Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant and endowed it with such Royal Right as the County Palatine of Chester had And for as much as it was afterward extinct in the Person of King Henry the Fourth by reason of the Union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. fol. 202. Duplicat Is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a Case wherein he had formerly done the same and was therefore thought void Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
Licence granted at the Custom-house to Merchants or others to carry over such Stores or Provision as are necessary for their Voyage Custom-free Bill of Sufferance Is a Licence granted at the Custom-house to a Merchant to suffer him to trade from one English Port to another without paying Custom Anno 14 Car. 2. cap. 11. Billa vera Lat. The Bill is true The Grand Enquest Empanelled and sworn before the Justices of Eyre c. Endorsing a Bill whereby any crime punishable in that Court is presented to them with these two words signifie thereby that the presentor hath furnished his presentment with probable Evidence and worthy further consideration Whereupon the party presented is said to stand indicted of the Crime and tied to make answer to it either by confessing or traversing the Indictment And if the Crime touch his Life it is yet referred to another Enquest called the Enquest of Life and Death by whom if he be found guilty then he stands convict of the Crime and is by the Judge to be condemned to Death See Ignoramus and Indictment Billets of Gold Fr. Billot Wedges or Ingots of Gold mentioned 27 Edw. 3. Stat. 2. cap. 14. Bissextile Bissextilis Leap-year so called because the sixth Calends of March are in that year twice reckoned viz. On the 24 25 of February So that Leap-year hath one day more than other years and is observed every fourth year being first devised by Julius Caesar to accommodate the year with the course of the Sun And to prevent all doubt and ambiguity that might arise hereupon it is provided by the Statute de Anno Bissextili 21 Hen. 3. That the day increasing in the Leap-year and the day next before shall be accounted for one day c. Britton fol. 209. and Dyer 17 Eliz. 345. Birlaw See Bilaw and Byrlaw Black maile Fr. Maille i A Link of Mail or a small piece of Metal or Money Signifies in the Counties of Cumberland Northumberland and Westmerland a certain rate of Money Corn Cattle or other consideration paid to some inhabiting upon or near the borders being persons of name and power allied with certain Moss-Troopers or known Robbers within the said Counties to be thereby by them freed and protected from the danger of those Spoil-takers Anno 43 Eliz. cap. 13. See Mail. Black Rod or Gentleman-Usher of the Black Rod is cheif Gentleman Usher to the King He is called in the Black Book fol. 255 Lator virgae nigrae and Hostiarius and elswhere Virgi-bajulus His duty is Ad port andam Virgam coram Domino Rege ad Festum Sancti Georgii infra Castrum de Windesore He hath also the keeping of the Chapter-house Door when a Chapter of the Order of the Garter is sitting and in the time of Parliament attends on the House of Peers He hath a like habit with the Register of the Order and Garter King of Arms which he wears at the Feast of S George and all Chapters He bears a Black Rod on the top whereof sits a Lion Gold which Rod is instead of a Mace and hath the same power and authority His Fee is now 30 l. per annum This Officer hath been anciently constituted by Letters Patent under the Great Seal Blade Bladum Fr. Bled Nostro foro de segete tantum intelligitur praesertim etiam in herba Spel. But the Saxon Blaed signifies more generally Fruit Corn Hemp Flax Herbs c. or the Branches or Leaves of Trees or Herbs Universis Wil. de Mohun salutem Sciatis me relaxasse quietum clamasse Domino Reginaldo de Mohan fratri meo totum Manerium meum de Torr Salvo mihi instauro meo blado c. sine dat i. e. Excepting my Stock and Corn on the Ground Hence Bladier is taken for an Ingrosser of Corn or Grain Sciant quod ego Willielmus Alreton consensu voluntate Beatriciae Uxoris meae Dedi Agathae Gille pro duabus Marcis Argenti una mensura bladi duas solidatas reditus in villa Leominstr illas scil quas Walterus de Luda solebat mihi reddere pro quadam terra quae est inter soldas Adae Talcurteis Feodum Johannis Rading Habend c. sinc dat Ex libro Cartar Priorat Leominstriae Blancks Fr. Blanc i. candidus A kinde of Money coyned by King Henry the Fifth in the parts of France which were then subject to England the value whereof was 8 d. Stows Annals pag. 586. These were forbidden to be current in this Realm 2 Hen. 6. cap. 9. The reason why they were called Blanks was because at the time these were coyned in France there was also a piece of Gold coyned called a Salus from which this of Silver was in name distinguished by the colour Blanck-Bar Is the same with that we call a Common Bar and is the name of a Plea in Bar which in an Action of Trespass is put in to compel the Plaintiff to assign the certain place where the Trespass was committed It is most used by the practisers in the Common Bench for in the Kings Bench the place is commonly ascertained in the Declaration Croke 2 Part. fol. 594. Blench To hold Land in Blench is by payment of a Penny Rose Pair of Gilt Spurs or such like thing if it be demanded In name of Blench i. Nomine albae firmae See Alba firma Blockwood See Logwood Blomary Anno 27 Eliz. cap. 19. The first Forge man Iron Mill through which the Iron passeth before it comes to the Finary Bloated Fish or Herring Anno 18 Car. 2. cap. 2. Are those which are half-dried Bloudy-hand See Backberend Bloudwit or Blodwite compounded of two Saxon words Blod i. sanguis and wita mulcta Is a word used in ancient Charters of Liberties and signifies an Amercement for shedding Blood so that whosoever had it given him in his Charter had the penalty due for Blood-shed Skene writes it Bloudveit and says veit in English is injuria and that Bloudveit is an Amerciament or unlaw as the Scotch call it for wrong or injury as Bloodshed is For he that hath Bloodveit granted him hath free liberty to take all Amerciaments of Courts for Effusion of Blood Fleta says Quod significat quietantiam misericordiae pro effusione sanguinis Lib. 1. cap. 47. Blodwite i. Si aliqui pugnantes ad invicem in Rudnam extraxerint sanguinem Prior habebit inde amerciamenta in Curia sua Ex Reg. Priorat de Cokesford Blubber Anno 12 Car. 2. cap. 18. A kinde of Whale-Oyl so called before it is throughly boiled and brought to perfection Boc-hord Sax. A place where Books Evidences Writings or other like Monuments are kept as the Rolls quasi Librorum horreum Bocland Sax. Terra haereditaria vel testimentalis quasi Book-land A Possession an Inheritance a Territory Farm or House with Land belonging to it held by Evidence in Writing Bocland verò ea possidendi transferendique lege coercebatur ut nec dari licuit nec vendi sed haeredibus
with Camden and sets down the victories whence this Order was occasion'd whatsoever cause of beginning it had the Order is inferior to none in the World in Honor or Antiquity consisting of 26 Martial and Heroical Nobles whereof the King of England is the Chief and the rest are either Nobles of the Realm or Princes of other Countries friends and confederates with this Nation the Honour being such as Emperours and Kings of other Nations have desired and thankfully accepted it being long before the order of St. Michael in France the Golden Fleece in Burgundy or the Anunciada in Savoy The Ceremonies of the Chapter proceeding to Election the Investitures and Robes the Installation Vow with such other observations see in Segars Honor militar civil lib. 2. ca. 9. fol. 65. See Knights of the Garter and Seldens Titles of Honour fol. 792. Garter also signifies the Principal king at Armes among our English Heralds attending upon the Knights thereof created by King Henry the Fifth and mentioned in the Statute 14 Car. 2. ca. 33. See Herald Garth In the North of England signifies a Back-side or a little Close or Homestead also a Dam or Wear in a River where Fish are caught called a Fish-garth It seems to be an ancient British word For Gardd in that language signifies a Garden the dd being liquefy'd in the pronunciation like th Garthman Anno 17 Rich. 2. ca. 9. It is ordained that no Fisher nor Garthman shall use any Nets or Engins to destroy the fry of fish c. Whereby it seems to signifie one that keeps or owns an open Wear where Fish are caught It may haply be derived from the Scottish word Gart which signifies forced or compelled because the Fish are forced by the Wear to pass in at a loop where they are caught Gavel Sax. gafel Tribute Toll Custom yearly Rent Payment or Revenue Of which we had of old several kinds paid by Tenants to their Landlords As Gavel-Corn Gavel-malt Oate-gavel Gavel-fodder As you may read in Mr. Fabian Philip's Book Entituled Mistaken Recompence pa. 39 40. Gavelet Is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkind continues whereby the Tenant shall forfeit his Lands and Tenements to the Lord if he withdraw from him his due Rents and Services after this manner The Lord must seek by the award of his Court from three weeks to three weeks to fin I some distress upon the Tenement until the fourth Court alwayes with Witnesses and if in that time he can find none then at the fourth Court let it be awarded that he take the Tenement into his hand in name of a Distress and keep it a Year and a day without Manuring within which time if the Tenant pay his Arrears and make reasonable amends for the withholding let him have and enjoy his Tenement as before and if he come not before the year and day be past let the Lord go to the next County-Court with his Witness of what past at his own Court and pronounce there this Process to have further Witnesses and then by the award of his own Court he shall enter and Manure the Tenement as his own And if the Tenant will afterwards re-have it and hold it as he did before let him make agreement with the Lord according to this old saying Neghesith selde neghesith geld v l. for his Were er he become healder i. Has he not since any thing given nor any thing paid Then let him pay 5 l. for his Were ere he become healder again Other Copies have the first part thus written and expounded Nigondsith yeld nigonsith geld Let him 9 times pay and 9 times re-pay Of this see 10 Hen. 3. Fitz. tit Cessavit 60 and the Stat. of Gavelet 10 Edw. 2. which gives this Law to Lords of Rents in London And see Westm 2. ca. 21. which gives Cessavit Gavelkind from the Sax gafel i. Census tributum and cynd Natura Genus But Doctor Powel in his Additaments to the Cambrian History and from him Taylor in his History of Gavelkind fol. 26. would have it derived from the British word Gavel importing a Hold or Tenure however it signifies a Tenure or Custom whereby the Lands of the Father are equally divided at his death among all his Sons or the Land of the Brother among all the Brethren if he have no Issue of his own Teutonicis priscis patrios succedit in agros Mascula stirps omnis ne foret ulla potens This Custom is still of force in Kent Urchenfeild in Herefordshire and elsewhere though with some difference But by the Stat. 34 35 Hen. 8. ca. 26. All Gavelkind Lands in Wales are made descendable to the Heir according to the course of the Common-Law Camden in his Brit. says thus Cantiani ea lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque inprimis quam Gavelkind nominat Haec a terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint Adding further Hanc haereditatem cum quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Et filii parentibus furti damnatis in id genus fundi succedunt c. It appears by 18 Hen. 6. ca. 1. That in those dayes there were not above 30 or 40 persons in all Kent that held by any other Tenure which was afterwards altered upon the petition of divers Kentish Gentlemen in much of the Land of that County by Stat. 31 Hen. 8. ca. 3. See Lamberts Perambulation of Kent and Sumners learned Discourse on this Subject Dedi totam terram quam vendidit mihi Michael de Turnham sicut suum liberum Gavilikinde Stoikikinde ad fundandum ibi Domum Religionis c. Mon. Angl. 2 Par. fol. 640. a. Gavelsester Sax. Sextarius vectigalis Cervisiae scilicet sextarius Manerii vel praedii Domino ab usufructuariis cervisiam coquentibus census vel vectigalis nomine pendendus A certain Measure of Rent-Ale Among the Articles to be charged on the Stewards and Bailiffs of the Church of Canterburies Mannors in Kent according to which they were to be accountable this of old was one De Gavel-sester cujuslibet bracini braciati infra libertatem Maneriorum viz. unam lagenam dimidiam Cervisiae It elsewhere occurs under the name of Tol-sester thus De Tolsester Cervisiae hoc est de quolibet bracino per unum annum lagenam de Cervisia And is undoubtedly the same in lieu whereof the Abbot of Abington was wont of Custom to receive that Peny mentioned by Selden in his learned Dissertation annexed to Fleta ca. 8. num 3. and there by some mistake haply of the Printer written Colcester-peny for Tol-sester-penny Nor differs it I think from what in the Glossary at the end of Hen. 1. Laws is called Oale-gavel
used for that Duty and Allegiance which every good Subject owes to his Liege-Lord the King Soveraigne Lord I Henry Percy become your Subgette and Leige Man and promit to God and you that hereafter I Faith and Trouth shall hear to you as to my Sovereign Leige Lord and to your Heirs Kings of England of life and limme and of earthly worshippe for to live and die ayeinst all erthly People and to You and to Your Commandements I shall be obeysant as God me help and his Holy Evangelists 27 Oct. 9 Ed. 4. Claus 9 Ed. 4. m. 13. in dorso See Lieges Ligeance Ligeantia a Ligando Is a true and faithful obedience of the Subject to his Soveraign Sometimes it signifies the Dominion or Territory of the Liege Lord. As Anno 25 Ed. 〈◊〉 Stat. 2. Children born out of Ligeance of the King Also the same with Ligeancy See Coke on Litt. fo 129. a. and Calvins Case 7. Rep. Limitation of Assize Limitatio Assizae Is a certain time set down by Statute wherein a Man must allege himself or his Ancestor to have been seized of Lands sued for by a Writ of Assize See the Statâ— of Merton ca. 8. and Westm 1. ca. 38. So it is used in Old Nat. Br fo 77. in these words The Writ de Consuetudinibus servitiis lyeth where I or my Ancestors after the limitation of Assize were not seized of the Customs c. But before the limitation of Assize we were seized c. Linarium A place where Flax is sown a flax-plat Et messuagium quod est juxta cimiterium cum linario quod jacet juxta praedictum Messuagium Pat. 22 Hen. 4. Par. 1. m. 33. Littera As tres Carectatas Litterae three Cartloads of Straw or Litter Mon. Angl. 2 Par. fo 33 b. Libery from the Fr. Livre i. Insigne Gestamen Signifies a Hat Coat Cloak or Gown which a Noble or Gentleman gives to his servants or followers with cognizance or without and is mentioned in 1 Rich. 〈◊〉 ca. 7. and 3 Car. 1. ca. 4. and divers other Statutes See Reteiner Also before the Stat. of 12 Car. 2. ca. 24. it did signifie a delivery of possession to those Tenants which held of the King in Capite or Knights-service for the King by his Prerogative had primier seisin or the first possession of all Lands and Tenements so holden of him Stamf. Praerog ca. 3. fo 12. it was in the nature of a Restitution sayes Sir Edward Coke And the Writ which lay for the Heir to obtain the possession or seisin of his Lands at the Kings hands was called his Livery Fitz. Nat. Br. fo 155. but by the said Statute all Wardships Liveries c. are taken away and discharged Livery of seisin Deliberatio seisinae Is a delivery of possession of Lands Tenements or other corporeal thing for of things incorporeal no Livery of seisin may be to one that has right or a probability of right thereto For as Bracton sayes lib. 2. ca. 18. num 3. Traditio debet esse vestita non nuda It is a Ceremony used in conveyance of Lands or Tenements where an estate in Feesimple Feetayl or a Freehold passeth And it is a testimonial of the willing departure of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing acceptance by the other party of all that whereof the other hath devested himself The common manner of delivery of Seisin is thus If it be in the open Field where is no House nor building and if the estate pass by Deed one openly reads it or declares the effect of it and after that is fealed the Vendor takes it in his hands with a clod of Earth upon a twig or bough which he delivers to the Vendee in the name of Possession or Seisin according to the effect of the Deed But if there be a House or Building upon the Land then this is to be done at the door of it none being left at that time within the house and the Ring of the door delivered to the Vendee who enters alone shuts the door and presently opens it again If it be a House without Land or Ground the Livery is made and Possession taken by delivery of the Ring of the door and Deed onely And where it is without Deed either of Lands or Tenements there the party declares by word of Mouth before witnesses the estate he parts with and then delivers Seisin or Possession in manner asoresaid And so the Land or Tenement passeth as well as by Deed and that by force of the Livery of Seisin See West par 1. Symbol lib. 2. sect 196. and Coke on Littl. fol. 48. a. This was anciently a Pair of Gloves a Ring Knife Ear of Wheat c. was delivered in sign or token of Livery and Seisin Local Localis Tied or annexed to a place certain As the thing is local and annexed to the Freehold Kitchin fol. 180. An Action of Trespass for Battery c. is transitory not local that is not needful 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 or that the Action should be tried or laid in the same County where the Fact was done The gard of the person and of the Lands differs in this because the person being transitory the Lord might have his Ravishment de Gard before he was seised of him but not of the Land because it is local Perkins Grants 30. Locus Partitus Signifies a Division made between two Towns or Counties to make tryal in whether the Land or place in question lies Fleta lib. 4. cap. 15. num 1. Lode Ship A kinde of Fishing Vessel mentioned 31 Edw. 3. stat 3. cap. 2. Lodeworks One of the Works belonging to the Stannaries in Cornwal for which see Stremeworks Lodemerege Item en droit de Lodemerege dient les avantditz Jurez que leur sembli cest case ils ne scayvent meilleur advise ne remedy mays que ce soit desore user fait per maner quest conteyne en le Ley D'Oleron Pryns Animad on 4 Inst fol. 116. Logating An unlawful game mentioned 33 Hen 8. cap. 9. now disused Logwood Is a kinde of Wood which divers use otherwise called Block-wood brought from Compethe and other remâ—â—â— parts and was prohibited by Stat. 23 Eliz. ca. 9. and 39 ejusdem cap. 11. But since by Stat. 14 Car. 2. cap. 11. the importation and use of it is allowed Loich or Loych Fish 31 Edw. 3. stat 3. cap. 2. And that no Fish called Loych Fish be chosen or tried but onely in thrée parts that is to say Lob Ling and
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
Coronatoris Inquirendum est per 12 Juratos pro Rege super Sacramentum suum quod fideliter presentabunt sine ullo concelamento omnes fortunas â—i fortuito occisos abjurationes Appella Murdra Sacrobarra felonias factas per quos quot c. Quaere If Sacrobarra be not the same with Sacrilegia Safe Conduct Salvus Conductus Is a security given by the Prince under the Broad Seal to a stranger for his quiet coming in and passing our of the Realm Touching which you may see the Statutes Anno 15 Hen. 6. cap. 3. 18 Ejusdem cap. 8. 28 Hen. 8. cap. 1. and the Form of it in Reg. of Writs fol. 25. Safe-guard See Salva-guardia Safe-pledge Salvus Plegius Is a Surety given for a Mans appearance against a day assigned Bracton lib. 4. cap. 2. num 2. Where it is also called Certus Plegius Sagibaro alias Sachbaro The same we now call Justiciarius It signifies as much as Vir causarum vel causis litibus praepositus LL. Inae Regis Anglo-Saxonis cap 6. MS. Sagitta Barbata A Bearded Arrow Reddendo inde annuatim pro omni servitio sex Sagittas Barbatas ad Festum Sancti Michaelis c. Carta Hugonis de Logiis sine Dat. Sailing Ware Anno 1 Rich. 3. cap. 8. Seems to be Canvas or such kinde of Cloath as Sails for Ships are made of Saka Hoc est Quod Prior habet emendas amerciamenta de transgressionibus hominum suorum in Curia sua litigantium tam liberorum quam Villanorum Reg. Priorat de Cokestord See Sax. Salary Salarium Is a recompence or consideration made to a Man for his pains or industry bestowed on another Mans business The word is used Anno 23 Edw. 3. cap. 1. Salet Is a Head-peece Anno 4 5 Phil. Mar. From the Fr. Salut i. Salus Mentioned also 20 Rich. 2. cap. 1. viz. Sallet or Scul of Iron c. Otherwise called a Moriam or Pot. Salarium Lat. Custom paid for Salt Camden Salina A Salt-pit or Vate a House or place where Salt is made In Herbagiis Piscariis in Salinis Fabricis in minariis ferreis c. Carta 17 Edw. 2. num 28. Salique Law Lex Salica De terra Salica nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terrae hereditas perveniat c. Was an ancient Law made by Pharamund King of the Franks Part of which appears to have been borrowed by our Henry the First in compiling his Laws as Cap. 89. Qui hoc fecerit secundum Legem Salicam moriatur c. Salmon Pipe Anno 25 Hen. 8. cap. 7. Is an Engin to catch Salmons or such like Fish Salmon Sewse Seems to be the young Fry of Salmon Quasi Salmon issue Anno 13 Rich. 3. stat 1. cap. 19. Saltatorium A Deer-leap Clamat habere liberum Parcum suum apud Halton cum duobus Saltatoriis in eodem Pl. apud Cestriam 31 Edw. 3. Saltus Highwood See Boscus Salva Guardia Is a Protection given by the King to a stranger fearing the violence of some of His Subjects for seeking His Right by course of Law the form whereof see in Reg. of Writs fol. 26. Salvage Money Is a recompence allowed by the Civil Law in lieu of all damages sustained by that Ship that rescues or saves another which was set upon by Pyrates or Enemies Salute Salus Was a Coin made by our King Henry the Fifth in France after his Conquests there whereon the Arms of France and England were quarterly stamped Bakers Chron. fol. 187. Sanctuary Sanctuarium Is a place priviledged by the Prince for the Safe-guard of Offenders lives being founded on the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such Priviledge See Stamf. Pl. Cor. lib. 2. cap. 38. P. Bonifacius 5. jussit Aras Ecclesias esse asyla reis says Platina Among all other Nations our ancient Kings of England seem to have attributed most to these Sanctuaries permitting them to shelter such as had committed both Felonies and Treasons So that within forty days they acknowledged their fault and submitted themselves to banishment During which time if any Layman expelled them he was excommunicated if any Clerk he was made irregular But after forty days no Man might relieve them See New Book of Entries verbo Sanctuary and Fleta lib. 1. cap. 29. How by degrees they have been taken away See the Statutes 26 Hen. 8. cap. 13. and 28 Ejusdem cap. 7. 32 Ejusdem cap. 12. and 33 Ejusdem cap. 15. 1 Edw. 6. ca. 12 2 Ejusdem ca. 2. 33. and 5 Ejusdem cap. 10. See Abjuration Saint Johns of Beverley in Yorkshire had an eminent Sanctuary belonging to it which the Saxons called Fridstol q. Sedes Pacis So had St. Martins le Grand in London 21 Hen. 8. cap. 16. And Rippon had the like for which see Frodmortel Sand-gavel Is a payment due to the Lord of the Mannor of Rodely in Com. Gloc. for Liberty granted to the Tenants to dig Sand for their uses Taylors Hist of Gavelkind fol. 113. Sarplar of Wool Sarplera Lanae otherwise called a Pocket Is half a Sack a Sack eighty Tod a Tod two Stone and a Stone fourteen Pound See Fleta lib. 2. cap. 12. This in Scotland is called Serpliathe and contains eighty Stone See Skene verbo Serpliathe and 3 Part Inst fo 96. Sasse Annis 16 17 Car. 2. ca. 12. is a kind of Wear with Floudgates most commonly in Navigable and Cut Rivers for the damming and loosing the stream of Water as occasion requires for the better passing of Botes and Barges to and fro This in the West of Englad is called a Luck and in the River Lee less properly a Turnpike and in some places a Sluce Saterdays-stop Is a space of time in which of old it was not lawful to take Salmons in Scotland and the North of England that is from Evensong on Saturday till Sun-rising on Munday MS. Sauer default i. To excuse a defalt which is properly when a man having made defalt in Court comes afterwards and alleadges good cause why he did it as Imprisonment at the same time or the like New Book of Entries on this word Saunkefin from the Fr. Sang i. Sanguis Fin. Finis Is a word used by Britton ca. 119. for the determination or final end of the lineal Race or descent of a Kindred Saxonlage or Seaxenlage Seaxenlaga lex Saxonum See Merchenlage Scandalum Magnatum Is the special name of a Scandal or wrong done to any high Personage of the Realm as Prelates Dukes Earles Barons or other Nobles as also the Lord Chancellour Treasurer Steward of the House Clerk of the Privy-Seal Justice of either Bench or other great Officers by false newes or Messages whereby Debates and Discords betwixt them and the Commons or any scandal to their persons may arise Anno 2 Rich. 2. ca. 5.
ÎΟΜΟ-ΛΕΞΙΚΟΠA Law-Dictionary Interpreting such difficult and obscure WORDS and TERMS As are found either in Our Common or Statute Ancient or Modern LAWES WITH REFERENCES to the several Statutes Records Registers Law-Books Charters Ancient Deeds and Manuscripts wherein the Words are used And Etymologies where they properly occur Coke on Littl. fol. 68. b. Ad rectè docendum oportet primùm inquirere Nomina quia rerum cognitio à nominibus rerum dependet By THOMAS BLOVNT of the Inner Temple Esq In the SAVOY Printed by Tho. Newcomb for John Martin and Henry Herringman at the Sign of the Bell in S. Pauls Churchyard and a little without Temple-Bar and in the New Exchange 1670. To the Right Honorable Sir Orlando Bridgeman Knight and Baronet Lord Keeper of the Great Seal of England Sir John Kelynge Knight Lord Cheif Justice of His Majesties Court of Kings Bench and Sir John Vaughan Knight Lord Cheif Justice of His Majesties Court of Common Pleaâ— MY LORDS AS it is certainly my bounden duty to offer and submit these my timorous and bashful endeavors to your great Judgments so it is my Interest to implore the benignity of your auspicious Patronage of them For the publishing these Papers I had onely two Motives The first and principal to erect a small Monument of that vast respect and deference which I have for your Lordships who are not onely the Oracles of our Law and Grand Exemplars of Justice but the glory and ornament of that Honorable Society whereof however unworthy I boast my self a Member and which at present justly claims the preheminence above the rest by producing more persons dignified with the Judiciary scarlet Robe then the other Three and filling up by due merit the most eminent Seats of Judicature in the Nation The other to gratifie an ambitious inclination of my own of leaving behinde me somewhat how inconsiderable soever that may in some measure excuse me to posterity from having been a truantly and useless Member of that Learned and Active Body If your Honors shall allow me to have fulfil'd my duty in the one and obtained my design in the other I have the desired effect of my Labors Nor hath my greatest ambition any thing higher to aym at then that I may with your Lordships permission subscribe my self My Lords Your most humble and obedient Servant THO. BLOUNT Inner Temple 20 June 1670. Preface SOme will perhaps wonder why I took so much pains to write this Book and object that we have two good Ones of this kind extant Cowels Interpreter and Terms of the Law nay haply thrust in Leighs Phylological Commentary as a third I answer though it is not my design to raise the reputation of this Work by disvaluing Those yet it may be allowable modestly to declare their Defects that my undertaking this may not appear unnecessary Doctor Cowel was certainly a Learned Man and his Enterprise very commendable but his Profession the Civil Law and that he did not singly intend his Interpreter for us appears by his often expressing what each word signifies in the Common Law to distinguish it from the Civil in which learning he bestowes a considerable part of his Book He ingenuously says His design is the advancement of knowledge and to incite others to finish his model and supply his defects which in truth are not a few For he directly mistakes the meaning of some Words and derivation of others as Ordel Mindbruch Brodehalpeny Furlong Avishering Thirdwith-hawanman c. He confounds Realty with Royalty and Commote with Comorth which are distinct words In the word Honor he sayes that in reading he has observ'd thus many Honors in England and sets down 25 wherein either his Reading was short or his observations defective for I have collected above twice that number out of approved Authors and Records in being when he wrote He is sometimes too prolix in the derivation of a Word setting down several Authors Opinions without categorically determining which is the true as in Exchequer Withernam Herald Earle Justices of Trailbaston Pawnage Purlieu c. And lastly gives us divers bare Words without explication as Cone Key Calendring Coggs Duch Lancegay Palingman Bread of treet c. which I have supply'd Not but that I have lest some quaere's too but those in Words of greater difficulty The Author of the Law-Terms was without doubt not less learned but wrote so long since that his very Language and manner of expression was almost antiquated till help'd by the late correction of it He has added to divers Words several Cases in Law relating thereto in general not tending much to their explication which I have declin'd lest the bulk should swell too big and the principal Design be wav'd He omits the Etymons for the most part and is much more copious in the first part of the Alphabet then in the later which argues the Author had not time or perseverance to finish it They are both much wanting in the number of Words especially the later For Cowel glean'd many after the Author of the Law-Terms had inn'd his Harvest yet both have much useless and repealed Law in them as in reference to Tenures by Knights-service and their Appendiâ—â—s Wardship Villenage Purveyance Star-chamber Knighthood c. For thus sayes the learned Author of the Preface to Roll's Abridgment As time and experience and use and some Acts of Parliament have abridg'd some and antiquided other Titles so they have substituted and enlarged others Cowel also especially in the Folio Edition besides the misalphabeting is extreamly misprinted yet the Terms of the Law will still deservedly retain an usefulness pro tanto and particularly for the Law-French to instruct the young Student therein Leigh affords not the least Objection against my Undertaking for he is a Commentator not an Expositor his Title speaks it though sometimes he acts a little in both capacities Having found these among other as I judg'd important defects in those Authors consider'd the usefulness of Books of this Nature and reflected on these Expressions of the Oracle of our Law Here as in many other places it appears how necessary it is to know the signification of Words And again That the explanation of ancient Words and the true sence of them is requisite to be understood per verba notiora I was encourag'd to bestow my endeavour herein And it will abate the wonder that I who inter doctos me non effero should yet not onely assume the liberty in many places to correct those learned Authors but also make an additional collection of above a thousand Words if it be consider'd That they wanted those Helps I have had viz. That incomparable Glossarium Arohaiologicum of Sir Henry Spelman The elaborate Institutes of Sir Edward Coke That excellent Dictionarium Saxonico-Latino-Anglicum of Mr. Somner The Learned Works of Mr. William Dugdale Mr. Fabian Philips and others publish'd since those Authors wrote My Genius has also led me though sometimes