mind cap. 28. where he saith That contracts be some naked and sans garnment and some furnished or to use the literal signification of his word apparelled but a naked Obligation giveth no action but by common assent And therefore it is necessary or needfull that every Obligation be apparelled And an obligation ought to be apparelled with these sive sorts of garnements c. Howbeit I read it generally used for a warning in many places and namely in Kitchin fol. 6. Garnisher le court is to warn the Court. And reasonable garnishment in the same place is nothing but reasonable warning and again fol. 283. and many other Authors also But this may be well thought a Metonymy of the effect because by the warning of parties to the Court the Court is furnished and adorned Garrantie See Warrantie Garter Garterium cometh of the French Jartiere or Jartier i. periscelis fascia poplitaria It signifieth with us both in divers Statutes and otherwise one especiall Garter being the ensigne of a great and Noble Society of Knights called Knights of the Garter And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Poeta among the Graecians was Homer among the Romans Virgil because they were of all others the most excellent This high order as appeareth by M. Camden pag. 211. and many others was first instituted by that famous King Edward the third upon good successe in a skirmish wherin the Kings Garter I know not upon what occasion was used for a token I know that Polydore Virgil casteth in another suspition of the originall But his grounds by his own confession grew from the Vulgar opinion yet as it is I will mention it as I have read it Edward the third King of England after he had obtained many great victories king John of France king James of Scotland being both prisoners in the Tower of London at one time and king Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weighty occasion first erect this order in Anno 1350. viz. He danceing with the Queen and other Ladies of the Court took up a Garter that happened to fall from one of them whereat some of the Lords smiling the king said unto them That ere it were long hee would make that Garter to be of high reputation and shortly after instituted this order of the Blew Garter which every one of the order is bound dayly to wear being richly decked with Gold and precious stones and having these words written or wrought upon it Honi soit qui maly pence which is thus commonly interpreted Evill come to him that evil thinketh But I think it might be better thus Shame take him that thinketh evill See knights of the Garter M. Ferne in his glory of generosity agreeth with M. Camden and expressier setteth down the victories whence this order was occasioned whatsoever cause of beginning it had the order is inferior to none in the world consisting of 26. martial and heroical Nobles whereof the king or England is the chief and the rest be either Nobles of the Realm or Princes of other Countries friends and confederates with this Realm the Honour being such as Emperours and kings of other Nations have desired and thankfully accepted it he that will read more of this let him repair to M. Camden and Polydore and M. Ferne fol. 120. ubi supra The Ceremonies of the chapter proceeding to election of the investures and robes of his installation of his vow with all such other Observations see in M. Segars new book intituled Honour militarie and civill lib. 2. cap. 9. fol. 65. Garter also signifieth the principall kings at Armes among our English Heralds created by king Henry the fifth Stow. pag. 584. Garthman anno 13 R. 2. stat 1. ca. 19. anno 17. ejusd ca. 9. Gavelet is a special and antient kind of Cessavit used in Kent where the custome of Gavell kind continueth whereby the tenent shall forfeit his Lands and tenements to the Lord of whom he holdeth if he withdraw from him his due rents and services The new Expounder of Law Termes whom read more at large I read this word anno 10. Edw. 2 cap. unico where it appeareth to be a Writ used in the Hustings at London And I find by Fleta that it is used in other liberties as the Hustings of Winchester Lincolne York and the Cinque ports lib. 2. cap. 55. in principio Gavelkind is by M. Lamberd in his exposition of Saxon words verbo Terra et scripto compounded of three Saxon words gyfe cal cin omnibus cognatione proximis data But M. Verstegan in his restitution of his decayed intelligence cap. 3. called it Gavelkind quasi give all kind that is give to each child his part It signifieth in our Common law a custome whereby the Land of the Father is equally divided at his death amongst all his Sons or the Land of the Brother equally divided among the Brethren if he have no issue of his own Kitchin fol. 102. This custome is said to be of force in divers places of England but especially in Kent as the said Authour reporteth shewing also the cause why Kentish men rather use this custome than any other Province viz. because it was a composition made between the Conquerour and them after all England beside was conquered that they should enjoy their ancient customes whereof this was one For. M. Camden in his Britannia pag. 239. saith in expresse words thus Cantiani eâ lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque imprimis quam Gavelkind nominant Haec terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint adding more worth the noting viz. Hanc haereditatem cùm quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Hac filii parent thus furti damnatis in id genus fundis succedunt c. This custome in divers Gentlemens lands was altered at their own petition by Act of Parliament anno 31 H. 8. cap. 3. But it appeareth by 18 H. 6. cap. pri that in those dayes there were not above thirty or fourty persons in Kent that held by any other Tenure See the new Terms Gavelet and Gavelkind Gawgeour gaugeator seemeth to come of the French Gawchir i. in gyrum torquere It signifieth with us an Officer of the Kings appointed to examine all Tunnes Hogsheads Pipes Barrels and Tercians of Wine Oil Honey Butter and to give them a mark of allowance before they be sold in any place And because this mark is a circle made with an iron Instrument for that purpose It seemeth that from thence he taketh his name Of this Office you may find many Statutes the first whereof is anno 27 Ed. 3. commonly called the Statute of provision or Purveyours cap. 8. GE Geld signifieth with the
words Billa vera or disallow by writing Ignoramus such as they doe approve if they touch Life and Death are farther referred to another Jury to be considered of because the case is of such importance but others of lighter moment are upon their allowance without more work fined by the Bench except the party travers the Inditement or challenge it for insufficiency or remove the cause to a higher Court by Certiorari in which two former cases it is referred to another Jury and in the latter transmitted to the higher Lamb. Eir. li. 4. ca. 7. and presently upon the allowance of this Bill by the Grand Enquest a man is said to be indited Such as they disallow are delivered to the Bench by whom they are forthwith cancelled or torn The Petit Iury consisteth of twelve men at the least and are empaneled as well upon criminal as upon civil causes those that passe upon offences of Life and Death doe bring in their verdict either guiltie or not guilty wherupon the Prisoner if he be found guilty is said to be convicted and so afterward receiveth his judgement and condemnation or otherwise is acquitted and set Free Of this read Fortes cap. 27. Those that passe upon civil causes real are all or so many as can conveniently be had of the same Hundred where the land or tenement in question doth lie and four at the least And they upon due examination bring in their verdict either for the Demandant or Tenent Of this see Fortescue cap. 25 26. According unto which judgement passeth afterward in the Court where the cause first began and the reason hereof is because these Justices of Assise are in this case for the ease of the Country only to take the verdict of the Jury by the vertue of the writ called Nisi prius and so return it to the Court where the cause is depending See Nisi prius Joyn with this the chapter formerly cited out of the Custumary of Normandie and that of King Etheldreds laws mentioned by Master Lamberd verbo Centuria in his explication of Saxon words And by these two words you shall perceive that as well among these Normans as the Saxous the men of this Jury were Associates and Assistants to the Judges of the Court in a kind of equalitie whereas now adayes they attend them in great humility and are as it were at their command for the service of the Court the words set down by M. Lamberd are these In singulis centuriis comitia sunto atque liberae conditionis viri duodeni aetate superiores un à cum praeposito sacra tenentes juranto se aedeo virum aliquem innocentem hand condemnaturos sontemve absoluturos to this joyn also the 69. chapter of the said Custumary See Enquest See 12. Men. See Lamberds Eirenarch lib. 4. cap. 3. pag. 384. Juris utrùm is a writ that lieth for the incumbent whose predecessour hath alienated his lands or tenements the divers uses of which writ see in Fitzh nat br fol. 48. Jurisdictiou Jurisdictio is a dignity which a man hath by a power to doe Iustice in causes of Complaint made before him And there be two kinds of Jurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his fee The other is a Iurisdiction given by the Prince to a Bayliff this division I have in the Custumary of Normandie cap. 2. which is not unapt for the practice of our Commonwealth for by him whom they call a Bayliff wee may understand all that have commission from the Prince to give judgement in any cause The Civilians divide jurisdictionem generally in imperium jurisdictionem and imperium in merum et mixtum Of which you may read many especiall tractats written of them as a matter of great difficulty and importance Justes cometh of the French Joustes i. decursus and signifieth with us contentions between Martial men by speares on horsback anno 24 H. 8. cap. 13. Justice Justiciarius is a Freneh word and signifieth him that is deputed by the King to doe right by way of judgement the reason why he is called Justice and not Judex is because in ancient time the latine word for him was Justitia and not Justiciarius as appeareth by Glanv lib. 2. cap. 6. Roger Hoveden part poster suorum annalium fo l 413. a. and divers other places which appellation we have from the Normans as appeareth by the Grand Custumary cap. 3. And I doe the rather note it because men of this function should hereby consider that they are or ought to be not Justi in their judgements but in abstract ipsa justitia howbeit I hold it well if they perform their office in concreto Another reason why they are called Justiciari◠with us and not Judices is because they have their authority by deputation as Delegates to the King and not jure magistratus and therefore cannot depute others in their stead the Justice of the Forest only excepted who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices of these Justices you have divers sorts in England as you may perceive here following The manner of creating these Justices with other appurtenances read in Fortescue cap. 51. Justice of the Kings bench Justiciarius de Banco Regis is a Lord by his office and the chief of the rest wherefore he is also called Capitalis Justiciarius Angliae his office especially is to hear and determine all plees of the Crown that is such as concern offences committed against the crown dignity and peace of the King as treasons felonies mayhems and such like which you may see in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled The plees of the Crown from the first chapter to the fifty one of the first Book But either it was from the beginning or by time is come to passe that he with his Assistants heareth all personal actions and real also if they be incident to any personal action depending before them See Cromptons jurisd fol. 67. c. Of this Court Bracton lib. 3. ca. 7. nu 2. saith thus Placita vero civilia in rem personam in Curia domini Regis terminanda coram diversis Justiciariis terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet unam propriam sicut aulam regiam justiciariios capitales qui proprias causos Regis terminant aliorum omnium par querelam vel per privilegium sive libertatem ut si sit aliquis qui implacitari non debeat nisi coram domino Rege This Justice as it seemeth hath no patent under the broad Seal For so Cromp. saith ubi supra He is made only by Writ which is a short one to this effect Regina Johanni Popham militi salutem Sciatis
The rest touching this writ see in Fitzh nat brev fol. 75. See Misericordia Modo forma are words of Art in a Process and namely in the answer of the Defendant whereby he denyeth himself to have done the thing laid to his charge modo forma declarata Kitchin fol. 232. It signifieth as much as that clause in the Civil law Negat allegata prout allegantur esse vera Moitie commeth of the French moitiè id est coaequa vel media pars and signifieth the half of any thing Littleton folio 125. Monks Cloths anno 20 Hen. 6. cap. 20. Moniers monetarii Regist orig fol. 262. b. anno 1 Edw. 6. ca. 15. be ministers of the Mint which make and coyn the Kings mony It appeareth by some Antiquity which I have seen that in antient times our Kings of England had Mints in most of the Countries of this Realm And in the Tractate of the Exchequer written by Ockham I find that whereas Sheriffs ordinarily were tyed to pay into the Exchequer the Kings Sterling for such debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any sort of mony so it were silver And the reason is there given because those two Shires monetarios de antiqua institutione non habent Monstrance de droyt is as much as to say as shewing of his right It signifieth in our Common law a sute in Chancery to be restored to Lands or Tenements that indeed be mine in right though they were by some office found to be in possession of another lately dead See Stawnf praerog cap. 21. at large and Broke titulo Petition Of this also read Sir Edward Cokes Reports lib. 4. fo 54. b. c. The Wardens of the Sadlers Case Monstraverunt is a writ that lieth for tenents that hold freely by Charter in antient Demean being destreined for the payment of any toll or imposition contrary to their liberty which they do or should enjoy which se in Fitzh na br f. 14. Moriam is all one in signification with the French morion i. cassis a head-piece which word the Frenchman borroweth from the Italian morione anno 4 5 Phil. Mar. cap. 2. Morling aliâs mortling seemeth to be that wool which is taken from the skin of a dead sheep whether dying of the rot or being killed anno 27 H. 6. c. 2. This is written Morkin an 3 Jac. c. 18. Mort d'ancester See Assise Mortgage mortuum vadium vel mortgagium is compounded of two French words mort id est mors and gage id est pignus merces It signifieth in our Common law a pawn of land or tenement or any thing moveable laid or bound for mony borrowed peremptorily to be the Creditours for ever if the mony be not paid at the day agreed upon And the Creditour holding land or tenement upon this bargain is in the mean time called Tenent in mortgage Of this we read in the grand Customary of Normandy ca. 113. in these words Notandum insuper est quod vadiorum quoddam vivumqu oddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat ut terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis proventibus acquiratur ut terra tradita in vadium pro centum solidis usque tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de ejusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant So you see by both these Books that it is called a dead gage because whatsoever profit it yieldeth yet it redeemeth not it self by yielding such profit except the whole sum borrowed be likewise paid at the day See Skene de verb. significat eodem He that layeth this pawn or gage is called the Mortgager and he that taketh it the Mortgagee West parte 2. symb titulo Fines Sect. 145. This if it contain excessive usury is prohibited anno 37 H. 8. c. 9. Morimain manus mortua is compounded of two French words mort i. mors and main i. manus It signifieth in the Common law an alienation of Lands or Tenements to any Corporation Guild or Fratemity and their Successors as Bishops Parsons Vicars c. which may not be done without licence of the King and the Lord of the Manor The reason of the name proceedeth from this as I conceive it because the services and other profits due for such lands as Escheats c. commeth into a dead hand or into such a hand as holdeth them and is not of power to deliver them or any thing for them back again Magna Charta cap. 36. anno 7 Ed. pri commonly called the Statute of Mortmain and anno 18 Edw. 3. statut 3. cap. 3. anno 15 Rich. 2. cap. 5. Polydor. Virgil in the seventeenth Book of his Chronicles maketh mention of this Law and giveth this reason of the name Et legem hanc manum mortuam vocarunt quòdres semel datae collegiis sacerdotum non utique rursus venderentur velut mortuae hoc est usui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic ut nihil possessionum ordini sacerdotali à quoquam detur nisi Regio permissu But the former Statutes be something abridged by anno 39 Elizabeth cap. 5. by which the gift of land c. to Hospitals is permitted without obtaining of Mortmain Hotoman in his Commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An usus fructus 56. D. de usufr ligat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Judiciis Haec Hotomanus and read the rest Amortizatio est in manum mortuam trar slatio Principis jussu Petrus Belluga in speculo principum fol. 76. Jus amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may read a learned Tractate both of the beginning and nature of this Doctrine To the same effect you may read Cass de consuet Burg. pag. 348 387 1183 1185 1201 1225 1285 1218 1274. M. Skene de verbo signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive univer sitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu Ã
defined as when a servant killeth his Master or a VVife her Husband or when a secular or religious man killeth his Prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed see Cromptons Iustice of peace And this manner of treason giveth forfeiture of Escheats to every Lord within his own fee anno 25 Edw. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri et 2. Treason compriseth both high and petit treason anno 25 Ed 3. stat 3. ca. 4. Treasure trove Thesaurus inventus is as much as in true French Tresor trouve i. treasure found and signifieth in our Common law as it doth in the Civil law id est veterom depositionem pecuniae cujus non extat mâ—mâ—â—ia ut jam dominum non habcat l. 31. sect prim de acquir rerum Dom. Neer unto which definition commeth Braction lib. 3. tract 2. cap. 3. num 4. And this treaâ—ure â—ound though the Civil law do give it to the finder according to the law of nature yet the law of England giveth it to the King by his Prerogative aâ— appeareth by Bracton ubi supra And therefore as he also saith in the 6 Chapter it is the Coroners office to enquire thereof by the Country to the Kings use And Stawnford pl. cor lib. prim cap. 42. saith that in antient times it was doubtfull whether the concealing of treasure found were felony yea or not and that Bracton calleth it gravem praesumptionem et quasi crimen furti But the punishment of it at these daies as he proveth out of Fitzh Abridgement pag. 187. is imprisonment and fine and not life and member And if the owner may any waies be known then doth it not belong to the Kings Prerogative Of this you may read Brâ—ton also cap. 17. who saith that it is every Subjects part as soon as he hath found any treasure in the Earth to make it known to the Coroners of the County or to the Bailiff c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French treserier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose charge and government is all the Princes wealth contained in the Exchequer as also the check of all Officers any way imployed in the collecting of the Imposts Tributes or other Revenues belonging to the Crown Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his Office see anno 20 Edw. 3. cap. 6. et anno 31 Henr. 6. cap. 5. et anno 4 Edw. 4. cap. prim et anno 17 ejusdem cap. 5. et anno prim R. 2. cap. 8. et anno 21 Henr. 8. cap. 20. et anno pri Ed. 6. cap. 13. Ockams Lucubrations affirm that the Lord chief Iustice had this authority in times past and of him hath these words Iste excellens Sessor omnibus quae in inferiore vel superiore schaccio sunt prospicio Adnutum ipsius quaelibet officia subjects disponuntur sic tamen ut ad Domini Regis utilitatem justo perveniant Hic tameninter caterae videtur excellens quod potest his sub testimonio suo breve domini Regis fâ—cere fieri ut de thesauor quaelibet summa libixetur ved us computetur quod sibi ex Domini Regis mandato pranoverit computandum vel si maluerit breve suum sub aliarum testimonio faciet de his rebus This high Officer hath by varetie of his Office at this day the nomination of the Eschetors yearly throughout England and giveth the places of all Customers Controllers and Searchers in all the Ports of the Realm He sitteth in the Chequer Chamber and with therest of the Court ordereth things to the Kings best benefit He with the Barons may by Statute stall debts of three hundred pounds and under And by Commission from his Majesty he with others joyned with him letteth leases for lives or years of the lands that came to the Crown by the dissolution of Abbies He by his Office giveth warrant to certain men to have their wine without impost He taketh declaration of all the mony paid into the Receipt of the Exchequer and of all Receivers accompts Then is there a Treasurer of the King houshold who is also of the Privy Councel in the absence of the Steward of the Kings Houshold hath power with the Controller and the Steward of the Marshalsea without commission to hear and determine treasons misprisions of treasons murder homicide and blood shed committed within the Kings Pallace Stawnfopl cor l. 3. c. 5. In the statute an 28 R. 2. c. 18. et 11 H. 7. ca. 16. mention is made of the Treasurer of Calis In Westm. 2. cap. 8. of the Treasurer of the Exchequer et anno 27 Edw. 3. stat 2. cap. 18. et anno 35 Eliz. cap. 4. of the Treasurer of the Navy or Treasurer of the wars or garrisons of the Navy anno 39 El. 7. Treasurer of the Kings Chamber anno 26 H. 8. cap. 3. et anno 33 ejusdem cap. 39. Treasurer of the wars anno 7 Henr. 3. cap. prim anno 3. Honr. 8. cap. 5. Treasurer for the Chancery West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrope anno 15 Edw. 3. stat prim cap. 3. et anno 25 ejusdem stat 5. cap. 21. whose office you have well set out in Fleta lib. 2. cap. 14. Treasurer of the County for poor Souldiers anno 35 Eliz. cap. 4. And most Corporations through the Kingdom have an Officer of this name that receiveth their rents and disburseth their common expences Treat commeth of the French traire i. emulgere and signifieth in the Common law as much as taken out or withdrawn As a Iurour was challenged for that he might not dispend forty pounds and for that cause he was treat by the Statute Old nat br fol. 159. that is removed or discharged Bread of treat anno 51 H. 3. Statute of Bread c. what it signifieth I cannot learn Trespasse Transgressio is a French word signifying a much as Mors obitus excessus The reason whereof I take to be because in interpretation it is a passage from one place or estate to another for in Britton cap. 29. I find trespassants for passengers In our Common law and language it is used for any gransgression of the law under treason felony or misprission of treason or of feâ—ony or may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parliament to depart from the Parliament without the Kings license is neither treason nor felony but trespals And again fol. 31. saying that where it was wont before the Statute made anno prim Edw. a
joyntly to the Husband and the Wife and after to the Heirs of their bodies whereby the Husband and Wife be made joynt tenants during the coverture Coke lib. 3. Butler and Bakers case f. 27. b. See Frank mariage Joynture is also used as the abstract of Joynt tenants Coke lib. 3. the Marquess of Winchesters Case fol. 3. a. b. Junctura is also by Bracton and Fleta used for joyning of one bargain to another Fleta lib. 2. cap. 60. touching the self-same thing and therefore joynture in the first signification may be so called in respect that it is a bargain of livelihood for the wife adjoyned to the contract of mariage Journ Choppers anno 8 Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarn were in those daies called journ I cannot say but Choppers in these dayes are well known to be changers as choppers of Churches c. Journeyman commeth of the French Journee that is a day or dayes work which argueth that they were called Journeymen that wrought with others by the day though now by Statute it be extended to those likewise that covenant to work in their occupation with another by the year anno quinto Elizabeth cap. quarto IS Issue Exitus commeth of the French Issir i. emanare or the Substantive Issue i. exitus eventus It hath divers applications in the common Law sometime being used for the children begotten between a man and his wife sometime for profits growing from an amercement or fine or expences of sute sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of matter depending in sute whereupon the parties joyn and put their cause to the trial of the Jury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage between the Parents the profits growing to the King or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the trial of twelve men is the effect of pleading or processe Issue in this last signification is either general or special General issue seemeth to be that whereby it is referred to the Jury to bring in their verdict whether the Defendant have done any such thing as the Plaintiff layeth to his charge For example if it be an offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General issue and if a man complain of a private wrong which the Defendant denieth and pleads no wrong nor disseisin and this be referred to the 12. it is likewise the General issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. The Special issue then must be that where special matter being alleged by the Defendant for his defence both the parties joyn thereupon and so grow rather to a Demurrer if it be quaestio Juris or to tryal by the Jury if it be quaestio facti See the new Book of Entries verbo Issue JU Juncture See Joynture Jure patronatus See the new Book of Entries verbo Jure patronatus in quare impedit fol. 465. col 3. Jurie Jurata commeth of the French Jurer i. jurare it signifieth in our Common law a company of men as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in question Of which trial who may and who may not be empanelled see Fitzh nat brev fol. 165. D. And for better understanding of this point it is to be known that there be three manner of trials in England one by Parliament another by Battel and the third by Assize or Jury Smith de Repub. Anglorum lib. 2. cap. 5 6 7. touching the two former read him and see Battel and Combat and Parliament the trial by Assise be the action civil or criminal publike or private personal or real is referred for the fact to a Jury and as they find it so passeth the Judgement and the great favour that by this the King sheweth to his Subjects more than the Princes of other Nations you may read in Glanvil lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum quo vitae hominum Status integritats tam salubriter consulitur ut in jure quod quis in libero soli tenemento possidet retinendo duelli casum declinare possint homines ambiguum c. see the rest This Iury is not used only in Circuits of Justices Errant but also in other Courts and matters of Office as if the Escheatour make inquisition in any thing touching his Office he doth it by Jury or Inquest if the Coroner inquire how a subject found dead came to his end he useth an Inquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bayliff of a Hundred the Steward of a Court Leet or Court Baron if they inquire of any offence or decide any cause between party and party they doe it by the same manner So that where it is said that all things be triable by Parliament Battel or Assise Assise in this place is taken for a Jury or Enquest empanelled upon any cause in a Court where this kind of trial is used and though it be commonly deemed that this custom of ending and deciding causes proceed from the Saxons and Britons and was of favour permitted unto us by the Conquerour yet I find by the grand Customarie of Normandy cap. 24. that this course was used likewise in that Country For Assise is in that Chapter defined to be an assembly of wise men with the Bayliff in a place certain at a time assigned forty dayes before whereby Justice may be done in causes heard in the Court. Of this custom also and those Knights of Normandie Johannes Faber maketh mention in the Rubrique of the Title de militari testamento in Institut this Jury though it appertain to most Courts of the Common law yet is it most notorious in the half-year Courts of the Justices errants commonly called the great Assises and in the quarter Sessions and in them it is most ordinarily called a Jury And that in civil causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron the Homage In the general Assise there are usually many Juries because there be store of causes both civil and criminal comonly to be tried whereof one is called the Grand Jury and the rest Petit Juries whereof it seemeth there should be one for every Hundred Lamb. Eirenar lib. 4. cap. 3. pag. 384. The Grand Jury consisteth ordinarily of 24. grave and substantial Gentlemen or some of them Yeomen chosen indifferently out of the whole Shire by the Sheriff to consider of all Bils of Inditement preferred to the Court which they doe either approve by writing upon them these
licence Register original fol 298. a. Safe conduct See Saulf conduct Salus is a coyn of Gold stamped by King Henry the sixth in France which only coyn with another of Blanes of eight pence a piece was current in those places of France where King Henry was obeyed Stowes Aunals pag. 589. Safe pledge Salvus plegius is a surety given for a mans apparence against a day assigned Beacton lib. 4. cap. 2. nu 2. where it is also called certus plegius Sailing ware anno prim R. 3. cap. 8. Sak See Sac. Sakeber in Britton cap. 15. et 29. seemeth to be he that is robbed or by theft deprived of his goods with whom Bracton also agreeth lib. 3. tracta 2. cap. 32. nu 2. in these words Fartum vero manifestum est ubi latro deprehensus sit seisitus de aliquo latrocino se Hondbabende et Backberend et insecutus fuerit per alâ—quem cujus res illa fucrit qui dicitur Sacaburthe c. or Sathaber as Stanford calleth it pl. cor lib. pri cap. 21. The interpretation of this word I find not Only M. Skene de verbo interpretatio ne verbo Sacreborgh thinketh it should rather be written Sackerborgh of Sacker i. Securus and Borgh i. plegius signifying a sure cautioner or surety which one findeth to another for theft or slaughter whereof he offereth to accuse him judicially For in this case it behoveth the pursuer to oblige or bind himself into the hands of the Officer or before a ludge competent with Sicker Borg or sure caution that he will pursue in form of Law And by this means it may be that the accuser was wont with us to be called Sakbere of a circumstance because in this case he was surely bound to pursue Sycker is also an old English word signifying as much as sure secure or certain and see Borowe Salet is a head-piece anno 4 et 5. Phil. et Mar. it seemeth to come from the French Salut i. Salus Salmon sewse seemeth to be the young fry of Salmon quasi salmon issue anno 13. Rich. 3. stat pri cap. 19. Salva Gardia is a security given by the King to a stranger fearing the violence of some of his subjects for seeking his right by course of Law the form whereof see in the Register original fol. 26. a. b. Sanctuarie Sanctuarium is a place privileged by the Prince for the safeguard of mens lives that are offenders being foanded upon the Law of mercie and upon the great reverence honour and devotion which the Prince beareth to the place wherunto he granteth such a privilege Of this you may read a sufficient treatise in Stawnf pl. cor lib. 2. cap. 38. This seemeth to have taken beginning from the Cities of refuge which Moyses appointed them to flye unto for safegard of their lives that had by casualtie slain a man Exodus cap. 21. In bastardly imitation whereof first the Athenians then Romulus erected such a place of immunity which they and he after them called Asylum Polydor Virg de inventione rerum li. 3. cap. 12. The Emperours of Rome made the places of their own statues or Images a place of refuge as appeareth Cod. lib. 1. titulo 15. De iis qui adstatuas consugium as also the Churches codem titulo 12. De iis qui ad ecclesias confugiunt c. But among all other nations our anci-ne Kings of England seem to have attributed most to these Sanctuaries permitting them to shelter such as had committed both felonies and treasons so that within forty dayes they acknowledged their fault and so submitted themselves to banishment during which time if any man expelled them if he were Lay he was excommunicated if a Clerk he was made irregular But after forty daies no man might relieve them Stawnf ubi supra See of this the new book of Entries verb. Sanctuary and Fleta lib. 1 cap. 29. And how by degrees they have been taken away you may read partly in him and partly in the statutes a. 26 Hen. 8 cap. 13. et anno 28 ejusdem cap. 7. et anno 32 ejusd cap. 12. et anno 33 ejudsem cap. 15. et anno pri Ed. 6. cap. 12. et anno 2 ejusdem cap. 2. et cap. 33. et anno 5 ejusdem cap. 10. See Abjuration Salarie salarium is a recompence or consideration made to any man for his pains or industry bestowed upon another mans businesse So called as Pliny saith qui tam necessarium quam sat homini The word you have anno 23 Ed. 3. cap. pri Salmon pipe anno 25 H. 8. cap. 7. is an engine to catch Salmons and such like Fish Sandal anno 2 Rch. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kind of wood brought out of India For Sandal in French so signifieth and in Latin it is called Santalum Sarkling time or time of sarcling Seemeth to be all one with hey seel Or the time when the Country man weedeth his Corn. And it proceedeth from the Latin sarculore to rake or weed Or from the French Sarcler which hath all one signification Sarplar sarpleralana is a quantity of VVooll This in Scotland is called Serpliathe and containeth fourscore stone for the Lords of the Councel in anno 1527. decreed four Serpliathes of packed wool to contain sixteenscore stone of wool by the traffique of Merchants now used The Merchants use to fraught for their goods to Flanders by the Sack to France Spain and England by the Tunne and to Danken and the Eastern Seas by the Serpliath Skene de verborum significatione verbo Serpliat e with us England a load of wooll as I have been informed consisteth of eighty Todde each Todde consisting of two stone and each stone of fourteen pound And that a Sack of wool is in common account equal with a Load and a Sarplar otherwise called a pocket is half a Sack Further that a pack of wooll is a Horse load which consisteth of seventeen stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the penny sterling which weigheth 32. VVheat corns of the middle sort and that two of those pence make an ounce and twelve ounces a pound in weight or twenty shillings in number and that eight pound of VVheat maketh a jallon or a gallon as we now call it and eight gallons a bushell and eight bushels a common quarter Also that fifteen ounces of the quantity aforesaid do make a Mérchants pound And that 12. such pounds and a half make a stone and that fourteen stone make a waigh and that two waighes or twenty eight stone make a sack of Wool which ought to weigh a quarter of Wheat and that 12 Sacks make a Last So that a weigh and a Sarpler seemeth to be all one but that the Sarpler is the case and the weigh respecteth the quantity of the Wooll it self and that a load and a sack is all one Saunkefin is a