haue thought it their part to expound any thing they could meete with in their vvalke And in deede a Lavvyer professeth true Philosophy and therefore should not be ignorant if it vvere possible of either beastes foules or creeping things nor of the trees from the Cedar in Lebanon to the Hyssop that springeth out of the vvall And therefore if I haue either omitted any hard vvord vvithin my circuit or set it dovvne not expounded I giue you good leaue to impute the one to my negligence the other to mine ignorance and so cōmend these my paines to your best profit and you vnto God Nouember 3. 1607. IO. COVVELL These faults I haue noted according to the words alphabetically which of necessitie require emendation IN the word Rawnge for Pouralleeses read Pourallees In the word Reasonable ayde reade Claimeth of his tenents houlding c. For the word Remittere read Remitter In the word Returno habendo for Expleuied reade Repleuied In the word Scot and Lot for Aulote Auscote reade Anlote Anscote For the word Statutum de laboriis reade Laborariis In the word Terme for Certifie reade Rectifie For the word Thrid with hawan man reade Thrid nith For the word Tost read Toft In the word Tolle for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the word Verdour for Verdioir read Verdeur For the word Vicountie reade Vicountiel In the word Watlingstreat for Tosse read Fosse in the word Widow for Vide read Vuide For the word Woolferthfod read Wolferhefod The signification of Words A B ABATE Iutrudere seemeth to be taken from the French Abatre i. decutere destruere prosternere It is in the Writers of the Common law vsed both actiuely and passiuely or rather neuterly as to abate a castell or a fortlet Old Nat. br fo 45. which in Westm 1. cap. 17. is plainely interpreted to be as much as to beate downe And to abate a Writ is by some exception to defeate or ouerthrow it Britton cap. 48. And in this Actiue voice it hath two significations one generall another speciall generall as in the former examples and againe in Kitchin fol. 173. Abater meason is to ruine or cast downe a house especiall as in the Old Nat br fol. 115. A stranger abateth that is entreth vpon a house or lād void by the death of him that last possessed it before the heire take his possession and so keepeth him out Wherefore as he that putteth out him in possession is said to disseise so he that steppeth in betweene the former possessor and his heire is said to abate In the neuter signification it is vsed ann 34. Edw. 1. stat 2. of ioynt tenants viz. the Writ of the demandant shall abate that is shall be disabled frustrated or ouerthrowne So in Stawnfords plees of the crowne fol. 148. In this case a man may say that the appeale abateth by covin that is that the accusation is defeated by deceit See Intrusion Abatement Intrusio cōmeth also of the French abatement i. deiectio decussio prostratio and is likewise vsed as the verbe abate both actiuely and passiuely somtime signifying the act of the abator as the abatement of the heire into the land before he hath agreed with the Lord. Old nat br fol. 91. Sometime the affection or passion of the thing abated as abatement of the writ Kitchin fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians Brit. cap. 51. or rather an effect of it For the exception alledged and made good worketh the abatement And this exception may be taken either to the insufficiencie of the matter or to the incertaintie of the allegation by the misnaming of the plaintiffe defendant or place to the variance betweene the Writ and the specialtie or record to the incertaintie of the VVrit count or declaration or to the death of the plaintiffe or defendant new tearmes of the law verbo Abatement of Writ And he that will reade more of this may looke vpon the new booke of Entries verbo Briefe Abatour Intrusor is he that abateth that is thrusteth into a house or land void by the death of the former possessor and not yet entred or taken vp by his heire Old nat br fol. 115. Perkins fol. 76. If there be a disseissor abator or intrudor vpon any land by the deceipt of the woman c. Abbot Abbas in French Abbè is by skilfull Linguists said to come from the Syriacke word Abba i. pater and in our common law is vsed for him that in the covent or fellowship of Canons hath the rule and preheminence He is by Iustinian novel constitut 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tearmed Archimandrita of others Coenobiarcha vel Archimonachus Hoto in verbis feuda Of these some here in England were mitred some not Stowes annals pa. 442. And those that were mitred were exempted from the iurisdiction of the diocesan hauing in themselues episcopal authoritie within their precincts and being also Lords of the Parlament Of this kind thus saith Corasius Aliqui Abbates habent iurisdictionem episcopalem ad quos cum Ecclesia pleno iure pertineat in eorum Monasteriis Episcopus nihil exercet cap. Ea quae Vbi Panor extra de statu Monacho Haec dictus author in Paraphrasi de sacerdotio materia parte pri cap. 9. And these were called Abbots soueraigne anno 9. R. 2. cap 4. and Abbots generals as M. Fearne noteth in his glory of generositie pag. 126. The other sort were subiect to the diocesan in all spirituall gouernement cap. Monasteria 18. quaest 2. cap. Abbas cap. visit andi cum quatuor sequentibus ibidem ca. Omnes 16. quaest 7. cap. Cùm venerabilis extra de religîosis domibus And as Abbots so were there Lord Priors also who both had exempt iurisdiction were Lords of the Parlament as appeareth by S. Edward Cooke de iure Ecclesiastico fol. 28. a. Abeyance seemeth to be deriued from the French Abayer i. allatrare to barke at as dogs do against a stranger or spaniels at a Fesant put to the pearke So children are said bayer à la mamme when seing the dug they struggle and make meanes towards it And they likewise bayer a l'argent qui spe atque animo incumbunt pecuniae This word in Litleton cap. Discontinuance is thus vsed The right of Fee-simple lyeth in abeyance that is as himselfe interpreteth all onely in the remembrance intendmēt and consideration of the law Also in the same place the Francke tenement of the glebe of the parsonage is in no man during the time that the parsonage is void but is in abeyance And againe It is a principle in lawe that of euery land there is Fee-simple in some man or the Fee-simple is in abeyance Considering these places and comparing them with the signification of
spices and drugs to be garbleled 1. Iaco. 19. Day dies is sometime vsed in the lawe for the day of appearance in court either originally or vpon assignation and sometime for the returnes of writs For example daies in bank be daies set downe by statute or order of the court when writs shall be returned or when the partie shall appeare vpon the writ serued And of this you may read the statutes anno 51. H. 3. ca. 1. 2. Marlb ca. 12. anno 52. H. 3. and the statute de anno bissextili anno 21. H. 3. and lastly anno 32. H. 8. ca. 21. To be dismissed with out day is to be finally discharged the court Kitchin fo 193. He had a day by the rolle Kitchin fo 197. that is he had a day of appearance assigned him Day yeere and waste Sea Dies and yeare Deadly feude feuda is a profession of an vnquencheable hatred vntill we be reuenged euen by the death of our enemie It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is vsed anno 43. Eliz. cap. 13. Dead pledge mortuum vadium See Mort gage Deane decanus is an ecclesiasticall magistrate so called of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power ouer ten Canons at the least How be it in England we vse to call him a deane that is next vnder the bishop and cheife of the chapter ordinarily in a cathedrall church and the rest of the societie or corporation we call Capitulum the chapter But this word how diuersly it is vsed read Lindwood titulo de iudiciis ca. pri verbo Decanirurales where deane rurals are saide to be certaine persons that haue certaine jurisdiction ecclesiasticall ouer other ministers and parishes neere adioyning assigned vnto them by the Bishop and archdeacon being placed displaced by them As there be two foundations of cathedrall churches in England the old the new the new bethose which Henry the 8. vpon suppression of abbeyes transformed from abbot or prior couēt to deane and chapter so be there two meanes of creating these deanes For these of the old foundation are brought to their dignitie much like Bishops the king first sēding out his congè d' eslire to the chapter the chapter then chusing the king yeelding his royal assēt and the Bishop confirming him and giuing his mandate to installe him Those of the newe foundation are by a shorter course installed by vertue of the kings leters patents without either election or confirmation This word is also applyed to diuers that are the chiefe of certaine peculiar Churches or chapels as the deane of the kings chapell the deane of the Arches the deane of Saint George his chapell in Windsour the deane of Bockin in Essex Debet solet These words are diuers times vsed in the writers of the common lawe and may trouble the minde of a young student except he haue some aduertisement of them For example it is saide in the old nat br fo 98. This writ de secta molendini being in the debet and solet is a writ of right c. and againe fo 69. A writ of Quod permittat may be pleaded in the countie before the shyreeue and it may be in the debet and in the solet or the debet with out the solet according as the Demandāt claymeth wherfore note that those writs that be in this sort brought haue these words in them as formall words not to be omitted And according to the diuersity of the case both debet and solet are vsed or debet alone that is if a man siew to recouer any right by a writ whereof his awncester was disseised by the tenent or his awncester then he vseth onely the word debet in his writ because solet is not fit by reason his awncester was disseised and the custome discontinued but if he siew for any thing that is now first of all denied him then he vseth both these words debet so'et because his awneesters before him and he him selfe vsually imoyed the thing siewed for as suite to a mille or common of pasture vntill this present refusall of the tenent The like may be saide of debet and detinet as appeareth by the Register orig in the writ de debito fo s 40. a. Debito is a writ which lieth where a man oweth to another a certaine summe of mony-vpō an obligation or other bargain for any thing sold vnto him Fitz. nat br fo 119. This writ is made somtime in the Detinet not in the Debet which properly falleth out where a man oweth an annuitie or a certaine quantity of wheat barley or such like which he refuseth to pay old nat br fo 75. See Debet Solet Denelage denelagia is the law that the Danes made heere in England out of which and Merchenlage and West Sexonlage the Conquerour compounded certaine ordinances for his subiects Camdeni Britan. pa. 94. pa. 183. Decem tales See Tales Decies tantum is a writ that lieth a gainst a Iurour which hath taken mony for the giuing of his verdict called so of the effect because it is to recouer ten times so much as he tooke It lieth also against embracers that procure such an enquest anno 38. Ed. 3. ca. 13. Reg. orig fo 188. Fitzh nat br fo 171. New booke of Entrise verbo Decies tantum Deceyte déceptio fraus dolus is a subtile wilie shift or deuiso hauing noe other name Hereunto may be drawen all maner of craft subtiltie guile fraude wilynes slightnes cunning couin collusion practise and offence vsed to deceiue another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decenniers See Deciners Deceptione is a writ that lieth properly against him that deceitfully doth any thing in the name of another for one that receiueth harme or dāmage therby Fuzh. nat br fo 95. This writ is either originall or iudiciall as appeareth by the old nat br fo 50. where you may reade the vse of both For some satisfaction take these words of that booke This writ of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise euill intreated as it appeareth by the Register c. And when it is iudiciall then it lieth out of the rols of record as in case where scire facias is sent to the Shyreeue that he warme a man to be before the Iustices at a certaine day and the Shyreeue returne the writ serued whereas the said man was not warned by which 〈◊〉 partie that sieweth tho scire 〈…〉 as recouereth then the party which ought to haue beene warned shall haue the saide writ against the Shyreeue The author of the termes of lawe verbo Deceite saith that the
his Additament to his Theater verb. Ansiatici saith is an old Gothish word Where he sheweth not the interpretation It signifieth a certaine societie of Merchants combined together for the good vsage and safe passage of merchandies from kingdome to kingdome This societie was and in part yet is endued with many large priuiledges of princes respectiuely within their territories It had foure principall seates or staples where the Almaine or Dutch Merchants being the erectours of this societie had an especiall house one of which was here in London called Gildhalda Teutonicorum or in our common language the Steelyard Of this you may reade more in the place of Ortelius aboue mentioned Happe commeth of the french Happer i. rapio cum quadam velocitate capio and the french seemeth to come from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It signifieth in our common lawe the same thing as to happe the possession of a deede poll Litleton fol. 8. Haque is a handgunne of about three quarters of a yard long anno 33. H. 8. ca. 6. a. 2. et 3. Ed. 6. ca. 14. There is also the halfe haque or demy hake See Haquebut Haquebut is that peece of artilery or gunne which we otherwise call an harquebuse being both french words anno 2. 3. Ed. 6. ca. 14. anno 4. 5. Ph. Ma. ca. 2. Hariot aliâs Heriot heriotum is the saxon heregeat a litle altered which is drawn from here i. exercitus and a heriot in our Saxons time signified a tribute giuen to the lord for his better preparation toward war Lamb. in his expl of Saxon words verbo hereotum The name is still reteined but the vse altered for whereas by M. Lamb. opinion vbi supra it did signifie so much as Releife doth now with vs now it is taken for the best chaâ—ell that a tenent hath at the houre of his death due vnto the lord by custome be it horse oxe kettle or any such like M. Kitchin distinguisheth betweene heriot seruice and heriot custom fol. 133. 134. for interpretation whereof you shall finde these words in Brooke titulo hariot nu 5. Hariot after the death of the tenent for life is hariot custome For hariot service is after the death of tenent in fee-simple The new Expounder of the lawe termes saith that hariot seruice in some mans opinion is often expressed in a mans graunt or deed that hee holdeth by such seruice to pay hariot at the time of his death that holdeth in fee simple Hariot custome is where hariots haue bin payed time out of mind by custome And this may be after the death of the tenent for life See Plowden fol. 95. b. 69. a. b. Braston saith that heriotum est quasi Releuium lib. 2. cap. 36. See Reliefe But Britton cap. 69. saith that heriot is a reward made by the death of a tenent to any Lorde of the best beaste found in the possession of the tenent deceased or of some other according to the ordinance or assignement of the party deceased to the vse of his Lord which reward toucheth not the Lord at all nor the heire nor his inheritance neither hath any comparison to be Releife for it proceedeth rather of grace or goodwill then of right and rather from villeins then free men See Dyer fol. 199. nu 58. to the same effect This in Scotland is called Herrezelda compounded of herr i. dominus herus and zeild i. gift Skene de verbo signif verbo Herrezelda Hart is a stagge of 5. yeares old compleate Manwood parte 2. of his forest lawes cap. 4. nu 5. which he hath out of Budaeus de philologia li. 2. And if the King or Queene doe hunt him and he escape away aliue then afterward he is called a Hart royall And if the beast by the Kings or Queenes hunting be chased out of the forest and so escape proclamation is commonly made in the places there about that in regard of the pastime that the beast hath shewed to the King or Queene noneshall hurt him or hinder him from returning to the forest and then is he a Hart royall proclaimed Idem eodem Hauberk commeth of the French Haubert i. lorica wherevpon he that holdeth land in France by finding a coate or shirt of mayle and to be readie with it when he shall be called is said to haue Hauberticum feudum whereof Hotoman writeth thus Hauberticum feudum gallicâ linguâ vulgò dicitur pro loricatum i. datum vasallo ca conditione vt ad edictum loricatus siue cataphractus praesto sit Nam vt lorica latinis propriè minus vsitatè est tegmen de loro factum quo maiores in bello vtebantur quemadmodum Seruius Honoratus scribit in libro AeneiduÌ„ 11 frequentissimè autem pro aenea armatura in tegravsurpatur sic apud Gallos Haubert propriè loricam annulis contextam significat quam vulgus Cotte de maille appellat Haec Hot. in verbis feudal verbo Hauberticum feudum Hauberk with our awncesters seemeth to signifie as in France a shirt or coate of mayle and so it seemeth to be vsed anno 13. Ed. pri stat 3. ca. 6. Though in these daies the word is otherwise written as Halbert and signifieth a weapon well enough knowne Haward aliâs Hayward secmeth to be componnded of two french word Hay i. sepes Garde i. custodia It signifieth with vs one that keepeth the common heard of the towne the reason may be because one part of his office is to looke that they neither breake nor croppe the hedges of inclosed grounds It may likewise come from the german herd i. armentuÌ„ bewarren i. custodire He is a sworne officer in the Lords court and the forme of his oath you may see in Kitchin fol. 46. Hawkers be certaine deceitfull felowes that goe from place to place buying selling brasse pewter and other merchandise that ought to be vttered in open market The appellation seemeeth to growe from their vncertaine wandering like those that with hawkes seeke their game where they can finde it You finde the word anno 25. H. 8. ca. 6. anno 33. eiusdem cap. quarto Headborow is compounded of two words Heofod i. caput and Bor-he i. pignus It signifieth him that is chiefe of the franckpledg and him that had the principall gouernment of them within his owne pledge And as he was called Headborowe so was he also called Borowhead Bursholder Thirdborow Tithing man Chiefe pledge or Borowelder according to the diuersitie of speach in diuers places Of this see M. Lamberd in his explication of Saxon words verbo Centuria and in his treatise of Constables and Smith de Repub. Anglo lib. 2. cap. 22. It nowe signifieth Constable See Constable Healfang is compounded of two Saxon words Hals i. colluÌ„ and fang i. capere captivare See Pylorie Heire Haeres though for the word it be borowed of the latine yet it hath not altogether the same signification with vs that it
if they thinke good And the later course is taken most commonly where there is feare of strife and contention betweene the kindred and freinds of the party deceased about his goods For a will proued only in common forme may be called into question any time within 30. yeares after by common opinion before it worke prescription Procedendo is a writ whereby a plee or cause formerly called from a base court to the Chaūcerie Kings bench or commō plees by a writ of priuiledge or certiorare is released and sent downe againe to the same court to be proceded in there after it appeareth that the defendant hath no cause of priniledge or that the mater comprised in the bille be not well proned Brooke hoctitulo and Termes of lawe Cooke vol. 6. fol. 63. a. See anno 21. R. 2. cap. 11. in fine leters of procedendo graunted by the keeper of the priuie scale See in what diuersitie it is vsed in the table of the originall Register and also of the Iudiciall Proces Processus is the maner of proceeding in euery cause be it personall or reall ciuile or criminall even from the originall writ to the end Britton fol. 138. a. where in there is great diuersitie as you may see in the table of Fitzh br verbo Proces and Brookes Abridgement hoc titulo And whereas the wtitings of our common lawyers sometime call that the proces by which a man is called into the court and no more the reason thereof may be giuen because it is the beginning or the principall part thereof by which the rest of the busines is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diucrs kinds of proces vpon Inditements before Iustices of peace See in Cromptons Iustice of peace fol. 133. b. 134. 135. But for orders sake I referre you rather to M. Lamberd in his tractat of ptocesses adioyned to his Eirenarcha who acording to his subiect in hand diuideth criminall proces either into proces touching causes of treason or selonie and proces touching inferiour offēces the former is vsually a capias capias aliâs exigi facias The second is either vpon enditement or presentment or information that vpon enditement or presentment is all one and is either generall and that is a venire facias ' vpon which if the partie be returned sufficient then is sent out a Distringas infinite vntill he come if he be returned with a Nibil habet then ifsueth out a Capias Capias aliâs Capias pluries and lastly an Exigifacias The speciall proces is that which is especially appointed for the offēce by statute for the which he referreth his reader to the 8. Chapter of his 4. booke being very different Processium continuando is a writ for the continuance of a proces after the death of the cheife Iustice in the writ of oyer and terminer Register originall fol. 128. a. Prochein Amy Proximus amicus vel propinquior is word for word a neere freind It is vsed in our common lawe for him that is next of kinde to a childe in his nonage and is in that respect allowed by lawe to deale for him in the managing of his affaires as to be his Gardian if he hold of any in socage and in the redresse of any wrong done vnto him be it by his Gardian if he be ward and hold in Chiualrie or any others Statut. West pri cap. 48. 3. Ed. pri and Westm 2. cap. 15. anno 13. Ed. pri Profe aliâs Prove is vsed for an Enquest anno 28. Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publikely giuen of any thing whereof the King thinketh good to advertise his subiects So it is vsed anno 7. Rich. 2. ca. 6. Proclamation of rebellion is a publike notice giuen by the officer that a man not appearing vpon a Sub poena nor an attachment in the Starre Chamber or Chauncerie shal be reputed a rebell except he render himselfe by a day assigned Cromptons Iurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notice openly and solemnly giuen at all the Assises that shall be holden in the Countie within one yeare after the ingrossing of the fine and not at the foure generall quarter sessions And these proclamations be made vpon transcripts of the fine sent by the Iustices of the Common plees to the Iustices of Assise and the Iustices of peace West parte 2. symbol titulo Fines sect 132. where also you may see the forme of the proclamarion Proclamare est palā valde clamare vsed by Tullie Liuie and the Civilians Π. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causam agit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamatorem aut rabulam hoc sermone conquirimus c. I reade in Fitzh nat br fol. 85. C. that the kings proclamation is sufficient to stay a subiect from going out of the Realme See the force of proclamations anno 31. H. 8. cap. 8. see also Proclamations in diuers cases Newe booke of Enteries verbo Proclamation Procters of the clergie procuratores cleri are those which are chosen and appointed to appeare for cathedrall or other Collegiat churches as also for the common clergie of euery Dioces at the Parlament whose choice is in this sort First the king directeth his writ to the Archebishop of each province for the summoning of all Bishops Deanes Archdeacons cathedrall and collegiat churches and generally of all the clergie of his prouince after their best discretion and iudgement assigning them the time and place in the said writ Then the Archebishops proceede in their accustomed course One example may serue to shew both The Archebishop of Canterbury vpō his writ receiued directerh his leters to the Bishop of London as his Deane provincial 1. § statuimui de poenis verb. tanquam in glos first citing himselfe petemptorily and then willing him to cite in like maner all the Bishops Deanes Archedeacons cathedrall and collegiate churches and generally all the Clergie of his Prouince to the place and against the day prefixed in the writ But directeth withal that one Proctor sent for euery Cathedrall or Collegiat Church and two for the bodie of the inferiour Clergie of each Diocesse may suffice And by vertue of these leters authentically sealed the said Bishop of London directeth his like leters seuerally to the Bishop of euery Diocesse of the Prouince citing them in like sort and commaunding them not onely to appeare but also to admonish the said Deanes and Archdeacons personally to appeare and the Cathedral 〈…〉 and collegiat Churches as also the common Clergie of the Diocesse to send their Proctors to the place and at the day appointed and also willeth them to certifie the Archbishop the names of all and euery so monished by them in a shedule annexed to their leters certificatorie The Bishops proceed accordingly and the
de verborum signifi verb. waife saith that waife est pecus vel animal aberrans which wanders and wauerrs without a knowne master and being found by any man within his owne bounds must be by him proclaimed vpon diuers and sundry market daies at the parish church and within the shyreeuedome Otherwise the deteiner may be accused of theft And it is lawfull for the owner to challenge the beast within a yeare and day Whereby it appeareth that in Scotland that is called a weife which we heere call a stray or estray Weald of Kent is the wooddie part of the Countrie Camden Britannia pag. 247. M. Verstegan in his restitution of decayed intelligence saith that Wald Weald and Would differing in vowell signifie one thing to wit a Forest See the rest luera W. Wedding Nuptiae commeth of the German wed i. pignus and wedde in Scotland signifieth so much at this day Skene de verborum signifi verbo Vadium Weigh waga is a certaine waight of cheese or wooll conteining 256. pounds of avoyr de poyce See Clove Weights Pondera what they be it is wellknowne There be 2. sorts of them in vse with vs. The one called Troy weight which conteineth 12. ounces in the pound and no more by the which pearl pretious stones electuaries medicinal things gould siluer and bread be waied The other is called Auer de pois which conteineth 16. ounces in the pound By this all other things are waied that passe betweene man and man by weight sauing onely those aboue named why the one should be called Troy weight I haue not learned though I reade it termed libram vnciam Troianam as if it came from Troy But Georg. Agricola in his learned tractate de ponderibus mensuris pa. 339. termeth the pound of 12. ownces libram medicam and the other of 16. ownces libram ciuilem saying thus of them both Medica ciuilis libra numero non grauitate vnciarum differunt The second seemeth soe to be termed by reason of the more full weight for Avoir de pois in French isas much to say as to haue full weight But by these words Avoir de pois are some time signified such marchandies as are bought and sould by this kinde of weights the first statute of Yorke anno 9. Ed. 3. in prooem anno 27. Ed. 3. stat 2. ca. 10. ann 24 H. 8. ca. 13. Of weights in Scotland See Skene de verb signif verbo Serplathe All our weights and measures haue their first composition from the peny sterling which ought to weigh 32. wheat corns of a middle sort twenty of which pence make an ownce and twelue such ownces a pound or twenty shillings but 15. ownces make the Merchants pound Fleta li. 2. ca. 12. It is not vnlike that this merchants pound though an ounce lesse should be all one in signification with the pound of auoir de pois and the other pound called by Flata trone weight plainely appeareth to be all one with that which we now call trole weight And I finde not Troie weight mentioned by any other that euer I read vpon this subiect but onely our owne contry men See Tronage Weights of Awncell anno 14. Ed. 3. stat pri c. 12. See Auncell weight Were aliâs werre signifieth as much as Aestimatio capitis aut pretiuÌ„ hominis M. Lam. exp of SaxoÌ„ words verbo Aestimatio That is to say so much as one paid for killing of a man Whereby he gathereth that slaughters and such other great offences were more rarely committed in auncient times then now when as for the multitude of offenders death is most iustly inflicted for those crimes that then were redressed by pecuniary mulcts Of this see Roger Houeden parte poster suoruns annalium in Henrico 2. fo 344. Weregelt thef significat latronem quire dimi potest wera enim anglicè idem est in Saxonis lingua vel pretium vitae hominis appraetiatum Fleta lib. 1. ca. 47. West Saxon lage aliâs West sexenlage See Lawe Wharfe wharfa is a broad plaine place neare to a Creeke or hithe of the water to lay wares vpon that be brought to or from the water to be transported to any other place New booke of Entries fol. 3. col 3. Wharfinger is the keeper of a wharfe anno 7. Ed. 6. ca. 7. White hart siluer Candidi Cerui argentum is a tribute or mulct paid into the Eschequer out of the Forest of white hart which as M. Camden reporteth in his Britan. pag. 150. hath continued from Henry the thirds time and was imposed by him vpon Thomas De-la-linde for killing of a most beautifull hart which himselfe before had purposely spared in hunting Widow vidua seemeth to come of the French vide i. inanitus exinanitus or the verb vuider i. inaniare quasi priuata atque orba marito Macrobius lib. pri saturn ca. 15. draweth it from the Hetruscan verb Iduare i. diuidere Vnde vidua quasi valde idua i. valde diuisa aut vidua i. a viro diuisa The signification with vs is apparent But there is one kinde of widow called the widow of the King or the Kings widow vidua Regis that requireth exposition And shee is that widow which after her husbands death being the Kings tenent in capite is driuen to recouer her Dower by a writ De dote assignanda Of whom you may read Stawnf praerog cap. 4. The words of the statute of the prarog made anno 17. Ed. 2. be these Item assignabit viduis post mortem virorum suorum qui de co tenuerunt in capite dotem suam quae eas contingit c licet haeredes fuerint plenae aetatis sividuae voluerint Et viduae illae ante assignationens dotis suae praedictae fiue haeredes plenae aetatis fuerint siue infra aetatem iurabunt quòd se non maritabunt sine licentia Regis Tunc Rex capiet in manum suam nomine districtionis omnes terras tenementa quae de eo tenentur in dotem donec satisfecerint ad voluptatem suam ita quòd ipsa mulier nihil capiet de exitibus c. quia per huiusmodi districtiones huiusmodi mulieres seu viri corum sinem facient Regiad voluptatem suam Et illae voluntas tempore Regis Henrici patris Regis Edwardi aestimari consueuit ad valentiam praedictae dotis per vnum annum adplus nisi vlteriorem gratiam habuerint Mulieres quae de Rege tenent in capite aliquam haereditatem iurabunt similiter cuiuscunque fuerint aetatis quòd se non maritabunt sine licentia Regis Et sifecerint â—errae tenementa ipsarum eodent modo ca 〈…〉 tur in manum Deâ—ini Regis 〈…〉 usque satisfecerint ad voluntatem Regis Of this see likewise the great charter cap. 7. whereby it appeareth that other common Lords haue the same power ouer their widowes touching their consent in their mariage that the King hath Of this you