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
as well as in other Lords Of which I finde mention in the Statute of 27 Hen. 8. cap. 10. This Imposition seems to have descended to us from Normandy or rather from a more ancient Original viz. The Feodal Laws For in the Grand Custumary cap. 35. you have a Tractat entituled 〈◊〉 aides Chevelz i. De auxiliis capitalibus whereof the first is A faire Paine filz de son seigneur Chevalier i. To make the eldest son Knight The second Son ainee fille marier i. To marry the eldest daughter c. Both these and all charges incident thereunto are taken away and discharged by Statute 12 Car. 2. cap. 24. This word Aid is also particularly used in Matter of Pleading for a Petition made in Court for the calling in of help from another that hath an interest in the Cause in question and is likely to give strength both to the party that prays in Aid of him and also to avoid a prejudice growing toward his own right if not prevented But this course of proceeding is of late much disused Fitz-Herbert mentions both Prier in Ayde and Prier Ayde de Patron c. Auxilium petere à patrono Nat. Br. fol. 50. d. And the New Book of Entries verbo ayde de parcener fol. 411. col 4. The word is also found in 13 Rich. 2. cap. 17. This Ayd-prier or Aid-prayer is sometime also used in the Kings behalf that there be no proceeding against him till his Council be called and heard what they can say for avoiding the Kings prejudice or loss in the cause in hand Also a City or Borough that hath a Fee-Farm of the King may pray in Ayd of him if any thing be demanded of them relating thereto Of this you may read the Statute De Bigamis An. 4 Edw. 1. cap. 1. 2 3. 14 Edw. 3. Stat. 1. cap. 14. 19 Car. 2. cap. 8. Vide Resceit Aile of the Fr. aieul i. avus signifies a Writ that lies where the Grand-father or great Grand-father called by us Besaile but in true French Bisaycul was seised of any Land or Tenement in Fee-simple the day he died and a Stranger abateth or enters the same day and dispossesseth the Heir Fitz. Nat. Br. fol. 222. See Plowden fol. 449. b. Airie of Hawks See Aerie Alba firma Census annalis qui Centenario sive Domino Hundredi penditur Ideo alba dicta quod non ex more prisci saeculi in anuon â quae tunc Black mail nuncupata fuit hoc est census vel firma nigra sed argento quasi censu albo reddebatur Spelman Duplex est tenura in Com. Westmerland scil una per Albam firmam alia per Cornagium c. 2 Part. Inst fol. 10. Alderman Sax. Ealdorman i. Senior Was among the Saxons as much as Earl among the Danes Camb. Brit. fol. 107. Also an Elder Senator or Statesman At this day we call them Aldermen who are associates to the Civil Magistrate of a City or Town Corporate 24 H. 8. cap. 13. See Spelmans Glossarium at large on this word where you shall finde that we had here anciently a title of Aldermannus totius Angliae Hic requiescit D. Ailwinus inclyti Regis Eadgari cognatus totius Angliae Aldermannus hujus sacri Caenohii i. Ramesien miraculosus Fundator Alepiman alepimannus Omnis Alepiman de tota Soca de Hecham debet singulis annis unum Denarium de Chevagio operabitur per tres Dies in antumpno exceptis illis qui ab hac servitute liberi sunt Consuetudinar de Hecham Prior. Lew. M. S. pag. 21. Videtur Alepimannos istos mancipia fuisse Chevagii enim solutio servitutis judicium est Spelman Aler sans jour Fr. Is verbatim to go without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 104 Ale-silver A Rent or Tribute yearly paid to the Lord Major of London by those that sell Ale within the City Antiq. of Purveyance fol. 183. Aletaster Is an Officer appointed in every Court Leet and sworn to look to the Assize and goodness of Bread and Ale or Beer within the Precincts of that Lordship Kitchin fol. 46. where you may see the Form of his Oath Alias vide Capias alias Alien alienare signifies to transfer the property of any thing to another person To Alien in Mortmain is to make over Lands or Tenements to a Religious House or other Body Politick See Mortmain To alien in Fee is to sell the Fee-simple of any Land or Tenements or of any Incorporeal right Westm 2. cap. 25. Anno 13 Edw. 1. Alien alienus One born in a strange Countrey It is usually taken for the contrary to Denizen or a natural subject that is a stranger never here enfranchised Brook Denizen 4 c. Yet a man born out of the Land so it be within the limits of the Kings obedience beyond the Seas or of English Parents out of the Kings obedience so the Parents at the time of the Birth be of such obedience is no Alien in account but a Subject to the King Stat. 2. 25 Edw. 3. commonly called the Statute De natis ultra mare Also if one born out of the Kings alleagiance come and dwell in England his Children begotten here are not Aliens but Denizens See Denizen Alimony alimonia Nourishment maintenance But in a modern legal sence it signifies that portion or allowance which a married Woman sues for upon any occasional separation from her Husband wherein she is not charged with Elopement or Adultery This Alimony was anciently expressed by rationabile estoverium for reasonable maintenance Rex Vic. Bucks salutem Praecipimus tibi quod de Maritagio Emmae de Pinckeney uxoris Laurentii Penire qui excommunicatus est eo quod praedictam Emmam affectione maritali non tractat eidem Emmae rationabile estoverium suum invenias donec idem Laurentius vir suue eam tanquam uxorem suam tractaverit ne iteratus clamor ad nos inde perveniat T. 29 Aug. Anno Regni nostri 7. Rot. Claus 7. Hen. p. 1. m 3. Allay Fr. Is used for the temper or mixture of other Metals with Silver or Gold Anno 9 Hen. 5. Stat. 2. cap. 4. and Stat. 1. cap. 11. The reason of which Allay is with a baser metal to augment the weight of the Silver or Gold so much as may countervail the Princes charge in the Coyning and to make it the more fusile Anto. Faber de Nummariorum debitorum solutionibus cap. 1. Anno 4 Hen. 7. cap. 2 Allocation allocatio A placing or adding unto also allowance made upon an account used in the Exchequer Allocatione facienda Is a Writ directed to the Lord Treasurer and Barons of the Exchequer upon a Complaint of some Accomptant commanding them to allow him such sums as he hath by vertue of his Office lawfully and reasonably expended Register of Writs fol. 206. b. Allodium See Fee Alluminor
relinquenda erat in scriptis a liter permitteretur Terra inde Haereditaria nuncupata LL. Aluredi cap. 36. See Charter-land and Landboc And see Glossarium in decem Scriptores Bodies Politick See Corporation Boilary or Bullary of Salt Salina A Salt-house or Salt-pit where Salt is boiled and made Coke on Littl. fol. 4. b. From the Fr. Bovillon a Boiling or Bubbling Bolting At Greys-Inn the manner is thus An Ancient and two Barrasters sit as Judges three Students bring each a Case and the Judges chuse which of them shall be argued which done the Students first argue it then the Barrasters It is inferior to Mooting and may be derived from the Saxon Bolt a House because done privately in the House for instruction Bona fide i. With a good Faith we say that is done Bona fide which is done really with a good Faith without dissimulation or fraud It is used Anno 12 Car. 2. cap. 18. and 15 Car. 2. cap. 5. Bonaght or Bonaghty Was an Exaction in Ireland imposed on the Subjects at the Will of the Lord for relief of the Knights called Bonaghti who served in the Wars Antiq. Hibern pag. 60. Camden in his Britan. tit Desmond says James Earl of Desmond imposed upon the People those most grievous Tributes of Coyn Livery Cocherings Bonaghty c. Bona notabilia Where the party dying hath at time of his death Goods or good Debts in any other Diocess or peculiar jurisdiction within that Province besides his Goods in the Diocess where he dies amounting to the value of 5 l. at the least he is said to have Bona notabilia and then the Probat of his Will or granting Administration belongs to the Archbishop of the Province whether it be within that of Canterbury or York But this does not prejudice those Diocesses where by Composition or Custom Bona notabilia are rated at a greater sum Book of Canons 1 Jac. Can. 92 93. Perkins sect 489. See Probat of Testaments Bona Patria An Assise of Countrey-men or good Neighbors sometimes it is called Assisa bonae patriae when twelve or more Men are chosen out of any part of the Countrey to pass upon Assise otherwise called Juratores because they are to swear judicially in presence of the party c. Skene See Assisors Bond Bondage and Bondmen See Nativus Bondmen in Doomsday are called Servi and differed from Villani Et de toto tenemento quod de ipso tenet in Bondagio in Soca de Nortone cum pertin Mon. Angl. 2. par fol. 609. a. Bonis Arrestandis Is a Writ which see in Arrestandis bonis Bonis non amovendis Is a Writ to the Sheriffs of London c. to charge them that one against whom a Judgment is obtained in an Action and who prosecutes a Writ of Error be not suffered to remove his Goods till the Error be tryed Reg. of Writs fol. 131. b. Booting or Boting Corn Certain Rent-Corn anciently so called The Tenants of the Mannor of Haddenham in Com. Bucks heretofore paid Booting Corn to the Prior of Rochester Antiquity of Purveyance fol. 418. Perhaps it was so called as being paid by the Tenants by way of Bote Boot we still call it or compensation to the Lord for his making them Leases c. See Bote. Bordagium The Tenure of Bord-lands which see Item ordinatum est quod omnes qui terras tenementa tenent per Bordagium habeant super singulis Bordagiis quae per praedictum servicium tenentur capitalem quandam mansionem in loco ad hoc consueto c. Ordinac Justic Itin. in Insula de Jersey Bordarii seu Borduanni Often occur in Domesday by some esteemed to be Bores Husbandmen or Cotagers which are there always put after Villains Dicantur Bordarii vel quòd in tugurio quae Cottagia vocant habitabant seu villarum limitibus quasi Borderers Spelm. Tenentes per servitia plus servilia quam villani qui tenent nisi paucas acras M. S. but see Bordlands Bord-halfpeny Sax. Bord tabula and hafpeny obolus Is Money paid in Fairs and Markets for setting up Tables Bords and Stalls for sale of Wares In antiquis Chartis multi immunes fiunt ab ista solutione says Spelman It is corruptly written Borthalpeny and Brodhalpeny in some Authors Bord-lands The Lands which Lords keep in their hands for maintenance of their Bord or Table Est Dominicum quod quis habet ad mensam suam propriè sicut sunt Bord-lands Anglicè i. Dominicum ad mensam Bract. lib 4. tract 3. cap. 9. num 5. Which possession was anciently termed Bordage Sax. Dict. verbo Bord. And the Bordarii often mentioned in Domesday were such as held those Lands which we now call Demain Lands See Antiq. of Purveyance fol. 49. Borow or Borough Sax. Borhoe Fr. Burg Signifies a Corporate Town which is not a City Anno 2 Edw. 3. cap. 3. As also such a Town or place as sends Burgesses to Parliament the number whereof you may see in Cromp. Jurisd fol. 24. Probably Borhoe was anciently taken for those Companies consisting of Ten Families which were combined to be one anothers Pledge See Bracton lib. 3. tract 2. cap. 10. and Lamberts Duty of Constables pag. 8. Verstegan says That Burg or Burgh whence we say Borough signifies a Town having a Wall or some kinde of Enclosure about it and that those places which in old time had among our Ancestors the name of Borough were one way or other fenced or fortified See Head-borow and Borow-head Borow-head alias Head-borow from the Sax. Borhoe and Head signifies according to Lambert in his Treatise of Constables the Head-man or cheif pledge of the Decury or Borow chosen by the rest to speak and act in their name in those things that concerned them Borow-holders alias Bursholders quasi Borhoe-ealders are the same with Borowheads Bracton calls them Borghy-Alders Lib. 3. tract 2. cap. 10. Borow-English Sax. Borhoe Englisc Is a customary Descent of Lands whereby in all places where this Custom holds Lands and Tenements descend to the youngest Son or if the owner have no issue to his youngest Brother as in Edmunton Kitchin fol 102. And the reason of this Custom according to Littleton is For that the youngest is presumed in Law to be least able to shift for himself Borow Goods Divisable These words are found in the Statute of Acton Burnel 11 Edw. 1. As before the Statutes of 32 34 Hen. 8. no Lands were Divisable at the Common Law but in ancient Baronies so perhaps at the making the foresaid Statute of Acton-Burnel it was doubtful whether Goods were Divisable but in ancient Borows For it seems by the Writ De rationabili parte bonorum anciently the Goods of a Man were partable between his Wife and Children Borthalpeny See Bord-halpeny Boscage Boscagium Is used for that Food which Wood and Trees yield to Cattle Mast From the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pascere Boscaria Ut ipsi possunt domos
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. paâ—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
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
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant and endowed it with such Royal Right as the County Palatine of Chester had And for as much as it was afterward extinct in the Person of King Henry the Fourth by reason of the Union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. fol. 202. Duplicat Is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a Case wherein he had formerly done the same and was therefore thought void Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or borough-Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
with an Adulterer whereby without voluntary submission or reconcilement to her Husband she shall lose her Dower by the Stat. of Westm 2. ca. 34. according to this old Dystich Sponte virum mulier fugiens Adultera facta Dote sua careat nisi sponso sponte retracta A Woman thus leaving her Husband is said to Elope and her Husband in this case shall not be compell'd to allow her any Alimony See Alimony I am perswaded the word is taken from the Saxon geleowan i. To depart from one place to dwell in another the Saxon w being easily mistaken for a p. Emblements from the French Emblâ—vence de bled i. Corn sprung or put up above ground Signifies strictly the Profits of Land which has been Sowed but the word is sometimes used more largely for any Profits that arise and grow naturally from the Ground as Grass Fruit Hemp Flax c. If Tenant for Life sow the Land and die his Executor shall have the Emblements and not he in reversion But if Tenant for years sow the Land and before severance the term expires there the Lessor or he in reversion shall have the Emblements and not the Lessee Vide Coke lib. 11. fol. 51. Embraceor Anno 19 Hen. 7. ca. 13. Is he that when a Matter is in Trial between Party and Party comes to the Bar with one of the Parties having receiv'd some Reward so to do and speaks in the Case or privately labors the Jury or stands there to survey or over-look them whereby to awe or put them in fear The Penalty whereof is 20 l. and Imprisonment at the Justices discretion by the said Statute Embracery Is the Act or Offence of Embraceors To instrnct the Jury or promise reward for or before appearance is Embracery Noys Rep. fol. 102. Embre or Embring-dayes Anno 2 3 Edw. 6. ca. 19. Are those which the ancient Fathers called Quatuor tempora and are of great Antiquity in the Church being observâ—d on Wednesday Friday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood day in September and St. Lucy's day in December and are so called from the Saxon ymb-ren i. cursus vel circulus because constantly observ'd at set seasons in the course or Circuit of the Year They are mention'd by Britton ca. 53. and others In 3 Part. Inst fol. 200. it is said These Embring dayes are the week next before Quadragesima which is a great mistake Emendals Emenda Is an old word still used in the Accounts of the Inner-Temple where so much in Emendals at the fcot of an Account signifies so much in the Bank or Stock of the House for Reparation of Losses or other emergent occasions Quod in restaurationem damni tribuitur says Spelman Empanel Ponere in Assisis Juratis Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule or Roll of Paper by the Sheriff whom he has Summon'd to appear for the performance of such Publick Service as Juries are employ'd in See Panel Emparlance From the French Parler to speak Signifies a Desire or Petition in Court of a Day to pause what is best to do the Civilians call it Petitionem induciarum Kitchin fol. 200. says If he imparl or pray continuance c. where praying continuance is spoken interpretatively and fol. 201. mentions imparlance general and special The first seems to be that which is made onely in one word and in general terms Emparlance special where the Party requires a Day to deliberate adding also these words Saluis omnibus advantagiis tam ad jurisdictionem Curiae quam ad breve narrationem or such like Britton useth it for the conference of a Jury upon the Cause committed to them ca. 53. See Imparlance Encheson French Signifies occasion cause or reason wherefore any thing is done 50 Ed. 3. ca. 3. See Skene in hoc verbum Encroachment or Accroachment Fr. Accrochement i. A grasping or hooking Signifies an unlawful encroaching or gathering in upon another man As if two mens Grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings Rent-service and the Lord exacts three So Hugh and Hugh Spencer encroached unto them Royal Power and Authority Anno 1 Edw. 3. in Proaem Enditement Indictamentum from the French Enditer i. Deferre nomen alicujus Is a Bill or Declaration drawn in form of Law for the benefit of the Common-wealth and exhibited by way of Accusation against one for some offence either Criminal or Penal and preferred unto Jurors and by their Verdict found and Presented to be true before a Judge or Officer that has power to punish or certifie the Offence An Inditement is alwayes at the Sute of the King and differs from an Accusation in this That the Preferrer of the Bill is no way tied to the Proof of it upon any Penalty except there appear conspiracy See Stamf. pl. Cor. lib. 2. ca. 23. usque 34. Enditements of Treason and of all other things ought to be most curiously and certainly penned Coke 7. Rep. Calvins Case The day year and place must be put in See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst fol. 134. Endowment Dotatio Signifies the bestowing or assuring of a Dower See Dower But it is sometimes used Metaphorically for the setting forth or severing a sufficient portion for a Vicar towards his perpetual maintenance when the Benefice is appropriated See Appropriation and the Stat. 15 Rich. 2. ca. 6. Endowment de la plus belle part Is where a man dying seized of some Lands holden in Knights-service and other some in Soccage the Widow is sped of her Dower in the Lands holden in Soccage as being the fairer or better part Of which see Lattleton at large lib. 1. cap. 5. Enfranchise French Enfranchir To make Free to Incorporate a man into any Society or Body Politic to make one a Free Denizen Enfranchisement French Signifies the Incorporating a Man into any Society or Body Politick For example he that by Charter is made Denizen of England is said to be Enfranchised and so is he that is made a Citizen of London or other City or Burgess of any Town Corporate becaufe he is made partaker of those Liberties that appertain to the Corporation whereinto he is Enfranchised So a Villain was Enfranchised when he was made Free by his Lord. Englecerie Englecherie or Engleschyre Engleceria Is an old abstract word signifying the being an Englishman For example if a Man were privily slain or murdered he was in old time accounted Francigena which comprehended every alien especially Danes until Englecerie was proved that is until it were made manifest that he was an Englishman Bracton lib. 3. tract 2. cap. 15. num 3. This Englecery for the abuses and troubles that afterward were perceived to grow by it was absolutely taken away by Stat. 14 Edw. 3. cap. 4. Enheritance See Inheritance Enitia pars See Esnecy Enquest Fr. Lat. Inquisitio Is especially taken
effect Soccage Fitz. Nat. Br. fol. 84. This is taken away and discharged by Act of Parliament 12 Car. 2. cap. 24. See Capite Eskippeson Shipping Cesie Endenture faite parentre lui noble home Mons Thomas Beauchamp Counte de Warwyke d'une parte John Russell Escuier d'autre parte Tesmoigne c. Et que le dit John aura Eskypesoun covenable pour son passage repassage outre meer as cusiages le dit Counte c. done a Warwyke 2 Jan. 50 Edw. 3. Esnecy Aeisnecia Fr. Aisneesse i. Dignitas Primogeniti Is a Prerogative allowed the eldest Coparcener to chuse first after the Inheritance is divided Fleta lib. 5. cap. 10. sect In Divisionem Salvo capitali Mesuagio primogenito Filio pro dignitate Aeisneciae suae Glan◠lib. 7. cap. 3. Jus Esnetiae i. Jus Primogeniturae In the Statute of Marlbridge cap. 9. it is called Initia pars Haereditatis See Coke on Lattl fol. 166. b. Esples Expletia from Expleo Are the full Profits which the Ground or Land yields as the Hay of the Meadows the Feed of the Pasture the Corn of the Arable the Rents Services and such like Issues The Profits comprised under this word the Romans properly call Accessiones Note that in a Writ of Right of Land Advowson or such like the Demandant ought to alleage in his Court That he or his Ancestors took the Esplees of the thing in demand else the Pleading is not good T. Ley. Espervarius and Sparverius Fr. Espervier A Spar-Hawk Char. Foresta cap. 14. Reddit solut Willielmo Talboys Arm. ad Manerium suum de Kyme pro omnibus serviciis secularibus unum Espervarium vel 2 s. per annum ad Festum Sancti Mich. c. Comput Davidis Gefferon Collect. Redd de Wragby Anno 35 Hen. 6. Dicunt quod Ricardus de Herthall die quo obiit tenuit Manerium de Poley in Com War in Dominico suo ut de feodo per fidelitatem servitium unius Espervarii vel 2 s. ad Festum S. Jacobi c. Esc de Anno 19 Edw. 2. num 53. Esquier Was originally he who attending a Knight in time of War did carry his Shield whence he was called Escuier in French and Scutifer or Armiger in Latin Howbeit this Addition hath not of long time had any respect at all to the Office or employment of the person to whom it hath been attributed but been meerly a title of dignity and next in degree below a Knight Those to whom this title is now of right due are All the Younger Sons of Noblemen and their Heirs-male for ever The Four Esquiers of the Kings Body the Eldest Sons ot all Baronets so also of all Knights of the Bath and Knights Batchelors and their Heirs-male in the right Line Those that serve the King in any Worshipful Calling to use Camdens words as the Serjeant Chirurgeon Serjeant of the Ewry Master Cook c. Such as are created Esquiers by the King with a Collar of S. S. of Silver as the Heraulds and Serjeants at Ar 〈…〉 The cheif of some ancient Families are likewise Esquiers by Preseription those that hear any Superior Office in the Commonwealth as High Sheriff of any County who retains the title of Esquire during his life in respect of the great trust he has had of the Posse Comitatus He who is a Justice of Peace has it during the time he is in Commission and no longer if not otherwise qualify'd to bear it Vtter Barrasters in the late Acts of Parliament for Pol-Money were ranked among Esquires and so wete many wealthy Men by reason they were commonly reputed to be such and paid accordingly In Walsinghams History of Richard the Second we read of one John Blake who is said to be Juris Apprenticius and has the Addition of Scutifer there given him but whether intituled thereto by reason of that his Profession or otherwise does not appear See Camd. Brit. fol. 111. And 2 Inst fol. 595. A Principe fiunt Armigeri vel scripto vel Symbolo vel munere Scripto cum Rex sic quempiam constituerit Symbolo quum collum ergo alicujus argenteo sigmatico hoc est torque ex SS confecto adornaberit eumve argentatis calcaribus ad discrimen equitum qui aureis usi sunt donavorit Tales in occidentali Angliae plaga ut aliquando didici in conventu rei antiquae studiosorum White spurrs dicti sunt Munere cum ad munus quempiam evocaverit vel in Aula vel in Reipub. Armigerō designatum cujusmodi multa hodie patribus nostris incognita Inter Armigeros qui fiunt non nascuntur primarii habentur quatuor illi Armigeri ad Corpus Regis Esquires of the Body quos Equitum filiis primogenitis anteponendos asserunt Thus the Learned Spel. in whose Glossarium you may find mention of another species of Esquires viz. Squier born de quater Cotes OMnibus Walterus de Pavely miles filius quondam Reginaldi de Pavely salutem Novertitis me obligari Rogero Marmion filio quondam Philippi Marmion omnibus diebus vitae suae in una Roba cum pellura de secta Armigerorum meorum annuatim ad Festum Nativitatis Domini percipiend sine aliqua contradictione vel retractione mei vel haeredum meorum aut assignatorum Ad quam quidem solutionem Robae praedictae cum pellura annuatim ad terminum supradictum fideliter persoluendum obligo me haredes meos bona catalla nostra mobilia immobilia ubicunque fuerint inventa in maneriis meis in Hundredo de Westbury existentibus vel extra c. sine dat Ex codice M. S. penes Gul. Dugdale Arm. Essendi quietum de Tolonio Is a Writ that lies for Citizens and Burgesses of any City or Town that have a Charter or Prescription to exempt them from paying Toll through the whole Realm if it chance that the same is any where exacted of them Fitz. Nat. Br. fol. 226. Essoin Essonium from the Fr. Essonie or Exonnie i. Causarius miles he that has his presence forborn or excused upon any just cause as sickness or other impediment Signifies an alleadgment of an Excuse for him that is summon'd or sought for to appear and answer to an Action real or to perform Sure to a Court-Baron upon just Cause of absence It is as much as excusatio with the Civilians The causes that serve to Essoin any Man Summon'd are divers yet drawn to five Heads whereof the First is ultra mare the Second de terra sancta the Third de malo veniendi which is also called the common Essoin the Fourth is de malo lecti the Fifth de servitio Regis For further knowledge of these I refer you to Glanvile lib. 1. Bracton lib. 5. tract 2. per totum Britton ca. 122 125. and to Horns Mirror lib. 7. ca. des Essoins who mentions some more Essoins touching the Service of the King Celestial then the rest do Of these Essoins you may read
the end of the Sute and all that the Kings Writ commands to be done The other Writ with a Quousque is tending to an end but not final as in the Case of Capias ad Satisfaciendum c. which is not final but the Body of the party is to be taken to the intent to satisfie the Demandant and his imprisonment is not absolute but until he satisfie Idem ibid. Executor Executor Is he that is appointed by any Mans last Will and Testament to have the Execution thereof and the disposing of all the Testators substance according to the tenor of the Will See the Duty of Executors a Book so entituled Executor de son tort Or of his own wrong is he that takes upon him the Office of an Execator by intrusion not being so constituted by the Testator or deceased nor for want of such Constitution constituted by the Ordinary to administer How far he shall be liable to Creditors see 43 Eliz. cap. 8. Dyer 166. and the Duty of Executors cap. 14. Exemplification of Letters Patent An. 13 Eliz. cap. 6. Is a copy or example of Letters Patent made from the Inrollment thereof and sealed with the Great Seal of England which Exemplifications are as effectual to be shewed or pleaded as the Letters Patent themselves Nothing but matter of Record ought to be exemplified 3 Inst fol. 173. See Pages Case 5 Rep. Exemplificatione Is a Writ granted for the Exemplification of an Original See Reg. of Writs fol. 290. Ex gravi Querela Is a Writ that lies for him to whom any Lands or Tenements in Fee within a City Town or Borough wherein Lands are devisable are devised by Will and the Heir of the Devisor enters and detains them from him Reg. of Writs fol. 244. Old Nat. Br. fol. 87. See Fitz. Nat. Br. fol 198. L. Exhibit Exhibitum When any Deed Acquittance or other writing is in a sute in Chancery exhibited to be proved by Witnesses and the Examiner certifies on the back of it that the Deed was shewed to such a one at the time of his Examination this is there called an Exhibit The word is mentioned Anno 14 Car. 2. cap. 14. Exigendaries of the Common Bench Exigendarii de Banco Communi Are otherwise 10 Hen. 6. cap. 4. called Exigenters which Vide. Exigent Exigenda Is a Writ that lies where the Defendant in an Action Personal cannot be found nor any thing of his within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlary This Writ also lies in an Indictment of Felony where the party indicted cannot be found Smith de Repub. Angl. lib. 2. cap. 19. It is called an Exigent because it exacteth the party that is requires his appearance or forth-coming to answer the Law for if he come not at the last days Proclamation he is said to be Quinquies Exactus and then is Outlawed Cromp. Jurisd fol. 188. See the New Book of Entries verbo Exigent Exigenters Exigendarii Are four Officers of the Court of Common Pleas who make aâ—l Exigents and Proclamations in all Actions wherein Process of Outlary lies and Writs of Supersedeas as well as the Pronotaries upon such Exigents as were made in their Offices 18 Hen. 6. cap. 9. But the making the Writs of Supersedeas is since taken from them by an Officer in the Court of Common Pleas erected by King James by his Letters Patent in the later end of His Reign Ex mero motu Lat. Are formal words used in the Kings Charters and Letters Patent signifying that he does what is contained therein Of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to Bar all Exceptions that might be taken to the Instrument wherein they are contained by alleaging that the Prince in passing such a Charter was abused by salse suggestion Kitchin fol. 352. Ex Officio By vertue of a Branch of the Stat. 1 Eliz. cap. 1. the Queen by Her Letters Patent might authorise any person or persons c. To administer an Oath Ex Officio whereby the supposed Delinquent was compelled to confess accuse or purge himself of any criminal matter and thereby be made liable to censure or punishment c. The Branch of which Statute relating to the said Oath is repealed 17 Car. 1. cap. 11. Exoneratione Sectae Was a Writ that lay for the Kings Ward to be disburdened of all sute c. to the County Hundred Leet or Court Baron during the time of his Wardship Fitz. Nat. Br. fol. 158. Ex Parte Lat. Partly or of one part In the Court of Chancery it hath this signification A Joynt-Commission is that wherein both Plaintiff and Defendant joyn A Commission Ex parte is that which is taken out and executed by one Party onely Ex parte talis Is a Writ that lies for a Bailiff or Receiver who having Auditors assigned to hear his account cannot obtain of them reasonable allowance but is cast into Prison by them Fitz. Nat. Br. fol. 129. The manner in this Case is to take this Writ out of the Chancery directed to the Sheriff to take four Mainpernors to bring his Body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time Expectant Used with this word Fee differs from Fee-simple For example Lands are given to a Man and his Wife in Frank-Marriage To hold to them and their Heirs In this case they have Fee-simple Bat if it be given to them and the heires of their body c. they have Taile and Fee-expectant Kitchin fol. 153. Explees See Esplees Expeditate Expeditare vel expaaltare In the Forest Laws signifies to cut out the Balâ— of great Dogs fore-feet for preservation of the Kings Game Every one that keeps any great Dogs not expeditated forfeits three shillings to the King The Ball of the foot of Mastists is not to be cut off but the three Claws of the fore-foot to the skin 4 Part. Inst fol. 308. Nullus Dominicos canes Abbatis Monachorum expaaltari cogat Charta Hen. 3. Abbati de Rading sint quieti de espeditamentis canum Ex magno Rot. Pipae de Anno 9 Ed. 2. Expenditors Anno 37 Hen. 8. ca. 11. Seems to signifie those that pay disburse or expend the Tax in the said Statute mentioned Anno 7 Jac. ca. 20. Paymasters Expensis militum levandis Is a Writ directed to the Sheriff for levying allowance for the Knights of the Parliament Reg. of Writs fol. 191. b. Explorator A Scout In memoriam Henrici Croft Equitis aurati Exploratoris in Hibernia generaliâ— qui obiit Anno 1609. Scoutmaster-general Also a Huntsman or Chaser Idem Abbas habens Exploratores suos statim ponere fecit retia c. In Itin. Pickering 8 Ed. 3. Rot. 4. Extend Extendere To value
Wriothesley fol. 195. and Terms Ley verbo Farm Fermisona The Winter season of Deer as Tempus Pinguedinis is the Summer season Quod idem Hugo haeredes sui de caetero quolibet anno possunt capere in praedicto Parco de Blore unam damam in Fermisona inter Festum Sancti Martini Purif Beatae Mariae unum damum in Pinguedine inter Festum Sanctae Crucis in Mayo Festum S. Crucis in Septembr imperpetuum Ita quod qualemcunque bestiam tempore Pinguedinis vel Fermisonae bersaverint vel cum praedictis canibus ceperint illa bestia cis remanebit si sit in Fermisona allocabitur cis pro dama si sit in Pinguedine allocabitur cis pro dama c. Fin. Concor in Guria Dom. Regis apud Litchfield coram Roger de Turkilby c. inter Hugonem de Acovre quer Wil. de Aldeleley Defore Penes Williel Dugdale Arm. See Tempus Pinguedinis Rex dilecto Ric. Cassel custodi Manerii de Brustwyk salutem Cum mittamus dilectum valettum nostrum Johannem de Fulham ad instantem Fermisonam in Pareis nostris ibidem prout vobis sibi melius ad opus nostrum fore videritis faciend capiend Vbbis mandamus c. Claus 30 Edw. 1. m. 18. Ferrure Fr. The Shooing of Horses See Bouche of Court. Festingmen Ut illud Monasterium sc de Breodun sit liberatum ab illis incommodis quae nos Saxonica lingua Festingmen dicimus Certa Berhtuulfi Regis Merciorum In Mon. Angl. 1. par fol. 123. a The Saxon festenmon signifies Fidejussor a surety So that by this Charter probably they were to be free from the Franck-pledge and not bound for any Mans forth-coming who should transgress the Law Feud or Féed Feida alias Faida Signifies in the German tongue Guerram i. Bellum Lambert writes it Féeth and says it signifies Capitales inimicitias Feud is used in Scotland and the North of England for a Combination of Kinred to revenge the death of any of their Blood against the killer and all his race or any other great enemy See Skene verbo Affidatio and 43 Eliz. cap. 13. Feudal See Feodal Feudary See Feudary Feud-bote Sax. foehthbote A recompence for engaging in a Feud or Faction and for the damages consequent It having been the custom of ancient times for all the Kinred to engage in their Kinsmans quarrel according to that of Tacitus de Moribus German Suscipere tam inimicitias seu patris seu propinqui quam amicitias necesse est Sax. Dict. Fictale Fildale and Filckale Bract. lib. 3. fol. 117. A kinde of Compotation or Entertainment made by Bailiffs to those of their Hundreds for their gain or according to Sir Edw. Cokes 4. Instit fol. 307. an Extortion Colore compotationis See Scotale Fieri facias Is a Writ Judicial that lies at all times within the year and day for him that hath recovered in an Action of Debt or Damages to the Sheriff to command him to levy the Debt or Damages of his Goods against whom the Recovery was had This Writ had beginning from Westm 2. cap. 18. See Old Nat. Br. fol. 152. And great diversity thereof in the Table of Regist Judic verbo Fieri facias Fiftéenth Decima quinta Is a Tribute or Imposition of Money laid upon any City Borough or other Town through the Realm not by the Poll or upon this or that Man but in general upon the whole City or Town and is so called because it amounts to a Fifteenth part of that which the City hath been valued at of old or to a Fifteenth part of every Mans Goods and Personal Estate according to a reasonable valuation This is imposed by Parliament and every Town through the Realm knows what a Fifteenth for themselves amounts unto because it is always the same Whereas the Subsidy which is raised of every particular Mans Lands or Goods must needs be incertain because every Mans Estate is incertain And in that regard the Fifteenth seems to have been a Rate anciently laid upon every Town according to the Land or Circuit belonging to it whereof Camden mentions many in his Britan. viz. pag. 171. Bath geldabat pro viginti hidis quando schira geldabat and pag. 181. Old Sarum pro quinquaginta hidis geldabat c. Which Rates were according to Domesday So that this seemed in old time to be a yearly tribute in certainty whereas now though the Rate be certain yet it is not levied but by Parliament See Tax and Quinsieme Fightwite Sax. Mulcta ob commissam pugnam in perturbationem pacis In exercitu Regis 120 Sol. luebatur Fightwita i. Forisfactura pugnae M. S. Codex Filazer from the Fr. Fil a Thred Line or String Is an Officer in the Court of Common Pleas so called because he Files those Writs whereon he makes out Writs or Process whereof there are fourteen in their several Divisions and Counties They make out all Writs and Process upon Original Writs issuing out of the Chancery as well Real as Personal and mixt returnable in that Court. And in Actions meerly personal where the Defendants are returned summoned make out Pones or Attachments which being returned and executed if the Defendant appears not they make out a Distringas and so Ad infinitum or until he doth appear If he be returned nihil then Process of Capias infinite if the Plaintiff will or after the third Capias the Plaintiff may proceed to Utlary in the County where his original is grounded and have an Exigent with Proclamation Also the Filazers make forth all Writs of View in Real Actions where the View is prayed and upon Replevins or Recordares Writs of Retorno habendo Second Deliverance and Writs of Withernam in Real Actions Writs of Grand and Petit Cape before appearance They enter all Appearances and Special Bails upon any Process made by them They make the first Scire Facias upon Special Bails Writs of Habeas Corpus Distringas Nuper Vice-comitem vel Balivum and Duces tecum and all Supersedeas upon Special Bail or Appearance c. Writs of Habeas Corpus cum Causa upon the Sheriffs Return that the Defendant is detained with other Actions Writs of Adjournment of a Term in case of Pestilence War or Publick Disturbance and until an Order of that Court made 14 Jac. which limited the Filazers to all matters and proceedings before Appearance and the Prothonotaries to all after did enter Declarations Imparlances Judgments and Pleas whereunto a Serjeants hand was not requisite and made out Writs of Execution and divers other Judicial Writs after Appearance And in the Kings Bench of later times there have been Filazers who make Process upon Original Writs returnable in that Court upon Actions Contra Pacem The Filazers of the Common Pleas having been Officers of that Court before the Statute of 10 Hen. 6. cap. 4. wherein they are mentioned F. P. Filiolus Is properly a little Son also a Godson
Hundreds for better Government King Alfred brought from Germany For there Centa or Centena is a jurisdiction over a hundred Towns This is the original of Hundreds which still retain the name but their Jurisdiction is devolved to the County Court some few excepted which have been by priviledge annexed to the Crown or granted to some great Subject and so remain still in the nature of a Franchise This has been ever since the Stat. 14 Edw. 3. Stat. 1. c. 9. whereby these Hundred Courts formerly Farmed out by the Sheriff to other Men were all or the most part reduced to the County Court and so remain at present So that where you read now of any Hundred Courts you must know they are several Franchises wherein the Sheriff has not to do by his ordinary Authority except they of the Hundred refuse to do their Office See West Part 1. Symbol lib. 2. Sect. 288. ad Hundredum post Pascha ad proximum Hundredum post Festum St. Mich. Mon. Angl. 2 p. fol. 293. a. The word Hundredum is sometimes used for an immunity or priviledge whereby a Man is quit of Hundred-peny or Customes due to the Hundreder See Turn Hundreders Hundredarii Are Mon impanneld or fit to be empannel'd of a Jury upon any Controversie dwelling within the Hundred where the Land in question lies Cromp. Jur. fol. 217. Anno 35 Hen. 8. ca. 6. It also signifies him that has the jurisdiction of a Hundred and holds the Hundred Court An. 13 Ed. 1. ca. 38. 9 Edw. 2. Stat. 2. 2 Edw. 3. ca. 4. and 't is sometimes used for the Bayliff of an Hundred Horns Mirror lib. 1. ca. del Office del Coroner Hundred-lagh from Hundred and the Sax. Laga i. Lex Signifies the Hundred Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus ca. 9. Manwood Part 1. pa. 2. See Warscot Hundred-penny Est autem pecunia quam subsidit causa vicecomes olim exigebat ex singulis decuriis sui Comitatus quas Tethingas Saxones appellabant Sic ex Hundredis Hundred-penny Spel. Pence of the Hundred Cam. Brit. fol. 223. Hundred-setena Et habeant Socam Sacam on Strond on Streme on wode on felde Grithbrice Hundred-setena Adas Ordelas c. Carta Edgari Regis Monast Glaston Anno 12 regni Mon. Angl. 1. p. fo 16. b. Saeta or Setena in composition signifies Dwellers or Inhabitants Debent habere constitutionem Hundredi quod Angli dicunt Hundred-setene Text. Roff. Hurst Sax. Hyrst A Wood or Plump of Trees Huscarle Sax. A Domestic Servant or one of the Family The word is often found in Domesday where we find the Town of Dorchester paid to the use of Houscarles one Mark of silver See Karles Hus Hant. Quidam H. P. captus per querimoniam Mercatorum Flandriae imprisonatus offert Domino Regi Hus Hant in plegio ad standum recto ad respondendum praedictis mercatoribus omnibus aliis qui versus eum loqui voluerint Et diversi veniunt qui manucapiunt quod dictus H. P. per Hus Hant veniet ad summonitionem Regis vel concilii sui in Curia Regis apud Shepweye quod stabit ibi recto c. Placita Curiae Regis Anno 27 Hen. 3. rot 9. Quaere an non sit commune plegium sicut Jo. Do. Ric. Ro. see 4 Inst fol. 72. Huseans Fr. Houseau A kind of Boot or somewhat made of course cloth and worn over the Stocking in stead of a Boot a Buskin It is mentioned in the Stat. 4. Edw. 4. ca. 7. Husfastne from the Sax. Hus i. Domus Fast Fixus quasi domui fixus Is he that holdeth House and Land Et in franco plegio esso debet omnis qui terram tenet domum qui dicuntur Husfastne etiam alii qui illis deserviunt qui dicuntur Folgheres c. Bracton lib. 3. Tract 2. ca. 10. Some Authors corruptly write it Hurderefest Hurdesfest rectius Heordfeste which see in Gloss in decem Scriptor Husseling people In a Petition from the Borough of Leominster to King Edward the Sixth the Petitioners set forth that in their Town there were to the number of 2000 Husseling people c. that is 2000 Communicants For Husel in Saxon signifies the Holy Eucharist Hustings Hustingum from the Sax. Hus Domus thing causa quasi Domus causarum antiquissima celeberrima Londoniarum Civitatis Curia suprema the principal and highest Court in London 11 Hen. 7. ca. 21. and 9 Ed. 1. ca. unico Of the great antiquity of this Court we find this Honourable mention in the Laws of King Edward the Confessor Debet etiam in London quae est Caput regni legum semper Curia Domini Regis singulis Septimanis Die Lunae Hustingis sedere teneri Fundata enim erat olim aedificata ad instar ad modum in memoriam veteris magnae Troiae usque in hodiernum diem leges jura dignitates libertates regiasque consuetudines antiquae magnae Trojae in se continet Consuetudines suas una semper inviolabilitate conservat See Taylors Hist of Gavelkind p. 55. This Court is held before the Mayor and Aldermen of London Error or Attaint lies there of a Judgment or false Verdict in the Sheriffs Court as appears by Fitz. Nat. Br. fol. 23. Other Cities and Towns also have had a Court of the same name as Winchester Lincoln York Sheppey c. where the Barons or Citizens have a Record of such things as are determinable before them Fleta lib. 2. ca. 55. Stat. 10 Edw. 2. ca. unico See 4 Inst fol. 247. and Gloss in decem Scriptores on this word Hyde of Land See Hide Hyde-gyld Sax. Hyd-gyld A price or ransom paid to save ones skin from beating Also the same with Hidage Hyth Sax. A Port or little Haven to imbark or land Wares at as Queen-hyth Lamb-hythe c. New Book of Entries fo 3. de tota medietate Hithae suae apud Hengestesey cum libero introitu exitu c. Mon. Angl. 2 Par. fo 142. n. 40. I. JAck olim Wambasium erat tunica quod non ferro solido sed tunicis plurimo lino intextis muniebatur a kind of defensive Coat worn by Horsemen in Warr which some by tenure were bound to find upon any invasion See Hidage Jactivus Jectivus Lat. He that loseth by default Placitum suum neglexerit Jactivus exinde remansit Formul Solen 159. Jamaica Is one of the American Islands lying on the South of Cuba Its length from East to West about 50 Leagues and breadth 20 the middle of it under the 18th degree of Northern Latitude It was taken from the Spaniard by the English in the year 1655 and is mentioned in the Stat. 15 Gar. 2. ca. 5. Jamaica-wood mentioned 15 Car. 2. ca. 5. Is a kind of speckled or fine-grain'd Wood of which Cabinets are made called
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 hujuâ—â—â—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 thereâ—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 Feriâ— 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
Littleton 〈◊〉 force of it thus If it be so in a Feoffment passing a new right much more is it for the restitution of an ancient right c. Coke on Litt. fo 253. a. and 260. a. Multure Molitura vel Multura Signifies the Toll that the Miller takes for grinding Corn. Et totam sequelam Custumariorum meorum qui ad dictum molendinum bladum suum molent ad sextum decimum vas braseum suum sine Multura Mon Angl. 2 p. fo 825. a. And if that will grynd at his milne to grend at xxiiii vessel And for their Malt neght giue Multer c. An Award dat 28 Hen. 6. Mundbrech Sax. Mund. i. Munitio Defensio Brice Fractio vel violatio Si Rex Ecclesiam Monasterium Burgum hominem aliquem vel societatem eorumve res aut praedia in suam susceperat protectionem dicebatur hoc omne ejusmodi quicquicd in Regis esse Mundio Saxonice on Cyningesmunde cujus violatio etiam Mundbrice dicta est q. Protectionis violatio aut datae pacis fractio quae in Anglorum lege 5 libris plectebatur Spelm. But Mundbrech is expounded in late times clausarum fractionem a breach of Mounds by which name Ditches and Fences are still called in some parts of England Mundeburde Mundeburdium from the Sax. Mund. i. Tutela And Bord vel Borh i. Fidejussor Defensionis vel patrócinii fidejussio stipulatio Muniments Munimenta Mat. Paris fo 311. Episcopus itaque cum Munimentorum inspectionem habere non potuit Scripta scilicet authentica Chartae Donationum evidentiae See Miniments Munimenthouse Munimen In Cathedral and Collegiate Churches Castles Colleges or such like is a House or little Room of strength purposely made for keeping the Seal Evidences Charters c. of such Church Colledge c. Such Evidences being called Muniments corruptly Miniments from Munio to defend because inheritances and possessions are defended by them 3 Part Inst fo 170. Murage Muragium Anno 3 Ed. 1. ca. 30. Is a reasonable Toll to be taken of every Cart or Horse coming laden into a City or Town for the building or repairing the Walls of it for the safeguard of the People and is due either by Grant or prescription Cokes 2 Part Inst fo 222. Murder Murdrum from the Sax. Morther or British Murndwrn Fr. Meurtre i. Internecio Is a wilful and Felonious killing another upon prepensed Malice whether secretly or openly English man or Forreiner living under the Kings protection 52 Hen. 3. ca. 25. 14 Ed. 3. ca. 4. Prepensed malice is either express or imply'd Express when it may be evidently proved There was formerly some ill will Implyed when one kills another suddenly having nothing to defend himself as going over a Style or such like Cromp. Just of P. ca. of Murder fo 19. Per parol de Murder en grants le Grantee clama de aver amerciaments de Murderes Broke tit quo warrant 2. Murengers Are two ancient Officers in the City of Chester of as great antiquity as any other in that City being two of the principal Aldermen yearly elected to see the Walls kept in good repair and who receive certain Tolls and Customs for maintenance thereof Muster from the Fr. Moustre i. Specimen Exemplum as Faire moustre generale de toute son armic Is as much as lustrare exercitum the signification is well known Mustred of Record Anno 18 Hen. 6. ca. 19. Is to be enrolled in the number of the Kings Souldiers Master of the Kings Musters See in Master Muster-master-general Anno 35 Eliz. ca. 4. See Master of the Kings Musters Mute Mutus That speaks not dumb speechless A Prisoner may stand Mute two manner of wayes 1. When he speaks not at all and then it shall be enquired whether he stood Mute of malice or by the act of God if by the later then the Judge ex officio ought to enquire whether he be the same person and of all other Pleas which he might have pleaded if he had not stood Mute 2. When he pleads not-guilty or does not directly answer or will not put himself upon the enquest to be tryed Coke 2 Part Inst ca. 12. Anno 32 Hen. 8. ca. 3. See Pain Fort Dure N. NAam Namium from the Sax. Naeme i. Captio Signifies the taking or apprehending another mans moveable Goods and is either lawful or unlawful Lawful Naam is a reasonable Distress proportionable to the value of the thing distreined for and this Naam was anciently called either Vif or Mort quick or dead according as it is made of dead or quick Chattels Lawful Naam is so either by the Common-Law as when one takes another Mans Beasts damage feasant in his Grounds or by a Mans particular fact as by reason of some contract made that for default of payment of an Annuity it shall be lawful to distrain in such or such Lands c. Horns Mirror of Justices lib. 2. ca. de Naam See Withernam non libebit Namium sumere vel vadimonium nec averia sua imparchiare Mon. Angl. 2 Par. fo 256. b. Nemo Namium capiat in comitatu vel extra Comitatum priusquam ter in Hundredo suo rectum sibi perquisierit LL. Canuti MS. ca. 18. quae inscribitur de Namiis capiendis Quod si reddere noluerint debitores nec ad disrationandum venire tunc cives quibus debita sua debent capiant in Civitate Namia sua vel de comitatu in quo manet qui debitum debet Char. Hen. 1. de libertat London See Vetitum Namium Namation Namatio A distreming or taking a distress In Scotland it is used for impounding Naperie Anno 2 Ric. 2. ca. 1. from the French Nappe a Table-cloath we may call it linnen-clothery Nathwyte Quod nec dictus Philippus de Avery nec haeredes sui de caetero petere possint aliqua tallagia nec etiam francum plegium nec etiam aliam demandam quae vocatur Nathwyte Carta 55 Hen. 3. m. 6. Perhaps from the Sax. Nyþ. i. Lewdness and so it may signifie the same with Lairwite Nativity Nativitas Birth Casting the Nativity or by calculation seeking to know how long the Queen should live c. made Felony Anno 23 Eliz. ca. 2. Nativitas was anciently taken for Bondage or Villenage terram quam Nativi sui tenuerunt de se in Nativitate Mon. Angl. 2 par fo 643. a. Nativo habendo Was a Writ that lay to the Sheriff for a Lord whose Villain claimed for his inheritance was run from him for the apprehending and restoring him to his Lord. Reg. of Writs fo 87. Fitz. Nat. Br. fo 77. Nativus Is qui natus est servus sic differat ab eo qui se venundari passus est Servos enim alios Bondos dicimus alios Nativos alias Villanos Bondi sunt qui pactionis vinculo se astrinxerint in servitutem unde nomen nam Bond anglice vinculum Bondi quasi astrâ—cti nuncupantur De
Faders Eyer and I nil suffer that ony man you any wrongys beed And God you kepe Ex libro pervetusto penes Will. King Ar. Portioner Porconarius or Portionarius Pateat universis quod ego Iohannes Botelere Porconarius secundae portionis Ecclesia de Bromyord dedi dat 17 Ric. 2. Where a Parsonage is served by two or sometimes three Ministers alternately as Bromyard supra Burford in Shropshire c. The Ministers are called Portioners because they have but their Portion or Proportion of the Tythes or Profits of the Living Portmen Anno 13 Eliz. cap. 24. The Twelve Burgesses of Ipswich are so called Also the inhabitants of the Cinque Ports are so termed according to Camdens Britannia Portmote from the Sax Porte i. Portus gemot i. Conventus Is a Court kept in Haven-Towns or Ports as Swainmot in the Forest Manwood par 1. pag. 111. It is called the Portmoot Court Anno 43 Eliz. ca. 15. Curia Portmotorum est Curia in Civitate Cestriae coram Majore in aula Motorum tenenda Pl. in Itin. ibid. 14 Hen. 7. Portsale Anno 35 Hen. 8. cap. 7. Is the sale of Fish presently upon its arrival in the Port or Haven Possession Possessio quasi Pedis positio Is twofold actual and in Law The first is when a Man actually enters into Lands or Tenements to him descended the other when Lands or Tenements are descended to a Man and he hath not as yet actually entred into them Before or until an Office is found of Lands Escheated by Attainder 〈◊〉 King hath onely Possession in Law and not in Deed. Stamf. Praerog fol. 54. There is also an Unity of Possession which the Civilians call Consolidationem As if the Lord purchase the Tenancy held by Heriot service the Heriot is extinct by Unity of Possession because the Seigneury and Tenancy are now in one Mans possession Kitchin fol. 134. See other Divisions of Possession in Bracton lib. 2. cap. 17. Post See Per. Post Conquestum Was first inserted in the Kings Title by Edward the Third Anno 1328. Claus 2 Edw. 3. in Dorso m. 33. Post Diem Is a Fee by way of Penalty upon a Sheriff for his neglect in returning a Writ after the day assigned for its return for which the Custos Brevium hath four pence whereas he hath nothing if it be returned at the day sometimes taken for the Fee it self Post Disseisin Post Disseisina Is a Writ given by the Statute of Westm 2. cap. 26. and lies for him that having recovered Lands or Tenements by Praecipe quod reddat upon default or reddition is again disseised by the former Disseisor Fitz. Nat. Br. fol. 190. See the Writ that lies for this in the Reg. of Writs fol. 208. a. Post Fine Is a duty belonging to the King for a Fine formerly acknowledged before him in his Court which is paid by the Cognizee after the Fine is fully passed and all things touching the same accomplished The rate thereof is so much and half so much as was paid to the King for the Fine and is collected by the Sheriff of the County where the Land lies whereof the Fine was levied to be answered by him into the Exchequer Post Term Is a Fee or Penalty taken by the Custos Brevium of the Court of Common Pleas onely for the Filing any Writ by any Attorney after the Term or usual time in which such Writs are returnable for which the Custos Brevium takes the Fee of xx d. Postea Is a Return or Certificat of the proceedings by Nisi Prius into the Court of Common Pleas after a Verdict and there afterwards recorded See Plowden Casu Saunders fol. 211. a. See an example of it in Coâ—es Rep. Vol. 6. Rowlands Case fol. 41. See Custos Brevium Posteriority Posterioritas the Being or coming after or behinde Is a word of Comparison and Relation in Tenure the Correlative whereof is Priority For a Man holding Lands or Tenements of two Lords holds of his Ancienter Lord by Priority and of his later Lord by Posteriority Stamf. Praerog fol. 10. 11. When one Tenant holds of two Lords of the one by Priority of the other by Posteriority c. Old Nat. Br. fol. 94. See 2 Instit fol. 392. Postnati 7 Jac. It was by all the Judges solemnly adjudged that those who after the descent of the Crown of England to King James were born in Scotland were no Aliens in England As on the contrary the Antenati or those born in Scotland before the said descent were Aliens here in respect of the time of their Birth See Calvins Case 7 Report Pot Anno 13 Car. 2. cap. 6. A Head-piece for War Pot Ashes Anno 12 Car. 2. cap. 4. Are made of the best Wood-ashes and used in the making of Soap some are made in England but the best come from beyond Sea Pound Parcus Signifies generally any strong inclosure to keep in Beasts but especially a place of strength to keep Cattle that are distrained or put in for any Trespass done by them until they be replevied or redeemed and in this signification it is called a Pound Overt or open Pound being built upon the Lords Waste and is called the Lords Pound for he provides it for the use of himself and his Tenants See Kitchin fol. 144. It is divided into Pound Open and Pound Close Pound Open or Overt is not onely the Lords Pound but a Backside Court Yard Pasture-Ground or whatever else whither the owner of the Beasts Impounded may come to give them Meat and Drink without offence for their being there or his coming thither Pound Close is then the contrary viz. Such a one as the owner cannot come unto for the purpose aforesaid without offence as some Close-house Castle Fortress or such like place Pound-breach See Pund-brech Poundage Pondagium Is a Subsidy granted to the King of all manner of Merchandise of every Merchant Denizen and Stranger carried out of this Realm or brought into the same to the value of Twelve pence in every Pound This was granted to Henry the Sixth for term of his life and to King Charles the Second Anno 12 Car. 2. cap. 4. Pourallée See Purluc Pour fair proclamée que nul inject Fines ou ordures en fosses ou Rivers pres Cities c. Is a Writ directed to the Mayor Sheriff or Bailiss of a City or Town commanding them to proclaim That none cast filth into the Ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute 12 Rich. 2. cap. 13. Fitz. Nat. Br. fol. 176. Pourpartie Propars Propartis vel Propartia Is contrary to Pro indiviso for to make Pourpartie is to divide and sever the Lands that fall to Parceners which before Partition they hold joyntly and Pro indiviso Old Nat. Br. fol. 11. Pourpresture Pourprestura from the Fr. Pourpris a Close or Enclosure Is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
fol. 78. and Brook tit Severance Summons fol. 238. There is also Severance of the Tenants in an Assise when one two or more Disseisors appear upon the Writ and not the other New Book of Entries fol. 81. And Severance in Attaints eodem fol. 95. And Severance in Debt fol. 220. where two Executors are named Plaintiffs and the one refuseth to prosecute Severance of Corn is the cutting and carrying it from off the Ground and sometimes the setting out the Tythe from the rest of the Corn is called Severance See Crokes Rep. 2 Part fol. 325. Several Tayl Tallium Separatum Is that whereby Land is given and entailed severally to two For example Land is given to two Men and their Wives and to the Heirs of their Bodies begotten the Donees have joynt-estate for their two lives yet they have several inheritance because the issue of the one shall have his moyety and the issue of the other the other moyety Several Tenancy Tenura Separalis Is a Plea or Exception to a Writ that is laid against two as Joynt who are indeed several Brook hoc tit fol. 273. Sewer Severa Sewera Est fossa in locis palustribus ducta ad aquas eliciendas c. A Passage or Gutter to carry Water into the Sea or a River Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as by authority under the Great Seal see Drains and Ditches well kept and maintained in the Marish and Fen Countreys for the better conveyance of the Water into the Sea and preserving the Grass upon the Land for Food of Cattle See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem cap. 11. Touching the Draining the Great Level in the Fens called Bedford Level and the authority of the Governor Bailiff c. As Commissioners of Sewers Sextary Sextarius Was an ancient Measure containing about our pint and a half according to the Latin Dictionary the City now Town of Leicester paid inter al. to the King yearly Twenty five Measures called Sextaries of Honey as we read in Domesday And in Claus 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini Et unum Sextrium Salis apud Wainflet Mon. Angl. 2 par fol. 849. b. Decem Mittas brasii quatuor Sextarios Avenae ad praebendam Idem 1 par fol. 136. b. Where it seems to have been used for a much greater quantity A Sextary of Ale contained xvi Lagenas See Tolsester Sexagesima See Septuagesima Shack Is a Custom in Norfolk to have Common for Hogs from the end of Harvest till Seed time in all Mens Grounds without control Cokes 7 Rep. fol. 5. Corbets Case And in that County To go at Shack is as much as to go at large Shares See Flotzon Sharping Corn Is a Customary gift of Corn which at every Christmas the Farmers in some parts of England give to their Smith for sharping their Plough Irons Harrow times and such like and exceeds not half a Bushel for a Plough-Land Sherbet Anno 15 Car. 2. cap. 11. Is a Compound Drink lately introduced in England from Turky and Persia and is made of Juyce of Lemmons Sugar and other ingredients Another sort of it is made of Violets Honey Juyce of Raisins c. Sherbert in the Persian Tongue signifies pleasant Liquor Shermans Craft Is a Craft or Occupation at Norwich the Artificers whereof do Shear as well Worsteads Stamins and Fustians as all other Woollen Cloth and mentioned Anno 19 Hen. 7. cap. 17. Shewing Is to be quit of Attachments in any Court and before whomsoever in Plaints shewed and not avowed Terms Ley. See Scavage Shilling Sax. scilling Among our English Saxons consisted but of Five pence Si in capillis sit vulnus longitudinis unius Unciae V. denariis i. uno solido componatur LL. H. 1. c. 39. Ship-money Was an Imposition charged upon the Ports Towns Cities Boroughs and Counties of this Realm in the time of King Charles the First by Writs commonly called Ship-writs under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings service c. which by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm the Petition of Right Liberty of the Subjects c. Shipper Anno 1 Jac. sess 1. cap. 33. Is a Dutch word signifying the Master of a Ship We corrupt it into Skipper and use it for any Common Seaman Shire Comitatus From the Saxon Scir or Scyre i. To part or divide Is well known to be a part or portion of this Land called also a County Who first divided this Land into Shires see in Camd. Britan pag. 102. Of which there are in England Forty and in Wales Twelve In privilegiorum Chartis ubi conceditur quietum esse a Shiris intelligendum est de immunitate qua quis eximitur a Secta vel clientela Curiis Vicecomitum quas etiam Shiras â—â—cant prestanda vel perficienda Spel. The Assises of the Shire or the Assembly of the people of a County was called dcir-gemot by the Saxons Shirif or Shiref Vicecomes quasi Shire-reve Sax. scire-gerefa i. Pogi vel Comitatus Praepositus the Cheif Officâ—â— under the King of a Shire or County Camden in his Britan. pag. 104. thus describes his Office SIngulis vero annis Nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi Vicarium Comitis nostra lingua Shyref i. Comitatus Praepositum vocamus Qui etiam Comitatus vel Provinciae Quastor recte dici potest Ejus enim est publicas pecunias Provinciae suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Judicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Judices referunt Judices enim apud nos Juris solum non facti sunt Judices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autem jus dicunt Justiciarii quos Itinerantes ad Assisas vocant qui quot annis hos Comitatus bis adeunt ut de Causis cognoscant Carceratis Sententiam ferant Henricus secundus hos Itinerantes instituit vel potius restituit Ille ut inquit Matth. Paris consilio filii sui Episcoporum constituit Justiciarios per sex partes Regni in qualibet parte tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the Antiquity and Authority of this Officer read Cokes Rep. lib. 4. Mittons Case and Spelmans Glossarium verbo Vicecomes The Shirif was anciently chosen in the County Court by the Suffrages of the People as Knights of Parliament yet are but is now nominated by the the King See Fortescu cap. 24. fol. 53. Vicecomes dicitur quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum
and purify'd as in Cornwal and elsewere Of which read Cam. Brit. pa. 119. The liberties of the Stannarymen granted by Edward the First before they were abridg'd by the Statute of 50 Edward the Third See in Plowden casu Mines so 327. and Cokes 12 Rep. fo 9. And the liberties of the Stannary-Courts see Anno 17 Car. 1. ca. 15. Staple Stapulum Signifies this or that Town or City whether the Merchants of England were by Act of Parliament to carry their Wool Cloth Lead Tyn and such like Staple Commodities of this Land for the utterance of them by the great The word comes from the Fr. Fstape i. Forum vinarium a Market or Staple for Wines which is the principal Commodity of France And in an old French Book thus A Calais y avoite Estape de la laine c i. The Staple for Wool You may read of many places appointed for this Staple in our Statutes according as the King thought fit to alter them from 2 Ed. 3. ca. 9. to 5 Ed. 6. ca. 7 What Officers the Staples had belonging to them you may see Anno 27 Ed. 3. Stat. 2. ca. 21. The Staple Commodities of this Realm are Wool Leather Woolfelâ— Lead Tin Butter Cheese Cloth c. as appeas by the Stat. 14 Ric. 2. ca. 1. though some allow onely the five first See 4 Inst fo 238. Star-chamber Camera stellata Otherwise called Chamber des Estoiels Was a Chamber at Westminster so called because at first all the roof thereof was decked with Images of gilded Stars Anno 25 Hen. 8. ca. 1. It is written the Sterred Chamber Henry the Seventh and Henry the Eighth ordained by two several Statutes viz. 3 Hen. 7. ca. 1. and 21 Hen. 8. ca. 2. That the Chancelor assisted by others there named should have power to hear complaints against Retainors Embraceors Misdemeanors of Officers and such other offences which through the power and countenance of such as did commit them did lift up the head above other faults and for which inferior Judges were not so meet to give correction and the Common-Law had not sufficiently provided And because that place was before dedicated to the like service it was still used accordingly See Camden pa. 112 113. But by the Stat. 17 Car. 1. ca. 10. the Court commonly called the Star-Chamber and all Jurisdiction Power and Authority thereto belonging c. are from and after 1 August 1641 clearly and absolutely dissolved and determined Starling See Sterling Statute Statutum Has divers significations First it signifies an Act of Parliament made by the King and his three Estates of the Realm in which sence it is either general or special Coke lib. 4. Hollands Case Secondly Statute is a short Writing called a Statute-Merchant or Statute-Staple which are in the nature of Bonds Anno 5 Hen. 4. ca. 12. and are called Statutes because made according to the form expresly provided in certain Statutes which direct both before what persons and in what manner they ought to be made West par 1. Symbol lib. 2. Sect. 151. defines a Statute-Merchant to be a Bond acknowledged before one of the Clerks of the Statutes-Merchant and Mayor of the Staple or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor chief Warden or Mayor of other Cities or good Towns or other sufficient Men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two peices the greater is kept by the said Mayor c. and the less by the said Clerk The form of which Bond Fleta lib. 2. ca. 64. Sect. 2. thus delivers Noverint universi me N. de tali Comitatu teneri M. in Centum Marcis solvendis eidem M. ad Festum Pent. Anno Regni Regis c. Et nisi fecero concedo quod currant super me haeredes meos districtio pena provisa in Statuto Domini Regis edito apud Westm Datum London tali die The Fee for the Seal is for Statutes acknowledged in Fairs for every pound a half penny and out of Fairs a farthing The execution upon Statute-Merchant is first to take the Body of the Debtor if he be lay and can be found if not his Lands and Goods and is founded on the Statute 13 Ed. 1. Stat. 4. See New Book of Entries verbo Statute-Merchant Statute-Staple is either properly so called or improperly Properly is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple The Fee for the Seal is of every pound if the same exceed not 100 l. a half-penny and if it exceed 100 l. a farthing By vertue of which Statute the Creditor may forthwith have execution of the Body Lands and Goods of the Debtor and this is founded on the Statute 23 Ed. 3. ca. 9. A Statute-Staple improper is a Bond of Record founded upon the Statute 23 Hen. 8. ca. 6. of the nature of a proper Statute-Staple as to the force and execution of it and acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple and Recorder of London The forms of all which Bonds or Statutes see in Westm Part 1. Symbol lib. 2. Sect. 152 154 c. Statutes Is also used in our vulgar Discourse for the petite Sessions which are yearly kept for the disposing of servants in service by the Statute 5 Eliz. ca. 4. See Recognizance Statute-Sessions Otherwise called Petty-Sessions are a meeting in every Hundred of all the Shires in England where by custom they have been used whereunto the Constables do repair and others both Housholders and Servants for the debating of differences between Masters and their Servants the rating of Servants Wages and the bestowing such People in service as being fit to serve either refuse to seek or cannot get Masters Anno 1 Eliz. ca. 4. Statuto Stapulae Is a Writ that lies to take his Body to Prison and to seise upon his Lands and Goods who hath forfeited the Bond called Statute-Staple Reg. of Writs fo 151. Statutum de laboraiis Is a Writ Judicial for the apprehending such Labourers as refuse to work according to the Statute Reg. Judic fo 27. b. Statutum mercatorium Is a Writ for the Imprisoning him that has forfeited a Bond called Statute-Merchant untill the Debt be satisfied Reg. of Writs fo 146. b. and of these there is one against Lay-persons another against Ecclesiastical Stemnifreoch Nec non libertate multurae suae in molendixo ipsius Roberti c. quod sint Stemnefreoch Cholfreoch Mon. Angl. 2 Par. fo 293. b. quaere Stennerie Is used for the same with Stanneries in the Statute 4 Hen. 8. ca. 8. See Stanneries Sterbrech alias Strebrech Is the breaking obstruction or diminution of a way or the turning it out of its right course from the old English word Stre i. Via and Brech fractio
in his Britan. fol. 184. there are two kindes the one called Lodeworks the other Stream-works This lies in lower Grounds when by Trenching they follow the Veins of Tin and turn aside now and then the streams of Water coming in their way The other is in higher places when upon the Hills they dig very deep Pits which they call Shafts and undermine Stréetgavel or Stretgavel i. Quilibet tenens in Manerio de Cholinton dabit 2 s. pro itu reditu MS. de temp E. 1. Every Tenant of that Mannor in Com. Sussex paid yearly 2 s. for his going out and returning into it to the Lord of the Mannor by the name of Stretgavel Mich. 4 Edw. 1. Coram Rege Antiquity of Pourveyance fol. 222. Strip Strepitus Destruction Mutilation from the Fr. Estropier i. Mutilars detruncare radicitus Strepitum vastum facere i. To make Strip and Waste or Strop and Waste See Estreapment Streteward Per Streteward Johannes Stanley Ar. clamat quod Scrvientes pacis Ministri sui in fra Feodum de Aldford capere debent de qualibet fuga catallorum iv d. Rot. Pla. in Itinere apud Cestriam 14 H. 7. See Marketzeld Strond Sax A Shore or Bank of the Sea or great River Ricardus Rex Notum facimus vobis nos concessisse Deo Sancto Albano Ecclesiae suae Sancti Oswyni de Tynemuth Cellae S. Albani Monachis ibidem Deo servientibus omnes terras suas omnes homines suos cum Sacha Soca Over Strond Streme on Wode Felde Toll Them Grithburg Hamsocne Murdrum Forestal Danegeld Infangenethef Utfangenethef Flemnensfrenieth Blodwit Wrec c. Dat. 4 Nov. Anno 1 Regni nostri apud Cant. On Stronde et Streame on Wde et Feld Voces Anglicae veteres in antiquioris avi Chartis crebro repertae Privilegium sapiunt seu potius privilegii latitudinem sive amplitudinem sic Latine Iegantur in litore in fluvio in sylva Campo Gloss in x Scriptores Strumpet Meretrix Was heretofore used for an Addition Jur. praesent c. Quod Johannes le Maynwarynge de Whatcroft de Cum. Cestriae Esq Laurentius le Waren de Davenham Esq c. Hugo de Sondebache Yoman Hopkin Norman de Com. Cestr Husband-Knave Willielmus le Birchewode de Clyve-Knave cum plurimis aliis Agnes Cawes de Medio Wico de Comitatu Cestr Strumpet Tali die domum Ranulphi Madock vi armis fregerunt c. Pla. apud Cestriam 6 Hen. 5. m. 2. in dorso Stud Libere vendendi emendi tam in Cestria quam in Comitatu Wycis ubi non fuit Lexulla omnia fine Toll Stud praeter sal equos c. Mon. Angl. 2 Par. fol. 187. b. It is probable this is the same which is elswhere written Stuth Stuth Per Stuth clamat esse quiet de exactione pecuniae a singulis villis Per Vicecom Comitat. Cestriae Pl. in Itin. ibid. 14 Hen. 7. Submarshal Submarescallus Is an Officer in the Marshalsea who is Deputy to the Cheif Marshal of the Kings-house commonly called the Knight Marshal and hath the custody of the Prisoners there Cromp. Jurisd fol. 104. He is otherwise called Under Marshal Subornation Subornatio A secret or underhand preparing instructing or bringing in a false witness or corrupting or alluring unto leudness Hence Subornation of Perjury mentioned in the Act of General Pardon 12 Car. 2. cap. 8. is the preparing bringing in or alluring unto Perjury Subornation of Witnesses 32 Hen. 8. cap. 9. 3 Part. Instit fol. 167. Subpaena Is a Writ whereby common persons are called into Chancery in such Case onely where the Common Law fails and hath not provided So as the party who in equity hath wrong can have no ordinary remedy by the Rules and course of the Common Law many examples whereof you may read in West Par. 2. Symbol tit Proceedings in Chancery sect 18. But Peers of the Realm in such Cases are called by the Lord Chancellors Letter giving notice of the Sute intended against them and requiring them to appear There is also Subpaena ad Testificandum which lies for the calling in of Witnesses to testifie in any Cause as well in Chancery as other Courts And the name of both proceeds from words in the Writ which charge the party called to appear at the day and place assigned Sub paena Centum librarum c. Cromp. Jurisd fol. 33. Anno 15 Hen. 6. cap. 4. Subsidium Cathedraticum See Cathedratic Subsidy Subsidium Signifies an Aid Tax or Tribute granted by Parliament to the King for the urgent occasions of the Kingdom to be levied of every Subject of ability most commonly after the rate of 4 s. in the pound for Land and 2 s 8 d for Goods I Do not finde that the Saxon Kings had any Subsidies collected after the manner of those this day but they had many Customs whereby they levied Money of the people or personal service toward the building and repairing of Cities Castles Bridges Military Expeditions c. which they called Burgbote Brigbote Herefare Heregeld c. But when the Danes oppressed the Land King Egelredus in the year 1007 yielded to pay them for redemption of Peace 10000 l. which after was increased to 36000 l then to 113000 l and at last to a yearly tribute of 48000 l. This was called Danegeld i. Danica solutio And for levying it every Hide of land that is every Plough-land was cessed 12 d. yearly the Church-lands excepted and thereupon it was after called Hydagium which name remained afterward upon all Taxes and Subsidies imposed upon Lands for sometimes it was imposed upon Cattel and was then called Hornegeld The Normans called both these sometimes according to the Latin and Greek word Taxes sometimes according to their own language Tallagium of talier to cut or divide And sometimes according to the word usual beyond the Seas auxilia subsidia The Conqueror had these kind of Taxes or Tallages and made a Law for the manner of levying them as appears in Emendationibus ejus pa. 125. Sect. volumus hoc firmiter c. After the Conquest these Subsidies seem to have been granted in other manner then now they are as every ninth Lamb every ninth Fleece and every ninth Sheaf Anno 14 Edw. 3. Stat. 1. ca. 20. Of which you may see great variety in Rastals Abr. Tit. Taxes Tenthes Fifteenths Subsidies c. and 4 Inst fo 28. 33. whence you may conclude there is no certain rate but as the Parliament shall think fit Subsidy is in our Statutes sometimes confounded with Custome Anno 11 Hen. 4. ca. 7. See Benevolence and 15 Car. 2. ca. 7. Sucking Per Sucking hoc est fore quiet de illis amerciamentis quando le Burlimen id est supervisores del Ringyord id est Clausur quae vocat le Chiminfildes vel common Medows praemonit fuerint ad imparcand faciend clausuras illas simul cum vicinis
suis ille qui non venit ad talem praemonitionem amerciatus erit ad pretium unius vomeris Anglice a Suck praetii quatuor denar hoc quotiescunque praemonit non venerit Pla. in Itin. apud Cestriam 14 Hen. 7. Surety of peace Securitas pacis so called because the party that was in fear is thereby secured Is an acknowledging a Bond to the Prince taken by a competent Judge of Record for the keeping of the Peace This peace a Justice of Peace may command either as a Minister when he is willed so to do by a higher Authority or as a Judge when he does it of his own power derived from his Commission Of both these see Lamb. Eiren. lib. 2. ca. 2. pa. 77. See Peace and Supplicavit It differs from Surety of good abearing in this that whereas the Peace is not broken without an affray battery or such like Surety de bono gestu may be broken by the number of a mans company his Weapons or Harness Suffragan Suffragnus Is a titular Bishop ordam'd to assist the Bishop of the Diocess in his Spiritual Function Sir Edw. Coke 2 Inst fo 79. calls him a Bishops Vice-gerent Dicuntur Episcopi qui Archiepiscopo suffragari assistere tenentur sayes Spelman Et Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur It was enacted Anno 26 Hen. 8. ca. 14. that it should be lawful for every Diocesan at his pleasure to elect two honest and discreet Spiritual persons within his Diocess and to present them to the King that he might give the one of them such Title Stile Name and Dignity of such of the Sees in the said Statute specify'd as he should think convenient c. and that every such person shall be called Bishop Suffragan of the same See c. Cam. in his Britan. Tit. Kent speaking of the Arch-bishop of Canterburies Suffragans sayes When the Arch-bishop is busied in weightier Affairs they manage for him matters that pertain to Orders onely and not to the Episcopal Jurisdiction Suite or Sute Secta Fr. Suite i. Consecutio sequela Signifies a following another but in divers sences the first is a Sute in Law and is divided into sute real and personal which is all one with Action real and personal 2. Sute of Court or Sute-service is an attendance which a Tenant owes to the Court of his Lord Anno 7 Hen. 7. ca. 2. 3. Sute-Covenant is when your Ancestor has Covenanted with mine to suâ— to his Court 4. Sute-Custome when I and my Ancestors have been seised of your and your Ancestors Sute time out of minde 5. Sutereal or regal when men come to the Sheriffs Turn or Lâ—et 6. Sute signifies the following one in Chase as fresh-sute Westm 1. ca. 46. Lastly it signifies a Petition made to the King or any great person Suite of the Kings Peace Secta pacis Regis Is the pursuing a man for breach of the Kings Peace by Treasons Insurrections or Trespasses Anno 6 Rich. 2. Stat. 2. ca. 1. and 27 ejusdem ca. 15. 5 Hen. 4. ca. 15. Suit-silver See Sute-silver Suling See Swoling Summage See Sumage Seme Sumage or Summage Sumagium Summagium a Horscload Toll for carriage on Horseback Cromp. Jur. fo 91. Forestarius capiat pro uno equo qui portat summagium per dimidium anni obolum Charta de Foresta cap. ante-penult Char. Edw. 1. num 17. Summoneas Is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Reg. judicial Summoner Summonitor Is a small Officer that calls or cites men to any Court These ought to be boni homines that is in Fleta's Judgment liberi homines ideo boni quia terras tenentes quod sint coram talibus Justiciariis ad certos diem locum secundum mandatum Justiciariorum vicecomiti directum parati inde faceri recognitionem lib. 4. ca. 5. Summons Summonitio Signifies with us as much as vocatio in jus or Citatio among the Civilians and thence is our word Sumner which in French is Somoneur i. Vocator Monitor Summons of the Exchequer Anno 3 Edw. 1. ca. 19. How Summons is divided and what circumstances it has to be observed See Fleta lib. 6. ca. 6 7. Summons in terra petita Kitchin fo 286. Is that Summons which is made upon the land which the party at whose Sute the Summons is sent forth seeks to have Summons ad Warrantizandum Dyer fo 69 nu 35. Summoneas ad warrantizandum Is the Process whereby the vouchee is called See Coke on Litt. fo 101. b. Sumptuary Laws Are Laws made to restrain excess in Apparel and prohibit costly Cloaths of which we have anciently had many in England but all repealed Anno 1 Jac. See 3 Inst fo 199. Super institution Super institutio One Institution upon another as where A. is admitted and instituted to a Benefice upon one Title and B. is admitted instituted c. by the presentment of another See Hutchins Case in Crokes Rep. 2 Par. fo 463. Superoneratione pasturae Is a Writ Judicial that lies against him who is impleaded in the County for the over-burdening a Common with his Cattel in case where he was formerly impleaded for it in the County and the Cause is removed into the Kings Court at Westm Super praerogativa Regis Is a Writ which lay against the Kings Widdow for Marrying without his Licence Fitz. Nat. Br. fo 173. Supersedeas Is a Writ which lies in divers cases and signifies in general a Command to stay or forbear the doing of that which ought not to be done or in appearance of Law were to be done were it not for the cause whereon the Writ is granted For example a man regularly is to have surety of Peace against him of whom he will Swear he is afraid and the Justice if required cannot deny it yet if the party be formerly bound to the Peace either in Chancery or elsewhere this Writ lies to stay the Justice from doing that which otherwise he might not refuse See the Table of the Reg. of Writs and Fitz. Nat. Br. fo 236. for preventing the superseding Executions See the Statute 16 17 Car. 2. ca. 8. Super Statuto Edw. 3. versus Servants and Labourers Is a Writ that lies against him who keeps my Servants departed out of my service against Law Fitz. Nat. Br. fo 167. Super Statuto de York quo nul serra viteller c. Is a Writ lying against him that uses Victualling either in Gross or by Retail in a City or borough-Borough-Town during the time he is Mayor c. Fitz. Nat. Br. fo 172. Super Statuto 1 Edw. 3. ca. 12 and 13. is a Writ that lay against the Kings Tenant holding in Chief who alienated the Kings Land without his Licence Fitz. Nat. Br. fo 175. Super Statuto facto pour Seneshal Marshal de Roy c. Is a Writ lying
Theft whereof the one is of Goods above the value of 12 d and is Felony the other under that value and is no Felony but called petit Larceny See Larceny and Felony Theft from the person or in the presence of the owner is properly called Robbery See West Part 2. Symb. Tit. Inditements Sect. 58 59 60. Theftbote Sax. theofte i. Furtum Bote compensatio est quant home prist chattel de Larone de luy faveurer maintainer nemy autrement 42 Assis pa. 5. the receiving goods from a Thief to the end to favour and maintain him the punishment whereof is ransom and imprisonment and not loss of life or Member Stanif Pl. Cor. lib. 1. ca. 43. Antique dicebatur precium quo furti reus se eximeret a dispendio vitae hodie vero de iis dicitur qui furtiva bona a latrone susceperint sceleris sui fovendi gratia quo sensu Bote pro praeda ut alias solet intelligendum est In Privilegiorum chartis ubi Theftbote conceditur intelligitur alias esse emenda furta sine consideratione Curiae Domini Regis Theftbote inquit Statutum Walliae Anno 12. Ed. 1. hoc est emenda furti sine consideratione Curiae Domini Regis Spel. And see 3 Inst fo 134. Thelonium or Breve essendi quietum de Thelonio Is a Writ lying for the Citizens or any City or Burgesses of any Town that have a Charter or Prescription to free them from Toll against the Officers of any Town or Market who would constrain them to pay Toll of their Merchandise contrary to their said Grant or Prescription Fitz. Nat. Br. fol. 226. Thelonio rationabili habendo pro Dominis habentivue Dominica Regis ad Firmam Is a Writ that lies for him that hath of the Kings Demesn in Fee-farm to recover reasonable Toll of the Kings Tenants there if his Demesn have been accustomed to be tolled Reg. of Writs fol. 83. b. Them See Team Then Significat seroum Fleta lib. 1. cap. 47 Thenecium Quod Praedicti Parochiani Decimas inferius Annotatas Ecclesiis suis persolvant scil Decimam lactis ovorum Thenecii agrorum apum mellis c. Const Rob. Winchelsey Archiep. Cant. tit de Decimis Ibi Lindewode Thenecii agrorum i. Arborum crescentium circa agros pro clausura corum Vulgarly called Hedgerows or Dikerows Thewe Georgius Grey Comes Cantii clamat in Maner de Bushton Ayton punire Delinquentes contra Assisam panis cervisiae per tres vices per Amerciamenta quarta vice pistores per Pilloriam Braciatores per Tumbrellum Rixatrices per Thewe hoc est ponere eas super scabellum vocat a Cuckingstoole Pl. in Itin. apud Cestriam 14 Hen 7. Perhaps from the Sax. theoÆ¿ a Slave or Captive Thingus Thanus A Nobleman a Knight or Freeman Sciatis me concessisse omnibus militibus omnibus Thing is omnibus libere tenentibus qui manent in Foresta mea de Honore de Lancaster quod possunt c. Cromp. Jur. fol. 197. Thirdborow Is used for a Constable Anno 28 Hen. 8. cap. 10. which seems to be corruptly used for the Sax. freoborg i. Ingenuus fidejussor Lambert in his Duty of Constables pag. 6. Thirdings The third part of the Corn or Grain growing on the Ground at the Tenants death due to the Lord for a Heriot within a certain Mannor and Lands belonging to the Chappel of Turfat in Com. Heref. Third night-awn-hynde Trium noctium hospes By the Laws of S. Edw. cap. de Hospitibus if any guest lay a third night in an Inn he was accounted a Domestick and his Host was answerable for what offence he should commit Forman night uncuth Twa night gueste Third night awn hynde i. Prima nocte incognitus secunda hospes tertia domesticus censetur Bracton lib. 3. tract 2. cap. 10. num 2. writes it Hoghenehyne pro Agen-hyne ITem utimur quod si extranei morantur in Burgo praedicto ultra tres dies invenient fidejussores de bene gerendo se erga Burgenses Communitatem dum moram inter ipsos fecerint MS. Codex de LL. Statutis Consuetud liberi Burgi villae Mountgomer fol. 26. b. See Uncuth Third-peny Denarius tertius est ea pars mulctarum forensiumque molumentum quae in comitatu olim cedebat Comiti Rege alias duas percipiente LL. Edw. Conf. cap 31. Rex habebit 100 solidos Consul Comitatus 50. qui tertium babebit Denarium de forisfacturis c. And was anciently so fixt and appropriate to an Earldom as the Earldom of Oxford in the Raign of King Henry the Second passed by the Grant of Tertium Denarium Comitatus Oxon ut fit inde Comes de quo vide Seldens Titles of Honor. Thokes Anno 22 Edw. 4. cap. 2. Thokes or Fish with broken Bellies are not by the said Statute to be mixt or packed with Talefish Thol Thollonium Est libertas emendi vendendi in terra sua Arch. Lamb. fol. 132. Thol i. Quod Prior habet in Mercato suo dic Lunae quandam mensuram de bladis venditis quoddam certum de animalibus caeteris similibus venditis Reg. Priorat Cokeford See Toll Thorough Toll Bowgh in Yorkshire a little Village where in times past the Earls of Richmond had a pretty Castelet and a certain Custom called Thorough Toll says Camden See Toll Thrave of Corn from the Sax. threaf i. a Bundle or the British Drefa i. Twenty four Is in most parts of England Twenty four Sheaves or four Shocks six Sheaves to the Shock Anno 2 Hen. 6. cap. 2. Yet in some Counties they count but Twelve Sheaves to the Thrave As in the Case of the Burgesses of Derby Hi autem ad Festum Sancti Martini reddebant Regi duodecim Trabes annonae Domes de Burgensibus Derbiae See Peter-Corne Thrimsa from the Sax. thrim quod ternos significat Signified of old a piece of Money of Three shillings according to Lambert or rather according to Selden the third part of a shilling Tit. Of Honor fol. 604. See Weregild Thrithing Thrithingum In the Statute of Merton signifies a Court which consists of three or four Hundreds Cokes 2 Part. Instit fol. 99. Thrower See Silkthrower Thwertnik Edwardus c. Concessimus etiam quod Vicecomes noster aut haeredum nostrorum qui pro tempore fuerit in dicto Comitatu de caetero faciat executiones pro debitis recuperatis recognitis in Comitatu vel Scaccario Cestriae aut in itinere Justiciariorum qui pro tempore fuerit absque aliquo capiendo pro executione hujusmodi facienda licet etiam praeteritis temporibus usum sit prout per cartam habet ipsa Communitas scil Cestrescirae quod si aliquis in Curia nostrae câ—â—patus fuerit per Thwertnik se defendere possit quia haec defensio est contraria legi Communi nutrix malorum pacis emula damnosa populo pacifico Volumus etiam de consensu requisitione
pascuis sayes Spel. So in an ancient Charter of Garradon-Abby in Leicestershire Dat. 14 Ed. 3. There is mention of the wicket-wong which is a large piece of enclosed ground lying before the Abby-gate still reteiniug the name See VVang Woodgeld VVoodgeldum Seems to be the gathering or cutting wood within the Forest or Money paid for the same to the Foresters And the immunity from this by the Kings Grant is by Crompton called Woodgeld fo 157. Coke on Litt. fo 233. a. sayes it signifies to be free from payment of money for taking of VVood in any Forest Woodmen Are those in the Forest who have charge especially to look to the Kings woods Crom. Jur. fo◠146. Woodmote Court Is the Court of Attachment of the Forest Manw. Par 1. pa. 95. See Attachment UUood-plea Court Is a Court held twice a year in the Forest of Clun in Com. Salop for determining all matters of wood and agistment there and was anciently perhaps the same with VVoodmote Court UUoodward VVoodwardus Is an Officer of the Forest whose Function you may understand by his Oath set down in Crom. Jur. fo 141. YOu shall truely execute the Office of a VVoodward of B. woods within the Forest of VV. so long as you shall be Woodward there you shall not conceal any offence either in Vert or Venison that shall be committed or done within your charge but you shall truely present the same without any favour affection or reward And if you see or know any Malefactors or find any Deer killed or hurt you shall forthwith do the Verderor to understand thereof and you shall present the same at the next Court of the Forest be it Swainmote or Court of Attachments So help you God VVoodwards may not walk with Bow and Shafts but with Forest Bills Manwood par 1. pa. 189. Arcum calamos gestare in Foresta non licet sed ut rescripti utar verbo Hachettum tantummodo Sic Term. Hill Anno 13 Ed. 3. Ebor. rot 106. Wool-drivers Anno 2 3 Ph. Ma. ca. 13. Are those that buy Wool abroad in the Country of Sheepmasters and carry it on horseback to the Clothiers or to Market-Towns to sell again Woolstaple Anno 51 Hen. 3. Stat. 5. That City or Town where wooll was sold See Staple Wool-winders Are such as wind up every Fleece of wooll that is to be packed and sold by weight into a kind of bundle after it is cleansed in such manner as it ought to be by Statute and to avoid such deceit as the owners were wont to use by thrusting in locks of refuse wool and other dross to gain weight they are Sworn to perform that office truly between the owner and the buyer See the Statute 8 H. 6. ca. 22. 23 Hen. 8. ca. 17. and 18 Eliz. ca. 25. Wranglands Seen to be misgrown Trees that will never prove timber Kitchin fo 160 〈◊〉 Wreck Wreccum maris Sax. ƿraec i. Detortum abdicatum Is where a ship is perish'd on the Sea and no man escapes alive out of it if any part of the Ship or any of the Goods that were in it are brought to Land by the Waves they belong to the King by His Prerogative or to such other person to whom the King has granted Wreck But if a man a Dog or a Cat escape alive so that the owner come within a year and a day and prove the Goods to be his he shall have them again by provision of the Statute of VVestm 1. ca. 4. 17 Ed. 2. ca. 11. See Coke Vol. 6. fo 106. a. Bracton lib. 2. ca. 5. num 7. Edouardus Conf. Ringsted cum libertate adjacente omni maris ejectu quod Wrec dicitur Ecclesiae Ramesiensi largitus est Lib. Ramesien Sect. 95. By which and other Antiquities it appears that VVrec did not onely comprehend Goods that came from a perishing Ship but whatever else the Sea did cast upon the Land were it precious Stones Fishes or the like For in the Statuto Praerog Regis ca. 11. we read Rex habebit Wreckum maris per totum regnum Balenas Sturgiones captas in mari vel alibi infra regnum exceptis quibusdam privilegiatis locis per Regem See Rot. Cart. 20. Hen. 3. m. 3. Rot. Cart. 4 Hen. 3. m. 6. Pat. 40. H. 3. in Dorso m. 1. This in the Grand Customary of Normandy ca. 17. Is called Uarech and Latined Veriscum and in some of our ancient Charters it is written Seupwerp quasi Sea-up-werp i. Ejectus maris from Up-werpen ejicere In the Statute 27 Hen. 8. ca. 26. it is called VVreke de mer. See 2 Inst fo 167. Writ Breve Is the Kings precept whereby any thing is commanded to be done touching a Sute or Action as the Defendant or Tenant to be summoned a Distress to be taken a Disscisin to be redressed c. And these VVrits are variously divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original VVrits are those which are sent out of the high Court of Cnancery for summoning the Defendant in a personal or Tenant in a real Action before the Sute begins or to begin the Sute thereby Those are Judicial which are sent out by order of the Court where the Cause depends upon emergent occasion after the Sute begun Old Nat. Br. fo 51 147. And judicial are thus known from Original because their Teste bears the name of the Chief Justice of that Court whence it comes whereas the Original saith Teste meipso in the name or relating to the King and according to the nature of the Action they are personal or real real are either touching the possession called VVrits of Entry or the property called VVrits of Right Some VVrits are at the Sute of the Party some of Office Some ordinary some of priviledge A VVrit of Priviledge is that which a privileg d person brings to the Court for his exemption by reason of some priviledge See Procedendo and New Book of Entries verbo Priviledge See Brief Writ of Rebellion See Commission of Rebellion Writ of Assistance issues out of the Exchequer to authorise any person to take a Constable or other publick Officer to seize Goods or Merchandise prohibited and uncostomed c. Stat. 14 Car. 2. ca. 11. Writer of the Tallies Scriptor Talliarum Is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writes upon the Tallies the whole Letters of the Tellers Bills Wudhepec See Pudhepeck Wulvesheved Contractius Wulveshead Sax. ƿlfe lupus heofod caput i. Caputlupinum Was the condition of those who were outlaw'd for Criminal matters in the Saxons time or not yielding themselves to Justice For if they could have been taken alive they must have been brought to the King and i. they for fear of being apprehended did defend themselves they might be slain and their heads brought to the King For their head was no more to