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A28468 Nomo-lexikon, a law-dictionary interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern lawes : with references to the several statutes, records, registers, law-books, charters, ancient deeds, and manuscripts, wherein the words are used : and etymologies, where they properly occur / by Thomas Blount of the Inner Temple, Esq. Blount, Thomas, 1618-1679. 1670 (1670) Wing B3340; ESTC R19028 517,540 312

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inde de opulentibus effecti miseri fodere non valentes aliquando inordinatâ concepta doloris anxietate deperiunt saepius in Cleri Ecclesiae scandalum nimid egestatis penuriâ mendicare miserabiliter compelluntur Litera missa omnibus Episcopis suffragancis Domini contra Choppe-Churches An. 1391. Spelm. de Conc. vol. 2. fol. 642. Church-Reve A Church-Warden Praepositus Ecclesiae or Gardianus Ecclesiae of whom thus Chaucer speaking of the Jurisdiction of Archdeacons Of Church-Reves and of Testaments Of Contracts and lack of Sacraments c. Church-Wardens Ecclesiae Gardiani Are Officers yearly chosen by consent of the Minister and Parishioners according to the custom of every place to look to the Church Church-yard and such things as belong to both and to observe the behavior of their Parishioners for such faults as appertain to the Jurisdiction or Censure of the Court-Ecclesiastick These are a kinde of Corporation enabled by Law to sue and be sued for any thing belonging to the Church or Poor of their Parish Anno 12 H. 7. cap. ult See Lambert in his duty of Church-Wardens Churchesset Ciricsceat Chirset or Curcscet Sax. Census vel tributum Ecclesiae Chirchescot Certam mensuram bladi tritici significat quam quilibet olim Sanctae Ecclesiae die Sancti Martini tempore tam Britonum quam Anglorum contribuerunt Plures tamen Magnates post Romanorum adventum illam contributionem secundum veterem legem Moysi nomine primitiarum dabant Prout in brevi Regis Knuti ad summum Pontificem transmisso continetur in quo illam contributionem Churchset appellant quasi semen Ecclesiae See Ciricsceat Seldens Hist of Tithes pag. 216. Et de essarto de prato de Chirset ejusdem villae c. Cart. de Anno 1 Edw. 3. num 3. And in Pat. 13 Edw. 4. par 2. m. 17. it is written Cherchez but the true Saxon is Cyricsceat Cinque Ports Quinque Portus Are those special Havens that lie towards France and therefore have been thought by our Kings to be such as ought most vigilantly to be preserved against Invasion In which respect they have an especial Governor or Keeper called by his Office Lord Warden of the Cinque Ports and divers priviledges granted them as a peculiar Jurisdiction their Warden having the authority of an Admiral among them and sending out Writs in his own name Crompton in his Jurisd fol. 28. names the Cinque Ports Dover Sandwich Rye Hastings Winchelsea Rumney Hithe whereof two must either be added to the first institution by some later Grant or be accounted as Appendants to some of the rest See Gardein of the Cinque Ports and the Stat. 32 Hen. 8. cap. 48. See Quinque Portus and 4 Inst fol. 222. Cippus A Pair of Stocks to put offenders in Habeant nec non Cippos conclusoria in singulis villis ad correctionem delinquentium Mon. Angl. 2 par fol. 349. a. Circuit of Action Circuitus Actionis Is a longer course of proceeding to recover the thing sued for then is needful As if a Man Grant a Rent-charge of x l. out of his Mannor of Dale and after the Grantee Disseiseth the Grantor of the same Mannor who brings an Assise and recovers the Land and xx l. damages which being paid the Grantee brings his Action for x l. of his Rent due during the time of the Disseisin which he must have had if no Disseisin had been This is called Circuit of Action because whereas the Grantor was to receive xx l. damages and pay x l. rent he might have received but x l. onely for damages and the Grantee might have kept the other x l. in his hands by way of Deteiner for his Rent and so have saved his Action Terms Ley. Circumspecte Agatis Is the Title of a Statute made in the Thirteenth of Edward the First Anno Domini 1285. prescribing certain Cases to the Judges wherein the Kings Prohibition lies not Coke lib. 7. fol. 44. Lib. 5. fol. 67. And 2 Part. Inst fol. 487. Circumstantibus i. By-standers Signifies the supply or making up the number of Jurors if any impaneld appear not or appearing be challenged by either party by adding to them so many of those that are present or standing by as will serve the turn 35 H. 8. c. 6. and 5 Eliz. cap. 25. Ciric seat Sax. Cyric-sceat Vectigal Ecclesiasticum frumenti tributum Church-scot a certain Tribute or Payment made to the Church commonly of Corn. Fleta calls it Circsed quasi Semen Ecclesiae debitum Joh. Southam ad Festum S. Martini in Yeme debet 1 Gallinam de redditu 5 Gallinas de Chirseat Custumar Monast de Bello fol. 87. a. This Tribute was anciently payable at the Feast of S. Martin and sometimes at Christmas as appears by Domesday and called by Sir Edw. Coke Church-seed on Littl. fol. 88. b. See Churchesset City Civitas Signifies with us as it doth in other Regions such a Town Corporate as hath a Bishop and a Cathedral Church Yet Crompton in his Jurisdictions in reckoning our Cities leaves out Ely though it have a Bishop and a Cathedral Church Anno 35 Eliz. cap. 6. Westminster is called a City and it appears by the Statute 35 Hon. 8. cap. 10. that then there was a Bishop of Westminster But by Letters Patent dated 21 May 2 Eliz. pursuant to an Act of Parliament of 1 Eliz. not Printed the Revenues of that late Monastery were vested in the Dean and Chapter of the Collegiate Church of Westminster which hath caused Error in the Pleadings of some Cases by styling it the Cathedral for Collegiate Church of Westminster Cassanaeus de Consuetud Burgun pag. 15. saith That France hath within its Territories 104 Cities and gives his reason Because there are so many Seats of Archbishops and Bishops Yet Sir Edward Coke notes Cambridge to be a City by ancient Record viz. Mich. 7 Rich. 1. Rot. 1. Though I finde no mention of its ever having been an Episcopal See On Littl. fol. 109. b. And in the Stat. 11 Hen. 7. cap. 4. it is called the Town of Cambridge Clack As to clack force and bard alias beard good Wooll Anno 8 Hen. 6. cap. 22. whereof the first viz. to clack Wooll is to cut off the Sheeps mark which makes it weigh less and so yield the less custom to the King To force Wooll is to clip off the upper and more hairy part of it to bard or beard it is to cut the head and the neck from the rest of the Fleece Claim Clameum Is a Challenge of Interest in any thing that is in the possession of another or at the least out of his own as Claim by Charter Claim by Descent c. Old Nat. Br. fol. 11. Si Dominus infra annum clameum qualitercunque apposuerit Bracton lib. 1. cap. 10. See the definition and divers sorts of Claim in Plowden Casu Stowel fol. 359. a. Clamea Aomittenda in itinere per Atturnatum Is a Writ
morum Was wont to be the name of the Regarders Office in ancient time Manwood Par. 1. pa. 195. See Regarder Uisne Vicinetum Signifies a Neighbour-place or a place near at hand Anno 16 Rich. 2. ca. 6. dicitur vicinetum in Jure nostro locus quem vicini habitant qui olim intelligebantur de eadem villa sive adjacentibus atque alias de eodem Hundredo vel proximit modo vero de eodem pago sive Comitatu 〈◊〉 hoc est compagenses Spelm. See Venew Uisu Franciplegii Is a Writ to exempt him from coming to the View of Frankpledge who is not resident within the Hundred For men are bound to this View by reason of their habitation and not of Lands held where they dwell not Reg. of Writs fo 175. Uitteller alias Uictualer Victualarius al. Vitellarius Is he that sells Victuals for whom there is a Writ in Fitz. Nat. Br. fol. 172. If they exercise their Trade bearing a Magistracy in any Town Corporate Uiva pecunia Anciently used for live Cattle See Pecunia Uiva voce See Deposition Uivary Vivarium Signifies a place on Land or Water where living things are kept In Law it most commonly signifies a Park Warren Fish-pond or Piscary Cokes second part Inst fol. 100. Haec est conventio inter Priorem Conventum Canonicorum de Rudham Rogerum de Glanvilla de Molendino stagno de Thorp sc quod Canonici reddent annuatim praefato Rogero 7 sol quemadmodum pater ejus Robertus de Glanvilla solebat habere tempore Michaelis Prioris si Rogerus de Glanvilla fuerit in Ructon vel uxor ejus ipse poterit piscari in Vivario absque Wasto cum Batello Canonicorum c. Anno 1171. 8 Maii. M. S. Penes Gul. Dugdale Arm. Ulnage See Alnage Uncore prists Is a Plea for the Defendant being sued for a debt due at a day past to save the forfeiture of his Bond saying he tendred the debt at the time and place and that there was none to receive it and that he is yet also ready to pay the same 7 Edw. 6. 83 Dyer See Unques prist Uncuth Sax. Unknown It is used in the ancient Saxon Laws for him that comes to an Inn guest-wise and lies there but one night in which case his Host was not bound to answer for any offence he committed whereof he was guiltless himself See Lamb. Archai fol. 133. num 7. Item secundum antiquam consuctudinem dici poterit de familia alicujus qui hospes fuerit cum alio per tres noctes quia prima nocte poterit dici Uncuth Secunda vero Gust tertia nocte Hoghenehine Bracton lib. 3. cap. 10. num 2. See Thirdnightawnhine Unde nihil habet Is a Writ See Dote unde nihil habet Under-chamberlain of the Exchequer Is an Officer there that cleaves the Tallies written by the Clerk of the Tallies and reads the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true he also makes searches for all Records in the Treasury and hath the custody of Domesday Book There are two Officers there of this name Under Sheriff Subvicecomes See Sheriff Under sitter Is an Inmate See Inmate Undertakers Were such as were employed by the Kings Purveyors as their Deputies Anno 2 3 Phil. Ma. cap. 6. And such as undertake any great work as draining of Fens c. Anno 43 Eliz. cap. 11. Under Treasurer of England Vicethesaurarius Angliae Anno 39 Eliz. cap. 7. This Officer is confounded in other Statutes with Treasurer of the Exchequer as in 35 Eliz. In the vacancy of the Lord Treasurers Office he does all things in the Receipt that the Lord Treasurer doth Anciently he did Chest up the Kings Treasure at the end of every Term and note the content of Money in each Chest and see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer c. Uniformity Uniformitas One form of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies in the Church of England prescribed by the Statutes 1 Eliz. cap. 2. And 14 Car. 2. cap. 4. Union unio Is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and Incumbent But there are two other sorts of it as when one Church is made subject to the other and when one Man is made Rector of both and when a Conventual is made Cathedral as you may read in the Gloss of the Chapter Licet de locato conducto in Lyndwoods Provincials Sect. Et quia In the first signification by the Statute 37 Hen. 8. cap. 21. It was made lawful to make an Union or Consolidation of two Churches in one whereof the value of the one is not above six pounds in the Kings Books of the First Fruits and not above one mile distant from the other And by another Statute 17 Car. 2. cap. 3. It shall be lawful for the Bishop of the Diocess Major Bailiff c. of any City or Corporate Town and the Patron or Patrons to unite two Churches or Chappels in any such City Town or the Liberties thereof provided such Union shall not be good if the Churches so united exceed the sum of One hundred pound per annum unless the Parishioners desire otherwise c. Unity of Possession Signifies a Joynt-possession of two Rights by several Titles As if I take a Lease of Land from one upon a certain Rent afterwards I buy the Fee-simple this is an Unity of Possession whereby the Lease is extinguished by reason that I who had before the occupation onely for my Rent am become Lord of the same and am to pay my Rent to none but my self University Universitas Is most usually taken for those two Bodies which are the Nurseries of Learning and Liberal Sciences in this Realm Oxford and Cambridge endowed with great favors and priviledges as appears not onely by Anno 2 3 Ph. Mar. cap. 15. 13 Eliz. cap. 21. 18 Ejusdem cap. 6. But much more by their several Charters granted by divers pious and munificent Kings of this Land Anno 14 Car. 2. cap. 4. Unlage Sax. Un-laga A wicked or unjust Law In which sence the word occurs in LL. Hen. 1. cap. 34. 84. Unlawful Assembly Illicita Congregatio Is the meeting of three or more persons together with force to commit some unlawful Act and abiding together though not endeavoring the execution of it as to assault or beat any person to enter into his House or Land c. West par 2. Symbol tit Indictments sect 65. Lambert in his Eiren. cap. 19. By the Statute of 16 Car. 2. cap. 4. And 22 Ejusdem cap. 1. If five persons or more shall be Assembled together above those of the Family at any Conventicle or Meeting under colour of any Exercise of Religion it is unlawful and punishable by Fines and otherwise as in
Incarnation of our Lord JESUS and is used in publick writings sometimes with and sometimes without the year of the Kings reign As the Romans made their computation from the Building of the City Rome and the Grecians by Olympiads So Christians in remembrance of the happy Incarnation of our Saviour reckon their time from thence The day of the Moneth the Year of our Lord and Saviour Christ and the Year of the Kings reign are the usual Dates of Deeds Cokes 2 Inst fol. 675. Annuity annuus redditus Signifies a Yearly Rent to be paid for term of Life or Years or in Fee and is also used for the Writ that lies against a Man for recovery of such a Rent Register of Writs fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise defined to be a certain sum of Money granted to another in Fee-simple Fee-tail for Life or Years to receive of the Grantor or his Heirs so that no Free-hold be charged therewith whereof a man shall never have Assize or other Action but a Writ of Annuity Doctor and Student Dial. 1. cap. 3. Shews several differences between a Rent and an Annuity whereof the first is That every Rent be it Rent-charge Rent-service or Rent-seek is issuing out of Land but an Annuity chargeth the person onely that is to say The Grantor or his Heirs that have Assets by descent The second is That for the recovery of an Annuity no Action lies but onely the Writ of Annuity against the Grantor his Heirs or Successors but of a Rent the same Actions lie as do of Land as the Case requires The third difference is That an Annuity is never taken for Assets because it is no Free-hold in Law nor shall it be put in Execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. numb 2. Coke on Littl. fol. 144. b. Anoisance alias Nusance Fr. Nuisance i. Hurt or Offence Hath a double signification being used as well for any hurt done either to a publick place as High-way Bridge or Common River or to a private by laying any thing that may breed infection by incroaching or such like means As also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoisance I finde Anno 22 Hen. 8. cap. 5. Ansel weight See Aunsel Apostata capiendo Is a Writ now out of use that lay against one who having entred and professed some Order of Religion brake out again and wandered the Countrey contrary to the Rules of his Order The form whereof with other circumstances you shall finde in the Register of Writs fol. 71. 267. And Fitz. Nat. Br. fol. 233. Apparator Anno 21 Hen. 8. cap. 5 A Messenger that cites offenders to appear in the Spiritual Court and serves the Process thereof Apparlement of the Fr. pareillement i. likewise or in like manner Signifies a resemblance or likelihood as Apparlement of War mentioned in our Statutes Appeal Fr. Appel Is as much as accusatio with the Civilians For as in the Civil Law Cognizance of Criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon Indictment or Appeal Indictment comprehending both Inquisition and Denunciation and Accusation or Appeal is a lawful Declaration of another Mans crime which by Bracton must be Felony at least before a competent Judge by one that sets his name to the Declaration and undertakes to prove it upon the penalty that may ensue of the contrary For the whole course of an Appeal I must refer you to Bracton lib. 3. tract 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton cap. 22 25. And to Stamf. Pl. Coron lib. 2. cap. 6 7 c. An Appeal is commenced two ways either by Writ or by Bill Appeal by Writ is when a Writ is purchased out of the Chancery by one to another to this end that he Appeal a third of some Felony committed by him finding Pledges that he shall do it and deliver this Writ to the Sheriff to be recorded Appeal by Bill is when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner offering to undergo the burden of Appealing the person therein named This point of our Law among others is drawn from the Normans which appears plainly by the Grand Customary cap. 68. Where there is set down a solemn discourse both of the effects of this Appeal viz. The Order of the Combat and of the Tryal by Inquest which by our Law is in the choice of the Defendant See New Book of Entries verbo Appel Book of Assizes fol. 78. And 3 Part. Inst fol. 131. Appeal of Maihem Is an accusing of one that hath maimed another But that being no Felony the Appeal thereof is but in a manner an Action of Trespass because there is nothing recorded but damages Bracton calls this Appellum de Plagiis Mahemio and writes a whole Chapter of it Lib. 3. Tract 2. cap. 24. See Coke Vol. 4. fol. 43. a. In King Johns time there is recorded an Appeal against a Jew Qui fecit ementulari quendam nepotem suum Appeal of wrong Imprisonment Is used by Bracton for an Action of wrong Imprisonment Lib. 3. Tract 2. cap. 25. Appeal from Appello to call because Appellans vocat reum in judicium Coke on Littl. lib. 2. cap. 11. Is divers times used in our Common Law as in the Civil which is for a removing of a Cause from an Inferior Judge to a Superior As Appeal to Rome Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar But more commonly for the private accusation of a Murderer by a Person who had interest in the party murdered or of any Felon by one of his Complices in the Fact See Approver and see Coke on Littl. fol. 287. b. Appellor or Appealor Is he who hath committed some Felony which he confesses and now Appeals that is Accuses others who were complices with him And those that are so appealed are called Appealees Anno 28 Edw. 1. See Approver Appendant appendens Is an Inheritance belonging to another that is more worthy as Accessorium principali with the Civilians or Adjunctum subjecto with the Logicians An Hospital may be Appendant to a Mannor Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold Westm 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription See Coke on Littl. fol. 121. b. Appennage or Apennage Fr. The portion of the Kings younger Children in France a Childes part They have in France a Fundamental Law which they call the Law of Apennages whereby the Kings younger Sons have Dutchies Counties or Baronies granted unto them and their Heirs or Heirs-males of their Bodies the Reversion reserved to the Crown and all Matters of Regality as Coynage Levying Taxes and the like It is derived Ab appendendo or from the German word Avanage which signifies a
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. pa●d to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit huju●●●ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was there●y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feri● Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per