time exhorting them ne merces tam viles tanti emerent Parke parcus commeth of the French parquer i. vallo vel fossa circundare It signifieth with vs a peece of grounde inclosed and stored with wild beastes of chase Which a man may haue by prescription or the kings graunt Cromptons Iurisd fol. 148. M. Manwood parte pri of his Forest lawes pag. 148. defineth it thus A parke is a place of priuiledge for wilde beastes of venerie and also for other wild beasts that are beasts of the Forest and of the chase tam syluestres quam campestres And all those wild beastes are to haue a firme peace and protectioÌ„ there So that no man may hurt or chase them within the park without licence of the owner of the same Who also fol. 149. saith thus A parke is of another nature then either a chase or a warren is For a parke must bee inclosed and may not lye ope 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 enclosed And moreouer the owner cannot haue action against such as hunt in his park if it lye open See Forest See Chase See Warren This word Parke Baldwinus deriueth a paradiso eumque locum esse dicit in quo varia animalia ad vsum voluptatis aut venationis includuntur possidentur adempta naturali libertate Ad tit 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 trespas done vpon another mans ground are lawfully impounded Register originall fol. 166. Fitzh nat br fol. 100. Parish parochia commeth of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Accolarum conuentus accolatus sacra vicinia it is vsed in the Cannon law some time for a Bishoprick But in our common law it signifieth the particular charge of a secular priest For euery church is either Cathedrall Couentuall or Parochiall Cathedrall is that where there is a Bishop seated so called a Cathedra Conuentuall consisteth of Regular clerks professing some order of religion or of Deane and chapter or other colledge of spirituall men Parochiall is that which is instituted for the saying of diuine seruice and ministring the holy Sacraments to the people dwelling within a certaine compas of ground neare vnto it Our Realme was first diuided into parishes by Honorius Archb of Canterbury in the yeare of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I finde there were in England in the daies of H. 8. the number of 45000. Hotoman in his disputations de feudis ca. 2. maketh mention of this word parochia out of Pomponius Laetus in these words Nam sic quoque Pomponius Laetus veterem consuetudinem fuisse scribit eamque ab Imperat 〈…〉 Constantino repetitam vt Duc 〈…〉 praefectis Tribunis qui pro augendâ— Imperio consenuerant darentur agri villaeque vt necessaria suppet 〈…〉 quoad viuerent quas paroehias cabant And a litle after ver 〈…〉 inter feuda parochias hoc 〈…〉 est quod hae plerumque senibus 〈…〉 veteranis plerisque emeritae 〈…〉 dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum nasceretur euocati non tam milites quà m magistri milituÌ„ viderentur Feuda vero plurimum Iâ—â—enibus robustis primo flore aetatis qui militiae munus sustinere poteraÌ„t imo verò vt posseÌ„t vt velleÌ„t c. Parlament parlamentum is a French word signifiing originally as much as Collocutio or colloquium but by vse it is also taken for those high courts of Iustice throughout the kingdome of Fraunce where mens causes and differences are publikely determined without farder appeale Whereof there be seuen in number as Paris Tolouse Gresnoble in Daulphene Aix in Prouence Bordeaux Diion in Bourgogine and Roan in Normandy Vincentius Lupanus de Magistrat Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Haillon addeth the eighth viz. Rhenes in Brettagne In England we vse it for the assembly of the king and the three estates of the Realme videlicet the Lords Spirituall the Lords Temporall and commons for the debating of maters touching the common wealth and especially the making and correcting of lawes which assembly or court is of all other the highest and of greatest authoritie as you may reade in Sir Thomas Smith de Repub. Anglo lib. 2. cap. 1. 2. Camd. Britan. pag. 112. and Cromptons Iurisd fol. pri seqq The institution of this court Polydor Virgil lib. 11. of his Chronicles referreth after a sort to Henry the first yet confessing that it was vsed before though verie seldome I find in the former prologue of the Grande Custumarie of Normandie that the Normans vsed the same meanes in making their lawes And I haue seene a monument of Antiquite shewing the maner of houlding this parlament in the time of King Edward the sonne of King Etheldred which as my note saith was deliuered by the discreeter sorte of the Realme vnto William the Conquerour at his commaundement 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 Archiepiscopis Episcopis Abbatibus Prioribus per BaroniaÌ„ tenentibus Tertius gradus est de procuratoribus cleri Quartus gradus est de Comitibus Baronibus aliis Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est parlamentum ex sex gradibus sed sciendum licet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nibilo minus censetur esse plenum Touching the great authoritie of this court I finde in Stowes Annalls pag. 660. that Henry the sixth directing his priuie seale to Richard Earle of Warwicke thereby to discharge him of the Captainship of Cales the Earle refused to obey the priuie seale and continued forth the said office because he receiued it by Parlament But one example cannot make good a doctrine And of these two one must needes be true that either the king is aboue the Parlament that is the positiue lawes of his kingdome or els that he is not an absolute king Aristotle lib. 3. Politico cap. 16. And therefore though it be a mercifull policie and also a politique mercie not alterable without great perill to make lawes by the consent of the whole Realme because so no one part shall haue cause to complaine of a partialitie yet simply to binde the prince to or by these lawes weare repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5.
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans 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. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners 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 pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
or reall Personall may be so called in two respects one because they belong immediatly to the person of a man as a bowe horse c. the other for that being any way withheld iniuriously from vs we haue no meanes to recouer them but by personall action Chatels reall be such as either appertain not immediatly to the person but to some other thing by way of dependencie as a boxe with charters of land the body of a ward apples vpon a tree or a tree it selfe growing on the ground Cromptons Iustice of peace fo 33. B or els such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearme of yeares Also to hould at will is a chatell reall New tearmes verbo Chatell The ciuilians comprehend these things as also lands of what kin de or hould so euer vnder bona bona autē diuiduntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208 〈◊〉 de verb. significa interpretes ibidem Bract. also ca. 3. li. 3. nu 3. 4. seemeth to be of the same iudgement Catallis captis nomine districtionis is a writ which lyeth within a borowe or within a house for rent going out of the same and warranteth a man to take the doores windowes or gates by way of distresse for the rent Old nat br fo 66. Catallis reddendis is a writ which lyeth where goods being deliuered to any man to keepe vntill a certaine day and be not vpon demande deliuered at the day And it may be otherwise called a writ of detinew See more of it in the Register orig fo 139. and in the ould nat br fo 63. This is answerable to actio depositi in the ciuile lawe Catchepolle though it now be vsed as a word of contempt yet in auncient times it seemeth to haue bene vsed without reproch for such as we now call sergeants of the mace or any other that vse to arrest men vpon any cause anno 25. Ed. 3. stat 4. ca. 2. Cathedrall See church Casu matrimonii praelocuti is a writ which lyeth in case where a woman giueth lands to a man in fee simple to the intent he shall mary her and refuseth so to doe in reasonable time being required thereunto by the woman The forme and farder vse hereof learne in the Register orig fol. 233. and in Fitzh nat br fo 205. Causam nobis significes is a writ which lyeth to a Mayer of a towne or city c. that formerly by the kings writ being commaunded to giue seisin vnto the kings grantee of any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke li. 4. casu communalty des Sadlers fo 55 b. Cautione admittenda is a writ that lyeth against the Bishop houlding 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 thence forth The forme and farder effect whereof take out of the Regist orig pa. 66. and Fitzh nat br fol. 63. Century centuria See Hundred Cepi corpus is a returne made by the Shyreue that vpō an exigēd he hath taken the bodie of the partie Fitzh nat br fo 26. Certiorari is a writ issuing out the chauncerie to an inferiour courte to call vp the records of a cause therein depending that conscionable iustice therein may be ministred vpon complaint made by bill that the partie which seeketh the said writ hath receiued hard dealing in the said court Termes of the lawe See the diuers formes and vses of this in Fitzh nat br fo 242. as also the Register both originall and iudiciall in the tables verbo Certiorari Cromptō in his Iustice of peace fo 117. saith that this writ is either returnable in the Kings bench and then hath these wordes nobis mittatis or in the chauncerie and then hath in cancellaria nostra or in the common bench and then hath Iusticiariis nostris de banco The word certiorare is vsed diuers times in the digest of the ciuile lawe but our later Kritiques think it soe barbarouse that they suspect it rather to be foisted in by Tribonian thē to be originally vsed by those men of whose workes the saide digest is compiled Prataeus in suo lexico Certificat certificatoriū is vsed for a wirting made in any courte to giue notice to another courte of any thing done therein As for example a certificate of the cause of attainte is a transcript made briefely and in few words by the clerke of the Crowne clerke of the peace or clerke of assise to the courte of the Kings benche conteying the tenure and effect of everie endictment outlawrie or conviction and clerke attained made or pronounced in any other court an 34. H. 8. c. 14. Of this see more in Certificat d'evesque Broke f. 119. Certification of assise of novel dissessin c. Certificatio assisae novae disseisinae c. is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices and is called certificatione novae disseisine Old nat br fo 181. Of this see also the Register Original fo 200. and the newe booke of entrise verbo Certificat of assise This word hath vse where a man appearing by his bayliffe to an assise brought by another hath lost the day and hauing something more to pleade for himselfe as a deede of release c. which the bayliffe did not or might not pleade for him desireth a farder examination of the cause either before the same Iustices or others and obteineth leters patents vnto them to that effect The forme of these leters patents you may see in Fitzh nat br fo 181. and that done bringeth a writ to the Shyreeue to call both the party for whome the assise passed and the Iurie that was empaneled vpon the same before the said Iustices at a certaine day and place And it is called a certificate because in it there is mention made to the Shyreeue that vpon the parties complainte of the defectiue examination or doubts yet remaining vpon the assise passed the King hath directed his leters patēts to the Iustices for the beter certifiing of themselues whether all points of the said assise were duly examined yea or not See farder old nat br and Fitzh vbi supra Of this also you may reade Bracton li. 4. ca. 19. nu 4. in fine 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices li. 3. ea finali § en eyde des memoyres c. Certificando de recognitions Stapulae is a writte directed to the Mayor of the staple c. cōmaunding him to certifie the chaunceler of a statute of the staple taken before him betweene such and such in case where
is vsed in the common law for that which commeth in or is adhering of the side as collaterall assurance is that which is made ouer and beside the deede it selfe For example if a man couenant with another and enter bond for the performance of his couenant the bond is termed collaterall assurance because it is externall and without the nature and essence of the couenant And Crompton in his Iurisd fol. 185. saith that to be subiect to the feeding of the kings Deere is collateral to the soyle within the Forest In like maner may we say that the libertie to pitche boothes or standings for a Faire in another mans ground is collaterall to the ground The priuate woods of a common person within a Forest may not be cut without the kings licence For it is a prerogatiue collaterall to the soyle Manwood parte 1. of his Forest lawes pag. 66. Collaterall warrantie See Warrantie Collation of a benefice collatio beneficii signifieth properly the bestowing of a benefice by the Bishop that hath it in his owne 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 vsed for presentation anno 25. Ed. 3. stat 6. Collatione facta vni post mortem alterius c. is a writ directed to the Iustices of the coÌ„mon 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 suit betweene the king and the Bishops clerk is departed For iudgment once passed for the kings clerk and he dying before he be admitted the king may bestow his presentation vpon another Register orig fo 31. b. Collatione heremitagii is a writ whereby the king conferreth the keeping of an ermitage vpon a clerk Register orig fo 303 308. Colour color signifieth in the common law a probable plee but in truth false and hath this end to draw the triall of the cause from the Iury to the Iudges Of this see two apt examples in the author of the new tearms Verbo Colour who also referreth you to the Doctor and student fo 158. c. See Broke tit Colour in assise trespas c. fo 140. Collusion collusio is in our common law a deceitfull agreemeÌ„t or compact between two or more for the one party to bring an action against the other to some euill purpose as to defraude a third of his right c. See the new tearms and Broke titulo Collusion See also one case of collusion in the Register orig fo 179. a. Combat duellum is a french word signifiing as much as certamen decertatio dimicatio discrimen praelium pugna but in our common law it is taken for a formall triall of a doubtfull cause or quarrell by the sword or bastons of two champions Of this you may reade at large both in diuers ciuilians as Paris de Puteo de remilitari duello Alciat de duello Hotomam disputatio feudalium ca. 42. and others as also in our common lawyers of England namely Glanuile li. 14. ca. 1. Bracton li. 3. tracta 2. ca. 3. Britton ca. 22. Horns mirrour of Iustices li. 3. ca. des exceptions in fine proxime ante c. IuramentuÌ„ duelli Dier fo 301. nu 41. 42. That this also was aunciently the law of the Lombards before they inuaded Italy which was about the yeare of our Lord 571 appeareth by Sigonius in his historie De regno Italiae lib. 2. de Ariâ—aldo rege who there reporteth that the said king hauing put away his wife Gundeberga vpon a surmise of adulterie with Tato Duke of Etruria at the priuate suggestion of Adalulphus a great man among the Lombards and being charged by Clotharius the king of France his Ambassadors of whose bloud she was that he had done her wrong he answered that he had done her no wrong Whereupon Ansoaldus one of the ambassadors replyed that they would easily beleeue him if he would suffer the truth to be tried by combat betweene some one of the Queens friends and her accuser according to the custome of the Lombards And the king yeelding vnto this Adalulphus was vanquished by one Pitto otherwise called Charles set foorth for the Queenes chaÌ„pion and she restored to her former place and honour Cominseede aliâs Cumin seed Semen cumini is a seede brought foorth by an hearbe so called which you may see described in Gerards Herball lib. 2. cap. 416. This is placed among the garbleable drugges anno 1. Iacob cap. 19. Comitatu commisso is a writ or a commission whereby the Shyreeue is authorized to take vpon him the swaye of the countie Regist orig fol. 295. a. b. and Co 〈…〉 Reports li. 3. fol. 72. a. Comitatu castro commisso is a writ whereby the charge of a countie together with the keeping of a castell is committed to the Shyreeue Reg orig fol. 295. a. Commaundrie praeceptoria was by some mens opinion a maner or chiefe mefuage with which lands or tenements were occupied belonging to the Priorie of S. Iohns in Hierusalem in England and he which had the gouernement of any such maner or house was called the commaunder who had nothing to dispose of it but to the vse of the Priorie taking onely his sustenance thence according to his degree and was vsually a brother of the same Priorie Author of the new tearmes of lawe verbo Commaundrie By some other bookes it appeareth that the chiefe Prior of S. Iohns was a coÌ„maunder of a Nunnerie and coÌ„stituted the Priores of the said Nunnerie who was vnder his obedience and remoueable at his will notwithstanding that shee had covent and common seale and had her possessions seuerall and was wont to lease the land for terme of yeares Fulbecks Paralels fol. 2. a. Of these commaÌ„dries also Petrus Gregorius lib. de beneficiis cap. 11. num 11. hath these words Praeceptoriae dictae commendae sacrorum militum 〈…〉 eluti ordinis hospitalii Sancti Ioannis Hierosolymitani beneficia quidem secundum quid Ecclesiastica dic untur à Barbatia ad Clement causam col 51. de Electione Tamen non propriè dicuntur ex genere communium beneficiorum eo quòd personae conferentes quibus conferuntur non sunt laicae vel ecclesiasticae sed tertu ordinis De hiis beneficiis â—fit mentio cap. exhibita de priuilegiis in extravag com in cap. Dudum de decimis These in many places of our realme are termed by the name of temples because they sometime belonged to the Templers Of these you reade ann 26 H. 8. cap. 2. anno 32. eiusd ca 24. And of these the said Gregorius Tolosanus li. 15. sui syntagmatis cap. 34. hath these words Monuimus superiori capite
is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe 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 ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne 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 Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe 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 generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.
Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi 〈…〉 See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed 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 heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miserâ—â—rdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of
register fol. 234. which lyeth where the tenent for terme of life or of anothers life tenent by curtesie or tenent in Dower maketh a feofment in fee dyeth he in the reuersion shall haue the foresaid writagainst whomsoeuer that is in the land after such feofment made Ingrossing of a fine is making the indentures by the chirographer and the deliuery of them to the party vnto whom the cognisance is made Fitzh nat br fol. 147. A. Ingrosser ingrossator commeth of the frence Grosseur i. crassiiudo or Grosier i. Solidarius venditor it signifieth in the common law one that buieth corne growing or dead victuall to sell againe except barly for mault oats for oatemeale or victuals to retaile badging by licence and buying of oiles spices and victualls other then fish or salte anno 5. Edward 6. cap 14. anno 5. Elizab cap 14. anno 13. Elizab. cap 25. these be M. Wests words parte 2. simbol titulo Inditements sect 64. howbeit this definition rather doth belong to vnlawfull ingrossing then to the word in generall see Forstaller Inheritance hareditas is a perpetuity in lands or tenements to a man and his heirs For Litleton cap i. lib i hath these words and it is to be vnderstand that this word inheritance is not onely vnderstand where a man hath inheritance of lands and tenements by discent of heritage but also euery fee simple or fee taile that a man hath by his purchase may be said inheritance for that that his heires may inherit him Seuerall inheritance is that which two or moe hould seuerally as if two men haue land giuen them to them and the heires of their two bodies these haue ioynt estate during their liues but their heires haue seuerall inheritance Kitchin fol 155. See the new terms of law verbo Enheritance Inhibition Inhibitio is a writt to inhibit or forbid a Iudge from farder proceding in the cause depēding before him See Fitzh nat br fol 39. where he putteth prohibition and inhibition together inhibition is most commonly a writ issuing out of a higher courte Christian to a lower and inferiour vpon an Appeale anno 24. H. 8. cap 12. and prohibition out of the kings courte to a court Christian or to an inferiour temporall court Iniunction iniunctio is an interlocutory decree out of the Chācerie sometimes to giue possession vnto the plaintife for want of apparence in the defendant sometime to the Kings ordinary court and somtime to the court Christian to stay proceeding in a cause vpon suggestion made that the regour of the law if it take place is against equitie and conscience in that Case see West parte 2. simb titulo Proceeding in Chauncery sect 25. Inlawgh Inlagatus vel homo sub lege signifieth him that is in some frank pledge of whome take Bractons words l. 3. tracta 2. cap. H. nu 5. Minor verò qui infra aetatem duodecim annorū fuerit vtlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlowghe anglicè sc in franco plegio siue decenna sicut masculus duodecim annorum vlteriūs c. Inlaughe significat hominem subiectum leg i Fleta li. i. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the kings protection and to the benifite or estate of a subiect Bracton lib. 3 tracta 2 cap. 14. nu 6. 7. 8. Britton cap 13. Inmates are those that be admitted to dwell for their mony iointly with another mā though in seuerall roomes of his mantiō house passing in and out by one doore and not being able to maintaine themselues which are inquiralle in a leete Kitchin fol 45 where you may reade him at large who be properly Inmates in intendment of law and whoe not Imprision anno 18 Ed 3 statu 4 cap. vnico seemeth to signifie so much as an attempt comming of the french empris which is all one with enterpris an enterprise Inquirendo is an authoritie giuen to a person or persons to inquire into some thing for the kings aduantage which in what cases it lieth see the Register originall fol. 72. 85. 124. 265. 266. 179. 267. Inquisition Inquisitio is a maner of proceeding in maters criminall by the office of the Iudge which Hostiensis defineth thus Inquisitio nihil aliud est quà m alicuius criminis manifesti ex bono aquo Iudicis compeientis canonicè facta investigatio ca. qualiter de accusatio In the Decretales this course we take here in England by the great Enquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with vs vsed for the King in temporall causes and profits in which kinde it is confounded with Office Stawnf praerog fo 51. See Office Inrolement Irrotulatio is the registring recording or entring of any lawful act in the rowles of the chauncerie as recognisance acknowledged or a statute or a fine leuied 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 kinde of theeues in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that libertie did receiue in such booties of catell or other things as the out parters brought in vnto them See Out parters Interdiction Interdictio is vsed in the common lawe in the same signification that it hath in the canon lawe where it is thus defined interdictio est censura ecclesiastica prohibens administrationem diuinorum c. quod in te de paenitent remiss in the Decretals and thus is it vsed anno 24. H. 8. cap. 12. Interpleder See Enterpleder Intrusion Intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est vbi quis cui nullum ius competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem iacentem antequam adita fuerit ab harede vel saltem a domino capitals ratione custodiae vel ratione eschaeta si forte heredes non existant vel si post mortem alicuius per finem factum vel per modum donationis vbi successio sibi locum vendicare non possit vel si post mortem alicuius qui tenuit ad vitam debeat tenementum reverti ad proprietariū ponat quis se in seisinā antequā tenemētū illud veniat ad illū ad quem pertinere deberet ex praedictis causis with whome agreeth Fleta lib. 4. cap. 30. § 1. 2. See Britton cap. 65. to the same effect See the newe booke of Entries verbo Entrusion See Entrusion See disseisin the author of new Terms of lawe would haue intrusion especially after the tenent for life is deceased verbo Abatement and abatement in all other cases But I finde
Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominū status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpō any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio 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 Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the
tract 2. cap. 7. 10. 12. and Fleta li. 6. cap. 10. Horne in his second booke of his mirrour ca. des Essoines saith that the aduerse party may graunt licentiam surgendi to his aduersary thus essoyned And if he will not the king vpon iust cause may Licentia surgendi is the writ whereby the tenent essoyned de malo lecti obteineth liberty to rise See Licence to arise See the Register fol. 8. Licentia transfretandi is a writ or warrant directed to the keepers of the Port at Douer c. willing them to let some passe quietly ouer sea that hath formerly obteined the kings licence thereunto Reg. Orig. fol. 193. b. Lieftenent locum tenens is a French word signifiing as much as Legatus it is compounded of Lieu. i. Locus and tenir i. tenere It signifieth with vs him that occupieth the kings place or representeth his person as the Liefetenent of the Kings of Ireland anno 4. H. 5. cap. 6. so is it vsed anno 2. 3. Ed. 6. cap. 2. whence that officer seemeth to take his beginning But I read also in M. Manwoods first part of forest lawes pag. 113. that the lord cheife Iustice in Eyre of the Forest and the cheife warden also haue their Liefetenents in the forest So that though a Leiftenent be most ordinary and most properly vsed for the Depute of the king yet is it sometime exteÌ„ded to ther deputes that be but Liefetenents to the King Liefetenent of the Ordinance anno 39. El. ca. 7. Liege ligius is a word borowed from the Feudists and hath two seuerall significations in our common lawe sometime being vsed for Liege Lord. anno 34. 35. H. 8. cap. 1. anno 35. eiusdem cap. 3. and somtimes for Liege man anno 10. R. 2. cap. vnico anno 11. eiusdem cap. prim Liege Lord is he that acknowledgeth no superiour Duarenus in Comment de Consuetud Feudorum cap. 4. num 3. Liege man is he that oweth legeancie to his liege Lord. M. Skene de verb. sign verbo Ligeantia saith that it is deriued from the Italian word liga i. a band league or obligation in whom read more of this mater Ligeancie is such a duty or fealtie as no man may owe or beare to more then one Lord. Idem eodem num 4. I find also this definition of ligeancie in the grand Custumarie of Normandy cap. 13. Ligeantia est ex qua Domino tenentur vasalli sui contra omnes homines qui mori possunt viuere proprii corporis praebere consilii auxilii iuvamentum ei se in omnibus innocuos exhibere nec ei adversantium partem in aliquo confouere Dominus etiam eosdem tenetur regere protegere defensare eosque secundum iura consuetudines leges patriae pertractare this is otherwise called lâ—gietas Cassan de Consuetud Burgund pag. 420. 421. This word is vsed in the statutes of our realm as the kings liege people anno 14. H. 8. c. 2. Of the oath of leageancy Iacobutius de Franchis in praeludio feudorum cap. 2. nu 138. hath these words Praestatur hoc Ligeum Homagium in manibus Regis vel imperatoris genibus flexis positis manibus iunctis in manibus Domini dicendo Ego iuro homagiuÌ„ tibi Dom. vt a modo sim homo ligeus vester contra omnem hominem qui potest viuere verba sunt pulchra Andr. de Isern in cap. 1. in verbo omnem Colum prima de noua forma fidelita hoc ligeum Homagium videmus praestari domino Regi tantum quia cum per id efficiatur homo solius illius cui iuratur vt dixit Hostiensis in cap. ex diligenti de Symon alii non potest praestari i. quia illius solius esse similiter non potest Non 〈…〉 esse potest duorum in solidum l. si vt certo § si duobus vehiculum 〈◊〉 commodati secundùm And in dicto cap 1. § omnem Bald hic in 7. diuis Aluar. in 13. diuisione Non ligeum verò dicitur quando quis â—â—rat fidelitatem Domino excepta aliqua persona viz. domino superiori vel antiquiore Hactenus Iacobutius where you may reade more touching this point as also in Hotomans disputations de feudis pag. 816. fol. 820. c. Ligeance Ligeantia See Liege It sometime signifieth the dominions or territoritie of the Liege Lord as anno 25. Ed. 3. stat 2. Children borne out of the Ligeance of the King Lierwit est mulcta adulteriorum Fleta li. 1. ca. 47. It is vsed for a libertie whereby a Lord chalengeth the penalty of one that lyeth vnlawfully with his bond woman See Lotherwit Limitation of Assise Limitatio assisae is a certaine time set downe by statute within the which a man must alledge himselfe or his auncester to haue bin seised of lands siewed for by a writ of Assise See the statute of Merton cap. 8. anno 20. H. 3. and West 1. cap. 38. and an 32. H. 8. c. 2. an 1. M. 1. p. c. 5. See also Theloals digest of writs lib. 10. cap. 2. So it is vsed in the old nat br fol. 77. in these words the writ de consuetudinibus seruitiis lyeth where I or mine Auncesters after the limitation of Assise were not seised of the Customes c. But before the Limitation of Assise wee were seised c. Lindwood was a Doctor of both Ciuill and Canon lawes and Deane of the Arches he was Embassadour for Henry the fiueth into Portingall anno 1422. as appeareth by the preface to his commentarie vpon the Provincialls Litleton was a lawyer of great accompt liuing in the daies of Edward the fourth as appeareth by Stawnf praerogat cap. 21. fol. 72. he wrot a booke of great accompt called Litletons tenoures which Hotoman in his commentary de verbis feudalibus verb. Foedum thus commendeth Stephanus Pasquerius excellenti vir ingenio inter Parisienses causidicos dicendi facultate praestans libellum mihi Anglicanum Litletonum dedit quo Feudorum Anglicorum lura exponuntur ità inconditè absurde inconcinnè scriptum vt facilè appareat verum esse quod Polidorus Virgilius in Anglica historia scribit stultitiam in eo libro cum malitia calumniandi studio certare Literae ad faciendum attornatum pro secta facienda see in the Regist originall fol. 172. Literae de annua pensione eodem 266. 307. Litera patens ad faciendum generaleÌ„ atturnatum quia infirmus eodem fol. 21. Litera per quam dominus remittit curiam suam Regi eodem fol. 4. Literae de requestu eodem fol. 129. Literae canonici ad exercendam iurisdictionem loco suo fo 305. Literae patentes ad conferendum beneficta domino in remotis agente fol. 305. Literae ad innote sceÌ„dum recuperationem Regis de ecclesia omnibus quorum interest fol. 305. Literae patentes regis quod Abbas ad totam vitam suam possit
mesler i. miscere turbare Meere Merus though an Adiectiue yet is it vsed for a substantine signifiing meere tight Owld nat br fol. 2. in these words And knowe yee that this writte hath but two issues that is to say ioyning the mise vpon the meere And that is to put himselfe in the great assise of our Souerainge Lord the King or to ioyne battell See Mise Mesurement See Admesurement Medietas linguae signifieth an enquest empaneled vpon any cause wereof the one halfe consisteth of Denizens the other of straungers It is called in English the halfe tongue and is vsed in plees wherein the one party is a straunger the other a denizen See the statute anno 28. Ed. 3. ca. 13. anno 27. eiusdem statu 2. ca. 8. commonly called the statute of the Staple anno 8. H. 6. ca. 29. anno 2. He. 5. ca. 3. anno 11. He. 7. ca. 21. anno 1. 2. Phi. Mar. ca. 8. And before the first of these statutes was made this was wonte to be obteined of the King by graunt made to any company of straungers as Lombards Almaines c. Stawnf pl. cor lib. 3. ca. 7. Medio acquietando is a writ iudiciall to distraine a lord for the acquiting of a meane Lord from a rent which he formerly acknowledgeth in court not to belong vnto him Register iudiciall fol. 29. b. Melius inquirendo is a writ that lyeth for a second inquiry as what lands and tenements a man dyed seised of where partiall dealing is suspected vpon the writ Diem clausit extremum Fitzh nat br fol. 255. Merchenlage was one of the three sorts of lawes out of which the Conquerour framed lawes vnto vs mingled with those of Normandy Camd. Britan. pag. 94. who also pag. 103. sheweth that in the yeare of our lord 1016. this land was diuided into three parts whereof the west Saxons had one gouerning it by the lawes called West Saxon lawes and that conteined these nine shyres Kent Southsex South rey Barkeshire Hamshire Wilshire Somerset Dorset and Deuonshire the second by the Danes which was gouerned by the lawes called Denelage and that conteined these fifteene shires Yorke Darby Notingham Leycester Lincolne Northampton Bedford Buckingham Hertford Essex Midlesex Northf Southf Cambridge Huntington The third was possessed and gouerned by the Mercians whose lawe was called Merchenlage which were these eight Glocester Worcester Hereford Warwicke Oxenford Chester Salop and Stafford See Lawe Mercy Misericordia signifieth the arbitrement or discretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grieuous mercie of the king anno 11. H. 6. cap. 6. is to be in hazard of a great penaltie See Misericordia Measondue domus Dei commeth of the French maison de dien by which names diuers Hospitals are named You find the word anno 2. 3. Philip. Mar. cap. 23. in fine Mese See Mease Mesn medius seemeth to come from the French mainsnè i. minor natu it signifieth in our common lawe him that is lord of a maner and thereby hath tenents holding of him yet holding himselfe of a superiour Lord. And therefore it seemeth not absurdly to be drawne from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and tenent the tenent holding of the mesn by the same seruices whereby the mesn holdeth of the Lord and the tenent of the mesn is distrained by the superiour lord for that his seruice or rent which is due to the mesn Fitz. nat br fol. 135. See Mesnaltie Mesnaltie medietas commeth of Mesn and signifieth nothing but the right of the mesn as the mesnaltie is extinct old net br fol. 44. if the mesnalty descend of the tenent Kitchin fol. 147. For farder vnderstanding wherof take these words out of the Custumarie of Norm Medietate tenentur feuda quando aliqua persona intervenit inter Dominum tenentes Et hoc modo tenent omnes post nati mediante ante nato Messenger of the Exchequer is an Officer there of which sorte there be foure in that court that be Pursuyvants attending the lord Treasurer to cary his leters and precepts See Pursuyvant Mesuage mesuagium is a dwelling house West part 2. symbol titulo Fines sect 26. But by the name of a mesuage may passe also a Curtilage a garden an orchard a doue house a shoppe a mill as parcell of an house as he himselfe confirmeth out of Bracton lib. 5. cap. 28. sect prim and Plowden fol. 199. 170. 171. and of himselfe he auoucheth the like of a cotage a tost a chamber a celler c. yet may they be demaunded by their single names Mesuagium in Scotland signifieth the principall dwelling place or house within a Barony which in our land is called a maner-house Skene de verb. significat verbo Mesuagium where he citeth Vaientine Leigh that in his booke of Suruey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or court hall thereof to be called the site in Latine called Situs Mile milliare is a quantitie of a thousand paces otherwise described to containe eight furlongs and euery furlong to conteine forty lugs or poles and euery lugger or pole to containe 16. foote and a halfe anno 35. El. cap. 6. Mildernix anno 1. Iacob cap. 24. Mindbruch is hurting of honour and worship Saxon in his description of Engl. cap. 71. Miniuer See Furre Minouery anno 7. R. 2. cap. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie worke in the Forest as an engyn to catch Deere Britton vseth the verbe Meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handy-worke It is not vnlike that our English manure is abbreuiated of the French Mint commeth of the Germane word meunk i. pecunia moneta and it signifieth with vs the place where the kings coyne is formed be it gold or siluer which is at this present and long hath bene the Tower of London though it appeare by diuers stories and other anticuities that in auncient times the mint hath bene also at Câ—leis an 21. R. 2 cap. 16. anno 9 Hen. 5. stat 5. cap. 5. The Officers belonging to the mint haue not bene alwaies alike At this present they seeme to be these The Warden who is the chiefe of the rest and is by his office to receiue the siluer of the Goldsmiths and to pay them for it and to ouersee all the rest belonging to this functioÌ„ His fee is an hundred pounds per annum The master-worker who receiueth the siluer from the Warden causeth it to be melted and deliuereth it to the moniers and taketh it from them againe when it is made His allowance is not any set fee but according
praecepturum pro viribus opem impensurum vt ecclesiae dei omni populo Christiano vera pax omni suo tempore observetur Secundò vt rapacitates omnes iniquitates omnibus gradibus interdicat 3. vt in omnibus iudieiis aequitatem praecipiat misericordiam vt indulgeat et suā misericordiā clemens misericors Deus vt per Iustitiā suam firma gaudeant pace vniuersi And in the old abridgement of statutes set out in H. 8. daies I finde it thus described This is the oath that the King shall sweare at his coronation That he shall keepe and maintaine the right and the liberties of the holy church of old time graunted by the righteous Christian Kings of England and that he shall keepe all the lands honours and dignities righteous and free of the Crowne of England in all maner whole without any maner of minishment and the rights of the Crowne hurt decayed or lost to his power shall call againe into the auncient estate and that he shall keepe 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 iudgements equitie and right iustice with discretion and mercie and that he shall graunt to hold the lawes customes of the realme and to his power keepe them and affirme them which the folke and people haue made and chosen and the euill lawes and customes wholly to put out and stedfast and stable peace to the people of this realme keepe and cause to be kept to his power and that he shall graunt no charter but where he may doe it by his oath All this I finde in the foresaide Booke titulo Sacramentum Regis and Charter of pardon quinto Oth of the Kings Iustices is that they well and truly shall serue the king and that they shall not assent to things that may turne to his dammage or disinheritance Nor that they shall take no fee nor liuerie of none but the king Nor that they shall take gift nor reward of none that hath adoe before them except it be meate and drinke of smal value as long as the plee is hanging before them nor after for the cause Nor that they shall giue councell to none in mater that may touch the King vpon paine to be at the kings will body and goods And that they shall doe right to euery person notwithstanding the Kings leters c. anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se Otho was a Deacon Cardinall of S. Nichens in carcere Tulliam and Legate for the Pope heere in England anno 22. H. 3. whose constitutions we haue at this day Stowes An. pa. 303. see the first constitution of the said Legat. Othobonus was a Deacon Cardinall of S. Adrian and the Popes legate heere in England anno 15. H. 3. as appeareth by the award made betweene the said King and his commons at Kenelworth his constitutions we haue at this day in vse Ouch anno 24. H. 8. ca. 13. Ouster le main Amouere 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 giuen for him that tendeth a trauers or sieweth a Monstrance de droit or petition For when it appeareth vpon the mater discussed that the King hath noe right nor title to the thing he seised then Iudgement shal be giuen in the Chauncery that the kings hands be amoued and thereupon Amoueas manum shal be awarded to the Escheatour which is as much as if the iudgement were giuen that he should haue againe his land v. Stawn praerog ca. 24. See anno 28. Ed. 1. stat 3. ca. 19. It is also taken for the writ graunted vpon this petition Fitzh nat br fol. 256. C. It is written oter le maine anno 25. Hen. 8. ca. 22. Ouster le mer vltra mare commeth of the French oultre i. vltra and le mer. i. mare and it is a cause of excuse or Essoine if a man appeare not in Court vpon Summons See Essoin Outfangthef aliâs vtfangthef is thus defined by Bracton li. 3. tra 2. ca. 34. vtfangthef dicitur latro extraneus veniens aliunde de terra aliena qui captus fuit in terra ipsius quitales habet libertates but see Britton otherwise fol. 91 b It is compounded of three Saxon words out i. extra fang i. capio vel captus and Thef i. fur It is vsed in the common law for a liberty or priuiledge whereby a Lord is inhabled to call any man dwelling within his owne fee and taken for felony in any other place and to iudge him in his owne court Rastals expos of words Owelty of seruices is an equality when the tenent parauaile oweth as much to the mesn as the mesn doth to the Lord paramont Fitzh nat br fol. 136 A. B. Outlawry vtlagaria is the losse or depriuation of the benefit belonging to a subiect that is of the Kings protection and the Realme Bracton li. 3. tract 2. ca. 11. num pri nu 3. Forisfacit vtlagatus omnia quae pacis sunt Quia a tempore quo vtlagatus est caput gerit lupinum ita quòd ab omnibus interfici possit impunè maxime si se defenderit vel fugerit ita quòd difficilis sit eius captio nu 4. Si autem non fugerit nec se defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outeparters anno 9. H. 5. ca. 8. seemeth to be a kind of theeues in Ridesdall that ride abroad at their best advantage to fetch in such catell or other things as they could light on without that liberty some are of opinion that those which in the forenamed statute are termed out-patters are at this day called out-putters and are such as set matches for the robbing of any man or house as by discouering which way he rideth or goeth or where the house is weakest fittest to be entred See Intakers Owtryders seeme to be none other but bayliffe errants employed by the Shyreeues or their fermers to ride to the fardest places of their counties or hundreds with the more speede to summon to their county or hundred courts such as they thought good to worke vpon anno 14. Ed. 3. stat 1. ca. 9. Oxgang of Land Bouata terrae Sixe oxgangs of land seeme to be so much as sixe oxen will plough Crompton iurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lyeth in gainour old nat br fol. 117. M. Skene de verbor significat verbo Bovata terrae saith that an oxen-gate of land should alway conteine 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See
his auncienter Lord by prioritie and of his later Lord by posterioritie Stawn praerog fol. 10. 11. when one tenent holdeth of two Lords of the one by prioritie of the other by posterioritie c. old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifieth the buying of lands or tenements with money or other agreement and not the obtaining of it by title or discent Coniunctum perquisitum Ioynt pourchase Regist originall fol. 143. b. Pour faire proclaimer que nul eniect fimes ou ordures en fosses euriuers pres cities c. is a writ directed to the Maior Shyreeue or Bayliffe of a citie or towne coÌ„manding them to proolaime that none cast filth into the ditches or places neare adioyning and if any be cast alreadie to remoue it This is founded vpon the statut anno 12. Rich. 2. cap. 13. Fitzherb nat br fol. 176. Pourparty propars propartis vel propartia is contrarie to pro indiuiso For to make pourparty is to diuide and seuer the landes that fall to Parceners which before partition they hold ioyntly and pro indiuiso old nat br fol. 11. Pourpresture pourprestura vel perprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanuile lib. 9. cap. 11. Pourprestura est propriè quando aliquid super Dominum Regem iniustè occupatur Vt in Dominicis Regis vel in viis publicis abstructis vel in aquis publicis transuersis à recto cursu vel quando aliquis in ciuitate super Regiam plateam aliquid adificando occupauerit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel ciuitatis Crompton in his Iurisd fol. 152. defineth it thus Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not whether it be in any Iurisdiction 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 lawes pag. 169. parte 2. cap. 10. per totum See Skene de verbor signif verb. Purpresture 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 neare him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King seiseth vpon the land which the wife of his Tenent that held in capite disceased hath for her Dowrie if shee marry without his leaue and is grounded vpon the statute of the Kings prerogatiue cap. 3. see Fitzh fol. 174. Poursuyuant commeth of the French poursuiure i. agere agitare persequi It signifieth the Messenger of the king attending vpon him in warres or at the counsell table the Starre Chamber Exchequer or commission court to be sent vpon any occasion or message as for the apprehension of a party accused or suspected of any offence committed Those that be vsed in marshall causes be called Poursw 〈…〉 t s at armes anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his bodie was naked to the skinne notso much as one cloute about him and was trussed behinde a Pursuyuant at armes like a hogge or a calfe c. The rest are vsed vpon other messages in time of peace and especially in maters touching iurisdiction See Herald Pourueyour prouison commeth of the French pour 〈…〉 i. prouidere prospicere It signifieth an Officer of the King Queene or other great personage that prouideth corne 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. eiusdem Articuli super chartas 2. and many other statutes gathered by Rastal vnder this title Powldauis anno 1. Iacob ca. â—4 Power of the countie posse c 〈…〉 tatus by M. Lamberds opinion in his Eirenar lib. 3. cap. 1. fol. 309. containeth the ayde and attendance of all Knights gentlemen yeomen labourers seruants apprentises and villaines and likewise of Wardes and of other young men aboue the age of fifteene yeeres within the countie because all of that age are bound to haue harnesse by the statute of Winchester But women ecclesiasticall persons and such as be decrepit or do labour of any continuall infirmitie shall not be compelled to attend For the statute 2. H. 5. cap. 8. which also worketh vpon the same ground saith that persons sufficient to trauell shall be assistant in this seruice Pounde parcus seemeth to signifie generally any inclosure of strength to keepe in beasts but especially with vs is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them vntill they be repleuied or redeemed And in this signification it is called a pound ouert or open pound being builded vpon the wast of some Lord within his fee and is called the Lords pownd For he provideth it to his vse and the vse of his tenents See Kitchin fol. 144. It is diuided into pound open and pound close pound open or ouert is not onely the Lordes pownd but a backside court yarde pasture or else what soeuer whether the owner of any beasts impounded may come to giue them meate and drinke 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 vnto to the purpose aforesaide without offence as some close house or such like place Powndage is a Subsidie granted to the King of all maner of merchandies of euery merchant denizen and alien caried out of this realme or brought into the same by way of Merchandize to the valew of twelue pence in eeuery pound anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi cap. 33. Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which euery member or Canon of a Cathedrall church receiueth in the right of his place for his maintenance And though vse haue wrought the latine word into the nature of a Substantiue yet I thinke it originally to be an Adiectiue or participle and to haue bene ioyned with pars or portio as Canonica portio which is in a maner all one in signification How be it Canonica portio is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church and praebenda is a seuerall benefice rising from some temporall land or church appropriated toward the maintenance of a Clerke or member of a Collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends
if they thinke good And the later course is taken most commonly where there is feare of strife and contention betweene the kindred and freinds of the party deceased about his goods For a will proued only in common forme may be called into question any time within 30. yeares after by common opinion before it worke prescription Procedendo is a writ whereby a plee or cause formerly called from a base court to the Chaūcerie Kings bench or commō plees by a writ of priuiledge or certiorare is released and sent downe againe to the same court to be proceded in there after it appeareth that the defendant hath no cause of priniledge or that the mater comprised in the bille be not well proned Brooke hoctitulo and Termes of lawe Cooke vol. 6. fol. 63. a. See anno 21. R. 2. cap. 11. in fine leters of procedendo graunted by the keeper of the priuie scale See in what diuersitie it is vsed in the table of the originall Register and also of the Iudiciall Proces Processus is the maner of proceeding in euery cause be it personall or reall ciuile or criminall even from the originall writ to the end Britton fol. 138. a. where in there is great diuersitie as you may see in the table of Fitzh br verbo Proces and Brookes Abridgement hoc titulo And whereas the wtitings 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 giuen because it is the beginning or the principall part thereof by which the rest of the busines is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diucrs kinds of proces vpon Inditements before Iustices of peace See in Cromptons Iustice of peace fol. 133. b. 134. 135. But for orders sake I referre you rather to M. Lamberd in his tractat of ptocesses adioyned to his Eirenarcha who acording to his subiect in hand diuideth criminall proces either into proces touching causes of treason or selonie and proces touching inferiour offēces the former is vsually a capias capias aliâs exigi facias The second is either vpon enditement or presentment or information that vpon enditement or presentment is all one and is either generall and that is a venire facias ' vpon which if the partie be returned sufficient then is sent out a Distringas infinite vntill he come if he be returned with a Nibil habet then ifsueth out a Capias Capias aliâs Capias pluries and lastly an Exigifacias The speciall proces is that which is especially appointed for the offēce by statute for the which he referreth his reader to the 8. Chapter of his 4. booke being very different Processium continuando is a writ for the continuance of a proces after the death of the cheife Iustice in the writ of oyer and terminer Register originall fol. 128. a. Prochein Amy Proximus amicus vel propinquior is word for word a neere freind It is vsed in our common lawe for him that is next of kinde to a childe in his nonage and is in that respect allowed by lawe to deale for him in the managing of his affaires as to be his Gardian if he hold of any in socage and in the redresse of any wrong done vnto him be it by his Gardian if he be ward and hold in Chiualrie or any others Statut. West pri cap. 48. 3. Ed. pri and Westm 2. cap. 15. anno 13. Ed. pri Profe aliâs Prove is vsed for an Enquest anno 28. Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publikely giuen of any thing whereof the King thinketh good to advertise his subiects So it is vsed anno 7. Rich. 2. ca. 6. Proclamation of rebellion is a publike notice giuen by the officer that a man not appearing vpon a Sub poena nor an attachment in the Starre Chamber or Chauncerie shal be reputed a rebell except he render himselfe by a day assigned Cromptons Iurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notice openly and solemnly giuen at all the Assises that shall be holden in the Countie within one yeare after the ingrossing of the fine and not at the foure generall quarter sessions And these proclamations be made vpon transcripts of the fine sent by the Iustices of the Common plees to the Iustices of Assise and the Iustices of peace West parte 2. symbol titulo Fines sect 132. where also you may see the forme of the proclamarion Proclamare est palā valde clamare vsed by Tullie Liuie and the Civilians Π. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causam agit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamatorem aut rabulam hoc sermone conquirimus c. I reade in Fitzh nat br fol. 85. C. that the kings proclamation is sufficient to stay a subiect from going out of the Realme See the force of proclamations anno 31. H. 8. cap. 8. see also Proclamations in diuers cases Newe booke of Enteries verbo Proclamation Procters of the clergie procuratores cleri are those which are chosen and appointed to appeare for cathedrall or other Collegiat churches as also for the common clergie of euery Dioces at the Parlament whose choice is in this sort First the king directeth his writ to the Archebishop of each province for the summoning of all Bishops Deanes Archdeacons cathedrall and collegiat churches and generally of all the clergie of his prouince after their best discretion and iudgement assigning them the time and place in the said writ Then the Archebishops proceede in their accustomed course One example may serue to shew both The Archebishop of Canterbury vpō his writ receiued directerh his leters to the Bishop of London as his Deane provincial 1. § statuimui de poenis verb. tanquam in glos first citing himselfe petemptorily and then willing him to cite in like maner all the Bishops Deanes Archedeacons cathedrall and collegiate churches and generally all the Clergie of his Prouince to the place and against the day prefixed in the writ But directeth withal that one Proctor sent for euery Cathedrall or Collegiat Church and two for the bodie of the inferiour Clergie of each Diocesse may suffice And by vertue of these leters authentically sealed the said Bishop of London directeth his like leters seuerally to the Bishop of euery Diocesse of the Prouince citing them in like sort and commaunding them not onely to appeare but also to admonish the said Deanes and Archdeacons personally to appeare and the Cathedral 〈…〉 and collegiat Churches as also the common Clergie 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 euery so monished by them in a shedule annexed to their leters certificatorie The Bishops proceed accordingly and the
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie 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 Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade 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 giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon 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 meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth 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 doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall 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 speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâ—ns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
to them and their successours See Appropriation Prorata portionis See Onerando pro rata portionis Protection protectio hath a generall and a speciall signification In the generall it is vsed for that benefite and safetie that euery subiect or Denizen or alien specially secured hath by the Kings lawes And thus it is vsed anno 25. Ed. tertii capite 32. Protection in the speciall signification is vsed for an exemption or an immunitie giuen by the King to a person against suites in lawe or other vexations vpon reasonable causes him thereunto moouing which I take to be a braunch of his prerogatiue And of this protection Fitzh maketh two sortes in his nat br fol. 28. The first forme or sort he calleth a protectiō cum clausula volumus wherof he mentioneth foure particulars A protection quia profecturus for him that is to passe ouer sea in the kings seruice A protection quia moratur for him that is abroad in the Kings seruice vpon the sea or in the marches anno 7. H. 7. cap. 2. A protection for the Kings debter that he be not siewed or attached vntill the King be payed his debt See anno 15. Ed. 3. This some Ciuilians call moratoriam which see In singularibus Marantae verb. Princeps pag. 79. col 2. And a protection in the kings seruice beyond the seas or on the marches of Scotland whereof you may reade something anno 1. R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second forme of protection is tearmed cum clausula Nolu 〈…〉 which is graunted most commonly to a spirituall company for their immunitic from taking of their catell by the Kings ministers But it may be graunted also to one man spirituall or temporall Of these things reade the same authour and the formes of these writs See also in the Register originall fol. 22. 23. And see the new Expositour of lawe termes to what action the kings protection doth not extend See also the new booke of Entries verbo Protection Protonotarie protonotarius See Preignetarie Protestation protestatio is as Iustice Walsh defineth it a defence or safegard to the partie which maketh it from being cōcluded by the act he is about to doe that issue cannot be ioyned vpon it Plowden fol. 276. b. whereof see the Register original fol. 306. b. And see Protest Protest protestari hath two diuers 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 vnto a proceeding of a Iudge in a court wherein his iurisdiction is doubtfull or to answer vpon his oath farder then he by lawe is bounde See Plowden casu Gresbroke fol. 276. b. and the Register orig fol. 306. b. Another is by way of complaint to protest a mans bill For example if I giue mony to a Merchant in Fraunce taking his bill of exchange to be repayed in England by one to whome he assigneth me if at my comming I find not my selfe satisfied to my contentment but either delayed or denyed then I goe into the Burse or some open concurse of Merchants and protest that I am deceiued by him And thereupon if he haue any goods remaining in any mans hands within the Realme the lawe of Merchants is that I be paid out of them Prouuer Probator See Approuuer anno 5. H. 4. ca. 2. See Approuours Prouince Prouincia was vsed among the Romans for a Country without the compasse of Italie gained to their subiection by the sword wherevpon the part of Fraunce next the Alpes was soe called of them when it was in their dominion and of that carieth the same name at this present But with vs a province is most vsually taken for the circuit of an Archebishops Iurisdiction as the Province of Canterbury and the province of Yorke anno 32. H. 8. cap. 23. anno 33. eiusdem cap. 31. yet it is vsed diuers times in our statutes for seuerall parts of the Realme Provinciall Prouincialis is a cheife gouernour of an order of Friers anno quar Henr. quar cap. 17. Protoforestarius was he whom the auncient kings of this Realme made chiefe of Winsour forest to heare all causes of death or mayhem or of slaughter or of the Kings deare within the Forest Camd. Britan. pag. 213. See Iustice of the Forest Prove See Profe Prouision Provisio is vsed with vs as it is vsed in the Canon lawe for the providing of a Bishop or any other person of an ecclesiasticall liuing by the Pope before the Incumbent be dead It is also called gratia expectatiua or Mandatum de providendo The great abuse whereof in the Pope through all Christendome heretofore you may read not only in Duarenus de sacris ecclesiae ministoriis beneficiis lib. 3. cap. 2. but also for England particularly in diuers statuts of the Realme viz. anno 25. Ed. 3. cap. 22 sttat 4. statu 5. commonly called the statute de prouiscribus anno 27. eiusdem cap. i. anno 38. eiusdem stat 2. cap. 1. 2. 3. 4. anno 38. eiusdem anno 2. Rich. 2. cap. 7. anno 3. eiusdem cap. 3. anno 7. eiusdem cap. 12. anno 12. eiusdem cap. 15. anno 13. eiusdem stat 2. cap. 2. 3. anno 16. eiusdem cap. 5. anno 2. H. 4. cap. 3. 4. anno 5. eiusdem cap. pri anno 7. eiusdem cap. 6. 8. anno 9. eiusdem cap. 8. anno 3. H. 5. cap. 4. See Praemunire Provisour Provisor is he that sieweth to the court of Rome for a prouision old nat br fol. 143. See Provision Proviso is a condition inserted into any deede vpon the obseruance wherof the validitie of the deede consisteth which forme of condition seemeth to be borrowed from Fraunce for Pourve u Gallicum semper conditionem inducit Tiraquel tomo 3. pag. 216. Our common lawyers say that it sometime signifieth but a couenant whereof you haue a large disdispute in the 2. booke of Sir Ed. Cokes reports in the Lord Cromwels case It hath also another signification in maters Iudiciall as if the plaintife or demaundant desist in prosecuting an action by bringing it to a triall the defendant or tenent may take out the venire facias to the Shyreeue which hath in it these words Prouiso quòd c. to this ende that if the plaintife take out any writ to that purpose the shyreeue shall summon but one Iurie vpon them both See old natura breuium in the writ Nisi prius fol. 159. Purchas See pourchas Purfles of a womans growne anno 33. H. 8. cap. 5. Purgation Purgatio is a cleering of a mans selfe from a crime whereof he is probably and publiquely suspected and thereof denounced to a Iudge Of this there was great vse in England touching maters of felonie imputed to Clerks in former time as appeareth by Stawnf pl.
Tollendo but I rather thinke it commeth from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. vectigalium redemptio vel etiam vectigalium exactio Fleta hath these words of it Tol significat acquietantiam Theolonii vbique in Regno lib. pri cap. 47. M. Skene de verb. signifi verbo Toll saith it is a custome and that it commeth from the Greeke word of the same signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that he who is infeoffed with Toll is custome free and payeth no custome which is manifest by sundry ould bookes wherein it is writen Toll hoc est quod vos homines vestri de toto homagio vestro sint quieti de omnibus mercantus de Tolneto de omnibus rebus emptis venditis Thus farre he Kitchin fol. 104. maketh mention of Tolle through and Toll Trauers his words be to this effect Custom or prescription to haue Toll through in the high way is not good for it is against the common right But to haue prescription of Tolle Trauers is good In which place the difference betweene the one and the other the newe expositour of lawe terms faith to be that tolletrauers is that mony which is taken for passing ouer a priuate mans ground But this author seemeth to differ from Kitchin touching the lawfulnes of tolle through saying that by reason of a bridge prouided at the cost and charge of the towne for the ease of trauellers he thinketh it resonable that tolle through be exacted toward the maintenance thereof which writer also maketh mention of tolle turn and that he defineth to be tolle paide for beastes driuen to be sold though they be not sold indeede Where I think he must meane a tolle paide in the returne homeward from the faire or market whether they were driuen to be sold Plowden casu Willion fo 236. agreeth in this definition of tolle trauers And this the Feudists call parangariam defining it to be sumptus labores ferendi referendiue alicuiâ—s causa a principe impositi cùm non per viam sed aliò versùm iter suscipitur l. 2. Co. de Episc cleri a graeco 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. transitus per viam transversam Gothofred ad l. 4. § 1. Î . de vetera I finde in Andrew Horns mirrour of Iustices lib. 1. cap. des articles c. that by the auncient lawe of this land the buyers of corne or catell in faires or markets ought to pay tolle to the Lord of the market in testimony of their contract there lawfully made in open market for that priuie contracts were held vnlawfull Toloneum or Breve de essends quietum de Toloneo is a writ that lyeth in case where the Citizens of any Citie or Burgesses of any towne be quit from tolle by the graunt of the kings predecessours or prescription which you haue at large in Fitzh nat br fol. 226. See Telonium Tolt Tolta is a writ whereby a cause depending in a court Baron is remoued into the county court Old nat br fol. 2. The reason of the appellation seemeth â—o come from the verb Tollo v Cooke lib. 3. in praefatione ad lectorem Tonne See Tunne Tonnage is a custome or impost due for merchaÌ„dise brought or caried in tonns and such like vessels from or to other nations after a certain rate in euery tonne anno 12. Ed. 4. ca. 3. anno 6. H. 8. ca. 14. anno pri Ed. 6. cap. 13. anno pri Iacobi cap. 33. I haue heard it also called a duty due to the Mariners for vnloading their ship arriued in any hauen after the rate of euery tonne Torny See Turney Totted anno 42. Ed. 3. cap. 9. anno 1. Ed. 6. ca. 15. is a word vsed of a dept which the forein Apposer or other officer in the Exchequer noteth for a good dept to the King by writing this word Tot vnto it Tourn See Turn Tout temps prist vncore est that is to say in English Alway ready and is at this present this is a kinde of plee in way of excuse or defence vnto him that is siewed for withhoulding any dept or duty belonging to the plaintiffe See of this Brooke his Abridgement fol. 258. Traile baston See Iustices of triall baston Traitor traditor proditor See Treason Transgressione is â—writ called commonly a writ or action of trespas Of this Fitzherbert in his Naturabre hath two sorts one Vicountiel so called because it is directed to the Shyreeue and is not returnable but to be determined in the countie The forme whereof differeth from the other because it hath not these words Quare vi amis c. and this see in Fitzh nat br fol. 85. G. The other is termed a writ of trespasse vpon the case which is to be siewed in the common Bank or the Kings Bench in which are alwaies vsed these words vi armis c. And of this you haue Fitzh nat br fol. 92. E. See Trespas See the diuers use of this writ in the Register originall in the table Transcript anno 34. 35. H. 8. cap. 14. is the copy of any originall writen againe or exemplified Transcripto Recognitionis factae coram Iusticiariis itiner antibus c. is a writ for the certifiing of a Recognisance taken before Iustices in Eire into the Chauncery Register orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifiing of the foote of a fine leuied before Iustices in Eyre c. into the Chauncerie eodem fol. 169. Register Iudiciall fol. 14. Travers coÌ„meth of the French Traverser i. transfigere It signifieth in our common lawe sometime to denie sometime to ouerthrow or vndoe a thing done Touching the former signification take these words in Wests symbol parte 2. titulo Chauncery sect 54. An answer saith he speaking of an answer 〈◊〉 a bille in Chauncerie is that which the Defendant pleadeth or saith in barre to avoide the plantiffes bille or action either by confession and avoiding or by denying and traversing the materiall parts thereof And againe sectio 55. A replication is the plaintifles speech or answer to the Defendants answer which must affirme and persiew his bille and confesse and auoide deny or traverse the Defendants answer And the formall words of this trauers are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmatiue Negatiue In the second signification I find it in Stawnfords praerog cap. 20. through the whole chapter speaking of trauersing an office which is nothing else but to proue that an inquisition made of goods or lands by the Eschetour is defectiue and vntruly made So trauersing of an Inditement is to take issue vpon the chiefe mater thereof which is none other to say then to make contradiction or to deny the point of the Enditement As in presentment against A. for a
columna 1. whereupon because the foreyner neede not be tryed in that Court the record and cause is remooued to the common plees c. See of this Fitz. nat br fol. 6. E. Vser de action is the persiewing or bringing of an action which in what place and countie it ought to be See Brooke titulo Lieu Countie fol. 64. Vse vsus is in the originall signification plaine enough but it hath a proper application in our common lawe and that is the profit or benefit of lands or tenements And out of M. Wests first parte of his simbol lib. pri sect 48. 49. 50. 51. and 52. I gather shortly thus much for this purpose Euery deede in writing hath to be considered the substance and the adiuncts Touching the substance a deede doth consist of two principall parts namely the premisses and the consequents The premisses is the former parte thereof and is commonly saide to be all that which preceedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which foloweth the premisses that is the Habendum In which are two limitations the one of the estate or propertie that the party passiue shall receiue by the deede the other of the vse which is to expresse in the said Habendum to or for what vse and benefite he shall haue the same estate And of the limitation of those vses you may read many presidents set downe by the same author in his second booke of his saide first part sectio 308. and so forth to 327. These vses were inuented vpon the statute called West 3. or Quia emptores terrarum before the which statute no vses were knowne Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the vse in another there was a statute made anno 27. H. 8. ca. 1. wherby it was inacted that the vse and possesssion of lands and possessions should alway stand vnited New expositour of lawe termes verbo Vse v. Coke lib. 1. Chudleise case fol. 121. seqq Vsher Ostiarius commeth of the French Huissier i. Accensus apparitor Ianitor It signifieth with vs first an officer in the Eschequer of which sort there be foure ordinarie vshers that attend the cheife officers and Barons of the court at Westminster and Iuries Shyreeues and all other accoumptants at the pleasure of the court Therbe also Vshers in the Kings house as of the priuy chāber c. Vtas Octavae is the eight day following any terme or feast as the vtas of Sainct Michaell the vtas of Sainct Hilary the vtas of Sainct Martine of Sainct Iohn Baptist of the Trinitie c. as you may reade anno 51. H. 3. stat concerning generall daies in the Benche And any day betweene the feast and the eighth day is saide to be within the vtas The vse of this is in the returne of writs as appeareth by the same statute Vtfangthef is an auncient Royaltie graunted to a Lord of a maner by the King which giueth him the punishment of a theefe dwelling out of his liberty and hauing committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third booke tract 2 ca. 35. seemeth rather to interpret the word then to expresse the effect and saith thus Vtfangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra insius qui tales habet libertates It seemeth to be compounded of these three words Vt fang thef which in our moderne English be oute take or taken Theefe Of this Fleta hath these words vtfangenthef dicitur latro extraneus veniens a liunde de terra aliena qui captus fuerie in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suam captum reducere vsque in libertatem ibi eum iudicare reducere tamen poterit indicatum iudicium in proprio patibulo exequiratione libertatis commodum tamen non video Debet enim quilibet iuri subiacere vbi deliquit proprios tamen latrones alienos iudicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta li. 1. cap. 47. See Vtlawrie Vtlagato capiendo quando vtlagatur in vno comitatu postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set downe for the name thereof See the Register originall fo 133. Vtlawrie vtlagaria aliâs vtlagatio is a punishment for such as being called into lawe and lawfully sought doe comtēptuously refuse to appeare And as Bracton saith li. 3. tract 2. ca. 11. He that is siewed must be sought and called at 5. counties a moneth being betweene euery countie to answer to the lawe And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi ex tunc vtlagabitur that is as the author of the termes of lawe saith he shal be pronounced by the coroner to be out of the Kings protection and depriued of the benefit of the lawe The effect of this is diuers as the same Author saith for if he be outlawed in an action personall he meaneth at the suite of another in a ciuile cause he shall forfeit all his goods and cattells to the King if vpon felonie then he shall forfeit all his lands and tenements that he hath in fee simple or for terme of his life and his goods and cattles Bracton vbi supra nu 5. saith that such as be out-lawed vpon felonie ex tunc gerunt caput lupinum ita quod sine iudiciali inquisitiene ritè pereant secum suum iudicium portent meritò sine lege pereunt qui secundum legem viuere recusarunt Et haec ita si cum capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum mors erit in manu Domini Regis See Horns mirrour of Iustices lib. 3. cap. des fautes punishables Bracton saith in the place aboue specified with whome also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be outlawed But take his owne words Minor verò qui infra aetatem 12. annorum fuerit vtlagarinon potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlaugh Anglicè sc in frāco plegio sive decenna sicut masculus 12. annorum vlteriùs Et ideo non potest vtlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit siue ceperit Est enim waiuium quod nullus aduocat nec
a man vpon breach of a statute to be resembled in mine opinion to any action giuen in the lawe imperiall either vpon edictum praetoris plebiscitum or senatusconsultum For as the Pretour so the common people in comitijs tributis the Senatours or nobility in curia vel senatu had power to make lawes wherevpon the Pretour or other Iudges permitted action And euen so our high court of Parlament maketh Statutes against such offēces as are either newly grown or more and more increased and our Iudges intertaine their plees that commence actions against the breakers of them Action is perpetuall or temporall perpetua vel temporalis and that is called perpetuall the force whereof is by no time determined Of which sort were all ciuill actions among the auncient Romaines viz. such as grew from lawes decrees of the Senate or constitutions of the Emperors whereas actions granted by the Pretor died within the yeare de perpet tempor actio in Institut So we haue in England perpetuall and temporarie actions and I thinke all may be called perpetuall that are not expresly limited As diuers Statutes giue actions so they be pursued within the time by them prescribed namely the Statute anno 1. Ed. 6. cap. 1. giueth action for 3. yeares after the offences therein shall be committed and no longer and the Statute anno 7. H. 8. cap. 3. doth the like for foure yeares and that anno 31. Eliz. cap. 5. for one yeare no more But as by the ciuill lawe 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 verò triginta § 1. de perpet temp actio in 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 expressely limited by statute yet is there a means to prescribe against reall actions within fiue yeares by a fine leuied or a recouerie acknowledged as you may see farther in the word Fine and Recouerie And for this also looke Limitation of assise Action is farther diuided in actionem bona fidei stricti iuris Which diuision hath good vse in our common lawe likewise though the tearmes I find not in any of their writers But of this and such like diuisions because they haue as yet no apparent acceptance amongst our Lawyers but onely a hidden vse I referre the reader to the Ciuilians and namely to Wesenb in his Paratitles Π. De obligatio actio Addition additio is both the English and French word made of the Latine and signifieth in our common law a title giuen to a man ouer and aboue his Christian and surname shewing his estate degree occupation trade age place of dwelling c. For the vse wherof in originall writs of actions personale appeales and indictments it is prouided by Statute anno 1. H. 5. cap. 5. vpō the penaltie therein expressed Tearmes of the lawe Broke farder addeth that it is likewise requisite in townes and gates of townes parishes in great townes and cities where there may be any doubt by reason of more townes gates or parishes of the same name titulo Addition See also M. Cromptons Iustice of peace fol. 95. 96. Adeling was a word of honor among the Angles properly apertaining to the Kings children whereupon king Edward being himselfe without issue and intending to make Eadgare to whome he was great Vnkle by the mothers side his heire to this kingdome called him Adeling Roger Houedine parte poster suorum Annal. fol. 347. a. Adiournment adiurnamentum is almost all one with the French adiounrement i. denunciatio vel diei dictio and signifieth in our commō law an assignement of a day or a putting off vntill another day Adiournment in eyre anno 25. Ed. 3. Statute of pourveyers cap. 18. is an appointment of a day when the Iustices in eire meane to sit againe Adiourn anno 2. Edw. 3. cap. 11. hath the like signification And this whole title in Broke his abridgement proueth the same The bastard Latine word adiurnamentum is vsed also among the Burgundians as M. Skene noteth in his booke De verbo signi verbo Adiurnatus out of Chassaneus de consuet Burg. Ad inquirendum is a writ iudiciall commanding inquirie to be made of any thing touching a cause depending in the Kings court for the better execution of iustice as of bastardie of bondmen and such like whereof see great diuersitie in the Table of the Register iudiciall verbo Ad inquirendum Admeasurement admensuratio is a writ which lyeth for the bringing of those to a mediocritie that vsurpe more then their part And it lyeth in two cases one is tearmed admeasurement of dower admensuratio dotis where the widow of the deceased holdeth from the heire or his guardian more in the name of her dower then of right belongeth vnto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is admeasurement of pasture admensuratio pasturae which lieth betweene those that haue common of pasture appendant to their free-hold or common by vicenage in case any one of them or more doe surcharge the common with more cattell then 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 〈…〉 y the ordinary is accountable for the same whensoeuer it shall please the ordinarie to call him thereunto I finde not this word soe vsed in all the civile or canon lawe but more generally for those that haue the gouernment of any thing as the Decrees can 23. quaest 5. c. 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. Howsoeuer the signification of this word grew to be restrained amongst vs it greatly booteth not But there was a statute made anno 31. Ed. 3. ca. 11. whereby power was giuen to the ordinarie to appointe these administratours and to authorize them as fully as executors to gather vp 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. ca. 19. it was ordeined that the goods of those that died intestate should be committed to the ordinarie his disposition and that the ordinarie should be bound to answer his debts so far forth as the goods would extēd as executors And I perswade myselfe that the committing of this burden vnto Bishops to those that deriue ecclesiasticall authoritie from them grew first from the constitution of Leo the Emperour Co. de Episco cleri l. nulli licere 28. Where it is saide 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 partie soe appointed shall see it performed and if he appointe none to doe it then the Bishop of the citie shall haue power to demaund the legacie and without all delay performe the will of the deceased Admirall Admiralius cometh of the frenche amerall and signifieth both in France and with vs an high officer or magistrate that hath the gouernement of the Kings navie and the hearing and determining of all causes as well civile as criminall belōging to the sea Cromptons diuers iurisd fo 88. and the statutes anno 13. R. 2. ca. 5. anno 15. eiusdem ca. 3. an 2. H. 4. ca. 11. anno 2. H. 5. ca. 6. an 28. H. 8. ca. 15. with such like This officer is in all kingdomes of Europe that border vpon the sea and his authoritie in the kingdome of Naples is called magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris Vincent de Franch descis 142. nu 1. This Magistrate among the Romanes was called praefectus classis as appeareth by Tully in Verrem 7. but his authoritie was not continuall as the Admirals is in these daies but onely in time of warre Neither doe I finde any such officer belonging to the Emperours in our Code And M. Guyn in the preface to his reading is of opinion that this office in England was not created vntill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his booke taking vpon him to name all the courts of Iustice maketh no mention of this courte or magistrate And againe Richard the second finding the Admirall to extend his iurisdiction over farre ordeined by statute made the 10. yeare of his reigne that the limits of the admirals iurisdiction should be restrained to the power he had in his grandfather Edward the thirds daies whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall But contrarily to this it appeareth by auncient records the copies whereof I have seene that not onely in the daies of Ed. the first but also of King Iohn all causes of Merchants and mariuers and things happening within the fludde marke were ever tried before the Lord admirall Adiura Regis is a writ for the Kings Clerke against him that seeketh to eiect him to the preiudice of the Kings title in the right of his crowne Of this you may see diuers formes vpon divers cases Register orig fo 61. a. Admittendo clerico is a writte graunted to him that hath recouered his right of presentation a-against the Bishop in the common bank the forme whereof read in Fitzh nat br fo 38. the Register orig fo 33. a. Admittendo in socium is a writ for the association of certaine persons to Iustices 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 graunt a Faire or market or a mortmaine for any lands intended to be giuen in fee simple to any house of religion or other body politicke For in that case the land so giuē is said to fal into a dead hād that is such an estate and condition that the chiefe Lords do leese all hope of heriots seruice of court and escheates vpon any traiterous or felonious offence committed by the tenant For a bodie politicke dieth not neither can performe personall seruice or commit treason or felonie as a singular person may And therefore it is reasonable that before any such grant be made it should be knowne what preiudice it is like to worke to the graunter Of this reade more in Fitzh nat breu fol. 221. and look Mortmaine Ad terminum qui praeteriit is a writ of entrie that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers and after the terme expired is held from them by the tenant or other stranger that occupieth the same and deforceth the leassour Which writ belongeth to the leassour and his heire also Fitzh nat br fol. 201. Aduent aduentus is a certaine space of time comprising a moneth or thereabout next before the feast of Christs natiuitie Wherein it seemeth that our ancestors reposed a kind of reuerence for the neerenesse of that solemne feast so that all contentions in lawe were then remitted for a season Whereupon there was a statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said vsuall solemnitie and time of rest it might be lawfull in respect of iustice and charitie which ought at all times to be regarded to take assises of nouell disseisin mort d'auncester and darrein presentment in the time of Aduent Septuagesima and Lent This is also one of the times from the beginning whereof vnto the end of the Octaues of the Epiphany the solemnizing of mariage is forbidden by reason of a certain spiritualioy that the church so consequently euery member thereof for that time doth or ought to conceiue in the remembrance of her spouse Christ Iesus and so abandon all affections of the flesh See Rogation weeke and Septuagesima Advocatione decimarum is a writ that lyeth for the claime of the fourth part or vpward of the tythes 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 iustifie or maintaine an act formerly done For example one taketh a distresse for rent or other thing and he that is destreyned sueth a Replevin Now he that tooke the distresse or to whose vse the distresse was taken by another iustifying or maintaining the act is said to avowe Tearmes of the lawe Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton vseth the Latine word in the same signification as advocatio disseisiuae li. 4. cap. 26. And I find in Cassauaeus de consuet Burg. pa. 1210. advohare in the same signification and pag. 1213. the Substantine desavohamentum for a disavowing or refusall to avowe Advowzen advocatio signifieth in our common law a right to present to a benefice as much as ius patronatus in the canon lawe The reason why it is so tearmed proceedeth from this because they that originally obtained the right of presenting to any Church were maintainers and vpholders or great benefactors to that Church either by building or increasing it and are thereupon tearmed sometime patroni sometime Advocati cap. 4. cap. 23. de iure patronatus in Decretal And advowzen being a bastardly French word is vsed for the right of presenting as appeareth by the Statute of Westm the second anno 13. Ed. 1. ca. 5. Advowsen is of two sorts advowsen in grosse that is sole or
scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitiorū ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitā maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grādfather or great grandfather called of our common lawyers besayle but in true French bisaieul 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 dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearāce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke 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 sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile 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 vpō complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir 〈◊〉 superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
is formerly said taketh hold of moueable goods or the bodie For it appeareth by Kitchin fo 263. that a man may be attached by a hundred sheepe Reade Skene de verbo signific verbo attachiamentum Now it followeth to shew how attachement differeth from a distresse For so it doth as may be shewed out of Kitchin fo 78. where he saith that processe in court baron is summons attachment and distresse out of the owld nat br fo 27. where it is said that a processe in a quare impedit is summons attachement and one distresse and againe fo 28. wheare speaking of the writ ne admittas he saieth thus and the processe is one prohibition and vpon the prohibition an attachment and distresse and fo 32. in a writ of Indicauit you haue these words and after the attachment returned the distresse shall goe out of the rols of the Iustices Bracton on the other side li. 5. tract 3. ca. 4. nu 2. sheweth that both attachiamentum magnum cape districtiones sunt of which opinion Fleta also is li. 5. ca. 24. § si autem ad But there also he saith that attachiamentum est districtio personalis cape magnum districtio realis So that by his opinion districtio is genus to attachement Britton in his 26. chapter hath words to this effect but in attachement of felony there commeth no distresse otherwise then by the body And if the Shyreeue return in the cases aforesaid that the trespassours haue nothing in his bayliwick by the which they may be distreined it must be awarded that he take their bodies c. In which place an attachement is plainly vsed for an apprehension of an offender by his goods So that to conclude I finde no difference between an attachment and a distresse but these two◠that an attachement reacheth not to lands as a distresse doth and that a distresse toucheth not the bodie if it be properly taken as an attachement doth yet are they diuers times confounded as may appeare by the places formerly alleadged and by Glanvile li. 10. ca. 3. and Fleta li. 2. ca. 66. seqq How be it in the most common vse an attachment is an apprehēsion of a man by his body to bring him to answer the action of the plaintiffe a distresse is the taking of another mans goods for some reall cause as rent seruice or such like whereby to driue him to replevie and so to be plaintiffe in an action of trespas against him that distreined him And so much for the difference and coherēcie of these words See also Distres I finde in West parte 2. symbolaio titulo proceedings in chauncerie sect 22. 23. that attachemēt out of the chaūcery is two-fold one simple and originally decreed for the apprehension of of the partie the other after return made by the Shyreeue quod defendens non est inventus in baliva sua with proclamations made through the whole courtie in such places as he shall thinke meete that the partie appeare by a day assigned and that he attached never the lesse if he may be found This second kinde hath an affinitie with the canonists vijs modis at the which if the partie appeare not he is excommunicate or with the Civilians vijs modis vnâ cum intimatione For in the chaūcerie if he com not vpō this he is forth with pressed with a writ of rebellion There is an attachment of priviledge which is a power to apprehend a man in a priviledged place or els by vertue of a mans priuiledge to call another to this or that courte whereunto he himselfe belongeth and in respect whereof he is priviledged Newe booke of entrise verbo priviledge fo 431. col 2. There is also a foreine attachement which is an attachement of a foriners goods found within a libertie or citie to satisfie some creditour of his within the citie There is also an attachement of the forest which is a court there held For as M. Manwood saith in his first parte of forest lawes p. 90. 92. 99. there be three courts of the forest wherof the lowest is called the Attachement the meane the swaynemote the highest the Iustice seate in eyre This court of attachement seemeth so to be called because the verderours of the forest haue therein no other authoritie but to receiue the attachements of offenders against vert and venison taken by the rest of the officers and to enrol them that they may be presented and punished at the next Iustice seate Manwood parte 1. pa. 93. And this attaching is by three meanes by goods and catels by body pledges and mainprise or by the body onely The courte is kept euery 40. daies throughout the yere And he that hath occasion to learne more of this I refer him to M. Manwood loco quo supra to M. Crompton in his courte of the forest Attachement is commaunded in writs the diversitie whereof you may see in the Register originall vnder the word Attachiamentum in indice At large see assise at large in the word assise and owld nat br fo 105. Verdict at large Littleton fo 98. To vouch at large owld nat br fo 108. To make title at large Kitchin fo 68. See Barre Attaint attincta commeth of the French as you shall see in the word attainted But as it is a substantiue it is vsed for a writ that lyeth after iudgement against a Iurie that hath giuen a false verdict in any court of record be the action reall or personall if the debt or dammages surmount the summe of 40. shillings what the forme of the writ is and how in vse it is extended see Fitzena br fol. 105. and the new booke of entries fol. 84. colum 1. The reason why it is so called seemeth to be because the partie that obtaineth it endeuoureth thereby to touch deprehend or staine the Iurie with periurie by whose verdict he is grieued What the punishment of this periurie is or of him that bringeth the writ against the Iurie if he faile in his proofe see Glanvile lib. 2. cap. 19. Fitz. nat br fol. 109. K. Io. 110. A. B. C. D. c. the termes of the lawe verb. Attaint Fortescue cap. 26. Smith de rep Anglo lib. 3. cap. 2. and anno 11. H. 7. cap. 21. an 23. H. 8. cap. 3. and others In what diuersitie of cases this writ is brought see the Register orig in Indice Attainted attinctus commeth of the French teindre i. tingere the participle whereof is teinct i. tinctus or else of attaindre i. assequi attingere It is vsed in our common lawe particularly for such as are found guiltie of some crime or offence and especially of felonie or treason How be it a man is said to be attainted of of disseisin Westm 1. cap. 24. 36. anno 3. Ed. 1. And so it is taken in French likewise as estre attaint vayncu en aucun cas is to be cast in any case
Which maketh me to thinke that it rather coÌ„meth from attaindre as we would say in english catched ouertaken or playnly deprehended And Britton ca. 75. vseth the participle attaint in the sence that we say attained vnto A man is attainted by two meanes by appearance or by proces Stawnf pl. cor fo 44. Attaynder by by apparence is by confession by battelll or by verdict idem fo 122. Confession whereof attaynt groweth is double one at the barre before the iudges when the prisoner vpon his endictment read being asked guilty or not guilty answeareth guilty neuer putting himselfe vpon the verdict of the Iurie the other is before the coroner in sanctuarie where he vpon his confession was in former times constreyned to abiure the Realme which kinde also of the effect is called attaynder by abiuration Idem fo 182. Attaynder by battel is when the party appealed by another and chusing to trie the the truth by combat rather then by Iurie is vanquished Idem fo 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty hath an enquest 〈◊〉 life and death passing vpon him and is by their verdict or doomâ— pronounced guiltie Idem fo 108. 192. Attainder by processe otherwise called attainder by default or attainder by outlagarie is where a partie flieth and is not found vntill he haue bene fiue times called publikely in the countie and at the last out-lawed vpon his default Idem fol. 44. I find by the same author fol. 108. that he maketh a difference between attainder and conuiction in these words And note the diuersitie betweene attainder and conuiction c. And with this agreeth the Statute anno 34. 35. H. 8. cap. 14. in ipso principio and anno 1. Ed. 6. cap. 12. in these words that then euery such offender being duly thereof convicted or attainted by the lawes of this realme c. And againe in these words Euery woman that is or shall fortune to be wife of the person so attainted convicted or outlawed c. To this you may likewise adde the flat anno 2. 3. Edw. 6. cap. 33. And I find by Stawnf pl. cor fol. 66. that a man by our ancient lawes was said to be conuicted presently vpon the verdict guiltie but not to be attainted vntill it appeared that he was no clerke or being a clerke and demanded of his ordinarie could not purge himselfe So that a man was not attainted vpon conuiction except he were no Clerke and in one word it appeareth that attainder is larger then conuiction conuiction being onely by the Iurie And attainder is not before iudgement Perkins Graunti num 27. 29. Yet it appeareth by Stawnf fol. 9. that conuiction is called attainder sometime For there he saith that the verdict of the Iurie doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3. Ed. 1. This auncient lawe touching the conuiction and purgation of Clerkes is altered by anno 23. Eliz. cap. 2. as you may farder reade in Clergie Attainder Attinctus though it be most vsed in matters of felonie and treason yet is it likewise applied to inferior transgressions as to disseisin Westm 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens coÌ„meth of the French attendre i. demorari opperiri expectare praestolari it signifieth in our common law one that oweth a dutie or seruice to another or after a sort dependeth of another For example there is Lord mesn and tenent the tenent holdeth of the mesn by a peny the mesn holdeth ouer by two pence The meane releaseth to the tenent all the right he hath in the land and the tenent dyeth His wife shall be endowed of the land and she shall be attendent to the heire of the third part of the peny and not of the third part of the two pence For she shall be endowed of the best possession of her husband Another hath Kitchin fol. 209. in these words where the wife is endowed by the gardian she shal be attendant to the gardian and to the heire at his full age with whome agreeth Perkins also in Dower 424. Atturney atturnatus coÌ„meth of the French tourner i. vertere as tourner son esprit à faire quelque chose i. animum ad rem aliquam inclinare Thence commeth the participle tournè i. versus conversus and the Substantiue tour i. vices vicissitudo as chacun à son tour i. quilibet sua vice It signifieth in our common lawe one appointed by another man to do any thing in his steade as much as procurator or fyndicus in the ciuill lawe West parte 1. Symbolayogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandement or request do take heed fee to and take vpon them the charge of other mens busines in their absence by whome they are commaunded or requested And where it seemeth that in auncient time those of authoritie in Courts had it in their arbitriment whether they would suffer men to appeare or sue by any other then themselues as is euident by Fitz. nat br fol. 25. in the writ Dedimus potest atem de atturnato facundo where it is shewed that men were driuen to procure the kings writs or letters parents to appoint Atturneys for them it is sithence prouided 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. Ed. 1. cap. 8. anno 27. eiusdem stat 2. an 12. Ed. 2. 1. anno 15. eiusdem cap. vnico anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. anno 17. H. 7. cap. 2. is to be proued And you may see great diuersitie of writs in the table of the Regi origin wherein the king by his writ commaundeth the Iudges to admit of Atturneys Wherby there grew at the last so many vnskilfull Atturneys and so many mischiefes by them that prouision for restraining them was requisite Wherefore anno 4. H. 4. cap. 18. it was ordained that the Iustices should examine them and displace the vnskilfull And againe anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo 〈…〉 and Southfolke In what cases a man at this day may haue an Atturney and in what not see Fâ—â— vbisupra Atturney is either generall or speciall Atturney generall is he that by generall authoritie is appointed to all our affaires or suites as the Atturney generall of the king pl. cor fol. 152. which is as much as Procurater Caesaris was in the Romane Empire Atturney general of the Duke Cromptons Iurisd fol. 105. Atturney speciall or particular is he that is employed in one or more causes particularly specified Atturneys generall be made after two sorts either by the kings leters patents before him or
the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth 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 persewer M. Skene de verb. significatione Responsalis as Sigâ—nius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum LiberaturaruÌ„ is the third officer 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 serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logickeâ— because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto 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 tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectioÌ„ or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of coÌ„tentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is
his assistants in causes of iustice betweene the king and his subiects touching causes appertaining to the Exchequer The Lord chiefe Baron at this day is the chiefe Iudge of the court and in matter of lawe information and plea answereth the barre and giueth order for iudgment thereuppon He alone in the terme time doth sit vpon Nisi prius that come out of the Kings Remembrancers office or out of the office of the clerke of of the please which cannot be dispatched in the mornings for want of time He taketh recognisances for the Kings debts for appearances and obseruing of orders He taketh the presentation of all the officers in court vnder himselfe and of the Mayor of London and seeth the Kings Remembrancer to giue them their oathes He taketh the declaration of certaine receiuers accompts of the lands of the late augmentation made before him by the Auditors of the shires He giueth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chiefe baron answereth the barre in matters aforesaid he also taketh recognisances for the kings debts apparences and obseruing of orders He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office He taketh a declaration of certaine receyuers accompts He also examineth the letters and summes of such Shyreeues foraine accompts as also the accompts of Escheatours and Collectours of Subsidies and Fifteens as are brought vnto him by the auditors of the Court. The third Baron in the absēce of the other two answereth the barre in matters aforesaide he also taketh recognisances as aforesaide He giueth yerely the oath of the late Mayor and gawger of London for his true accōpting He also taketh a declaration of certaine receiuers accompts and examineth the leters and sūmes of such of the former accountants as are brought vnto him The fourth barons is alwaies a coursetour of the court and hath bene chosen of some one of the clerks in the remembrancers offices or of the clerke of the pipes office He at the daies of prefixion taketh oth of al high shyreeus and their vndershyreeues and of all escheatours baylifs and other accountāts for their true accounting He taketh the oath of al collectours controllers surueyours and serchers of the custome houses that they haue made true entrances in their bookes He apposeth all shyreeues vyon their sūmons of the pipe in open court He informeth the rest of the Barons of the course of the court in any mater that concerneth the kings prerogatiue He likewise as the other Barons taketh the declaration of certaine receiuers accompts and examineth the leters and summes of such of the former accountants as are brought vnto him These barons of the exchequer areauncient officers for I finde them named westm 2. ca. 11. anno 13. Ed. 1. and they be called barons because barons of the realme were wont to be employed in that office Fleta li. 2. ca. 24. S. Thomas Smith saith of them that their office is to looke to the accompts of the Prince and to that end they haue auditors vnder them as also to descide all causes appertaining to the Kings profits comming into the exchequer by any meanes This is in part also proued by the statut anno 20. Ed. 3. ca. 2. anno 27. eiusdem stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. anno 14. eiusd ca. 1◠And hereupon they be of late men learned in the common lawe of the realme wheras in auncient times they were others viz. maiores discretiores in regno siue de clero essent siue de curea Ockam in his lucubrations de fisci regij ratione Horn in his mirrour of Iustices saieth that barons were wont to be two and they Knights ca. De la place del Eschequer Then be there in this signification Barons of the Cinque portes anno 31. Ed. 3. stat 2. ca. 2. et anno 33. H 8. ca. 10. which are two of euery of the seuen towns Hastings Winchelsey Ry Rumney Hithe Douer Sandwiche that haue places in the lower house of Parlament Cromptons iurisd fo 28. Baron in the the third signification is vsed for the husband in relation to his wife which is so ordinary in all our lawe writers that wright in french as it were superfluous to confirme it by any one Baronet I reade this word anno 13. R. 2. stat 2. ca. 1. but I hould it falsely printed for Baneret or els to signifie all one with it Baronye baronia baronagium is the fee of a baron In which accompt are not only the fees of temporall Barons but of Bishops also who haue two respects one as they are spirituall men without possessions as was the tribe of Levy among the Israelites being susteined by the only first frutes and tenthes of the other tribes Iosue ca. 13. versue 14. The other respect they haue groweth from the bountie of our english Kings whereby they haue baronies at the least are thereby Barons or Lords of the Parlament This baronie as Bracton saith li. 2. ca. 34. is a right indiuisible and therefore if an inheritance be to be divided among coparceners though some capitall messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he saith they may not be parcelled The reason is ne sic caput per plures particul as diuidatur plura iura comitatuum baroniarum deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baronys dicitur esse constitutum Barre barra commeth of the French barre or barriere i. repagalum obex vectis It is vsed in our common law for a peremptory exception against a demaūd or plaint and is by the author of the Termes of law defined to be a plee brought by the defendant in an action that destroieth the action of the plaintiffe for euer It is divided into a barre to common intent and a barre speciall Abarte to a common intendment is an ordinarie or generall barre that ordinarily disableth the declaration or plee of the plaintiffe a barre speciall is that which is more then ordinarie falleth out in the case in hand or question vpon some speciall circumstance of the fact Plowden casu Colthirst fo 26. a. b. For exāple an executor being sued for his testators debt pleadeth that he had no goods left in his hands at the day when the writ was purchased or taken out against him This is a good barre to common intendment or prima sacie But yet the case may so fall out that more goods might come to his hands sithence that time which if the plaintiffe can shew by way of replication then excep the haue a more especiall plee or barre to alleadge he is to be condemned in the action See also Plowden in the case aofre named fo 28. a. b. and Brooke titulo Barre nu
and in euery action reall as also euery action personall where the debt or dammages amount to 40. merks it is a good chalenge to any man that he cannot dispend 40. shillings by the yeare of Free-hold anno 11. H. 7. cap. 21. and Termes of the lawe verbo Chalenge The ground of this chalenge you may see farder in Fleta lib. 4. cap. 8. Chalenge vpon reason or cause is when the partie doth alledge some such exception against one or more of the Iurors as is not forthwith sufficient vpon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Iurors as for example if the sonne of the Iuror haue maried or espoused the daughter of the aduerse partie Termes of lawe vbi supra This chalenge per cause seemeth to be tearmed by Kitchin chalenge for fauour fol. 92. or rather Chalenge for fauour is said there to be one species of chalenge per cause where you may read what chalenges be commonly accounted principall and what not See the new booke of Entries 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. li. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will neuer forgiue him that first strooke this blowe at him Of chalenge you may farder read Fleta lib. 1. cap. 32. § Ad quem diem seqq Chamberdekins are Irish beggers anno 1. H. 5. cap. 8. Chamberer is vsed for a chamber maide anno 33. H. 8. cap. 21. Chamberlaine camerarius vel camberlingus commeth of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly vsed in our Chronicles Lawes and Statutes as Lord great Chamberlaine of England Lord Chamberlain of the kings house the kings Chamberlaine anno 13. Ed. 1. cap. 41. anno 17. R. 2. cap. 6. to whose office it especially appertaineth to looke to the kings chambers and wardrobe and to gouerne the vnder ministers belonging vnto the same Fleta lib. 2. cap. 6. 7. Chamberlaine of any of the kings courts anno 7. Ed. 6. cap. 1. Chamberlaine of the Exchequer anno 51. H. 3. stat 5. anno 10. Ed. 3. cap. 11. anno 14. eiusdem cap. 14. anno 26. H. 8. cap. 2. Chamberlaine of north Wales Stow. pag. 641. Chamberlaine of Chester Cromptons iurisd fol. 7. This Officer is commonly the receiuer of all rents and reuenues belonging to that person or citie whereunto he is chamberlaine v. Fletam li. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camera i. testudine sive fornice quia custodit pecunias quae in cameris praecipuè reservantur Onyphrius de interpret vooum ecclesiasticarum It seemeth to be borowed from the Feudists who define the word camera thus Camera est locus in quem the saurus recolligitur vel conclave in quo pecunia reservatur Zasius de feudis part 4. num 7. and Peregrinus de iure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quē quaestorem antiqui appellârunt in rebus fisci primum locum tenet quia thesauraruis custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the kings Exchequer who were wont to keepe a controlment of the pels of receipt and exitus kept certaine keyes of the treasure cofers which is not now in vse They keepe the keyes of the Treasurie where the leagues of the Kings predecessors and diuers auncient bookes doe remaine There is mention of this officer in the Statute anno 34. 35. H. 8. cap. 16. There be also vnder-chamberlaines of the Exchequer which see in Vnder-chamberlaine Champartie cambipartita aliàs champertie seemeth to come from the french champart 1. vectigal and signifieth in our common lawe a maintenance of any man in his suit depending vpon condition to haue part of the thing be it lands or goods when it is recouered Fitzh nat br fo 171. and champertours be they that moue plees or suites or cause to be moued either by their owne procurement or by other and persyew at their proper costs for to haue part of the land in variance or part of the gaines anno 33. Ed. 1. stat 2. in fine Whereunto adde the third statut made the same yeare This seemeth to haue bene an auncient fault in our realme For notwithstanding these former statutes and a forme of writ framed vnto them yet anno 4. Ed. 3. ca. 11. it was againe inacted that whereas the former statute prouided redresse for this in the kings bench onely which in those dayes folowed the court from thence forth it should be lawfull for Iustices of the common plees likewise and Iustices of assises in their circuits to inquire heare and determine this and such like cases as well at the suite of the king as of the party How farre this writ extendeth and the diuers formes therof applied to seuerall cases see Fitzh nat br fo 171. and the Register orig fo 183. and the new booke of entrise verbo Champertie Euery champertie employeth maintenance Cromptons iurisd fo 39. See also his Iustice of peace fo 155. b. c. These with the Romans were called redemptores litium qui sc quotidianas lites mercantur aut quipartem litis paciscuntur l. si remunerandi § Maurus Π. Mandati l. si contra l. per diuersas Co. eodem 13. Champion campio is thus defined by Hotoman in verbis feudalibus Campio est certator pro alio datus in duello a campo dictus qui circus erat decertantibus definitus In our common lawe it is taken no lesse for him that trieth the combat in his owne case then for him that fighteth in the place or quarell of another Bracton li. 3. tracta 2. ca. 21. nu 4. who also seemeth to vse this word for such as hould by sergeanty or some service of another as cāpiones faciunt homagium domino suo li. 2. ca. 35. Of this reade more in Battell and Combat 30. Chanceler cancellarius commeth of the french chaneelier Vincentius Lupanus de magistratibus Francorum saith that cancellarius is no latine word how be it he citeth diuers latine writers that doe vse it With him agreeth that excellent man Petrus Pithaeus libro 2. aduersariorum ca. 12. and whereas Lupanus would deriue it from the verb cancello Pithaeus confesseth he hath good colour for his opinion though he thinke it not sound and therefore rather deduceth it a cancellis Cancellare is literas vel scriptum linea per medium ducta damnare and seemeth of it selfe likewise to be deriued a cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greeke which we in our tong call a letis that is a thing made of woode or iron
the rols to euerie officer and the receiuing of them againe when they be written and the binding and making vp of the whole bundels of euerie terme and this he doth as seruant to the cheife Iustice For the cheife Iustice is at charge for all the parchemēt of all the rols Clerk of the outlawries clericus vtlagariarum is an officer belonging to the court of common plees being onely the seruant or deputie to the kings atturney generall for making out the writs of capias vtlagatum after outlawrie And the kings atturneis name is to euerie one of those writs And whereas seuen pence is paide for the seale of everie other writ betwixt partie party there is but a peny paid for the seale of this writ because it goeth our at the Kings suite Clerk of the sewers clericus sucraerum is an officer apperteining to the commissioners of sewers writing all things that they doe by vertue of their cōmission for the which See Sewers and see the statute anno 13. Elizabe ca. 9. Clerk controller of the kings house whereof there be two is an officer in court that hath place and seate in the compting house and authoritie to allow or disallow the charges and demands of pursuivants or messengers of the greene cloth purveiours or other like He hath also the ouer-sight and controlling of all defaults defects and miscariages of any the inferiour officers and to sit in the counting house with the superiour officers viz. the L. Steward treasurer controller and coferer either for correcting or bettering things out of order and also for bringing in country provision requisite for the Kings houshold and the censure for fayling of cariages and carts warned charged for that purpose This officer you haue mentioned anno 33. H. 8. ca. 12. Clerk of the Nihils clericus nihilorum is an officer in the Exchequer that maketh a rolle of all such summes as are nihiled by the shyreeues vpon their estreats of greene waxe and dilivereth the same into the Lord treasurers remembrancer his office to haue execution done vpon it for the king Clerk of the check is an officer in court so called because he hath the check and controlment of the yeomen of the gard and all other ordinary yeomen and huissiers belonging either to his maiesty the Queene or Prince either giuing leaue or allowing their absences or defects in attendance or deminishing their wages for the same He also nightly by himselfe or depute 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. H. 8. ca. 12. Clerk marshiall of the kings house seemeth to be an officer that attendeth the marshiall in his court and recordeth all his proceedings anno 33. H. 8. cap. 12. Clothe of raye anno 27. Ed. 3. sta 1. cap. 4. Closhe is an vnlawfull game forbidden by the statute anno 17. Ed. 4. cap. 3. which is casting of a bowle at nine pinnes of wood or nine shanke bones of an oxe or horse Clove is the 32. part of a weigh of cheese i. 8. pound anno 9. H. 6. cap. 8. Cloues caryophylli are a spice knowne by sight to euery man They be flowers of a tree called caryophyllus gathered and hardened by the Sunne Of their nature you may reade in Gerards Herball lib. 3. cap. 144. This is cōprised among such spices as be to be garbled anno 1. Iacob cap. 19. Cocket cokettum is a seale appertaining to the kings custome house Regist orig fol. 192. a. also ascrow of parchement sealed and deliuered by the officers of the custome house to merchants as a warrant that their merchandize be customed anno 11. H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist vbi supra fol. 179. a. So is the word vsed anno 5. 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat 1. cap. 21. This word is also vsed for a distinction of bread in the statutes of bread ale made anno 51. H. 3. where you haue mention of bread coket wastell bread bread of trete and bread of common wheate Coferer of the Kings houshold is a principal officer of his Maiesties court next vnder the Controller that in the counting house and elsewhere at other times hath a speciall charge and ouersight of other officers of the houshold for their good demeanure and cariage in their offices to all which one and other being either Sergeants Yeomē groomes pages or children of the kitchin or any other in any roome of his Maiesties seruants of houshold and payeth their wages This officer is mentioned anno 39. Elixab cap. 7. Cogs anno 23. H. 8. cap. 18. Conisour of a fine is he that passeth or acknowledgeth a fine in lands or tenemēts to another Cognise◠is he to whom the fine is acknowledged West parte 2. symbol titulo Fines sect 2. Cognizance commeth from the French cognisance i. intelligentia intellectus notio cognitio with vs it is vsed diuersly some time signifying a badge of a seruingmans sleeue whereby he is discerned to belong to this or that Noble or Gentleman somtime 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. tractat 3. cap. 16. As also to make cognisance of taking a distresse somtime as an audience or hearing of a mater iudicially as to take cognisance sometime a power or iurisdiction as cognisance of plee is an habilitie to call a cause or plee out of another court which no man can doe but the king except he can shew charter for it Manwood parte 1. Of his Forest lawes pag. 68. See the new tearmes of the lawe and the new booke of Entries verbo Conusance Cognatione See Cosenage Cognisour see Conisour Cognitionibus mittendis is a writ to a Iustice or other that hath power to take a fine who hauing taken knowledgement of a fine deferreth to certifie it into the court of common plees commanding him to certifie it Regist orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin i. angulus which probably verifieth the opinion of such as doe hould the auncientest sort of coyne to be cornered and not round Of this Lawyers substantiue cuna commeth the Lawyers verbe cunare i. to coyne Cromptons Iustice of peace fol. 220. Coliander seede or rather Coriander seede Semen coriandri is the seede of an herbe so called medicinable and wholesome for diuers good purposes which see in Gerards Herball lib. 2. cap. 3. 79. It is numbred among the drugges that be to be garbled anno 1. Iacob cap. 19. Collaterall collateralis commeth of the Latine laterale i. that which hangeth by the side Lateralia viatoria Π. de lega fideium tertio l. 102. seeme to signifie a budget or capcase to hang by a saddle pomel Collaterall
beneficiū iusve habere in beneficio aut canonicum titulum censebuur vti nec depositarius in re deposita wherof also Petrus Gregorius de beneficiis ca. 10. nu 13. thus writeth In hac quarta divisione potest adds tertium genus beneficii quod citra praescriptionem qualitatis a persona alterius qualitatis quà m beneficium exigat naturâ possidetur sed sine praeiudicio naturae beneficii per dispensationem eo commendato olim ad tempus certum certae personae hodie vt plerunque quà m diu commendatarius vixerit Vocant hoc beneficium commendatum commendam vt si regulare beneficium á Summo Pontisice conferatur nomine commēdae saeculari Nam ideo non mutatur beneficii natura nec fit ideo saeculare c. And a little after Interim annotabimus duplici de causa fieri commendam ecclesiae nempe vel in vtilitatem ecclesiae vel commendatarii In primo commenda titulum non dat beneficii commendatario dicitur potius custodia quae revocari potest quod repugnat naturae beneficii quod est perpetuum In secundo autem casu beneficium censetur in vtilitatem commendatarii commēda facta quam possidere potest quà m diu vixerit c. whome you may also read ca. 2. li. 13. Commissarie cōmissarius is a title of ecclesiasticall iurisdiction appertaining to such a one as exerciseth spirituall iurisdiction at the least so farre as his commission permitteth him in places of the dioces so farre distant from the cheife citie as the chanceler cannot call the subiects to the Bishops principall consistorie without their to great molestation This commissarie is of the canonists termed commissarius or officialis foraneus Lyndwoods provin ca. 1. de accusatio ver bo Mandatum archiepiscopi in glos and is ordeined to this especiall end that he supply the bishops iurisdiction and office in the out places of the dioces or els in such parishes as be peculiars to the bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there be archedeacons that haue iurisdiction within their archdeaconries as in most places they haue there this commissarie is but superfluous and most commonly doth rather vexe and disturb the country for his lucre then of conscience seeke to redresse the liues of offenders And therefore the Bishop taking prestation mony of his archdeacons yearely pro exteriori iurisdictione as it is ordinarily called doeth by superonerating their circuit with a commissarie not onely wrong archdeacons but the poorer sort of subiects much more as common practise daily teacheth to their great woe Cōmission commissio is for the most part in the vnderstanding of the common lawe as much as delegatio with the Civilians See Broke titulo commission and is taken for the warrant or letters patents that all men exercising iurisdiction either ordinarie or extraordinarie haue for their power to heare or determine any cause or action Of these see diuers in the table of the Register originall verbo Commissio yet this word sometime is is extended farder then to maters of iudgement as the commission of purveiours or takers anno 11. H. 4. ca. 28. But with this epitheton high it is most notoriously vsed for the honourable commission court instituted and founded vpon the statute 1. Eliza. ca. 1. for the ordering and reformation of all offences in any thing appertaining to the iurisdiction ecclesiasticall but especially such as are of higher nature or at the least require greater punishment then ordinarie iurisdiction can afford For the world being growne to that loosenes as not to esteeme the censure of excommunicatiō necessitie calleth for those censures of fynes to the prince and imprisonment which doe affect men more neerely Commission of rebellion Commissio rebellionis is otherwise called a writte of rebellion breue rebellionis and it hath vse when a man after proclamation made by the Shyreeue vpon an order of the channcerie or court of Starre chamber vnder penaltie of his allegance to present himselfe to the court by a certaine day appeareth not And this commission is directed by way of commaund to certaine persons to this end that they or three two or one of them doe apprehend or cause to be apprehend the party as a rebell and contemner of the kings lawes wheresoeuer they find him within the kingdome and bring him or cause him to be brought to the courte vpon a day therein assigned The true copie of this commission or writ you haue in Cromptons diuers Iurisdictions Court de Starre chamber as also in West tractat touching proceedings in Chancerie Sectio 24. Commissioner commissionarius is he that hath commission as leters patents or other lawfull 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 eyre an 3. Ed. 1. ca. 26. with infinite such like Committee is he to whome the consideration or ordering of any mater is referred either by some court or consent of parties to whome it belongeth As in Parlament a bille being read is either consented vnto and passed or denied or nether of both but referred to the consideration of some certaine men appointed by the house farder to examine it who thereupon are called committees Committee of the King West par 2. symbo titulo Chancerie sect 144. This word seemeth to be something strangely vsed in Kitchin fo 160. where the widow of the kings tenent being dead is called the cōmittee of the king that is one committed by the auncient law of the land to the kings care and protection Common bench bancus communis is vsed some time for the court of common plees anno 2. Ed. 3. ca. 11. So called as M. Camden saith in his Britannia pa. 113. quia communia placita inter subditos ex iure nostro quod communae vocant in hoc disceptantur that is the plees or controuersies tryed betweene common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Iustices in eyre consueverunt Iusticiarii imponere villatis iuratoribus hundredis toti comitatui concelamētum omnes separatim amerciare quod videtur voluntarium cùm de periurio concelamento non fuerint convicti sed potius dispensandum esset cumeis quod animas in statera posuerint pro pacis conservatione li. 1. cap. 48. § Quibus And a litle following § Et provisum he hath these words Et provisum est quòd communes misericordiae vel fines comitatuum amerciatorumin finibus itinerum Iusticiariorum ante recessum ipsorum Iustitiariorum per sacramenta militum aliorum proborum hominum de commitatu eodem affidentur super eos qui contribuere debent vnde particulae Iusticiariis liberentur vt cum aliis extractis suis ad Scaccarium liberare valeant These last words of his haue relation to the statute Westminst
other thing that may be tried by the lawe of the land And reade Fortescue ca. 32. This office was belonging heeretofore to the lords of certaine maners iure feudi and why it is discontinued see Dyer fo 258. nu 39. Out of this high magistracie saith M. Lamberd were drawen these lower constables which we call constables of hundreds franchises and first ordeined by the statute of Winchester anno 13. Ed. 1. which appointeth for the conseruation of the peace and view of armour two constables in euerie hundred and franchise which in latine are called constabularii capitales And these be nowe a daies called high constables because continuance of time and increase both of people and offenfes hath againe vnder these made others in euery towne called petit constables in latine subconstabularios which are of like nature but of inferiour authoritie to the other as you may read at large in that learned mans treatise before named Of these also read S. Thomas Smith li. 2. ca. 22. Beside these there be officers of particular places called by this name as constable of the tower Ssawnf pl. cor fol. 152. anno 1. H. 4. ca. 13. Stowes annals pa. 812. iurisdict fo 132. constable of the exchequer anno 51. H. 3. statute 5. Constable of Douer castel Camdeni Britan. pa. 239. Fitzh nat br fo 240. otherwise called castellane Westm i. ca. 7. anno 3. Ed. i. But these be castellani properly as M. Lamberd noteth though conioined in name with the others See the statute anno 32. H. 8. ca. 38. M. Manwood parte prima ca. 13. of his forest lawes maketh mention of a constable of the forest Consuetudinibus seruities is a writ of right close which lyeth against the tenent that deforceth his lord of the rent or seruice dew vnto him Of this see more at large the Old nat br fo 77. Fitzh eodem fo 151. and the Register orig fo 159. Consultation consultatio is a writ whereby a cause being formerly remoued by prohibition from the ecclesiasticall court or court christian to the kings court is returned thither againe For the Iudges of the kings court if vpon comparing the libell with the suggestion of the party they do find the suggestion false or not proued and therefore the cause to be wrongfully called from the court christian then vpon this consultation or deliberation they decree it to be returned againe wherevpon the writ in this case obtained is called a consultation Of this you may reade the Register orig fo 44. 45. c. vsque fol. 58. Old nat br fo 32. Fitzh eodem fo 50. Contenement contenementum seemeth to be the free hould land which lyeth to a mans tenement or dwelling house that is in his owne occupation For in magna charta ca. 14. you haue 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 maner thereof sauing to him his contenement or free hould And a merchant likewise shal be amerced sauing to him his merchandies and any other villaine then owers shal be amerced sauing his wainage if he take him to our mercy And Bracton li. 3. tracta 2. ca. 1 nu 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti seoundùm quod delictum fuit magnum vel parvum saluo contenemento suo mercator verò non nisi salua merchandiza sua villanus nisi saluo Waniagio suo which mercy seemeth to haue bene learned from the ciuile lawe whereby executio non potest fieri in boues aratra aliaue instrumenta rusticorum l. executores Authen Agricultores Co quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei indica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate Π. de verbo significa Quae tamen rusticorum militum scholarium priuilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Iohan. Eimericus in processu indiciario cap. de Executione senten 79. num 11. Continuance seemeth to bee vsed in the common law as prorogatio is in the ciuile lawe For example Continuance vntil the next assise Eitz nat br fol. 154. F. and 244. D. in both which places it is sayde that if a record in the treasurie be alledged by the one partie and denyed by the other a certiorari shall be siewed to the Treasurer and the chamberlaine 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 the Tower the king shall send to the Iustices repeating the certificate and will them to continue the assise In this signification it is likewise vsed by Kitchin fol. 202. 199. and also anno 11. H. 6. cap. 4. Continuall claime continuum clameum is a claime made from time to time Within euery yere and day to land or other thing which in some respect we cannot attaine without daunger For example if I be disseised of land into which though I haue right vnto it I dare not enter for feare of beating it behooueth me to hold on my right of entry to the best oportunitie of me mine heyre by approching as neare it as I can once euery yere as long as I liue and so I saue the right of entry to mine heire Termes of law Againe if I haue a slave or villein broken from me and remaining any where within the auncient demesn of the king being in the handes of the king I cannot maintaine the writ de nativo habendo as long as he continueth there but if I claime him within the yeare and the day and so continue my claime vntill I can find him within that compasse I may lawfully lay hold of him as mine owne Fitz. nat br fol. 79. See more in Litleton verbo Continuall claime And the new booke of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a covenant or agreement with a lawfull consideration or cause West parte prim symbol lib. 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 vt vel vterque invicem vel alteruter obligetur Who so will throughly examine the difference betweene this and pactū and such other words something like in signification let him search the civilians and he shall find worke both pleasant and profitable and well fitting the common lawe also Contra formam collationis is a writ that lyeth against an abbot or his successor for him or his heire that hath giuen land to an Abbey to certaine good vses and findeth that the Abbot or his successour hath made a feofment thereof with the assent of the tenents to
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries 〈◊〉 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
5. El. ca. 5. and diuers others Creast Tile See Roofe tile Croft croftum is a litle close or pitle ioyning to a house that sometimes is vsed for a hemp ground sometime for corne and sometime for pasture as the owner listeth It seemeth to come of the ould english word Creaft signifiing handy craft because such groundes are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be vsed by Britton ca. 122. for such as are pilgrimes the reason may be for that they weare the signe of the crosse vpon their garments Of these and their priuileges reade Bracton li. 5. parte 2. ca. 2. parte 5. ca. 29. and the grand custumary of Normandy ca. 45. Vnder this word are also signified the knights of the order of Saint Iohn of Ierusalem created for the defence of pilgrims Grego Syntag. li. 15. ca. 13. 14. Cucking stoole tumbrella is an engine inuented for the punishment of scolds and vnquiet women called in auncient time a tumbrell Lamb. eirenarcha li. 3. ca. 12. po 62. in meo Bracton writeth this word tymborella Kitchin where he saith that euery one hauing view of Erankpledge ought to haue a pillorie and a tumbrell seemeth by a tumbrell to meane the same thing cap. Charge in court leete fol. 13. a. Cuth other vncuth privatus vel extraneus These be old English words not yet worne out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Conthutlaughe Cui ante divortium is a writ that a woman diuorced from her husband hath to recover lands or tenements from him to whome her husband did alienate them during the mariage because during the mariage she could not gainesay it Regist ori fol. 233. Fitzh nat br fol. 204. Cuinage is a word vsed for the making vp of tinne into such fashion as it is commonly framed into for the cariage thereof into other places anno 11. H. 7. cap. 4. Cui in vita is a writ of entrie that a widow hath against him to whome her husband aliened her lands or tenements in his life time which must containe in it that during his life time she could not withstand it Regist orig fol. 232. Fitz. nat br fol. 193. See the newe booke of Entries ver ho. Cut in vita Cuntey cuntey is a kind of triall as appeareth by Bracton in these words Negotium in hoc casu terminabitur per cuntye cuntey sicut inter cohaeredes Bracton lib. 4. tra 3. cap. 18. And againe in the same place In brevi de recto negotium terminabitur per cuntey cuntey And thirdly lib. 4. tract 4. cap. 2. Terminabitur negotium per breve de recto vbi nec duellum nec magna assisa sed per cuntey cuntey omnino which in mine opinion is as much as the ordinarie Iurie Curfew commeth of two French words couvrir i. tegere and feu i. ignis We vse it for an euening peale by the which the Conquerour willed euery man to take warning for the raking vp 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 vpon any point or points of a cause before iudgement be resolued on For this see the new booke of Entries verbo Curia avisare vult Curia claudenda is a writ that lyeth against him who should fence and close vp his ground if he refuse or deferre to doe it Register orig fo 155. Fitzh nat br fo 127. See also the newe booke of Entrise verbo Curia claudenda Cursiter clericus de cursu vel cursista curiae cancellariae is an officer or clerke belonging to the chancerie that maketh out originall writs anno 14 15. H. 8. ca. 8. They be called clerks of course in the oathe of the clerks of the chancerie appointed anno 18. Ed. 3. stat 5. ca. vnico There be of these 2◠in number which haue allotted vnto every of them certaine shires into the which they make out such originall writs as are by the subiect required and are a corporation among themselues Curteyn curtana was the name of king Edward the sainct his sword which is the first sword that is caried before the kings of this land at their cotonation Mathaeus Parisiensan Henrico tertio And I haue heard say that the point thereof is broken which may argue an embleme of mercie Curtilage See Courtelage Custode admittendo Custode amouendo are writs for the admitting or remouing of gardians Register original in indice Custom consuctudo is all one in signification with our common lawyers and Civilians being by them both accounted a part of the lawe Consuetudo quandoque pro lege seruatur faith Bracton in partibus vbi fuerit more vtentium approbata Longaevi enim temporis vsus consuetudinis non est vilis authoritas li. 1. ca. 3. It may be thus not vnaptly defined Custom is a lawe or right not written which being established by long vse and the consent of our awncesters hath beene and is daily practised our awncesters that is maiores and those of our kindred that are vltra tritavum li. 4. § parentem Π. de in ius vocando l. vlt. § parentes Π. de gradibus affini nominibus eorum So that allowing the father to be so much owlder then his sonne as pubertas or the years of generation doe require the grandfather so much elder then him and soe forth vsque ad tritavum we cannot say that this or that is a custom except we can iustifie that it hath continued so one hundred yeares For tritavus must be so much elder then the party that pleadeth it yet because that is hard to proone it is enough for the profe of a custom by witnesses in the common lawe as I haue credibly heard if two 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 prooved by record the continuance of a hundred yeares will serue Custom is either generall or particular generall I call that which is current thorough England whereof you shall read diuers in the Doctor and Student li. pri ca. 7. very worthy to be knowne Particular is that which belongeth to this or that countie as Gavelkind to Kent or to this or that Lordship citie or towne Custom differeth from prescription for that custom is common to more and prescription in some mens opnion is particular to this or that man Againe prescription may be for a farre shorter time then a custom viz. for fiue yeare or for one yeare or lesse Example of fiue yeares prescription you haue in the levying
originall writ of deceite lieth where any deceit is done to a man by another so that he hath not sufficiently performed his bargaine or promise In the writ iudicial he concurreth with the former booke See the Reg. orig fo 112. and the Reg. iudiciall in the table verbo Deceptione Decimis solvendis pro possessionibus alienigenarum is a writ or leters patents yet extant in the Register which laye against those that had fermed the Priors aliens lands of the king for the Rector of the Parish to recouer his tythe of them Regi orig fol. 179. Deciners aliâs desiners aliâs doziners decennarii commeth of the French dizeine i. decas tenne in number or else of disenier i. decearchus It signifieth in the auncient monuments of our lawe such as were wont to haue the ouersight and checke of ten friburgs for the maintenance of the kings peace And the limits or compasse of their iurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also reade Fleta lib. 1. cap. 27 and a touch in the Regist orig fol. 68. b. These seemed to haue la 〈…〉 authoritie in the Saxons time 〈◊〉 king knowledge of causes within their circuite and redressing wrongs by way of iudgement as you may reade in the lawes of king Edward set out by M. Lambard num 32. In later times I find mention of these as in Britton cap. 12. who saith in the kings person as he writeth his whole booke in this maner We will that all those which be 14. yeares old shall make oath that they shall be sufficient and loyall vnto vs and that they will be neither felons nor assenting to felons and we will that all be en dozeine plevis per dozeniers that is professe themselues to be of this or that dozein and make or offer suretie of their behauiour by these or those doziniers except religious persons clerks knights and their eldest sonnes and women Yet the same author in his 29. chapter some thing toward the end doth say that all of 12. yeares old and vpward are punishable for not comming to the Turne of the Shyreeue except Earles Prelats Barons religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these wordes The like lawe is where the dozeniers make presentment that a felon is taken for felonie and deliuered to the Shyreeue c. And Kitchin out of the Register and Britton saith thus Religious persons clerkes knights or women shall not be deceniers fol. 33. So that hereby I gather that of later times this word signifieth nothing but such an one as by his oath of loyaltie to his Prince for suretie none ordinarily findeth at these dayes is setled in the combination or societie of a dozein And a dozein seemeth now to extend so farre as euery leete extendeth because in leetes onely this oathe is ministred by the steward and taken by such as are twelue yeares old and vpwards dwelling within the compasse of the leete where they are sworne Fitz. nat br fol. 161. A. The particulars of this oath you may reade in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the commission of the Iustices being read and the cause of their comming being shewed debent Iusticiarii se transferre in aliquem locum secretum vocatis ad se quatuor vel sex vel pluribus de maioribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum et sic inter se tractatum habeant Iusticiarii ad muicem ostendant qualiter a Domino Rege eius concilio prouisum sit quod omnes tam milites qùam alii qui sunt quindecim annorum ampliùs iurare debent qùod vtlagatos murditores robbatores burglatores non receptabunt neceis consentient nec eorum receptatoribus si quos tales nouerint illos attachiari facient hoc Vicecomiti baliuis suis monstrabunt si hutesium vel clameum de talibus audiverint statim audsto clamore sequantur cum familia hominibus de terra sua Here Bracton setteth downe 15. yeares for the age of those that are sworne to the kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12. yeares See Inlaughe A man may note out of the premisses diuersities betweene the auncient and these our times in this point of law and gouernement as well for the age of those that are to be sworne as also that Decennier is not now vsed for the chief man of a Dozen but for him him that is sworne to the kings peace and lastly that now there are no other Dozens but leetes and that no man ordinarily giueth other security for the keeping of the kings peace but his owne oathe and that therefore none aunswereth for anothers transgression but euery man for himselfe And for the general ground this may suffice See Frankepledge Declaration declaratio is properly the shewing foorth or laying out of an action personall in any suite howbeit it is vsed sometime and indifferently for both personall and reall actions For example anno 36. Ed. 3. c. 15. in these words By the auncient termes and formes of declarations no man shall be preiudiced so that the mater of the action be fully shewed in the demonstration in the writ See the new Termes of lawe See Cownte Dedimus potestatem is a writ whereby commission is giuen to a priuate man for the speeding of some act appertaining to a Iudge The Civilians call it Delegationem And it is graunted most commonly vpon suggestiō that the partie which is to doe something before a Iudge or in court is so feeble that he cannot trauell It is vsed in diuers cases as to make a personall aunswer to a bill of complaint in the Chaunceric to make an Atturney for the following of a suite in the Countie Hundred Wapentake c. Oldnat br fol. 20. To levie a fine West part 2. symbol titulo Fines sect 112. and diuers other effects as you may see by Fitzh nat br in diuers places noted in the Index of the booke In what diuersitie of cases this writ or commission is vsed see the table of the Regist orig verbo Dedimus potestatem Deedes Facta signifie in our commō law wrighungs that containe the effect of a contract made betweene man and man which the ciuilians call literarum obligationem And of deeds there be two sorts deeds indented and deeds poll Which diuision as M. West saith parte i. Simbol lib. 1. sect 46. groweth from the forme or fashion of them the one being cut to the fashion of teeth in the toppe or side the other being plaine And the definition of a deede indented he expresseth thus Sect. 47. A deed iudented is a deede consisting of two partes or more in which it is expressed that the parties to the same deede haue to euery parte thereof interchangeabely or seuerally
these words saluis omnibus aduantagiis tam ad iurisdictionem Curia quà m ad breue narrationem or such like Britton vseth it for the conference of a Iury vpon the cause committed vnto them ca. 53. See Imparlance Emprouement See Improuement Encheson A. 50. Ed. 3. ca. 3. is a french word signifiing as much as occasión cause or reason wherefore any thing is done See Skene de verbo significa verbo Encheson Encrochement or Accrochemēt commeth of the french Accrocher 1. apprehendere inuncare harpagare and that commeth of Crochure 1. aduncitas or crochu 1. aduncus Encrochement in our common law signifieth an vnlawfull gathering in vpon another man For Example if two mens grounds lying togither the one presseth too farre vpon the other or if a tenent owe two shillings rent seruice to the Lord the Lord taketh three So Hugh and Hugh Spencer encroched vnto them royall power and authoritie annoprim Ed. 3. in prooem Enditement Indictamentum commeth of the French Enditer i. deferre nomen alicuius indicare or from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because M. Lamberd will haue it so Eirenar lib. 4. cap. 5. pag. 468. It signifieth in our common lawe as much as Accusatio in the ciuile lawe though it haue not in all points the like effect West parte 2. symb titulo Inditements defineth it thus An Inditement is a Bill or declaration made in forme of lawe for the benefite of the common wealth of an accusation for some offence either criminall or penall exhibited vnto Iurours and by their verdict found and presented to be true before an Officer hauing power to punish the same offence It is an accusation because the Iury that inquireth of the offence doth not receiue it vntill the party that offereth the Bill appeare so farre in it as to subscribe his name and offer his oth for the truth thereof It differeth from an Accusation in this that the preferrer of the Bill is no way tyed to the proofe thereof vpon any penalty if it be not proued except there appeare conspiracy Wherefore though moued by M. Wests authority I call it an Accusation yet I take it to be rather Denuntiatio because it is of office done by the great enquest rather then of a free intent to accuse Of this you may reade S. Tho. Smith de Repub. Anglor lib. 2. cap. 19. and Stawnf pl. cor lib. 2. cap. 23. 24. 25. 26. c. Vsque 34. and M. Lamberds Eirenarcha li. 4. ca. 5. whence you may receiue good satisfaction in this mater Endowment Dotatio commeth of the french Doüare and signifieth the bestowing or assuring of a Dower See Dower But it is sometime vsed metaphorically for the setting forth or seuering of a sufficient portion for a vickar toward his perpetuall maintenance when the benefice is appropriated See Appropriation And the statute A. 15. R. 2. cap. 6. Endowment de la plus Belle part is where a man dying seised of some lands houlding in knights seruice and other some in socage the widow is sped of her dower rather in the lands houlding in socage then knights seruice Of this reade Litleton more at large li. 1. ca. 5. Enfranchisement cōmeth of the french Franchise 1. libertas and is in a maner a french word of it selfe It signifieth in our common law the incorporating of a man into any societie or body politicke For example he that by charter is made Denizen of England is said to be enfranchised and so is he that is made a citizen of London or other city or Burges of any towne corporate because he is made partaker of those liberties that appertaine to the corporation whereinto he is enfranchised So a villaine is enfranchised when he is made free by his Lord and made capable of the benefites belonging to freemen Englecerie engleceria is an old abstract word signifying nothing else but to be an English man For example if a man bee priuily slaine or murthered he was in old time accompted Francigena which word comprehendeth euery alien vntil Englecerie was proued that is vntill it were made manifest that he was an Englishman A man may maruell what meaning there might be in this but Bracton cleareth the doubt who in his third booke tract 2. cap. 15. num 3. telleth vs that when Canutus the Danish king hauing setled his estate here in peace did at the request of our Barons disburden the land of his armie wherein he accompted his greatest safetie and conditioned with them that his countrimen which remained here should continue in peace and the more to secure that that for euery Francigena vnder which word as is aboue said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be leauied to his Treasurie 66. merkes out of the village where the murder was cōmitted or out of the hundred if the village were not able to pay it and further that euery man murdered should be accompted Francigena except Englecery were proued which how it was to be proued looke the 7. number in the same chapter And see also Horns myrror of Iustices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Englecerie for the abuses and troubles that afterwarde were perceiued to grow by it was cleane taken away by a statute made anno 14. Ed. 3. capite quarto Enheritance See Inheritance Enquest Inquisitio 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 Romanes nor French men euer had vse of that I can learne And that is the Enquest of Iurors or by Iurie which is the most vsuall triall of all causes both ciuile and criminall in our realme For in causes ciuill after proofe is made of either side so much as each partie thinketh good for himselfe if the doubt be in the fact it is referred to the discretion of twelue indifferent men empaneled by the Shyreeue for the purpose and as they bring in their verdict so iudgement passeth For the Iudge saith the Iurie findeth the fact thus then is the law thus and so we iudge For the enquest in causes criminall see Iurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An enquest is either of office or at the mise of the partie Stawnf pl. cor lib. 3. cap. 12. Entendment commeth of the French entendement i. intellectus ingenium It signifieth in our common lawe so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayle feudum talliatum commeth of the French entaille i. inscisus and in our cōmon lawe is a substantiue abstract signifying Fee-tayle or Fee-intayled Litleton in the second chapter of his book draweth Fee-tayle from the verbe Talliare which whence it commeth or whether it will I know not whereas in truth it must come from the French taille
Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme 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 Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse coÌ„mitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno breâ—â—im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata â—bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must â—bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery 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 maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.
is made at large without inserting that or the like clause See Emperlaunce Impeachment of Waste impetitio vasti commeth of the french empeschement i. impedimentum and signifieth with vs a restraint from committing of waste vpon lands or tenements See Waste Implements commeth of the french emploier i. insumere in re aliqua it signifieth with vs things tending to the necessarie vse of any trade or furniture of househould Impost is a french word signifiing tribute comming of the verb imposer i iniungere irrogare it signifieth with vs the taxe receiued by the prince for such merchandise as are brought into any heauen from other nations anno 31. Elizabeth cap 5. and I thinke it may in some sort be distinguished from customs bicause custom is rather that profit which the prince maketh of wares shipped out of the land yet may they be confounded Improuement See Approue In casu consimili is a Writt See casu consimili In casu prouiso is a Writt See casu prouiso Incident incidens signifieth a thing necessarily depending vpon another as more principall for example a court Baron is soe incident to a maner and a court of piepowders to a faier that they cannot be seuered by graunt for if a maner or faire be graunted these coutts cannot be referued Kitchin fol 36. Incroche incrociare Se encrochments Admirals and their deputies doe incroche to themselues Iurisdictions c anno 15. Rich 2. ca 3. Indenture indentura is a writing comprising some contract betwene two and being indented in the toppe aunswerably to another that likewise conteineth the same contract this the Latines called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which among the ciuilians is defined to be scriptura inter creditorem debitorem indentata in cuius sciscura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scribitur and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quia hoc manu vnius tantùm puta debitoris scribitur penes debitorem relinquitur pruinc consttut de offic archidiaco cap pri verbo In scriptis vid. Gothosr in notis ad l. 27 § 3. Î . ad leg Corn. de fals Indicauit is a writ or prohibition that lieth for a patron of a church whose Clerk is defendant in court Christian in an action of tithes commenced by another clerke and extending to the fourth part of the church or of the tithes belonging vnto it for in this case the suite belongeth to the kings court by the statute Westm 2 cap 5. wherfore the patron of the defendant being like to be preiudiced in his church and aduowzen if the plaintife obteine in the court Christian hath this means to remoue it to the kings court the Register originall fol. 35. b. see ould nat br fol. 31. the register fol 35. and Britton cap 109. fol. â—60 A. Indictment Indictamentum see indightment Indiuisum is vsed in the common law for that which two houlde in common without particioÌ„ Kitchin fol. 241. in these words he houldeth pro indiuiso c Indorsment indorsamentum signifieth in the common law a condition writen vpon the other side of an obligation West part 2. simbol sect 157. Infang alias infeng significat quietantiam prioris prisae ratione conuiuij Fleta l i. cap 47. Infangthef or Hinfangthefe or Infangtheof is compounded of 3. Saxon words the preposition In fang or fong to take or catch thef it signifieth a priuiledge or libertie graunted vnto Lords of certaine maners to iudge any theeife taken within there fee. Bracton lib. 3. tracta 2. cap. 8. In the lawes of King Edward set out by M. Lambard nu 26 you haue it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illiverò qui non habent has consuetudines coram insticia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol 90. b. and Roger Houeden parte poster suoruÌ„ annalium fol. 345. b. M. Skene de verborum significatione verbo Infangthefe who writeth of it at large reciting diuersitie of opinions touching this and outfangthefe Fleta saith that infangtheef for soe he writeth it dicitur latro captus in terra alicuius seisitus aliquo latrocinio de suis propriis hominibus libro 1. cap 47 § Infangtheefe Information See Enditement See the new termes of lawe Informer informator in french informateur is an officer belonging to the exchequer or kings bench that denounceth or complaineth of those that offend against any penall statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Ciuilians are called delatores Informatus non sum is a formall aunswer or of course made by an atturney that is commaunded by the court to say what he thinketh good in the defence of his client by the which he is deemed to leaue his client vndefended and so iudgement paseth for the aduerse party See the new booke of Entries titulo Non sum informatus and Iudgement 12. Ingressu is a writ of entrie that is whereby a man seeketh entry into lands or tenements it lyeth in many diuers cases wherit hath as many diuersities of formes See Entry 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 diuers cases are these described in the old natura breu Ingressu ad terminum qui praetertit fol. 121. originall Regist sol 227. which lyeth where lands or tenements are let to a man for terme of yeares and the tenent houldeth ouer his terme Ingressu dum non fuit compos mentis fol. 223. original regist fol. 228. which lyeth where a man selleth land or tenement when he is out of his wits c. Ingressu dum fuit infra aetatem fol. 123. Register originall fol. 228. which lyeth where one vnder age selleth his lands c. Ingressu super deseisina in le quibus fol. 125. Regist orig fol. 229. which lyeth where a man is disseised and dyeth for his heire against the disseisour Ingressu in per fol. 126. original register fol. 229. Ingressu sur cui in vita fol. 128. originall Register fo 239. both which see in Enrry Ingressu cause matrimonii praelocuti fol. 130. original register fol. 233 which see causa matrimonii praelocuti Ingressu in casu proviso f. 132. Register original fo 235. which see casu pro viso Ingressu cui ante diuortium fol. 130. original register fol. 233. for which see cui ante diuorium Ingressu in consimili casu fol. 233. originall Register fol. 236. for which see Confimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230 for which see Sine assensu capituli Ingressu ad communem legem fol. 132. originall
latine word for him was Iusticia and not Iusticiarius as appeareth by Glan lib. 2. cap. 6. Roger Houeden parte poster suorum annalium fo 413. a. and diuers other places which appellation we haue 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 Iusti in their iudgements but in abstract ipsâ— iusticia how be it I hould it well if they performe their office in concreto Another reason why they are called Iusticiary with vs and not Iudices is bicause they haue their authority by deputation as Delegates to the king and not iure magistratus and therefore cannot depute others in their steed the Iustice of the Forest onely excepted who hath that liberty especially giuen him by the statute anno 32. H. 8. cap. 35. for the Chanceller Marshall Admirall and such like are not called Iusticiarii but Iudices of these Iustices you haue diuers sorts in England as you may perceaue heare following The maner of creating these Iustices with other appertenences reede in Fortescu cap. 51. Iustice of the Kings bench Iusticiarius de Banco regis is a Lord by his office and the cheife of the rest wherefore he is also called Capitalis Iusticiarius Angliae his office especially is to heare and determine all plees of the crowne that is such as concerne offences committed against the crowne dignitie and peace of the King as treasons felonies may hems and such like which you may fee in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled the plees of the crowne from the first chapter to the 51. of the first Booke But either it was from the beginning or by time it is come to passe that he with his assistans heareth all personall actions and reall also if they bee incident to any personall action depending before them See Cromptons Iuridict fol. 67. c. of this court Bracton lib. 3. cap. 7. nu 2. saith thus placita verò ciuilia in rem personam in Curia Domini Regis terminanda coram diuersis iusticiarus terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet vnam propriam sicut aulam regiam iusticiarios capitales qui proprias causas Regis terminant aliorum omnium per querelam vel per priuilegium siue libertatam vt si sit aliquis qui implacitari non debeat nisi coram Domino rege This Iustice as it seemeth hath no patent vnder the broad seale For so Crompton saith vbi supra He is made onely by writ which is a short one to this effect Regina Iohanni Popham militi saluteÌ„ Sciatis quod consistuimus vos Iusticiarium nostrum capitalem ad placita coram nobis terminandum durante beneplacito nostro Teste c. And Bracton in the place nowe recited speaking of the common plees saith that sine warranto inrisdictionem non habet which I thinke is to be vnderstood of a commission vnder the great Seale This court was first called the kings bench because the King sate as Iudge in it in his proper Person and it was moueable with the court See anno 9. H. 3. cap. 11. more of the Iurisdiction of this court see in Crompton vbi supra See Kings bench The oath of the Iustices see in the statute anno 18. Ed. 3. stat 4. See Oathe Iustice of common plees Iusticiarius communium placitorum is also a Lord by his office and is called Dominus Iusticiarius communium placitorum and he with his assistants originally did heare and determine all causes at the common lawe that is all ciuil causes betweene common persons as well personall as reall for which cause it was called the court of common plees in opposition to the plees of the Crowne or the Kings plees which are speciall and appertaining to him onely Of this and the Iuridisdiction hereof see Cromptons Iurisdiction fo 91. This Court was alwaies setled in a place as appeareth by the statute anno 9. H. 3. cap. 11. The oath of this Iustice and his associats see anno 18. Ed. 3. stat 4. See Oath Iustice of the Forest Iusticiarius 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 bee two whereof the one hath Iurisdiction oueral the forests on this side Trent the other of all beyond the cheifest point of their Iurisdiction consisteth vpon the articles of the Kings Charter called Charta de Foresta made anno 9. H. 3. which was by the Barons hardly drawne from him to the mitigation of ouer cruell ordinances made by his predecessors Reade M. Camdens Britan. Pag. 214. See Protoforestarius The Court where this Iustice sitteth and determineth is called the Iustice seate of the Forest held euery three yeares once whereof you may reade your fill in M. Manwoodes first part of Forest lawes pag. 121. 154. pag. 76. He is sometimes called Iustice in Eyre of the forest See the reason in Iustice in Eyre This is the only Iustice that may appoint a deputy per statutum anno 32. H. 8. cap. 35. Iustices of Assise Iusticiarii ad capiendas Assisas are such as were wont by speciall 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 subiects For whereas these actions passe alway by Iury so many men might not without great hinderance be brought to London and therefore Iustices for this purpose were by commission particularly authorised and sent downe to them And it may seeme that the Iustices of the common plees had no power to deale in this kinde of busines vntill the statute made anno 8. Rich. 2. cap. 2. for by that they are enhabled to take Assises and to deliuer Gaols And the Iustices of the kings Bench haue by that statute such power affirmed vnto them as they had one hundred yeares before that Time hath taught by experience that the beter sort of Lawyers being fittest both to iudge and plead may hardly be spared in terme time to ride into the country about such busines and therefore of later yeares it is come to passe that these commissions ad â—apiedas Assisas are driuen to these two times in the yeare out of terme when the Iustices and other may beat leasure for these controuersies also whereupon it is also fallen out that the maters wont to be heard by more generall Commissions of Iustices in Eyre are heard all at one time with these Assises which was not so of ould as appeareth by Bracton lib. 3. c. 7. nu 2. Habet etiam Iusticiarios itineraÌ„tes de comitatu in Comitatum quandoque ad omnia placita quandoque ad quaedam specialia sicut Assisas c. ad Gaolas
deliberandas quandoque ad vnicam vel duas non plures And by this meanes the Iustices of both benches being iustly to be accounted the fittest of all others and others their assistants as also the Sergeants at law may be imployed in these affaires who as grauest in yeares so are they ripest in iudgement and therefore likest to be voide of prociality for being called to this dignity they giue ouer practise anno 8. R. 2. cap. 3. but this alway to be remembred that neither Iustice of either bench nor any other may be Iustice of Assise in his owne country anno 8. Rich. 2. cap. 2. anno 33. H. 8. cap. 24. lastly note that in these daies though the selfe same men dispatch busines of so diuers natures and all at one time which were wont to be performed by diuers and at seuerall times yet they doe it by seuerall commissions Cromptons Iurisdictions fo 210. For those who be in one word called Iustices of circuit and twice euery yeare passe by two and two through all Englād haue one cōmission to take Assises another to deliuer Goales another of oyer and terminer That Iustices of Assise and Iustices in Eyre did aunciently differ it appeareth an 27. Ed. 3. cap. 5. and that Iustices of Assise Iustices of goale deliuery were diuerse it is euident by anno 4. Fd. 3. cap. 3. The oath taken by Iustices of assise is all one with the oath taken by the Iustices of the kings bench Ould abridgement of statutes titulo Sacramentum Iusticiariorum See Oath Iustices of oyer and terminer Iusticiarii ad audiendum terminandum were Iustices deputed vpon some especiall or extraordinary occasion to heare and determine some or more causes Fitzherberd in his natura beruium saith that the commission d' oyer and terminer is directed to certaine persons vpon any great assembly insurrection hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely wayed it is prouided by the statute anno 2. Ed. 3. cap. 2. that no such commission ought to be graunted but that they shal be dispatcheo before the Iustices of the one bench or other or Iustices errāts except for horrible trespasses that by the especial fauour of the King The forme of this cōmission see in Fitzh natura breu fol. 110. Iustices in Eyre Iusticiarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis iteneribus prouerbially spoken the vse of these in auncient time was to send them with commission into divers counties to heate such causes especially as were termed the plees of the crowne and therefore I must imagine they were so sent abroad for the ease of the subiects who must els haue beene hurried to the kings bench if the cause were too high for the countie court They differed from the Iustices of oyer and terminer because they as is aboue said were sent vpon some one or fewe speciall cases and to one place whereas the Iustices in Eyre were sent through the prouinces and counties of the land with more Indefinite and generall commission as appeareth by Bracton lib. 3. cap. 11. 12. 13. and Britton cap. 2. And againe they seeme to differ in this because the Iustices of oyer and terminer as it is before said were sent vncertainly vpon any vproare or other occasion in the country but these in Eyre as M. Gwin setteth downe in the preface to his reading were sent but euery seuen yeare once with whome Horn in his myrrour of Iustices seemeth to agree lib. 2. cap. queux poient estre actours c. and lib. 2. c. des peches criminels c. al suyte de Roy c. and lib. 3. c. de Iustices in Eyre where he also declareth 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 fo 313. b. hath of them these wordes Iusticiarij itinerantes constituti per Henricum secundum i. qui diuisit regnum suumin sex partes per quarum singulas tres Iusticiarios itinerantes constituit quorum nomina haec sunt c. Iustices of Gaol deliuery Iusticiarii ad Gaolas deliberandas are such as are sent with commission to heare and determine all causes apperteining to such as for any offence are cast into the Gaol part of whose authoritie is to punish such as let to mainprise those prisoners that by lawe be not bayleable by the statute de finibus cap. 3. Fitzh nat br f. 251. I. These by likelyhoode in auncient time were sent to countries vpon this seuerall occasion But afterward Iustices of Assise were likewise authorised to this anno 4. Ed. 3. cap. 3. Their oath is all one with other of the kings Iustices of either bench Ould Abridgement of statutes titulo Sacramentum Iusticiariorum See Othe Iustices of labourers were Iustices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or haue vnreasonable wages See anno 21. Eduardi 3. cap. primo anno 25. eiusd cap. 8. anno 31. eiusdem cap. 6. Iustices of Nisi prius are all one now a daies with Iustices of Assises for it is a common Adiournment of a cause in the common plees to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas and vpon this clause of Adiournment they are called Iustices of Nisi prius as well as Iustices of Assises by reason of the writ or action that they haue to deale in their commission you may see in Cromptons Iurisdsctious fol. 204. yet M. Crompton maketh this difference betweene them because Iustices of Assise haue power to giue iudgement in a cause but Iustices of Nisi prius only to take the verdict But in the nature of both there functions this seemeth to be the greatest difference because Iustices of Nisi prius haue to deale in causes personall as well as reall wheras Iustices of Assise in strict acception deale only with the possessory writs called Assises Iustices of trial bastō alias of trayl baston were a kind of Iustices appointed by King Edward the first vpon occasion of great disorder growne in the Realme during his absence in the Scottishe and French warres they are called in the ould nat bre f. 52. Iustices of triall Baston but by Holynshed and Stow in Edw. pri of Traile baston of trailing or drawing the staffe as Holinshed saith Their office was to make inquisition through the Realme by the verdict of substantiall Iuries vpon all officers as Mayors Shyreeues Bailifes escheatours others touching extortion briberies and other such greeuances as intrusions into other mens lands and Barratours that vsed to take mony for beating of men and also of them whom they did beate by meanes of which inquisitions many were punished by death many by ransome and so the rest flying the
anno 1. Iac. cap. 33. conteineth 12. dozen of hides or skins Latitat is the name of a writ whereby all men in personall actions are called originally to the Kings bench Fitz. nat br fo 78. M. And it hath the name from this because in respect of their beter expedition a man is supposed to lurke and therefore being serued with this writ he must put in securitie for his appearance at the day for latitare est se malitiosè occultare animo fraudandi creditores suos agere volentes l. Fulcinius § Quid sit latitare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quibus ex causis in possessionem eatur But to vnderstand the true original of this writ it is to be knowne that in auncient time whilest the kings bench was moueable and followed the court of the King the custome was when any man was to be siewed to send forth a writ to the Shyreeue of the county where the Court lay for the calling him in and if the Shyreeue returned non est inventus in baliva nostra c. then was there a second writ procured foorth that had these words testatum est eum latitare c. and thereby the Shyreeue willed to attach him in any other place where he might be found Now when the tribunall 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 Shyreeue of Midlesex to summon the party and if he could not be found there then next to apprehend him wheresoeuer But this seeming too troublesome for the subiect it was at last deuised to put both these writs into one and so originally to attache the party complained of vpon a supposall or fiction that he was not within the county of Middlesex but lurking else where and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a writ directed to the Shyreeue 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 custodie when he is then by reason he is in the same countie where the Kings bench is he may be siewed vpon 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 haue bene enformed that the bringing of these actions of trespas so ordinarily to the kings bench was an inuention of Councelers that because onely Sergeants may come to the common plees barre found a meanes to set themselues on worke in that court The forme of this writ is such Iacobus Dei gratia Angliae Francis Scotiae Hiberniae Rex fidei defensor c. Vicecomiti Cantabrigiae salutem Cum Vicecomitinostro Midlesexiae nuper praeceperimus quod caperet Thomam T. Wilielmum W. si inuenti fuissent in balliua sua eos saluo custodiret ita quòd haberet corpora eorum coram nobis apud Westminster die veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito trangressionis cumque vicecomes noster Midlesexiae ad diem illum nobis returnauerit quod praedicti Thomas T. Wilielmus W. non sunt inuenti in balliua sua super quo ex part praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Wilielmus latitant discurrunt in comitatu tuo Idcirco tibipraecipimus quòd capias eos si inveÌ„tifuerint in balliua tua eos salvo custodias it a quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto deplacito praedicto habeas ibi tunc hoc breve Teste Iohanne Pâ—pham apud Westminster Roper Launcegay anno 7. Rich. secundi cap. 13. Law lex cometh of the Saxon lah the generall significatioÌ„ is plaine only this I thought to note that the law of this land hath beene variable For first Dunwallo Mulmutius otherwise Molincius a Brittaine that being Duke of Cornwall reduced the whole land formerly seuered by ciuile wars into the state of a Monarchy made certaine wholsome lawes which long after were called Mulmutius lawes and by Gyldas translated out of the Bryttish tongue into latine Stow in his Annals pag. 16. Of these there remaine yet certaine heads recorded by our historiographers as followeth 1. vt Deorum templa ciuitates hominum consequantur tantam dignitatem ne quis illò confugiens extrahipossit antequà m ab eo quem laeserat veniam impetraverit 2. vt huiusmods privilegium immunitatis habeant etiam ipsae viae quae ducunt ad templa ad vrbes 3. Imo iumenta quoque illa quae res rusticae subueniunt 4. Denique colonorum aratra ipsa tali praerogativa libertatis perfruantur 5. Hoc amplius vt ne quaterra vacaret culturâ neve populus inopia reifrumentariae premeretur aut ea minueretur si pecora sola occuparent agros qui ab hominibus coli dobent 6. Constituit quot aratra quaelibet dioece sis haberet ac poenam statuit iis per quos ille numerus aratrorum foret diminutus 7. Item vetuit bovem aratorâ—m pro debito pecuniae assignari debitoribus si alia bonae debitoris essent Ita fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid carum rerum quas natura praebet hominibus vsquam deesse posset Rich. Vitus historiarum Britanniae li. 3. nu 1. And of these lawes we finde no obscure remanets in our lawes now in vse See Magna charta ca. 1 câ— 14. See Sanctuary See Peace Then was there a lawe called Merchenlage whereby the Mercians were gouerned being a kingdome in the heart of the land conteining those countries that be nowe called Northampton shire Leycester shire Rutland shire Lincolne shire Nottingham shire and Derby shire Camd. Britan. pag. 94. whose power was great in the Heptarchy of the Saxons vntill at the last they were conquered by the west Saxons and made subiect to them Polydor. in Angl. Hist lib. 5. But whereas the name of these lawes sauoureth of the Saxons time it is reported by others that Martia a very learned Queene and wife to Quintelinus a Britton king was the author of them long before the Saxons set foote in England Rich. Vitus histo Britan. li. 3. nu 14. who also saith that Alphred the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the lawe of the west Saxons called west Saxenlage and the lawe of the Danes when they set foote into the Realme called Denelage And of these lawes Edward made one lawe as some write whereby he ruled his kingdome But M. Camd. vbi supra speaking nothing of
day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe 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 lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme 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 reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur â—i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmeÌ„t which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secoÌ„d such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth
in the number of the kings souldiours Master of the kings musters anno 2. Ed. 6. cap. 2. See Master Muster master general anno 35. Eliz. ca. 4. See Master of the kings musters N NAam Namium seemeth to come from the Dutch word nemmen i. capio It signifieth in our common law the taking or apprehending of another mans moueable goods and is either lawfull or vnlawfull Lawfull naam is nothing els but a reasonable distresse proportionable to the valew of the thing distreined for And this naam was aunciently called either vif or mort quicke or dead accordingly as it was made of dead or quicke chatels Lawfull naam is so either by the common law or by a mans perticular fact by the common law as when one taketh another mans beasts dammage seisant in his grounds by a mans particular fact as by reason of some contract made that for default of payment of an annuity agreed vpon it shall be lawfull to distreine in such or such lands c. Horns mirrour of Iustices lib. 2. ca. de vec de naam where you may read of other circumstances required in lawfull naam viz of what thing or of what things first in what maner on what daies and at what houres it ought to be made with other points worth the reading for the vnderstanding of our law antiquities See Withernam Nasse anno 4. H. 7. ca. 21. seemeth to be the proper name of Orford Hauen Whether it be so termed of the boates or water vessels that lye there or not let the reader iudge But nasselle is in French a kinde of small boat Natiuo habendo is a writ that lyeth to the Shyreeue for a Lord whose vilein claimed as his inheritance is runne from him for the apprehending and restoring of him to his Lord againe Register orig fol. 87. Fitzh nat br fol. 77. See Libertate probanda Naturalization See Denizen Ne admittas is a writ that lyeth for the plaintife in a Quare impedit or him that hath an action of Darrein presentment depending in the common Bench and feareth that the Bishop will admit the clerke of the defendant during the suite betweene them And this writ must be sued within sixe monethes after the avoydance Because after the sixe moneths the Bishop may present by lapse Register orig fol. 31. Fitzh nat br fol. 37. where see the rest Negatiue pregnant Negatiua praegnans is a negatiue implying also an affirmatiue As is a man being impleaded to haued one a thing vpon such a day or in such a place denyeth that he did it modo forma declarata which implyeth neuer the lesse that in some sort he did it Or if a man be said to haue alienated land c. in fee he denying that he hath alienated in fee seemeth to confesse that he hath alienated in some other sort Dyer fol. 17. nu 95. See Brooke hoc titulo and Kitchin fol. 232. And see the new exposition of lawe terms And read also in some Ciuilians of Affirmatiua praegnans and that is quae habet in se inclusiuam negatiuam Et hoc importare videntur dictiones Solùm tantùm quae implicant negatiuam Pacianus De probationibus lib. 1. ca. 31. nu 16. fol. 93. Neif natiua commeth of the French Naif i. naturalis vel nativus it signifieth in our common law a bond woman anno 1 Ed. 6. ca. 3. the reason is because women become bond rather natiuitate than by any other means Ne in iuste vexes is a writ that lyeth for a Tenent which is distrained by his Lord for other seruices than he ought to make and is a prohibition to the Lord in it selfe commaunding him not to distreine The especial vse of it is where the tenent hath formerly preiudiced himselfe 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 avoide him in avowry and therefore he is driuen to this writ as his next remedie Register orig fol. 4. Fitzh nat br fol 10. Ne vicecomes colore mandat◠Regis quenquam amoueat à possessione ecclesiae minus iustè Register orig fol. 61. Nient comprise is an exception taken to a petition as vniust bicause the thing desired is not conteined or comprehended in that act or deede wherevpon the petition is grounded For example one desireth of the court to be put in possession of a house formerly among other lands c. adiudged vnto him The adverse party pleadeth that his petitiō is not to be granted because thogh he had a iudgement for certaine lands and houses yet the house into the possession wherof he desireth to be put is not conteined among those for the which he had iudgement See the newe booke of Entries titulo Nient comprise This seemeth to be especially to hinder execution Nifle anno 3. Ed. 4. cap. 5. Nihil anno 5. R. 2. stat pri cap. 3. is a word set vpon a debt illeuiable by the foreine Apposer in the Exchequer Nohil dicit is a fayling to put in answer to the plee of the plaintiffe by the day assigned which if a man do commit iudgement passeth against him as saying nothing why it should not Nisi prius is a writ iudiciall which lyeth in case where the Enquest is paneled and returned before the Iustices of the Banke the one partie or the other making petition to haue this writ for the case of the contrie It is directed to the Shyreeue commaunding that hee cause the men impaneled to come before the Iustices in the same countie for the determination of the cause there except it be so difficult that it need great deliberation In which case it is sent againe to the Bank v. anno 14. Ed. 3. cap. 15. The forme of the writ see in old nat br fol. 159. and in the Regist indic fol. 7. 28. 75. See the new booke of Entries verbo Nisi prius And it is called Nisi prius of these words comprised in the same whereby the Shyreeue is willed to bring to Westminst the men impaneled at a certaine day or before the Iustices 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 Countie associated vnto him Fitz. nat br fol. 240. E. which he taketh from the Statute of Yorke ann 12. Ed. 2. See Westm 2. cap. 30. anno 13. Ed. prim anno 27. eiusdem cap. 4. anno 2. Ed. 3. cap. 17. anno 4. eiusdem cap. 11. anno 14. eiusdem cap. 16. anno 7. Rich. 2. cap. 7. anno 18. Eliz. cap. 12. Nobility nobilitas in England compriseth all dignities aboue a Knight So that a Baron is the lowest degree thereof Smith de Repub. Anglor lib. prim
cap. 17. Bartolus in his Tractate De Nobilitate which he compiled vpon the lawe Si vt proponis C. de dignitatibus libro 12. rehearseth foure opinions de Nobilitate but reiecteth them and himselfe defineth it thus Nobilitas est qualitas illata per principatum tenentem qua quis vltra honestos plebeios acceptus ostenditur But this definition is too large for vs except we will accompt Knights and Banerets inter plebem which in mine opinion were too harsh For Equites among the Romanes were in a middle ranke inter Senatores plebem Nocumento See Nusance Nomination nominatio is vsed by the Canonists and common Lawyers for a power that a man by vertue of a maner or otherwise hath to appoint a Clerke to a patron of a benefice by him to be presented to the Ordinarie New termes of the lawe Non-abilitie is an exception taken against the plaintiffe or demandant vpon some cause why he cannot commence any suite in lawe as a Praemunire Outlawrie Villenage Excommunication or because he is a stranger borne The Ciuilians say that such a man hath not personam standi in iudicio See Broke hoc titulo see Fitzh nat br fol. 35. A. fol. 65. D. fol. 77. C. The new Expositour of lawe termes reckoneth sixe causes of Non-ability as if he be an outlawe a stranger borne condemned in a premunire professed in religion excommunicate or a villein Howbeit the second cause holdeth onely in actions reall or mixt and not in personall except he be a straunger and an enemie Non admittas See Ne admittas Non-age is all the time of a mans age vnder one and twenty yeares in some cases or fourteen in some as mariage See Broke titulo Age. See Age. Non capiendo clericum See Clerico non capiendo Non clayme Cromptons Iurisd fol. 144. seemeth to be an exception against a man that claimeth not within the time limited by lawe as within the yeare and day in case where a man ought to make continuall claime or within fiue yeares after a fine leuyed v. Coke lib. 4. in prooemio See Continuall clayme Non compos mentis is of foure sortes first he that is an idiot borne next he that by accident afterward wholy leeseth his wits thirdly a lunaticke that hath somtime his vnderstanding and sometime not lastly hee which by his own act depriueth himselfe of his right mind for a time as a drunkard Coke lib. 4. fol. 124. b. Non distringendo is a writ comprising vnder it diuers particulars according to diuers cases all which you may see in the Table of the Register original verbo Non distringendo Non est culpabilis is the generall answer to an action of trespasse whereby the defendant doth absolutely deny the fact imputed vnto him by the plaintiffe whereas in other especiall answers the defendaunt graunteth the fact to be done and alledgeth some reason in his defence why he lawfully might doe it And therefore whereas the Rhetoricians comprise all the substance of their discourses vnder three questions An sit quid sit quale sit this aunswere falleth vnder the first of the three all other answers are vnder one of the other two And as this is the generall aunswer in an action of trespasse that is an action criminall ciuily prosecuted so is it also in all actions criminally followed either at the suite of the king or other wherein the defendant denieth the crime obiected vnto him See the new booke of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an aunswer to a declaration whereby a man denyeth that to be his deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento fine breui is a writ to inhibit Bayliffes c. from distraining any man without the kings writ touching his free hould Register fol. 171. b. Non intromittendo quando breue praecipe in capite subdolè impetratur Is a writ directed to Iustices of the bench or in Eyre willing them not to giue one hearing that hath vnder the colour of intitling the king to land c. as houlding of him in capite deceitfully obteined the writ called praecipe in capite but to put him to his writ of right if he thinke good to vse it Register orig fo 4. b. Non mercandizando victualia is a writ directed to the Iustic̄es of Assise commaunding them to inquire whether the officers of such a towne doe sell victuals in grosse or by retaile during their office contrary to the statute and to punish them if they finde it true Register fol. 184. Non molestando is a writ that lyeth for him which is molested contrary to the kings protection graunted him Register fol. 24. Non omittas is a writ lying where the Shyreeue deliuereth a former writ to a Bayliffe of a fraunchis within the which the party on whom it is to be serued dwelleth the Bayliffe neglecteth to serue it for in this case the Shyreeue returning that he deliuered it to the Bayliffe this shal be directed to the Shyreeue charging him himselfe to execute the kings commaundement Old nat br fol. 44. of this the Reg. orig hath three sorts fol. 82. b. 151. and the Reg. Iudiciall one fol. 5. 56. Non ponendo in Assisis Iuratis is a writ founded vpon the stat Westm 2. ca. 38. and the stat Articuli super chartas ca. 9. which is graunted vpon diuers causes to men for the freeing them from Assises and Iuries See Fitzh nat br fol. 165. See the Register fol. 179. 100. 181. 183. Non procedendo ad Assisam Rege inconsulto is a writ to stop the triall of a cause appertaining vnto one that is in the kings seruice c. vntill the kings pleasure be farder knowne Reg. fol. 220. a. Non residentia pro clericis Regis is a writ directed to the Ordinary charging him not to molest a Clerk imployed in the kings seruice by reason of his non residence Register orig fol. 58. b. Non-suite is a renuntiation of the suite by the plaintife or demaundant when the mater is so farre proceeded in as the Iury is ready at the barre to deliuer their verdict anno 2. H. 4. ca. 7. See the new booke of Entries verbo Non-suite The ciuilians terme it Litis renunciationem Non soluendo pecuniam ad quam Clericus mulctatur pro non residentia is a writ prohibiting an Ordinary to take a pecuniary mulct imposed vpon a clerk of the kings for non-residence Regist orig fol. 59. Non tenure is an exception to a coumpt by saying that he houldeth not the land specified in the coumpt or at the least some parte of it anno 25. Ed. 3. stat 4. ca. 16. West parte 2. Simbol titulo Fines sect 138. maketh mention of non-tenure generall and non-tenure speciall See the new booke of Entries verbo Non-tenure where it is said that especiall non-tenure is an
vertue whereof a man hath some imploiment in the affaires of another as of the King or other common person but also an Inquisition made to the Kings vse of any thing by vertue of his office who inquireth And therefore wee oftentimes reade of an office found which is nothing but such a thing found by Inquisition made ex officio In this signification it is vsed anno 33. H. 8. cap. 20. and in Stawnfords praerog fol. 60. 61. where to trauers an office is to trauers the inquisition taken of office And in Kitchin fol. 177. to returne an office is to returne that which is found by vertue of the office see also the newe booke of Entries verbo Office pur le Roy. And this is by a metonymie of the effect And there be two sorts of offices in this signification issuing out the exchequer by commission viz. an office to intitle the King in the thing inquired of and an office of instruction which reade in Sir Edw. Cokes reports vol. 6. Pages case fol. 52. a. b. Office in fee is that which a man hath to himselfe and his heires anno 13. Ed. 1. ca. 25. Kitchin fol. 152. See Clerk Official officialis is a word very diversly vsed For by sundry Ciuilians of other countries that write in these daies it appeareth to be applyed in many places to such as haue the sway of temporall iustice Aegidius Bossius in pract crim tit De officialibus corruptis c. But by the auncienter ciuile lawe it signifieth him that is the minister or appparitor of a magistrate or Iudge l. 1. § si quis vltro Π. de quaestio Co. de filiis officialium c. li. 12. In the Canon lawe it is especially taken for him to whome any Bishop doth generally commit the charge of his spirituall iurisdiction And in this sence one in euery Dioces is officialis principalis whome the statutes and lawes of this Kingdome call chanceler anno 32. H. 8. cap. 15. The rest if there be more are by the canō law called officiales foranei glos in clem 2. de Rescriptis but with vs termed Cōmissaries Commissarii as in the statute of H. 8. or some times Commissarii foranei The difference of these 2. powers you may reade in Lyndwood titulo de sequestra posses ca. 1. verbo Officialis But this word officiall in our statutes and common lawe signifieth him whom the Archdeacon substituteth in the executing of his iurisdiction as appeareth by the statute aboue mentioned and many other places Officiariis non faciendis vel amovendis is a writ directed to the magistrates of a corporatiō willing them not to make such a man an officer and to put him out of the office he hath vntill enquirie be made of his maners according to an inquisition formerly ordeined Register originall fol. 126. b. Onerando pro rata portionis is a writ that lieth for a ioint tenent or tenent in common that is distreined for more rent then the proportion of his land cōmeth vnto Reg orig f. 182. a. Open Lawe Lex manifesta Lex apparens is making of Lawe which by Magna charta ca. 28. Bayliffes may not put men vnto vpon their owne bare assertions except they haue witnesses to proue their imputation Orchel anno 1. R. 3. ca. 8 Orchall anno 24. H. 8. ca. 2. anno 3. 4. Ed. 6. ca. 2. seemeth to be all one with cork Ordinance of the forest Ordinatio Forestae is a statute made touching forest causes in the 34. yeare of Edward 1. See Assise Ordinarie Ordinarius though in the ciuil lawe whence the word is taken it doth signifie any iudge that hath authoritie to take knowledge of causes in his owne right as he is a magistrate and not by deputation yet in our common lawe it is most commonly and for ought I remember alway taken for him that hath ordinarie Iurisdiction in causes ecclesiasticall See Brooke hoc titulo Lindwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo aliis superioribus qui soli sunt vniuersales in suis iurisdictionibus sed sunt sub eo alii ordinarii hii viz. quibus competit Iurisdictio ordinaria de iure privilegio vel consuetudine c. v. c. Ordinatione contra seruientes is a writ that lieth against a servant for leauing his master against the statute Register originall fol. 189. Ordael Ordalium is a Saxon word signifiing as much as Iudgement in some mens opinions compounded of two Saxon words or a priuatiue as α in greeke and dael i. pars It signifieth as much as expers but it is artificially vsed for a kind of purgation practized in auncient times whereby the party purged was iudged expers criminis called in the canon lawe purgatio vulgaris and vtterly 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 vsed in it Of this you may likewise read Holinshed in his description of Britanie fol. 98. and also M. Manwood parte pri of his forest lawes pag. 15. But of all the rest Hotoman especially disput de feud ca. 41. where of fiue kinde of proofes which he calleth feudales probationes he maketh this the fourth calling it explorationem huius furiosae probationis 6. genera fuisse animadvertit per flammam per aquam per ferrum candens per aquam vel gelidam vel feruentem per sortes per corpus Domini of all which he alledgeth seuerall examples out of historie very worthie the reading See M. Skene also de verbor significatione verbo Machamiū This seemeth to haue bene in vse here with vs in Henry the seconds dayes as appeareth by Glanvile lib. 14. cap. 1. 2. Reade also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seqq Orfgild aliâs Cheapegild is a restitution made by the Hundred or Countie of any wrong done by one that was in plegio Lamberd Archaion pag. 125. 126. Orgeis anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now adaies called Organ ling. Oredelfe is a liberty whereby a man claimeth the Ore found in his soyle New exposition of Termes Ortelli is a word vsed in the booke termed pupilla oculi in the chapter containing the charter of the Forest parte 5. cap. 22. and signifieth the clawes of a dogges foote being taken from the French orteils des pieds i. digiti pedum the toes Osmonds anno 32. Henr. 8. cap. 14. Oath of the King Iuramentum Regis is that which the King taketh at his Coronation which in Bracton is set downe in these words Debet Rex in coronatione sua in nomine Iesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse
Librata terrae Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our lawe a commission especially graunted to certaine men for the hearing and determining of one or more causes This was wont to be in vse vpon some sodaine outrage or insurrection in any place Cromptons Iurisd fol. 131. 132. See The Statute of Westm 2. cap. 29 anno 13. Ed. 1. who might graunt this commission And see Fitzh nat br fol. 100. for the forme and occasion of the writ as also to whom it is to bee graunted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordum is a petition made in court that the Iudges for beter proofes sake will be pleased to heare or looke vpon any Record P PAcking whites anno 1. R. 3. cap. 8. Pain fort dure poena fortis dura is in true French peine fort dure It signifieth in our common lawe an especiall punishment for those that being arraigned of felonie refuse to put themselues vpon the ordinarie triall of God and the cuntrey and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded vpon the Statute of Westm prim cap 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parlament maketh no mention of it and Britton writing after that time toucheth it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquite themselues let them be put to their penance vntill such time as they do desire triall and let the penance bee such viz. Let them be bare legged without girdle and without hatte or cappe in their coate onely and lye in prison vpon the naked earth day and night And let them eate no bread but of barley and branne nor drink any other then water and that vpon that day when they eate not And let them be chained Stawnford in his said 60. chapter of his second booke expoundeth it more plainely and particularly in this sort And note that this strong and hard paine shall be such sc He shall be sent backe to the prison whence he came and layed in some lowe darke house where he shall lye naked vpon the earth without any litter rushes or other clothing and without any raiment about him but onely something to couer his priuie members And he shall lye vpon his backe with his head couered and his feete And one arme shall bee drawne to one quarter of the house with a cord and the other arme to another quarter and in the same maner let it be done with his legges and let there be layed vpon his body iron and stone so much as he may beare or more and the next day following he shall haue three morsels of barley bread without drinke and the second day he shall haue drinke three times and as much at each time as he can drinke of the water next vnto the prison doore except it be running water without any bread And this shall be his diet vntill he dye Palatine See County Palatine See Cassan de consuetud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum commeth of the French panne i. pellis or paneau a peece or pane as wee call it in English It signifieth in our common lawe a shedule or rolle containing the names of such Iurours as the Shyreeue prouideth to passe vpon any triall Register orig fol. 223. a. Kitthin fol. 266. See Broke hoc titulo And thereupon the empaneling of a Iurie is nothing but the entring of them into the Shyreeues rolle or booke Pannage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Paramounte aliâs peremounte commeth 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 Tenent to a Lord that houldeth ouer 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. 209 consisteth only in comparison as one man may be great being compared with a lesser and litle being compared with a greater and as Genus among the Logicians may be in diuers respects both genus and 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 Parauaile Maner and Fee Parauaile aliâs Perauaile is compounded of two French words par i. per and aualler i. dimittere demittere It signifieth in our common law the lowest tenent or him that is tenent to one who houldeth his fee ouer of another So is it vsed pl. cor fol. 197. and Fitzh nat br fol. 135. M. See Paramounte See Mesn Parcell makers are two officers in the eschequer that make the parcels of the escheators accoumpts wherein they charge them with euery thing they haue leuyed for the kings vse within the time of their office deliuer the same to one of the auditors of the court to make an accompt for the escheatour thereof Parceners See Coparceners Parcinarie participatio commeth of the French partir i. diuiduum facere It signifieth in our common law a houlding or occupying of land by more pro indiviso or by ioynt tenents otherwise called Coparceners of the French parsonnier i. partiarius particeps For if they refuse to diuide their common inheritance and chuse rather to hold it ioyntly they are said to hold in parcinarie Litleton fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the auncient Romanes particulones sic enim authore Nonio a veteribus cohaeredes inter se dicebantur quòd partes invicem facerent Spigelius Pardon Perdouatio is a French word signifiing as much as pax venia gratia It is vsed most notoriously in our common lawe for the remitting or forgiuing of a felonious or other offence committed against the king This pardon is two-fold one ex gratia Regis the other per cours del ley by course of law Stawns 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 affoordeth vpon his absolute prerogatiue or power Pardon by course of lawe is that which the lawe in equitie affoordeth for a light offence as homicide casuall when one killeth a man hauing no such meaning West parte 2. symbol titulo Inditements sect 46. Of this see the new booke of Entries verbo Perdon Pardoners anno 22. H. 8. c. 12. were certaine fellowes that caried about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report in censed the people of Germany in his
Policie of assurance is a course taken by those which do aduenture wares or merchandize by sea whereby they loche to hazard their whole aduenture do giue vnto some other a certaine rate or proportion as tenne in the hundred or such like to secure the safe arriuall of the ship and so much wares at the place agreed vpon So that if the ship and wares do miscarie the assrer maketh good to the venturer so much as he promiseth to secure as 20. 30. 100. more or lesse and if the ship do safely ariue he gaineth that clearely which the venturer compoundeth to pay him And for the more euen dealing betweene the venturer and the securer in this case there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement that they afterward differ not betweene themselues vpon the bargaine This is in course Latine elsewhere called assecuratio This terme you haue anno 43. Fliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is remoued to the common Banke old nat br fol. 2. See in what diuersitie of cases it is vsed in the table of the Originall Register Pone per vadium is a writ commaunding the Shyreene to take suretie of one for his appearance at a day assigned of this see fiue sorts in the table of the Regists Iudic. verbo Pone per vadium Ponondis in Assisis is a writ founded vpon the statute of Westm 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew what persons Vicounts ought to impanell vpon Assises and Iuries and what not as also what number he should empanell vpon Iuries and Inquests which see in the Register orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendo in ballum is a writ whereby to will a prisoner held in prison to be committed to baile in cases baylable Register orig fol. 133. b. Ponendo sigillum ad exceptionem is a writ whereby the king willeth Iustices according to the statute of Westm 2. to put their seales to exceptions laid in against the plaintiffes declaration by the defendant Pontage pontagium is a contribution toward the maintenance or reedifying of bridges Westm 2. cap. 25. anno 13. Ed. pri It may be also tolle taken to this purpose of those that passe ouer 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 Shyreeue c. willing him to charge one or more to repaire a bridge to whom it belongeth Regist orig fol. 153. b. Portgreue portgreuius is compounded of two words port greue or graue i. praefectus It signifieth with vs the chiefe magistrate in certaine coast townes and as M. Camden saith in his Britan. pag. 325. the chiefe magistrate of London was termed by this name in steed of whom Richard the first ordained two Bayliffes but presently after him King Iohn granted them a Maior for their yearely Magistrate Porter of the doore of the Parlament house is a necessary officer belonging to that high court enioyeth the priuiledges accordingly Cromptons Iurisd fol. 11. Porter in the circuit of Iustices is an officer that carieth a verge or white rodde before the Iustices in Eyre so called a portando virgam anno 13. Ed. 1 cap. 24. Porter bearing verge virgator before the Iustices of either benth anno 13. Ed. 1. cap. 41. See Vergers Portemote is a word compounded of port i. portus and the Saxon Gemettan i. conuenire or of the French mot i. dictio verbum It signifieth a Court kept in hauen townes as Swainmote in the Forest Manwood parte prim of his Forest lawes pa. 111. It is sometime called the Portmoote Court anno 43. Eliz. cap. 15. Portsale anno 35. H. 8. cap. 7. id est sale of fish presently vpon returne in the hauen Possession possessio is vsed two waies in our common lawe First for lands and inheritance as he is a man of large possessions In which signification it is also vsed among the Ciuilians sc for the thing possessed l. possessionum Cod. commun vtriusque Iudic. Next for the actuall enioying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in lawe pl. cor fol. 198. The example there is this Before or vntill an office to be found the king hath onely 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 vnitie of possessiō which the Ciuilians call Consolidationem Take an example out of Kitchin fol. 134. if the Lord purchase the tenancie held by Heriot seruice then the Heriot is extinct by vnity of possession that is because the seigneurie and the tenancie be now in one mans possession Many diuisions of possession you may reade in Bracton lib. 2. cap. 17. per totum Post See Per. Post diem is a returne of a writ after the day assigned for the returne for the which the Custos breuium hath foure 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 halfe so much as was payed to the king for the fine and is gathered by the Shyreeue of the Countie where the land c. lyeth whereof the fine was leuyed to be aunswered by him into the Exchequer Post terme is a returne of a writ not onely after the day assigned for the returne thereof but after the terme also which may not be receiued by the Custos brevium but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh for the returne thereof which is twenty pence Postea is a word vsed for a mater tried by Nisi prius and returned into the court of common pleas for Iudgement and there afterward 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 breuium Post disseisin post disseisina is a writ giuen by the statute of West 2. cap. 26. and lyeth for him that hauing recouered lands or tenements by praecipe quod reddat vpon default or reddition is againe disseised by the former diffeisour Fitz. nat br fol. 190. see the writ that lyeth for this in the Register originall fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlatiue whereof is prioritie For a man holding lands or tenements of two lords holdeth of
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
sale conduct them back againe And therfore in those forests that haue no pouralleeses there be no Rawngers but Foristers serue the turne This Raunger is made and appointed by the King his leters patents vnder the great seale and for his beter incouragement in his dutie he hath a yearely fee of 20. pound or 30. pound paid out of the Exchequer and certaine fee Deere both redde and falow His office consisteth cheifely in these three points ad perambulandum quotidie per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quà m de malefactoribus in Balliua sua ad refugandum feras Forestae tam veneris quà m chaseae de terris deafforestatis in terras afforestatas and ad praesentandū omnes transgressiones Forestae in terris deafforestatis factas ad proximas curias illius Forestae tentas Rawnsom See Ransom Ray seemeth to be a word attributed to cloth neuer coloured or died v. anno 11. H. 4. cap. 6. Realtie See Royaltie Reasonable ayde Rationabile auxilium is a duty that the Lord of the fee claimeth holding by Knights seruice or in soccage to marie his daughter or to make his sonne Knight Westm 1. cap. 39. See Ayde See Brooke titulo Reasonable aide Reattachement Reattachiamentum is a second attachement of him that was formerly attached and dismissed the court without day as by the not cōming of the Iustices or some such like casualtie Brooke tit Reattachment where he maketh a Reattachment generall and a Reattachment speciall Reattachment general seemeth to be where a man is reattached for his appearance vpon all writs of Assise lying against him Brooke eodem nu 14. Then speciall must be for one or more certaine Register Iudiciall fol. 35. See the newe booke of Entrise verbo Reattachment Rebellion Rebellio is a French word signifiing the taking vp of armes against the King or present estate This French commeth from the Latine Rebellio which signifieth a second resistance of such as being formerly ouercome in battaile by the Romanes yeelded themselues to their subiection The French men and we vse it generally for the traiterous taking vp of armes against the estate be it by naturall subiects or by others formerly subdued Reade more of this lib. 3. feudorum cap. 61. and Hotoman vpon the same chapter See the writ of Rebellion Rebell is sometime attributed to him that wilfully breaketh a lawe anno 25. Ed. 3. cap. 6. anno 31. eiusdem stat 3. c. 2. sometime to a villein disobeying his Lord a. 1. R. 2. c. 6. Rebellious Assembly is a gathering together of 12. persons or more intending or going about practising or putting in vre vnlawfully of their owne authoritie to chaunge any lawes or statutes of this Realme or to destroy the inclosure of any park or ground inclosed or bankes of any fisheponds pale or conduict to the intent the same shall remaine voide or to the intent vnlawfully to haue common or way in any of the said grounds or to destroy the Deere in any Park or any warrē of conies or deuehouses or fish in any pondes or any house barnes mils or bayes or to burne stacks of corne or to abate rents or prices of victuals an pri Mar. c. 12. an 1. Eliza. cap. 17. See West parte 2. symbol titulo Inditem 〈…〉 s. Sectio 65. And Cromptons Iustice of peace f. 41. b. Rebutter commeth of the French Bouter i. pellere impellere propellere intrudere and signifieth in our common lawe the same thing For example a man giueth land to him and the issue of his body to antoher in fee with warranty And the Donnee leaseth out this land to a third for yeares The heire of the Donour impleadeth the tenent alleadging that the land was intailed to him The Donee commeth in and by vertue of the warrantie made by the Donour repelleth the heire because though the land were intailed to him ye◠he is heire to the warranty likewise and this is called a Rebutter See Brooke titulo Barre nu 13. And againe if I graunt to my tenent to hould sine impetitione vasti and afterward I implede him for waste made he may debarre me of this action by shewing my graunt and this is likewise a Rebutter Idem eodem nu 25. See the newe booke of Entries verbo Rebutter Renant anno 32. H. 8. ca. 2. Recaption Recaptio signifieth a second distresse of one formerly distreined for the selfe same cause and also during the plee grounded vpon the former distresse It likewise signifieth a writ lying for the party thus destreined the forme and farder vse whereof you may see in Fitzh nat br fol. 71. and the Register orig fol. 86. and the Register Iudiciall fol. 69. and the new booke of Entries verbo Recaption Receyver Receptor or Receptator generally and indefinitely vsed is as with the Ciuilians so also with vs vsed commonly in the euill part for such as receiue stollen goods from theeues and conceale them l. 1. Π. de receptatoribus but annexed to other words as the receiuer of rents c. it signifieth many times an officer of great accoumpte belonging to the king or other great personage Cromptons Iurisdict fol. 18. There is also an officer called the Reiceiuer of Fynes who receiueth the mony of all such as compound with the King in the office of the finances for the buying of any lands or tenements houlden in Capite West parte 2. symbol titulo Fines sect 106. Receiuer of all offices accounptable anno 1. Ed. 4. ca. 1. Receiuer generall of the Duchy of Lancaster is an officer belonging to the Duchy court that gathereth in all the reuenewes and fines of the lands of the said Duchy and of all forfeitures and assesments or what else is thence to be receiued Receiuer generall of the court of Wards and liueries is an officer belonging to that court that is to receiue all rents revenewes and fines of the lands belonging to his maiesties wards as also the fines for licences to the Kings widowes to mary of ouster le main sued out and for idiots and lunatikes land and finally all other profits whatsoeuer in mony arising to his maiestie out of or by reason of the court of wards and lyveries Receiuer generall of the Muster rolles anno 35. El. ca. 4. Receiuer generall of the Duchie 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 stirre out of his house or cloyster Litleton fol. 92. Recognisance Recognitio commeth of the French Recognoisance i. agnitio recognitio and in our common lawe is thus defined A Recognisance is a bond of record testifing the recognizour to owe vnto the recognizee a certaine summe of money and is knowledged in some court of record or before some Iudge or other officer of such court hauing authoritie to take the same as the Masters of the Chancerie the Iudges of
either Bench Barons of the Exchequer Iustices of peace c. And those that be meere recognisances are not sealed but inrolled And execution by force thereof is of all the recognisours goods and chatels except his draught beasts and implements of husbandrie and of the moitie of his lands West parte prim symb lib. 2. titulo Recognisances sect 149. And of these you may see there great diuersitie of presidents Note farder that a Recognizance though in the speciall signification it do but acknowledge a certaine debt and is executed vpon all the goods and halfe the lands of the recognisour yet by extention it is drawne also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register original fol. 146. 151. 252. and by West vbi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these wordes in the statute West 1. c. 36. anno 3. Ed. 1. It is prouided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with roberie of any maner of goods or moueables by recognisance of Assise of nouel disseisin the iudgement shall c. In which place it is vsed for the verdict of the twelue men empaneled vpon an Assise which twelue are also called recognitours of the Assise Litleton fol. 72. So also Bracton calleth them lib. 5. tractat 2. cap. 9. num 2. in these words In essonio verò reddendo exigentur omnes illi quos causa tetigerit sicut particeps Warantus alii vt supra Recognitores in Assisis Iuratores in Iuratis Inquisitores in Inquisitionibus c. And againe lib. 3. tract prim cap. 11. num 16. See the Statute anno 20. Ed. prim stat 4. See the newe 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 appeare it may be disanulled Register original fol. 183. a. b. Recognitours recognitores is a word vsed for the Iurie empaneled vpon 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 tongs signifieth an authenticall or vncontroulable testimonie in writing Britton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the Grand Custumarie of Normandie there are seuerall Chapters of diuers 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 haue wordes 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 haue one other witnesse This record may he and other make if he himselfe will not make it it may be made by three others And his person may not bee impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffise to make a record in the Exchequer The next how many in an assise c. I find not that wee in our Courts especially the Kings Courts stand much vpon the number of recorders or witnesses for the strength of the testimonie 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. Britton in the Proeme of his booke saith that the Iustices of the Kings Bench haue a record the Coroner Vicount Iustices of the Exchequer Iustices of Goale deliuerie the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings leters patents in those causes they haue commission to take knowledge of All which as I take it must be vnderstood with that caueat of Brooke titulo Record num 20 22. that an act committed to writing in any of the Kings Courts during the terme wherein it is written is alterable and no record but that terme once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proofe to the contrarie Yet see Sir Edward Cookes Reports lib. 4. Rawlins case fol. 52. b. ann 12. Ed. 2. cap. 4. It is said that two Iustices of either Bench haue power to record Non suites Defaults in the countrey It appeareth by Bracton lib. 5. tract 2. c. 1. 11. that quatuor milites babent recordum being sent to view a partie essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Seruiens Hundredi habet recordum in testimonio proborum honinum And in the Statute of Carleil made anno 15. Ed. 2. it is said that one Iustice of either Bench with an Abbot or a Prior or a Knight or a man of good same and credence hath a record in the view of one that is said by reason of sicknesse to be vnable to appeare personally for the passing of a fine And anno 13. H. 4. cap. 7. anno 2. H. 5. cap. 3. that two Iustices of peace with the Shyreeue or Vndershyreeue haue power to record what they find done by any in a ryot or route c. That which is before mentioned out of Britton touching the Shyreeue seemeth to be limited by Fitzh nat br fol 81. D. Who alloweth him a Record in such maters onely as he is commaunded to execute by the Kings writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheatour and Shyreeue be not Iustices of record but officers of record In which words he signifieth that their testimony is authenticall onely in some certaine things that are expresly inioyned them by vertue of their Commission as ministers to the King in his higher Courts whereas Iustices of record haue in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commaunded Fitzherbert in his Nat br fo 82. in principio something explaneth this point writing to this effect Euery act that the Shyreeue doth by vertue of his commission ought to be taken as mater of record no lesse then the Iustices of peace His reasons be two the former he cause his patent is of record the other because he is a conseruatour 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. ca. 3. anno 13. Ed. 1. But it seemeth by Britton cap. 27. that it is onely in these causes whereof the Shyreeue houldeth plee by especiall
writ and not those that he houldeth of course or custome And in that case also it may be gathered out of the same authour that he hath a record but with the testimony of those annexed that be suiters to the Court. Which seemeth to agree with Bractons words aboue specified Seruiens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanuile lib. 8. cap. 8. 9. 10. One Iustice vpon view of forcible detinew of land may record the same by statute anno 15. R. 2. cap. 2. the Maior and Constables of the Staple haue power to record recognisances of debt taken before them anno 10. H. 6. ca. 1. Brooke titulo Record seemeth to say that no court ecclesiasticall is of record how truly it is to be inquired For Bishops certifiing bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a diuorce a spirituall intrusion or whether a man be professed in any religion with other such like are credited without farder enquiry or controlment See Brooke titulo Bastardy See Fleta lib 6. ca. 39. 40. 41. 42. Lamb. cirenarcha lib pri cap. 13. Glanuile li. 7. ca. 14. 15. the Register originall fol. 5. b. Bracton lib. 5. tracta 5. ca. 20. nu 5. Britton ca. 92. 94. 106. 107. 109. Doct. and Stud. li. 2. ca. 5. but especially Cosius apologie parte pri ca. 2. And a testament shewed vnder the seale of the Ordinary is not trauersable 36. H. 6. 31. Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference betweene that law whereby the court Christian is most ordered and the common law of this land For by the ciuile or canon law no instrument or record is held so firme but that it may be checked by witnesses able to depose it to be vntrue Co. plu◠valere quod agitur quà m quod simulate concipitur ca. cùm Iohannes 10. extra de fide instrumentorum Whereas in our common law against a record of the Kings Court after the terme wherein it is made no witnes can preuaile Britton ca. 109. Coke lib. 4. Hindes case fol. 71. lib. assisarum fol. 227. nota 21. This reconciliation may be iustified by Brooke himselfe titulo Testaments num 4. 8. 14. and by Glanuile lib. 8. cap. 8. The King may make a court of record by his graunt Glanuil li. 8. ca. 8. Britton cap. 121. as for example Queene Elizabeth of worthy memory by her Charter dated 26. Aprilis anno 3. regni sui made the Consistory Court of the Vniuersity of Cambridge a Court of record There are reckoned among our common lawyers three sorts of records viz A record iudiciall as attainder c. A record ministeriall vpon oath as an office found A record made by conueyance by consent as a fine deede enrolled or such like Coke li. 4. Andrew Ognels case fo 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeue to remoue a cause depending in an inferiour court to the Kings bench or common plees as out of a court of auncient Demesn Hundred or Countie Fitz. nat br fol. 71. B. out of the countie Court idem fo 46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learne more exactly where and in what cases this writ lyeth reade Brooke in his Abridgm titulo Recordare pone It seemeth to be called a recordare because the forme is such that it commaundeth the Shyreeue to whom it is directed to make a record of the proceeding by himselfe and others and then to send vp the cause See the Register verbo Recordare in the Table of the originall Writs See Certiorart See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis Curia â iudicio faciendo non debet amoueri Grand Custumarie of Norm cap. 107. 121. Whereby it appeareth that those which were necessarie Iudges in the Duke of Normandies Courts were called Recorders and who they were is shewed in the ninth chapter of the said booke And that they or the greater part of them had power to make a record it is euident in the chapter 107. Here in England a Recorder is he whome the Maior or other Magistrate of any citie or towne corporate hauing Iurisdiction or a Court of record within their precincts by the Kings graunt doth associate vnto him for his beter direction in maters of Iustice and proceedings according vnto lawe And he is for the most part a man well seene in the common lawe Recordo processis mittendis is a writ to call a Record together with the whole proceeding in the cause out of one court into the Kings Court Which see in the Table of the Register orig how diuersly it is vsed Recordo vtlagariae mittendo is a writ Iudiciall which see in the Register iudicial fol. 32. Recouerie Recuperatio cōmeth of the French Recouvrer i. Recuperare It signifieth in our commō lawe an obteining of any thing by Iudgement or triall of lawe as evictio doth among the Ciuilians But you must vnderstand that there is a true recouerie and a feigned A true Recouerie is an actuall or reall recouerie of any thing or the value thereof by Iudgement as if a man siewed for any land or other thing moueable or immoueable and haue a verdict and Iudgement for him A feigned recouerie is as the Ciuilians call it quaedam fictio iuris a certaine forme or course set downe by lawe to be obserued for the beter assuring of lands or tenements vnto vs. And for the beter vnderstanding of this reade West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a Recouerie is to discontinue and destroy estates Tayles Remainders and Reuersions and to barre the former owners thereof And in this formality there be required 3. parties viz. the Demaundant the Tenent and the Vowchee The Demaundant is he that bringeth the writ of Entrie and may be termed the Recouerer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vowchee is he whom the tenēt vowcheth or calleth to wartantie for the land in demaund West vbi supra In whom you may reade more touching this mater But for example to explane this point a man that is desirous to cut of an estate tayle in lands or tenements to the end to sell giue or bequeath it as him self seeth good vseth his frend to bring a writ vpon him for this land He appearing to the writ saith for him selfe that the land in question came to him or his auncesters from such a man or his auncester who in the conueiance thereof bound him selfe and his heires to make good the title vnto him or them to whome it was conueied And so he is allowed by the court to call in this third man to
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement 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 of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium 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 siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund 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 sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this 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 Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
of common-plees where the common lawe of England is most strictly obserued These are made by the Kings mandat or writ directed vnto them commaunding them vpon a great penaltie to take vpon them that degree by a day certaine 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 pleade for him in all his causes as namely in causes of treason pl. cor lib. 3. cap. prim And of these there may be more if it so please the King This is called in other Kingdomes Aduocatus Regius Cassan de consuet Burgund pag. 850. With what solemnitie these Sergeants be created reade Fortescue cap. 50. This word Sergeant seemeth to be vsed in Brition for an Officer belonging to the Countie who in his first chapter speaking of Appeales made before the Corones hath these words in effect And then let the Coroner cause his appeale to be entred and the names of his sureties And afterward let commaundement be giuen to the Sergeant of the countrie where the felonie was committed that he haue the bodie of the persons appealed at the next Countie And it is probable that this officer was all one with him whom Bracton in his fifth booke cap. 4. num 2. calleth Seruientem Hundredi of whome he hath these words Post probationem defaltae faciet seruiens Hundreds incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in auncient time was called the Bayliffe of the Hundred who as is declared in Baylife had the like authoritie in his Hundred that the shyreeue had in the Countie though inferiour to him and to be controlled by him as appeareth by diuers auncient presidents set downe by Kitchin in his tractat of Returns in Court Hundred Court Baron c. I read also in Bracton lib. 3. tractat 2. ca. 28. Of the Kings Sergeant who is like to be also an officer in the County in these words speaking of a woman ranished and what shee ought to doe for the persuite of the Rauisher sic ire debet ad praepositum Hundredi ad seruientem Domini Regis ad coronatores ad vice-comitē ad primū comitatū faciat appellū suum And againe eod li c 32. in these words si sine secta cognouerit se inde esse latronem coram vicecomite vel coronatore vel seruiente Domini Regis c. And againe lib. 5. tractat 3. cap. 4. nu 8. in these words Quid si seruiens Domini Rogis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this terme was generall to the Shyreeue Coroner and Bayliffes of Counties who in his sixth booke cap 3. § 1. hath these worde Cum quis igitur senserit dominum suum vel curiam suam sibi de recto defecisse tunc ostenso hoc vicecomiti statim praecipiat balliuo Hundredi vel itineranti vel alteri seruienti Regis quòd assumptis sibi liberis legalibus hominibus de vicineto illo ad curiam illius domini si quem habuerit accedat c. And to helpe this probability I finde that the steward of a maner is termed seruiens manerii Coke Vol 4. Copyhould cases fo 21. a. Then is there a Sergeant at armes seruiens ad arma whose office is to attend the person of the King anno 7. H. 7. ca. 3. to arrest traitours or men of worth or reckoning that doe or are like to contemne messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in Iudgement vpon any Traytour and such like pl cor lib. 3. cap. pri Of these by the statute anno 13. R. 2. cap. 6. there may not be aboue thirtie in the Realme This sort is called del espee In the custumary of Nor. ca. 5. which read There be also some two of these Sergeants of the Parlament one for the vpper another for the lower house whose office seemeth to serue for the keeping of the doores and the execution of such commaundements especially touching the apprehension of any offender as either house shall thinke good to inioyne them See Cromptons Iurisdictions fol. nono See also Vowels aliâs Hookers booke of the order of the Parl. There is one of these that belongeth to the Chauncery who is also called a Sergeant of the Mace as the rest may be because they cary Maces by there office He of the Chauncery attendeth the Lord Chaunceler or Keeper in that court for the meanes to call all men into that court is either by this officer or by sub poena West pa. 2. sym tit Chauncery Sect. 17. Then be there sergeants that be the chiefe officers in their seuerall functions within the kings houshould which be chiefe in their places of which sort you may read many named in the statute anno 33. H. 8. ca. 12. There is also a more base kinde of sergeant of the Mace whereof there is a troupe in the City of London and other townes corporate that serue the Maior or other head officer both for mesniall attendance and mater of Iustice Kitchin fol. 143. And these are called Seruientes ad clauā New book of Entries ver scire facias in Mainperners f. 538. c. 3. Sergeantie Seriantia commeth of the French Sergeant i. satelles fignifieth in our cōmō law a seruice due to the King frō his tenēt holding by such seruice For this seruice cannot be due to any L. from his Tenēt but to the King onely And this is either grand or petit as you shall find at large set downe in Chivalrie Of this also you may read Bra l. 2. c. 16. c. 37. n. 5. 4. Brit. c. 66. n. 1. 2. See Seruice M. Skene de ver signifi calleth this Sergeanterie defining and diuiding it as we doe in England Servientibus are certaine writs touching seruants and their Masters violating the statutes made against their abuses which see in the Regist orig fol. 189. 190. 191. Service seruitium though it haue a generall signification of dutie toward them vnto whome we owe the performance of any corporall labour or function yet more especially in our common lawe it is vsed for that seruice which the tenent by reason of his see oweth vnto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Seruitium est munus obsequii clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. § 8. It is sometime called seruage as anno i. R. 2. cap. 6. This seruice is either militarie and noble commonly called Knights seruice or clownishe base commonly called socage of both which reade Chiualry as also socage and Bracton lib. 2. cap. 16.
Seruice is divided by Britton into personall and reall cap. 66. where he maketh wards mariags homage Releifs and such like to be reall seruices personall I imagine may those be called that are to be performed by the person of the Tenent as to follow his Lord into warre c. The Ciuilians diuide munera in this sort either in personalia or patrimonalia Then Bracton vbi supra num 7. distributeth seruitium in intrinsecum extrin secum aliás forinsecum medium Seruitium intrinsecū is that which is due to the capitall Lord of the maner Forinsecum is that which is due to the King and not to the capitall Lord but when he goeth in his owne person to serue or when he hath satisfied the king for all seruices whatsoeuer And againe in the same place he saith it is called Fornisecum quia fit capitur foris sive extra seruitium quod fit Domino capitali see Forein seruice Of this reade him vbi supra more at large and Fleta lib. 2. ca. 14. § Continetur Seruitia quae nec intrinseca nec forinseca sunt Bract. handleth in the same chap. n. 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intrinsecae nec forinsecae sed sunt quaedam seruitia concomitantia sicut seruitia regalia militaria etiam homagia ideo in chartis non sunt exprimenda Quia si homagium praecesserit regale seruitium sequitur exinde quòd ad capitalem Dominum pertinebit Releuium custodia maritagium siue seruitium sit militare vel seriantia propter exercitum c. Here then Reliefe Ward and Mariage be those seruices which he calleth nec intrinseca nec forinseca sed concomitantia Seruice is also divided into frank seruice and base or villenous seruice the one Bracton calleth liberum seruitium the other seruitium villanum or villenagium lib. 2. cap. 8. nu pri This villenagium is Socage in base tenure as to dung the Lords ground to serue him so many daies in haruest to plash his hedges c. or els copy hould All other seruices seeme to be frank Seruice consisteth some in seisance some in render Perkins Reseruations 696. Seruice seemeth also to be diuided into continuall otherwise annuall and casuall or accidentall An example of the former is the seisin of rent and of the other seisin of reliefe Sir Ed. Cookes reports lib. 4. Bevils case fol. 9. a. See Copy hould See Socage see Ayde Seruice secular anno 1. Ed. 4 ca. 1. which may be contrary to spirituall viz. the seruice diuine commaunded to spirituall men by their founders Servitours of bils seeme to be such seruāts or messengers of the marishall belonging to the kings bench as were sent abroad with bils or writs to summon men to that court being now more ordinarily called Tip. stafs Servitiis acquietandis is a writ Iudiciall that lieth for one distreined for seruices by Iohn which oweth and performeth to Robert for the acquitall of such seruices Register Iudicial fol. 27. a. 36. b. Sessions Sessiones signifieth in our common lawe a sitting of Iustices in court vpon their commission as the sessions of oyer and terminer pl. cor fol. 67. Quarter sessions otherwise called generall sessions anno 5. Elizab. cap. 4. or open sessions ibidem Opposite wherevnto are especiall otherwise called priuie sessions which are procured vpon some speciall occasion for the more speedie expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in generall sessions see Cromptons Iustice of peace fol. 109. Petit sessions or statute sessions are kept by the high Constable of euery Hundred for the placing of seruants anno 5. Eli. cap. quart in fine Sessour anno 25. Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of wages at this day Set clothes anno 27. Henric. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and diuers kinds whereof you haue in Gerards herball lib. 2. cap. 424. The roote of this is mentioned among drugs to be garbled anno 1. Ia. cap. 19. Seuerance is the singling of two or more that ioyne in one writ or are ioyned in one writ For example if two ioyne in a writ de libertate probanda and the one afterward be non-suite here seuerance is permitted so that notwithstanding the non-suite of the one the other may seuerally proceede Fitzh nat br fol. 78. I. K. Of this see Brooke titulo severance summons fol. 238. For it is harder to knowe in what cases seuerāce is permitted then what it is There is also seuerāce of the tenents in an Assise when as one or two or more disseisours appeareth vpon the writ and not the other New booke of Entries fo 81. col 4. seuerance in attaints eod fol. 95. col 2. And seuerance in debt verbo debt fol. 220. col 1. see the saide booke verbo Seuerance Severall taile tallium separatum is that whereby land is giuen and entayled seuerally to two For example land is giuen to two men and their wiues and to the heires of their bodies begotten the Donees haue ioynt estate for their two liues and yet they haue seuerall inheritance because the issue of the one shall haue his moyety and the issue of the other the other moyetie Kitchin ibidem Severall tenancie tenura separalis is a plee or exception taken to a writ that is laide against two as ioynt which are seuerall Brooke titulo Severall tenancie fol. 237. Sewantly wouen an 35. El. c. 10. Sewar hath two significations with vs one applied to him that issueth or commeth in before the meate of the King or other great personage and placeth it vpon the table the other to such passages or gutters as carie water into the sea or riuer in lawyers Latine called Sewera an 6. H. 6. c. 5. which is also vsed in common speach for commissioners authorised vnder the broad seale to see draines and ditches well kept and maintained in the marish and fenne countries for the better conueyance of the water into the sea and the preseruing of the grasse for feede of catell stat anno 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 giue issue or passage to the water c. And the latine word suera sometime vsed in these commissions for these draines is a competent reason of this coniecture see Eitzh nat br in oyer and terminer Yet I finde in an old French booke conteining the officers of the King of Englands court as it was aunciently gouerned that he whom in court we now call Sewer was called Asseour which may seeme to come from the French Asseour wherein his office in setting downe the meat vpon the table is well expressed And Sewer as it signifieth an officer is by Fleta latined Assessor li. 2. ca. 15. All which argueth that the descent of
so in Brooke his Abridgement titulo Taile d'Exchequer fol. 247. See Tayles Tailes talliae are in these daies called Talleyes well knowne what they be Of these reade in our statutes two sorts to haue bene vsuall in the Exchequer for a long continuance The one is tearmed tayles of debt anno 1. R. 2. cap. 5. which are a kind of acquittance for dept paide in to the king For example the Vniversitie of Cambridge payeth yearely ten pounds for such things as are by their Charter graunted them in fee ferme fiue pounds at the Annunciation and fiue at Michaelmas He that payeth the first fiue pounds receiueth for his discharge a taile or taley and he that payeth the other fiue receiueth the like With both which or notes of them he repayreth to the Clerke of the Pipes office and there in steede of them receiueth an acquittance in parchment for his whole discharge Then be there also mentioned tayles of reward anno 27. H. 8. cap. 11. anno 33. 34. eiusdem ca. 16. and anno 2. 3. Ed. 6. ca. 4. And these seeme to be tailes or talyes of allowances or recompence made to Shyreeues for such maters as to their charge they haue performed in their office or for such monies as they by course haue cast vpon them in their accompts but could not leauie thē where they were due And these as it seemeth by the said statute anno 27. H. 8. cap. 11. were of old graunted in the Exchequer vnto them vpon warrant made to the Treasurer and Chamberlaines there by the Clerkes of the signet vpon bill assigned by the King But sithence the statute anno 2. 3. Ed. 6. cap. 4. what the course in this case is I am not so well informed Only I heare that for some counties these tayles be still in vse and that the warrant commeth now from the Auditour of the receipts vnto those that make these taleys And that the Shyreeue with them proceedeth to those who take his finall accompt and there hath his allowance accordingly Taylage tallagium aliâs Tallage commeth of the French taille which originally signifieth a peece cut out of the whole and metaphorically is vsed for a share of a mans substance payed by way of tribute It signifieth with vs a tolle or taxe as anno pri Ed. 2. cap. vnico And Stowes Annals pag. 445. Thence commeth Tailagiers in Chawcer for taxe or tolle gatherers Taint Attinctus commeth of the French teinct i. infectus tinctus and signifieth either substantiuely a conviction or adiectiuely a person convicted of felonie or treason c. See Attaint Tales is a latine word of knowne signification It is vsed in our common lawe for a supply of men empaneled vpon a iury or enquest and not appearing or at their apparence chalenged by the partie or either partie if there be two as not indifferent for in this case the Iudge vpon petition graunteth a supply to be made by the Shyreeue of some men there present equall in reputation to those that were impaneled And herevpon the very act of supplying is called a Tales de Circumstantibus This supply may be one or more and of as many as shall either make defaulte or els be chalenged by each party Stawf pl. cor lib. 3. ca. 5. How be it he that hath had one Tales either vpon default or challenge though he may haue another yet he may not haue the later to conteine so many as the former for the first Tales must be vnder the principall panell except in a cause of Appeale and so euery Tales lesse then other vntill the number be made vp of men present in courte and such as are without exception to the partie or parties Of this see Stawnford more at large vbi supra where you may finde some exceptions to this generall rule These commonly called Tales may in some sort and in deede are called Meliores viz. when the whole Iurie is chalenged as appeareth by Brooke titulo Octo tales auter tales fol. 105. In whome you may likewise reade many cases touching this mater Tales is the proper name of a booke in the Kings bench office Coke lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood v. anno 34. 35. Henric. octau capit 3. anno 7. Ed. 6. ca. 7. 43. El. cap. 14. Talshide ibidem It is a long kinde of shide riuen out of the tree which shortened is made into billets Tartaron anno 12. Ed. 4. cap. 3. anno 4. H. 8. cap. 6. Tasels anno 4. Ed. 4. cap. 1. is a kinde of hard burre vsed by clothiers and cloth workers in the dressing of cloth Task aliâs Tare by M. Camden following the authoritie of Doctor Powell whome he greatly commendeth for his diligence in the search of antiquities is a Britishe word signifiing tribute Camden Britan. pag. 304. And it seemeth it is such a kinde of tribute as being certainly rated vpon euery towne was wont to be yearely paide See Gild and the places there cited out of M. Camden Now is it not paide but by consent giuen in Parlament as the Subsidie is And it differeth from Subsidie in this that it is alway certaine accordingly as it is set downe in the Chequer booke and levied in generall of euery towne and not particularly of euerie man Lastly it is a fifteenth of that substance that euery town was first rated at by the number of hides of land in the same Wherevpon it is also called a fifteenth v. anno 14. Ed. 3. stat 1. cap. 20. for whereas M. Crompton in his Iurisdictions saith that it is leuied somtime by goods as well as by lands as also appeareth by the statute anno 9. H. 4. ca. 7. I take his meaning there to be that though the task in the whole were at the first by the Prince proportioned by the land Yet the townes men among themselues to make vp that summe are at these daies sometime valued by goods See Fiftenth It seemeth that in auncient times this task was imposed by the king at his pleasure but Edward the first anno 25. of his raigne bound himselfe and his successours from that time forward not to leuie it but by the consent of the Realme anno 25. Ed. pri cap. 5. The word Task may be thought to proceede from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but ouer curiously to contend in these derivatiōs may seeme friuolous cōsidering that many words are common to diuers peoples Telonium or Breue essendi quietum de Telonio is a writ lying for the Citizens of any Citie or Bourgesses of any towne that haue a Charter or prescription to free them from Tolle against the officers of any town or market constraining them to pay Tolle of their Merchandise contrary to their said graunt or prescription Fitzh nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these
high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. 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 onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife her husband or when a secular or religious man killeth his prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed See Cromptons Iustice of peace And this maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum
of the same country to say the truth vpon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall goe a habeas corpora and after a distresse vntill they come old nat br fol. 157. See how diuersly this writ is vsed in the table of the Register Iudiciall There is also a writ of this name that is originall as appeareth in the Register orig fol. 200. b. which M. Lamberd in his processes annexed to his Eirenarcha saith to be the common proces vpon any presentment not being felony nor especially appointed for the fault presented by statute Whereof he setteth downe an example in the same place See also the new booke of Entries verbo Enquest fol. 253. columna 1. 2. 3. Venire facias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or neare place As for example twelue of the Assise ought to be of the same Venew where the Demaund is made old nat br fol. 115. and in the statute anno 4. H. 4. ca. 26. anno 25. H. 8. ca. 6. I finde these words And also shall returne in euery such panell vpon the venire facias sixe sufficient Hundreders at the least if there be so many within the Hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that faith shee is with childe and thereby withhouldeth land from him that is the next heire at the common law Register originall fol. 227. a. Verdour viridarius commeth of the French verdior i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his forest lawes pag. 332. defineth him a Iudiciall officer of the Kings forest chosen by the King in the full county of the same shire within the forest where he doth dwell and is sworne to maintaine and keepe the Assises of the forest and also to view receiue and inrolle the Attachments and presentments of all maner of trespasses of the forest of vert and venison And the same authour vpon the first artitle of Canutus charter in the beginning of the same part saith that these in the Saxons times were called Pagened being foure in number and they chiefe men of the forest as then they were Their fee was in Canutus time each of them euery yeare of the Kings allowance two horses one of them with a saddle another of them without a saddle one sword fiue Iauelins one speare one shield and ten pounds in money These foure as appeareth by the said charter nu 11. had regalem potestatem and might proceede to a threefold iudgement And if any man offered them or any of them violence if he were a free man he should loose his freedome and all that he had if a villein he should loose his right hand All the officers of the forest were to be corrected and punished by them ibidem nu 10. The verdour is made by the Kings writ Cromptons Iurisd fol 165. the forme of which writ you haue in Fitzh nat br fol. 164. which is directed to the Shyreeue for the choice of him in a full County by the assent of the said County Yet if a verdour bee sodainely sicke or dead at the time of the Iustice seate a new may be chosen without a writ Manwood parie prim pag. 72. the office is as Crompton saith loco allegato properly to looke to the vert and to see that it be wel maintained Also when any forfeiture is taken in the Forest before the Foristers or other ministers the price thereof shall be deliuered to the verdour who is to answer for it before the Iustices in Eyre And if he die his heire is chargeable therewith Crompton ibidem The forme of his oath at his admittance you may see in Manwoods first part of his Forest lawes pag. 51. who there calleth him verderour aliâs verdictor You shall truly serue our Soueraigne Lord the King in the office of a verderor of the Forest W. you shall to the vttermost of your power and knowledge do for the profit of the King so farre as it doth apperteine vnto you to do You shall preserue and maintaine the auncient rights and franchises of his Crowne you shall not conceale from his Maiestie any rights or priuiledges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shal endeuour your selfe to manifest and redresse the same and if you cannot doe that of your selfe you shall giue knowledge thereof vnto the King or vnto his Iustice of the Forest You shall deale indifferently with all the Kings liege people you shall execute the lawes of the Forest and do equall right and iustice as well vnto the poore as vnto the rich in that appertaineth vnto your office you shall not oppresse any person by colour thereof for any reward fauour or malice All these things you shall to the vttermost of your power obserue and keepe Their office is farder expressed eodem pag. 93. which is to sit in the court of attachment to see the attachments of the Forest to receiue the same of the Foresters and Woodwards that do present them and then to enter these Attachments into their rolles Verdict veredictum is the answer of a Iurie or Enquest made vpon any cause ciuill or criminall committed by the court to their consideration or triall And this verdict is two-fold either generall or especiall Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is giuen or brought into the Court in like generall termes to the generall issue as in an action of disseisin the Desendant pleadeth No wrong no disseisin Then the issue is this in generall whether the fact in question be a wrong or not And this committed to the Iurie they vpon consideration of their euidence come in and say either for the plaintiffe that it is a wrong and disseisin or for the Defendant that it is no wrong no disseisin And againe the prisoner at the barre pleading Not guiltie the Enquest in like generall termes bring in their verdict either for the King Cuilty or for the prisoner Not guilty A speciall 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 opinions it is proued and for the qualitie of the fact they pray the discretion of the Court. And this speciall verdict if it containe any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof reade diuers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Litleton fol. 78. 79. See the new booke of Entries verb. Verdict Verge virgata may seeme to come from the French verger i. viridarium hortus It is vsed here in England for the compasse
who at any time sithence the first day of this present parlament or at any time hereafter shall depart the Realme or begin to keepe his or her house or houses or otherwise to absent him or her selfe or take sanctuarie or suffer him or her selfe willingly to be arrested for any debt or other thing not growne or due for mony deliuered wares sould or any other iust or lawful cause or good consideration or purposes or hath or will suffer him or her selfe to be outlawed or yeld him or her selfe to prison or willingly or fraudulently hath or shall procure him or her selfe to be arrested or his or her goods money or chatels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent graūt or conueyance of his her or their lands tenements goods or chatels to the intent or whereby his her or their creditours being subiects borne as aforesaide shall or may be defeated or delayed forthe recouery of their iust and true dept or being arrested for debt shall after his other arrest lye in prison fixe monethes or more vpon that arrest or any other arrest or detention in prison for debt and lye in prison sixe monethes vpon such arrest or detention shall be accompted and adiudged a bankrupt to all intents and purposes Banishment exilium abiuratio commeth of the French bannissement and hath a signification knowne to euery man But there be two kinds of banishments in England one voluntarie and vpō oath whereof you may reade Abiuration the other vpon cōpulsion for some offence of crime as if a lay-man succor him that hauing taken sanctuarie for an offence obstinately refuseth to abiure the realme he shall loose his life and member if a Clerke do so he shall be banished Stawnf pl. cor fol. 117. This punishment is also of our moderne Civilians called bannimētum which was aunciently tearmed deportatio if it were perpetuall or relegatio in insulam if for a time Vincentius de Franchis Petrus de Belluga in suo speculo fol. 125. num 4. Barbaries Oxyeantha is a thornie shrub knowne to most men to beare a bery or fruite of a sharpe taste These beries as also the leaues of the said tree be medicinable as Gerara in his herball sheweth lib. 3. cap. 21. You find them mentioned among drugs to be garbled anno 1. Iacob cap. 19. Bard aliâs Beard See Clack Bargaine and sale as it seemeth by West part 1. symb lib. 2. sect 436. is properly a contract made of maners lands tenements hereditaments and other things transferring the propertie thereof from the bargainer to the barganee But the author of the new termes of lawe addeth that it ought to be for money saying farder that this is a good contract for land c. and that fee-simple passeth thereby though it be not said in the deed To haue and to hold the land to him and to his heyres and though there be no liuerie and seisin made by the seller so it be by deed indented sealed and enrolled either in the Countie where the land lyeth or within one of the kings courts of Records at Westminster within sixe moneths after the date of the deed indented anno 27. H. 8. cap. 16. Barkarie Barkaria is a heath house New booke of Entries titulo Assise corp polit 2. Some call it a Tanne house Baron Baro is a French word and hath diuers significations here in England First it is taken for a degree of Nobilitie next vnto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this signification it is borowed from other nations with whom Baroniae be as much as Prouinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as haue the gouernment of Prouinces as their fee holden of the king some hauing greater some lesser authoritie within their territories as appeareth by Vincentius de Franchis in diuers of his desceisions 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 haue any such manor or lordship Yea I haue heard by men very learned in our Antiquities that neere after the conquest all such came to the Parlament and sate as Nobles in the vpper house But when by experience it appeared that the Parlament was too much pestered with such multitudes it grew to a custome that none shold come but such as the king for their extraordinarie wisedome or qualitie thought good to call by writ which writ ranne hac vice tantùm After that againe men seeing this estate of Nobilitie to be but casuall and to depend meerly vpon the Princes pleasure they sought a more certain hold and obtained of the King leters patents of this dignitie to them and their heyres male And these were called Barons by leters patents or by creation whose posterity be now by inheritance and true descent of Nobilitie those Barons that be called Lords of the Parlament of which kind the king may create more at his pleasure It is thought neuerthelesse that there are yet Barons by writ as wel as Barons by leters patents and that they may be discerned by their titles because the Barons by writ are those that to the title of Lord haue their owne surnames annexed as Compton North Norice c. whereas the Barons by leters patents are named by their Baronies These Barons which were first by writ may now iustly also be called Barons by prescription for that they haue continued Barons in themselues and their auncestors time beyond the memorie of man The originall of Barons by writ Master Camden in his Britannia pag. 109. in meo referreth to Henry the third Barons by leters patents or creation as I haue heard among our Antiquaries were first created about the dayes of Henry the sixth the maner of whose creation reade in Master Stowes Annales pag. 1121. Of all these you may also reade Master Ferui glorie of Generositie pa. 125 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. de rep Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by yeare or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour ciuill and militarie addeth athird kind of Baron calling them barons by tenure and those be the Bishops of the land all which by vertue of baronries annexed to their bishoprickes haue alwaies had place in the vpper house of Parlament and are tearmed by the name of Lords spirituall Baron in the next significatiō is an Officer as barons of the Exchequer be to the king of which the principall is called Lord chiefe Baron capitalis Baro and the three other for so many there be are