Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per Traditionem Magni Sigilli sibi per Dominum Regem and by taking his Oath 4 Inst fol. 87. Kéepers of the Liberties of England by Authority of Parliament See Custodes Libertatis Kéeper of the Privy Seal
Archbishop of Canterbury of equal authority with the Arches though inferior both in Dignity and Antiquity and is held in the Archbishops Palace Of which you may read more in a Book entituled De Antiquitate Ecclesiae Britannicae Historia and 4 Inst fol. 337. Audiendo terminando Is a Writ or rather a Commission directed to certain persons when any Insurrection or great Misdemeanor is committed in any place for the appeasing and punishment thereof of which you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer Audita querela Is a Writ that lies against him who having taken a Statute-Merchant or Recognisance in the nature of a Statute Staple or a Judgment or Recognisance of another and craving or having obtained execution of the same from the Major and Bailiffs before whom it was entred at the complaint of the party who entred the same upon suggestion of some just cause why Execution should not be granted as a Release or other Exception This Writ is granted by the Lord Chancelor of England upon view of the Exception suggested to the Judges of either Bench willing them to grant Summons to the Sheriff of the County where the Creditor is for his appearance at a certain day before them See more in Old Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102. Auditor Lat. Is an Officer of the King or some other great personage who yearly by examining the Accompts of all under Officers accomptable makes up a general Book which shews the difference between their Receipts or Charge and their Allowances commonly called Allocations As namely the Auditors of the Exchequer take the Accompts of those Receivers who receive the Revenues of the Augmentation as also of the Sheriffs Escheators Collectors and Customers Of which see the Statute 33 Hen. 8. c. 83. and 4 part Inst fol. 106. Auditor of the Prests or Imprests Are also Officers in the Exchequer who take and make up the great Accompts of Ireland Berwick the Mint and of any Money imprested to any Man for His Majesties service See Practise of the Exohequer p. 83. Auditor of the Receipts Is an Officer of the Exchequer who Files the Tellers Bills and makes an Entry of them and gives in every week to the Lord Treasurer a Certificate of the Money received He makes also Debentures to every Teller before they pay any Money and takes their Accompts See 4 part Inst fol. 107. Aventure rectiùs adventure Is a mischance causing the death of a Man without Felony as when he is suddenly drowned or burnt by any disease or mischance falling into the Water or Fire Britton cap. 7. where you may read how it differs from Misadventure which see Avenage Fr. A certain quantity of Oats paid to a Land-lord in lieu of some other duties or as a Rent from the Tenant Avenor from the Fr. avene i. Oats Is an Officer of the Kings who provides Oats for his Stable and is mentioned Anno 13 Car. 2. cap. 8. Avera quasi overa à Gal. ouvre ouvrage velut operagium In Doomsday Grentbrigsh Rex Fordham sed tamen semper inveniat Averam vel 8 d. in Servicio Regis That is a days work of a Ploughman or 8 d. 4 Inst fol. 269. Average averagium from Averia i. Cattle Signifies Service which the Tenant ows the King or other Lord by Horse or Ox or by Carriage with either For in ancient Charters of Priviledges we finde Quietum esse de Averagiis Others probably derive it from the French euvrage or euvre i. opus It hath two significations First Rastal mentions the Kings Averages which I take to be the Kings carriage by Horse or Cart. Then Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others do proportionably make towards their losses who have their Goods cast into the Sea for the safeguard of the Ship or of the Goods and Lives of them in the Ship in time of a Tempest And this contribution seems to be so called because it is proportioned after the rate of every Mans Average or Goods carried In this last sence it is also used in the Statute 14 Car. 2. cap. 27. Average Is also a little duty which those Merchants who send Goods in another Mans Ship do pay to the Master of it for his care of them over and above the Freight for in Bills of Lading it is expressed Paying so much Freight for the said Goods with Frimage and Average accustomed Averiis captis in Withernam Is a Writ for taking Cattle to his use who hath his Cattle unlawfully taken by another and driven out of the County where they were taken that they cannot be Replevied Reg. of Writs fol. 82. When mention is made of one Beast we say Quidam equus vel quidam bos when of two or more we do not say Equi or boves but tot averia Averment verificatio From the Fr. Averer i. verificare testari Signifies commonly an offer of the Defendant to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action and it signifies the Act as well as the offer of justifying the Exception For Anno 34 Edw. 1. Stat. 2. The Demaâ—â—ant will offer to aver by the Assise or Jury c. In the English Nat. Br. fol. 57. These Errors shall be tryed by Averment c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment to say that c. Averment is twofold viz. general and particular a general Averment which is the conclusion of every Plea to the Writ or in Bar of Replications and other Pleadings for Counts or Avowries in nature of Counts need not be averred containing matter Affirmative ought to be averred with an hoc paratus est verificare c. Particular Averment is when the life of Tenant for Life or Tenant in Tail is averred c. And an Averment contains as well the matter as the Form thereof Coke on Littl. fol. 362. b. Averpeny quasi average-peny Is Money contributed towards the Kings averages or Money given to be freed thereof Rastals Exposition of words Averpeny hoc est quietum esse de diversis Denariis pro averagiis Domini Regis Augmentation augmentatio Was the name of a Court erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament to this end that the King might be justly dealt with touching the profit of such Religious Houses and their Lands as were given him by Act of Parliament the same year not Printed For dissolving which Court there was authority given Queen Mary by the Parliament held the first of Her Reign Sess 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent The Court took name from this That the Revenue of the Crown was thought to be much augmented by the suppression of the said Houses many of which the King reserved to the Crown Avisage See Avago
Berghmaysters that they faithfully Perform their Duties on the Minery And make Arrests and eke impartially Impanel Jurors Causes for to try And see that Right be done from time to time Both to the Lord and Farmers on the Minc Bernet Incendium from the Sax. byrnan to burn Is one of those crimes which by Henry the First 's Laws cap. 13. Emendari non possunt See Opentheff Bery or Bury from the Sax. Byr i. Habitatio A dwelling place a Mansion-house or Court a chief Farm The cheif House of a Mannor or the Lords Seat is still so called in some parts of England as in Herefordshire there are the Beries of Stockton Luston Hope c. Anciently also used for a Sanctuary Berton Bertona a Sax. bere hordeum ton villa Est area in aversa parte aedium ruralium primartarum in qua horrea stabula vilioris officii aedificia sita sunt in qua fodentur domestica animalia negotiationes rusticae peraguntur Rex Thesaurario Baronibus suis de Scaccario salutem Quia volumus quod Castrum nostrum Glocestriae nec-non Tina Bertona Gloc. corpori dicti Comitatus nostri Gloc. annectantur c. Claus 32 Edw. 1. m. 17. Berwica A Hamlet or Village appurtenant to some Town or Mannor often found in Doomsday from the Sax. bereƿica a Corn-Farm or Villa frumentaria Manerium minus ad maius pertinens non in gremio Manerii sed vel in confinio vel dis-junctiùs interdum situm est Spel. Besaile Fr. Bisayeul i. The Father of the Grand-father Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple the day he died and after his death a stranger abates or enters the same day uppn him and keeps out his Heir c. The form and further use of this Writ read in Fitz. Nat. Br. fol. 221. Besca A Spade or Shovel From the Fr. bescher to Dig or Delve In communi pastura turbas cum una sola besca fodient nihil dabunt Prior. Lew. Custamar de Hecham pa. 15. Hence perhaps Una bescata terrae inclusa Mon. Angl. p. 2. fol. 642. a. may signifie a peice of Land usually digged such as Gardiners sow Roots in Bestials Fr. Bestiails i. Beasts or Cattle of any sort Anno 4 Edw. 3 cap. 3. It is written Bestail and is generally and properly used for all kinde of Cattle Mentioned also in 12 Car. 2. cap. 4. Bidale or Bid-all Precaria potaria from the Sax. biddan i. To pray or sapplicate Is the invitation of Friends to drink Ale at the House of some poor Man who thereby hopes a charitable contribution for his relief still in use in the West of England and falsly written Bildale in some Copies of Bracton lib. 4. cap. 1. num ult And mentioned 26 Hen. 8. cap. 6. See Sothale Bidding of the Beads Anno 27 Hen. 8. cap. 26. Was anciently an invitation or notice given by the Parish Priest to his Parishioners at some special times to come to Prayers either for the Soul of some Friend departed or upon some other particular occasion And to this day our Ministers do usually on the Sunday precedent bid such Festivals as happen in the week following Holidays that is desire or invite their Parishioners to observe them Bidding comes from the Sax. biddan i. To desire or intreat and Bead in that language signifies a Prayer Bidripe Bidripa See Bederepes Biga Properly a Cart or Chariot drawn with two Horses coupled side to side but in our ancient Records it is used for any Cart Wain or Waggon Et quod eant cum Bigis carris caeteris falleris super tenementum suum c. 2 Mon. Angl. fol. 256. b. Bigamus Is he that hath married two or more Wives or a Widdow as appears in the Statutes 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst fol. 273. Bigamy Bigamia Signifies a double marriage or the marriage of two Wives it is used for an impediment to be a Clerk Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy Chap. 5. 2. Oportet ergo Episcopum irreprehensibilem esse unitis uxoris virum Upon which the Canonists founded that Doctrine That he that hath married a Widow is by their interpretation taken to have been twice married And both these they not onely exclude from holy Orders but deny them all Priviledges that belong to Clerks But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks though not within Orders the benefit of Clergy in case of Felony not especially excepted by some other Statute Brook tit Clergy Bilanciis deferendis Is a Writ directed to a Corporation for the carrying of Weights to such a Haven there to weigh the Wools that such a Man is licenced to transport Reg. of Writs fol. 270. a. Bilawes or rather By-laws from the Gothish By pagus and lagen Lex or from the Sax. Bilage i. Leges obiter pro re nata conditae are particular Orders made in Court Leets or Court Barons by common assent of the Resiants for the good of those that make them in some particular Cases whereto the Publick Law does not extend Coke Vol. 6. fol. 63. Kitchin fol. 45 79. In Scotland they are called Laws of Burlaw or Birlaw which are made and determined by consent of Neighbors elected by common consent in the Birlaw Courts wherein Knowledge is taken of Complaints betwixt Neighbor and Neighbor which men so chosen are Judges and Arbitrators to the effect aforesaid and are called Birlaw-men For Bawr or Bawrsman in Dutch is Rusticus and so Birlaw or Burlaw Leges Rusticorum Skene By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs are impowred to make By-Laws c. Anno 20 Car. 2. cap. 6. Bilinguis Signifies in the generality a double-tongued Man or one that can speak two Languages yet it is used for that Jury which passeth in any Case betwixt an Englishman and an Alien whereof part must be Englishmen and part strangers Anno 28 Edw. 3. cap. 13. Bill Billa Is diversly used First it is a security for Money under the Hand and Seal of the Debtor and is without condition or forfeiture for non-payment 2. Bill is a Declaration in Writing expressing either the wrong the Complainant hath suffered by the party complained of or else some fault committed against some Law or Statute of the Realm This Bill is most commonly addressed to the Lord Chancellor of England especially for unconscionable wrongs done sometimes to others having Jurisdiction according as the Law whereon they are grounded does direct It contains the Fact complained of the Damages thereby sustained and Petition of Process against the Defendant for redress See more in West par 2. Symbol tit Supplications Bill of Store Is a kinde of
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
whereby the King commands the Justices in Eyre to admit of ones Claim by Atturney who is employed in the Kings-service and cannot come in his own person Reg. of Writs fol. 19. b. Clap-bord Anno 35 Eliz. cap. 11. Is Board cut in order to make Cask or Vessels Clarentius See Herald Claves Insulae i. The Keys of the Island In the Isle of Man all ambiguous and weighty Cases are referred to Twelve whom they call Claves Insulae Clausum Fregit Mr. Somner in his Saxon Dictionary conceives the original of those much used words in our Law-Pleadings might come from the Saxon Eder-bryce which signifies Hedge-breaking the Boughs which close the top of the Hedge being usually called Etherings Clausum Paschae Stat. of Westm 1. Lendemaine de la Cluse de Pasche that is In Crastino clausi Paschae or in Crastino Octabis Paschae which is all one viz. The morrow of the Utas of Easter 2 Part. Inst fol. 157. Ad Curiam cum visu Franc. Pleg tent apud Maurdin die Jovis prox post Festum Clausi Paschae Anno 17 Edw. 4. Testatum fuit quod c. Clausum Paschae i. Dominica in Albis sic dictum quòd Pascha Claudat Clausura Heye Johannes Stanley Ar. clamat quod ipse haeredes sui sunt quieti de Clausura Heye de Macclesfield scil Clausura unius Rodae terrae circitèr hayam praedict Rot. Plac. in Itinere apud Cestriam Anno 14 Hen. 7. Clergy Clerus Is diversly taken sometime for the whole number of those who are De Clero Domini of our Lords lot or share as the Tribe of Levi was in Judaea sometimes for a Plea to an Indictment or an Appeal and is by Stamf. Pl. Cor. lib. 2. cap. 41. thus defined Clergy is an ancient liberty of the Church which hath been confirmed by divers Parliaments and is When a Priest or one in Orders is arraigned of Felony before a Secular Judge he may pray his Clergy which is as much as if he prayed to be delivered to his Ordinary to purge himself of the offence objected And this might be done in case of Murder Coke lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri Anno 9 Edw. 2. c. 26. and what persons might have their Clergy and what not see Stamf. Pl. Cor. lib. 2. cap. 42 43. Yet there are many Statutes made since he wrote that Book whereby the benefit of Clergy is abrigded As Anno 8 Eliz. cap. 4. 14 Ejusdem cap. 5. 18 Ejusdem cap. 4 6 7. Anno 23 Ejusdem cap. 2. 29 Ejusdem cap. 2. 31 Ejusdem cap 12. and 39 Ejusdem cap. 9. 15. Of this see Cromptons Justice of Peace fol. 102 105. And Lambert Eiren. lib. 4. cap. 14. And note that the ancient course of Law in this point is much altered for by the Statute of 18 Eliz cap. 7. Clerks are no more delivered to their Ordinaries to be purged but now every Man to whom this benefit is granted though not in Orders is put to read at the Bar after he is found guilty and convicted of such Felony and so burnt in the hand and set free for the first time if the Ordinaries Commissioner or Deputy standing by do say Legit ut Clericus or otherwise he suffers death for his transgression Cowel Clerico Admittendo Is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne Admittas tryed and found for the party that procures the Writ Reg. of Writs fol. 31. Clerico capto per Statutum Mercatorum c. Is a Writ for the delivery of a Clerk out of prison who is imprisoned upon the Breach of a Statute Merchant Reg. of Writs fol. 147. Clerico convicto commisso Goalae in defectu Ordinarii deliberando Is a Writ for the delivery of a Clerk to his Ordinary that was formerly convict of Felony by reason his Ordinary did not challenge him according to the priviledges of Clerks Reg. of Writs fol. 69. a. Clerico infra sacros ordines constituto non eligendo in Officium Is a Writ directed to the Bailiffs c. that have thrust a Bailiwick or Beadleship upon one in holy Orders charging them to release him Reg. of Writs fol. 143. a. Clerk Clericus Hath two significations one as it is the title of him that belongs to the holy Ministery of the Church under which where the Canon Law hath full power are not onely comprehended Sacerdotes Diaconi but also Subdiaconi Cantores Acolyti Exorcistae Ostiarii And in this signification a Clerk is either Religious otherwise called Regular or Secular Anno 4 Hen. 4. cap. 12. The other denotes those who by their function or course of life practise their Pen in any Court or otherwise as the Clerk of the Rolls of Parliament Clerks of the Chancery c. whose peculiar Offices shall be set down in order Clerk of the Ax Clericus Securis Is an Officer in the Navy whose function is to carry a Silver Ax wherewith to mark and seise Timber for the Kings use in His Navy or otherwise and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts I suppose by mistake Clerk of the Parliament Rolls Clericus Rotulorum Parliamenti Is he that Records all things done in the High Court of Parliament and engrosseth them fairly in Parchment Rolls for their better preservation to posterity Of these there are two One of the Lords House another of the House of Commons Cromp. Jurisd fol. 4. 8. Smith de Repl. Angl. pag. 38. See also Vowels Book touching the Order of the Parliament Clerk of the Crown in Chancery Clericus Coronae in Cancellaria Is an Officer there who by himself or Deputy is continually to attend the Lord Chancellor or Lord Keeper writes and prepares for the Great Seal of England special Matters of State by Commission or the like either immediately from His Majesty or by Order of His Council as well ordinary as extraordinary viz. Commissions of Lieutenancy of Justices Itinerant and of Assises of Oyer and Terminer of Goal Delivery and of the Peace with their Writs of Association and the like Also all General Pardons upon Grants of them at the Kings Coronation or at a Parliament where he sits in the Lords House in Parliament time info whose Office the Writs of Parliament made by the Clerks of the Pettibag with the names of Knights and Burgesses elected thereupon are to be returned and filed He hath also the making of all special Pardons and Writs of Execution upon Bonds of Statute Staple forfeited which was annexed to his Office in the Reign of Queen Mary in consideration of his continual and chargeable attendance Both these before being common for every Cursitor and Clerk of the Court of Chancery to make Clerk of the Crown Clericus Coronae Is a Clerk or Officer in the Kings Bench whose function is to frame read and record all Indictments against Traitors Felons and
Wil. Dugdale Arm. And in another Deed xx Acras terrae Marlatas Marled Lands Marque from the Sax. Mearc i. Signum Signifies in our ancient Statutes as much as Reprisals as Anno 4 Hen. 5. cap. 7. Marques and Reprisals are used as Synonima and Letters of Marque in the same signification See Reprisals Marquis or Marquess Marchio qui regionis limitem incolit Is a Title of Honor next before an Earl and next after a Duke Marchiones Walliae viz. Rogerus de Mortuo-mari Jacobus de Audeley Rogerius de Clifford Rogerius de Leyburn Hamo Extraneus ille de Turbervilla cum pluribus aliis qui de bello praedicto de Lewes nuper fugerunt c. Mat. Westm in Anno 1264. pag. 225. Marshal See Mareshal Martial Law Is the Law that depends upon the just and arbitrary power and pleasure of the King or His Lieutenant in time of Wars For though the King does not in time of Peace make any Laws but by consent of the Three Estates in Parliament yet in Wars by reason of the great dangers rising from small occasions he useth absolute power in so much as His word goes for Law Smith de Repub. Angl. lib. 2. cap. 3. See Law of Arms. Mast Glans Pessona Glandis nomine continentur glans castanea faginr ficus nuces alia quaeque quae edi pasci poterunt praeter herbam Bracton lib. 4. 226. See Pessona Master of the Rolls Magister Rotulorum Is an assistant to the Lord Chancellor of England in the High Court of Chancery and in his absence heareth Causes there and gives Orders Crompt Jur. fol. 41. His title in his Patent is Clericus parvae bagae Custos Rotulorum as also Domus Conversorum Because the place where the Rolls of Chancery are now kept was anciently the House for Habitation of those Jews who were converted to Christianity But his Office hath that title from the safe keeping of the Rolls of all Patents and Grants that pass the Great Seal and of all Records of the Court of Chancery c. He is called Clerk of the Rolls Anno 12 Rich. 2. cap. 2. And in Fortescu cap. 24. And no where Master of the Rolls until 11 Hen. 7. cap. 20. And yet cap. 25. Ejusdem he is also called Clerk In which respect Sir Tho. Smith lib. 2. cap. 10. says He may not unfitly be called Custos Archivorum He hath the bestowing of the Offices of the Six Clerks the Clerks of the Pettibag Examiners of the Court and the Clerks of the Chappel Anno 14 15 Hen. 8. cap. 1. See Roll. Master of the Mint Anno 2 Hen. 6. cap. 14. Is now called the Warden of the Mint whose Office is to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to his Function Master of the Court of Wards and Liberies Was the cheif Officer of that Court named and assigned by the King to whose custody the Seal of the Court was committed c. Anno 33 Hen. 8. cap. 33. But this Court with the Officers and Appurtenances thereof is abolished by 12 Car. 2. cap. 24. Master of the Horse Is he that hath the Rule and Charge of the Kings Stable being an Office of high account and always bestowed upon some Nobleman of great merit and is mentioned Anno 39 Eliz. cap. 7. and 1 Edw 6. cap. 5. This Officer under the Emperors of Rome was called Comes sacri Stabuli Master of the Posts Was an Officer of the Kings Court who had the appointing placing and displacing of all such thorough England as provided Post-horses for the speedy passing of the Kings Messages Letters Pacquets and other business and is mentioned Anno 2 Edw. 6. cap. 3. But now by Statute 12 Car. 2. cap. 34. One General Letter Office or Post Office is setled in London the Master of which Office is appointed by the King by Letters Patent with Rates and Rules prescribed in the said Act for carrying Subjects Letters Master of the Armory Is he that hath the care and over-sight of His Majesties Armor and mentioned 39 Eliz. cap. 7. Master of the Jewel House Is an Officer in the Kings Houshold of great credit having charge of all Plate used for the King or Queens Table or any great Officer in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Anno 39 Eliz. cap. 7. Master of the Kings Houshold Magister Hospitii Regis Is otherwise called Grand Master of the Kings Houshold and is called Lord Steward of the Kings most Honorable Houshold Anno 32 Hen. 8. cap. 39. But Primo Mariae and ever since he is called Lord Steward of the Kings Houshold under whom there is a Principal Officer of the Houshold called the Master of the Houshold of great Authority as well as Antiquity Master of the Ordnance Anno 39 Eliz. cap. 7. Is a great Officer to whose care all the Kings Ordnance and Artillery is committed Masters of the Chancery Magistri Cancellariae Are assistants in the Chancery to the Lord Chancellor or Lord Keeper and Master of the Rolls Of these there are some Ordinary and some Extraordinary of Ordinary there are twelve whereof the Master of the Rolls is accompted one whereof some sit in Court every day throughout each Term and have referred to them at the Lord Chancellors or Master of the Rolls discretion the Interlocutory Reports for stating Accompts computing damages and the like taking of Oaths Affidavits and Acknowledgments of Deeds and Recognisances The Extraordinary do act in all the Countrey Ten Miles from London by taking Recognisances and Affidavits Acknowledgments of Deeds c. for the case of the Subject Master of the Kings Musters Is a Martial Officer in all Royal Armies most necessary as well for the maintaining the Forces compleat wel-armed and trained as also for prevention of such Frauds as otherwise may exceedingly waste the Princes Treasure and extreamly weaken the Forces c. mentioned 2 Edw. 6. cap. 2. And Muster-Master-General Anno 35 Eliz. cap. 4. Master of the Wardrobe Magister Garderobae Is a great Officer in Court having his habitation belonging to that Office called the Wardrobe near Puddle-Wharf in London He has the charge and custody of all former Kings and Queens ancient Robes remaining in the Tower and all Hangings Bedding c. for the Kings Houses He has also the charge and delivery out of all Velvet or Scarlet allowed for Liveries c. Of this Officer mention is made Anno 39 Eliz. ca. 7. Masura terrae Sunt in eisdem masuris 60 Domus plus quam ante fuerunt Domesday In Fr. Masure de terre is a quantity of ground containing about four Oxgangs Matter in Deed and matter of Record Differ thus according to Old Nat. Br. fo 19. The first seems to be nothing else but some truth or matter of Fact to be proved though not by
imaginibus equitum in Sigillis posuerunt Arma sua in parvis Scutis Chron. Joh. Rossi in Bibl. Cotton Sealer Sigillator Is an Officer in the Chancery who is appointed by the Lord Chancellor or Keeper of the Great Seal of England to Seal the Writs and Instruments there made in his presence Seam Sax. See Seme Sean fish Anno 1 Jac. Ses 1. ca. 25. Seems to be that sort of Fish which is taken with a great long Net call'd a Sean Searcher See Alneger Sea-rover Anno 16 Car. 2. ca. 6. See Privateir Second Deliverance Secunda Deliberatione Is a Writ that lies after a return of Cattle replevied adjudged to him that distrained them by reason of a default in the party that replevied for the replevying the same Cattle again upon security put in for the redelivery of them in case the Distress be justified New Book of Entries verbo Replevin in Second Deliverance fol. 522. Vide Dyer fol. 41. num 4 5. Secta ad Curiam Is a Writ that iies against him who refuseth to perform his Sute either to the County or Court Baron Fitz. Nat. Br. fol. 158. Secta facienda per illam quae habet aeniciam partem Is a Writ to compel the Heir that hath the Elders part of the Coheirs to perform service for all the Coparceners Reg. of Writs fol 177. a. Secta Molendini Is a Writ lying against him that used to grind at the Mill of B. and after goes to another Mill with his Corn. Reg. of Writs fol. 153. Fitz. Nat. Br. fol. 122. But it seems by him that this Writ lies especially for the Lord against his Frank-tenant who held of him by making Sute to his Mill. See the New Book of Entries on this word Secta ad Molendinum and Assises of Nusance are now much turned into Trespasses and Actions upon the Case Secta ad justitiam faciendam Bracton lib. 2. cap. 16. num 6. Is a Service which a Man is bound by his Fee to perform Secta Shirarum Per Sectam Shirarum clamat esse quiet de secta in Com. Cestriae Flint coram Justic Domini Principis in Communi Aula placitorum Plac. in Itin. apud Cestriam 14 Hen. 7. Secta unica tantum facienda pro pluribus haereditatibus Is a Writ that lies for that Heir who is distrained by the Lord to more Sutes than one in respect of the Land of divers Heirs descended to him Reg. of Writs fol. 177. 4. Sectis non faciendis Is a Writ that lies for a Woman who for her Dower ought not to perform Sute of Court Reg. of Writs fol. 174. Secunda super oneratione Pasturae Is a Writ that lies where Admeasurement of Pasture hath been made and he that first surcharged the Common does it again notwithstanding the Measurement Reg. of Writs fol. 157. Old Nat. Br. fol. 73. Vide 13 Edw. 1. cap. 8. Secundary Secundarius A Second Officer who is next to the Cheif Officer As the Secundary of the Fine Office Secundary of the Compter who is next to the Sheriff of London in each of the two Compters Secundary of the Office of the Privy Seal Anno 1 Edw. 4. cap. 1. Secundaries of the Pipe two Secundary to the Remembrancers which are two Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quod se non divertat ad partes exteras sine Licentia Regis Is a Writ that lies for the King against any of His Subjects to stay them from going out of His Kingdom The ground whereof is That every Man is bound to serve and defend the Commonwealth as the King shall think meet Fitz. Nat. Br fol. 85. Securitate Pacis Is a Writ that lies for one who is threatned death or danger against him that so threatens and is taken out of the Chancery directed to the Sheriff whereof the form and farther use you may see in Reg. of Writs fol. 88. b. and Fitz. Nat. Br. fol. 79. Se Defendendo Is a Plea for him who is charged with the death of another saying He was forced to what he did in his own defence the other so assaulting him that if he had not done as he did he must have been in danger of his own life Which danger ought to be so great as that it appears to have been otherwise inevitable Stamf. Pl. Cor. lib. 1. cap. 7. And although he justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chancelor and forfeits notwithstanding his Goods to the King Seignior Dominus Fr. Seigneur Signifies generally as much as Lord but particularly it is used for the Lord of the Fee or of a Mannor as Dominus or Senior among the Feudists is he who grants a Fee or Benefit out of the Land to another and the reason is because as Hotoman says having granted the use and profit of the Land to another yet the property i. Dominium directum he still retains in himself Seignior in Gross See Lord in Gross Seignory Dominium Fr. Seigneurie i. Ditio Dominatus c. Signifies a Mannor or Lordship Seignorie de Sokemans Kitchin fol. 80. Seignorie in Gross seems to be the title of him who is not Lord by means of any Mannor but immediately in his own person As Tenure in Capite whereby one held of the King as of His Crown was Seignorie in Gross Idem fol. 206. Seignourage Anno 9 Hen. 5. stat 2. cap. 1. Seems to be a Regality or Prerogative of the King whereby He challengeth allowance of Gold and Silver brought in the Mass to His Exchange to be coyned Seisin Seisina Fr. Scisine Possession and Primier Seisin is the first Possession Seisin is twofold in Fact and in Law Perkins Dower 369 370. Seisin in Fact is When an Actual Possession is taken Seisin in Law is When something is done which the Law accounts a Seisin as an Inrolment Seisin in Law is as much as a right to Lands and Tenements though the owner be by wrong dâ—â—â—eised of them Perkins Tenant pur le Curtesie 457 478. Coke lib. 4. fol. 9. a. Calls it Seisin in Law or Seisin Actual Seisina habenda quia Rex habuit annum diem vastum Is a Writ that lies for Delivery of Seisin to the Lord of his Lands or Tenements who was formerly convict of Felony after the King in right of His Prerogative hath had the Year Day and Waste Reg. of Writs fol. 165. a. Selda From the Sax. Selde a Seat Stool or Settle Assisa Mensurarum Anno 9 Rich. 1. apud Hoveden Prohibemus ne quis mercator praetendat Seldae suae rubros pannos vel nigros vel scuta vel aliqua alia per quae visus emptorum saepe decipiuntur ad bonum pannum eligendum In Majoribus Chronicis ubi locus hic vertitur Selda Window exponitur says Spelman But by what follows it seems clearly to signifie a Shop Shed Standing or Stall Sciant praesentes futuri quod
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
habent arma habere possunt illuc veniant ad capiendum solidatas nostras Breve Regis Johannis vicecomitatus Angliae Anno 1213. Solinus terrae In Domesday Book contains two Plowlands and sometimes less then a half for there it is said Septem Solini terrae sunt 17 Carucat Soller or Solar Solarium A Chamber or upper room Dedi unam Shoppam cum Solario super aedificato Ex vet carta Solutione feodi militis Parliamenti and Solutione feodi Burgen Parliamenti Are Writs whereby Knights of the Shire and Burgesses may recover their allowance if it be denyâ—d Anno 35 Hen. 8. ca. 11. Sommons See Summons Sontage Was a Tax of forty shillings laid upon every Knights Fee Scow pa. 284. In some places the word is used for course Cloth as bagging for Hops or the like Systema Agriculturae Sorcery Sortilegium Witchcraft or Divination by Lots which is Felony by 1 Jac. ca. 12. Sortilegus quia utitur sortibus in cantationibus Daemonis 3 Inst fo 44. Sorcery devinal sont members de Heresy Mirror ca. 1. Sect. 5. Excepted out of the Act of General pardon 12 Car. 2. ca. 11. Sothale In Bracton Lib. 3. Tract 2. ca. 1. It is written Sothail but both conceived to be mistaken for Scotale which vide Henrici autem tercii aetate hoc sublatum esse constat ex Bracton South-Uicont sub-vicecomes The under-Sheriff Cromp. Jur. fo 5. Sown Is a corruption from the Fr. Souvenu i. Remembred For the Stat. 4 Hen. 5. ca. 7. in the Original French hath des Estreats nient souvenu which by turning the two single u v into w was first made Sowenu afterwards Sown which properly signifies remembred And such Estreats and Casualties as are not to be remembred run not in demand that is are not leviable It is used as a word of art in the Exchequer where Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he may gather 4 Part Inst fo 107. Speaker of the Parliament Is an Officer in that High Court who is as it were the Common-Mouth of the rest of which there are two one termed The Lord Speaker of the House of Peers who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other being a Member of the House of Commons is called the Speaker of the House of Commons The duties of which two you have particularly described in a Book Entituled The Order and usage of keeping the Parliament See Parliament Special matter in evidence See General Issâ—â— and Brooke tit General Issue and Special Evidence Specialitas A specialty is usually taken for a Bond Bill or such like Instrument Presentatum fuit per Juratores quod quidam Johannes de Pratis habuit quandam uxorem amicabilem de cujus specialitate Willielmus filius Henrici Molendinarii similiter quidam alii malefactores fuerunt Ita quod predicti malefactores venerunt ad lectum ipsius Johannis ubi jacebat ipsum traxerunt ab eadem ipsum abinde duxerunt tenuerunt dum praedictus Willielmus concubuit cum ea Pl. coram Rege apud Ebor. Mich. 1 Ed. 3. Rot. 123. Here it seems to be used for special or particular acquaintance Spinster Pollard miles Judic habuit 11 filios gladiis cinctos in tumulo suo totidem filias fusis depictas Spelman in his Aspilogia sayes Antiquis temporibus ipsae Reginae fusis usae sunt unde hodie omnes faeminae Spinsters dictae sunt It is the Addition usually given to all unmarried Women from the Viscounts Daughter downwards Yet Sir Edward Coke sayes Generosa is a good addition for a Gentlewoman and if they be named Spinster in any Original Writ Appeal or Inditement they may abate and quash the same 2 Inst fo 668. Spiritualities of a Bishop Spiritualia Episcopi Are those Profits which he receives as he is a Bishop and not as he is a Baron of the Parliament Stamf. Pl. Cor. fo 132. Such are the duties of his Visitation his benefit growing from Ordaining and Instituting Priests Prestation Money that is subsidium charitativum which upon reasonable cause he may require of his Clergy the benefit of his Jurisdiction c. Joachimus Stephanus de Jurisdict lib. 4. ca. 14. num 14. Spittle-house mentioned in the Act for Subsidies 15 Car. 2. ca. 9. is a corruption from Hospital and signifies the same thing or it may be taken from the Teutonic Spital an Hospital or Almes-house Spoliation Spoliatio Is a Writ that lies for an Incumbent against another Incumbent in case where the right of Patronage comes not into debate As if a Parson be made a Bishop and has dispensation to keep his Rectory and afterwards the Patron presents another to the Church who is instituted and inducted The Bishop shall have against this Incumbent a Writ of Spoliation in Court Christian Fitz. Nat. Br. fo 36. See Benevolence Spullers of Yarn Anno 1 Mariae Parl. 1. ca. 7. Are tryers of Yarn to see if it be well spun and fit for the Loom Sqalley Anno 43 Eliz. ca. 10. See Rewey It is a note of faltines in the making of Cloth Stablestand Stabilis statio vel potius stans in stabulo is one of the four Evidences or Presumptions whereby a Man is convinced to intend the stealing the Kings Dear in the Forest Manwood Par. 2. ca. 18. num 9. the other three are Dogdraw Backbear Bloudy-hand This Stablestand is when a Man is found at his standing in the Forest with a Cross or Long-Bow bent ready to shoot at any Dear or else standing close by a Tree with Greyhounds in a Lease ready to slip Stagnarium Rectius Stannarium A Tin-mine Rex c. Roberto de Curtenay Concessimus Dominae Reginae matri nostrae Cuneum Stagnarium Devon ad se sustinendum Paten Anno 1 Hen. 3. Stagnes Stagna Ponds Pools or standing Waters mentioned Anno 5 Eliz. ca. 21. Stalboat A kind of Fishers-boat Anno 27 Eliz. ca. 21. Stalkers A kind of Fishing-Nets mentioned Anno 13 Rich. 2. Stat. 1. ca. 20. 17 ejusdem ca. 9. Stallage Stallagium From the Sax. stal i. Stabulum statio the liberty or right of pitching or erecting Stalls in Fair or Market or the Money paid for the same Quod si aliquis portaverit res suas ad forum posuerit super Stallas faciet redemptionem pro eis qualibet die Lunae vel semel pro toto anno Ex Registro Priorat de Cokesford See Scavage In Scotland it is called Stallange and among the Romans it was termed Siliquaticum Standard See Estandard Standel Is a young store-Oake-tree which may in time make Timber twelve such are to be left standing in every Acre of Wood at the felling thereof Anno 35 Hen. 8. ca. 17. and 13 Eliz ca 25. Stannaries Stannaria from the Lat. Stannum i. Tin Are the Mynes and Works where this Mettal is got
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Br. fol. 92. E. See Trespass and the divers use of this Writ in the Table of Reg. of Writs 2 Inst fol. 419. Transire Anno 14 Car. 2. cap. 11. I used for a Custom-house Warrant or Let-pass from transeo to go forth or let pass Transitory Is the opposite to Local See Local Trantery So in some Mannors they call the Money arising by Amercements of Ale-sellers and Victuallers for breaking the Assise of Bread and Ale as at Luston and other Mannors in Herefordshire especially those belonging to the Brishopric of Hereford But why so called Quaere Travers from the Fr. Traverser i. Transfigere Signifies sometimes to deny sometimes to overthrow or undo a thing or to put one to prove some matter much used in answers to a Bill in Chancery or it is that which the Defendant pleadeth or saith in Bar to avoid the Plaintiffs Bill either by confessing and avoiding or by denying and traversing the material parts thereof The formal words of which Travers are in our French sans ceo in Latin absque hoc in English without that See Kitchin fol. 227. 240. To Travers an Office is nothing else but to prove That an Inquisition made of Goods or Lands by the Escheater is defective and untruly made So to Travers an Indictment is to take issue upon the cheif matter and to contradict or deny some point of it As in a Presentment against A. for a High-way overflown with Water for default of scouring a Ditch c. A. may Travers either the matter that there is no High-way there or that the Ditch is sufficiently scoured or otherwise he may Travers the Cause viz. That he hath not the Land or that he and they whose estate c. have not used to scour the Ditch Lamb. Eiren. lib. 4. cap. 13. pag. 521 522. See the New Book of Entries verbo Travers Treason Fr. Trahison i. Proditio Is divided into high and petit Anno 25 Edw. 3. stat 3. cap. 4. High-treason is defined to be an offence committed against the Security of the King or Commonwealth whether it be by imagination word or deed as to compass or imagin the death of the King Queen or Prince or to deflower the Kings Wife or His eldest Daughter unmarried or His eldest Sons Wife or levy War against the King in His Realm adhere to His enemies counterfeit His Great Seal Privy Seal or Money or wittingly to bring false Money into this Realm counterfeited like the Money of England and utter the same To kill the Kings Chancellor Treasurer Justices of either Bench Justices in Eyre of Assise or of Oyer and Terminer being in their place doing their Office An. 25 Edw. 3. cap. 2. Forging the Kings Seal-Manuel or Privy Signet Privy Seal or Foreign Coyn current here Anno 2 Mar. cap. 6. or diminishing or impairing current Money 5 Eliz. cap. 11. 14 Eliz. cap. 3. and 18 Eliz. cap. 1. Or to say the King is an Heretick or Papist or that He intends to introduce Popery c. Anno 13 Car. 2. cap. 1. And many others which you may read there and in other places particularly expressed In case of this Treason a Man shall be hanged drawn and quartered and forfeit his Lands and Goods to the King it is also called Treason Paramount Anno 25 Edw. 3. cap. 2. Petit Treason Is when a Servant kills his Master a Wife her Husband or when a Secular or Religious Man kills his Prelate or Superior to whom he ows Faith and Obedience and in how many other Cases Petit Treason may be committed See Cromp. Just of Peace This kinde of Treason gives forfeiture of Escheats to every Lord within his own Fee See Bracton lib. 3. tract 2. cap. 3. num 1. 2. There is also mention of Accumulative Treason and Constructive Treason in the Stat. 14 Car. 2. cap. 29. Treasure-trove Fr. Tresor-trouve i. Treasure-found Signifies veterem depositionem pecuniae cujus non extat memoria ut jam dominum non habeat And though the Civil Law give it to the finder according to the Law of Nature yet our Law gives it to the King by His Prerogative or to some other who claims by the Kings grant or by praescription as appears by Bracton lib. 3. Tract 2. ca. 3. nu 4. The punishment for concealing Treasure found is imprisonment and fine But if the owner may any wayes be known then it does not belong to the Kings Prerogative Briton ca. 17. sayes 't is every Subjects part as soon as he has found any Treasure in the earth to make it known to the Coroners of the County c. See Kitchin fo 40. Anno 1 2 Ph. Mary ca. 15. This was anciently called Fyndaringa of finding the Treasure LL. Hen. 1. ca. 11. See 3 Inst fo 132. Treasurer Thesaurarius Is an Officer to whom the Treasure of another is committed to be kept and truly disposed of The chief of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose Government is all the Princes Wealth contained in the Exchequer as also the Check of all Officers any way employed in collecting Imposts Tributes or other Revenues belonging to the Crown c. Smith de Repub. Angl. lib. 2. ca. 14. See Anno 20 Ed. 3. ca. 6. and other Statutes relating to this Great Officer There is also Treasurer of the Kings Houshold who is also of the Privy-Council and in the absence of the Steward of the Kings houshold has power with the Controller and Steward of the Marshalsea without Commission to hear and determin Treasons Murder c. committed within the Kings Palace Stam. Pl. Cor. lib. 3. ca. 5. There is also in the Statutes mention of Treasurer of the Exchequer Treasurer of the Navy Treasurer of the Kings Chamber Treasurer of the Kings Wardrobe Treasurer of the Wars c. And most Corporations throughout the Kingdom have an Officer of this Name who receives their Rents and disburseth their common expences Treat From the French Traire i. Emulgerâ— Signifies as much as taken out or withdrawn As a Juror was challenged because he could not dispend 40 l. and therefore was treat by the Statute Old Nat. Br. fo 159. that is removed or discharged Trebuchet Terbichetum A Tumbrel or Cokestole 3 Part. Inst fo 219. See Tribuch Treet Triticum i. Wheat In the Statute of 51 Hen. 3. Bread of Treet seems to be that bread which was made of fine Wheat See Cocket Trental Trentale An Office for the Dead continued thirty dayes or consisting of thirty Masses from the Italian Trenta i. Triginta mentioned Anno 1 Ed. 6. ca. 14. Et volo ordino quod Executores mei ordinant scu ordinare faciunt unum Trentall pro salute animae meae Will proved Anno 1456. Trespass Transgressio Signifies any transgression of the Law under Treason Felony or Misprision of either Stam. pl. Cor. fo 38. where he
Custos privati Sigilli Is a Lord by his Office through whose hands pass all Charters signed by the King before they come to the Great Seal and some things which do not pass the Great Seal at all He is also of the Kings Privy Council and was anciently called Clerk of the Privy Seal Anno 12 Rich. 2. cap. 11. Gardien del Privy Seal In Rot. Parl. 11 Hen. 4. num 28. And Lord Privy Seal Anno 34 Hen. 8. cap. 4. Kéeper of the Touch Anno 12 Hen. 6. cap. 14. Seems to be that Officer in the Kings Mint which at this day is called Master of the Assay See Mint Kéeper of the Forest Custos Forestae Is also called Cheif Warden of the Forest and hath the principal Government of all things and the check of all Officers thereto belonging And the Lord Cheif Justice in Eyre of the Forest when it pleaseth him to keep his Iustice Seat sends out his general Summons to him forty days before to warn all under Officers to appear before him at a day assigned in the Summons Manw. par 1. p. 156 c. Kennets A sort of course Welsh Cloth mentioned Anno 33 Hen. 8. cap. 3. Kernes Idle persons Vagabonds Nec non de illis qui dicuntur homines ociosi malefactoribus qui etiam Kernys dicuntur Ord. Hibern 31 Edw. 3. m. 11 12. Kernellatus Et Dux sc Lanc. dicit quod ipse clamat pro se haeredibus suis habere Castrum suum de Halton Kernellatum Pl. de quo Warr. apud Cestriam 31 Edw. 3. Fortified or Embattelled Keyles or Kéeles Cyuli or Ciules A kinde of Long Boats of great Antiquity mentioned Anno 23 Hen. 8. cap. 18. Longae Naves quibus Britanniam primò ingressi sunt Saxones Spel. Kidder Anno 5 Eliz. cap. 12. Every person being a Common Badger Kidder Lader or Carrier Says the Statute whereby it seems to signifie one that Badges or carries Corn Dead Victual or other Merchandise up and down to sell called also Kyddiers Anno 13 Eliz. cap. 25. Kiddle Kidel or Kedel Kidellus A Dam or open Wear in a River with a loop or narrow cut in it accommodated for the laying of Weels or other Engins to catch Fish 2 Part. of Cokes Instit Angustias machinas sive ingenia in fluminibus posita ad Salmones aliosque pisces intercipiendos Some Fishermen corruptly call them Kettles The word is ancient for in Magna Charta cap. 24. we read thus Omnes Kidelli deponantur de caetero penitus per Thamesiam Medeweyam per totam Angliam nisi per costeram Maris And in a Charter made by King Iohn power was granted to the City of London De Kidellis amovendis per Thamesiam Medeweyam Anno 1 Hen. 4. cap. 12. It was accorded inter alia That a Survey should be made of the Wears Mills Stanks Stakes and Kidels in the great Rivers of England Inq. capt apud Derb. 15 Nov. 1 Eliz. post mortem Tho. Fyndern c. Et fuit sâ—isitus de uno Kidello vocat a Were ac de libera piscaria in Potlok Esc Bundello 3. Kilketh Was an ancient servile kind of payment For in an old Manuscript I find Kilketh pro qualibet husbandrea 2 denar King of Heralds Rex Heraldorum Is a chief Officer at Armes that hath the preheminence of the Society Among the Romans he was called Pater patratus See Herald King of the Minstrels at Tutbury in Com. Staff his power and priviledge appears in the following Charter JOhan par le grace de Dieu Roy de Castile de Leon Duke de Lancastre a touts ceux que cestes nos letres verront ou orront saluz Saches nous avoir ordonez constitut assignez nostre bien ame le Roy des Ministraulx deins nostre Honeur de Tuttebury quore est ou qui pur le temps serra pur prendre arrester touts les Ministralx deins meisme nostre Honour Franchise queux refusont de faire lour services Ministralcie as eux appurtenants a faire de ancient temps a Tuttebury suisdit annuelment les jours del Assumption de nostre dame Donants grantants au dit Roy des Ministralx pur le temps estant plâ—in poier mandement de les fair resonablement justifier constrener de fair lour services Ministralcies en maner come appeint come illonques ad este use de ancient temps accustome En testimoigniance de quel chose nous avons fait faire cestes nos letres patents don souz nostre privie Seal a nostre Castel de Tuttebury le xxii jour de August le an de regne nostre tresdulces le Roy Richard Second quart Confirmed by Hen. 6. 22. Febr. 21 Regni Item est ibidem quaedam Consuetudo quod Histriones venientes ad matutinds in festo Assumptionis Beatae Mariae habebunt unum Taurum de Priore de Tuttebury si ipsum capere possunt citra aquam done propinquiorem Tuttebury vel Prior dabit eis xl d. pro qua quidem Consuetudine dabuntur Domino ad dictum Festum annuatim xx d. Mon. Angl. 1 Par. fo 355. b. See Minstrels Kings-Bench Bancus Regius from the Sax. Banca a Bench or Form Is the Court or Judgment Seat where the King of England was sometimes wont to sit in his own person and was therefore moveable with the Court or Kings houshold and called Curia Domini Regis or Aula Regis wherein and in the Exchequer which were the only Courts of the King till Henry the Thirds dayes were handled all matters of Justice as well civil as criminal This Court was wont in ancient times to be especially exercised in all criminal matters and Pleas of the Crown leaving private Contracts and Civil actions to the Common-Pleas and other Courts Glanvil lib. 1. ca. 2 3 c. Smith de Repub. Angl. lib. 2. ca. 11. See Cokes 4 Inst fo 70. Kings silver Is that Money which is due to the King in the Court of Common-pleas pro licentia concordandi in respect of a Licence there granted to any man for levying a Fine Coke Vol. 6. fol 39. a 43. b. Kings Swanheard Magister deductus Cignorum Pat. 16 R. 2. pars 1. m. 38. Radulphum Scot Custodem Cignorem nostrorum five per alium quemcunque qui pro tempore Custos cignorum nostrorum praedictorum fuerit No Fowl can be a stray but a Swan 4 Inst fo 280. Kintal Span. Quintal Is a kind of weight most commonly of one hundred pounds or something under or over according to the divers uses of sundry Nations Plowden fol. 3. in the Case of Renynger and Fogassa mentions 2000 Kintals of Woad Kirkâ—ys-Quest Is an ancient Record remaining with the Remembrancer