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
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
assisa de Clarendon whereby those that be accused of any hainous crime and not able to purge themselves by fire and water but must abjure the Realm had liberry of fourty daies to stay and try what succour they could get of their Friends towards their sustenance in exile Stawnf pl. cor fo 118. out of Bracton li. 3. tract 2. cap. 16. num 2. Of this also Roger Hoveden maketh mention and more particularly than any I have heard parte poster suorum annalium fo 313. b. in Henrico secundo Assise of the Forest assisa de Foresta which is a statute or condition touching orders to be observed in the Kings Forest Manwood parte 1. of his Forest laws p. 35. Crompton in the Court of Justices of the Forest per totum fo 146. seq And the assise of the King anno 18. Edw. 1. Stat. 1. called the Statute for view of Frank-pledge And these be called assises because they set down and appoint a certain measure tate or order in the things which they concern Of Assise in this singnification doth Glanvile also speak lib. 9. c. 10. in fine Geraliter verum est quod de quolibet placito quod in comitatu deducitur terminatur misericordia quae inde provenit vicecomiti aebetur quae quanta sit per nullam assisam generalem determinadum est And thus much touching Littletons division But if we mark well the Writers of the Law we shall find this word assise more diversly used than this Author hath noted For it is sometime used for the measure or quantity it self and that per Metonymiam effecti because it is the very scantline described or commanded by the Ordinance as for example we say when Wheat c. is of this price then the bread c. shall be of this assise This word is further taken for the whole process in court upon the Writ of assise or for some part thereof as the issue or verdict of the Jury For example assises of new disseisin c. shall not be taken but in their shires and after this manner c. Mag. Char. c. 12. And so it seemeth to signifie Westm 2. cap. 25. an 13 Ed. 1. in these words let the Disseisour allege no false exceptions whereby the taking of the Assises may be deferred c. And anno 34 Ed. 1. Stat. 2. if it be found by assise the assise is arrained to aver by the assise the assise by their default shall pass against them and also anno 1 H. 6. c. 2. assises awarded by default of the Tenents c. Lastly by Merton cap. 4. an 20 Henry 3. certified by the assise quit by the assise c. And in this signification Glanvile calleth it magnam assisam domins regis quae ex duodecim ad minus legalium hominum sacramentis consistit li. 2. c. 7. Bracton useth it in like sort as assisa cadit in transgressionem lib. 4. c. 30. assisa cadit in perambnlationem eodem c. 31. num 2. Fleta defineth an assise in this signification thus Assisa in jure possessorio est quaedam recognitio duodecim hominum juratorum per quam Justicjarii certiorantur de articulis in brevi contentis And assise also thus signifying is said sometime to pass per modum assisae and sometime in modum juratae in manner of an assise when only the Dissesin in question is put to the tryal of the Twelve in manner of a Iury when as any exception is objected to disable the interest of the Disseisee and is put to be tryed by the Twelve before the assise can pass as for example Quaestio status causa successionis causa donationis pactum sive conditio vel conventio voluntas disimulatio transactio vel quistaclamatio vel remissio confirmatio sive consensus propria usurpatio rei propriae difficultas Judicii justum judicium finis chirographum intrusio in rem alienam vel disseisina si incontinenti rejiciatur negligentia quae per transitum temporis excludit actionem Fleta lib. 4. c. 10. § 1. whom read also to this point c. 11. § Si autem à domino and at large c. 16. ejusdem libri l. b. 5. c. 6. § Item vertitur assisa seq And note that assise in this signification is taken four waies Old nat br fol. 105. The first is assise at large which is taken as well upon other points as upon the disseisin For example where an Infant bringeth an assise and the deed of his Ancestor is pleaded whereby he claimeth his right or foundeth his title then the assise shall be taken at large that is the Jury shall enquire not only whether the Plaintiff were disseised or not by the Tenent but also of these two points viz. whether his ancestor were of full age of good memory and out of Prison when he made the Deed pleaded Another example out of Kitchin fol. 66. The Tenent pleadeth a forein release in bar to an assise whereupon the cause was adjourned At the day the Tenent maketh default Therefore the assise was taken at large that is not only whether the Plaintiff were disseised but also whether there be any forein release A third example you may read in Littleton c. Estates upon Condition The second manner of assise in point of assise assisa in modum assisae which is when the Tenent as it were setting foot to foot with the Demandant without farther circumstance pleadeth directly contrary to the Writ no wrong no disseisin The third manner is assise out of the point of assise assisa extra assisam velin modum jurata viz. when the Tenent allegeth some by exception that must be tryed by a Jury before the principal cause can proceed as if he plead a forein release or forein matter tryable in another County For in this case the Justices refer the Record to the Court of Common pleas for the Tryal of the Forein pleas before the disseisin can come to be decussed Of this sort read divers others examples in Bracton l. 4. parte 1. c. 34. For there be of them as he saith and Britten also c. 52. both dilatory and peremptory The fourth and last manner is Assise of right of dammages and that is when the Tenent confessing a putting out and referring it to a demurrer in Law whether it were rightly done or not is adjudged to have done wrong For then shall the Demandant have a Writ to recover dammages which is called assise to recover dammages as also the whole processe Assise is further taken for the Court place or time when and where the Writs and processes of the assise be handled or taken And in this signification assise is general as when the Justices pass their several Circuits every couple with their Commission to take all assises twice in the year For he that speaketh of any thing done at that time and in that place will commonly say that it was done at the general assise It may likewise
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
the Ordinarie or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the stature anno 8 R. 2. cap. 4. Of this Petr. Gregor de beneficits cap. 11. num 10. hath these words Sitamen Capellaniae fundatâ—e per Laicos non fuerint à Diocesano approbatae et ut loquuntur spiritualiz atae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Joh. Fab. ad § Nullius De rerum diuis Iden fundatores et baeredes corum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profana beneficin Guido Papaeus descis 187. See also Gregorius lib. 15. cap. 29. sui syntagmatis num 11. I sinde in the Preface of M. Gwins readings that as the King might of ancient times found a free Chapel and exempt it from the jurisdiction of the Diocesan so he might also by his Letters Patents license a common person to found such a Chapel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be depriveable by the Founder and his Heirs and not by the Bishop And this is likest to be the original of these Donatives in England Fitzh saith that there be certain Chauntries which a man may give by his Letters Patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were Donative by the King Coke lib. 3. fol. 75. b. Dooms day Rotulus Wintoniae domus D i Coke in praefatione ad librum saum is a Book that was made in King Ed. the Confeâ—ors dates as the Author of the Old nat br faith f. 15. containing in it not onely all the Lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon words verbo jus Dacorum c. proveth out of Gervasius Tilburiensis that this Book was made in William the Conquerours time with whom agreeth M. Cambden in his Bretan pag. 94. proâ—ing it out of Ingulphus that flourished the same time And for the better commendation of the Book it is not amiste to set down the words of Ingulphus touching the contents thereof Totam terram descripsit Nec er at hyda in tota Anglia quin valorem ejus possessorem scivit nec lacus nec locus aliquis qâ—sin in Regis rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor regiae rotitiae manifestatus juxta taxatorum fidem qui electâ— de qualibet patria territorium oroprium deseribebant Ifte rotulus vocatns est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione which seemeth to be taken out of the Book called Liber Rubeus in the Exchequer It is termed Liber Judicatorius and the reason why quia in co totius Regni descriptio diligens continetuâ— tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr mitur Dorture dormitorium anno 25 H. 8. cap. 11. is the common room place or chamber where all the Friers of one Covent slept and lay all night Dote assignanda is a Writ that lieth for a Widow where it is found by office that the Kings Tenent was feised of Tenements in Fee or Fee-tail at the day of his death c. and that he holdeth of the King in chief c. For in this case the Widow cometh into the Chancery and there maketh oath that she will not marry without the Kings leave anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour for which see the Register Original fol. 297. and Fitzherb nat br fol. 263. And this sort of Widowes is called the Kings Widow See Widow Dote unde nihil habet is a Writ of Dower that lieth for the Widow against the Tenent which hath bought Land of her Husband in his life time whereof he was feised solely in Fee simple or Fee tail in such sort as the issne of them both might have inherited it Fitzh nat br fol. 147. Regist. fol. 170. Dotts admensuratione See Admensurement See the Reg. orig fol. 171. Dotkins a kind of Coin pl. cor fol. 37. Iâ—seemeth to come of the Dutch word ' Duytkin that is the eighth part of a Stufer or French Shilling which in Latine is called Solidus Gallicus Doubles anno 14 H. 6. cap. 6. fignifie as much as Letters Patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the Defendant allegeth for himself two several matters in barre of the action where of either is sufficient to effect his desire in debarring the Plaintiff And this is nor to be admitted in the Common law wherefore it is well to be observed when a Pâ—ee is double and when it is not For if a man allege several matters the one nothing depending of the other the Piea is accounted double If they be mutually depending one of the other then is it accounted but single Kitchin fol. 223. See Brook hoc titule But why this doublenesse for so Kitchin calleth it fol. 234. should be debarred I see no reason under correction all things being spoken For a man may have two good defences and happily in the issue he shall contrarily to his hope fail in proving the one and yet be able to carry the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur libr. 5 aract 5. cap. 5. num 4. whom also read libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alleging this to be the course of our proceeding because the trial is by twelve rude men whose heads are not to be troubled with over many things at once lib. 2. de Repub. Anglor cap. 13. Double quarrel duplex querela is a complaint made by any Clerk or other unto the Archbishop of the Province against an inferiour Ordinary for delaying of Justice in some cause Ecclesiastical as to give sentence or to Institute a Clerk presented or such like The effect whereof is that the said Arch-bishop taking knowledge of such delay directeth his Letters under his authentical Seal to all singular Clerks of his Province thereby commanding and authorizing them and every of them to admonish the said Ordinatie within a certain number of dayes namely 9 dayes to do the Justice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to allege the cause of his delay And lastly to intimate to the said Ordinary that if he neither perform the
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
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