they be pursued within the time by them prescribed namely the Statute anno 1 Ed. 6. cap. 1. giveth action for three years after the offences therein shall be committed and no longer and the Statute anno 7 H. 8. cap. 3. doth the like for four years and that anno 31 Eliz. cap. 5. for one year and no more But as by the Civil Law 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 veró triginta sect 1. de perpet temp actioin 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 expresly limited by Statute yet is there a means to prescribe against real actions within five years by a fine levied or a recovery acknowledged as you may see farther in the word Fine and Recovery And for this also look Limitation of Assise Action is farther divided in actionem bonae fidei stricti juris Which division hath good use in our common Law likewise though the terms I find not in any of their Writers But of this and such like divisions because they have as yet no apparent acceptance amongst our Lawyers but only a hidden use I refer the Reader to the Civilians and namely to Wesenb in his Paratitles ◠Deobligatio actio AD Addition additio is both the English and French word made of the Latine and signifieth in our common Law a title given to a man over and above his Christian and Surname shewing his Estate Degree Occupation Trade Age Place of Dwelling c. For the use whereof in original writs of Actions personal appeals and indictments It is provided by Statute an 1 H. 5. cap. 5. upon the penalty therein expressed Terms of the Law Brook farther addeth that it is likewise requisite in Towns and Gates of the Towns Parishes in great Towns and Cities where there may be any doubt by reason of more Towns Gates or Parishes of the same name titulo Addition See also M. Cromptons Justice of peace fol. 95 96. Adeling was a word of Honor among the Angles properly appertaining to the Kings Children whereupon King Edward being himself without issue and intending to make Eadgare to whom he was great Uncle by the Mothers side his Heir to this Kingdom called him Adeling Roger Hoveden parte poster suorum Annal. fol. 347. a. Adjournment adjournamentum is almost all one with the French adjouarement i. denunciatio vel diei dictio and signifieth in our Common-law an assignment of a day or a putting off untill another day Adjournment in eyre anno 25 Ed. 3. Statute of Pourveyers cap. 18. is an appointment of a day when the Justices in eyre mean to sit again Adjourn anno 2 Edw. 3. cap. 11. hath the like signification And this whole Title in Brook his Abridgement proveth the same The bastard Latine word adjournamentum is used also among the Burgundians as M. Skene noteth in his Book De verbo signi verbo Ad urnatus out of Cassaneus de consuet Burg. Ad inquirendum is a Writ judicial commanding inquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy of Bond-men and such like whereof see great diversity in the Table of the Register judicial verbo ad inquirendum Admeasurement admensuratio is a Writ which lyeth for the bringing of those to a mediocrity that usurp more than their part And it lyeth in two cases one is termed Admeasurement of Dower admensuratio dotis where the widow of the deceased holdeth from the Heir or his Guardian more in the name of her Dower than of right belonging unto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is Admeasurement of Pasture admensuratio pasturae which lyeth between those that have common of Pasture appendant to their free-hold or common by vicenage in case any one of them or more do surcharge the Common with more Cattel than 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 by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereunto I find not this word so used in all the Civil or Canon-law but more generally for those that have the Government of any thing as the Degrees Can. 23. quaest 5. cap. 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. Howsoever the signification of this word grew to be restrained amongst us it greatly booteth not But there was a Statute made anno 31 Ed. 3. cap. 11. whereby Power was given to the Ordinary to appoint these Administrators and to authorize them as fully as Executors to gather up 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. cap. 19. it was ordained that the Goods of those that died intestate should be committed to the Ordinary his disposition and that the Ordinary should be bound to answer his debts so far forth as the Goods would extend as Executors And I perswade my self that the committing of this burden unto Bishops and those that derive Ecclesiastical Authority from them grew first from the constitution of Leo the Emperor Co. de Episco et cleri l. nulli li licere 28. Where it is said that if a man dying bequeath any thing to the redeeming of Captives c. and appoint one to execute his Will in that point the Party so appointed shall see it performed and if he appoint none to do it then the Bishop of the City shall have power to demand the legacie and without all delay perform the Will of the deceased Admirall Admiralius commeth of the French amerel and signifieth both in France and with us an high Officer or Magistrate that hath the Government of the Kings Navy and the hearing determining of all Causes as well Civil as Criminal belonging to the Sea Cromptons divers jurisd fo 88. and the Statutes anno 13 R. 2. ca. 5. anno 15. ejusdem ca. 3. anno 2 H. 4. ca. 11. anno 2 H. 4. ca. 6. anno 28. H. 8. ca. 15. with such like This Officer is in all Kingdoms of Europe that border upon the Sea and this Authority in the Kingdom of Naples is called magna Curia Admiratiae quae habet jurisdictionem in eos qui vivunt ex arte maris Vincent de Franch deseis 142. nu 1. This Magistrate among the Romans was called praefectus
joyntly to the Husband and the Wife and after to the Heirs of their bodies whereby the Husband and Wife be made joynt tenants during the coverture Coke lib. 3. Butler and Bakers case f. 27. b. See Frank mariage Joynture is also used as the abstract of Joynt tenants Coke lib. 3. the Marquess of Winchesters Case fol. 3. a. b. Junctura is also by Bracton and Fleta used for joyning of one bargain to another Fleta lib. 2. cap. 60. touching the self-same thing and therefore joynture in the first signification may be so called in respect that it is a bargain of livelihood for the wife adjoyned to the contract of mariage Journ Choppers anno 8 Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarn were in those daies called journ I cannot say but Choppers in these dayes are well known to be changers as choppers of Churches c. Journeyman commeth of the French Journee that is a day or dayes work which argueth that they were called Journeymen that wrought with others by the day though now by Statute it be extended to those likewise that covenant to work in their occupation with another by the year anno quinto Elizabeth cap. quarto IS Issue Exitus commeth of the French Issir i. emanare or the Substantive Issue i. exitus eventus It hath divers applications in the common Law sometime being used for the children begotten between a man and his wife sometime for profits growing from an amercement or fine or expences of sute sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of matter depending in sute whereupon the parties joyn and put their cause to the trial of the Jury 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 between 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 trial of twelve men is the effect of pleading or processe Issue in this last signification is either general or special General issue seemeth to be that whereby it is referred to the Jury to bring in their verdict whether the Defendant have done any such thing as the Plaintiff layeth to his charge For example if it be an offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General issue and if a man complain of a private wrong which the Defendant denieth and pleads no wrong nor disseisin and this be referred to the 12. it is likewise the General issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. The Special issue then must be that where special matter being alleged by the Defendant for his defence both the parties joyn thereupon and so grow rather to a Demurrer if it be quaestio Juris or to tryal by the Jury if it be quaestio facti See the new Book of Entries verbo Issue JU Juncture See Joynture Jure patronatus See the new Book of Entries verbo Jure patronatus in quare impedit fol. 465. col 3. Jurie Jurata commeth of the French Jurer i. jurare it signifieth in our Common law a company of men as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in question Of which trial who may and who may not be empanelled see Fitzh nat brev fol. 165. D. And for better understanding of this point it is to be known that there be three manner of trials in England one by Parliament another by Battel and the third by Assize or Jury Smith de Repub. Anglorum lib. 2. cap. 5 6 7. touching the two former read him and see Battel and Combat and Parliament the trial by Assise be the action civil or criminal publike or private personal or real is referred for the fact to a Jury and as they find it so passeth the Judgement and the great favour that by this the King sheweth to his Subjects more than the Princes of other Nations you may read in Glanvil lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum quo vitae hominum Status integritats tam salubriter consulitur ut in jure quod quis in libero soli tenemento possidet retinendo duelli casum declinare possint homines ambiguum c. see the rest This Iury is not used only in Circuits of Justices Errant but also in other Courts and matters of Office as if the Escheatour make inquisition in any thing touching his Office he doth it by Jury or Inquest if the Coroner inquire how a subject found dead came to his end he useth an Inquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bayliff of a Hundred the Steward of a Court Leet or Court Baron if they inquire of any offence or decide any cause between party and party they doe it by the same manner So that where it is said that all things be triable by Parliament Battel or Assise Assise in this place is taken for a Jury or Enquest empanelled upon any cause in a Court where this kind of trial is used and though it be commonly deemed that this custom of ending and deciding causes proceed from the Saxons and Britons and was of favour permitted unto us by the Conquerour yet I find by the grand Customarie of Normandy cap. 24. that this course was used likewise in that Country For Assise is in that Chapter defined to be an assembly of wise men with the Bayliff in a place certain at a time assigned forty dayes before whereby Justice may be done in causes heard in the Court. Of this custom also and those Knights of Normandie Johannes Faber maketh mention in the Rubrique of the Title de militari testamento in Institut this Jury though it appertain to most Courts of the Common law yet is it most notorious in the half-year Courts of the Justices errants commonly called the great Assises and in the quarter Sessions and in them it is most ordinarily called a Jury And that in civil causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron the Homage In the general Assise there are usually many Juries because there be store of causes both civil and criminal comonly to be tried whereof one is called the Grand Jury and the rest Petit Juries whereof it seemeth there should be one for every Hundred Lamb. Eirenar lib. 4. cap. 3. pag. 384. The Grand Jury consisteth ordinarily of 24. grave and substantial Gentlemen or some of them Yeomen chosen indifferently out of the whole Shire by the Sheriff to consider of all Bils of Inditement preferred to the Court which they doe either approve by writing upon them these
words Billa vera or disallow by writing Ignoramus such as they doe approve if they touch Life and Death are farther referred to another Jury to be considered of because the case is of such importance but others of lighter moment are upon their allowance without more work fined by the Bench except the party travers the Inditement or challenge it for insufficiency or remove the cause to a higher Court by Certiorari in which two former cases it is referred to another Jury and in the latter transmitted to the higher Lamb. Eir. li. 4. ca. 7. and presently upon the allowance of this Bill by the Grand Enquest a man is said to be indited Such as they disallow are delivered to the Bench by whom they are forthwith cancelled or torn The Petit Iury consisteth of twelve men at the least and are empaneled as well upon criminal as upon civil causes those that passe upon offences of Life and Death doe bring in their verdict either guiltie or not guilty wherupon the Prisoner if he be found guilty is said to be convicted and so afterward receiveth his judgement and condemnation or otherwise is acquitted and set Free Of this read Fortes cap. 27. Those that passe upon civil causes real are all or so many as can conveniently be had of the same Hundred where the land or tenement in question doth lie and four at the least And they upon due examination bring in their verdict either for the Demandant or Tenent Of this see Fortescue cap. 25 26. According unto which judgement passeth afterward in the Court where the cause first began and the reason hereof is because these Justices of Assise are in this case for the ease of the Country only to take the verdict of the Jury by the vertue of the writ called Nisi prius and so return it to the Court where the cause is depending See Nisi prius Joyn with this the chapter formerly cited out of the Custumary of Normandie and that of King Etheldreds laws mentioned by Master Lamberd verbo Centuria in his explication of Saxon words And by these two words you shall perceive that as well among these Normans as the Saxous the men of this Jury were Associates and Assistants to the Judges of the Court in a kind of equalitie whereas now adayes they attend them in great humility and are as it were at their command for the service of the Court the words set down by M. Lamberd are these In singulis centuriis comitia sunto atque liberae conditionis viri duodeni aetate superiores un à cum praeposito sacra tenentes juranto se aedeo virum aliquem innocentem hand condemnaturos sontemve absoluturos to this joyn also the 69. chapter of the said Custumary See Enquest See 12. Men. See Lamberds Eirenarch lib. 4. cap. 3. pag. 384. Juris utrùm is a writ that lieth for the incumbent whose predecessour hath alienated his lands or tenements the divers uses of which writ see in Fitzh nat br fol. 48. Jurisdictiou Jurisdictio 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 Jurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his fee The other is a Iurisdiction given by the Prince to a Bayliff this division I have in the Custumary of Normandie cap. 2. which is not unapt for the practice of our Commonwealth for by him whom they call a Bayliff wee may understand all that have commission from the Prince to give judgement in any cause The Civilians divide jurisdictionem generally in imperium jurisdictionem and imperium in merum et mixtum Of which you may read many especiall tractats written of them as a matter of great difficulty and importance Justes cometh of the French Joustes i. decursus and signifieth with us contentions between Martial men by speares on horsback anno 24 H. 8. cap. 13. Justice Justiciarius is a Freneh word and signifieth him that is deputed by the King to doe right by way of judgement the reason why he is called Justice and not Judex is because in ancient time the latine word for him was Justitia and not Justiciarius as appeareth by Glanv lib. 2. cap. 6. Roger Hoveden part poster suorum annalium fo l 413. a. and divers other places which appellation we have 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 Justi in their judgements but in abstract ipsa justitia howbeit I hold it well if they perform their office in concreto Another reason why they are called Justiciari◠with us and not Judices is because they have their authority by deputation as Delegates to the King and not jure magistratus and therefore cannot depute others in their stead the Justice of the Forest only excepted who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices of these Justices you have divers sorts in England as you may perceive here following The manner of creating these Justices with other appurtenances read in Fortescue cap. 51. Justice of the Kings bench Justiciarius de Banco Regis is a Lord by his office and the chief of the rest wherefore he is also called Capitalis Justiciarius Angliae his office especially is to hear and determine all plees of the Crown that is such as concern offences committed against the crown dignity and peace of the King as treasons felonies mayhems and such like which you may see in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled The plees of the Crown from the first chapter to the fifty one of the first Book But either it was from the beginning or by time is come to passe that he with his Assistants heareth all personal actions and real also if they be incident to any personal action depending before them See Cromptons jurisd fol. 67. c. Of this Court Bracton lib. 3. ca. 7. nu 2. saith thus Placita vero civilia in rem personam in Curia domini Regis terminanda coram diversis Justiciariis terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet unam propriam sicut aulam regiam justiciariios capitales qui proprias causos Regis terminant aliorum omnium par querelam vel per privilegium sive libertatem ut si sit aliquis qui implacitari non debeat nisi coram domino Rege This Justice as it seemeth hath no patent under the broad Seal For so Cromp. saith ubi supra He is made only by Writ which is a short one to this effect Regina Johanni Popham militi salutem Sciatis
of summs under forty shillings Crompton fol. 231. agreeth with him It is called a Justicies because it is a commission to the Sheriff ad Justiciandam aliquem to doe a man right and requireth no return of any certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. maketh mention of a Justicies to the Sheriff of London in a case of Dower See the new book of Entries Justicies Justification Justificatio is an upholding or shewing a good reason in Court why he did such a thing as he is called to answer as to Justifie in a cause of Replevin Broke titulo Replevin KE KEeper of the great Seal Custos Magni Sigilli is a Lord by his Office and called Lord-Keeper of the great Seal of England c. and is of the Kings privy Councel under whose hands pass all Charters Commissions and Grants of the King strengthened by the great or broad Seal Without the which Seal all such Instruments by Law are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmly but under the said Seal This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place authority preheminence Jurisdiction execution of Laws and all other Customes Commodities and advantages as hath the Lord Chancellor of England for the time being Keeper of the privy Seal Custos privati Sigilli is a Lord by his Office under whose hands pass all Charters signed by the Prince before they come to the broad or great Seal of England He is also of the Kings privy Councell He seemeth to be called Clerk of the privy Seal anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office by reason the Prince thinketh good rather to keep his Seal in his own hands and by private trust to commit it to his principal Secretary or some such one of his Councel 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 Chief Warden of the Forest Manwood parte prim of his Forest laws pag. 156. c. and hath the principal government of all things belonging thereunto as also the check of all Officers belonging to the Forest And the Lord Chief Justice in Eyr of the Forest when it pleaseth him to keep his Justice Seat doth forty daies before send out his general Summons to him for the warning of all under Officers to appear before him at a day assigned in the Summons This see in Manwood ubi supra KI King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifying him that hath the highest power and absolute rule over our whole Land and thereupon the King is in intendment of Law cleared of those defects that Common persons be subject unto For he is alwaies supposed to be of full age though he be in years never so young Cromptons Jurisdictions fol. 134. Kitchin fol. 1. He is taken as not subject unto death but is a Corporation in himself that liveth ever Crompton ibidem Thirdly he is above the Law by his absolute power Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws he do admit the three Estates that is Lords Spiritual Lords Temporal and the Commons unto Counsel yet this in divers learned mens opinions is not of constraint but of his own benignity or by reason of his promise made upon oath at the time of his Coronation For otherwise were he a Subject after a sort and subordinate which may not be thought without breach of duty and loyalty For then must we deny him to be above the Law and to have no power of dispersing with any positive law or of granting especial Privileges and Charters unto any which is his only and clear right as Sir Thomas Smith well expresseth lib. 1. cap. 3. de Repub. Anglica and Bracton lib. 2. cap. 16. num 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity except such as he bindeth himself by Oath not to forgive Stawnf pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua Bracton l. 2. c. 24. nu 1. And though at his Coronation he take an Oath not to alter the laws of the Land yet this Oath notwithstanding he may alter or suspend any particular Law that seemeth hurtfull to the publique Estate Blackwood in Apologia Regum cap. 11. See Oath of the King Thus much in short because I have heard some to be of opinion That the Laws be above the King But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which look in Oath of the King The Kings Oath in English you may see in the old Abridgement of Statutes titulo Sacram. Regis Fourthly the Kings only Testimony of any thing done in his presence is of as high nature and credit as any Record Whence it commeth that in all Writs or Precepts sent out for the dispatch of Justice he useth none other Witness but himself alwaies using these words under it Teste me ipso Lastly he hath in the right of his Crown many Prerogatives above any common person be he never so potent or honorable whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made anno 17 Ed. 2. though that contain not all by a great number What the Kings power is read in Bracton lib. 2. cap. 24. nu pri 2. King of Heralds Rex Haraldorum is an Officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Judgement Seat where the King of England was wont to sit in his own person and therefore was it moveable with the Court or Kings houshold And called Curia Domini Regis or Aula Râ—gia as Master Gwin reporteth in the Preface to his Readings and that in that and the Exchequer which were the only Courts of the King untill Henry the Thirds dayes were handled all matters of Justice as well Civil as Criminal whereas the Court of Common Plees might not be so by the Statute anno 9 H. 3. cap. 11. or rather by Master Gwins opinion was presently upon the grant of the great Charter severally erected This Court of the Kings bench was wont in ancient times to be especially exercised in all Criminal matters and Plees of the Crown leaving the handling of private contracts to the County Court Glanvil lib. 1. cap. 2 3 4 lib. 10. cap. 18. Smith de Repub. Anglicana lib. 2. cap. 11. and hath President of it the Lord
agreeth the Statute anno 34 35 H. â— cap. 14. in ipso principio and anno 1 Ed. 6. cap. 12. in these words that then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And again in these words every Woman that is or shall fortune to be Wife of the person so attainted convicted or out-lawed c. To this you may likewise adde the Statute an 2 3 Ed. 6. c. 33. And Ifind by Stawnf pl. cor f. 66. that a Man by our antient Laws was said to be convicted presently upon the verdict guilty but not to be attainted until it appeared he was no clerk or being a Clerk demanded of his Ordinary could not purge himself So that a man was not attainted upon Conviction except he were no Clerk and in one word it appeareth that Attainder is larger than Conviction Conviction being only by the Jury And attainder is not before Judgement Perkins Graunts num 27 29. Yet it appeareth by Stawnf fo 9. that Conviction is called attainder sometime For there he saith that the verdict of the Jury doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3 Edw. 1. This antient Law touching the Conviction and Purgation of Clerks is altered by an 23 Eliz. cap. 2. as you may further read in Clergie Attainder Attinctus though it be most used in matters of Felony or Treason yet it is likewise applied to inferiour transgressions as to Disseisin Westm 1. cap. 36. an 3 Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens commeth of the French attendere i. demorari operiri expectare praestolari it signifieth in our Common law one that oweth a Dutie or Service to another or after a sort dependeth of another For example there is a Lord Mesn and Tenent the Tenent holdeth of the Mesn by a pennie the Mesn holdeth over by two pence The mean releaseth to the Tenent all the right he hath in the Land and the Tenent diâ—â—h His wife shall be endowed of the Land and she shall be attendent to the Heir of the third part of the peny and not of the 3d. part of the two pence For she shall be endowed of the best possession of her husband Another hath Kithin f. 209. in these word where the wife is endowed by the gardian she shall be attendant to the gardian and to the heir at his full age with whom agreeth Perkins also in Dower 424. Atturney atturnatus cometh of the french tourner i. vertere as tourner son esprit a faire quelque chose i. animum adrem aliquam inclinare Thence cometh the participle tourne i. versus conversus and the Substantive tour i. vices vicissitudo as chacun a sontour i. quilibet sua vice It signifieth in our Common law one appointed by another man to do any thing in his stead as much as procurator or syndicus in the Civil law West parte 1. Symbolaogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandment or request to take heed see to and take upon them the charge of other mens businesse in their absence by whom they are commanded or requested And where it seemeth that in ancient time those of authority in Courts had it in their arbitrement whether they would suffer men to appear or sue by any other than themselves as is evident by Fitzh nat br fol. 25. in the writ Dedimus potestatem de atturnato faciendo where it is shewed that men were driven to procure the Kings writs or letters patents to appoint Atturneys for them it is sithence provided 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 Edw. 1. c. 8. anno 27 ejusdem stat 2. anno 12 Edw. 2.1 anno 15 ejusdem cap. unico anno 7 Ric. 2. cap. 14. anno 7 H. 4. cap. 13. anno 3 H. 5. cap. 2. anno 15 Hen. 6. cap. 7. anno 17 H. 7. cap. 2. is to be proved And you may set great diversity of writs in the table of the Regi origen wherein the King by his writ commandeth the Judges to admit of Atturneys Whereby there grew at the last so many unskilfnl Atturneys and so many mischiefes by them that provision for restraining them was requisite Wherefore anno 4 H. cap. 18. it was ordained that the Justrces should examine them and displace the unskilful And again anno 33 H. 6. cap. 7. that there should be but acertain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see Fitzh ubi supra Atturney is either general or special Atturney general is he that by generall authority is appointed to all our affaires or sutes as the Atturney general of the King pl. cor fol. 152. which is as much as Procurator Caesaris was in the Romane Empire Atturney general of the Duke Cromptons jurisd fol. 105. Atturney special or particular is he that is employed in one or more causes particularly specified Atturneys-general be made after two sorts either by the Kings letters patents before him or the Lord Chancellour or by our appointment before Justices in Eyr in open court Glanvile l. 11. c. pri Britton c. 126. whom of this thing you may read more at large There be also in respect of the divers Courts Atturneys at large and Atturnies special longing to this or that Court only The name is borrowed of the Norman as appeareth by the Custumary c. 65. And I find the word Attornaty or as some read Turnati in the same signification in the title de statu regularium ca. unico Sect. Porro in sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta eonstituti Our old Latine word for this seems 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 Perssewer M. Skene de verb. significatione Responsalis as Sigonius witnesseth in his first book De regno It aliae was in an ancient time the title of the Popes Ambassador Page 11. Atturney of the Court of Wards and Liveries Atturnatus regis in curia Wardorum Liberatur arum is the third office 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 serve the King as his Attorney in all Courts for and concerning any matter or cause that toucheth the possessions and hereditaments limited to the Survey and government of this Court and to procure the Kings profit thereof truly to counsel the King and the Master of the Court in all things concerning the
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto 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 termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
men upon any cause anno 25 Ed. 3. stat 4. cap. 2. Cathedrall See Church Casu matrimonii praelocuti is a Writ which lyeth in case where a woman giveth lands to a man in fee simple to the intent he shall marry her and refusesh so to do in reasonable time being required thereunto by the woman The form and farther use thereof learn in the Register orig fol. 233. and in Fitzh nat br fol. 205. Causam nobis significes is a Writ which lyeth to a Maior of a Town or City c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke l. 4. casu communalty des Sadlers fol. 55. b. Cautione admittenda is a Writ that lyeth against the Bishops holding 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 thenceforth The form and farther effect whereof take out of the Regist orig pag. 66. and Fitzh nat br fol. 63. CE Century centuria See Hundred Cepicorpus is a return made by the Sheriff that upon an exigend he hath taken the body of the party Fitzh nat br Fol. 26. Certiorari is Writ issuing out of the Chancery to an inferior Court to call up the records of a cause therein depending that conscionable Justice therein may be ministred upon complaint made by bill that the party which seeketh the said Writ hath received hard dealing in the said Court. Terms of the Law See the divers forms and uses of this in Fitzh nat br fol. 242. as also the Register both original and judicial in the tables verbo Certiorari Crompton in his Justice of peace f. 117. saith that this Writ is either returnable in the Kings Bench and then hath these words nobis mittatis or in the Chauncerie and then hath in caucellaria nostra or in the Common Bench and then hath Justiciariis nostris de banco The word Certiorare is used divers times in the digest of the Civil Law but our later Criticks think it so barbarous that they suspect it rather to be foisted in by Tribonian than to be originally used by those men of whose works the said digest is compiled Prataeus in suo lexico Certificat certificatorium is used for a writing made in any Court to give notice to another Court of any thing done therein As for example a certificat of the cause of attaint is a transcript made briefly and in few words by the Clerk of the Crown Clerk of the Peace or Clerk of Assise to the Court of the Kings Bench containing the tenure and effect of every endictment outlawrie or convictior and Clerk attainted made or pronounced in any other Court anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque Broke fol. 119. Certification of assise of novel disseisin c. Certificatio assisae novae disseisinae c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices and is called certificatione novae dissessinae Old nat br fol. 181. Of this see also the Register original fol. 200. and the new book of entries verb. Certificat of assise This word hath use where a man appearing by his Bailiff to an assise brought by another hath lost the day and having something more to plead for himself as a deed of release c. which the Bailiff did not or might not plead for him desireth a farther examination of the cause either before the same Justices or others obtaineth Letters patents unto them to that effect The form of these Letters Patents you may see in Fitzh nat br fol. 181. and that done bringeth a Writ to the Sheriff to call both the party for whom the assise passed and the Jurie that was empaneled upon the same before the said Justices at a certain day and place And it is called a certificate because in it there is mention made to the Sheriff that upon the parties complaint of the defective examination or doubts yet remaining upon the assise passed the King hath directed his Letters patents to the Justices for the better certifying of themselves whether all points of the said assise were duly examined yea or not See farther Old nat br and Fitzh ubi supra Of this also you may read Bractoâ— lib. 4. cap. 19. num 4. in fine 5 6. where he discusseth the reason of this point very learnedly and lastly Horn in his Mirrour of Justices lib. 3. cap. finali § en eyde des memoyees c. Certificando ' de recognitione Stapulae it is a Writ directed to the Major of the Staple c. commanding him to certifie the Chauncellor of a statute of the staple taken before him between such and such in case where the party himself detaineth it and refuseth to bring it in Regist orig fol. 152. b. In like manner may be said of certificando de statuto mercatorio eodem fol. 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fol. 195. and certificando quando recognitio c. and certificando quid actum est de brevi super statutum mercatorium fol. 151. and certificando si loquela Warantiae fol. 13. Cessor is he that ceaseth or neglecteth so long to perform a duty be longing unto him as that by his cesse or cessing he incurreth the danger of Law and hath or may have the Writ cessavit brought against him Old nat br fol. 136. And note that where it is said in divers places the Tenent cesseth without any more words such phrase is so to be understood as if it were said the Tenent cesseth to do that which he ought or is bound to do by his Land or Tenement Cessavit is a Writ â—hat lyeth in divers cases as appeareth by Fitzh nat br fol. 280. upon this general ground that he against whom it is brought hath for two years foreslown to perform such service or to pay such rent as he is â—ed unto by his Tenure and hath not upon his Land or his Tenement sufficient goods or cattels to be distreined Consult more at large with Fitz. upon this ubi supra with Fleta lib. 5. cap. 34. § visa sunt and with the Terms of law See Cessavit de cantaria Register orig fol. 238. Cessavit de feod firma eodem fol. 237. Cessavit per biennium eodem folio etiam eodem See the new book of Entries verbo Cessavit Cestui qui vie is in true French Cestui a vie de qui. i. he for whose life any Land or Tenement is graunted Perkins graunts 97. Cestus qui use ille cujus usui vel ad cujus usum is broken French and thus may be bettered Cestui all use de qui. It is an ordinary speech among our Common
places they there have this commissary is but superfluous and most commonly doth rather vex and disturb the Country for his lucre than of conscience seek to redresse the lives of offenders And therefore the Bishop taking prestation money of his Archdeacons yearely pro exteriori jurisdictione as it is ordinarily called doth by super-onerating their circuit with a commissary not only wrong Archdeacons but the poorer sort of subjects much more as common practice daily teacheth to their great woe Commission commissio is for the most part in the understanding of the Common law as much as delegatio with the Civilians See Brook titulo Commission and is taken for the warrant or Letters Patents that all men exercising jurisdiction either ordinary or extraordinary have for their power to hear or determine any cause or action Of these see divers in the table of the Register original verbo Commissio Yet this word sometime is extended further than to matters of judgement as the Commission of Purveyers or takers anno 11 H. 4. cap. 28. But with this epitheton High it is most notoriously used for the honourable Commission Court instituted and founded upon the Statute 1 Eliz. cap. 1. for the ordering and reformation of all offences in any thing appertaining to the jurisdiction ecclesiastical but especially such as are of higher nature or at the least require greater punishment than ordinary jurisdiction can afford For the world being grown to that loosenesse as not to esteem the censure of excommunication necessity calleth for those censures of fines to the Prince and imprisonment which doe affect men more neerly Commission of rebellion commissio rebellionis is otherwise called a writ of Rebellion Breve Rebellionis and it hath use when a man after proclamation made by the Sheriff upon an order of the Chauncery or court of Statrechamber under penalty of his allegeance to present himself to the Court by a certain day appeareth not And this commission is directed by way of command to certain persons to this end that they or three two or one of them doe apprehend or cause to be apprehended the party as a rebell and contemner of the Kings lawes wheresoever they find him within the Kingdom and bring him or cause him to be brought to the court upon a day therein assigned The true copie of this commission or Writ you have in Cromptons divers jurisdictions Court de Starre-Chamber as also in West tractat touching proceedings in chancery Sectio 24. Commissioner commissionarius is he that hath commission as Letters Patents or other lawful 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 Eyr anno 3 Ed. 1. cap. 26. with infinite such like Committee is he to whom the consideration or ordering of any matter is referred either by some Court or consent of parties to whom it belongeth As in Parliament a Bill being read is either consented unto and passed or denied or neither of both but referred to the consideration of some certain men appointed by the house farther to examine it who thereupon are called Committees Committee of the King West part 2. symbol titulo Chancerie sect 144. This word seemeth to be something strangely used in Kitchin fol. 160. where the widow of the Kings Tenent being dead is called the Committee of the King that is one committed by the ancient law of the land to the Kings care and protection Common bench bancus communis is used some time for the Court of Common plees anno 2 Ed. 3. cap. 11. So called as M. Cambden saith in his Britannia pag. 113. quia communia placita inter subditos ex jure nostro quod commune vocant in hoc disceptantur that is the Plees or Controversies tryed between Common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Justices in Eyr consueverunt Justiciarii imponere villatis juratoribus hundredis toti comitatui concelamentum omnes separatim amerciare quod videtur voluntarium cùm de per jurio concelauâ—ento non fuerint convicti sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis conservatione lib. 1. cap. 48. § Quibus And a little following § Et provisum he hath these words Et provisum ests quòd communes misericordiae vel fines comitatuum amerciatorum in finibus ininerum Justiciariorum ante recessum ipsorum Justiciariorum per sacramenta militum aliorum proborum hominum de comitatu eodem affidentur super eos qui contribuere debent unde particulae Justiciariis liberentur ut cum aliis extractis suis ad Scaccarium liberare valeant These last words of his have relation to the statute Westminst pr. cap. 18. which read See Fine Common Plees communia placita is the Kings Court now held in Westminster Hall but in antient time moveable 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 until 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 the other the Kings Bench which was then called Curia Domini regis and Aula regia because it followed the Court or King and that upon the grant of that Charter the Court of Common plees was erected and setled in one place certain viz. at Westminster And because this Court was setled at Westminster wheresoever the King lay thereupon M. Gwin ubi supra saith that after that all the Writs ran Quòd sit coram Justiciariis meis apud Westmonasterium whereas before the party was commanded by them to appear coram me vel Justiciariis meis simply without addition of place as he well observeth out of Glanvile and Bracton the one writing in Henry the seconds time before this Court was erected the other in the latter end of Henry the thirds time who erected this Court. All civil causes both real and personal are or were in former times tryed in this Court according to the strict law of the Realm and by Fortescue cap. 50. it seemeth to have been the onely Court for real causes The chief Judge thereof is called the Lord chief Justice of the Common Plees accompanied with 3 a 4 Assistants or Associates which are created by Letters Patents from the King and as it were enstalled or placed upon the Bench by the Lord Chancelor and Lord chief Justice 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 brevium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerk of the Warrants Clerk of the Juries or Jurata
possession Conspiracie conspiratio though both in Latine and French it be used for an agreement of men to do any thing either good or bad yet in our Lawyers books it is alway taken in the evil part It is defined anno 34 Ed. pri stat 2. to be an agreement of such as do confeder and bind themselves by oath covenant or other aliance that every of them shall bear and ayde the other falsly and maliciously to indite or falsly to move or maintain Plees and also such as cause children within age to appeal men of Felonie whereby they are imprisoned and fore grieved and such as retain men in the Countries with liveries or fees to maintain their malicious enterprises And this extendeth as well to the takets as to the givers And Stewards and Bayliffes of great Lords which by their seignorie office or power undertake to bear or maintain quarrels plees or debates that concern other parties than such as touch the estate of their Lords or themselves anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more anno 1 H. 5. cap. 3. an 18 H. 6. cap. 12. as also in the new book of Entries ver Conspiraey Conspiracie in the places before mentioned is taken more generally is confounded with maintenance and champerty But in a more special signification it is taken for a confederacie of two at the least falsely to endict one or to procure one to be endicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Kings sute is that the party attainted leese his frank law to the intent that he be not empaneld upon Juries or Assises or such like éploiments for the testifying of truth And if he have to do in the Kings Court that he make his Atturney and that his lands goods and chattels be seised into the Kings hands his Lands estreaped if he find no better favour his trees raced and his body committed to prison 27 lib. assis 59. Cromptons Justice of Peace fol. 156. b. This is called villanous judgement or punishment See Villanous judgement But if the partie grieved sue upon the Writ of conspiracy then see Fitzh nat br fol. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fol. 116. A. c. See Frank Law Conspiratione is a Writ that lyeth against conspiratours Fitz. nat br fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable constabularius vel Conestabulis is a Saxon word compounded of cuning or cyng and staple which do signiffe the stay and hold of the King Lamb. duties of Constables num 4. But I have heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we have this Officer from France as most others and not from the Saxons And Tilius in his Commentaries de rebus Gallicis li. 2. c. de conistabili hath the same etymologie giving the reason thereof quia praeest stabulo i. equili regis which office is ancient here in England and mentioned by Bracton seeming to answer him that was called tribunus celerum under the first Kings of Rome and Magister equitum afterward The Germans that inhabite the side of the river Rhene note him by this title die constofler and in counterfeit Latine constofelerus and in older time constafolarius that the Romans were wont to tearm assessorem judicii And as Spiegelius in his Lexicon noreth derive the word à stafolo comitis i. gradu Judicis fiscalis For staffel in their language as he saith signifieth a grees or step of a pair of stairs And thereupon stafelstein being a word used in their very ancient writings signifieth as much as Praetorium But a man many times may shew in this kind more curiosity than discretion as perhaps some will judge me here to have done And therefore enough of this This word is diversly used in our Common law first for the Constable of England who is also called Marshall Stawnâ—â— pl. cor fol. 65. Of whose great dignity and authority a man may find many arguments and signes both in the Statutes and Chronicles of this Realm His sway consisteth in the care of the common peace of the Land in deeds of arms and matters of wars Lamb. ubi supra with whom agreeth the statut anno 13 R. 2. cap. 2. statut 1. Smith de Repub. Anglo lib. 2. cap. 25. Of this Officer or Magistrate M. Gwin in the Preface to his Reading saith to this effect The Court of the Constable and Marshal determineth contracts touching deeds of arms tout of the Realm and handleth things concerning warrs within the Realm as Combats blasons of armory c. But it may not deal with battel in appeals nor generally with any other thing that may be tryed by the Law of the Land And read Fortescue c. 32. This office was belonging heretofore to the Lords of certain mannors jure feudi why it is discontinued see Dyer f. 258. nu 39. Out of this high magistracie saith M. Lamberd were drawn these lower Constables which we calâ—oÌ„stables of Hundreds and franchises and first ordained by the Statute of Winchester anno 13 Ed. 1. which appointeth for the conservation of the peace and view of armour two Constables in every Hundred and franchise which in Latine are called constabularii capitales And these be now a dayes called high Constables because continuance of time and increase both of people and offences hath again under these made others in every Town called petit Constables in Latine subconstabularios which are of like nature but of inferiour authority to the other as you may read at large in that learned mans Treatise before named Of these also read S. Thomas Smith lib. 2. cap. 22. Beside these there be officers of particular places called by this name as Constable of the Tower Stawnf pl. cor fol. 152. anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict fol. 132. Constable of the Exchequer anno 51 H. 3. statute 5. Constable of Dover Castle Camdeni Britan. pag. 239. Fitzh nat br fol. 240. otherwise called castellane West i. cap. 7. anno 3 Ed. 1. But these be castellani properly as Master Lamberd noteth though conjoyned in name with the others See the Statute anno 32 H. 8. cap. 38. M. Manwood parte prima c. 13. of his Forest laws maketh mention of a Constable of the Forest Consuetudinibus servitiis is a Writ of right close which lyeth against the Tenant that deforceth his Lord of the rent or service due unto him Of this see more at large the Old nat br fol. 77. Fitzh eodem fol. 151. and the Register orig fol. 159. Consultation consultatio is a Writ whereby a cause being formerly removed by prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For the Judges of the Kings Court if upon comparing the libel with
anno 35. H. 8. cap. 26. and the County of Litchfield Cromptons Justice of peace fo 59. a. County is in another signification used for the Countie court which the Sheriff keepeth every month within his charge either by himself or his Deputy anno 2. Ed. 6. ca. 25. Crompt Juris f. 221. Bract. li. 3. c. 7. l. 3. tract 2. cap. 12. Of these Counties or Shires one with another there are reckoned in England 37. beside twelve in Wales The word comitatus is also used for a jurisdiction or territory among the Feudists County court curia comitatus by M. Lamberd is otherwise called conventus in his explication of Saxon words divided into two sorts one retaining the geneeal name as the County-court held every moneth by the Shiereve or his Deputy the under Sheriff wherof you may read in Crompt jurisd f. 231. the other called the Turn held twice every year which see more at large in his place and Cromptons Jurisd fol. 231. This County court had in antient times the cognition of these and other great matters as may appear by Glanvile lib. 1. cap. 2.3.4 by Bracton and Britton in divers places and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico It had also and hath the determination of certain trespasses and debts under forty shillings Britton cap. 27 28. what manner of proceeding was of old used in this Court see Fleta ubi supra Coursitour See Cursetour Court curia cometh 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 divided the whole number of the Romans sometime also the Senat-house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curta agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput urbis c. Court with us signifieth diversly as the House where presently the King remaineth with his ordinary retinue and also the place where Justice is judicially ministred of which you find 32 several sâ—rts in M. Cromptons book of Jurisdictions well described And of them most be courts of record some be not and therefore are accounted base Courts in comparison of the rest Beside these also there are Courts Christian Smith de Repnb Anglor lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledg in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope of Rome because he chalenged the superiority in all causes spiritual but sithence his ejection they hold them by the Kings authority virtute magistratus sui as the Admiral of England doth his Court Whereupon it proceedeth that they send out their precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the appeal from these Courts did lye to Rome now by the statute anno 25 H. 8. cap. 19. it lieth to the King in his Chancerie Court baron curia baronis is a Court that every Lord of a manor which in ancient times were called Barons hath within his own precincts Barons in other Nations have great Territories and jurisdiction from their Soveraignes as may be proved out of Cassanaeus de gloria mundi part 5. consideratio 56. by Vincentius de Franchis descis 211. and many others Bu here in England what they be and have been heretofore see in Baron Of this Court Baron you may read your fill in Kitchin that writeth a large Book of it and of a Court Leet Sir Edward Coke in his fourth Book of Reports amongst his Copy-hold cases fol. 26. b. saith that this Court is two after a sort and therefore if a man having a mannor in a Town and do graunt the inheritance of the Copy-holders thereunto belonging unto another this grantee may keep a Court for the customarie Tenants and accept surrenders to the use of others and make both admittances and graunts the other Court is of Free-holders which is properly called the Court Baron wherein the suters that is the Free-holders be Judges whereas of the other the Lord or his Steward is Judge Court of Pypowders See Pie-powders Court of Requests curia requestarum is a Court of equity of the same nature with the Chancerie principally instituted for the help of such petitioners as in conscionable cases deal by supplication with his Majestie This Court as M. Gwin saith in the Preface to his Readings had beginning from Commission first granted by Henry the eighth to the Masters of Requests whereas before that time by his opinion they had no warrant of ordinary jurisdiction but travelled between the King and the Petitioner by direction from the Kings mouth But Sir Julius Caesar in a Tractate of his painfully and very judiciously gathered from the Records of the same Court plainly sheweth that this Court was 9 Henrici septimi though then following the King and not setled in any certain place neither swayed particularly by the Masters of Requests as now it is but more at large by others of the Kings most Honourable Councel whom he pleased to employ in this service For page 148. of the said Tractate you have the form of the oath then ministred to those that were Judges in this Court and à pag. pri usque ad pag. 46. causes of divers natures which in the said Kings dayes were there handled and adjudged This Court as that right honourable and Learned Knight in a Brief of his upon the same Court plainly proveth was and is parcel of the Kings most honoutable Councel and so alwayes called and esteemed The Judges thereof were alwayes of the Kings most Honourable Councel appointed by the King to keep his Councel board The keeping of this Court was never tyed to any place certain but onely where the Counsel sate the suters were to attend But now of late for the ease of suters it hath been kept in the White-Hall at Westminster and onely in Term time It is a Court of Record wherein Recognizances are also taken by the Kings Councel The form of proceeding in this Court was altogether according to the processe of summarie causes in the Civil Law The persons Plaintiffs and Defendants were alwayes either privileged as officers of the Court or their servants or as the Kings servants or as necessary Attendants of them or else where the Plaintiffs poverty or mean estate was not matchable with the wealth or greatnesse of the Defendant or where the cause meerly contained matter of Equity and had no proper remedie at the Common law or where it was specially recommended from the King to the Examination of his Councel or concerned Universities Colleges Hospitals
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of the Sea So that when you are out of the Main Sea within the Haven look how many landing places you have so many Creeks may be said to belong to that Haven See Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that a Woman divorced from her Husband hath to recover lands or tenements from him to whom her husband did alienate them during the marriage because during the marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
permitteth it is by Law guilty of the fault committed by him that escapeth be it Felony Treason or Trespass Negligent escape is when one arrested and afterwards escapeth against his will that arrested him and is not pursued by fresh sute and taken again before the party pursuing hath lost the sight of him Idem cap. 27. But there read more of this matter for there be doubts worth the consideration And of the course of punishment by the Civil Law in this point read in Practica criminali Claudii de Battandier reg 143. read also Cromptons Justice fol. 35. b. fol. 36. 37. and read the new Terms of Law There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forrest is delivered of that punishment which by order of the forrest lyeth upon those whose beasts be found within the land forbidden Cromptons Jurisdict fol. 196. Eschequer Scaccarium cometh of the French Eschequier i. abacus tabula lusoria and signifieth the place or Court of all receipts belonging to the Crown and is so termed as I take it by reason that in ancient times the accomptants in that Office used such Tables as Arithmetitians use for their calculations for that is one signification of Abacus amonst others Polydor. Virgil. lib. 9. hist Anglc. saith that the true word in Latine is Statarium and by abuse called Scaccarium In mine opinion it may well seem to be taken from the German word Schatz signifying as much as Thesaurus or Fiscus And from this fountain no doubt springeth the Italian word Zecchâ—â— signifying a mint and Zecherit aliâs Zechieri the Officers thereunto belonging Descis Geâ—uen 134. M. Cam. in his Britan. pag. 113. saith that this Court or office took the name à tabula ad quam assidebant proving it out of Gervasius 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 find the Eschequier thus described The Eschequier is called an assembly of High Justiciers to whom it appertaineth to amend that which the Bailiffes and other meaner Justiciers have evil done and unadvisedly judged and to do right to all men without delay as from the Princes mouth Skene de verbo Significatione verbo Scaccarium hath out of Paulus Aemilius these words Saccarium dicitur quasi S. at arium quòd homines ibâ— in jure sistantur vel quòd sit stataria perennis curia cum caeterae curiae essent indictivae nec loco nec tempore state where he saith also of himself that in Scotland the Eschequer was stable but the other Session was deambulatorie before James the fist qui instituit Statariam curiam cum antea esset indictiva he addeth farther Others think that Scaccarium is so called à similitudine ludi Scaccorum that is the play of the Chests because many persons meet in the Chequer pleading their causes one against the other as if they were fighting in arraied battel Others think that it cometh from an old Saxon word Scata as writeth S. Thomas Smith which signifieth Treasure taxation or Imposts whereof account is made in the Chequer This Court consisteth as it were of two parts whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers anciently called Scaccarium computorum as Ockam testifieth in his lucubrations the other is called the receipt of the Exchequer which is properly imployed in the receiving and payment of money Crompton in his Jurisdictions fol. 105. defineth it to be a Court of Record wherein all causes touching the revenues of the Crown are handled The officers belonging to both these you may find named in M. Camddens Britannia cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled in Westminster was in divers Counties of Wales anno 27 H. 8. cap. 5. but especially cap. 26. Escheate Eschaeta cometh of the French escheoir i. cadere accidere excidere and signifieth in our Common law any lands or other profits that fall to a Lord within his Manor by way of forfeiture or the death of his Tenent dying without Heir general or especial or leaving his Heir within age or unmarried Magna Charta c. 31. Fitzh nat br f. 143. T c. Escheat is also used sometime for the place circuit within the which the King or other Lord hath escheats of his Tenents Bracton lib. 3. tract 2. cap. 2. pupilla oculi parte 2. cap. 22. Escheat thirdly is used for a VVrit which lieth where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord dyeth seised without Heir general or especial For in this case the Lord bringeth this VVrit against him that possesseth these Lands after the death of his Tenentâ— and shall there by recover the same in lieu of his services Fitzh nat br fol. 144. These that we call Escheats are in the Kingdom of Naples called Excadentia or bona excadentiala as Baro locat excadentias eo modo quo locatae fuerunt ab antiquo it a quod in nullo debita servitia minuantur non remittit Gallinam debitam Jacobutius de Franchis in praeludiis ad feudorum usum tit 1. num 29. num 23. v. Maramae singularia verbo Excademia And in the same signification as we say the Fee is escheated the Feudists use feudum aperitur lib. 1. feudal titulo 18. § 2. titul 15. titul 26. § 4. Escheatour Escaetor cometh of Escheat and signifieth an officer that observeth the Escheats of the King in the County whereof he is Eseheatour and certifieth them into the Exchequer This officer is appointed by the L. Treasurer and by Letters Patents from him and contineth in his office but one year neither can any be Escheatour above once in three years anno 1 H. 8. cap. 8. anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace See anno 29 Ed. 1. The form of the Escheatours oath see in the Register original fol. 301. 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 Regist orig fol. 259. b. Escuage Scutagium cometh of the French escu i. clypeus a buckler or shield In our Common law it signifieth a kind of Knights service called service of the Shield whereby the Tenent holding is bound to follow his Lord into the Scotish or Welsh wars at his own charge for the which see Chivalrie But note that Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights service being subject to homage fealty ward and marriage so called because it is uncertain how often a man shall be called to follow his Lord into those wars and again what his charge will be in
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self 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 cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own 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 Chancery directed to the said Justices for the removing of the Inditement into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. jud fol. 81. where you shall find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of the habendum is to limit the estate so that the general implication of the estate which by construction of law 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 general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth where a man hath recovered lands in the Kings Court directed to the Sheriff and commanding him to give him seisin of the land recovered Old nat br fol. 154. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo Fines Sect. 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of lands to the Lord of the Fee after the King hath taken his due of his lands that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
hurried to the Kings Bench if the cause were too high for the County Court They differed from the Justices of Oyer and Terminer because they as is above-said were sent upon some one or few especial cases and to one place whereas the Justices in Eyre were sent through the Provinces and Counties of the land with more indefinite and general Commission as appeareth by Bracton lib. 3. cap. 11 12 13 and Britton cap. 2. And again they seem to differ in this because the Justices of Oyer and Terminer as it is before said were sent uncertainly upon any uproar or other occasion in the countrey but these in Eyre as M. Gwin setteth down in the Preface to his Reading were sent but every seven year once with whom Horn in his mirrour of Justices seemeth to agree lib. 2. cap. queux point estre actourrs c. and lib. 2. cap. des peches criminels c. al suyte de Roy c. and li. 3. ca. de Justices in Eyre where he also declarâ—th 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 fol. 313. b. hath of them these words Justiciarii itinerantes constituti per Henricum secundum i. qui divisit regnum suum in sex partes per quarum singulas tres Justiciarios itinerantes constituit quorum nomina haec sunt c. Justices of Gaol delivery Justiciarii ad Gaolas deliberandas are such as are sent with Commission to hear and determine all causes appertaining to such as for any offence are cast into the Gaol part of whose authority is to punish such as let to Mainprise those prisoners that by law be not baileable by the Statute de finibus cap. 3. Fitz. nat br fol. 151. I. These by likelihood in antient time were sent to Countries upon this several occasion But afterward Justices of Assise were likewise authorised to this anno 4 Ed. 3. cap. 3. Their oath is all one with other of the Kings Justices of either Bench Old Abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of labourers were Justices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or have unreasonable wages See anno 21 Edvardi 3. cap. primo anno 25 ejusd cap. 8. an 31 ejusd cap. 6. Justices of Nisi prius are all one now adayes with Justices of Assises for it is a common Adjournment of a cause in the Gommon Plees to put it off to such a day Nisi prius Justiciarit venerint ad eas parte ad capiendas Assisas and upon this clause of Adjournment they are called Justices of Nisi Prius as well as Justices of Assises by reason of the writ or action that they have to deal in their Commission you may see in Cromptons Jurisdictions fol. 204. yet M. Crompton maketh this difference between them because Justices of Assise have power to give judgement in a cause but Justices of Nisi prius only to take the verdict But in the nature of both their functions this seemeth to be the greatest difference because Justices of Nisi prius have to deal in causes personal as well as real whereas Justices of Assise in strict acception deal only with the possessory writs called Assises Justices of trial baston alià s of trayl baston were a kind of Justices appointed by King Edward the first upon occasion of great disorder grown in the Realm during his absence in the Scotish and French warres they are called in the Old nat brev fol. 52. Justices of trial Baston but by Holynshed and Stow Ed. pri of Trail baston or trailing or drawing the staff as Holynshed saith Their office was to make inquisition through the Realm by the verdict of substantial Juries upon all officers as Maiors Sheriffs Bayliffs Escheators and others touching extortion briberies and other such grievances as intrusions into other mens lands and Barratours that used to take money for beating of men and also of them whom they did beat by means of which inqusitions many were punished by death many by ransome and so the rest flying the Realm the land was quieted and the King gained great riches toward the supporting of his wars Inquire farther of the name Baston is thought by some to be the beam of a pair of Scoales or Weights And this is in this place metaphorically applied to the just peising of recompence for offences committed My poor opinion is that the etymologie of this title or addition groweth from the French Treilles i. cancelli bars or lettises of what thing soever a grate with crosse bars or of the singular Treille i. pargula an house arbour a rail or form such as vines run upon and Baston a staff or pole noting thereby that the Justices imployed in this Commission had authority to proceed without any solemn Judgement Seat in any place either compassed in with railes or made Booth or Tent-wise set up with staves or poets without more work wheresoever they could apprehend the malefactors they sought for See libro Assisarum folio 57.141 Justices of Peace Justiciarii ad pacem are they that are aprointed by the kings Commission with others to attend the peace of the Countie where they dwell of whom some upon special respect are made of the Quorum because some businesse of importance may not be dealt in without the presence or assent of them or one of them Of these it is but folly to write more because they have so many things appertaining to their Office as cannot in few words be comprehended And again Justice Fitzherbert sometime sithence as also Master Lamberd and Master Crompton of late have written Bookes of it to their great commendation and fruitfull benefit of the whole Realm See also Sir Thomas Smith de repub Anglorum lib. 2. cap. 19. They were called Gardians of the Peace until the 36. year of king Edward the third cap. 12. where they be called Justices Lam. Eirenarcha lib. 4. cap. 19. pag. 578. Their oath see also in Lamberd lib. 1. cap. 10. Justices of Peace c. within Liberties Justiciarii ad pacem infra libertates be such in Cities and other Corporate Towns as those others be of any County and their authoritie or power is all one within their several precincts Anno 27 H. 8. cap. 25. Justicies is a Writ directed to the Sheriff for the dispatch of Justice in some especiall cause wherewith of his own authoritie he cannot deal in his County Court lib. 12. cap. 18. whereupon the Writ de Excommunicato deliberando is called a Justicies in the Old nat brev 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 Justicies the Sheriff may hold plee of a great summe whereas of his ordinary authoritie he cannot hold plees but
I find in the Statute for Knights anno prim Ed. 2. cap. prim that such as had twenty pounds in fee or for term of life per annum night be compelled to be Knights Master Stowe in his Annals pag. 285 saith there were found in England at the time of the Conqueror sixty thousand two hundreds and eleven Knights fees others say 60215. whereof the religious Houses before their suppression were possessed of 28015. Knights fee is sometime used for the Rent that a Knight payeâ—h for his fee to his Lord of whom he holdeth And this is an uncertain sum some holding by forty shillings the shield some by twenty shillings as appeareth by Bracton lib. 5. tract prim ca. 2. Knighton gylde was a Gylde in London consisting of ninteen Knights which King Edgar founded giving unto them a portion of void ground lying without the walls of the City now called Portsokenward Stowe in his Annals pag. 151. LA LAborariis is a Writ that lyeth against such as having not whereof to live do refute to serve or for him that refuseth to serve in Summer where he served in Winter Orig. Regist fol. 189 b. Laches commeth of the French Lascher i. laxare or lasche i. frigidus ignavus flaccidus It signifieth in our Common law negligence as no Laches shall be adjudged in the Heir within age Litleton fo 136. and Old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot have an Assise but I must take mine Action upon the Case Lagon see Flotzon Laisedlists an 1 R. 3. ca. 8. Land tenent anno 14 Edw. 3. stat 1. ca. 3. anno 23 ejusdem cap. 1. 26. ejusdem stat 5. cap. 2. See Terre-tenent anno 12 R. 2. ca. 4. an 4 H. 4. c. 8. It is joyned with this word Possessor as Synonymon v. anno 1 H. 6. ca. 5. See Terretenant Lants de crescentia Walliae traducexdis absque custuma c. is a Writ that lyeth to the Customer of a Port for the permitting one to passe over Woolls without Custome because he hath paid Custome in Wales before Register fol. 279. Lapse Lapsus is a slip or departure of a right of Presenting to a void Benefice from the original Patron neglecting to present within six months unto the Ordinary For we say that Benefice is in lapse or lapsed whereunto he that ought to present hath omitted or slipped his opportunity anno 13 Elizab cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance as privy except only upon the Resignation of the former Incumbent or the Deprivation upon my cause comprehended in the Statute anno 13 Eliz. cap. 12. Panor in ca. quia diversitatem num 7. de concess praebend Rebuffus de devolut in praxi benesiciorum Lancelotus de collation lib. 1. Institut Canon § Tempus autem In which Cases the Bishop ought to give notice â—o the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Sym. titulo Inditements to be theft of personal goods or chattells in the Owners absence and in respect of the thing stolne it is either great or small Great Larcenny is wherein the things stoln though severally exceed the value of 12 d. and Petit Larceny is when the goods stoln exceed not the value of 12 d. hitherto M. West But he differeth from Bracton lib. 3. tract 2. cap. 32. nu 1. Of this see more in Stawnf pl. cor li. 1. cap. 15 16 17 18 19. Laghslâ—te is compounded of lah i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb. explication of Saxon words verbo Mulcta Last is a Saxon word signifying a burden in general as also particularly a certain weight for as we say a last of Hering so they say Ein last cornes last wines c. chence commeth Lastage which see in Lestage A Last of Hering containeth ten thousand anno 31. Ed. 3. stat 2. cap. 2. A Last of â—itch and tar or of ashes containeth 14 parrells anno 32 H. 8. cap. 14. A Last of hides anno 1 Jac. ca. 33. containeth 12 dozen of hides or skins Latitat is the name of a Writ whereby all men in personal actions are called originally to the Kings Bench Fitz. natura brevium fol. 78. M. And it hath the name from this because in respect of their better expedition a man is supposed to lurk and therefore being served with this writ he must put in security for his appearance at the â—ay for latitare est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes l. Eulcinius § Quid sit latitare Ï€. Quibus ex eausis in possessionem eatur But to understand the true original of this Writ it is to be known â—hat in ancient time whilest the Kings Bench was moveable and followed the Court of the King the Custom was when any man was to â—e sued to send forth a Writ to the Sheriff of â—â—e County where the Court lay for the calling â—im in and if the Sheriff returned Non est inventus in Baliva nostra c. then was there a second Writ procured forth that had these words Testatum est â—um latitare c. and thereby the Sheriff willeth to attach him in any other place where he might be found Now when the tribunal 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 Sheriff of Middlesex to summon the party and if he could not be found there then next to apprehend him wheresoever But this seeming too troublesome for the Subject it was at last devised to put both these wits into one and so originally to attach the party complained of upon a supposall or fiction that he was not within the County of Middlesex but lurking elsewhere and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a Writ directed the Sheriff 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 custody when he is then by reason he is in the same County where the Kings Bench is he may be sued upon 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 have been informed that the bringing of these Actions of Trespass so ordinarily to the Kings Bench was an invention of Councellors that because only Sergeants may come to the Common Pleas Bar found a means to set themselves on work in that Court The form of this Writ is such Jacobus Dei gratia Angliae Franciae Scotiae Hibernia Rex fidei defonsor c. Vicecomisi Cantabridgiae salutem
at least the remedy for the same is likest there to be had by some sodain inrode and happing of such recompence of the injury received as may most conveniently be lighted upon See Reprisalls See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifying originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertum est nisi quod Gothicum vocabilum putamus And afterwards thus Hujusmodi Marchionum sive ut nos appellamus Margraphiorum origo in limitaneos praepositos sive duces referenda Margraphii dicti quòd limitibus quos vulgo marken appellamus graphii td est praepositi fuerunt c. For in those Territories that have naturally no bounds of great strength or defence there is need of wise and stout men toward their borders for the keeping out of Neighbour enemies But here in England though we have a L. Warden of the Marches northward and a Warden of the Cinque Ports toward the South-east and were wont to have Lord Marchers between us and Wales that served this turn yet those which we call Marquises are Lords of more dignity without any such charge and are in honor and account next unto Dukes At this day I know but one in England and that is the Marques of Winchester being of that noble family of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a Lawyer of great account that lived in Henry the seventh this daies whose learned Readings are extant but not in print Lambert Eirenarch lib. 1. cap. 1. Marterns see Furre Master of the Rolls Magistri rotulorum is an Assistant unto the Lord Chancellour of England in the High Court of Chancery and in absence heareth Causes there and giveth Orders Cromptons Jurisdiction fol. 41. His Title in his Patent as I have heard is Clericus parvae bagae Custos rotulorum domus conversorum This Domus conversorum is the place where the Rolls are kept so called because the Jews in ancient time as there were any of them brought to Christianity were bestowed in that House seperately from the rest of their Nation But his office seemeth originally to have sprung from the safe keeping of the Rolls or Records of Indictments passed in the Kings Courts and many other things He is called Clark of the Rolls anno 12 Rich. 2. cap. 2. and in Fortescue his Book cap. 24. and no where Master of the Rolls untill anno 11 H. 7. cap. 20. and yet an 11. ejusdem cap. 25. he is also called Clark In which respect Sir Thomas Smith l. 2. cap. 10. de Repub Angl. well saith That he might not unfitly be called Custos Archivorum He seemeth to have the bestowing of the offices of the six Clarks anno 14 15 Henry the eight cap. 1. Master of the Mint an 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 Liveries is the chief principal officer of the Court of Wards and Liveries named and assigned by the King to whose Custody the Seal of the Court is committed He at the entring upon his office taketh an oath before the Lord Chancellor of England well and truly to serve the King in his Office to minister equal Justice to rich and poor to the best of his cunning wit and power diligently to procure all things which may honestly and justly be to the Kings advantage and profit and to the augmentation of the rights and Prerogative of the Crown truly to use the Kings Seal appointed to his Office to endeavour to the uttermost of his power to see the King justly answered of all such profits rents revenues and issues as shall yearly rise grow or be due to the King in his Office from time to time to deliver with speed such as have to do before him not to take or receive of any person any gift or reward in any Case or matter depending before him or wherein the King shall be party wherby any prejudice losse hinderance or disherison shall be or grow to the King an 33 H. 8. cap. 33. Master of the Horse is he that hath the rule and charge of the Kings stable being an Office of high account and alwaies bestowed upon some Noblemen both valiant and wise This Officer under the Emperors of Rome was called Comes sacri stabuli The master of the Horse is mentioned anno 39 Eliz. ca. 7. and an 1 Edw. 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 provide Post horse for the speedy passing of the K. messages other businesses in the thorow-fair towns where they dwel as also to see that they keep a certain number of convenient Horses of their own and when occasion is that they provide others therewith to furnish such as have warrant from him to take Post-horses either from or to the Seas or other borders or places within the Realm He likewise hath the care to pay them their wages and make their allowance accordingly as he shall think meet This Officer is mentioned an 2 E. 6. cap. 3. Master of the Armoury is he that hath the care and oversight of his Majesties Armour for his person or Horses or any other provision or store thereof in any standing Armouries with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39 Elizabeth cap. 7. Master of the Jewel-house is an Officer in the Kings houshold of great credit being allowed bouge of Court that is dyet for himself and the inferiour Officers viz. Clarks of the Jewel-house and a special lodging or Chamber in Court having charge of all plate of Gold of Silver double or parcel guilt used or occupied for the Kings or Queens board or to any Officer of account attendant in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Mention is made of this Officer an 39 Eliz. c. 7. Master of the Kings Houshold magister hospitii is in his just Title called Grant master of the Kings Houshold and beareth the same Office that he did that was wont to be called Lord Steward of the Kings most honourable Houshold anno 32 Henry 8. cap. 39. Whereby it appeareth that the name of this Officer was then changed and Charles Duke of Suffolk President of the Kings Councel then enjoying that office was so to be called ever after so long as he should possess that office Master of the Ordinance anno 39 Eliz. ca. 7. is a great officer to whose care all the Kings Ordinance and Artillery is committed being some great man of the Realm and expert in marshal affairs Master of the Chancery Magister Cancellariae is an assistant
in Chancery to the L. Chancellor or L. Keeper of the Broad Seal in matters of Judgment Of these there be some ordinary and some extraordinary of ordinary there be twelve in number whereof some sit in Court every day throughout each Term and have committed unto them at the Lord Chancellors discretion the interlocutory report and sometimes the final determination of causes there depending Master of the Kings Musters is a Martial Officer in all royal armies most necessary as well for the maintaining of the Forces compleat well armed and trained as also for prevention of such frands as otherwise may exceedingly waste the Princes Treasure and extremely weaken the Forces He hath the oversight of all the Captains and Bands and ought to have at the beginning delivered unto him by the Lord General perfect Lists and Rolls of all the forces both horse and foot Officers c. with the rates of their allowances signed by the Lord General for his direction and discharge in signifying warrants for their full pay This Officer is mentioned in the Statute anno 2 Edw. 6. cap. 2. and Muster master general anno 35 Eliz. cap. 4. who so desireth to read more of him let him have recourse to Master Digs his Stratioticos Master of the Wardrobe magister garderobae is a great and principal Officer in Court having his habitation and dwelling house belonging to that Office called the Wardrobe near Puddle wharfe in London He hath the charge and custody of all former Kings and Queens ancient robes remaining in the Tower of London and all Hangings of Arras Tapestrie or the like for his Majesties houses with the bedding remaining in standing Wardrobes as Hampton Court Richmond c. He hath also the charging and delivering out of all either Velvet or Scarlet allowed for Liveries to any of his Majesties Servants of the Privy Chamber or others Mention is made of this Officer anno 39 Elizab. cap. 7. Matterin deed and matter of record are said to differ Old nat brev fol. 19. where matter in deed seemeth to be nothing elle but a truth to be proved though not by any Record and matter of Record is that which may be proved by some Record For example if a man be sued to an exigent during the time he was in the Kings warrs this is matter in deed and not matter of record And therefore saith the book he that will allege this for himself must come before the Scire facias for execution be awarded against him For after that nothing will serve but matter of Record that is some errour in the processe appearing upon the Record Kitchin fol. 216. maketh also a difference between matter of Record and a specialty and nude matter where he saith that nude matter is not of so high nature as either a matter of Record or a specialty otherwise there called matter in deed which maketh mee to think that nude matter is a naked allegation of a thing done to be proved only by witnesses and not either by Record or other specialtie in writing under Seal Maugre is shuffled up of two French words Mal and Gre i. animo iniquo it signifieth with us as much as in despight or in desof ones teeth as the wife maugre the husband Litleton fol. 124. that is whether the husband will or not ME Meane Medius signifieth the middle between two extreams and that either in time or dignity Example of the first his action was mean betwixt the disseisin made to him his recovery 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 find in Cassanaeus de consuet Burgund pag. 1195. and interpreted by him Mansus what Mansus is see Mansion it signifieth house Kitch fol. 239. and Fitz. nat br fo 2. C. See Mesuage Medlefe Cromptons Justice of peace fol. 193. is that which Bracton calleth medletum li. 3. tract 2. cap. 35. It seemeth to signifie quarrels scuffling or brawling and to be derived from the French mesler i. miscere turbare Meere Merus though an Adjective yet is it used for a Substantive signifying meere right Old nat br fol. 2. in these words And know yee that this Writ hath but two issues that is to say joyning the mise upon the meere And that is to put himself in the great assise of our Sovereign Lord the King or to joyn battel See Mise Mesurement See Admesurement Medietas linguae signineth an enquest empaneled upon any cause whereof the one half consisteth of Denizens the other of Stranggers It is called in English the half tongue and is used in Plees wherein the one party is a Stranger the other a Denizen See the Stat. an 28. Ed. 3. cap. 13. an 27. ejusdem stat 2. c. 8. commonly called the Statute of the Staple et an 8. H. 6. cap. 29. et anno 2 H. 5. cap. 3. anno 11 H. 7.21 anno 1. 2. Phil. et Mar. cap. 8. And before the first of these Statutes was made this was wont to be obtained of the King by grant made to any company of Strangers as Lombards Almaines c. Stawnford pl. cor lib. 3. cap. 7. Medio acquietando is a writ judicial to destrain a Lord for the acquitting of a mean Lord from a rent which he formerly acknowledgeth in Court not to belong unto him Register judicial fol. 29. b. Melius inquirendo is a writ that lieth for a second inquiry as what lands and tenements a man died seised of where partiall dealing is suspected upon the writ Diem clausit extremum Fitz. nat br fol. 255. Merchenlage was one of the 3. sorts of laws out of which the Conq. framed Laws unto us mingled with those of Normandie Camd. Brit. p. 94. who also p. 103. sheweth that in the yeer of our Lord 1016. this land was divided into three parts whereof the West Saxons had one governing it by the Laws called West Saxon Laws and that conteined these nine Shires Kent Southsex Southrey Barkeshire Hampshire Wiltshire Somerset Dorset and Devonshire The second by the Danes which was governed by the Laws called Denelage and that conteined these fifteen Shires York Darby Nottingham Liecester Lincolne Northampton Bedford Buckingham Hartford Essex Middlesex Northf Southf Cambridge Huntington The Third was ponessed and governed by the Mercians whose Law was called Merchenlage which were these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford See Law Mercy Miserecordia signifieth the arbitrement or descretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grievous mercie of the King anno 11 H. 6. cap. 6. is to be in hazard of a great penalty See Misericordia Measondue domus Dei cometh of the French maison de dieu by which names divers Hospitals are named You find the word anno 2 3. Philip et Mar. cap. 23. in fine
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and 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 Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom 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 enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
nonage and is in that respect allowed by law to deal for him in the managing his affairs as to be his Guardian if he hold of any in socage and in the redresse of any wrong done unto him be it by his Guardian if he be ward and hold in Chivalry or any others Stat. West pri cap. 48. 3 Ed. pri and Westm 2. cap. 15. anno 13 Ed. pri Profe alià s Prove is used for an Enquest anno 28 Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publickly given of any thing whereof the King thinketh good to advertise his subjects So it is used anno 7 Rich. 2. cap. 6. Proclamation of rebellion is a publick notice given by the officer that a man not appearing upon a Subpoena nor an attachment in the Starchamber or Chancery shall be reputed a rebel except he render himself by a day assigned Cromptons jurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notize openly and solemnly given at all the Assises that shall be holden in the County within one year after the ingrossing of the fine and not at the four general quarter sessions And these Proclamations be made upon transcripts of the fine sent by the Iustices of the common plees to the Iustices of Assise and the Iustices of peace West part 2. symbo titulo Fines sect 132. where also you may see the form of the Proclamation Proclamare est palam et valde clamare used by Tully Livie and the Civilian Ï€. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causamagit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamaâ—orem aut rebulam hoc sermone conquirimus c. I read in Fitz. nat br fol. 85 C. that the Kings proclamation is sufficient to stay a subject from going out of the Realm See the force of proclamations in an 31 H. 8. c. 8. see also proclamations in divers cases New book of Entries verb. Proclamations Proctors of the Clergy procuratores cleri are those which are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Dioces at the Parliament whose choise is in this sort First the King directeth his writ to the Arch-bishop of each Province for the summoning of all Bishops Deans Arch-deacons cathedral and collegiat churches and generally of all the Clergy of his Province after their best discretion and judgement assigning them the time and place in the said writ Then the Arch-bishops proceed in their accustomed course One example may serve to shew both The Arch-bishop of Canterbury upon his writ received directeth his letters to the Bishop of London as his Dean provincial 1 sect statuimus de poenis verb. tauquam in glos first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Arch-deacons cathedral and collegiate churches and generally all the Clergy of his Province to the place and against the day prefixed in the writ But directeth withall that one Proctor sent for every cathedral or collegiate Church and two for the body of the inferiour Clergy of each Dioces may suffice And by vertue of these Letters authentically sealed the said Bishop of London directeth his like Letters severally to the Bishop of every Diocesse of the Province citing them in like sort and commanding them not only to appear but also to admonish the said Deans and Arch-deacons personally to appear and the Cathedrall and collegiat Churches as also the common clergy 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 every so monished by them in a Shedule annexed to their Letters certificatory The Bishops proceed accordingly and the Cathedrall and collegiat Churches as also the Clergy make choise of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These Proctors of the Clergy howsoever the case of late daies is altered had place and suffrage in the lower house of Parliament as well as the Knights Citizens Barons of the Cinque ports and Burgesses For so it plainly appeareth by the statute anno 21 R. 2. cap. 2. cap. 12. And sithence they were removed the Church hath daily grown weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is used for him that gathereth the fruit of the benefice for another man anno 3 R. 2. stat 1. cap. 2. And procuracy is used for the specialty 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 Shyreves and other officers in the Exchequer which is twice in the year anno 51. H. 3. statute quins And it may be gathered also out of the Regist fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I read also of profers anno 32 H. 8. cap. 21. in these words Trinity term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the essoynes profers returns and other ceremonies heretofore used and kept In which place profer seemeth to signfie the offer or indeavour to proceed in action by any man whom it concerneth so to do See Britton cap. 2. fol. 50. b. 55. a. fol. 80. b. and Fleta lib. 1. cap. 38. sect Utlagati et seq Profer the half mark See Half mark Profession professio is in the Common law used particularly for the entring into any religious Order of Friers c. New book of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any Court either spiritual or secular to proceed in any cause there depending upon suggestion that the cognition thereof belongeth not to the said Court Fitz. nat br fol. 39. G. but is most usually taken especially in these daies for that writ which lyeth for one that is impleaded in the Court Christian for a cause belonging to the temporal jurisdiction or the cognisance of the Kings court whereby as well the party and his Councel as the Iudge himself and the Register or forbidden to proceed any farther in that cause for that it appertaineth to the dis-inheritage to the Crown of such right as belongeth unto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol 93. seq This writ and the praemunire might in these daies well be spared for they were helps to the Kings inheritance and Crown when the two swords were in two divers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weary the subject by many quirks and delays from obtaining his
be impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffice to make a Record in the Exchequer The next how many in an assise c. I find not that we in our Courts especially the Kings Courts stand much upon the numbers of Recorders or witnesses for the strength of the testimony 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. Bretton in the Proeme of his book saith that the Iustices of the Kings Bench have a Record the Coroner Vicounr Iustices of the Exchequer Iustices of the Gaol delivery the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings letters patents in those causes they have Commission to take knowledge of All which as I take it must be understood with that caveat of Brook titulo Record num 20. 22. that an act committed to writing in any of the Kings Courts during the term wherein it is written is alterable and no record but that term once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proof to the contrary Yet see Sir Edward Cooks Reports lib. 4. Rawlius case fol. 52. b. anno 12 Ed. 2. cap. 4. It is said that two Iustices of either Bench have power to record Non-sutes and defaults in the Country It appeareth by Bracton lib. 5. tract 2. cap. 1. et 11. that quatuor milites habent recordum being sent to view a party essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Serviens Hundredi habet recordum in testimonio proborum hominum And in the Statute of Carleil made anno 15 Ed 2. it is said that one Iustice of either Bench with an Abbot or Prior or a Knight or a man of good fame or credence hath a record in the view of one that is said by reason of sickness to be unable to appear personally for the passing of a fine And anno 13 H. 4. cap. 7. et anno 2 H. 5. cap. 3. that two Iustices of peace with the◠Shyreeve or Under-shyreeve have power to record what they find done by any in a ryot or rout c. That which is before mentioned out of Briton touching the Shyreeve seemeth to be limited by Fitzh nat br fol. 81. D. Who alloweth him a record in such matters only as he is commanded to execute by the Kings Writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheator and Shyreeve be not Iustices of record but officers of record In which words he signifieth that their testimony is authentical only in some certain things that are expresly injoyned them by vertue of their Commission as Ministers to the King in his higher Courts whereas Iustices of record have in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commanded Fitzh in his Nat. br fol. 82. in principio something explaineth this point writing to this effect Every act that the shyreeve doth by vertue of his commission ought to be taken as matter of Record no lesse than the Justices of peace His reasons be two the former because his patent is of record the other because he is a conservatour 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. cao 3. anno 13 Ed 1. But it seemeth by Briton cap. 27. that it is only in these causes whereof the shyreeve holdeth plee by especial writ and not those that he holdeth of course or custome And in that case also it may be gathered out of the same Author that he hath a record but with the testimony of those annexed that be suters to the Court. Which seemeth to agree with Bractons words above specified Scrviens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanvile l. 8. c. 8 9 et 10. One Iustice upon view of forcible detinue of land may record the same by statute anno 15 R. 2. cap. 2. the Maior and Constables of the staple have power to record recognisances of debt taken before them anno 10 H. ◠ca. 1. Brook titulo Record seemeth to say that no Court ecclesiastical is of record how truly it is to be inquired For Bishops certifying bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a divorse a spiritual intrusion or whether a man be professed in any religion with other such like are credited without farther enquiry or controlment See Brook titulo Bastardy See Fleta lib 6. cap. 39 40 41 42. Lamb. Eirenarcha lib. pri cap. 13. Glanvile lib. 7. cap. 14 et 15. the Register original fol. 5. b. Bracton lib. 5. tractat 5. cap. 20. nu 5. Briton cap. 92 94 106 107 109. Doct. and Stud. lib. 2. cap. 5 but especially Cosius apology parte pri cap. 2. And a testament shewed under the seal of the Ordinary is not traversable 36 H. 6.31 Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference between that law whereby the court Christian is most ordered and the Common law of this Land For by the Civil or Canon law no instrument or record is held so firm but that it may be checked by witnesses able to depose it to be untrue Co. plus valere quod agitur quà m quod simulate concipitur ca. cum Johannes 10. extra de fide instrumentorum Whereas in our Common law against a record of the Kings court after the term wherein it is made no witnesse can prevail Briton cap. 109. Coke lib. 4. Hinds case fol. 71. lib. assisarum fol 227. nota 21. This reconciliation may be justified by Brook himself titulo Testaments num 4.8 14. and by Glanvile lib. 8. cap. 8. The King may make a Court of record by his grant Glanvile lib. 8. cap. 8. Briton cap. 121. as for example Queen Elizabeth of worthy memory by her Charter dated 26 Aprilis anno 3. regni sui made the Consistoty court of the University of Cambridge a court of record There are reckoned among our common Lawyers three sorts of Records viz. A record judicial as attainder c. A record ministerial upon oath as an office found A record made by conveyance by consent as a fine deed inrolled or such like Coke lib. 4. Andrew Ognels case fol. 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeve to remove a cause depending in an inferiour court to the Kings bench or common plees as out of a court of antient Demeasn Hundred or County Fitz. nat br fol. 71. B. out of the county court idem fol.
stand as a Law for ever furthermore if the Chancellor or other Iudge or Officer could not well approve that the delay of Iustice complained of grew from just difficultie by reason that the case in question was formerly determined by Law or statute then might the Steward on the Kings behalf admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parliament was wont to remove him and assign another of better hope to the place Lastly if the King had about him any such evill Councellor as advised him to this unjust or unanswerable to his Majesty as tending either to the disherison of the Crown publick hurt or destruction of the Subject The office of the Steward was taking to him the Constable and other great men with some of the Commons and giving notice to the King of their intention to send to that Counsellor and will him to desist from misleading the King yea if need so required to charge him to stay no longer about him but to depart from the Court which if hee neglected to perform then they might send to the King and with him to remove him and if the King refused then they might take him as a publick enemy to the King and Realm seise on his goods and possessions and commit his body to safe custody untill the next Parliament there to be judged by the whole Kingdome Examples are brought of Godwin Earl of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earl of the same County in the reign of Henry the third and of Peter Gaveston in Edward the seconds dayes But experience as I said hath found this Officer more dangerous then profitable and therefore hath time taught though not wholy to suppresse him yet to limit him to particular occasion and to restrain his power Then is there the Steward of the Kings most honourable houshold anno 24 Hen. 8. cap. 13. whose name is changed to the name of great Master anno 32. ejusdem cap. 39. But this statute was repealed by anno prim Mar. 2. Parlam cap. 4. and the office of the Lord Steward of the Kings houshold revived where you may at large read divers things touching his Office As also in Fitz. nat br f. 241. B. Of this Officers antient power read Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33 Hen. 8. cap. 12. To be short this word is of so great diversity that there is not a Corporation of any accompt or house of any honour almost through the Realm but it hath an Officer toward it of this name A Steward of a manor or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienate It signifieth in our Language generally a man born out of the Land or unknown but in the Law it hath an especiall signification for him that is not privie or a party to an act as a Stanger to a judgement old nat brev fol. 128. is he to whom a ludgement doth not belong and in this signification it is directly contrary to partie or privie See Privie Submarshall submarescallus is an Officer in the Marshal-sea that is Deputy to the chief Marshall of the Kings house commonly called the Knight Marshal and hath the custody of the prisoners there Crompt Jurisd fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chancery upon such case only as the Common law faileth in and hath not provided for so as the partie who in equity hath wrong can have none ordinary remedy by the rules and course of the Common-law West part 2. symbol titulo Proceedings in Chancery Sect. 18. where you may read 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 Chancery as in other Courts And the name of both these proceed from words in the writ which charge the party called to appear at the day and place assigned Sub poena centum librarum c. I find mention of a common Sub poena in Cromptons Jurisd fol. 33. which signifieth nothing else but such a Sub poena as every common person is called by into the Chancery whereas any Lord of Parliament is called by the Lord Chancelors letters giving him notice of the sute intended against him and requiring him to appear Crompton cedem Subsidie Subsidium commeth of the French Subside signifying a tax or tribute assessed by Parlament and granted by the Commons to be levied of every subject according to the value of his Land or Goods after the rate of four Shillings in the pound for Land and two Shillings eight pence for Goods as it is most commonly used at this day Some hold opinion that this Subsidy is granted by the Subject to the Prince in recompence or consideration that whereas the Prince of his absolute power might make Laws of himself he doth of favour admit the consent of his Subjects therein that all thing in their own confession may be done with the greatest indifferency The manner of assessing every mans Lands or Goods is this First there issueth a Commission out of the Chancery to some man of honour or worship in every County by vertue thereof to call unto them the Head constables or Bailiff of every Hundred and by them the Constable and three or four of the substantiallest housholders in every Town within their Hundred at a day certain which men so called or so many of them as the commissioners think good to use do rate the Inhabitants of their own Town in such reasonable manner as they find meet yet by the discretion of the said Commissioners And then every man after his value set down must at his time pay to the Collector appointed after the rate aforesaid yet in antient time these subsidies seem to have been granted both for other causes as in respect of the Kings great travail and expences in wars or his great favours towards his subjects as also in other manner than now they be as every ninth Lambe every ninth Fleece and every ninth Sheaf anno 14 E. 3. stat pri cap. 20. And of these you may see great variety in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certain rate but even as the two houses shall think good to conclude Subsidy is in the statute of the Land sometime confounded with custome anno 11 H. 4. cap. 7. See Benevolence Surety of peace securit as 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 lib. 2. cap. 2. pag. 77. This
vel plura Hundreda solebant trithinga vocari quod in trithing is non poterant diffiniri in Shiram 1. in Comitatum deferebatur terminandum Modernis autem temporibus pro uuo et eodem habentur apud howines Hundreda Wapentakia Trithinga Learn whether those divisions in York-shire called ridings be not quasi trithings Of this Roger Hoveden parte poster suornmannal fol. 346. b. hath the same words in effect Treswell of double soled shooes anno 2 3 Edw. 6. cap. 9. which as I have heard should rather be written Creswel signifying the broad edge or verge of the shooe-sole round about Trinity house is a certain house at Debtford which belongeth to a Company or Corporation of Sea-faring men that have power by the Kings Charter to take knowledge of those that destroy Sea-marks and to redresse their doings as also to correct the faults of Saylors c. and to take care of divers other things belonging to Navigation and the Seas v. anno 8 Elizabeth cap. 13. anno 35 ejusdem cap. 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 panel or any of the panel be just yea or not Brook titulo Challenge fol. 122. and Old nat br fol. 158. Tritis aliâs Tristis is an immunity from that attendance in the Forest whereby every man dwelling in the Forest is tyed to be ready holding of a Grey-hound when the Lord of the Forest is disposed to chase within his Forest at such place as he shall be appointed or else to be amerced for his default Manwood parte pri of his Forest laws pag. 86. and Cromptons Jurisd fol. 192. 197. Tronage Tronagium is a kind of toll Westm 2. cap. 25. anno 13 Ed. 1. taken as it seemeth for weighing For I find in Fleta lib. 2. cap. 12. sect Item ulnas that trona is a beam to weigh with See Weight Trover commeth of the French Trouver i. Invenire It signifieth in our Common law an action which a man hath against one that having found any of his goods resuseth to deliver them upon demand See the new book of Entries verb. Trover Troy weight Pondus Trojae See Weight TU Tumbrell Tumbrellum is an engine of punishment which ought to be in every liberty that hath view of Frank pledge for the correction of Scolds and unquiet women Kitchin fol. 13. a. New book of Entries Franchis 2. Quo warranto 1. See Cucking stool Tun is a measure of Oyl or Wine containing twelve score and twelve Gallons anno 1 Rich. 3. cap. 12. that is four Hogsheads Tunnage See Tonnage Turbary Turbaria is an Interest to dig Turves upon a Common Kitchin fol. 94. Old natura brevium fol. 70. It commeth of the rude Latin word Turba which is used for a Turf Lynd. in provin de decimis cap. finali Turmerick Turmerica is a certain root of an herb growing in Arabia as I have been informed very wholsome for divers diseases in horses and sometime used for a man also in case of Jaundies It is reckoned among the garbeable drugs anno 1 Jac. ca. 19. Turn Turnum is the Sheriffs Court kept every year twice once after Easter and again after Michaelmas Magna Charta caput 35. and within one Month after each Feast anno 3 Ed. 3. cap. 15. from this Court are exempted only Arch-bishops Bishops Abbots Priors Earls Barons all religious men and women and all such as have Hundreds of their own to be kept And these are not bound to appear there except their apparence be especially required upon some extraordinary cause anno 25 Hen. 3. ca. 10. and Briton ca. 29. It seemeth to be called the Sheriffs turn of the French word Tour i. ambitus circuitus vicissitudo and is of Briton called Tour cap. 61. sub fine capitis as if we would say The Sheriff his course for as Briton noteth in the said twenty ninth Chapter that which before the Sheriff is called the Sheriff◠Turn is called in the Court of Franchises and Hundreds the view of Frank-pledge wherein inquiry is especially made of such as be not in any Dozin with whom Fleta agreeth And by Fleta it appeareth that this Turn was the Sheriffs course to keep his Court in every Hundred l. 2. ca. 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 Sheriff had his course or Turn to do the like at these two several seaseasons That if there were any defects in them it might he redressed in these and Gods peace and the Kings so much the more carefully observed This as Master Lamberd saith was of old called also the Sheriffs moot l. 4. ca 4. In this Court as Briton saith ubi supra the Sheriff causeth to be found out twelve of the most sage loyal and sufficient men of all the Hundred for he kept his turn twice every year in each Hundred Magna Charta cap. 35. Briton ubi supra whom he charged upon their Oaths to present the truth touching the articles ministred unto them and set down by Briton in the same Chapter This done he put all other to their oaths according to their dozins and villages truly to present unto the former twelve all things concerning such articles as by them they should be asked of But sithence the Hundred Courts are all called to the County by the statute anno 14 Ed. 3. cap. 3. Statut. pri these Turns be likewise kept in one chief place of every shire and not severally in every Hundred as before they were Of this you may read more in Briton or in Cromptons Jurisd fol. 230. and in the Mirour of Iustices lib. pri cap. de Turns Turney Turneamentum cometh of the French Tourney i. Decursorium It signifieth a Mattial exercise of Knights or soldiers fighting one with another in disport and is thus defined ca. felicis Extra de Torneamentis Torneamenta dicuntar Nandinae vel feriae in quibui milites ex condicto convenire adostentationem virium suarum audaciae temerè congredis olent This word is used in the statute anno 24 Hen. octa cap. 13. and as I have heard it signifieth with us in England those combats that are made with arming swords on Horse-back And I think the reason of the name to proceed from the French Tourner i. vertere because it consisteth much in agility both of horse and man Turno vicecomitum is a writ that lyeth for those that are called to the Sheriffs turn out of their own Hundred Register orig fol. 174. Tuain nithes gest hospes duarum noctium Roger Hoveden parte poster suorum annalium fol. 345. b. who if he did harm to any his hoste was not answerable for it but himself See Thridinithes hawan man Twelve men Duodecim homines legales is a number of 12 persons or
classis as appeareth by Tully in Verrem 7. but his Authority was not continual as the Admirals in these day but only in time of War Neither do I find any such Officer belonging to the Emperors in our Code And M. Gwin in the Preface to his reading is of opinion that this Office in England was not created untill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his Book taking upon him to name all the Courts of Justice maketh no mention of this Court or Magistrate And again Richard the second finding the Admiral to extend his Jurisdictions over far ordained by Statute made the 10 year of his Reign that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies whereby the said Master Gwin conjectureth that he did nought else but reduce him to his original But contrarily to this it appeareth by antient Records the Copies wherof I have seen that not only in the daies of Edward the first but also of King John all causes of Merchants and Mariners and things happening within the Flood-mark were ever tryed before the Lord Admiral Ad jura Regis is a Writ for the Kings Clark against him that seeketh to eject him to the prejudice of the Kings Title in the right of his Crown Of this you may see divers forms upon divers Cases Register orig fo 61. a. Admittendo clerico is a Writ granted to him that hath recovered his right of presentation against the Bishop in the Common-bank the form whereof read in Fitzh nat br fol. 38. and the Register orig fol. 33. a. Admittendo in socium is a Writ for the association of certain Persons to Justices 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 grant a Fair or Market or a Mortmain for any Lands intended to be given in Fee-simple to any House of Religion or other body politick For in that Case the Land so given is said to fall into a dead hand that is Such an estate and condition that the chief Lords do leese all hope of Heriots service of Court and escheats upon any traiterous or felonious Offence committed by the Tenant For a body politick dieth not neither can perform personal service or commit Treason or Felony as a single Person may And therefore it is reasonable that before any such Grant be made it should be known what prejudice it is like to work to the Granter Of this read more in Fitzh nat brev folio 221. and look Mortmain Ad terminum qui praeteriit is a Writ of Entry that lyeth in case where a man having leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenent or other Stranger that occupieth the same and deforceth the Leasour Which Writ belongeth to the Leasour and his Heir also Fitzh nat br fol. 201. Advent adventus is a certain space of time comprising a Month or thereabouts next before the Feast of Christs Nativity Wherein it seemeth that our Ancestors reposed a kind of Reverence for the neerness of that solemn Feast so that all contentions in Law were then remitted for a season Whereupon there was a Statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said usual solemnity and time of rest it might be lawfull in respect Justice and Charity which ought at all times to be regarded to take Assises of novel disseisin mort d'auncester and darrein presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof unto the end of the Octaves of the Epiphany the solemnizing of Mariages were forbidden by reason of a certain spiritual joy that the Church and so consequently every Member thereof for that time doth or ought to conceive in the remembrance of her Spouse Christ Jesus and so abandon all affections of the flesh See Rogation week and Septuagesima Advocatione decimarum is a Writ that lyeth for the claim of the fourth part or upward of the Tithes 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 justifie or maintain an Act formerly done For example one taketh a distress for rent or other thing and he that is distreined sueth a Replevin Now he that took the Distress or to whose use the Distress was taken by another justifying or maintaining the Act is said to avow Terms of the Law Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton useth the Latine word in the same signification as advocatio disseifinae li. 4. cap. 26. And I find in Cassanaeus de consuet Burg. pag. 1210. advohare in the same signification and pag. 1213. the Substantive desavohamentum for a disavowing or refusal to avow Advowzen advocatio signifieth in our Common-law a right to present a benefice as much as jus patronatus in the Canon-law The reason why it is so termed proceedeth from this Because they that originally obtained the right of presenting to any Church were Maintainers and Upholders or great Benefactors to that Church either by building or increasing it and are thereupon termed sometime Patroni sometime Advocati cap. 4. cap. 23. de jure Patronatus in Decretal And advowzen being a bastardly French word is used for the right of presenting as appeareth by the Statute of Westm the second anno 13 Edw. 1. ca. 5. Advowzen is of twosorts advowzen in grosse that is sole or principal not adhering or belonging to any Manor as parcel of the right thereof advowzen dependant which dependeth upon a Manor as appertinent unto it termed of Kitchin an incident that may be separated from the Subject Of this M. John Skene de verbo sig hath these words dicitur advocatio Ecclesiae vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam asserit se in eadem habere jus Patronatus eamque esse sui quasi clientis loco vel potiùs cùm aliquis nempe patronus advocat alium jure suo ad Ecclesiam vacantem cumque loco alterius veluti defuncti praesentat quasi exhibet See Advowè next following Advowè alias avowè advocatus is used for him that hath right to present to a benefice Anno 25 Ed. 3. stat 5. ca. unico There have you also Advowe paramount which is as much as the highest Patron and is spoken of the King Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae ut ad Ecclesiam nomine proprio non alieno possit praesentare Fleta l. 5. ca. 14. § 1. Fitzh in his nat br fol. 39. useth it in
life anno 1. Ed. 2. stat 1. and also enableth him to contract and to deal by himself in all lawful causes appertaining unto his estate Which until that time he cannot with the security of those that deal with him This the Lomberds lettle at 18. years as appeareth by Hotemans disputations in libros feudorum l. 2. c. 53. ver decimo octavo anno Which power the Romans permitted not usque ad plenam maturitatem and that they limitted at 25. years lib. 1 in fine Ï€. de major 25. ann l. fin Co. de Legit. tit in principio titulo de curat in Institut The age of twelve yeares bindeth to appearance before the Sheriff Coroner for enquirie after Robberies ann 52. H. 3. cap. 24. The age of 14. yeers enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minority having an action brought against him for lands comming to him by descent that the action may rest untill he come to his full age which the Court in most cases ought to yeeld unto This is otherwise in the Civill law which inforceth children in their minority to answer by their tutors or curatours Ï€. de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gist i. jacet having gisir in the Infinitive moode whence commeth the nown gisme a lying in childbed or rather of gister i. stabulari a word proper to a Deer cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit unde commoda propinqua sit pabulatio Budeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or if it may be probably deduced from the Saxon word Gast i. hospes It signifieth in our Common law to take in and feed the cattel of strangers in the Kings Forest and to gather the money due for the same to the Kings use Charta de foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem c. 8. Cromptons Jurisdict fo 146. These are made by the Kings Letters patents under the great Seal of England of whom the King hath four in number within every Forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these four points in agistando recipiendo imbrevitando certificando Manwood parte prima of Forest laws p. 336. 337. whom you may read more at large Their function is tearmed Agistment as agistment upon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or concord of more to one thing this by the Author of the new tearms of law is either executed or executory which you may read more at large in him exemplified by cases AY Ayde auxilium is all one in signification with the French ayde and differeth in nothing but the only pronunciation if we take it as it is used in our vulgar language But in the Common law it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from Tenents to their Lords as toward the relief due to the Lord Paramount Glanvile li. 9. ca. 8. or for the making of his sonne Knight or the marying of his daughter idem eodem This the King or other Lord by the ancient Law of England might lay upon their Tenents for the Knighting of his eldest Sonne at the age of 15. yeers or the mariage of his daughter at the age of 7 yeers Regist orig fol. 87. a. and that at what rate themselves listed But Satute West 1. anno 3. Ed. 1. ordained a restraint for so large a demand made by common persons being Lords in this case and tyed them to a constant rate And the Statute made anno 25. Ed. 3. stat 5. ca. 11. provideth that the rate set down by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. cap. 10. This imposition seemeth to have descended to us from Normandie for in the grand custumary cap. 35. you have a Tractat intituled des aides chevelz i. de auxiliis capitalibus whereof the first is a faire l'aiâ—è filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre au Duc i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassan de consuet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis deseis 131. where he calleth it adjutorium pro maritanda Filia Whence it appeareth that this custome is within the Kingdome of Naples also Touching this likewise you may read these words in Menochius lib. 2. de arbitrat Jud. quaest centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in corum ditionibus privilegia multasque cum locerum incolis conventiones inter quas illa una solet nominari ut possit Dominus collect am illis indicere pro solutione dotium suarum filiaruÌ„ cùm matrimonio collocantur Hoc aliquando Romae observatum à Caligula fuisse in illius vita scribit Suetonius cap. 42. Hodiè hic usus in subalpina regione est frequens ut scribit Jacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro una filia sed pluribus filiabus non tamen pro secundis nuptiis exigitur In which place the said author maketh mention of divers other Civilians and Feudists that record this custome to be in other places Of this Ayd our Fleta writeth thus sicut etiam quaedam consuetudines quae servitia non dicuntur nec concomitantia servitiorum sicut rationabilia auxilia ad filium primogenitum militens faciendum vel ad filiam primogenitam maritandam quae quidem auxilia sunt de gratia non de jure pro necessitate et indigentia domini capitalis Et non sunt pradialia sed personalia secundum quod perpendi poterit in brevi ad hoc proviso c. This word Ayd is also particularly used in matter of pleading for a petition made in court for the calling in of help from another that hath an interest in the cause in question and is likely both to give strength to the party that
prayeth in ayd of him and also to avoid a prejudice growing toward his own right except it be prevented For example when a tenent for term of life by courtesie tenent in tail after possibility of issue extinct for term of years at will by Elegit or tenent by Statute-merchant being impleaded touching his estate may petere auxtlium that is pray in ayd of him in the reversion that is desire or intreat the Court that he may be called in by writ to allege what he thinketh good for the maintenance both of his right and his own Terms of the Law Fitzherbet mentioneth both prier in ayde and prier ayde de patron c. auxilium petere à patrono Nat. Brev. fo 50. d. And the new book of Entries Verbo Ayde de parcener auxilium de parcionaria fo 411 Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem Emericus in practition titulo 48. This ayde prier is also used sometime in the Kings behoof that there be no proceeding against him untill the Kings Councell be called and heard to say what they think good for the avoyding of the Kings prejudice or losse touching the cause in hand For example if the kings tenent holding in chief be demanded a rent of a common person he may pray in ayd of the king Also a City or Borough that hath a fee ferm of the king any thing being demanded against them which belongeth thereunto may pray in ayd of the king c. Terms of the law Of this thing you may read the Statute de bigamis a. 4. Ed. 1. ca. 1. 2. 3. an 14. Ed. 3. stat 1. ca. 14. The Civill law in sutes begun between two alloweth a third to come in pro interesse and he that commeth in for his interest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common Lawiers cal Receite Look Receito Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grandfather or great grandfather called of our common lawyers besacle but in true French bisaicul 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 disâ—possesseth the heir Fitz. nat br fo 222. AL Alderman aldermannus is borrowed from the Saxon Ealderman signifying as much as Senator in Latine Lamb. in his explication of Saxon words verbo senator See Roger Hoveden par poster suorum annal fo 346. b. Aler sans jour is verbatim to goe without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 140. Ale-taster is an officer appointed in every Court leet and sworn to look to the assise and the goodnesse of bread and ale or beer within the precincts of that Lordship Kitchin f. 46. where you may see the form of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the property of any thing unto another man To alien in mortmain is to make over lands or tenements to a Religious company or other body politique Stawnf praerog fo 40. Look Mortmain To alien in fee is to sel the fee simple of any land or tenement or of any incorpore all right West 2. ca. 25. an 13 Ed. 1. Alien alias alion allenigena commeth of the Latine alienus and signifieth one born in a strange Country It is ordinarily taken for the contrary to Denizen or a natural subject that is one born in a strange country and never here infranchised Brook 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 Seas or of English parents out of the Kings obedience so the parents at the time of the birth be of the kings obedience is no alien in account but a subject to the King Statute 2. a. 25. Edw. 3. c. unico commonly called the Statute de natis ultra mare Also if one born out of the Kings allegiance come and dwell in England his children if he beget any here be not aliens but denizens Terms of the Law See Denizen Allaye Allaia is used for the temper mixture of silver and gold an 9. H. 5. Stat. 2. c. 4. Stat. 1. ejusdem anni cap. 11. The reason of which allay is with a baser metal to augment the weight of the silver or gold so much as may counter vail 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 upon a complaint of some accountant commanding them to allow the accountant such summes as he hath by vertue of his office lawfully and reasonably expended Regist orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is used for one that by his trade coloureth or painteth upon paper or parchment And the reason is because he giveth grace light and ornament by his colours to the letters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine rivets be a certain light kind of armor for the body of a man with sleevs of male or plates of iron for the defence of his arms The former of which words seemeth to shew the country where it was first invented the other whether it may come from the French verb revestir i. superinduere to put on upon another garment I leave to farther consideration Almner eleemosynarius is an officer of the Kings house whose function is fragmenta diligenter colligere ea distribuerre singulis diebut egenis agrotos leprosos incarceratos pauperesque viduas et alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam et alia ad elecmosynam largita recipere fideliter distribuere Debet etiam regem super eleemosyne largitione crebris summonitionibus stimulare praecipne diebus Sanstorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel ministrallis sed ad eleemosynae suae incrementum jubeat largiri Fleta lib. 2. cap. 22. Almoine eleemosyna See Frank almoyne Almond amygdalum is well known to every mans sight it is the kernel of a nut or stone which the tree in Latine called amygdalus doth bear within a husk in manner of a walnut of whose nature and diversities you may read Gerards Herball lib. 3. cap. 87. This is noted among Merchandize that are to be garbled anno 1. Jaco cap. 19. Alnegeor aliâs aulnegeor ulniger vel ulnator commeth from the French aulne an elle or elwand and signifieth an Officer of the Kings who by
the name I take to be this because that whereas Parsons ordinarily be not accounted domini but usufructuarii having no right of fee simple Littleton titu Discontinuance these by reason of their perpetuity are accounted owners of the fee simple and therefore are called proprietarii And before the time of Richard the second it was lawfull as it seemeth simply at the least by mans law to appropriate the whole fruits of a benefice to an Abbey or Priory they finding one to serve the cure But that King made so evill a thing more tolerable by a Law whereby he ordained that in every licence of appropriation made in Chancery it should expresly be contained that the Diocesan of the place should provide a convenient sum of mony yearly to be paid out of the fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed anno 15 R. 2 c. 6. Touching the first institution and other things worth the learning about Appropriations read Plowden in Grendons Case fo 496. b. seq as also the new terms of Law verbo Appropriation To an appropriation after the Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full but if the Church be void the Diocesan and the Patron upon the Kings license may conclude it Plowden ubi supra To dissolve an appropriation it is enough to present a Clerk to the Bishop For that once done the benefice returneth to the former nature Fitz. nat br fol. 35. E. Approvour approbatur commeth of the French approuver i. approbare comprobare calculum albo adjicere It signifieth in our Common law one that confessing felony of himself appealeth or accuseth another one or more to be guilty of the same he is called so because he must prove that which he hath alleged in his appeal Stawnf pl. cor fo 142. And that proof is by battel or by the Country at his election that appealed The form of this accusation you may in part gather by M. Cromptons Justice of Peace fo 250 251. that it is done before the Coroner either assigned unto the felon by the Court to take and record what he saith or els called by the felon himself and required for the good of the Prince and Commonwealth to record that which he saith c. The oath of the Approver when he beginneth the combat see also in Crompton in the very last page of his book as also the Proclamation by the Herald Of the antiquity of this Law you may read something in Horns mirror of Justices lt 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 Approvers of the King Appruatores Regis be such as have the letting of the Kings demesnes in small Mannors to the Kings best advantage anno 51. H. 3. Stat. 5. See Approve Approve appruare commeth of the French approver i. approbare comprobare caleulum albo adjicere it signifieth in the Common law to augment or as it were to examine to the uttermost For example to approve land is to make the best benefit thereof by increasing the rent c. So is the Substantive Approvement used in Cromptons Jurisd fol. 153. for the profits themselves So is it likewise in the Statute of Merton ca. 4. anno 2. H. 3. land newly approved Old nat br fol. 79. So the Sheriffs called themselves the Kings approvers 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 approvers But anno 2. Ed. 3. cap. 12. Approvers be certain men especially sent into leveral Counties of the Realm to increase the Farms of Hundreds and Wapentakes which formerly were set at a certain rate to the Sheriffs who likewise demised them to others the County-Court excepted Approvement appruamentum see Approve See the Register judicial fol. 8. br 9 a. See the New terms of Law verbo Approvement AR Arbitratour arbiter may be taken to proceed from either the Latine arbitrator or the French arbitre it signifieth an extraordinary Judge in one or moe Causes between party and party chosen by their mutual consents West parte 2. Symbol titulo Compromise Sect. 21. who likewise divideth arbitrement into general that is including all actions quarrels executions and demands and special which is of one or more matters facts or things specified codem sect 2 3 4. The Civilians make 2 difference between arbitrum arbitratorem li. 76. π. pro socio For though they both ground their power upon the compromise of the parties yet their liberty is divers For arbiter is tyed to proceed and judge according to Law with equity mingled arbitrator is permitted wholly to his own discretion without solemnity of process or course of Judgement to hear or determine the controversie committed unto him so it be juxta arbitrium bont viri Arches court Curia de arcubus is the chief and antientest Consistory that belongeth to the Archbishop of Canterbury for the debating of Spiritual causes and so is 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 top is raised of stone Pillars builded Arch-wise like so many bent bows The Judge of this Court is termed the Dean of the Arches or the Official of the Arches Court Dean of the Arches because with this officialty is commonly joined a peculiar Jurisdiction of thirteen Parishes in Londor termed a Deanrie being exempted from the authority of the Bishop of London and belonging to the Archbishop of Canterbury of which the Parish of Bow is one and the chief because the Court is there kept Some others say that he was first called Dean of the Arches because the official to the Archbishop being many times imployed abroad in Ambassages for the King and Realm the Dean of the Arches was his Substitute in his Court and by that means the names became confounded The jurisdiction of this Judge is ordinary and extendeth it self thorow the whole Province of Canterbnry So that upon any Appeal made he forthwith and without any further examination of the Cause sendeth out his Citation to the party appealed and his inhibition to the Judge from whom the Appeal is made Of this he that will may read more in the book intituled De antiquitate Ecclesiae Britan. historiae Arma moluta seem to be sharp weapons that do cut and not blunt that do only break or bruise Bract. lib. 3. tract 2. cap. 23. Stawnf pl. cor fo 78 79 whereof Bracton bath these words arma moluta plagam faciunt sicut gladius hisacuta
be speciall in this signification as if an especial Commission should be granted to certain as in antient times they often were Bracton lib. 3. c. 11. in fine for the taking of an assise upon one disseisin or two any thing done in the Court before them a man would say it was done at such an especial assise And in this very signification doth Glanvile use it lib. 9. c. 12. in these words Sicontra dominum suum non infra assisam tunc distringitur â—se occupator c. and lib. 13. cap. 32. in these words cùm quis itaque infra assisam domini regis i. infra tempus à domino rege de consilio procerum ad hoc constitutum quandoque majus quandoqne minus censetur alium injuste sine judicio disseisiverit c. Of this word Assise you may read in Mâ— Skene de verbo signif de verbo Assise and by him understand that in Scotland also it is diversly used viz. in five several significations And touching the fifth signification he hath these words An Assise is called a certain number of men lawfully summoned received sworn and admitted to judge and discern in sundry civil causes like as Perambulations Cognitions Molestations pourpestrure division of Lands serving of Briefs and in all and sundry Criminal causes decided and tryed by an assise whereof there are two kinds one ordinarily in use which may be called a little 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 worth the reading Assisa continuanda is a Writ directed to the Justices assigned to take an assise for the continuance of the cause in case where certain Records alleged cannot in time be procured by the party that would use it Reg. orig f. 217. Assisa praeroganda it is a Writ directed to the Justices of Assise for the stay of proceeding by reason of the Kings business wherein the party is imployed Register orig fo 208 and 221. Association associatio is a patent sent by the King either of his own motion or at the sure of the Plaintiff to Justices appointed to take assises of novel disseisin or of Oyer and Terminer c. to take others unto them as fellows collegues in that business The derivation is plain the examples and sundry uses hereof you may find in Fitzh nat br fol. 185. E. fo 111. B. but more particularly in the Reg. orig fol. 201 202 205 206 207 223 224. Assoile absolvere commeth of the French absouldre and signifieth to deliver or set free from an excommunication Stawnf pl. cor fol. 72. in words to this effect otherwise the Defendant should remain in Prison untill the Plaintiff were assoiled that is delivered from his excommunication Assumpsit is a voluntary promise made by word whereby a man assumeth or taketh upon him to perform or pay any thing unto another This word containeth any verbal promise made upon consideration which the Civilians express by divers words according to the nature of the promise calling it sometime pactum sometime sponsionem sometime promissionem pollicitationem or constitutum the word seemeth to be drawn from the Latine assumptio quae significat professionem l. Ï€. ad municipalem AT Attache attachiare commeth of the French attacher i. figere nectere illigare defigere alligare In our Common law it signifieth to take or apprehend by Commandement or Writ And M. Lambert in his Eirenarch lib. 1. cap. 16. maketh this difference between an Arrest and an Attachment 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 formal words ducifacias c. and a Writ of attachment these words praecipimus tibi quòd attachies talem habeas cum coram nobis c. whereby it appeareth that he which arresteth carrieth the party arrested to another higher Person to be disposed of forthwith he that attacheth keepeth the Party attached and presenteth him in Court at the day assigned in attachment Yet I observe out of Master Kitchin that an attachment issueth out of a Court Baron which is a low Court cap. Attachment in Court Baron fol. 79. Another difference there is that an arrest lyeth only upon the body of a man and an attachment sometime upon his goods as shall be shewed in the sequel It may be likewise asked how an attachment and a capias do differ and how an attachment and a cape and an attachment and a Distress First that an attachment differeth from a capias it appeareth by Kitchin in these words fol. 79. Note that in a Court Baron a man shall be attached by his goods and a capias shall not go out thence whereby I gather that an attachment is more general taking hold of a mans goods and a capias of his body only Then an attachment 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 real as you may gather out of their forms in Fitzh nat br whereas attachment hath rather place in Actions personal as Bracton plainly setteth down lib. 4. tract 4. cap. 5. num 3. Where nevertheless it appeareth that a cape may be likewise used in an Action personal An attachment as is formerly said taketh hold of moveable goods or the body For it appeareth by Kitchin fol. 263. that a man may be attached by an hundred Sheep Read Skene de verbo signif verbo Attachiamentum Now it followeth to shew how Attachment differeth from a Distress For so it doth as may be shewed out of Kitchin fol. 78. where he saith that Process in Court Baron is Summons Attachment and Distress our of the Old nat br fol. 27. where it is said that a Process in a quare impedit is Summons Attachment and one Distress and again fol. 28. where speaking of the Writ Ne admittas he saith thus And the Process is one prohibition and upon the prohibition an Attatchment or Distress and fol. 32. in a Writ of Indicavit you have these words And after the attachment returned the Distress shall go out of the Roles of the Justices Bracton on the other side l. 5. tract 3. c. 4. num 2. sheweth that both attachiamentum magnum cape districtiones sunt Of which opinion Fleta also is li. 5. ca. 24. § si autem aed. But there also he saith that attachiamentum est districtio personalis cape magnum districtio realis So that by his opinion districtio is genus to Attachment Britton in his 26 Chapter hath words to this effect But in Attachment of Felony there commeth no Distress otherwise than by the body And if the Sheriff return in the cases aforesaid that the Trespassours have nothing in his Bayliwick by the which they may be distreined it must be awarded that he
called bannimertum which was aunelently tearmed depertatlo if it were perpetual or religatio in insulam if for a time Vincentius de Franchis Petrus de Bellug a in suo speculo fol. 125. num 4. Barbaries Oxycantha is a thornie shrub known to most men to bear a berry or frâ—â—t of a sharp taste These berries as also the leaves of the said tree be medicinable as Goard in his Herbal sheweth lib. 3. cap. 21. You find them mentioned among Drugges to be garbled Anno 1 Jacob. cap. 9. Bargain and sale as it seemeth by Westpart 1. symb lib. 2. sect 436 is properly acontract made of mannors lands renements hereditaments other things transferring the property thereof from the bargainer to the bargainee But the Author of the new terms of Law addeth that it ought to be for money saying farther that this is a good contract for Land c. and that Fee-simple passeth thereby though it be not said in the deed To have and to hold the land to him and to his heire and though there be no liverie and selfin made by the seller so it be by deed intended sealed and enrolled either in the County where the land lyeth or within one of the Kings Courts of Records at Westminster within six moneths after the date of the Deed intended an 27 H. 8. cap. 16. Barkarie Barkaria is a heath house New book of Entries titulo Assise corp poliâ— 2. Some call it a Tan-house Baron Barao is a French word and hath divers fignifications here in England First it is taken for a degree of Nobility next unto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this fignification it is borrowed from other Nations with whom Baroniae be as much as Provinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as have the government of Provinces as their Fee holden of the King fome having greater some lesser authority within their territories as appeareth by Vincentius de Franobis in divers of his disceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call Court-barons as they be at this day called Seigneurs in France that have any such Mannor or Lordship Yea I have heard by men very learned in our Antiquities that neer after the Conquest all such came to the Parliament and sate as Nobles in the upper-house But when by experience it appeared that the Parliament was too much pestered with such multitudes it grew to a custome that none should come but such as the King for their extraordinary wisedome or quality thought good to call by Writ which Writ ran hac vice tantùm After that again men feeing this estate of Nobility to be but casual and to depend meerely upon the Prineâ—s pleasure they sought a more certain hold and obtained of the King letters patents of this dignity to them and their heires male And these were called Barons by letters patents or by creation whose postority be now by inhefitance and true delcent of Nobility those Barons that be called Lords of the Barliament of which kind the King may create more at his pleasure It is thought neverthelesse that there are yet Barons by writ as well as Barons by letters patents and that they may be discerned by their titles because the Barons by writare those that to the title of Lord have their own surnames annexed as Crompton North Norice c. whereas the Barons by letters patents are named by their Barronies These Barons which were first by writ may now justly also be called Barons by prescription for that they have continued Barons in themselves and their auncestors came beyond the memory of man The original of Barons by writ Master Camden in his Britaunia Pag. 109. in meo referreth to Henry the third Barons by letters patents or creation as I have heard among our Antiquaries were first created about the days of Henry the sixth the manner of whose creation read in Master Stows Annals pag. 1121. Of all these you may also read Mast Ferns glory of Generofity pa. 125. 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. dâ—â—â—pub Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by year or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour civill and militariy addeth a â—ird kind of baron calling them Barons by conure and those be the Bishops of the land all which by vertue of Baronies annexed to their Bishopricks have alwaies had place in the upper house of Parliament and are termed by the name of Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer be to the King of which the principal is called Lord chief Baron capitalis Baro and the three other for so many there be are his Assistants in causes of Justice between the King and his subjects touching causes appertaining to the Exchequer The Lord chief Baron at this day is the chief Judge of the Court and in matter of Law Information and Plea answereth the Barr and giveth order for judgement thereupon He alone in the Term time doth sit upon Nist prius that come out of the Kings Remembrancers office or out of the office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He taketh recognisancea for the Kings debts for appearances and observing of orders He taketh the presentation of all the officers in Court under himself and of the Maior of London and seeth the Kings Remembrancer to give them their oaths He taketh the declaration of certain receivers accounts of the lands of the late augmentation made before him by the Anditors of the Shires He giveth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chief Baron answereth the Barr in matters aforesaid he also taketh recognisances for the Kings debts apparences and observing of orders He giveth yearly the oath to the late Maior and Escheatour of London for the true account of the profits of his office He taketh a declaration of certain receivers accounts He also examineth the letters and sums of such Sheriffs forrain accounts as also the accounts of Escheatours and Collectours of subsidies and Fifteens as are brought unto him by the Auditors of the Court. The third Baron in the absence of the other two answereth the barr in matters aforesaid he also taketh recognisances as aforesaid He giveth yearly the oath of the late Major and Gawger of London for his true accounting He also taketh a declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him The fourth Baron is alwayes a
Coursetour of the court and hath been chosen of some one of he clerks in the remembrancers offices or of the clerk of the Pipes office He at the days of prefixion taketh oath of all high Sheriffs and their under Sheriffs and of all Escheatours Bayliffs and other accountants for their true accounting He taketh the oath of all Collectours Controllers Surveyours and searchers of the Custom houses that they have made true entrances in their books He apposeth all Sheriffs upon their Summons of the Pipe in open Court He informeth the rest of the Barons of the course of the Court in any matter that concerneth the Kings Prerogrative He likewise as the other Barons taketh the declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him These Barons of the exchequer are antient officers for I find them named West 2. c. 11. an 13 Ed. 1. they be called Barons because Barons of the realm were wont to be employed in that office Fleta li. 2. c. 24. S. Tho. Smith saith of them that their office is to look to the accounts of the Prince and to that end they have Auditors under them as also to decide all causes appertaning to the Kings profits coming into the Exchequer by any means This is in part also proved by the Stat. an 20. Ed. 3. ca. 2. anno 27 ejusd stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. et anno 14. ejusd ca. 11. And hereupon they be of late men learned in the Common Law of the Realm whereas in autient times they were others viz. majores et discretiores in regno sive de clero essent sive de curia Ockam in his lucubrations de fisci regii ratione Horn. in his mirrour of Justices saith that Barons were wont to be two and they Knights cap. De la place del Eschequer Then be there in this signification Barons of the Cinque Ports anno 31 Ed. 3. stat 2. cap. 2. an 33 H. 8. cap. 10. which are two of every of the seven towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich that have places in the lower-house of Parliament Cromptons jurisd fol. 28. Baron in the third signification is used for the husband in relation to his wife which is so ordinary in all our law-writers that write in French as it were superfluous to confirm it by any one Baronet I read this word anno 13 R. 2. stat 2. cap. 1. But I hold it falsly printed for Baneret or else to signifie all one with it Baronye baronia baronagium is the fee of a Baron In which account are not onely the fees of Temporal Barons but of Bishops also who have two respects One â—s they are Spiritual men without possessions as was the Tribe of Levie among the Israelites being susteined by the onely First fruits and Tenths of the other Tribes Josh cap. 13. vers 14. The other respect they have groweth from the bounty of our English Kings whereby they have Baronies at the least and are thereby Barons or Lords of the Parâ—iament This Baronie as Bracton saith lib. 2. cap. 34. is a right indivisible and therefore if an inheritance be to be divided among Co-parteners Though some capital messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he faith they may not be parcelled The reason is ne sic caput per pluâ—es particulas dividatur plura jura comitatuum baroniarium deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baroniis dicitur esse constitutuÌ„ Barre Barra commeth of the French barre or barriere i. repagulum obex vectis It is used in our Common law for a peremptory exception against a Demand or plaint and is by the Author of the terms of Law defined to be a Plee brought by the Defendant in an Action that destroyeth the Action of the Plaintiff for ever It is divided into a Barre to common intent and a Barre scecial A Barre to a common intendment is an ordinary or general Barre that ordinarily disableth the Declaration or Plee of the Plaintiff A Barre special is that which is more than ordinary and falleth out in the case in hand or question upon some special circumstance of the fact Plowden casu Colthirst fol. 26. a.b. For example 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 facie But yet the case may so fall out that more goods might come to his hands sithence that time which if the Plaintiff can shew by way of replication then except he have a more especial plee or barre to allege he is to be condemned in the action See also Plowden in the case aforenamed fol. 28. a. b. and Broke tâ—â—ulâ— Barre num 101. and Kitchin fol. 215. Barre also in the same signification is divided into barre material and barre at large Kitchin fol. 68. A barre material as it seemeth may otherwise be called a barre special as when one in the stop of the Plaintiffes Action pleadeth some particular matter as a descent from him that was the undoubted owner a Feoffment made by the Ancester of the Plaintiff or such like A bar at large is when the Tenent or Defendant by way of exception doth not traverse the Plaintiffs title by pleading not guilty nor confe ie and avoid it but onely maketh to himself a title in his barre As if in an Assise of novel disseisin the Tenent plead a Feoffment of a stranger unto him and gives but a colour onely to the Plaintiff Of this there is an apt example to be found 5 H. 7. fol. 29. Barre is also in regard of the effect divided into barre perpetual and barre pro tempore Perpetual is that which overthroweth the action for ever Barre pro tempore is that which is good for the present and may fail hereafter look an example or two in Broke titu Barre nu 23. where he saith that to plead plenè administravit is good until it may appear that more goods come to the Executors hands afterward which also holdeth for an heir that in an action of his Ancesters debt pleadeth rien per discent This word is also used for a material bar as the place where Sergeants or Councellers stand to plead causes in Court or Prisoners to answer to their Indictment Of which our Common lawyers that be licensed to plead in other Countries called licentiati are termed Baristers anno 24 H. 8. cap. 24. Barrator barectator cometh from the French Barat i. astutia and is neer the French it self in signification For barateur in that tongue betokeneth a deceiver and a barator in our Common law is a common wrangler that setteth men at ods and is
as l. ult Cod. de conveniendis fisci debitoribus l. 10. tit 2. you have these words Inter chartul as confiscati brevis quidam adseveratur inventus qui nomina continebat debitorum Where it it is used for a short note Again I find a title restored by Gothofred in the first book of the Code de quadrimenstruis brevibus Quadrimenstruâ— autem breves erant qui de singulis indictionum pensionibus quarto quoque mense solutis conficiebantur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorio retulisset c. And in the Authenticks Novel 105. cap. 2. you have this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Gothofred there noteth Where he noteth likewise out of Zonacas in Carthagin Concilio that this is a Greek word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breve Of these briefs see also Bracton l. 5. tract 5. c. 17. num 2. Breve quidem cùm sit formatum ad similitudinem regulae juris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula juris rem quae est breviter enarrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the French brigandine that is a coat of mail This is used anno 4. 5. Ph. Mar. cap. 2. Brigbote significat quietantiam reparationis pontium Fleta lib. 1. cap. 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 lived in the dayes of K. Edward the first at whose commandement and by whose authority he writ a learned book of the law of this realm The tenure whereof runneth in the Kings name as if it had been penned by himself answerably to the institutions which Justinian assumeth to himself though composed by others Stawnf praero f. 6. 21. S. Eaward Coke saith that this Britton writ his book in the fiftieth year of the said Kings raign lib. 4. fol. 126. a. lib. 6. fo 67. a. M. Guin in the Preface to his reading mentioneth that this John Britton was Bishop of Hereford Broke commonly called S. Robert Broke was a great Lawyer and Lord chief Justice of the Common plees in Queen Maries time Cromptons Justice of peace f. 22. b. he made an abridgment of the whole law a book of high account Broker brocarius seemeth to come from the French broicur i. tritor that is a grinder or breaker into small pieces Because he that is of that trade to deal in matters of money and marchandise between English men and Strangers doth draw the bargain to particulars and the parties to conclusion not forgetting to grinde out something to his own profit These men be called broggers anno 10 R. 2. cap. 1. It may not improbably be said that this word cometh from brocarder i. cavallari because these kind of men by their deceitful speeches and abusing their true trade many times inveigle others In Scotland they be called broccarii and in their own idiome blockers or brockers that is mediators or intercessors in any transaction paction or contract as in buying or selling or in contracting mariage Skene de de verbo sig verbo broccarii He that will know what these brokers were wont and ought to be let him read the statute anno 1 Jacobi ca. 21. These in the Civil law are called proxeneti as also of some licitatores mediatores tit de proxeneticit in Digestis This kind of dealer is also of the Romanes called pararius Sencca l. 2. de benef ca. 22. Caelius Rhodoginus libro 6. c. 32. li. 3. cap. 15. Broderers cometh of the French brodeur and that cometh of bordure i fimbria limbus the edge or hemme of a garment And that because it is distinguished from the rest most commonly by some conceited or costly work he that worketh it is called brodeur in French and broderer or embroderer with us Brodehalpeny commeth of the three Saxon words bret or bred i. a boord and halve that is for this or that cause cujus rei gratia as the Latinists speak and penning it signifieth a tolle or custome for setting up of tables or boords in a Fair or Market From the which they that are freed by the Kings Charter had this word mentioned in their letters patents Insomuch as at this day the freedom it self 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. compensatic It signifieth with us a tribute contribution or ayde toward the mending or reedifying of Briâ—ges whereof many are freed by the Kings Charter And thereupon the word is used for the very liberty or exemption from this tribute See Pontage and Brigbote BU Bull bulla seemeth to come from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consilium as Polydorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the letters by the Canonists called Apostolick strengthened with a leaden seal and containing in them the decrees or commandments of the Pope or Bishop of Rome The word is used many times in our Statutes as anno 28 H. 8. cap. 16. anno 1. and 2. Ph. Ma. cap. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with us gold or silver in masse or billet anno 9 Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whither such gold in the lump is brought to be tryed or exchanged anno 27 Ed. 3. stat 2. cap. 14. anno 4 H. 4. cap. 10. See Skene de verbo signif verbo Bullion Burgbote cometh of burg i. castellum and bote 1. compensatio and signifieth a tribute or contribution toward the building or repairing of Castles or walls of defence or toward the building of a Borrow or City From this divers had exemption by the ancient Charters of the Saxon Kings Whereupon it is taken ordinarily for the exemption or liberty it self Rastals expos of words Fleta hath these words of it Significat quietantiam reparationis murorum civitatis vel burgi lib. 1. c. 47. Burg English See Borow English Burgage burgagium is a tenure proper to Cities and Towns whereby men of Cities or Borows hold their lands or tenements of the King or other Lord for a certain yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. num 6. Burglarie burglaria is compounded of two French words bourg i. pagus villa and larecin i. furtum or of bourg laron Coke lib. 4. fol. 39. b. It is according to the acceptance of our Common law thus defined Burglary is a felonious entring into another
belonging unto the same Fleta lib. 2. cap. 6. 7. Chamberlain of any of the Kings courts anno 7 Edw. 6. cap. 1. Chamberlain of the Exchequer anno 51 H. 3. stat 5. anno 10 Ed. 3. cap. 11. anno 14 ejusdem cap. 14. anno 26 H. 8. cap. 3. Chamberlain of North Wales Stow pag. 641. Chamberlain of Chester Cromptons jurisd fol. 7. This Officer is commonly the receiver of all rents and revenues belonging to that person or City whereunto he is Chamberlain Vide Fletam lib. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camer a i. testitudine sive fornice â—quia custodit pecunâ—as quae in cameris praecipuè reservantur Onyphrius de interpret vocum ecclesiasticarum It seemeth to be borowed from the Feudists who define the word camera thus Camera est locus in quem the saurus recolligitur vel conclave in quo pecunia reservatur Zasius de feudis part 4. num 7. and Peregrinus de jure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quem quaestorem antiqui appellarunt in rebus fisci primum locum tenet quia thesaurarius custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the Kings Exchâ—quer who were wont to keep a controlement of the pells of receipt and exitus and kept certain keyes of the treasure cofers which is not now in use They keep the keyes of the Treasurie where the leagues of the Kings predecessors and divers ancient books do remain There is mention of this officer in the Statute an 34. 35 H. 8. cap. 16. There be also Under-chamberlains of the Exchequer which see in Under-chamberlain Champartie cambipartita aliâs champertie seemeth to come from the French champert i. vectigal and signifieth in our Common law a maintenance of any man in his sute depending upon condition to have part of the thing be it lands or goods when it is recovered Fitz. nat br fol. 171. and champertours be they that move plees or sutes or cause to be moved either by their own procurement or by other and pursue at their proper costs for to have part of the land in variance or part of the gains anno 33 Ed. 1. stat 2. in fine Whereunto adde the third statute made the same year This seemeth to have been an ancient fault in our Realm For notwithstanding these former statutes and a form of writ framed unto them yet anno 4 Ed. 3. cap. 11. it was again enacted that whereas the former statute provided redresse for this in the Kings Bench onely which in those dayes followed the Court from thenceforth it should be lawful for Justices of the Common plees likewise and Justices of Assises in their circuits to inquire hear and determine this and such like cases as well at the sute of the King as of the Party How farre this Writ extendeth and the divers forms thereof applyed to several cases See Fitz. nat br fol. 171. and the Register orig fol. 183. and the new book of Enteries verbo Champertie Every Champertie imployeth maintenance Cromptons jurisd fol. 39. See also his Justice of Peace fol. 155. b. c. These with the Romans were called redemptores litium qui sc quotidian as lites mercantur aut qui partem litis paciscuntur l. si remuner andi § Maurus Ï€. Mandati l. si contra l. per diversas Co. eodem 13. Câ—anpion campio is thus defined by Hottoman in verbis feudalibus Campio est certator pro alio datus in duello à campo dictus qui circus erat decertantibus definitus In our Common law it is taken no lesâ—e for him that trieth the combat in his own case than for him that fighteth in the place or quarrel of another Bracton lib. 3 tract 2. cap. 21. num 24. who also seemeth to use this word for such as hold by Seargante or some service of another as campiones faciunt homagium domino suo lib. 2. cap. 35. Of this read more in Battel and Combat 30. Chanceler cancellarius cometh of the French chancelier Vicentius Lupanus de magistratibus Francorum saith that cancellarius is no Latine word howbeit he citeth divers Latine Writers that do use it With him agreeth that excellent man Petrus Pithaeus libro 2. adversariorum cap. 12. and whereas Lupanus would derive it from the verb cancello Pithaeus confeâ—eth he hath good colour for his opinion though he think it not sound and therefore rather deduceth it à cancellis Cancellare is liter as vel scriptum linea per medium duct a damnare and seemeth of it self like wise to be derived à cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek which we in our tongue call a Leâ—is that is a thing made of wood or iron barres laid crosse-waies one over another so that a man may see through them in and out And is to be thought that Judgement seats in old time were compassed in with those barres being found most necessary to defend Judges and other Officers from the presse of the multitude and yet never the more to hinder any mans view that had a desire or cause to observe what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in Court grapharios sc qui conscribendis excipiendis judicum act is dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not only in other Kingdomes but in ours also is given to him that is the chief man for matter of Justice in private causes especially next unto the Prince For whereas all other Justices in our Common-wealth are tied to the Law and may not swerve from it in judgement the Chancelor hath in this the Kings absolute power to moderate and temper the written Law and subjecteth himself onely to the Law of nature and conscience ordering all things juxta aequum bonum And therefore Stanford in his Prerogative cap. 20. fol. 65. saith that the Chancelor hath two powers one absolute the other ordinarie meaning that though by his ordinary power in some cases he must observe the form of proceeding as other ordinary Judges yet that in his absolute power he is not limited by the written law but by conscience and equity according to the circumstances of the matter 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 Conquerour Instituit item Scribarum Colleginm qui diplomata scriberent ejns Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habeiur And see Flet. lib. 2. cap. 13. This high Officer seemeh to be derived from France unto us as many other
is an officer in Court so called because he hath the check and controllement of the yeomen of the Gard and all other ordinary yeomen or huissiers belonging either to his Majesty the Queen or Prince either giving leave or allowing their absences or defects in attendance or diminishing their wages for the same He also nightly by himself or Deputy 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 Henric. 8. cap. 12. Clerk Marshal of the Kings house seemeth to be an Officer that attendeth the Marshall in his Court and recordeth all his proceedings anno 33 Henr. 8. cap. 12. Clothe of Raye an 27 E. 3 stat 1. cap. 4. Closhe is an unlawful game forbidden by the the statute anno 17 E. 4. cap. 3. which is casting of a bowl at nine pinnes of wood or nine shank bones of an ox or horse Clove is the 32 part of a weigh of cheese i. eight pound anno 9 H. 6. cap. 8. Cloves caryophilli are a spice known by sight to every man They are flowers of a tree called caryophillus gathered and hardned by the Sun Of their nature you may read in Gerards Herbal lib. 3. cap. 144. This is comprised among such spices as be to be garbled an 1 Jacob. c. 19. CO Cocket cockettum is a seal appertaining to the Kings Custome-house Regist orig fol. 192 a. and also a scrow of parchment sealed and delivered by the officers of the Custome-house to Merchants as a warrant that their merchandise be customed anno 11 H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist. ubi supr fol. 179 a. So is the word used anno 5 6 Edw. 6. cap. 14. an 14 Edw. 3. stat 1. c. 21. This word is also used for a distinction of bread in the statutes of bread and ale made anno 51 H. 3. where you have mention of bread coket wastelbread bread of trete and bread of Common wheat Coferer of the Kings houshold is a principal officer of his Majesties Court next under the controller that in the Counting-house and elsewhere at other times hath a special charge and oversight of other officers of the houshold for their good demeanour and carriage in their offices to all which one and other being either Sergeants Yeomen Grooms Pages or children of the kitchin or any other in any room of his Majesties servants of houshold and payeth their wages This officer is mentioned an 39 Eliz. cap. 7. Cogs anno 23 H. 8. cap. 18. Conisor of a fine is he that passeth or acknowledgeth a fine in Lands or Tenements to another Cognisee is he to whom the fine is acknowledged West parte 2. symbol tit Fines sect 2. Cognizance cometh from the French cognisance id est intelligentia intellectus notio cognitio with us it is used diversly sometime signifying a badge of a serving-mans sleeve whereby he is discerned to belong to this or that Noble or Gentleman sometime 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. tract 3. cap. 16. As also to make cognisance of taking a distresse sometime as an audience or hearing of a matter judicially as to take cognisance sometime a power or jurisdiction as cognisance of plee is an ability to call a cause or plee out of another Court which no man can do but the King except he can shew Charters for it Manwood parte 1. of his Forest laws pag. 68. See the new Termes of the Law and the new book of Entries verbo Conusance Cognatione see Cosenage Cognisour see Conisour Cognitionibus mittendis is a Writ to a Justice or other that hath power to take a Fine who having taken acknowledgement of a Fine deferreth to certifie it into the Court of Common plees commanding him to certifie it Reg. orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin id est Angulus which probably verifieth the opinion of such as do hold the ancientest sort of Coyn to be cornered and not round Of this Lawyers substantive cuna commeth the Lawyers verb cunare i. to coyn Cromtons Justice of peace fol. 220. Coliander seed or rather coriander seed Semen coriandri is the seed of an hearb so called medicinable and wholesome for divers goo◠purposes which see in Gerards Herbal l. 2. cap. 379. It is numbered among the drugges that be to be garbled an 1 Jacob. cap. 19. Collaterall collateralis commeth of the Latine Laterale id est that which hangeth by the side Lateralia viatoria π. de lega fidelium tertio l. 102. seem to signifie a budget or cap-case to hang by a saddel pomel Collaterall is used in the Common law for that which commeth in or is adhering of the side as collaterall assurance is that which is made over and beside the deed it self For example if a man covenant with another and enter bond for the performance of his covenant the bond is termed collaterall assurance because it is externall and without the nature and essence of the covenant And Crompt Jurisd fol. 185. sayeth that to be subject to the fee ding of the Kings Deer is collaterall to the spoyl within the Forest in the like manner may we say That the liberty to pitch booths or standings for a Fair in another mans ground is collaterall to the ground The private woods of a Common person within a Forest may not bee cut without the Kings licence For it is a prerogative collaterall to to the soil Manwood parte 1. of his Forest laws p. 66. Collaterall warranty see Warranty Collation of benefice collatio beneficii signifieth properly the bestowing of a Benefice by the Bishop that hath it in his own gift or patronage and differeth from Institution in this for that institution into a benefice is performed by the Bishop at the motion or presentation of another who is patron of the same or hath the Patrons right for the time Extra de institutionibus De concessione praebendarum c. And yet is collation used for presentation anno 25 Edw. 3. stat 6. Collatione fact a uni post mortem alterius c. is a writ directed to the Justices of the Common Plees commanding them to direct their writ to a Bishop for the admitting of a Clerk in the place of another presented by the King that during the sute between the King and the Bishops Clerk is departed For judgment once passed for the Kings Clerk and he dying before he be admitted the king may bestow his presentation upon another Regist orig fol. 31. b. Collatione heremitagii is a writ whereby the king conferreth the keeping of an Ermitage upon a Clerk Register orig fol. 303 308. Colour color signifieth in the Common law a probable plee but in truth
of Court-roll This is the land that in the Saxons time was called Folk-land Lamberd explicat of Saxon words verbo Terra ex scripto West part prim symb l. 2. Sect. 646. defineth a Copy-holder thus Tenent by copie of Court-roll is he which is admitted Tenent of any lands or tenements within a Manor that time out of memory of man by use and custome of the said Manor have been demisable and demised to such as will take the same in Fee in Fee-tail for life years or at will according to the custome of the said Manor by copy of Court-roll of the same Manor where you may read more of these things Coraage coraagium is a kind of imposition extraordinary and growing upon some unusual occasion and it seemeth to be of certain measures of corn For corus tritici is a certain measure of corn Bracton libro 2. cap. 116. nu 6. who in the same Chapter num 8. hath of this matter these words Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetisdine veniunt nisi cum necessitas intervenerit vel cùm rex venerit sicut sunt hidagia coraagia carvagia alia plura de necessitate ex consensu communi totius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentem suum acquietare nisi se ad hoc specialiter obligaverit in charta sua c. Cordiner cometh of the French Cordovannier i. sutor calcearius a Shoo-maker and is so used in divers Statutes as anno 3 H. 8. cap. 10. anno 5 ejusdem cap. 7. and others Cornage cornagium cometh of the French cor i. cornu and in our Common law signifieth a kind of grand seargancy the service of which tenure is to blow a horn when any invasion of the Northern enemy is perceived And by this many men hold their land Northward about the wall commonly called the Picts-wall Cambden Britan. pag. 609. hence cometh the word cornuare to blow a horn pupil oculi parte 5. cap. 22. in charta de Foresta This service seemeth to have proceeded from the Romans For I find cornicularios mentioned in the Civil law viz. lib. 1. Cod. de officio diverso Jud. 48. lege 3. lib. 12. tit de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius lib. 3. de verbo significat faith thus of them hi militum quoddam genus fuere quicorniculo merebant unde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horn was an honour and reward given for service in war Corner-tile See Gutter-tile Corody corodium cometh of the Latine verb corrodo and signifieth in our Common Law a summe of money or allowance of meat and drink due to the King from an Abbey or other house of Religion whereof he is the founder toward the reasonable sustenance of such a one of his servants being put to his pensior as he thinketh good to bestow it on And the difference between a corrodie and a pension seemeth to be that a Corrody is allowed toward the main enauce of any the Kings servants that liveth in the Abbey a pension is given to one of the Kings Chaplains for his better maintenance in the Kings service until he may be provided of a benefice Of both these read Fitzh nat br fol. 230 231 233. who there setteth down all the Corrodies and pensions certain that any Abbey when they stood was bound to perform unto the King There is mention also of a Corrody in Stawn praerogative 44. And this seemeth to be an ancient law For in Westm 2. cap. 25. it is ordained that an Assise shall lie for a Corrody It is also apparent by the Statute anno 34. 35 H. 8. c. 16. that Corrodies belonged some time to Bishops from Monasteries and by the new Terms of law that a Corrody may be due to a common person by graunt from one to another or of common right to him that is founder of a Religious house not holden in frank almoyn For that Tenure was a discharge of all Corrodies in it self By which book it appeareth also that a Corrody is either certain or uncertain and that it may be for life years in Tail or in Fee Corodio habendo it is a Writ whereby to exact a Corrody of any Abbey or Religious house See Corodie see the Regist. orig fol. 264. Coronatore eligendo is a Writ which after the death or discharge of any Coroner is directed to the Shyreeve out of the Chancery to call together the Free-holders of the County for the choice of a new Coroner to certifie into the Chancerie both the election and the name of the party elected and to give him his oath See Westm 1. cap. 10. and Fitzh nat br fol. 163. and the Register orig fol. 177. Coroner coronator is an ancient Officer of this land so called because he dealeth wholly for the King and Crown There be four of them commonly in every County and they are chosen by the Free-holders of the same upon Writ and not made by Letters Patents Crompt Jurisd fol. 126. This Officer though now he be some inferiour Gentleman that hath some smattering in the Law yet if we look to the statute of Westm 1. cap. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreet Knight that best will and may attend upon such an office Yea there is a Writ in the Register Nisi sit miles fol. 177. b. whereby it appeareth that it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings rent of Free-hold And the Lord Chief Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he remaineth libro assissarum fol. 49.5 coron Coke lib. 4. casu de Wardens c. of the Sadlers fol. 57. b. His office especially concerneth the Plees of the Crown But if you will read at large what anciently belonged unto him read Bract. lib. 3. tract 2. cap. 5. de officio coronatorum circa homicidium and cap. 6. de of sicio coronatoris in thesauris inventis and cap. 6. de officio coronatorum in raptu virginum and cap. 8. de officio coronatorum de pace plagis And Britton in his first Chapter where he handleth it at large Fleta also in his first book cap. 18. and Aâ—drew Horns mirrour of Justices lib. 1. cap. del office del coroners But more aptly for the present times Stawnf pl. cor lib. 1. cap. 51. Note there be certain Coroners special within divers liberties as well as these ordinary officers in every Countie as the Coroner of the Verge which is a certain compasse about the Kings Court whom Crompton in his Jurisd
fol. 102. calleth the Coroner of the Kings house of whose authority see S. Edw. Cokes reports lib. 4. fol. 46. a. b. And I know certain Charters belonging to Colleges and other corporations whereby they are licensed to appoint their Coroner within their own precincts Farther of this office see also Fitzh nat br fol. 76. A. B. Sir Thomas Smith lib. 2. cap. 21. de repub Anglo and Lamb. Eirenarcha lib. 4. cap. 3. pag. 380. And the office of the Coroner in Scot land what it is read M. John Skene de verbo signif verbo Iter. Corporation Corporatio is that which the Civil law calleth Vniversitatem or Collegium A bodie Politick authorised by the Kings Charter to have a common Seal a head Officer one or more and members able by their common consent to grant or to receive in law any thing within the compasse of their Charter even as one man may do by Law all things that by law is not forbidden and bindeth the Successours as a single man bindeth his Executor or Heir See Brokes his abridgement titulo Corporation and the new Terms of Law Eodem Corpus cum causa is a Writ issuing out of the Chancerie to remove both the body and the record touching the cause of any man lying in execution uâ—on a judgment for debt into the Kings Bench c. there to lye until he have satisfied the judgement Fitzh nat br fol. 251. E. Corrector of the staple is an officer or Clerk belonging to the Staple that writeth and recordeth the bargains of Merchants there made anno 27 Ed. 3. stat 2. cap. 22 23. The Romans called them Meâ—sarios Corruption of blood is an infection growing to the state of a man attainted of Felony 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 heirs to him or to any other Ancestor of whom they might have claimed by him And farther if he were noble or a Gentleman before he and his children are made unnoble and ungentle in respect of the father New Terms of the Law Corse present are words borrowed from the French signifiing a Mortuarie anno 21 H. 8. c. 6. The true French is corps praesenté i. the body presented or tendered The reason why the Mortuarie is thus also termed seemeth to be for that where a Mortuarie was wont to be due the body of the best Beast was according to the law or custome offered or presented to the Priest Corselet is a French word signifying a little Body in Latine corpusculum It is used with us for an armour to cover the whole body or trunk of a man anno 4 5. Ph. Mar. cap. 2. where with the Pikemen commonly set in the front and flanks of the battel are armed for the better 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 Pieces See Barrets discourse of War lib. 3. dialog 2. Cosenage cognatione is a Writ that lyeth where the Tresail that is Tritavus the father of the Befail or of the great Grand-father is seised in his Demesn as of Fee at the day of his death of certain lands or tenements and dyeth and then a Stranger entreth and abateth For then shall his Heir have this Writ of Cosenage the form whereof see in Fitzh nat br fol. 221. Of this also read Britton at large cap. 89. Cosening is an offence unnamed whereby any thing is done guilefully in or out of contracts which cannot be fitly termed by any especial name West parte 2. Symbolaeogr titulo Indictments sect 68. It is called Stellionatus in the Civil law of Stellio the beast which is lacertae genus versutissimum as Cujacius in his paratitles calleth it and quo nullum an mal homini invidet fraudulentius Plinie lib. 3. cap. 10. Cotage cotagium is a house without land belonging unto it anno 4. Ed. pri statut prima And the inhabitant of such a house is called a Cotager But by a later statute no man may build a Cotage but he must lay 4. Acres of ground unto it 31 Eliz. cap. 7. Cote is a kind of reffuse wool clung or clotted together that it cannot be pulled asunder anno 13. R. 2. stat 1. cap. 9. It lignineth also as much as Cotage in many places as also it did among the Saxons Verstegan in his Restitut of decayed intelligence in entiquities Covenable rationabilis is a French word signifying fit or convenient or suitable convenably endowed anno 4. H. 8. ca. 12. it is antiently written convenable as in the statute an 27. Ed. 3. stat 2. cap. 17. Covenant conventio is the consent of two or more in one self thing to doe or give somewhat West parte 2. symbol lib. 1. sect 4. It seemeth to be as much as pactum conventum with the Civilians which you read oftentimes in Tullie Pactum conventum quod et vulgo vesticum vocant opponitur nudo pacto vetue ab omni juris solennitate destatuto Hujus exempla ponere difficile esse Jason existimavit Conventum aiunt quod vestitur autre aut verbis aut literis aut contractus cohaerentiâ aut rei interventu Oldendorpius And covenant in this signification is either a covenant in law or a covenant in fact Coke li. 4. Nokes case fol. 80. or covenant expresse and covenant in law idem li. 6. fo 17. a. Covenant in law is that which the law intendeth to be made though in words it be not expressed as if the lessour doe demise and grant c. to the Leassee for a certain term the Law intendeth a covenant of the Leassers part that the Leassee shall during his whole term quietly enjoy his Lease against all lawfull encumbrance Covenant in fact is that which is expresly agreed between the parties There is also a covenant meerly personall and a covenant reall Fitzh nat br fo 145. And he seemeth to say that a covenant reall is whereby a man tyeth himself to passe a thing reall as land or tenements as a covenant to levy a Fine of land c. A covenant meerly personal of the other side is where a man covenanteth with another by deed to build him a house or any other thing or to serve him or to in feoff him c. Covenant is also the name of a writ for the which see Conventione Instruments of covenant you may see good store in West parte 1. Symbolaeog lib. 2. sectio 100. See also the new book of Entries verbo Covenant Covent conventus signifieth the sooiety or fraternity of an abby or priorie as societas signifieth the number of fellowes in a College Bracton lib. 2. cap. 35. It commeth of the French convent i. coenobium Coverture is a French word signifying any thing that covereth as apparell a coverlet c. and deduced
appeareth by Bracton in these words Negotium in hoc casu terminabitur per cuntey cuntey sicut inter coharedes Bracton lib. 4. tract 3. cap. 18. And again in the same place In b evi de recto negotium terminabitur per cuntey cuntey And thirdly lib. 4. tract 4. cap. 2. Terminabitur negotium per breve de recto ubi nec duellum nec magna assisa sed per cuntey cuntey omninò which in mine opinion is as much as the ordinary Jury Curfew cometh of two French words couvrir i. tegere and feu i. ignis We use it for an Evening Peal by the which the Conqueror willed every man to take warning for the raking up 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 upon any point or points of a cause before judgement be resolved on For this see the new Book of Entries verbo Curia advisare vult Curia claudenda is a Writ that lyeth against him who should fence and close up his ground if he refuse or deferre to do it Regist orig fol 155. Fitzh nat br fol. 127. See also the new Book of Entries verbo Curia claudenda Cursiter clericus de cursu vel cursista curiae cancellariae is an Officer or Clerk belonging o the Chancerie that maketh out original Writs anno 14 15 H. 8. cap. 8. They be called Clerks of Course in the oath of the Clerks of the Chancery appointed anno 18 Ed. 3. stut 5. cap. unico There be of these 24 in number which have allotted unto every of them certain Shires into the which they make out such original writs as are by the subject required and are a Corporation among themselves Curteyn curtana was the name of King Edward the Saint his Sword which is the first Sword that is carried before the Kings of this Land at their Coronation Matthaeus Parisiens in Henrico tertio And I have heard say that the point thereof is broken which may argue an emblem of Mercie Curtilage See Curtelage Custode admittendo Custode amovendo are Writs for the admitting or removing of Gardians Reg. orig in indice Custom consuetudo is all one in signification with our Common Lawyers and Civilians being by them both accounted a part of the law Consuetudo quandoque pro lege servatur saith Bracton in partibus ubi fuerit more utentium approbata Longaevi enim temporis usus consuetudinis non est vilis authoritas lib. 1. cap. 3. It may be thus not unaptly defined Custome is a law or right not written which being established by long use and the consent of our Ancestors hath been and is daily practised our Ancestors that is majores and those of our kindred that are Ultra tritavum lib. 4. § parentem Ï€. de in jus vocando lib. ult § parentes Ï€. de gradibus affini nominibus eorum So that allowing the father to be so much older than his son as pubertas or the years of generation do require the Grandfather so much elder than him and fo forth usque ad tritavum we cannot say that this or that is a Custome except we can justifie that it hath continued so one hundred years For tritavus must be so much elder than the party that pleadeth it yet because that is hard to prove it is enough for the proof of a Custome by witnesse in the Common law as I have credibly heard if 2 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 proved by record the continuance of a hundred years will serve Custome is either general or particular General I call that which is current thorow England whereof you shall read divers in the Doctor and Student lib. pri c. 7. very worthy to be known Particular is that which belongeth to this or that County as Gravelkind to Kent or to this or that Lordship City or Town Custome differeth from Prescription for that cuâ—ome iâ— common to more and Prescription in some mens opinion is particular to this or to that man Again Prescription may be for a farre shorter time than a Custome viz. for five years or for one year or lesse Example of five years Prescription you have in the levying of a Fine For if a Fine duly levied of Lands and Tenements be not impugned within five years it excludeth all claim for ever And if a man omit his continual claim for a year and a day then the Tenent in possession prescribeth an immunity against the entry of the Demandant his Heir Fitz. nat br fol. 79. Terms of the law verbo continual claim Out of our statutes you may have greater diversity which see collected in mine Institutes titulo de Usucapio longi tempo praescript So that Brissonius in his 14 de verbo signif seemeth to say truly that Prescription is an exception founded upon so long time run and past as the Law limiteth for the pursute of any action An example may be taken from those statutes anno 1 H. 8. cap. 4. which enacteth that in all action popular information shall be made within three years after the offence committed or else be of no force Of like nature is the Statute anno 7 H. 8. cap. 3. which in some cases maketh one years prescription sufficient against informations Custome is also used for the tribute or tolle that Merchants pay to the King for cartying in and out Merchandise anno 14 Ed. 3. stat 1. cap. 21. in which signification it is Latined Custuma Register orig fol. 138. a. r 29. a. And lastly for such services as Tenents of a Mannor owe unto their Lord New book of Entries verbo Custome Customary tenents tenentes per consuetudinem are such Tenents as hold by the Custom of the Mannor as their special evidence See Copie-holds Custos brevium is the principal Clerk belonging to the Court of Common Plees whose office is to receive and keep all the Writs and put them upon files every return by it self and at the end of every Term to receive of the Protonotaries all the Records of Nisi prius called the postea For they are first brought in by the Clerk of Assise of every circuit to the Protonotary that entred the issue in that matter for the entring of the Judgement And then do the Pronotaries get of the Court peremptory day for every party to speak what he hath to allege in arrest of Judgement which day being past he entreth the Verdict and Judgement thereupon into the rols of the Court and that done he doth in the end of the Term deliver over to the Custos brevium all the Records of
Those of the new foundation are by a shorter course installed by vertue of the Kings Letters Patents without either election or confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chapels as the Dean of the Kings Chappel the Dean of the Arches the Dean of Saint George his Chapel in Windfor the Dean of Bocking in Essex Debet solet These words are divers times used in the Writers of the Common law and may trouble the mind of a young Student except he have some advertisement of them For example it is said in the Old nat br fol. 98. This Writ de secta molindini being in the debet and solet is a Writ of right c. and again fol. 69. A Writ of Quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and in the solet or the debet without the solet according as the Demandant claimeth Wherefore note that those Writs that be in this sort brought have these words in them as formal words not be omitted And according to the diversity of the case both debet and solet are used or debet alone that is if a man sue to recover any right by a Writ whereof his Ancester was disseised by the Tenant or his Ancestor then he useth onely the word debet in his Writ because solet is not fit by reason his Ancestor was disseised and the custome discontinued but if he sue for any thing that is now first of all denied him then he useth both these words debet solet because his Ancestors before him and he himself usually injoyed the thing sued for as sute to a Mill or common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appeareth by the Regist orig in the Writ de debito fol. 140. a. Debito is a VVrit which lyeth where a man oweth to another a certain summe of money upon an Obligation or other bargain for any thing sold unto him Fitzh nat br fol. 119. This VVrit is made sometime in the Detinet and not in the Debet which properly falleth out where a manoweth an Annuitie â—or a certain quantitie of wheat barley or such like which he refuseth to pay Old nat br fol. 75. See Debet Solet Denelage Denelagia is the law that the Danes made here in England out of which and Merchenlage and West-Saxonlage the Conquerour compounded certain ordinances for his subjects Camdeni Britan. pag. 94. pag. 183. Decens tales See Tales Decies tantum is a VVrit that lyeth against a Jurour which hath taken money for the giving of his Verdict called so of the effect because it is to recover ten times so much as he took It lieth also against Embracers that procure such an Enquest anno 38 Ed. 3. cap. 13. Reg. orig fol. 188. Fitzh nat br fol. 171. New book of Entries verbo Decies tantum Deceit deceptio fraus dolus is a subtile wily shift or devise having no other name Hereunto may be drawn all maner of craft subtilty guile fraud wylinesse slightnesse cunning covin collusion practice and offence used to deceive another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decanniers See Deciners Deceptione is a VVrit that lyeth properly against him that deceitfully doth any thing in the name of another for one that receiveth harm or Dammage thereby Fitzh nat br fol. 95. This VVrit is either original or judicial as appeareth by the Old nat br fol. 50. where you may read the use of both For some satisfaction take these words of that book This VVrit of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise evil intreated as it appeareth by the Register c. And when it is judicial then it lieth out of the Rolls of Record as in case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff return the Writ served whereas the said man was not warned by which the party that sueth the scire facias recovereth then the party which ought to have been warned shall have the said Writ against the Sheriff The Author of the Termes of Law verbo Deceit saith that the original VVrit of Deceit lieth where any Deceit is done to a man by another so that he hath not sufficiently performed his bargain or promise In the VVrit judicial he concurreth with the former book See the Reg. orig fol. 112. and the Reg. Judicial in the table verbo Deceptione Decintis solvendis pro possessionibus alienigenarune is a VVrit or Letters Patents yet extant in the Register which lay against those that had fermed the Priors aliens lands of the King for the Rector of the Parish to recover his tithe of them Regist orig fol. 179. Deciners aliâs desiners aliâs doziners decenarii cometh of the French dizeine i. decan ten in number or old of disenier i. decearchus It fignifieth in the ancient monuments of our law such as were wont to have the ouersight and check of ten Fribargs for the maintenance of the Kings peace And the limits or compalâ—e of their jurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also read Fleta lib. 1. cap. 27. and a touch in the Regist orig fol. 98. b. These seemed to have large authority in the Saxons time taking knowledg of causes within their Circuit and redressing wrongs by way of judgement as you may read in the Laws of King Edward set out by M. Lamberd 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 book in this manner VVe will that all those which be 14 years old shall make oath that they shall be sufficient and loyal unto us and that they will be neither Felons nor assenting to Felonsâ— and we will that all be endozeint plevis per dozeniers that is professe themselves to be of this or that Dozein and make or offer surety of their behaviour by these or those Doziniers except Religious persous Clerks Knights and their eldest Sons and Women Yet the same Author in his 29 Chapter something toward the end doth say that all of twelve years old and upward are punishable for not coming to the turn of the Sheriff Except Earls Prelates Barons Religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these words The like Law is where the Dozeniers make presentment that a Felon is taken for Felonie and delivered to the Sheriff c. And Kitchin out of the Register and Britton saith thus Religious persons Clerks Knights or VVomen shall not be Deceniers fol.
the bestowing or assuring of a Dower See Dower But it is sometime used Metaphorically for the setting forth or severing of a sufficient portion for a Vicar toward his perpetual maintenance when the Benefice is appropriateâ— See Appropriation And the Statute An. 15. R. 2. c. 5. Endowment de la plus belle parte is where a man dying seised of some lands holding in Knights service and other some in socage the Widow is sped of her Dower rather in the lands holding in soccage than Knights service Of this read Litleton more at large lib. 1. cap. 5. Enfranchisement cometh of the French Franchise i. libertas and is in a manner a French word of it self it signifieth in our Common law the incorporating of a man in any society or body politick For example he that by Charter is made Denizen of England is said to be infranchised and so is he that is made a Citizen of London or other City or Burgesse of any Town Corporate because he is made partaker of those liberties that appertain to the Corporation whereinto he is infranchised So a villain is infranchised when he is made free by his Lord and made capable of the benefits belonging to the free-men Englecerie Engleceria is an old abstract word signifying nothing else but to he an English-man For example if a man be privily slain or murdered he was in old time accounted Francigena which word comprehendeth every alien until Englecerie was proved that is until it were made manifest that he was an English-man A man may marvel what meaning there might be in this but Bracton cleareth the doubt who in his third book tract 2. cap. 15. num 3. telleth us that when Canutus the Danish King having setled his estate here in peace did at the request of our Barons disburden the land of his army wherein he accounted his greatest safety and conditioned with them that his Countrey-men which remained here should continue in peace and the more to secure that that for every Francigena under which word as is above said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be levied to his Treasurie 66 marks out of the village where the murther was committed or out of the Hundred if the Village were not able to pay it and further that every man murthered should be accounted Francigena except Englecery were proved which how it was to be proved look the seventh Number in the same Chapter And see also Horns mirrour of Justices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Engleceris for the abuses and troubles that afterward were perceived to grow by it was clean taken away by a Statute made Anno 14. Edward 3. capite quarto Enheritance See Inheritance Enquest Inquifitio is all one in writing with the French word and all one in signification both with the French and Latine Howbeit it is especially taken for that inquisition that neither the Romans nor French men ever had use of that I can learn And that is the Enquest of Jurors or by Jurie which is the most usual trial of all causes both Civil and Criminal in our realm For in causes Civil after proof is made on either side so much as each party thinketh good for himself if the doubt be in the fact it is referred to the discretion of twelve indifferent men empaneled by the Sheriff for the purpose and as they bring in their Verdict so judgement passeth For the Judge faith the Jurie findeth the fact thus then is the Law thus and so we judge For the Enquest in causes criminal see Jurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An Enquest is either of office or at the mise of the party Stawn pl. cor lib. cap. 12. Entendment cometh of the French entendiment i. intellectus ingenium It signifieth in our Common law so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayl feudum talliatum cometh of the French entaille i. inscisus and in our Common law is a substantive abstract signifying Fee-tail or Fee-intailed Litleton in the second Chapter of his Book draweth Fee-tail from the verb Talliare which whence it cometh or whether it will I know not whereas in truth it must come from the French taille i. sectura or tailler i. scindere secare And the reason is manifest because Fee-tail in the Law is nothing but Fee abridged scanted or currelled as you would say or limited and tyed to cettain conditions Taille in France is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorum lib. 3. cap. Talea See Fee See Tail 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 praejudicialis in the Civil Law that is the discussing of a point incidently falling out before the principal cause can take end For example two several persons being found Heirs to Land by two several offices in one Countie the King is brought in doubt to whether livery ought to be made and therefore before Livery be made to either they must enterplead that is formerly trie between themselves who is the right Heir Stawnf praeroga cap. 12. See more examples in Broke titulo Enterpleder Entire tenancie is contrary to several Tenencie signifying a sole possession in one man whereas the other signifieth joynt or common in more See Broke several Tenencie See the new book of Entries verbo Entier tenancie Entry Ingressus cometh of the French entree i. introitus ingressus aditus and properly signifieth in our Common law the taking possession of Lands or Tenements See Plowden Assise of fresh force in London fol. 93. b. It is also used for a Writ of possession for the which see Ingressu And read West also parte 2. Symbol titulo Recoveries Sect. 2. 3. Who there sheweth for what things it lyeth and for what things it lyeth not Of this Britton in his 114. Chapter writeth to his effect The Writs of entry savour much of the right of poverty As for example some be to recover customes and services in the which are contained these two words solet debet as the Writs Quo jure Rationalibus divisis rationabili est overio with such like And in this place of entrie there be three degrees The first is where a man demandeth Land or Tenements of his own seisin after the Term is expired The second is where one demandeth Lands or Tenements let by another after the Term expired The third where one demandeth Lands or Tenements of that Tenent that had entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is withour degrees and in case of a
each journey Escuage certain is that which yearly payeth a certain rent in lieu of all services being no further bound than to pay his rent called a Knights-fee or the fourth part of a Knights-fee according to his land and this leeseth the nature of Knights service though it hold the name of Escuage being in effect Soccage Fitzh na br fol. 84. C. Esnecy Aesnecia is a prerogative given to the eldest Comparcener to chuse first after the inheritance is divided Fleta lib. 5. cap. 10. § in divisionem Esples Expletia seem to be the full profits that the ground or land yeeldeth as the Hay of the Meadowes the Feed of the Pasture the corn of the Earable the Rents Services and and such like issues Ingham It seemeth to proceed from the Latine Expleo The profits comprised under this word the Romans call properly accessiones Nam accessionem nomine intelliguntur ea gener aliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt lib. 2. Ï€. De in diem adjectio lib. 50. Ï€. Ad Trebel lib. 61. § hiis etiam Ï€. de furt See the new Terms of Law Esquier Armiger is in letters little altered from the French Esouier i. scutiger It signifieth with us a Gentleman or one that beareth arms as a testimony of his nobility and gentry S. Thomas Smith is of opinion that at the first these were Bearers of arms to Lords and Knights and by that had their name and dignity Indeed the French word is sometime translated Agaso that is a Boy to attend or keep a Horse and in old English Writers it is used for a Lackey or one that carrieth the Shield or Spear of a Knight Mast Cambden in his Britannia pag. 111. hath these words of them having spoken of Knights Hiis proximi fuere Armigeri qui scutiferi hominesque ad arma dicti qui vel à clypeis gentilitiis quae in nobilitatis insignia gestant vel quia principibus ma oribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo unicuique militi serviebant galeam clypeumque gestabant c. Hotoman in the sixth Chapter of his Disputations upon the Feodssaith that these which the French men cal Escuiers were 1 Military kind of vassal having jus scuti which is as much to say he there interpreteth himself as that they bare a Shield and in it the ensignes of their family in token of their Gentility or dignity Essendt quietum de telonio is a Writ that lyeth for Citizens and Burgesses of any City or Town that have a Charter or prescription to exempt them from tolle through the whole Realm if it chance they be any where exacted â—he same Fitz. nat br fol. 226. Reg. fol. 258. Essoin essonium cometh of the French essomè or exonniè i. causarius miles he that hath his presence forborn or excused upon any just cause as sicknesse or other incumbrance It signifieth in our Common Law and allegement of an excuse for him that is summoned or sought for to appear and answer to an Action real or to perform sute to a Court Baron upon just cause of absence It is as much as excusatio with the Civilians The causes that serve to essoin any man summoned be divers and infinite yet drawn to five heads whereof the first is ulira mare the second de terra sancta the third de malo veniendi which is also called the common Essoin the fourth is de malo lecti the fifth de servitio Regis For further knowledge of these I refer you to Glanvile in his whole first book and Bracton lib. 5. tract 2. per totum and Britton c. 122 123 124 125. and to Horns Mirrour of Justices lib. 1. cap. des Essoins who maketh mention of some more essoins touching the service of the King celestial then the rest do and of some other points not unworthy to be known Of these Essoins you may read further in Flet. l. 6. c. 8. seq and that these came to us from the Normans is well shewed by the Grand Custumary where you may find in a manner all said that our Lawyers have of this matter cap. 39 40 41 42 43 44 45. Essoins and profers anno 32 H. 8 cap. 21. See Profer Essonio de malo lecti is a Writ directed to the Sheriff for the sending of four lawful Knights to view one that hath essoined himself de malo lecti Regist. orig fol. 8. b. Establishment of dower seemeth to be the assurance of dower made to the Wife by the Husband or his friends before or at marriage And assignement is the setting it out by the Heir afterward according to the Establishment Britton cap. 102. 103. Estandard or Standard cometh of the French estandart or estandart i. signum vexillum It signifieth an Ensigne in war as well with us as with them But it is also used for the principal or standing measure of the King to the scantling whereof all the measures thorowout the Land are or ought to be framed by the Clerk of the Market Anlneger or orher Officer according to their functions For it was established by the Statute of Magna Charta an 6 H. 3. cap. 9. That there should be but one scantling of Weights and Measures through the whole Realm which is sithence confirmed by Aâ—co 14 Ed. 3. cap. 12. and many other Statutes as also that all should be fitted to the Standard sealed with the Kings Seal It is not called a Standard without great reason because it standeth constant and immoveable and hath all other Measures coming toward it for their conformity even as Souldiers in field have their Standard or Colours for their direction in their march or skirmish Of these Standards and Measures read Britton cap. 30. Estate cometh of the French estat i. conditio and signifieth especially in our Common law that Title or Interest which a man hath in Lands or Tenements as estate simple otherwise called Fee-simple and estate conditional or upon condition which is as Litleson saith libro 3. caput 5. either upon condition in Deed or upon condion in Law Estate upon condition in Deed is where a man by Deed indented infeoffeth another in Fee referving to him and to his Heirs yeerly a certain Rent payable at one Feast or at divers upon condition that if the Rent be behind c. that it shall be lawful to the Feoffor and to his Heires to enter in the Lands or Tenements c. Estate upon condition in Law is such as hath a consideration in the Law annexed to it though it be not specified in writing For example if a man grant to another by his Deed the Office of a Parkership for Term of his life this estate is upon condition in the Law or imployed by Law viz. if the Parker so long shall well and
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his Lands if he hold any by Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh not is the Guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service hold in capite or of another Lord or some of the King and some of another If of the King whether of the King alone or not all is one For the King in this case is Guardian to the heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold of a common Lord it is either of one alone or more if of one onely then is he Guardian of both person and Lands if of more then the Lord of whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the Land holdeth The second him that hath the right by his inheritance and seignorie Old nat br fol. 94. Then is there Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general 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 jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear 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 farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd 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 untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided 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 use the literal signification of his word apparelled but a naked Obligation giveth no action but by common assent And therefore it is necessary or needfull that every Obligation be apparelled And an obligation ought to be apparelled with these sive sorts of garnements c. Howbeit I read it generally used for a warning in many places and namely in Kitchin fol. 6. Garnisher le court is to warn the Court. And reasonable garnishment in the same place is nothing but reasonable warning and again fol. 283. and many other Authors also But this may be well thought a Metonymy of the effect because by the warning of parties to the Court the Court is furnished and adorned Garrantie See Warrantie Garter Garterium cometh of the French Jartiere or Jartier i. periscelis fascia poplitaria It signifieth with us both in divers Statutes and otherwise one especiall Garter being the ensigne of a great and Noble Society of Knights called Knights of the Garter And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Poeta among the Graecians was Homer among the Romans Virgil 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 upon good successe in a skirmish wherin the Kings Garter I know not upon what occasion was used for a token I know that Polydore Virgil casteth in another suspition of the originall But his grounds by his own confession grew from the Vulgar opinion yet as it is I will mention it as I have read it Edward the third King of England after he had obtained many great victories king John of France king James 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 upon no weighty occasion first erect this order in Anno 1350. viz. He danceing with the Queen and other Ladies of the Court took up a Garter that happened to fall from one of them whereat some of the Lords smiling the king said unto them That ere it were long hee would make that Garter to be of high reputation and shortly after instituted this order of the Blew Garter which every one of the order is bound dayly to wear being richly decked with Gold and precious stones and having these words written or wrought upon it Honi soit qui maly pence which is thus commonly interpreted Evill come to him that evil thinketh But I think it might be better thus Shame take him that thinketh evill See knights of the Garter M. Ferne in his glory of generosity agreeth with M. Camden and expressier setteth down the victories whence this order was occasioned whatsoever cause of beginning it had the order is inferior to none in the world consisting of 26. martial and heroical Nobles whereof the king or England is the chief and the rest be either Nobles of the Realm or Princes of other Countries friends and confederates with this Realm the Honour being such as Emperours and kings of other Nations have desired and thankfully accepted it he that will read more of this let him repair to M. Camden and Polydore and M. Ferne fol. 120. ubi supra The Ceremonies of the chapter proceeding to election of the investures and robes of his installation of his vow with all such other Observations see in M. Segars new book intituled Honour militarie and civill lib. 2. cap. 9. fol. 65. Garter also signifieth the principall kings at Armes among our English Heralds created by king Henry the fifth Stow. pag. 584. Garthman anno 13 R. 2. stat 1. ca. 19. anno 17. ejusd ca. 9. Gavelet is a special and antient kind of Cessavit used in Kent where the custome of Gavell kind continueth whereby the tenent shall forfeit his Lands and tenements to the Lord of whom he holdeth if he withdraw from him his due rents and services The new Expounder of Law Termes whom read more at large I read this word anno 10. Edw. 2 cap. unico where it appeareth to be a Writ used in the Hustings at London And I find by Fleta that it is used in other liberties as the Hustings of Winchester Lincolne York and the Cinque ports lib. 2. cap. 55. in principio Gavelkind is by M. Lamberd in his exposition of Saxon words verbo Terra et scripto compounded of three Saxon words gyfe cal cin omnibus cognatione proximis data But M. Verstegan in his restitution of his decayed intelligence cap. 3. called it Gavelkind quasi give all kind that is give to each child his part It signifieth in our Common law a custome whereby the Land of the Father is equally divided at his death amongst all his Sons or the Land of the Brother equally divided among the Brethren if he have no issue of his own Kitchin fol. 102. This custome is said to be of force in divers places of England but especially in Kent as the said Authour reporteth shewing also the cause why Kentish men rather use this custome than any other Province viz. because it was a composition made between the Conquerour and them after all England beside was conquered that they should enjoy their ancient customes whereof this was one For. M. Camden in his Britannia pag. 239. saith in expresse words thus Cantiani eâ lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque imprimis quam Gavelkind nominant Haec terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint adding more worth the noting viz. Hanc haereditatem cùm quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Hac filii parent thus furti damnatis in id genus fundis succedunt c. This custome in divers Gentlemens lands was altered at their own petition by Act of Parliament anno 31 H. 8. cap. 3. But it appeareth by 18 H. 6. cap. pri that in those dayes there were not above thirty or fourty persons in Kent that held by any other Tenure See the new Terms Gavelet and Gavelkind Gawgeour gaugeator seemeth to come of the French Gawchir i. in gyrum torquere It signifieth with us an Officer of the Kings appointed to examine all Tunnes Hogsheads Pipes Barrels and Tercians of Wine Oil Honey Butter and to give them a mark of allowance before they be sold in any place And because this mark is a circle made with an iron Instrument for that purpose It seemeth that from thence he taketh his name Of this Office you may find many Statutes the first whereof is anno 27 Ed. 3. commonly called the Statute of provision or Purveyours cap. 8. GE Geld signifieth with the
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only understood where a man hath inheritance of Lands and Tenements by descent of heritage but also every fee simple or fee tail that a man hath by his purchase may be said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis terminandum durante bene-placito nostro Teste c. And Bracton in the place now recited speaking of the Common Plees saith that Sine Warranto jurisdictionem non habet which I think is to be understood of a Commission under the great Seal This Court was first called the Kings Bench because the King sat as Judge in it in his proper Person and it was moveable with the Court. See anno 9 H. 3. cap. 11. More of the jurisdiction of this Court see in Crompton ubi supra See Kings Bench. The oath of the Justices see in the Statute anno 18 Edw. 3. stat 4. See Oatb Justice of common plees Justiciarius communium placitorum is also a Lord by his Office and is called Dominus Justiciarius communium placitorum and he with his assistants originally did hear and determine all causes at the Common law that is all civil causes between common persons as well personal as real for which cause it was called the Court of Common Plees in opposition to the Plees of the Crown or the Kings Plees which are special and appertaining to him only Of this and the Jurisdiction hereof see Cromptons jurisdiction fol. 91. This Court was alwayes setled in a place as appeareth by the Statute anno 9 H. 3. cap. 11. The oath of this Justice and his Associates see anno 18 Edw. 3. Stat. 4. See Oath Justice of the Forest Justiciarius 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 be two whereof the one hath jurisdiction over all the Forests on this side Trent the other of all beyond The chiefest point of their Jurisdiction consisteth upon the articles of the Kings Charter called Charta de Foresta made anno 9 H. 3. which was by the Barons hardly drawn from him to the mitigation of over cruel ordinances made by his predecessors Read M. Camdens Brit. pag. 214. See Protoforestarius The Court where this Justice sitteth and determineth is called the Justice seat of the Forest held every three years once whereof you may read your fill in M. Manwoods first part of Forest lawes pag. 121. 154. pag. 76. He is sometimes called Justice in Eyre of the Forest See the reason in Justice in Eyre This is the only Justice that may appoint a Deputy per statutum anno 32 H. 8. cap. 35. Justices of Assise Justiciarii ad capiendas Assisas are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises the ground of which polity was the ease of the Subjects For whereas these actions passe alway by Jury so many men might not without great hinderance be brought to London and therefore Justices for this purpose were by Commission particularly authorised and sent down to them And it may seem that the Justices of the Common Plees had no power to deal in this kind of businesse until the statute made anno 8 Richard 2. cap. 2. for by that they are enabled to take Assises and to deliver Gaols And the Justices of the kings Bench have by that Statute such power affirmed unto them as they had one hundred years before that Time hath taught by experience that the better sort of Lawyers being fittest both to judge and to plead may hardly be spared in term time to ride into the Countrey about such businesse and therefore of later years it is come to passe that these commissions ad capiendas Assisas are driven to these two times in the year out of term when the Justices and other may be at leasure for these Controversies also wherupon it is also fallen out that the matters wont to be heard by more general Commission of Justices in Eyr are heard all at one time with these Assises which was not so of old as appeareth by Bracton l. 3. c. 7. 2. nu Habet etiam Justiciarios itinerantes de Comitatu in Comitatum quandoque adomnia placita quandoque ad quaedam specialia sicut Assisas c. et ad Gaolas deliberandas quandoque ad unicam vel duas non plures And by this means the Justices of both Benches being justly to be accounted the fittest of all others others their Assistants as also the Sergeant at law may be imployed in these affaires who as gravest in years so are they ripest in judgement and therefore likest to be void of partiality for being called to this dignity they give over practice anno 8 R. 2. cap. 3. but this alway to be remembred that neither Justice of either Bench nor any other may be Justice of Assise in his own Countrey anno 8 R. 2. cap. 2. anno 33 H. 8. cap. 24. Lastly note that in these dayes though the self same men disparch businesse of so divers natures and all at one time which were wont to be performed by divers and at severall times yet they doe it by several commissions Cromptons jurisdictions fol. 210. For those who be in one word called Justices of Circuit and twice every year passe by two and two through all England have one Commission to take Assises another to deliver Gaols another of Oyer and Terminer That Justices of Assise and Justices in Eyre did antiently differ it appeareth anno 27 Ed. 3. cap. 5. and that Justices of Assise and Justices of Gaol delivery were divers it is evident by anno 4 Ed. 3. cap. 3. The oath taken by Justices of Assise is all one with the oath taken by the Justices of the Kings Bench. Old abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of Oyer and Terminer Justiciarii ad audiâ—ndum Terminandum were Justices deputed upon some especial or extraordinary occasion to hear and deter mine some or more causes Fitzherbert in his natura brevium saith that the Commission a'Oyer and Terminer is directed to certain persons upon any great assembly insurrections hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely weighed is provided by the Statute anno 2 Ed. 3. cap. 2. that no such commission ought to be granted but that they shall be dispatched before the Justices of the one Bench or other or Justices errants except for horrible trespasses and that by the special favour of the King The form of this commission see in Fitzh natur brev fol. 110. Justices in Eyre Justiciarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis itineribus proverbially spoken the use of these in antient time was to send them with Commission into divers Counties to hear such causes especially as were termed the Plees of the Crown and therefore I must imagine they were so sent abroad for the ease of the Subjects who must else have been
do it And therefore whereas the Rhetoricians comprise all the substance of their discourses under three Questions An sit quid sit quale sit this Answer falleth under the first of the three all other Answers are under one of the other two And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the sute of the King or other wherein the Defendant denyeth the crime objected unto him See the New Book of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an Answer to a Declaration wherby a man denyeth that to be his Deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento sine brevi is a Writ to inhibit Bailiffs c. from distreining any man without the Kings Writ touching his Freehold Register fol. 171. b. Non intromittendo quando breve praecipe in capite subdolè impetratur is a Writ directed to Iustices of the Bench or in Eyr willing them not to give one hearing that hath under the colour of intitling the King to Land c. as holding of him in Capite deceitfully obtained the Writ called Praecipe in capite but to put him to this Writ of Right if he think good to use it Register original fol. 4. b. Non Mercandizando victualia in a Writ directed to the Justices of Assise commanding them to inquire whether the Officers of such a Town do sell Victuals in gross or by retayl during their Office contrary to the Statute and to punish them if they find it true Regist fol. 184. Non molestando is a Writ that lyeth for him which is molested contrary to the Kings Protection granted him Register fol. 24. Non omittas is a Writ lying where the Sheriff delivereth a former Writ to a Bayliff of a Franchise within the which the party on whom it is to be served dwelleth and the Bayliff neglecteth to serve it for in this Case the Sheriff returning that he delivered it to the Bayliff this shall be directed to the Sheriff charging him himself to execute the Kings commandement Old nat brev fol. 44. of this the Regist. orig hath three sorts fol. 82. b. 151. and the Register judic one folio 5 56. Non penendo in Assisis Juratis is a Writ founded upon the Stat. Westm 2. ca. 38. and the stat Articuli super Chartas cap. 9. which is granted upon divers causes to men for the freeing them from Assises and Juries See Fitz. nat brev fol. 165. See the Regist fol. 179 100 181 183. Non precedendo ad Assisam Rege inconsulto is a writ to stop the Tryal of a Cause appertaining unto one that is in the Kings service â— c. untill the Kings pleasure be farther known Register fol. 220. a. Non residentia pro clericis regis is a Writ directed to the Ordinary sharging him not to molest a Clerk imployed in the Kings service by reason of his non residence Regist orig folio 58. b. Non sute is a renunciation of the sute by the Plaintiff or demandant when the matter is so far proceeded in as the Jury is ready at the Bar to deliver their verdict anno 2 H. 4. cap. 7. See the New Book of Entries verbo Non-sute The Civilians term it Litis renunciationein Non solvendo pecuniam ad quam Clericus muâ—ctatur pro non residentia is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the King for Non-residence Reg. orig fol. 59. Non-tenure is an exception to a count by saying that he holdeth not the Land specified in the count or at the least some part of it anno 25 Edw. 3. statut 4. cap. 16 West parte 2. Symbol titulo Fines Sect. 138. maketh mention of Non tenure general and Non tenure special See the New Book of Entries Verbo Non tenure where it is said that especial Non tenure is an exception alleging that he was not Tenent the day whereon the writ was purchased Non tenure general is then by Likelyhood where one denyeth himself ever to have been Tenent to the Land in question Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae is on exception taken to any Act declared by the Plaintiff or Demandant to be done by another whereupon he groundeth his Plaint or Demand And the Contents of this Exception be that the party that did that Act being himself or any other was not well in his wits or mad when he did it See the New Book of Entries titulo nonsane memorie and Dum non fuit compos mentis See also supra Non compos mentis Non term non terminus is the time of Vacation between Term and Term. It was wont to be called the times or days of the Kings peace Lamb. Archaiono fol. 126. and what these were in the time of King Edward the Confessour see there This time was called Justicium or Feriae among the Romans or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotiis jure dicendo vacabat Earum autem aliae solennes erant alia repentinae Brisson de verb. signif lib. 6. vide Wesenbec paratit De Feriis num 6. Note of â— Fine nota finis is a brief of a fine made by the Chirographer before it be ingrossed The form whereof see in West parte 2. Symbol titulo Fines Section 117. Novel assignment nova assignatio is an assignment of time or place or such like otherwise than as it was before assigned In Brook you may find these words in effect titulo Deputy num 12. See novel assignment of Trespass in a new place after Bar pleaded Brock tit Trespass 122. and novel assignment in a Writ de ejectione custodiae titulo Ejectione custodiae num 7. See Assignment NU Nuae mater See Mater Nunne Nonna is the French word nonnain or nonne something altered which signifieth a holy or confecrated Virgin or a woman that hath by vow bound her self to a single and chaste life in some place and Company of other women seperated from the world and addicted to an especial service of God by Prayer Fasting and such like holy exercises If we would know whence this word came into France Saint Hierome maketh it an Aegyptian word as Hospinian recordeth of him in this Book De origine progressu monachatus fol. 2. Nuper obiit is a Writ that lyeth for a Co-heir being deforced by her Co-heir of Lands or Tenements whereof the Grandfather Father Uncle or Brother to them both or any other their Common Ancesters died seised of an Estate in Fee-simple See the form of the Writ Origin Regist fol. 226 c. Fitzh nat brev fol. 197. If the Ancestor died sessed in Fee tail then the Co-heir deforced shall have a Formedon Idem
portionis is a Writ that lyeth for a joint renent or renent in Common that is distreyned for more rent than the proportion of the Land commeth unto Reg. orig fol. 182. b. OP Open Law Lex manifesta Lex apparens is making of Law which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions except they have Witnesses to prove their imputation OR Orchel anno 1 R. 3. cap. 8. Orchall anno 24 H. 8. cap. 2. anno 3 4 Ed. 6. cap. 2. seemetst to be all one with Cork Ordinance of the Forest Ordinatio Forestae is a Statute made touching Forest causes in the 34 year of Edward 1. See Assise Ordinary Ordinarius though in the Civil law whence the word is taken it doth signifie any Judge that hath authority to take knowledge of Causes in his own right as he is a Magistrate and not by deputation yet in our Common law it is most commonly and for ought I remember alway taken for him that hath ordinary jurisdiction in causes Ecclesiastical See Brook hoc titulo Linwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo et aliis superioribus qui soli sunt universales in suis ju isdictionibus sed sunt sub eo aliâ—ordinarii hii viz. quibus competit jurisdictio ordinaria de jure privilegio vgl consuetudine c. v. c. Ordinatione contra servientes is a Writ that lyeth against a Servant for leaving his Master against the Statute Register original fol. 189. Ordel Ordalium is a Saxon word signifying as much as Judgement in some mens opinions compounded of two Saxon words or a privative as a in Greek and dael 1. pars It signifieth as much as expers but it is artificially used for a kind of purgation practised in antient times whereby the party purged was judged expers criminis called in the Canon law purgatio vulgaris and utterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were used in it Of this you may like wise read Holinshed in his description of Britain fol. 98. and also M. Manwood parte pri of his Forest laws pag. 15. But of all the rest Hotoman especially disput de feud p. 41. where of five kind of proofs which he calleth feudales probationes he maketh this the fourth calling it explorationem et hujus furiosae probationis 6. genera fuisse animadvertit per flammam per aquam perferrum candens per aquam vel gelidam vel ferventem per sortes et per corpus Domini of all which he allegeth several exemples out of History very worthy the reading See M. Skene also de verbor significatione verbo Machamium This seemeth to have been in use here with us in Henry the seconds dayes as appeareth by Glanvile lib. 14. c. 1 2. Read also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seq Orfgild aliis Cheapegeld is a restitution made by the Hundred or County of any wrong done by one that was in plegio Lamberd Archaion page 125. 126. Org is anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now a daies called Organ ling. Oredelf is a liberty whereby a man claimeth the Ore found in his soyl New exposition of Termes Ortelli is a word used in the book termed pupilla oculi in the chapter containing the Charter of the Forest parte 5. cap. 22. and signifyeth the clawes of a dogs foot being taken from the French orteils des pieds i. digiti pedum the Toes OS Osmonds anno 32. Henr. 8. cap. 14. OT Oth of the King Juramentum Regis is that which the King taketh at his Coronation which in Bract. is set down in these words Debet Rex in coronatione sua in nomine Jesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse praecepturum pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur Secundò ut rapacitates et omnes inquietates omnibus gradibus interdicat Tertiò ut in omnibus judciis aequitatem praecipat misericordiam ut indulgeat ei suam misericordiam clemens misericors Dens ut per justitiam suam firma gaudeant pace universi And in the old abridgment of Statutes set out in King Henry the eighths dayes I find it thus described This is the oath that the King shall swear at his Coronation That he shall keep and maintain the right and the liberties of the Holy Church of old time granted by the righteous Christian Kings of England and that hee shall keep all the Lands Honours and Dignities righteous and free of the Crown of England in all manner whole without any manner of minishment and the rights of Crown hurt decayed or lost to his power shall call again into the ancient estate and that he shall keep 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 judgements equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and customes of the Realm and to his power keep them and affiem them which the folke and people have made and chosen and the evill Lawes and customes wholey to put out and stedfast and stable peace to the people of this Realm keep and cause to be kept to his power and that hee shall grant no Charter but where he may doe it by his oath All this I find in the foresaid Book titulo Sacramentum Regit and Charter of Pardon quinto Oth of the Kings Justices is That they well and truly shall serve the King and that they shall not assent to things that may turn to his dammage or disinheritance Nor that they shall take no fee nor livery of none but the King Nor that they shall take gift or reward of none that hath adoe before them except it be meat and drink of small value as long as the plce is hanging before them nor after for the cause Nor that they shall give counsell to none in matter that may touch the King upon pain to be at the Kings will body and goods And that they shall doe right to every person notwithstanding the Kings Letters c. Anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. ejusdem statuâ—o perse Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani and Legate for the Pope here in England anno 22 H. 3. whose constitutions we have at this day Stows An. p. 303. and see the first constitution of the said Legat Othobonus was a Deacon Cardinal
three morsells of barley bread without drink and the second day he shall have drink three times and as much at each time as he can drink of the water next unto the prison door except it be running water without any bread And this shall be his dyet untill he die Palatin See County Palatin See Cassan de consuctud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum cometh of the French panne i. pellis or paneau a piece or pain as wee call it in English It signifieth in our common law a shedule or rolle containing the names of such Iurors as the Shyreeve provideth to passe upon any triall Register orig fol. 223. a. Kitchin fol. 266. See Broke hoc titulo And thereupon the empannelling of a Iury is nothing but the entering of them into the Shyreeves rolle or book Paunage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Parramounte aliâs peremounte cometh of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenant to a Lord that holdeth over of another Lord and the former of those is called Lord mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 289 consisteth only in comparison as one man may be great being compared with a lesser and little being compared with a greater and as Genus among Logicians may be in divers respects both genus species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is Patron paramount to all the benefices in England Doctor and student ca. 36. See Paravaile Maner and Fee Paravail alias Peravaile is compounded of two French words par i. per and aveller i. dimitteree demittere It signifieth in our common Law the lowest Tenant or him that is tenant to one who holdeth his fee over of another So is it used pl. cor fol. 197. Fitzh nat br fol. 135 M. See Paramounte See Mesn Parcellmakers are two officers in the eschequer that make the parcells of the escheators accompts wherein they charge them with every thing they have levyed for the Kings use within the time of their office and deliver the same to one of the Auditors of the court to make an accompt of the escheator thereof Parceners See Coparceners Parcinarie participatio cometh of the French partir i. dividuum facere It signifieth in our common Law a holding or occupying of land by more pro indiviso or by joynt tenants otherwise called Coparceners of the French parsonier i. parciarius particeps For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in parcinarie Litl fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the ancient Romans particulones sic enim anthore Nonio à veteribus cohaeredes inter se dicebantur quod paries invicem facerent Spigelius Pardon pardonatio is a French word signifying as much as pax venia gratia It is used most notoriously in our common Law for the remitting or forgiving of a felonious or other offence committed against the King This pardon is two-fold one ex gratia Regis the other per cours de ley by course of law Stawnf pl. cor fol. 47. Pardon ex gratia Regis is that which the King in some speciall regard of the person or other circumstance sheweth or affordeth upon his absolute prerogative or power Pardon by course of Law is that which the law in equity affordeth for a light offence as homicide casuall when one killeth a man having no such meaning Westm parte 2. symbel titulo Inditements sect 46. Of this see the new book of Entries verba Pardon Pardoners anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report incensed the people of Germany in his time exhorting them ne merees tam viles tantiemerent Park parcus cometh of the French parquer i vallo vel fossa cicundare It signifieth with us a piece of ground inclosed and stored with wild beasts of chase Which a man may have by prescription or the Kings grant Cromptons Jurisd fol. 148. M. Manwood parte pri of his Forest laws pag. 148. defineth it thus A park is a place for privilege for wild beasts of venery and also for other wild beasts that are beasts of the Forest and of the chase tam sylvestres quam campestres And all those wild beasts are to have a firm peace and protection there So that no man may hurt or chase them within the park without license of the owner of the same Who also fol. 149. saith thus A park is of another nature than either a chase or a warren is For a park must be inclosed and may not lie open 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 inclosed And moreover the owner cannot have an action against such as hunt in his park if it lie open See Forest See Chase See Warren This word Park Baldwinus deriveth à paradiso enmque locum esse dicit in quo varia animalia ad usum voluptatis aut venationis includuntur possidentur adempta naturali libertate Adtis 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 trespasse done upon another mans ground are lawfully impounded Register original fol. 166. Fitzh nat br fol. 100. Parish parochia cometh of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Accolarnm conventus accolaius sacra vicinia it is used in the Canon law sometime for a Bishoprick But in our common Law it signifieth the particular charge of a secular Priest For every Church is either Cathedrall Coven nal or parochiall Cathedrall is that where there is a Bishop seated so called à Cathedra Coventual consisteth of Regular Clerks professing some order of religion or of Deane chapter or other college of spiritual men Parochial is that which is instituted for the sayingof divine Service ministring the holy Sacraments to the people dwelling within a certain compass of ground neer unto it Our Realm was first divided into Parishes by Honorius Archb. of Canterbury in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis cap. 2. maketh mention of this word parochia out of Pomponius Letus in these words Nam sic quoque Pomponins Letus veâ—eâ—em consuetudinem fuisse scribit
Mines fol. 322. a. to be received in a sute before issue joyned upon an ayde prier Idem casu Dutchy of Lancaster fol 221. b. to be never in nonage codem f. 218. b. that a man indicted may not wage battel with him Idem casu nimes fol. 335. b. that no man upon any right may enter upon him being in possession but must be put to sute Dyer f. 139. nu 33 to seise the lands of his tenents that alienate without license Plowd casu Mines fol. 322. a. that no subject may wage his law against him Broke chose in action 9 Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his ward before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies c. f. 79. a. not to find pledges for the persecuting of any action For he cannot be amerced Fitzh na br f. 31. F. fo 47. C. To sue in what Court he will Fitz. na b. f. 7. B. 32. E. To sue the writ Ne adm ttas after 6 months Reg. or f. 31. a. That a mans villain having remained in his ancient demesn by the space of a year may not be recovered by the writ de nativo habendo Fitzh nat br fol. 79. A. To grant an office with the habendam post mortem alterius Dyer fol. 295. nu 1. to shorten the ordinary time of summons being 15 daies in writ of right Brit. ca. 121. To give what honour or place he listeth to his subjects anno 31 H. 8. cap. 10. To be owner of a forest See Forest To have free warren See Warren Not to be owted of his freehold Cromptons justice of peace fol. 59. b. et 16. a. To araign a man being both a Traitor and a Felon rather upon the Treason than upon the Felony because he may have the whole Escheats idem eodem fol. 99. a. To warrant the day of appearance to his subject being in his service and summoned to appear at a day certain Fitzh nat br fol. 17. a. Divers of these and many others did belong fisco imperatorum which you may find in the Digest de jure fisci et Co. lib. 10. tit 1. Besides these also many moe may be observed to belong unto our King out of the laws which I leave to their collection which are of longer reading and more painfull industry Prerogative of the Archbishop of Canterbury or York prerogativa Archiepiscopi Cantuariensis seu Eboracensis is an especial preeminence that these Sees have in certain cases above ordinary Bishops within their Provinces And that of the Archbishop of Canterbury principally consisteth of these points First in the confirmation of all elections made of Bishops by the Dean and Chapter of all Cathedral Churches as also the consecration of them Next in a power of visiting his whole Province of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiving appeals from their Courts of assigning coadjutors to those Bishops that grow weak and insufficient to discharge their function of appointing Vicars general to those that have either none or an insufficient man employed in that office and of dispensing in all Ecclesiastical cases wherein the laws bear dispensation of taking oath of every Bishop at his confirmation to perform canonical obedience unto the See of Canterbury But these seem to belong unto him by an ordinary Archiepiscopal authority Certain other things there be that appertain unto him more than ordinarily to other Archbishops as the original calling of any person in any cause belonging to spiritual jurisdiction out of any part of his Province though not appealed But this point is now limited by the Statute made anno 23 H. 8. cap. 9. The receiving of an appeal from the lowest Judge Ecclesiastical within his Province immediately The appointing of a Keeper or Guardian of the spiritualties during the vacancy of any Bishoprick By which means all Episcopal rites of the Diocess for that time do belong unto him as Visitation Institution to benefices and such like The visitation of every Dioces within his province when and in what order it pleaseth him As also of all other privileged Churches The probat of Testaments and granting of Administrations in case where the party deceased hath goods of any considerable value out of the Diocess wherein he dyeth And that value is ordinarily five pounds except it be otherwise by composition between the said Archbishop and some other Bishop as in the Diocess of London it is ten pounds The probat of every Bishops Testament or the administration of his goods dying intestate though not having any goods chattels or debts without the compass of his own jurisdiction The bestowing of any one dignity or Prebend in any Cathedral church upon the creation of a new Bishop that himself thinketh good to make choice of There may be more particulars of this prerogative that I know not but these may be sufficient to express the thing that I desire to declare Who so desireth to read these more more at large and other privileges of this Church in temporal matters may resort to the book intituled De antiquitate Britannicae Ecclesia nominatim de privilegiis Ecclesiae Cantuariensis historia and especially to the eighth chapter of the said book pa. 25. Prerogative Court curia Praerogativa Archiepiscopi Cantuariensis is the Court wherein all Wills be proved and all Administrations taken that belong to the Archbishop by his prerogative which see in Prerogative And if any contention do grow between two or more touching any such Will or Administration the cause is properly debated and determined in this Court The Judge of this court is called Judex Curia praerogativâ— Cantuariensis The Archbishop of York hath also the like power and court which is termed his Exchequer but far inferiour to this in countenance and profit Prescription praescriptio is a course or use 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 particular person hath particular right against another particular person And custom is where by continuance of time beyond memomory divers persons have gotten a right with whom agreeth Sir Edward Coke lib. 4. fol. 32. a. And usage 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 Civil law so I think likewise in the common Prescription may be in a shorter time As for example where the Statute anno 1 H. 8. cap. 9. saith that all actions popular must be sued within three years after the offence committed and the Statute anno 7 ejusdem cap. 3. That four years being past after the offence committed in one case and one year in another no sute can be commenced
and the Statute 31 Elizabeth cap. 5. saith by way of correcting the two former Statutes that all actions c. brought upon any Statute the penalty whereof belongeth to the King shall be brought within two years after the offence committed or else be void And the statute anno 39 Eliz. cap. prim secund saith that actions brought after two years by any common person or after three years by the King alone for decay of husbandry or tillage shall be of no force Whosoever offendeth against any such statute and doth escape uncalled for two years or three years in one case of the two later of these three statutes may justly be said to have prescribed an immunity against that action The like may be said of the statute made anno 23 Elizabeth cap. primo which saith that all offences comprised in that statute made in the 13 year of Elizab. cap. 2. are inquirable before both Justices of peace and of Assise within one year and a day after the offence committed Also the title that a man obtaineth by the passing of five years after a fine acknowledged of any land or tenements may justly be said to be obtained by prescription And whereas the Statute anno 8 R. 2. ca. 4. saith that a Iudge or Clerk convicted for false entring of plees c. may be fined within two years the two years being ended he prescribeth against the punishment of the said Statute and whereas the Statute anno 11 H. 7. saith that he which will complain of maintenance or embracery whereby perjury is committed by a lury must do it within six daies those six daies ended the parties prescribe and whereas the Statute anno 5 Ed. 6. saith that a man being not indicted within 3 months of any offences there mentioned touching Service and Sacraments he shall be clear from thence forward the three months 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 three years And whereas it is ordained by the statute anno 8 H. 6. cap. 9. that those which keep possession of lands by force after 3 years possession held by themselves and their ancestors shall not be subject to the arbitrament of Disseisours there set down I hold this a prescription likewise against those censures v. anno 23 H. 6. cap. 15. Lastly a servant prescribeth liberty after a year Bracton li. 1. ca. 10. nu 3. and the right that is gotten in any Stray to a Lord of a manor no man claiming it within the year and day after proclamation made is an usucapion or prescription See Action perpetual and temporal And see Cromptons Justice of peace fol. 173. b. ubi habebis festum But see one rule for all in Lam. Eirenarch lib. 4. cap. 5. pag. 469. Of this prescription and the learning touching the same you may read a solemn report in S. Edwards Cooks Luttrels case vol. 4. f. 84. b. seq Presentation Praesentatio is used properly for the act of a patron offering his Clerk to the Bishop to be instituted in a benefice of his gift the form whereof see in the Register original fol. 322. a. Presentment is a meer denunciation of the Iurors themselves or some other Officer as Iustice Constable Searcher Surveyours c. without any information of an offence inquirable in the Court whereunto it is presented See Lamberd Eirenarcha lib. 4. cap. 5. pag. 467. President praeses is used in the Common law for the Kings Lieutenant in any Province or Function as President of Wales of York Barwick Presient of the Kings Councel Anno 22 Hen. 8. cap. 8. anno 24 Hen. 8. cap. 3 14. Preignotary Protonotarius is a word that seemeth to be made either of two French words prime or primâ—er i. primus and Notaire i. Notarius tabellio Or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borrowed from the later Romans who made his name of half Greek and half Latine viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is used in our Common law for the chief Clerks of the Kings Courts whereof three be of the Common plees and one of the Kings Bench. For the Pregnotary of the Common plees anno 5 H. 4. cap. 14. is tearmed the chief Clerk of that Court He of the Kings Bench recordeth all actions civil sued in that Court as the Clerk of the Crown-office doth all criminal causes Those of the Common plees do enter and inroll all manner of Declarations pleadings assises and judgements and all actions the same term that the apparence is made Also they make out all judicial writs as the Venire facias after issues joyned and Habeas corpus for the bringing in of the Jury after it is returned upon the Venire facias They also make forth writs of executions and of seisin writs of Supersedeas for appearance to Exigents as well as the Exigents and writs of privileges for removing of causes from other inferiour Courts of Record in case where the party hath cause of privilege Also writs of Procedendo of Scire facias in all cases and writs to enquire of dammages and all process upon prohibitions and upon writs of Audita quaerela and false judgement Finally they inroll all Recognisances acknowledged in that Court and all common Recoveries and may make exemplifications of any record the same term before the roles be delivered from them Prender commeth of the French trendere i. accipere acceptare capere prehendere It signifieth in our Common law sometime a power or right to take a thing before it be offered as such things as lye in Prender or such as lye in render West parte 2. titule Fines Sect. 126. where you have these words If the Lord grant the services of his Tenent by fine or otherwise the Lord before atturnment shall have such things as lye in Prender as the ward of the body of the heir and of the Land escheats c. but not such things as lye in render as rents and reliefs heriots and other services For he cannot avow for them before the attournment Prender de Baron signifieth literally in barbarous French to take a Husband But it is used in our Common law as an exception to disable a woman from pursuing an Appeal of murder against the Killer of her former Husband Stawnf pl. cor lib. 3. cap. 59. The reason whereof whether it be because by her second mariage she may justly be thought to have given up the interest she had in her former husband or for that she is now covert again or for both I leave to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantively the taking of the profits See Cromptons jurisdict folio 185. See Pernour of profits Prest is used for some
want of heirs c. Privy seal privatum sigillum is a seal that the King useth sometime for a warrant whereby things passed the privy signet and brought to it are sent farther to be confirmed by the great Seal of England sometime for the strength or credit of other things written upon occasions more transitory and of less continuance than those be that pass the great seal Privilege privilegium is defined by Cicero in his Oration pro domo sua to be lex privata homini irrogata Frerotus in paratit lis ad titulum decretalâ—um de privilegiis thus defineth it privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur cap. priv legia distinct 3. priva enim veteres dixere quae nos singula dicimus Infit Agellius li. 10. ca. 20. Idiòque privilegia modò beneficia modò personales constitutiones dicuntur c. It is used so likewise in our Common law and sometimes for the place that hath any special immunity Kitchin fo 118. in the words where debters make feigne dgifts and feoffments of their land and goods to their friends and others and betake themselves to privileges c. Privilege is either personal or real a personal privilege is that which is granted to any person either against or beside the course of the Common law as for example a person called to be one of the Parliament may not be arested either himself or any of his attendance during the time of the Parliament A privilege real is that which is granted to a place as to the Universities that none of either may be called to Westminster hall upon any contract made within their own precincts And one towards the Court of Chancery cannot originally be called to any Court but to the Chancery certain cases excepted If he be he will remove it by writ of Privilege grounded upon the statute anno 18 Edward the third See the new book of Entries verbo Privilege Probat of Testaments probatio testamentorum is the producting and insinuating of dead mens Wills before the ecclesiastical Iudge Ordinary of the place where the patty dyeth And the Ordinary in this case is known by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Arch-deacon according as their composition or prescription is hath the probat of the Testament if the goods be dispersed in divers Dioceses so that there be any sum of note as five pounds ordinarily out of the Dioces where the party led his life then is the Archbishop of Canterbury the ordinary in this case by his prerogative For whereas in old time the will was to be proved in every Dioces wherein the party deceased had any goods it was thought convenient both to the subject and to the Archiepiscopal See to make one proof for all before him who was and is of all the general ordinary of his Province But there may be antiently some composition between the Archbishop and an inferiour ordinary whereby the sum that maketh the prerogative is above five pound See Praerogative of the Archbishop This probat is made in two sorts either in common form or pertestes The proof in common form is only by the oath of the executor or party exhibiting the Will who sweareth upon his credulity that the Will by him exhibited is the last Will and Testament of the party deceased The proof per testes is when over and beside his oath he also produceth witnesses or maketh other proof to confirm the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they have been lawfully summoned to see such a Will proved if they think good And the later course is taken most commonly where there is fear of strife and contention between the kindred or friends of the party deceased about his goods For a VVill proved only in common form may be called into question any time within thirty years after by common opinion before it work prescription Procedendo is a writ whereby a plee or cause formerly called from a base Court to the Chancery Kings bench or Common plees by a writ of privilege or certiorare is released and sent down again to the same Court to be proceeded in there after it appeareth that the Defendant hath no case of privilege or that the matter comprised in the Bill be not well provided Brook hoc titulo and Terms of the law Cook vol. 6. fol. 63. a. See an 21 R. 2. ca. 11. in fine letters of procedendo granted by the Keeper of the privy seal See in what diversity it is used in the table of the original Register and also of the Iudicial Iâ—roces processus is the manner of proceeding in every cause be it personal or real civil or criminal even from the original writ to the end Britton fol. 138 a. wherein there is great diversity as you may see in the table of Fitz. nat br verbo Proces and Brooks Abridgement hoc titulo And whereas the writings 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 given because it is the beginning or the principal part thereof by which the rest of the business is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divers kinds of Proces upon Inditements before Iustices of the peace See in Cromptons Justice of peace fol. 133 b. 134.135 But for orders sake I refer you rather to M. Lambard is his tractat of Processes adjoined to his Eirenarcha who according to his subject in hand divideth criminal Proces either into Proces touching causes of treason or felony and Proces touching inferiour offences the former is usually a capias capias alià s exigifaciaâ— The second is either upon inditement or presentment or information that upon inditement or presentment is all one and is either general and that is a venire facias upon which if the party be returned sufficient then is sent out a Distringas infinitè untill he come if he be returned with a Nihil babet then issueth out a Capias Capias aliis Capias pluries and lastly an Exigi facias The special proces is that which is especially appointed for the offence by statute For the which he referreth his reader to the eighth chapter of his fourth book being very different Processum continuando is a writ for the continuance of a Proces after the death of the chief Iustice in the writ of oyer and terminer Register original fol. 128. a. Prochein amy proximus amicus vel propinquier is word for word a neer friend It is used in our Common law for him that is next of kinne to a child in his
open concurse of Merchants and protest that I am deceived by him And thereupon if he hath any goods remaining in any mans hands within the Realm the Law of Merchants is that I be paid out of them Prouver Probator See Approuver anno 5 H. 4. cap. 2. See Approvours Province Provincia was used among the Romans for a Country without the compasse of Italy gained to their subjection by the sword whereupon the part of France next the Alpes was so called of them when it was in their dominion and of that carrieth the same name at this present But with us a Province is most usually taken for the circuit of an Archbishops Iurisdiction as the Province of Canterbury and the Province of York anno 32 H. 8. ca. 23. anno 33 ejusdem cap. 31. yet it is used divers times in our statutes for several parts of the Realm Provincial provincialis is a chief goververnor of an order of Friers anno quar Hen. quar cap. 17. Protoforestaâ—ius was he whom the antient Kings of this Realm made chief of Wind for Forest to hear all causes of death or mayhem or of slaughter or of the Kings Deer within the Forest Camden Brit. pag. 213. See Justice of the Forest Prove See Profe Provision proviso is used with us as it is used in the Canon law for the providing of a Bishop or any other person of an Ecclesiastical living by the Pope before the Incumbent be dead It is also called gratia expectativa or Mandatum de providendo The great abuse whereof in the Pope through all Christendome heretofore you may read not only in Duarenns de sacris ecclesiae ministeriis beneficiis l. 3. cap. 2. but also for England particularly in divers statutes of the Realm viz. anno 35 Ed. 3. cap. 22. stat 4. statu 5. commonly called the statute de provisionibus anno 27 ejusdem cap. 1. anno 38 ejusdem stat 2. cap. pri 2 3 4. anno 38 ejusdem anno 2 Rich. 2. cap. 7. anno 3 ejusdem cap. 3. anno 7 ejusdem cap. 12. anno 12 ejusdem cap 15. anno 13 ejusdem stat 2. cap. 2 3. anno 16 ejusdem cap. 5. anno 2 Henr. 4. cap. 3 et 4. et anno 5 ejusdem cap. prim et anno 7 ejusdem cap. 6 et 8. et anno 9 ejusdem cap. 8. anno 3 Henr. 5. cap. quar See Praemunire Provisour Provisor is he that sueth to the court of Rome for a provision Old nat br fol. 143. See Provision Proviso is a condition inserted into any deed upon the observance whereof the validity of the deed consisteth which form of condition seemeth to be borrowed from France for Pourvieu Gallicum semper conditionem inducit Tiraquel tome 3. pag. 316. Our common Lawyers say that it sometime signifieth but a covenant whereof you have a large dispute in the second Book of Sir Edward Cooks Reports in the Lord Cromwels case It hath also another signification in matters Iudicial as if the Plaintiff or demandant desist in prosecuting an action by bringing it to a tryal the defendant or tenent may take out the venire factas to the Shyreeve which hath in it these words Proviso quòd c. to this end that if the Plaintiff take out any writ to that purpose the Sheriff shall summon but one Iury upon them both See Old natura brev in the writ Nisi prius fo 159. PU Purchas See Pourchas Purfles of a womans gown anno 33 H. 8 cap. 5. Purgation purgatio is a clearing of a mans self from a crime whereof he is probably and publiquely suspected and thereof denounced to a Iudge Of this there was great use in England touching matter of Felony imputed to Clerks in former time as appeareth by Stawnf pl. cor li. 2. cap. 48. See Clergy It is still observed for matter pertaining to the Ecclesiastical court as suspicion or common fame of incontinency or such like Purgation is either Canonical canonica or vulgar vulgaris Canonical is that which as prescribed by the Canon law The form whereof is usually in the Spiritual court the man suspected taking his oath that he is clear of the fault objected and bringing so many of his honest Neighbours being not above twelve as the court shall assign him to swear upon their consciences and credulity that he sweareth truly or hath taken a true oath Vulgar purgation was by fire or water or by combat used by infidels and Christians also untill by the Canon law it was abolished tit 15. depurgatione Canon et vulga in Decretalibus Combat though it be lesse in use than it was yet it is and may be still practised by the Laws of the Realm in cases doubtfull if the defendant chuâ—e rather the combat than other tryal See Ordell See Combat Purlue is all that ground near any Forest which being made Forest by Henry the second Richard the first or King John were by perambulation granted by Henry the third severed again from the same Manwood parte 2. of his Forest laws cap. 20. And he calleth this ground either pouralce i. perambulationem or purliu purluy which he saith be but abusively taken for pourallee ubi supra num 3. But with the licence of that industrious and learned Gentleman I am bold to say that this word may be no less fitly made of two French words pur i. purus and lieu i. locus and my reason is because that such grounds as were by those Kings subjected to the Laws and Ordinances of the Forest are now cleared and freed from the same for as the Civilians call that purum locum qui sepulchrorum reliâ—ioni non est obstrictus sect 9. de reruus divisin institution so no doubt in imitation of that very point our auncestors called this purlieu i. purum locum because it was exempted from that servitude or thraldome that was formerly layd upon it So ager purus est qui neque sacer neque sanctus neque religiosus sed ab omnibus hujusmodi nominibus vacare videtur lib. 2. sect 4. Ï€. de religio et sumptibus funerum And therefore Master Crompton Purraile is not much amisse fol 153. of his Iurisdict because we may also derive it from the French words pur and allee that is as much as to say as a clear or a free walk or passage And where it is sometime called Pouralee that may and doth come from pur and alee i. itio profectio ambulatio because he that walketh or courseth within that compasse is clear enough from the laws or penalties incurred by them which hunt within the precincts of the Forest See the statute anno 33 Edw. prim stat 5. Pourlie man is he that hath ground within the purlieu and being able to dispend forty shillings by the year of Freehhold is upon these two points licensed to hant in his own purlieu Manwooâ— parte 1 of his Forest laws pag. 151 and 157.
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement 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 a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum 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 sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand 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 saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his 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 Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
signifieth in our Common law even the same as the repeal of a Statute Rastal titulo Repeal Brook useth Repellance in this signification titulo Rapellance Repleader Replacitare is to plead again that which was once pleaded before Rastal titulo Repleader See the new Book of Entries verbo Repleader Replegiare See Replevie See Second deliverance Replevie Plevina is the bringing of the writ called Replegiari facias by him that hath his Cattell or other Goods distreined by another for any cause and putting in surety to the Shyreeve that upon the delivery of the thing distreined he will persue the action against him that distreined Terms of Law See Replegiare It is used also for the bayling of a man pl. cor f. 72 73 74. West pri cap. 11. cap. 15. anno 3 Ed. 1. Replegiare de averiis is a writ brought by one whose Cattell be distreined or put in pound upon any cause by another upon surety given to the Shyreeve to persue the action in law anno 7 H. 8. cap. 4. Fitz. nat br fol. 68. See the Register original of divers sorts of this writ called Replegiare in the Table verbo codem See also the Register judicial fol. 58. 70. See also the new book of Entries verbo Replevin See Dyer fol. 173. un 14. Replevish replegiare is to let one to mainprise upon surety Anno 3 Edw. 1. cap. 11. Replication replicatio is an exception of the second degree made by the Plaintiff upon the first answer of the Defendant West parte 2. symbol titulo Chancery sect 55. West 2. anno 13 Ed. pri cap. 36. This is borrowed from the Civilians De replicationibus li. 4. Institutio titulo 14. Report reportus is in our Common law a relation or repetition of a Case debated or argued which is sometime made to the Court upon reference from the Court to the Reporter sometime to the world voluntarily as Ploydens reports and such like Reposition of the Forest was an act whereby certain Forest grounds being made purlieu upon view were by a second view laid to the Forest again Manwood parte pri pag. 178. Reprisells reprisalia are all one in the Common and Civil law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data creditori pro injuriis et damiis acceptis Vocabucarius utriusque juris This among the ancient Romanes 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. Law of Marque of the German word March i. terminus limes And the reason may be because one destitute of Justice in another territory redresseth himself by the goods belonging to men of that territorie taken within his own bounds Requests Supplicum libelli Curia Requistionum is a Court of the same nature with the Chauncery redressing by equity the wrongs that poor men do suffer at their hand whose might they are not able to withstand either in Law or otherwise It took beginning as some men think by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed between the Prince and Petitioners 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 plead his right in a cause for merly commenced between other two See the new book of Entries verbo Resceit V. Aide prier The Civilians call this admissionem tertii pro suo interesse Of this you have one example in the terms of Law viz. if Tenant for term of life or Tenant for term of years bring an action he in the reversion commeth in and prayeth to be received to defend the land and to plead with the Demandant Many more you may have in Brook titulo Resceit fol. 205. See Perkins Dower 448. Receit is also applyed to an admittance of plee though the controversie be between two only Brook estoppel in many places Resceyt of homage is a relative to doing homage for as the Tenant who oweth homage doth it at his admission to the land so the Lord receiveth it Kitchin fol. 148. See Homage Rescous Rescussus cometh of the French Rescourre se Rescourre du danger i. asserere se ab injuria It signifieth in our common Law a resistance against a lawful authority as for example if a Bayliff or other Officer upon a Writ do arrest a man and another upon a Writ do arrest a man and another one or more by violence do take him away or procure his escape this act is called a Rescus Cassanaeus in his book de consuctud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations doe use this word in the same signification that we doe or the very like It is also used for a Writ which lyeth for this act called in our Lawyers Latine Breve de rescussu whereof you may see both the form and use in Fitz. nat bre fol. 101. and the Register original fol. 125. See the new book of Entries vâ—rbo rescous This rescous in some cases is treason and in some felony Crompton Justice fol. 54. b. Reseiser reseisire is a taking again of lands into the Kings hands whereof a general livery or â—â—ster le main was formerly missused by any person or persons and not according to form 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 is residere and signifieth a mans aboad or continuance in a place Old nat br fol. 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 custom of speech tyeth that only to persons ecclesiastical Reservation signifieth that rent or service which the granter in any grant tyeth the grantee to perform unto him or them or the Lord Paramont Perkins reservations per cotum Residence residentia cometh of the Latin residere and is peculiarly used both in the Canon and common Law for the continuance or aboad of a Parson or Vicar upon his benefice The default whereof except the party be qualified and dispensed with is the losse of ten pounds for every month anno 28 Henr. 8. cap. 13. Resignation resignittiò is used particularly for the giving up of a Benefice into the hands of the Ordinary otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by use more restreined to the yeelding up of a spiritual living into the hands of the Ordinary and Surrender to the giving up of temporal Lands into the hands 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 authorit◠em Ecclesinsticam as the Pope had in time past Plowden casu Grendon fo 498. Resort is a word used properly in a writ of tayl or cousenage as descent is in a writ of right Ingham Respectu computi Vicecomitis habendo is a writ for the respiting of a Shyreeves accompt upon just occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 179. Respite 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 respite may be occasioned upon divers good reasons but it hath the most frequent use in such as hold by Knights service in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certain times in the year some small sum of mony to be respited untill the Prince may be at leasure to take it in person Responsions responsiones seems to be a word used properly and especially by the Knights of S. John of Jerusalem for certain accompts made unto them by such as occupied their lands or stocks 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 between atturnatum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came only to allege the cause of the parties absence be he the Demandant or Tenent and responsalis came for the Tenent not only to excuse his absence but also to signifie what tryal he meant to undergo viz. the Combate or the Country lib. 6. cap. 11. § Si autem A man in antient time could not appoint an Attorny for him without warrant from the King Fleta codem cap. 13. in fine See Atturney This word is used in the Canon law Et significat procuratorem vel cum qui absentem excusat cap. Cum olim propter extra de rescript Restitution restitutio is a yeelding up again of any thing unlawfully taken from another It is used in the Common law most notoriously for the setting him in possession of Lands or Tenements that hath been unlawfully disseised of them which when it is to be done and when not see Cromptons Justice of peace fol. 144. b. c. usque 149. Restitutione extracti ab Ecclesia is a Writ to restore a man to the Church which he had recovered for his sanctuary being suspected of felony Register orig 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 Royal assent thereunto for the recovery of the Temporalities or Barony of the said Bishoprick with the appurtenances And it is directed from the King to the Escheator of the County the form whereof you have in the Regist. orig fol. 294. and in Fitzb. 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 party or such like See Brook titu Resummons fol. 214. See of these four sorts according to the four divers cases in the Table of the Register judicial fol. 1. See also the new Book of Entries verbo Reattachment Resummons Resumption resumptio is particularly used for the taking again into the Kings hands such Land or Tenements as before upon false suggestion or other error he had delivered to the heir or granted by Letters patents to any man Brook titule Repetance resumption fol. 298. Thus it is applyed anno 31 H. 6. cap. 7. See Reseiser Retainer commeth of the French retenir i. detinere retinere it signifieth in the Common law a servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but only using or bearing his name or livery This Livery was wont to consist of Hats otherwise Hoods Badges and other suits of one garment by the year an 1 R. 2. ca. 7. These were taken by the Lords many times upon purpose of maintenance and quarrels and therefore they have been justly for the better freedom of Law forbidden by many Statutes as namely by anno 1 R. 2. cap. 7. upon pain of imprisonment and grievous forfeiture to the King and again anno 16 ejusd cap. 4. anno 20 ejusdem cap. 1. 2. and anno prim H. 4 cap. 7. by the which the Lords offending herein should make ransome at the Kings will and any Knight or Esquire hereof duly attainted should lose his said Livery and forfeit his fee forever and any Yeoman wearing the Livery of the King or other Lord should be imprisoned and make ransome at the Kings will only some few excepted in the said Statute which statute is further confirmed and explaned anno 2 H. 4. cap. 21. et an 7 ejusd cap. 14. anno 13. ejusd cap. 3. et anno 8 H. 6. ca. 4. And yet this offence was so deeply rooted that Edward the fourth was driven to confirm the former statutes and further to extend the meaning of them as appeareth by the statute made anno 8 Ed. 4. cap. 2. adding an especial pain of five pounds to every man that giveth such Livery and as much to every one so retained either by writing oath or promise for every month Yet is not this fault so well looked unto but that there is need of more pregnant Laws for the redresse thereof or at the least better execution of those that be already made These be by the Feudists called assidati Sic enim dicuntur qui in alicujus fidem et tutelam recepti sunt Neapol constitu lib. 3. titulo 7. And as our retainers are here forbidden so are those affidats in other countries Retraxit is an exception against one that formerly commenced an action and withdrew it or was non-sute before tryal Brook titulo Departure in despight Retraxit fol. 216. See also the new book of Entries verbo departer verbo retraxit Return returna cometh of the French retour i. reditio reversio recursus and in our common Law hath two particular applications as namely the teturn of a Writ by Shyreeves and Bayliffs which is nothing but a certificate made to the Court whereunto the writ directeth him of that which he hath done touching the serving of the same Writ And this among the Civilians is called Certificatorium Of returns in this signification speak the Statutes of Westm. 2. cap. 39. anno 13 Ed. prim and Tractatus contra Vice-comites et Clericos with divers others collected by Rastal titulo Return of Shyreeves So is the return of an Office Stawnf praerog fol. 70. a certificate into
phrase used by Britten cap. 119. for the determination or final end of the lineal race or descent of a kindred It seemeth to come from the French Sorg i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man having made default in Court commeth afterward and allegeth good cause why he did it as imprisonment at the same time or such like New book of Entries verb. Sauer de default Saulf conduct salvus conductus is a security given by the Prince under the broad seal to a stranger for his quiet comming in and passing out of the Realm touching which you may see the Statutes anno 15 H. 6. cap. 3. anno 18 ejusdem cap. 18. anno 28 Hen. 8. cap. pri The form of this see in the Register original fol. 25. SC Stawnford was a man very learned in the Common laws of the Land wherein he wrote two books one termed the pleas of the Crown the other the Princes prerogative He flourished in the daies of Ed. the sixth and of Queen Mary being in Queen Marics daies a Judge and knighted Scandalum Magnatum is the especial name of a wrong done to any high personage of the Land as Prelates Dukes Earls Barons and other Nobles and also of the Chanceller Treasurer Clerk of the Privy Seal Steward of the house Justice of one bench or of the other and other great Officers of the Realm by false news or horrible and false messages whereby debates and discords betwixt them and the Commons or any scandal to their persons might arise anno 2 R. 2. cap. 5. Scavage otherwise called Shewage is a kind of toll or custome exacted by Maiors Shyreeves and Bayliffs of Cities and Borough Towns of Merchants for wares shewed to be sold within their Precincts which is forbidden by the Statute anno 19 Hen. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shew whence is the word Sceaw stowe a theater or shew place a beholding place M. Verstigan in his restitution of decayed Intelligences litera S. Scire facias is Writ judicial most commonly to call a man to shew cause unto the Court whence it is sent why execution of a Judgement passed should not be made This writ is not granted before a year and a day be passed after the Iudgement given Old nat br fol. 151. Scire facias upon a fine lyeth after a year and a day from the fine levied Otherwise it is all one with the writ Habere facias seisinam West part 2. symb litulo fines sect 137 See anno 25 Edwardi 3. sta 5. cab 2. v. anno 39 Elizabeth cap 7. The Register original and judicial also in the Table sheweth many other diversities of this writ which read See also the new bock of Entries verb. Scire facias Scyra Cambd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French escot i. symbolum Rastal saith it is a certain custome or common tallage made to the use of the Shyreeve or his Bailiffs Saxon in his description of England cap. 11. saith thus Scot a gadering to work of Bails what he meaneth God knoweth I think the place is corruptly printed Scot saith M. Cambden out of Mathew of Westm illud dicitur quod ex diversis rebus in unum aceru um aggregatur In the Laws of William the Conqueror set forth by M. Lamberd fol. 125. you have these words Et omnis Francigena qui tempâ—re Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt aue hlote aue scote persolvantur secundum legem Anglorum Scot and Lot anno 33 H. 8. cap. 19. signifieth a customary tontribution laid upon all subjects after their hability Roger Hoveden writeth it Anlote Anscote in principio Henrici secundi Scotall scotalla is a word used in the Charter of the Forest c. 7. in these words as Pupilla ceuli hath them parte 5. cap. 22. Nullus Forestarius vel Bedellus facrat Scotallas vel garbas colligat vel aliquam collectam faciat c. M. Manwood part pri of his Forest laws pag. 216 thus defineth it A Scotall is where any Officer of the Forest doth keep an Ale house within the Forest by colour of his Office causing men to come to his house and there to spend their mony for scar of having displeasure It seemeth to be compounded of Scot and Ale Scutagio habendo is a writ that lyeth for the King and other Lord against the Terent that holdeth by Knights service wherein homage sealty and escuage be conteined being to make a voyage to war against the Scots or French men For in those cases this writ issueth out to all such Tenents to serve by themselves or a sufficient man in their place or else to pay c. See Fitz. nat br fol. 83. It is used in the Register original for him to recover escuage of others that hath either by service or fine performed his own to the King fol. 88. a. SE Sealer Stgillator is an Officer in Chancery whose duty is to seal the Writs and Instruments there made Sean fish anno 1 Jacob. ses 1. ca. 25. Sean fish tbidem seemeth to be that fish which is taken with a very great and long net called a Sean Second deliverance secunda deliberatione is a VVrit that lyeth for him who after a return of Cattel replevied adjudged to him that distreined them by reason of a default in the partie that replevied for the replevying of the same Cattel again upon security put in for the redelivery of them if in case the distresse be justified New Book of Entries verbo Replevin in second deliverance fol. 522. col 2. v. Dyer fol. 41. num 4 5. Secta ad Curiam is a writ that lyeth against him who refuseth to perform his sute either to the County or Court Baron Fitz. nat bre fol. 158. Secta facienda per illum qui habet eniciam partem is a VVrit to compel the Heir that hath the elders part of the cobeires to perform service for all the Coparceners Regist orig fol. 177. a. Secta mosendiui is a VVrit lying against him that hath used to grind at the Mill of B. and after goeth to another Mill with his Corn. Register original fol. 153. Fitzh uat br 122. But it seemeth by him that his writ lyeth especially for the Lord against this frank Tenents who hold of him by making sute to his Mill eodem See the new book of Entries verbo secta ad molendinum By likelihood this service is also in France For Balduinus ad titulum de servitutibus praediorum in Institut hath these words Bannalis mola novae barbarae servitutis species est qua hodie passim rustici cogunt ur una mola quam bannalem vocamus unoque furno uti ad quaestum Deasini qui fortasse praeest jurisdictioni ejus pagi Sectam
of Courts Seneshat de l'hostel de Roy Steward of the KINGS Houshold Cromptons Jurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshal of England inhibiting them to take cognizance of any action in their Court that concerneth either Freehold debt or Covenant Register original fol. 185. a. 191. b. Senie aliâs Sene sena is a leaf of a medicinable herb that bringeth forth stalks of a cubit high purging Phlegmatick Cholerick and also Melancholick humours without great violence The farther use whereof you may read in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other Drugs and spices to be garbled anno 1 Jac cap. 19. Septuagesima is a Sunday certain and alwaies the third Sabbath before Shrove sunday from the which until the Octaves after Easter the solemnizing of mariage is by the Canon laws forbidden The reason whereof is given for that all this time until Easter is a time of mourning for the fall of Adam and for the misery of man thereof insuing And Easter with the Octaves thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest over death and sin And that therefore all carnal affection onght during that space to be wholly mortified in us See Quinquagesima see Advent see Rogation week Sequitur sub suo periculo is a writ that lyeth where a summons adwarrantizandum is awarded and the Sheriff returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ Old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controversie from the possession of both those that contend for it And it is double voluntary or necessary Voluntary is that which is used by the consent of each party Necessary is that which the Judge of his Authority doth whether the parties will or not It is used also for the act of the ordinary disposing of office the goods and chattels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. num 42. fol. 271 num 26. as also in the gathering of the fruits of a Benefice void to the use of the next Incumbent anno 28 H. 8. cap. 11. Fortescue cap. 50. and in divers other cases Sequestro habendo is a writ judicial for the dissolving of a seqnestration made by the Bishop at the Kings commandement of the fruits of a benefice thereby to compell the Parson to appear at the sute of another for the Parson upon his appearance may have this writ for the release of the sequestration Register judicial fol. 36. a. Sergeants servians commeth of the French sergeant i. satelles accensus a man of the Guard a kind of Souldier so called because he was sepè accitus ad res necessarias in exercitu peragendas Calepin M. Skene de verb. signif verb. Serjeant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est inclndere gent. quod pro gente populo vel plebe usurpatur Itaque Serjandus disitur qui jussu magistratus quemlibet de populo reum crimints in carcerem corjicit seu includit This word Sergeant is diversly used in our Law and applyed to sundry offices and callings First a Sergeant at Law or of the Coyfe is the highest degree taken in that profession as a Doctor in the Civil law And to these as men best learned and best experienced of all others is there one Court severed to plead in by themselves and that is the Court of Common pleas where the Common law of England is most strictly observed These are made by the Kings mandat or VVrit directed unto them commanding them upon a great penalty to take upon them that degree by a day certain 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 plead for him in all his causes as namely in causes of treason pl. cor li. 3. ca. pri And of these there may be more if it so please the King This is called in other Kingdomes Advocatus Regius Cassan de consuet Burgund pag. 850. VVith what solemnity these Sergeants be created read Fortescue cap. 50. This word Sergeant seemeth to be used in Britton for an Officer belonging to the County who in his first Chapter speaking of Appeals made before the Coroner hath these words in effect And then let the Coroner cause his appeal to be entred and the names of his sureties And afterward let commandement be given to the Sergeant of the County where the felony was committed that he have the body of the persons appealed at the next County And it is probable that this Officer was all one with him whom Bracton in his fifth book cap. 4. num 2. calleth Servientem Hundredi of whom he hath these words Post probationem defaltae faciet serviens Hundredi incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in antient time was called the Bayliff of the Hundred who as is declared in Bayliff had the like authority in his Hundred that the Shyreeve had in the County though inferiour to him and to be controlled by him as appeareth by divers antient presidents set down by Kitchin in his Tractat of Returns in Court Hundred Court-Baron c. I read also in Bracton lib. 3. tractat 2. cap. 28. Of the Kings Sergeant who is like to be also an Officer in the County in these words speaking of a woman ravished and what she ought to do for the pursute of the Ravisher sic ire debet ad prepositum Hundredi ad servientem Domini Râ—gis ad coronatores ad Vicecomitem ad primum comitatum faciat appellum suum And again eod l. c. 32. in these words si sine secta cognoverit se inde esse latronem coram vicecomite vel coronatore vel serviente Domini Regis c. And again lib. 5. tract 3. cap. 4. num 8. in these words Quid si servien Domini Regis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this Term was general to the Shyreeve Coroner and Bayliffs of Counties who in his sixt book cap. 3. § 1. hath these words Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse tunc ost ense hoc Vicecomiti statim praecipiat ballivo Hundredi vel iteneranti vel alteri servienti Regis quòd assumptis sibi l beris legalibus hominibus de viceneto illo ad curiam illius
peace may a Iustice of peace command either as a Minister when he is willed so to do by a higher authority or as aludge when he doth it of this own power derived from his Commission Of both these see Lamberds Eirenarcha lib. 2. cap. 2. pa. 77. See Peace See Supplicavit Suffragan Suffraganeus is a titular Bishop ordained and assisted to aid the Bishop of the Diocesse in his spiritual function c. Suffraganeus Extra de electione For the Etymologie Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur Joach Stephanus de jurisdict lib. 4. cap. 16. num 14. It was enacted anno 26 H. 8. cap. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Diocesse and to present them to the King that he might give the one of them such Title Stile Name and Dignity of sease in the said Statute specified as he should think convenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our Common law a following of another but in divers senses the first is a sute in Law and is divided into sute real and personal Kitchin fol. 74. which is all one with action real and personal Then is there sute of Court or sute service that is an attendance which a Tenent oweth at the Court of his Lord. Fitz. nat brev in Indice verbo Suite suyte service and suyte real anno 7. H. 7. cap. 2. The new Expositour of Law terms maketh mention of four sorts of sutes in this signification Sute covenant sute custome sute real and sute service Sute covenant he defineth to be when your Ancestor hath covenant with mine Ancestor to sue to the Court of mine Ancestors Sute custome when I and my Ancestors have been seised of your own and your Ancestors sute time out of mind c. Sutereal when men come to the Sheriff Turn or Leet to which Court all men are compelled to come to know the Laws so that they may not be ignorant of things declared there how they ought to be governed And it is called real because of their allegiance And this appeareth by common experience when one is sworn his oath is that he shall be a loyal and faithfull man to the King And this sute is not for the Land that he holdeth within the County but by reason of his person and his abode there and ought to be done twice a year for default whereof he shall be amerced and not distrained I think this should be called ratherregal or royal because it is performed to the King for royal The French word in the usual pronuntiation commeth near to real the letter o being almost suppressed See Leet Suyte service is to sue to the Sheriff Turn or Leet or to the Lords Court from three weeks to three weeks by the whole year And for default thereof a man shall be distrained and not amerced And this sute service is by reason of the tenure of a mans Land Then doth sute signifie the following of one in chase as fresh sute West 1. cap. 46. a. 3 Edw. 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. cap. pri anno 21 ejnsdem cap. 15. anno 5 Hen. 4. ca. 15. is the persuing of a man for breach of the Kings peace by treasons insurrections rebellions or trespasses Summoneas is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Register Judicial Summoner summonitor signifieth one used to call or cite a man to any Court. These by the Common law ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes qued sint coram talibus Justiciarits ad certos diem â—locum secundum mandatum Justiciariorum Vicecomiti directum parati inde facere recognitionem lib. 4. cap. 5. § Et cum Summons summonitio see Summons Common Summons Marlb cap. 18. anno 52 Hen. 3. it l. Summons in terra petita Kitch fol. 286. is that Summons which is made upon the Land which the party at whose sute the summons is sent forth seeketh to have Summons ad warrantizandum Dyer fol. 69. nu 3â— Sumage Sumagium seemeth to be toll for carriage on horse-back Crompton Jurisd fol. 191. For where the Charter of the Forest cap. 14. hath these words for a horse that beareth loads every half year a half penny the Book called Pupilla oculi useth these words pro uno equo portante summagium per dimidium annum obolum It is otherwise called a Seam And a Seam in the Western parts is a Horse-load Superoneratione pasturae is a writ Iudicial that lyeth against him who is impleaded in the County for the over-burthening of a Common with his cattell in case where he is formerly impleaded for it in the County and the cause is removed into the Kings Court at Westm Supersedeas is a writ which lyeth in divers and sundry cases as appeareth by the Table of the Register original and the Iudicial also and by Fitzh nat bre fol. 226. and many other places noted in the Index of his Book verbo Snpersedeas But it signifieth in them all a command or request to stay or forbear the doing of that which in apparence of Law were to be done were it not for the cause whereupon the Writ is granted For example a man regularly is to have surety of peace against him of whom he will sweat that he is asraid and the Iustice required hereunto cannot deny him Yet if the party be formerly bound to the peace either in Chancery or elsewhere this writ lyeth to stay the lustice from doing that which otherwise he might not deny Super statutum Edward 3. vers servants and labourers is a writ that lyeth against him who keepeth my servants departed out of my service against Law Fitz. nat fol. 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupyeth vittelling either in grosse or by retail in a City or Borough Town during the time he is Major c. Fitz. nat brev fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in chief which alienateth the Kings Land without the Kings license Fitzh nat brev 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 Freehold or for trespasse contracts not made within the Kings houshold Fitzherbert nat brev fol. 241. Super statuto de Articulis Cleri cap. 6. is a writ against the Sheriff or other Officer that distraineth in the Kings high-way or in the glebe Land antiently given to Rectories Fitz. nat brev
upwards to the number of 24. by whose discretion all tryals pass both in civil and criminal causes through all Courts of the common Law in this Realm First for civil causes when proof is made of the matter in question as the parties and their Counsel think good on both sides the point of the fact that they are to give their verdict of is delivered likewise unto them which we call the issue and then are they put in mind of their oath formerly taken to do right between party and party and so sent out of the Court severally by themselves to consider upon the evidence of both sides untill they be agreed which done they return to the Court again and deliver their verdict by the mouth of the foreman And according to the verdict Iudgement afterward passeth either condemnatory for the Plaintiff or absolutory for the Defendant These twelve be called twelve milites Glanvile lib. 2. cap. 14 15. and so be they in Bracton divers times but that word is altered In causes criminal there be two sorts of Enquests one called the grand Enquest and the other the Enquest of life and death The grand Enquest is so called either because it consisteth commonly of a greater number than twelve as of twenty four eighteen or sixteen at the least or else because all causes criminal or penal first passe through them whereas the other Enquest is especially appointed for one or few matters touching life and death committed to their consideration Those of the grand Enquest are also called by Bracton 12 milites lib. 3. tract 2. cap. pri num 2. because they were wont to be Knights as it seemeth and not inferiours except so many Knights could not be found Idem eodem num 1. in fine And their function is to receive all presentments made unto them of any offence and accordingly to give their general opinion of the presentment by writing either these words Billa vera upon the bill of presentment which is an inditement of the party presented or else this word Ignoramus which is an absolving of him Now as criminal causes be of two sorts either capital touching life and member or finable so is there a double course of these Inditements For in causes only finable the party indited must either traverse the Inditement by denying it and so it is referred to a petit Jury whereby he is either convicted or discharged of the crime or else he confessing it the Court setteth his fine upon his head without more work But in matters of life and death the party indited is commanded to hold up his hand and answer guilty or not guilty if guilty he standeth convicted by his own confession if not guilty he is farther referred to the Enquest of life and death which consider upon the proof brought against the Prisoner and accordingly bring in their verdict Guilty or not Guilty so is he judged to dye or delivered by the Court. Of this read more in Inditement Assise Iury. See the statute anno 35 H. 8. cap. 6. 37 ejusdem cap. 22. et anno 2 Ed. 6. cap. 32. et anno 5 Eliz. cap. 25. VA VAcation vacatio hath an especial signification in this Kingdom being used for all that time respectively which passeth between term and term at London And when such times begun and ended in our Ancestors daies see Roger Hovedens annals parte posteriori fol. 343. a. where you shall find that this intermission was called pax Dei et Ecclesiae Vaccarie aliàs vacharie vaccaria aliàs vacheria seemeth to be a house to keep kine in Fleta lib. 2. cap. 41. sect Item inquiratur 12. and Cromptons Jurisd fol. 194. in these words without warrant no subject may have within the Forest a vacary But in the statute anno 37 H. 8. cap. 16. I find vachary to be as it were a special proper name of a certain quantity and compass of ground within the Forest of Ashedown Valew valentia valor The word is in it self plain enough But I cannot omit one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference between value and price These be his words And the value of those things in which offences are committed is usually comprised in Inditements which seemeth necessary in theft to make a difference from petit larceny and in trespass to aggravate the fault and increase the fine But no price of things ferae naturae may be expressed as of Deer of Hares c. If they be not in Parks and Warrens which is a Liberty anno 8 Edward 4. fol. 5. nor of Charters of land And where the number of the things taken are to be expressed in the Inditement as of young Doves in a Dove-house young Hawks in a wood there must be said pretii or ad valentiam but of divers dead things ad valentiam and not protii of coyn not current it shall be pretii but of coin current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain But of counterfeit coin shall be said ad valentiam and in counterfeiting of coin shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord having profered covenable mariage to the Infant without disparidgement against the Infant comming to his years if he refuse to take the Lords offer And it is to recover the value of the mariage Regist orig fol. 164. Old nat br fol. 90. Variarce commeth of the French varier i. alterare it signifieth in the Common law an alteration or change of condition after a thing done For example the Commonalty of a Town make a Composition with an Abbot Afterward this Town by a grant from the King obtaineth Bayliffs This is a variance and in this case if the Abbot commence any sute for breach of the composition he must vary from the words of the Commonalty set down in the Composition and begin against the Bayliffs and the Commonalties Brook tit Variance fol. 292. It is also used for an alteration of something formerly laid in a plee which is easilier known what it is than when it may be used as it appeareth by Brook through the whole title aforesaid See variance in the new book of Entries Vassal vasallus signifieth him that holdeth land in fee of his Lord Hot. verbo Feudal we call him more usually a Tenent in fee whereof some owe fidelity and service and are called vassalli jurati some that owe neither and are called vassalli injurati But of this later sort I think that in England we have not any Of these thus writeth Hotom in his disputations upon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accipit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo
72. the office is as Crompton saith loco allegato properly to look to the vert and to see that it be well maintained Also when any forfeiture is taken in the Forest before the Foresters or other Ministers the price thereof shall be delivered to the Verdour who is to answer for it before the Iustices in Eyr And if he die his heir is chargeable therewith Crompton ibidem The form of his oath at his admittance you may see in Manwoods first part of his Forest laws pag. 51. who there calleth him verderour alià s verdictor You shall truly serve our Soveraign Lord the King in the office of a verderor of the Forest W. you shall to the uttermost of your power and knowledge do for the profit of the King so far as it doth appertain unto you to do You shall preserve and maintain the antient rights and franchises of his Crown you shall not conceal from his Majesty any rights or privileges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shall indeavour your self to manifest and redresse the same and if you cannot do that of your self you shall give knowledge thereof unto the King or unto his Iustice of the Forest You shall deal indifferently with all the Kings liege people you shall execute the laws of the Forest and do equal right and justice as well unto the poor as unto the rich in that appertaineth unto your office you shall not oppress any person by colour thereof for any reward favour or malice All these things you shall to the uttermost of your power observe and keep Their Office is farther expressed eodem pag. 93. which is to sit in the Court of Attachment to see the Attachments of the Forest to receive the same of the Foresters and Woodwards that do present them and then to enter these attachments into their Roles Verdict veredictum is the answer of a Jury or Enquest made upon any cause civil or criminal committed by the Court to their consideration or tryal And this verdict is two-fold either general or especial Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is given or brought into the Court in like general terms to the general issue as in an action of disseisin the Defendant pleadeth No wrong no disseisin Then the issue is this in general whether the fact in question be a wrong or not And this committed to the Iury they upon consideration of their evidence come in and say either for the Plaintiff that it is wrong and disseisin or for the Defendant that it is no wrong no disseisin And again the prisoner at the bar pleading Not guilty the Enquest in like general terms bring in their verdict either for the King Guilty or for the prisoner Not guilty A special 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 opinion it is proved and for the quality of the fact they pray the discretion of the Court. And this special verdict if it contain any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof read divers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Littleton fol. 78. 79. See the new book of Entries verb. Verdict Verge virgata may seem to come from the French verger i. viridarium hortus It is used here in England for the compass about the Kings Court that boundeth the jurisdiction of the Lord Steward of the Kings houshold and of the Coroner of the Kings house and that seemeth to have been twelve miles compass anno 13 Richard 2. Stat. prim cap. 3. Fitzh nat br fol. 24. B. and Briton fol. 68. b. 69. a. and Fletae lib. 2. cap. 2. and Sir Edward Cooks Reports lib. 4. fol. 47. a. For this see the Statute anno 33 Hen. 8. cap. 12. toward the end But Fleta saith that this compass about the Court is called virgatä à virga quam Marishalus portat ut signism suae potestatis lib. 2. cap. 4. sect prim Verge hath also another signification and is used for a stick or rod whereby one is admitted Tenent and holding it in his hand sweareth fealty unto the Lord of a manor who for that cause is called Tenent by the Verge Old nat br fol. 17. Vergers virgatores be such as cary white wands before the Iustices of either bank c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Very Lord and very Tenent verus Dominus et verus Tenens are they that be immediate Lord and Tenent one to the other Brook titulo Hariot fol. 23. In the Old nat br and in the writ Replegiari de averiis fol. 42. I find these words And know ye that in taking of Leases six things are necessary that is to say very Lord and very Tenent Service behind the day of the taking seisin of the services and within his Fee And know yee that a man is not very tenent untill he have atturned to the Lord by some services So that by Brook the very Lord and the very Tenent must be immediate and by this Book there must be an acknowledgement See anno 19 Hen. 7. cap. 15. See Tenent Vert viride is made of the French verd i. viridis and significth with us in the laws of the Forest every thing that doth grow and bear green leaf within the Forest that may cover and hide a Dâ—er Manwood in the second part of his Forest laws fol. 6. a. and fol. 33. b. with whom also Crompton agreeth fol. 170. of his Iurisd And vert as the same Author saith eodem fol. 34. is divided into Over vert and Neather vert Over vert is that which our Lawyers call Hault bois and Neather vert is that which they call South boil And of this you may read him in his second part of Forest laws cap. 6. per totum Where you shall find that he divideth vert into general and special General is as it is above defined Vert special is every tree and bush within the Forest to feed the Deer withall as Pear trees Crab-trees Hauthorns Blackbush and such like And the reason of this name is because the offence of destroying of such vert is more highly punished than of any other according to the quantity thereof codem cap. 6. num 2. fol. 35. a. Vervise otherwise called Plonkets anno 1. R. 3. cap. 8. a kind of cloath Vesses anno 1 R. 3. cap. 8. anno 14 15 H. 8. cap. 11. otherwise called Set cloaths Vesture Vestura is a French word signifying a garment but in the use of our Common law turned metaphorically to betoken a possession or an admittance to a possession So it is taken Westm. 2. cap. 25. anno 13 Ed. prim And
his house or land c. West parte 2. symb titulo Inditemenes sect 65. M. Lamberd in his Eirenarcha cap. 19. saith thus An unlawfull assembly is the company of three persons or more gathered together to do such an unlawfull act although they do it not indeed So saith Kitchin in effect fol. 20. Vnques prist is word for word alwaies ready And it signifieth a plee whereby a man professeth himself alway ready to do or perform that which the Demandant requireth thereby to avoid charges For example a woman sueth the tenent for her dower and he comming in at the first day offereth to aver that he was alway ready and still is to perform it In this case except the Demandant will aver the contrary he shall recover no dammages When this Plee will serve to avoid charges and when not see Kitchin fol. 243. See Vncore prist VO Voidance vacatio is a want of an Incum bent upon a benefice and this voidance is double either in Law as when a man hath more benefices incompetible or indeed as when the Incumbent is dead or actually deprived Brook titulo Quare impedit n. 51. Voucher Advocatio is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby New book of Entries verbo Voucher Voucher de garrantie Brit. cap. 75. In Latin Advocatio ad warrantizandum is a Petition in Court made by the Defendant to have him called of whom he or his Ancestor bought the Land or Tenement in question and received warranty for the secure injoying thereof against all men Briton of this writeth a long chapter ubi supra intituling it Garant voucher But Bracton writeth a large tractate of it lib. 5. tractat 4. per totum Litleton also handleth it not mincingly in the last chapter of all his Tenures Of this you may read Fitzh also in his nat br fol. 134. De warrantia chartae All this law seemeth to have been brought into England out of Normandy For in the Grand Customaty you have likewise a Chapter intituled vouchment de garant cap. 50. id est vocamentum Garanti where it is set down what time ought to be given for the appearance of the warrant called in this case how many warrants may be vouched one calling in another and divers other points touching this doctrine All which and many more you may read in Bracton ubisupra A common voucher a double voucher Cook lib. 2. Sir Hugh Cholmleis case fol. 50. b. This is very answerable to the Contract in the Civil law whereby the Buyer bindeth the Seller sometime in the simple value of the thing bought sometime in the double to warrant the secure enjoying of the thing bought But this difference I find between the Civil law and ours that whereas the Civil law bindeth every man to warrant the security of that which he selleth ours doth not so except it be especially covenanted The party that voucheth in this case is called the Tenent the party vouched is termed the Voucher The writ whereby he is called is termed Summoneas ad warrantizandum And if the Sheriff return upon that Writ that the party hath nothing whereby he may be summoned then goeth out another Writ viz. Sequatur sub suo pericnlo See Terms of the law verbo Voucher And Lamb. in his explication of Saxon words verbo Advocare See Warranty I read in the new book of Entries of a forein voucher which hath place properly in some Franchise County Palatine or other where one voucheth to warranty one not dwelling within the Franchise fol. 615. columma 1. whereupon because the Foreiner need not be tryed in that Court the record and cause is removed to the common plees c. See of this Fitzh nat br fol. 6. E. VS Vser de action is the pursuing or bringing of an action which in what place and County it ought to be See Brook titulo Lieu County fol. 64. Vse usus is in the original signification plain enough but it hath a proper application in our Common law and that is the profit or benefit of lands or tenements And out of M. Wests first part of his symbol lib. pri sect 48 49 50 51 and 52. I gather shortly thus much for this purpose Every deed in writing hath to be considered the substance and the adjuncts Touching the substance a deed doth consist of two principal parts namely the premises and the consequents The premises is the former part thereof and is commonly said to be all that which precedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which followeth the premises and that is the Habendum In which are two limitations the one of the estate or property that the party passive shall receive by the deed the other of the use which is to express in the said Habendum to or for what use and benefit he shall have the same estate And of the limitation of those uses you may read many presidents set down by the same Author in his second book of his said first part sect 308. and so forth to 327. These uses were invenced upon the Statute called West 3. or Quia emptores terrarum before the which Statute no uses were known Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the use in another there was a Statute made anno 27 H. 8. cap. 1. whereby it was inacted that the use and possession of lands and possessions should alway stand united New Expositor of law terms verbo Vse v. Cook lib. 1. Chudleise case fol. 121. seq Vsher Ostiarius commeth of the French Huissier i. Accensus Apparitor Ianitor It signifieth with us first an Officer in the Eschequer of which sort there be four ordinary Ushers that attend the chief Officers and Barons of the Court at Westminster and Juries Sheriffs and all other Accountants at the pleasure of the Court. There be also Ushers in the Kings house as of the Privy Chamber c. VT Vtas Octavae is the eighth day following any term or feast as the utas of Saint Michael the utas of Saint Hilary the utas of Saint Martin of Saint John Baeptist of the Trinity c. as you may read anno 51 H. 3. stat concerning general daies in the Bench. And any day between the feast and the eighth day is said to be within the utas The use oâ— this is in the return of Writs as appeareth by the same Statute Vtfangthef is an antient Royalty granted to a Lord of a Manor by the King which giveth him the punishment of a thief dwelling out of his Liberty and having committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third Book tractat 2. cap. 35. seemeth rather to interpret the word than to express the
effect and saith thus Vifangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra ipsius qui tales habet libertates It seemeth to be compounded of these three words Vi fang thef which in our modern English be out take or taken Thief Of this Fleta hath these words Vifangenthef dicitur latro extraneus veniens aliunde de â—erra aliena qui captus fucrit in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suâ—m captum reducere usque in libertatem et ibi cum judicare reducere tamen poterit judicatum et judicium in proprio patibulo exequi ratione libertatis commodum tamen non video Debet enim quilibet juri subjacere ubi deliquit proprios tamen latrones et alienos judicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta lib. 1. cap. 47. See Vtlawrie Vtlagatio capiendo quando utlagatur in uno comitatu et postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set down for the name thereof See the Register original fol. 133. Vtlawrie utlagaria aliâs utlagatio is a punishment for such as being called into law and lawfully sought do contemptuously refuse to appear And as Bracton saith lib. 3. tract 2. cap. 11. He that is sued must be sought and called at 5 Counties a month being between every County to answer to the law And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi et ex tunc utlagabitur that is as the Author of the Terms of Law saith he shall be pronounced by the Coroner to be out of the Kings protection and deprived of the benefit of the Law The effect of this is divers as the same Author saith for if he be out-lawed in an action personal he meaneth at the sute of another in a civil cause he shall forfeit all his goods and cattels to the King if upon felony then he shall forfeit all his Lands and Tenements that he hath in fee-simple or for term of his life and his goods and cattels Bracton ubi supra xum 5. saith that such as be outlawed upon Felony Ex tunc gerunt caput lupinum ita quod sine judiciali inquisitione ritè pereant et secum suum judicium portent et meritò sine lege pereunt qui secundum legem vivere recusarunt Et haec ita si cùm capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum et mors erit et manu Domini Regis See Horns miror of Justices lib. 3. cap. des fautes punishables Bracton saith in the place above specified with whom also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be out-lawed But take his own words Minor vero qui infra aetatem 12. annorum fuerit utlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae utlagari non potest quia ipsa non est sub lege i. Inlangh Anglice sc in franco plegio sive decenna sicut masculus 12. annorum ulteriùs Et ideo non potest utlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit sine ceperit Est enim waivium quod nullus advocat nec princeps eum advocabit nec tuebitur cum fuerit rite Waiviata sicut fit de masculo qui secundum legem terrae ritè fuerit utlagatus c. To the same effect writeth Fitzherbert in his Natura brev fol. 161. viz. And because women be not sworn in Leets to the King as men be of the age of twelve years or upward it is said when a woman is out-lawed that she is waived but not out-lawed for she was never under the law nor sworn unto it More of this you may read in Bracton lib. 3. tractat 2. cap. 12 13. and then in the 14. how an out-law is in-lawed again and restored to the Kings peace and protection See also Fleta lib. 1. cap. 28. per totum Vtrum See Assise Vtter Baristers be such as for their long study and great industry bestowed upon the knowledge of the Common law be called out of their contemplation to practise and in the face of the world to take upon them the protection and defence of the Clyents These are in other Countries called Licentiati in jure Howbeit in modesty they still continue themselves hearers for divers years like the Scholars of Pythagoras that for the first five years never adventured to reason or discourse openly upon any point of their Masters Doctrine which their silence à cohihibendo sermone was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas and Zenodorus do report Vtlepe significat escapium latronum Fleta lib. 1. ca. 47. W WA VVAge vadiare proceedeth of the French Gager i. dare pignus pignore certare and signifieth in our Common law the giving of security for the performing of any thing as to wage law and to wage deliverance which see before in Gage None wageth law against the King Brook titulo Chose in action num 9. The substantive of this verb is Wager in the Latin vadium which some Feudists call wadium as testifieth Hotoman in his Commentaries de verbis feudalibus verbo Wadium See Law Wainage wanagium aliâs wannagium signifieth as much as peculium servorum of the Saxon word wonen i. habitare woening i. habitatio See Gamage Waive waiviare Regist. orig fol. 277. a. is to forsake habere pro derelicto as the Civilians term it Waiviare feudum suum Bracton lib. 2. cap. 7. that is to forsake Many of the Kings liege people to be out-lawed and many waived by erroneous proces anno 7 H. 4. cap. 13. See Vtlawry To waive the company of Theeves Stawnf pl. cor fol. 26. To waive his benefit Idem fol. 46. To waive the advantage Idem praerog fol. 17. Persons attainted or waived West parte 2. symbol tit Fines Sect. 13. D. This word waived waiviata properly belongeth to a woman that being sued in the Law contemptuously refuseth to appear as out-lawed doth to a man Regist. orig fol. 132. b. 277. a. The reason whereof see in Fitz. nat br fol. 161. A. See Weif Wales Wallia is a part of England on the West side inhabited by the off-spring of the antient Britons chased thither by the Saxons being called hither by them to assist them against the might of the Picts The reason of the appellation commeth from the Saxon Wealh i. exterus vel peregrinus for so the Saxons both called them and held them though now to the great quiet of this
which doctrine Fitzherbert in his Natura brevium fol. 112. E. extendeth thus far that if any of the goods be cast upon the dry Land by any in the ship it is no wreck subject to the Prerogative for by this some of the Ship are presumed to come to land and still to have a custody of the goods Cook ubi supra This in the Grand Customary of Normanny cap. 17. is called varech and latined veriscum where it appeareth that the like law to ours was in Normandy almost in all points But some sorts of their precious Merchandise do by their law appertain to the Duke by his Prerogative though a just challenge of the goods be made within the year and day The Emperors 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 poor sea-mens miseries in this case For he quietum clam evit wreck suis subditis Rog. Hoveden parte poster suerum annâ—l fol. 386. Of this M. Skene de verb. siguif speaketh to this effect wreck signifieth a power liberty and prerogative appertaining to the King or to any person to whom the same is granted by him by feoffment or any other disposition to take up and gain such goods as are ship-broken or fall to him by escheat of the sea Writ breve is that with our Common Lawyers in Sir Thomas Smiths judgement lib. 2. de Repub. Anglorum ca. 9. which the Civilians call Actionem sive formulam But I am rather of his judgement that hath added the marginal note unto him saying that Actio is the parties whole sute and that Breve is the Kings precept whereby any thing is commanded to be done touching the sute 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 diversly divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original writs be those that are sent out for the summoning of the Defendant in a personal or Tenent in a real action or other like purpose before the sute beginneth or to begin the sute thereby Those be judicial that be sent out by order of the Court where the cause dependeth upon occasion growing after sute begun Old nat brev fol. 51. And Iudicial is thus by one sign known from the Original because the Teste beareth the name of the Chief Iustice of that Court whence it commeth where the Original beareth in the Teste the name of the Prince Then according to the nature of the action they be personal or real and real be either touching the possession called writs of Entry or the property called writs of right Fitz. nat br sparsim per totum Some writs be at the sute of a party some of office Old nat br fol. 147. Some ordinary some of privilege A writ of privilege is that which a privileged person bringeth to the Court for his exemption by reason of some privilege See Procedendo See the new book of Entries verbo Privilegt See Brief Writ of Rebellton See Commission of Rebellion Writer of the Tallies Scriptor talliarum is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writeth upon the Tallies the whole letfers of the Tellers bills Y. YA YArd lands Virgata terrae is a quantity of land called by this name of the Saxon Gyrdlander but not so certain a quantity as that it is all one in all places For in some Countries it containeth 20 acres in some 24. in some 30. as M. Lamberd saith in his explication of Saxon words verbo virgata terrae This Yard land Bracton calleth virgatam terrae lib. 2. cap. 10. et 37. but he expresseth no certainty what it containeth YE Year and day annus et dies is a time thought in construction of our Common law fit in many cases to determine a right in one and to work an usucapion or prescrition in another As in a case of an estray if the owner Proclamations being made chalenge it not within that time it is forfeit So is the year and day given in case of appeal in case of descent after entry or claim of no claim upon a fine or writ of right at the Common law so of a villein remaining in antient demean of the death of a man sore bruised or wounded of Protections Essoins in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the Civil Law Nam si mortiferè fuerit vulneratus et posteà post longum intervallum mortuus fit inde annum numerabimus secundum Iulianum l. ait lex n. ad legem Aquiâ— Year day and wasto annus dies et vastum is a part of the Kings Prerogative whereby he challengeth the profits of their lands and tenements for a year and a day that are attainted of petit treason or felony whosoever be Lord of the Manor whereunto the lands or tenements do belong and not only so but in the end wasteth the tenement destroyeth the houses rooteth up the woods gardens pasture and ploweth up meadows except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee wherof you may read at large Siawnf prarog cap. 16. fol. 44. et seq YO Yoman seemeth to be one word made by contraction of two Danish words young men which I gather out of Canutus Charter of the Forest set out out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend â—uncupant Dani vero yong men vecaut locati qui curam et onus tum viâ—idâ—s tum veneris suscipiant These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Iugenuos whose opinion the Statute affirmeth anno 6 R. 2. cap. 4 Whereunto adde the Statute anno 20. ejusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our Laws call legalem hominem which as he saith is in English a â—ee man born that may dispend of his own free land in yearly revenue to the sum of 40 shillings sterling Of these he writeth a good large discourse touching their estate and use in this Common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch Yonger yea or not which in the Low-countries signifieth a mean Gentleman or a gay fellow but he that hath added the marginal notes to that book seemeth to draw it from the Saxons Geman which signifieth a maried man M. Verstegan in his restitution of decayed intelligence cap. 10. writeth that Gemen among the antient Teutonicks and Germein among the modern signifieth as much as common and that the first Letter G. is in this word as in many others turned into Y. and so writeth Yemen and that therefore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place between the Sergeant and the Groom as Yoman of the Chaundry and Yoman of the Scullery an 33 Hen. 8. cap. 12. Yoman of the Crown anno 3 Ed. 4. cap. 5. anno 22 ejusdem cap. 1. anno 4 H. 7. cap. 7. This word Yongmen is used for Yomen in the Statute anno 33 H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS
the suggestion of the party they do find the suggestion false or not proved and therefore the cause to be wrongfully called from the Court Christian then upon this consultation or deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a consultation Of this you may read the Register orig fol. 44 45. c. usque fol. 58. Old nat br fol. 32. Fitz. eodem fol. 50. Contenement contenementum seemeth to be the free-hold Land which lyeth to a mans Tenement or dwelling house that is in his own occupation For in Magna charta chap. 14. you have 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 manner thereof saving to him his contenement or free-hold And a Merchant likewise shall be amerced saving to him his merchandies and any other villain then owers shall be amerced saving his waynage if he take him to our mercy And Bracton lib. 3. tractat 2. cap. 1. num 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti secundùm quod delictum fuit magnum velparvum salvo contenemento suo mercator verò non nisi salva merchandiz sua villanus nisi salvo Waniagio suo which mercy seemeth to have been learned from the Civil law whereby executio non potest fieri in boves aratra aliave instrumenta rusticorum l. executores Authen Agricultores Co. quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei judica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate π. de verbo significa Quae tamen rusticorum militum scholarium privilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Johan Eimericus in processu judiciario cap. de Executione senten 79. num 11. Continuance seemeth to be used in the Common law as prorogatio is in the Civil law For example Continuance until the next Assise Fitz. nat br fol. 154. F. and 244. D. in both which places it is said that if a record in the Treasurie be alleged by the one party and denyed by the other a certiorari shall be sued to the Treasurer and the Chamberlain 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 th◠Tower the King shall send to the Justices repeating the certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. 199. and also anno 11 H. 6. cap. 4. Continual claim continuum clameum is a claim made from time to time Within every year and day to Land or other thing which in some respect we cannot attain without danger For example if I be disseised of land into which though I have right unto it I dare not enter for fear of beating it behooveth me to hold on my right of entry to the best opportunity of me and minetheir by approaching as neer it I can once every year as long as I live and so I save the right of entry to mine heir Terms of Law Again if I have a slave or villein broken from me and remaining any where within the ancient demeasne of the King being in the hands of the King I cannot maintain the writ de nativo habendo as long as he contuinueth there but if I claim him within the year and the day and so continue my claim until I can find him within that compass I may lawfully lay hold of him as mine own Fitz. nat br fol. 79. See more in Litleton verbo Continual claim And the new book of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a Covenant or agreement with a lawful consideration or cause West parte prim symbol l. 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 ut vel uterque invicē vel alteruter obligetur Who so will throughly examine the difference between this pactum and such otherwords something like in signification let himsearch the Civilians and he shall find workboth pleasant and profitable and well fitting the Common law also Contra formam collation is is a Writ that lieth against an Abbot or his successor for him or his heir that hath given land toan Abbey to certain good uses and findeth that the Abbot or his Successour hath made a Feofment thereof with the assent of the Tenents to the disherison of the House and Church This is founded upon the statute of West 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the Author of the Terms of Law saith that this is not brought against the Tenent or alienee Contra formam feoffamenti is a Writ that lyeth for the heir of a Tenent infeoffed of certain Lands or Tenements by charter of Feofment of a Lord to make certain services and sutes to his Court and is afterward distreined for more than is contained in the said charter Register orig fol. 176. Old nat br fol. 162. and the Terms of the Law Contributione facienda is a Writ that lieth in case where more are bound to one thing and one is put to the whole burthen Fitz. nat br fol. 162. bringeth these examples If Tenents in common or joynt hold a Mill pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute toward the reparation thereof the rest shall have this Writ to compel them And if there be three Coparceners of Land that owe sute to the Lords Court and the eldest perform the whole then may she have this Writ to compel the other two to a contribution of the charge or to one of them if one onely refuse The Old nat br frameth this Writ to a case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by distresse as intirely as if all were still in one fol. 103. See the Register orig fol. 176. Controller contrarotulator commeth of the French contrerouleur i. antigraphus graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was used for him cui ia muneris iujunctum erat ut observares pecúniam quam in usum Principis vel civitatis collegerunt exactores Budaeus in annota prio in pand tit De officio quaestoris In England we have divers officers of this name as Controller of the Kings house pl. cor fol. 52. anno 6 H. 4. cap. 3. Controller of the Navie anno 35 Elizabeth cap. 4. Controller of the Custome Cromptons
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the King for a fine formerly acknowledged before him in his Court which is paid by the Cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff of a City or Town commanding them to proclaim that none cast filth into the ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction 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 laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture 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 near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or
message as for the appehension of a party accused or suspected of any offence committed Those that be used in Marshal causes be called Perswivants at arms anno 24 Henr. 8. cap. 13. whereof there be four in number of special names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his body was naked to the skin not so much as one clout about him and was trussed behind a Pursuyvant at arms like a hog or a calf c. The rest are used upon other messages in time of peace and especially in matters touching jurisdiction See Herald Purveyour provisor commeth of the French Pourvoire i. providere prospicere It signifieth an officer of the King or Queen or other great personage that provideth corn 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 ejusdem Articuli super chartas 2. and many other Statutes gathered by Rastal under this title Powldavis anno 1 Jacob. ca. 24. Power of the County posse comitatus by M. Lamberds opinion in his Eirenar li. 3. cap. 1. fol. 309 containeth the ayde and attendance of all Knights gentlemen yeomen labourers servants apprentises and villains and likewise of Wards and of other young men above the age of fifteen years within the County because all of that age are bound to have harnesse by the statute of Winchester But women ecclesiastical persons and such as be decrepit or do labour of any continual infirmity shall not be compelled to attend For the statute 2 Hen. 5. cap. 8. which also worketh upon the same ground saith that persons sufficient to travell shall be assistant in this service Pound parcus seemeth to signifie generally any inclusure of strength to keep in beasts but especially with us it signifieth a place of strength to restrain cattel being distrained or put in for any trespass done by them untill they be replevied or redeemed And in this signification it is called a pound overt or open pound being builded upon the waste of some Lord within his fee and is called the Lords Pound For he provideth it to his use and the use of his tenants See Kitchin fol. 144. It is divided into pound open and pound close pound open or overt is not only the Lords pound but a backside court yard pasture or else whatsoever whither the owner of any beasts impounded may come to give them meat and drink 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 unto to the purpose aforesaid without offence as some close house or such like place Poundage is a Subsidy granted to the King of all manner of merchandizes of every merchant denizen and alien carried out of this Realm or brought into the same by way of Merchandize to the valew of twelve pence in every pound an 12 Ed. 6. cap. 13. an 31 Elizab. cap. 5. anno 1 Iacobi cap. 33. PR Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which every member or Canon of a Cathedral church receiveth in the right of his place for his maintenance And though use hath wrought the Latine word into the nature of a Substantive yet I think it originally to be an Adjective or Participle and to have been joined with pars or portio as Canonica portio which is in manner all one in signification Howbeit Canonica portio is properly used for that share which every Canon or Prebendary receiveth yearly out of the common stock of the Church and praebenda is a several benefice rising from some temporal land or church appropriated toward the maintenance of a Clerk or member of a collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends be either simple or with dignity Simple Prebends be those that have no more but the revenew toward their maintenance Prebends with dignity are such as have some jurisdiction annexed unto them according to the divers orders in every several Church Of this see more in the title De Praebendis dignitat in the Decretals Alciat saith that Praebenda in the plurall number and neuter gender was anciently used as now Praebenda in the singular number and feminine gender is used parerg cap. 43. Praebendary praebendarius is he that hath a praebend See Prebend Precept praeceptum is diversly taken in the Common law sometime for a commandement in writing sent out by a Iustice of peace or other for the bringing of a person one or more or records before him of this you have examples of divers in the table of the Reg. Judicial And this use seemeth to be borrowed from the customes of Lombardy where praeceptum signifieth scripturam vel inftrumentum Hot. in verbis feudal libro 3. Commentariorum in libros feudorum in praefatione Sometime it is taken for the provocation whereby one man inciteth another to commit a felony as theft or murder Stawnf pl. cor fol. 105. Bracton calleth it praeceptum or mandatum lib. 3. tract 2. cap. 19. whence a man may observe three diversities of offending in murder Praeceptum fortia consilium praeceptum being the instigation used before hand fortia the assistance in the fact as help to bind the party murdered or robbed consilium advise either before or in the deed The Civilians use mandatum in this case as appeareth by Angelus in tracta de male ficiis vers Sempronium Mandatorem Praeceptories an 32 H. 8. cap. 24. were benefices in a kind and termed preceptories because they were possessed by the more eminent sort of the Templers whom the chief master by his authority created and called praeceptores Templi Joach Stepha de Jurisdict li. 4. ca. 10. nu 27. See Comaundâ—y Praecipe quod reddat is a writ of great diversity touching both the form and use for better declaration whereof see Ingressus and Entry This form is extended as well to a writ of right as to other writs of entry or possession Old nat br fo 13. and Fitzher nat br fol. 5. And it is called sometime a writ of right close as a praecipe in capite when it issueth out of the Court of Common plees for a Tenent holding of the King in chief as of of his Crown and not of the King as of any honour castle or manor Register orig fol. 4. b. Fitz. nat br fol. 5. F. Sometime a writ of Right patent as when it issueth out of any Lords Court for any of his Tenents deforced against the deforcer and must be determined there Of this read more at large in Fitz. nat br in the very first chapter or writ of all his book Praemunire is taken either for a writ or for the offence whereupon this writ is granted The one may well enough be understood by the other It is