vectigal pendatur tam diuneque ipsis qui conduxerunt neque iis qui in locum eorum successerunt auferri eum liceat l. 1. Π. siager vectigalis c. Feede Feida alias Faida signifieth in the German toung Guerram i. capitales inimicitias vel bellum Hotoman disputat de feudis ca. 2. B. Foemina dicitur faidam non facere gloss in § vlt. De lege Conradi lib. 2. de feudis by reason that women by the law are not subiect to warfare to battell or proclamatiō made for that cause Skene de verbo signif verbo Assidatio M. Lamberd in his explication of Saxon words writeth it Feeth and saith likewise that it signifieth capitales inimicitias and also that Feud vsed now in Scotland and the north parts of England is the same and that is a combination of kindred to reuenge the death of any of their blood against the killer and all his race Felonie Felonia seemeth to come of the french Felonnie ā impetuositas atrocitas immisericordia Felonia saith Hotomande verbis feudalibus non praescisè contumaciam vasalli in dominum huiusue in vasallum perfidiam significat verum quoduis capitale facinus And againe Felonia Gothis Longobardis dicitur quod Germanis hodie Schelmarey latinis Scelus S. Ed. Cooke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fo 124. b. Hostiensis in sua summa titulo De feudis and others speak of this to this effect Felonia aliàs Fallonia est culpa vel iniuria propter quam vasallus amittit feudum Sedhec respicit dominum feudi Est alia fallonia quae non respicit dominum sc quando vasallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commisit quod parricidii appellatione continetur plures aliae falloniae tam respicientes dominum quà m alios propter quas feudum amittitur ibi not antur We account any offence felonie that is in degree next vnto petit treason and compriseth diuers particulars vnder it as murder theft killing of a mans selfe Sodometrie rape wilfull burning of houses and diuers such like which are to be gathered especially out of statutes whereby many offences are dayly made felonie that before were not Felonie is discerned from lightter offences by this that the punishment thereof is death How be it this is not perpetuall For petit larcenie which is the stealing of any thing vnder the valew of twelue pence is felony as appeareth by Broke titulo Coron num 2. his reason is because the indictment against such a one must runne with these words felonicè cepit and yet is this not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is vnder petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeued by cleargie another that may not And these you must also learne to know by the statutes for Cleargie is allowed where it is not expressely taken away Of these maters reade Stawnfords first booke of his pl. cor from the end of the second Chapter to the 39. and the statutes whereby many offences be made felonie since he writ that learned booke See also Lamberds Iustice of peace lib. 2. cap. 7. in a Table drawne for the purpose As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace fol. 32. c. Felonie is also punished by losse of lands not entayled and goods or chatels as well real as personall and yet the statutes make difference in some cases touching lands as appeareth by the statute anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud though not where a statute ordaineth an offence to be felonie and yet withall saith that it shall not worke corruption of bloud As anno 39. Eliz. cap. 17. How many wayes felonie is comitted see Cromptons Iustice of peace pag. 32. c. Feyre See Fayre Felo de se is he that committeth felonie by murthering himselfe See Cromptons Iustice of peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is vnlawful to hunt in the Forest because in that moneth the female Deere do faune and this moneth beginneth 15. dayes before Midsomer and endeth 15. dayes after So that to this moneth there be 31. daies See Manwood parte prim of his Forest lawes pag. 86. but more at large parte secunda cap. 13 per totum It is also called the defence moneth that is the forbidden moneth and the word defence is vsed in like sort West 2. cap. 47. anno 13. Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Natiuitie c. Fennycricke or rather Fenegreeke Foenum Graecum is a medicinall plant or herbe so called because it groweth like hey and commeth out of Greece Of this you may reade more in Gerrards herball lib. 2. cap. 483. The seede therof is reckoned among drugs that are to be garbled an 1. Iacob cap. 19. Feofment feoffamentum by the opinion of Sir Thomas Smith de Repub. Anglor lib. 3. cap. 8. and M. West part prim symbol lib. 2. sect 280. is descended from the Gottish word feudum which you haue interpreted in fee and signifieth donationem feudi But as M. West also addeth it signifieth in our common lawe any gift or graunt of any honors castels maners mesuages lands or other corporall and immoueable things of like nature vnto another in see simple that is to him and his heires for euer by the deliuerie of seisin and possession of the thing giuen whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in euery feofment the giuer is called the Feaffour feoffator and he that receiueth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference betweene a feoffour and a donour is that the feoffour giueth in fee-simple the donour in fee-taile lib. 1. cap. 6. Feodarie aliâs Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the master of the Court of wards and liueries by leters patents vnder the seale of that office His function is to be present with the Escheater at the finding of any office and to giue euidence for the king as well cōcerning the valew as the tenure and also to suruey the land of the ward after the office found and to rate it He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands with in his circuit and to answer them to the Receiuer of the court of wardes and liueries This officer is mentioned anno 32. H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat
to a tenent for terme of life shall inure to him in the Reuersion Erius alius Iris is the flower de luce whose diuers kindes you haue expressed in Gerards herball lib. 1. ca. 34. The roote of this is mentioned among merchandize or drugs to be garbled anno 1. laco ca. 19. Ermins seemeth to come of the french Ermine i. mus araneus it signifieth a furre of great price Erminstreate See Watlingstreate Errant Itinerans commeth of the french Errer i. errare or the ould word Erre i. iter It is attributed to Iustices of circuit pl. cor f 15. and Baylifes at large See Iustices in Eyre and Baylife See also Eyre Errour Error commeth of the french Erreur and signifieth more specially in our common law an errour in pleading or in the proces Brooke titulo Errour And thereuppon the writ which is brought for remedy of this ouersight is called a writ of error in Latine De errore corrigendo thus defined by Fitz. in his nat br fol. 20. A writ of errour is that properly which lyeth to redresse false iudgement giuen in any court of record as in the common bench London or other citie hauing power by the kings charter or prescription to hold plee of debt See the new booke of Entries verbo Error or trespasse aboue the summe of twenty shillings This is borowed from the French practise which they call proposition d'erreur Wherof you may reade in Gregorius De appellation pag. 36. In what diuersitie of cases this writ lyeth see the Register originall in the Table verb. Errore corrigendo and Register iudiciall fol. 34. There is likewise a writ of errour to reuerse a fine West parte 2 sect symbol titulo Fines 151. Errore corrigendo See Errour Escambio is a licence graunted to one for the making over of a Bill of Exchange to a man ouer Sea Register original fol. 194. a. Escape Escapium commeth of the French Eschapper i. aufugere effugere and signifieth in the lawe a violent or priuie evasion out of some lawfull restraint For example if the Shyreeue vpon a Capias directed vnto him take one and indeavour to carie him to the Gaol and he in the way either by violence or by slight breake from him this is called an Escape pl. cor fol. 70. Many examples might bee brought out of him and others but the thing is plaine Stawnford lib. 1. ca. 26. pl. cor nameth two kindes of Escapes voluntarie negligent Voluntarie is when one aresteth another for felonie or some other crime and afterwards letteth him goe whither he listeth In which escape the partie that permitteth it is by lawe guiltie of the fault committed by him that escapeth be it felonie treason or trespas Negligent escape is when one is arrested and afterward escapeth against his wil that arrested him and is not pursued by fresh suite and taken againe before the partie pursuing hath lost the fight of him Idem cap. 27. but there read more of this mater for there be doubts worth the consideration And of the course of punishment by the ciuill lawe in this point reade in practica criminali Claudii de Battandier reg 143. reade also Cromptons Iustice fol. 35. b. fol. 36. 37. and read the newe Termes of lawe There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forest is deliuered of that punishment which by order of the forest lieth vpon those whose beasts be found within the land forbidden Cromptons Iurisdict fo 196. Eschequer Scaccarium commeth of the French Eschequier i. abacus tabula lusoria and signifieth the place or court of all receipts belonging to the crowne and is so termed as I take it by reason that in auncient times the accomptants in that office vsed such tables as Arithmeticians vse for their calculations for that is one fignification of Abacus amonst others Polidor Virgil. lib. 9. histo Anglo saith that the true word in latine is Statarium and by abuse called Scaccarium In mine opinion it may well seeme to be taken from the German word schatz signifiing as much as the saurus or fiscus And from this fountaine no doubt springeth the Italian word Zeccha signifiing a mynt and Zeccherii aliàs Zecchieri the officers thereunto belonging Descis Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office tooke the name à tabula ad quam assidebant proouing it out of Geruasius Tilburiensis whose words you may read in him This court is taken from the Normans as appeareth by the grand Custumarie cap. 56. where you may finde the Eschequier thus described The Eschiquier is called an assemblie of high Iusticiers to whome it appertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done and vnaduisedly iudged and to doe right to all men without delaie as from the princes mouth Skene de verbo significatione verbo Scaccarium hath out of Paulus Aemilius these words Scaccarium dicitur quasi Statarium quòd homines ibi in iure sistantur vel quòd sit stataria perennis Curia cum ceterae curiae essent indictivae nec loco nec tempore statae where he saith also of himselfe that in Scotland the Eschequer was stable but the other session was deambulatorie before Iames the 5. qui instituit Statariam curiam cum antea esset indictiva he addeth farder Others thinke that Scaccarium is so called a similitudine ludi Scaccorum that is the play of the chests because many persons meete in the Chequer pleading their causes one against the other as if they were fighting in an arraied battaile Others think that it commeth from an old Saxon word Scata as writeth S. Thomas Smith which signifieth treasure taxation or imposts whereof accompt is made in the Chequer This court consisteth as it were of 2. parts whereof one is conuersant especially in the iudiciall hearing and deciding of all causes appertaining to the princes cofers aunciently called Scaccarium computorum as Ockam testifieth in his lucubration the other is called the receipt of the Eschequer which is properly imploied in the receiuing and paiment of money Crompton in his Iurisdictions fo 105. defineth it to be a court of record wherein al causes touching the reuenewes of the crown are handled The officers belonging to both these you may find named in M. Camdens Britannia ca. Tribunalia Angliae to whome I referre you The kings exchequer which now is setled in Westminster was in diuers countries of Wales anno 27. H. 8. ca. 5. but especially ca. 26. Escheate Eschaeta cōmeth of the French escheoir i. cadere accidere excidere and signifieth in our common lawe any lands or other profits that fall to a Lord within his maner by way of forfeiture or the death of his tenēt dying without heire generall or especiall or leauing his heire within age or vnmaried Magna chart ca. 31. Fitzh nat br fol. 143. T. c. Escheate is also vsed
to the crowne or graunted vnto some great subiect and so remaine still in the nature of a Fraunchise And this hath beene euer sithence the stat anno 14. Ed. 3. stat 1. ca. 9. whereby these Hundred courts formerly fermed out by the Shyreeue to other men were reduced all or the most part to to the countie court and so haue and doe remaine at this present So that where you read now of any hundred courts you must know that they be seuerall fraunchises wherein the Shyreeue hath not to deale by his ordinarie authoritie except they of the Hundred refuse to doe their office See West parte 1. symbol lib. 2. sect 288. See Turn The newe expounder of lawe termes saith that the latine Hundredum is sometime vsed for an immunitie or priviledge whereby a man is quit of mony or customes due to the gouernours or Hundreders Hundreders Hundredarii be men empaneled or fit to be empaneled of a Iurie vpon any controversie dwelling within the Hundred where the land lieth which is in question Cromptons Iurisdict fol. 217. anno 35. Henrici 8. cap. 6. It signifieth also him that hath the Iurisdiction of a hundred and holdeth the hundred court anno 13. Ed. pri ca. 38. anno 9. Ed. 2. stat 2. anno 2. Ed. 3. ca. 4. and sometime is vsed for the Bayliffe of an hundred Hornin his mirrour of Iustices li. 1. ca del office del coroner Hundredlaghe signifieth the Hundred courte from the which all the officers of the Kings forest were freed by the charter of Canutus ca. 9. Manwood parte 1. pag. 2. Huors See Conders Huseans commeth of the French houseaux i. ocrea aboote It is vsed in the Statute anno 4. Ed. 4. ca. 7. Hustings Hustingum may seeme to come from the French Haulser i. tollere attollere suberigere for it signifieth the principall and highest court in London anno 11. H. 7. ca. 21. Fitzh nat br fol. 23. See anno 9. Ed. pri ca. vnico Other Cities and townes also haue had a court of the same name as Winchester Lincolne Yorke and Sheppey and others where the Barons or Citizens haue a record of such things as are determinable before them Fleta libro 2. cap. 55. Husfastene is he that holdeth house and land Bracton lib. 3. tractat 2. ca. 10. His words be these Et in franco plegio esse debet omnis qui terram tenet domum qui dicuntur Husfastene etiam alii qui illis deserviunt qui dicuntur Folgheres c. I A I Arrock anno 1 Rt. 3. ca. 8. is a kinde of cork so called Identitate nominis is a writ that lyeth for him who is vpon a Capias or Exigent taken and committed to prison for another man of the same name whereof see the forme and farder vse in Fitzh nat br fol. 267. see the Register originall fol. 194. Idiot and he that afterward becometh of insane memory differeth in diuers cases Coke fol. 154. b. lib. 4. See here following Idiota inquirenda Idiota inquirenda vel ex aminanda is a writ that is directed to the excheatour or the Shyreeue of any county where the king hath vnderstanding that there is an Idiot naturally borne so weake of vnderstanding that he connot gouern or mannage his inheritance to call before him the partysuspected of Idiocie examin him And also to inquire by the oaths of twelue men whether he be sufficiently witted to dispose of his owne lands with discretion or not and to certifie accordingly into the Chauncery For the king hath the protection of his subiects by his prerogatiue the gouernmēt of their lands and substance that are naturally defectiue in their owne discretion statut de praerogatiua Regis editum anno 17. Ed. 2. cap. 8. wherof read Stawnf praerog cap. 9. and of this writ read Fitzh nat br fol. 232. see the register orig fol. 267. Ietzon se Flotzon Ieofaile is cōpoūded of 3. french words I' ay faille i. ego lapsus sum signifieth in our commō lawe an ouer-sight in pleading touching the which you haue a statute anno 32. H. 8. cap. 30. whereby it is enacted that if the Iury haue once passed vpon the issue though afterward there be found a Ieofaile in the pleading yet iudgement shall likewise be giuen according to the verdict of the Iury. See Brooke tit Rrepleder the author of the new tearms of law saith that a Ieofaile is when the parties to any suite haue in pleading proceeded so farre that they haue ioyned issue which shal be tried or is tried by a Iury or inquest and this pleading or issue is so badly pleaded or ioyned that it will be errour if they proceed then some of the said parties may by their councell shew it to the court as well after verdict giuen and before iudgement as before the Iury be charged the shewing of which defects before the Iury charged was often when the Iury came into the court to trie the issue then the councell which will shew it shall say this inquest you ought not to take and if it be after verdict then he may say to Iudgement you ought not to goe and because of this many delayes grew in suites diuers statutes are made to redresse them viz. 32. H. 8. c. 30. others in Q. Elizabethes daies and yet the fault litle amended Ignoramus is a word properly vsed by the grand Enquest empaneled in the inquisition of causes criminall and publique and writen vpon the bill whereby any crime is offered to their cōsideration when as they mislike their euidence as defectiue or to weake to make good the presentment The effect of which word so written is that all farder inquiry vpon that party for that fault is thereby stopped and he deliuered without farder aunswer It hath a resemblance with that custome of the auncient Romans where the Iudges when they absolued a person accused did wright A. vpon a litle table prouided for that purpose i. Absoluimus if they iudged him guilty they writ C. id est Condemnamus if they found the cause difficult and doubtfull they writ N. L. id est Non liquet Asconius Pedianus in oratio pro Milone Alexander ab Alexandro Genial dierum li. 3. ca. 14. Ikenildstreate is one of the four famous wayes that the Romans made in England taking the beginning ab Icenis which were they that inhabited Northf Southf and Cambridg shyre Camd. Britan. fol. 343. See Watlingstreat Imparlance interlocutio vel interloquela is a petition made In court vpon the count of the Demanndant by the tenent or declaration of the plaintife by the defendant whereby he craueth respight or an other day to put in his aunswer See Brooke titulo Continuaence See Dies datus Imparlaunce seemeth to be generall or speciall speciall imparlaunce is with this clause saluis omnibus aduantagiis tam ad iurisdictionem curiae quà m breue narrationem Kitchin fol. 200. Then generall in reason must be that which
sub aliorum testimonio faciet de his rebus This high Officer hath by vertue of his office at this day the nomination of the Escheatours yeerely throughout England and giueth the places of all customers controllers and searchers in all the ports of the Realme He sitteth in the chequer chamber and with the rest of the court ordereth things to the Kings best benefite He with the Barons may by statute stall depts of three hundred pounds and vnder And by commission from his maiestie he with others ioyned with him letteth leases for liues or yeares of the lands that came to the Crowne by the dissolution of Abbeys He by his office giueth warrant to certaine men to haue their wine without impost He taketh declaration of all the money payed into the Receipt of the Exchequer and of all Receiuers accompts Then is there a Treasurer of the kings houshold who is also of the priuie Councell and in the absence of the Steward of the Kings houshold hath power with the Controller and the Steward of the Marshalsea without commission to heare and determine treasons misprisions of treasons murder homicide and bloudshed committed within the Kings pallace Stawnf pl. cor lib. 3. cap. 5. In the statute anno 28. Rich. 2. cap. 18. anno 11. H. 7. cap. 16. mention is made of the Treasurer of Calis In Westm 2. cap. 8. of the Treasurer of the Exchequer anno 27. Ed. 3. stat 2. cap. 18. ann 35. Eliz. cap. 4. Of the Treasurer of the Nauie or Treasurer of the warres or garrisons of the Nauie anno 39. El. cap. 7. Treasurer of the Kings chamber anno 26. H. 8. cap. 3. anno 33 eiusdem cap. 39. Treasurer of the warres anno 7. H. 7. cap. prim anno 3. H. 8. cap. 5. Treasurer of the Chauncerie West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrobe anno 15. Ed. 3. stat prim cap. 3. anno 25. eiusdem stat 5. cap. 21. whose office you haue well set foorth in Fleta lib. 2. cap. 14. Treasurer of the Countie for poore souldiers anno 35. Eliz. cap. 4. And most corporations through the kingdome haue an officer of this name that receiueth their rents and disburseth their common expences Treate commeth of the French traire i. emulgere and signifieth in the common lawe as much as taken out or withdrawne As a Iurour was chalenged for that hee might not dispend 40. pounds and for that cause he was treate by the Statute old na br fol. 159. that is remoued or discharged Breade of treate anno 51. H. 3. Statute of breade c. what it signifieth I cannot learne Trespas Transgressio is a French word signifiing as much as Mors obitus excessiss The reason whereof I take to be because in interpretation it is a passage from one place or estate to another for in Britton cap. 29. I find trespassants for passengers In our common law and language it is vsed for any transgression of the lawe vnder treason felonie or misprision of treason or of felonie as may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parlament to depart from the Parlament without the kings licence is neither treason nor felonie but trespasse And againe fol. 31. saying that where it was wont before the statute made anno prim Ed. 2. called Statutum de frangentibus prisonam that the breach of prison was felonie if it were the Kings prison it is sithence but trespasse except the prisoner were committed for felonie But it is most commonly vsed for that wrong or dammage which is done by a priuate man to the King as in his Forest pl. cor lib. 2. cap. 18. or to another priuate man And in this signification it is of two sortes trespasse generall otherwise termed trespasse vi armis and trespasse especiall otherwise called trespasse vpon the case And this seemeth to be without force Termes of the Lawe Action vpon the case as appeareth by Kitchin fol. 176. The former I take to be called generall because it riseth from that generall ground in lawe that whatsoeuer is done by any priuate mans humour vi armis is an offence The later I call especiall because Kitchin calleth the other generall and another reason may be this because it springeth from a particular case or fact not conteined vnder any other generall head And the action lying for this trespasse is otherwise called an action vpon the case as may be gathered out of diuers places vnder the title Trespasse in Brookes his Abridgement How to distinguish the forme of these writs or actions See Fitz. nat br fol. 86. I. 87. H. I. In an action of trespasse this is perpetuall that the plaintiffe sieweth for dammages or the valew of the hurt cone vnto him by the Defendant It seemeth an hard thing to distinguish these two kinds of trespasses so as to be able to say when it is a trespasse vi armis and when vpon the case as may well appeare to him that shall peruse this title in Brooke But this is to be left to the experiēce of graue and skilfull pleaders I find moreouer in Kitchin fol. 188 that there is a trespasse locall and trespasse transitorie trespasse locall is that which is so annexed to a place certaine as if the Defendant ioyne issue vpon the place and trauers the place onely by saying Absque hoc that he did the trespasse in the place mentioned in the declaration and averre it it is enough to defeate the action Trespasse transitorie is that which cannot be defeated by the defendants trauers of the place saying without that I cōmitted the trespasse in the place declared because the place is not materiall Examples of both you haue set downe by Kitchin in the place aboue named to this effect trauers by Absque hoc of trespasse in batterie or goods brought in is transitorie and not locall as it is of trees cut or herbes And therefore in trespasse transitorie the place shall not make issue neither is it trauersable no more then is a trespasse vpon a case of an Assumption Bracton in his fourth booke cap. 34. num 6. diuideth transgressionē in maiorem minorem which place reade See also great diuersitie of trespasses in the new booke of Entries verbo Trespasse Triall triatio is vsed in our common lawe for the examination of all causes ciuill or criminall according to the lawes of our Realme Of this word Stawn pl. cor lib. 2. cap. 26. writeth to this effect There was a statute made prim secund Philip. Mar. cap. 10. to this purpose And be it furder enacted by the authoritie aforesaid that all trials hereafter to be had awarded or made for any treason shal be had and vsed according to the due order and course of the common lawes of this Realme and not otherwise c. By this word triall saith Stawnf in that place some vnderstand
contrarie to the writ no wrong no disseisin The third manner is assise out of the point of assise assisa extra assisam vel in modum iuratae viz. when the tenent alledgeth some by exception that must be tried by a Iurie before the principall cause can proceed as if he pleade a foreine release or foreine mater tryable in another countie For in this case the Iustices referre the record to the Court of common plees for the triall of the foreine plee before the disseisin can come to be discussed Of this sort reade diuers other examples in Bracton lib. 4. part 1. cap. 34. For there be of them as he saith and Britton also cap. 52. both dilatorie and peremptorie The fourth and last manner is assise of right of dammages and that is when the tenent confessing a putting out and referring it to a demurter in lawe whether it were rightly done or not is adiudged to haue done wrong For then shall the demandant haue a writ to recouer dammages which is called assise to recouer dammages as also the whole processe Assise is further taken for the court place or time where and when the writs and processes of assise be handled or taken And in this signification assise is generall as when the Iustices passe their seuerall circuits euery couple with their commission to take all assises twice in the yeare For he that speaketh of any thing done at that time and in that place will commonly say that it was done at the generall assise It may likewise be speciall in this signification as if an especiall commission should be granted to certaine as in ancient times they often were Bracton lib. 3. cap. 11. in fine for the taking of an assise vpon one disseisin or two any thing done in the court before them a man would say it was done at such an especiall assise And in this very signification doth Glanvil vse it lib. 9. cap. 12. in these words Si contra dominum suum non infra assisam tunc distringitur ipse occupator c. and lib. 13. cap. 32. in these words cum quis itaque infra assisam domini regis i. infra tempus à domino rege de consilio procarum ad hoc constitutum quod quandoque maius quandoque minus censetur alium iniustè sine iudicio disseisiver 〈…〉 c. Of this word assise you may reade in M. Skene de verbo signif verbo Assise and by him vnderstand that in Scotland also it is diuersely vsed viz. in 5. seuerall significations And touching the fifth signification he hath these words An assise is called a certaine number of men lawfully summoned receiued sworne and admitted to iudge and discerne in sundrie civil causes syke as perambulations cognitions molestations pourpresture division of lands seruing of brieues and in all and sundrie criminall causes decided and tried by an assise whereof there are two kinds one ordinarily in vse which may be called a litle assise of the number of 13. or 15 persons the other called a great assise which consisteth of 25. persons c. The rest is very worthe the reading Assisa continuanda is a writte directed to the Iustices assigned to take an assise for the continuance of the cause in case where certaine records alleaged cannot in time be procured by the party that would vse it Reg. orig f. 217. Assisa proroganda is a writ directed to the Iustices of assise for the stay of proceeding by reason of the Kings buisnes wherein the partie is imploied Register orig fo 208. and fo 221. Association associatio is a patent sent by the King either of his owne motion or at the suite of the plaintife to Iustices appointed to take assises of novel disseisin or of oyer and terminer c. to take others vnto them as felowes and collegues in that busines The dirivation is plaine the examples and sundrie vses hereof you may finde in Fitz◠nat br fo 185. E. fo 111. B. but more particularly in the Reg. orig f. 201. 202. 205. 206. 207. 223. 224. Assoile absolvere commeth of the French absouldre and signifieth to deliuer or set free from an excommunication Stawnf pl. cor fo 72. in words to this effect Otherwise the defendāt should remaine in prison vntill the plaintiffe were assoyled that is deliuered from his excommunication Assumpsit is a voluntarie promise made by word whereby a man assumeth or taketh vpon him to performe or pay any thing vnto another This word containeth any verball promise made vpon consideration which the Civilians expresse by divers words according to the nature of the promise calling it sometime pactum sometime sponsionē sometime promissionem pollicitationem or constitutum the word seemeth to be drawne from the latine assumptio quae significat professionem l. Π. ad municipalem Attache attachiare cōmeth of the French attacher i. figere nectere illigare defigere alligare In our common lawe it signifieth to take or apprehend by commaundement or writte And M. Lamberd in his eirenarch li. 1. cap. 16. maketh this difference betweene an arrest and an attachement that an arrest proceedeth out of lower courts by precept and an attachment out of higher courts by precept or writ and that a precept to arrest hath these formall words duci facius c and a writ of attachment these words praecipimus tibi quòd attachies talem habeas eum coram nobis c. whereby it appeareth that he which arresteth carieth the party arrested to another higher person to be disposed of forth with he that attacheth keepeth the party attached and presenteth him in court at the day assigned in attachement yet I obserue out of Master Kitchin that an attachement issueth out of a court baron which is a lowe court cap Attachment in court baron fo 79. Another difference there is that an arrest lieth onely vpon the body of a man and an attachement some time vpon his good as shal be shewed in the sequele It may be likewise asked how an attachement and a capias doe differ how an attachement and a cape and an attachement and a distresse First that an attachement differeth from a capias it appeareth by Kitchin in these words fo 79. Note that in a court Baron a man shal be attached by his goods and a capias shall not goe out thence wherby I gather that an attachement is more generall taking hold of a mans goods and a capias of his body onely Then an attachement differeth from a cape in this because a cape be it cape magnum or cape parvum taketh hold of immoveables as lands or tenements and are properly belonging to action reall as you may gather out of their formes in Fitzh nat br whereas attachemēt hath rather place in actions personall as Bracton plainly setteth downe li. 4. tracta 4. ca. 5. nu 3. Where neuerthelesse it appeareth that a cape may be likewise vsed in an action personall An attachement as it
holders of the countie for the choice of a new coroner to certifie into the chanceries both the election and the name of the partie elected and to giue him his oath See Westm 1. ca. 10. and Fitzh nat br fo 163. and the Register orig fo 177. Coroner coronator is an auncient officer of this land so called because he dealeth wholly for the king and crowne There be fower of them commonly in euery countie and they are chosen by the freeholders of the same vpon writ and not made by leters patents Crompt Iurisd fo 126. This officer though now he be some inferiour gentleman that hath some smattering in the lawe yet if we looke to the statute of Westm 1. ca. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreete knight that best will and-may attend vpon such an office Yea there is a writ in the Register Nisi sit miles so 177. b. whereby it appeareth that it was fufficient cause to remooue a coroner chosen if he were not a knight and had not a hundred shillings rent of freehold And the Lord cheife Iustice of the kings bench is the soueraigne coroner of the whole realme in person i. wheresoeuer he remaineth libro assisarum fo 49. 5. coron Coke li. 4. casu de Wardens c. of the Sadlers fo 57. b. His office especially concerneth the plees of the crowne but if you will reade at large what aunciently belonged vnto him reade Bracton li. 3. tra 2. c. 5. de officio coronatorum circa homicidium and ca. 6. de officio coronatoris in the sauris inventis ca. 6. de officio coronatorum in raptu virginium and ca. 8. de officio coronatorum de pace plagis and Britton in his first chapter where he handleth it at large Fleta also in his first booke cap. 18. and Andrew Horns mirrour of Iustices li. 1. ca. del office del coroners but more aptly for the present times Stawnf pl. cor li. 1. ca. 51. Note there be certaine coroners speciall within diuers liberties as well as these ordinarie officers in euerie countie as the coroner of the verge which is a certaine compas about the kings court whome Crompt in his iurisd fo 102. calleth the coroner of the kings house of whose authoritie see S. Ed. Cokes reportes lib. 4. fo 46. a. b. And I know certen charters belonging to colledges and other corporations whereby they are licēsed to appoint their coroner within their owne precincts Farder of this office see also Fitzh nat br fo 76. A. B. S. Thomas Smith li. 2. ca. ca. 21. de repub Anglo and Lamb. eirenarcha li. 4. ca. 3. pa. 380. And the office of the coroner in Scotland what it is read M. Iohn Skene de verbo signifi verbo Iter. Corporation corporatio is that which the civile law calleth vniversitatem or collegium a bodie politique authorised by the kings charter to haue a common seale a head officer one or more and members able by their common consent to graunt or to receiue in law any thing within the compas of their charter euen as one man may doe by law all things that by lawe he is not forbidden and bindeth the successours as a single man bindeth his executour or heyre See Brokes his abridgment titulo Corporation and the newe Tearmes of lawe eodem Corpus cum causa is a writ issuying out of the Chauncerie to remoue both the bodie and the record touching the cause of any man lying in execution vpō a iudgement for debt into the Kings bench c. there to lye vntill he haue satisfied the iudgement Fitzh nat br fol. 25◠E. Corrector of the staple is an officer or clerke belonging to the staple that writeth and recordeth the bergains of Merchants there made anno 27. Ed. 3. stat 2. cap. 22. 23. The Romanes called them Mensarios Corruption of blood is an infection growing to the estate of a man attainted of felonie or treason and to his issue For as he leeseth all to the Prince or other lord of the fee accordingly as his case is so his issue cannot be heires to him or to any other auncester of whom they might haue claimed by him And farder if he were noble or a gentleman before he and his children are made vnnoble and vngentle in respect of the father Newe Tearmes of the lawe Corse present are words borowed from the French signifying a mortuarie anno 21. H. 8. ca. 6. The true French is corps praesentè i. the bodie presented or tendered The reason why the mortuarie is thus also tearmed seemeth to be for that where a mortuarie was wont to be due the bodie of the best beast was according to the law or custome offered or presented to the priest Corselet is a French word signifying a litle bodie in Latine corpusculum It is vsed with vs for an armor to couer the whole bodie or trunke of a man anno 4. 5. Ph. Mar. cap. 2. where with the pikemen commonly set in the front and flanks of the battaile are armed for the beter resistance of the enemies assaults and the surer guard of the gunners placed behind or within them being more sleightly armed for their speedier issuing in and out to discharge their peeces See Barrets discourse of Warre lib. 3. dialog 2. Cofenage cognatione is a writ that lyeth where the tresaile that is tritavus the father of the besaile or of the great grandfather is seysed in his demesn as of see at the day of his death of certaine lands or tenements and dyeth and then a straunger entreth and abateth For then shall his heyre haue this writ of cosenage the forme whereof see in Fitz. nat br fol. 221. Of this also reade Britton at large cap. 89. Cosening is an offence vnnamed whereby any thing is done guilefully in or out of contracts which cannot be fitly termed by any speciall name West parte 2. simbolaeogr titulo Indictments sect 68. It is called stellionaius in the ciuile lawe of stellio the beast which is lacertae genus virsutissimum as Cuiacius in his paratitles calleth it and quo nullum animal homini invidet fraudulentius Plinie li. 3. ca. 10. Cotage cotagium is a house without land belonging vnto it anno 4. Ed. pri statut primo And the inhabitant of such a house is called a cotager But by a later statute no man may builde a cotage but he must lay 4. acres of ground vnto it 31. Eli. ca. 7. Cote is a kind of resuse wolle clung or clotted together that it cannot be pulled asunder anno 13. R. 2. stat 1. ca. 9. It signifieth also as much as cotage in many places as also it did among the Saxons Verslegan in his Restitut of decayed intelligēce in antiquities Covenable rationabilis is a French word signifying fitte or convenient or suteable covenably endowed anno 4. H. 8. ca. 12. It is aunciently written
sorts of homage vsed by them straunge vnto vs. whereunto ioyne Hotoman disputat de feudis in diuers places namely columna 860. C. hiis verbis Deinceps de nota hominii feudalitiae subiectionis videamus Omnium quidem video esse commune vt dexteras tanquam in foederibus iungerent plerumque etiam vt dexteris aversis osculum praeberent interdum vt ambas manus iunctas patrono contrectandas praeberent supplicum dedititiorum nomine qui velatas manus porrigebant and pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constitutum est Quod ex Anglico Litletonio intelleximus vt hominium seruili supplici veneratione ac plane tanquam a dedititiis praestetur Nam vasallus discinctus nudo capite ad pedet sedentis patroni proiectus ambas manus iunctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here venio in tuum hominium fidem homo tuus fio ore manibus tibique iuro ac spondeo fidelem me tibi futurum eorum feudorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. G. 822. F. 857. B. D. F. Of homage in Scotland reade M. Skene de verb. signif verbo Homagium to whome you may also ioyne a plentifull discourse in speculo Durandi commonly called speculator among the Civilians titulo De Feudis Homagio respectuando is a writ to the Escheatour commaunding him to deliuer seisin of lands to the heire that is at full age notwithstanding his homage not done which ought to be performed before the heire haue liuerie of his lands except there fall out some reasonable cause to hinder it Fitzh nat br fol. 269. Homine eligendo ad custodiendam peciam sigillipro Mereatoribus aediti is a writ directed to a corporation for the choice of a new man to keepe the one part of the seale appointed for statutes Merchant when the other is dead according to the statute of Acton Burnel Register orig fol. 178. a. Homine replegiando is a writ for the bayle of a man out of prison which in what cases it lyeth and what not See Fitz. nat br fol. 66. See also the Register orig fol. 77. See the new booke of Entries verb. Homine replegiando Homine capto in Withernamium is a writ to take him that hath taken any bondman or woman and led him or her out of the countie so that he or shee cannot be repleuied according to lawe Register orig fol. 79. a. See Withernam Homicide homicidium is the slaying of a man and it is diuided into voluntarie or casuall homicide voluntarie is that which is deliberated and committed of a set mind and purpose to kill homicide volūtary is either with precedent malice or without The former is murder and is the felonious killing through malice prepensed of any person liuing in this realme vnder the Kings protection West part 2. simbol tit Inditment sect 37. c. vsque ad 51. where you may see diuers subdiuisions of this mater See also Glanuile lib 14. cap 3. Bract. l 3. tra 2. c. 4. 15. 17. Brit. c. 5. 6. 7. See Muder Mans slaughter Chaūce medley Homesoken aliâs Hamsoken Hamsoca is compounded of Ham. i. habitatio and Soken i. quaerere It is by Bracton lib. 3. tract 2. c 23. thus defined Homesoken dicitur inuasio domus contra pacem Domini Regis It appeareth by Rastall in the title Expositiō of of words that in auntient times some men had an immunitie to doe this for he defineth Homesoken to be an immunitie from amercements for entring into houses violently and without licence which thing seemeth so vnreasonable that me thinketh he should be deceiued in that his exposition I would rather thinke it should be a libertie or power graunted by the king to some common person for the cognisance or punishment of such a trangression for so I haue seene it interpreted in an old note that I haue giuen me by a freind which he had of an expert man toward the Exchequer but of what authoritie I know not See Hamsoken Hondhabend is compounded of two Saxon words Hond i. hand and habend i. hauing and signifieth a circumstance of manifest theft when one is deprehended with the thing stollen in his hand Bracton lib. 3. tract 2. ca. 31. 54. who also vse the handberend for the same eodem cap. 8. Honour honor is beside the generall signification vsed specially for the more noble sort of seigneuries whereof other inferiour Lordships or maners doe depend by performance of customes and seruices some or other to those that are Lords of them And I haue reason to think that none are honours originally but such as are belonging to the King How be it they may afterward be bestowed in fee vpon other nobles The maner of creating these honours may in part be gathered out of the statutes anno 31. H. 8. cap. 5. where Hampton court is made an honour and anno 33. eiusdem cap. 37. 38. whereby Amptill and Grafton be likewise made honours and anno 37. eiusdem ca. 18. whereby the King hath power giuen by his leters patents to erect foure seuerall honours Of Westminster of Kingston vpon Hull Saint Osithes in Essex and Dodington in Berkshire This word is also vsed in the selfe same signification in other nations See ca. licet causam extra de probationibus and Minsinger vpon it nu 4. In reading I haue obserued thus many honours in England The honour of Aquila Camden Britan. pag. 231. of Clare pag. 351. of Lancaster pag. 581. of Tickhill pag. 531. of Wallingford Notingham Boloine Magna charta cap 31. of West Greenewish Camd pag. 239. of Bedford pupil oculi parte 5. cap. 22. of Barhimsted Brooke titulo Tenure nu 16. of Hwittam Camd pag. 333. of Plimpton Cromptons Iurisd fol. 115. of Creuecure and Hagenet Febert anno 32. H. 8. cap. 48. of East Greenewish of Windsour in Berk shire and of Bealew in Essex anno 37. H. 8. ca. 18. of Peverell in the county of Lincolne Register orig fol. 1. Horngeld is compounded of Horn and Gildan or Gelder i. Soluere It signifieth a taxe within the forest to be paid for horned beasts Cromptons Iurisd fol. 197. And to be free thereof is a priuiledge graunted by the king vnto such as he think eth good Idem ibidem and Rastall in his exposition of words Hors de sonfee is an exception to auoide an action brought for rent issuing out of certaine land by him that pretendeth to be the Lord or for some customes and seruices for if he can iustifie that the land is without the compas of his fee the action falleth v. Brooke hoc titulo Hospitallers Hospitalarii were certaine knights of an order so called because they had the care of hospitals wherein Pilgrims were receiued to these Pope Clement the fift transferred the Templers which order by a
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
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
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
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
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
as well the inquest that indicteth a man as the enquest vpon the arraignment that attainteth or acquiteth him For these two make but one entire triall that euery man is to haue when he is impeached of treason But others haue answered to this that triall in common speech is the triall that a man is to haue after he is indicted and not before For in lawe the inditement is nought but the accusation against him which he is to make answer vnto and that being tried it either attainteth or acquiteth him So that the triall is the issue which is tried vpon the Inditement not the Inditement it selfe For that is no part of the thing which trieth but the thing which is tried and the offence And so is this word Triall vnderstood in the statute anno 33. H. 8. cap. 23. where it saith thus must be indighted within the shires or places where they committed their offences and also tried by the Inhabitants or feeeholders So he putteth a differen ce betwene Inditement and Triall as he doth also afterward in these words There to be indited and tried of their offences c. Thus far Stawnf Sir Tho. Smith de Rep. Anglo li 2. ca 5. saieth that by order and vsage of England there are three trialls that is 3. waies and maners whereby absolute and definite Iudgement is giuen by Parlament which is the highest and most absolute by battell and great Assise which he seuerally describeth in 3. chapters folowing though not so fully as the thing requireth But of the great Assise he speaketh at large in the 23. chapter of the same booke And of these trials see more in Stawnf pl. cor lib. 2. cap. pri 2. 3. whereof he deuideth the great Assise into two sorts one proper to Baroâ— of the Parlament which is by 20. or 18. of their Peeres the other common to others of lower condition which is by 12. men that be neighbours to the place where the offence was committed And of those you may read him at large in the saide chapters there following See Twelue men See the new booke of Entrise verbo Triall Trihing Trihinga vel Trithinga seemeth by a place in Edward the confessours lawes set out by M. Lamberd nu 34. to be the third part of a shire or prouince otherwise called Leth which we now call Leete The same lawe doth M. Camden also mention pag. 102. 103. This court is ahoue a court Baron and inferiour to the Shire or countie This word is also vsed in the sentence of excommunication vpon the great Charter and charter of the Forest denounced in the daies of Edward the first as it is latined in the booke called pupilla oculi parte 5. cap. 22. A. I. in these words Visus autem de franco plegio sic fiat sc quòd pax nostra teneatur quod Trihing a integra sit sicut esse consueuit c. Of this Fleta lib. 2. cap. 61. § final writeth thus Sciendum est quod alâ—â— potestates erant super Wapentakia quae Tritinga dicebantur eo quòd erat tertia pars prouinciae qni verò super eas dominabantur trithingreves vocabantur quibus deferebantur causa quae non in Wapentakiis poterant definiri in Schiram Sicque quòd vocatur Hundredum iam per variationem locorum idiomatis Wapentakie appellatur tria vel quatuor velplura Hundreda solebant trithinga vocari quod in trithingis non poterant diffiniri in shiram i. in comitatum deferebatur terminanduÌ„ Modernis autem temporibus pro vno eodeÌ„ habentur apud homines Hundreda Wapentakia trithinga Learne whether those diuisions in Yorke-shire called ridings be not quasitrithings Of this Roger Houeden parte post suorum annal fo 346. b. hath the same words in effect Treswell of double soled shooes anno 2. 3. Ed. 6. cap. 9. which as I haue heard should rather be written creswel signifieth the broad edge or verge of the shoe sole round about Trinitie honse is a certaine house at Deptford which belongeth to a companie or corporation of sea-faring men that haue power by the Kings Charter to take knowledge of those that destroy sea markes and to redresse their doings as also to correct the faults of saylers c. and to take care of diuers other things belonging to nauigation and the seas v. anno 8. Elizab. ca. 13. anno 35. eiusdem ca. 6. Trink is a kind of net to fish withall anno 2. H. 6. cap. 15. Triours be such as be chosen by the court to examine whether a challenge made to the panell or any of the panell be iust yea or not Brooke titulo Chalenge f. 122. ould na br f. 158. Tritis aliás Tristis is an immunitie from that attendance in the forest whereby euery man dwelling in the forest is tyed to be readie houlding of a Greyhound when the Lord of the Forest is disposed to chace within his Forest at such place as he shall be appointed or els to be amerced for dis default Manwood parte pri of his forest lawes pag. 86. and Cromptons Iurisdict fol. 192. 197. Tronage Tronagium is a kind of tolle Westm 2. cap. 25. anno 13. Ed. 1. taken as it seemeth for weying For I find in Fleta li. 2. cap. 12. § Item vlnas that trona is a beame to weigh with See Weight Trover commeth of the French Trouver i. Invenire It signifieth in our common lawe an action which a man hath against one that hauing found any of his goods refuseth to deliuer them vpoÌ„ demaund See the new bookof Entries ver Trover Troy weight Pondus Troiae See Weight Tumbrell Tumbrellum is an engine of punishment which ought to be in euery libertie that hath view of frank pledge for the coertion of skowldes and vnquiet women Kitchin fo 13. a. Newe booke of Entries Franchise 2. Quo warranto 〈◊〉 See Cucking stoole Tunne is a measure of oile or wine conteining twelue score and twelue gallons anno 〈◊〉 R. 3. cap. 12. that is 4. hogsheads Tunnage See Tonnage Turbarie Turbaria is an interest to digge turves vpon a common Kitchin fol. 94. old not br fol. 70. It commeth of the rude Latine word Turba which is vsed for a turfe Lynd in provin de deâ—imis cap. finaliâ— Turmerick Turmerica is a certaine roote of an herb growing in Arabia as I haue bene informed very wholsome for diuers diseases in horses and sometime vsed for man also in the case of ieandes It is reckoned among the garbleable drugs anno 1. Iaco. ca. 19. Turne Turnum is the Shyreeues court kept euery yeare twice once after Faster and againe after Micheelmas Magna charta cap. 35. and that within one moneth after each feast anno 3. Ed. 3. c. 15. from this court are exempted onely Archbishops Bishops Abbots Priors Earles Barons all religious men and women and all such as haue Hundreds of their owne to be kept And these are not bound
to appeare there except their apparence be especially required vpon some extraordinary cause anno 25. H. 3. cap. 10. and Britton cap. 29. It seemeth to be called the Shyreeues Turn of the French word Tour. i. ambitus circuitus vicissitudo and is of Britton called Tour cap. 61. sub fine capitis as if we would say The Shyreeue his course for as Britton noteth in the said 29. chapter that which before the Shyreeue is called the Shyreeues Turne is called in the court of Fraunchises and Hundreds the view of Frank-pledge wherein inquirie is especially made of such as be not in any dozin with whome Fleta agreeth And by Fleta it appeareth that this Turn was the Shyreeues course to keepe his courtin euery Hundred lib. 2. cap. 52. in princip So that as the inferiour courts had their times to take knowledge of those and other causes belonging to their cognisance So the Shyreeue had his course or turne to doe the like at these two seuerall seasons That if there were any defects in them it might be redressed in these and Gods peace and the Kings so much the more carefully obserued This as Lamberd saith was of old called also the Shyreeues moote lib. 4. cap. 4. In this court as Britton saith vbisupra the Shyreeue causeth tobe found out 12. of the most sage loyall and sufficient men of all the Hundred for he kept his turne twice every yeare in each Hundred Magna charta cap. 35. Britton vbi supra whome he charged vpon their oathes to present the truth touching the articles ministred vnto them and set downe by Britton in the same chapter This done he put all other to their oathes according to their dozins and villages truly to present vnto the former twelue all things concerning such articles as by them they should be asked of But fithence the Hundred courts are all called to the county by the statute anno 14. Ed. 3. cap. 3. Statut. pri these Turnes be likewise kept in one cheife place of euery shire and not seuerally in euery Hundred as before they were Of this you may reade more in Britton or in Cromptons Iurisdiction fol. 230. and in the Mirrour of Iustices lib. pri cap. de Turnes Turney Torneamentum commeth of the French Tournoy i. Decursorium It signifieth a martiall exercise of Knights or Souldiers fighting one with another in disport and is thus defined ca◠felicit Extra de Torneamentis Torneamenta dicuntur Nundinae vel feriae in quibus milites ex condicto convenire ad oftentationem virium suarum audaciae temerè congredi solent This word is vsed in the statute anno 24. Henric. octau capit 13. and as I haue heard it signifieth with vs in England those combats that are made with arming swords on horsebacke And I thinke the reason of the name to proceede from the French Tourner i. vertere because it consisteth much in agilitie both of horse and man Turno vececomitum is a writ that lyeth for those that are called to the Shyreeues turne out of their owne Hundred Register orig fol. 174. Tuain nithes gest hospes duarum noctium Roger Houeden parte poster suorum annalium fol. 345. b. who if he did harme to any his hoste was not aunswerable for it but himselfe See Thrid nithes hawan man Twelue men Duodecim homines legales is a number of twelue persons or vp wards to the number of 24. by whose discretion all tryals passe both in ciuill and criminall causes through all courts of the common law in this Realme First for ciuile causes when proofe is made of the mater in question as the parties and their councell thinke good on both sides the point of the fact that they are to giue their verdict of is deliuered likewise vnto them which we call the issue and then are they put in minde of their oath formerly taken to doe right betweene party and party and so sent out of the court seuerally by themselues to consider vpon the evidence of both sides vntill they be agreed which done they returne to the court againe and deliuer their verdict by the mouth of the foreman And according to this verdict Iudgement afterward passeth either condemnatorie for the plantife or absolutory for the Defendant These 12. be called 12. milites Glanuilo lib. 2. cap. 14. 15. and so be they in Bracton diuers times but that word is altered In causes criminall there be two sorts of Enquests one called the graund Enquest and the other the Enquest of life and death The graund Enquest is so called either because it consisteth commonly of a greater number then 12. as of 24. 18. or 16. at the least or els because all causes criminall or penall first passe through them whereas the other Enquest is especially appointed for one or few maters touching life and death committed to their considerations Those of the grand Enquest are also called by Bracton 12. milites lib. 3. tracta 2. cap. pri nu 2. because they were wont to be Knights as it see meth and not inferiours except so many knights could not be found Idem eodem num 1. in fine And their function is to receiue all presentments made vnto them of any offence and accordingly to giue their generall opinion of the presentment by writing either these words Balla vera vpon the bille of presentment which is an Inditement of the party presented or els this word Ignoramus which is an absoluing of him Now as criminall causes be of two sortes either capitall touching life and member or finable so is there a double course of these Inditements For in causes onely finable the party indited must either trauers the Inditement by denying it and so it is referred to a petit Iury whereby he is either conuicted or discharged of the crime or els he confessing it the court setteth his fine vpon his head wirhout more worke But in maters of life and death the party indited is commaunded to hold vp his hād āswer guilty or not guilty if guilty he standeth conuicted by his owne confession if not guilty he is farder referred to the Enquest of life and death which consider vpon the proofe brought against the prisoner and accordingly bring in their verdict Guilty or not Guilty So is he iudged to dye or deliuered by the court Of this read more in Iuditement Assise Iury See the statute anno 35. H. 8. cap. 6. 37. ciusdem cap 22. anno 2. Ed. 6 cap. 32. an 5. El. ca. 25. V VAcation vacatio hath an especiall signification in this kingdome being vsed for all that time respectiuely which passeth betweene terme and terme at London And when such times begunne and ended in our anncesters daies see Roger Hovedens annals parte posteriori fo 343. a. where you shall find that this intermission was called pax Dei ecclesiae Vaccarie aliâs vacharie vaccaria aliâs vacheria semeth to be a house to keepe kine in Fleta
lib. 2. cap. 41. § Item inquiratur 12. and Cromptons Iurisd fol. 194. in these words without warrant no subiect may haue within the Forest a vacarie But in the statute anno 37. H. 8. cap. 16. I finde vacharie to be as it were a speciall proper name of a certaine quantitie and compasse of ground within the forest of Ashedowne Valewe valentia valor The word is in it selfe plaine enough But I cannot omitte one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference betweene value and price These be his words And the value of those things in which offences are committed is vsually comprised in Inditements which seemeth necessary in thest to make a difference from perit larceny and in trespas to aggrauate the faulte and increase the fine But no price of rhings ferae naturae may be expressed as of deere of hares c. if they be not in Parks and warrens which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land And where the number of the things taken are to be expressed in the Inditement as of yong Doucs in a Doue house yong haukes in a wood there must be saide pretii or ad valentiam but of diuers deade things ad valentiam and not pretii of coine not current it shal be pretii but of coâ—ne current it shall neither be saide pretâ— nor ad valentiam for the price and value thereof is certaine But of counterfeit coine shall bee said ad valentiam and in couterfeiting of coine shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord hauing profered covenable mariage to the Infant without disparidgement against the Infant comming to his yeares if he refuse to take the Lords offer And it is to recouer the value of the mariage Regist orig fol. 164. old nat br fol. 90. Variance commeth of the French varier i. alter are it signifieth in the common lawe an alteration or change of condition after a thing done For example the communality of a towne make a composition with an Abbot Afterward this towne by a graunt from the king obteineth Bayliffes This is a variance and in this case if the AbbotcoÌ„mence any suite for breach of the composition he must varie from the words of the communalty set downe in the Composition and begin against the Bayliffes and the Communalties Brooke tit Variance fol. 292. It is also vsed for an alteration of some thing formerly laide in a plee which is easilier knowne what it is then when it may be vsed as it appeareth by Brooke through the whole title aforesaide See variance in the newe booke of Entries Vassall vassallus signifieth him that holdeth land in see of his Lord Hot. verbo Feudal we call him more vsually a tenent in fee whereof some owe fidelitie and seruice and are called vassalli iurati some that owe neither and are called vassalli iniurati But of this later sort I thinke that in England we haue not any Of these thus writeth Hotoman in his disputations vpon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accepit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est quasi qui in vassi fide clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is diuided into homologum non homologum Homologus is he that sweareth seruice with exception of a higher Lord and non homologus is he that sweareth with out exception all one with Ligeus And the same author verb. Vassallus saith that it is vassallus quasibassallus id est inferior soctus From the French bas i. humilis dimissus and the Dutch word gesel i. socius his reason is because the vassall is inferior to his master and must serue and reuerence him and yet he is in maner his companion because each of them is obliged one to the other He saith farder out of Cuiacius lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a litle after he saith thus In the lawes of the Feuds vassallus is called fidelis quia fidelitatem iurat Amongst vassals the first place of dignitie is giuen to them that are Duces Marchionâ—s Comites and are called Capâ—tanti Regni The second is granted to Barons and others of like estate and are called Valvasores Maiores The third to them who are called Gentlemen or Nobles holding of Barons which also may haue vnder them vassals that be Gentlemen And such vassals holding in chiefe of Barons are called Valv asoâ—ts minores And they which hold of Gentlemen are called vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called subvassores Thus faâ—e M. Skene Vasto is a writ that lyeth for the heire against the tenent for terme of life or of yeares for making waste or for him in the Reuersion or Remainder Fitzh 〈◊〉 br fol. 55. Regist orig fol. 72. 76. and Regist Iudic. fol. 17. 21. 23. 69. v. anno 6. Ed. pricap 5. Vavasour vavasor aliâs valvasor is one that in dignitie is next vnto Baron Camden Britan. pag. 109. Bracton lib. prim cap. 8 saith thus of this kind of men Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magnae dignitatis Vavasor enim nihil meliùs dici poterit quà m vas sortitum ad valetudinem Iacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them valvasores and giueth this reason of it Quia assident valva i. portae Domini in festis in quibus consueueruat homines curtizare eis reuerentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Britan. pag. 108. hath these words of them Primus etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores maiores si illis qui de feudis scribunt credimus iidem fuerunt Barones Venditioni exponas is a writ Iudiciall directed to the Vndershyreeue commaunding him to sell goods that he hath formerly by commaundement taken into his hands for the satisfying of a iudgement giuen in the kings Court Register Iudicial fol. 33. b. Venire facias is a writ Iudicall and goeth out of the Record lying where two parties plead and come to issue sc vpon the saying of the country For then the party plaintiffe or Defendant shall haue this writ directed to the Shyreeue that he cause to come twelue lawfull men
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