Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ„ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌ„t of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ„ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to â—doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌ„modities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌ„t of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
Bartolus in his Tractate De insigniis armis vseth these very wordes prioritas and posterioritas concerning two that beare one coate armor Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno I. H. 8. cap. 5. is a word almost out of vse now called Butlerage it is a custome wherby the prince chalengeth out of euery barke loaden with wine containing lesse then forty tunne two tunne of wine at his price Prise prisa commeth of the French prendre i. capere it signifieth in our Statutes the things taken by pourveyours of the Kings subiects As anno 3. Ed. 1. cap. 7. anno 28. eiusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25. eiusdem cap. 5. Regist origin fol. 117. b. Prisoner priso commeth of the French prisonnier and signifieth a man restrained of his libertie vpon any action ciuill or criminall or vpon commaundement And a man may be prisoner vpon matter of Record or mater of fact prisonervpon mater of Record is he which being present in court is by the court committed to prison only vpon an arrest be it of the Shyrecue Censtable or other Stawnf pl. cor lib. prim cap. 32. fol. 34. 35. Prinie commeth of the French priuè i. familiaris and significth in our common lawe him that is partaker or hath an interest in any action or thing as priuies of bloud old nat br fol. 117. be those that be linked in consanguinitie Eucry heire in tayle is priuy to recouer the land intayled eodem fol. 137. No priuitie was betweene me and the tenent Litleton fol. 106. If I deliuer goods to a man to be caried to such a place and he after he hath brought them thither doth steale them it is felenie because the priuitie of deliuerie is determined as soone as they are brought thither Stawn pl. cor lib. prim cap. 15. fol. 25. Merchants priuie be opposite to merchant straungers anno 2. Ed. tertii cap. 9. cap. 14. ann eiusdem stat 2. cap. 3. The newe Expositour of lawe termes maketh diuers sorts of priuics as priuies in estate priuies in deed priuics in lawe priuies in right and priuies in bloud And see the examples he giueth of euery of them See Perkins Conditions 831. 832. 833. and Sir Edward Cooke lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh foure kindes of priuies viz. priuies in bloud as the heire to his fathes c. priuies in representation as executours or administratours to the deceased priuies in estate as he in the reuersion and he in the remainder when land is giueÌ„ to one for life and to another in see the rcason is giuen by the Expositour of lawe termes for that their estates are created both at one time The fourth sort of priuies are priuies in tenure as the Lord by escheate that is when the land escheateth to the Lord for want of heires c. Priuie seale priuatum sigillum is a scale that the King vseth some time for a warrant whereby things passed the priuy signet and brought to it are sent farder to be confirmed by the great seale of England sometime for the strength or credit of other things written vpon occasions more transitory and of lesse continuance then those be that passe the great seale Priuiledge priuilegium is defined by Cicero in his oration pro domo sua to be lex priuata homini â—â—ogata Frerotus in paratitlis ad titulum decretalium de priuilegiis thus defineth it priuilegium est ius singulare hoc est priuata lex quae vni homini vel loco vel Collegio similibus aliis concedit ur cap. priuilegia distinct 3. priua enim veteres dixere que nos singula dicimus Insit Agellius lib. 10. ca. 20. Ideoque priuilegia modò beneficia modò personales constitutiones dicuntur c. It is vsed so likewise in our common law and sometime for the place that hath any speciall immunity Kitchin fol. 118. in the words where depters make sained gifts and feofements of their land and goods to their freinds and others and betake themselues to priuiledges c. Priuiledge is either personall or reall a personall priuiledge is that which is graunted to any person either against or beside the course of the common law as for example a person called to be one of the Parlament may not be arrcsted either himselfe or any of his attendance during the time of the Parlament A priuiledge reall is that which is graunted to a place as to the Vniuersities that none of either may be called to Westm hall vpon any contract made within their owne precincts And one toward the court of Chauncery cannot originally be called to any court but to the Chauncery certaine cases excepted If he be he will remoue it by a writ of Priuiledge grounded vpon the statute anno 18. Ed. 3. See the new booke of Entries verbo Priuilege Probat of testaments probatio testamentorum is the producting and insinuating of dead mens wils before the ecclesiasticall Iudge Ordinary of the place where the party dyeth And the ordinary in this case is knowne by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Archdeacon according as their composition or prescription is hath the probate of the Testament if the goods be dispersed in diuers Dioces so that there be any summe of note as fiue pounds ordinarily out of the Dioces where the party let his life then is the Archbishop of Canterbury the ordinary in this case by his prerogatiue For whereas in ould time the will was to be proued in cuery Dioces wherein the party diceased had any goods it was thought conuenient both to the subiect and to the Archiepiscopall See to make one proofe for all before him who was and is of all the generall Ordinary of his prouince But there may be aunciently some composition betweene the Archebishop and an inferiour ordinary whereby the summe that maketh the prerogatiue is abouc fiue pound See praerogatiue of the Archbishop This probate is made in two sorts either in common forme or pertestes The proofe in common forme is onely by the oath of the exceutour or party exhibiting the will who sweareth vpon his credulity that the will by him exhibited is the last will and testament of the party deceised The proofe per testes is when ouer and beside his oath he also produceth witnesses or maketh other proofe to confirme the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they haue beene lawfully summoned to see such a will proued
THE INTERPRETER OR BOOKE CONTAINING the Signification of Words Wherein is set foorth the true meaning of all or the most part of such Words and Termes as are mentioned in the Lawe VVriters or Statutes of this victorious and renowned Kingdome requiring any Exposition or Interpretation A Worke not onely profitable but necessary for such as desire throughly to be instructed in the knowledge of our Lawes Statutes or other Antiquities Collected by IOHN COWELL Doctor and the Kings Maiesties Professour of the Ciuill Law in the Vniuersitie of Cambridge In Legum obscuritate captio HINC LVCEM ET POCVLA SACRA ALMA MATER CANTABRIGA AT CAMBRIDGE Printed by IOHN LEGATE Anno 1607. Collegium Iesu Cantabrigiense 1700 To the most reuerend Father in God his especiall good Lord the Lord Archbishop of Canterburie Primate and Metropolitan of all England and one of his Malesties most Honourable Priuy Councell AFTER long deliberation I hardly induced my selfe to craue your gracious protection toward this simple worke valewing it at so lowe a price as I thinke it hardly woorth the respect of any graue man much lesse the fauourable aspect of so honorable a personage Yet the remembrance of those your fatherly prouocations whereby at my comming to your Grace from the Vniuersitie you first put me vpon these studies at the last by a kind of necessitie inforced me to this attempt because I could not see how well to auoide it but by aduenturing the hatefull note of vnthankfulnesse For I cannot without dissimulation but confesse my selfe perswaded that this poore Pamphlet may proue profitable to the young Students of both Lawes to whose aduancement that way I haue of late addicted mine indeuours else were I more then madde to offer it to the world and to offer it without mention of him that by occasioning of this good more or lesse deserueth the prime thankes were to proue my selfe vnworthie of so graue advice And therefore howsoeuer I accompt this too much boldnesse in respect of the subiect yet could I be exceedingly glad it might please your Grace to ascribe mine intention to the integrity of my duty For he that meaneth truly wel cannot perform much must needes reioyce at the good acceptance of that litle which he â—erformeth All I craue for 〈◊〉 at your Graces hands is patience and pardon for this enterprise with the continuance of those your many fauours that hitherto to inygreat comfort I haue enioyed And so my long obseruation of your iudicious disposition hauing caught me what small delight you take in affected complements and verball commendation without more words in all true humblenes I beseech the Almighty long to continue your Grace in health and prospetitie to his glorie and the good of his Church Your Graces at all Commaundment IO. COWELL To the Readers GENTLE Readers I heere offer my selfe to your censures vvith no other desire then by you to be admonished of my faults For though I doe professe the amplifying of their vvorkes that haue gone before me in this kinde and haue both gathered at home and brought from abroade some ornaments for the better embellishing of our English lavves yet am I neither so vaine as to denie mine imperfections nor so passionate as to be offended at your charitable reformation Nay my true ende is the advauncement of knovvledge and therefore haue I published this poore vvorke not onely to impart the good thereof to those young ones that vvant it but also to dravve from the learned the supply of my defects and so by degrees if not my selfe to finish this modell yet at the least by the heate of emulation to incense some skilfuller architect thereunto Yea I shall thinke my paines sufficiently recompensed if they may be found but vvorthy to stirre vp one learned man to amend mine errours The Ciuilians of other nations haue by their mutuall industries raised this 〈◊〉 of worke in their profession to an inexpected excellencie I haue seene many of them that haue bestowed very profitable and commendable paines therin and lastly one Caluinus a Doctor of Heidelberge like a laborious Bee hath gathered from all the former the best iuyce of their flowers and made vp a hiue full of delectable honie And by this example would I gladly incite the le arned in our common lawes and antiquities of England yet to lend their aduice to the gayning of some comfortable lights prospects toward the beautifying of this auncient palace that hitherto hath bene accoumpted howsoeuer substantiall yet but darke and melancholy Whosoeuer will charge these my trauiles with many 〈…〉 sights he shall neede no solemne paines to prooue them For I will easily confesse them And vpon my view taken of this booke sithence the impression I dare assure them that shall obserue most faults therein that I by gleaning after him will gather as many omitted by him as he shall shew committed by me But I learned long sithence out of famous Tullie that as no mans errours ought to be folowed because he sayeth some things well so that which a man saith well is not to be reiected because he hath some errours No man no booke is voide of imperfections And therefore reprehend who will in Gods name that is with svveetnes and vvithout reproche So shall he reape hartie thankes at my hands and by true imitation of the most iudicious that euer vvrote more soundly helpe on this pointe of learning to perfection in a fevve monethes then I by tossing and tumbling my bookes at home could possibly haue done in many yeares Experience hath taught me this in mine Institutes lately set forth by publishing vvhereof I haue gained the iudicious obseruations of diuers learned gentlemen vpon them vvhich by keeping them priuate I could neuer haue procured By vvhich meanes I hope one day to commend them to you againe in a more exact puritie and so leaue them to future times for such acceptance as it shall please God to giue them I haue in some tovvardnes a tract de regulis iuris vvherein my intent is by collating the cases of both lavves to shevve that they both be raised of one foundation and differ more in language and termes then in substance and therefore vvere they reduced to one methode as they easily might to be attained in a maner vvith all one paines But my time imparted to these studies being but stolne from mine emploiments of greater necessitie I cannot make the hast I desire or perhaps that the discourse may deserue VVherefore vntill my leisure may serue to performe that I intreate you louingly to accept this One thing I haue done in this booke vvhereof because it may seeme straunge to some I thinke to yeld my reason and that is the inserting not onely of vvords belonging to the art of the lavve but of any other also that I thought obscure of vvhat sort soeuer as Fish Cloth Spices Drugs Furres and such like For in this I follovv the example of our Ciuilians that
giuen to matrimonie Fourthly at 14. yeares she is enabled to receiue her land into her owne hands and shall be out of ward if she be of this age at the death of her ancestor Fiftly at sixteene yeares she shal be out of ward though at the death of her auncestor she was within the age of fourteen yeres The reason is because then she may take a husband able to performe Knights seruice Sixtly at 21. yeares she is able to alienate her lands and tenements Instit iure com cap. 24. Touching this mater take further these notes perspicuously gathered At the age of 14. yeares a striplin is enabled to chuse his owne guardian and to claime his land holden in socage Dyer fol. 162. which Bracton limiteth at fifteene yeares li. 2. cap. 37. num 2. with whom Glanvile also agreeth lib. 7. cap. 9. And at the age of fourteene yeares a man may consent to mariage as a woman at 12. Bracton vbi supra At the age of fifteene yeres a man ought to be sworne to keepe the kings peace anno 34. Edw. 1. Stat. 3. The age of 21. yeares compelleth a man to be knight that hath twentie pounds land per annum in fee or for tearme of life anno 1. Edw. 2. stat 1. and also enableth him to contract and to deale by himself in all lawfull causes appertaining vnto his estate Which vntill that time he cannot with the security of those that deale with him This the Lombords settle at 18. yeares as appeareth by Hotomans disputations in libros feudorum l. 2. c. 53. ver decimo octauo anno which power the Romans permitted not vsque ad plenam maturitatem and that they limited at 25. yeares lib. 1. in fine Î . de maior 25. an l. fin Co. de Legit tut in principio titulo de curat in Institut The age of twelue yeares bindeth to appearance before the Sheriffe and Coroner for enquirie after roberies an 52. H. 3. cap. 24. The age of 14. yeares enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minoritie hauing an actioÌ„ brought against him for lands coming to him by discent that the action may rest vntill he come to his full age which the Court in most cases ought to yeeld vnto This is otherwise in the ciuill lawe which inforceth children in their minoritie to answer by their tutors or curatours Î . de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gift 1. iacet hauing gasir in the Infinitiue moode whence commeth the nowne gisme a lying in child-bed or rather of gister i. stabulari a word proper to a Deare cùm sub mensem Maium è locis abditis in quibus delituit emigrans in loco delecto stabulari incipit vnde commoda propinqua sit pabulatio Budaeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or it may be probably deduced from the Saxon word Gast 1. hospes It signifieth in our common lawe to take in and feede the â—â—tell of straungers in the kings forest and to gather the money due for the same to the kings vse Charta da Foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem cap. 8. Cromptons iurisdic fol. 146. These are made by the kings leters patents vnder the great seale of England of whom the King hath foure in number within euery forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these foure points in agist ando recipiendo imbreviando certificando Manwood parte prima Of Forest lawes p. 336. 337. whome you may reade more at large Their function is tearmed Agistment as agistment vpon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or coÌ„cord of more to one thing this by the author of the newe tearmes of lawe is either executed or executory which you may read more at large in him exempified by cases Ayde auxilium is all one in signification with the French aide and differeth in nothing but the onely pronunacitioÌ„ if we take it as it is vsed in our vulgar language But in the common lawe it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from tenents to their Lords as toward the releife due to the Lord Paramount Glanvile li. 9. cap. 8. or for the making of his sonne knight or the marying of his daugnter idem eodem This the King or other Lord by the auncient lawe of England might lay vpon their tenents for the knighting of his eldest sonne at the age of 15. yeares or the mariage of his daughter at the age of seuen yeares Regist orig fol. 87. a. and that at what rate them selues listed But the Statute Westmin 1. anno 3. Edw. 1. ordained a restraint for to large a demand made by common persons being Lords in this case and tyed them to a certaine rate And the Statute made anno 25. Ed. 3. stat 5. cap. 11. prouideth that the rate set downe by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. ca. 10. This imposition seemeth to haue descended to vs from Normandie for in the grand custumarie cap. 35. you haue a Tractate intituled des aides chevelz 1. de auxilys capitalibus whereof the first is a faire l'aynè filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre an Duc. i. ad corpus dominisui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassanaeus de coÌ„suet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis descis 131. where he calleth it adiutorium pro maritanda filia Whence it appeareth that this custome is within the kingdome of Naples also Touching this likewise you may reade these words in Maenochius lib. 2. de arbitrat Iud. quast centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in carum ditionibus privilegia multasque cum locorum incolis connentiones inter quas illa vna solet nominari vt possit Dominus collectam illis indicere pro solutione dotium suarum filiarum cura matrimonio collocantur Hoc aliquando Romae observarum à Caligulafuisse in illius vita
into a booke after a survey made of them now remaining in the exchequer and called Domes day looke And those which by that booke doe appeare to haue belonged to the crowne at that time and at 〈◊〉 conteined vnder the title Terrae regis be called aunciēt demeasn Kitchin fo 98. and M. Gwin in the preface to his readings Of these tenents there were two sorts one that held their land frankely by charter and another that held by copy of court rolle or by verge at the will of the Lord according to the custome of the maner Fitzh nat br fo 14. d. of which opinion also Brittonis ca. 66. nu 8. The benefite of this tenure consisteth in these points first the tenents of a manner holding freely by charter in this sort cannot be impleaded out of the same maner and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for al things concerning their sustenāce husbādry Thirdly they may not be ēpaneled vpō any ēquest Terms of the law but more at large by Fitzh nat br fo 14. d. whome reade as also fo 128. a. c. And as it appeareth by him eodem fo 4. B. C. these tenents held by the service of plowing the kings land by plashing his hedges or by suche like toward the maintenance of the kings household in which regard they had such liberties giuen them wherin to avoide disturbance they may haue writs to such as take the duties of tolle in any market or feire as likewise for immunitye of portage passage such like Fitzh nat br f. 228. A. B. C. D. by which author it also appeareth that no lands be to be accompted auncient demeasn but such as are holden in socage fo 13. D. et 14. B. C. See Monstraverunt and Firtzh fo 14. and Dessendo quietum de telonio fo 226. Fleta maketh three tenures holding of the crowne auncient demeasn by escheate by purchase li. 1. ca. 20. See Demaine Auncient Demesn arere antiquum dominicum à retro is that aūcient demesn which the king graunteth ouer to hold of a maner Kitchin fo 67. b. Avowè advocatus see Advowè Britton saith that Avowè is he to whome the right of advowzen of any Church appertaineth so that he may present thereunto in his owne name and is called avowè for a difference from those that sometime present in another mans name as a gardiā that presenteth in the name of his warde and for a difference also from them which haue the lands whereunto an advowzen appertaineth but onely for tearme of their liues or of yeares or by intrusion or desseisin ca. 92. Avowrie See Advowrie Avoir de pois is in true French avoir du poix i. habere pondus aut iusti esse ponderis It signifieth in our common lawe two things first a kinde of weight divers from that which is called Troy weight conteining but 12. ounces to the pound where as this conteineth sixteene And in this respect it may be probably coniectured that it is so called because it is of more weight then the other Then also it signifieth such merchandize as are waied by this weight and not by Troy weight as in the statute of York anno 9. Ed. 3. in prooem anno 27. Ed. 3. Statuto 2 ca. 10. at anno 2 Rich. 2. cap. 1. See Weights Auxilium ad filium militem faciendum filiam maritandam is a writ directed to the Shyreeue of euery countie where the king or other lord hath any tenents to leuye of them reasonable ayde toward the knighting of his son and the mariage of his daughter See Ayde and Fitz. nat br fol. 82. B BAcheler Bachalaureus cōmeth of the French Bachalier i. tyro and thereupon I thinke those that be called Bachelers of the Companies in London be such of each company as be springing toward the estate of those that be imployed in Coūcel but as yet are inferiors For euery cōpany of the twelue consisteth of a Master two Wardens the Liuerie which are assistants in matter of Councell or at the least such as the Assistants be chosen out of and the Bachelers which are yet but in expectance of dignitie among them and haue their function onely in attendance vpon the Master and Wardens I haue read in an old monument this word Bacheler attributed to the Lord Admirall of England if he be vnder a Baron in French words to this effect and it is to weet that when the Admirall rideth to assemble a snippe of warre or other for the businesse and affaires of the Realme if he be a Bacheler he shall take for his day wages 4. 〈◊〉 sterling if he be an Earle or Baron he shall take wages after the rate of his estate and degree This word is vsed anno 13. R. 2. stat 2. cap. i. signifieth as much as Bacheler Knight doth anno 3. Ed. 4. cap. 5. that is a simple Knight not a Knight baneret See Banaret Touching the farder etymologie of this word Bachalarii teste Renano à bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur iam consecuti fuissent Vt fuerit velut quoddam mancipationis signum in huiusmodi aliquod studium baculi traditio Alciat writeth the word baccalaurei eosque dicit visos à bacca laurea nomen sumpsisse in l. cui praecipua 57. Π. de verbo significa Backberond is a Saxon word and almost English at this day signifying as much as bearing vpon the backe or about a man Bracton vseth it for a signe or circumstance of manifest theft which the Civilians call furtum manifestum For dividing furtum in manifestum non manifestum he defineth furtum manifestum in this sort Furtum verò manifestū est vbi latro deprehensus est seisitus de aliquo latrocinio sc hand habend backberend insecutus fuerit per aliquem cuius res illa fuerit li. 3 tract 2. cap. 32. Master Manwood in the second part of his forest lawes noteth it for one of the 4. circumstances or cases wherein a Forester may arrest the bodie of an offender against vert or venison in the Forest For by the assise of the Forest of Lancaster saith he taken with the maner is when one is found in the kings Forest in any of these foure degrees sc stable stand dogge drawe backe beare and bloudie hand In which place you may find all these interpreted Badger cōmeth of the French bagage i. sarcina impedimentū It signifieth with vs one that buyeth corne or victuals in one place and carieth it into another See Cromptons Iustice of peace fol. 69. 70. Baye or penne is a pond head made vp of a great heith to keep in a great quantitie or store of water so that the wheeles of the fornace or hammer belonging to an Iron mill may stand vnder them and be driuen by the
anno 4. Ed. 3. cap. 3. And bestiall is generally vsed for all kind of catell anno 1. Iacobi cap. 33. Bidding of the bedes was a charge or warning that the parish Priest gaue to his parishioners at certaine especiall times to say so many Pater nosters c. vpon their beades anno 27. H. 8. cap. 26. Bigamie bigamia signifieth a double mariage It is vsed in the common lawe for an impediment that hindreth a man to be a Clerke by reason that he hath bene twice maried For vpon those words of S. Paule to Timothie the first cap. 3. vers 2. Opertet ergo Episcopum irreprehensibilem esse vnius vxoris virum the Canonists haue founded their doctrine that he that hath bene twice maried may not be a Clerke And also him that hath maried a widow they by interpretation take to haue bene twice maried And both these they do not onely exclude from holy orders but also deny them all priuiledges that belong vnto Clerkes But the author of the new termes of lawe well saith that this lawe is abolished by anno 1. Ed. 6. cap. 12. And to that may be added the statute anno 18. Elizab. cap. 7. which alloweth to all men that can read as Clerkes though not within orders the benefite of Clergie in case of felonie not especially excepted by some other statute Bilanciis deferendis is a writ directed to a corporation for the carying of weights to such or such a hauen there to weigh the wools that such a man is licenced to trāsport Reg. orig f. 270. a. Bilawes are orders made in court leets or court Barons by common assent for the good of those that make them farder then the publique lawe doth binde Coke vol. 6. fo 63. a. Kitchin fo 45. 79. These in Scotland are called burlawe or birlawe Skene de verbo sign verbo Burlawe where he saith thus Lawes of burlawe are made and determined by consent of neighbours elected and chosen by common consent in the courts called birlawe courts In the which cognition is taken of compleints betwixt neighbour and neighbour which men so chosen are iudges and arbitratours to the effect aforesaide and are called birlawe men For bawr or bawrsman in Dutch is rusticus and so birlaw or burlaw leges rusticorum Hetherto M. Skene Bilinguis though it signifie in generality a double tounged man yet in our common lawe it is vsed for that Iury that passeth betweene an english man and an alien Wherof part must bee Englishmen and part straungers anno 28. Ed. 3. ca. 13. Bille billa is diuersly vsed among our cōmon lawyers First as West saith pa. 1. symb li. 2. sect 146. it is al one with an obligation sauing that whē it is in ēglish it is commonly called a bill and when it is in latine an obligation But I heare other good lawyers say that a bill though it be obligatorie yet is without condition or forfeiture for non payment and that the obligation hath both Bille secondly is a declaration in writing that expresseth either the griefe and the wrong that the complaynant hath suffered by the party complained of or els some fault that the party complayned of hath committed against some lawe or statute of the common wealth This bille is sometime offered vp to Iustices errants in the generall assises sometime and most of all to the Lord Chanceler of England especially for vnconscionable wrongs done sometime to others hauing iurisdiction accordingly as the law wheruppon they are grounded doeth direct It containeth the fact complained of the dammages thereby suffered and petition of processe against the defendant for redresse West parte 2. Simbol titulo supplications sect 52. whom you may reade at large touching this mater Billa vera is as it were a word of arte in our common lawe For the grand enquest empaneled and sworne before the Iustices in eare c. indorsing a bill whereby any crime punishable in that court is presented vnto them with these two words do signifie thereby that the presentor hath furnished his presentment or denunciation with probable euidence and worthy of farder consideration And thereuppon the party presented by the same bill is said to stand indicted of the crime and so tyed to make answer vnto it either by confessing or trauersing the indictment And if the crime touch the life of the party indicted it is yet referred to another enquest called the enquest of life and death who if they finde him guilty then he standeth conuicted of the crime and is by the Iudge to be cōdemned to death See Ignoramus see Indictment Billets of gold commeth of the french billot 1. massa auri anno 27. Ed 3. stat 2. ca. 14. Bynny peper anno 1. Iaco. ca. 19. Blacke maile is halfe english halfe french For in french maille signifieth a smal peece of mony which we cal a halfepeny It signifieth in the counties of Comberlād Northumberland Westmerland and the bishopricke of Durisme a certaine rate of mony corne catell or other consideration paide vnto some inhabiting vpon or neare the borders being men of name and power allied with certaine knowne to be great robbers and spoile-takers within the saide counties to the end thereby to be by them freed protected and kept in safty from the daunger of such as doe vsually robbe and steale in those partes an 43. Eliza. ca. 13. Blacke rodde is the huiffier belonging to the order of the Garter so called of his blacke rodde that he carrieth in his hand He is of the kings chamber and also huissier of the parlament Blanks cōmeth of the french blanc 1. candidus albus It signifieth a kind of coine that was coined in the parts of Frāce 5. by K. H. that were subiect to England the valew whereof was eight pence Stowes annals pa. 586. These were forbidden to be current within this realme a. 2. H. 6. ca. 9. The reason why they were called blankes may be because at the time these were coyned in France there was also a peece of gold coyned which was called a Salus of the value of 22. shillings from which this siluer was in name distinguished by the colour Bloody hand See Backberend Blomary is one of the forges belonging to an iron mill which also seemeth otherwise to be tearmed a Finary The vse wherof if you will vnderstand you must knowe that first there is a fornace wherin the mine-stones are melted and cast into a raw iron fashioned into long wedges three square that be called sows Then be there two forges like vnto smithes forges but much bigger the one whereof is called the blomary or as it seemeth the finary into the which being maintained with a charcole fire blowne with bellowes made to goe by water are cast the saide sowes of raw iron and melted againe and by a workman called the finary man are wounde and wrought rounde and afterwarde beaten by a hammer into little wedges about a yarde long which are called bloomes Then
and true inquisition make as well of swornemen as vnsworne in euerie bayliwick both in the north bayle and south bayle of this forest and of all maner of trespasses done either to vert or venison I shall truly endeavour my selfe to attach or cause them to be attached in the next court Attachement there to be presented without any concealment had to my knowledge so helpe me God c. Bracton otherwise called Henry of Bracton was a famous lawyer of this land renowmed for his knowledge both in the common and civill lawes as appeareth by his booke every where extant He liued in the daies of Henry the third Stawn praero fo 5. b. and as some say Lord cheife Iustice of England Bread of treate and bread of coket anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broade This word Bracton vseth li. 3. tracta 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there finde word for word it is as we now speake two long and two broad or two in length and two in breadth Breuibus ra 〈…〉 liberandis is a writ or mandat to a Shyreeue to deliuer vnto the newe Shyreeue chosen in his roome the county with the appertenances together with the rols briefes remembrances and all other things belonging to that office Register original fo 295. a. Bribours commeth of the french bribeur i. mendicus It seemeth to signifie with vs one that pilfreth other mens goods anno 28. Ed. 2. stat 1. ca. vnico Brief breve commeth from the French brefou breif i. brevis and in our common lawe signifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the king in writing issuing out of any court whereby he commaundeth any thing to be done for the furtherance of iustile or good order The word is vsed in the ciuile lawe some time in the singular number and masculine gender as l. vlt. Coa de conueniendis fisci debitoribus li. 10. tit 2. you haue these words Inter chartulas confiscati brevis quidam adseueratur inveÌ„tus qui nomina coÌ„tinebaâ— debitoruÌ„ Where it is vsed for a short note Again I finde a title restored by Gothofred in the first booke of the Code de quadrimenstruis brevibus Quadrumenstrus autem breves erant qui de singulis indictionum pensionibus quarte quoque mense foâ—utis conficâ—eâ— antur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorioretulisset c. And in the AutheÌ„tiques Novel 105. ca. 2. you haue this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Galbofred there noteth Where he noteth likewise out of Zonaras in Garthagin CoÌ„cilio that this is a greeke word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breue Of these breifes see also Bracton li. 5. tract 5. ca. 17. nu 2. Breve quidem cùm sit formatum ad similitudinem regula iuris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula iuris rem quae est breviter charrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the french brigandine that is a coate of maile This is vsed anno 4. 5. Ph. Mar. ca. 2. Brigbote significat quietantiam reparationis pontium Fleta li. 1. ca. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that liued in the daies of K. Edward the first at whose commandemeÌ„t by whose authority he writ a learned booke of the lawe of this realme The tenure wherof runneth in the Kings name as if it had beene penned by himselfe answerably to the Institutions which Iustinian assumeth to himselfe though composed by others Stawnf prare fo 6. 21. S. Edward Cooke saith that this Britton writ his booke in the fifte yeare of the said King reigne li. 4. fo 126. a. lib. 6. fo 67. a. M. Guin in the preface to his reading mencioneth that this Iohn Britton was bishop of Hereford Broke commonly called S. Robert Broke was a greate lawyer and lord chiefe Iustice of the coÌ„mon plees in Queene Mar. 〈◊〉 time Cromptons Iustices of peace fo 2â— b. he made an abbridgement of the whole lawe a booke of highe accoumpt Broker brocarnis seemeth to come from the French broieur tritor that is a gryneder or breaker into small peaces Because he that is of that trade to deall in maters of mony and marchandise betwene Englishe men and Strangers doth draw the bâ—rgaine to particulars and the parties to conclusion not forgetting to grinde out somthing to his owne profit Those men be called broggers anno 10. R. 2. ca. i. It may not improbably be said that this word commeth from carder i. cavillari because these kinde of men by their deceitfull 〈…〉 ches and abusing their true made many times inuegle others In Scotland they be called broccary and in their owne idiome blockers or brockers that is mediators or intercessors in any traÌ„saction paction or contract as in buying or selling or in contractting mariage Skene de verbo signi verbo broccarij He that will know what these brokers were wont ought to be let him read the statut anno 1. Iacobi ca. 21. These in the civile lawe are called proxenetae as also of some licitatores mediatores titulo de proxeneticis in Digestis This kind of dealer is also of the Romanes called pararius Senece li. 2. de benef ca. 22. Caelius Rhideginus libro 6. ca. 32. li 3. cap. 35. Broderers commeth of the French brodeur and that commeth of bordure i. fimbria limbus the edge or hemme of a garmet And that because it is distinguished froÌ„ the rest most coÌ„moÌ„ly by some conceipted or costly worke he that worketh it is called brodeur in French and broderor or embroderer with vs. Brode halpeny commeth of the three Saxon words bret or bred 〈◊〉 aboord and halve that is for this or that cause cuius rei gratie as the Latinists speake and penning it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market From the which they that are freed by the Kings Charter had this word mentioned in there leters patents In so much as at this day the freedome it selfe for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatio It signifieth with vs a tribute contribution or ayde toward the mending or reedifiing of bridges whereof many are freed by the kings charter And thereupon the word is vsed for the very libertie or exemptioÌ„ from this tribute
and in euery action reall as also euery action personall where the debt or dammages amount to 40. merks it is a good chalenge to any man that he cannot dispend 40. shillings by the yeare of Free-hold anno 11. H. 7. cap. 21. and Termes of the lawe verbo Chalenge The ground of this chalenge you may see farder in Fleta lib. 4. cap. 8. Chalenge vpon reason or cause is when the partie doth alledge some such exception against one or more of the Iurors as is not forthwith sufficient vpon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Iurors as for example if the sonne of the Iuror haue maried or espoused the daughter of the aduerse partie Termes of lawe vbi supra This chalenge per cause seemeth to be tearmed by Kitchin chalenge for fauour fol. 92. or rather Chalenge for fauour is said there to be one species of chalenge per cause where you may read what chalenges be commonly accounted principall and what not See the new booke of Entries verbo Chalenge and the old nat br fol. 158. 159. That this word chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. li. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will neuer forgiue him that first strooke this blowe at him Of chalenge you may farder read Fleta lib. 1. cap. 32. § Ad quem diem seqq Chamberdekins are Irish beggers anno 1. H. 5. cap. 8. Chamberer is vsed for a chamber maide anno 33. H. 8. cap. 21. Chamberlaine camerarius vel camberlingus commeth of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly vsed in our Chronicles Lawes and Statutes as Lord great Chamberlaine of England Lord Chamberlain of the kings house the kings Chamberlaine anno 13. Ed. 1. cap. 41. anno 17. R. 2. cap. 6. to whose office it especially appertaineth to looke to the kings chambers and wardrobe and to gouerne the vnder ministers belonging vnto the same Fleta lib. 2. cap. 6. 7. Chamberlaine of any of the kings courts anno 7. Ed. 6. cap. 1. Chamberlaine of the Exchequer anno 51. H. 3. stat 5. anno 10. Ed. 3. cap. 11. anno 14. eiusdem cap. 14. anno 26. H. 8. cap. 2. Chamberlaine of north Wales Stow. pag. 641. Chamberlaine of Chester Cromptons iurisd fol. 7. This Officer is commonly the receiuer of all rents and reuenues belonging to that person or citie whereunto he is chamberlaine v. Fletam li. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camera i. testudine sive fornice quia custodit pecunias quae in cameris praecipuè reservantur Onyphrius de interpret vooum ecclesiasticarum It seemeth to be borowed from the Feudists who define the word camera thus Camera est locus in quem the saurus recolligitur vel conclave in quo pecunia reservatur Zasius de feudis part 4. num 7. and Peregrinus de iure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quē quaestorem antiqui appellârunt in rebus fisci primum locum tenet quia thesauraruis custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the kings Exchequer who were wont to keepe a controlment of the pels of receipt and exitus kept certaine keyes of the treasure cofers which is not now in vse They keepe the keyes of the Treasurie where the leagues of the Kings predecessors and diuers auncient bookes doe remaine There is mention of this officer in the Statute anno 34. 35. H. 8. cap. 16. There be also vnder-chamberlaines of the Exchequer which see in Vnder-chamberlaine Champartie cambipartita aliàs champertie seemeth to come from the french champart 1. vectigal and signifieth in our common lawe a maintenance of any man in his suit depending vpon condition to haue part of the thing be it lands or goods when it is recouered Fitzh nat br fo 171. and champertours be they that moue plees or suites or cause to be moued either by their owne procurement or by other and persyew at their proper costs for to haue part of the land in variance or part of the gaines anno 33. Ed. 1. stat 2. in fine Whereunto adde the third statut made the same yeare This seemeth to haue bene an auncient fault in our realme For notwithstanding these former statutes and a forme of writ framed vnto them yet anno 4. Ed. 3. ca. 11. it was againe inacted that whereas the former statute prouided redresse for this in the kings bench onely which in those dayes folowed the court from thence forth it should be lawfull for Iustices of the common plees likewise and Iustices of assises in their circuits to inquire heare and determine this and such like cases as well at the suite of the king as of the party How farre this writ extendeth and the diuers formes therof applied to seuerall cases see Fitzh nat br fo 171. and the Register orig fo 183. and the new booke of entrise verbo Champertie Euery champertie employeth maintenance Cromptons iurisd fo 39. See also his Iustice of peace fo 155. b. c. These with the Romans were called redemptores litium qui sc quotidianas lites mercantur aut quipartem litis paciscuntur l. si remunerandi § Maurus Π. Mandati l. si contra l. per diuersas Co. eodem 13. Champion campio is thus defined by Hotoman in verbis feudalibus Campio est certator pro alio datus in duello a campo dictus qui circus erat decertantibus definitus In our common lawe it is taken no lesse for him that trieth the combat in his owne case then for him that fighteth in the place or quarell of another Bracton li. 3. tracta 2. ca. 21. nu 4. who also seemeth to vse this word for such as hould by sergeanty or some service of another as cāpiones faciunt homagium domino suo li. 2. ca. 35. Of this reade more in Battell and Combat 30. Chanceler cancellarius commeth of the french chaneelier Vincentius Lupanus de magistratibus Francorum saith that cancellarius is no latine word how be it he citeth diuers latine writers that doe vse it With him agreeth that excellent man Petrus Pithaeus libro 2. aduersariorum ca. 12. and whereas Lupanus would deriue it from the verb cancello Pithaeus confesseth he hath good colour for his opinion though he thinke it not sound and therefore rather deduceth it a cancellis Cancellare is literas vel scriptum linea per medium ducta damnare and seemeth of it selfe likewise to be deriued a cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greeke which we in our tong call a letis that is a thing made of woode or iron
barrs laide crosse waies one ouer another so that a man may see through them in and out And it is to be thought that iudgement seates in ould time were compassed in with those barres being founde most necessary to defend the iudges and other officers from the presse of the multitude and and yet neuer the more to hinder any mans view that had a desire or cause to obserue what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in court grapharios sc qui conscribendis excipiendis iudicum actis dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not onely in other kingdomes but in ours also is giuen to him that is the cheife man for mater of iustice in priuate causes especially next vnto the prince For whereas all other Iustices in our common wealth are tied to the lawe and may not swerue from it in iudgement the Chanceler hath in this the kings absolute power to moderate and temper the written lawe and subiecteth himselfe onely to the lawe of nature and conscience ordering all things iuxta aequum bonum And therefore Stawnford in his Prerogatiue ca. 20. fo 65. saith that the Chanceler hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must obserue the forme of proceeding as other ordinarie Iudges yet that in his absolute power he is not limited by the written law but by conscience and equitie according to the circumstances of the mater in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conqueror Instituit item Scribarum Collegium qui diplomata scriberent eius Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habetur And see Fleta lib. 2. cap. 13. This high Officer seemeth to be derived from Fraunce vnto vs as many other Officers and vsages be For of this thus writeth Boërius in his Tractate De authoritat Magni Concilii num 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum iudicii tribunal hoc in regno sub Principe tamen nostro moderanti sigillumque authenticum quo sine publicis patētibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Iusticiarii quocunque nomine nuncupentur ac quavis authoritate fungantur e◠inferiores sunt Et meritò Succedit enim in quaestoris locum c. He that beareth this magistracie is called the Chanceler of England anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power Note farder that diuers inferior Officers are called Chancelers as Chanceler of the Exchequer an 25. H. 8. cap. 16. whose office hath bene thought by many to haue bene created for the qualifying of extremities in the Exchequer He sitteth in the court and in the Exchequer chamber and with the rest of the court ordereth things to the kings best benefit he is alwaies in cōmission with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes and hath by priuie seale from the king power with others to compound for forfeitures of bonds and forfeitures vpon penall statutes He hath also much to doe in the reuenue come by the dissolution and first fruites as appeareth by the acts of vniting them to the Crowne Chanceler of the Duchie of Lācaster anno 3. Ed 6. cap. 1. an 5. eiusdem cap. 26. whose office is principall in that court to iudge and determine all controuersies betweene the king and his tenents of the Duchie land and otherwise to direct all the kings affaires belonging to that court Chanceler of the Order 1. of the Garter Stowes annals pag. 706. Chanceler of the Vniversity anno 9. H. 5. cap. 8. anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations anno 27. H. 8. cap. 27. anno 32. eiusdem cap. 20. anno 33. eiusd cap. 39. Chaunceler of the first fruites anno 32. H. 8. cap. 45. Chaunceler of courts anno 32. H. 8. cap. 28. Chaunceler of the Diocesse anno 32. H. 8. cap. 15. Chancerie cancellaria is the court of equitie and conscience moderating the rigour of other courtes that are more streightly tyed to the leter of the lawe whereof the Lord Chancelor of England is the chiefe Iudge Cromptons iurisd fol. 41. or else the Lord Keeper of the great Seale sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler as M. Camden noteth in his Britannia pag. 114. in meo The Officers belonging to this court are as is abouesaid the Lord Chaunceler or Keeper of the broade Seale twelue Masters of the Chancerie whereof the Master of the rolles is one and the chiefe the sixe Clerkes the Examiners a Sergeant at armes the Marshall and cryer of the court the clerks of the courts otherwise called Courseters the clerkes of the petie bagge the clerke of the crowne the clerk of the hanaper the protonotary or register the controller of the hanaper the clerk of appeales the sealer the ch 〈…〉 axe the clerke of the facult 〈…〉 the clerk of the patents clerk of the starre chamber clerk of presentations clerk of dismissions clerk of licenses to alienate clerkes of the enrolments clerk of the protections clerk of the court of wards clerk of the sub penaes which see described in their places Chapell capella commeth of the French chapelle i. aedicula and is of 2. sorts either adioining to a Church as a parcel of the same which men of worth doe build vt ibidem familiaria sepulchra sibi constituant to the vse of the Romans l. 5. Π. de religio or els separate from the mother church where the parish is wide and is commonly called a chappell of case because it is builded for the case of one or more parishioners that dwell ouer farre from the Church and is serued by some inferiour curate prouided at the charge of the rector or of them that haue benifite by it as the composition or custome is Whence the word is deriued the Canonists differ in opinion Rebuffus de pacif posses nu 104. saying that some take it à capiendo laicot others à capra because it representeth those cotages which men were wont to couer ouer with goates skins Petrus Gregorius in suo syntagma te li. 15. ca. 29. hath these words of this thing Capellanus à capellania capella cui praeficitur nominatur item ab officio seu beneficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens laudem vel secundùm praepositum a cappa Diui Martint aut a
Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse coÌ„mitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno breâ—â—im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata â—bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must â—bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery tenent to be true to the Lord of whom he holdeth his land And he that holdeth land by this onely oath of fealty holdeth in the freest maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.
num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of this oath as it is vsed among the feudists you may reade well expressed by Zasius in his Tractate de feudis part 7. num 15. 16. which is woorth the comparing with the vsuall oath taken here in our part of Britannie This fealtie is also vsed in other nations as the Lombards and Burgundians Cassanaus de consuet Burgund pag. 419. 420. And indeed the very first creation of this tenure as it grew from the loue of the lord toward his followers so did it bind the tenent to fidelitie as appeareth by the whole course of the feods And the breach thereof is losse of the fee. Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecius in tract de feudis cap. 15. num 4 seqq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hotoman in his Commentaries De verbis feudalibus sheweth a double fealtie one generall to be performed by euery subiect to his prince the other speciall required only of such as in respect of their fee are tyed by this oath toward their landlords both we may reade of in the grand Customary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Vnde tenentur se ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec eius inimicis praebere contra ipsum consilium vel iuvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Vnde nullus homag ium vel fidelitatem alicuius potest recipere nisi salva Principis fideliiate Quod etiam est in eorum receptione specialiter exprimendum Inter Dominos autem alios homines fides taliter debet obseruari quòd neuter in personam alterius personalem violentiam seu percussionis iniectionem cum violeÌ„tia debet irrogari Si quis eâ—â—m eoruÌ„ ex hoc fuerit accusatus in curia conuictus feudum omne debet amittere c. This fealty speciall is with vs performed either by free men or by villeines The forme of both see anno 14. Ed. 1. stat 2. in these words when a freeman shall doe fealty to his lord he shall hould his right hand vpon a booke and shal say thus Heare you my lord R. that I. P. shal be to you both faithfull and true and shall owe my fealty to you for the land that I hould of you at the terms assigned So help me god and all his saints When a villaine shall doe fealty vnto his lord he shall hould his right hand ouer the booke and shall say thus Heare you my lord A. that I. B. from this day forth vnto you shal be true and faithfull and shall owe you fealty for the land that I hould of you in villenage and shal be iustified by you in body and goods So helpe me god all his Saints See the Register originall fol. 302. a. Fee Feodum aliâs Feudum commeth of the French Fief i. praedium beneficiarium vel res clientelaris and is vsed in our common lawe for all those lands which we hold by perpetuall right as Hotoman well noteth verbo Feodumide verbis fâ—udalibus our auncient lawyers either not obseruing wheÌ„ce the word grew or at the least not sufficieÌ„tly expressing their knowledge what it signified among them from whome they tooke it Feudum whence the word Fief or fee commeth signifieth in the German language beneficium cuius nomine opera quaedam gratiae testifieandae causa debentur Hotoman disput ca. 1. And by this name goe all lands tenements that are held by any acknowledgement of any superioritie to a higher Lord. They that write of this subiect doe diuide all lands and tenements wherein a man hath a perpetuall estate to him and his heires c into Allodium Feudum Allodium is defined to be euerie mans owne land c. which he possesseth meerely in his owne right without acknowledgement of any seruice or paiment of any rent vnto any other and this is a propertie in the highest degree and of some it is called allaudium ab a privatiua particula laudum vel laudatio vt sit praedium cuius nullus author est nisi deus Est enim laudare vel Nouio teste nominare Quod Budaeus docuit ad Modestinum l. Herennius 63. Î . de haere institu Prataeus verbo Allaudium Hotoman in verb. feuda Feudum is that which we hold by the benefite of another and in the name whereof we owe seruice or pay rent or both to a superior lord And all our land here in England the Crowne land which is in the kings owne hands in the right of his crowne excepted is in the nature of Feudum or fee for though many a man hath land by descent from his Auncestors and many another hath dearely boughtland for his money yet is the land of such nature that it cannot come to any either by discent or purchase but with the burtheÌ„ that was laid vpon him who had novel fee or first of all receiued it as a benefite from his Lord to him and to all such to whome it might discend or any way be conueied from him So that if we will reckon with our host as the proverbe is there is no man here that hath directum dominium i. the very propertie or demaine in in any land but the prince in the right of his crowne Camd. Britan pag. 93. for though he that hath fee hath ius perpetuum vtile dominium yet he oweth a dutie for it therefore is it not simply his owne Which thing I take those words that we vse for the expressing of our deepest right in any lands or tenements to import for he that can say most for his estate saith thus I am seised of this or that land or tenement in my demaine as of fee. Seisitus inde in dominico meo vt de feudo and that is as much as if he said it is my demaine or proper land after a sort because it is to me and mine heires forever yet not simply mine because I hold it in the nature of a benefite from another yet the statute anno 37. H. 8. ca. 16. vseth these words of lands invested in the crowne but it proceedeth from the ignorance of the nature of this word fee for fee cannot be without fealty sworne to a superiour as you may reade partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman
Bracton lib. 2. cap. 16. num 3. and Britton cap. 39. For hee pardoneth life and limme to offendours against his crowne and dignitie except such as he bindeth himself by oath not to forgiue Stawnf pl. cor lib. 2. cap. 35. And Habet omnia iura in manu sua Bracton lib. 2. cap. 24. num prim And though at his coronation he take an oath not to alter the lawes of the land Yet this oath notwithstanding hee may alter or suspend any particular lawe that seemeth hurtfull to the publike estate Blackwood in Apologia Regum c. 11. See Oath of the king Thus much in short because I haue heard some to be of opiniō that the lawes be aboue the king But the kings oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which looke in Oath of the King The kings oath in English you may see in the old abridgement of Statutes titulo Sacram. Regis Fourthly the kings only testimonie of any thing done in his presence is of as high nature and credit as any Record Whence it cōmeth that in all writs or precepts sent out for the dispatch of Iustice he vseth none other witnesse but himselfe alwaies vsing these words vnder it Teste me ipso Lastly he hath in the right of his crowne many prerogatiues aboue any common person be he neuer so potent or honourable whereof you may reade your fill in Stawnf tractate vpon the Statute thereof made anno 17. Ed. 2. though that containe not all by a great number What the kings power is reade in Bracton lib. 2. cap. 24. nu prim 2. King of Heradls Rex Heraldorū is an officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Iudgment seate where the Kinge of England was wont to sitte in his owne person and therefore was it moueable with the court or kings Houshould And called Curia domini Regis or Aula Regia as M. Gwine reporteth in the preface to his readings and that in that and the Exchequer which were the only courts of the king vntill Henry the thirds daies were handled all maters of Iustice as well Ciuill as Criminall whereas the court of common plees might not be so by the statute anno 9. H. 3. cap. 11. or rather by M. Gwins opinion was presently vpon the graunt of the great charter seuerally erected This court of the Kings bench was wont in auncient times to be especially exercised in all Criminall maters plees of the crowne leauing the handling of priuate contracts to the cownty court Glanuil lib. 1. cap. 2. 3. 4. li. 10. cap. 18. Smith de Repub Anglicana lib. 2. cap. 11. and hath president of it the Lord Cheife Iustice of England with three or foure Iustices assistaunts four or fiue as Fortescu saith cap. 51. and officers thereunto belonging the clearke of the crowne a Praenatory or Protonotari and other sixe inferior ministers or Atturnies Camd Britan pag. 112. See Latitat How long this court was moueable I finde not in any wrighter But in Brittons time who wrot In K. Ed the 1. his daies it appeareth it followed the court as M. Gwin in his said preface wel obseruethout of him See Iustice of the Kings Bench. Kings siluer is properly that mony which is due to the king in the court of common plees in respect of a licence there graunted to any man for passing a fine Coke vol. 6. fo 39. a. 43. b. Kintall of woad iron c. is a certaine waight of merchandize to the valew of a hundred or something vnder or ouer according to the diuers vses of sundry nations This word is mentioned by Plowden in the case of Reniger and Fagossa Knaue is vsed for a man seruant a. 14. Ed. 3. stat 1. ca. 3. And by M. Verstigans iudgemēt in his Restitutiō of decaied intelligence ca. 10. it is borowed of the dutch cnapa cnaue or knaue which signifie all one thing and that is some kinde of officer or seruant as scild-cnapa was he that bore the weapon or shield of his superior whom the latines call armigerum and the French men escuyer Knight Miles is almost one with the Saxon Cnight i. Administer and by M. Camdens iudgment pag. 110. deriued from the same with vs it signifieth a gentleman or one that beareth Armes that for his vertue and especially Martiall prowes is by the King or one hauing the Kings authority singled as it were from the ordinary sort of gentlemen and raised to a higher accompt or steppe of dignity This among all other nations hath his name from the Horse Because they were wont in auncient time to serue in warrs one horsbacke The Romans called them Equites the Italians at these daies terme them Cauallieri The French men Cheualliers The German Reiters The Spaniard Caualleros or Varoncs a Cauallo It appeareth by the statute anno 1. Ed. 2. cap. 1. that in auncient times gentlemen hauing a full knights fee and houlding their land by knights seruice of the king or other great person might be vrged by distresse to procure himselfe to be made knight when he came to mans estate for the answerable seruice of his Lorde in the Kings warres To which point you may also reade M. Camden in his Britannia pag. 111 But these customes be not nowe much vrged this dignity in these dayes being rather of fauour bestowed by the Prince vpon the worthier sort of gentlemen then vrged by constraint The maner of making knights for the dignitie is not hereditarie M. Camden in his Britan. pag. 111. shortly expresseth in these words Nostris verò temporibus qui Equestrem dignitatem suscipit flexis genibus educto gladio leuiter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Cheualier au nom de Dieu id est Surge aut Sis Eques in nomine Dei The solemnitie of making Knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the priuiledges belonging to a knight in Fernes Glorie of Generositie pag. 116. Of these knights there be two sorts one spirituall another temporall Cassanaeus in gloria mundi parte 9. Considerat 2. of both those sorts and of many subdiuisions reade him in that whole part The temporall or second sort of knights M. Ferne in his Glorie of generositie pag. 103. maketh threefold here with vs. Knights of the sword Knights of the Bath and Knights of the soueraigne Order that is of the Garter of all which you may reade what he saith I must remember that mine intent is but to explain the termes especially of our common lawe Wherefore such as I find mentioned in Statutes I will define as I can M Skene de verb. significat verbo Milites saith that in the auncient lawes of Scotland Freeholders were called Milites Which may seem to haue bene a custome with vs
facere Atturnatos generales f. 21. Literae procuratoriae fol. 205. 306. Literae Regia deprecatoriae pro annua pensione fol. 307. All these you may see in their places vnderstand the meaning of them as occasion shall require Liverie Liberatura is drawne from the French â—â—vree i. insigne gestamen Centuriale discrimen nota centurialis turmalis or els from livrer i. tradere and accordingly hath 3. significations In one it is vsed for a suite of cloth or other stuffe that a gentleman giueth in coates cloakes hats or gownes with cognisaunce or without to his seruants or followers anno 1. Rich. 2. cap. 7. anno 20. eiusdem cap. 1. 〈◊〉 anno 7. H. 4. ca. 14. anno 8. Ed. 4. ca. 2. anno 7. eiusdem ca. 14. anno 13. eiusdem ca. 3. a. 8. H. 6. ca. 4. anno 8. Ed. 4. ca. 3. anno 3. H. 7. ca. 1. 12. anno 11. eiusdem ca. 3. anno 19. eiusdem cap. 14. In the other signification it betokeneth a deliuery of possession vnto those tenents which hould of the king in capite or in knights seruice for the king by his prerogatiue hath primier seysini or the first possession of all lands and tenements so houlden of him anno 52. H. 3. cap. 16. an 17. Ed. 2. cap. 3. that is when any such tenent dyeth the king foorthwith entreth and holdeth it vntill the heire do his homage and so pray his land to be deliuered vnto him Which act in the king is called Liuerie and liuerie in this signification is either generall or speciall Stawn praerog fol. 12. cap. 3. Liuerie generall seemeth to be that which is made in general words and therefore may easily be missued Liuerie speciall is that which containeth in it a pardon of ouersights committed by the tenent in siewing out his liuerie by which pardon the missuing is dispensed with Stawnf pag. 67 cap. Trauers 20. See the Institutes and grounds of the common lawe cap. 30. of generall and speciall liueries Liuerie in the third signification is the writte which lyeth for the heire to obtaine the possession or seisin of his lands at the kings handes which see in Fitz. nat br fol. 155. Liuerie of seisin deliberatio seisinae is a deliuerie of possession of land or tenement or other things corporeall for of things incorporeall no liuerie of seisin may be vnto one that hath right or a probabilitie of right vnto them For as Bracton saith Traditio debet esse vestita non nuda sc quòd traditione praecedat vera causa vel putatiua qua transeat Dominicum lib. 2. cap. 18. num 3. West parte prim symbol li. 2. sect 196. calleth this a ceremonie in the common lawe vsed in the conueyance of lands or tenements c. where you may see the vsuall forme hereof particularly set downe whereunto ioyne the new exposition of law tearmes Lieutenent See Lieftenent Lieutenent of the tower seemeth to haue bene an officer vnder the Constable anno Henr. 4. cap. 15. Locus partitus signifieth a diuision made betweene 2. townes or counties to make triall in whether the land or place in question lieth Fleta lib. 4. cap. 15. num 1. Locall localis signifieth in our common lawe as much as tyed or annexed to a place certaine Example the thing is locall and annexed to the Free-hold Kitchin fol. 180. and againe in the same place An action of trespasse for battery c. is transitorie and not locall that is not needfull that the place of the batterie should bee set downe as materiall in the declaration or if it be set downe that the defendant should trauerse the place set downe by saying he did not commit the batterie in the place mentioned in the declaration and so auoide the action And againe fol. 230. the place is not locall that is not materiall to be set down in certaintie And the gard of the person and of the landes differeth in this because the person being transitorie the lord may haue his rauishment de garde before he be seised of him but not of the land because it is locall Perkins Graunts 30. Lobbe is a great kinde of north sea fish anno 31. Ed. 3. stat 3. cap. 2. Lodemanage is the hire of a Pilot for conducting of a ship from one place to another Loichfish as Lob. Ling. Cod. anno 31. Ed. 3. stat 3. cap. 2. Lode works is one of the works belonging to the Stannaries in Cornwall for the which reade M. Camdens Britan in his title of Cornwal pa. 119. See Streme work Lollards Lollards were in accompt and reputation of those times Heretiks that abounded heere in England in the daies of Edward the third and Henry the fifth anno 2. H. 5. cap. 7. whereof Weekleife was the cheife as Stowe saith in his Annalls pag. 425. who by his report went barefooted and baslely clothed to wit in base russet garments downe to the heeles they preached and especially against Monks and other religious men Of these reade more in him and others that writ of those times The name Lindwood deriueth a lolio quia sicut lolium inficit segetes sic Lollardi multociens inficiunt fideles simplices inter quos conuersantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his chronicle deduceth the name from one Gualter Lolhard a German as the first author of that sect liuing about the yeare of our redemption 1315. Lord Dominus by M. Camdens opinion is a contract of Lafford which is the Danish word for Dominus It is a word of honour with vs and is vsed diuersly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parlament Sometime to those that be so called by the courtesie of England as all the sonnes of a Duke or the eldest sonne of an Earle Sometime to men honorable by office as lord chiefe Iustice c. and sometime to a meane man that hath fee and so consequently the homage of tenents within his maner For by his tenents he is called Lord and by none other and in some places for distinction sake he is called Landlord It is vsed neuerthelesse by the Writers of the common lawe most vsually in this signification And so is it diuided into lord aboue and lord mesn lord mesn is he that is owner of a maner and by vertue thereof hath tenents holding of him in fee and by copy of court rolle and yet holdeth himselfe ouer of a superiour Lord who is called lord aboue or lord Paramount old nat br fol. 79. Although I thinke none simply to be accounted lord Paramount but the Prince because all hold either mediately or immediatly of him and he of none In this signification I likewise reade Very lord and Very tenent eod fol. 42. Broke titulo Heriot num 1. where I thinke very lord is he which is immediate Lord to his tenent and him
dwelling on the Marches of Wales or Scotland who in times past as M. Camden saith pag. 453. had their priuate lawes much like as if they had beene Kings which now be worne out Of these Marchers you may reade anno 2. H. 4. cap. 18. anno 26. Hen. 8. cap. 6. anno 1. Ed. 6. cap. 10. where they are called Lord Marchers See anno 27. Hen. 8. cap. 26. howe these were extinguished Mareshall Mariscallus is a French word signifying as much as Tribunus Celerum or Tribunus militum with the auncient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de Nobilitate ca. 8. p. 42. nu 17. The french word may seeme also among many other that they haue to proceede from the German Marschalk i. equitum magister which Hotoman in verbis feudalibus verbo Marschalkus deriueth from the old word March signifiing a house with whome agreeth Lupanus de Magistratibus Eranciae lib. pri ca. Marcshallus Others make it of these two Saxon words Mar. i. equus and scalch i. praefectus or as M. Verstegan saith from Mare the generall appellation of all horses as hors is now in Englishe and Scalc which in the auncient language of the Netherlanders he affirmeth to signifie a kind of seruant as Scalco doth at this day among the Italians being originally a Dutch word with vs there be diuers officers of this name but one most noble of all the rest who is called Lord or Earle Marshall of England of whome mention is made in diuers statutes as anno 1. H. 4. ca. 7. 14. anno 13. Rich. 2. ca. 2. His office consisteth especially in maters of warre and armes as well with vs as in other countries whereof you may reade in Lupanus vbi supra and Tilius li. 2. ca. de Conestabili Mariscallo c. But he that will knowe the office of our Lord Marshall had neede beside the fewe statutes which concerne him to read his commission and also to haue acces to the Heradls who out of their antiquities are able to discouer much that by prescription belongeth vnto this office The next to this is the Marshal of the Kings house whose especiall authoritie is according to Britton and M. Gwin in the preface to his reading in the Kings place to heare and determine all plees of the Crowne and to punish faults committed within the verge to heare and determine suites betweene those of the kings houshold and others within the verge Cromptons Iurisdict fol. 102. of him you may reade Fitzh nat br fol. 241. B. and anno 18. Ed. 3. statut 2. ca. 7. anno 27. Ed. 3. stat 2. c. 6. an 2. H. 4. c. 23. a. 15. H. 6. c. 1. Fleta saith that the office of the Marshall of the kings house belongeth to the Earle of Northf in fee and that he may appoint with the Kings consent a Knight vnder him to execute the office which office he also describeth to be especially to execute the iudgements decrees of the Steward to haue the keeping of the prisoners li. 2. cap. 4. and read farder of his office in the 5. chapter of the said booke which is to dispose of the Lodging in the Kings houshold vnder the Chamberlaine and to cleere the Verge of strumpets c. anno 5. Hen. 3. statut 5. Then be there other inferiour officers of this name as Marshall of the Iustices in Eyre anno 3. Ed. 1. ca. 19. Marshall of the Kings bench anno 5. Ed. 3. ca. 8. and this is he which hath the custodie of the prison called the Kings bench in Southwarke Fitzh nat br fol. 251. I. And these inferiour Marshalls be either ad placitum or in fee Kitchin fol. 143. I finde also in Fleta li. 2. ca. 15. mention of a Marshall of the Kings hall whose office is when the tables be prepared and clothes laide to call out both those of the houshold and straungers according to their worth and decently to place them to reiect vnworthy persons to knowe the number of the hall and to testifie it at the next accompt to see dogs kept out to saue the almes from filching to see filence kept and euery man competently serued with meate and drinke and when the courte remoueth to appointe euery one of the houshold his lodging There is also a Marshall of the esche quer anno 51. H. 3. sta 5. to whome the courte committeth the custody of the kings debters during the terme time to the end they may be farder imprisoned if they cleere not their debts He also assigneth Shyreeues escheators customers and collectors their auditours before whome they shall accompt He hath all inquisitions taken before escheators virtute officii deliuered vnto him to be deliuered by him to the treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshall or word for word the seate of the Marshall of whome see Cromptons Iurisdict fol. 102. It is also vsed for the prison in Southwarke the reason whereof may be because the Marshall of the kings house was wont perhaps to sit there in iudgment See the statute anno 9. R. 2. cap. 5. anno 2. Hen. 4. ca. 23. Martiall lawe is the law that dependeth vpon the voice of the king or the kings leiuetenent in warres For how be it the king for the indifferent and equall temper of lawes to all his subiects doe not in time of peace make any lawes but by the consent of the three estates in Parlament yet in warres by reason of great daungers rising of small occasions he vseth absolute power in so much as his word goeth for law And this is called Martiall law Smith de repub Angli li. 2. c. 3. See Law of armes Mariage Maritagium signifieth not onely the coupling together of man and wife but also the interest of bestowing a ward or a widow in mariage Magna charta ca 6. anno 9. He. 3. and Bracton lib. 2. ca. 3. and also it signifieth land giuen in mariage Bracton li. 2. ca. 34. 39. And in this signification the same authour saith that Maritagium est aut liberum aut seruitio obligatum li. 2. ca. 7. nu 3. 4. Liberum maritagium dicitur vbi donator vult quòd terra sic data quieta sit libera ab omni seculari seruitio quod ad Dominum feudi possit pertinere et ita quòd ille cui sic data fuerit nullum omninò inde faciat seruitium vsque ad tertium haeredem vsque ad quartum gradum ita quòd tertius heres sit inclusivus See the rest See also Skene de verbo significatione verbo Maritagium who is worth the reading Maritagio amisso per defaltam is a writ for the tenent in frank mariage to recouer lands c. whereof he is deforced by another Regist fol. 171. Maritagio forisfacto is a writ See Forisfactura Maritagii Marke merca commeth of the Saxon
Mearc which signifieth a peece of mony worth thirty siluer pence Lamb. explicat of Saxon words verbo Mancusa what it now signifieth in our coyne euery man knoweth But in auncient times I find a merke of gold which was the quantitie of eight ounces Stowes annals pag. 32. and againe pag. 691. 12. merkes of golde Troy weight the which was 200. pounds of English mony after which rate euery merke valued 16. pounds 13. shillings 4. pence M. Skene de verbor signific verbo Merke saith that in tractatu de ponderibus mensuris a Mercke signifieth an ounce weight or halfe a pound wherof the dramme is the eighth part like as the ounce is the eighth part of a marcke citing Cassanaeus de consuet Burgund Rub. prim § 7. verbo Solz Turnoys hiis verbis Solidus inquit in iure capitur pro auro quorum 72. faciunt libram auri duodecim vncia faciunt libram octo vnciae mercaÌ„ Market mercatus commeth of the French marche i. emporium forum nundinarium it signifieth with vs the same thing and also the liberty or priuiledge whereby a towne is enabled to keepe a market Old nat br fol. 149. So doth Bracton vse it lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he sheweth that one market ought to bee distant from another sex lencas dimidiam tertiam partem dimidiae The reason thereof both he and Fleta giueth in these wordes Quia omnes rationabiles dietae constant ex 20. milliaribus Diuidatur ergo dieta in tres partes prima auteÌ„ matutina detur euntibus versus mercatum secunda detur ad emendum vendendum quae quidem sufficere debet omnibus nisi sint forte mercatores statarii qui merces deposuerint exposuerint venales quibus necessaria erit prolixior mora in mercatu tertia pars relinquitur redeuntibus de mercatu ad propria Et quaequidem omnia necesse erit facere de die non de nocte propter infidias incursum latronum vt omnia sint in tuto c. lib. 4. cap. 28. § Item refert Marle is a kind of stone or â—halke which men in diuers countries of this Realme cast vpon their land to make it the more fertile It is some where called Malin anno 17. Edvard 4. cap. 4. Marque seemeth to bee a French word signifying notam vel signum or else to come from the German march i. limes it signifieth in the auncieÌ„t statutes of our land as much as reprisals as anno 4. H. 5. cap. 7. Marques and Reprisals are vsed as synonyma And leters of Marque are found in the same signification in the same chapter The reason may be because â—â—e griefes wherevpon these leâ—â—rs are sought and graunted are commonly giuen about the â—ounds and limits of euery contrey or at least the remedie for the same is likest there to bee had by some sodaine inrode happing of such recompence of the iniurie receiued as may most conueniently be lighted vpon See Reprisals See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifiing originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertuÌ„ est nisi quod Gothicum vocabulum putamus And afterward thus Huiusmodi Marchionum siue vt nos appellamus Margraphiorum origo in limitaneos praepositos siue duces referenda Margraphis dicti quòd limitibus quos vulgò marken appellamus graphii id est praepositi fuerunt c. For in those teritories that haue naturally noe bounds of great strength or defence there is neede of wise and stout men toward their borders for the keeping out of neighbour enemies But here in England though we haue a Lord warden of the marches northward and a warden of the cinque ports toward the south east and were wont to haue Lo. Marchers between vs and Wales that serued this turne yet those which we call Marquises are lords of more dignity without any such charge and are in honour and accompt next vnto Dukes At this day I know but one in England and that is the Marquis of Winchester being of that noble familie of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a lawyer of great accompt that liued in Henry the seuenth his daies whose learned readings are extant but not in print Lamb. Eiren. li. pri cap. 1. Marterns see Furre Master of the Rols Magister rotulorum is an AssistaÌ„t vnto the Lord Chauncelour of England in the high court of Chauncery and in his absence heareth causes there and giueth orders Crompt Iurisd fol. 41. His title in his patent as I haue heard is Clericus paruae bagae custos rotulorum domus conuersorum This domus conuersorum is the place where the rols are kept so called because the Iewes in auncient times as they were any of them brought to christianity were bestowed in that house separatly from the rest of their nation But his office seemeth originally to haue sprong from the safe keeping of the Roules or records of inditements passed in the kings courts and many other things He is called clerke of the rols anno 12. R. 2. ca. 2. and in Fortescue his booke cap. 24. and no where master of the rols vntil anno 11. Hen. 7. cap. 20. and yet anno 11. einsdem cap. 25. he is also called clerk In which respect Sir Thomas Smith li. 2. ca. 10. de Repnb Angl. well saith that he might not vnfitly be called Custos Archiuorum He seemeth to haue the bestowing of the offices of the sixe clerks anno 14. 15. Hen. 8. cap. 8. Master of the mint anno 2. Hen. 6. cap. 14. he is now called the Warden of the mint whose office see in Mint Master of the court of Wards and Liueries is the cheife and principall officer of the court of wards and liueries named and assigned by the king to whose custodie the seale of the court is committed He at the entring vpon his office taketh an oath before the Lord Chauncelour of England well and truly to serue the King in his office to minister equal iustice to rich poore to the best of his cunning witte and power diligently to procure all things which may honestly and iustly be to the kings aduaÌ„tage and profit and to the augmentation of the rights and prerogatiue of the crowne truly to vse the kings seale appointed to his office to end eauour to the vttermost of his power to see th 〈…〉 king iustly aunswered of all suc 〈…〉 profits rents reuenewes a 〈…〉 issues as shall yearely rise grow or be due to the king in his office from time to time to deliuer with speed such as haue to do before him not to take or receiue of any person any gift or reward in any case or mater depending before him or wherein the king shall be party
Librata terrae Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our lawe a commission especially graunted to certaine men for the hearing and determining of one or more causes This was wont to be in vse vpon some sodaine outrage or insurrection in any place Cromptons Iurisd fol. 131. 132. See The Statute of Westm 2. cap. 29 anno 13. Ed. 1. who might graunt this commission And see Fitzh nat br fol. 100. for the forme and occasion of the writ as also to whom it is to bee graunted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordum is a petition made in court that the Iudges for beter proofes sake will be pleased to heare or looke vpon any Record P PAcking whites anno 1. R. 3. cap. 8. Pain fort dure poena fortis dura is in true French peine fort dure It signifieth in our common lawe an especiall punishment for those that being arraigned of felonie refuse to put themselues vpon the ordinarie triall of God and the cuntrey and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded vpon the Statute of Westm prim cap 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parlament maketh no mention of it and Britton writing after that time toucheth it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquite themselues let them be put to their penance vntill such time as they do desire triall and let the penance bee such viz. Let them be bare legged without girdle and without hatte or cappe in their coate onely and lye in prison vpon the naked earth day and night And let them eate no bread but of barley and branne nor drink any other then water and that vpon that day when they eate not And let them be chained Stawnford in his said 60. chapter of his second booke expoundeth it more plainely and particularly in this sort And note that this strong and hard paine shall be such sc He shall be sent backe to the prison whence he came and layed in some lowe darke house where he shall lye naked vpon the earth without any litter rushes or other clothing and without any raiment about him but onely something to couer his priuie members And he shall lye vpon his backe with his head couered and his feete And one arme shall bee drawne to one quarter of the house with a cord and the other arme to another quarter and in the same maner let it be done with his legges and let there be layed vpon his body iron and stone so much as he may beare or more and the next day following he shall haue three morsels of barley bread without drinke and the second day he shall haue drinke three times and as much at each time as he can drinke of the water next vnto the prison doore except it be running water without any bread And this shall be his diet vntill he dye Palatine See County Palatine See Cassan de consuetud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum commeth of the French panne i. pellis or paneau a peece or pane as wee call it in English It signifieth in our common lawe a shedule or rolle containing the names of such Iurours as the Shyreeue prouideth to passe vpon any triall Register orig fol. 223. a. Kitthin fol. 266. See Broke hoc titulo And thereupon the empaneling of a Iurie is nothing but the entring of them into the Shyreeues rolle or booke Pannage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Paramounte aliâs peremounte commeth of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenent to a Lord that houldeth ouer of another Lord. And the former of those is called Lord Mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 209 consisteth only in comparison as one man may be great being compared with a lesser and litle being compared with a greater and as Genus among the Logicians may be in diuers respects both genus and species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is patron paramount to all the benefices in England Doctor and student ca. 36. See Parauaile Maner and Fee Parauaile aliâs Perauaile is compounded of two French words par i. per and aualler i. dimittere demittere It signifieth in our common law the lowest tenent or him that is tenent to one who houldeth his fee ouer of another So is it vsed pl. cor fol. 197. and Fitzh nat br fol. 135. M. See Paramounte See Mesn Parcell makers are two officers in the eschequer that make the parcels of the escheators accoumpts wherein they charge them with euery thing they haue leuyed for the kings vse within the time of their office deliuer the same to one of the auditors of the court to make an accompt for the escheatour thereof Parceners See Coparceners Parcinarie participatio commeth of the French partir i. diuiduum facere It signifieth in our common law a houlding or occupying of land by more pro indiviso or by ioynt tenents otherwise called Coparceners of the French parsonnier i. partiarius particeps For if they refuse to diuide their common inheritance and chuse rather to hold it ioyntly they are said to hold in parcinarie Litleton fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the auncient Romanes particulones sic enim authore Nonio a veteribus cohaeredes inter se dicebantur quòd partes invicem facerent Spigelius Pardon Perdouatio is a French word signifiing as much as pax venia gratia It is vsed most notoriously in our common lawe for the remitting or forgiuing of a felonious or other offence committed against the king This pardon is two-fold one ex gratia Regis the other per cours del ley by course of law Stawns pl. cor fol. 47. Pardon ex gratia Regis is that which the king in some speciall regard of the person or other circumstance sheweth or affoordeth vpon his absolute prerogatiue or power Pardon by course of lawe is that which the lawe in equitie affoordeth for a light offence as homicide casuall when one killeth a man hauing no such meaning West parte 2. symbol titulo Inditements sect 46. Of this see the new booke of Entries verbo Perdon Pardoners anno 22. H. 8. c. 12. were certaine fellowes that caried about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report in censed the people of Germany in his
time exhorting them ne merces tam viles tanti emerent Parke parcus commeth of the French parquer i. vallo vel fossa circundare It signifieth with vs a peece of grounde inclosed and stored with wild beastes of chase Which a man may haue by prescription or the kings graunt Cromptons Iurisd fol. 148. M. Manwood parte pri of his Forest lawes pag. 148. defineth it thus A parke is a place of priuiledge for wilde beastes of venerie and also for other wild beasts that are beasts of the Forest and of the chase tam syluestres quam campestres And all those wild beastes are to haue a firme peace and protectioÌ„ there So that no man may hurt or chase them within the park without licence of the owner of the same Who also fol. 149. saith thus A parke is of another nature then either a chase or a warren is For a parke must bee inclosed and may not lye ope for if it doe that is a good cause of seisure of the same into the hands of the king as a thing forfeited as a free chase is if it be enclosed And moreouer the owner cannot haue action against such as hunt in his park if it lye open See Forest See Chase See Warren This word Parke Baldwinus deriueth a paradiso eumque locum esse dicit in quo varia animalia ad vsum voluptatis aut venationis includuntur possidentur adempta naturali libertate Ad tit de rerum divis in Institutionib Parco fracto is a writ which lyeth against him that violently breaketh a pound and taketh out beasts thence which for some trespas done vpon another mans ground are lawfully impounded Register originall fol. 166. Fitzh nat br fol. 100. Parish parochia commeth of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Accolarum conuentus accolatus sacra vicinia it is vsed in the Cannon law some time for a Bishoprick But in our common law it signifieth the particular charge of a secular priest For euery church is either Cathedrall Couentuall or Parochiall Cathedrall is that where there is a Bishop seated so called a Cathedra Conuentuall consisteth of Regular clerks professing some order of religion or of Deane and chapter or other colledge of spirituall men Parochiall is that which is instituted for the saying of diuine seruice and ministring the holy Sacraments to the people dwelling within a certaine compas of ground neare vnto it Our Realme was first diuided into parishes by Honorius Archb of Canterbury in the yeare of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I finde there were in England in the daies of H. 8. the number of 45000. Hotoman in his disputations de feudis ca. 2. maketh mention of this word parochia out of Pomponius Laetus in these words Nam sic quoque Pomponius Laetus veterem consuetudinem fuisse scribit eamque ab Imperat 〈…〉 Constantino repetitam vt Duc 〈…〉 praefectis Tribunis qui pro augendâ— Imperio consenuerant darentur agri villaeque vt necessaria suppet 〈…〉 quoad viuerent quas paroehias cabant And a litle after ver 〈…〉 inter feuda parochias hoc 〈…〉 est quod hae plerumque senibus 〈…〉 veteranis plerisque emeritae 〈…〉 dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum nasceretur euocati non tam milites quà m magistri milituÌ„ viderentur Feuda vero plurimum Iâ—â—enibus robustis primo flore aetatis qui militiae munus sustinere poteraÌ„t imo verò vt posseÌ„t vt velleÌ„t c. Parlament parlamentum is a French word signifiing originally as much as Collocutio or colloquium but by vse it is also taken for those high courts of Iustice throughout the kingdome of Fraunce where mens causes and differences are publikely determined without farder appeale Whereof there be seuen in number as Paris Tolouse Gresnoble in Daulphene Aix in Prouence Bordeaux Diion in Bourgogine and Roan in Normandy Vincentius Lupanus de Magistrat Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Haillon addeth the eighth viz. Rhenes in Brettagne In England we vse it for the assembly of the king and the three estates of the Realme videlicet the Lords Spirituall the Lords Temporall and commons for the debating of maters touching the common wealth and especially the making and correcting of lawes which assembly or court is of all other the highest and of greatest authoritie as you may reade in Sir Thomas Smith de Repub. Anglo lib. 2. cap. 1. 2. Camd. Britan. pag. 112. and Cromptons Iurisd fol. pri seqq The institution of this court Polydor Virgil lib. 11. of his Chronicles referreth after a sort to Henry the first yet confessing that it was vsed before though verie seldome I find in the former prologue of the Grande Custumarie of Normandie that the Normans vsed the same meanes in making their lawes And I haue seene a monument of Antiquite shewing the maner of houlding this parlament in the time of King Edward the sonne of King Etheldred which as my note saith was deliuered by the discreeter sorte of the Realme vnto William the Conquerour at his commaundement allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex Rege solo primus gradus est Secundus gradus est ex Archiepiscopis Episcopis Abbatibus Prioribus per BaroniaÌ„ tenentibus Tertius gradus est de procuratoribus cleri Quartus gradus est de Comitibus Baronibus aliis Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est parlamentum ex sex gradibus sed sciendum licet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nibilo minus censetur esse plenum Touching the great authoritie of this court I finde in Stowes Annalls pag. 660. that Henry the sixth directing his priuie seale to Richard Earle of Warwicke thereby to discharge him of the Captainship of Cales the Earle refused to obey the priuie seale and continued forth the said office because he receiued it by Parlament But one example cannot make good a doctrine And of these two one must needes be true that either the king is aboue the Parlament that is the positiue lawes of his kingdome or els that he is not an absolute king Aristotle lib. 3. Politico cap. 16. And therefore though it be a mercifull policie and also a politique mercie not alterable without great perill to make lawes by the consent of the whole Realme because so no one part shall haue cause to complaine of a partialitie yet simply to binde the prince to or by these lawes weare repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5.
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
benefice conferreth it vpon his Clerke whilest two others be contending in law for the right of presenting Exposition of the terms of law old nat br fol. 30. and Fitzh nat br fol. 48. Register originall fol. 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his tenent being his ward that after couenable mariage offered him marieth another and entreth neuer the lesse vpon his land without agreement first made with his Lord and Gardian Terms of the law Quare non permittit is a writ that lyeth for one that hath right to present for a turne against the proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the lawe of England to the widow of a landed man deceased whereby shee may challenge to continue in his capitall messuage or cheife mansion house by the space of 40. daies after his decease Of this see Bracton lib. 2. cap. 40. And if the heire or any other attempt to eiect her shee may haue the writ De Quarentina habenda Fitzh nat br fol. 161. see anno 9. H. 3. cap. 7. anno 20. cap. pri and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriueth this word from the French Quaresme Who also haue this custome called lo quaresme des vefues granted to widows after the decease of their husbands as he proueth out of Papon in his Arrests libro 15. titulo des dots cap. 7. lib. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentena habenda is a writ that lyeth for a widow to inioy her Quarentine Register originall fol. 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clerk that hath recouered in a plee of Aduowsen The furder vse whereof see in Fitzh nat br fol. 47. Register originall fol. 32. See the new booke of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who hauing a seruitude to passe through his neighbours ground cannot inioy his right for that the owner hath so strengthened it Fleta li. 4. cap. 26. § Item si minus Quarter Sessions is a court held by the Iustices of peace in euery Countie once euery quarter The iurisdiction whereof how farre it extendeth is to be learned out of M. Lamberds Eirenarcha Sir Thomas Smith de Republ. Anglor lib. 2. ca. 19. But to these you must adde the late statutes of the Realme for their power daily increaseth Originally it seemeth to haue bene erected onely for maters touching the peace But in these daies it extendeth much farder That these Sessions shold be held quarterly was first of all ordeined so farre as I can learne by the statute anno 25. Ed. 3. stat pri cap. 8. of these read Lamberds Eirenarcha the fourth booke throughout where he setteth them out both learnedly and at large Quashe quassare commeth of the French quasser i. quassare conquassare it signifieth in our common law to ouerthrowe Bracton lib. 5. tracta 2. cap. 3. nu 4. Quekbord anno 17. Ed. 4. ca. 2. Que est mesme signifieth verbatim Which is the selfe same thing It is vsed in our common law as a word of art in an action of trespas or of like nature for a direct iustification of the very act complained of by the plaintffe as a wrong for example in an action of the case the plaintiffe saith that the Lord threatned his Tenents at will in such sort as he draue them to giue vp their tenures The Lord for his defence pleadeth that he said vnto them that if they would not depart he would siew them as the law would This being the same thretning that he vsed or to speake artificially que est le mesme the defence is good Of this see Kitchin in the chapter Que est le mesme fol. 236. where you may haue many like examples Que estate word for word signifieth Quem statum It signifieth in our common law a plee whereby a man intitling another to lands c saith that the same estate that he had himselfe hath from him for example in a Quare impedit the Plaintife alleadgeth that such foure persons were seised of lands whereunto the Advowsen in question was appendant in fee and did present to the Church and afterward the Church was voide Que estat del c. that is which estate of the foure persons he faith also that he hath nowe during the vacation by vertue whereof he presently c. Brooke titulo Que estate fol. 175. 176. But it is harder to knowe when this Que estate is to be pleaded then to vnderstand what it is as by him may appeare See the new booke of Entries verbo Que estate Queene Regina is either shee that houldeth the Crowne of this Realme by right of blood or els shee that is maried to the King In the former signification shee is in all construction the same that the King is and hath the same power in all respects In the other signification shee is inferiour and a person exempt from the King For shee may siew and be siewed in her owne name Yet that shee hath is the Kings and looke what shee looseth so much departeth from the King Stawnf praerog cap. 2. fol. 10. in fine See Kitchin fol. 1. b. See Cooke lib. 4. Copy-hould cases fo 23. b. Augusta was the like among Romaines how be it not euisdem iuris in all things Queenes siluer See Kings siluer Quem reditum reddat is a writ Iudiciall that lyeth for him to whom a rent seck or rent charge is graunted by fine leuied in the Kings Court against the Tenent of the land that refuseth to atturne vnto him thereby to cause him to atturne See old nat br fol. 156. and West parte 2. Simbol titulo Fines sect 125. See the new booke of Entries Verbo Quem reditum reddit Querela friscae fortiae is a writ See Fresh force Querela coram Rege consilio discutienda terminanda is a writ whereby one is called to iustifie a complaint of a trespasse made to the king and himselfe before the King his counsell Register originall fol. 124. b. Questus est nobis c. is the sorme of a writ of Nusance which by the statute anno 13. Ed. pri cap. 24. lieth against him to whome the house or other thing that breedeth the Nusance is alienated wheras before that statute this actiō lay onely against him that first leuied the thing to the hurt of his neighbour See the Statute Quia improvide seemeth to be a supersedeas graunted in the behalfe of a clerke of the Chawncerie siewed against the priuiledge of that court in the common plees persiewed to the exigēd See Dyer f. 33. n. 18. Quid iuris clamat is a writ Iudiciall issuing out of the Record of the Fine which remaineth with
releeue them Stawnf vbi supra See of this the new booke of Entries verb Sanctuary and Fleta lib. 1. cap. 29. And how by degrees they haue beene taken away you may read partly in him and partly in the statutes a. 26. H. 8. ca. 13. anno 28. eiusdem ca. 7. anno 32. eiusd ca. 12. anno 33. eiusdem cap. 15. anno pri Ed. 6. cap. 12. ann 2. eiusdem cap. 2. cap. 33. anno 5. eiusdem cap. 10. See Abiuration Salarie salarium is a recompence or consideration made to any man for his paines or industry bestowed vpon another mans busines So called as Pliny saith qui tam necessarium quam sal homini The word you haue anno 23. Ed. 3. ca pri Salmon pipe anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish Sandall anno 2. Rich. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kinde of wood brought out of India For Sandal in French so signifieth and in latine it is called Santalum Sarcling time or time of sarcling Seemeth to be all one with hey seele Or the time when the country man weedeth his corne And it proceedeth from the latine sarculare to rake or weed Or from the French Sarcler which hath all one signification Sarpler Sarplera lanae is a quantitie of woll This in Scotland is called Serplathe and conteineth fourescore stone for the Lords in the counsell in anno 1527. decreed foure serpliathes of packed wolle to containe 16. score stone of woll by the trafique of Merchants now vsed The Merchants vse to fraught for their goods to FlauÌ„ders by the Sack to Fraunce Spaine and England by the Tunne and to Dansken and the Easter seas by the SerpliaÌ„the Skene de verbo significatione verbo Serpliathe with vs in England a loade of wolle as I haue beene informed consisteth of 80. todde each todde consisting of two stone and each stone of 14. pound And that a Sack of wolle is in common accoumpt equall with a load and a Sarpler otherwise called a pocket is halfe a Sack Further that a packe of wolle is a horse loade which consisteth of 17. stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the peny sterling which weigheth 32. wheate cornes of the middle sort and that 2. of those pence make an ounce and 12. ounces a pound in weight or 20. shillings in number and that 8. pound of wheat maketh a ialon or a galon as we now call it and eight galons a bushell and 8. bushels a common quarter Also that 15. ounces of the quantitie aforesaid doe make a merchants pounde And that 12. such pound and a halfe make a stone and that 14. stone make a waigh and that two waighes or 28. stone make a sack of wolle which ought to waigh a quarter of wheate and that 12. sacks make a last So that a waigh and a sarpler seemeth to be all one but that the sarpler is the case and the weigh respecteth the quantitie of the wolle it selfe And that a loade and a sacke is all one Saunkfin is a pharse vsed by Britton cap. 119. for the determination or finall end of the lineall race or discent of a kindred It seemeth to come from the French Sang. i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man hauing made default in court commeth afterward and alleadgeth good cause why he did it as imprisonment at the same time or such like Newe booke of Entries verbo Sauer de default Saulfe conduict Salvus conductus is a security giuen by the Prince vnder the broad seale to a straunger for his quiet comming in and passing out of the Realme touching which you may see the statuts anno 15. H. 6. cap. 3. anno 18. eiusdem ca. 18. anno 28. H. 8. cap. pri The forme of this see in the Register originall fol. 25. Stawnford was a man very learned in the common lawes of the land wherein he wrote 2. bookes one termed the plees of the Crowne the other the Princes prerogatiue He florished in the daies of Ed. the sixth and of Queene Mary being in Queene Maries daies a Iudge and knighted Scandalum Magnatum is the especiall name of a wrong done to any high personage of the land as Prelates Dukes Earles Barons and other Nobles and also of the Chanceler treasurer clerk of the priuy seale steward of the kings house Iustice of the one bench or of the other other great officers of the realm by false news or horrible false messages whereby debates and discords betwixt them and the commons or any scandall to their persons might arise anno 2. R. 2. cap. 5. Scauage otherwise called Shewage is a kind of tolle or custome exacted by Maiors Shyreeue and Baylifs of Cities and Borough townes of Merchants for wares shewed to be soulde within their precincts which is forbidden by the statute anno 19. H. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shewe whence is the word Sceaw-stowe a theater or shew place a beholding place M. Verstegan in his restitution of decayed intelligences litera S. Scire facias is a writ Iudiciall most commonly to call a man to shew cause vnto the Court whence it is sent why execution of a Iudgement passed should not be made This writ is not graunted before a yeare and a day be passed after the Iudgement giuen ould nat br fol. 151. Scire facias vpon a fine lieth after a yeare and a day from the fine levied Otherwise it is all one with the writ hababere facias seisinam West part 2. simb titulo fines sect 137. See an 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ which reade See also the newe booke of Entries verb. Scire facias Scyra Camd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French eseot i. symbolum Rastall saith it is a certaine custome or common tallage made to the vse of the Shyreeue or his Baylifes Saxon in his description of England cap. 11. saith thus Scot a gadering to worke of Bailes what he meaneth God knoweth I thinke the place is corruptly printed Scot saith M. Camden out of Mathewe of Westm illud dicitur quod ex diuersisrebus in vnum aceruum aggregatur In the lawes of William the Conquerour set forth by M. Lamberd fol. 125. you haue these words Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt ane hlote aue scote persolâ—antur secundum legem Anglorum Scot and Lot anno 33. H. 8. ca. 19. signifieth a custumary contribution laid vpon all subiects after their hability Roger Houeden writeth
of common-plees where the common lawe of England is most strictly obserued These are made by the Kings mandat or writ directed vnto them commaunding them vpon a great penaltie to take vpon them that degree by a day certaine therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to pleade for him in all his causes as namely in causes of treason pl. cor lib. 3. cap. prim And of these there may be more if it so please the King This is called in other Kingdomes Aduocatus Regius Cassan de consuet Burgund pag. 850. With what solemnitie these Sergeants be created reade Fortescue cap. 50. This word Sergeant seemeth to be vsed in Brition for an Officer belonging to the Countie who in his first chapter speaking of Appeales made before the Corones hath these words in effect And then let the Coroner cause his appeale to be entred and the names of his sureties And afterward let commaundement be giuen to the Sergeant of the countrie where the felonie was committed that he haue the bodie of the persons appealed at the next Countie And it is probable that this officer was all one with him whom Bracton in his fifth booke cap. 4. num 2. calleth Seruientem Hundredi of whome he hath these words Post probationem defaltae faciet seruiens Hundreds incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in auncient time was called the Bayliffe of the Hundred who as is declared in Baylife had the like authoritie in his Hundred that the shyreeue had in the Countie though inferiour to him and to be controlled by him as appeareth by diuers auncient presidents set downe by Kitchin in his tractat of Returns in Court Hundred Court Baron c. I read also in Bracton lib. 3. tractat 2. ca. 28. Of the Kings Sergeant who is like to be also an officer in the County in these words speaking of a woman ranished and what shee ought to doe for the persuite of the Rauisher sic ire debet ad praepositum Hundredi ad seruientem Domini Regis ad coronatores ad vice-comitē ad primū comitatū faciat appellū suum And againe eod li c 32. in these words si sine secta cognouerit se inde esse latronem coram vicecomite vel coronatore vel seruiente Domini Regis c. And againe lib. 5. tractat 3. cap. 4. nu 8. in these words Quid si seruiens Domini Rogis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this terme was generall to the Shyreeue Coroner and Bayliffes of Counties who in his sixth booke cap 3. § 1. hath these worde Cum quis igitur senserit dominum suum vel curiam suam sibi de recto defecisse tunc ostenso hoc vicecomiti statim praecipiat balliuo Hundredi vel itineranti vel alteri seruienti Regis quòd assumptis sibi liberis legalibus hominibus de vicineto illo ad curiam illius domini si quem habuerit accedat c. And to helpe this probability I finde that the steward of a maner is termed seruiens manerii Coke Vol 4. Copyhould cases fo 21. a. Then is there a Sergeant at armes seruiens ad arma whose office is to attend the person of the King anno 7. H. 7. ca. 3. to arrest traitours or men of worth or reckoning that doe or are like to contemne messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in Iudgement vpon any Traytour and such like pl cor lib. 3. cap. pri Of these by the statute anno 13. R. 2. cap. 6. there may not be aboue thirtie in the Realme This sort is called del espee In the custumary of Nor. ca. 5. which read There be also some two of these Sergeants of the Parlament one for the vpper another for the lower house whose office seemeth to serue for the keeping of the doores and the execution of such commaundements especially touching the apprehension of any offender as either house shall thinke good to inioyne them See Cromptons Iurisdictions fol. nono See also Vowels aliâs Hookers booke of the order of the Parl. There is one of these that belongeth to the Chauncery who is also called a Sergeant of the Mace as the rest may be because they cary Maces by there office He of the Chauncery attendeth the Lord Chaunceler or Keeper in that court for the meanes to call all men into that court is either by this officer or by sub poena West pa. 2. sym tit Chauncery Sect. 17. Then be there sergeants that be the chiefe officers in their seuerall functions within the kings houshould which be chiefe in their places of which sort you may read many named in the statute anno 33. H. 8. ca. 12. There is also a more base kinde of sergeant of the Mace whereof there is a troupe in the City of London and other townes corporate that serue the Maior or other head officer both for mesniall attendance and mater of Iustice Kitchin fol. 143. And these are called Seruientes ad clauā New book of Entries ver scire facias in Mainperners f. 538. c. 3. Sergeantie Seriantia commeth of the French Sergeant i. satelles fignifieth in our cōmō law a seruice due to the King frō his tenēt holding by such seruice For this seruice cannot be due to any L. from his Tenēt but to the King onely And this is either grand or petit as you shall find at large set downe in Chivalrie Of this also you may read Bra l. 2. c. 16. c. 37. n. 5. 4. Brit. c. 66. n. 1. 2. See Seruice M. Skene de ver signifi calleth this Sergeanterie defining and diuiding it as we doe in England Servientibus are certaine writs touching seruants and their Masters violating the statutes made against their abuses which see in the Regist orig fol. 189. 190. 191. Service seruitium though it haue a generall signification of dutie toward them vnto whome we owe the performance of any corporall labour or function yet more especially in our common lawe it is vsed for that seruice which the tenent by reason of his see oweth vnto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Seruitium est munus obsequii clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. § 8. It is sometime called seruage as anno i. R. 2. cap. 6. This seruice is either militarie and noble commonly called Knights seruice or clownishe base commonly called socage of both which reade Chiualry as also socage and Bracton lib. 2. cap. 16.
Scutagium aut servitium regale licet ad vnum obulum vel seriantiam illud poterit dici feudum militare This free Soccage is also called common Socage anno 37. H. 8. cap. 20. Soccage in base tenure or villanum Soccagium is diuided againe in villanum Soccagium purum villenagium Villanum Soccagium est illud de quo fit certum seruitium idque ratione sui tenemēti non personae suae Purum villenagium est illud in quo praestatur seruitium incertum indeterminatum vbi sciri non poterit vespere quale seruitium fieri debet mane viz. vbi quis facere tenetur quicquid ei praeceptum fuerit Bracton lib. 2. cap. 8. num 3. The old nat br fol. 94. maketh three parts of this diuision viz. Soccage of free tenure Soccage of auncient tenure and soccage of base tenure soccage of free tenure is as the booke saith where a man holdeth by free seruice of 12. pence by yeare for all maner of seruices or by other seruices yearely Soccage of auncient tenure is of land of auncient Demesn where no writ originall shall be siewed but the writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hould in Soccage and may haue none other writ but the Monstraverunt and such Sockmen hould not by certaine Seruice And for that are they not free Sockmen Then againe Soccage is diuided into soccage in cheife and common soccage Soccage in cheife or in capite is that which holdeth of the King as of his Crowne Praerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or maner Ibidem Burgage is also a kinde of Soccage See Burgage Sockmans Sockmanni are such tenents as hould their lands and tenements by Soccage tenure And accordingly as you haue 3. kinds of Soccage soe be there 3. sorts of sockmans as sockmans of frank tenure Kitchin fol. 81. sockmans of anncient Demesn ould nat br fol. 11. and Sockmans of base tenure Kitchin vbi supra But the tenents in auncient Demesn seeme most properly to be called Sockmans Fitzh na br f. 14. B. Brit. c. 66. n. 2. Soke anno 32. H. 8. cap. 15. cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus lib. 1. cap. 47. § Soke See Roger Houeden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Register originall fol. 1. a. Sokereue seemeth to be the Lords rent gatherer in the Soke or Soken Fleta lib. 2. cap. 55. in principio Sole tenent Solus tenens is he or shee which holdeth onely in his or her owne right without any other ioyned For example if a man and his wife hould land for their liues the remainder to their son here the man dying the Lord shall not haue Heriot because he dieth not sole tenent Kitchin fol. 134. Solicitour Solicitator commeth of the French Soliciteur It signifieth in our commō law a man imploied to folow suites depending in law for the beter remembrance and more case of Atturnies who commonly are so full of clients and busines that they cannot so often attend the seriants and counsellers as the case may require Solet Debet See Debet solet Solidata terrae see Farding deale of land Sollace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our common law as much as vocatio in ius or citatio among the Ciuilians And thence is our word somner which in French is semonneur i. vocator monitor The Custumary of Normandie for our sommons hath semonse ca. 61. summons of the Exchequer anno 3. Ed. pri ca. 19. anno 10. eiusdem cap. 9. How summons is diuided and what circumstances it hath to be obserued See Fleta lib. 6. cap. 6. 7. Solutione feodi militis Parlamenti and solutione feodi Burgen Parlamenti be writs whereby Knights of the Parlament may recouer their allowance if it be denyed anno 35. H. 8. ca. 11. Sontage Stow. pag. 284. is a taske of fourty shillings laid vpon euery Knights fee. Sorting Kerseies 3. Iacobi ca 16. Sothale is a kinde of intertainment made by Bayliffes to those of their Hundreds for their gaine Which sometime is called Filctale Of this Bracton lib. 3. tracta 2. cap. pri hath these words De Balliuis quifaciunt ceruisias suas quas quandoque vocant sothale quandoque Filctale vt pecunias extorque ant ab eis qui sequntur Hundreda sua Baliuas sitas c. I thinke this should rather be written Scotale See Scotale Southvicont Subvicecomes is the vnder Shyreeue Cromptone Iurisdict fol 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their art signifiing so much as to be leuiable or possible to be gathered or collected For example estreats that sowne not are such as the Shyreeue by his industry cannot get and estreats that sowne are such as he can gather anno 4. H. 5. ca. 2. Speaker of the Parlament is an officer in that high Court that is as it were the common mouth of the rest and as that honourable assembly consisteth of two houses one called the higher or vpper house consisting of the King the nobility and Kings councell especially appointed for the same the other termed the lower or commonhouse containing the Knights of the Shires the citizens barons of the cinque ports and the burgeses of borough townes so be there also two speakers one termed the Lord speaker of the higher house who is most commonly the Lord Chaunceler of England or Lord Keeper of the great seale the other is called the speaker of the lower house And the duties of these two you haue perticularly described in M. Vowels aliâs Hookers booke intituled The order and vsage of keeping the Parlament Speciall mater in euidence See Generall issue And Brooke titulo Generall issue and speciall euidence Spiritualties of a Bishop spiritualia Episcopi be those profits which he receiueth as he is a Bishop and not as he is a Baron of the Parlament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefite growing from ordering and instituting Priests prestation money that subsidium charitatiuum which vppon reasonable cause he may require of his Clergie Iohannes Gregorius de Beneficiis cap. 6. num 9. and the Benefite of his Iurisdiction Ioachimus Stephanus de Iurisd lib. 4. cap. 14. num 14. for these reckoneth exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem subsidium charitatiuum celebrationem synodi collationem viatici vel commeatus cùm Episcopus Romam proficiscitur ius hospitii Litaniam Processionem Spikenard spica nardi vel nardus is a medicinall herbe whereof you may for your farder instruction
reade Gerards Herball lib. 2. cap. 425. The fruite or eare of this for it bringeth forth an eare like Lauender is a drugge garbleable anno 1. Iacob cap. 19. Spoliation spoliatio is a writ that lyeth for an incumbent against another incumbent in case where the right of patronage commeth not in debate As if a Parson bee made a Bishop and hath dispensation to keepe his Rectorie and afterward the patron present another to the Church which is instituted and inducted The Bishop shall haue against this incumbent a writ of spoliation in Court Christian Fitz. nat br fol. 36. see Beneuolence Squalley anno 43. Elizab. cap. 10. Squyers See Esquires Stablestand is one of the foure Euidences or presumptians whereby a man is convinced to intend the stealing of the Kings Deere in the Forest Manwood parte 2 of his Forest lawes cap. 18. num 9. the other three be these Dogdrawe Backbeare Bloudie-hand And this stablestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoote at any Deere or with a long bowe or else standing close by a tree with Greyhounds in a lease ready to slippe Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. anno 17. eiusdem cap. 9. Stallage stallagium commeth of the French Estaller i. merces exponere expedire explicare It signifieth in our common law money payed for pitching of stalles in Faire or Market See Scavage This in Scotland is called stallange Skene de verbor signif verbo Stallangiatores And among the Romaines it was termed Siliquaticum à siliqua primo minimo omnium pondere apud illam nationem Stannaries stannaria commeth of the Latine stannum i. tynne signifying the Mines and workes touching the getting and purifying of this mettall in Cornewall and other places Of this read Camden Britan. pa. 119. The liberties of the stannarie men graunted by Ed. 1. before they were abridged by the statute anno 50. Ed. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that towne or citie whether the Merchants of England by common order or commandement did carie their wolles wol-fels cloathes lead and tinne and such like commodities of our land for the vtterance of them by the great The word may probably be interpreted two wayes one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamb. in his duties of Constables num 4. because the place is certaine and setled and againe from the French estape i. forum vinarium because to those places whether our English Merchants brought their commodities the French would also meete them with theirs which most of all consisteth in wines but I thinke this latter the truer because I finde in the Mirrour of the world written in French these words A Calais 〈◊〉 auoit Estape de le laine c. Which is as much to say as the staple for wols c. You may read of many places appointed for this staple in the statutes of the land according as the Prince by his Councell thought good to alter them from the second yeare of Ed 3. cap. 9. to the fifth of Edw the sixth cap 7. what officers the staples had belonging to them you may see anno 27. Ed. 3. stat 2. ca. 21. Starre chamber Camera stellata is a Chamber at Westminster so called as Sir Tho. Smith coniectureth lib. 2. cap. 4. either because it is full of windowes or because at the first all the roofe thereof was decked with Images of guilded starres And the later reason I take to be the trewer because anno 25. H. 8. ca. 1. It is written the Sterred Chamber In this Chamber euery weeke twice during the terme and the very next day after terme is there a Court held by the Lord Chaunceler or Keeper and other honourable personages of the Realme This Court seemeth to haue taken beginning from the statute anno 3. H 7. ca. pri Whereby it is ordained that the Lord Chaunceler and Treasurer of England for the time being and the Keeper of the Kings priuy seale or two of them calling to them a Bishop and a temporall Lord of the Kings most honourable Councell and the two cheife Iustices of the Kings Bench and common place for the time being or other two Iustices in their absence should haue power to call before them and punish such misdoers as there be mentioned The faults that they punish be Routes Riots Forgeries Maintenances Embraceries Periurics and such other Misdemeanures as are not sufficiently prouided for by the common law It appeareth both by Sir Tho Smith lib. 2. de Rep Anglo cap. 4. and by experience also that at this day the whole number of the Princes most honourable priuy Councell and such other Barons spirituall or temporall as be called thither by the Prince haue place in this Court with those aboue named Of this Court thus speaketh M. Gwin in the preface to his readings It appeareth in our bookes of the termes of K. Edward 4. And of the report of cases hapning vnder the vsurpation of Richard the third that sometime the King and his Councell and sometime the Lord Chaunceler and other great personages did vse to sit iudicially in the place then and yet called the Starre Chamber But for as much as be like that assembly was not ordinary therefore the next Kings Henry the seuenth and his some H. 8. tooke order by two seuerall lawes viz. 3. H. 7. ca. pri 21. H. 8. ca. 2. That the Chaunceler assisted with others there named should haue power to heare complaints against Retainours Embraceours misdemenures of officers and such other offences which through the power and countenance of such as do commit them do lift vp the head aboue other faults and for the which inferiour Iudges are not so meete to giue correction And because that place was before dedicated to the like seruice it hath bene euer since also accordingly vsed Touching the officers belonging to this Court see Camden pag. 112. 113. Statute statutum hath diuers significations in our common lawe First it signifieth a Decree or act of Parlament made by the Prince and three estates which is the bodie of the whole Realme And though it borow the name from that kind of Decree which those cities that were vnder the Romaine Empire made for the particular gouernment of themselues ouer and aboue the vniuersall or common lawe of the Empire yet in nature it commeth nearest to that which the Romaines called legem for that as that was made by the whole people noble and ignoble so this is ordeined by those that represent the whole number both of prince and subiects one and other through the whole kingdome The difference neuerthelesse was this that Lex was offered to the consideration of the people by the Magistrate of the Senate or Consull but the bils or suggestions whence
Kings house anno 25. Ed. 3. statute 5. ca. 21. Stillyard Guilda Theutonicorum anno 22. H. 8. ca. 8. anno 32. eiusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almaine anno pri Ed. 6. cap. 13. Are wont to haue their aboade see Geld. It is so called of a broad place or courte wherein steele was much sould vpon the which that house is now founded Nathan Chitraens See Hawnse Stone of woll Petra lanae see weights See Sarpler It ought to weigh fourteene pounds yet in some places by custome it is more See Cromptons Iustice of peace fol. 83. b. Straife alias Stray See Estrae Straites anno 18. H. 6. ca. 16. Streme workes is a kinde of worke in the Stannaries for saith M. Camden titulo Cornwall pag. 119. Horum Stannariorum siue metallicorum operum duo sunt genera Alterum Lode-works alterum streme-works vocant Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur fluuiorum alueos subinde deflectunt illud in locis aeditioribus cùm in montibus puteos quos Shafts vocant in magnam altitudinem defodiunt cuniculos agunt These you may read mentioned anno 27. H. 8. ca. 23. Stirks Strip See Estreapement Stuard alias steward senescallus seemeth to be compounded of Steede and ward and is a word of many applications yet alway signifieth an officer of cheife accoumpte within the place of his sway The greatest of these is the Lord high Steward of England whose power if those antiquities be true which I haue read is next to the kings and of that heighth that it might in some sort match the Ephori amongst the Lacedemonians The custome of our commonwealth hath vppon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but onely for the dispatch of some especiall businesse at the arraignment of some Noble man in the case of treason or such like which once ended his commission expireth Of the high Steward of Englands Court you may reade Cromptons Iurisdiction fol. 82. I haue reade in an auncient manuscript of what credit I know not that this officer was of so great power in auncient times that if any one had sought iustice in the Kings court and not found it he might vpon complaint thereof made vnto him take those petitions and reseruing them to the next Parlament cause them there to bee propounded and not onely so but also in the presence of the King openly to rebuke the Chaunceler or any other Iudge or officer whom he found defectiue in yeelding iustice And if in case the Iudge or officer so reprehended did alledge that his defect grew from the difficultie of the case insomuch as he durst not aduenture vpon it then the case being shewed and so found the Lord steward together with the Constable of England there in the presence of the King and Parlament might elect 25. persons or more or fewer according to their discretion and the case or cases in question some Earles some Barons some Knights some Citizens and Burgesses which vpon deliberation should set downe what they thought iust and equal and their decree being read and allowed by Parlament did stand as a law for euer fardermore if the Chaunceler or other Iudge or officer could not well approue that the delay of iustice complained of grew from iust difficultie by reason that the case in question was formerly determined by lawe or statute then might the steward on the Kings behalfe admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parlament was wont to remoue him and assigne another of better hope to the place Lastly if the king had about him any such euill Counceller as aduised him to things vniust or vnanswerable to his Maiestie as tending either to the disherifon of the Crowne publike hurt or destruction of the subiect The office of the Steward was taking to him the Constable and other great men with some of the Commons and giuing notice to the King of their intention to send to that Counseler and will him to desist from misleading the king yea if need so required to charge him to stay no longer about him but to depart from the Court which if he neglected to performe then they might send to the King and will him to remoue him and if the king refused then they might take him as a publike enemie to the King and Realme seise on his goods and possessions and commit his body to safe custody vntill the next Parlament there to be Iudged by the whole kingdome examples are brought of Godwin Earle of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earle of the same County in the reigne of Henry the third and of Peter Gaueston in Edward the seconds daies But experience as I said hath found this officer more daungerous then profitable and therefore hath time taught though not wholly to suppresse him yet to limite him to particular occasion and to restraine his power Then is there the Steward of the Kings most honourable houshould anno 24. H. 8. cap. 13. whose name is changed to the name of great Master anno 32. eiusdem cap. 39 But this statute was repealed by anno prim Mar. 2. Parlam cap. 4 and the office of the Lord Steward of the Kings houshold reuiued where you may at large reade diuers things touching his office As also in Fitzh nat br fol. 241. B. Of this Officers auncient power reade Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33. H. 8. cap. 12. To be short this word is of so great diuersitie that there is not a corporation of any accompt or house of any honour almost through the realme but it hath an officer toward it of this name A steward of a maner or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienare It signifieth in our Language generally a man borne out of the land or vnknowne but in the lawe it hath an especiall signification for him that is not priuie or a party to an act as a Straunger to a iudgement oldna br fol. 128. is he to whome a iudgement doth not belong And in this signification it is directly contrarie to partie or priuie See Priuie Submarshall submarescallus is an officer in the Marshal sea that is deputie to the chiefe Marshall of the Kings house commonly called the Knight Marshall and hath the custody of the prisoners there Cromptons Iurisdict fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chauncerie vpon such case onely as the common lawe faileth in and hath not prouided
Idem eodem Tenent vpon sufferance Idem fol. 165. Tenent of state of inheritance Stawnf praerog fol. 6. Sometime they containe a relation toward the Lord of whom he houldeth as Tenent in cheife i. he that houldeth of the King in the right of his crowne Fitz. nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honour eodem Very tenent i. he that houldeth immediately of his Lord. Kitchin fol. 99. For if there be Lord Mesn and Tenent the Tenent is very Tenent to the mesn but not to the Lord aboue Tenent parauaile pl. cor fo 197. Fitzh nat br fol. 136. D. is the lowest tenent and fardest distant from the Lord Paramont It seemeth to be tenent per auaile See Diers commentaries fol. 25. nu 156. Noe tenent in right to the Lord but Tenent as for the avowrie to be made Litleton fol. 96. Sometime they haue a relation betweene Tenents and Tenents in seuerall kindes as ioynt tenents i. they that haue equall right in lands and tenements and all by vertue of one title Litleton li. 3. ca. 3. Tenents in common be they that haue equall right but hold by diuers titles as one or more by gift or descent and others by purchase Idem eod cap. 4. Particular tenent Stawnf praerog fol. 13. that is he which holdeth onely for his terme as tenent in dower tenent by the courtesie or otherwise for life West parte 2. symbol titulo Fines sect 13. G. See anno 32. H. 8. ca. 31. and Cooke in Sir William Pellams case lib. 5. fol. 15. a. they be termours for yeares or life See Plowden casu Colthirst fol. 23. b. Sole tenent Kitchin 134. i. he that hath none other ioyned with him If a man and his wife hold for both their liues and the man dyeth he dieth not sole tenent Idem eodem Seuerall tenent is opposite to ioynt tenents or tenents in common See Seuerall tenencie Tenent al praecipe is he against whom the writ Fraecipe is to be brought Cookes Reports lib. 3. the case of fines fol. 88. a. Tenent in demesn anno 13. Ed. 1. cap. 9. anno 32. H. 8. cap. 37. is he that holdeth the demeanes of a maner for a rent without seruice Tenent in feruice an 20. Ed. 1. stat pri is he that holdeth by seruice v. Britton cap. 79. in principie ca. 96. Car fealte c. vel quaere whether he may be termed tenent in demesne that holdeth some of the Demeanes howsoeuer and he tenent in seruice which is a freehoulder to a maner houlding by seruice for the free houlds of a manner are not accounted of the demesne but onely that which the Lord keepeth in his owne hand or letteth out by copie according to the custome of the maner Tenent by execution an 32. Henr. 8. cap. 5. is he that holdeth land by vertue of an exeution vpon any statute recognisance c. Tendeheved decanus vel caput decem familiarum of this see Roger Hoveden parte poster suorum annalium fol. 346. a. See Frank pledge Tenement Tenementum is diuersly vsed in the common lawe Most properly it signifieth a house or home stall but in a larger signification it is taken for either house or land that a man holdeth of another And ioyned with the adiectiue Frank in our lawyers French it conteineth generally lands or houses yea or offices wherein we haue estate for terme of life or in fee. And in this signification Kitchin fol. 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton vse it through his whole 27. chapter as also Bracton doeth the latine liberum tenentum lib. pri cap. 5. 6. and many other places Tenentibus in assisa non onerandis c. is a writ that lieth for him to whome a disseisour hath alienated the land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour haue wherewith to satisfie them him selfe Register orig fol. 214. b. Tenths Decimae is that yearely portion or tribute which all liuings ecclesiasticall doe yeeld to the king For though the Bishop of Rome doe originally pretend right vnto this revenewe by example of the high preist among the Iewes who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem yet Iread in our Chronicles that these were often graunted to the King by the Pope vpon diuers occasions sometime for one yeare sometime for more vntill by the statute anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown See Disms It signifieth also a taske leuied of the temporalty Holinshed H. 2. f. 111. Tenore indictamenti mittendo is a writ whereby the Record of an indictment and the proces thereupon is called out of another court into the chauncerie Register orig fol. 169. a. Tenure Tenura commeth of the Norman Teneure as appeareth by the Grand Custumarie cap. 28. where it is defined to this effect Tenure is the maner whereby tenements are houlden of their Lords What may make a tenure and what not see Perkins Reseruations 70. And in that chapter shall you finde the most of those tenures recited that be now vsually in England In Scotland I finde that there be foure maner of tenures which they call halding of land the first is pura eleemozina which is proper to spirituall men paying nothing for it but deuot a animarum suffragia the second they call Few or few ferme which houldeth of the King Church Barons or others paying a certaine duty called Feudi firma The third is a hould in Blench as they terme it by payment of a peny rose paire of guilt spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by seruice of ward and relieue where the heire being minor is in the gard or custody of his Lord togither with his lands c. And land houlden in this fourth maner is called there feudum de Hauberk or Haubert or feudum militare or feudum Hauberticum or feudum loricatum because it is giuen vpon condition that the vassall possessor therof shall come to the host with a lack or Haubert which is a coate of maile M. Skene de verb significa verbo Haubert Tenure in grosse is the Tenure in Capite For the Crowne is called a Seignory in grosse because it consisteth as a corporation of and by it selfe not tyed to any honour or maner See Cromptons Iurisd fol 206. See the new booke of Entries verbo Tenure Term Terminus signifieth with vs commonly the bounds and limitation of time as a lease for terme of life or terme of yeares Bracton lib. 2. cap. 6. nu 4. But most notoriously it is vsed for that time wherein the Tribunals or places of Iudgement are open to all that list to complaime of wrong or to seeke their right by course of law or
high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife her husband or when a secular or religious man killeth his prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed See Cromptons Iustice of peace And this maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum
lib. 2. cap. 41. § Item inquiratur 12. and Cromptons Iurisd fol. 194. in these words without warrant no subiect may haue within the Forest a vacarie But in the statute anno 37. H. 8. cap. 16. I finde vacharie to be as it were a speciall proper name of a certaine quantitie and compasse of ground within the forest of Ashedowne Valewe valentia valor The word is in it selfe plaine enough But I cannot omitte one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference betweene value and price These be his words And the value of those things in which offences are committed is vsually comprised in Inditements which seemeth necessary in thest to make a difference from perit larceny and in trespas to aggrauate the faulte and increase the fine But no price of rhings ferae naturae may be expressed as of deere of hares c. if they be not in Parks and warrens which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land And where the number of the things taken are to be expressed in the Inditement as of yong Doucs in a Doue house yong haukes in a wood there must be saide pretii or ad valentiam but of diuers deade things ad valentiam and not pretii of coine not current it shal be pretii but of coâ—ne current it shall neither be saide pretâ— nor ad valentiam for the price and value thereof is certaine But of counterfeit coine shall bee said ad valentiam and in couterfeiting of coine shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord hauing profered covenable mariage to the Infant without disparidgement against the Infant comming to his yeares if he refuse to take the Lords offer And it is to recouer the value of the mariage Regist orig fol. 164. old nat br fol. 90. Variance commeth of the French varier i. alter are it signifieth in the common lawe an alteration or change of condition after a thing done For example the communality of a towne make a composition with an Abbot Afterward this towne by a graunt from the king obteineth Bayliffes This is a variance and in this case if the AbbotcoÌ„mence any suite for breach of the composition he must varie from the words of the communalty set downe in the Composition and begin against the Bayliffes and the Communalties Brooke tit Variance fol. 292. It is also vsed for an alteration of some thing formerly laide in a plee which is easilier knowne what it is then when it may be vsed as it appeareth by Brooke through the whole title aforesaide See variance in the newe booke of Entries Vassall vassallus signifieth him that holdeth land in see of his Lord Hot. verbo Feudal we call him more vsually a tenent in fee whereof some owe fidelitie and seruice and are called vassalli iurati some that owe neither and are called vassalli iniurati But of this later sort I thinke that in England we haue not any Of these thus writeth Hotoman in his disputations vpon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accepit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est quasi qui in vassi fide clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is diuided into homologum non homologum Homologus is he that sweareth seruice with exception of a higher Lord and non homologus is he that sweareth with out exception all one with Ligeus And the same author verb. Vassallus saith that it is vassallus quasibassallus id est inferior soctus From the French bas i. humilis dimissus and the Dutch word gesel i. socius his reason is because the vassall is inferior to his master and must serue and reuerence him and yet he is in maner his companion because each of them is obliged one to the other He saith farder out of Cuiacius lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a litle after he saith thus In the lawes of the Feuds vassallus is called fidelis quia fidelitatem iurat Amongst vassals the first place of dignitie is giuen to them that are Duces Marchionâ—s Comites and are called Capâ—tanti Regni The second is granted to Barons and others of like estate and are called Valvasores Maiores The third to them who are called Gentlemen or Nobles holding of Barons which also may haue vnder them vassals that be Gentlemen And such vassals holding in chiefe of Barons are called Valv asoâ—ts minores And they which hold of Gentlemen are called vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called subvassores Thus faâ—e M. Skene Vasto is a writ that lyeth for the heire against the tenent for terme of life or of yeares for making waste or for him in the Reuersion or Remainder Fitzh 〈◊〉 br fol. 55. Regist orig fol. 72. 76. and Regist Iudic. fol. 17. 21. 23. 69. v. anno 6. Ed. pricap 5. Vavasour vavasor aliâs valvasor is one that in dignitie is next vnto Baron Camden Britan. pag. 109. Bracton lib. prim cap. 8 saith thus of this kind of men Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magnae dignitatis Vavasor enim nihil meliùs dici poterit quà m vas sortitum ad valetudinem Iacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them valvasores and giueth this reason of it Quia assident valva i. portae Domini in festis in quibus consueueruat homines curtizare eis reuerentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Britan. pag. 108. hath these words of them Primus etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores maiores si illis qui de feudis scribunt credimus iidem fuerunt Barones Venditioni exponas is a writ Iudiciall directed to the Vndershyreeue commaunding him to sell goods that he hath formerly by commaundement taken into his hands for the satisfying of a iudgement giuen in the kings Court Register Iudicial fol. 33. b. Venire facias is a writ Iudicall and goeth out of the Record lying where two parties plead and come to issue sc vpon the saying of the country For then the party plaintiffe or Defendant shall haue this writ directed to the Shyreeue that he cause to come twelue lawfull men
about the Kings court that boundeth the iurisdiction of the Lord Steward of the Kings houshold and of the the Coroner of the Kings house and that seemeth to haue bene 12. miles compasse anno 13. R. 2. Stat. prim cap. 3. Fitz. nat br fol. 241. B. and Britton fol. 68 b. 69. a. and Fleta lib. 2. cap. 2. and Sir Edward Cookes Reports li. 4. fol. 47. a. For this see the Statute anno 33. H. 8. cap. 12. toward the end But Fleta saith that this compasse about the Court is called virgata a virga quam Marishallus portat vt signū suae potestatis lib. 2. cap. 4. § prim Verge hath also another signification and is vsed for a sticke or rodde whereby one is admitted tenent and holding it in his hand sweareth fealtie vnto the Lord of a maner who for that cause is called Tenent by the verge old nat br fol. 17. Vergers virgatores be such as cary white wands before the Iustices of either banke c. Fleta lib. 2. cap. 38. otherwise called Porters of the verge Very Lord and very Tenent verus Dominus verus Tenens are they that be immediate Lord Tenent one to the other Brooke titulo Hariot fol. 23. In the old nat br and in the writ Replegiare de averits fol. 42. I find these words And know ye that in taking of leases six things are necessarie that is to say very Lord and very tenent Seruice behind the day of the taking seisin of the seruices and within his Fee And know ye that a man is not very tenent vntill he haue atturned to the Lord by some seruices So that by Brooke the very Lord and the very Tenent must be immediate and by this booke there must be an acknowledgement See an 19. H. 7. cap. 15. See Tenent Vert viride is made of the French verd i. viridis and signifieth with vs in the lawes of the Forest euery thing that doth growe and beare greene leafe within the Forest that may couer and hide a Deere Manwood in the second part of his Forest lawes fol. 6. a. and fol. 33. b. with whom also Crompton agreeth fol. 170. of his Iurisd And vert as the same author saith eodem fol. 34. is diuided into Ouer vert and Neather vert Ouer vert is that which the Lawyers call Hault bois and Neather vert is that which they cal South bois And of this you may reade him in his second part of Forest lawes cap. 6. per totum Where you shall find that he diuideth vert into generall and speciall Generall is as it is aboue defined vert speciall is euery tree and bush within the Forest to feed the Deere withall as Peare trees Crabtrees Hauthornes Blackbush and such like And the reason of this name is because the offence of destroying of such vert is more highly punished then of any other according to the quantity thereof eod ca. 6. nu 2. fol. 35. a. Vervise otherwise called Plonkets anno 1. R. 3. cap. 8. a kind of clothe Vesses anno 1. R. 3. cap. 8. anno 14. 15. H. 8. cap. 11. otherwise called Set clothes Vesture vestitura is a French word signifying a garment but in the vse of our common lawe turned metaphorically to betoken a possession or an admittance to a possession So it is taken Westm 2. c. 25. anno 13. Ed. prim And in this signification is it borowed from the Feudists with whom Investitura signifieth a deliuerie of possession by a speare or staffe and vestitura possession it selfe Hotoman in verbis feudal verbo Investitura Vesture of an acre of land an 4. Ed. prim stat prim is the profit of it anno 13. Edvard 1. cap. 25. Vice-treasurer of the Exchequer 1. Iacob 26. See Vnder-treasurer of England See Treasurer of the Exchequer View of frank pledge visus Franci plegii is the office which the Shyrecue in his Countie court or the Bayliffe in his Hundred performeth in looking to the Kings peace and seeing that euery free man be in some pledge This is called of Bracton li. 2. ca. 5. nu 7. in fine Res quasi sacra quia solam personam Regis respicit quòd introductus sit pro pace communi vtilitate codem ca. 16. nu 8. in fine See frank pledge and Leete and Decennier See the new booke of Entries verb view of frank pledge Veiours visores commeth of the French Veoyr i. cernere intueri despicere prospicere videre and signifieth in our common lawe those that are sent by the court to take view of any place in question for the beter descision of the right old nat br fol. 112. So doth Bracton vse it lib. 5. tract 3. cap. 8. per totum It signifieth also those that are sent to view such as essoine themselues de malo lecti whether they be in truth so sicke as they cannot appeare or whether they counterfeit Bracton lib. 5. tracta 2. cap. 10. cap. 14. per totum Lastly it is vsed for those that are sent or appointed to view an offence as a man murdered or a Virgin rauished See View Vicario deliberando occasione cuinsdam Recognitionis c. is a writ that lyeth for a spirituall person imprisoned vpon forfeiture of a Recognisance without the Kings writ Reg. orig fol. 147. See statuto mercatorio contra personam ecclesiasticam Vicis venellis mundandis is a writ that lyeth for a Maior and Bayliffes of a towne c. For the cleane keeping of their streets Register orig fol. 267. b. View visus commeth of the French veue i. visus aspectus conspectus prospectus and signifieth with vs the act of viewers For as the author of the Termes of lawe saith when any action reall is brought and the Tenent knoweth not well what land it is that the Demandant asketh then he may pray the view that is to say that he may see the land which is claimed of this Britton speaketh cap. 45. This point of proceeding we haue receiued from the Normans as it appeareth by the Grand custumarie cap. 66. where you shall reade to this effect It is to be knowne that there bee diuers sorts of viewes one of a fee another of a man in sicknes another of an offence as of a man slaine or of a Virgin deflowred all which he describeth in that place and againe cap. 80. 96. which are worth the reading this view at this day is vsed in an Assise of rent seruice rent charge or rent seck Fitzh nat br fol. 178. D. and in a writ de Curiā claudenda Idem fol. 128. B. In a writ of Nusance Idem fol. 183. L. N. O. In a writ Quoiure Idem fol. 128. L. In the writ de rationalibus diuisis Idem fol. 129. D. And in the writ de secta ad moliendinum Idēf 123. B. See the new booke of Entries verbo View and see Fleta how this view is made lib. 4. ca. 6. See Veiours Vicechamberlaine called
in the receipt that the Lord Treasurer doth He nominateth the two Praysers of all goods seised as not customed and ordereth whether the partie shall haue them at the price or not He appointeth the Steward Cooke and Butler for the prouision of the Starre-chamber But this Officer in other mens iudgment is farre more auncient then Henry the seuenths dayes yet named Treasurer of the Exchequer in the Statutes vntill Queene Elizabeths time where he is tearmed Vnder-treasurer of England Neuerthelesse anno 35 Eliz. he is also written Treasurer of the Exchequer Read the Statutes anno 18. Ed. 3. stat 2. cap. 17. 27. eiusdem Stat. 2. cap. 18. 1. Rich. 2. cap. 5. 4. Hen. 4. cap. 18. 8. H. 6. cap. 17. 27. H. 8. cap. 11. with diuers other places that seeme to approue this to be true Vnion vnio is a combining or consolidation of two Churches in one which is done by the consent of the Bishop the Patron and the Incumbent And this is properly called an Vnion Howbeit that there be two other sortes as when one Church is made subiect to the other and when one man is made Prelate of both and when a conuentual is made Cathedrall as you may reade in the Glosse of the chapter Licet De locato conducto in Lyndwoods Prouincials § Et quia versu Appropriationis Touching Vnion in the first signification there was a statute an 37. H. 8. cap. 21. that it should be lawfull in two Churches wherof the value of the one is not aboue sixe pounds in the Kings bookes of the first fruites and not aboue one mile distant from the other Vnion in this signification is personall that is for the life of the Incumbent or reall that is perpetuall whosoeuer be Incumbent Vnitie of possession is called consolidatio vsus fructus proprietatis in the Ciuill lawe signifying a ioynt possession of two rights by seuerall titles For example I take a lease of land from one vpon a certaine rent afterward I buy the Fee-simple This is an vnitie of possession wherby the lease is extinguished by reason that I which had before the occupation only for my rent am become Lord of the same and am to pay my rent to none but my selfe Also an Abbot being seated within a certaine parish afterward obtaineth an appropriation of the tythes belonging to that Church for the vse of his house Here is an vnity of possession by reason that the tythes which before were to be paid to the Incumbēt are now to be paid to none but himselfe by vertue of the appropriation Vniversitie Vniuersitas is by the Ciuill lawe any bodie politicke or corporation but in our language it is at the least most ordinarily taken for those two bodies that are the Nourishes of learning and the liberall Sciences Cambridge and Oxford endowed with great fauours and priuiledges for their beter maintenance as appeareth not onely by an 2. 3. Ph. Mar. c. 15. a. 13. El. c. 21. a. 18. eius c. 6. but much more by their seuerall charters graunted vnto them by diuers godly and magnanimous Kings of this land Vnlawfull assembly Illicita congregatio illicita assemblata is the meeting of three or more persons together with force to commit some vnlawfull act and abiding stil not indeuouring the execution thereof as to assault or beate any person to enter into his house or land c. West parte 2. symb titulo Inditements sect 65. M. Lam. in his Eirenarcha cap. 19. saith thus An vnlawfull assembly is the companie of three persons or more gathered together to do such an vnlawfull act although they do it not indeed So saith Kitchin in effect fol. 20. Vnques prist is word for word alwaies readie And it signifieth a Plee whereby a man professeth himselfe alway ready to do or performe that which the Demaundant requireth therby to auoide charges For example a woman sieweth the tenent for her Dower and he cōming in at the first day offereth to auerre that he was alway ready and still is to performe it In this case except the Demaundant will auerre the contrarie he shall recouer no dammages When this Plee will serue to auoide Charges and when not see Kit. fol. 243. See Vncore prist Voydance vacatio is a want of an Incumbent vpon a benefice and this voydance is double either in law as when a man hath more benefices incōpetible or indeed as when the Incumbēt is dead or actually depriued Brooke titulo Quareimpedit n. 51. Voucher Aduocatio is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby New booke of Entries verbo voucher voucher de garantie Brit. ca. 75. in latine Aduocatio ad war antizandum is a petition in court made by the Defendant to haue him called of whom he or his Auncester bought the land or tenement in question and receiued warranty for the secure inioying thereof against all men Britton of this writeth a long chapter vbi supra intituling it Garant voucher But Bracton writeth a large tractate of it lib. 5. tracta 4. per totum Litleton also handleth it not minsingly in the last chapter of all his Tenures Of this you may read Fitzh also in his nat br fol. 134. De warantia chartae All this law seemeth to haue bene brought into England out of Normandy For in the Grand Custumary you haue likewise a chapter intituled vouchement de garant cap. 50. id est vocamentum Garanti where it is set downe what time ought to be giuen for the appearance of the warrant called in this case how many warrants may be vouched one calling in another and diuers other points touching this doctrine All which and many more you may read in Bracton vbi supra A common voucher a double voucher Coke lib. 2. Sir Hughe Cholmleis case fol. 50. b. This is very aunswerable to the contract in the Ciuill lawe whereby the buyer bindeth the seller sometime in the simple value of the thing bought sometime in the double to warrant his secure enioying of the thing bought But this difference I find betweene the Ciuill lawe and ours that whereas the Ciuill lawe bindeth euery man to warrant the securitie of that which hee selleth ours doth not so except it be especially couenanted The party that voucheth in this case is called the Tenent the partie vouched is tearmed the Vouchee The writ whereby he is called is termed Summoneas ad warrantizandum And if the Shyreeue return vpō that writ that the party hath nothing whereby he may be summoned then goeth out another writ viz. Sequntur sub suo periculo See Termes of the lawe verbo Voucher And Lamb. in his Explication of Saxon wordes verbo Advocare See Warrantie I reade in the new booke of Entries of a forain voucher which hath place properly in some Franchise Countie Palatine or other where one voucheth to warrantie one not dwelling within the Franchise fol. 615.