Et cest ma Lettre serra son Garrant En tesmoignage de quel chose a y ceste jay mise mon Seal Don a Lemestre le xi jour de Julet le ann de Regne le Roy Henric. le quart apres le Conquest quarte See 2 Part. Instit fol. 474. Quod nullus libere tenens infra Baroniam illam se appruira posset de vasto suo c. Aquage aquagium q. aquae agium i. aquae ductus aquaegangium Non liceat alicui de caetero facere dammas vel fordas aut alia impedimenta in aliquibus landeis watergangiis fossatis sive aquagiis eommunibus in marisco praedicto Ordinatio Marisci de Romeney facta tempore Hen. 3. Edw. 1. pag. 72. See Watergage Arbitrator Lat. Is an exttaordinary Judge or Commissioner in one or more Causes between party and party chosen by their mutual consents This Arbitrement is either general that is including all Actions Quarrels and Demands or Special which is or one or more Matters Facts or Things specified The Civilians make a difference between Arbiter and Arbitrator For though they both ground their power upon the comprimise of the parties yet their liberty is divers For Arbiter is tied to proceed and judge according to Law with Equity intermingled Arbitrator is permitted wholly to his own discretion without solemnity of Process or Course of Judgment to hear or determine the Controversie committed to him so it be Juxta Arbitrium boni viri See Alto Basso Arbitrement See Arbitrator Arches Court Curia de Arcubus Is the chief and ancientest Consistory that belongs to the Archbishop of Canterbury for debating Spiritual Causes and is so called from Bow-Church in London dedicated to the Blessed Virgin where it was kept And the Church is so called of the fashion of the Steeple or Clochier thereof whose top is raised of Stone-pillars built Arch-wise like so many Bent-Bows The Judge of this Court is termed The Dean of the Arches or The Official of the Arches Court Dean of the Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of Thirteen Parishes in London termed a Deanry being exempted from the Authority of the Bishop of London and belonging to the Archbishop of Canterbury of which the Parish of Bow is one and the chief because the Court was there kept The Jurisdiction of this Judge is ordinary and extends it self through the whole Province of Canterbury So that upon any Appeal made he forthwith and without any further examination of the Cause sends out his Citation to the Appealee and his Inhibition to the Judge from whom the Appeal was made Of this read more in Historia de Antiq. Eccles Britan. And 4 Part. Instit fol. 337. Archive archivum from arca a Press or Chest The Rolls or a place wherein Ancient Records Charters and Evidences that belong to the Crown and Kingdom are kept also the Chancery or Exchequer Office Armes arma In the understanding of Law are extended to any thing that a Man wears for his defence or takes into his hands or useth in his wrath to cast at or strike another Crompt Just of Peace fol. 65. a. So Armorum appellatio non utique scuta gladios galeas significat sed fustes lapides Armes are also what we call in Latin Insignia Ensigns of Honor. Argentum Dei Gods-penny i. Earnest Money or Money given in earnest In Lincolnshire called Erles Arpen or Arpent Fr. An Acre or Furlong of Ground the most ordinary one called L'Arpent de France is One hundred Perches square after Eighteen Foot to the Perch This word is often found in Doomsday Quatuor Arpenni vineae noviter plantatae Tit. Middlesex Array an old Fr. word signifies the ranking or setting forth a Jury or Enquest of Men empannelled upon a Cause 18 Hen. 6. cap. 14. Hence the Verb to Array a Pannel An. 3. H. 5. cap. 5. and Old Nat. Br. fol. 157. That is to set forth the Men empannelled one by another The Array shall be quashed ibidem By the Statute every Array in Assize ought to be made four days before Br. tit Pannel num 10. To challenge the Array Kitchin fol. 92. See Challenge To lead and conduct persons armed and arrayed 14 Car. 2. cap. 3. Arrayers arraiatores Is used in the Statute 12 Ri 〈…〉 cap. 6. for such Officers as had care of the Soldiers Armor and see them duly accoutred in their kindes Such were the Commissioners of Array appointed by King Charles the First in the year 1642. Edw. Dei gratia Rex Angliae Dominus Hib. Dux Aquit dilectis fidelibus suis Johanni de Occlesthorp Johanni de Fenton electoribus Arraiatoribus hominum in Wapentachio de Barkeston salutem Cum ad repellendam Scotorum maliciam qui regnum nostrum hostiliter sunt ingressi homicidiam depredationes incendia alia mala citia perpetrando versus partes Marchiae Scotiae c. Inde Scoti cum toto posse suo ut pro certo didiscimus propè ciâ—itatem nostram Karleoli ista die Martis se congregare proponunt c. Nos considerantes periculum c. Omnes homines defensibiles potentes ad pugnandum ejusdem Wapentagii tam milites quam alii c. I. me ipso apud North-Alverton xiii die Junii Anno regni nostri primo Arraine or Arraigne from the French Arranger i. to set a thing in order or in his place hath the same signification in Law For he is said to Arraine a Writ of Novel Disseisin who prepares and fits it for Tryal before the Justices of the Circuit Old Nat. Br. fol. 109. Littleton pag. 78. useth the word in the same sence viz. The Lease arraineth an Assize of Novel Disseizin To arraign the Assize is to cause the Tenant to be called to make the Plaint and to set the Cause in such order as the Tenant may be enforced to answer thereto Coke on Littl. fol. 262. b. Also a Prisoner is said to be arraigned when he is endicted and brought forth to his Tryal Arraigned within the Verge upon Murder Stamf. Pl. Cor fol. 150. The manner of this Arraignment you may read in Sir Thomas Smith de Rep. Angl. lib. 2. cap. 23. The Learned Spelman is of opinion it should be written Arrame from arramare and that from the old French arramir i. juraâ—e promittere solenniter profiteri Arrearages from the Fr. arriere retrò The remain of an Accompt or a Sum of Money remaining in the hands of an Accomptant It is sometimes used more generally for any Money unpaid at a due time as Arrearages of Rent Arrentation from the Span. arrendare q. ad certum reditum dimittere Ordin Forestae 34 Edw. 1. cap. 6. Signifies the licencing an owner of Lands in the Forest to enclose them Bassa haya parvo fossato i. with a low Hedge and small Ditch which is according to the Assize of the Forest under a Yearly Rent Saving of
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
Cosoning and New Book of Entries verbo Disceit Decenna and Decenniers See Deciners Decennary Decennaria The Limits or Compass of ten Friburghs See Deciners Deceptione Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another Fitz. Nat. Br. fol. 95. And is either Original or Judicial as appears by Old Nat. Br. fol. 50. where you may read the use of both to this effect This Writ of Deceit when it is Original lies where deceit is used to a Man by another by not sufficiently performing a Bargain or Promise or by using some Guile whereby he may be disinherited or evil intreated c. And when Judicial it lies out of the Rolls of Record as in the Case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff returns the Writ served whereas the Party was not warned whereby he that sues the scire facias recovers then the Party who ought to have been warned shall have the said Writ against the Sheriff See Reg. of Writs fol. 112. and Reg. Judicial in the Table verbo Deceptione Decies tantum Is a Writ that lies against a Juror who hath taken Money for giving his Verdict called so of the effect because it is to recover ten times so much as he took It lies also against Embracers that procure such an Enquest Anno 38 Ed. 3. ca. 13. Reg. of Writs fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries verbo Decies tantum Decimation Decimatio the punishing every tenth Souldier by Lot was termed Decimatio Legionis Also a tithing or paying the tenth part What Decimation was in the late Usurpers time 1655 is still in the Memory of many good Subjects of this Realm See Tenths Decimis solbendis pro possessionibus alienigenarum Is a Writ or Letters Patent yet extant in the Register which lay against those that had farmed the Priors aliens Lands of the King for the Rector of the Parish to recover his Tyth of them Reg. of Writs fol. 179. Deciners alias Decenniers alias Doziners Decenarii Decearchi Signifie in the Ancient Monuments of our Law such as were wont to have the oversight and check of the Friburghs for Maintenance of the Kings Peace And the limits or compass of their Jurisdiction was call'd Decenna Bracton lib. 3. Tract 2. ca. 15. of whom you may also read Fleta lib. 1. ca. 27. And Reg. of Writs fol. 98. b. These seemed to have large Authority in the Saxons time taking knowledge of Causes within their Circuit and redressing Wrongs by way of Judgment and compelling Men thereunto as you may read in the Lawes of K. Edward the Confessor published by Lambert Numb 32. In later times I find mention of them as in Britton ca. 12. who sayes in the Kings Person for so he Writes his whole Book We will that all those who are 14 years old shall make Oath That they shall be sufficient and loyal to Us and neither be Felons nor assenting to Felons And We will That all Profess themselves to be of this or that Dozein and make or offer Surety of their Behaviour by these or those Doziners except Religious Persons Clerks Knights eldest Sons and Women Yet the same Author in his 29th Chap. sayes all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn except Earles Prelates Barons Religious persons and Women Stamf. Pl. Cor. fol. 37. has these words The like Law is where the Dozeniers make Presentment that a Felon is taken for Felony and delivered to the Sheriff c. And Kitchin fol. 33. thus Religious persons Clerks Knights or Women shall not be Deceniers A Dozein seems now to extend so far as every Leet extends because in Leets onely this Oath is Ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the Precinct of the Leet where they are sworn Fitz. Nat. Br. fol. 261. a. The particulars of this Oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. who sets down fifteen years for the age of those that are to be sworn to the Kings Peace but afterwards names twelve years See Inlaugh We may note out of the Premisses a diversity between the ancient and these modern times in this Point of Law and Government as well in the age of those who are to be sworn as also that Decennier is not now used for the chief Man of a Dozein but for him that is sworn to the Kings Peace and lastly That now there are no other Dozeins but Leets and that no Man ordinarily gives other security for keeping the Kings Peace but his own Oath and that therefore no Man answers for anothers transgression but every Man for himself See Frank-pledge and 2 Part. Inst fol 73. Declaration Declaratio Is properly the shewing forth or laying down in writing the Cause of Action in any sute at Law wherein the party supposes to have wrong This in an Action Real is properly called a Count which ought to contain Demonstration Declaration and Conclusion In Demonstration are contained three things viz. Who complains against whom and for what matter In the Declaration there ought to be comprised how and in what manner the Action rose between the parties when what day year and place and to whom the Action shall be given And in the Conclusion he ought to aver and proffer to prove his sute and shew the damage he hath sustained by the wrong done him Terms de la Ley. Decretals Decretales Are a Volume of the Canon Law so called or Books containing the Decrees of sundry Popes or a Digestion of the Canons of all the Councils that pertained to one Matter under one Head Dedi as if it be said in a Feoffment I. S. hath Given granted c. It is a Warranty in Law to the Feoffee and his Heirs Coke on Littl. fol. 384. a. Dedimus Potestatem i. We have given power Is a Writ whereby Commission is given to one or more private persons for the speeding of some Act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party who is to do something before a Judge or in a Court is so weak he cannot travel It is used in divers Cases as to take a Personal Answer to a Bill of Complaint in Chancery to examine witnesses in a Cause depending in that Court to levy a Fine c. West part 2. Symbol tit Fines sect 112. and divers other as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs verbo Dedimus Potestatem Déed Factum Is an Instrument written in Parchment or Paper consisting of three things viz. Writing Sealing and Delivery and comprehending a Contract or Bargain between party and party Of which there are two sorts Deeds Indented and Deeds
in Jamaica Granadillo The tree is low and small seldom bigger then a mans leg Jampnum Furze or Gorse and Gorstyground 1 Part Croke fo 179. A word much used in Fines and seemes to be taken from the Fr. Jaulne i. Yellow because the blossomes of Furze or Gorse are so Yet Sir Edw. Coke on Litt. pa. 5. sayes Jampna signifies a waterish place quaere Jarr Span. Jarro i. An Earthen Pot with us it is taken for an Earthen pot or Vessel of Oyl containing twenty Gallons Jarrock Anno 1 Rich. 3. ca. 8. Is a kind of Cork so called with which this Statute prohibits Dyers to Dye Cloth Identitate nominis Is a Writ that lies for him who is taken upon a Capias or Exigent and committed to prison for another man of the same name whereof see the form and further use in Fitz. Nat. Br. fo 267. and Reg. of Writs fol. 194. Idemptitate nominis maintainable by Executors c. Anno 9 Hen. 6. ca. 4. Ides Idus Eight dayes in every Moneth so called In March May July and October these eight dayes begin at the eighth day of the Moneth and continue to the fifteenth in other Moneths they begin at the sixth day and continue to the thirteenth Note that the last day onely is called Ides and the first of these dayes the eighth Ides the second the seventh Ides that is the eighth or seventh day before the Ides and so of the rest Therefore when we speak of the Ides of such a Moneth in general it is to be understood of the 15th or 13th day of that Moneth See Calends Ideot Is a Greek word properly signifying a private man who has no publick Office Among the Latins it is taken for illiteratus imperitus and in our Law for non compos mentis vulgarly a natural fool The words of the Statute 17 Ed. 2. ca. 9. are Rex habebit custodiam terrarum fatuorum naturalium Whereby it appears he must be a natural fool that is a Fool a Nativitate For if he were once wise and became a Fool by chance or misfortune the King shall not have the custody of him Stam. Praerog ca. 9. Fitz. Nat. Br. fol. 232. If one have so much understanding as to measure a yard of Cloth number 20 pence or rightly name the dayes in the week or beget a Child he shall not be accounted an Ideot or Natural Fool by the Laws of the Realm See Cokes 4 Rep. Beverlys Case Idiota inquirenda vel examinanda Is a Writ directed to the Escheator or Sheriff of any County where the King hath notice of an Idiot naturally born so weak of understanding that he cannot manage his inheritance to call before him the party suspected of Idiocy and examine him and to enquire by the oaths of Twelve Men whether he be sufficiently witted to dispose of his own Lands with discretion or not and to certifie accordingly into Chancery For the King hath by his Prerogative the Protection of his Subjects and the Government of their Lands and Substance who are naturally defective in their discretion Stat. 17 Edw. 2. cap. 9. Reg. of Writs fol. 267. Jeman Sometimes used for Yeoman Sciant quod ego Johannes Smith de Bromyard in Com. Heref. Jeman dedi Ricardo Wiggemore Arm. omnia terr Tenementa c. Dat. 10 Jan. Anno 9 Hen. 6. Jeofaile Is a corruption from the Fr. I'ay faille i. Ego lapsus sum and signifies an oversight in Pleading or other Law proceedings And by the Stat. 32 Hen. 8. cap. 30. it is enacted That if the Jury have once passed upon the Issue though afterwards there be found a Jeofail in the Pleading yet judgment shall be given according to the Verdict See Broke tit Repleader A Jeofail is when the parties to a Sute have proceeded to Issue and this Pleading or Issue is so badly pleaded or joyned or the proceedings so defective that it will be Error if they proceed Then some of the said parties might by their Council shew it to the Court which occasioned many delays in Sutes for redress whereof the foresaid Statute with others in Queen Elizabeth and King James Raigns were made and yet the fault not much amended Jetsen Jetzon and Jotson from the Fr. jetter i. ejicere Is any thing cast out of a Ship being in danger of Wreck and driven to the shore by the Waves See Flotson Jews Judaei See Judaism Anciently we had a Court of the Justices assigned for the Government of the Jews See 4 Instit fol. 254. Rex Vic. Wigorn. salutem Praecipimus tibi quod clamari observari facias per totam Balivam tuam quod omnes Judaei deferant in supeperiori indumento suo ubicunque ambulaverint vel equitaverint infra villam vel extra quasi duas tabulas albas in pectore factas de lineo panno vel de pergameno ita quod per hujusmodi signum manifestè possint Judaei a Christianis discerni T. Comite apud Oxon. 30 Martii Claus 2 Hen. 3. p. 1. m. 10. in Dorso Ignitegium See Curfeu Ignoramus i We are ignorant Is properly written on the Bill of Indictments by the Grand Enquest empanelled in the Inquisition of Causes Criminal and Publick when they mislike their Evidence as defective or too weak to make good the Presentment The effect of which word so written is that all farther enquiry upon that party for that fault is thereby stopped and he delivered without farther Answer It hath a resemblance with that custom of the ancient Romans where the Judges when they absolved a person accused wrote A. upon a little Table provided for that purpose i. Absolvimus If they judged him guilty they wrote C. i. Condemnamus If they found the Causes difficult and doubtful they wrote N. L. i. Non Liquet Ikenild-stréet Stratum Icenorum Is one of the four famous ways which the Romans made in England taking name Ab Icenis who were the Inhabitants of Norfolk Suffolk and Cambridgshires Cam. Brit. fol. 343. See Watling-street and LL. Edovardi Confess cap. 12. Illeviable That ought not or may not be levied As nihil is a word set upon a debt Illeviable Imbargo Span A stop or stay commonly upon Ships by publick Authority Anno 18 Car. 2. cap. 5. Imbezle or Imbesil To steal pilfer or purloyn Mentioned Anno 14 Car. 2. cap. 31. Imbracery See Embracery Imparlance interlocutio or interloquela Is a Motion or Petition made in Court by the the Tenant or Defendant upon the count of the Demandant or Declaration of the Plaintiff whereby he craves respight or a further day to put in his Answer See Broke tit Continuance Imparlance is general or special Special is with this clause Salvis omnibus advantagiis tam ad jurisdictionem Curiae quam Breve Narrationem Kitchin fol. 200. General is that which is made at large without inserting that or the like cause See Emparlance Imparsonée As Parson imparsonee persona impersonata is he that is inducted and in
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
diverted to this kind of search these thirty years as my Glossographia will in some measure witness For whil'st my Contemporaries studied the Law it self and gain'd Riches I was hunting after the difficult and uncuth Terms of it and got nothing but my own satisfaction Nor can I otherwise judge but a Noâ—o lexicon may be as necessary and useful in our Law-Common-wealth even from the Coif to the puny-Clerk as a Lexicon Juridicum among the Civilians or Lexicon-Medicum with the Physitians since I am by this time perswaded that no Law or Science has more abstruse Terms then ours Now that I may in some measure prevent the Readers suspition that my abilities are not commensurate with so great an Undertaking I 'le tell him freely I have in this Meadow made little hay with my own fork but in the more common words have made use of Cowel Lambert Crompton West Terms of the Law Skene c. yet seldom without Corrections Contractions or Additions In the Supplementals Bracton Britton Flâ—ta Spolman Camden Cake our several Reporters and divers other Authors have been my Guides And in such Words wherein Printed Books afforded me no light I have consulted Records Charâ—ers ancient Manuscripts and some of the best Antiquaries of these times from whom I received both encouragement and assistance To many Words I have added their Etymologies where I found them apposite encouraged thereto by the opinion of a Learned Judge Etymologies if they be rightly us'd and drawn from the final cause or from the Effect do not onely yield an Argument of good consequence but also afford much illustration and delight I have briefly inserted all the old Writs out of the Registers though many of them are worn out of use and have not omitted even the Mechanick Words mentioned in our Statutes since there may be use of such knowledge in Pleadings And Lawyers as Cowel well observes professing true Philosophy should not be ignorant of such nor even of Trees from the Cedar of Lebanon to the Hysop that springs out of the Wall Though to gratify the young Student I have inserted some Words which will seem very common to the more Learned yet I have rejected divers I found in Cowel as too mean and indeed not at all deserving an explication such are Groome Sluce Copie Revels Toile VVedding Baubels c. And the names of our common Drugs and Spices mentioned in the Statute of 1 Jac. Besides the general design of this Dictionary in explaining the difficult Law-terms both ancient and modern I conceive the Student may make a further use of it as a Repertory or Common-place Since many Statutes Law-books Charters and Records are cited or referr'd to in most words For I have heard the learned Lord Keeper Littleton made use of Cowels Interpreter for the like service If I have sometimes committed a Jeofaile or hunted Counter in any explication or Etymology in so large a field of words and stor'd with such variety of Game it will be no wonder and I hope will draw no censure upon me from the Ingenuous Quis enim mortalium in argumento tam vario immenso tam nodoso rigido caliginoso alias non erret alias non caecutiat Besides the learned Spelman sometimes concludes a Word with a fateor me ignorare and even Sir Edward Coke has err'd pardon the boldness of that word at least in Etymons as in Atin Hotchpot Panel Heriot Domicellus c. Therefore if I leave some words with a Quaere or a Fortasse to be resolved or corrected by the more learned it is but what Cowel frequently and Spelman has sometimes done Facile est recolere laboriosum condere Advertisements TO the end the Reader may readily know the Series of our Kings from the Conquest and for the most part in what Kings Reign a Charter without Date is made by His Title and again in what Year of our Lord every King Reigned and how long I have prefix'd a Necessary Table to that purpose Such also of the Saxon Characters as are different from the Common since through the want of some knowledge in that Language Authors have committed many Errors The word Gersuma being by some miswritten Gressume by others Grossome and by some Gressame Grithbreche occurs in some Gethbreche Grithbrich Greatbreach Grichbreach and Greachbreach So for Æ¿ere Æ¿ite Were Wite we meet with Pere Pite and the like of divers other words Before the Conquest Charters were usually dated sometimes by Olympiads sometimes by Calends Nones Ides but most frequently by the year of our Lord. After the Conquest Dates were commonly omitted especially in the Deeds of Subjects till King Edward the Second and Edward the Thirds dayes and thenceforth the year of the Kings Reign or that of our Lord was constantly inserted So that Deeds made since the Conquest and found without date may be presumed to be in time before those Kings Reigns Witnesses names were added in the body of the Deed and with the same Hand the Deed was written till and in King Henry the Eighths time but now changed into Endorsements where the Witnesses subscribe their own Names Additions to persons Names in publick Writings and Pleadings were very rarely used till the Statute of 1 Hen. 5. In my Progress where any ancient Charters or Records were judged to be extraordinary either for matter or form I have transcribed them at large but the generality are abridg'd to avoid prolixity One onely Seal of King Edward the Fourth as he was Earl of March I was induced as well for the rarity as preservation of it to exhibit in Sculpture though without the limits of my Province I need not Apologize the Latin where it occurs since both in ancient as well as the modern times our Law-pleadings Charters and Records were alwayes expressed forensi latinitate which is acknowlodged not to be of the purer sort And ae Dipthongs of old seldome used though I have mostly supply'd them To some Words I have added the variae lectiones I met with as Churchesset Flemenefyrinthe Lairwite Scavage c. To others the Etymons which sometimes proved the more difficult in that divers of our Law-Terms of birth since the Conquest are voces hybridae mungrel words one part Saxon the other French or Latin not without a mixture sometimes of British and other Languages The Records and Charters I cite were for the most part copied from the Originals some from printed Books of unquestionable Authority others from the Collections and Manuscripts of faithful and industrious lovers of Antiquity The SAXON CHARACTERS which differ from the VULGAR d f g h M r s t Æ¿ þ d f g h M r s t w th A Titular and Chronological TABLE of our KINGS and QUEENS from the Conquest to the present 1670. Kings NAMES and Titles Began their Reigns Reigned Ye Mo Da. Since they Reigned 1 WIlhelmus Rex Wilhelmus Rex Anglorum Wilhelmus Rex Anglorum Princeps
the Arrentations Is saving power to give such Licences for a Yearly Rent Arrest Fr. a stop or stay and is metaphorically used for a Decree or Determination of a Cause debated or disputed pro and con as Arrest du Senat. i. Placitum Curiae with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice and a Man stopped staid or apprehended for Debt c. is said to be Arrested which may be called The beginning of Imprisonment To move or plead in Arrest of Judgment is to shew cause why Judgment should be staid notwithstanding the Verdict be given To plead in Arrest of taking the Enquest upon the former Issue is to shew cause why an Enquest should not be taken c. Brook tit Repleader For preventing Arrests of Judgments see the Statute 16 17 Car. 2. cap. 8. Arrestandis bonis ne dissipentur Is a Writ which lies for him whose Cattle or Goods are taken by another who during the controversie doth or is like to make them away and will hardly be able to make satisfaction for them afterward Register of Writs fol. 126. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars and hides himself when he should go Register of Writs fol. 24. b. Arresto facto super bonis mercatorum alienigenorum c. Is a Writ which lies for a Denizen against the Goods of Strangers of any other Countrey found within this Kingdom in recompence of Goods taken from him in that Countrey after he hath been denied restitution there Register of Writs fol. 129 a. This among the Ancient Civilians was called Clarigatio now barbarously Reprisalia Arretted arrectatus quasi ad rectum vocatus That is convented before a Judge and charged with a crime It is sometimes used for imputed or laid unto as no folly may be arretted to one under age Littleton cap. Remitter Chaucer useth the Verb Arretteth i. Layeth blame as it is interpreted Bracton says Ad rectnm babere Malefactorem i. To have the Malefactor forth coming so as he may be charged and put to his Tryal Lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis charged with the death of a Man Arrura Hoc Scriptum factum apud Sutton Courtenay 20 Dic Dec. 4 Edw. 3. Inter Dominum Hugonem de Courtenay ex parte una Ric. de Stanlake Johannam uxorem ejus ex altera testatur quod idem Dominus Hugo in excambium remisit eisdem Ricardo Johannae omnimoda opera VIZ. Arruras Messiones Cariagia alia quaecunque opera Et ipsi non dabunt Medfee c. Penes Tho. Wollascot de Sutton praedict Ar. q. If not here used for Ploughing and Harrowing Arthel An. 26 H. 8. cap. 6. And that no person or persons shall hereafter at any time cast any thing into any Court within Wales or in the Lordships Marchers of the same by the mean or name of an Arthel by reason whereof the Court may be letted disturbed or discontinued for that time upon pain of c. Is a British word and is more truly written Arddelw which the Southwales men write Arddel and signifies according to Dr. Davies Dictionary Astipulari Asserere Vindicare Assertio Vindicatio Anglicè Avouch Example O delir Dyn ' ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon i fwrw ei ledrad oddiwrtho i. It a Man be taken with stoln Goods in his hands he must be allowed a lawful Arddelw Vouchee to cleer him of the Felony Which is part of the Law of Howel Dda but probably was so abused in Henry the Eighths time by the delay of or exemption of Felons and other Criminals from Justice that provision by this Statute was made against it Thus explicated by the Learned Meredith Lloyd Esquire Articles of the Clergy Articuli Cleri Are certain Statutes made touching Persons and Causes Ecclesiastical Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3. Assart Fr. Essarter to glade or make Glades in a Wood to make Plain to Grub up or clear a ground of Bushes Shrubs c. Is according to Manwood cap. 9. numb 1. an offence committed in the Forest by plucking up those Woods by the Roots which are Thickets and Cover for the Deer and by making them plain as arable Land which is the greatest Offence or Trespass that can be done in the Forest to Vert or Venison containing as much or more then Waste For whereas Waste of the Forest is but the Felling and Cutting down the Coverts which may grow again Assart is a Plucking them up and Destroying them which is confirmed out of the Red Book in the Exchequer in these words Assarta verò occasiones nominantur quando Forestae nemora vel Dumeta pascuis latibulis ferarum oportuna succiduntur Quibus succisis radicitus avulsis terra subvertitur excolitur And again out of Register of Writs fol. 257. in the Writ Ad quod Damnum sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest and to make it several for Tillage So that it is no offence if done with Licence To this Bracton may be added Lib. 4. cap. 38. who saith That these words Boscus efficitnr Assartum signifie as much as Redactus ad culturam Of this you may read more in Cromp. Jursid fol. 203. and in Charta de Foresta Anno 9 Hen. 3. cap. 4. where it is written Assert not Assart And in Manwood part 1. pag. 171. That which we call Assartum is elswhere termed Disboscatio Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First to the Abbot of Rames Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19. Et quibusdam Sartis quae sartaverunt homines ipsius Ecclesiae c. Assart was also anciently used for a parcel of Land assarted as appears by this Charter of Roger Earl of Mortimer Sciant praesentes futuri quod ego Rogerus de Mortuo mare Dedi concessi Ade Pistori pro servitio suo tresdecem acras terrae super Mughedone inter pratum quod fuit Petri Budelli viam quae vadit per medium Mughedone Dedi etiam eidem Ade Duo Asarta en la Hope quae appellantur Ordrichesruding Aldicheruding in quibus Asartis continentur quinque acrae ad eandem mensuram tresdecem acrarum super Mughedone Ad tenendum de me haeredibus meis sibi haeredibus suis in feo do haereditate libere quiete Reddendo inde annuatim mihi haeredibus meis ille haeredes sui duos solidos ad Festum Sancti Michael pro omni servitio salvo servitio Domini Regis Ut autem haec mea Donatio concessio firma sit stabilis eam hac cartā meā
fourth and last manner is Assise of Right of Damages that is when the Tenant confessing an Ouster 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 damages called an Assise to recover damages as also the whole Process Assise is further taken for the Court place or time when and where the Writs and Processes of the Assise are handled or taken And in this signification Assise is general as when the Justices go their several Circuits with their Commission to take all Assises twice in the year that is called the General Assise It may likewise in this signification be special as if an especial Commission be granted to certain persons as was often done in ancient time Bracton lib. 3. cap. 11. for taking an Assise upon one Disseisin or two this would be called a Special Assise And in this very signification Glanvile uses it Lib. 9. cap 12. See Cokes 4 Inst fol. 158. Concerning the General Assise in the most usual signification thus the Learned Sir Fr. Bacon ALl the Counties of this Realm says he are divided into six Circuits and two Learned Men are assigned by the Kings Commission to every Circuit who ride twice a year through those Shires allotted to that Circuit these we call Justices or Judges of Assise who have five several Commissions by which they sit The first is a Commission of Oyer and Terminer directed to them and many others of the best account in their Circuits But in this Commission the Judges of Assise are of the Quorum so as without them there can be no proceeding This Commission gives them power to deal with Treasons Murders and all manner of Felonics and Misdemeanors and this is their largest Commission The second is of Goal Delivery and that onely to the Judges themselves and the Clerk of the Assise Associate by this Commission they are to deal with every Prisoner in Goal for what offence soever he be there The third Commission is directed to themselves onely and the Clerk of Assise to take Assises by which they are called Justices of Assise and the Office of these Justices is to do right upon Writs called Assise brought before them by such as are wrongfully thrust out of their Lands The fourth Commission is to take Nisi Prius directed to none but the Judgee themselves and their Clerks of Assises by which they are called Justices of Nisi Prius The fifth is a Commission of Peace in every County of their Circuit And all the Justices of Peace having no lawful impediment are bound to be present at the Assises to attend the Judges as occasion shall fall out if any make default the Judges may set a Fine upon him at their pleasure and discretions The Sheriff of every Shire is also to attend in person or by a sufficient Deputy allowed by the Judges who may Fine him if he fail c. See more in Sir Fr. Bacons Use of the Law fol. 13. usque 21. Assisa Continuanda Is a Writ directed to the Justices assigned to take an Assise for the continuance of the Cause in case where certain Records alleaged cannot in time be procured by the party that would use them Reg. of Writs fol. 217. Assisa Proroganda Is a Writ directed to the Justices of Assise for stay of proceeding by reason of the Kings business wherein the party is employed Reg. of Writs fol. 208 221. Assisors assisores sunt qui Assisas condunt aut taxationes imponunt Spelman In Scotland according to Skene they are the same with our Jurors and their Oath is this We shal leil suith say And na suith conceal far na thing we may Sa far as we are charg'd upon this Assise Be God himself and be our part of Paradise And as we wil answear to God upon The Dreadful day of Dome Association associatio Is a Patent sent by the King either of his own motion or at the suit of the Plaintiff to â—ustices appointed to take Assises of Novel Disseisin or of Oyer and Terminer c. to take others unto them as Fellows and Collegues in that affair The examples and sundry uses hereof you may finde in Fitz-Nat Br. fol. 185 111. But more particularly in Reg. of Writs fol. 201 206 223. Assoile absolvere Signifies to deliver pardon or set free from an Excommunication Stamf. Pl. Cor. fol. 72. to this effect otherwise the Defendant should remain in prison till the Plaintiff were assoiled that is delivered from his Excommunication So in 1 Hen. 4. cap. 10. Mention being made of King Edward the Third it is added Whom God assoil Henric. Duc de Lancastre Count de Leicestre de Derby de Senescal Dengletre A touts ceux que ceste endentnre verront ou orront salut en Dieu Come nostre chere bien ame cousin John de Blount eit en nostre mein renduz seissaunte acres de terre ou les appurtenances en Salford en nostre Ducbee de Lancastre les quels il avoit a luy a ses Heirs du don Feofment nostre tres honore Seigneur pere que Dieu assoile c. Dat. 30 Edw. 3. Assumpsit from Assumo Is a voluntary promise made by word whereby a man assumes or takes upon him to pay or perform any thing to another This word comprehends any verbal promise made upon consideration which the Civilians express diversly according to the nature of the promise calling it sometimes Pactum sometimes Promissionem Pollicitationem or Constitutum Astrihilthet or Atrihilthet Sax. Hi qui pacem Regis habent vel manu vel brevi ei fideles existant Qui si nimis confidens in pace quam habet per superbiam alicui forisfecerit damnum restauret iterum tantundem quod Angli vocant Astrihilthet LL. divi Edwardi cap. 30. See Hovedon pag. 606. Atia See Odio Atia At large See Verdict at large Littl. fol. 98. To vouch at large Old Nat. Br. fol 108. To make title at large Kitchin fol. 68. See Bar. Attache attachiare From the Fr. attacher i. figere nectere alligare Signifies to take or apprehend by Commandment or Writ Lamb. in his Eiren. lib. 1. cap. 16. makes this difference between an Arrest and an Attachment that an Arrest proceeds out of an Inferior Court by Precept and an Attachment out of higher Courts by Precept or Writ and that a Precept to Arrest hath these formal words Duci facias c. And a Writ of Attachment these Praecipimus tibi quod attachies talem habeas cum coram nobis c. Whereby it appears that he who Arrests carries the party Arrested to another higher person to be disposed of forthwith he that attacheth keeps the party attached and presents him in Court at the day assigned in the Attachment Yet an Attachment sometimes issues out of a Court Baron which is an Inferior Court
Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors and Searchers of the Custom-houses that they have made true Entrances in their Books He apposeth all Sheriffs upon their Summons of the Pipe in open Court and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
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
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
a long time first sending to the Sheriff of Middlesex to Summon the Party and if he could not be found there then to apprehend him wheresoever But afterwards by the contrivance of Clerks and upon a pretence of Expedition of Justice it was at last devised to put both these Writs into one and so to attach the party complained of upon a Supposal or Fiction that he was not within the County of Middlesex but lurking elswhere and that therefore he was to be apprehended in any place else where he was presumed to lie hid by a Writ directed to the Sheriff of the County where he is suspected to be Launcegays Anno 7 Rich. 2. cap. 13. A kinde of offensive Weapons now disused and prohibited by the said Statute Law Lex From the Saxon Lag or Laugh The Law of England is divided into Three Parts The Common Law which is the most Ancient and General Law of the Realm Statutes or Acts of Parliament and thirdly Particular Customs I say particular for if it be the General Custom of the Realm it is part of the Common Law Coke on Littl. fol. 15. b. Bracton defines it to be Sanctio justa jubens honesta prohibens contraria And the Divine Schoolman says Lex humana est quoddam dictamen rationis quo diriguntur humani actus See Merchenlage Law hath also a special signification wherein it is taken for that which is lawful with us and not elswhere As Tenant by the curtesie of England Anno 13. Edw. 1. cap. 3. To Wage Law Vadiare Legem and to make or do Law Facere Legem Bracton lib. 3. tract 2. cap. 37. When an Action of Debt is brought against one upon some secret Agreement or Contract as in an Action of Detinue for Goods Money or Chattels lent or left with the Defendant the Defendant may wage his Law if he will that is swear and certain persons with him that he detains not the Goods or ows nothing to the Plaintiff in Manner and Form as he hath declared which is intended by Law to be onely in case of the Plaintiffs want of Evidence and when he cannot prove his Surmise by any Deed or open Act. When one wages his Law he shall bring with him so many of his Neighbors as the Court shall assign Sir Edward Coke says Eleven to swear with him That they think in their Consciences he hath sworn truly who in the Civil Law are called Compurgators The offer to make the Oath is called Wager of Law and when it is accomplished it is called The making or doing of Law See Glanvil lib. 1. cap. 9. 12. Anciently Laga was used as Latin for Law Lagam Regis Edwardi vobis reddo c. Magna Char. Hen. 1. Anno 1 Rich. 3. cap. 2. 31 Hen. 6. cap. 6. Coke on Littl. fol. 155. 295. who says it is called Wager of Law because in old time the party did ingage with surety to make his Law by such a day Legem vadiare est cautionem dare de perimplendo Legis exigentiam in re litigata ut de praestando Sacramento ad indictam diem cum indicto consacramentalium seu conjuratorum numero Spelman And was a Custom anciently used among the Egyptians as Boemus in his Book De moribus Gentium informeth us Lawyer Legista Legisperitus Jurisperitus Our Saxons called him Lahman Law of Merchants Lex Mercatoria Is become a part of the Laws of this Realm for if there be two Joynt-Merchants of Wares and Merchandise and one of them dies his Executor shall have the moyety which is not so in the case of others not Merchants Coke on Littl. fol. 182. Anno 13 Edw. 1. stat 3. 27 Edw. 3. cap. 8. Law Spiritual Lex Spiritualis Is the Ecclesiastical Law allowed by the Laws of this Realm which is not against the Common Law whereof the Kings Prerogative is a principal part nor against the Statutes and Customs of the Realm And regularly according to such Ecclesiastical Laws the Ordinary and other Ecclesiastical Judges do proceed in Causes within their Cognizance Coke on Littl. fol. 344. Law of the Staple 27 Edw. 3. stat 2. cap. 22. Is the same with Law-Merchant See 4 Inst fol. 237 238. And Staple Law of Marque Anno 27 Edw. 3. stat 2. cap. 17. From the German word March i. Limes a Bound or Limit because they that are driven to make use of this Law do take the Shipping or Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can take them within their own Bounds or Precincts See Reprisals Law-day Is otherwise called View of Frank-pledge or Court Leet Anno 1 Edw. 4. cap. 2. it is used for the County Court. Et quod terrae eorum imperpetuum quietae sint de sectis Comit atuum Hundredorum nostrorum de visu Franci plegii Lawdayorum de Turno auxilio Vicecomitum c. Carta 39 Hen. 3. m. 5. Lawing of Dogs Mastiffs must be lawed every three years Cromp. Jur. fol. 163. that is Three Claws of the Fore-foot shall be cut off by the Skin Char. Forestae cap. 6. or the Ball of the Forefoot cut out See Expeditate and Pèllota Lawless Court On Kingshil at Rochford in Essex on Wednesday morning next after Michaelmas day at Cockscrowing Is held a Court vulgarly called The Lawless Court They whisper and have no Candle nor any Pen and Ink but a Coal and he that ows Sute or Service and appears not forfeits double his rent every hour he is missing This Court belongs to the Honor of Raleigh and to the Earl of Warwick and is called Lawless because held at an unlawful or lawless hour or Quia dicta sine lege The Title of it in the Court Rolls runs thus Kingshil in Rochford ss CUria de Domino Rege Dicta sine Lege Tenta est ibidem Per ejusdem consuetudinem Ante ortum solis Luceat nisi polus Senescallus solus Nil scribit nisi culis Toties voluerit Gallus ut cantaverit Per cujus soli sonitus Curia est summonita Clamat clam pro Rege In Curia sine Lege Et nisi citò venerint Citiùs paenituerint Et nisi clam accedant Curia non attendat Qui venerit cum lumine Errat in regimine Et dum sunt sine lumine Capti sunt in crimine Curia sine cura Jurati de injuria Tenta ibidem die Mercurii ante Diem proximi post Festum Sancti Michaelis Arch angeli Anno regni Regis c. This Court is mentioned in Cam. Britan though imperfectly who says this servile attendance was imposed on the Tenants for conspiring at the like unseasonable time to raise a Commotion fol. 441. Lawless-Man Sax. Laugheles-Man exlex Is otherwise called an Outlaw Pro exlege tenebitur cum Principi non obediat nec legi tunc utlagabitur sicut ille qui est extra legem sicut Laugheles-man Bract. lib. 3. Corona
it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâ—isum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
be in every liberty that has view of Frankpledge for the correction and cooling of Scoldes and unquiet Women Kitchin fo 13. See Cucking-stool Item si aliquis qui in libertatem nostram per assensum consensum Comburgensium nostrorum admissus fuerit fecerit aliquod delictum per quod ad penam publicam seu vile Judicium ut ad Collistrigium vel Tumbrellum vel aliquod aliud hujusmodi adjudicatus fuerit pro perjuro reputabitur ipso facto amittet libertatem suam MS. Codex de LL. Statutis Corfuetud Burgi villae Mountgom fo 11. Tun Is a measure of Oyl or Wine containing twelve score and twelve Gallons or four Hogsheads Anno 1 Rich. 3. ca. 12. 2 Hen. 6. ca. 11. and 12 Car. 2. ca. 4. a Tun of Timber is 40 solid feet a Load 50. Tun-greve Sax. Tungeraefa i. Villae praepositus A Reeve or Bailiff qui in villis quae dicimus Maneriis Domini personam sustinet ejusque vice omnia disponat moderatur Spelman Tunnage al. Tonnage tunnagium tonnagium Is a Custom or Impost due for Merchandise brought or carried in Tuns and such like vessels from or to other Nations after a certain rate for every Tun An. 12 Edw. 4. ca. 3. 6 Hen. 8. ca. 14. 1 Ed. 6. ca. 13. 1 Jac. ca. 33. 12 Car. 2. ca. 4. It is sometimes used for a duty due to the Mariners for unloading their Ship arrived in any Havens after the rate of so much a Tun. Tunnage and Poundage began in the 45th of Edward the third Cottoni posthuma fo 172. See 4 Inst fo 32. Turbary turbaria from turba a turf Is a right or interest to dig turves on another mans ground Kitchin fo 94. And Common of Turbary is a liberty which some Tenants have by prescription to dig turves on the Lords Waste Turbaria is sometimes also taken for the ground where turves are digged Turn turnum Is the Sheriffs Court kept twice every year viz. within a Moneth after Easter and Michaclmas Mag. Charta ca. 35. 3 Edw. 3. ca. 15. From this Court are exempt onely Arch-bishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept Anno 25 Hen. 3. ca. 10. Britton ca. 29. calls it Tour i. ambitus circuitus It is a Court of Record in all things that pertain to it it is the Kings Leet through all the County and the Sheriff is Judge and this Court is incident to his Office See Cromp. Jur. fo 230. and 4 Inst fo 260. Turney or Tournement Fr. Tourney i. Decursorium Signifies a Martial exercise of Knights or Gentlemen fighting on horseback one with another in disport and is thus defined Torneamenta dicuntur nundinae vel feriae in quibus milites ex condicto convenire ad ostentationem virium suarum audaciae temere congredi solent This word is used in the Statute 24 Hen. 8. ca. 13. but the thing it self is now disused Turno vicecomitum Is a Writ that lies for those that are called to the Sheriffs Turn out of their own Hundred Reg. of Writs fo 174. Twaite Signifies a wood grubbed up and turned to Arable Coke on Litt. fo 4. b. Twa nights geste Hospes duarum noctium If he did harm to any his Host was not answerable for it but himself Hoveden parte poster fo 345. b. See Third-nights-awn-hine Twelve men duodecim homines legales otherwise called the Jury or Enquest is a number of twelve persons or upwards to twenty four by whose Oath as to matters of Fact all Trials pass both in Civil and Criminal Causes through all Courts of the Common Law in this Realm In Civil Causes when proof is made of the matter in question the point of the Fact on which they are to give their verdict is deliver'd likewise to them which we call the Issue then they are put in mind of their Oath to do right and are by the Judges summing up the evidence sent out of the Court by themselves to consider upon the Evidence on both sides untill they are agreed which done they return to the Court and deliver their verdict by the Mouth of their Foreman according to which if the matter be not arrested or staid by the discretion of the Judge or the Court the Judgment passeth In Causes Criminal there are two sorts of Enquests one called the Grand Enquest the other the Enquest of life and death The first is so called either because it consists of sixteen at the least or else because all causes Criminal or Penal first pass through them whereas the other Enquest is especially appointed for one or few matters touching life and death Those of the Grand Enquest are called by Bracton 12 Milites because they were wont to be Knights if so many could be had And their Function is to receive all Presentments of any Offence and accordingly to give their general opinion of them by writing either these words billa vera upon the Bill of Presentment which is an Inditement of the Party presented or else Ignoramus which is a doubting of the Fact presented Of this read more in Inditement Assise Jury See the Statute 35 Hen. 8. ca. 6. 37 ejusdem ca. 22. 2 Ed. 6. ca. 32. 5 Eliz. ca. 25. Tymber of skins Is 40 skins Book of Rates fo 18. Tympeny Abbas Monachi Rading Sint quieti de tributis lastagiis stallagiis de Thething-peny Tympeny de summonitionibus de Assisis super assisis c. In Memorand Scacc. de Anno 20 Ed. 3. in t Record de Trin. Rot. 3. I find it elsewhere written Tinpeny Mon. Angl. 1 Par. fo 419. a. Quaere U. VAcation Vacatio Is all the time respectively betwixt the end of every Term and beginning of the next when such times began and ended in our Ancestors dayes See Hovedens Annals Par post fo 343. a. where you shall find that this intermission was called Pax dei Ecclesiae Also the time from the death of a Bishop or other Spiritual person till the Bishoprick or other Dignity be supplyed with another is called Vacation Westm 1. ca. 21. 14 Edw. 3. ca. 4. 5. See Plenarty Uaccarie alias Uaccharie Vaccaria al. Vaccharia and Vacheria Is a House or place to keep Cowes in Fleta lib. 2. ca. 41. Domus sive locus quo vaccae aluntur vel quo negotium quod ad eos attinet perficitur Spelm. A Dairy-house Without warrant no Subject may have a Vaccary within the Forrest Crom. Jur. fo 194. But in the Stat. 37 Hen. 8. ca. 16. Vacchary seems to be a special name of a certain compass of ground within the Forest of Ashdown Uaga See Waga Uagabond Vagabundus One that wanders about and has no certain dwelling an idle Fellow Rogues Vagabonds and sturdy Beggars mentioned in divers Statutes De Vagabundis aliis hominibus mendicantibus qui se