Nisi prius which came to his hand that term which received he bindeth into a bundle and bestoweth them The Custos breviam also maketh entry 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 levied The Fines after they be ingrossed the parts thereof are divided between the Custos brevium and the Chirographer whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note the Custos brevium keepeth the concord and the foot of the Fine upon the which foot the Chirographer do because the Proclamations to be endorsed when they be all proclaimed This Office is in the Princes gift Custos placitorum coronae Bracton l. 2. cap. 5. This seemeth to be all one with him whom we now call Custos rotulorum Of this Officer I find mention in the Writ odio acia Regist orig fol. 133. b. Custos rotulorum is he that hath the custodie of the Rolls or Records of the Sessions of Peace and as some think of the commission of the Peace it self Lamb. Eirenarch lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum in the County where he hath his Office Idem eodem and by his Office he is rather termed an Officer or Minister than a Judge because the Commission of the Peace layeth by expresse words this especial charge upon him quòd addies loca praedicta brevia praecepta praecessus indictamenta prodictacoram te dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this Office Custos of the spiritualities custos spiritualitatis vel spiritualium is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Dioces during the vacancie of the See the appointment of whom by the Canon Law appertaineth to the Dean and Chapter ca. ad abolendā Extra Ne sede vacante aliquid innovetur But with us in England to the Arch-bishop of the Province by Prescription Howbeit divers Deans and Chapters if M. Gwin say truly in the Preface to his Readings do challenge this by auncient Charters from the Kings of this Land Cutter of the tayls is an Officer in the Exchequer that provideth Wood for the Tayles and cutteth the sum paid upon them and then casteth the same into the Court to be written upon DA DAmmage cometh of the French dam or domage signifying generally any hurt or hinderance that a man taketh in his estate But in the Common law it particularly signifieth a part of that the Jurours be to enquire of passing for the Plaintiff or Demandant in a Civil action be it personal or real For after verdict given of the principal cause they are likewise asked their consciences touching costs which be the charges of sute called of the Civilians expensae litis and Dammages which conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant Dane-gilt Dane-gold or Dane-gelt Dane-geldum is compounded of Dane and gelt i. pecunia and was a Tribute layd upon our Ancestors of twelve pence for every hide of Land through the Realm by the Danes that once got the masterie of us in regard as they pretended of clearing the Seas of Pyrates which greatly annoyed our Land in those dayes Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd cap. 11. Stow in his annals pag. 118. saith that this tribute came to 40000. pounds by the year and that it was released by Ed. the Confessor The Author of the new terms of Law saith that this tribute began in the time of King Etheldred who being sore distressed by the continual invasion of the Daue to procure his peace was compelled to charge his people with importable payments For first he gave them at five several payments 113000. pounds and afterward granted them 48000. pounds yeerly See Roger Hoveden parte poster suorum annalium in Henrico secundo fol. 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. ultimus Darrein presentment ultimae prasentatio See Assise or Darreyn presentment Dates dactyli is the plumme or fruit of the tree in Latine called palma in English the Date-tree well known to most men by sight And he that will farther understand the nature or diversities of this fruit may repair to Gerards Herbal lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled 1 Jacob. 19. Day dies is sometime used in the Law for the day of appearance in Court either originally or upon assignation and sometime for the returns of Writs For example dayes in bank be dayes set down by Statute or order of the Court when Writs shall be returned or when the party shall appear upon the Writ served And of this you may read the Statutes anno 51 H. 3. cap. 1. 2. Marlb cap. 12. anno 52 H. 3. and the Statute de anno bissextili anno 21 H. 3. and lastly anno 32 H. 8. cap. 21. To be dismissed without day is to be finally discharged the Court Kitchin fol. 193. He had a day by the Roll Kitchin fol. 197. that is he had a day of appearance assigned him Day Yeer and waste See Dies and Year DE Deadly feud feuda is a profession of an unquenchable hatred until we be revenged even by the death of our enemy It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is used anno 43 Eliz. cap. 13. Dead pledge mortuum vadium See Mori gage Dean decanus is an Ecclesiastical Magistrate so called of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least Howbeit in England we use to call him a Dean that is next under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum he Chapter But this word how diversly it is used read Lindwood titulo de judic ca. pri verbo Decani rurales where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned unto them by the Bishop and Archdeacon being placed and displaced by them As there be two foundations of Cathedral Churches in England the old and the new the new be those which Henry the eighth upon suppression of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter so be there two means of creating these Deans For these of the old foundation are brought to their dignity much like Bishops the King first ending out his Congé d'eslire to the Chapter the Chapter then chusing the King yeelding his royal assent and the Bishop confirming him and giving his mandate to install him
as were forfeited to the Emperours Treasurie for any offence were bona confiscata so do we those that are forfeited to our Kings Exchequer See more of these goods confiscate in Stawnf pl. cor lib. 3. cap. 24. Conge d'eslire venia elegendi is very French and signifieth in our Common law the Kings Permission royal to a Dean and Chapter in time of vacation to chuse a Bishop or to an Abbey or Priorie of his own foundation to chuse their Abbot or Prior Fitzh nat br fol. 169. B. 170. B.C. c. Touching this matter M. Gwin in the Preface to his Readings saith that the King of England as soveraign Patron of all Arch-bishoprickes Bishoprickes and other Ecclesiastical Benefices had of ancient time free appointment of all Ecclesiastical Dignities whensoever they chanced to be void investing them first per baculum annulum and afterward by his Letters Patents and that in processe of time he made the Election over to others under certain forms and conditions as namely that they should at every vacation before they chuse demand of the King congé de'slire that is license to proceed to Election and then after the Election to crave his royal assent c. And farther he affirmeth by good proof out of Common Law-Books that King John was the first that granted this and that it was afterward confirmed by Westm. pri ca. 1. which statute was made anno 3 Ed. pri And again by the statute Articuli cleri c. 2. which was ordained anno 25 Ed. 3. statuto tertio Congeable commeth of the French conge i. venia It signifieth in our Common law as much as lawful or lawfully done as the entry of the Disseisee is Congeable Litseton fol. 91. in meo Conisance See Cognizance Contzour aliàs cognizour recognitor cometh of the French cognoistre i. cognoscere cernere and is used in the passing of Fines for him that doth acknowledge the Fine and the Conizee is he to whom it is acknowledged West parte 1 symbol l. 2. sect 49. parte 2. titulo Fines sect 114. See Recognizour Conjuration conjuratio is the very French word drawn from the Latine which as it is compounded of con juro so it signifieth a compact or plot made by men combining themselves together by oath or promise to do some publick harm But in our Common law it is especially used for such as have personal conference with the Devil or evil spirit to know any secret or to affect any purpose anno 5 Elizab. cap. 16. And the difference that I have observed how truly let those judge that be better skilled in these matters between conjuration and witchcraft is because the one seemeth by prayers and invocation of Gods powerful names to compel the devil to say or do what he commandeth him the other dealeth rather by friendly and voluntary conference or agreement between him or her and the devil or familiar to have her or his desires and turns served in lieu of blood or other gift offered unto him especially of his or her soul And both these differ from inchantments or sorceries because they are personal conferences with the Devil as is said but these are but medicines and ceremonial forms of words called commonly charms without apparition Consanguineo is a Writ for the which see Avo and see the Register orig De avo proavo consanguinco fol. 226. a. Conservator of the truee and sase conduicts conservator induciarum salvorum regis conductuum was an officer appointed in every port of the Sea under the Kings Letters Patents and had forty pound for his yearly stipend at the least His charge was to enquire of all offences done against the Kings truce and safe conducts upon the main Sea out of the Countries and out of the Franchises of the Cinque ports of the King as the Admirals of Custome were wont and such other things as are declared anno 2 H. 5. cap. 6. Touching this matter you may read another statute anno 4 H. 5. cap. 7. Conservatour of the Peace conservator velcustos pacis is he that hath an especial charge by vertue of his office to see the Kings peace kept Which peace learned M. Lamberd defineth in effect to be a with-holding or abstinence from that injurious force and violence which boysterous and unruly persons are in their natures prone to use toward others were they not restrained by laws and fear of punishment Of these Conservators he farther saith thus that before the time of King Edward the third who first erected Justices of Peace there were sundry persons that by the Common law had interest in keeping of the Peace Of those some had that charge as incident to their offices which they did bear and so included within the same that they were never the lesse called by the name of their office onely some others had it simply as of it self and were thereof name custodes pacis Wardens or Conservators of the Peace The former and latter sort he again subdivideth Which read in his Eirenarcha lib. 1. cap. 3. Consideration consideratio is that with us which the Grecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the material cause of a contract without the which no contract bindeth This consideration is either expressed as if a man bargain to give twenty shillings for a Horse or else implyed as when the law it self inforceth a confideration as if a man come into a common Inne and there staying sometime taking both meat and lodging or either for himself and his Horse the Law presumeth that he intendeth to pay for both though nothing be farther covenanted between him and his Host and therefore if he discharge not the house the Host may stay his Horse Fulb. parel tract Contracts fol. 6. a. b. Consistorie consistorium is a word borrowed of the Italians or rather Lombards signifying as much as praetorium or tribunal vocab utriusque jur It is used for the place of Justice in the Court Christian Convocation-house domus convocationis is the house wherein the whole Clergie is assembled for consultation upon matters Ecclesiastical in time of Parliament And as the House of Parliament And as the house of the Parliament so this consisteth of two distinct Houses one called the higher Convocation-house where the Archbishops and Bishops sit severally by themselves the other the lower Convocation-house where all the rest of the Clergie are bestowed See Prolecutor Conusance See Cognisance Conusour See Cognizour Consolidation consolidatio is used for the combining and uniting of two Benefices in one Broke titulo Union This word is taken frō the Civil Law where it signifieth properly an uniting of the possession occupation or profit with the property For example if a man have by Legacie usum fructum fundi and afterwards buy the property or fee-simple as we call it of the heir hoc casu consolidatio fieri dicitur § 3. De usu fructu in Institut See Union and Unity of
but of a Rent the same Actions lye as do of Land as the Case requireth The third difference is that an Annuity is never taken for Assets because it is no Free-hold in law neither shall be put in execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. num 2. speaketh also to this effect Annise-seed semen anisi is a medicinal seed not unknown so called of the herb anisum whereof it is the fruit Of this he that listeth may read Gerards Herbal lib. 2. ca. 397. It is noted among the garbleable drugs and spices anno 1 Jaco ca. 19. Anoisance aliâs Noisance aliâs Nusance nocumentum commeth of the French nuisance i. incommodum noxa and hath a double signification being used as well for any hurt done either to a publick place as high-way bridge or common river or to a private by laying any thing that may breed infection by incroaching or such like means as also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoysance I find anno 22 H. 8. c. 5. AP Apostate capiendo is a Writ that lyeth against one that having entred and professed some order of Religion breaketh out again and wandereth the Country contrary to the Rules of his Order For the Abbot or Prior of the House certifying this into the Chancery under their Common seal and praying this Writ directed to the Sheriff for the apprehension of such Offendour and for the delivery of him again to his Abbot or Prior or their lawfull Attorney were wont to obtain the same The form wherof with other circumstances you shall find in the Register orig fol. 71 267. and Fitzh natur br fol. 233. C. Apparlement commeth of the French pareilement i. similiter perinde itidem and signifieth a resemblance as apparlment of War anno 2 R. 2. stat 1. ca. 6. Appeal appellum commeth of the French appellor i. accire accersere nominare evocare clamore aliquem flagitare Itsignifieth in our Common-law as much as accusatiâ— with the Civilians For as in the Civil-law Cognisance of criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon indictment or appeal indictment comprehending both inquisition and denunciation And accusation or appeal is a lawfull declaration of another mans crime which by Bracton must be felony at the least in the Common-law before a competent Judge by one that setteth his name to the Declaration and undertaketh to prove it upon the penalty that may ensue of the contrary To declare the whole course of an Appeal were too much for this Treatise Wherefore for that I must refer you to Bracton lib. 3. tract 2. c. 18. cum sequent Britton c. 22 23 24 25. and to S. Thomas Smith l. 3. de repub Anglo c. 3. and lastly to Stawnf pl. cor l. 2. c. 6 7 c. usque 17. An Appeal is commenced two waies either by VVrit or by Bill Stawnf ubi supra fol. 46. And it may be gathered by him fol. 148. that an Appeal by VVrit is when a VVrit is purchased out of the Chancery by one to another to this end that he appeal a third of some felony committed by him finding Pledges that he shall do it and deliver this VVrit to the Sheriff to be recorded Appeal by Bill is when a man of himself giveth up his accusation in writing to the Vicount or Coroner offering to undergo the burthen of appealing another therein named This point of our Law among others is drawn from the Normans as appeareth plainly by the grand Customary cap. 68. where there is set down a solemn discourse both of the effects of this Appeal viz. the order of the combat and of the tryal by inquest of which by the Common-law of England it is in the choise of the Defendant whether to take See the new book of entries verbo Appel and the book of Assises fo 78. Appel Appeal of mahem appellum mahemit is an accusing of one that hath maimed another But that being no felony the Appeal thereof is but in sort an action of Trespass because there is nothing recovered but dammages Bracton calleth this appellum de plagis mahemâ—o and writeth of it a whole Chapter l. 3. tract 2. ca. 24. See S. Edw. Cook 4. vol. fo 43. a. Appeal of wrong imprisonment appellum de pace imprisonnamento is used by Bracton for an action of wrong imprisonment whereof he writeth a whole tractat lib. 3. tractat 2. ca. 25. Appeal appellatio used in our Common law divers times as it is taken in the Civil Law which is a removing of a cause from an inferiour Judge to a superiour as appeal to Rome an 24. H. 8. ca. 12. an 1 Eliz. ca. 1. But it is more commonly used for the private accusation of a murtherer by a party who had interest in the party murthered or of any felon by one of his complices in the fact See Approver Appendant appendens is any thing belonging to another as accessorium principali with the Civilians or adjunctum subjecto with the Logicians An Hospital may be appendant to a manor Fitz. nat br f. 142. Common of fishing appendant to a free hold Westm 2. ca. 25. anno 13. Ed. 1. Appertinances pertinentiae commeth of the French appertenir i. pertinere It signifieth in our common law things both corporall belonging to another thing as to the more principall as Hamlets to a chief Mannor common of pasture turbarie piscarie and such like and incorporeall as liberties and services of Tenents Brit. c. 39. Where I note by the way that he accounteth common of Pasture turbary and piscary to be things corporal Look Common Apportionment Apportionamentum is a dividing of a Rent into parts according as the land whence the whole rent issueth is divided among two or more See the new terms of Law Apprentice Appenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with us one that is bound by covenant in word or writing to serve another man of Trade for certain years upon Condition that the Artificer or man of Trade shall in the mean time endeavour to instruct him in his Art or Mysterie S. Thomas Smith in his Book de rep Ang. l. 3. c. 8. saith that they are kind of Bondmen differing only in that they be Servants by Covenant and for a time Of these you may read divers Statutes made by the wisedome of our Realm which I think superfluous here to mention Appropriation appropriatio proceedeth from the French approprier i. aptare accommodare and properly signifieth in the law of England a severing of a benefice ecclesiastical which originally and in nature is juris diviâ—i in patrimonio nullius to the proper and perpetual use of some Religious House or Dean c. and Chapter Bishoprick or College And the reason of