men upon any cause anno 25 Ed. 3. stat 4. cap. 2. Cathedrall See Church Casu matrimonii praelocuti is a Writ which lyeth in case where a woman giveth lands to a man in fee simple to the intent he shall marry her and refusesh so to do in reasonable time being required thereunto by the woman The form and farther use thereof learn in the Register orig fol. 233. and in Fitzh nat br fol. 205. Causam nobis significes is a Writ which lyeth to a Maior of a Town or City c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke l. 4. casu communalty des Sadlers fol. 55. b. Cautione admittenda is a Writ that lyeth against the Bishops holding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy Church from thenceforth The form and farther effect whereof take out of the Regist orig pag. 66. and Fitzh nat br fol. 63. CE Century centuria See Hundred Cepicorpus is a return made by the Sheriff that upon an exigend he hath taken the body of the party Fitzh nat br Fol. 26. Certiorari is Writ issuing out of the Chancery to an inferior Court to call up the records of a cause therein depending that conscionable Justice therein may be ministred upon complaint made by bill that the party which seeketh the said Writ hath received hard dealing in the said Court. Terms of the Law See the divers forms and uses of this in Fitzh nat br fol. 242. as also the Register both original and judicial in the tables verbo Certiorari Crompton in his Justice of peace f. 117. saith that this Writ is either returnable in the Kings Bench and then hath these words nobis mittatis or in the Chauncerie and then hath in caucellaria nostra or in the Common Bench and then hath Justiciariis nostris de banco The word Certiorare is used divers times in the digest of the Civil Law but our later Criticks think it so barbarous that they suspect it rather to be foisted in by Tribonian than to be originally used by those men of whose works the said digest is compiled Prataeus in suo lexico Certificat certificatorium is used for a writing made in any Court to give notice to another Court of any thing done therein As for example a certificat of the cause of attaint is a transcript made briefly and in few words by the Clerk of the Crown Clerk of the Peace or Clerk of Assise to the Court of the Kings Bench containing the tenure and effect of every endictment outlawrie or convictior and Clerk attainted made or pronounced in any other Court anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque Broke fol. 119. Certification of assise of novel disseisin c. Certificatio assisae novae disseisinae c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices and is called certificatione novae dissessinae Old nat br fol. 181. Of this see also the Register original fol. 200. and the new book of entries verb. Certificat of assise This word hath use where a man appearing by his Bailiff to an assise brought by another hath lost the day and having something more to plead for himself as a deed of release c. which the Bailiff did not or might not plead for him desireth a farther examination of the cause either before the same Justices or others obtaineth Letters patents unto them to that effect The form of these Letters Patents you may see in Fitzh nat br fol. 181. and that done bringeth a Writ to the Sheriff to call both the party for whom the assise passed and the Jurie that was empaneled upon the same before the said Justices at a certain day and place And it is called a certificate because in it there is mention made to the Sheriff that upon the parties complaint of the defective examination or doubts yet remaining upon the assise passed the King hath directed his Letters patents to the Justices for the better certifying of themselves whether all points of the said assise were duly examined yea or not See farther Old nat br and Fitzh ubi supra Of this also you may read Bractoâ— lib. 4. cap. 19. num 4. in fine 5 6. where he discusseth the reason of this point very learnedly and lastly Horn in his Mirrour of Justices lib. 3. cap. finali § en eyde des memoyees c. Certificando ' de recognitione Stapulae it is a Writ directed to the Major of the Staple c. commanding him to certifie the Chauncellor of a statute of the staple taken before him between such and such in case where the party himself detaineth it and refuseth to bring it in Regist orig fol. 152. b. In like manner may be said of certificando de statuto mercatorio eodem fol. 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fol. 195. and certificando quando recognitio c. and certificando quid actum est de brevi super statutum mercatorium fol. 151. and certificando si loquela Warantiae fol. 13. Cessor is he that ceaseth or neglecteth so long to perform a duty be longing unto him as that by his cesse or cessing he incurreth the danger of Law and hath or may have the Writ cessavit brought against him Old nat br fol. 136. And note that where it is said in divers places the Tenent cesseth without any more words such phrase is so to be understood as if it were said the Tenent cesseth to do that which he ought or is bound to do by his Land or Tenement Cessavit is a Writ â—hat lyeth in divers cases as appeareth by Fitzh nat br fol. 280. upon this general ground that he against whom it is brought hath for two years foreslown to perform such service or to pay such rent as he is â—ed unto by his Tenure and hath not upon his Land or his Tenement sufficient goods or cattels to be distreined Consult more at large with Fitz. upon this ubi supra with Fleta lib. 5. cap. 34. § visa sunt and with the Terms of law See Cessavit de cantaria Register orig fol. 238. Cessavit de feod firma eodem fol. 237. Cessavit per biennium eodem folio etiam eodem See the new book of Entries verbo Cessavit Cestui qui vie is in true French Cestui a vie de qui. i. he for whose life any Land or Tenement is graunted Perkins graunts 97. Cestus qui use ille cujus usui vel ad cujus usum is broken French and thus may be bettered Cestui all use de qui. It is an ordinary speech among our Common
is an officer in Court so called because he hath the check and controllement of the yeomen of the Gard and all other ordinary yeomen or huissiers belonging either to his Majesty the Queen or Prince either giving leave or allowing their absences or defects in attendance or diminishing their wages for the same He also nightly by himself or Deputy taketh the view of those that are to watch in the Court and hath the setting of the watch This officer is mentioned anno 33 Henric. 8. cap. 12. Clerk Marshal of the Kings house seemeth to be an Officer that attendeth the Marshall in his Court and recordeth all his proceedings anno 33 Henr. 8. cap. 12. Clothe of Raye an 27 E. 3 stat 1. cap. 4. Closhe is an unlawful game forbidden by the the statute anno 17 E. 4. cap. 3. which is casting of a bowl at nine pinnes of wood or nine shank bones of an ox or horse Clove is the 32 part of a weigh of cheese i. eight pound anno 9 H. 6. cap. 8. Cloves caryophilli are a spice known by sight to every man They are flowers of a tree called caryophillus gathered and hardned by the Sun Of their nature you may read in Gerards Herbal lib. 3. cap. 144. This is comprised among such spices as be to be garbled an 1 Jacob. c. 19. CO Cocket cockettum is a seal appertaining to the Kings Custome-house Regist orig fol. 192 a. and also a scrow of parchment sealed and delivered by the officers of the Custome-house to Merchants as a warrant that their merchandise be customed anno 11 H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist. ubi supr fol. 179 a. So is the word used anno 5 6 Edw. 6. cap. 14. an 14 Edw. 3. stat 1. c. 21. This word is also used for a distinction of bread in the statutes of bread and ale made anno 51 H. 3. where you have mention of bread coket wastelbread bread of trete and bread of Common wheat Coferer of the Kings houshold is a principal officer of his Majesties Court next under the controller that in the Counting-house and elsewhere at other times hath a special charge and oversight of other officers of the houshold for their good demeanour and carriage in their offices to all which one and other being either Sergeants Yeomen Grooms Pages or children of the kitchin or any other in any room of his Majesties servants of houshold and payeth their wages This officer is mentioned an 39 Eliz. cap. 7. Cogs anno 23 H. 8. cap. 18. Conisor of a fine is he that passeth or acknowledgeth a fine in Lands or Tenements to another Cognisee is he to whom the fine is acknowledged West parte 2. symbol tit Fines sect 2. Cognizance cometh from the French cognisance id est intelligentia intellectus notio cognitio with us it is used diversly sometime signifying a badge of a serving-mans sleeve whereby he is discerned to belong to this or that Noble or Gentleman sometime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3.20 32. cognoscere se ad villanum Idem lib. 4. tract 3. cap. 16. As also to make cognisance of taking a distresse sometime as an audience or hearing of a matter judicially as to take cognisance sometime a power or jurisdiction as cognisance of plee is an ability to call a cause or plee out of another Court which no man can do but the King except he can shew Charters for it Manwood parte 1. of his Forest laws pag. 68. See the new Termes of the Law and the new book of Entries verbo Conusance Cognatione see Cosenage Cognisour see Conisour Cognitionibus mittendis is a Writ to a Justice or other that hath power to take a Fine who having taken acknowledgement of a Fine deferreth to certifie it into the Court of Common plees commanding him to certifie it Reg. orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin id est Angulus which probably verifieth the opinion of such as do hold the ancientest sort of Coyn to be cornered and not round Of this Lawyers substantive cuna commeth the Lawyers verb cunare i. to coyn Cromtons Justice of peace fol. 220. Coliander seed or rather coriander seed Semen coriandri is the seed of an hearb so called medicinable and wholesome for divers goo◠purposes which see in Gerards Herbal l. 2. cap. 379. It is numbered among the drugges that be to be garbled an 1 Jacob. cap. 19. Collaterall collateralis commeth of the Latine Laterale id est that which hangeth by the side Lateralia viatoria π. de lega fidelium tertio l. 102. seem to signifie a budget or cap-case to hang by a saddel pomel Collaterall is used in the Common law for that which commeth in or is adhering of the side as collaterall assurance is that which is made over and beside the deed it self For example if a man covenant with another and enter bond for the performance of his covenant the bond is termed collaterall assurance because it is externall and without the nature and essence of the covenant And Crompt Jurisd fol. 185. sayeth that to be subject to the fee ding of the Kings Deer is collaterall to the spoyl within the Forest in the like manner may we say That the liberty to pitch booths or standings for a Fair in another mans ground is collaterall to the ground The private woods of a Common person within a Forest may not bee cut without the Kings licence For it is a prerogative collaterall to to the soil Manwood parte 1. of his Forest laws p. 66. Collaterall warranty see Warranty Collation of benefice collatio beneficii signifieth properly the bestowing of a Benefice by the Bishop that hath it in his own gift or patronage and differeth from Institution in this for that institution into a benefice is performed by the Bishop at the motion or presentation of another who is patron of the same or hath the Patrons right for the time Extra de institutionibus De concessione praebendarum c. And yet is collation used for presentation anno 25 Edw. 3. stat 6. Collatione fact a uni post mortem alterius c. is a writ directed to the Justices of the Common Plees commanding them to direct their writ to a Bishop for the admitting of a Clerk in the place of another presented by the King that during the sute between the King and the Bishops Clerk is departed For judgment once passed for the Kings Clerk and he dying before he be admitted the king may bestow his presentation upon another Regist orig fol. 31. b. Collatione heremitagii is a writ whereby the king conferreth the keeping of an Ermitage upon a Clerk Register orig fol. 303 308. Colour color signifieth in the Common law a probable plee but in truth
5. where he saith that in case a Writ of right be brought and the seisin of the Demandant or his Ancestor alleged the seisin is not traversable by the Defendant but he may tender or profer the half mark for the enquiry of this seisin which is as much to say in plainer Terms that the Defendant shall not be admitted to denie that the Demandant or his Ancestor was seised of the Land in question and to prove his denial and that he shall be admitted to tender half a Mark in money to have an enquiry made whether the Demandant c. were so seised or not And in this signification I read the same words in the old English natura brevium fol. 26. b. viz. Know ye that in a Writ of right of Advowzen brought by the King the Defendant shall not profer the half Mark no Judgement final shall be given against the King c. Whereof Fitzh ubi supra M. giveth the reason because in the Kings case the Defendant shall be permitted to traverse the seisin by licence obtained of the Kings Sergeant To this effect See Fitz. nat br fol. 31. C.D.E. Half seal is used in the Chancery for the sealing of Commissions unto Delegates appointed upon any appeal in Ecclesiastical or Marine causes anno 8 Eliz. cap. 5. Half tongue See Medietas linguae Halymote alias Healgemot is a Court Baron Manwood parte prima of his Forest laws pag. 111. and the Etymologie is the meeting of the Tenants of one Hall or Mannor M. Gwins Preface to his Reading which for the esteem thereof is by copies spread into many mens hands Hallage is a Fee due for clothes brought for sale to Blackwel-hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutive of Ham which signifieth habitationem Cambden Brit. pag. 149. 354. The French hameau i. viculus is also neer unto it Kitchin hath Hamel in the same sense f. 2.15 who also useth hampsel for an old house or cottage decayed fo 103. Hamlet as Stow useth it in Ed. 3. seemeth to be the seat of a Free-holder For there he saith that the said King bestowed two Manors and nine Hamlets of land upon the monastery of Westminster for the keeping of yearly obits for his Wife Queen Eleanor deceased Hameling of dogs or hambling of dogs is all one with the expeditating of dogs Manwood parte prim of his Forest laws pag. 212. parte 2. cap. 16. num 5. where he saith this is the ancient term that Foresters used for that marter whence this word might be drawn I dare not resolve but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feet so as they cannot take any great desight in running abroad See Expeditate Hampsel See Hamlet Hamsoken See Homesoken M. Skene de verb. significa writeth it Haimsuken and deriveth it from Haim a German word signifying a house or dwelling and Suchen that is to seek search or pursue It is used in Scotland for the crime of him that violently and contrary to the Kings peace assaulteth a man in his own house which as he saith is punishable equally with ravishing of a VVoman significat quietantiam misericordiae intrationis in alienam domum vi injusté Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17 Ed. 4. cap. 2. is the name of an unlawful game Hand-full is four inches by the standard anno 33 H. 8. cap. 5. c. Hankwit aliâs Hangwit or Hengwit cometh of the Saxon words Hangen i. pendere and wit whereof read in Gultwit Rastal in the title Exposition of words saith It is a liberty granted unto a man whereby he is quit of a Felon or Thief hanged without judgement or escaped out of custody I read it interpreted mulcta pro homine injustè suspenso Or whether it may be a liberty whereby a Lord chalengeth the forfeiture due for him that fordoth himself within his Fee or not let the Reader consider See Blood-wit Hanper haneperium haneper of the Chancery anno 10 R. 2. cap. prim seemeth to signifie as fiscus originally doth in Latine See Clerk of the Hanaper Hanse as Ortelius in the Index of his Additament to his Theater ver Ansiatici saith is an old Gothish word where he sheweth not the interpretation It signifieth a certain society of Merchants combined together for the good usage and safe passage of Merchandize from Kingdome to Kingdome This society was and in part yet is endued with many large privileges of Princes respectively within their territories It had four principal seats or staples where the Almain or Dutch Merchants being the Erectours of this society had an especial house one of which was here in London called Gildhalda Teutonicorum or in our Common language the Steelyard Of this you may read more in the place of Ortelius above mentioned Haope cometh of the French happer i. rapio cum quadam velo citate capio and the French seemeth to come from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It signifieth in our Common law the same thing as to hap the possession of a deed poll Litleton fol. 8. Haque is a hand-gun of about three quarters of a yard long anno 33 Henr. 8. cap. 6. anno 2. 3 E. 6. cap. 14. There is also the half-haque or demy-haque See Haquebut Haquebut is that piece of artillery or gun which we otherwise call an harquebuse being both French words Anno 2. 3 Ed. 6. cap. 14. anno 4. 5 Phil. Mar. cap. 2. Hariot aliâs heriot heriotum in the Saxon heregeat a litle altered which is drawn from here i. exercitus And a heriot in our Saxons time signifieth a tribute given to the Lord for his better preparation toward War Lambert innis explication of Saxon words verbo Hereotum The name is still retained but the use altered for wheras by Master Lamberts opinion ubi suâ—ra it did signifie so much as relief doth now with us now it is taken for the best chattel that a Tenent hath at the hour of his death due unto the Lord by custom be it horse oxe cattel or any such like Master Kitchin distinguisheth between Heriot service and Heriot custom fol. 133 134 For interpretation whereof you shall find these words in Brook titulo Hariot num 5. Hariot after the death of the Tenent for life is Hariot custome For Hariot service is after the death of Tenent in Fee-simple The new Expounder of the Law Terms saith That Hariot service in some mans opinion is often expressed in a mans grant or deed that he holdeth by such service to pay Hariot at the time of his death that holdeth in Fee-simple Hariot custome is where Hariots have been payd time out of mind by Custome And this may be after the death of the Tenent for life See Plowden fol. 95 b. 69 a b. Bracton saith that Heriotum est quasi relevium li.
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only understood where a man hath inheritance of Lands and Tenements by descent of heritage but also every fee simple or fee tail that a man hath by his purchase may be said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
words Billa vera or disallow by writing Ignoramus such as they doe approve if they touch Life and Death are farther referred to another Jury to be considered of because the case is of such importance but others of lighter moment are upon their allowance without more work fined by the Bench except the party travers the Inditement or challenge it for insufficiency or remove the cause to a higher Court by Certiorari in which two former cases it is referred to another Jury and in the latter transmitted to the higher Lamb. Eir. li. 4. ca. 7. and presently upon the allowance of this Bill by the Grand Enquest a man is said to be indited Such as they disallow are delivered to the Bench by whom they are forthwith cancelled or torn The Petit Iury consisteth of twelve men at the least and are empaneled as well upon criminal as upon civil causes those that passe upon offences of Life and Death doe bring in their verdict either guiltie or not guilty wherupon the Prisoner if he be found guilty is said to be convicted and so afterward receiveth his judgement and condemnation or otherwise is acquitted and set Free Of this read Fortes cap. 27. Those that passe upon civil causes real are all or so many as can conveniently be had of the same Hundred where the land or tenement in question doth lie and four at the least And they upon due examination bring in their verdict either for the Demandant or Tenent Of this see Fortescue cap. 25 26. According unto which judgement passeth afterward in the Court where the cause first began and the reason hereof is because these Justices of Assise are in this case for the ease of the Country only to take the verdict of the Jury by the vertue of the writ called Nisi prius and so return it to the Court where the cause is depending See Nisi prius Joyn with this the chapter formerly cited out of the Custumary of Normandie and that of King Etheldreds laws mentioned by Master Lamberd verbo Centuria in his explication of Saxon words And by these two words you shall perceive that as well among these Normans as the Saxous the men of this Jury were Associates and Assistants to the Judges of the Court in a kind of equalitie whereas now adayes they attend them in great humility and are as it were at their command for the service of the Court the words set down by M. Lamberd are these In singulis centuriis comitia sunto atque liberae conditionis viri duodeni aetate superiores un à cum praeposito sacra tenentes juranto se aedeo virum aliquem innocentem hand condemnaturos sontemve absoluturos to this joyn also the 69. chapter of the said Custumary See Enquest See 12. Men. See Lamberds Eirenarch lib. 4. cap. 3. pag. 384. Juris utrùm is a writ that lieth for the incumbent whose predecessour hath alienated his lands or tenements the divers uses of which writ see in Fitzh nat br fol. 48. Jurisdictiou Jurisdictio is a dignity which a man hath by a power to doe Iustice in causes of Complaint made before him And there be two kinds of Jurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his fee The other is a Iurisdiction given by the Prince to a Bayliff this division I have in the Custumary of Normandie cap. 2. which is not unapt for the practice of our Commonwealth for by him whom they call a Bayliff wee may understand all that have commission from the Prince to give judgement in any cause The Civilians divide jurisdictionem generally in imperium jurisdictionem and imperium in merum et mixtum Of which you may read many especiall tractats written of them as a matter of great difficulty and importance Justes cometh of the French Joustes i. decursus and signifieth with us contentions between Martial men by speares on horsback anno 24 H. 8. cap. 13. Justice Justiciarius is a Freneh word and signifieth him that is deputed by the King to doe right by way of judgement the reason why he is called Justice and not Judex is because in ancient time the latine word for him was Justitia and not Justiciarius as appeareth by Glanv lib. 2. cap. 6. Roger Hoveden part poster suorum annalium fo l 413. a. and divers other places which appellation we have from the Normans as appeareth by the Grand Custumary cap. 3. And I doe the rather note it because men of this function should hereby consider that they are or ought to be not Justi in their judgements but in abstract ipsa justitia howbeit I hold it well if they perform their office in concreto Another reason why they are called Justiciari◠with us and not Judices is because they have their authority by deputation as Delegates to the King and not jure magistratus and therefore cannot depute others in their stead the Justice of the Forest only excepted who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices of these Justices you have divers sorts in England as you may perceive here following The manner of creating these Justices with other appurtenances read in Fortescue cap. 51. Justice of the Kings bench Justiciarius de Banco Regis is a Lord by his office and the chief of the rest wherefore he is also called Capitalis Justiciarius Angliae his office especially is to hear and determine all plees of the Crown that is such as concern offences committed against the crown dignity and peace of the King as treasons felonies mayhems and such like which you may see in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled The plees of the Crown from the first chapter to the fifty one of the first Book But either it was from the beginning or by time is come to passe that he with his Assistants heareth all personal actions and real also if they be incident to any personal action depending before them See Cromptons jurisd fol. 67. c. Of this Court Bracton lib. 3. ca. 7. nu 2. saith thus Placita vero civilia in rem personam in Curia domini Regis terminanda coram diversis Justiciariis terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet unam propriam sicut aulam regiam justiciariios capitales qui proprias causos Regis terminant aliorum omnium par querelam vel per privilegium sive libertatem ut si sit aliquis qui implacitari non debeat nisi coram domino Rege This Justice as it seemeth hath no patent under the broad Seal For so Cromp. saith ubi supra He is made only by Writ which is a short one to this effect Regina Johanni Popham militi salutem Sciatis
portionis is a Writ that lyeth for a joint renent or renent in Common that is distreyned for more rent than the proportion of the Land commeth unto Reg. orig fol. 182. b. OP Open Law Lex manifesta Lex apparens is making of Law which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions except they have Witnesses to prove their imputation OR Orchel anno 1 R. 3. cap. 8. Orchall anno 24 H. 8. cap. 2. anno 3 4 Ed. 6. cap. 2. seemetst to be all one with Cork Ordinance of the Forest Ordinatio Forestae is a Statute made touching Forest causes in the 34 year of Edward 1. See Assise Ordinary Ordinarius though in the Civil law whence the word is taken it doth signifie any Judge that hath authority to take knowledge of Causes in his own right as he is a Magistrate and not by deputation yet in our Common law it is most commonly and for ought I remember alway taken for him that hath ordinary jurisdiction in causes Ecclesiastical See Brook hoc titulo Linwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo et aliis superioribus qui soli sunt universales in suis ju isdictionibus sed sunt sub eo aliâ—ordinarii hii viz. quibus competit jurisdictio ordinaria de jure privilegio vgl consuetudine c. v. c. Ordinatione contra servientes is a Writ that lyeth against a Servant for leaving his Master against the Statute Register original fol. 189. Ordel Ordalium is a Saxon word signifying as much as Judgement in some mens opinions compounded of two Saxon words or a privative as a in Greek and dael 1. pars It signifieth as much as expers but it is artificially used for a kind of purgation practised in antient times whereby the party purged was judged expers criminis called in the Canon law purgatio vulgaris and utterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were used in it Of this you may like wise read Holinshed in his description of Britain fol. 98. and also M. Manwood parte pri of his Forest laws pag. 15. But of all the rest Hotoman especially disput de feud p. 41. where of five kind of proofs which he calleth feudales probationes he maketh this the fourth calling it explorationem et hujus furiosae probationis 6. genera fuisse animadvertit per flammam per aquam perferrum candens per aquam vel gelidam vel ferventem per sortes et per corpus Domini of all which he allegeth several exemples out of History very worthy the reading See M. Skene also de verbor significatione verbo Machamium This seemeth to have been in use here with us in Henry the seconds dayes as appeareth by Glanvile lib. 14. c. 1 2. Read also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seq Orfgild aliis Cheapegeld is a restitution made by the Hundred or County of any wrong done by one that was in plegio Lamberd Archaion page 125. 126. Org is anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now a daies called Organ ling. Oredelf is a liberty whereby a man claimeth the Ore found in his soyl New exposition of Termes Ortelli is a word used in the book termed pupilla oculi in the chapter containing the Charter of the Forest parte 5. cap. 22. and signifyeth the clawes of a dogs foot being taken from the French orteils des pieds i. digiti pedum the Toes OS Osmonds anno 32. Henr. 8. cap. 14. OT Oth of the King Juramentum Regis is that which the King taketh at his Coronation which in Bract. is set down in these words Debet Rex in coronatione sua in nomine Jesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse praecepturum pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur Secundò ut rapacitates et omnes inquietates omnibus gradibus interdicat Tertiò ut in omnibus judciis aequitatem praecipat misericordiam ut indulgeat ei suam misericordiam clemens misericors Dens ut per justitiam suam firma gaudeant pace universi And in the old abridgment of Statutes set out in King Henry the eighths dayes I find it thus described This is the oath that the King shall swear at his Coronation That he shall keep and maintain the right and the liberties of the Holy Church of old time granted by the righteous Christian Kings of England and that hee shall keep all the Lands Honours and Dignities righteous and free of the Crown of England in all manner whole without any manner of minishment and the rights of Crown hurt decayed or lost to his power shall call again into the ancient estate and that he shall keep the peace of the Holy Church and of the Clergy and of the people with good accord and that he shall doe in all his judgements equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and customes of the Realm and to his power keep them and affiem them which the folke and people have made and chosen and the evill Lawes and customes wholey to put out and stedfast and stable peace to the people of this Realm keep and cause to be kept to his power and that hee shall grant no Charter but where he may doe it by his oath All this I find in the foresaid Book titulo Sacramentum Regit and Charter of Pardon quinto Oth of the Kings Justices is That they well and truly shall serve the King and that they shall not assent to things that may turn to his dammage or disinheritance Nor that they shall take no fee nor livery of none but the King Nor that they shall take gift or reward of none that hath adoe before them except it be meat and drink of small value as long as the plce is hanging before them nor after for the cause Nor that they shall give counsell to none in matter that may touch the King upon pain to be at the Kings will body and goods And that they shall doe right to every person notwithstanding the Kings Letters c. Anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. ejusdem statuâ—o perse Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani and Legate for the Pope here in England anno 22 H. 3. whose constitutions we have at this day Stows An. p. 303. and see the first constitution of the said Legat Othobonus was a Deacon Cardinal
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
right of this prohibition you may read Bracton also lib. 5. tract 5. cap. 3 4 5 6 7 8 9 10 11 12. who saith that it lyeth not after sentence given in any cause however the case is altered and again the statute made anno 50 Ed. 3. which ordaineth that above one Prohibition should not lye in one cause See the diversity of prohibitions in the table of the original Regist See the new book of Entries verbo Prohibition and Fitz. na br fol. 39. Prohibtio de vasto directa parti is a writ judicial directed to the tenent and prohibiting him from making waste upon the land in controversie during the sute Register judicial fol. 21. It is sometime made to the Shyreeve the example whereof you have there next following Pro indiviso is a possession and occupation of lands or tenements belonging unto two or more persons whereof none knoweth his several portion as coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the Convocation house prolocutor domus convocationis is an officer chosen by persons Ecclesiastical publikely assembled by the Kings writ at every Parliament And as there be two houses of Convocations so be there two prolocutors one of the higher house the other of the lower house who presently upon the first Assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they mean 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 cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions do defer the names or complain of offenders having part of the profit for their reward These were called among the Romans Quadruplatores or Delatores They belong especially to the Exchequer and the Kings bench Smith de repub Angl. li. 2. ca. 14. Pro patribus liberandis is a writ for the partition of lands between co-heirs Register original fol. 316. Prophecies prophetiae be in our common law taken for wisardly foretellings of matters to come in certain hidden and enigmatical speeches Whereby it falleth out many times that great troubles are stirred in our Common-wealth and great attempts made by those to whom the speech framed either by the description of his cognisance arms or some other quality promiseth good successe anno 3 Ed. 6. cap. 15. anno 7 ejusdem cap. 11. anno 5 Elizab. ca. 15. But these for distinctions sake are called false or phantastical prophecies Property proprietas signifieth the highest right that a man hath or can have to any thing which is no way depending upon any other mans courtesie And this none in our Kingdome can be said to have in any lands or tenements but only the King in the right of his Crown Because all the Lands through the Realm are in the nature of fee and do hold either mediately or immediately of the Crown See Fee This word neverthelesse is in our Common law used for that right in lands and tenements that common persons have because it importeth as much as utile dominium though not directum Proprietate probaenda is a writ See the original Regist fol. 83. a. 85. b. It lyeth for him that will prove a property before the Shyreeve Brooks Property 1. For where a property is alleged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a property in any thing but is most nototiously used for him that hath the fruits of a benefice to himself and his heirs or succescessors as in time past Abbots and Priors had to them and their Successors See Appropriation Pro rata portionis See Onerando prorata portionis Proection protectio hath a general and special signification In the general it is used for that benefit and safety that every subject or Denizen or alien specially secured hath by the Kings laws And thus it is used an 25 Edw. tertii capite 22. Protection in the special signification is used for an exemption or an immunity given by the King to a person against sutes in law or other vexations upon reasonable causes him thereunto moving which I take to be a branch of this prerogative And of this protection Fitzh maketh two sorts in his nat br fol. 28. The first form or sort he calleth a protection cum clausula Volumus whereof he mentioneth four particulars A protection quia profecturus for him that is to passe over sea in the Kings service A protection quia moratur for him that is abroad in the Kings service upon the sea or in the marches anno 7 H. 7. cap. 2. A protection for the Kings debter that he be not sued or attached untill the King be payed his debt See anno 15 Ed. 3. This some Civilians call moratoriam which see In singularibus Marantae verb. Princeps p. 79. col 2. And a protection in the Kings service beyond the seas or on the marches of Scotland whereof you may read something anno 1 R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second form of protection istermed cum clâ—usula Nolumuâ— which is granted most comonly to a spiritual company for their immunity from taking of their cattel by the Kings ministers But it may be granted also to one man spiritual or temporal Of these things read the same Author and the forms of these writs See also in the Register Original fol. 22. 23. And see the new expositour of law terms to what action the Kings protection doth not extend See also the new book of Entries verbo protection Protonotarie protonotarius See Preignetary Protestation protestatio is as Justice Walsh defineth it a defence of safegard to the party which maketh it from being concluded by the act he is about to do that issue cannot be joyned upon it Plowden fol. 276. b. whereof see the Regist orginal fol. 306. b. And see Protest Protest protestari hath two divers applications one is by way of cautell to call witnesse as it were or openly to affirm that he doth either not at all or but after a sort yeeld his consent to any act as unto proceeding of a Iudge in a Court wherein his jurisdiction is doubtfull or to answer upon his oath farther than he by law is bound See Plowden casu Gâ—esbroke fol. 276. b. and the Register original fol. 306. b. Another is by way of complaint to protest a mans bill For example if I give mony to a merchant in France taking his Bill of Exchange to be repayed in England by one whom he assigneth me if at my comming I find not my self satisfied to my contentment but either delayed or denyed then I go into the burse or some
open concurse of Merchants and protest that I am deceived by him And thereupon if he hath any goods remaining in any mans hands within the Realm the Law of Merchants is that I be paid out of them Prouver Probator See Approuver anno 5 H. 4. cap. 2. See Approvours Province Provincia was used among the Romans for a Country without the compasse of Italy gained to their subjection by the sword whereupon the part of France next the Alpes was so called of them when it was in their dominion and of that carrieth the same name at this present But with us a Province is most usually taken for the circuit of an Archbishops Iurisdiction as the Province of Canterbury and the Province of York anno 32 H. 8. ca. 23. anno 33 ejusdem cap. 31. yet it is used divers times in our statutes for several parts of the Realm Provincial provincialis is a chief goververnor of an order of Friers anno quar Hen. quar cap. 17. Protoforestaâ—ius was he whom the antient Kings of this Realm made chief of Wind for Forest to hear all causes of death or mayhem or of slaughter or of the Kings Deer within the Forest Camden Brit. pag. 213. See Justice of the Forest Prove See Profe Provision proviso is used with us as it is used in the Canon law for the providing of a Bishop or any other person of an Ecclesiastical living by the Pope before the Incumbent be dead It is also called gratia expectativa or Mandatum de providendo The great abuse whereof in the Pope through all Christendome heretofore you may read not only in Duarenns de sacris ecclesiae ministeriis beneficiis l. 3. cap. 2. but also for England particularly in divers statutes of the Realm viz. anno 35 Ed. 3. cap. 22. stat 4. statu 5. commonly called the statute de provisionibus anno 27 ejusdem cap. 1. anno 38 ejusdem stat 2. cap. pri 2 3 4. anno 38 ejusdem anno 2 Rich. 2. cap. 7. anno 3 ejusdem cap. 3. anno 7 ejusdem cap. 12. anno 12 ejusdem cap 15. anno 13 ejusdem stat 2. cap. 2 3. anno 16 ejusdem cap. 5. anno 2 Henr. 4. cap. 3 et 4. et anno 5 ejusdem cap. prim et anno 7 ejusdem cap. 6 et 8. et anno 9 ejusdem cap. 8. anno 3 Henr. 5. cap. quar See Praemunire Provisour Provisor is he that sueth to the court of Rome for a provision Old nat br fol. 143. See Provision Proviso is a condition inserted into any deed upon the observance whereof the validity of the deed consisteth which form of condition seemeth to be borrowed from France for Pourvieu Gallicum semper conditionem inducit Tiraquel tome 3. pag. 316. Our common Lawyers say that it sometime signifieth but a covenant whereof you have a large dispute in the second Book of Sir Edward Cooks Reports in the Lord Cromwels case It hath also another signification in matters Iudicial as if the Plaintiff or demandant desist in prosecuting an action by bringing it to a tryal the defendant or tenent may take out the venire factas to the Shyreeve which hath in it these words Proviso quòd c. to this end that if the Plaintiff take out any writ to that purpose the Sheriff shall summon but one Iury upon them both See Old natura brev in the writ Nisi prius fo 159. PU Purchas See Pourchas Purfles of a womans gown anno 33 H. 8 cap. 5. Purgation purgatio is a clearing of a mans self from a crime whereof he is probably and publiquely suspected and thereof denounced to a Iudge Of this there was great use in England touching matter of Felony imputed to Clerks in former time as appeareth by Stawnf pl. cor li. 2. cap. 48. See Clergy It is still observed for matter pertaining to the Ecclesiastical court as suspicion or common fame of incontinency or such like Purgation is either Canonical canonica or vulgar vulgaris Canonical is that which as prescribed by the Canon law The form whereof is usually in the Spiritual court the man suspected taking his oath that he is clear of the fault objected and bringing so many of his honest Neighbours being not above twelve as the court shall assign him to swear upon their consciences and credulity that he sweareth truly or hath taken a true oath Vulgar purgation was by fire or water or by combat used by infidels and Christians also untill by the Canon law it was abolished tit 15. depurgatione Canon et vulga in Decretalibus Combat though it be lesse in use than it was yet it is and may be still practised by the Laws of the Realm in cases doubtfull if the defendant chuâ—e rather the combat than other tryal See Ordell See Combat Purlue is all that ground near any Forest which being made Forest by Henry the second Richard the first or King John were by perambulation granted by Henry the third severed again from the same Manwood parte 2. of his Forest laws cap. 20. And he calleth this ground either pouralce i. perambulationem or purliu purluy which he saith be but abusively taken for pourallee ubi supra num 3. But with the licence of that industrious and learned Gentleman I am bold to say that this word may be no less fitly made of two French words pur i. purus and lieu i. locus and my reason is because that such grounds as were by those Kings subjected to the Laws and Ordinances of the Forest are now cleared and freed from the same for as the Civilians call that purum locum qui sepulchrorum reliâ—ioni non est obstrictus sect 9. de reruus divisin institution so no doubt in imitation of that very point our auncestors called this purlieu i. purum locum because it was exempted from that servitude or thraldome that was formerly layd upon it So ager purus est qui neque sacer neque sanctus neque religiosus sed ab omnibus hujusmodi nominibus vacare videtur lib. 2. sect 4. Ï€. de religio et sumptibus funerum And therefore Master Crompton Purraile is not much amisse fol 153. of his Iurisdict because we may also derive it from the French words pur and allee that is as much as to say as a clear or a free walk or passage And where it is sometime called Pouralee that may and doth come from pur and alee i. itio profectio ambulatio because he that walketh or courseth within that compasse is clear enough from the laws or penalties incurred by them which hunt within the precincts of the Forest See the statute anno 33 Edw. prim stat 5. Pourlie man is he that hath ground within the purlieu and being able to dispend forty shillings by the year of Freehhold is upon these two points licensed to hant in his own purlieu Manwooâ— parte 1 of his Forest laws pag. 151 and 157.
signifieth in our Common law even the same as the repeal of a Statute Rastal titulo Repeal Brook useth Repellance in this signification titulo Rapellance Repleader Replacitare is to plead again that which was once pleaded before Rastal titulo Repleader See the new Book of Entries verbo Repleader Replegiare See Replevie See Second deliverance Replevie Plevina is the bringing of the writ called Replegiari facias by him that hath his Cattell or other Goods distreined by another for any cause and putting in surety to the Shyreeve that upon the delivery of the thing distreined he will persue the action against him that distreined Terms of Law See Replegiare It is used also for the bayling of a man pl. cor f. 72 73 74. West pri cap. 11. cap. 15. anno 3 Ed. 1. Replegiare de averiis is a writ brought by one whose Cattell be distreined or put in pound upon any cause by another upon surety given to the Shyreeve to persue the action in law anno 7 H. 8. cap. 4. Fitz. nat br fol. 68. See the Register original of divers sorts of this writ called Replegiare in the Table verbo codem See also the Register judicial fol. 58. 70. See also the new book of Entries verbo Replevin See Dyer fol. 173. un 14. Replevish replegiare is to let one to mainprise upon surety Anno 3 Edw. 1. cap. 11. Replication replicatio is an exception of the second degree made by the Plaintiff upon the first answer of the Defendant West parte 2. symbol titulo Chancery sect 55. West 2. anno 13 Ed. pri cap. 36. This is borrowed from the Civilians De replicationibus li. 4. Institutio titulo 14. Report reportus is in our Common law a relation or repetition of a Case debated or argued which is sometime made to the Court upon reference from the Court to the Reporter sometime to the world voluntarily as Ploydens reports and such like Reposition of the Forest was an act whereby certain Forest grounds being made purlieu upon view were by a second view laid to the Forest again Manwood parte pri pag. 178. Reprisells reprisalia are all one in the Common and Civil law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data creditori pro injuriis et damiis acceptis Vocabucarius utriusque juris This among the ancient Romanes was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the Statute anno 27 Ed. 3. stat 2. cap. 17. Law of Marque of the German word March i. terminus limes And the reason may be because one destitute of Justice in another territory redresseth himself by the goods belonging to men of that territorie taken within his own bounds Requests Supplicum libelli Curia Requistionum is a Court of the same nature with the Chauncery redressing by equity the wrongs that poor men do suffer at their hand whose might they are not able to withstand either in Law or otherwise It took beginning as some men think by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed between the Prince and Petitioners by direction from the mouth of the King Guins Preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to plead his right in a cause for merly commenced between other two See the new book of Entries verbo Resceit V. Aide prier The Civilians call this admissionem tertii pro suo interesse Of this you have one example in the terms of Law viz. if Tenant for term of life or Tenant for term of years bring an action he in the reversion commeth in and prayeth to be received to defend the land and to plead with the Demandant Many more you may have in Brook titulo Resceit fol. 205. See Perkins Dower 448. Receit is also applyed to an admittance of plee though the controversie be between two only Brook estoppel in many places Resceyt of homage is a relative to doing homage for as the Tenant who oweth homage doth it at his admission to the land so the Lord receiveth it Kitchin fol. 148. See Homage Rescous Rescussus cometh of the French Rescourre se Rescourre du danger i. asserere se ab injuria It signifieth in our common Law a resistance against a lawful authority as for example if a Bayliff or other Officer upon a Writ do arrest a man and another upon a Writ do arrest a man and another one or more by violence do take him away or procure his escape this act is called a Rescus Cassanaeus in his book de consuctud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations doe use this word in the same signification that we doe or the very like It is also used for a Writ which lyeth for this act called in our Lawyers Latine Breve de rescussu whereof you may see both the form and use in Fitz. nat bre fol. 101. and the Register original fol. 125. See the new book of Entries vâ—rbo rescous This rescous in some cases is treason and in some felony Crompton Justice fol. 54. b. Reseiser reseisire is a taking again of lands into the Kings hands whereof a general livery or â—â—ster le main was formerly missused by any person or persons and not according to form and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir is residere and signifieth a mans aboad or continuance in a place Old nat br fol. 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custom of speech tyeth that only to persons ecclesiastical Reservation signifieth that rent or service which the granter in any grant tyeth the grantee to perform unto him or them or the Lord Paramont Perkins reservations per cotum Residence residentia cometh of the Latin residere and is peculiarly used both in the Canon and common Law for the continuance or aboad of a Parson or Vicar upon his benefice The default whereof except the party be qualified and dispensed with is the losse of ten pounds for every month anno 28 Henr. 8. cap. 13. Resignation resignittiò is used particularly for the giving up of a Benefice into the hands of the Ordinary otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by use more restreined to the yeelding up of a spiritual living into the hands of the Ordinary and Surrender to the giving up of temporal Lands into the hands of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he
they be pursued within the time by them prescribed namely the Statute anno 1 Ed. 6. cap. 1. giveth action for three years after the offences therein shall be committed and no longer and the Statute anno 7 H. 8. cap. 3. doth the like for four years and that anno 31 Eliz. cap. 5. for one year and no more But as by the Civil Law no actions were at the last so perpetual but that by time they might be prescribed against as actiones in rem decem aut viginti terminantur annis personales veró triginta sect 1. de perpet temp actioin Institutio l. 3. Co. de praescript 30. annorum so in our Common law though actions may be called perpetual in comparison of those that be expresly limited by Statute yet is there a means to prescribe against real actions within five years by a fine levied or a recovery acknowledged as you may see farther in the word Fine and Recovery And for this also look Limitation of Assise Action is farther divided in actionem bonae fidei stricti juris Which division hath good use in our common Law likewise though the terms I find not in any of their Writers But of this and such like divisions because they have as yet no apparent acceptance amongst our Lawyers but only a hidden use I refer the Reader to the Civilians and namely to Wesenb in his Paratitles ◠Deobligatio actio AD Addition additio is both the English and French word made of the Latine and signifieth in our common Law a title given to a man over and above his Christian and Surname shewing his Estate Degree Occupation Trade Age Place of Dwelling c. For the use whereof in original writs of Actions personal appeals and indictments It is provided by Statute an 1 H. 5. cap. 5. upon the penalty therein expressed Terms of the Law Brook farther addeth that it is likewise requisite in Towns and Gates of the Towns Parishes in great Towns and Cities where there may be any doubt by reason of more Towns Gates or Parishes of the same name titulo Addition See also M. Cromptons Justice of peace fol. 95 96. Adeling was a word of Honor among the Angles properly appertaining to the Kings Children whereupon King Edward being himself without issue and intending to make Eadgare to whom he was great Uncle by the Mothers side his Heir to this Kingdom called him Adeling Roger Hoveden parte poster suorum Annal. fol. 347. a. Adjournment adjournamentum is almost all one with the French adjouarement i. denunciatio vel diei dictio and signifieth in our Common-law an assignment of a day or a putting off untill another day Adjournment in eyre anno 25 Ed. 3. Statute of Pourveyers cap. 18. is an appointment of a day when the Justices in eyre mean to sit again Adjourn anno 2 Edw. 3. cap. 11. hath the like signification And this whole Title in Brook his Abridgement proveth the same The bastard Latine word adjournamentum is used also among the Burgundians as M. Skene noteth in his Book De verbo signi verbo Ad urnatus out of Cassaneus de consuet Burg. Ad inquirendum is a Writ judicial commanding inquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy of Bond-men and such like whereof see great diversity in the Table of the Register judicial verbo ad inquirendum Admeasurement admensuratio is a Writ which lyeth for the bringing of those to a mediocrity that usurp more than their part And it lyeth in two cases one is termed Admeasurement of Dower admensuratio dotis where the widow of the deceased holdeth from the Heir or his Guardian more in the name of her Dower than of right belonging unto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is Admeasurement of Pasture admensuratio pasturae which lyeth between those that have common of Pasture appendant to their free-hold or common by vicenage in case any one of them or more do surcharge the Common with more Cattel than they ought Register orig fol. 156. b. Fitzh nat br fol. 125. Administer administrator in our Common-law is properly taken for him that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereunto I find not this word so used in all the Civil or Canon-law but more generally for those that have the Government of any thing as the Degrees Can. 23. quaest 5. cap. 26. Administratores plane saecularium dignitatum c. and extrava com ca. 11. Grangias autem alia loca Cisterciensium ordinis aliorum Regalium in quibus Gubernatores seu custodes vel administratores ponuntur c. Howsoever the signification of this word grew to be restrained amongst us it greatly booteth not But there was a Statute made anno 31 Ed. 3. cap. 11. whereby Power was given to the Ordinary to appoint these Administrators and to authorize them as fully as Executors to gather up and to dispose the Goods of the deceased alway provided that they should be accountable for the same as Executors And before that viz. Westm 2. anno 13 Ed. 1. cap. 19. it was ordained that the Goods of those that died intestate should be committed to the Ordinary his disposition and that the Ordinary should be bound to answer his debts so far forth as the Goods would extend as Executors And I perswade my self that the committing of this burden unto Bishops and those that derive Ecclesiastical Authority from them grew first from the constitution of Leo the Emperor Co. de Episco et cleri l. nulli li licere 28. Where it is said that if a man dying bequeath any thing to the redeeming of Captives c. and appoint one to execute his Will in that point the Party so appointed shall see it performed and if he appoint none to do it then the Bishop of the City shall have power to demand the legacie and without all delay perform the Will of the deceased Admirall Admiralius commeth of the French amerel and signifieth both in France and with us an high Officer or Magistrate that hath the Government of the Kings Navy and the hearing determining of all Causes as well Civil as Criminal belonging to the Sea Cromptons divers jurisd fo 88. and the Statutes anno 13 R. 2. ca. 5. anno 15. ejusdem ca. 3. anno 2 H. 4. ca. 11. anno 2 H. 4. ca. 6. anno 28. H. 8. ca. 15. with such like This Officer is in all Kingdoms of Europe that border upon the Sea and this Authority in the Kingdom of Naples is called magna Curia Admiratiae quae habet jurisdictionem in eos qui vivunt ex arte maris Vincent de Franch deseis 142. nu 1. This Magistrate among the Romans was called praefectus
agreeth the Statute anno 34 35 H. â— cap. 14. in ipso principio and anno 1 Ed. 6. cap. 12. in these words that then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And again in these words every Woman that is or shall fortune to be Wife of the person so attainted convicted or out-lawed c. To this you may likewise adde the Statute an 2 3 Ed. 6. c. 33. And Ifind by Stawnf pl. cor f. 66. that a Man by our antient Laws was said to be convicted presently upon the verdict guilty but not to be attainted until it appeared he was no clerk or being a Clerk demanded of his Ordinary could not purge himself So that a man was not attainted upon Conviction except he were no Clerk and in one word it appeareth that Attainder is larger than Conviction Conviction being only by the Jury And attainder is not before Judgement Perkins Graunts num 27 29. Yet it appeareth by Stawnf fo 9. that Conviction is called attainder sometime For there he saith that the verdict of the Jury doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3 Edw. 1. This antient Law touching the Conviction and Purgation of Clerks is altered by an 23 Eliz. cap. 2. as you may further read in Clergie Attainder Attinctus though it be most used in matters of Felony or Treason yet it is likewise applied to inferiour transgressions as to Disseisin Westm 1. cap. 36. an 3 Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens commeth of the French attendere i. demorari operiri expectare praestolari it signifieth in our Common law one that oweth a Dutie or Service to another or after a sort dependeth of another For example there is a Lord Mesn and Tenent the Tenent holdeth of the Mesn by a pennie the Mesn holdeth over by two pence The mean releaseth to the Tenent all the right he hath in the Land and the Tenent diâ—â—h His wife shall be endowed of the Land and she shall be attendent to the Heir of the third part of the peny and not of the 3d. part of the two pence For she shall be endowed of the best possession of her husband Another hath Kithin f. 209. in these word where the wife is endowed by the gardian she shall be attendant to the gardian and to the heir at his full age with whom agreeth Perkins also in Dower 424. Atturney atturnatus cometh of the french tourner i. vertere as tourner son esprit a faire quelque chose i. animum adrem aliquam inclinare Thence cometh the participle tourne i. versus conversus and the Substantive tour i. vices vicissitudo as chacun a sontour i. quilibet sua vice It signifieth in our Common law one appointed by another man to do any thing in his stead as much as procurator or syndicus in the Civil law West parte 1. Symbolaogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandment or request to take heed see to and take upon them the charge of other mens businesse in their absence by whom they are commanded or requested And where it seemeth that in ancient time those of authority in Courts had it in their arbitrement whether they would suffer men to appear or sue by any other than themselves as is evident by Fitzh nat br fol. 25. in the writ Dedimus potestatem de atturnato faciendo where it is shewed that men were driven to procure the Kings writs or letters patents to appoint Atturneys for them it is sithence provided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6 Edw. 1. c. 8. anno 27 ejusdem stat 2. anno 12 Edw. 2.1 anno 15 ejusdem cap. unico anno 7 Ric. 2. cap. 14. anno 7 H. 4. cap. 13. anno 3 H. 5. cap. 2. anno 15 Hen. 6. cap. 7. anno 17 H. 7. cap. 2. is to be proved And you may set great diversity of writs in the table of the Regi origen wherein the King by his writ commandeth the Judges to admit of Atturneys Whereby there grew at the last so many unskilfnl Atturneys and so many mischiefes by them that provision for restraining them was requisite Wherefore anno 4 H. cap. 18. it was ordained that the Justrces should examine them and displace the unskilful And again anno 33 H. 6. cap. 7. that there should be but acertain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see Fitzh ubi supra Atturney is either general or special Atturney general is he that by generall authority is appointed to all our affaires or sutes as the Atturney general of the King pl. cor fol. 152. which is as much as Procurator Caesaris was in the Romane Empire Atturney general of the Duke Cromptons jurisd fol. 105. Atturney special or particular is he that is employed in one or more causes particularly specified Atturneys-general be made after two sorts either by the Kings letters patents before him or the Lord Chancellour or by our appointment before Justices in Eyr in open court Glanvile l. 11. c. pri Britton c. 126. whom of this thing you may read more at large There be also in respect of the divers Courts Atturneys at large and Atturnies special longing to this or that Court only The name is borrowed of the Norman as appeareth by the Custumary c. 65. And I find the word Attornaty or as some read Turnati in the same signification in the title de statu regularium ca. unico Sect. Porro in sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta eonstituti Our old Latine word for this seems to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the Defendant as prolocutor is for the Perssewer M. Skene de verb. significatione Responsalis as Sigonius witnesseth in his first book De regno It aliae was in an ancient time the title of the Popes Ambassador Page 11. Atturney of the Court of Wards and Liveries Atturnatus regis in curia Wardorum Liberatur arum is the third office in that Court who must be a person learned in the lawes of the Land being named and assigned by the King At his admission into the office he taketh an oath before the Master of the said Court well and truly to serve the King as his Attorney in all Courts for and concerning any matter or cause that toucheth the possessions and hereditaments limited to the Survey and government of this Court and to procure the Kings profit thereof truly to counsel the King and the Master of the Court in all things concerning the
false and hath this end to draw the triall of the cause from the Jury to the Judges Of this see twò apt examples in the Authour of the new Terms verbo Colour who also referreth you to the Doctor and Student fol. 158. c. See Brook tit Colour in Assise trespas c. fol. 104. Collusion collusio is in our Common law a deceitfull agreement or compact between two or more for the one party to bring an action against the other to some evill purpose as to defraud a third of his right c. See the new Terms and Brook tit Collusion See also one Case of Collusion in the Register orig fol. 179 a. Combat duellum is a French word signifying as much as certamen decertatio dimicatio discrimen praelium pugna but in our Common law it is taken for a formall tryall of a doubtfull cause or quarrell by the Sword or Bastons of two Champions Of this you may read at large both in divers Civilians as Paris de Puteo de re militari duello Alciat de Duello Hottoman disputatio feudalium cap. 42. and others As also in our Common Lawiers of England namely Glandvile l. 14. cap. 1. Bracton l. 3. tract 2. cap. 3. Britton cap. 22. Horns Myrrhor of Justices l. 3. cap. des exceptions in fine proxime and c. Juramentum duelli Dyer fo 301. nu 41. 42. That this also was antiently the Law of the Lombards before they invaded Italy which was about the year of our Lord 571 appeareth by Sigonius in his History de regno Italiae l. 2. de Aricaldo rege who there reporteth that the said king having put away his wife Gundeberga upon a surmise of Adulterie with Tato Duke of Etruria at the private suggestion of Adalulphus a great man among the Lombards being charged by Clotharius the King of France his Ambassadour of whose blood shee waâ—that he had done her wrong he answered that he had done her no wrong Wherupon Ansoaldus one of the Ambassadour replyed That they would easily beleeve him if he would suffer the truth to be tryed by combat between some one of the Quenes friends and her accuser according to the custome of the Lombards And the king yielding unto this Adulphus was vanquished by one Pitto otherwise called Charles set forth for the Queenes Champion and shee restored to her former place and honour Comin seed alià s Cumin seed Semen cumini is a seed brought forth by an Herb so called which you may see described in Gerards Herball lib. 2. cap. 416. this is placed among the garbleable drugs anno 1. Jacob. cap. 19. Commitatu commisso is a writ or a Commission whereby the Sheriff is authorized to take upon him the sway of the Countie Reg. orig fol. 295. a. b. and Cokes Reports l. 3. fol. 72. a. Comitatu castro commisso is a writ whereby the charge of a County together with the keeping of a Castle is committed to the Sheriff Reg. orig fol. 295. a. Commandrie praeceptoria was by some mens opinion a Manor or chief messuage with which lands or tenements were occupied belonging to the Priorie of S. Johns in Hierusalem in England and he which had the Government of any such Manor or house was called the Commander who had nothing to dispose of it but to the use of the Priory taking only his sustenance thence according to his degree and was usually a brother of the same Priorie Author of the new Terms of law verbo Commandrie By some other Books it appeareth that the chief Prior of S. Johns was a commander of a Nunnerie and constituted the Prioress of the said Nunnery who was under his obedience and removeable at his will notwithstanding that she had covent comon seal and had her possessions severall and was wont to lease the land for Term of years Fulbecks Paralels fol. 2. a. Of these commandries also Petrus Gregorius lib. de beneficiis cap. 11. num 11. hath these words Praeceptoriae dictae commendae satrorum militum veluti ordinis hospitalis Sancti Johannis Hierosolymitani beneficia quidem secundum quid ecclesiastica dicuntur à Barbatia ad Clement causam col 51. de Electione Tamen non prop iè dicuntur ex genere communium beneficiorum eo quòd personae conferentes quibus conferuntur non sunt laicae vel ecclesiasticae sed tertii ordinis De his beneficiâ—s fit mentio cap. exhibita de privilegiis in extravag com in cap. Dudum de decimis These in many places of our Realm are tearmed by the name of Temples because they sometime belonged to the Templers Of these you read anno 26 H. 8. cap. 2. anno 32 ejusd cap. 24 And of these the said Gregorius Tolosanus l. 15 sui syntagmatis cap. 34. hath these words Monuimus superiori capite crescente numero peregrinorum juxta templum Hierosolymitanum Xendochium edificatum tit Divi Johannis quo exciperentur peregrini quos coenobia caepere non possent Hujus ergo ministerio quoque viri pâ—i nobiles se devoverunt qui peregrinos tutarentur â latronum seu Agarenorum incursu defen dere nt Horum professio est votum solenne paupertatis abdicationis propriorum castuatis et obedientiae Proinde propter primum votum nihil proprii habent vel habere debent sed accipiunt annonam quà m diu vivunt vel praeceptorias quas vocant Commandries administrant quà m diu eas possident et optione mutant vel en magistri licentia permutant reddituri morientes quae apud eos reperientur societati Of these Corasius in his para phrase ad sacerd nat part 1. ca. 3. saith thus Praeceptoriae Rhodienses cum non nisi fratribus Hierosolymitanis atque ita personis ecclesiasticis confer antur beneficiis ecclesiasticis annumer ari merit ò debent Commandement praeceptum is used diversly in the Common law sometime for the commandement of the King when upon his meer motion and from his own mouth he casteth any man into prison Stawnf pl. Coron fol. 72. or of the Justices And this commandement of the Justices is either absolute or ordinary Absolute as when upon their own authority in their wisdome and descretion they commit a man to prison for a punishment ordinary is when they commit one rather for safe custody than punishment And â— man committed upon an ordinary commandement is replevisable Pl. cor fol. 73. Commandement is again used for the offence of him that willeth another man to transgresse the law or to do any such thing as is contrary to the law as Murther Theft or such like Bract. l. 3. tract 2. ca. 19. And this the Civilians call mandatum Angelus de maleficiis Commen communiae commeth from the French cummun i. quod ad omnes pertinet and signifieth in our Common law that soyl or water whereof the use is common to this or that town or Lordship as Commen of pasture communia pasturae Bract. lib. 4. ca. 19.
anno 35. H. 8. cap. 26. and the County of Litchfield Cromptons Justice of peace fo 59. a. County is in another signification used for the Countie court which the Sheriff keepeth every month within his charge either by himself or his Deputy anno 2. Ed. 6. ca. 25. Crompt Juris f. 221. Bract. li. 3. c. 7. l. 3. tract 2. cap. 12. Of these Counties or Shires one with another there are reckoned in England 37. beside twelve in Wales The word comitatus is also used for a jurisdiction or territory among the Feudists County court curia comitatus by M. Lamberd is otherwise called conventus in his explication of Saxon words divided into two sorts one retaining the geneeal name as the County-court held every moneth by the Shiereve or his Deputy the under Sheriff wherof you may read in Crompt jurisd f. 231. the other called the Turn held twice every year which see more at large in his place and Cromptons Jurisd fol. 231. This County court had in antient times the cognition of these and other great matters as may appear by Glanvile lib. 1. cap. 2.3.4 by Bracton and Britton in divers places and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico It had also and hath the determination of certain trespasses and debts under forty shillings Britton cap. 27 28. what manner of proceeding was of old used in this Court see Fleta ubi supra Coursitour See Cursetour Court curia cometh of the French court which signifieth the Kings Palace or Mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus divided the whole number of the Romans sometime also the Senat-house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curta agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput urbis c. Court with us signifieth diversly as the House where presently the King remaineth with his ordinary retinue and also the place where Justice is judicially ministred of which you find 32 several sâ—rts in M. Cromptons book of Jurisdictions well described And of them most be courts of record some be not and therefore are accounted base Courts in comparison of the rest Beside these also there are Courts Christian Smith de Repnb Anglor lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledg in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope of Rome because he chalenged the superiority in all causes spiritual but sithence his ejection they hold them by the Kings authority virtute magistratus sui as the Admiral of England doth his Court Whereupon it proceedeth that they send out their precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the appeal from these Courts did lye to Rome now by the statute anno 25 H. 8. cap. 19. it lieth to the King in his Chancerie Court baron curia baronis is a Court that every Lord of a manor which in ancient times were called Barons hath within his own precincts Barons in other Nations have great Territories and jurisdiction from their Soveraignes as may be proved out of Cassanaeus de gloria mundi part 5. consideratio 56. by Vincentius de Franchis descis 211. and many others Bu here in England what they be and have been heretofore see in Baron Of this Court Baron you may read your fill in Kitchin that writeth a large Book of it and of a Court Leet Sir Edward Coke in his fourth Book of Reports amongst his Copy-hold cases fol. 26. b. saith that this Court is two after a sort and therefore if a man having a mannor in a Town and do graunt the inheritance of the Copy-holders thereunto belonging unto another this grantee may keep a Court for the customarie Tenants and accept surrenders to the use of others and make both admittances and graunts the other Court is of Free-holders which is properly called the Court Baron wherein the suters that is the Free-holders be Judges whereas of the other the Lord or his Steward is Judge Court of Pypowders See Pie-powders Court of Requests curia requestarum is a Court of equity of the same nature with the Chancerie principally instituted for the help of such petitioners as in conscionable cases deal by supplication with his Majestie This Court as M. Gwin saith in the Preface to his Readings had beginning from Commission first granted by Henry the eighth to the Masters of Requests whereas before that time by his opinion they had no warrant of ordinary jurisdiction but travelled between the King and the Petitioner by direction from the Kings mouth But Sir Julius Caesar in a Tractate of his painfully and very judiciously gathered from the Records of the same Court plainly sheweth that this Court was 9 Henrici septimi though then following the King and not setled in any certain place neither swayed particularly by the Masters of Requests as now it is but more at large by others of the Kings most Honourable Councel whom he pleased to employ in this service For page 148. of the said Tractate you have the form of the oath then ministred to those that were Judges in this Court and à pag. pri usque ad pag. 46. causes of divers natures which in the said Kings dayes were there handled and adjudged This Court as that right honourable and Learned Knight in a Brief of his upon the same Court plainly proveth was and is parcel of the Kings most honoutable Councel and so alwayes called and esteemed The Judges thereof were alwayes of the Kings most Honourable Councel appointed by the King to keep his Councel board The keeping of this Court was never tyed to any place certain but onely where the Counsel sate the suters were to attend But now of late for the ease of suters it hath been kept in the White-Hall at Westminster and onely in Term time It is a Court of Record wherein Recognizances are also taken by the Kings Councel The form of proceeding in this Court was altogether according to the processe of summarie causes in the Civil Law The persons Plaintiffs and Defendants were alwayes either privileged as officers of the Court or their servants or as the Kings servants or as necessary Attendants of them or else where the Plaintiffs poverty or mean estate was not matchable with the wealth or greatnesse of the Defendant or where the cause meerly contained matter of Equity and had no proper remedie at the Common law or where it was specially recommended from the King to the Examination of his Councel or concerned Universities Colleges Hospitals
viderum partes infidelium minusque legem Mahometi noverunt sed sunt ferè omnes Itali male habituati ex rebus furtivis vivunt ac fraudulent is earum permutationibus ludis in quibus ut plurimum fraudes committunt sunt baptizati EI Ejectione custodiae Ejectment de gard is a Writ which lyeth properly against him that casteth our the Gardian from any land during the minority of the Heir Regist orig fol. 162. Fizth nat br fol. 139. Terms of the Law verbo Gard. There be two other writs not unlike this the one is termed Droit de gard or right of guard the other Ravishment de guard Which see in their places Ejectione firmae is a Writ which lyeth for the Lessee for term of years that is cast out before the expiration of his term either by the leassour or a stranger Regist. fol. 227. Fitzh nat br fol. 220. See Quare ejecit infra terminum See the new book of Entries verbo Ejectione firmo Einecia is borrowed of the French Aisne i. primogenitus and signifieth in our Common law Eldership Statute of Ireland anno 14 Hen. 3. Of this see M. Skene de verb. signif verbo Eneya Eire alias Eyre Iter. Bract. lib. 3. c. 11. in Rubrica cometh of the old French word Erre i. iter as à grand erre i. magnis â—ineribus It signifieth in Britton cap. 2. the Court of Justices Itinerants and Justices in Eyre are those onely which Bracton in many places calleth Justiciarios itinerantes of the Eyre read Britton ubi supra who expresseth the whole course of it And Bracton lib. 3. tractat 2. cap. 1. 2. The Eyre also of the Forrest is nothing but the Justice Seat otherwise called which is or should by ancient custome he held every three year by the Justices of the Forrest journying up and down to that purpose Cromptons Jurisd fol. 156. Manwood parte prima of of his Forrest laws pag. 121. See Justice in Eyr Read Skeâ—e de verborum significa verbo Iter whereby as by many other places you may see great affinity between these two Kingdomes in the administration of Justice and Government EL Election de Clerk Electione clerici is a Writ that lyeth for the choice of a Clerk assigned to take and make bonds called statute Merchant and is granted out of the Chancery upon suggestion made that the Clerk formerly assigned is gone to dwell in another place or hath hinderance to let him from following that businesse or hath not land sufficient to answer his transgression if he should deal amisse c. Fitzh na br fol. 164. Elegit is a Writ judicial and lyeth for him that hath recovered debt or dammages in the Kings Court against one not able in his goods to satisfie and directed to the Sheriff commanding him that he make delivery of half the parties lands or tenements and all his goods Oxen and Beasts for the Plough excepted Old nat br fol. 152. Regist orig fol. 299. 301. and the table of the Register Judicial which expresseth divers uses of this Writ The author of the new Terms of Law saith that this Writ should be sued within the year whom read at large for the use of the same Elk a kinde of Ewe to make Bowes of anno 33 H. 8. cap. 9. EM Empanel Impanellare Ponere in assisis Juratis cometh of the French Panne i. Pellis or of Panneau which signifieth sometime as much as a Pane with us as a Pane of glasse or of a window It signifieth the writing and entring the names of a Jury into a parchment Shedule or Roll or Paper by the Sheriff which he hath summoned to appear for the performance of such publike service as Juries are imployed in See Panel Emparlance cometh of the French Parler and signifieth in our Common law a desire or petition in Court of a day to pause what is best to do The Civilians call it petitionem induciarum Kitchin fol. 200. interpreteth it in these words If he imparl or pray continuance For praying continuance is spoken interpretative in that place as I take it The same Author maketh mention of Emparlance general fol. 201. and Emparlance special fol. 200. Emparlance general seemeth to be that which is made onely in one word and in general terms Emparlance special where the party requireth a day to deliberate adding also these words Salvis omnibus advantagiis tam ad jurisdictionem Curia quà m ad breve narrationem or such like Britton useth it for the conference of a Jury upon the cause committed unto them cap. 53. See Imparlance Emprovement See Improvement EN Encheson An. 50. Ed. 3. cap. 3. is a French word signifying as much as occasion cause or reason wherefore any thing is done See Skene de verbo significat verbo Encheson Encroachment or Accrochment cometh of the French Accrocher i. apprehendere inuncare harpagare and that cometh of Crochure i. aduncitas or crochu i. aduncus Encrochment in our Common law signifieth an unlawful gathering in upon another man For example if two mens grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings rent service to the Lord and the Lord taketh three So Hugh and Hugh Spencer encroched unto them royal power and authority anno prim Ed. 3. in prooem Enditement Indictamentum cometh of the French Enditer i. deferre nomen alicujus indicare or from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because M. Lamberd will have it so Eirenar l.b. 4. cap. 5. pag. 468. It signifieth in our Common law as much as Accusatio in the Civil Law though it have not in all points the like effect West part 2. symb titulo Inditements defineth it thus An Inditement is a Bill or Declaration made in form of Law for the benefit of the Common-wealth of an accusation for some offence either criminal or penal exhibited unto Jurours and by their Verdict found and presented to be true before an Officer having power to punish the same offence It is an accusation because the Jury that inquireth of the offence doth not receive it until the party that offereth the Bill appear so farre in it as to subscribe his name and offereth his oath for the truth thereof It differeth from an Accusation in this that the preferrer of the Bill is no way tyed to the proof thereof upon any penalty if it be not pround except there appear conspiracy Wherefore though moved by M. Wests authority I call it an Accusation yet I take it to be rather Denunciatio because it is office done by the great Enquest rather that of a free intent to accuse Of this you may read S. Tho. Smith de Repup Anglor lib. 2. cap. 19. and Stawnf pl. cor lib. 2. cap. 23 24 25 26 c. Usque 34. and M. Lamberds Eirenarcha lib. 4. cap. 5. whence you may receive good satisfaction in this matter Endowment dotatio cometh of the French Doüaire and lignifieth
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self but as dom or hood and such like be in these English words Christendom and Manhood or such others Others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his Description of England cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own costs and to answer the cause there c. Fitzh nat br fol. 250. h. And the order is in this case first to procure a Certiorari out of the Chancery directed to the said Justices for the removing of the Inditement into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. jud fol. 81. where you shall find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of the habendum is to limit the estate so that the general implication of the estate which by construction of law passeth in the Premisses is by the habendum controlled and qualified As in a Lease to two persons the habendum to one for life the remainder to the other for life altereth the general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth where a man hath recovered lands in the Kings Court directed to the Sheriff and commanding him to give him seisin of the land recovered Old nat br fol. 154. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo Fines Sect. 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of lands to the Lord of the Fee after the King hath taken his due of his lands that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
sub lege signifieth him that is in some franck pledge of whom take Bractons words li. 3. tract 2. ca. H. nu 5. Minor vero qui infra aetatem duodecim annorum fuerit utlagari non potest nec extra legem pont quiae ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae utlagari non potest quiae ipsa non est sub lege i. Inlowghe anglice sc in franco plegio sive decenna sicut masculus duodecim annorum ulterius c. Inlaughe significat hominem subjectum lege Fleta lib. 1. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the Kings protection and to the benefit or estate of a subject Bracton lib. 3. tract 2. cap. 14. nu 6 7 8. Britton cap. 13. Inmates are those that be admitted to dwell for their money jointly with an other 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 inquiral in a Leet Kitchin fol. 45. where you may read him at large who be properly Inmates in intendment of law and who not Imprison anno 18. Ed. 3. statu 4. cap. unico seemeth to signifie so much as an attempt comming of the French Empris which is all one with Enterpris an enterprite Inquirendo is an authority given to a person or persons to inquire into something for the Kings advantage which in what cases it lyeth see the Register original fol. 72.85.124.265.266.179.267 Inquisition Inquisitio is a maner of proceeding in matters criminal by the office of the Judge which Hostiensis defineth thus Inquisitio nihil aliud est quam alicujus criminis manifesti ex bono aequo Judicis competentis canonice facta investigatio ca. qualiter de accusatio in the Decretales this course we take here in England by the great inquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with us used for the King in temporal causes and profits in which kind it is confounded with Office Stawnford praerogativ fol. 51. See office Inrolement Irrotulatio is the Registring recording or entring of any lawful act in the Rolles of the Chancerie as recognisance acknowledged or a Statute or a Fine levied See West parte 2. symbol titulo Fines Sect. 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kind of Thieves in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that liberty did receive in such booties of cattel or other things as the out parters brought in unto them See Out parters Interdiction Interdictio is used in the Common law in the same signification that it hath in the Canon law where it is thus defined Interdictio est censura ecclesiastica prohibens administrationem divinorum c. quod in te de poenitent remiss in the Decretals and thus is it used an 24. H. 8. ca. 12. Interpleder See Enterpleder Intrusion intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est ubi quis cui nullum jus competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem jacentem antequam adita fuerit ab haerede vel saltem à domino capitali ratione custodiae vel ratione eschaetae si forte haeredes non existant vel si post mortem alicujus per finem factum â—â—l per modum donationis ubi successio sibi locum vendicare nonpossit vel si post mortem alicujus qui tenuit ad vitam debeat tenemen um reverti ad proprietarium ponat quis se in seisinam antequam tenementum illud veniat ab illis ad quem pertinere deberet ex praedictis causis with whom agreeth Fleta lib. 4. cap. 30. sect 1. 2. See Britton cap. 65. to the same effect See the new book of Entries verb. Entrusion See Entrusion See Disseisin the Author of new Terms of law would have intrusion especially after the tenant for life is deceased Verbo Abatement and abatement in all other cases But I find not any Latine word for Abatement but intrusio so that 1 rather think these two English words to be Synonyma and Fleta cap. supra citato seemeth direct against this his opinion Intrusione is a Writ that lyeth against the Intruder Regist fol. 233. Inventarie inventarium is a description or repertory orderly made of all dead mens goods and Cattels prized by four credible men or more which every Executor or Administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Symb. lib. 2. sect 696. where likewise you may see the form This Inventary proceedeth from the Civil Law for whereas by the antient Law of the Romans the Heir was tyed to answer all the Testators debts by which means heritages were prejudicial to many men and not profitable Justinian to encourage men the better to take upon them this charitable office ordained that if the Heir would first make and exhibite a true Inventary of all the Testators substance comming to his hand he should be no further charged than to the value of the Inventary l. ult Cod. de Jure deliberando Invest investire commeth of the French word Invester and signifieth to give possession Hear Hotoman de verbis feudalibus verbo Investitura Investitura barbarum nomen barbaricam quoque rationem habet Nam ut ait Feudista lib. 2. tit 2. Investitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with us we use likewise to admit the Tenant by delivering them a verge or rodd into their hands and ministring them an oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure JO Joynder is the coupling of two in a sute or action against another Fitzh nat br fol. 118. H. 201. H. 221. H. in many other places as appeareth in the Index verbo Joynder Joynt tenants fimul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hold Lands or Tenements by one title pro indiviso or without partition Littleton lib. 3. cap. 3. and Terms of Law See Tenants in common Joyning of issue Junctio exitus See Issue Joynture Junctura is a covenant whereby the husband or some other friend in his behalf assureâ—h unto his wife in respect of mariage lands or tenements for term of her life or otherwise See West part 2. Symbol lib. 2. titulo Covenants sect 128. and the new exposition of the law Terms It seemeth to be caled a Joynture either because it is granted ratione juncturae in matrimonio or because the land in Frank mariage is given
quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis terminandum durante bene-placito nostro Teste c. And Bracton in the place now recited speaking of the Common Plees saith that Sine Warranto jurisdictionem non habet which I think is to be understood of a Commission under the great Seal This Court was first called the Kings Bench because the King sat as Judge in it in his proper Person and it was moveable with the Court. See anno 9 H. 3. cap. 11. More of the jurisdiction of this Court see in Crompton ubi supra See Kings Bench. The oath of the Justices see in the Statute anno 18 Edw. 3. stat 4. See Oatb Justice of common plees Justiciarius communium placitorum is also a Lord by his Office and is called Dominus Justiciarius communium placitorum and he with his assistants originally did hear and determine all causes at the Common law that is all civil causes between common persons as well personal as real for which cause it was called the Court of Common Plees in opposition to the Plees of the Crown or the Kings Plees which are special and appertaining to him only Of this and the Jurisdiction hereof see Cromptons jurisdiction fol. 91. This Court was alwayes setled in a place as appeareth by the Statute anno 9 H. 3. cap. 11. The oath of this Justice and his Associates see anno 18 Edw. 3. Stat. 4. See Oath Justice of the Forest Justiciarius Forestae is also a Lord by his Office and hath the hearing and determining of all offences within the Kings Forest committed against Venison or Vert of these there be two whereof the one hath jurisdiction over all the Forests on this side Trent the other of all beyond The chiefest point of their Jurisdiction consisteth upon the articles of the Kings Charter called Charta de Foresta made anno 9 H. 3. which was by the Barons hardly drawn from him to the mitigation of over cruel ordinances made by his predecessors Read M. Camdens Brit. pag. 214. See Protoforestarius The Court where this Justice sitteth and determineth is called the Justice seat of the Forest held every three years once whereof you may read your fill in M. Manwoods first part of Forest lawes pag. 121. 154. pag. 76. He is sometimes called Justice in Eyre of the Forest See the reason in Justice in Eyre This is the only Justice that may appoint a Deputy per statutum anno 32 H. 8. cap. 35. Justices of Assise Justiciarii ad capiendas Assisas are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises the ground of which polity was the ease of the Subjects For whereas these actions passe alway by Jury so many men might not without great hinderance be brought to London and therefore Justices for this purpose were by Commission particularly authorised and sent down to them And it may seem that the Justices of the Common Plees had no power to deal in this kind of businesse until the statute made anno 8 Richard 2. cap. 2. for by that they are enabled to take Assises and to deliver Gaols And the Justices of the kings Bench have by that Statute such power affirmed unto them as they had one hundred years before that Time hath taught by experience that the better sort of Lawyers being fittest both to judge and to plead may hardly be spared in term time to ride into the Countrey about such businesse and therefore of later years it is come to passe that these commissions ad capiendas Assisas are driven to these two times in the year out of term when the Justices and other may be at leasure for these Controversies also wherupon it is also fallen out that the matters wont to be heard by more general Commission of Justices in Eyr are heard all at one time with these Assises which was not so of old as appeareth by Bracton l. 3. c. 7. 2. nu Habet etiam Justiciarios itinerantes de Comitatu in Comitatum quandoque adomnia placita quandoque ad quaedam specialia sicut Assisas c. et ad Gaolas deliberandas quandoque ad unicam vel duas non plures And by this means the Justices of both Benches being justly to be accounted the fittest of all others others their Assistants as also the Sergeant at law may be imployed in these affaires who as gravest in years so are they ripest in judgement and therefore likest to be void of partiality for being called to this dignity they give over practice anno 8 R. 2. cap. 3. but this alway to be remembred that neither Justice of either Bench nor any other may be Justice of Assise in his own Countrey anno 8 R. 2. cap. 2. anno 33 H. 8. cap. 24. Lastly note that in these dayes though the self same men disparch businesse of so divers natures and all at one time which were wont to be performed by divers and at severall times yet they doe it by several commissions Cromptons jurisdictions fol. 210. For those who be in one word called Justices of Circuit and twice every year passe by two and two through all England have one Commission to take Assises another to deliver Gaols another of Oyer and Terminer That Justices of Assise and Justices in Eyre did antiently differ it appeareth anno 27 Ed. 3. cap. 5. and that Justices of Assise and Justices of Gaol delivery were divers it is evident by anno 4 Ed. 3. cap. 3. The oath taken by Justices of Assise is all one with the oath taken by the Justices of the Kings Bench. Old abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of Oyer and Terminer Justiciarii ad audiâ—ndum Terminandum were Justices deputed upon some especial or extraordinary occasion to hear and deter mine some or more causes Fitzherbert in his natura brevium saith that the Commission a'Oyer and Terminer is directed to certain persons upon any great assembly insurrections hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely weighed is provided by the Statute anno 2 Ed. 3. cap. 2. that no such commission ought to be granted but that they shall be dispatched before the Justices of the one Bench or other or Justices errants except for horrible trespasses and that by the special favour of the King The form of this commission see in Fitzh natur brev fol. 110. Justices in Eyre Justiciarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis itineribus proverbially spoken the use of these in antient time was to send them with Commission into divers Counties to hear such causes especially as were termed the Plees of the Crown and therefore I must imagine they were so sent abroad for the ease of the Subjects who must else have been
Marque See Marque and law of Marque See Reprisals See an 14. Hen. 6. cap. 7. Letters patents of summons for debt anno 9. H. 3. cap. 18. Levy Levare cometh of the French Lever i. allevare attollere It is used in our Common law for to set up any thing as to levie a mill Kitchin fol. 180. or to cast up as to levie a ditch Old nat br fol. 110. or to gather and exact as to levie money See Levarifacias LI Libell Libellus literally signifieth a litle book but by use it is the originall declaration of any action in the civill law an 2 H. 5. cap. 3. anno 2 Ed. 6. ca. 13. It signifieth also a criminous report of any man cast abroad or otherwise unlawfully published in writing but then for difference sake it is called an infamous libel famosus libellus Libello habendo See Copia libelli deliberanda Libera Chasea habenda is a writ Judicial granted to a man for a free chace belonging to his Manor after he hath by a Jury proved it to belong unto him Register Judicial fol. 36. 37. Liberate is a warrant issuing out of the Chancery to the Treasurer Chamberlanes and Barons of the Exchequer or Clerk of the Hamper c. for the payments of any annuall pension or other sums granted under the broad Seal v. Brooke titulo Taile d'Exchequer nu 4. Reg. orig fol. 193. a. b. or somtime to the Sheriff c. nat br fol. 132. for the delivery of any lands or goods taken upon forfeits of Recognisance Fitz. nat br fol. 131 132 v. Coke lib. 4. Fulwoods case fo 64 66. 67. It is also to a Jayler from the Justices for the delivery of a Prisoner that hath put in bail for his appearance Lamb. Eiren. lib. 3. ca. 2. Libertate probanda is a writ that lieth for such as be challenged for Slaves and offer to prove themselves free to the Sheriff that he take security of them for the proving of their freedome before the Justices of Assise and provide that in the mean time they be quiet from their vexations that challenge them for Slaves Fitzh nat brev fol. 77. See Nativo habendo Libertatibus allocandis is a writ that lieth for a Citizen or Burgesse of any City that contrarily to the liberties of the Citie or Town whereof he is is impleaded before the Kings Justices or Justices errants or Justice of the Forest c. that refuseth or deferreth to allow his privilege Origi Regist fol. 262. Fitz. nat br fol. 229. Libertatibus exigendis in itinerè is a writ whereby the King willeth the Justices in Eyre to admit of an Atturney for the defence of another mans liberty c. before them Regist orig fol. 19. b. Libertas lbertas is a privilege held by grant or prescription whereby men enjoy some benefit or favor beyond the ordinarie subject Liberties royal what they be see in Bracton lib. 2. cap. 5. Broke hoc titulo See Franchise Librata terrae containeth four Oxegans and every Oxegange 13. Aâ—â—s Skene de verb. signif verbo Bovata terra See Farding deal of land Licence to goe to election Licentia eligendi Regist fol. 294. See Conge d'eslire Licence to arise licentia surgendi is a liberty given by the Court to a tenent that is essoined de malo lecti in a real action For the law is that in this case he may not arise out of his bed or at least go out of his chamber untill he have been viewed by Knights thereunto appointed and so upon view of his sicknesse have a day assigned him to appear or else lie until he be licensed by the Court to arise And the reason of this is as I take it because it may appear whether he caused himself to be essoined deceitfully yea or not and therefore if the Demandant can prove that he be seen out of his chamber walking up and down his grounds or else going abroad unto any other place before he be viewed or have license of the Court he shall be adjudged to be deceitfully essoined and to have made default Of this see Bracton lib. 5. tract 2. ca. 7 10 and 12. and Fleta li. 6. ca. 10. Horn in the second book of his Mirrour ca. des Essoynes saith that the adverse party may grant licentiam surgendi to his adversary thus essoyned And if he will not the king upon just cause may Licentia surgendi is the writ whereby the Tenent essoined de malo lecti obtaineth liberty to rise See License to arise See the Register fo â— Licentia transfretandi is a writ or warrant directed to the keepers of the port at Dover c. willing them to let some passe quietly over sea that hath formerly obtained the kings license thereunto Register original fol. 193. b. Lieutenent locum tenens is a French word signifying as much as Legatus It is compounded of lieu id est locus and tenir id est tenere It signifieth with us him that occupieth the Kings place or representeth his person as the Lieutenent of the kings of Ireland anno 4. H. 4. cap. 6. So it is used an 2 3 Edward 6. cap. 2. whence that officer seemeth to take his beginning But I read also in Master Manâ— woods first part of Forest laws pag. 113. that the Lord chief Justice in Eyre of the Forest and the chief warden also have their lieutenents in the forest So that though a Lieutenant be most ordâ—nary and most properly used for the deputy of a king yet is it somtime extended to their deputies that be but lieutenants to the King Lieutenent of the ordinance anno 39 Eliza. cap. 7. Liege ligius is a word borrowed from the Feudists and hath two several significations in our common Law sometime being used for Liege Lord an 34 35 H. 8. cap. 1. and an 25 ejusdem cap. 3. and somtime for Liege man an 10 R. 2. ca. 1. and an 11 ejusdem cap. 1. Liege-lord is he that acknowledgeth no superiour Duarenus in commentar de Consuctud n. Feudorum cap. 4. nu 3. Liegeman is he that oweth legeancie to his Liege lord Master Skene de verbo signif verbo Ligeantia saith that it is derived from the Italian word Liga i. a Band league or obligation In whom read more of this matter Ligeancie is such a duty or fealty as no man may owe or bear to more than one Lord. Jdem eodem num 4. I find also this definition of ligeancie in the graund Custumary of Normandie ca. 13. Ligeantia est ex qua domixo tenentur vasalli sui contra omnes homines qui mori possunt vivere proprii corporis praeberi consilsi auxilii juvamentum ci se in omnibus innocuos exhibere nec ei adversantinm partem in aliquo confovere Dominus etiam eosdem tenetur regere protegere defensare eosque secundum ura consuetudines leges patriae pertractare This is otherwise called legietas
those which were formerly in use that King Henry the third was thought but hardly to yield unto it that to have the 15th peny of all the movable goods both of the Spiritualty and Temporalty throughout his Realm Holinshed in Hen. the 3d. And though this Charter consist not of above 37 Charters of Laws yet is it of such extent as all the laws we have is thought in some sort to depend of it Polydor. and Holinshed ubi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbor significat verbo Machanium and signifieth a corporal hurt whereby a man loseth the use of any Member that is or might be any defence unto him in Battel The Canonists call it Membrimutilationem as the eye the hand the foot scalpe of the head his foretooth or as some say of any finger of his hand Glanvile lib. 14. cap. 7. See Bracton at large lib. 3. Tractat. 2. cap. 24. num 3. and Britton cap. 25. and Stawnf pl. cor lib. 1. cap. 41 and the new exposition of Law-terms and the Mirrour of Justices cap. d'Homicid The grand Customary of Normandy cap. 6. calleth it Mahaignium and defineth it to be Enormen laesionem All agree that it is the losse of a Member or the use thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus Est pars corporis habens destinatam operationem in corpore where you may read more of this point But if you will see it largely discussed look Ugolinus de irregularitatibus cap. 4. sect 3 4 5. also read M. Skene ubi supra Mainour aliâs manour aliâs meinoure seemeth to come of the French manier i. manu tractare attrectare or else of Amener i. abducere It signifieth in our Common law the thing that a Thief taketh away or stealeth As to be taken with the Manour Pl. cor fo 179 is to be taken with the thing stollen about him again fo 194. It was presented that a Thief was delivered to the Viscount together with the Mainour And 3ly fo 186 If a man be indicted that he feloniously stole the goods of another where in truth they be his own goods and the goods be brought into the Court as the Mainour and it be demanded of him what he saith to the goods and he disclaim them though he be quitted of the felony he shall lose the goods And again fo 149. If the Defendant were taken with the Manour and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any appeal or inditement I find this word used in the Old nat brev fol. 110. in this sort where a man maketh a thing by Manour or leavying or estopping in such Case he shall have assise where it signifieth handy labour and is but an abbreviation of Mainovery Mainvre see Minoverye Mainprise manucaptio is compounded of two French words Main 1. manus and prius id est captus which is a participle of the verb prendre id est capere excipere captare It signifieth in our common Law the taking or receiving a man into friendly custody that otherwise is or might be committed to the mercy of the prison upon security given for his forth-comming at a day assigned as to let one to mainprise Old nat bre f. 42. is to commit him to them that undertake his appearance the time appointed And they that do thus undertake for any are called Mainpernours because they do receive him into their hands Pl. Co. fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an Offence as by law he may be thus bayled for in many Cases a man is not mainpernable whereof see Brook titulo Mainprise per totum and Fitzh nat brev fol. 249. seq Master Manwood in his first part of his Forest laws pa. 167. maketh a great difference between Bayl and Mainprise For he that is mainprised quoth he is alwaies said to be at large and to go at his own liberty out of ward after the day is set to mainprise untill the day of his appearance by reason of the said several summons or otherwise But otherwise it is where a man is let to bayl to four or two men by the Lord Justice in Eyr of the Forest untill a certain day For there he is alwaies accounted by the Law to be in their ward and custody for the time And they may if they will keep him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the Law to be at large or at his own liberty Thus far Master Manwood The Myrrour of Justices maketh a difference also between pledges and Mainpernours saying that pledges are more general and that Mainpernours are body for body lib. 2. c. de Trespass veniall and lib. 3. cap. des Pledges and Mainpernours When Mainprises may be granted and when not see Cromptons Justice of Peace fol. 136 c. usque 141. and Lambert Eirenarch lib. 3. cap. 2. pag. 336 337 338 339 340. See also Britton fol. 73. a. cap. des Pledges Mainpernours The Author of the Mirrour of Justices saith that Pledges be those that bayl or redeem any thing but the body of a man and that Mainpernours be those that free the body of a man And that Pledges therefore belong properly to real and mixt actions and Mainpernours to personal Maintenance manutentio vel manutenentia is a French word and signifieth an upholding of a cause or person metaphorically drawn from the succouring of a young Child that learneth to go by ones hand In our Common law it is used in the evill part for him that secondeth a Cause depending in sute between others either by lending of mony or making Friends for either party toward his help Anno 32 Hen. 8. cap. 9. And when a mans act in this kind is by Law accounted Maintenance and when not See Brook titulo Maintenance and Kitchm fol. 202 seq and Fitzh natura brev fo 172. and Cromptons Jurisdictions fol. 38. The writ that lieth against a Man for this offence is likewise called Maintenance Terms of the Law verbo Maintenance Special Maintenance Kitchin fol. 204. seemeth to be maintenance most properly so termed Of this see Cromptons Justice of peace fo 155. b. and the New Book of Entries verbo Maintenance Maintenance v. Novos terminos juris Make facere signifieth in the Common law to perform or execute as to make his Law is to perform that law which he hath formerly bound himself unto that is to clear himself of an Action commenced against him by his oath and the Oaths of his Neighbours Old nat brev fol. 161. Kitchin fol. 192. Which Law seemeth to be borrowed of the Feudists who call these men that come to swear for another in this Case Sacramentales Of whom thus saith Hotoman in verbis Feudal
in Chancery to the L. Chancellor or L. Keeper of the Broad Seal in matters of Judgment Of these there be some ordinary and some extraordinary of ordinary there be twelve in number whereof some sit in Court every day throughout each Term and have committed unto them at the Lord Chancellors discretion the interlocutory report and sometimes the final determination of causes there depending Master of the Kings Musters is a Martial Officer in all royal armies most necessary as well for the maintaining of the Forces compleat well armed and trained as also for prevention of such frands as otherwise may exceedingly waste the Princes Treasure and extremely weaken the Forces He hath the oversight of all the Captains and Bands and ought to have at the beginning delivered unto him by the Lord General perfect Lists and Rolls of all the forces both horse and foot Officers c. with the rates of their allowances signed by the Lord General for his direction and discharge in signifying warrants for their full pay This Officer is mentioned in the Statute anno 2 Edw. 6. cap. 2. and Muster master general anno 35 Eliz. cap. 4. who so desireth to read more of him let him have recourse to Master Digs his Stratioticos Master of the Wardrobe magister garderobae is a great and principal Officer in Court having his habitation and dwelling house belonging to that Office called the Wardrobe near Puddle wharfe in London He hath the charge and custody of all former Kings and Queens ancient robes remaining in the Tower of London and all Hangings of Arras Tapestrie or the like for his Majesties houses with the bedding remaining in standing Wardrobes as Hampton Court Richmond c. He hath also the charging and delivering out of all either Velvet or Scarlet allowed for Liveries to any of his Majesties Servants of the Privy Chamber or others Mention is made of this Officer anno 39 Elizab. cap. 7. Matterin deed and matter of record are said to differ Old nat brev fol. 19. where matter in deed seemeth to be nothing elle but a truth to be proved though not by any Record and matter of Record is that which may be proved by some Record For example if a man be sued to an exigent during the time he was in the Kings warrs this is matter in deed and not matter of record And therefore saith the book he that will allege this for himself must come before the Scire facias for execution be awarded against him For after that nothing will serve but matter of Record that is some errour in the processe appearing upon the Record Kitchin fol. 216. maketh also a difference between matter of Record and a specialty and nude matter where he saith that nude matter is not of so high nature as either a matter of Record or a specialty otherwise there called matter in deed which maketh mee to think that nude matter is a naked allegation of a thing done to be proved only by witnesses and not either by Record or other specialtie in writing under Seal Maugre is shuffled up of two French words Mal and Gre i. animo iniquo it signifieth with us as much as in despight or in desof ones teeth as the wife maugre the husband Litleton fol. 124. that is whether the husband will or not ME Meane Medius signifieth the middle between two extreams and that either in time or dignity Example of the first his action was mean betwixt the disseisin made to him his recovery that is in the interim Of the second there is Lord Meane and Tenent See Mesn Mease Mesuagium seemeth to come of the French Maison or rather Meix which word I find in Cassanaeus de consuet Burgund pag. 1195. and interpreted by him Mansus what Mansus is see Mansion it signifieth house Kitch fol. 239. and Fitz. nat br fo 2. C. See Mesuage Medlefe Cromptons Justice of peace fol. 193. is that which Bracton calleth medletum li. 3. tract 2. cap. 35. It seemeth to signifie quarrels scuffling or brawling and to be derived from the French mesler i. miscere turbare Meere Merus though an Adjective yet is it used for a Substantive signifying meere right Old nat br fol. 2. in these words And know yee that this Writ hath but two issues that is to say joyning the mise upon the meere And that is to put himself in the great assise of our Sovereign Lord the King or to joyn battel See Mise Mesurement See Admesurement Medietas linguae signineth an enquest empaneled upon any cause whereof the one half consisteth of Denizens the other of Stranggers It is called in English the half tongue and is used in Plees wherein the one party is a Stranger the other a Denizen See the Stat. an 28. Ed. 3. cap. 13. an 27. ejusdem stat 2. c. 8. commonly called the Statute of the Staple et an 8. H. 6. cap. 29. et anno 2 H. 5. cap. 3. anno 11 H. 7.21 anno 1. 2. Phil. et Mar. cap. 8. And before the first of these Statutes was made this was wont to be obtained of the King by grant made to any company of Strangers as Lombards Almaines c. Stawnford pl. cor lib. 3. cap. 7. Medio acquietando is a writ judicial to destrain a Lord for the acquitting of a mean Lord from a rent which he formerly acknowledgeth in Court not to belong unto him Register judicial fol. 29. b. Melius inquirendo is a writ that lieth for a second inquiry as what lands and tenements a man died seised of where partiall dealing is suspected upon the writ Diem clausit extremum Fitz. nat br fol. 255. Merchenlage was one of the 3. sorts of laws out of which the Conq. framed Laws unto us mingled with those of Normandie Camd. Brit. p. 94. who also p. 103. sheweth that in the yeer of our Lord 1016. this land was divided into three parts whereof the West Saxons had one governing it by the Laws called West Saxon Laws and that conteined these nine Shires Kent Southsex Southrey Barkeshire Hampshire Wiltshire Somerset Dorset and Devonshire The second by the Danes which was governed by the Laws called Denelage and that conteined these fifteen Shires York Darby Nottingham Liecester Lincolne Northampton Bedford Buckingham Hartford Essex Middlesex Northf Southf Cambridge Huntington The Third was ponessed and governed by the Mercians whose Law was called Merchenlage which were these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford See Law Mercy Miserecordia signifieth the arbitrement or descretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grievous mercie of the King anno 11 H. 6. cap. 6. is to be in hazard of a great penalty See Misericordia Measondue domus Dei cometh of the French maison de dieu by which names divers Hospitals are named You find the word anno 2 3. Philip et Mar. cap. 23. in fine
terms And read also in some Civilians of Assirmativa praegnans and that is quae habet in se inclusivam negativam Et hoc importare videntur dictiones Solùm tantiâ—m qua implicant negativam Pacianus De probationibus lib. 1. cap. 31. num 16. fol. 93. Neif nativa cometh of the French Naif i. naturalis vel nativus it signifieth in our Common law a Bondwoman anno 1 Ed. 6. cap. 3. the reason is because women become bound rather nativitate than by any other means Ne injustè vexes is a Writ that lyeth for a Tenent which is distrained by his Lord for other services than he ought to make and is a Prohibition to the Lord in it self commanding him not to distrain The especial use of it is where the Tenent hath formerly prejudiced himself by performing more services or paying more rent without constraint than he needed For in this Case by reason of the Lords seisin he cannot avoid him in avowry and therefore he is driven to this Writ as his next remedy Regist orig fol. 4. Fitz. nat brev fol. 10. Ne Vicecomes colore mandati Regis quemquam amoveat à possessione ecclesiae minus justè Regist orig fol. 61. NI Nient comprise is an exception taken to a Petition as unjust because the thing desired is not contained or comprehended in that Act or Deed whereupon the Petition is grounded For example one desireth of the Court to be put in possession of a House formerly among other Lands c. adjudged unto him The adverse party pleadeth that this Petition is not to be granted because though he had a judgement for certain Lands and Houses yet the House into the possession whereof he desireth to be put is not contained among those for the which he had judgment See the New Book of Enteries titulo Nient comprise This seemeth to be especially to hinder execntion Nifle anno 3 Ed. 4. cap. 5. Nihil anno 5 R. 2. stat 1. cap. 3. is a word set upon a Debt illeviable by the forein Apposer in the Exchequer Nihil dicit is a failing to put in answer to the Plea of the Plaintiff by the day assigned which if a man do commit judgement passeth against him as saying nothing why it should not Nisi prius is a Writ Iudicial which lyeth in Case where the Enquest is paneled and returned before the Iustices of the Bank the one party or the other making Petition to have this Writ for the ease of the Country It is directed to the Sheriff commanding that he should cause the men impaneled to come before the Iustices in the same County for the determination of the Cause there except it be so difficult that it need great deliberation In which it is sent again to the Bank v. anno 14 Edward 3. cap. 15. The form of the Writ see in Old nat br fol. 159. and in the Register judicial fol. 7. 28. 75. See the New Book of Entries verbo Nisi prius And it is called Nisi prius of these words comprised in the same whereby the Sheriff is willed to bring to Westminster the men empaneled at a certain day or before the Iustistices of the next Assises Nisi die Lunae apud talem locum prius venerint c. whereby it appeareth that Iustices of Assises and Iustices of Nisi prius are differing And Iustices of Nisi prius must be one of them before whom the Cause is depending in the Bench with some other good man of the County associated unto him Fitzherb nat brev fol. 240. E. which he taketh from the Statute of York anno 12 Ed. 2. See Westm 2. cap. 30. anno 13 Edw. prim anno 27 ejusdem cap. 4. anno 2 Edw. 3. cap. 17. anno 4 ejusdem cap. 11. anno 14 ejusdem cap. 16. anno 7 Rich. 2. cap. 7. anno 18 Eliz. cap. 12. NO Nobility Nobilitas in England compriseth all Dignities above a Knight So that a Baron is the lowest degree thereof Smith de Repub. Anglor lib. prim ca. 17. Bartolus in his Tractate de Nobilitate which he compiled upon the Law Si ut proponis C. de dignitatibus libro 12. rehearseth four Opinions de Nobilitate but rejecteth them and himself defineth it thus Nobilitas est qualitas illata per principatum tenextem qua quis ultra honestos plebeios acceptus ostenditur But this definition is too large for us except we will account Knights and Banerets inter plebem which in mine opinion were too haish For Equites among the Romans were in a middle rank inter Senatores plebem Nocumento See Nusance Nomination nominatio is used by the Canonists and Common Lawyers for a power that a man by vertue of a Mannor or otherwise hath to appoint a Clerk to a Patron of a Benefice by him to be presented to the Ordinary New Terms of the Law Non-ability is an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any sute in Law as Praemunire Outlawry Villenage or Excommunication or because he is a Stranger born The Civilians say That such a man hath not personam standi in judicio See Brook hoc titulo See Fitz. nat brev fo 35. a. fo 65. d. fo 77. c. The new Expositor of Law Terms teckoneth six causes of Non-ability as if he be an Outlaw a Stranger born condemned in a Praemunire professed in Religion excommunicate or a Villein Howbeit the second cause holdeth only in Actions real or mixt and not in personal except he be a Stranger and an enemy Non admittas See ne admittas Nonage is all the time of a mans age under one and twenty years in some cases or fourteen in some as mariage See Brook titulo Age. See Age. Non capiendo Clericum see Clericum non capiendo Non-claym Cromptons Jurisdict fo 144 seemeth to be an exception against a man that claimeth not within the time limited by Law as within a year and day in case where a man ought to make continual Claim or within five years after a Fine levyed Vide Cook lib. 4. in Prâ—oemio See Continual claim Non compos mentis it is of four sorts First he that is an Ideot born Next he that by accident afterwards wholly loseth his wits Thirdly a Lunitick that hath sometime his understanding and sometime not Lastly he which by his own Act depriveth himself of his right mind for a time as a Drunkard Coke lib. 4. fo 124. b. Non distringendo is a Writ comprising under it divers particulars according to divers Cases all which you may see in the Table of the Register origin verbo non distringendo Non est culpabilis is the general Answer to an Action of Trespass whereby the Defendant doth absolutely deny the fact imputed unto him by by the Plaintiff whereas in other especial Answers the Defendant granteth a Fact to be done and allegeth some reason in his defence why he lawfully might
nonage and is in that respect allowed by law to deal for him in the managing his affairs as to be his Guardian if he hold of any in socage and in the redresse of any wrong done unto him be it by his Guardian if he be ward and hold in Chivalry or any others Stat. West pri cap. 48. 3 Ed. pri and Westm 2. cap. 15. anno 13 Ed. pri Profe alià s Prove is used for an Enquest anno 28 Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publickly given of any thing whereof the King thinketh good to advertise his subjects So it is used anno 7 Rich. 2. cap. 6. Proclamation of rebellion is a publick notice given by the officer that a man not appearing upon a Subpoena nor an attachment in the Starchamber or Chancery shall be reputed a rebel except he render himself by a day assigned Cromptons jurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notize openly and solemnly given at all the Assises that shall be holden in the County within one year after the ingrossing of the fine and not at the four general quarter sessions And these Proclamations be made upon transcripts of the fine sent by the Iustices of the common plees to the Iustices of Assise and the Iustices of peace West part 2. symbo titulo Fines sect 132. where also you may see the form of the Proclamation Proclamare est palam et valde clamare used by Tully Livie and the Civilian Ï€. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causamagit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamaâ—orem aut rebulam hoc sermone conquirimus c. I read in Fitz. nat br fol. 85 C. that the Kings proclamation is sufficient to stay a subject from going out of the Realm See the force of proclamations in an 31 H. 8. c. 8. see also proclamations in divers cases New book of Entries verb. Proclamations Proctors of the Clergy procuratores cleri are those which are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Dioces at the Parliament whose choise is in this sort First the King directeth his writ to the Arch-bishop of each Province for the summoning of all Bishops Deans Arch-deacons cathedral and collegiat churches and generally of all the Clergy of his Province after their best discretion and judgement assigning them the time and place in the said writ Then the Arch-bishops proceed in their accustomed course One example may serve to shew both The Arch-bishop of Canterbury upon his writ received directeth his letters to the Bishop of London as his Dean provincial 1 sect statuimus de poenis verb. tauquam in glos first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Arch-deacons cathedral and collegiate churches and generally all the Clergy of his Province to the place and against the day prefixed in the writ But directeth withall that one Proctor sent for every cathedral or collegiate Church and two for the body of the inferiour Clergy of each Dioces may suffice And by vertue of these Letters authentically sealed the said Bishop of London directeth his like Letters severally to the Bishop of every Diocesse of the Province citing them in like sort and commanding them not only to appear but also to admonish the said Deans and Arch-deacons personally to appear and the Cathedrall and collegiat Churches as also the common clergy of the Diocesse to send their Proctors to the place and at the day appointed and also willeth them to certifie the Archbishop the names of all and every so monished by them in a Shedule annexed to their Letters certificatory The Bishops proceed accordingly and the Cathedrall and collegiat Churches as also the Clergy make choise of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These Proctors of the Clergy howsoever the case of late daies is altered had place and suffrage in the lower house of Parliament as well as the Knights Citizens Barons of the Cinque ports and Burgesses For so it plainly appeareth by the statute anno 21 R. 2. cap. 2. cap. 12. And sithence they were removed the Church hath daily grown weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is used for him that gathereth the fruit of the benefice for another man anno 3 R. 2. stat 1. cap. 2. And procuracy is used for the specialty whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreves and other officers in the Exchequer which is twice in the year anno 51. H. 3. statute quins And it may be gathered also out of the Regist fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I read also of profers anno 32 H. 8. cap. 21. in these words Trinity term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the essoynes profers returns and other ceremonies heretofore used and kept In which place profer seemeth to signfie the offer or indeavour to proceed in action by any man whom it concerneth so to do See Britton cap. 2. fol. 50. b. 55. a. fol. 80. b. and Fleta lib. 1. cap. 38. sect Utlagati et seq Profer the half mark See Half mark Profession professio is in the Common law used particularly for the entring into any religious Order of Friers c. New book of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any Court either spiritual or secular to proceed in any cause there depending upon suggestion that the cognition thereof belongeth not to the said Court Fitz. nat br fol. 39. G. but is most usually taken especially in these daies for that writ which lyeth for one that is impleaded in the Court Christian for a cause belonging to the temporal jurisdiction or the cognisance of the Kings court whereby as well the party and his Councel as the Iudge himself and the Register or forbidden to proceed any farther in that cause for that it appertaineth to the dis-inheritage to the Crown of such right as belongeth unto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol 93. seq This writ and the praemunire might in these daies well be spared for they were helps to the Kings inheritance and Crown when the two swords were in two divers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weary the subject by many quirks and delays from obtaining his
tenth part of the fruits by the moral Law of God Yet the better and more Theologicall opinion is that they are all deceived and that from their errour hath sprung much wrong to Almighty God and great mischief to his Church and that by the Law of God and nature no contrary custome ought to last any longer than the Paâ—â—on and Parisnioner shall both think well of it Wherefore those customs of paying a half penny for a Lamb or a penny for a Calf by such as have under seven in one year how long soever it hath indured is but very unreasonable in these dayes when both Lambs and Calves are grown four time dearer and more than they were when this price was first accepted And therefore no man dischargech well his conscience in this point that payeth not duly the tenth of every Lamb every Calf and and every other thing titheable For by this course the Minister fareth well or evill in a proportion with his Parishioner as it pleaseth God to give increase whereas by any other order the one or the other shall find want of indifference as the prices of things shall rise or fall Tithing Tithingum is the Saxon word Teothung for the which see Tithe It signifieth as M Lamberd saith in his Dutie of Constables the number or company of ten men with their families cast or knit together in a society all of them being bound to the King for the peaceable and good behaviour of each of their society Of these Companies was there own chief or principal person who of his office was called Teothung man at this day in the West parts Tithingman but now he is nothing but a Constable For that old discipline of Tithings is left long sithence It signifieth also a Court Anno 23 Ed. 3. cap. 4. et an 9 H. 3. cap. 35. See Chief pledge and Frank Pledge and Decennier Tithing is used for a Court Magna charta cap. 25. and Merton cap. 10. TO Todde of wooll is a quantity containing 28. pound in weight or two Stone Tost Tostum is a place wherein a mesuage hath stood West parte 2. symbol titulo Fines Sect. 26. Toile commeth of the French Toile i. tela and signifieth with us a net or cord to compasse or take Deer To lange and to bred See Bred Toll Tollere as it is a verb signifieth to defeat or take away anno 8 Hen. 9. cap. 9. Toll alià s Thol Tolnetum alià s Theolonium is a Saxon word and hath in our Common law two significations first it is used for a liberty to buy and sell within the precincts of a Manor Lamb. Archainom fol. 132. which seemeth to import so much as a Fair or Market The words be these Thol quod nos dicimus Tholonium est scilicet quod habeat libertatem vendendiet emendi in terra sua In the second signification it is used for a tribute or custom paid for passage c. as in Bracton Si cui concedatur talis libertas quòd quietus sit de Theolonio consuetudinibus dandis per totum Regnum Angliae in terra et mari et quod Theolonium et consuetudines capiat infra libertatem suam de ementibus et vendentibus c. lib. 2. cap. 24. num 3. But even there in the end of the second number he hath this word Toll as it seemeth in the former signification also which by these words above written following a little after he interpreteth to be a liberty as well to take as to be free from Tolle The made Latin word Theolonium Cassanaeus in consuet Burgund pag. 118. deriveth a Tollendo but I rather think it commeth from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. vectigalium redemptio vel etiam vectigalium exactio Fleta hath these words of it Tol significat acquiet antiam Theolonii ubique in Regno lib. pri cap. 47. M. Skene de verb. signif verbo Toll saith it is a custome and that it commeth from the Greek word of the same signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that he who is enfeoffed with Toll is custom free and payeth no custom which is manifest by sundry old books wherein it is written Toll hoc est quod vos et homines vestri de toto homagio vestro sint quieti de omnibus mercatis et de Tolneto de omnibus rebus empiis et venditis Thus farre he Kitchin fol. 104. maketh mention of toll through and toll traverse his words be to this effect Custom or prescription to have toll through in the High way is not good for it is against the common right But to have prescription of toll traverse is good In which place the difference between the one and the other the new expositour of Law Terms saith to be that toll traverse is that money which is taken for passing over a private mans ground But this Author seemeth to differ from Kitchin touching the lawfulnesse of toll through saying that by reason of a Bridge provided at the cost and charge of the town for the ease of Travellers he thinketh it reasonable that toll through be enacted toward the maintenance thereof which VVriter also maketh mention of toll Turn and that he defineth to be toll paid for beasts driven to be sold though they be not sold indeed Where I think he must mean a toll paid in the return homeward from the Fair or Market whither they were driven to be sold Plowden casu Willion fol. 236. agreeth in this definition of toll traverse And this the Fendists call Parangariam defining it to be Sumptus labores ferendi referendive alicujus causa à principe impositi cùm non per viam sed aliò versùm iter suscipitur l. 2. Cod. de Episc cleri à graeco 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. transitus per viam transversam Gothofred ad l. 4. sect 1. Ï€. de vetera I find in Andrew Horns mirour of Justices lib. 1 cap. des articles c. that by the antient law of this land the buyers of corn or cattel in Fairs or Markets ought to pay toll to the Lord of the Market in testimony of their contract there lawfully made in open market for that privy contracts were held unlawfull Toloneum or Breve de essendi quietum de Telonen is a writ that lyeth in case where the Citizens of any City or Burgesses of any Town be quit from toll by the grant of the Kings Predecessors or prescription which you have at large in Fitzh nat br fol. 226 See Telonium Tolt Tolta is a writ whereby a cause depending in a Court Baron is removed into the County court Old nat br fol. 2. The reason of the appellation seemeth to come from the verb Tollo v. Coke lib. 3. in praefatione ad lectorem Tonne See Tunne Tonnage is a custome or impost due for merchandise brought or carried in Tuns and such like Vessels from or to other nations after a certain race
effect and saith thus Vifangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra ipsius qui tales habet libertates It seemeth to be compounded of these three words Vi fang thef which in our modern English be out take or taken Thief Of this Fleta hath these words Vifangenthef dicitur latro extraneus veniens aliunde de â—erra aliena qui captus fucrit in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suâ—m captum reducere usque in libertatem et ibi cum judicare reducere tamen poterit judicatum et judicium in proprio patibulo exequi ratione libertatis commodum tamen non video Debet enim quilibet juri subjacere ubi deliquit proprios tamen latrones et alienos judicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta lib. 1. cap. 47. See Vtlawrie Vtlagatio capiendo quando utlagatur in uno comitatu et postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set down for the name thereof See the Register original fol. 133. Vtlawrie utlagaria aliâs utlagatio is a punishment for such as being called into law and lawfully sought do contemptuously refuse to appear And as Bracton saith lib. 3. tract 2. cap. 11. He that is sued must be sought and called at 5 Counties a month being between every County to answer to the law And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi et ex tunc utlagabitur that is as the Author of the Terms of Law saith he shall be pronounced by the Coroner to be out of the Kings protection and deprived of the benefit of the Law The effect of this is divers as the same Author saith for if he be out-lawed in an action personal he meaneth at the sute of another in a civil cause he shall forfeit all his goods and cattels to the King if upon felony then he shall forfeit all his Lands and Tenements that he hath in fee-simple or for term of his life and his goods and cattels Bracton ubi supra xum 5. saith that such as be outlawed upon Felony Ex tunc gerunt caput lupinum ita quod sine judiciali inquisitione ritè pereant et secum suum judicium portent et meritò sine lege pereunt qui secundum legem vivere recusarunt Et haec ita si cùm capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum et mors erit et manu Domini Regis See Horns miror of Justices lib. 3. cap. des fautes punishables Bracton saith in the place above specified with whom also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be out-lawed But take his own words Minor vero qui infra aetatem 12. annorum fuerit utlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae utlagari non potest quia ipsa non est sub lege i. Inlangh Anglice sc in franco plegio sive decenna sicut masculus 12. annorum ulteriùs Et ideo non potest utlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit sine ceperit Est enim waivium quod nullus advocat nec princeps eum advocabit nec tuebitur cum fuerit rite Waiviata sicut fit de masculo qui secundum legem terrae ritè fuerit utlagatus c. To the same effect writeth Fitzherbert in his Natura brev fol. 161. viz. And because women be not sworn in Leets to the King as men be of the age of twelve years or upward it is said when a woman is out-lawed that she is waived but not out-lawed for she was never under the law nor sworn unto it More of this you may read in Bracton lib. 3. tractat 2. cap. 12 13. and then in the 14. how an out-law is in-lawed again and restored to the Kings peace and protection See also Fleta lib. 1. cap. 28. per totum Vtrum See Assise Vtter Baristers be such as for their long study and great industry bestowed upon the knowledge of the Common law be called out of their contemplation to practise and in the face of the world to take upon them the protection and defence of the Clyents These are in other Countries called Licentiati in jure Howbeit in modesty they still continue themselves hearers for divers years like the Scholars of Pythagoras that for the first five years never adventured to reason or discourse openly upon any point of their Masters Doctrine which their silence à cohihibendo sermone was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas and Zenodorus do report Vtlepe significat escapium latronum Fleta lib. 1. ca. 47. W WA VVAge vadiare proceedeth of the French Gager i. dare pignus pignore certare and signifieth in our Common law the giving of security for the performing of any thing as to wage law and to wage deliverance which see before in Gage None wageth law against the King Brook titulo Chose in action num 9. The substantive of this verb is Wager in the Latin vadium which some Feudists call wadium as testifieth Hotoman in his Commentaries de verbis feudalibus verbo Wadium See Law Wainage wanagium aliâs wannagium signifieth as much as peculium servorum of the Saxon word wonen i. habitare woening i. habitatio See Gamage Waive waiviare Regist. orig fol. 277. a. is to forsake habere pro derelicto as the Civilians term it Waiviare feudum suum Bracton lib. 2. cap. 7. that is to forsake Many of the Kings liege people to be out-lawed and many waived by erroneous proces anno 7 H. 4. cap. 13. See Vtlawry To waive the company of Theeves Stawnf pl. cor fol. 26. To waive his benefit Idem fol. 46. To waive the advantage Idem praerog fol. 17. Persons attainted or waived West parte 2. symbol tit Fines Sect. 13. D. This word waived waiviata properly belongeth to a woman that being sued in the Law contemptuously refuseth to appear as out-lawed doth to a man Regist. orig fol. 132. b. 277. a. The reason whereof see in Fitz. nat br fol. 161. A. See Weif Wales Wallia is a part of England on the West side inhabited by the off-spring of the antient Britons chased thither by the Saxons being called hither by them to assist them against the might of the Picts The reason of the appellation commeth from the Saxon Wealh i. exterus vel peregrinus for so the Saxons both called them and held them though now to the great quiet of this
classis as appeareth by Tully in Verrem 7. but his Authority was not continual as the Admirals in these day but only in time of War Neither do I find any such Officer belonging to the Emperors in our Code And M. Gwin in the Preface to his reading is of opinion that this Office in England was not created untill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his Book taking upon him to name all the Courts of Justice maketh no mention of this Court or Magistrate And again Richard the second finding the Admiral to extend his Jurisdictions over far ordained by Statute made the 10 year of his Reign that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies whereby the said Master Gwin conjectureth that he did nought else but reduce him to his original But contrarily to this it appeareth by antient Records the Copies wherof I have seen that not only in the daies of Edward the first but also of King John all causes of Merchants and Mariners and things happening within the Flood-mark were ever tryed before the Lord Admiral Ad jura Regis is a Writ for the Kings Clark against him that seeketh to eject him to the prejudice of the Kings Title in the right of his Crown Of this you may see divers forms upon divers Cases Register orig fo 61. a. Admittendo clerico is a Writ granted to him that hath recovered his right of presentation against the Bishop in the Common-bank the form whereof read in Fitzh nat br fol. 38. and the Register orig fol. 33. a. Admittendo in socium is a Writ for the association of certain Persons to Justices of Assises formerly appointed Register orig fol 206. a. Ad quod damnum is a Writ that lyeth to the Escheater to inquire what hurt it will be to the King or other Person to grant a Fair or Market or a Mortmain for any Lands intended to be given in Fee-simple to any House of Religion or other body politick For in that Case the Land so given is said to fall into a dead hand that is Such an estate and condition that the chief Lords do leese all hope of Heriots service of Court and escheats upon any traiterous or felonious Offence committed by the Tenant For a body politick dieth not neither can perform personal service or commit Treason or Felony as a single Person may And therefore it is reasonable that before any such Grant be made it should be known what prejudice it is like to work to the Granter Of this read more in Fitzh nat brev folio 221. and look Mortmain Ad terminum qui praeteriit is a Writ of Entry that lyeth in case where a man having leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenent or other Stranger that occupieth the same and deforceth the Leasour Which Writ belongeth to the Leasour and his Heir also Fitzh nat br fol. 201. Advent adventus is a certain space of time comprising a Month or thereabouts next before the Feast of Christs Nativity Wherein it seemeth that our Ancestors reposed a kind of Reverence for the neerness of that solemn Feast so that all contentions in Law were then remitted for a season Whereupon there was a Statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said usual solemnity and time of rest it might be lawfull in respect Justice and Charity which ought at all times to be regarded to take Assises of novel disseisin mort d'auncester and darrein presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof unto the end of the Octaves of the Epiphany the solemnizing of Mariages were forbidden by reason of a certain spiritual joy that the Church and so consequently every Member thereof for that time doth or ought to conceive in the remembrance of her Spouse Christ Jesus and so abandon all affections of the flesh See Rogation week and Septuagesima Advocatione decimarum is a Writ that lyeth for the claim of the fourth part or upward of the Tithes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to justifie or maintain an Act formerly done For example one taketh a distress for rent or other thing and he that is distreined sueth a Replevin Now he that took the Distress or to whose use the Distress was taken by another justifying or maintaining the Act is said to avow Terms of the Law Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton useth the Latine word in the same signification as advocatio disseifinae li. 4. cap. 26. And I find in Cassanaeus de consuet Burg. pag. 1210. advohare in the same signification and pag. 1213. the Substantive desavohamentum for a disavowing or refusal to avow Advowzen advocatio signifieth in our Common-law a right to present a benefice as much as jus patronatus in the Canon-law The reason why it is so termed proceedeth from this Because they that originally obtained the right of presenting to any Church were Maintainers and Upholders or great Benefactors to that Church either by building or increasing it and are thereupon termed sometime Patroni sometime Advocati cap. 4. cap. 23. de jure Patronatus in Decretal And advowzen being a bastardly French word is used for the right of presenting as appeareth by the Statute of Westm the second anno 13 Edw. 1. ca. 5. Advowzen is of twosorts advowzen in grosse that is sole or principal not adhering or belonging to any Manor as parcel of the right thereof advowzen dependant which dependeth upon a Manor as appertinent unto it termed of Kitchin an incident that may be separated from the Subject Of this M. John Skene de verbo sig hath these words dicitur advocatio Ecclesiae vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam asserit se in eadem habere jus Patronatus eamque esse sui quasi clientis loco vel potiùs cùm aliquis nempe patronus advocat alium jure suo ad Ecclesiam vacantem cumque loco alterius veluti defuncti praesentat quasi exhibet See Advowè next following Advowè alias avowè advocatus is used for him that hath right to present to a benefice Anno 25 Ed. 3. stat 5. ca. unico There have you also Advowe paramount which is as much as the highest Patron and is spoken of the King Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae ut ad Ecclesiam nomine proprio non alieno possit praesentare Fleta l. 5. ca. 14. § 1. Fitzh in his nat br fol. 39. useth it in
prayeth in ayd of him and also to avoid a prejudice growing toward his own right except it be prevented For example when a tenent for term of life by courtesie tenent in tail after possibility of issue extinct for term of years at will by Elegit or tenent by Statute-merchant being impleaded touching his estate may petere auxtlium that is pray in ayd of him in the reversion that is desire or intreat the Court that he may be called in by writ to allege what he thinketh good for the maintenance both of his right and his own Terms of the Law Fitzherbet mentioneth both prier in ayde and prier ayde de patron c. auxilium petere à patrono Nat. Brev. fo 50. d. And the new book of Entries Verbo Ayde de parcener auxilium de parcionaria fo 411 Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem Emericus in practition titulo 48. This ayde prier is also used sometime in the Kings behoof that there be no proceeding against him untill the Kings Councell be called and heard to say what they think good for the avoyding of the Kings prejudice or losse touching the cause in hand For example if the kings tenent holding in chief be demanded a rent of a common person he may pray in ayd of the king Also a City or Borough that hath a fee ferm of the king any thing being demanded against them which belongeth thereunto may pray in ayd of the king c. Terms of the law Of this thing you may read the Statute de bigamis a. 4. Ed. 1. ca. 1. 2. 3. an 14. Ed. 3. stat 1. ca. 14. The Civill law in sutes begun between two alloweth a third to come in pro interesse and he that commeth in for his interest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common Lawiers cal Receite Look Receito Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grandfather or great grandfather called of our common lawyers besacle but in true French bisaicul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and disâ—possesseth the heir Fitz. nat br fo 222. AL Alderman aldermannus is borrowed from the Saxon Ealderman signifying as much as Senator in Latine Lamb. in his explication of Saxon words verbo senator See Roger Hoveden par poster suorum annal fo 346. b. Aler sans jour is verbatim to goe without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 140. Ale-taster is an officer appointed in every Court leet and sworn to look to the assise and the goodnesse of bread and ale or beer within the precincts of that Lordship Kitchin f. 46. where you may see the form of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the property of any thing unto another man To alien in mortmain is to make over lands or tenements to a Religious company or other body politique Stawnf praerog fo 40. Look Mortmain To alien in fee is to sel the fee simple of any land or tenement or of any incorpore all right West 2. ca. 25. an 13 Ed. 1. Alien alias alion allenigena commeth of the Latine alienus and signifieth one born in a strange Country It is ordinarily taken for the contrary to Denizen or a natural subject that is one born in a strange country and never here infranchised Brook Denizen 4. c. And in this case a man born out of the land so it be within the limits of the kings obedience beyond the Seas or of English parents out of the Kings obedience so the parents at the time of the birth be of the kings obedience is no alien in account but a subject to the King Statute 2. a. 25. Edw. 3. c. unico commonly called the Statute de natis ultra mare Also if one born out of the Kings allegiance come and dwell in England his children if he beget any here be not aliens but denizens Terms of the Law See Denizen Allaye Allaia is used for the temper mixture of silver and gold an 9. H. 5. Stat. 2. c. 4. Stat. 1. ejusdem anni cap. 11. The reason of which allay is with a baser metal to augment the weight of the silver or gold so much as may counter vail the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer upon a complaint of some accountant commanding them to allow the accountant such summes as he hath by vertue of his office lawfully and reasonably expended Regist orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is used for one that by his trade coloureth or painteth upon paper or parchment And the reason is because he giveth grace light and ornament by his colours to the letters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine rivets be a certain light kind of armor for the body of a man with sleevs of male or plates of iron for the defence of his arms The former of which words seemeth to shew the country where it was first invented the other whether it may come from the French verb revestir i. superinduere to put on upon another garment I leave to farther consideration Almner eleemosynarius is an officer of the Kings house whose function is fragmenta diligenter colligere ea distribuerre singulis diebut egenis agrotos leprosos incarceratos pauperesque viduas et alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam et alia ad elecmosynam largita recipere fideliter distribuere Debet etiam regem super eleemosyne largitione crebris summonitionibus stimulare praecipne diebus Sanstorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel ministrallis sed ad eleemosynae suae incrementum jubeat largiri Fleta lib. 2. cap. 22. Almoine eleemosyna See Frank almoyne Almond amygdalum is well known to every mans sight it is the kernel of a nut or stone which the tree in Latine called amygdalus doth bear within a husk in manner of a walnut of whose nature and diversities you may read Gerards Herball lib. 3. cap. 87. This is noted among Merchandize that are to be garbled anno 1. Jaco cap. 19. Alnegeor aliâs aulnegeor ulniger vel ulnator commeth from the French aulne an elle or elwand and signifieth an Officer of the Kings who by
take their bodies c. In which place an Attachment is plainly used for an apprehension of an Offender by his goods So that to conclude I find no difference between an Attachment and a Distress but these two That an Attachment reacheth not to Lands as a Distress doth and that a Distress toucheth not the body if it be properly taken as an attachment doth Yet are they divers times confounded as may appear by the places formerly alleged and by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. seq Howbeit in the most common use an Attachment is an apprehension of a man by his Body to bring him to answer the action of the Plaintiff a Distress is the taking of another mans goods for some real cause as rent service or such like whereby to drive him to replevy and so to be Plaintiff in an action of Trespass against him that distreined him And so much for the difference and coherence of these words See also Distress I find in West parte 2. symbolaio titulo Proceedings in Chancery sect 22 23. that Attachment out of the Chancery is two-fold one simple and originally decreed for the apprehension of the party the other after return made by the Sheriff Quod defendens non est inventus in Baliva sua with Proclamations made through the whole County in such places as he shall think meet that the party appear by a day assigned and that he be attatched nevertheless if he may be found This second kind hath an affinity with the Canonists viis modis at the which if the Party appear not he is excommunicate or with the Civilians viis modisunà cum intimatione for in the Chancery if he come not upon this he is forthwith pressed with a Writ of rebellion There is an attachment of Privilege which is a power to apprehend a man in a privileged place or else by vertue of a mans privilege to call another to this or that Court whereunto he himself belongeth and in respect whereof he is privileged New book of Entries verbo Privilege fo 431. col 2. There is also a forein attachment which is an attachment of a Foreiners goods found within a Liberty or City to satisfie some Creditor of his within the City There is also an attachment of the Forest which is a Court there held For as M. Manwood saith in his first Book of forest Laws pag. 90 62 99. there be three Courts of the Forest where the lowest is called the attachment the mean the swaynemote the highest the Justice seat in Eyr This Court of attachment seemeth so to be called because the Verderours of the Forest have therein no other authority but to receive the attachments of Offendours against vert and venison taken by the rest of the Officers and to enroll them that they may be presented and punished at the next Justice-seat Manwood parte 1. pag. 93. And this attaching is by three means by Goods and Cattels by Body Pledges and Mainprise or by the body only The Court is kept every fortie daies throughout the year And he that hath occasion to learn more of this I refer him to M. Manwood loco quo supra and to M. Crompton in his Court of the Forest Attachment is commanded in Writs the diversitie whereof you may see in the Regist orig under the word Attachiamentum in Indice At large see Assise at large in the word Assise and Old nat br fol. 105. Verdict at large Littleton fo 98. To vouch at large Old nat br fol. 108. To make title at large Kitch f. 68. See Barre Attaine attincta commeth of the French as you shall see in the word attainted But as it is a Substantive it is used for a Writ that lyeth after Judgement against a Jury that hath given a false verdict in any Court of Record be the action real or personal if the debt or dammages surmount the sum of 40 s What the form of the Writ is and how in use it is extended Fitz. nat br f. 105. and the new Book of Enteries f. 84. colum 1. The reason why it is so called seemeth to be because the party that obtaineth it endeavoureth thereby to touch deprehend or stain the Jury with perjury by whose verdict he is grieved What the punishment of this perjury is or of him that bringeth the Writ against the Jury if he fail in his proof see Glanvil lib. 2. cap. 19. Fitz. nat br fol. 109. K. L. 110. A. B. C. D. c. the Terms of the Law verb. Attaint Fortescue cap. 26. Smith de rep Anglo lib. 3. cap. 2. and anno 11 H. 7. cap. 21. anno 23 H. 8. cap. 3. and others In what diversity of Cases this Writ is brought see the Register orig in Indice Attainted attinctus commeth of the French temdre i. tingere the Participle whereof is teinct i. tinctus or else of attaindre i. assequi attingere It is used in our Common law particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Howbeit a man is said to be attainted of Disseisin Westm 1. cap. 24 36. anno 3 Ed. 1. And so it is taken in French likewise as estre attaint vayncu en aucuncas is to be cast in any cafe Which maketh me to think that it rather commeth from attaindre as we would say in English catched overtaken or plainly deprehended And Britton cap. 75. useth the Participle attaint in the sence that we say attained unto A man is attainted by two means by Appearance or by Proces◠Stawnf pl. cor fol. 44. Attainder by Appearance is by confession by battel or by verdict idem fo 122. Confession whereof attaint groweth is double one at the Bar before the Judges when the Prisoner upon his endictment read being asked guilty or not guilty answereth guilty never putting himself upon the verdict of the Jury the other is before the Coroner in Sanctuary where he upon his Confession was in former times constrained to abjure the Realm which kind also of the effect is called attainder by abjuration Idem fol. 182. Attainder by battel is when the party appealed by another and chusing to try the truth by combat rather than by Jury is vanquished Idem fol. 44. Attainder by verdict is when the Prisoner at the bar answering to the endirement not guilty hath an enquest of life death passing upon him is by their verdict or doom pronounced guilty Idem fol. 108. 192. Attainder by Process otherwise called attain der by default or attainder by outlagary is where a Partie flyeth and is not found untill he have been 5 times called publickly in the County and at the last out-lawed upon his default Idem f. 44. Ifind by the same Author f. 108. that he maketh a difference between Attainder and Conviction in these words And note the diversity between Attainder and Conviction c. And with this
called bannimertum which was aunelently tearmed depertatlo if it were perpetual or religatio in insulam if for a time Vincentius de Franchis Petrus de Bellug a in suo speculo fol. 125. num 4. Barbaries Oxycantha is a thornie shrub known to most men to bear a berry or frâ—â—t of a sharp taste These berries as also the leaves of the said tree be medicinable as Goard in his Herbal sheweth lib. 3. cap. 21. You find them mentioned among Drugges to be garbled Anno 1 Jacob. cap. 9. Bargain and sale as it seemeth by Westpart 1. symb lib. 2. sect 436 is properly acontract made of mannors lands renements hereditaments other things transferring the property thereof from the bargainer to the bargainee But the Author of the new terms of Law addeth that it ought to be for money saying farther that this is a good contract for Land c. and that Fee-simple passeth thereby though it be not said in the deed To have and to hold the land to him and to his heire and though there be no liverie and selfin made by the seller so it be by deed intended sealed and enrolled either in the County where the land lyeth or within one of the Kings Courts of Records at Westminster within six moneths after the date of the Deed intended an 27 H. 8. cap. 16. Barkarie Barkaria is a heath house New book of Entries titulo Assise corp poliâ— 2. Some call it a Tan-house Baron Barao is a French word and hath divers fignifications here in England First it is taken for a degree of Nobility next unto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this fignification it is borrowed from other Nations with whom Baroniae be as much as Provinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as have the government of Provinces as their Fee holden of the King fome having greater some lesser authority within their territories as appeareth by Vincentius de Franobis in divers of his disceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call Court-barons as they be at this day called Seigneurs in France that have any such Mannor or Lordship Yea I have heard by men very learned in our Antiquities that neer after the Conquest all such came to the Parliament and sate as Nobles in the upper-house But when by experience it appeared that the Parliament was too much pestered with such multitudes it grew to a custome that none should come but such as the King for their extraordinary wisedome or quality thought good to call by Writ which Writ ran hac vice tantùm After that again men feeing this estate of Nobility to be but casual and to depend meerely upon the Prineâ—s pleasure they sought a more certain hold and obtained of the King letters patents of this dignity to them and their heires male And these were called Barons by letters patents or by creation whose postority be now by inhefitance and true delcent of Nobility those Barons that be called Lords of the Barliament of which kind the King may create more at his pleasure It is thought neverthelesse that there are yet Barons by writ as well as Barons by letters patents and that they may be discerned by their titles because the Barons by writare those that to the title of Lord have their own surnames annexed as Crompton North Norice c. whereas the Barons by letters patents are named by their Barronies These Barons which were first by writ may now justly also be called Barons by prescription for that they have continued Barons in themselves and their auncestors came beyond the memory of man The original of Barons by writ Master Camden in his Britaunia Pag. 109. in meo referreth to Henry the third Barons by letters patents or creation as I have heard among our Antiquaries were first created about the days of Henry the sixth the manner of whose creation read in Master Stows Annals pag. 1121. Of all these you may also read Mast Ferns glory of Generofity pa. 125. 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. dâ—â—â—pub Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by year or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour civill and militariy addeth a â—ird kind of baron calling them Barons by conure and those be the Bishops of the land all which by vertue of Baronies annexed to their Bishopricks have alwaies had place in the upper house of Parliament and are termed by the name of Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer be to the King of which the principal is called Lord chief Baron capitalis Baro and the three other for so many there be are his Assistants in causes of Justice between the King and his subjects touching causes appertaining to the Exchequer The Lord chief Baron at this day is the chief Judge of the Court and in matter of Law Information and Plea answereth the Barr and giveth order for judgement thereupon He alone in the Term time doth sit upon Nist prius that come out of the Kings Remembrancers office or out of the office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He taketh recognisancea for the Kings debts for appearances and observing of orders He taketh the presentation of all the officers in Court under himself and of the Maior of London and seeth the Kings Remembrancer to give them their oaths He taketh the declaration of certain receivers accounts of the lands of the late augmentation made before him by the Anditors of the Shires He giveth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chief Baron answereth the Barr in matters aforesaid he also taketh recognisances for the Kings debts apparences and observing of orders He giveth yearly the oath to the late Maior and Escheatour of London for the true account of the profits of his office He taketh a declaration of certain receivers accounts He also examineth the letters and sums of such Sheriffs forrain accounts as also the accounts of Escheatours and Collectours of subsidies and Fifteens as are brought unto him by the Auditors of the Court. The third Baron in the absence of the other two answereth the barr in matters aforesaid he also taketh recognisances as aforesaid He giveth yearly the oath of the late Major and Gawger of London for his true accounting He also taketh a declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him The fourth Baron is alwayes a
lawyers signifying him to whose use any other man is infeoffed in any Lands or Tenements See the new book of entries verbo uses and in Replevin fol. 508. colum 3. verbo Trespas fol. 606. fol. 123. a. b. colum 3. num 7. CH Chafe wax is an Officer in Chauncery that fitteth the wax for the sealing of the Writs such other instruments as are there made to be sent out This Officer is borrowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser i. sectari belluas apros cervos It signifieth two things in the Common Law First as much as actus in the Civil law that is a driving of cattel to or from any place as to chase a distress to a fortlet Old nat br fol. 45. Secondly it is used for a receit for Deer and wild beasts of a middle nature between a Forest and a Park being commonly lesse than a Forest and not endued with so many liberties as the Courts of attachment Swain mote and Justice seat and yet of a larger compas and stored with greater diversity both of keepers and wild beasts or game than a park And Crompton in his book of Jurisdictions fol. 148. saith that a Forest cannot be in the hands of a subject but it forth with loseth the name and becommeth a chase and yet fol. 197. he saith that a subject may be lord and owner of a Forest which though it seem a contrariety yet be both his sayings in some sort true For the King may give or alienate a Forest to a subject yet so as when it is once in the subject it leeseth the true property of a Forest because that the Courts called the Justice seat the Swain more and Attachment forthwith do vanish none being able to make a Lord chief Justice in Eyr of the Forest but the King as M. Manwood well sheweth parte 2. of his Forest Lawes cap. 3. 4. And yet it may be granted in so large a manner that there may be Attachment and Swainmote and a Court equivalent to a Justice seat as appeareth by him in the same chapter num 3. So that a Chase differeth from a Forest in this because it may be in the hands of a subject which a Forest in his proper true nature cannot and from a Park in that that it is not inclosed hath not onely a larger compasse and more store of game but of Keepers also and Overseers See Forest Chaleâ—ge calumnia cometh of the French chalenger i. sibâ— asserere is used in the Common law for an exception taken either against persons or things persons as in assise to the Jurors or any one or more of them or in a case of felony by the prisoner at the barre Smith de reâ— Angl. lib. 2. cap. 12. Briton cap. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration Old nat br fol. 76. Chalenge made to the Jurors is either made to the array or to the polles Chalenge to the array is when the whole number is excepted against as partially empaneled chalenge to or by the polle when some one or more are excepted against as not different Terms of the Law Chalenge to the Jurours is also divided into Chalenge principal and Chalenge per cause i. upon cause or reason Challenge principal otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the Law alloweth without cause alleged or farther examination Lamberd Eirena lib. 4. cap. 14. as a prisoner at the barr arraigned upon felonie may peremptorily chalenge to the number of 20. one after another of the Jurie empaneled upon him alleging no cause but his own dislike and they shall be still put off and new taken in their places But in case of high treason no challenge peremptorie is allowed anno 33 H. 8. cap. 23. Fortescue saith that a prisoner in this case may challenge 35 men c. 27. but that law was abridged by anno 25 H. 8. cap. 3. I cannot here omit to note some difference that in mine opinion I observe between Chalenge principal and Chalenge peremptorie finding peremptorie to be used only in matters criminal and barely without cause alledged more than the prisoners own phantasie Stawnf pl. cor fol. 124. but principal in civil actions for the most part and with naming of some such cause of exception as being found true the law alloweth without farther scanning For example if either party say that one of the Jurors is the son brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farther examination of the parties credit And how far this Chalenge upon children reacheth you have a notable example in Plowden casu Vernon against Manners fol. 425. Also in the plee of the death of a man and in every action real as also every action personal where the debt or dammages amount to 40 marks it is a good Chalenge to any man that he cannot dispend 40 shillings by the year of Free-hold anno 11 H. 7. cap. 21. and Terms of the Law verbo Chalenge The ground of this Chalenge you may see farther in Fleta lib. 4. cap. 8. Chalenge upon reason or cause is when the party doth allege some such exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Jurors as for example if the son of the Juror have married or espoused the daughter of the adverse party Terms of the Law ubi supra This Chalenge per cause seemed to be tearmed by Kitchin chalenge for favour fol. â—2 or rather Chalenge for favour is said there to be one species of Chalenge per cause where you may read what chalenges be commonly accounted principal and what not See the new book of Enteries verbo Chalenge and the Old nat br fol. 158. 159. That this word Chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. lib. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will never forgive him that first strook this blow at him Of Chalenge you may farther read Fleta lib. 1. cap. 32. § Ad quem diem seq Chamberdekins are Irish beggers an 1 H. 5. c. 8. Chamberer is used for a Chamber-maid an 33 H. 8. cap. 21. Chamberlain camerarius vel camberlingus cometh of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly used in our Cbronicles Laws and Statutes as Lord great Chamberlain of England Lord Chamberlain of the Kings house the Kings Chamberlain anno 13 Ed. 1. cap. 41. anno 17 R. 2. cap. 6. to whose office it especially appertaineth to look to the Kings chambers and wardrope and to govern the under ministers
places they there have this commissary is but superfluous and most commonly doth rather vex and disturb the Country for his lucre than of conscience seek to redresse the lives of offenders And therefore the Bishop taking prestation money of his Archdeacons yearely pro exteriori jurisdictione as it is ordinarily called doth by super-onerating their circuit with a commissary not only wrong Archdeacons but the poorer sort of subjects much more as common practice daily teacheth to their great woe Commission commissio is for the most part in the understanding of the Common law as much as delegatio with the Civilians See Brook titulo Commission and is taken for the warrant or Letters Patents that all men exercising jurisdiction either ordinary or extraordinary have for their power to hear or determine any cause or action Of these see divers in the table of the Register original verbo Commissio Yet this word sometime is extended further than to matters of judgement as the Commission of Purveyers or takers anno 11 H. 4. cap. 28. But with this epitheton High it is most notoriously used for the honourable Commission Court instituted and founded upon the Statute 1 Eliz. cap. 1. for the ordering and reformation of all offences in any thing appertaining to the jurisdiction ecclesiastical but especially such as are of higher nature or at the least require greater punishment than ordinary jurisdiction can afford For the world being grown to that loosenesse as not to esteem the censure of excommunication necessity calleth for those censures of fines to the Prince and imprisonment which doe affect men more neerly Commission of rebellion commissio rebellionis is otherwise called a writ of Rebellion Breve Rebellionis and it hath use when a man after proclamation made by the Sheriff upon an order of the Chauncery or court of Statrechamber under penalty of his allegeance to present himself to the Court by a certain day appeareth not And this commission is directed by way of command to certain persons to this end that they or three two or one of them doe apprehend or cause to be apprehended the party as a rebell and contemner of the Kings lawes wheresoever they find him within the Kingdom and bring him or cause him to be brought to the court upon a day therein assigned The true copie of this commission or Writ you have in Cromptons divers jurisdictions Court de Starre-Chamber as also in West tractat touching proceedings in chancery Sectio 24. Commissioner commissionarius is he that hath commission as Letters Patents or other lawful warrant to execute any publike office as Commissioners of the office of Fines and Licenses West parte 2. symbol titulo Fines sect 106. Commissioners in Eyr anno 3 Ed. 1. cap. 26. with infinite such like Committee is he to whom the consideration or ordering of any matter is referred either by some Court or consent of parties to whom it belongeth As in Parliament a Bill being read is either consented unto and passed or denied or neither of both but referred to the consideration of some certain men appointed by the house farther to examine it who thereupon are called Committees Committee of the King West part 2. symbol titulo Chancerie sect 144. This word seemeth to be something strangely used in Kitchin fol. 160. where the widow of the Kings Tenent being dead is called the Committee of the King that is one committed by the ancient law of the land to the Kings care and protection Common bench bancus communis is used some time for the Court of Common plees anno 2 Ed. 3. cap. 11. So called as M. Cambden saith in his Britannia pag. 113. quia communia placita inter subditos ex jure nostro quod commune vocant in hoc disceptantur that is the Plees or Controversies tryed between Common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Justices in Eyr consueverunt Justiciarii imponere villatis juratoribus hundredis toti comitatui concelamentum omnes separatim amerciare quod videtur voluntarium cùm de per jurio concelauâ—ento non fuerint convicti sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis conservatione lib. 1. cap. 48. § Quibus And a little following § Et provisum he hath these words Et provisum ests quòd communes misericordiae vel fines comitatuum amerciatorum in finibus ininerum Justiciariorum ante recessum ipsorum Justiciariorum per sacramenta militum aliorum proborum hominum de comitatu eodem affidentur super eos qui contribuere debent unde particulae Justiciariis liberentur ut cum aliis extractis suis ad Scaccarium liberare valeant These last words of his have relation to the statute Westminst pr. cap. 18. which read See Fine Common Plees communia placita is the Kings Court now held in Westminster Hall but in antient time moveable as appeareth by the Statute called Magna charta cap. 11. as also anno 2 Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his Readings saith that until the time that Henry the third granted the great Charter there were but two Courts in all called the Kings Courts whereof one was the Exchequer the other the Kings Bench which was then called Curia Domini regis and Aula regia because it followed the Court or King and that upon the grant of that Charter the Court of Common plees was erected and setled in one place certain viz. at Westminster And because this Court was setled at Westminster wheresoever the King lay thereupon M. Gwin ubi supra saith that after that all the Writs ran Quòd sit coram Justiciariis meis apud Westmonasterium whereas before the party was commanded by them to appear coram me vel Justiciariis meis simply without addition of place as he well observeth out of Glanvile and Bracton the one writing in Henry the seconds time before this Court was erected the other in the latter end of Henry the thirds time who erected this Court. All civil causes both real and personal are or were in former times tryed in this Court according to the strict law of the Realm and by Fortescue cap. 50. it seemeth to have been the onely Court for real causes The chief Judge thereof is called the Lord chief Justice of the Common Plees accompanied with 3 a 4 Assistants or Associates which are created by Letters Patents from the King and as it were enstalled or placed upon the Bench by the Lord Chancelor and Lord chief Justice of the Court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the Officers belonging to this Court are these The Custos brevium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerk of the Warrants Clerk of the Juries or Jurata
appeareth by Bracton in these words Negotium in hoc casu terminabitur per cuntey cuntey sicut inter coharedes Bracton lib. 4. tract 3. cap. 18. And again in the same place In b evi de recto negotium terminabitur per cuntey cuntey And thirdly lib. 4. tract 4. cap. 2. Terminabitur negotium per breve de recto ubi nec duellum nec magna assisa sed per cuntey cuntey omninò which in mine opinion is as much as the ordinary Jury Curfew cometh of two French words couvrir i. tegere and feu i. ignis We use it for an Evening Peal by the which the Conqueror willed every man to take warning for the raking up of his fire and the putting out of his light So that in many places at this day where a Bell customably is rung toward Bed-time it is said to ring Curfew Stowes annals Curia avisare vult is a deliberation that the Court purposeth to take upon any point or points of a cause before judgement be resolved on For this see the new Book of Entries verbo Curia advisare vult Curia claudenda is a Writ that lyeth against him who should fence and close up his ground if he refuse or deferre to do it Regist orig fol 155. Fitzh nat br fol. 127. See also the new Book of Entries verbo Curia claudenda Cursiter clericus de cursu vel cursista curiae cancellariae is an Officer or Clerk belonging o the Chancerie that maketh out original Writs anno 14 15 H. 8. cap. 8. They be called Clerks of Course in the oath of the Clerks of the Chancery appointed anno 18 Ed. 3. stut 5. cap. unico There be of these 24 in number which have allotted unto every of them certain Shires into the which they make out such original writs as are by the subject required and are a Corporation among themselves Curteyn curtana was the name of King Edward the Saint his Sword which is the first Sword that is carried before the Kings of this Land at their Coronation Matthaeus Parisiens in Henrico tertio And I have heard say that the point thereof is broken which may argue an emblem of Mercie Curtilage See Curtelage Custode admittendo Custode amovendo are Writs for the admitting or removing of Gardians Reg. orig in indice Custom consuetudo is all one in signification with our Common Lawyers and Civilians being by them both accounted a part of the law Consuetudo quandoque pro lege servatur saith Bracton in partibus ubi fuerit more utentium approbata Longaevi enim temporis usus consuetudinis non est vilis authoritas lib. 1. cap. 3. It may be thus not unaptly defined Custome is a law or right not written which being established by long use and the consent of our Ancestors hath been and is daily practised our Ancestors that is majores and those of our kindred that are Ultra tritavum lib. 4. § parentem Ï€. de in jus vocando lib. ult § parentes Ï€. de gradibus affini nominibus eorum So that allowing the father to be so much older than his son as pubertas or the years of generation do require the Grandfather so much elder than him and fo forth usque ad tritavum we cannot say that this or that is a Custome except we can justifie that it hath continued so one hundred years For tritavus must be so much elder than the party that pleadeth it yet because that is hard to prove it is enough for the proof of a Custome by witnesse in the Common law as I have credibly heard if 2 or more can depose that they heard their Fathers say that it was a custome all their time and that their Fathers heard their Fathers also say that it was likewise a custome in their time If it be to be proved by record the continuance of a hundred years will serve Custome is either general or particular General I call that which is current thorow England whereof you shall read divers in the Doctor and Student lib. pri c. 7. very worthy to be known Particular is that which belongeth to this or that County as Gravelkind to Kent or to this or that Lordship City or Town Custome differeth from Prescription for that cuâ—ome iâ— common to more and Prescription in some mens opinion is particular to this or to that man Again Prescription may be for a farre shorter time than a Custome viz. for five years or for one year or lesse Example of five years Prescription you have in the levying of a Fine For if a Fine duly levied of Lands and Tenements be not impugned within five years it excludeth all claim for ever And if a man omit his continual claim for a year and a day then the Tenent in possession prescribeth an immunity against the entry of the Demandant his Heir Fitz. nat br fol. 79. Terms of the law verbo continual claim Out of our statutes you may have greater diversity which see collected in mine Institutes titulo de Usucapio longi tempo praescript So that Brissonius in his 14 de verbo signif seemeth to say truly that Prescription is an exception founded upon so long time run and past as the Law limiteth for the pursute of any action An example may be taken from those statutes anno 1 H. 8. cap. 4. which enacteth that in all action popular information shall be made within three years after the offence committed or else be of no force Of like nature is the Statute anno 7 H. 8. cap. 3. which in some cases maketh one years prescription sufficient against informations Custome is also used for the tribute or tolle that Merchants pay to the King for cartying in and out Merchandise anno 14 Ed. 3. stat 1. cap. 21. in which signification it is Latined Custuma Register orig fol. 138. a. r 29. a. And lastly for such services as Tenents of a Mannor owe unto their Lord New book of Entries verbo Custome Customary tenents tenentes per consuetudinem are such Tenents as hold by the Custom of the Mannor as their special evidence See Copie-holds Custos brevium is the principal Clerk belonging to the Court of Common Plees whose office is to receive and keep all the Writs and put them upon files every return by it self and at the end of every Term to receive of the Protonotaries all the Records of Nisi prius called the postea For they are first brought in by the Clerk of Assise of every circuit to the Protonotary that entred the issue in that matter for the entring of the Judgement And then do the Pronotaries get of the Court peremptory day for every party to speak what he hath to allege in arrest of Judgement which day being past he entreth the Verdict and Judgement thereupon into the rols of the Court and that done he doth in the end of the Term deliver over to the Custos brevium all the Records of
the bestowing or assuring of a Dower See Dower But it is sometime used Metaphorically for the setting forth or severing of a sufficient portion for a Vicar toward his perpetual maintenance when the Benefice is appropriateâ— See Appropriation And the Statute An. 15. R. 2. c. 5. Endowment de la plus belle parte is where a man dying seised of some lands holding in Knights service and other some in socage the Widow is sped of her Dower rather in the lands holding in soccage than Knights service Of this read Litleton more at large lib. 1. cap. 5. Enfranchisement cometh of the French Franchise i. libertas and is in a manner a French word of it self it signifieth in our Common law the incorporating of a man in any society or body politick For example he that by Charter is made Denizen of England is said to be infranchised and so is he that is made a Citizen of London or other City or Burgesse of any Town Corporate because he is made partaker of those liberties that appertain to the Corporation whereinto he is infranchised So a villain is infranchised when he is made free by his Lord and made capable of the benefits belonging to the free-men Englecerie Engleceria is an old abstract word signifying nothing else but to he an English-man For example if a man be privily slain or murdered he was in old time accounted Francigena which word comprehendeth every alien until Englecerie was proved that is until it were made manifest that he was an English-man A man may marvel what meaning there might be in this but Bracton cleareth the doubt who in his third book tract 2. cap. 15. num 3. telleth us that when Canutus the Danish King having setled his estate here in peace did at the request of our Barons disburden the land of his army wherein he accounted his greatest safety and conditioned with them that his Countrey-men which remained here should continue in peace and the more to secure that that for every Francigena under which word as is above said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be levied to his Treasurie 66 marks out of the village where the murther was committed or out of the Hundred if the Village were not able to pay it and further that every man murthered should be accounted Francigena except Englecery were proved which how it was to be proved look the seventh Number in the same Chapter And see also Horns mirrour of Justices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Engleceris for the abuses and troubles that afterward were perceived to grow by it was clean taken away by a Statute made Anno 14. Edward 3. capite quarto Enheritance See Inheritance Enquest Inquifitio is all one in writing with the French word and all one in signification both with the French and Latine Howbeit it is especially taken for that inquisition that neither the Romans nor French men ever had use of that I can learn And that is the Enquest of Jurors or by Jurie which is the most usual trial of all causes both Civil and Criminal in our realm For in causes Civil after proof is made on either side so much as each party thinketh good for himself if the doubt be in the fact it is referred to the discretion of twelve indifferent men empaneled by the Sheriff for the purpose and as they bring in their Verdict so judgement passeth For the Judge faith the Jurie findeth the fact thus then is the Law thus and so we judge For the Enquest in causes criminal see Jurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An Enquest is either of office or at the mise of the party Stawn pl. cor lib. cap. 12. Entendment cometh of the French entendiment i. intellectus ingenium It signifieth in our Common law so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayl feudum talliatum cometh of the French entaille i. inscisus and in our Common law is a substantive abstract signifying Fee-tail or Fee-intailed Litleton in the second Chapter of his Book draweth Fee-tail from the verb Talliare which whence it cometh or whether it will I know not whereas in truth it must come from the French taille i. sectura or tailler i. scindere secare And the reason is manifest because Fee-tail in the Law is nothing but Fee abridged scanted or currelled as you would say or limited and tyed to cettain conditions Taille in France is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorum lib. 3. cap. Talea See Fee See Tail Enterpleder Interplacitare is compounded of two French words entre i. inter and pleder i. disputare and it signifieth in our Common law as much as cognitio praejudicialis in the Civil Law that is the discussing of a point incidently falling out before the principal cause can take end For example two several persons being found Heirs to Land by two several offices in one Countie the King is brought in doubt to whether livery ought to be made and therefore before Livery be made to either they must enterplead that is formerly trie between themselves who is the right Heir Stawnf praeroga cap. 12. See more examples in Broke titulo Enterpleder Entire tenancie is contrary to several Tenencie signifying a sole possession in one man whereas the other signifieth joynt or common in more See Broke several Tenencie See the new book of Entries verbo Entier tenancie Entry Ingressus cometh of the French entree i. introitus ingressus aditus and properly signifieth in our Common law the taking possession of Lands or Tenements See Plowden Assise of fresh force in London fol. 93. b. It is also used for a Writ of possession for the which see Ingressu And read West also parte 2. Symbol titulo Recoveries Sect. 2. 3. Who there sheweth for what things it lyeth and for what things it lyeth not Of this Britton in his 114. Chapter writeth to his effect The Writs of entry savour much of the right of poverty As for example some be to recover customes and services in the which are contained these two words solet debet as the Writs Quo jure Rationalibus divisis rationabili est overio with such like And in this place of entrie there be three degrees The first is where a man demandeth Land or Tenements of his own seisin after the Term is expired The second is where one demandeth Lands or Tenements let by another after the Term expired The third where one demandeth Lands or Tenements of that Tenent that had entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is withour degrees and in case of a
English and the French word seemeth to come of Feriae because it is alwayes incident to the privilege of a Fair that a man may not be arrested or molested in it for any other debt than first was contracted in the same or at least was promised to be payed there anno 17 Ed. 4. cap. 2. anno 1 R. 3. cap. 6. Fair-pleading see Beaw-pleader Faitours seemeth to be a French word antiquated or something traduced For the modern French word is faiseur i. factor It is used in the Statute anno 7 R. 2. cap. 5. And in the evil part signifying a bad doer Or it may not improbably be interpreted an idle liver taken from faitardise which signifieth a kind of num or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabond Falk-land alià s Folk-land See Copy-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasseâ— committed against a man by imprisoning him without lawful cause it is also used for the Writ which is brought upon this trespasse Fitzh nat br fol. 86. K. 88. P. v. Broke h. t. See the new book of Entries verbo False imprisonnement Falso judicio is a Writ that lyeth for salse judgement given in the County Hundred Court Baron or other Courts being no Court of Record be the Plea real or personal Regist orig fol 15. Fitzh nat br f l. 17. See the new book of Entries verbo False judgement False prophecies See Prophecies Falso reâ—urno brevium is a Writ lying against the Sheriff for false returning of Writs Reg. â—â—dic fol. 43. b. Falsifie seemeth to signifie as much as to prove a thing to be false Perkins Dower 383 384 385. Farding or farthing of gold seemeth to be a Coyn used in ancient times containing in value the fourth part of a Noble viz. twenty pence silver and in weighth the sixth part of an ounce of gold that is of five shillings in silver which is three pence and something more This word is found anno 9 H. 5. statut 2. cap. 7. thus Item that the King do to be ordained good and just weight of the noble half noble and farthing of gold with the rates necessary to the same for every City c. By which place it plainly appeareth to have been a Coin as well as the noble and half noble Farding deal alià s Farundel of Land Quadrantata terrae signifieth the fourth part of an Acre Cromptons Jurisdict f. 220. Quadrantata terrae is read in the Regist. orig fol. 1. b. where you have also Denariata obolata solidata librata terrae which by probability must rise in proportion of quantity from the farding deal as an half penny penny shilling or pound rise in value and estimation then must obolata be half an acre denariata an acre solidata twelve acres and librata twelve score acres And yet I finde viginti libratas terrae vel reditus Register orig fol. 94. a. fol. 248. b. Whereby it seemeth that Librata terrae is so much as yeeldeth twenty shillings per annum and centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitzherb nat br fol. 87. f. I find these words viginti libratas terrae vel reditus which argueth it to be so much Lands as twenty shillings per annum See Furlong Fate or Fat is a great wooden Vessel which among Brewers in London is ordinarily used at this day to measure Mault by containing a Quarter which they have for expedition in measuring This word is read Anno 1 H. 5. cap. 10. anno 11 H. 6. cap. 8. FE Fealty Fidelitas cometh of the French feaulte i. fides and signifieth in our Common law an oath taken at the admittance of every Tenent to be true to the Lord of whom he holdeth his Land And he that holdeth Land by this onely oath of fealty holdeth in the freest manner that any man in England under the King may hold Because all with us that have Fee hold per fidem fiduciam that is by fealty at the least Smith de Republ. Anglor lib. 3. cap. 8. for fidelitas est de substantia feudi as Duarenus saith de feud cap. 2. num 4. and Matthaeus de afflictis decis 320. num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of his oath as it is used among the Feudists you may read well expressed by Zasius in his Tractare de feudis parte 7. num 15 16. which is worth the comparing with the usual oath taken here in our part of Britanie This fealty is also used in other Nations as the Lombards and Burgundians Cassâ—nae us de consuet Burgund pag. 419 420. And indeed the very first creation of this Tenure as it grew from the love of the Lord toward his followers so did it bind the Tenent to fidelity as appeareth by the whole course of the Feods And the breach thereof is losse of the Fee Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecins in tract de feudis cap. 15. num 4. seq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hoteman in his Commentaries De verbis feudalibus sheweth a double fealty one generall to be performed in every subject to his Prince the other special required onely of such as in respect of their Fee are tyed by this oath toward their Land-lords both we may read of in the Grand Custumary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into Latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Unde tenentur sc ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec ejus inimic is praebere contra ipsum consilium vel juvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Unde nullus homagium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate Quod etiam est in eorum receptbone specialiter exprimendum Inter Dominos autem alios homines fides taliter debet observari quod neuter in personam alterius personâ—lem violentiam seu percutionis injectionem cum violentia debet irrogari Si quis enim eorum ex hoc fuerit accusatus in curia convictus feudum omne debet amittere c. This fealty special is with us performed either by Free-men or by Villains The form of both see anno 14 Ed. 1. stat 2. in these words When a Free-man shall do fealty to his Lord he shall hold
hurried to the Kings Bench if the cause were too high for the County Court They differed from the Justices of Oyer and Terminer because they as is above-said were sent upon some one or few especial cases and to one place whereas the Justices in Eyre were sent through the Provinces and Counties of the land with more indefinite and general Commission as appeareth by Bracton lib. 3. cap. 11 12 13 and Britton cap. 2. And again they seem to differ in this because the Justices of Oyer and Terminer as it is before said were sent uncertainly upon any uproar or other occasion in the countrey but these in Eyre as M. Gwin setteth down in the Preface to his Reading were sent but every seven year once with whom Horn in his mirrour of Justices seemeth to agree lib. 2. cap. queux point estre actourrs c. and lib. 2. cap. des peches criminels c. al suyte de Roy c. and li. 3. ca. de Justices in Eyre where he also declarâ—th what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fol. 313. b. hath of them these words Justiciarii itinerantes constituti per Henricum secundum i. qui divisit regnum suum in sex partes per quarum singulas tres Justiciarios itinerantes constituit quorum nomina haec sunt c. Justices of Gaol delivery Justiciarii ad Gaolas deliberandas are such as are sent with Commission to hear and determine all causes appertaining to such as for any offence are cast into the Gaol part of whose authority is to punish such as let to Mainprise those prisoners that by law be not baileable by the Statute de finibus cap. 3. Fitz. nat br fol. 151. I. These by likelihood in antient time were sent to Countries upon this several occasion But afterward Justices of Assise were likewise authorised to this anno 4 Ed. 3. cap. 3. Their oath is all one with other of the Kings Justices of either Bench Old Abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of labourers were Justices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or have unreasonable wages See anno 21 Edvardi 3. cap. primo anno 25 ejusd cap. 8. an 31 ejusd cap. 6. Justices of Nisi prius are all one now adayes with Justices of Assises for it is a common Adjournment of a cause in the Gommon Plees to put it off to such a day Nisi prius Justiciarit venerint ad eas parte ad capiendas Assisas and upon this clause of Adjournment they are called Justices of Nisi Prius as well as Justices of Assises by reason of the writ or action that they have to deal in their Commission you may see in Cromptons Jurisdictions fol. 204. yet M. Crompton maketh this difference between them because Justices of Assise have power to give judgement in a cause but Justices of Nisi prius only to take the verdict But in the nature of both their functions this seemeth to be the greatest difference because Justices of Nisi prius have to deal in causes personal as well as real whereas Justices of Assise in strict acception deal only with the possessory writs called Assises Justices of trial baston alià s of trayl baston were a kind of Justices appointed by King Edward the first upon occasion of great disorder grown in the Realm during his absence in the Scotish and French warres they are called in the Old nat brev fol. 52. Justices of trial Baston but by Holynshed and Stow Ed. pri of Trail baston or trailing or drawing the staff as Holynshed saith Their office was to make inquisition through the Realm by the verdict of substantial Juries upon all officers as Maiors Sheriffs Bayliffs Escheators and others touching extortion briberies and other such grievances as intrusions into other mens lands and Barratours that used to take money for beating of men and also of them whom they did beat by means of which inqusitions many were punished by death many by ransome and so the rest flying the Realm the land was quieted and the King gained great riches toward the supporting of his wars Inquire farther of the name Baston is thought by some to be the beam of a pair of Scoales or Weights And this is in this place metaphorically applied to the just peising of recompence for offences committed My poor opinion is that the etymologie of this title or addition groweth from the French Treilles i. cancelli bars or lettises of what thing soever a grate with crosse bars or of the singular Treille i. pargula an house arbour a rail or form such as vines run upon and Baston a staff or pole noting thereby that the Justices imployed in this Commission had authority to proceed without any solemn Judgement Seat in any place either compassed in with railes or made Booth or Tent-wise set up with staves or poets without more work wheresoever they could apprehend the malefactors they sought for See libro Assisarum folio 57.141 Justices of Peace Justiciarii ad pacem are they that are aprointed by the kings Commission with others to attend the peace of the Countie where they dwell of whom some upon special respect are made of the Quorum because some businesse of importance may not be dealt in without the presence or assent of them or one of them Of these it is but folly to write more because they have so many things appertaining to their Office as cannot in few words be comprehended And again Justice Fitzherbert sometime sithence as also Master Lamberd and Master Crompton of late have written Bookes of it to their great commendation and fruitfull benefit of the whole Realm See also Sir Thomas Smith de repub Anglorum lib. 2. cap. 19. They were called Gardians of the Peace until the 36. year of king Edward the third cap. 12. where they be called Justices Lam. Eirenarcha lib. 4. cap. 19. pag. 578. Their oath see also in Lamberd lib. 1. cap. 10. Justices of Peace c. within Liberties Justiciarii ad pacem infra libertates be such in Cities and other Corporate Towns as those others be of any County and their authoritie or power is all one within their several precincts Anno 27 H. 8. cap. 25. Justicies is a Writ directed to the Sheriff for the dispatch of Justice in some especiall cause wherewith of his own authoritie he cannot deal in his County Court lib. 12. cap. 18. whereupon the Writ de Excommunicato deliberando is called a Justicies in the Old nat brev fol. 35. Also the Writ de homine replegiando eodem fol. 41. Thirdly the Writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Justicies the Sheriff may hold plee of a great summe whereas of his ordinary authoritie he cannot hold plees but
I find in the Statute for Knights anno prim Ed. 2. cap. prim that such as had twenty pounds in fee or for term of life per annum night be compelled to be Knights Master Stowe in his Annals pag. 285 saith there were found in England at the time of the Conqueror sixty thousand two hundreds and eleven Knights fees others say 60215. whereof the religious Houses before their suppression were possessed of 28015. Knights fee is sometime used for the Rent that a Knight payeâ—h for his fee to his Lord of whom he holdeth And this is an uncertain sum some holding by forty shillings the shield some by twenty shillings as appeareth by Bracton lib. 5. tract prim ca. 2. Knighton gylde was a Gylde in London consisting of ninteen Knights which King Edgar founded giving unto them a portion of void ground lying without the walls of the City now called Portsokenward Stowe in his Annals pag. 151. LA LAborariis is a Writ that lyeth against such as having not whereof to live do refute to serve or for him that refuseth to serve in Summer where he served in Winter Orig. Regist fol. 189 b. Laches commeth of the French Lascher i. laxare or lasche i. frigidus ignavus flaccidus It signifieth in our Common law negligence as no Laches shall be adjudged in the Heir within age Litleton fo 136. and Old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot have an Assise but I must take mine Action upon the Case Lagon see Flotzon Laisedlists an 1 R. 3. ca. 8. Land tenent anno 14 Edw. 3. stat 1. ca. 3. anno 23 ejusdem cap. 1. 26. ejusdem stat 5. cap. 2. See Terre-tenent anno 12 R. 2. ca. 4. an 4 H. 4. c. 8. It is joyned with this word Possessor as Synonymon v. anno 1 H. 6. ca. 5. See Terretenant Lants de crescentia Walliae traducexdis absque custuma c. is a Writ that lyeth to the Customer of a Port for the permitting one to passe over Woolls without Custome because he hath paid Custome in Wales before Register fol. 279. Lapse Lapsus is a slip or departure of a right of Presenting to a void Benefice from the original Patron neglecting to present within six months unto the Ordinary For we say that Benefice is in lapse or lapsed whereunto he that ought to present hath omitted or slipped his opportunity anno 13 Elizab cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance as privy except only upon the Resignation of the former Incumbent or the Deprivation upon my cause comprehended in the Statute anno 13 Eliz. cap. 12. Panor in ca. quia diversitatem num 7. de concess praebend Rebuffus de devolut in praxi benesiciorum Lancelotus de collation lib. 1. Institut Canon § Tempus autem In which Cases the Bishop ought to give notice â—o the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Sym. titulo Inditements to be theft of personal goods or chattells in the Owners absence and in respect of the thing stolne it is either great or small Great Larcenny is wherein the things stoln though severally exceed the value of 12 d. and Petit Larceny is when the goods stoln exceed not the value of 12 d. hitherto M. West But he differeth from Bracton lib. 3. tract 2. cap. 32. nu 1. Of this see more in Stawnf pl. cor li. 1. cap. 15 16 17 18 19. Laghslâ—te is compounded of lah i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb. explication of Saxon words verbo Mulcta Last is a Saxon word signifying a burden in general as also particularly a certain weight for as we say a last of Hering so they say Ein last cornes last wines c. chence commeth Lastage which see in Lestage A Last of Hering containeth ten thousand anno 31. Ed. 3. stat 2. cap. 2. A Last of â—itch and tar or of ashes containeth 14 parrells anno 32 H. 8. cap. 14. A Last of hides anno 1 Jac. ca. 33. containeth 12 dozen of hides or skins Latitat is the name of a Writ whereby all men in personal actions are called originally to the Kings Bench Fitz. natura brevium fol. 78. M. And it hath the name from this because in respect of their better expedition a man is supposed to lurk and therefore being served with this writ he must put in security for his appearance at the â—ay for latitare est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes l. Eulcinius § Quid sit latitare Ï€. Quibus ex eausis in possessionem eatur But to understand the true original of this Writ it is to be known â—hat in ancient time whilest the Kings Bench was moveable and followed the Court of the King the Custom was when any man was to â—e sued to send forth a Writ to the Sheriff of â—â—e County where the Court lay for the calling â—im in and if the Sheriff returned Non est inventus in Baliva nostra c. then was there a second Writ procured forth that had these words Testatum est â—um latitare c. and thereby the Sheriff willeth to attach him in any other place where he might be found Now when the tribunal of the Kings Bench came to be setled at Westminster the former course of Writ was kept for a long time first sending to the Sheriff of Middlesex to summon the party and if he could not be found there then next to apprehend him wheresoever But this seeming too troublesome for the Subject it was at last devised to put both these wits into one and so originally to attach the party complained of upon a supposall or fiction that he was not within the County of Middlesex but lurking elsewhere and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a Writ directed the Sheriff of the County where he is suspected to be And by this Writ a man being brought in is committed to the Marshall of that Court in whose custody when he is then by reason he is in the same County where the Kings Bench is he may be sued upon an Action in that Court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that Court I have been informed that the bringing of these Actions of Trespass so ordinarily to the Kings Bench was an invention of Councellors that because only Sergeants may come to the Common Pleas Bar found a means to set themselves on work in that Court The form of this Writ is such Jacobus Dei gratia Angliae Franciae Scotiae Hibernia Rex fidei defonsor c. Vicecomisi Cantabridgiae salutem
do it And therefore whereas the Rhetoricians comprise all the substance of their discourses under three Questions An sit quid sit quale sit this Answer falleth under the first of the three all other Answers are under one of the other two And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the sute of the King or other wherein the Defendant denyeth the crime objected unto him See the New Book of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an Answer to a Declaration wherby a man denyeth that to be his Deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento sine brevi is a Writ to inhibit Bailiffs c. from distreining any man without the Kings Writ touching his Freehold Register fol. 171. b. Non intromittendo quando breve praecipe in capite subdolè impetratur is a Writ directed to Iustices of the Bench or in Eyr willing them not to give one hearing that hath under the colour of intitling the King to Land c. as holding of him in Capite deceitfully obtained the Writ called Praecipe in capite but to put him to this Writ of Right if he think good to use it Register original fol. 4. b. Non Mercandizando victualia in a Writ directed to the Justices of Assise commanding them to inquire whether the Officers of such a Town do sell Victuals in gross or by retayl during their Office contrary to the Statute and to punish them if they find it true Regist fol. 184. Non molestando is a Writ that lyeth for him which is molested contrary to the Kings Protection granted him Register fol. 24. Non omittas is a Writ lying where the Sheriff delivereth a former Writ to a Bayliff of a Franchise within the which the party on whom it is to be served dwelleth and the Bayliff neglecteth to serve it for in this Case the Sheriff returning that he delivered it to the Bayliff this shall be directed to the Sheriff charging him himself to execute the Kings commandement Old nat brev fol. 44. of this the Regist. orig hath three sorts fol. 82. b. 151. and the Register judic one folio 5 56. Non penendo in Assisis Juratis is a Writ founded upon the Stat. Westm 2. ca. 38. and the stat Articuli super Chartas cap. 9. which is granted upon divers causes to men for the freeing them from Assises and Juries See Fitz. nat brev fol. 165. See the Regist fol. 179 100 181 183. Non precedendo ad Assisam Rege inconsulto is a writ to stop the Tryal of a Cause appertaining unto one that is in the Kings service â— c. untill the Kings pleasure be farther known Register fol. 220. a. Non residentia pro clericis regis is a Writ directed to the Ordinary sharging him not to molest a Clerk imployed in the Kings service by reason of his non residence Regist orig folio 58. b. Non sute is a renunciation of the sute by the Plaintiff or demandant when the matter is so far proceeded in as the Jury is ready at the Bar to deliver their verdict anno 2 H. 4. cap. 7. See the New Book of Entries verbo Non-sute The Civilians term it Litis renunciationein Non solvendo pecuniam ad quam Clericus muâ—ctatur pro non residentia is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the King for Non-residence Reg. orig fol. 59. Non-tenure is an exception to a count by saying that he holdeth not the Land specified in the count or at the least some part of it anno 25 Edw. 3. statut 4. cap. 16 West parte 2. Symbol titulo Fines Sect. 138. maketh mention of Non tenure general and Non tenure special See the New Book of Entries Verbo Non tenure where it is said that especial Non tenure is an exception alleging that he was not Tenent the day whereon the writ was purchased Non tenure general is then by Likelyhood where one denyeth himself ever to have been Tenent to the Land in question Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae is on exception taken to any Act declared by the Plaintiff or Demandant to be done by another whereupon he groundeth his Plaint or Demand And the Contents of this Exception be that the party that did that Act being himself or any other was not well in his wits or mad when he did it See the New Book of Entries titulo nonsane memorie and Dum non fuit compos mentis See also supra Non compos mentis Non term non terminus is the time of Vacation between Term and Term. It was wont to be called the times or days of the Kings peace Lamb. Archaiono fol. 126. and what these were in the time of King Edward the Confessour see there This time was called Justicium or Feriae among the Romans or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotiis jure dicendo vacabat Earum autem aliae solennes erant alia repentinae Brisson de verb. signif lib. 6. vide Wesenbec paratit De Feriis num 6. Note of â— Fine nota finis is a brief of a fine made by the Chirographer before it be ingrossed The form whereof see in West parte 2. Symbol titulo Fines Section 117. Novel assignment nova assignatio is an assignment of time or place or such like otherwise than as it was before assigned In Brook you may find these words in effect titulo Deputy num 12. See novel assignment of Trespass in a new place after Bar pleaded Brock tit Trespass 122. and novel assignment in a Writ de ejectione custodiae titulo Ejectione custodiae num 7. See Assignment NU Nuae mater See Mater Nunne Nonna is the French word nonnain or nonne something altered which signifieth a holy or confecrated Virgin or a woman that hath by vow bound her self to a single and chaste life in some place and Company of other women seperated from the world and addicted to an especial service of God by Prayer Fasting and such like holy exercises If we would know whence this word came into France Saint Hierome maketh it an Aegyptian word as Hospinian recordeth of him in this Book De origine progressu monachatus fol. 2. Nuper obiit is a Writ that lyeth for a Co-heir being deforced by her Co-heir of Lands or Tenements whereof the Grandfather Father Uncle or Brother to them both or any other their Common Ancesters died seised of an Estate in Fee-simple See the form of the Writ Origin Regist fol. 226 c. Fitzh nat brev fol. 197. If the Ancestor died sessed in Fee tail then the Co-heir deforced shall have a Formedon Idem
of S. Adrian and the Popes Legate here in England anno 15 Hen. 3. as appeareth by the award made between the said King and his Commons at Kenelworth his constitutions we have at this day in use OU Ouch anno 24 H. 8. cap. 13. Ouster le main Amovere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common Law a Iudgement given for him that tendeth a travers or sueth a Monstrance de droit or petition For when it appeareth upon the matter discussed that the King hath no right nor title to the thing he seised then Iudgement shall be given in the Chauncery that the Kings hands be amoved and thereupon Amoveas manum shall be awarded to the Escheator which is as much as if the judgement were given that hee shall have again his land v. Stawnf praerog ca. 24. See anno 28 Ed. 1. stat 3. ca. 19. it is also taken for the writ granted upon this petition Fitz. nat br fol. 256. C. It is written oter le maine anno 25 Hen. 8. cap. 22. Ouster le mer ultra mare cometh of the French oultre i. ultra and le mer i. mare and it is a cause of excuse or Essoin if a man appear not in Court uppon Summons See Essoin Out fangthief alids uifangthef is thus defined by Bracten lib. 3. tra 2. ca. 34. Vifangthef dicitur latro extraneus veniens aliunde de terra aliena qut captus fuit in terra ipsius qui tales habet libertaces but see Eritton otherwise fol. 91. b. It is compounded of three Saxon words out i. extra fang i. capto vel captus and Thef i. fur It is used in the common law for a liberty or a privilege whereby a Lord is inabled to call any man dwelling within his own fee and taken for felony in any other place and to judge him in his own Court. Rastals expos of words Oenliy of services is an equality when the Tenent paravail oweth as much to the mesn as the mesn doth to the Lord paramont Fitz. nat br folio 136. A. B. Outlawry utlagaria is the losse or deprivation of the benefit belonging to a subject that is of the Kings protection and the Realm Bractor lib. 3. tract 2. cap. 11. num pri nu 3. Forisfacit utlagatus omnia quae pacis sunt Quia à tempore quo utlagatus est caput gerit lupinum ita quòd ab â—mnibus intersici possit impunè maximè si se defenderit velfugerit ita quòd difficilis sit ejus captio nu 4. Si autem non fugerit necse defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outparters anno 9 H. 5. cap. 8. seemeth to be a kind of theeves in Ridesdall that ride abroad at their best advantage to fetch in such cattell or other things as they could light on without that liberty some are of opinion that those which in the fore-named Statute are termed out-parties are at this day called out-putters and are such as set matches for the robbing of any man or house as by discovering which way he rideth or goeth or where the house is weakest and fittest to be entered See Intakers Outryders seem to be none other but Bayliffs errants employed by the Sheriffs or their fermers to ride to the farthest places of their Counties or Hundreds with the more speed to summon to their County or Hundred Courts such as they thought good to work upon anno 14. Edw. 3. stat 1. ca. 9. OX Oxgang of land bovata terrae Six Oxgangs of land seem to be so much as six oxen will plough Cromptons Jurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lieth in gainour Old nat br fol. 117. M. Skene de verb. signif verbo Bovata terrae saith that an oxen gate of land should alway contain 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See Librata terrae OY Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our Law a Commission especially granted to certain men for the hearing and determining of one or more causes This was wont to be in use upon some sodain outrage or insurrection in any place Cromptons jurisd fol. 131 132. See The Statute of Westm 2. cap. 29. anno 13. Edv. 1. who might grant this commission And see Fitzherb nat br fol. 100. for the form and occasion of the writ as also to whom it is to be granted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordium is a petition made in Court that the Iudges for better proofs sake will be pleased to hear or look upon any Record P PA PAcking whites anno 1. R. 3. cap. 8. Pain fort dur paena fortis dura is in true French peine fort dure It signifieth in our common Law an especiall punishment for those that being arraigned of felony refuse to put themselves upon the ordinary try all of God and the Country and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded upon the Statute of Westm prim ca. 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parliament maketh no mention of it and Britton writeth after that time touching it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquit themselves let them be put to their penance untill such time as they doe desire tryall and let the penance be such viz. Let them be bare legged without girdle and without hat or cap in their coat only and lie in prison upon the naked earth day and night And let them eat no bread but of barly and brand nor drink any other than water and that upon that day when they cat not And let them be chained Stawnford in his said 60. chapter of his second book expoundeth it more plainly and particularly in this sort And note that this strong and hard pain shall be such sc He shall be sent back to the prison whence he came and layed in some lowe dark house where he shall lie naked upon the earth without any litter rushes or other cloathing and without any rayment about him but only something to cover his privie members And he shall lie upon his back with his head covered and his feet And one arme shall be drawn to one quarter of the house with a cord and the other arme to another quarter and in the same manner let it be done with his leggs and let there be laid upon his body iron and stone so much as he may bear or more and the next day following hee shall have
three morsells of barley bread without drink and the second day he shall have drink three times and as much at each time as he can drink of the water next unto the prison door except it be running water without any bread And this shall be his dyet untill he die Palatin See County Palatin See Cassan de consuctud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum cometh of the French panne i. pellis or paneau a piece or pain as wee call it in English It signifieth in our common law a shedule or rolle containing the names of such Iurors as the Shyreeve provideth to passe upon any triall Register orig fol. 223. a. Kitchin fol. 266. See Broke hoc titulo And thereupon the empannelling of a Iury is nothing but the entering of them into the Shyreeves rolle or book Paunage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Parramounte aliâs peremounte cometh of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenant to a Lord that holdeth over of another Lord and the former of those is called Lord mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 289 consisteth only in comparison as one man may be great being compared with a lesser and little being compared with a greater and as Genus among Logicians may be in divers respects both genus species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is Patron paramount to all the benefices in England Doctor and student ca. 36. See Paravaile Maner and Fee Paravail alias Peravaile is compounded of two French words par i. per and aveller i. dimitteree demittere It signifieth in our common Law the lowest Tenant or him that is tenant to one who holdeth his fee over of another So is it used pl. cor fol. 197. Fitzh nat br fol. 135 M. See Paramounte See Mesn Parcellmakers are two officers in the eschequer that make the parcells of the escheators accompts wherein they charge them with every thing they have levyed for the Kings use within the time of their office and deliver the same to one of the Auditors of the court to make an accompt of the escheator thereof Parceners See Coparceners Parcinarie participatio cometh of the French partir i. dividuum facere It signifieth in our common Law a holding or occupying of land by more pro indiviso or by joynt tenants otherwise called Coparceners of the French parsonier i. parciarius particeps For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in parcinarie Litl fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the ancient Romans particulones sic enim anthore Nonio à veteribus cohaeredes inter se dicebantur quod paries invicem facerent Spigelius Pardon pardonatio is a French word signifying as much as pax venia gratia It is used most notoriously in our common Law for the remitting or forgiving of a felonious or other offence committed against the King This pardon is two-fold one ex gratia Regis the other per cours de ley by course of law Stawnf pl. cor fol. 47. Pardon ex gratia Regis is that which the King in some speciall regard of the person or other circumstance sheweth or affordeth upon his absolute prerogative or power Pardon by course of Law is that which the law in equity affordeth for a light offence as homicide casuall when one killeth a man having no such meaning Westm parte 2. symbel titulo Inditements sect 46. Of this see the new book of Entries verba Pardon Pardoners anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report incensed the people of Germany in his time exhorting them ne merees tam viles tantiemerent Park parcus cometh of the French parquer i vallo vel fossa cicundare It signifieth with us a piece of ground inclosed and stored with wild beasts of chase Which a man may have by prescription or the Kings grant Cromptons Jurisd fol. 148. M. Manwood parte pri of his Forest laws pag. 148. defineth it thus A park is a place for privilege for wild beasts of venery and also for other wild beasts that are beasts of the Forest and of the chase tam sylvestres quam campestres And all those wild beasts are to have a firm peace and protection there So that no man may hurt or chase them within the park without license of the owner of the same Who also fol. 149. saith thus A park is of another nature than either a chase or a warren is For a park must be inclosed and may not lie open for if it doe that is a good cause of seisure of the same into the hands of the King as a thing forfeited as a free chase is if it be inclosed And moreover the owner cannot have an action against such as hunt in his park if it lie open See Forest See Chase See Warren This word Park Baldwinus deriveth à paradiso enmque locum esse dicit in quo varia animalia ad usum voluptatis aut venationis includuntur possidentur adempta naturali libertate Adtis de rerum divis in Institutionib Parco fracto is a writ which lyeth against him that violently breaketh a Pound and taketh out beasts thence which for some trespasse done upon another mans ground are lawfully impounded Register original fol. 166. Fitzh nat br fol. 100. Parish parochia cometh of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Accolarnm conventus accolaius sacra vicinia it is used in the Canon law sometime for a Bishoprick But in our common Law it signifieth the particular charge of a secular Priest For every Church is either Cathedrall Coven nal or parochiall Cathedrall is that where there is a Bishop seated so called à Cathedra Coventual consisteth of Regular Clerks professing some order of religion or of Deane chapter or other college of spiritual men Parochial is that which is instituted for the sayingof divine Service ministring the holy Sacraments to the people dwelling within a certain compass of ground neer unto it Our Realm was first divided into Parishes by Honorius Archb. of Canterbury in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis cap. 2. maketh mention of this word parochia out of Pomponius Letus in these words Nam sic quoque Pomponins Letus veâ—eâ—em consuetudinem fuisse scribit
placitum commeth of the French ploid i. lis controversia It signifieth in our Common law that which either party allegeth for himself in Court And this was wont to be done in French from the Conquest untill Edward 3. who ordained them to be done in English a. 36. cap. 15. Pleas are divided into pleas of the Crown and Common pleas Pleas of the Crown in Scotland be 4. robberie rape murder and wilfull fire Skene de verb. sign verb. Placitum With us they be all sutes in the Kings name against offences committed against his Crown and dignity Stawnf pl. cor cap. 1. or against his Crown and peace Smith de repub Angl. li. 2. cap. 9. And those seem to be treasons felonies misprisions of either and mayhem For those only doth that reverend Judge mention in that tractat Common pleas be those that be held between Common persons Yet by the former definitions these must comprise all other though the King be a party Plea may farther be divided into as many branches as Action which see For they signifie all one Then is there a Forein plea whereby matter is alleged in any Court that must be tryed in another As if one should lay Bastardy to another in a Court Baron Kitchin fol. 75. The word placitum is used by the Commentours upon the Feuds in the same signification that pleas be with us And Placitare with them is littgare causas agere Hotom in verb. feudal verb. Placitare Pledge Plegius commeth of the French Pleige i. fidejussor Pleiger aucun i. fidejubere pro aliquo In the same signification is Plegius used by Glanvile Libro decimo capite quinto and Plegiatio for the act of suretiship in the interpreter of the Grand Customary of Normandy capite 60. Plegii dicuntur personae quae se obligant ad hoc ad quod qui eos mittit tenebatur And in the same Book capit 89 90. Plegiatio is used as Glanvile before doth use it Salvi plepii be used for Plegii Pupill oculi parte quint. capit 22. Charta de foresta This word Plegius is used also for Frank pledge sometime as in the end of William the Conquerours Laws set out by Master Lambard in his Archaionum fol. 125. in these words Omnis homo qui voluerit se tenere pro libro sit in plegio ut plegius cum habeat ad usticiam si quid offenderit c. And these be called capital pledges Kitchin fol. dectm◠See Frank pledge Plena forisfactura and plena vita see Forfeiture Plegiis acquietandis is a Writ that lyeth for a surety against him for whom he is surety if he pay not the mony at the day Fitzherb nat br folio 137. Regist original 158. a. Plenartie is an abstract of the adjective plinus and is used by our Common Lawyers in matters of benefices Wherein plenarty and vacation be meerly contrary Stawnford prerogativ cap. octavo fol. 32. Westm secundo capit quint. anno 13 Edvard prim Plevin Plevina commeth of the French plevine i. sponsi See Replevin Plite of Lawn c. anno 3 Edw. 4. cap. 5. seemeth to be a certain measure as a yard or elle c. Plonkets anno 1 R. 3. cap. 8. is a kind of wollen cloth Pluries is a Writ that goeth out in the third place For first goeth out the original Capias which if it speed not then goeth out the Sicut aliàs and if that fail then the Pluries See Old nat br fol. 33. In the writ De excom captendo see in what diversity of cases this is used in the Table of the original Register PO Pole See Perch Polein anno 4. Ed. 4. cap. 7. seemeth to be a sharp or picked top set in the fore-part of the shooe or boot This fashion was first taken up in Richard the seconds daies the picks being made so long as they were tyed up to the knees with silver or golden chains and forbidden by Edw. the fourth Stow. pag. 4. Policy of assurance is a course taken by those which do adventure wares or merchandize by sea whereby they loath to hazard their whole adventure do give unto some other a certain rate or proportion as ten in the hundred or such like to secure the safe arival of the ship and so much wares at the place agreed upon So that if the ship and wares do miscarry the assurer maketh good to the venturer so much as he promised to secure as 20 30 100. more or lesse and if the ship do safely arive he gaineth that clearly which the venturer compoundeth to pay him And for the more even dealing between the venturer and the securer in this case there is a certain Clerk or Officer ordained to set down in writing the sum of their agreement that they afterwards differ not among themselves upon the bargain This is in coarse Latine elsewhere called assecuratio This term you have anno 43 Eliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is removed to the Common Bank Old nat br fol. 2. See in what diversity of Cases it is used in the table of the Original Register Pone per vadium is a writ commanding the Shyreeve to take surety of one for his appearance at a day assigned of this see five sorts in the table of the Register Judic verbe Pone per vadium Ponendis in assisis is a writ founded upon the statute of Westm 2. cap. 38. and upon the statute Articuli super chartas c. 9. which statutes do shew what persons Vicounts ought to impanel upon Assizes and Iuries and what not as also what number he should empanel upon Iuries and Inquests which see in the Regist orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendum in ballum is a writ whereby to will a Prisoner held in Prison to be committed to bail in cases baylable Regist. orig fol. 133. b. Ponendo sigillnm ad exceptionem is a writ whereby the King willeth Iustices according to the statute of West 2. to put their seals to exceptions laid in against the Plaintiffs declaration by the Defendant Pontage pontagiuns is a contribution towards the maintenance or re-edifying of bridges Westm 2. cap. 25. anno 13 Ed. pri It may be also toll taken to this purpose of those that pass over bridges anno 39 Eliz. cap. 24. anno 1 H. 8. cap. 9. and see the Statute anno 22 H. 8. cap. 5. Pontibus reparandis is a writ directed to the Shyreeve c. willing him to charge one or more to repair a bridge to whom it belongeth Register orig fol. 153. b. Portgreve portgrevius is compounded of two words port and greve or grave i. praefectus It signifieth with us the chief Magistrate in certain Coast towns and as M. Camden sayth in his Britan pag. 325. the chief Magistrate of London was termed by this name instead of whom Richard the first ordained two Bayliffs but presently after
message as for the appehension of a party accused or suspected of any offence committed Those that be used in Marshal causes be called Perswivants at arms anno 24 Henr. 8. cap. 13. whereof there be four in number of special names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his body was naked to the skin not so much as one clout about him and was trussed behind a Pursuyvant at arms like a hog or a calf c. The rest are used upon other messages in time of peace and especially in matters touching jurisdiction See Herald Purveyour provisor commeth of the French Pourvoire i. providere prospicere It signifieth an officer of the King or Queen or other great personage that provideth corn and other victuall for the house of him whose officer he is See magna charta cap. 22. 3 Ed. prim cap. 7. cap. 31. anno 28 ejusdem Articuli super chartas 2. and many other Statutes gathered by Rastal under this title Powldavis anno 1 Jacob. ca. 24. Power of the County posse comitatus by M. Lamberds opinion in his Eirenar li. 3. cap. 1. fol. 309 containeth the ayde and attendance of all Knights gentlemen yeomen labourers servants apprentises and villains and likewise of Wards and of other young men above the age of fifteen years within the County because all of that age are bound to have harnesse by the statute of Winchester But women ecclesiastical persons and such as be decrepit or do labour of any continual infirmity shall not be compelled to attend For the statute 2 Hen. 5. cap. 8. which also worketh upon the same ground saith that persons sufficient to travell shall be assistant in this service Pound parcus seemeth to signifie generally any inclusure of strength to keep in beasts but especially with us it signifieth a place of strength to restrain cattel being distrained or put in for any trespass done by them untill they be replevied or redeemed And in this signification it is called a pound overt or open pound being builded upon the waste of some Lord within his fee and is called the Lords Pound For he provideth it to his use and the use of his tenants See Kitchin fol. 144. It is divided into pound open and pound close pound open or overt is not only the Lords pound but a backside court yard pasture or else whatsoever whither the owner of any beasts impounded may come to give them meat and drink without offence for their being there or his comming thither pound close is then the contrary viz. such a one as the owner cannot come unto to the purpose aforesaid without offence as some close house or such like place Poundage is a Subsidy granted to the King of all manner of merchandizes of every merchant denizen and alien carried out of this Realm or brought into the same by way of Merchandize to the valew of twelve pence in every pound an 12 Ed. 6. cap. 13. an 31 Elizab. cap. 5. anno 1 Iacobi cap. 33. PR Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which every member or Canon of a Cathedral church receiveth in the right of his place for his maintenance And though use hath wrought the Latine word into the nature of a Substantive yet I think it originally to be an Adjective or Participle and to have been joined with pars or portio as Canonica portio which is in manner all one in signification Howbeit Canonica portio is properly used for that share which every Canon or Prebendary receiveth yearly out of the common stock of the Church and praebenda is a several benefice rising from some temporal land or church appropriated toward the maintenance of a Clerk or member of a collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends be either simple or with dignity Simple Prebends be those that have no more but the revenew toward their maintenance Prebends with dignity are such as have some jurisdiction annexed unto them according to the divers orders in every several Church Of this see more in the title De Praebendis dignitat in the Decretals Alciat saith that Praebenda in the plurall number and neuter gender was anciently used as now Praebenda in the singular number and feminine gender is used parerg cap. 43. Praebendary praebendarius is he that hath a praebend See Prebend Precept praeceptum is diversly taken in the Common law sometime for a commandement in writing sent out by a Iustice of peace or other for the bringing of a person one or more or records before him of this you have examples of divers in the table of the Reg. Judicial And this use seemeth to be borrowed from the customes of Lombardy where praeceptum signifieth scripturam vel inftrumentum Hot. in verbis feudal libro 3. Commentariorum in libros feudorum in praefatione Sometime it is taken for the provocation whereby one man inciteth another to commit a felony as theft or murder Stawnf pl. cor fol. 105. Bracton calleth it praeceptum or mandatum lib. 3. tract 2. cap. 19. whence a man may observe three diversities of offending in murder Praeceptum fortia consilium praeceptum being the instigation used before hand fortia the assistance in the fact as help to bind the party murdered or robbed consilium advise either before or in the deed The Civilians use mandatum in this case as appeareth by Angelus in tracta de male ficiis vers Sempronium Mandatorem Praeceptories an 32 H. 8. cap. 24. were benefices in a kind and termed preceptories because they were possessed by the more eminent sort of the Templers whom the chief master by his authority created and called praeceptores Templi Joach Stepha de Jurisdict li. 4. ca. 10. nu 27. See Comaundâ—y Praecipe quod reddat is a writ of great diversity touching both the form and use for better declaration whereof see Ingressus and Entry This form is extended as well to a writ of right as to other writs of entry or possession Old nat br fo 13. and Fitzher nat br fol. 5. And it is called sometime a writ of right close as a praecipe in capite when it issueth out of the Court of Common plees for a Tenent holding of the King in chief as of of his Crown and not of the King as of any honour castle or manor Register orig fol. 4. b. Fitz. nat br fol. 5. F. Sometime a writ of Right patent as when it issueth out of any Lords Court for any of his Tenents deforced against the deforcer and must be determined there Of this read more at large in Fitz. nat br in the very first chapter or writ of all his book Praemunire is taken either for a writ or for the offence whereupon this writ is granted The one may well enough be understood by the other It is
and the Statute 31 Elizabeth cap. 5. saith by way of correcting the two former Statutes that all actions c. brought upon any Statute the penalty whereof belongeth to the King shall be brought within two years after the offence committed or else be void And the statute anno 39 Eliz. cap. prim secund saith that actions brought after two years by any common person or after three years by the King alone for decay of husbandry or tillage shall be of no force Whosoever offendeth against any such statute and doth escape uncalled for two years or three years in one case of the two later of these three statutes may justly be said to have prescribed an immunity against that action The like may be said of the statute made anno 23 Elizabeth cap. primo which saith that all offences comprised in that statute made in the 13 year of Elizab. cap. 2. are inquirable before both Justices of peace and of Assise within one year and a day after the offence committed Also the title that a man obtaineth by the passing of five years after a fine acknowledged of any land or tenements may justly be said to be obtained by prescription And whereas the Statute anno 8 R. 2. ca. 4. saith that a Iudge or Clerk convicted for false entring of plees c. may be fined within two years the two years being ended he prescribeth against the punishment of the said Statute and whereas the Statute anno 11 H. 7. saith that he which will complain of maintenance or embracery whereby perjury is committed by a lury must do it within six daies those six daies ended the parties prescribe and whereas the Statute anno 5 Ed. 6. saith that a man being not indicted within 3 months of any offences there mentioned touching Service and Sacraments he shall be clear from thence forward the three months being ended he prescribeth and the same may be said of the Statute anno 5 Ed. 6. cap. 5. which saith that a man shall not be indited of any offence there mentioned touching the decay of tillage after three years And whereas it is ordained by the statute anno 8 H. 6. cap. 9. that those which keep possession of lands by force after 3 years possession held by themselves and their ancestors shall not be subject to the arbitrament of Disseisours there set down I hold this a prescription likewise against those censures v. anno 23 H. 6. cap. 15. Lastly a servant prescribeth liberty after a year Bracton li. 1. ca. 10. nu 3. and the right that is gotten in any Stray to a Lord of a manor no man claiming it within the year and day after proclamation made is an usucapion or prescription See Action perpetual and temporal And see Cromptons Justice of peace fol. 173. b. ubi habebis festum But see one rule for all in Lam. Eirenarch lib. 4. cap. 5. pag. 469. Of this prescription and the learning touching the same you may read a solemn report in S. Edwards Cooks Luttrels case vol. 4. f. 84. b. seq Presentation Praesentatio is used properly for the act of a patron offering his Clerk to the Bishop to be instituted in a benefice of his gift the form whereof see in the Register original fol. 322. a. Presentment is a meer denunciation of the Iurors themselves or some other Officer as Iustice Constable Searcher Surveyours c. without any information of an offence inquirable in the Court whereunto it is presented See Lamberd Eirenarcha lib. 4. cap. 5. pag. 467. President praeses is used in the Common law for the Kings Lieutenant in any Province or Function as President of Wales of York Barwick Presient of the Kings Councel Anno 22 Hen. 8. cap. 8. anno 24 Hen. 8. cap. 3 14. Preignotary Protonotarius is a word that seemeth to be made either of two French words prime or primâ—er i. primus and Notaire i. Notarius tabellio Or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borrowed from the later Romans who made his name of half Greek and half Latine viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is used in our Common law for the chief Clerks of the Kings Courts whereof three be of the Common plees and one of the Kings Bench. For the Pregnotary of the Common plees anno 5 H. 4. cap. 14. is tearmed the chief Clerk of that Court He of the Kings Bench recordeth all actions civil sued in that Court as the Clerk of the Crown-office doth all criminal causes Those of the Common plees do enter and inroll all manner of Declarations pleadings assises and judgements and all actions the same term that the apparence is made Also they make out all judicial writs as the Venire facias after issues joyned and Habeas corpus for the bringing in of the Jury after it is returned upon the Venire facias They also make forth writs of executions and of seisin writs of Supersedeas for appearance to Exigents as well as the Exigents and writs of privileges for removing of causes from other inferiour Courts of Record in case where the party hath cause of privilege Also writs of Procedendo of Scire facias in all cases and writs to enquire of dammages and all process upon prohibitions and upon writs of Audita quaerela and false judgement Finally they inroll all Recognisances acknowledged in that Court and all common Recoveries and may make exemplifications of any record the same term before the roles be delivered from them Prender commeth of the French trendere i. accipere acceptare capere prehendere It signifieth in our Common law sometime a power or right to take a thing before it be offered as such things as lye in Prender or such as lye in render West parte 2. titule Fines Sect. 126. where you have these words If the Lord grant the services of his Tenent by fine or otherwise the Lord before atturnment shall have such things as lye in Prender as the ward of the body of the heir and of the Land escheats c. but not such things as lye in render as rents and reliefs heriots and other services For he cannot avow for them before the attournment Prender de Baron signifieth literally in barbarous French to take a Husband But it is used in our Common law as an exception to disable a woman from pursuing an Appeal of murder against the Killer of her former Husband Stawnf pl. cor lib. 3. cap. 59. The reason whereof whether it be because by her second mariage she may justly be thought to have given up the interest she had in her former husband or for that she is now covert again or for both I leave to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantively the taking of the profits See Cromptons jurisdict folio 185. See Pernour of profits Prest is used for some
want of heirs c. Privy seal privatum sigillum is a seal that the King useth sometime for a warrant whereby things passed the privy signet and brought to it are sent farther to be confirmed by the great Seal of England sometime for the strength or credit of other things written upon occasions more transitory and of less continuance than those be that pass the great seal Privilege privilegium is defined by Cicero in his Oration pro domo sua to be lex privata homini irrogata Frerotus in paratit lis ad titulum decretalâ—um de privilegiis thus defineth it privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur cap. priv legia distinct 3. priva enim veteres dixere quae nos singula dicimus Infit Agellius li. 10. ca. 20. Idiòque privilegia modò beneficia modò personales constitutiones dicuntur c. It is used so likewise in our Common law and sometimes for the place that hath any special immunity Kitchin fo 118. in the words where debters make feigne dgifts and feoffments of their land and goods to their friends and others and betake themselves to privileges c. Privilege is either personal or real a personal privilege is that which is granted to any person either against or beside the course of the Common law as for example a person called to be one of the Parliament may not be arested either himself or any of his attendance during the time of the Parliament A privilege real is that which is granted to a place as to the Universities that none of either may be called to Westminster hall upon any contract made within their own precincts And one towards the Court of Chancery cannot originally be called to any Court but to the Chancery certain cases excepted If he be he will remove it by writ of Privilege grounded upon the statute anno 18 Edward the third See the new book of Entries verbo Privilege Probat of Testaments probatio testamentorum is the producting and insinuating of dead mens Wills before the ecclesiastical Iudge Ordinary of the place where the patty dyeth And the Ordinary in this case is known by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Arch-deacon according as their composition or prescription is hath the probat of the Testament if the goods be dispersed in divers Dioceses so that there be any sum of note as five pounds ordinarily out of the Dioces where the party led his life then is the Archbishop of Canterbury the ordinary in this case by his prerogative For whereas in old time the will was to be proved in every Dioces wherein the party deceased had any goods it was thought convenient both to the subject and to the Archiepiscopal See to make one proof for all before him who was and is of all the general ordinary of his Province But there may be antiently some composition between the Archbishop and an inferiour ordinary whereby the sum that maketh the prerogative is above five pound See Praerogative of the Archbishop This probat is made in two sorts either in common form or pertestes The proof in common form is only by the oath of the executor or party exhibiting the Will who sweareth upon his credulity that the Will by him exhibited is the last Will and Testament of the party deceased The proof per testes is when over and beside his oath he also produceth witnesses or maketh other proof to confirm the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they have been lawfully summoned to see such a Will proved if they think good And the later course is taken most commonly where there is fear of strife and contention between the kindred or friends of the party deceased about his goods For a VVill proved only in common form may be called into question any time within thirty years after by common opinion before it work prescription Procedendo is a writ whereby a plee or cause formerly called from a base Court to the Chancery Kings bench or Common plees by a writ of privilege or certiorare is released and sent down again to the same Court to be proceeded in there after it appeareth that the Defendant hath no case of privilege or that the matter comprised in the Bill be not well provided Brook hoc titulo and Terms of the law Cook vol. 6. fol. 63. a. See an 21 R. 2. ca. 11. in fine letters of procedendo granted by the Keeper of the privy seal See in what diversity it is used in the table of the original Register and also of the Iudicial Iâ—roces processus is the manner of proceeding in every cause be it personal or real civil or criminal even from the original writ to the end Britton fol. 138 a. wherein there is great diversity as you may see in the table of Fitz. nat br verbo Proces and Brooks Abridgement hoc titulo And whereas the writings of our Common Lawyers sometime call that the Proces by which a man is called into the Court and no more the reason thereof may be given because it is the beginning or the principal part thereof by which the rest of the business is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divers kinds of Proces upon Inditements before Iustices of the peace See in Cromptons Justice of peace fol. 133 b. 134.135 But for orders sake I refer you rather to M. Lambard is his tractat of Processes adjoined to his Eirenarcha who according to his subject in hand divideth criminal Proces either into Proces touching causes of treason or felony and Proces touching inferiour offences the former is usually a capias capias alià s exigifaciaâ— The second is either upon inditement or presentment or information that upon inditement or presentment is all one and is either general and that is a venire facias upon which if the party be returned sufficient then is sent out a Distringas infinitè untill he come if he be returned with a Nihil babet then issueth out a Capias Capias aliis Capias pluries and lastly an Exigi facias The special proces is that which is especially appointed for the offence by statute For the which he referreth his reader to the eighth chapter of his fourth book being very different Processum continuando is a writ for the continuance of a Proces after the death of the chief Iustice in the writ of oyer and terminer Register original fol. 128. a. Prochein amy proximus amicus vel propinquier is word for word a neer friend It is used in our Common law for him that is next of kinne to a child in his
abate rents or prices of victuals anno pri Mar. 12. anno 1 Eliz. cap. 17. See West parte 2. symb titulo Inditem Sect. 65. And Cromptons Justice of peace fol. 41. b. Rebutter commeth of the French Bouter i. pellere impellert propellere intrudere and signifyeth in our Common law the same thing For example a man giveth land to him and the issue of his body to another in fee with warranty And the Donee leaseth out his Land to a third for years The heir of the Donour impleadeth the Tenant alleging that the Land was in tayl to him The Donee commeth in and by vertue of the warranty made by the Donor repelleth the Heir because though the land were intailed to him yet he is beiâ— to the warrantee likewise and this is called a Rehutter See Brook titulo barre num 23. And again if I grant to my Tenent to hold sine impetitione vasti and afterward I implead him for waste made he may debar me of this action by shewing my grant And this is likewise a Rebutter idem eodem num 25. See the new book of Entries verbo Rebutter Renant an 32 H. 8. ca. 2. Recaption recaptio signifieth a second distresse of one formerly distreined for the self same cause and also during the plea grounded upon the former distresse It likewise signifieth a writ lying for the party thus distreâ—ned the form and further use whereof you may see in Fitz. nat br fol. 71. and the Regist. orig fo 86. and the Register Judicial fo 69. and the new book of Entries verb. Recaption Receyver receptor or receptator generally and indefinitely used is as with the Civilians so also with us used commonly in the evil part for â—uch as receive stollen goods from theeves and conceal them li. 1. Ï€ de receptatoribus But annexed to other words as the receiver of rents c. it signifieth many times an officer of great account belonging to the King or other great personage Cromptons Jurisdict fol. 18. There is also an officer called the Receiver of Fines who receiveth the mony of all such as compound with the King in the office of the Finances for the buying of any lands or tenements holden in Capite West parte 2. symb titulo Fines sect 106. Receiver of all offices accountable an 1 Ed. 4. cap. 1. Receiver general of the Dutchy of Lancaster is an office belonging to the Dutchy Court that gathereth in all the revenues and fines of the lands of the said Dutchy and of all forfeitures and assessements or what else is thence to be received Receiver general of the Court of Wardt and liveries is an officer belonging to that Court that is to receive all rents revenues fines of the lands belonging to his Majesties Wards as also the fines for licences to the Kings widows to mary of custer le maine sued out and for ideots and lunaticks land and finally all other profits whatsoever in mony arising to his Majesty out of or by reason of the Court of Wards and liveries Receiver general of the Muster Rolls anno 35 Eliz. ca. 4. Receiver general of the Dutchy of Lancaster of the Wards and liveries anno 39 Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stir out of his house or cloyster Littleton fol. 92. Recognisance Recoguitio commeth of the French Recogneisance i. agnitio recognitio and in our Common law is thus defined A Recognisance is a bond of Record testifyng the recognizour to owe unto the recognizee a certain sum of mony and is knowledged in some court of Record or before some Iudge or other officer of such Court having authority to take the same as the Masters of the Chancery the Judges of either Bench Barons of the Exchequer Justices of peace c. And those that be meer Recognisances are not sealed but inrolled And execution by force thereof is of all the recognisors goods and chatells except the draught beasts and implements of husbandry and of the moyety of his Lands West parte pri symb li. 2. titulo Recognisances sect 149. And of these you may see there great diversity of Presidents Note farther that a Recognisance though in the special signification it do but acknowledge a certain debt and is executed upon all the goods and half the lands of the recognisour yet by extention it is drawn also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register orginal fol. 146 151 252. and by West ubi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these words in the Statute West 1. cap. 36. anno 3 Ed. 1. It is provided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with robbery of any manner of goods or moveables by recognisance of Assise of novel disseisin the judgement shall c. In which place it is used for the verdict of the twelve men impaneled upon an Assise which twelve are also called recognitors of the Assise Littleion fol. 72. So also Bracton called them lib. 5. tractat 2. cap. 9. nu 2. in these words In essonio verâ— reddendo exigentur omnes illi quos causa tetigerit sicut particeâ—â— Warrantus alii ut supra Recognitores in assisis Juratores in Juratis Inquisitores inquisitionibus c. And again lib. 3 tract 1. cap. 11. num 16. See the Statute anno 20 Ed. prim stat 4. See the new book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the Common Bench for the sending of a Record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appear it may be disannulled Register original folio 183. a. b. Recognitors recognitores is a word used for the Iury empaneled upon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongues signifieth an authentical or uncontroulable testimony in writing Briton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the grand Custumary of Normandy there are several Chapters of divers Records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. Chapter where you have words to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he have one other witness This record may he and other make if he himself will not make it it may be made by three others And his person may not
be impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffice to make a Record in the Exchequer The next how many in an assise c. I find not that we in our Courts especially the Kings Courts stand much upon the numbers of Recorders or witnesses for the strength of the testimony which the Record worketh but that we take it sufficient which is registred in each Court Glanvile lib. 8. cap. 8. Bracton lib. 3. tract 2. cap. 37. num 4. Bretton in the Proeme of his book saith that the Iustices of the Kings Bench have a Record the Coroner Vicounr Iustices of the Exchequer Iustices of the Gaol delivery the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings letters patents in those causes they have Commission to take knowledge of All which as I take it must be understood with that caveat of Brook titulo Record num 20. 22. that an act committed to writing in any of the Kings Courts during the term wherein it is written is alterable and no record but that term once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proof to the contrary Yet see Sir Edward Cooks Reports lib. 4. Rawlius case fol. 52. b. anno 12 Ed. 2. cap. 4. It is said that two Iustices of either Bench have power to record Non-sutes and defaults in the Country It appeareth by Bracton lib. 5. tract 2. cap. 1. et 11. that quatuor milites habent recordum being sent to view a party essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Serviens Hundredi habet recordum in testimonio proborum hominum And in the Statute of Carleil made anno 15 Ed 2. it is said that one Iustice of either Bench with an Abbot or Prior or a Knight or a man of good fame or credence hath a record in the view of one that is said by reason of sickness to be unable to appear personally for the passing of a fine And anno 13 H. 4. cap. 7. et anno 2 H. 5. cap. 3. that two Iustices of peace with the◠Shyreeve or Under-shyreeve have power to record what they find done by any in a ryot or rout c. That which is before mentioned out of Briton touching the Shyreeve seemeth to be limited by Fitzh nat br fol. 81. D. Who alloweth him a record in such matters only as he is commanded to execute by the Kings Writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheator and Shyreeve be not Iustices of record but officers of record In which words he signifieth that their testimony is authentical only in some certain things that are expresly injoyned them by vertue of their Commission as Ministers to the King in his higher Courts whereas Iustices of record have in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commanded Fitzh in his Nat. br fol. 82. in principio something explaineth this point writing to this effect Every act that the shyreeve doth by vertue of his commission ought to be taken as matter of Record no lesse than the Justices of peace His reasons be two the former because his patent is of record the other because he is a conservatour of the peace And then he addeth that the plees held before him in his County be not of record Yet is the County called a Court of record Westm 2. cao 3. anno 13 Ed 1. But it seemeth by Briton cap. 27. that it is only in these causes whereof the shyreeve holdeth plee by especial writ and not those that he holdeth of course or custome And in that case also it may be gathered out of the same Author that he hath a record but with the testimony of those annexed that be suters to the Court. Which seemeth to agree with Bractons words above specified Scrviens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanvile l. 8. c. 8 9 et 10. One Iustice upon view of forcible detinue of land may record the same by statute anno 15 R. 2. cap. 2. the Maior and Constables of the staple have power to record recognisances of debt taken before them anno 10 H. ◠ca. 1. Brook titulo Record seemeth to say that no Court ecclesiastical is of record how truly it is to be inquired For Bishops certifying bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a divorse a spiritual intrusion or whether a man be professed in any religion with other such like are credited without farther enquiry or controlment See Brook titulo Bastardy See Fleta lib 6. cap. 39 40 41 42. Lamb. Eirenarcha lib. pri cap. 13. Glanvile lib. 7. cap. 14 et 15. the Register original fol. 5. b. Bracton lib. 5. tractat 5. cap. 20. nu 5. Briton cap. 92 94 106 107 109. Doct. and Stud. lib. 2. cap. 5 but especially Cosius apology parte pri cap. 2. And a testament shewed under the seal of the Ordinary is not traversable 36 H. 6.31 Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference between that law whereby the court Christian is most ordered and the Common law of this Land For by the Civil or Canon law no instrument or record is held so firm but that it may be checked by witnesses able to depose it to be untrue Co. plus valere quod agitur quà m quod simulate concipitur ca. cum Johannes 10. extra de fide instrumentorum Whereas in our Common law against a record of the Kings court after the term wherein it is made no witnesse can prevail Briton cap. 109. Coke lib. 4. Hinds case fol. 71. lib. assisarum fol 227. nota 21. This reconciliation may be justified by Brook himself titulo Testaments num 4.8 14. and by Glanvile lib. 8. cap. 8. The King may make a Court of record by his grant Glanvile lib. 8. cap. 8. Briton cap. 121. as for example Queen Elizabeth of worthy memory by her Charter dated 26 Aprilis anno 3. regni sui made the Consistoty court of the University of Cambridge a court of record There are reckoned among our common Lawyers three sorts of Records viz. A record judicial as attainder c. A record ministerial upon oath as an office found A record made by conveyance by consent as a fine deed inrolled or such like Coke lib. 4. Andrew Ognels case fol. 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeve to remove a cause depending in an inferiour court to the Kings bench or common plees as out of a court of antient Demeasn Hundred or County Fitz. nat br fol. 71. B. out of the county court idem fol.
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
of Courts Seneshat de l'hostel de Roy Steward of the KINGS Houshold Cromptons Jurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshal of England inhibiting them to take cognizance of any action in their Court that concerneth either Freehold debt or Covenant Register original fol. 185. a. 191. b. Senie aliâs Sene sena is a leaf of a medicinable herb that bringeth forth stalks of a cubit high purging Phlegmatick Cholerick and also Melancholick humours without great violence The farther use whereof you may read in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other Drugs and spices to be garbled anno 1 Jac cap. 19. Septuagesima is a Sunday certain and alwaies the third Sabbath before Shrove sunday from the which until the Octaves after Easter the solemnizing of mariage is by the Canon laws forbidden The reason whereof is given for that all this time until Easter is a time of mourning for the fall of Adam and for the misery of man thereof insuing And Easter with the Octaves thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest over death and sin And that therefore all carnal affection onght during that space to be wholly mortified in us See Quinquagesima see Advent see Rogation week Sequitur sub suo periculo is a writ that lyeth where a summons adwarrantizandum is awarded and the Sheriff returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ Old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controversie from the possession of both those that contend for it And it is double voluntary or necessary Voluntary is that which is used by the consent of each party Necessary is that which the Judge of his Authority doth whether the parties will or not It is used also for the act of the ordinary disposing of office the goods and chattels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. num 42. fol. 271 num 26. as also in the gathering of the fruits of a Benefice void to the use of the next Incumbent anno 28 H. 8. cap. 11. Fortescue cap. 50. and in divers other cases Sequestro habendo is a writ judicial for the dissolving of a seqnestration made by the Bishop at the Kings commandement of the fruits of a benefice thereby to compell the Parson to appear at the sute of another for the Parson upon his appearance may have this writ for the release of the sequestration Register judicial fol. 36. a. Sergeants servians commeth of the French sergeant i. satelles accensus a man of the Guard a kind of Souldier so called because he was sepè accitus ad res necessarias in exercitu peragendas Calepin M. Skene de verb. signif verb. Serjeant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est inclndere gent. quod pro gente populo vel plebe usurpatur Itaque Serjandus disitur qui jussu magistratus quemlibet de populo reum crimints in carcerem corjicit seu includit This word Sergeant is diversly used in our Law and applyed to sundry offices and callings First a Sergeant at Law or of the Coyfe is the highest degree taken in that profession as a Doctor in the Civil law And to these as men best learned and best experienced of all others is there one Court severed to plead in by themselves and that is the Court of Common pleas where the Common law of England is most strictly observed These are made by the Kings mandat or VVrit directed unto them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to plead for him in all his causes as namely in causes of treason pl. cor li. 3. ca. pri And of these there may be more if it so please the King This is called in other Kingdomes Advocatus Regius Cassan de consuet Burgund pag. 850. VVith what solemnity these Sergeants be created read Fortescue cap. 50. This word Sergeant seemeth to be used in Britton for an Officer belonging to the County who in his first Chapter speaking of Appeals made before the Coroner hath these words in effect And then let the Coroner cause his appeal to be entred and the names of his sureties And afterward let commandement be given to the Sergeant of the County where the felony was committed that he have the body of the persons appealed at the next County And it is probable that this Officer was all one with him whom Bracton in his fifth book cap. 4. num 2. calleth Servientem Hundredi of whom he hath these words Post probationem defaltae faciet serviens Hundredi incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in antient time was called the Bayliff of the Hundred who as is declared in Bayliff had the like authority in his Hundred that the Shyreeve had in the County though inferiour to him and to be controlled by him as appeareth by divers antient presidents set down by Kitchin in his Tractat of Returns in Court Hundred Court-Baron c. I read also in Bracton lib. 3. tractat 2. cap. 28. Of the Kings Sergeant who is like to be also an Officer in the County in these words speaking of a woman ravished and what she ought to do for the pursute of the Ravisher sic ire debet ad prepositum Hundredi ad servientem Domini Râ—gis ad coronatores ad Vicecomitem ad primum comitatum faciat appellum suum And again eod l. c. 32. in these words si sine secta cognoverit se inde esse latronem coram vicecomite vel coronatore vel serviente Domini Regis c. And again lib. 5. tract 3. cap. 4. num 8. in these words Quid si servien Domini Regis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this Term was general to the Shyreeve Coroner and Bayliffs of Counties who in his sixt book cap. 3. § 1. hath these words Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse tunc ost ense hoc Vicecomiti statim praecipiat ballivo Hundredi vel iteneranti vel alteri servienti Regis quòd assumptis sibi l beris legalibus hominibus de viceneto illo ad curiam illius
domini si quem habuerit accedat c. And to help this probability I find that the Steward of a manner is termed serviens manerii Coke Vol. 4. Copihold cases fol. 21 a. Then is there a Sergeant at arms serviens ad arma whose Office is to attend the person of the King An. 7 H. 7. ca. 3. to arest Traitors or men of worth or reckning that do or are like to contemn Messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in judgement upon any Traitor and such like pl. cor lib. 3. cap. pri Of these by the Statute anno 13 R. 2. cap. 6. there may not be above thirty in the Realm This sort is called del espee In the custumary of Nor. car 5. which read There be also some two of these Sergeants of the Parliament one for the upper another for the lower house whose Office seemeth to serve for the keeping of the Doors and the execution of such Commandements especially touching the apprehension of any offender as either house shall think good to enioyn them See Cromptons Jurisdictions fol. nono See also Vowels aliâs Hookers book of the order of the Parliament There is one of these that belongeth to the Chancery who is also called a Sergeant of the Mace as the rest may be because they carry Maces by their office He of the Chancery attendeth the Lord Chancellor or Keeper in that court for the means to call all men into that Court is either by this Officer or by sub poena West pa. 2. Symb. tit Chauncery Sect. 17. Then be there Sergeants that be the chief officers in their several functions within the Kings houshold which be chief in their places of which sort you may read many named in the statute anno 33 H. 8 cap. 12. There is also a more base kind of Sergeant of the Mace whereof there is a troop in the City of London and other Towns corporate that serve the Maior or other head Officer both for mesnial attendance and matter of Justice Kitchin fol. 143. And these are called Serviontes ad clavam New book of Entries ver scire facias in Mainperners fol. 538. cap. 3. Sergeantie Serriantia commeth of the French Sergeant i. satelles and signifieth in our Common law as service due to the King from his Tenent holding by such service For this service cannot be due to any L. from his Tenent but to the King only And this is either grand or petit as you shall find at large set down in Chivalry Of this also you may read Bra. l. 2. c. 16. c. 37. n. 5.4 et Brit. c. 66. n. 1. et 2. See Servies M. Skene de ver signif calleth this Sergeantery defining and dividing it as we do in England Servientihus as certain writs touching servants and their Masters violating the statutes made against their abuses which see in the Regist. orig fo 189. et 190 et 191. Service servitium though it have a general signification of duty toward them unto whom we owe the performance of any corporal labor of function yet more especially in our Common law it is used for that service which the Tenent by reason of his fee oweth unto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Servitium est munus obsequit clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either military and noble commonly called Knights service or clownish and base commonly called Soccage of both which read Chiry as also scecage And Bracton lib. 2. ca. 16. Service is divided by Britton into personal and real cap. 66. where he maketh wards mariages homage Reliefs and such like to be real services personal I imagine may those be called that are to be persormed by the person of the Tenent as to follow his Lord into war c. The Civilians divide munera in this sort either in personalia or patrimonalia Then Bracton ubi supra num 7. distributeth servitium in intrinsecum extrinsecum aliâs forinsecum medium Servitium intrinsecum is that which is due to the capital Lord of the Mannro Forinsecum is that which is due to the King and not to the capital Lord but when he goeth in his own person to serve or when he hath satisfied the King for all services whatsoever And again in the same place he saith it is called Fornisecum quia fit capitur foris sive extra servitium quod fit Domino capitali See Forein service Of this read him ubi supra more at large and Fleta lib. 2. cap. 14. § Continetur Servitia quae nec intrinseca necforinseca sunt Bract. handleth in the same Chapter nu 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intriasecae nec forinsecae sed sunt quaed im servitia concomitantia sicut servitia regalia militaria etiambemagia adeo in cbartis non sunt exprimendae Quia si homagium praecesseris et regale servitium sequitur exinde quod ad capitalem Dominum pertinebit Relivium et custodia et maritagium sive servitium sit militare vel seriantia propter exerciâ—um c. Here then Relief Ward and Mariage be those services which he calleth nec intrinseca nec forinseca sed concomitantia Service is also divided into frank service and base or villeinous service the one Bracton calleth liberum servitium the other servitium villanum or villenagium lib. 2. cap. 8. num pri This villenagium is Soccage in base tenure as to dung the Lords ground to serve him so many daies in harvest to plash his hedges c. or else copyhold All other services seem to be frank Service consisteâ—h some in seisance some in render Perkins Reservations 696. Service seemeth also to be divided into continual otherwise annual and casual or accidental An example of the sormer is the seisin of rent and of the other seisin of Relief Sir Edward Cokes Reports lib. 4. Bevils case fol. 9. a. See Copy hold See Soccage See Ayd Service secular anno 1 Ed. 4. cap. 1. which may be contrary to spiritual viz. the service divine commanded to spiritual men by their founders Servitours of Bills seem to be such servants or messenger of the Marshal belong-to the Kings Bench as were sent abroad with Bills or Writs to summon men to that Court being now more ordinarily called Tipstaffs Servitiis acquietandis is a Writ judicial that lyeth for one distreined for services by Iohn which oweth and performeth to Robert for the acquital of such services Register judicial fol. 27. a. et 36. b. Sessions Sessiones signifieth in our Common law a sitting of Justices in Court upon their commission as the Sessions of oyer and terminer pl. cor fol. 67. Quarter Sessions
otherwise called general Sessions an 5 Elizabeth cap. 4. or open Sessions ibidem Opposite whereunto are especial otherwise called privy Sessions which are procured upon some special occasion for the more speedy expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in general Sessions See Cromptons Iustice of peace fol. 109. Petit Sessions or Statute Sessions are kept by the high Constable of every Hundred for the placing of servants anno 5 Eliz. cap. 4. in fine Sessour an 25 Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of Wages at this day Set Cloathes anno 27 Hen. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and divers kinds whereof you have in Gerards herbal lib. 2. cap. 424. The root of this is mentioned among drugs to be garbled an 1 Iac. cap. 19. Severance is the singling of two or more that joyn in one Writ or are joyned in one Writ For example if two joyn in a VVrit de Libertate probanda and the one afterward be nonsute here severance is permitted so that notwithstanding the nonsute of the one the other may severally proceed Fitzherbert natura brevium fol. 78. l. K. Of this see Brook titulo Severance and Summons fol. 238. For it is harder to know in what cases severance is permitted than what it is There is also severance of the Tenents in an Assise when as one or two or more disseisours appeareth upon the VVrit and not the other New Book of Entries fol. 81. col 4. And severance in Attaints eod fo 95. col 2. And severance in Debt verbo debt fol. 220. col 1. see the said Book verbo Severance Seneral tayl tallium separatum is that whereby Land is given and entayled severally to two For example land is given to two men and their VVives and to the Heirs of their bodies begotten the Donees have joynt estate for their two lives and yet they have several Inheritance because the issue of the one shall have his moyetie and the issue of the other the other moyetie Kitchin ibid. Several tenancy tenura separalis is a Plee or exception taken to a writ that is laid against two as joynt which are several Brook titulo Severall tenancie fol. 273. Sevantly woven anno 35. Eliza. cap. 10. Sewer hath two significations with us one applyed to him that issueth or commeth in before the meat of the King or other great personage and placeth it upon the table the other to such passages or gutters as carry water into the sea or river in Lawyers Latine called Sewera an 6. H. 6. c. 5. which is also used in common speech for commissioners authorised under the broad seal to see drains and ditches well kept and maintained in the Marish and Fenne Countries for the better conveyance of the water into the Sea and the preserving of the grasse for seed of Cattel stat an 6. H. 6. cap. 5. It is probable to bring this word from the French issir or issue as if we should call them Issuers because they give issue or passage to the water c. And the Latine word suera some time used in these commissions for these drains is a competent reason of this conjecture See Fitz. nat brev in Oyer and Terminer Yet I find in an old French Book containing the Officers of the King of Englands Court as it was antiently governed that he whom in Court we now call Sewer was called Asseour which may seem to come from the French Asseour wherein his Office in setting down the meat upon the Table is well expressed And Sewer as it signifieth an Officer is by Fleta latined Assessor li. 2. c. 15. All which argueth that the descent of this word is from the French Asseoir as signifying a disposing or placing of any thing or as we say in English an assessing of any person toward the performance of a Duty Sexagesima See Septuagesima SH Shanck See Fur. Share See Flotzon Shewing is to be quit of Attachment in any Court and before whomsoever in plaints shewed and not avowed New exposition of law terms verbo Shewing See Scavage Shipper An. 1 Iac. ses 1. cap. 33. is is a Dutch word signifying the Master of the ship Shire Comitatus shyra is a Saxon word signifying Satrapian of the verb scyran 1. partiri Lamberd in his explication of Saxon words verbo Centuaria The word is in use so rife that every Child understandeth it Who first thus divided this land into shires appeareth by M. Cambdens Britan. pag. 102. in these words Nec dum tamen florente Hepterchia Anglia it a in Comitatus divisa sic enim vulgò vocant sed pestea cum solus aluredus rerum potiretur Vt enim Germani majores nostri teste Tacito jura per pagos vicosque reddebant et centeni ex plebe comites adrem admistrandam adjungebantur sic ille ut ingulfi Croulandenfis verbis utar pr mus Angliam in Comitatus divisit qued indiginae rapinas committerent exemplo et colore Danorum Comitatus porro in Centurias i. Hundreds et Decimas i. Tythings distribui fecit praecipitque ut omnis indigena in aliqua esset Centuria Decima Praefectos etiam provinciarum qui antea Vicedomini vocabantur in duo officia divtsit viz. Iudices nunc Iusticiarios Vicecomites qui adhue idem nomen retinent See the rest Shereeve Vicecomes is compounded of these Saxon words Scyre i. satrapia and Reeve i. praefectus and accordingly he is the chief Officer under the King of his Shire or County See Ferme in Lacies Nobility pag. 12. M. Cambden pag. 104. Thus describeth his Office Singulis verò annis nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi vicarium comitis nostrâ linguâ Shyref i. Comitatus praepositum vocamus qui etiam comitatus vel provinciae Quaestor rectè dici potest Ejus enim est Publicas pecunias provinciae suae conquirere mulctas irrogatas vel pignoribus ablat is eolligere aerario inferrae Iudicibus praesto adesse eorum mandata exâ—qui duodecim viros cogere qui in causis de facto cognoscunt et ad Iudices referunt Iudices enim apud nos juris solum non facti sunt Iudices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autcm jus dicunt justiciarii quos itinerantes ad Assisas vocant qui quotannis hos Comitatus bis adeunt ut de causis cognoscant et ad carceratis sententiam ferant Henricus secundus hos itinerantes instituit vel potius restituit Ille ut inquit Mathaeus Parisiensis consilio filii sui et Episcoporum constituit Iusticiarios per sex paertes regni in qualibet parts tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the antiquity and authority of this Officer read Sir Edwards Cooks Reports lib. 4. Mittons Case The manner of appointing
one Tales either upon default or challenge though he may have another yet he may not have the later to contain so many as the former for the first Tales must be under the principal pannel except in a cause of Appeal and so every Tales lesse than other untill the number be made up of men present in Court and such as are without exception to the partie or parties Of this see Stawnford more at large ubi supra where you may find some exceptions to this general rule These commonly called Tales may in some sort and ineded are called Meliores viz. when the whole Iury is challenged as appearcth by Brook titulo Octo tales et auter tales fol. 105. In whom you may likewise read many cases touching this matter Tales is a proper name of a book in the Kings bench office Cook lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood vide anno 34 et 35 Henrici octavi capit 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem It is a long kind of shide riven out of the tree which shortned is made into billets Tartaron anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and Cloath Workers in the dressing of Cloath Taske aliâs Taxe by M. Camden following the authority of Doctor Powell whom he greatly commendeth for his diligence in the search of Antiquities is a British word signifying tribute Camden Britan pag. 304. And it seemeth it is such a kind of tribute as being certainly rated upon every Town was wont to be yearly paid See Gild and the places there cited out of Master Cambden Now it is not paid but by consent given in Parliament as the Subsidie is And it differeth from Subsidy in this that it is alway certain accordingly as it is set down in the Chequer book and levyed in general of every Town and not particularly of every man Lastly it is a fifteenth of that substance that every Town was first rated at by the number of Hides of Land in the same Whereupon it is also called a fisteenth vide anno 14 Edw. 3. statut 1. cap. 20. For whereas Master Crompton in his jurisdiction fol. saith that it is levied sometime by goods as well as by Lands as also appeareth by the Statute anno 9 Hen. 4. cap. 7. I take his meaning there to bee that though the task in the whole were at the first by the Prince proportioned by the land Yet the Townes men among themsel ves to make upthat sum are at these dayes sometimes valued by goods See Fifteenth It seemeth that in antient times this task was imposed by the King at his pleasure but Edward the first anno 25. of his reign bound himself and his succesiors from that time forward not to levy it but by the consent of the Realm anno 25 Ed. pri cap. 5. The word Task may be thought to proceed from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but over curiously to contend in these derivations may seem frivolous considering that many words are common to divers peoples TE Telonium or Breve essendi quietum de Telonio is a writ lying for the Citizens of any City or Bourgesses of any Town that have a Charter or prescription to free them from Toll against the Officers of any Town or Market constraining them to pay Toll of their Merchandise contrary to their said grant or prescription Fitzb. nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these words Telonia autem dicuntur publicano rum stationes in quibus vectag alia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur Team aliàs Theam is an old Saxon word signifying a Royalty granted by the Kings Charter to a Lord of a Manor Bracton lib. 3. tract 2. cap. 8. of this Saint Edwards laws nu 25. say thus Quod si quisquam aliquid interciet idest penes alium defend it super aliquem et intercitatus non poterit warantum suum habere erit forisfactura sua et Justicia similiter de calumnintore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to have servants and slaves which are called nativi bondi villani and all Baronies infeoffed with Theme have the same power For unto them all their bondmen their children goods and cattels properly appertain so to that they may dispose of them at their pleasure And in some old authentike books it is written Theme est potestas habendi nativos ita quod generationes villanorum vestrorum cum eorum catallis ubicumque inveniantur ad vos pertineant Theme commeth from Than 1. servus and therefore sometime signifieth the bondmen and slaves according to an old statute and law De Curia de Theme Quod si quis teneat curiam de Theme et illa querela in illa curia movetur ad quam Theme vocatur non debet illa curia clongari sed ibidem determinari et omnes Theme the compareant Which is understood of the question of liberty when it is in doubt whether any person be a bondman or free man Which kind of proces should not be delayed but summarily decided And the new Expositor of law terms speaketh to the like effect verbo Them I read it also in an old paper written by an Exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort there be four in number And their office is to receive all monies due to the King and to give to the Clerk of the Pell a bill to charge him therewith They also pay to all persons any money payable unto them by the King by warrant from the Auditor of the receipt They also make weekly and yearly books both of their receipts and Payments which they deliver to the Lord Treasurer Templers Templarii See Knights of the Temple These whilest they flourished here in England which seemeth to be all that time between Henry the seconds dayes untill they were suppressed had in every nation a particular Governour whom Bract. calleth Magistrum militiae Templi lib. 1. c. 10. Of these read M. Camden in his Br. p 320. See Hospitalers Temporalt es of Bishops Temporalia Episcoporum be such revenues lands and tenements as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parliament See Spiritualties of Bishops Tend seemeth to signifie as much as to endeavour or offer or shew forth to tend the Estate of the party of the Demandant Old nat br fol. 123. b. to tend to
in every Tun anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. anno pri Ed. 6. ca. 13. anno pri Jacobi ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven after the rate of every Tun. Torny See Turney Totted anno 42 Edw. 3. cap. 9. anno 1 Ed. 6. cap. 15. is a word used of a debt which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word Tot unto it Tourn See Turn Tout tempa prist uncore est that is to say in English Alway ready and is at this present This is a kind of Plee in way of excuse or defence unto him that is sued for with-holding any debt or duty belonging to the Plaintiff See of this Broke his Abridgement fol. 258. TR Traile baston See Iustices of trial baston Traitor traditor proditor See Treason Transgressione is a writ called commonly a writ or action of Trespass Of this Fitzherbert in his Natura brevium hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differeth from the other because it hath not these words Quire vi armis c. and this see in Fitzherberts natura brev fol. 84 G. The other is termed a writ of trespasse upon the case which is to be sued in the Common bank or the Kings Bench in which are alwaies used these words vi et armis c. And of this you have Fitzh nat br f. 92. E. See Trespass See the divers use of this writ in the Register original in the Table Transcript anno 34 35 H. 8. cap. 14. is the copy of any original written again or exemplified Transcripto Recognitionis factae coram Justiciariis itinerantibus c. is a writ for the certifying of a Recognizance taken before Iustices in Eyre into the Chancery Regist orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifying of the foot of a fine levyed before Justices in Eyre c. into the Chancery eodem fol. 169. et Register judicial fol. 14. Travers commeth of the French Traverser iâ—transfigere It signifieth in our Common law sometime to deny sometime to overthrow or undo a thing done Touching the former signification take these words in Wests Symbol parte 2. titulo Chancery Sect. 54. An answer saith he speaking of an answer to a bill in Chancery is that which the Defendent pleadeth or saith in Bar to avoid the Plaintiffs bill or action either by confession and avoiding or by denying and traversing the material parts thereof And again Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer which must affirm and pursue his bill and confess and avoid deny or traverse the Defendants answer And the formal words of this traverse are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmative et Negative In the second signification I find it in Stawnfords praerog cap. 20. through the whole Chapter speaking of traversing an Office which is nothing else but to prove that an Inquisition made of goods or lands by the Escheatour is defective and untruly made So traversing of an Inditement is to take issue upon the chief matter thereof which is none other to say than to make contradiction or to deny the point of the Inditement As in presentment against A. for a Highway over-flown with water for default of scowring a ditch which he and they whose estate he hath in certain land there have used to scowr and cleanse A. may traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not the land c. or that he and they whose estate c. have not used to scowr the ditch Lamb. Earenarcha lib. 4. cap. 13. pag. 521 522. Of Traverse see a whole chapter in Kitchin fol. 240. See the new book of Entries verbo Traverse Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the the amplitude and Majesty of the Common wealth West parte secund symbol titulo Inditement sect 63. by whom it is there divided into High treason which other call altam proditionem and Petit treason High treason he defineth to be an offence done against the security of the Common wealth or of the Kings most excellent Majesty whether it be by imagination word or deed as to compass or imagine treason or the death of the Prince or the Queen his Wife or his Son and Heir apparent or to deflowre the Kings wife or his eldest Daughter unmarried or his eldest sons wife or levy war against the King in his Realm or to adhere to his enemies aiding them or to counterfeit the Kings great Seal privy Seal or mony or wittingly to bring false mony into this Realm counterfeited like unto the mony of England and utter the same or to kill the Kings Chancellor Treasurer Iustice of the one bench or of the other Iustices in Eyr Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his office anno 25 Ed. prim cap. 2. or forging of the Kings seal Manuel or privy signet privy seal or forein coyn current within the Realm anno 2 Mar. cap. 6. or diminishing or impairing of mony current anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King only And it is also called treason Paramount anno 25 Ed. 3. ca. 2. The form of Iudgement given upon a man convicted of high treason is this The Kings Serjeant after the verdict delivered craveth Iudgement against the Prisoner in behalf of the King Then the Lord Steward if the traitor have been noble or other Iudge if he be under a Peer saith thus N. Earl of P. For so much as thou before this time hast been of these treasons indited and this day arraigned for the same and put thy self upon God and thy Peers and the Lords thy Peers have found thee guilty my Iudgement is that thou shalt be conveyed unto the Tower of London whence thou camest and from thence drawn through the midst of London to Tiburn and there hanged and living thou shalt be cut down thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be divided into four quarters and disposed at the Kings Majesties pleasure and God have mercy upon thee Petit treason is rather described by examples than any where logically
72. the office is as Crompton saith loco allegato properly to look to the vert and to see that it be well maintained Also when any forfeiture is taken in the Forest before the Foresters or other Ministers the price thereof shall be delivered to the Verdour who is to answer for it before the Iustices in Eyr And if he die his heir is chargeable therewith Crompton ibidem The form of his oath at his admittance you may see in Manwoods first part of his Forest laws pag. 51. who there calleth him verderour alià s verdictor You shall truly serve our Soveraign Lord the King in the office of a verderor of the Forest W. you shall to the uttermost of your power and knowledge do for the profit of the King so far as it doth appertain unto you to do You shall preserve and maintain the antient rights and franchises of his Crown you shall not conceal from his Majesty any rights or privileges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shall indeavour your self to manifest and redresse the same and if you cannot do that of your self you shall give knowledge thereof unto the King or unto his Iustice of the Forest You shall deal indifferently with all the Kings liege people you shall execute the laws of the Forest and do equal right and justice as well unto the poor as unto the rich in that appertaineth unto your office you shall not oppress any person by colour thereof for any reward favour or malice All these things you shall to the uttermost of your power observe and keep Their Office is farther expressed eodem pag. 93. which is to sit in the Court of Attachment to see the Attachments of the Forest to receive the same of the Foresters and Woodwards that do present them and then to enter these attachments into their Roles Verdict veredictum is the answer of a Jury or Enquest made upon any cause civil or criminal committed by the Court to their consideration or tryal And this verdict is two-fold either general or especial Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is given or brought into the Court in like general terms to the general issue as in an action of disseisin the Defendant pleadeth No wrong no disseisin Then the issue is this in general whether the fact in question be a wrong or not And this committed to the Iury they upon consideration of their evidence come in and say either for the Plaintiff that it is wrong and disseisin or for the Defendant that it is no wrong no disseisin And again the prisoner at the bar pleading Not guilty the Enquest in like general terms bring in their verdict either for the King Guilty or for the prisoner Not guilty A special verdict is that whereby they say at large that such a thing and such they find to be done by the Defendant or Tenent so declaring the course of the fact as in their opinion it is proved and for the quality of the fact they pray the discretion of the Court. And this special verdict if it contain any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof read divers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Littleton fol. 78. 79. See the new book of Entries verb. Verdict Verge virgata may seem to come from the French verger i. viridarium hortus It is used here in England for the compass about the Kings Court that boundeth the jurisdiction of the Lord Steward of the Kings houshold and of the Coroner of the Kings house and that seemeth to have been twelve miles compass anno 13 Richard 2. Stat. prim cap. 3. Fitzh nat br fol. 24. B. and Briton fol. 68. b. 69. a. and Fletae lib. 2. cap. 2. and Sir Edward Cooks Reports lib. 4. fol. 47. a. For this see the Statute anno 33 Hen. 8. cap. 12. toward the end But Fleta saith that this compass about the Court is called virgatä à virga quam Marishalus portat ut signism suae potestatis lib. 2. cap. 4. sect prim Verge hath also another signification and is used for a stick or rod whereby one is admitted Tenent and holding it in his hand sweareth fealty unto the Lord of a manor who for that cause is called Tenent by the Verge Old nat br fol. 17. Vergers virgatores be such as cary white wands before the Iustices of either bank c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Very Lord and very Tenent verus Dominus et verus Tenens are they that be immediate Lord and Tenent one to the other Brook titulo Hariot fol. 23. In the Old nat br and in the writ Replegiari de averiis fol. 42. I find these words And know ye that in taking of Leases six things are necessary that is to say very Lord and very Tenent Service behind the day of the taking seisin of the services and within his Fee And know yee that a man is not very tenent untill he have atturned to the Lord by some services So that by Brook the very Lord and the very Tenent must be immediate and by this Book there must be an acknowledgement See anno 19 Hen. 7. cap. 15. See Tenent Vert viride is made of the French verd i. viridis and significth with us in the laws of the Forest every thing that doth grow and bear green leaf within the Forest that may cover and hide a Dâ—er Manwood in the second part of his Forest laws fol. 6. a. and fol. 33. b. with whom also Crompton agreeth fol. 170. of his Iurisd And vert as the same Author saith eodem fol. 34. is divided into Over vert and Neather vert Over vert is that which our Lawyers call Hault bois and Neather vert is that which they call South boil And of this you may read him in his second part of Forest laws cap. 6. per totum Where you shall find that he divideth vert into general and special General is as it is above defined Vert special is every tree and bush within the Forest to feed the Deer withall as Pear trees Crab-trees Hauthorns Blackbush and such like And the reason of this name is because the offence of destroying of such vert is more highly punished than of any other according to the quantity thereof codem cap. 6. num 2. fol. 35. a. Vervise otherwise called Plonkets anno 1. R. 3. cap. 8. a kind of cloath Vesses anno 1 R. 3. cap. 8. anno 14 15 H. 8. cap. 11. otherwise called Set cloaths Vesture Vestura is a French word signifying a garment but in the use of our Common law turned metaphorically to betoken a possession or an admittance to a possession So it is taken Westm. 2. cap. 25. anno 13 Ed. prim And
his house or land c. West parte 2. symb titulo Inditemenes sect 65. M. Lamberd in his Eirenarcha cap. 19. saith thus An unlawfull assembly is the company of three persons or more gathered together to do such an unlawfull act although they do it not indeed So saith Kitchin in effect fol. 20. Vnques prist is word for word alwaies ready And it signifieth a plee whereby a man professeth himself alway ready to do or perform that which the Demandant requireth thereby to avoid charges For example a woman sueth the tenent for her dower and he comming in at the first day offereth to aver that he was alway ready and still is to perform it In this case except the Demandant will aver the contrary he shall recover no dammages When this Plee will serve to avoid charges and when not see Kitchin fol. 243. See Vncore prist VO Voidance vacatio is a want of an Incum bent upon a benefice and this voidance is double either in Law as when a man hath more benefices incompetible or indeed as when the Incumbent is dead or actually deprived Brook titulo Quare impedit n. 51. Voucher Advocatio is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby New book of Entries verbo Voucher Voucher de garrantie Brit. cap. 75. In Latin Advocatio ad warrantizandum is a Petition in Court made by the Defendant to have him called of whom he or his Ancestor bought the Land or Tenement in question and received warranty for the secure injoying thereof against all men Briton of this writeth a long chapter ubi supra intituling it Garant voucher But Bracton writeth a large tractate of it lib. 5. tractat 4. per totum Litleton also handleth it not mincingly in the last chapter of all his Tenures Of this you may read Fitzh also in his nat br fol. 134. De warrantia chartae All this law seemeth to have been brought into England out of Normandy For in the Grand Customaty you have likewise a Chapter intituled vouchment de garant cap. 50. id est vocamentum Garanti where it is set down what time ought to be given for the appearance of the warrant called in this case how many warrants may be vouched one calling in another and divers other points touching this doctrine All which and many more you may read in Bracton ubisupra A common voucher a double voucher Cook lib. 2. Sir Hugh Cholmleis case fol. 50. b. This is very answerable to the Contract in the Civil law whereby the Buyer bindeth the Seller sometime in the simple value of the thing bought sometime in the double to warrant the secure enjoying of the thing bought But this difference I find between the Civil law and ours that whereas the Civil law bindeth every man to warrant the security of that which he selleth ours doth not so except it be especially covenanted The party that voucheth in this case is called the Tenent the party vouched is termed the Voucher The writ whereby he is called is termed Summoneas ad warrantizandum And if the Sheriff return upon that Writ that the party hath nothing whereby he may be summoned then goeth out another Writ viz. Sequatur sub suo pericnlo See Terms of the law verbo Voucher And Lamb. in his explication of Saxon words verbo Advocare See Warranty I read in the new book of Entries of a forein voucher which hath place properly in some Franchise County Palatine or other where one voucheth to warranty one not dwelling within the Franchise fol. 615. columma 1. whereupon because the Foreiner need not be tryed in that Court the record and cause is removed to the common plees c. See of this Fitzh nat br fol. 6. E. VS Vser de action is the pursuing or bringing of an action which in what place and County it ought to be See Brook titulo Lieu County fol. 64. Vse usus is in the original signification plain enough but it hath a proper application in our Common law and that is the profit or benefit of lands or tenements And out of M. Wests first part of his symbol lib. pri sect 48 49 50 51 and 52. I gather shortly thus much for this purpose Every deed in writing hath to be considered the substance and the adjuncts Touching the substance a deed doth consist of two principal parts namely the premises and the consequents The premises is the former part thereof and is commonly said to be all that which precedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which followeth the premises and that is the Habendum In which are two limitations the one of the estate or property that the party passive shall receive by the deed the other of the use which is to express in the said Habendum to or for what use and benefit he shall have the same estate And of the limitation of those uses you may read many presidents set down by the same Author in his second book of his said first part sect 308. and so forth to 327. These uses were invenced upon the Statute called West 3. or Quia emptores terrarum before the which Statute no uses were known Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the use in another there was a Statute made anno 27 H. 8. cap. 1. whereby it was inacted that the use and possession of lands and possessions should alway stand united New Expositor of law terms verbo Vse v. Cook lib. 1. Chudleise case fol. 121. seq Vsher Ostiarius commeth of the French Huissier i. Accensus Apparitor Ianitor It signifieth with us first an Officer in the Eschequer of which sort there be four ordinary Ushers that attend the chief Officers and Barons of the Court at Westminster and Juries Sheriffs and all other Accountants at the pleasure of the Court. There be also Ushers in the Kings house as of the Privy Chamber c. VT Vtas Octavae is the eighth day following any term or feast as the utas of Saint Michael the utas of Saint Hilary the utas of Saint Martin of Saint John Baeptist of the Trinity c. as you may read anno 51 H. 3. stat concerning general daies in the Bench. And any day between the feast and the eighth day is said to be within the utas The use oâ— this is in the return of Writs as appeareth by the same Statute Vtfangthef is an antient Royalty granted to a Lord of a Manor by the King which giveth him the punishment of a thief dwelling out of his Liberty and having committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third Book tractat 2. cap. 35. seemeth rather to interpret the word than to express the
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto another as to his Lord and also that Attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the Writ termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
possession Conspiracie conspiratio though both in Latine and French it be used for an agreement of men to do any thing either good or bad yet in our Lawyers books it is alway taken in the evil part It is defined anno 34 Ed. pri stat 2. to be an agreement of such as do confeder and bind themselves by oath covenant or other aliance that every of them shall bear and ayde the other falsly and maliciously to indite or falsly to move or maintain Plees and also such as cause children within age to appeal men of Felonie whereby they are imprisoned and fore grieved and such as retain men in the Countries with liveries or fees to maintain their malicious enterprises And this extendeth as well to the takets as to the givers And Stewards and Bayliffes of great Lords which by their seignorie office or power undertake to bear or maintain quarrels plees or debates that concern other parties than such as touch the estate of their Lords or themselves anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more anno 1 H. 5. cap. 3. an 18 H. 6. cap. 12. as also in the new book of Entries ver Conspiraey Conspiracie in the places before mentioned is taken more generally is confounded with maintenance and champerty But in a more special signification it is taken for a confederacie of two at the least falsely to endict one or to procure one to be endicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Kings sute is that the party attainted leese his frank law to the intent that he be not empaneld upon Juries or Assises or such like éploiments for the testifying of truth And if he have to do in the Kings Court that he make his Atturney and that his lands goods and chattels be seised into the Kings hands his Lands estreaped if he find no better favour his trees raced and his body committed to prison 27 lib. assis 59. Cromptons Justice of Peace fol. 156. b. This is called villanous judgement or punishment See Villanous judgement But if the partie grieved sue upon the Writ of conspiracy then see Fitzh nat br fol. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fol. 116. A. c. See Frank Law Conspiratione is a Writ that lyeth against conspiratours Fitz. nat br fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable constabularius vel Conestabulis is a Saxon word compounded of cuning or cyng and staple which do signiffe the stay and hold of the King Lamb. duties of Constables num 4. But I have heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we have this Officer from France as most others and not from the Saxons And Tilius in his Commentaries de rebus Gallicis li. 2. c. de conistabili hath the same etymologie giving the reason thereof quia praeest stabulo i. equili regis which office is ancient here in England and mentioned by Bracton seeming to answer him that was called tribunus celerum under the first Kings of Rome and Magister equitum afterward The Germans that inhabite the side of the river Rhene note him by this title die constofler and in counterfeit Latine constofelerus and in older time constafolarius that the Romans were wont to tearm assessorem judicii And as Spiegelius in his Lexicon noreth derive the word à stafolo comitis i. gradu Judicis fiscalis For staffel in their language as he saith signifieth a grees or step of a pair of stairs And thereupon stafelstein being a word used in their very ancient writings signifieth as much as Praetorium But a man many times may shew in this kind more curiosity than discretion as perhaps some will judge me here to have done And therefore enough of this This word is diversly used in our Common law first for the Constable of England who is also called Marshall Stawnâ—â— pl. cor fol. 65. Of whose great dignity and authority a man may find many arguments and signes both in the Statutes and Chronicles of this Realm His sway consisteth in the care of the common peace of the Land in deeds of arms and matters of wars Lamb. ubi supra with whom agreeth the statut anno 13 R. 2. cap. 2. statut 1. Smith de Repub. Anglo lib. 2. cap. 25. Of this Officer or Magistrate M. Gwin in the Preface to his Reading saith to this effect The Court of the Constable and Marshal determineth contracts touching deeds of arms tout of the Realm and handleth things concerning warrs within the Realm as Combats blasons of armory c. But it may not deal with battel in appeals nor generally with any other thing that may be tryed by the Law of the Land And read Fortescue c. 32. This office was belonging heretofore to the Lords of certain mannors jure feudi why it is discontinued see Dyer f. 258. nu 39. Out of this high magistracie saith M. Lamberd were drawn these lower Constables which we calâ—oÌ„stables of Hundreds and franchises and first ordained by the Statute of Winchester anno 13 Ed. 1. which appointeth for the conservation of the peace and view of armour two Constables in every Hundred and franchise which in Latine are called constabularii capitales And these be now a dayes called high Constables because continuance of time and increase both of people and offences hath again under these made others in every Town called petit Constables in Latine subconstabularios which are of like nature but of inferiour authority to the other as you may read at large in that learned mans Treatise before named Of these also read S. Thomas Smith lib. 2. cap. 22. Beside these there be officers of particular places called by this name as Constable of the Tower Stawnf pl. cor fol. 152. anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict fol. 132. Constable of the Exchequer anno 51 H. 3. statute 5. Constable of Dover Castle Camdeni Britan. pag. 239. Fitzh nat br fol. 240. otherwise called castellane West i. cap. 7. anno 3 Ed. 1. But these be castellani properly as Master Lamberd noteth though conjoyned in name with the others See the Statute anno 32 H. 8. cap. 38. M. Manwood parte prima c. 13. of his Forest laws maketh mention of a Constable of the Forest Consuetudinibus servitiis is a Writ of right close which lyeth against the Tenant that deforceth his Lord of the rent or service due unto him Of this see more at large the Old nat br fol. 77. Fitzh eodem fol. 151. and the Register orig fol. 159. Consultation consultatio is a Writ whereby a cause being formerly removed by prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For the Judges of the Kings Court if upon comparing the libel with
the suggestion of the party they do find the suggestion false or not proved and therefore the cause to be wrongfully called from the Court Christian then upon this consultation or deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a consultation Of this you may read the Register orig fol. 44 45. c. usque fol. 58. Old nat br fol. 32. Fitz. eodem fol. 50. Contenement contenementum seemeth to be the free-hold Land which lyeth to a mans Tenement or dwelling house that is in his own occupation For in Magna charta chap. 14. you have these words A free man shall not be amerced for a small fault but after the quantity of the fault and for a great fault after the manner thereof saving to him his contenement or free-hold And a Merchant likewise shall be amerced saving to him his merchandies and any other villain then owers shall be amerced saving his waynage if he take him to our mercy And Bracton lib. 3. tractat 2. cap. 1. num 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti secundùm quod delictum fuit magnum velparvum salvo contenemento suo mercator verò non nisi salva merchandiz sua villanus nisi salvo Waniagio suo which mercy seemeth to have been learned from the Civil law whereby executio non potest fieri in boves aratra aliave instrumenta rusticorum l. executores Authen Agricultores Co. quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei judica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate π. de verbo significa Quae tamen rusticorum militum scholarium privilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Johan Eimericus in processu judiciario cap. de Executione senten 79. num 11. Continuance seemeth to be used in the Common law as prorogatio is in the Civil law For example Continuance until the next Assise Fitz. nat br fol. 154. F. and 244. D. in both which places it is said that if a record in the Treasurie be alleged by the one party and denyed by the other a certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chauncerie that such a record is there or that it is likely to be in th◠Tower the King shall send to the Justices repeating the certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. 199. and also anno 11 H. 6. cap. 4. Continual claim continuum clameum is a claim made from time to time Within every year and day to Land or other thing which in some respect we cannot attain without danger For example if I be disseised of land into which though I have right unto it I dare not enter for fear of beating it behooveth me to hold on my right of entry to the best opportunity of me and minetheir by approaching as neer it I can once every year as long as I live and so I save the right of entry to mine heir Terms of Law Again if I have a slave or villein broken from me and remaining any where within the ancient demeasne of the King being in the hands of the King I cannot maintain the writ de nativo habendo as long as he contuinueth there but if I claim him within the year and the day and so continue my claim until I can find him within that compass I may lawfully lay hold of him as mine own Fitz. nat br fol. 79. See more in Litleton verbo Continual claim And the new book of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a Covenant or agreement with a lawful consideration or cause West parte prim symbol l. 1. Sect. 10. and lib. 19. π. de verbo Significa with other places it is thus defined Contractus est negotium inter duos pluresve data opera gestum ut vel uterque invicē vel alteruter obligetur Who so will throughly examine the difference between this pactum and such otherwords something like in signification let himsearch the Civilians and he shall find workboth pleasant and profitable and well fitting the Common law also Contra formam collation is is a Writ that lieth against an Abbot or his successor for him or his heir that hath given land toan Abbey to certain good uses and findeth that the Abbot or his Successour hath made a Feofment thereof with the assent of the Tenents to the disherison of the House and Church This is founded upon the statute of West 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the Author of the Terms of Law saith that this is not brought against the Tenent or alienee Contra formam feoffamenti is a Writ that lyeth for the heir of a Tenent infeoffed of certain Lands or Tenements by charter of Feofment of a Lord to make certain services and sutes to his Court and is afterward distreined for more than is contained in the said charter Register orig fol. 176. Old nat br fol. 162. and the Terms of the Law Contributione facienda is a Writ that lieth in case where more are bound to one thing and one is put to the whole burthen Fitz. nat br fol. 162. bringeth these examples If Tenents in common or joynt hold a Mill pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute toward the reparation thereof the rest shall have this Writ to compel them And if there be three Coparceners of Land that owe sute to the Lords Court and the eldest perform the whole then may she have this Writ to compel the other two to a contribution of the charge or to one of them if one onely refuse The Old nat br frameth this Writ to a case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by distresse as intirely as if all were still in one fol. 103. See the Register orig fol. 176. Controller contrarotulator commeth of the French contrerouleur i. antigraphus graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was used for him cui ia muneris iujunctum erat ut observares pecúniam quam in usum Principis vel civitatis collegerunt exactores Budaeus in annota prio in pand tit De officio quaestoris In England we have divers officers of this name as Controller of the Kings house pl. cor fol. 52. anno 6 H. 4. cap. 3. Controller of the Navie anno 35 Elizabeth cap. 4. Controller of the Custome Cromptons
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of the Sea So that when you are out of the Main Sea within the Haven look how many landing places you have so many Creeks may be said to belong to that Haven See Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that a Woman divorced from her Husband hath to recover lands or tenements from him to whom her husband did alienate them during the marriage because during the marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the King for a fine formerly acknowledged before him in his Court which is paid by the Cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff of a City or Town commanding them to proclaim that none cast filth into the ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction land or fraunchis and generally when any thing is done to the Nusance of the Kings tenents Et idem eodem fol. 203 saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his forest laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a Neighbour by a Neighbour lying near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or