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
33. So that hereby I gather that of later times this word signifieth nothing but such an one as by oath of loyalty to his Prince for surety none ordinarily findeth at these dayes is setled in the combination or society of a Dozein And a Dozein seemeth now to extend so farre as every Leet extendeth because in Lâ—ets onely this oath is ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the compasse of the Leet where they are sworn Fitzh nat br fol. 161. A. The particulars of this oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the Commission of the Justices being read and the cause of their coming being shewed debent Justiciarii se transferre in aliquem locum secretam vocatis ad so quatuor vel sex uel pluribus de ma oribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum sic inter se tractatum habeant Justiciarii adinvicem ostendant qualiter à Donâ—ino Rege erus concilio provisum sit quà d omnes tam milite quà m alii qui sunt quindecim annâ—rum ampliùs jurare debent quòd utlagatos murditores robbatores burglatores non receptaâ—â—nt nec eis consentient nec corum receptatoribus si quos tales noverint illos attachiari facient hoc Vicecomiti balivis suis monstrabuntâ— si hutesium vel clameum de talibus audiverint statim and to clamore sequantur cum familia hominibus de terra sua Here Bracton setreth down fifteen years for the age of those that are sworn to the Kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12 years See Inlaughe A man may note out of the Premisses diversities between the ancient and these our times in this point of law and government as well for the age of those that are to be sworn as also that Decennier is not now used for the chief man of a Dozen but for him that is sworn to the Kings peace and lastly that now there are no other Dozens but Leets and that no man ordinarily giveth other security for the keeping of the Kings peace but his own oath and that therefore none answereth for anothers transgression but every man for himself And for the general ground this may suffice See Franke pledge Declaration declaratio is properly the shewing forth or laying out of an action personal in any sure howbeit it is used sometime and indifferently for both personal and real actions For example anno 36. E. 3. cap. 15. in these words By the ancient terms and forms of Declarations no man shall be prejudiced so that the matter of the action be fully shewed in the Demonstration and in the Writ See the new Terms of Law See Cownte Dedimus potestatem is a Writ whereby commission is given to a private man for the speeding of some act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party which is to do something before a Judge or in Court is so feeble that he cannot travel It is used in divers cases as to make a personal answer to a Bill of complaint in the Chaunceâ—ie to make an Atturney for the following of a sute in the Countie Hundred Wapentake c. Old nat br fol. 20. To levie a Fine West parte 2. symbol titulo Fines sect 112. and divers others effects as you may see by Fitzh nat br in divers places noted in the Index of the Book In what diversity of cases this VVrit or Commission is used see the Table of the Regist orig verbo Dedimus potestatem Deeds Facta signifie in our Common law-writings that contain the effect of a contract made between man and man which the Civilians call Literarum obligationem And of Deeds there be two sorts Deeds indented and Deeds poll VVhich division as M. West saith parte 1. Symbol lib. 1. sect 46. groweth from the form or fashion of them the one being cut to the fashion of teeth in the top or side the other being plain And the definition of a deed indented hee expresseth thus Sect. 47. A Deed indented is a Deed consisting of two parts or more in which it is expressed that the parties to the same Deed have to every part thereof interchangeably or severally set their several seals See the rest where at the last he sheweth the cause of the name viz. for that consisting of more parts each part is indented or cut one of them into the other that by the cut it may appear they belong to one businesse or contract A Deed poll or polled he describeth thus Sect. 46. Q. A polled Deed is a Deed testifying that onely the one of the parties to the bargain hath put his seal thereunto after the manner there by him described which read for your better understanding See the new Terms of law verbo Fait where he sheweth that each Deed consisteth in three points writing sealing and delivery Deer Hayse anno 19 H. 7. cap. 11. seemeth to be an Engine of cords to catch Deer De essendo quietum de telonio is a VVrit that that lyeth for them which are by privilege freed from the payment of Toll which read at large in Fitzh nat br fol. 226. Defalt Defalta cometh from the French Defaut and is an offence in omitting that which we ought to do West parte 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole Tractate lib. 5. tractat 3. By whom it appeareth that a Default is most notoriously taken for non appearance in Court at a day assigned Of this you may read also in Fleta lib. 6. cap. 14. Defeisance defeisantia cometh of the French Desfaire or Deffaire i. infectum reddere quod factum est and signifieth in our Common law nothing but a condition annexed to an Act as to an Obligation a Recognisance or Statute which performed by the Obligee or Recognizee the Act as disabled and made void as if it never had been done whereof you may see West at large part 1. symb lib. 2. Sect. 156. Defendant defendens is he that is sued in an Action personal as Tenant is he which is sued in an Action real Terms of the Law Defendemus is an ordinary word in a Feofment or Donation and hath this force that it bindeth the Donour and his Heirs to defend the Donee if any man go about to lay any servitude upon the thing given other than is contained in the Donation Bracton lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the Faith defensor fidei is a peculiar title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo Decimus to King Henry the 8. for
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
The site of this College is the Castle of Windsour with the chapel of Saint George erected by Edward the Third and the Chapter house in the said Castle Howbeit the yearly Solemnity or Prfoession may be and is by the Soveraigns direction performed at the Court wheresoever it lyeth upon Saint Georges day Master Camden saith that this order received great ornament from Edward the fourth See M. Ferns glory of Generosity pag. 120. See Garter Hospinian in his book de origine progressu Monachatiu maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may read cap. 307. as also Bernardus Girardus in his historie lib. 15. cap. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a Sword in the ceremony of his creation Ferns glorie of generositie pag. 105. These are spoken of anno 8 Edw. 4. cap. 2. But I had an old Monument lent me by a friend whereby it appeareth that these knights were so called of a Bath into the which after they had been shaven and trimmed by a Barber they entered and thence the night before they were Knighted being well bathed were taken again by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and led through many solemn ceremonies viz. confessing their sins watching and praying all night in a Church or Chapel with many other to the order of knighthood the next day So that by the same reason these seemed to be tearmed knights of the Bath by which knights made out of the field in these dayes are called knights of the Carpet because in receiving their Order they commonly kneel upon a carpet Knights of the Order of S. John of Jerusalem Milites Sancti Johannis Hierosolumitani were otherwise called knights of the Rhodes beeing an Order of knighthood that had beginning about the year of the Lord 1120. Honorius then Pope of Rome Cassanaeus de Gloria Mundi parte 9. Consideratione 4. And Master Fern in his Glory of Generosity pag. 127. They had their primary foundation and chief aboad first in Hierusalem and then in Rhodes where many of them lived under their Principal called the Master of Rhodes untill they were expelled thence by the Turk Anno 1523. Siâ—hence which time their chief Seat is at Malta where they have done great exploits against the Infidels but especially in the year 1595. These though they had their beginning and especiallest aboad first at Hieruâ—alem and next in Rhodes yet they encreased both in number and Revenues living after the Order of Friers under the rule of Saint Augustine and were dispersed into France Spain Alverne Campany England and Ireland Of these mention is made in the Statute Anno 25 Her 8. cap. 2. and anno 26 ejusdem cap. secundo And it appeareth that they in England had one general Prior that had the government of the whole Order within England and Scotland Regist. orig fol. 20. b. But towards the end of Henry the eighths daies they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described you may read in the Treatise intituled the Book of Honor and Arms lib. 5. cap. 18. written by Master Richard Johnes Knights of the Rhodes anno 32 H. 8. cap. 24. See Knights of the Order of S. John Knights of the Temple otherwise called Templers Templarii was an Order of Knighthood created by Gelasius the Pope about the year of our Lord 1117. and so called because they dwelt in a part of the buildings belonging to Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pilgrims charitably and in their Armor led them through the Holy Land to view such things as there were to be seen without fear of Infidells adjoining This Order continuing and increasing by the space of 200 years was far spread in Christendom and namely here in England But at the last the chief of them at Hierusalem being as some men say found to fall away to the Sarazens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Edward the 1. daies and their substance given partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mundi parte 9. Consid 5. And see anno prim Edw. 1. cap. 24. Others write that in truth their destruction grew from leaning to the Emperour against the Pope of Rome whatsoever was pretended Joach Stephanus de jurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parliament and be two Knights or other Gentlemen of worth that are chosen in pleno Comitaâ—u by the Freeholders of every County that can dispend 40 shillings per annum and be resident in the Shire anno 10 H. 6. cap. 2. anno 1 H. 5. cap. 1. upon the Kings Writ to be sent to the Parliament and there by their Counsel to assist the common proceedings of the whole Realm These when every man that had a Knights fee were custumarily constrained to be a Knight were of necessity to be mlietes gladio cincti for so runneth the tenure of the writ at this day Crompton Jurisdict fo pri But now there being but few Knights in comparison of former times and many men of great livings in every County Custom beareth that Esquires may be chosen to this Office anno 23 H. 6. cap. 6. so that they be resident within the County anno H. 6. cap. 7. anno 1 H. 5. cap. prim For the observations in choise of these Knights see the Statutes anno 7 H. 4. cap. 15. anno 11 ejusdem cap. 1. anno 6 Hen. 6. cap. 4. anno 23 H. 6. ca. 15. and the new Book of Entries verbo Parliament nu 1. Their expences during the Parliament are born by the County anno 35 Hen. 8. cap. 11. Knight Marshal Marescallus hospitii regâ—i is an Officer in the King House having jurisdiction and cognisance of any transgression within the Kings House and Verge as also of Contracts made within the same House whereunto one of the House is a party Regist orig fo 185. a b. et fo 191. b. whereof you may there read more at large Knights fee feudum militare is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry thirds daies was 15 pounds Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres eodem But Sir Thomas Smith in his Repub Ang. li. prim cap. 18. rateth it at forty pound And
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull that the place of the battery should be set down as material in the Declaration or if it be set down that the Defendant should traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
at least the remedy for the same is likest there to be had by some sodain inrode and happing of such recompence of the injury received as may most conveniently be lighted upon See Reprisalls See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifying originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertum est nisi quod Gothicum vocabilum putamus And afterwards thus Hujusmodi Marchionum sive ut nos appellamus Margraphiorum origo in limitaneos praepositos sive duces referenda Margraphii dicti quòd limitibus quos vulgo marken appellamus graphii td est praepositi fuerunt c. For in those Territories that have naturally no bounds of great strength or defence there is need of wise and stout men toward their borders for the keeping out of Neighbour enemies But here in England though we have a L. Warden of the Marches northward and a Warden of the Cinque Ports toward the South-east and were wont to have Lord Marchers between us and Wales that served this turn yet those which we call Marquises are Lords of more dignity without any such charge and are in honor and account next unto Dukes At this day I know but one in England and that is the Marques of Winchester being of that noble family of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a Lawyer of great account that lived in Henry the seventh this daies whose learned Readings are extant but not in print Lambert Eirenarch lib. 1. cap. 1. Marterns see Furre Master of the Rolls Magistri rotulorum is an Assistant unto the Lord Chancellour of England in the High Court of Chancery and in absence heareth Causes there and giveth Orders Cromptons Jurisdiction fol. 41. His Title in his Patent as I have heard is Clericus parvae bagae Custos rotulorum domus conversorum This Domus conversorum is the place where the Rolls are kept so called because the Jews in ancient time as there were any of them brought to Christianity were bestowed in that House seperately from the rest of their Nation But his office seemeth originally to have sprung from the safe keeping of the Rolls or Records of Indictments passed in the Kings Courts and many other things He is called Clark of the Rolls anno 12 Rich. 2. cap. 2. and in Fortescue his Book cap. 24. and no where Master of the Rolls untill anno 11 H. 7. cap. 20. and yet an 11. ejusdem cap. 25. he is also called Clark In which respect Sir Thomas Smith l. 2. cap. 10. de Repub Angl. well saith That he might not unfitly be called Custos Archivorum He seemeth to have the bestowing of the offices of the six Clarks anno 14 15 Henry the eight cap. 1. Master of the Mint an 2 Hen. 6. cap. 14. he is now called the warden of the Mint whose office see in Mint Master of the Court of Wards and Liveries is the chief principal officer of the Court of Wards and Liveries named and assigned by the King to whose Custody the Seal of the Court is committed He at the entring upon his office taketh an oath before the Lord Chancellor of England well and truly to serve the King in his Office to minister equal Justice to rich and poor to the best of his cunning wit and power diligently to procure all things which may honestly and justly be to the Kings advantage and profit and to the augmentation of the rights and Prerogative of the Crown truly to use the Kings Seal appointed to his Office to endeavour to the uttermost of his power to see the King justly answered of all such profits rents revenues and issues as shall yearly rise grow or be due to the King in his Office from time to time to deliver with speed such as have to do before him not to take or receive of any person any gift or reward in any Case or matter depending before him or wherein the King shall be party wherby any prejudice losse hinderance or disherison shall be or grow to the King an 33 H. 8. cap. 33. Master of the Horse is he that hath the rule and charge of the Kings stable being an Office of high account and alwaies bestowed upon some Noblemen both valiant and wise This Officer under the Emperors of Rome was called Comes sacri stabuli The master of the Horse is mentioned anno 39 Eliz. ca. 7. and an 1 Edw. 6. cap. 5. Master of the Posts is an Officer of the Kings Court that hath the appointing placing and displacing of all such through England as provide Post horse for the speedy passing of the K. messages other businesses in the thorow-fair towns where they dwel as also to see that they keep a certain number of convenient Horses of their own and when occasion is that they provide others therewith to furnish such as have warrant from him to take Post-horses either from or to the Seas or other borders or places within the Realm He likewise hath the care to pay them their wages and make their allowance accordingly as he shall think meet This Officer is mentioned an 2 E. 6. cap. 3. Master of the Armoury is he that hath the care and oversight of his Majesties Armour for his person or Horses or any other provision or store thereof in any standing Armouries with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39 Elizabeth cap. 7. Master of the Jewel-house is an Officer in the Kings houshold of great credit being allowed bouge of Court that is dyet for himself and the inferiour Officers viz. Clarks of the Jewel-house and a special lodging or Chamber in Court having charge of all plate of Gold of Silver double or parcel guilt used or occupied for the Kings or Queens board or to any Officer of account attendant in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Mention is made of this Officer an 39 Eliz. c. 7. Master of the Kings Houshold magister hospitii is in his just Title called Grant master of the Kings Houshold and beareth the same Office that he did that was wont to be called Lord Steward of the Kings most honourable Houshold anno 32 Henry 8. cap. 39. Whereby it appeareth that the name of this Officer was then changed and Charles Duke of Suffolk President of the Kings Councel then enjoying that office was so to be called ever after so long as he should possess that office Master of the Ordinance anno 39 Eliz. ca. 7. is a great officer to whose care all the Kings Ordinance and Artillery is committed being some great man of the Realm and expert in marshal affairs Master of the Chancery Magister Cancellariae is an assistant
duty in mony to be paid by the Sheriff upon his account in the Exchequer anno secundo tertio Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus tromptus expeditus for that it bindeth those that have received it to be ready at all times appointed Primage is a duty due to the Mariners and Saylers for the loading of any ship at the setting forth from any Haven anno tricesimo secundo Henrici octavi capitulo decimo quarto Primier seisin prima seisina ad verbum signifieth the first possession It is used in the Common law for a branch of the Kings Prerogative whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief whereof his tenant dyed seised in his demeasn as of fee and so consequently the rents and profits of them untill the heir if he be of age do his homage if he be under years untill he come to years See Stawnf praerog capite tertio Bracton libro quarto tract 3. cap. prim Primo beneficio See Beneficio Prince Princeps is a French word and taken with us diversly sometime for the King himself but more properly for the Kings eldest son who is Prince of Wales as the eldest Son to the French King is called Dolphire both being Princes by their nativity Master Fern in the glory of generosity page 138. For Edward the first to appease the tumultuous spirits of the Welch-men who being the antient Indigene of this Land could not in long time bear the yoak of us whom they call Strangers sent his wife being with child into Wales VVhere at Carnarvan she was delivered of a Son thereupon called Eaward of Carnarvan and afterward asked the VVelsh-men seeing they chought much to be governed by strangers if they would be quietly ruled by one of their own nation who answering him Yea Then quoth he I will appoint you one of your own Country-men that cannot speak one word of English and against whose life you can take no just exception and so named unto them his son born in Carnarvan not long before From which time it hath continued that the Kings eldest Son who was before called Lord Prince St ronf praerog cap. 22. fol. 75. hath been called Prince of Wales Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester anno 21 Rich. 2. cap. 9. See County palatinâ— and Cromptons divers jurisdictions fol. 137. Prior perpetual or dative et removeable an 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Johns of Jerusalem anno 26 H. 8. cap. 2. Priors aliens Priores alieni were certain religious men born in France and governours of religious houses erected for outlandish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in France and therefore suppressed Whose livings afterwards by Henry the sixth were given to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1 H. 5. cap. 7. but especially to the erecting of those two most famous colleges called the Kings Colleges of Cambridge and Faton Priority prioritas signifieth in our common law an antiquity of tenure in comparison of another not so antient As to hold by priority is to hold of a Lord more antiently than of another Old nat br fol. 94. So to hold in posteriority is used by Stawnf praerog cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification The Lord of the priority shall have the custody of the body c. fol. 120. If the tenent hold by priority of one and by posteriority of another c. To which effect see also Fitzh nat br fol. 142. Bartolus in his Tractate de insigniis et armis useth these very words prioritas et posterioritas concerning two that beat one coat armour Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno 1 H. 8. cap. 5. is a word almost out of use now called Butlerage it is a custome whereby the Prince challengeth out of every bark loaden with wine containing less than forty tun two tun of wine at his price Prise prisa commeth of the French prenare i. capere It signifieth in our Statutes the things taken by purveyours of the Kings subjects As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25 ejusdem cap. 5. Register origin folio 117. b. Prisoner priso commeth of the French prisonnâ—er and signifieth a man restrained of his liberty upon any action civil or criminal or upon commandement And a man may be prisoner upon matter of Record or matter of fact prisoner upon matter of record is he which being present in Court is by the Court committed to prison only upon an arest be it of the Shyreeve Constable or other Stawnf pi cor li. pri ca. 32. fo 34 et 35. Privie commeth of the French privè i. familiaeris and signifieth in our Common law him that is partaker or hath an interest in any action or thing as privies of bloud Old nat br fol. 117. be those that be linked in consanguinity Every heir in tayl is privy to recover the land intayled eodem fol. 137. No privity was between me and the tenent Littleton fol. 106. If I deliver goods to a man to be carried to such a place and he after he hath brought them thither doth steal them it is felony because the privity of delivery is determined as soon as they are brought thither Stawn pl. co lib. prim cap. 15. fol. 25. Merchants privy be opposite to Merchants strangers anno 2 Edw. tertii cap. 9. cap. 14. anno ejusdem stat 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies as privies in estate privies in deed privies in law privies in right and privies in blood And see the examples he giveth of every of them See Perkins Conditions 831 832 833. and Sir Edward Cook lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh four kinds of privies viz. privies in bloud as the heir to his Father c. privies in representation as executors or administratours to the deceased privies in estate as he in the reversion and he in the remainder when land is given to one for life and to another in fee the reason is given by the Expositour of law-terms for that their estates are created both at one time The fourth sort of privies are privies in tenure as the Lord by escheat that is when the land escheateth to the Lord for
one Tales either upon default or challenge though he may have another yet he may not have the later to contain so many as the former for the first Tales must be under the principal pannel except in a cause of Appeal and so every Tales lesse than other untill the number be made up of men present in Court and such as are without exception to the partie or parties Of this see Stawnford more at large ubi supra where you may find some exceptions to this general rule These commonly called Tales may in some sort and ineded are called Meliores viz. when the whole Iury is challenged as appearcth by Brook titulo Octo tales et auter tales fol. 105. In whom you may likewise read many cases touching this matter Tales is a proper name of a book in the Kings bench office Cook lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood vide anno 34 et 35 Henrici octavi capit 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem It is a long kind of shide riven out of the tree which shortned is made into billets Tartaron anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and Cloath Workers in the dressing of Cloath Taske aliâs Taxe by M. Camden following the authority of Doctor Powell whom he greatly commendeth for his diligence in the search of Antiquities is a British word signifying tribute Camden Britan pag. 304. And it seemeth it is such a kind of tribute as being certainly rated upon every Town was wont to be yearly paid See Gild and the places there cited out of Master Cambden Now it is not paid but by consent given in Parliament as the Subsidie is And it differeth from Subsidy in this that it is alway certain accordingly as it is set down in the Chequer book and levyed in general of every Town and not particularly of every man Lastly it is a fifteenth of that substance that every Town was first rated at by the number of Hides of Land in the same Whereupon it is also called a fisteenth vide anno 14 Edw. 3. statut 1. cap. 20. For whereas Master Crompton in his jurisdiction fol. saith that it is levied sometime by goods as well as by Lands as also appeareth by the Statute anno 9 Hen. 4. cap. 7. I take his meaning there to bee that though the task in the whole were at the first by the Prince proportioned by the land Yet the Townes men among themsel ves to make upthat sum are at these dayes sometimes valued by goods See Fifteenth It seemeth that in antient times this task was imposed by the King at his pleasure but Edward the first anno 25. of his reign bound himself and his succesiors from that time forward not to levy it but by the consent of the Realm anno 25 Ed. pri cap. 5. The word Task may be thought to proceed from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but over curiously to contend in these derivations may seem frivolous considering that many words are common to divers peoples TE Telonium or Breve essendi quietum de Telonio is a writ lying for the Citizens of any City or Bourgesses of any Town that have a Charter or prescription to free them from Toll against the Officers of any Town or Market constraining them to pay Toll of their Merchandise contrary to their said grant or prescription Fitzb. nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these words Telonia autem dicuntur publicano rum stationes in quibus vectag alia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur Team aliàs Theam is an old Saxon word signifying a Royalty granted by the Kings Charter to a Lord of a Manor Bracton lib. 3. tract 2. cap. 8. of this Saint Edwards laws nu 25. say thus Quod si quisquam aliquid interciet idest penes alium defend it super aliquem et intercitatus non poterit warantum suum habere erit forisfactura sua et Justicia similiter de calumnintore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to have servants and slaves which are called nativi bondi villani and all Baronies infeoffed with Theme have the same power For unto them all their bondmen their children goods and cattels properly appertain so to that they may dispose of them at their pleasure And in some old authentike books it is written Theme est potestas habendi nativos ita quod generationes villanorum vestrorum cum eorum catallis ubicumque inveniantur ad vos pertineant Theme commeth from Than 1. servus and therefore sometime signifieth the bondmen and slaves according to an old statute and law De Curia de Theme Quod si quis teneat curiam de Theme et illa querela in illa curia movetur ad quam Theme vocatur non debet illa curia clongari sed ibidem determinari et omnes Theme the compareant Which is understood of the question of liberty when it is in doubt whether any person be a bondman or free man Which kind of proces should not be delayed but summarily decided And the new Expositor of law terms speaketh to the like effect verbo Them I read it also in an old paper written by an Exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort there be four in number And their office is to receive all monies due to the King and to give to the Clerk of the Pell a bill to charge him therewith They also pay to all persons any money payable unto them by the King by warrant from the Auditor of the receipt They also make weekly and yearly books both of their receipts and Payments which they deliver to the Lord Treasurer Templers Templarii See Knights of the Temple These whilest they flourished here in England which seemeth to be all that time between Henry the seconds dayes untill they were suppressed had in every nation a particular Governour whom Bract. calleth Magistrum militiae Templi lib. 1. c. 10. Of these read M. Camden in his Br. p 320. See Hospitalers Temporalt es of Bishops Temporalia Episcoporum be such revenues lands and tenements as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parliament See Spiritualties of Bishops Tend seemeth to signifie as much as to endeavour or offer or shew forth to tend the Estate of the party of the Demandant Old nat br fol. 123. b. to tend to
16 R. 2. c. Visâ— Franciplegii is a writ to exempt him from comming to the view of Frankpledge that is not within the Hundred resident For men are bound unto this view by reason of their habitation and not of Lands held where they dwell not Regist. orig fol. 175. Vitteler victualarius commeth of the French victuailes i. commeatus and signifieth with us him that selleth victuals For these there is a writ in Fitzherbert nat brev fol. 172. if they exercise their trade bearing a magistracy in any Town Corporate VM Vmple anno 3 Edw. 4. cap. 5. VN Vncore prist is a plee for the Defendant being sued for a debt due at a day past to save the forfeiture of his bond saying that he tendred the debt at the time and place and that there was none to receive it and that he is now also ready to pay the same 7 Ed. 6. 83. Dyer See Unquest prist Vncuth is a Saxon word signifying as much as incognitus It is used in the antient Saxon laws for him that commeth to an Inne guest-wise and lyeth there for two nights at the most In which case his Host was not bound to answer for any offence that he committed whereof he was guiltlesse himself But if he laid there the third night then he was called guest hospes and then must the Host answer for him as for one of his own family And if he tarried any longer then was he called Agen hine that is to say familiaris Whom if he offend against the Kings peace his Host was to see forth-comming or if he could not bring him out within a month and a day he must satisfie for his offence Lamb. Archaiono fol. 133. num 7. Of this Bracton lib. 3. cap. 10. num 2. writeth thus Item secundum antiquam consuetudinem dici poterit de familia alicujus qui hospitus fuâ—rit cum alio per tres noctes quia primâ nocte poterit dici Vncuth secundâ verò Gust tertiâ nocte Hoghenhine c. This law was made for the better preservation of the Kings peace and to shew in what pledge every man was to be accounted that travelled by the way See Tuainnithes gest Vnite nihil habet is a writ See Dote unde nihil habet Vnder-chamberlain of the Exchequer is an Officer there that cleaveth the Tallies written by the Clerk of the Tallies and readeth the same that the Clerk of the Pel and the Controllers thereof may see their Entries be true He also maketh searches for all Records in the Treasury There be two Officers there of this name Vnderescheatour Subescheatour anno 5 Ed. 3. cap. 4. See Escheatour Vndershyreeve Subvicecomes See Shyreeve Vndersitter is an Inmate See Inmate Vndertakers be such as are employed by Purveyours of the King as their Deputies anno 2 3 Phil. Ma. cap. 6. and such as undertake any great work as drying of Fens c. anno 43 Eliz. cap. 11 Vnderâ—treasurer of England vicethesaurarius Angliae anno 39 Eliz. cap. 7. anno 43 ejusdem Subsidy of the Clergy This Officer as some Exchequer men think was first created in the time of King Henry the seventh to chest up the Kings Treasure at the end of every Term and to note the content of mony in each chest and to see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer as being a thing too mean for him to be troubled with and yet meet to be performed by a man of great secrecy and trust He in the vacancy of of the Lord Treasurers Office doth all things in the receipt that the Lord Treasurer doth He nominateth the two Praysers of all goods seised as not customed and ordereth whether the party shall have them at the price or not He appointeth the Steward Cook and Butler for the provision of the Star-chamber But this Officer in other mens judgement is far more antient than Henry the sevenths dayes yet named Treasurer of the Exchequer in the Statutes untill Queen Elizabeths time where he is termed Under-treasurer of England Neverthelesse anno 35 Eliz. he is also written Treasurer of the Exchequer Read the Statutes anno 8 Ed. 3. statut 2. cap. 17. 27 ejusdem Stat. 2. cap. 18. 1 Rich. 2. cap. 5. 4 H. 4. cap. 18. 8 H. 6. cap. 17. 27 H. 8. cap. 11. with divers other places that seem to approve this to be true Vnion unio is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and the Incumbent And this is properly called an union Howbeit that there be two other sorts as when one Church is made subject to the other and when one man is made Prelate of both and when a Conventual is made Cathedral as you may read in the Glosse of the Chapter Licet de licato conducto in Lyndwoods Provincials Sect. Eâ—quia versu Appropriationis Touching Union in the first signification there was a statute anno 37 Hen. 8. cap. 21. that it should be lawfull in two Churches 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 Union in this signification is personal and that is for the life of the Incumbent or real that is perpetual whosoever be Incumbent Vnity of possession is called consolidatio usus fructus proprietatis in the Civil law signifying a joynt possession of two rights by several titles For example I take a lease of land from one upon a certain rent afterward I buy the Fee-simple This is an unity of possession whereby the Lease is extinguished by reason that I which had before the occupation only for my rent and become Lord of the same and am to pay my rent to none but my self Also an Abbot being seated within a certain Parish afterward obtaineth an appropriation of the Tithes belonging to that Church for the use of his house Here is an unity of possession by reason that the tythes which before were to be payd to the Incumbent are now to be paid to none but himself by vertue of the appropriation Vniversity Vniversitas is by the Civil law any body politick or corporation but in our language it is at the least most ordinarily taken for those two bodies that are the Nourses of learning and the liberal Sciences Cambridge and Oxford endowed with great favours and privileges for their better maintenance as appeareth not only by anno 2 3 Ph. et Mar. cap. 15. a. 13 El. c. 21. et a. 18. ejusd cap. 6. but much more by their several Charters granted unto them by divers godly and magnanimous Kings of this land Vnlawfull assembly Illicita congregatio illicita assemblata is the meeting of three or more persons together with force to commit some unlawfull act and abiding still not endeavouring the execution thereof as to assault or beat any person to enter into
going under Saxons name cap. 7. I read that Belinus a Briton King made these four waies whereof the first and greatest he calleth Fosse stretching out of the South into the North and beginning from the corner of Cornwell and passing forth by Devonshire Somersetshire and so along by Tetbury upon Toteswould besides Coventree unto Lecester and thence by the wide plains to Newark and to Lincoln where it endeth The second he nameth Watling street comming out of the South east toward the Fosse beginning at Dover and passing through the middle of Kent over Thames beside London near Westminster and thence to Saint Albons by Donstable Stratford Towceter Wedon Lilborn Atheriston Gilberts hill now called Wreaken by Severn Workcester Stratton and so forth by the middle of Wales unto Cardican and the Irish seas The third he calleth Erminage street stretching out of the West North-west into the East South-east from S. Davids in the West Wales unto Southampton The fourth he called Rikenild street stretching forth by Worchester by Wicomb Brinhingham Litchfield Derby Chesterfield and by York forth into Tynmouth But he that listeth to read at large of these waies let him have recourse to the first volume of Holinsheds Chronicle and the description of England there the 19 chapter Where this antiquity is far otherwise declared than by the former writers Henry of Huntington likewise in the first book of his History not far after the beginning mentioneth these four Streets terming them calles Regia sublimatos anthoritate ne aliquis in eis inimicum invadere auderet c. Waterbayliffs anno 28 H. 6. cap. 5. is an Officer belonging to the City of London which hath the supervision and search of fish that is brought to that City as also the gathering of the toll rising from that water He is reckoned an Esquire by his Office as the Sword-bearer the Huntsman and the chief Sergeant is He also attendeth upon the Lord Maior for the time being and hath the principal care of marshalling the guests at his Table Way See Chimin WE Weif wavium whence it hath his original I cannot certainly say But I find the 19 chap. of the Grand Customary of Normandy to be intituled De choses gaines and latined by the Interpreter De rebus vaivis which are there tus defined vaiva sunt res vel alia quae nullius proprietati attributa sine possessionis reclamations sunt inventa quae usque ad diem aâ—â—um servanda sunt Et deâ—is modo quo dictum est de veriscis that is weeks ea sua esse probantibus est restitutio facienda c. This weif or things weived have the very same signification in our Common law and be nought but things forsaken The Civilians call it Derelictum or Quod est pro derelicto Bracton in the twelfth Chapter of his first book nsâ— 10. reckoneth them inter res quae sunt nullius ea quae pro waivio habentur sicut de averiis ubi non apparet Dominus where he also saith quòd olim fueruut inventoris de jure naturali et jam essiciuntur principis de jure Gentium That this is a Regality and belonging to the King except it be challenged by the owner within a year and a day it appeareth by Briton in his seventeenth chapter Now the Kings in their times have granted this and such like Prerogatives unto divers Subjects with their fees who there likewise saith that waifs things lost and estrayes must by the Lord of the franchise where they are found be caused to be cryed and published in Markets and Churches near about or else that the year and day doth not run to the prejudice of him that hath lost them See Waive M. Skene de verborum signif verb. waif saith that waif est pecus vel animal aberrans which wanders and waivers without a known Master and being found by any man within his own bounds must be by him proclaimed upon divers and sundry Market daies at the Parish Church and within the Sheriff-dome Otherwise the Deteyner may be accused of theft And it is lawfull for the owner to challenge the beast within a year and a day Whereby it appeareth that in Scotland that is called a weif which we here call a stray or estray Would of Kent is the woody part of the Country Camden Britannia pag. 247. M. Verstegan in his restitution of decayed intelligence saith that Wald Weald and Would differing in vowel signifie one thing to wit a Forest See the rest litera W. Wedding Nuptiae commeth of the German wed i. pignus and wed in Scotland signifieth so much at this day Skene de verborum signif verbo vadium Weigh waga is a certain weight of cheese or wool containing 256 pounds of avoyr de poyce See Clove Weights Pondera what they be it is well known There be two sorts of them in use with us The one called Troy weight which containeth twelve ounces in the pound and no more by the which Pearl precious stones electuaries and medicinal things gold silver and bread be weighed The other is called Aver de pois which containeth 16 ounces in the pound By this all other things are weighed that pass between man and man by weight saving only those above named Why the one should be called Troy weight I have not learned though I read it termed libram unciam Trojanam as if it came from Troy But Georg. Agricola in his learned Tractate de ponderibus mensuris pag. 339. termeth the pound of twelve ounces libram medicam and the other of sixteen ounces libram civilem saying thus of them both Medica civilis libra numero non gravitate unciarum differunt The second seemeth so to be termed by reason of the more full weight for Avoir de pois in French is as much as to say as to have full weight But by these words avoir depois are some time signified such Merchandize as are bought and sold by this kind of weights The first statute of York an 9 Ed. 3. in prooem an 27 Ed. 13. stat 2. cap. 10. anno 24. H. 8 cap. 13. Of weights in Scotland See Skene ac verbo signif verbo Serplathe All our weights and measures have their first composition from the penny sterling which ought to weigh two and thirty wheat corns of a middle sort twenty of which pence make an ounce and twelve such ounces a pound or twenty shillings but fifteen ounces make the Merchants pound Fleta lib. 2. cap. 12. It is not unlike that this Merchants pound though an ounce less should be all one in signification with the pound of Avoir de pois and the other pound called by Fleta troue weight plainly appeareth to be all one with that which we now call Troy weight And I find not Troy weight mentioned by any other that ever I read upon this subject but only our own Country men See Tronage Weights of Awncell anno 14 Ed.