the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
Normannorum atque Cynomannensium 1066 Oct. 14 20 11 22 583 Sept. 9 2 Willielmus Rex Anglorum Willielmus dei gratia nutu Dei Rex Anglorum 1087 Sept. 9 12 11 18 570 Aug. 1 1 Henric is Rex Anglorum Henricus Dei gratia Rex Anglorum Henricus gratia Dei Rex Anglorum Princeps Normannorum 1100 Aug. 1 35 4 1 535 Dec. 1 Stephanus Rex Anglorum Stephanus Dei gratia Rex Anglorum 1135 Dec. 1 18 11 18 516 Oct. 25 2 Henricus Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae 1154 Oct. 25 35 9 8 481 July 6 1 Ricardus Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae 1189 July 6 9 9 1 471 April 6 Johannes Dei gratia Rex Angliae Dominus Hiberniae Dux Normanniae Aquitaniae Comes Andegaviae 1199 April 6 17 7 0 454 Oct. 19 3 Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Normanniae Aquitaniae Comes Andegaviae Anno Regni 44 He Styl'd himself Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae 1216 Oct. 19 56 1 9 398 Nov. 16 1 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae In Records sometimes named Edward of Westminster 1272 Nov. 16 34 8 6 363 July 7 2 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae And 14 regni added Comes Pontivi Monstroill Pat. 14 Ed. 2. Par. 2 m. 14. Stiled also Edw. of Carnarvan 1307 July 7 19 7 5 344 Jan. 25 3 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Anno 13 Regni he omitted Dux Aquitaniae He was also called Edward of Windsor and was the first that used Post Conquestum in His Title 1326 Jan. 25 51 5 7 293 June 21 2 Ricardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1377 June 21 22 3 14 271 Sept. 29 4 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1399 Sept. 29 13 6 3 257 Mar. 20 5 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae Et Anno Regni 8 Hen. Dei Gratia Rex Angliae haeres Regens Franciae Dominus Hiberniae 1412 Mar. 20 9 5 24 248 Aug. 31 6 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1422 Aug. 31 38 6 8 210 March 4 4 Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1460 March 4 23 1 8 187 April 9 5 Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1483 April 9 0 2 18 187 June 18 3 Ricardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1483 June 22 2 2 5 185 Aug. 22 7 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1485 Aug. 22 23 10 2 162 Apr. 22 8 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae Et Anno 10 Regni Henricus octavus Dei gratia c. Anno 13 Regni fidei Defensor was added Et An. 22 Regni in terra Ecclesiae Anglicanae Hiberniae supremum caput was added Et an reg 34 Rex Hiberniae was added 1059 Apr. 22 37 10 2 124 July 28 6 Edwardus Sextus Dei gratia Angliae Franciae Hiberniae Rex fidei Desensor Et in terra Ecclesiae Anglicanae Hiberniae supremum caput 1546 Ian. 28 6 5 19 117 Iuly 26 Queen Mary summon'd her first Parliament by the same Title but soon after omitted Supremum Caput After She Married King Philip She used Her own and his titles c. 1553 Iuly 26 5 4 22 112 Nov. 17 Elizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei defensor 1558 Nov. 17 44 4 16 68 March 24 Jacobus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1602 Mar. 24 22 8 2 45 March 27 1 Carolus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1625 Mar. 27 23 10 2 22 Ian. 30 2 Carolus Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1648 Ian. 30 Vivat Vivat OGDOSTEICHON TECHNICON Regum Reginarumque Angliae WIl Conq. Will Rufus Henri Steph. Henque secundus Ric. John Henricus tres Edward Rique secundus Post hos regnavit quartus quintus quoque Henri Hen. sextus Edward quartus quintusque Ricardus Tertius Hen. Sept. Oct. Edwardusque Maria Eliz. Jac. Carolus primus CAROLUSQUE SECUNDUS Regnat aeterno vivat praeclarus honore Imperium Oceano famam qui terminet astris A Law-Dictionary Interpreting such difficult Words and obscure Terms as are found either in our Common or Statute Ancient or Modern LAWS A ABactors abactores were stealers of Cattle or Beasts by Herds or great numbers and were distinguished from Fures Nam qui ovem unam surripuerit ut fur coercetur qui gregem ut abactor M. S. Abate from the French abatre or abbatre i. To fell break down or defeat utterly signifies properly to diminish or take away and in our Law-writers it has a like signification For to abate a Castle or Fortlet Old Nat. Br. fol. 45. in Westm 1. cap. 17. is interpreted to beat it down And to abate a Writ is to defeat or overthrow it by some error or exception Britton cap. 48. As he that puts out the Possessor is said to Disseise so he that steps in between the former Possessor and his Heir is said to abate And in the Stat. De conjunctim Feoffatis 34. Edw. 1. The Writ shall be abated that is shall be disabled or overthrown So in Stamfords Pleas of the Crown fol. 148. The Appeal abates by Covin i. The Accusation is defeated by Deceit Anno 11 Hen. 6. cap. 2. The Justices shall cause to be abated and quashed the said Writ See Intrusion Abatement Fr. is sometimes used for the Act of the Abator as the Abatement of the Heir into the Land before he has agreed with the Lord Old Nat. Br. fol. 91. Sometimes for the affection or passing the thing abated as Abatement of the Writ Kitchin fol. 214. And in this signification it is as much as Exceptio dilatoria with the Civilians Brit. cap. 51. or rather an effect of it For the Exception alleaged and made good works the Abatement And this Exception may be taken either to the insufficiency of the Matter or incertainty of the Allegation by misnaming the Plantiff Defendant or place to the variance between the Writ and the Specialty or Record to the incertainty of the Writ Count or Declaration or to the death of either of the parties before Judgment had and for divers other causes Upon which defaults the Defendant may pray That the Writ or Plaint may abate that is the Plaintiffs sute against him may cease for that time To prevent the Abatement of Writs of Error see
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
other keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causeth the Proclamations to be endorsed when they are proclaimed In the Court of Kings Bench there is likewise a Custos brevium Rotulorum who fileth such Writs as are there used to be filed and all Warrants of Attorney and transcribeth or maketh out the Records of Nisi Prius c. Custos placitorum Coronae Bracton lib. 2. cap. 5. Seems to be all one with him whom we now call Custos Rotulorum Of which I finde mention in the Writ De Odio atia Reg. of Writs fol. 133. b. Custos Rotulorum Is he who hath the custody of the Rolls or Records of the Sessions of Peace and of the Commission of the Peace it self He is always a Justice of Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Judge because the Commission of the Peace by express words lays this special charge upon him Quod ad dies loca praedicta Brevia Praecepta Processus Indictamenta praedicta coram te dictis sociis tuis venire facias Lamb. Eiren. lib. 4. cap. 3. pag. 373. where you may read more touching this Office Who shall appoint the Custos Rotulorum in every County See 37 Hen. 8. cap. 1. and 3 4 Edw. 6. cap. 1. 2 Inst fol. 674. Custos of the Spiritualties oustos spiritualitatis vel spiritualium Is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Diocess during the vacancy of the Sea the appointment of whom by the Canon Law appertains to the Dean and Chapter But with us in England to the Archbishop of the Province by Prescription Howbeit divers Deans and Chapters if Gwin say true in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cutter of the Talleys Is an Officer in the Exchequer that provides Wood for the Talleys and cuts the sum paid upon them and then casts the same into the Court to be written upon Cyricsceat Sax. Vectigal Ecclesiae Primitias seminum quisque ex eo dato Domicilio in quo ipso natali die domini commoratur Spelm. de Concil vol. 1. fol. 125. See Churchesset D. DAkir According to the Stat. 51. Hen. 3. De Compositione ponderum Mensurarum A Last of Hides consists of Twenty Dakirs and every Dakir of Ten Hides But by 1 Jac. cap. 33. or Last of Hides or Skins is Twelve dozen I have also read of a Dakir of Iron but finde not its quantity Damage Lat. Damnatio Fr. Dommage Signifies generally any hurt or hindrance that a Man receives in his Estate but particularly a part of that the Jurors are to enquire of when the Action be it real or personal passeth for the Plaintiff For after Verdict given of the principal cause they are asked their Consciences touching Costs which are the charges of Sute called by the Civilians Expensae litis and Damages which comprehend a recompence for what the Plaintiff or Demandant hath suffered by means of the wrong done him by the the Defendant or Tenant Coke on Littl. fol. 257. Damage Cléer Damna Clericorum Is now assessed by the Tenth part in the Common Pleas and the Twentieth part in the Kings Bench and Exchequer of all Damages exceeding Five Marks recovered either by Verdict Confession or Judgment of the Court in all Actions upon the Case Covenant Trespass Battery False imprisonment Dower and all others wherein the Damages are incertain which the Plaintiff must pay to the Prothonotary or chief Officer of that Court wherein they are recovered before he shall have any Execution for them For example If one lends another on his word or note under hand One hundred pound or sells commodity to that value the Lender or Seller is forced to sue in an Action of the Case recovers must pay Ten pound if in the Common Pleas and Five pound in the Kings Bench or Exchequer and so proportionably for a greater or lesser sum before he can have Execution This was originally no other then a gratuity given the Prothonotaries and their Clerks for drawing special Writs and Pleadings which afterwards grew to a certainty and was not as some have fancied anciently a Tenth part of the Damages recovered For it doth appear by ancient Records that it hath been at an incertain rate sometimes a Sixth and at other times a Third part This by Act of Parliament 17 Car. 2. cap. 6. is taken away from and after the 29 of September 1672. And till that time and no longer Damage Cleer shall be paid out of such Moneys onely as shall be actually levied or otherwise paid by the Defendants and onely for the proportion of the Money which shall be so levied or paid and no more or otherwise Damage Fesant Fr. Dammage Faisant i. Doing hurt or damage As when a strangers Beasts are doing hurt or spoil in the Grass Corn Woods c. of another Man without his leave or licence In which case the party whom they damage may therefore take distrain and impound them as well in the night as day But in other cases as for Rent Services and such like none may distrain in the night Stat. De Districtione Scaccarii Anno 51 Hen. 3. Danegelt Danegold or Dane-geld Gelt in Dutch signifies Money Was a Tribute laid upon our Ancestors of Two shillings for every Hide of Land through the Realm by the Danes who once mastered us in regard as they pretended of clearing the Seas of Pyrats which greatly annoyed our Coasts in those days Camd. Britan. 83. Stow in his Annals fol. 118. says This Tribute came to 40000 l. per annum and began in the time of King Etheldred who being much distressed by the continual invasion of the Danes to procure his Peace was compelled to charge his people with heavy payments For first he gave them at five several payments 113000 l. and afterwards 48000 l. yearly which was released by Edward the Confessor according to Ingulphus fol. 510. a. Others say it continued till Hen. 1. or K. Stephen See Hoveden par post Annal. fol. 344. a. Spelmans Glossarium and Seldens Marc clausum fol. 190. Et sint quieti de Lene Danegeld Gaywitte de omnibus aliis consuetudinibus c. Carta Hen. 7. Ballivis Burgens Mountgomer Danelage See Merchenlage Darrein Is a Corruption from the French Dernier i. Ultimus and we use it in the same sence as Darrein Continuance See Continuance Darrein Presentment ultima Presentatio See Assize of Darrein Presentment Datife or Dative Dativus That may be given or disposed of Whether a Prior shall be Datife and removable or perpetual shall be tryed by the Ordinary Anno 9 Rich. 2. ca. 4. Si Prior Datife removeable suffer eschape respondeat superior 45 Ed. 3. 9 10. Day Dies Is sometimes used for the Day of Appearance in Court either
signatus sculptus in pariete Cancellae Ecclesiae de Edwynstone in Ecclesia B. Mariae de Nottingham Et dictus Pes continet in longitudine octodecim Pollices Et in arrentatione quorundam vastorum Pertica 20 21 24 pedum usa fuit c. Ex Regist Abb. de novoloco in Com. Nott. Pesage Pesagium Custom paid for weighing Wares or Merchandise MS. temp E. 3. For Peisa we find used for Pondus hence to Peise or Poise Ponderare Pessona Mast Md. quod anno regni Regis Hen. filii Regis Joh. 37. Dominus de Fretchevil homines sui in bosco de Derley apud Cruche Pessonam scil glandes nuces virgis cortis excussisset querela inde deducta in Comitatu c Anno gratiae MCCLXIII Mon. Angl. 2 Par. fo 231. b. So tempore Pessonae often occurs for Mast-time or the season when Mast is ripe which in Norfolk they call Shacking-time Quod habeat decem porcos in tempore de Pesson in boscomeo c. fo 113. 10. Pestarable wares Seem to be such Wares or Merchandise as pester and take up much room in a Ship Anno 32 Hen. 8. ca. 14. Peter-Corne Rex Athelstanus concessit Deo beato Petro Ebor. Colideis praedictis de qualibet Caruca arante in Episcopatu Eboraci unam Travam bladi Anno Domini 936 quae usque in praesentem diem dicitur Peter-corne Ex Reg. S. Leonardi Ebor. in Bibl. Cottoniana fo 5. a. Peter-pence Denarii Sancti Petri otherwise called in the Saxon Romefeoh i. The Fee of Rome also Rome-scot and Romepennyng was a Tribute given by Inas King of the West-Saxons being in Pilgrimage at Rome in the year of our Lord 720 towards the maintenance of a Saxon-School which was a Peny for every house Lamb. Expl. of Saxon words verbo Nummus And fo 128. in St. Edwards Laws num 10. thus Omnes qui habent 30 denariatus vivae pecuniae in domo sua de suo proprio Anglorum lege dabit Denarium Sancti Petri lege danorum dimidiam markam Iste vero denarius debet summoniri in solemnitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad Vincula ita ut ultra illum diem non detineatur c. King Edgars Lawes fo 78. ca. 4. contain also a sharp constitution touching this matter See Romescot St. Peter ad vincula Anno 4 Edw. 4. ca. 1. 17 Ed. 4. ca. 5. See Gule of August Petit cape See Cape Petit larceny Parvum latrocinium See Larceny Petit-treason Fr. Petit trahizon i. Proditio minor Is Treason of a lesser or lower kind For whereas High-Treason is an offence committed against the person of the King and the security of the King and Common-wealth Petit-Treason is where a Servant kills his Master a Wife her Husband a Secular or Religious Man his Prelate Anno 25 Edw. 3. ca. 2. whereof see Cromptons Just of P. fo 2. And for the punishment of it the Stat. 22 Hen. 8. ca. 14. Petition Petitio Signifies in general a Supplication made by an Inferior to a Superior and especially to one having Jurisdiction Anno 13 Car. 2. ca. 5. Petra lanae A Stone of Wool See Stone Petty-fogger from the Fr. Petite Small and Sax. Fogere A Wooer Suiter or Solliciter A silly Advocate a petty Attorney or Lawyer or rather a trouble-Town having neither Law nor Conscience Pharos A Watch-tower No man can build or erect Light-houses Pharos Sea-marks or Beacons without lawful warrant and authority 3 Inst fo 204. Philiser See Filazer Picards A kind of great Boats of fifteen Tun or upwards on the River Severne mentioned 34 35 Hen. 8. ca. 9. Also a Fishers boat Anno 13 Eliz. ca. 11. Piccage Piccagium from the Fr. Piquer i. Effringere Effodere Money paid in Fairs to the Lord of the Soil for leave to break the ground to set up Booths Stalls or Standings Piccage i. Aliquis veniens ad forum nostrum de Rudham cum rebus suis frangendo vel pictando aliquam placcam in dicto foro Prior habebit inde redemptionem Ex registro Priorat de Cokesford Pickards No Person shall use any Iron Cards or Pickards in rowing any Woollen Cloth upon pain to forfeit the same and xx s. for every offence Anno 3 4 Edw. 6. ca. 2. Picle alias Pightel Pictellum Pightellum A small parcel of Land enclosed with a hedge a little Close perhaps from the Italian Picciola i. Minutus which the common people in some parts of England do usually call a Pingle Piepowder Court Curia pedis pulverizati From the Fr. Pied i. Pes Pouldreux i. Pulverulentus Is a Court held in Fairs to yield Justice to Buyers and Sellers and for redress of all disorders committed in them So called because they are most usual in Summer and Suiters to this Court are commonly Country Clownes with dusty feet or from the expedition intended in the hearing of Causes proper thereunto before the dust goes off the Plaintiffs and Defendants feet Of this Court read the Statute 17 Edw. 4. ca. 2. 4 Inst fo 272. and Cromp. Jur. fo 221. This among our old Saxons was called Ceapung-gemot i. A Court for Merchandise or handling matters of buying and selling See Justices of the Pavilion Pig of Lead See Fother Pike or Pick. See Polein Pille of Foddray or Fouldrey In the County of Lancaster Anno 2 Hen. 6. ca. 5. seems to be a defence built on a Creek of the Sea and called Pille by the Idiom of the Country for a Pile or Fort built for the safegard or protection of any place This Pile was erected there by the Abbot of Fornesse in the first year of Edw. 3. Cam. Brit. Rex Dedimus Henrico Comiti Northumb. Insulam Castram Pelam Dominium de Man c. Ror Pat. 1 Hen. 4. m. 36. Pillory Collistrigium q. Collum stringens Pilloria from the Fr. Pilleur i. Depeculator Is an Engin made of Wood to punish Offenders well known By the Statute of 51 Hen. 3. you may see who were then subject to this punishment In the Laws of Canutus ca. 42. it is called Halsfange Sir Henry Spelman says 't is supplicii Machina ad ludibrium magis quam paenam Item utimur tenere Statuta Pistorum omnino sicut antecessores nostri tenuerunt viz. Quod si Pistor in male agendo puniatur per tres vices si post terciam monicionem culpabilis inveniatur Balivi Capitales si ipsum poterint invenire ipsum capiant pro toto puniant habebit vile odibile Judicium de Collistrigio i. the Pillory MS. Codex de LL. Consuetud Burgi-villae Montgom a temp Hen. 2. fo 12. b. See Healfange Pioneers Fr. Pionniers i. Fossores Such Labourers as are taken up for the Kings Army to east up Trenches or undermine Forts Anno 2 3 Ed. 6. ca. 20. Pipe Pipa Is a Roll in the Exchequer otherwise called the great Roll
Mixta quae dicitur Actio Hirciscundae locum habet inter eos qni communem habent haereditatem c. See Coke on Littl. fol. 262. b. Action is also according to the Form of the Writ divided into such as are conceived to recover either the simple value of the thing chalenged or the double trebble or quadruple As a Decies tantum lies against Embracers Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both parties And to be short any other Action upon a Statute that punishes any offence by Restitution or Fine proportionable to the Transgression Action is Pre-judicial otherwise termed Preparatory or else Principal Pre-judicial is that which grows from some question or doubt in the Principal As if a Man sue his younger Brother for Land descended from his Father and it is objected he is a Bastard Bracton lib 3. cap. 4. Numb 6. This point of Bastardy must be tryed before the cause can further proceed and therefore is termed Pre-judicialis quia prius judicanda Action is either Ancestrel or Personal Stamf. Pl. Cor. 59. Ancestrel seems to be that which we have by some right descending from our Ancestor and Personal which has beginning in and from our selves There is also Action Ancestrel Droiturel and Action Ancestrel Possessary which see in Cokes 2 Inst fol. 291. Action upon the Case actio super casum is a general Action given for redress of wrongs done to any Man without force and by Law not especially provided for and is now most in use For where you have any occasion of Suite that neither has a fit name nor certain Form already prescribed there the Clerks of the Chancery in ancient time conceived a sit Form of Action for the thing in question which the Civilians call Actionem in Factum and we Action upon the Case Action upon the Statute actio super Statutum is an Action brought against a Man upon an offence against a Statute whereby an Action is given and lay not before As where one commits Perjury to the prejudice of another he who is endamaged shall have a Writ upon the Statute and his Cause And the difference between an Action upon the Statute and Action Popular is Where the Statute gives the Suite or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where Authority is given by the Statute to every one that will so sue that is termed Action Popular Action is Perpetual or Temporal Perpetua vel Temporalis and that is called Perpetual whose force is by no time determined Of which sort were all Civil Actions among the Ancient Romans viz. Such as grew from Laws Decrees of the Senate or Constitutions of the Emperors whereas Actions granted by the Pretor died within the year So we have in England Perpetual and Temporary Actions and I think all may be called Perpetual that are not expresly limited As divers Statutes give Actions so they be pursued within the time by them prescribed namely the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed and no longer And the Statute of 7 Hen. 8. cap. 3. doth the like for four years and that of 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 So in our Law though Actions may be called Perpetual in comparison of those that are expresly limited by Statute yet is there a means to prescribe against Real Actions after five years by a Fine levied or a Recovery suffered as you may see in the words Fine Recovery and Limitation of Assize Action of a Writ is a term used when one pleads some matter by which he shews the Plaintiff had no cause to have the Writ he brought yet it may be he might have another Writ or Action for the same matter Such a Plea is called A Plea to the Action of the Writ Whereas if by the Plea it should appear That the Plaintiff has no cause to have an Action for the thing demanded then it is called A Plea to the Action Cowel Acts of Parliament are Positive Laws which consist of two parts viz. Of the words of the Act and the sence of it and they both joyned together make the Law Acton-Burnel a Statute so called made 13 Edw 1. An. 1285. Ordaining the Statute Merchant for Recovery of Debts and was so termed because made at Acton-Burnel a Castle anciently of the Burnels afterward of the Lovels in Shropshire Actuary actuarius is the Scribe that Registers the Acts and Constitutions of the Convocation Addition additio signifies A Title given to a Man over and above his Christian and Sirname shewing his Estate Degree Mystery Trade Place of dwelling c. Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are those we call names of Dignity as Knight Lord Earl Marquess and Duke Additions of Mystery are Scrivener Painter Mason c. Addition of Town as Dale Thorp and such like And where a Man hath houshold in two places he shall be said to dwell in both of them so that his Addition in either may suffice By the Statute of 1 Hen 5. cap. 5. It was ordained That in Suits or Actions where Proces of Outlary lies such Additions should be to the name of the Defendant to shew his Estate Mystery and place where he dwells and that the Writs not having such Additions shall abate if the Defendant take exception thereto but not by the Office of the Court. And this was ordained to the intent that one Man might not be vexed or troubled by the Outlary of another but by reason of the certain Addition every person may bear his own burden See 2 Part. Institut fol. 595. 666. And the Statute 27 Eliz. cap. 7. Addoubors See Redoubors Adeling or Ethling from the Sax. Æðelan i. nobilis Was a Title of Honor among the Angles properly appertaining to the Successor of the Crown For King Edward being himself without issue and intending to make Eadgar to whom he was great Uncle by the Mothers side his heir to this Kingdom called him Adeling Hoveden parte poster Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept cap. ante-penult See more of this word in Spelmans Glossarium Adjournment from the Fr. adjournement Is when any Court is dissolved for the present or put off and assigned to be kept again at another day or place Adjournment in Eyre Anno 25 Edw. 3. Statute of Purveyers cap. 18. Is an appointment of a day when the Justices in Eyre mean to sit again And in 2 Edw. 3. cap. 11. Adjournment has the like signification See Prorogue Adjudication adjudicatio A giving by Judgment a Sentence or Decree An. 16 17 Car. 2. cap. 10. Ad inquirendum is a Writ
to the Hundred of Egerdon This in ancient Records is called Certum Letae See Common Fine Certificat Lat. Is used for a Writing made in any Court to give notice to another Court of any thing done therein For example a Certificat of the cause of Attaint is a Transcript made briefly by the Clerk of the Crown Clerks of the Peace or of Assise to the Court of Kings Bench containing the Tenor and Effect of every Indictment Outlary or Conviction or Clerk attainted made or pronounced in any other Court Anno 34 H. 8. cap. 14. Broke fol. 119. Certification of Assise of Novel Disseisin c. Certificatio Assisae novae Disseisinae c. Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices Of which see Reg. of Writs f. 200. And the New Book of Entries verbo Certificat of Assise This is used when 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 desires a farther examination of the cause either before the same Justices or others and obtains Letters Patent to them to that effect The Form of which Letters see in Fitz. Nat. Br. fol. 181. and that done brings a Writ to the Sheriff to call both the party for whom the Assise passed and the Jury that was empaneld on the same before the said Justices at a certain day and place And it is called a Certificat because therein mention is made to the Sheriff that upon the parties complaint of the Defective Examination or Doubts yet remaining upon the Assise paâ—sed the King hath directed His Letters Patent to the Justices for the better certifying themselves whether all Points of the said Assise were duly examined Of this read Bracton lib. 4. cap. 19. num 4. and Horns Mirror lib. 3. Certificando de recognitione Stapulae Is a Writ directed to the Major of the Staple c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him in case where the party himself detains it and reâ—use h 〈…〉 bring it in Reg. of Writs fol. 152. b. The like may be understood of Certificando de Statuto Mercatorio fol. 148. And De Certificando in Cancellariam 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 Warrantiae fol. 13 Certiorari Is a Writ issuing out of the Chancery to an Inferior Court to call up the Records of a Cause there depending that conscionable Justice may be done therein upon complaint made by Bill that the party who seeks the said Writ hath received hard dealing in the said Court See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register both Original and Judicial in the Tables verbo Certiorari Crompton in his Justice of Peace fol. 117. says This Writ is either returnable in the Kings Bench and then hath these words Nobis mittatis or in the Chancery and then hath in Cancellaria nostra or in the Common Bench and then Justiciariis nostris de Banco Cessavit Is a Writ that lies in divers Cases as appears by Fitz. Nat. Br. fol. 280. Upon this general ground i. That he against whom it is brought hath for two years neglected to perform such Service or to pay such Rent as he is tied to by his tenure and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained See Fleta lib. 5. cap. 34. sect visa sunt See Cessavit de Cantaria Cessavit de feodi firma Cessavit per biennium in Reg. of Writs fol. 237 238. And New Book of Entries verbo Cessavit It lies not but for Annual Service as â—eat and such like not for Homage or Fealty Cesses Anno 22 Hen. 8. cap. 3. Seems to signifie Assessments or Taxes Cesse or Ceasse in Ireland is an exaction of Provision of Victuals at a certain rate for the Deputies Family and the Soldiers in Garison Sir Rich. Bakers Chron. fol. 376. Cession Cessio A ceasing yielding up or giving over Si un Farson ou Dean en Angliterre prist un Evesquery en Ireland ceo fait le primier Esglise void per Cession Latches Rep. fol. 234. Ratione vacationis Prioratus praedicti per Cessionem Fratris Rogeri de Wellington ultimi Prioris c. Claus 13 Edw. 3. pag. 1. m. 38. Cessor Lat. A loyterer or idle fellow but we use it for him who ceaseth or neglects so long to perform a duty belonging to him as he thereby incurs the danger of Law and is liable to have the Writ Cessavit brought against him Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth without any more words is to be understood that the Tenant ceaseth to do what he ought or is bound to do by the Tenure of his Lands or Tenement Cessure or Cesser Is also used for a ceasing giving over or departing from Westm 2. cap. 41. Cestui qui vie in true French Cestui a vie de qui Is he for whose life any Land or Tenement is granted Perkins tit Grants 97. Cestui que use an Abstract of the Fr. Cestui al use de qui Is an usual phrase signifying him to whose use any other Man is enfeoffed in any Lands or Tenements See the New Book of Entries verbo Uses And in Replevin fol. 508. colum 3. and verbo Trespass fol. 606. and fol. 123. a b. col 3. num 7. Anno 1 Rich. 3. cap. 1. and Coke lib. 1. fol. 133. Anno 12 Car. 2. cap. 30. Cestui qui trust Is he who hath a trust in Lands or Tenements committed to him for the benefit of another Anno 12 Car. 2. cap. 30. Chafewax Is an Officer in Chancery that fits the Wax for the Sealing of the Writs and such other Instruments as are there made to be issued out So in France Calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chaffers Anno 3 Edw. 4. cap. 4. Seem to signifie Wares or Merchandize for Chaffering is yet used for buying and selling Chaldron or Chalder of Coals Contains Thirty six Bushels heape up and according to the Bushel sealed for that purpose at Guildhal in London Annis 16 17 Car. 2. cap. 2. It is written Chawdren Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud i. hot Challenge from the Fr. Chalenger i. sibi asserere Is used for an Exception taken either against persons or things Persons as in Assise to the Jurors any one or more of them or in case of Felony by the Prisoner at the Bar Bracton lib. 2. tract 2. cap. 22. Things as against a Declaration Old Nat. Br. fol. 76. Challenge
revoked When a Parson is made Bishop there is a Cession of his Benefice by the Promotion but if the King gives him power to retain his Benefice he shall continue Parson and is said to hold it in Commendam Hob. Rep. fol. 144. Latches Rep. fol. 236 237. See Ecclesia commendata in Gloss x. Scriptor Comminalty Fr. Communauté Includes all the Kings Subjects So in Art super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre signifies all the People of England 2 Inst fol 539. Commissary Commissarius Is a Title of Ecclesiastical Jurisdiction appertaining to such a one as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City as the Chancellor cannot call the Subjects to the Bishops Principal Consistory without their too great molestation This Commissary is by the Canonists called Commissarius or Officialis foraneus Lyndwoods Provin cap. 1. And is ordained to this special end that he supply the Bishops Jurisdiction and Office in the out places of the Diocess or else in such Parishes as are peculiar to the Bishop and exempted from the Jurisdiction of the Arch-deacon For where either by Prescription or Composition Arch-deacons have Jurisdiction within their Arch-deaconries as in most places they have this Commissary is but superfluous and oft-times vexations to the people Therefore the Bishop taking Prestation Money of his Arch-Deacons yearly Pro exteriori Jurisdictione as it is ordinarily called does by super-onerating their circuit with a Commissary not onely wrong Arch-deacons but the poorer sort of Subjects much more Cowel and see 4 Inst fol. 338. Commission Commissio Is with us as much as delegatio with the Civilians and is taken for the Warrant or Letters Patent which all Men exercising Jurisdiction either ordinary or extraordinary have to authorise them to hear or determine any cause or action Of these see divers in the Table of the Reg. of Writs and see Broke tit Commission yet this word is sometimes extended farther then to Matters of Judgment as the Commission of Purveyors or Takers Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute for taking away Purveyance Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament 17 Car. 1. cap. 11. and that again explained by another Act 13 Car. 2. cap. 12. Commission of Association mentioned 18 Eliz. cap. 9. Is a Commission under the Great Seal to associate two or more learned persons with the several Justices in the several Circuits and Counties in Wales Commission of Anticipation Was a Commission under the Great Seal to collect a Subsidy before the day Anno 15 Hen 8. Cokes 12 Rep. fol. 120. Comission of Rebellion Commissio Rebellionis Is otherwise called a Writ of Rebellion and Issues when a Man after Proclamation issued out of the Chancery and made by the Sheriff to present himself under pain of his allegiance to the Court by a certain day appears not And this Commission is directed by way of command to certain persons three two or one of them to apprehend or cause to be apprehended the party as a Rebel or contemner of the Kings Laws wheresoever they finde him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned The Form of it you have in West Tract Touching proceedings in Chancery Sect. 24. Commissioner Commissionarius Is he that hath Commission as Letters Patent or other lawful Warrant to execute any Publick Office as Commissioners of the Office of Licences of Alienation West Part. 2. Symb. Tit. Fines Sect. 106. Commissioners in Eyr Anno 3 Edw. 7. cap 26. With many such like Committée Is he or they to whom the consideration or ordering of any matter is referred either by some Court or Consent of Parties to whom it belongs As in Parliament a Bill being read is either consented to and passed or denied or neither but referred to the consideration of some certain persons appointed by the House farther to examine it who thereupon are called a Committee Committee of the King West pa. 2. Symb. tit Chancery Sect. 144. This word seems to be strangely used in Kitchin fol. 160. where the Widdow of the Kings Tenant 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 Commoigne Fr. A Fellow-Monk that lives in the same Convent 3 Part. Instit fol. 15. Common Commune i. quod ad omnes pertinet Signifies that Soil or Water whereof the use is common to this or that Town or Lordship as Common of Pasture Commune Pasturae Bracton lib. 4. cap. 19. 40. Commun of Fishing Commune Piscariae Idem lib. 2. cap. 34. Common of Turbary Commune Turbariae i. Of digging Turves Idem lib. 4. cap. 41. Common of Estovers Commune Estoveriorum Kitchin fol. 94 c. Common is divided into Common in Gross Common Appendant Common Apportenant and Common per cause de Vicinage i. By reason of Neighborhood Common in Gross Is a liberty to have Common alone that is without any Land or Tement in another Mans Land to himself for life or to him and his heirs and it is commonly passed by Deed of Grant or Specialty Old Nat. Br. fol. 31. 37. Common Appendant and Common Appurtenant are in a manner confounded as appears by Fitz. Nat. Br. fol. 180. And are defined to be a Liberty of Common Appurtaining to or Depending on such or such a Freehold which Common must be taken with Beasts Commonable as Horses Oxen Kine and Sheep being accounted fittest for the Ploughman and not of Goats Geese and Hogs But some make this difference That Common Appurtenant may be severed from the Land whereto it pertains but not Common Appendant which according to Sir Edw. Coke lib. 4. fol. 37. had this beginning When a Lord enfeoffed another in Arabic Lands to hold of him in Soccage the Feoffce to maintain the service of his Plough had at first by the Curtesie or Permission of the Lord Common in the Wastes of his Lord for his necessary Beasts to ear and compost his Land and that for two Causes one for that as then it was taken it was tacitly implied in the Feoffment by reason the Feoffee could not Till nor Compost his Land without Cattle and Cattle could not be sustained without Pasture and so by consequence the Feoffee had as a thing necessary and incident Common in the Wastes and Land of the Lord. And this appears by the ancient Books Temp. Ed. 1. tit Common 24. and 17 Edw. 2. tit Common 23. and 20 Edw. 3. tit Admeasurement 8. and by the rehearsal of the Statute of Merton cap. 4. The second reason was for maintenance and advancement of Tillage which is much regarded and favored by the Law Common per cause de Vicinage i. Common by reason of Neighborhood Is
with an Adulterer whereby without voluntary submission or reconcilement to her Husband she shall lose her Dower by the Stat. of Westm 2. ca. 34. according to this old Dystich Sponte virum mulier fugiens Adultera facta Dote sua careat nisi sponso sponte retracta A Woman thus leaving her Husband is said to Elope and her Husband in this case shall not be compell'd to allow her any Alimony See Alimony I am perswaded the word is taken from the Saxon geleowan i. To depart from one place to dwell in another the Saxon w being easily mistaken for a p. Emblements from the French Emblâ—vence de bled i. Corn sprung or put up above ground Signifies strictly the Profits of Land which has been Sowed but the word is sometimes used more largely for any Profits that arise and grow naturally from the Ground as Grass Fruit Hemp Flax c. If Tenant for Life sow the Land and die his Executor shall have the Emblements and not he in reversion But if Tenant for years sow the Land and before severance the term expires there the Lessor or he in reversion shall have the Emblements and not the Lessee Vide Coke lib. 11. fol. 51. Embraceor Anno 19 Hen. 7. ca. 13. Is he that when a Matter is in Trial between Party and Party comes to the Bar with one of the Parties having receiv'd some Reward so to do and speaks in the Case or privately labors the Jury or stands there to survey or over-look them whereby to awe or put them in fear The Penalty whereof is 20 l. and Imprisonment at the Justices discretion by the said Statute Embracery Is the Act or Offence of Embraceors To instrnct the Jury or promise reward for or before appearance is Embracery Noys Rep. fol. 102. Embre or Embring-dayes Anno 2 3 Edw. 6. ca. 19. Are those which the ancient Fathers called Quatuor tempora and are of great Antiquity in the Church being observâ—d on Wednesday Friday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood day in September and St. Lucy's day in December and are so called from the Saxon ymb-ren i. cursus vel circulus because constantly observ'd at set seasons in the course or Circuit of the Year They are mention'd by Britton ca. 53. and others In 3 Part. Inst fol. 200. it is said These Embring dayes are the week next before Quadragesima which is a great mistake Emendals Emenda Is an old word still used in the Accounts of the Inner-Temple where so much in Emendals at the fcot of an Account signifies so much in the Bank or Stock of the House for Reparation of Losses or other emergent occasions Quod in restaurationem damni tribuitur says Spelman Empanel Ponere in Assisis Juratis Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule or Roll of Paper by the Sheriff whom he has Summon'd to appear for the performance of such Publick Service as Juries are employ'd in See Panel Emparlance From the French Parler to speak Signifies a Desire or Petition in Court of a Day to pause what is best to do the Civilians call it Petitionem induciarum Kitchin fol. 200. says If he imparl or pray continuance c. where praying continuance is spoken interpretatively and fol. 201. mentions imparlance general and special The first seems to be that which is made onely in one word and in general terms Emparlance special where the Party requires a Day to deliberate adding also these words Saluis omnibus advantagiis tam ad jurisdictionem Curiae quam ad breve narrationem or such like Britton useth it for the conference of a Jury upon the Cause committed to them ca. 53. See Imparlance Encheson French Signifies occasion cause or reason wherefore any thing is done 50 Ed. 3. ca. 3. See Skene in hoc verbum Encroachment or Accroachment Fr. Accrochement i. A grasping or hooking Signifies an unlawful encroaching or gathering in upon another man As if two mens Grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings Rent-service and the Lord exacts three So Hugh and Hugh Spencer encroached unto them Royal Power and Authority Anno 1 Edw. 3. in Proaem Enditement Indictamentum from the French Enditer i. Deferre nomen alicujus Is a Bill or Declaration drawn in form of Law for the benefit of the Common-wealth and exhibited by way of Accusation against one for some offence either Criminal or Penal and preferred unto Jurors and by their Verdict found and Presented to be true before a Judge or Officer that has power to punish or certifie the Offence An Inditement is alwayes at the Sute of the King and differs from an Accusation in this That the Preferrer of the Bill is no way tied to the Proof of it upon any Penalty except there appear conspiracy See Stamf. pl. Cor. lib. 2. ca. 23. usque 34. Enditements of Treason and of all other things ought to be most curiously and certainly penned Coke 7. Rep. Calvins Case The day year and place must be put in See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst fol. 134. Endowment Dotatio Signifies the bestowing or assuring of a Dower See Dower But it is sometimes used Metaphorically for the setting forth or severing a sufficient portion for a Vicar towards his perpetual maintenance when the Benefice is appropriated See Appropriation and the Stat. 15 Rich. 2. ca. 6. Endowment de la plus belle part Is where a man dying seized of some Lands holden in Knights-service and other some in Soccage the Widow is sped of her Dower in the Lands holden in Soccage as being the fairer or better part Of which see Lattleton at large lib. 1. cap. 5. Enfranchise French Enfranchir To make Free to Incorporate a man into any Society or Body Politic to make one a Free Denizen Enfranchisement French Signifies the Incorporating a Man into any Society or Body Politick For example he that by Charter is made Denizen of England is said to be Enfranchised and so is he that is made a Citizen of London or other City or Burgess of any Town Corporate becaufe he is made partaker of those Liberties that appertain to the Corporation whereinto he is Enfranchised So a Villain was Enfranchised when he was made Free by his Lord. Englecerie Englecherie or Engleschyre Engleceria Is an old abstract word signifying the being an Englishman For example if a Man were privily slain or murdered he was in old time accounted Francigena which comprehended every alien especially Danes until Englecerie was proved that is until it were made manifest that he was an Englishman Bracton lib. 3. tract 2. cap. 15. num 3. This Englecery for the abuses and troubles that afterward were perceived to grow by it was absolutely taken away by Stat. 14 Edw. 3. cap. 4. Enheritance See Inheritance Enitia pars See Esnecy Enquest Fr. Lat. Inquisitio Is especially taken
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author
Par. 1. Pa. 178. Reprisels Reprisalia From the Fr. Reprise i. Recaptio vel captio rei unius in alterius satisfactionem Is all one in the Common and Civil Law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data Creditori pro injuriis damnis acceptis Vocab utriusque Juris This among the Ancient Romans was called Clarigatio In the Statute 27 Edw. 3. Stat. 2. ca. 17. it is called Law of Marque because one destitute of Justice in another Territory redresseth himself by the goods belonging to Men of that Territory Reprises Fr. Resumptions or takings back We use it for deductions and duties which are yearly paid out of a Mannor or lands as Rent-charges Pensions Fees or Stewards or Bailiffs c. Therefore we say the Mannor of Dale yields 40 l. per annum ultra Reprizas besides all Reprises Requests Curia Requisitionum See in Court The place where this Court was held was anciently called Camera alba Rot. Parl. Anno 17 Edw. 3. Resceit Receptio Is an admission or receiving a third person to plead his right in a cause formerly commenced between other two New Book of Entries verbo Resceit As if Tenant for life or years brings an Action he in the Reversion comes in and prayes to be received to defend the Land and to plead with the Demandant See Brook Tit. Resceit fo 205. and Perkins Dower 448. Resceit is also apply'd to an admittance of Plea though the controversie be onely between â—two Brook tit Estoppel Coke on Litt. fo 192. b. Resceit of homage Receptio Homagii Is the Lords receiving Homage of his Tenant at his admission to the Land Kitchin fo 148. See Homage Rescous Rescussus From the Fr. Rescousse i. Liberatio redemptio Is an illegal taking away and setting at liberty a Distress taken or a person arrested by Process or course of Law which is a Rescouse in Deed And where a man has taken a Distress and the Cattel distreined as he is driving them to the Pound happen to go into the House of the owner if he that took the distress demand them of the owner and he deliver them not this is a Rescous in Law Coke on Litt. lib. 2. ca. 12. Sect. 237. It is also used for a Writ which lies for this fact called Breve de rescussu whereof you may see both the form and use in Fitz. Nat. Br. fo 101. Reg. of Writs fo 125. and New Book of Entries verbo Rescous This in some cases is Treason upon matters of Treason and in some Felony in cases of Felony Cromp. Justice fo 54. b. Rescussor Is he that commits such a Rescous Crokes Rep. 2 Part fo 419. Reseiser Reseisire Is a taking again of Lands into the Kings hands whereof a general Livery or Ouster le main was formerly missued contrary to order of Law Stamf. Praerog 26. See Resumption Reservation Reservatio A providing for store as when a man departs with his Land but reserves or provides for himself a rent out of it for his own livelihood Sometimes it serves to reserve a new thing and sometimes to except part of the thing in esse that is granted See Perkins Reservations per totum Resiance Resiantia From the Fr. Reseant vel resseant i. Resident Signifies a Mans aboad or continuance in a place Old Nut. Br. fo 85. Whence also comes the participle resiant that is continually dwelling or abiding in a place Kitchin fo 33. It is all one in truth with residence but that custom ties this onely to persons Ecclesiastical Veteri autem jure nostro etiam Scotico aliud significat utpote morbum validum seu veteranum quo quis exire de suis aedibus prohibetur Essonium igitur quod de malo lecti nuncupatur hoc est excusatio quod ratione infirmitatis sistere se in foro non valeat essonium nuncupant de reseantisa Glanvile lib. 1. ca. 11. Quandoque intervenit Essonium ex infirmitate de reseantisa Ubi in margine notatur Essonium de reseantisa idem valet quod essonium de malo lecti Et Galli apertius dixerunt Exoine de mal resseant Spelm. Residence R 〈…〉 tia Is peculiarly used both in the Canon and Common-Law for the continuance or aboad of a Parson or Vicar upon his Benefice The defalt whereof except the party be qualify'd and dispensed with is the loss of ten pounds for every moneth Anno 28 Hen. 8. ca. 13. Resignation Resignatio Is used particularly for the yielding up a Benefice into the hands of the Ordinary otherwise called renunciatio by the Canonists And though it signifie all one in nature with the word Surrender yet it is by use restrained to the yielding up a Spiritual Living as aforesaid and Surrender to the giving up 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 has Supremam Authoritatem Ecclesiasticam as the Pope had here in times past Plowden Casu Grâ—ndon fo 498. Resort or Ressort Fr. Is a word used properly in a Writ of Tayle or Cousenage as Descent is in a Writ of right In French it signifies the Authority or Jurisdiction of a Court. Salvo tamen tam ressorto quam aliis jure nostro jure etiam alieno Lit. Pat. Philip le Hardy R. Franc. Respectu computi vicecomitis habendo Is a Writ for the respiting a Sheriffs account upon just occasion directed to the Treasurer and Barons of the Exchequer Reg. fo 139 and 179. Respite Respectus Is used for a delay forbearance or continuation of time Praecipio tibi quod poni facias in respectum usque ad aliquem terminum competentem Glanvile lib. 12. ca. 9. in Brevi Regis Respite of Homage Respectus Homagii Is the forbearance of Homage which ought first of all to be performed by the Tenant holding by Homage but it had the most frequent use in such as held by Knight-service in Capite who did pay into the Exchequer every fifth Term some small Summ of Money to be respited the doing their Homage see the Stat. 12 Car. 2. ca. 24. whereby this Respite of Homage is taken away as a charge incident or arising from Knight-service c. Respondeat superior Where the Sheriffs are removable as in London for insufficiency respondeâ—t superior that is the Mayor and Commonalty of London Pur insufficiency del Bailiff d'un Libertie respondeat Dominus libertatis 44 Ed. 3. 13. See 4 Inst fo 114. Responsalis qui Responsum defert Is he that appears for another in Court at a day assigned GIanvile lib. 12. ca. 1. But Fleâ—a lib. 6. ca. 11. makes a difference between Atturnatum Essoniatorem Responsalem as if Essoniator came onely to alledge the cause of the parties absence be he the demandant or tenant and Responsalis came for the Tenant not onely to excuse his absence but to signifie what trial he meant to
ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo 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 an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel 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 Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor 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 one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le