of summs under forty shillings Crompton fol. 231. agreeth with him It is called a Justicies because it is a commission to the Sheriff ad Justiciandam aliquem to doe a man right and requireth no return of any certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. maketh mention of a Justicies to the Sheriff of London in a case of Dower See the new book of Entries Justicies Justification Justificatio is an upholding or shewing a good reason in Court why he did such a thing as he is called to answer as to Justifie in a cause of Replevin Broke titulo Replevin KE KEeper of the great Seal Custos Magni Sigilli is a Lord by his Office and called Lord-Keeper of the great Seal of England c. and is of the Kings privy Councel under whose hands pass all Charters Commissions and Grants of the King strengthened by the great or broad Seal Without the which Seal all such Instruments by Law are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmly but under the said Seal This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place authority preheminence Jurisdiction execution of Laws and all other Customes Commodities and advantages as hath the Lord Chancellor of England for the time being Keeper of the privy Seal Custos privati Sigilli is a Lord by his Office under whose hands pass all Charters signed by the Prince before they come to the broad or great Seal of England He is also of the Kings privy Councell He seemeth to be called Clerk of the privy Seal anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office by reason the Prince thinketh good rather to keep his Seal in his own hands and by private trust to commit it to his principal Secretary or some such one of his Councel 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 Chief Warden of the Forest Manwood parte prim of his Forest laws pag. 156. c. and hath the principal government of all things belonging thereunto as also the check of all Officers belonging to the Forest And the Lord Chief Justice in Eyr of the Forest when it pleaseth him to keep his Justice Seat doth forty daies before send out his general Summons to him for the warning of all under Officers to appear before him at a day assigned in the Summons This see in Manwood ubi supra KI King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifying him that hath the highest power and absolute rule over our whole Land and thereupon the King is in intendment of Law cleared of those defects that Common persons be subject unto For he is alwaies supposed to be of full age though he be in years never so young Cromptons Jurisdictions fol. 134. Kitchin fol. 1. He is taken as not subject unto death but is a Corporation in himself that liveth ever Crompton ibidem Thirdly he is above the Law by his absolute power Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws he do admit the three Estates that is Lords Spiritual Lords Temporal and the Commons unto Counsel yet this in divers learned mens opinions is not of constraint but of his own benignity or by reason of his promise made upon oath at the time of his Coronation For otherwise were he a Subject after a sort and subordinate which may not be thought without breach of duty and loyalty For then must we deny him to be above the Law and to have no power of dispersing with any positive law or of granting especial Privileges and Charters unto any which is his only and clear right as Sir Thomas Smith well expresseth lib. 1. cap. 3. de Repub. Anglica and Bracton lib. 2. cap. 16. num 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity except such as he bindeth himself by Oath not to forgive Stawnf pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua Bracton l. 2. c. 24. nu 1. And though at his Coronation he take an Oath not to alter the laws of the Land yet this Oath notwithstanding he may alter or suspend any particular Law that seemeth hurtfull to the publique Estate Blackwood in Apologia Regum cap. 11. See Oath of the King Thus much in short because I have heard some to be of opinion That the Laws be above the King But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which look 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 Testimony of any thing done in his presence is of as high nature and credit as any Record Whence it commeth that in all Writs or Precepts sent out for the dispatch of Justice he useth none other Witness but himself alwaies using these words under it Teste me ipso Lastly he hath in the right of his Crown many Prerogatives above any common person be he never so potent or honorable whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made anno 17 Ed. 2. though that contain not all by a great number What the Kings power is read in Bracton lib. 2. cap. 24. nu pri 2. King of Heralds Rex Haraldorum 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 Judgement Seat where the King of England was wont to sit in his own person and therefore was it moveable with the Court or Kings houshold And called Curia Domini Regis or Aula Râ—gia as Master Gwin reporteth in the Preface to his Readings and that in that and the Exchequer which were the only Courts of the King untill Henry the Thirds dayes were handled all matters of Justice as well Civil as Criminal whereas the Court of Common Plees might not be so by the Statute anno 9 H. 3. cap. 11. or rather by Master Gwins opinion was presently upon the grant of the great Charter severally erected This Court of the Kings bench was wont in ancient times to be especially exercised in all Criminal matters and Plees of the Crown leaving the handling of private contracts to the County Court Glanvil lib. 1. cap. 2 3 4 lib. 10. cap. 18. Smith de Repub. Anglicana lib. 2. cap. 11. and hath President of it the Lord
THE INTERPRETER OR BOOK CONTAINING The signification of WORDS Wherein is set forth the true meaning of all or the most part of such words and terms as are mentioned in the Law-Writers or Statutes of this victorious and renowned Kingdom requiring any Exposition or Interpretation A Work not only profitable but necessary for such as desire throughly to be instructed in the knowledge of our Laws Statutes or other Antiquities Collected by JOHN COWELL Doctor sometime the Kings Majesties Professor of the Civil Law in the University of Cambridge In Legum obscuritate captio LONDON Printed by F. Leach and are to be sold by Hen. Twyford Tho. Dring and Io. Place 1658. To his Reverend Father in GOD his especial good Lord THE LORD ARCHBISHOP OF CANTERBVRY Primate and Metropolitan of England and one of his MAJESTIES most Honourable Privie Councel AFter long deliberation I hardly induced my self to crave your gracious protection towards this simple work valuing it at so low a price as I think it hardly worth the respect of any grave man much lesse the favourable aspect of so honourable a personage Yet the remembrance of those your Fatherly provocations whereby at my coming to your Grace from the University you first put me upon these studies at the last by a kind of necessity inforced me to this attempt because I could not see how well to avoid it but by adventuring the hatefull note of unthankfulness For I cannot without dissimulation but confesse my self perswaded that this poor Pamphlet may prove profitable to the young Students of both Laws to whose advancement that way I have of late addicted mine endeavours else were I more than mad to offer it to the world and to offer it without mention of him that by occasioning of this good more or less deserveth the prime thanks were to prove my self unworthy of so grave advice And therefore howsoever I account this too much boldness in respect of the subject 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 well and cannot perform much must needs rejoyce at the good acceptance of that little which he performeth All I crave for this at your Graces hands is patience and pardon for this enterprise with the continuance of those your many favours that hitherto to my great comfort I have enjoyed And so my long observation of your judicious disposition having taught me what small delight you take in affected complements and verbal commendation without more words In all true humblenesse I beseech the Almighty long to continue your Grace in health and prosperity to his glory and the good of his Church Your Graces at all Commandement JO. COWELL To the Readers GENTLE Readers I here offer my self to your censures with no other desire than by you to be admonished of my faults For though I doe professe the amplifying of their works that have gone before me in this kind and have both gathered at home and brought from abroad some ornaments for their better imbellishing of our English Laws yet am I neither so vain as to deny my imperfections nor so passionate as to be offended at your charitable reformations Nay my true end is the advancement of knowledge and therefore have published this poor work not only to impart the good thereof to those young ones that want it but also to draw from the learned the supply of my defects and so by degrees if not my self to finish this model yet at least by the heat of emulation to incense some skilfuller Architect thereunto Yea I shall think my pains sufficiently recompensed if they may be found but worthy to stir up one learned man to amend mine errors The Civilians of other Nations have by their mutual industries raised this kind of work in their profession to an unexpected excellency I have seen many of them that have bestowed very profitable and commendable pains therein And Lastly one Calvinus a Doctor at Heidelberge like a laborious Bee hath gathered from all the former the best juyce of their flowers and made up a hive full of delectable honie And by this example would I gladly incite the learned in our Common Laws and Antiquities of England yet to lend their advice to the gaining of some comfortable lights and prospects towards the beautifying of this antient Palace that hitherto hath been accounted howsoever substantial yet but dark and melancholy Whosoever will charge these my travels with many oversights he shall need no solemn pains to prove them for I will easily confesse them And upon my view taken of this Book sithence the Impression I dare assure them that shall observe 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 Tully That as no mans errors ought to be followed because he saith some things well so that which a man saith well is not to be rejected because he hath some errors No man no Book is void of imperfections And therefore reprehend who will in Gods name that is with sweetnesse and without reproach So shall he reap hearty thanks at my hands and by true imitation of the most indicious that ever wrote more soundly help on this point of learning to perfection in a few months than I by tossing and tumbling my books at home could possibly have done in many years Experience hath taught me this in my Institutes lately set forth by publishing whereof I have gained the judicious observations of diverse learned Gentlemen upon them which by keeping them private I could never have procured By which means I hope one day to commend them to you again in a more exact purity and so leave them to future times for such acceptance as it shall please God to give them I have is some Towardnesse a Tract De Regulis Juris wherein my intent is by collating the cases of both Laws to shew that they both be raised of one foundation and differ more in language and terms than in substance and therefore were they reduced to one method as they easily might to be attained in a manner with all one pains But my time imparted to these studies being but stoln from mine employments of greater necessity I cannot make the hast I desire or perhaps that the discourse may deserve Wherefore untill my leisure may serve to perform that I intreat you lovingly to accept this One thing I have done in this Book whereof because it may seem strange to some I think to yeeld my reason and that is the inserting not only of words belonging to the art of the Law but of any other also that I thought obscure of what sort soever as Fish Cloath Stices Druggs Furrs and such like For in this I follow the example of our Civilians that have thought it their part to expound any thing they could meet with in
life anno 1. Ed. 2. stat 1. and also enableth him to contract and to deal by himself in all lawful causes appertaining unto his estate Which until that time he cannot with the security of those that deal with him This the Lomberds lettle at 18. years as appeareth by Hotemans disputations in libros feudorum l. 2. c. 53. ver decimo octavo anno Which power the Romans permitted not usque ad plenam maturitatem and that they limitted at 25. years lib. 1 in fine Ï€. de major 25. ann l. fin Co. de Legit. tit in principio titulo de curat in Institut The age of twelve yeares bindeth to appearance before the Sheriff Coroner for enquirie after Robberies ann 52. H. 3. cap. 24. The age of 14. yeers 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 minority having an action brought against him for lands comming to him by descent that the action may rest untill he come to his full age which the Court in most cases ought to yeeld unto This is otherwise in the Civill law which inforceth children in their minority to answer by their tutors or curatours Ï€. de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gist i. jacet having gisir in the Infinitive moode whence commeth the nown gisme a lying in childbed or rather of gister i. stabulari a word proper to a Deer cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit unde commoda propinqua sit pabulatio Budeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or if it may be probably deduced from the Saxon word Gast i. hospes It signifieth in our Common law to take in and feed the cattel of strangers in the Kings Forest and to gather the money due for the same to the Kings use Charta de foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem c. 8. Cromptons Jurisdict fo 146. These are made by the Kings Letters patents under the great Seal of England of whom the King hath four in number within every Forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these four points in agistando recipiendo imbrevitando certificando Manwood parte prima of Forest laws p. 336. 337. whom you may read more at large Their function is tearmed Agistment as agistment upon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or concord of more to one thing this by the Author of the new tearms of law is either executed or executory which you may read more at large in him exemplified by cases AY Ayde auxilium is all one in signification with the French ayde and differeth in nothing but the only pronunciation if we take it as it is used in our vulgar language But in the Common law 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 relief due to the Lord Paramount Glanvile li. 9. ca. 8. or for the making of his sonne Knight or the marying of his daughter idem eodem This the King or other Lord by the ancient Law of England might lay upon their Tenents for the Knighting of his eldest Sonne at the age of 15. yeers or the mariage of his daughter at the age of 7 yeers Regist orig fol. 87. a. and that at what rate themselves listed But Satute West 1. anno 3. Ed. 1. ordained a restraint for so large a demand made by common persons being Lords in this case and tyed them to a constant rate And the Statute made anno 25. Ed. 3. stat 5. ca. 11. provideth that the rate set down 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. cap. 10. This imposition seemeth to have descended to us from Normandie for in the grand custumary cap. 35. you have a Tractat intituled des aides chevelz i. de auxiliis capitalibus whereof the first is a faire l'aiâ—è 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 au Duc i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassan de consuet 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 deseis 131. where he calleth it adjutorium pro maritanda Filia Whence it appeareth that this custome is within the Kingdome of Naples also Touching this likewise you may read these words in Menochius lib. 2. de arbitrat Jud. quaest centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in corum ditionibus privilegia multasque cum locerum incolis conventiones inter quas illa una solet nominari ut possit Dominus collect am illis indicere pro solutione dotium suarum filiaruÌ„ cùm matrimonio collocantur Hoc aliquando Romae observatum à Caligula fuisse in illius vita scribit Suetonius cap. 42. Hodiè hic usus in subalpina regione est frequens ut scribit Jacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro una filia sed pluribus filiabus non tamen pro secundis nuptiis exigitur In which place the said author maketh mention of divers other Civilians and Feudists that record this custome to be in other places Of this Ayd our Fleta writeth thus sicut etiam quaedam consuetudines quae servitia non dicuntur nec concomitantia servitiorum sicut rationabilia auxilia ad filium primogenitum militens faciendum vel ad filiam primogenitam maritandam quae quidem auxilia sunt de gratia non de jure pro necessitate et indigentia domini capitalis Et non sunt pradialia sed personalia secundum quod perpendi poterit in brevi ad hoc proviso c. This word Ayd is also particularly used in matter of pleading for a petition made in court for the calling in of help from another that hath an interest in the cause in question and is likely both to give strength to the party that
d 14 b c. See Monstraverunt and Fitzherb fol. 14. and Dessendo quietum de telonio fol. 226. Fleta maketh three tenures holding of the Crown Ancient demeasne by Echeate and by Purchase lib. 1. cap. 2. See Demaine Auncient Demesn arere antiquum dominicum à retro is that auncient demeasn which the King granteth over to hold of a mannor Kitch fol. 67 b. Avowè Advocatus see Advowè Britton saith that Avowè is he to whom the right of Advowzen of any Church appertaineth so that he may present thereunto in his own name and is called Avowè for a difference from those that sometime present in another mans name as a Gardian that presenteth in the name of his Ward and for a difference also from them which have the lands whereunto an advowzen appertaineth but only for term of their lives or of yeers or by intrusion or Disseisin cap. 29. Avowrie see advowry Avoir du pois is in true French avoir du poix i. habere pondus aut justi esse ponderis It signifieth in our Common law two things first a kinde of weight diverte from that which is called Troy weight containing but twelve ounces to the pound whereas this containeth sixteen And in this respect it may be probably conjectured that it is so called because it is of more weight than the other Then also it signifieth such merchandise as are weighed by this weight and not by Troy weight as in the statute of York anno 9 Edw. 3. in proaem anno 27 Edw. 3. statut 2. cap. 10. anno 2 Rich. 2. cap. 1. See Weights Auxilium ad silium militem faciendum filiam maritandam is a Writ directed to the Sheriff of every County where the King or other Lord hath any Tenents to levy of them reasonable ayde toward the knighting of his son and the marriage of his daughter See Ayde and Fitzh Nat. Brev. fol. 82. B. BA BAcheler bachalaureus cometh of the French bachalier i. tyro and thereupon I think those that be called Bachelers of the companies in London be such of eath company as be springing towards the estate of those that be employed in councel but as yet are inferiors For every company of the twelve consisteth of a Master two Wardens the Livery which are assistants in matters of counsel or at the least such as the assistants be chosen out of and the Bachelers which are yet but in expectance of dignity among them have their function only in attendance upon the Master and Wardens I have read in an old monument this word Bacheler attributed to the Lord Admiral of England if he be under a Baron in French words to this effect And it is to weet that when the Admiral rideth to assemble a ship of war or other for the business and affairs of the realm if he be a Bacheler he shall take for his dayes wages 4 s. sterling if he bean Earl or Baron he shall take wages after the rate of his estate and degree This word is used an 13 R. 2. stat 2. cap. 1 and signifieth as much as Bacheler knight doth anno 3 Ed. 4. cap. 5. that is a simple knight not a knight baneret See Baneret Touching the farther etymologie of this word Bachalarii teste Renano à Bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur jam consecuti fuissent Ut fuerit velut quoddam mancipationis signum in hujusmodi aliquod studium baculi traditto Alciat writeth the word baccalaurei eosque dicit visos à baccâ laureâ nomen sumpsisse in l. cui praecipua 57 π. de verbo signif Backberond is a Saxon word and almost English at this day signifying as much as bearing upon the back or about a man Bracton useth 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 ubi latro deprehensus est seisitus de aliquo latrocinio sc haud habend backberend insecutus fuerit per aliquem cujus res illa fuerit lib. 3. tract 2. cap. 32. Master Manwood in the second part of his Forest laws noteth it for one of the four circumstances or cases wherein a Forester may arrest the body of an offender against vert or venison in the Forest For by the assise of the Forest of Lancaster saith he taken with the manner is when one is found in the kings forest in any of these four degrees sc Stable stand Dog draw Back bear and Bloody hand In which place you may find all these interpreted Badger cometh of the French bagage i. sarcina impedimentum It signifieth with us one that buyeth corn or victuals in one place and carrieth it into another See Cromptons Justice of Peace f. 69 70. Baye or Penne is a Pond head made up of a great height to keep in a great quantity or store of water so that the wheels of the furnace or hammer belonging to an iron mill may stand under them and be driven by the water coming out of them by a passage or floud-gate called the Penstock and falling upon the said wheels This word is mentioned in the statute an 27 Elizab. cap. 19. Bayl ballium plevina manucaptio commeth of the French bailler i. attribuere tradere tribuere It is used in our Common law properly for the freeing or setting at liberty of one arrested or imprisoned upon action either civil or criminal under surety taken for his appearance at a day and place certainely assigned Bracton lib. 3. tract 2. cap. 8. num 8 9. The reason why it is called Bayl is because by this means the party restrained is delivred into the hands of those that binde themselves for his forth-coming There is both common special bayl Common bayl is in actions of small pre judice or slight proof being called common because any Sureties in that case are taken wheras upon causes of greater weight or apparent specialty special bayl or surety must be taken as Subsidy-men at the least and they according to the value Master Manwood in his first part of Forest lawes pag. 167. maketh a great difference between Bayland Mainprise in these words and note that there is a great diversity between bayle and mainprise For he that is mainprised is alwayes sayd to be at large to go at his own liberty out of ward after that he is let to mainprise until the day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle by four or two men by the Lord chief Justice in the Eyre of the forest until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in ward or in
common consent in the Courts called birlaw courts In the which cognition is taken of complaints betwixt neighbour neighbour which menso chosen are Judges and Arbitratours to the effect aforesaid and are called birlaw men For bawr or bawrsman in Dutch is rusticus so birlaw or burlaw leges rusticorum Hitherto M. Skene Bilinguis though it signifie in the generality a double tongued man yet in our Common law it is used for that Jury that passeth between an English man and an alien Whereof part must be Englishmen and part strangers an 28 Ed. 3. cap. 13. Bille billa is diversly used among our Common lawyers First as West saith pa. 1. symb lib. 2. sect 146. it is all one with an obligation saving that when it is in English it is commonty called a bill and when it is in Latin an obligation But I hear other good Lawyers say that a bill though it be obligatory yet is without condition or forfeiture for non payment and that the obligation hath both Bill secondly is a declaration in writing that expresseth either the grief and the wrong that the complainant hath suffered by the party complained of or else some fault that the party complained of hath committed against some law or statute of the Common-wealth This bill is sometime offered up to Justices errants in the general assises sometime and most of all to the Lord Chancellor of England especially for unconscionable wrongs done sometime to others having jurisdiction accordingly as the law where upon they are grounded doth direct It containeth the fact complained of the dammages thereby suffered and petition of processe against the defendant for redresse West parte 2. Symbol titulo supplications sect 52. whom you may reade at large touching this matter Billa vera is as it were a word of art in our Common law For the grand enquest empaneled and sworn before the Justices in Eyre c. indorsing a bill whereby any crime punishable in that Court is presented unto them with these two words do signifie thereby that the present or hath furnished his presentment or denunciation with probable evidence and worthy of farther consideration And thereupon the party presented by the same bill is said to stand indicted of the crime and so tyed to make answer unto it either by confessing or traversing the indictment And if the crime touch the sife of the person indicted it is yet referred to another enquest called the enquest of life and death who if they find him guilty then he standeth convicted of the crime and is by the Judge to be condemned to death See Ignoramus see Indictment Billets of gold commeth of the French billot i. massa auri anno 27 Edw. 3. stat 2. ca. 14. Bynny peper anno 1 Jaco ca. 19. BL Black maile is half English half French For in French maille signifieth a small piece of money which we call a half peny It signifieth in the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresme a certain rate of money corn cattel or other consideration paid unto some inhabiting upon or near the borders being men of name and power allied with certain known to be great robbers and spoil-takers within the said Counties to the end thereby to be by them fteed protected and kept in safetie from the danger of such as doe usually robbe and steal in those parts anno 43. Eliz. cap. 13. Blacke rodde is the huissier belonging to the order of the Garter so called of his black rodd that he carrieth in his hand He is of the Kings chamber and also huissier of the parliament Blancks commeth of the French blanc i. candidus albus It signifieth a kind of coin that was coine in the parts of France by King H. the fifth that were subject to England the value whereof was eight pence Stowes annals pag. 586. These were forbidden to be current within this Realm an 2 H. 6. cap. 9. The reason why they were called blanks may be because at the time these were coined in France there was also a piece of gold coyned which was called a Salus of the value of twenty-two shillings from which this silver was in name distinguished by the colour Bloudy hand See Backberend Blomary is one of the forges belonging to an iron mill which also seemeth otherwise to be termed a Finary The use whereof if you will understand you must know that first there is a furnace wherein 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 unto Smiths 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 blown with bellowes made to goe by water are cast the said sowes of raw iron and melted again and by a workman called the finary man are wound and wrought round and afterward beaten by a hammer into â—ittle wedges about a yard long which are called bloomes Then is there another forge called the Hammer into which these bloomes are cast and by a workman called the Hammer man again chafed and made soft in a charcole fire blown likewise with bellowes caused to goe by water and after carried by the said Hammerman and put under the great Hammer also driven by the water And so the said bloomes are drawn fashioned and made into such barts of iron of divers sorts and forms as we see commonly sold Of this you may read in the Statute an 27 Elizab. ca. 19. See Baye Bloudwit blodwita is compounded of two Saxon words blout i. sanguis and wit for the which we have the word wite still in the West parts of England signifying a charging of one with a fault or an upbraiding And Speight in his expositions upon Chawcer saith that to twit is as much as to blame To twit in some other places of this land signifie has much as to hitt in the teeth or to upbraid This bloudwit is a word used in charters of liberties antiently graunted and signifieth an amercement for shedding of bloud So that whosoever had it given him in his Charter had the penaltie due for shedding of bloud granted unto him Rastal in his exposition of words Skene de verbo signif writeth it bludveit and saith that veit in English is injuria vel misericordia and that bludveit is an amercement or unlawe as the Scottishmen call it for wrong or injury as bloudshed is For he that is infest with bludveit hath free liberty to take all amercements of Courts for effusion of bloud Fleta saith quod significat quietantiam misericordiae pro effusione sanguinis li. 1. ca. 47. BO Bockland See Charterland See Copie-hold and Free-hold Bonis arrestandis is a writ for the which See Arrestandis bonis Bonis non amovendis is a writ to the Shyreevs of London c. to charge them that one condemned by judgement in an action and prosecuting a
writ of errour be not suffered to remove his goods untill the errour be tried Register orig fo 131. b. Borow burgus vel burgum may either come from the French burg i. pagus or from the Saxon borhoe i. vadium pignus It signifieth here in England a corporate Town that is not a City anno 2 Ed. 3. ca. 3. namely all such as send Burgesses to the Parliament the number whereof you may see in M. Cromptons jurisd fo 24. It may probably be thought that it was antiently taken for those companies consisting often families which were combined to be one anothers pledge or borhoe See Bracton li. 3. tractat 2. a. 10. See Headborow and Borowhead and M. Lamberd in the duties of Constables pag. 8. Lynwood upon the provinciall ut singula de censibus speak to this effect Aliqui interpretantur burgum esse castrum vel locum ubi sunt crebra castra vel dicitur burgus ubisunt per limites habitacula plura constituta Butthen setting down his own opinion he defineth it thus Burgus dici potest villa quaecuâ—que alia à civitate in qua est universitas approba ta And that he provethout of the 11. book of Justinians Codex tit de fund rei privatae 65. l. 6. ejus tituli where burgus is termed corpus Some derive it from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i turris see M. Skene de verbo sign verbo Borghe The late author M. Verstegan in his restitution of decayed intelligences saith that burg or burgh wherof we say yet Borough or Bourrow metaphorically signifieth a Town having a wall or some kind of closure about it also a Castle All places that in old time had among our ancestors the name of Borrough were places one way or other fenced or fortified Bordlands signifie the demesnes that Lords keep in their hands to the maintenance of their bord or table Bract. li. 4. tractat 3. ca. 9. nu 5. Borrowhead aliâs Headborow capitalis plegius by M. Lamberds opinion in his treatise of Constables is made up of these two words borhoe i. pledge and head and signifieth a head or chief pledge And in explication of this and other Saxon words of this nature he maketh an excellent rehearsall of some antient customs of England during the reign of the Saxons which you may read This borowhead in short was the head or chief man of the Decurie or Borhoe that there he speaketh of chosen by the rest to speak and to doe in the name of the rest those things that concerned them See Boron-holders Borow-holders allâs Bursholders be quasi borhoe calders signifying the same officers that be called borow-heads Lamb. in the duties of Caustables Bracton calleth them Borghio Aldere li. 3. tractat 2. ca. 10. Borow english is a customary descent of lands or tenements whereby in all places where this custome holdeth lands and tenements descend to the youngest sonne or if the owner have no issue to his youngest brother as in Edmuntan Kitchin fa 102. And the reason of this custome as Lutleton saith is for that the youngest is tresumed in law to bee least able to shift for himself Barow goods divisable I find these words in the Statute of Acton Burnal anno 11 Edw. 1. statuto unico and dare not confidently set down the true meaning of them But as before the Statute of 32. 34. H. 8. no lands were divisable at the Common law but in antient baronies so perhaps at the making of the foresaid Statute of Acton burnel it was doubtfull whether goods were devisable but in antient borrowes For it seemeth by the writ de rationabili parte bonorum that antiently the goods of a man were partible between his wife and children Bote signifieth compensation Lamb. explication of Saxon words Thence commeth manbote aliâs monbote that is compensation or amends for a man slain which is bound to another For farther understanding whereof it is to be seen in K. Inas laws set out by M. Lamberd ca. 96. what rate was ordained for the expiation of this offence See Hedgebote Plowbote Howsebote and read M. Skene de verbo signif verbo Bote. Boeiler of the King pincerua regis anno 43 Ed. 3. ca. 3. is an officer that provideth the Kings wines who as Fleta li. 2. ca. 21. saith may by vertue of his office out of every ship loaden with sale wines unum dolium eligere in prora navis ad opus regis et aliud in puppi et pro qualibet pecia reddere tantùm 20. solid mercatori Si autem plura inde habere volucrit bene licebie dum tamen precium fide dignorum judicio pro rege apponatur Bow-bearer is an under-officer of the Forest as M. Crompton in his jurisdict fo 201. setteth down sworn to the true performance of his Office in these words I will true man be to the Master Forester of this Forest and to his lieutenent and in the absence of them I shall truely oversee and true inquisition make as well of swornmen as unsworn in every bayliwick both in the North bayl and South bayl of this Forest and of all manner of trespasses done either to vert or venison I shall truly endeavour my self to attach or cause them to be attached in the next court Attachment there to be presented without any concealment had to my knowledge So help me God c. BR Bracton otherwise called Henry of Bracton was a famous Lawyer of this land renowned for his knowledge both in the Common Civill laws as appeareth by his book every where extant He lived in the dayes of Henry the third Stawnf praero f. 5. b. and as some say Lord chief Justice of England Bread of treate and bread of coker anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broad This word Bracton useth li. 3. wact 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there find word for word it is as we now speak two long and two broad or two in length or two in brea th Brevibus rotulis liberandis is a writ or mandat to a Shyreeve to deliver unto the new Shyreeve chosen in his room the County with the appertinances together with the rols briefs remembrances and all other things belonging to that office Register orig fo 295. a. Bribours cometh of the French bribeur i. mendicus It seemeth to signifie with us one that pilfreth other mens goods anno 28 Ed. 2. stat 1. ca. unico Brief breve cometh from the French bref ou breif i. brevis and in our Common law siggnifieth 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 commandeth any thing to be done for the furtherance of justice or good order The word is used in the Civil law sometime in the singular number and masculin gender
lawyers signifying him to whose use any other man is infeoffed in any Lands or Tenements See the new book of entries verbo uses and in Replevin fol. 508. colum 3. verbo Trespas fol. 606. fol. 123. a. b. colum 3. num 7. CH Chafe wax is an Officer in Chauncery that fitteth the wax for the sealing of the Writs such other instruments as are there made to be sent out This Officer is borrowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser i. sectari belluas apros cervos It signifieth two things in the Common Law First as much as actus in the Civil law that is a driving of cattel to or from any place as to chase a distress to a fortlet Old nat br fol. 45. Secondly it is used for a receit for Deer and wild beasts of a middle nature between a Forest and a Park being commonly lesse than a Forest and not endued with so many liberties as the Courts of attachment Swain mote and Justice seat and yet of a larger compas and stored with greater diversity both of keepers and wild beasts or game than a park And Crompton in his book of Jurisdictions fol. 148. saith that a Forest cannot be in the hands of a subject but it forth with loseth the name and becommeth a chase and yet fol. 197. he saith that a subject may be lord and owner of a Forest which though it seem a contrariety yet be both his sayings in some sort true For the King may give or alienate a Forest to a subject yet so as when it is once in the subject it leeseth the true property of a Forest because that the Courts called the Justice seat the Swain more and Attachment forthwith do vanish none being able to make a Lord chief Justice in Eyr of the Forest but the King as M. Manwood well sheweth parte 2. of his Forest Lawes cap. 3. 4. And yet it may be granted in so large a manner that there may be Attachment and Swainmote and a Court equivalent to a Justice seat as appeareth by him in the same chapter num 3. So that a Chase differeth from a Forest in this because it may be in the hands of a subject which a Forest in his proper true nature cannot and from a Park in that that it is not inclosed hath not onely a larger compasse and more store of game but of Keepers also and Overseers See Forest Chaleâ—ge calumnia cometh of the French chalenger i. sibâ— asserere is used in the Common law for an exception taken either against persons or things persons as in assise to the Jurors or any one or more of them or in a case of felony by the prisoner at the barre Smith de reâ— Angl. lib. 2. cap. 12. Briton cap. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration Old nat br fol. 76. Chalenge made to the Jurors is either made to the array or to the polles Chalenge to the array is when the whole number is excepted against as partially empaneled chalenge to or by the polle when some one or more are excepted against as not different Terms of the Law Chalenge to the Jurours is also divided into Chalenge principal and Chalenge per cause i. upon cause or reason Challenge principal otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the Law alloweth without cause alleged or farther examination Lamberd Eirena lib. 4. cap. 14. as a prisoner at the barr arraigned upon felonie may peremptorily chalenge to the number of 20. one after another of the Jurie empaneled upon him alleging no cause but his own dislike and they shall be still put off and new taken in their places But in case of high treason no challenge peremptorie is allowed anno 33 H. 8. cap. 23. Fortescue saith that a prisoner in this case may challenge 35 men c. 27. but that law was abridged by anno 25 H. 8. cap. 3. I cannot here omit to note some difference that in mine opinion I observe between Chalenge principal and Chalenge peremptorie finding peremptorie to be used only in matters criminal and barely without cause alledged more than the prisoners own phantasie Stawnf pl. cor fol. 124. but principal in civil actions for the most part and with naming of some such cause of exception as being found true the law alloweth without farther scanning For example if either party say that one of the Jurors is the son brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farther examination of the parties credit And how far this Chalenge upon children reacheth you have a notable example in Plowden casu Vernon against Manners fol. 425. Also in the plee of the death of a man and in every action real as also every action personal where the debt or dammages amount to 40 marks it is a good Chalenge to any man that he cannot dispend 40 shillings by the year of Free-hold anno 11 H. 7. cap. 21. and Terms of the Law verbo Chalenge The ground of this Chalenge you may see farther in Fleta lib. 4. cap. 8. Chalenge upon reason or cause is when the party doth allege some such exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Jurors as for example if the son of the Juror have married or espoused the daughter of the adverse party Terms of the Law ubi supra This Chalenge per cause seemed to be tearmed by Kitchin chalenge for favour fol. â—2 or rather Chalenge for favour is said there to be one species of Chalenge per cause where you may read what chalenges be commonly accounted principal and what not See the new book of Enteries 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. lib. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will never forgive him that first strook this blow at him Of Chalenge you may farther read Fleta lib. 1. cap. 32. § Ad quem diem seq Chamberdekins are Irish beggers an 1 H. 5. c. 8. Chamberer is used for a Chamber-maid an 33 H. 8. cap. 21. Chamberlain camerarius vel camberlingus cometh of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly used in our Cbronicles Laws and Statutes as Lord great Chamberlain of England Lord Chamberlain of the Kings house the Kings Chamberlain anno 13 Ed. 1. cap. 41. anno 17 R. 2. cap. 6. to whose office it especially appertaineth to look to the Kings chambers and wardrope and to govern the under ministers
Officers and usages be For of this thus writeth Boerius in his tract De authorit Magni Consilii nu 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum judicii tribunal hoc in regno sub Principe tamen nostro moder anti sigillum â— authenticum quo sine publicis patentibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Justiciarii quocunque nomine nuncupontur ac quavis authoritate fung antur co inferiores sant Et meritò Succedit enim in quaestoris locnm c. He that beareth this Magistracie is called the Chancellor of England anno 7 R. 2. c. 14. and by the Statute anno 5 Eliz. cap. 18. the Lord Chancellor and Keeper have all one power Nore farther that divers inferior Officers are called Chancellors as Chancellor of the Exchequer anno 25 H. 8. cap. 16. whose office hath been thought by many to have been created for the qualifying of extremities in the Exchequer He fâ—teth in the Court and in the Exchequer chamber and with the rest of the Court ordereth things to the Kings best benefit he is alwayes in commission with the Lord Treasurer for the letting of the Lands that came to the Crown by the dissolution of Abbeyes and hath by privie seal from the King power with others to compound for forfeitures of honds and forfeitures upon penal statutes He hath also much to do in the revenue come by the dissolution and first fruits as appeareth by the acts of uniting them to the Crown Chanchellor of the Dutchie of Lancaster anno 3 Ed. 6. cap. 1. anno 5 ejusdem cap. 26. whose office is principal in that Court to judge and determine all controversies between the King and his Tenents of the Dutchie land and otherwise to direct all the Kings affaires belonging to that Court. Chancellor of the Order i. of the Garter Stowes annals pag. 706. Chancellor of the University anno 9 H. 5. cap. 8. anno 2 H. 6. cap. 8. Chancellor of the Court of Augmentations anno 27 H. 8. cap. 27. anno 32. ejusdem cap. 20. anno 33. ejusdem cap. 39. Chancellor of the nâ—â—t truits anno 32 H. 8. cap. 45. Chancellor of Courts anno 32 H. 8. cap. 28. Chancellor of the Diocesse anno 32 H. 8. cap. 15. Chancerie Cancellaria is the Court of equity and conscience moderating the rigour of other Courts that are most straightly tyed to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Cromptons jurisd fol. 41. or else the Lord Keeper of the great Seal sithence the statute 4 Eliz. cap. 18. It taketh the name from the Chancellor as M. Cambden noteth in his Britannia pag. 114. in meo The Officers belonging to this Court are as is abovesaid the Chancellor or Keeper of the broad Seal twelve Masters of the Chancery whereof the Master of the Rolls is one and the chief the six Clerks the Examiners a Sergeant at Armes the Marshall and Crier of the Court the Clerks of the courts otherwise called Courseters the Clerks of the Pettie bagge the Clerk of the Crown the Clerk of the hanapar the protonotary or register the controller of the hanaper the Clerk of appeals the Sealer the Chafe-wax the Clerk of the faculties the Clerk of the patents Clerk of the statre chamber Clerk of presentations Clerk of dismission Clerck of licenses to alienate Clerks of the enrollements Clerk of the protections Clerk of the court of wards Clerk of the subpenaes which lee described in their places Chapel Capella cometh of the French chapelle i. aedicnla and is of two sorts either adjoyning to a Church as a parcel of the same which men of worth do build ut ibidem familiaria sepalchra sibi constituant to the use of the Romanes l. 5. Ï€. de religio or else separate from the mother Church where the Parish is wide and is commonly called a Chapel of ease because it is builded for the ease of one or more Parishioners that dwell over farre from the Church and is served by some inferior Curate provided at the charge of the Rector or of them that have benefit by it as the composition or custome is Whence the word is derived the Caronists differ in opinion Rebuffus de pacif possess num 104. saying that some take it à capiendo l. icos others à capra because it representeth those cottages which men wore wont to cover over with Goats skins Petrus Gregorius in suo syntagmate lib. 15. cap. 29. hath these words of this thing Capellanus a capella is capella cui praeficitur nominatur item ab officio sen bene ficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens landem vel secundùm praepositum à cappa Divi Martini aut à caprinis pellibus quibus olim altaria tegebaâ—tur secundùm Archidiacanum Arbitrarer à simplici tecto quo oratorium campestre operitur laeteribus undiquaque patentibus patulis Tectum enim Gallis simpliciter dicitur chapelle à capite Under formata aliqua aomina chape in cape c. Aut capella locus qui minor is spatii sit quà m ecclesia quod tot homines non capiat ut ecclesia Ita altare eapella est ca. quaesitum c. penult i. quaest 3. Jahan Aâ—draeas in cap. 1. de succes ab intesta praebenda cum onere quotidie celebrandi sacram lâ—turgiam ca. significatum 11. de praebend or atorium ca. authoritate de privilegiis in 6. quòd in eo loco orationes non aliae res profanae peragi debeant ca. pen. fina 42. distinct The same author in his book de beneficiis cap. 11. nu 10. hath these words Dâ—cti porrò primi tùs cappellant à cappa Sancti Martini quam Reges Francorum ob adjuratorium in praeliis solebant secum habere quam ferentes custodientes cum caeteris sanctorum reliquiis clerici capellani caeperunt vocari ut omnia refert Valafridus Strabo Abbas Augensis ca. fina de incrementis rerum ecclesiastica There is of these chapels one kind called a fâ—ee chapel which seemeth to be such as hath maintenance perpetual toward the upholding thereof and wages of the curate by some lands charitably bestowed on it without the charge of the Rector or Parish anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Chapellain capellanus is he that performeth divine service in a chapel and therefore in our Common law it iâ— used most ordinarily for him that is depending upon the king or other man of worth for the instruction of him and his family the executing of prayers and preaching in his private house where commonly they have a Chapel for that purpose as anno 21 H. 8. cap. 13. Where it is set down what persons may privilege one or mo Chaplains
English and the French word seemeth to come of Feriae because it is alwayes incident to the privilege of a Fair that a man may not be arrested or molested in it for any other debt than first was contracted in the same or at least was promised to be payed there anno 17 Ed. 4. cap. 2. anno 1 R. 3. cap. 6. Fair-pleading see Beaw-pleader Faitours seemeth to be a French word antiquated or something traduced For the modern French word is faiseur i. factor It is used in the Statute anno 7 R. 2. cap. 5. And in the evil part signifying a bad doer Or it may not improbably be interpreted an idle liver taken from faitardise which signifieth a kind of num 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 Vagabond Falk-land alià s Folk-land See Copy-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasseâ— committed against a man by imprisoning him without lawful cause it is also used for the Writ which is brought upon this trespasse Fitzh nat br fol. 86. K. 88. P. v. Broke h. t. See the new book of Entries verbo False imprisonnement Falso judicio is a Writ that lyeth for salse judgement given in the County Hundred Court Baron or other Courts being no Court of Record be the Plea real or personal Regist orig fol 15. Fitzh nat br f l. 17. See the new book of Entries verbo False judgement False prophecies See Prophecies Falso reâ—urno brevium is a Writ lying against the Sheriff for false returning of Writs Reg. â—â—dic fol. 43. b. Falsifie seemeth to signifie as much as to prove a thing to be false Perkins Dower 383 384 385. Farding or farthing of gold seemeth to be a Coyn used in ancient times containing in value the fourth part of a Noble viz. twenty pence silver and in weighth the sixth part of an ounce of gold that is of five shillings in silver which is three pence and something more This word is found anno 9 H. 5. statut 2. cap. 7. thus Item that the King do to be ordained good and just weight of the noble half noble and farthing of gold with the rates necessary to the same for every City c. By which place it plainly appeareth to have been a Coin as well as the noble and half noble Farding deal alià s Farundel of Land Quadrantata terrae signifieth the fourth part of an Acre Cromptons Jurisdict f. 220. Quadrantata terrae is read in the Regist. orig fol. 1. b. where you have also Denariata obolata solidata librata terrae which by probability must rise in proportion of quantity from the farding deal as an half penny penny shilling or pound rise in value and estimation then must obolata be half an acre denariata an acre solidata twelve acres and librata twelve score acres And yet I finde viginti libratas terrae vel reditus Register orig fol. 94. a. fol. 248. b. Whereby it seemeth that Librata terrae is so much as yeeldeth twenty shillings per annum and centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitzherb nat br fol. 87. f. I find these words viginti libratas terrae vel reditus which argueth it to be so much Lands as twenty shillings per annum See Furlong Fate or Fat is a great wooden Vessel which among Brewers in London is ordinarily used at this day to measure Mault by containing a Quarter which they have for expedition in measuring This word is read Anno 1 H. 5. cap. 10. anno 11 H. 6. cap. 8. FE Fealty Fidelitas cometh of the French feaulte i. fides and signifieth in our Common law an oath taken at the admittance of every 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 manner that any man in England under the King may hold Because all with us that have Fee hold per fidem fiduciam that is by fealty at the least Smith de Republ. Anglor lib. 3. cap. 8. for fidelitas est de substantia feudi as Duarenus saith de feud cap. 2. num 4. and Matthaeus de afflictis decis 320. num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of his oath as it is used among the Feudists you may read well expressed by Zasius in his Tractare de feudis parte 7. num 15 16. which is worth the comparing with the usual oath taken here in our part of Britanie This fealty is also used in other Nations as the Lombards and Burgundians Cassâ—nae us de consuet Burgund pag. 419 420. And indeed the very first creation of this Tenure as it grew from the love of the Lord toward his followers so did it bind the Tenent to fidelity 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. Wesenbecins in tract de feudis cap. 15. num 4. seq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hoteman in his Commentaries De verbis feudalibus sheweth a double fealty one generall to be performed in every subject to his Prince the other special required onely of such as in respect of their Fee are tyed by this oath toward their Land-lords both we may read of in the Grand Custumary 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 Unde tenentur sc ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec ejus inimic is praebere contra ipsum consilium vel juvamen 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 Unde nullus homagium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate Quod etiam est in eorum receptbone specialiter exprimendum Inter Dominos autem alios homines fides taliter debet observari quod neuter in personam alterius personâ—lem violentiam seu percutionis injectionem cum violentia debet irrogari Si quis enim eorum ex hoc fuerit accusatus in curia convictus feudum omne debet amittere c. This fealty special is with us performed either by Free-men or by Villains The form of both see anno 14 Ed. 1. stat 2. in these words When a Free-man shall do fealty to his Lord he shall hold
his right hand upon a book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall owe my fealty to you for the Land that I hold of you at the Terms assigned So help me God and all his Saints When a Villain shall do fealty unto his Lord he shall hold his right hand over the book and shall say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall owe you fealty for the Land that I hold of you in Vilienage and shall be justified by you in body and goods So help me God and all his Saints See the Regist. orig fol. 302. a. Fee Feodum aliàs Feudum cometh of the French fief i. praedium beneficiarum vel res cliextelaris and is used in our Common law for all those lands which we hold by perpetual right as Hotoman well noteth verb. Feodum de verbis feudalibus Our ancient Lawyers either not observing whence the word grew or at least not sufficiently expressing their knowledge what it signified among them from whom they took it Feudum whence the word Fief or Fee cometh signifieth in the German language beneficium cujus nomine opera quaedam gratiae testificandae causa debentur Hot. disput cap. 1. And by this name go all Lands and Tenements that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject do divide all Lands and Tenements wherein a man hath a perpetual estate to him and his Heirs c. into Allodium Feudum Allodium is defined to be every mans own land c. which he possesseth meerly in his own right without acknowledgement of any service or payment of any rent unto any other and this is a property in the highest degree and of some it is called Allaudium ab à privativa particula laudum vel laudatio ut sit praedium cujus nullus author est nifi deus Est enim laudare vel Novio teste nominare Quod Budaeus docuit ad Modestinum 1. Herennius 63. π. de haere institut Prataeus verbo Allaudium Hotoman in verb. feud Feudum is that which we hold by the benefit of another and in the name whereof we owe service or pay rent or both to a superior Lord. And all our land here in England the Crown-land which is in the Kings own hands in the right of his Crown excepted is in the nature of Feudum or Fee for though many a man hath land by descent from the Ancestors and many another hath dearly bought land for his money yet is the land of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed from him So that if we will reckon with our Host as the proverb is there is no man here that hath directum dominium i. the very property or demain in any Land but the Prince in the right of his Crown Cambd. Britan. pag. 93. for though he that hath Fee hath jus perpetuum utile domixium yet he oweth a duty for it and therefore is it not simply his own Which thing I take those words that we use for the expressing of our deepest rights 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 demain as of Fee Seisitus inde in dominico meo ut de feudo and that is as much as if he said it is my demain or proper land after a sort because it is to me and mine Heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the statut an 37 H. 8. c. 16. useth these words of lands invested in the Crown but it proceedeth from the ignorance of the nature of this word Fee for see cannot be without fealty sworn to a superiour as you may read partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman both in his Commentaries and Disputations And no man may grant that our King or Crown oweth fealty to any superior but God onely Yet it may be said that land c. with us is termed fee in two respects one as it belongeth to us and our Heirs for ever and so may the Crown-lands be called Fee the other as it holdeth of another which is and must be far from our Crown Britton c. 32. defineth fee to this effect Fee is a right consisting in the person of the true Heir or of some other that by just title hath purchased it Fletz saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis sive sit tenementum sive reditus qui non proveniunt ex camera alio modo dicitur feudum sicut ejus qui feoff at quod quis tenet ab alio sicut dicitur talis tenet de tali tot seuda per servitium militare lib. 5. cap. 5. § Feudum autem And all that write de feudis do hold that Feudataerius hath not an entire property in his fee Nay it is held by right learned men that these Fees were at the first invention or creation of them either all or some of them temporary and not perpetual and hereditary Jacobutius de Franchis in praeludio feud cap. 2. num 133. The divisions of fee in divers respects are many and those though little known to us in England yet better worthy to be known than we commonly think But for our present purpose it is sufficient to divide Fee into two sorts Fee-absolute otherwise called Fee-simple and Fee-conditional other-wise termed Fee-tail Fee simple Feudum simplex is that whereof we are seiled in these general words To us and our Heirs for ever Fee-tail Feudum taliatum is that whereof we are seised to us and our Heirs with limitation that is the Heirs of our body c. And Fee-tail is either general or special General is where land is given to a man and the Heirs of his body The reason whereof is given by Litleton cap. 2. lib. 1. because a man seised of land by such a gift if he marry one or more wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the land Fee-tail special is that where a man and his wife be seised of lands to them and the Heirs of their two bodies The reason is likewise given by Litleton in the same place because in this case the Wife dying without issue and he marrying another by whom he hath issue this issue cannot inherit the land being specially given to
The site of this College is the Castle of Windsour with the chapel of Saint George erected by Edward the Third and the Chapter house in the said Castle Howbeit the yearly Solemnity or Prfoession may be and is by the Soveraigns direction performed at the Court wheresoever it lyeth upon Saint Georges day Master Camden saith that this order received great ornament from Edward the fourth See M. Ferns glory of Generosity pag. 120. See Garter Hospinian in his book de origine progressu Monachatiu maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may read cap. 307. as also Bernardus Girardus in his historie lib. 15. cap. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a Sword in the ceremony of his creation Ferns glorie of generositie pag. 105. These are spoken of anno 8 Edw. 4. cap. 2. But I had an old Monument lent me by a friend whereby it appeareth that these knights were so called of a Bath into the which after they had been shaven and trimmed by a Barber they entered and thence the night before they were Knighted being well bathed were taken again by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and led through many solemn ceremonies viz. confessing their sins watching and praying all night in a Church or Chapel with many other to the order of knighthood the next day So that by the same reason these seemed to be tearmed knights of the Bath by which knights made out of the field in these dayes are called knights of the Carpet because in receiving their Order they commonly kneel upon a carpet Knights of the Order of S. John of Jerusalem Milites Sancti Johannis Hierosolumitani were otherwise called knights of the Rhodes beeing an Order of knighthood that had beginning about the year of the Lord 1120. Honorius then Pope of Rome Cassanaeus de Gloria Mundi parte 9. Consideratione 4. And Master Fern in his Glory of Generosity pag. 127. They had their primary foundation and chief aboad first in Hierusalem and then in Rhodes where many of them lived under their Principal called the Master of Rhodes untill they were expelled thence by the Turk Anno 1523. Siâ—hence which time their chief Seat is at Malta where they have done great exploits against the Infidels but especially in the year 1595. These though they had their beginning and especiallest aboad first at Hieruâ—alem and next in Rhodes yet they encreased both in number and Revenues living after the Order of Friers under the rule of Saint Augustine and were dispersed into France Spain Alverne Campany England and Ireland Of these mention is made in the Statute Anno 25 Her 8. cap. 2. and anno 26 ejusdem cap. secundo And it appeareth that they in England had one general Prior that had the government of the whole Order within England and Scotland Regist. orig fol. 20. b. But towards the end of Henry the eighths daies they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described you may read in the Treatise intituled the Book of Honor and Arms lib. 5. cap. 18. written by Master Richard Johnes Knights of the Rhodes anno 32 H. 8. cap. 24. See Knights of the Order of S. John Knights of the Temple otherwise called Templers Templarii was an Order of Knighthood created by Gelasius the Pope about the year of our Lord 1117. and so called because they dwelt in a part of the buildings belonging to Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pilgrims charitably and in their Armor led them through the Holy Land to view such things as there were to be seen without fear of Infidells adjoining This Order continuing and increasing by the space of 200 years was far spread in Christendom and namely here in England But at the last the chief of them at Hierusalem being as some men say found to fall away to the Sarazens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Edward the 1. daies and their substance given partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mundi parte 9. Consid 5. And see anno prim Edw. 1. cap. 24. Others write that in truth their destruction grew from leaning to the Emperour against the Pope of Rome whatsoever was pretended Joach Stephanus de jurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parliament and be two Knights or other Gentlemen of worth that are chosen in pleno Comitaâ—u by the Freeholders of every County that can dispend 40 shillings per annum and be resident in the Shire anno 10 H. 6. cap. 2. anno 1 H. 5. cap. 1. upon the Kings Writ to be sent to the Parliament and there by their Counsel to assist the common proceedings of the whole Realm These when every man that had a Knights fee were custumarily constrained to be a Knight were of necessity to be mlietes gladio cincti for so runneth the tenure of the writ at this day Crompton Jurisdict fo pri But now there being but few Knights in comparison of former times and many men of great livings in every County Custom beareth that Esquires may be chosen to this Office anno 23 H. 6. cap. 6. so that they be resident within the County anno H. 6. cap. 7. anno 1 H. 5. cap. prim For the observations in choise of these Knights see the Statutes anno 7 H. 4. cap. 15. anno 11 ejusdem cap. 1. anno 6 Hen. 6. cap. 4. anno 23 H. 6. ca. 15. and the new Book of Entries verbo Parliament nu 1. Their expences during the Parliament are born by the County anno 35 Hen. 8. cap. 11. Knight Marshal Marescallus hospitii regâ—i is an Officer in the King House having jurisdiction and cognisance of any transgression within the Kings House and Verge as also of Contracts made within the same House whereunto one of the House is a party Regist orig fo 185. a b. et fo 191. b. whereof you may there read more at large Knights fee feudum militare is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry thirds daies was 15 pounds Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres eodem But Sir Thomas Smith in his Repub Ang. li. prim cap. 18. rateth it at forty pound And
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull that the place of the battery should be set down as material in the Declaration or if it be set down that the Defendant should traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
emphyteusin ut culti et meliorati feudi jure à vasallis possiderentur In contractu autem vasalli nonnunquam incrementum i. melior ationem omnem sive recipsebant sive per culturam sive per inaedificationem ea melioratio fieret c. And Cassaneus de consuetnd Burg. pa. 1195 defineth it thus Mansus est quantum quis cum uno pari bonum laborare possit Proving it out of Bartolus in lib. si ita Ï€. de auro argen legato in fine ligis Read Master Skene de verb. signif verbo Mansus I read the Lacine word mansia in the same signification as namely in the Charter graunted by King Kanulphus to Ruchin the abbot of Abington which Sir Edward Cook setteth down in his book de Jure regis ecclesiastico Manslaughter homicidium is the unlawfull killing of a man without prepensed maice as when two that formerly meant no harm one to another meet together and upon some sudden occasion falling out the one killeth the other West parte 2. symb titulo Inditements sect 44. it differeth from murther because it is not done with foregoing malice and from chance-medly because it hath a present intent to kill And this is selony but admitteth Clergy for the first time Stawnf bl Cor. li. 1. ca. 9. and Britton cap. 9. It is confounded with murther in the Statute an 28 Ed. 3. ca. 11. Mantyle mantile commeth of the French manteau and signifieth with us a long robe an 24 H. 8. ca. 13. Manucaptio is a writ that lieth for a man who taken for suspition of felony and offering sufficient Bayl for his appearance cannot be admitted therunto by the Sheriff or other having bower to let to mainprise Fitz. nat brev fol. 249. See Mainprise How diversly it is used see the Register original in the Table Manuel manuelis is a thing whereof present profit may be made Stawnf praerog fo 54. And a thing not manuel is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission manumissio is a freeing of a Villein or slave out of his bondage The form of this in the time of the Conqueror Master Lambert in hi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth down in these words Si quis velit servum suum liberum facere tradat eum Vicecomiti per manum dexteram in pleno comitatu et quietum illum clamare debet à jugo servitutis suae per manumissionem et ostendat ei liberas portas et vias et tradat illi libera arma scilicet lanceam et gladâ—um et deinde liber homo efficitur Some also were wont to be manumitted by Charter of manumission Vide Brook titulo Villenage fol. 305. The new Expositour of Law Terms maketh two kinds of manumission one expressed another implyed Manumission expressed is when the Lord maketh a Deed to his Villein to infranchise him by this word Manumittere The manner of manumitting in old time was thus The Lord in presence of his neighbours took the bond-man by the head saying I will that this man be free and therwith shoved him forward out of his hand Manumission implyed is when the Lord maketh an obligation for payment of money to him at a certain day or sueth him where he might enter without sure or graunteth him an Annuity or leaseth land unto him by Deed for years or for life and such like Manutenentia is a writ used in case of maintenance Reg. original fo 182 et 189. See Maintenance Marches Marchia be the bounds and limits between us and Wales or between us and Scotland anno 24 Hen. 8. cap. 9. Camb. pag. 453 and 606. and the marches of Scotland are divided inâ—o West and middle Marches anno 4 Henr. 5. cap. 7. et anno 22 Edward 4. cap. 8. It seemeth to be borrowed from the German March i. limes Camdens Britan. pa. 27. or it may be from the French Marque id est signum being the notorious distinction of two divers countries or Territories It is used in the Statute anno 24 Hen. 8. cap. 12. generally for the precincts of the Kings dominions Marchers be the noble men dwelling on the Marches of Wales or Scotland who in times past as Camden sayth pag. 453 had their private laws much like as if they had been Kings which now be worn out Of these Marchers you may read anno 2 H. 4. ca. 18. et anno 26 Hen. 8. cap. 6. and anno 1 Edward 6. ca. 10. where they are called Lord Marchers See an 27 H. 8. ca. 26. how these were extinguished Mareshall Marescallus is a French word signifying as much as Tribunus scelerum or Tribunus militum with the antient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de nobilitate c. 8. p. 42. n. 17. The French word may seem also among many other that they have to proceed from the German Marschalk id est equitum magister which Hotomon in verbis feudalibus verbo Marschalkus deriâ—eth from the old word March signifying an house With whom agreeth Lupanus de Magistratibus Franciae lib. 1. cap. Marcshallus Others make it of these two Saxon words Mar id est equus and scalch id est praefectus Or as Master Verstegan faith from Mare the general appellation of all horses as Horse is now in English and Scalc which in the antient language of the Netherlanders he affirmeth to signifie a kind of servant as Scalco doth at this day among the Italians being originally a Dutch word With us there be divers officers of this name but one most noble of all the rest who is called Lord or Earl Marshal of England of whom mention is made in divers Statutes as an 1 H. 4. cap. 7 et 14. and anno 13 Ri h. 2. cap. 2. his office consisteth especially in matters of warr and Armes as well with us as in other Countries whereof you may read in Lupanus ubi supra and Tilius lib 2. cap. de Conestabili Mariscallo c. But he that would know the office of our Lord Marshal had need beside the few Statutes which concern him to read his Commission and also to have accesse to the Heraulds who out of their antiquities are able to discover much that by prescription belongeth unto this office The next to this is the Marshal of the Kings house whose especial authority is according to Britton and M. Gwin in the preface to his reading in the Kings place to hear and determine all plees of the Crown and to punish faults committed within the verge and to hear determine sutes between those of the Kings houshold and others within the verge Cromp. Jurisdictions f. 102. Of him you may read Fitz. nat br f. 241. b. an 18 Edward 3. stat 2. ca. 7. and an 27 Edw. 3. stat 2. ca. 6. and an 2 H. 4. c. 23. and an 15 H. 9. ca. 1. Fleta saith That the office of the Marshal of the
at least the remedy for the same is likest there to be had by some sodain inrode and happing of such recompence of the injury received as may most conveniently be lighted upon See Reprisalls See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifying originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertum est nisi quod Gothicum vocabilum putamus And afterwards thus Hujusmodi Marchionum sive ut nos appellamus Margraphiorum origo in limitaneos praepositos sive duces referenda Margraphii dicti quòd limitibus quos vulgo marken appellamus graphii td est praepositi fuerunt c. For in those Territories that have naturally no bounds of great strength or defence there is need of wise and stout men toward their borders for the keeping out of Neighbour enemies But here in England though we have a L. Warden of the Marches northward and a Warden of the Cinque Ports toward the South-east and were wont to have Lord Marchers between us and Wales that served this turn yet those which we call Marquises are Lords of more dignity without any such charge and are in honor and account next unto Dukes At this day I know but one in England and that is the Marques of Winchester being of that noble family of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a Lawyer of great account that lived in Henry the seventh this daies whose learned Readings are extant but not in print Lambert Eirenarch lib. 1. cap. 1. Marterns see Furre Master of the Rolls Magistri rotulorum is an Assistant unto the Lord Chancellour of England in the High Court of Chancery and in absence heareth Causes there and giveth Orders Cromptons Jurisdiction fol. 41. His Title in his Patent as I have heard is Clericus parvae bagae Custos rotulorum domus conversorum This Domus conversorum is the place where the Rolls are kept so called because the Jews in ancient time as there were any of them brought to Christianity were bestowed in that House seperately from the rest of their Nation But his office seemeth originally to have sprung from the safe keeping of the Rolls or Records of Indictments passed in the Kings Courts and many other things He is called Clark of the Rolls anno 12 Rich. 2. cap. 2. and in Fortescue his Book cap. 24. and no where Master of the Rolls untill anno 11 H. 7. cap. 20. and yet an 11. ejusdem cap. 25. he is also called Clark In which respect Sir Thomas Smith l. 2. cap. 10. de Repub Angl. well saith That he might not unfitly be called Custos Archivorum He seemeth to have the bestowing of the offices of the six Clarks anno 14 15 Henry the eight cap. 1. Master of the Mint an 2 Hen. 6. cap. 14. he is now called the warden of the Mint whose office see in Mint Master of the Court of Wards and Liveries is the chief principal officer of the Court of Wards and Liveries named and assigned by the King to whose Custody the Seal of the Court is committed He at the entring upon his office taketh an oath before the Lord Chancellor of England well and truly to serve the King in his Office to minister equal Justice to rich and poor to the best of his cunning wit and power diligently to procure all things which may honestly and justly be to the Kings advantage and profit and to the augmentation of the rights and Prerogative of the Crown truly to use the Kings Seal appointed to his Office to endeavour to the uttermost of his power to see the King justly answered of all such profits rents revenues and issues as shall yearly rise grow or be due to the King in his Office from time to time to deliver with speed such as have to do before him not to take or receive of any person any gift or reward in any Case or matter depending before him or wherein the King shall be party wherby any prejudice losse hinderance or disherison shall be or grow to the King an 33 H. 8. cap. 33. Master of the Horse is he that hath the rule and charge of the Kings stable being an Office of high account and alwaies bestowed upon some Noblemen both valiant and wise This Officer under the Emperors of Rome was called Comes sacri stabuli The master of the Horse is mentioned anno 39 Eliz. ca. 7. and an 1 Edw. 6. cap. 5. Master of the Posts is an Officer of the Kings Court that hath the appointing placing and displacing of all such through England as provide Post horse for the speedy passing of the K. messages other businesses in the thorow-fair towns where they dwel as also to see that they keep a certain number of convenient Horses of their own and when occasion is that they provide others therewith to furnish such as have warrant from him to take Post-horses either from or to the Seas or other borders or places within the Realm He likewise hath the care to pay them their wages and make their allowance accordingly as he shall think meet This Officer is mentioned an 2 E. 6. cap. 3. Master of the Armoury is he that hath the care and oversight of his Majesties Armour for his person or Horses or any other provision or store thereof in any standing Armouries with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39 Elizabeth cap. 7. Master of the Jewel-house is an Officer in the Kings houshold of great credit being allowed bouge of Court that is dyet for himself and the inferiour Officers viz. Clarks of the Jewel-house and a special lodging or Chamber in Court having charge of all plate of Gold of Silver double or parcel guilt used or occupied for the Kings or Queens board or to any Officer of account attendant in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Mention is made of this Officer an 39 Eliz. c. 7. Master of the Kings Houshold magister hospitii is in his just Title called Grant master of the Kings Houshold and beareth the same Office that he did that was wont to be called Lord Steward of the Kings most honourable Houshold anno 32 Henry 8. cap. 39. Whereby it appeareth that the name of this Officer was then changed and Charles Duke of Suffolk President of the Kings Councel then enjoying that office was so to be called ever after so long as he should possess that office Master of the Ordinance anno 39 Eliz. ca. 7. is a great officer to whose care all the Kings Ordinance and Artillery is committed being some great man of the Realm and expert in marshal affairs Master of the Chancery Magister Cancellariae is an assistant
three morsells of barley bread without drink and the second day he shall have drink three times and as much at each time as he can drink of the water next unto the prison door except it be running water without any bread And this shall be his dyet untill he die Palatin See County Palatin See Cassan de consuctud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum cometh of the French panne i. pellis or paneau a piece or pain as wee call it in English It signifieth in our common law a shedule or rolle containing the names of such Iurors as the Shyreeve provideth to passe upon any triall Register orig fol. 223. a. Kitchin fol. 266. See Broke hoc titulo And thereupon the empannelling of a Iury is nothing but the entering of them into the Shyreeves rolle or book Paunage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Parramounte aliâs peremounte cometh 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 Tenant to a Lord that holdeth over 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. 289 consisteth only in comparison as one man may be great being compared with a lesser and little being compared with a greater and as Genus among Logicians may be in divers respects both genus 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 Paravaile Maner and Fee Paravail alias Peravaile is compounded of two French words par i. per and aveller i. dimitteree demittere It signifieth in our common Law the lowest Tenant or him that is tenant to one who holdeth his fee over of another So is it used pl. cor fol. 197. Fitzh nat br fol. 135 M. See Paramounte See Mesn Parcellmakers are two officers in the eschequer that make the parcells of the escheators accompts wherein they charge them with every thing they have levyed for the Kings use within the time of their office and deliver the same to one of the Auditors of the court to make an accompt of the escheator thereof Parceners See Coparceners Parcinarie participatio cometh of the French partir i. dividuum facere It signifieth in our common Law a holding or occupying of land by more pro indiviso or by joynt tenants otherwise called Coparceners of the French parsonier i. parciarius particeps For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in parcinarie Litl fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the ancient Romans particulones sic enim anthore Nonio à veteribus cohaeredes inter se dicebantur quod paries invicem facerent Spigelius Pardon pardonatio is a French word signifying as much as pax venia gratia It is used most notoriously in our common Law for the remitting or forgiving of a felonious or other offence committed against the King This pardon is two-fold one ex gratia Regis the other per cours de ley by course of law Stawnf 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 affordeth upon his absolute prerogative or power Pardon by course of Law is that which the law in equity affordeth for a light offence as homicide casuall when one killeth a man having no such meaning Westm parte 2. symbel titulo Inditements sect 46. Of this see the new book of Entries verba Pardon Pardoners anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report incensed the people of Germany in his time exhorting them ne merees tam viles tantiemerent Park parcus cometh of the French parquer i vallo vel fossa cicundare It signifieth with us a piece of ground inclosed and stored with wild beasts of chase Which a man may have by prescription or the Kings grant Cromptons Jurisd fol. 148. M. Manwood parte pri of his Forest laws pag. 148. defineth it thus A park is a place for privilege for wild beasts of venery and also for other wild beasts that are beasts of the Forest and of the chase tam sylvestres quam campestres And all those wild beasts are to have a firm peace and protection there So that no man may hurt or chase them within the park without license of the owner of the same Who also fol. 149. saith thus A park is of another nature than either a chase or a warren is For a park must be inclosed and may not lie open 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 inclosed And moreover the owner cannot have an action against such as hunt in his park if it lie open See Forest See Chase See Warren This word Park Baldwinus deriveth à paradiso enmque locum esse dicit in quo varia animalia ad usum voluptatis aut venationis includuntur possidentur adempta naturali libertate Adtis 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 trespasse done upon another mans ground are lawfully impounded Register original fol. 166. Fitzh nat br fol. 100. Parish parochia cometh of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Accolarnm conventus accolaius sacra vicinia it is used in the Canon law sometime for a Bishoprick But in our common Law it signifieth the particular charge of a secular Priest For every Church is either Cathedrall Coven nal or parochiall Cathedrall is that where there is a Bishop seated so called à Cathedra Coventual consisteth of Regular Clerks professing some order of religion or of Deane chapter or other college of spiritual men Parochial is that which is instituted for the sayingof divine Service ministring the holy Sacraments to the people dwelling within a certain compass of ground neer unto it Our Realm was first divided into Parishes by Honorius Archb. of Canterbury in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis cap. 2. maketh mention of this word parochia out of Pomponius Letus in these words Nam sic quoque Pomponins Letus veâ—eâ—em consuetudinem fuisse scribit
duty in mony to be paid by the Sheriff upon his account in the Exchequer anno secundo tertio Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus tromptus expeditus for that it bindeth those that have received it to be ready at all times appointed Primage is a duty due to the Mariners and Saylers for the loading of any ship at the setting forth from any Haven anno tricesimo secundo Henrici octavi capitulo decimo quarto Primier seisin prima seisina ad verbum signifieth the first possession It is used in the Common law for a branch of the Kings Prerogative whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief whereof his tenant dyed seised in his demeasn as of fee and so consequently the rents and profits of them untill the heir if he be of age do his homage if he be under years untill he come to years See Stawnf praerog capite tertio Bracton libro quarto tract 3. cap. prim Primo beneficio See Beneficio Prince Princeps is a French word and taken with us diversly sometime for the King himself but more properly for the Kings eldest son who is Prince of Wales as the eldest Son to the French King is called Dolphire both being Princes by their nativity Master Fern in the glory of generosity page 138. For Edward the first to appease the tumultuous spirits of the Welch-men who being the antient Indigene of this Land could not in long time bear the yoak of us whom they call Strangers sent his wife being with child into Wales VVhere at Carnarvan she was delivered of a Son thereupon called Eaward of Carnarvan and afterward asked the VVelsh-men seeing they chought much to be governed by strangers if they would be quietly ruled by one of their own nation who answering him Yea Then quoth he I will appoint you one of your own Country-men that cannot speak one word of English and against whose life you can take no just exception and so named unto them his son born in Carnarvan not long before From which time it hath continued that the Kings eldest Son who was before called Lord Prince St ronf praerog cap. 22. fol. 75. hath been called Prince of Wales Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester anno 21 Rich. 2. cap. 9. See County palatinâ— and Cromptons divers jurisdictions fol. 137. Prior perpetual or dative et removeable an 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Johns of Jerusalem anno 26 H. 8. cap. 2. Priors aliens Priores alieni were certain religious men born in France and governours of religious houses erected for outlandish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in France and therefore suppressed Whose livings afterwards by Henry the sixth were given to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1 H. 5. cap. 7. but especially to the erecting of those two most famous colleges called the Kings Colleges of Cambridge and Faton Priority prioritas signifieth in our common law an antiquity of tenure in comparison of another not so antient As to hold by priority is to hold of a Lord more antiently than of another Old nat br fol. 94. So to hold in posteriority is used by Stawnf praerog cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification The Lord of the priority shall have the custody of the body c. fol. 120. If the tenent hold by priority of one and by posteriority of another c. To which effect see also Fitzh nat br fol. 142. Bartolus in his Tractate de insigniis et armis useth these very words prioritas et posterioritas concerning two that beat one coat armour Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno 1 H. 8. cap. 5. is a word almost out of use now called Butlerage it is a custome whereby the Prince challengeth out of every bark loaden with wine containing less than forty tun two tun of wine at his price Prise prisa commeth of the French prenare i. capere It signifieth in our Statutes the things taken by purveyours of the Kings subjects As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25 ejusdem cap. 5. Register origin folio 117. b. Prisoner priso commeth of the French prisonnâ—er and signifieth a man restrained of his liberty upon any action civil or criminal or upon commandement And a man may be prisoner upon matter of Record or matter of fact prisoner upon matter of record is he which being present in Court is by the Court committed to prison only upon an arest be it of the Shyreeve Constable or other Stawnf pi cor li. pri ca. 32. fo 34 et 35. Privie commeth of the French privè i. familiaeris and signifieth in our Common law him that is partaker or hath an interest in any action or thing as privies of bloud Old nat br fol. 117. be those that be linked in consanguinity Every heir in tayl is privy to recover the land intayled eodem fol. 137. No privity was between me and the tenent Littleton fol. 106. If I deliver goods to a man to be carried to such a place and he after he hath brought them thither doth steal them it is felony because the privity of delivery is determined as soon as they are brought thither Stawn pl. co lib. prim cap. 15. fol. 25. Merchants privy be opposite to Merchants strangers anno 2 Edw. tertii cap. 9. cap. 14. anno ejusdem stat 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies as privies in estate privies in deed privies in law privies in right and privies in blood And see the examples he giveth of every of them See Perkins Conditions 831 832 833. and Sir Edward Cook lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh four kinds of privies viz. privies in bloud as the heir to his Father c. privies in representation as executors or administratours to the deceased privies in estate as he in the reversion and he in the remainder when land is given to one for life and to another in fee the reason is given by the Expositour of law-terms for that their estates are created both at one time The fourth sort of privies are privies in tenure as the Lord by escheat that is when the land escheateth to the Lord for
want of heirs c. Privy seal privatum sigillum is a seal that the King useth sometime for a warrant whereby things passed the privy signet and brought to it are sent farther to be confirmed by the great Seal of England sometime for the strength or credit of other things written upon occasions more transitory and of less continuance than those be that pass the great seal Privilege privilegium is defined by Cicero in his Oration pro domo sua to be lex privata homini irrogata Frerotus in paratit lis ad titulum decretalâ—um de privilegiis thus defineth it privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur cap. priv legia distinct 3. priva enim veteres dixere quae nos singula dicimus Infit Agellius li. 10. ca. 20. Idiòque privilegia modò beneficia modò personales constitutiones dicuntur c. It is used so likewise in our Common law and sometimes for the place that hath any special immunity Kitchin fo 118. in the words where debters make feigne dgifts and feoffments of their land and goods to their friends and others and betake themselves to privileges c. Privilege is either personal or real a personal privilege is that which is granted to any person either against or beside the course of the Common law as for example a person called to be one of the Parliament may not be arested either himself or any of his attendance during the time of the Parliament A privilege real is that which is granted to a place as to the Universities that none of either may be called to Westminster hall upon any contract made within their own precincts And one towards the Court of Chancery cannot originally be called to any Court but to the Chancery certain cases excepted If he be he will remove it by writ of Privilege grounded upon the statute anno 18 Edward the third See the new book of Entries verbo Privilege Probat of Testaments probatio testamentorum is the producting and insinuating of dead mens Wills before the ecclesiastical Iudge Ordinary of the place where the patty dyeth And the Ordinary in this case is known 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 Arch-deacon according as their composition or prescription is hath the probat of the Testament if the goods be dispersed in divers Dioceses so that there be any sum of note as five pounds ordinarily out of the Dioces where the party led his life then is the Archbishop of Canterbury the ordinary in this case by his prerogative For whereas in old time the will was to be proved in every Dioces wherein the party deceased had any goods it was thought convenient both to the subject and to the Archiepiscopal See to make one proof for all before him who was and is of all the general ordinary of his Province But there may be antiently some composition between the Archbishop and an inferiour ordinary whereby the sum that maketh the prerogative is above five pound See Praerogative of the Archbishop This probat is made in two sorts either in common form or pertestes The proof in common form is only by the oath of the executor or party exhibiting the Will who sweareth upon his credulity that the Will by him exhibited is the last Will and Testament of the party deceased The proof per testes is when over and beside his oath he also produceth witnesses or maketh other proof to confirm 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 have been lawfully summoned to see such a Will proved if they think good And the later course is taken most commonly where there is fear of strife and contention between the kindred or friends of the party deceased about his goods For a VVill proved only in common form may be called into question any time within thirty years after by common opinion before it work prescription Procedendo is a writ whereby a plee or cause formerly called from a base Court to the Chancery Kings bench or Common plees by a writ of privilege or certiorare is released and sent down again to the same Court to be proceeded in there after it appeareth that the Defendant hath no case of privilege or that the matter comprised in the Bill be not well provided Brook hoc titulo and Terms of the law Cook vol. 6. fol. 63. a. See an 21 R. 2. ca. 11. in fine letters of procedendo granted by the Keeper of the privy seal See in what diversity it is used in the table of the original Register and also of the Iudicial Iâ—roces processus is the manner of proceeding in every cause be it personal or real civil or criminal even from the original writ to the end Britton fol. 138 a. wherein there is great diversity as you may see in the table of Fitz. nat br verbo Proces and Brooks Abridgement hoc titulo And whereas the writings of our Common Lawyers sometime call that the Proces by which a man is called into the Court and no more the reason thereof may be given because it is the beginning or the principal part thereof by which the rest of the business is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divers kinds of Proces upon Inditements before Iustices of the peace See in Cromptons Justice of peace fol. 133 b. 134.135 But for orders sake I refer you rather to M. Lambard is his tractat of Processes adjoined to his Eirenarcha who according to his subject in hand divideth criminal Proces either into Proces touching causes of treason or felony and Proces touching inferiour offences the former is usually a capias capias alià s exigifaciaâ— The second is either upon inditement or presentment or information that upon inditement or presentment is all one and is either general and that is a venire facias upon which if the party be returned sufficient then is sent out a Distringas infinitè untill he come if he be returned with a Nihil babet then issueth out a Capias Capias aliis Capias pluries and lastly an Exigi facias The special proces is that which is especially appointed for the offence by statute For the which he referreth his reader to the eighth chapter of his fourth book being very different Processum continuando is a writ for the continuance of a Proces after the death of the chief Iustice in the writ of oyer and terminer Register original fol. 128. a. Prochein amy proximus amicus vel propinquier is word for word a neer friend It is used in our Common law for him that is next of kinne to a child in his
but what observations he must use in his hunting see him pag. 180 181 186. See him likewise parte 2. ca. 20. num 5 8 9 c. See Purlieu Purpresture See Pourpresture Pursey anno 43 Eliz. cap. 10. Purswivant See Poursuivant Purveyours See Pourveyours Pyker aliàs Pycar a kind of ship anno 31 Edw. 3. stat 2. cap. 2. Q QUadragesima is the first Sunday in Lent so called as I take it because it is the fourtieth day before Easter The sunday before that is Quinquagesima the second before Sexagesima the third septuagesima Quae plura is a writ that lyeth where an inquisition hath been made by an Escheator in any county of such Lands or Tenements as any man dyed seised of and all that was in his possession be not thought to be found by the office The form whereof see in the Register original fol. 293. and in Fitz. nat br fol. 255. It differeth from the writ called melius inquirendo as Fitzh there sayth because this is granted where the Escheator formerly proceeded by vertue of his office and the other where he found the first office by vertue of the writ called Diem clausit extremum See the new Book of Entries verbo Quae plura Querens non invenit plegium is a return made by the Sheriff upon a writ directed unto him with this condition inserted Si A. fecsrit B. securum de loquela sua prosequenda c. Fitzherbert Nat. brev fol. 38. o. Quae servitia is a Writ See per quae servitia Quale jus is a writ judicial that lyeth where a man of religion hath judgement to recover Land before execution be made of the judgement for this writ must between Iudgement and execution go forth to the Escheator to enquire whether the religious person hath right to recover or the judgement is obtained by collusion between the Demandant and the Tenant to the intent that the true Lord be not defrauded See Westm 2. Cam. 32. Cum Viri religiosi c. The form of this writ you may have in the Register judicial fol. 8 16 17 et 46. And in the Old nat br fol. 161. See the new book of Entries verbo Quale jus Quare ejecit infra terminum is a writ that lyeth for a Leassee in case where he is cast out of his Ferm before his term be expired against the Feoffee or leassour that ejecteth him And it differeth from the Ejectione firma because this lyeth where the leassor after the lease made infeoffeth another which ejecteth the leassee And the Ejectione firma lyeth against any other stranger that ejecteth him The effect of both is all one and that is to recover the residue of the term See Fitzh nat brev fo 197. See the Register original fol. 227. And the new book of Entries verbo Quare ejecit infra terminum Quare impedit is a writ that lyeth for him who hath purchased a mannor with an advowsen thereunto belonging against him that disturbeth him in the right of his advowsen by presenting a Clerk thereunto when the Church is void And it differeth from the writ called Assisa ultimae praesentationis because that lyeth where a man or his Ancestors formerly presented and this for him that is the purchasor himself See the Expositour of the terms of the Law and Old nat brev fol. 27. Bracton lib. 4. tractat 2. cap. 6. Britton ca. 92. and Fitzh nat br fol. 32. and the Register original fol. 30. where it is said That a Quare impedit is of a higher nature than Assisa ultimae praesentationis because it supposeth both a possession and a right See at large the new Book of Entries verbo Quare impedit Quare incumbravit is a writ that lyeth against the Bishop which within six months after the vacation of a Benefice conferreth it upon his Clerk 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. Regist origin fo 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his Tenant being his Ward that after covenable mariage offered him marieth another and entreth neverthelesse upon his Land without agreement first made with his Lord and Gardian Terms of the Law Quare non permittie is a writ that lyeth for one that hath right to present for a turn against the Proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the Law of England to the widow of a landed man deceased whereby she may challenge to continue in his capital messuage or chief Mansion house by the space of forty daies after his decease Of this see Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the writ De Quarentina habenda Fitzh nat brev fo 161. See anno 9 H. 3. cap. 7. and anno 20. cap. 1. and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriveth this word from the French quaresme Who also have this custome called lo quaeresme des refues granted to widows after the decease of their husband as he proveth out of Papon in his Arests lib. 15 titulo des dots cap. 7. and li. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentina habenda is a writ that lyeth for a widow to enjoy her Quarentine Register original fo 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clark that hath recovered in a plee of advowsen The further use whereof see in Fitz. nat br fo 47. and Register origin fo 32. See the new book of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who having a servitude to passe through his Neighbours ground cannot enjoy his right for that the owner hath so strengthned it Fleta li. 4. cap. 26 sect Item si minus Quarter Sessions is a Court held by the Iustices of Peace in every County once every quarter The jurisdiction whereof how far it exceedeth is to be learned out of M. Lamberts Eirenarcha Sir Thomas Smith de republ Angl. li. 2. cap. 19. But to these you may adde the late Statutes of the Realm for their power daily encreaseth Originally it seemeth to have been erected only for matters touching the peace But in these days it extendeth much further That these Sessions should be held quarterly was first of all ordained so far as I can learn by the statute anno 25 E. 3. statut 1. cap. 8. Of this read Lamberts Eirenarcha the fourth book throughout where he setteth them out both learnedly and at large Quash quassare commeth of the French quasser i. quassare conquassare It signifieth in our Common Law to overthrow Bracton lib. 5 tractat 2. cap. 3. nu 4. Quecbord anno 17 Ed. 4. ca. 2. Que est mesme
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
licence Register original fol 298. a. Safe conduct See Saulf conduct Salus is a coyn of Gold stamped by King Henry the sixth in France which only coyn with another of Blanes of eight pence a piece was current in those places of France where King Henry was obeyed Stowes Aunals pag. 589. Safe pledge Salvus plegius is a surety given for a mans apparence against a day assigned Beacton lib. 4. cap. 2. nu 2. where it is also called certus plegius Sailing ware anno prim R. 3. cap. 8. Sak See Sac. Sakeber in Britton cap. 15. et 29. seemeth to be he that is robbed or by theft deprived of his goods with whom Bracton also agreeth lib. 3. tracta 2. cap. 32. nu 2. in these words Fartum vero manifestum est ubi latro deprehensus sit seisitus de aliquo latrocino se Hondbabende et Backberend et insecutus fuerit per alâ—quem cujus res illa fucrit qui dicitur Sacaburthe c. or Sathaber as Stanford calleth it pl. cor lib. pri cap. 21. The interpretation of this word I find not Only M. Skene de verbo interpretatio ne verbo Sacreborgh thinketh it should rather be written Sackerborgh of Sacker i. Securus and Borgh i. plegius signifying a sure cautioner or surety which one findeth to another for theft or slaughter whereof he offereth to accuse him judicially For in this case it behoveth the pursuer to oblige or bind himself into the hands of the Officer or before a ludge competent with Sicker Borg or sure caution that he will pursue in form of Law And by this means it may be that the accuser was wont with us to be called Sakbere of a circumstance because in this case he was surely bound to pursue Sycker is also an old English word signifying as much as sure secure or certain and see Borowe Salet is a head-piece anno 4 et 5. Phil. et Mar. it seemeth to come from the French Salut i. Salus Salmon sewse seemeth to be the young fry of Salmon quasi salmon issue anno 13. Rich. 3. stat pri cap. 19. Salva Gardia is a security given by the King to a stranger fearing the violence of some of his subjects for seeking his right by course of Law the form whereof see in the Register original fol. 26. a. b. Sanctuarie Sanctuarium is a place privileged by the Prince for the safeguard of mens lives that are offenders being foanded upon the Law of mercie and upon the great reverence honour and devotion which the Prince beareth to the place wherunto he granteth such a privilege Of this you may read a sufficient treatise in Stawnf pl. cor lib. 2. cap. 38. This seemeth to have taken beginning from the Cities of refuge which Moyses appointed them to flye unto for safegard of their lives that had by casualtie slain a man Exodus cap. 21. In bastardly imitation whereof first the Athenians then Romulus erected such a place of immunity which they and he after them called Asylum Polydor Virg de inventione rerum li. 3. cap. 12. The Emperours of Rome made the places of their own statues or Images a place of refuge as appeareth Cod. lib. 1. titulo 15. De iis qui adstatuas consugium as also the Churches codem titulo 12. De iis qui ad ecclesias confugiunt c. But among all other nations our anci-ne Kings of England seem to have attributed most to these Sanctuaries permitting them to shelter such as had committed both felonies and treasons so that within forty dayes they acknowledged their fault and so submitted themselves to banishment during which time if any man expelled them if he were Lay he was excommunicated if a Clerk he was made irregular But after forty daies no man might relieve them Stawnf ubi supra See of this the new book of Entries verb. Sanctuary and Fleta lib. 1 cap. 29. And how by degrees they have been taken away you may read partly in him and partly in the statutes a. 26 Hen. 8 cap. 13. et anno 28 ejusdem cap. 7. et anno 32 ejusd cap. 12. et anno 33 ejudsem cap. 15. et anno pri Ed. 6. cap. 12. et anno 2 ejusdem cap. 2. et cap. 33. et anno 5 ejusdem cap. 10. See Abjuration Salarie salarium is a recompence or consideration made to any man for his pains or industry bestowed upon another mans businesse So called as Pliny saith qui tam necessarium quam sat homini The word you have anno 23 Ed. 3. cap. pri Salmon pipe anno 25 H. 8. cap. 7. is an engine to catch Salmons and such like Fish Sandal anno 2 Rch. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kind of wood brought out of India For Sandal in French so signifieth and in Latin it is called Santalum Sarkling time or time of sarcling Seemeth to be all one with hey seel Or the time when the Country man weedeth his Corn. And it proceedeth from the Latin sarculore to rake or weed Or from the French Sarcler which hath all one signification Sarplar sarpleralana is a quantity of VVooll This in Scotland is called Serpliathe and containeth fourscore stone for the Lords of the Councel in anno 1527. decreed four Serpliathes of packed wool to contain sixteenscore stone of wool by the traffique of Merchants now used The Merchants use to fraught for their goods to Flanders by the Sack to France Spain and England by the Tunne and to Danken and the Eastern Seas by the Serpliath Skene de verborum significatione verbo Serpliat e with us England a load of wooll as I have been informed consisteth of eighty Todde each Todde consisting of two stone and each stone of fourteen pound And that a Sack of wool is in common account equal with a Load and a Sarplar otherwise called a pocket is half a Sack Further that a pack of wooll is a Horse load which consisteth of seventeen stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the penny sterling which weigheth 32. VVheat corns of the middle sort and that two of those pence make an ounce and twelve ounces a pound in weight or twenty shillings in number and that eight pound of VVheat maketh a jallon or a gallon as we now call it and eight gallons a bushell and eight bushels a common quarter Also that fifteen ounces of the quantity aforesaid do make a Mérchants pound And that 12. such pounds and a half make a stone and that fourteen stone make a waigh and that two waighes or twenty eight stone make a sack of Wool which ought to weigh a quarter of Wheat and that 12 Sacks make a Last So that a weigh and a Sarpler seemeth to be all one but that the Sarpler is the case and the weigh respecteth the quantity of the Wooll it self and that a load and a sack is all one Saunkefin is a
domini si quem habuerit accedat c. And to help this probability I find that the Steward of a manner is termed serviens manerii Coke Vol. 4. Copihold cases fol. 21 a. Then is there a Sergeant at arms serviens ad arma whose Office is to attend the person of the King An. 7 H. 7. ca. 3. to arest Traitors or men of worth or reckning that do or are like to contemn Messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in judgement upon any Traitor and such like pl. cor lib. 3. cap. pri Of these by the Statute anno 13 R. 2. cap. 6. there may not be above thirty in the Realm This sort is called del espee In the custumary of Nor. car 5. which read There be also some two of these Sergeants of the Parliament one for the upper another for the lower house whose Office seemeth to serve for the keeping of the Doors and the execution of such Commandements especially touching the apprehension of any offender as either house shall think good to enioyn them See Cromptons Jurisdictions fol. nono See also Vowels aliâs Hookers book of the order of the Parliament There is one of these that belongeth to the Chancery who is also called a Sergeant of the Mace as the rest may be because they carry Maces by their office He of the Chancery attendeth the Lord Chancellor or Keeper in that court for the means to call all men into that Court is either by this Officer or by sub poena West pa. 2. Symb. tit Chauncery Sect. 17. Then be there Sergeants that be the chief officers in their several functions within the Kings houshold which be chief in their places of which sort you may read many named in the statute anno 33 H. 8 cap. 12. There is also a more base kind of Sergeant of the Mace whereof there is a troop in the City of London and other Towns corporate that serve the Maior or other head Officer both for mesnial attendance and matter of Justice Kitchin fol. 143. And these are called Serviontes ad clavam New book of Entries ver scire facias in Mainperners fol. 538. cap. 3. Sergeantie Serriantia commeth of the French Sergeant i. satelles and signifieth in our Common law as service due to the King from his Tenent holding by such service For this service cannot be due to any L. from his Tenent but to the King only And this is either grand or petit as you shall find at large set down in Chivalry Of this also you may read Bra. l. 2. c. 16. c. 37. n. 5.4 et Brit. c. 66. n. 1. et 2. See Servies M. Skene de ver signif calleth this Sergeantery defining and dividing it as we do in England Servientihus as certain writs touching servants and their Masters violating the statutes made against their abuses which see in the Regist. orig fo 189. et 190 et 191. Service servitium though it have a general signification of duty toward them unto whom we owe the performance of any corporal labor of function yet more especially in our Common law it is used for that service which the Tenent by reason of his fee oweth unto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Servitium est munus obsequit clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either military and noble commonly called Knights service or clownish and base commonly called Soccage of both which read Chiry as also scecage And Bracton lib. 2. ca. 16. Service is divided by Britton into personal and real cap. 66. where he maketh wards mariages homage Reliefs and such like to be real services personal I imagine may those be called that are to be persormed by the person of the Tenent as to follow his Lord into war c. The Civilians divide munera in this sort either in personalia or patrimonalia Then Bracton ubi supra num 7. distributeth servitium in intrinsecum extrinsecum aliâs forinsecum medium Servitium intrinsecum is that which is due to the capital Lord of the Mannro Forinsecum is that which is due to the King and not to the capital Lord but when he goeth in his own person to serve or when he hath satisfied the King for all services whatsoever And again in the same place he saith it is called Fornisecum quia fit capitur foris sive extra servitium quod fit Domino capitali See Forein service Of this read him ubi supra more at large and Fleta lib. 2. cap. 14. § Continetur Servitia quae nec intrinseca necforinseca sunt Bract. handleth in the same Chapter nu 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intriasecae nec forinsecae sed sunt quaed im servitia concomitantia sicut servitia regalia militaria etiambemagia adeo in cbartis non sunt exprimendae Quia si homagium praecesseris et regale servitium sequitur exinde quod ad capitalem Dominum pertinebit Relivium et custodia et maritagium sive servitium sit militare vel seriantia propter exerciâ—um c. Here then Relief Ward and Mariage be those services which he calleth nec intrinseca nec forinseca sed concomitantia Service is also divided into frank service and base or villeinous service the one Bracton calleth liberum servitium the other servitium villanum or villenagium lib. 2. cap. 8. num pri This villenagium is Soccage in base tenure as to dung the Lords ground to serve him so many daies in harvest to plash his hedges c. or else copyhold All other services seem to be frank Service consisteâ—h some in seisance some in render Perkins Reservations 696. Service seemeth also to be divided into continual otherwise annual and casual or accidental An example of the sormer is the seisin of rent and of the other seisin of Relief Sir Edward Cokes Reports lib. 4. Bevils case fol. 9. a. See Copy hold See Soccage See Ayd Service secular anno 1 Ed. 4. cap. 1. which may be contrary to spiritual viz. the service divine commanded to spiritual men by their founders Servitours of Bills seem to be such servants or messenger of the Marshal belong-to the Kings Bench as were sent abroad with Bills or Writs to summon men to that Court being now more ordinarily called Tipstaffs Servitiis acquietandis is a Writ judicial that lyeth for one distreined for services by Iohn which oweth and performeth to Robert for the acquital of such services Register judicial fol. 27. a. et 36. b. Sessions Sessiones signifieth in our Common law a sitting of Justices in Court upon their commission as the Sessions of oyer and terminer pl. cor fol. 67. Quarter Sessions
Councellors as the case may require Solet et debit See debet solet Solidata terrae See Farding deal of land Solace 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 jas or ciatio among the Civilians And thence is our word somner which in French is semoneur i. vocator monitor The Customary of Normandy for our summons hath semonse ca. 61. summons of the Exchequer anno 3 Edw. 1. cap. 19. anno 10. ejusdem cap. 9. How summons is divided and what circumstances it hath to be observed See Fleta li. 6. cap. 6 7. Sollutione feods militis Parlamenti and solutione feodi Burgen Parlamenti be Writs whereby Knights of the Parliament may recover their allowance if it be denied an 35 H. 8. ca. 11. Sontage Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kersies 3 Jacob. cap. 16. Sothale is a kind of entertainment made by Bayliffs to those of their hundreds for their gain Which sometime is called Filctable Of this Bracton lib. 3. tractat 1. cap. prim hath these words De Ballivis qui faciunt cervicias suas quas quandoque vocant sothail quandoque fictale ut pecunias extorqueant ab iis qui sequntur Hundreda sua et Balvas suas c. I think this should rather be written Scotale See Scotale Southvicont Sub vicecomes is the undersheriff Cromptons Jurisd fol. 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their Art signifying so much as to be leviable or possible to be gathered or collected For example Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he can gather anno 4 H. 5. cap. 2. SP Speaker of the Parliament is an Officer in that high Court that is as it were the common mouth of the rest and as the honourable assembly consisteth of two Houses one called the Higher or Upper House consisting of the King the Nobility and Kings Councell especially appointed for the same the other termed the Lower or Common House containing the Knights of the Shires the Citizens Barons of the Cinque Ports and the Burgesses of Borough Townes so be their also two Speakers one termed the Lord Speaker of the Higher House who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other is called the Speaker of the Lower House And the duties of these two you have particularly described in M. Vowels alias Hookers Book intituled The order and usage of keeping the Parliament Speciall matter in evidence See Generall Issue And Brook tit Generall issue and speciall evidence Spiritualities of a Bishop spiritualia Episcopi be those profits which he receiveth as he is a Bishop and not as he is a Baron of the Parliament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefit growing from ordering and instituting Priests prestation Money that subsidium charitativum which upon reasonable cause he may require of his Clergie Johannes Gregorius de Beneficis cap. 6. num 9. and the Benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. cap. 14. num 14. for these reckoneth Exactionem Cathedratic quartam Decimarum mortuariorum et oblationum pensitationem subsidium obaritativum celebrationem Spuedi collationem viatici vel commeatus oum Episcopus Romam proficiscitur jus Hospitii Litaniam et Processionem Spickenard spica nardi vel nardus is a medicinal herb whereof you may for your further instruction read Gerards Herball lib. 2. cap. 425. The fruit or eare of this for it bringeth forth an care like Lavender is a drug garbable anno 1. Jacob. 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 Person be made a Bishop and hath despensation to keep his Rectory and afterward the Patron present another to the Church which is instituted and inducted The Bishop shall have against this Incumbent a writ of Spolatio in curt Christian Fitzherbert nat br fol. 36. See Benevolence SQ Squalley anno 43. Elizab. b. cap. 10. Squyres See Esquires ST Stable stand is one of the four Evidences or presumptions whereby a man is convinced to intend the stealing of the Kings Dear in the Forest Manwood parte 2. of his Forest Lawes cap. 18. num 9. the other three be these Dogdrawe Backbear Bloudy hand And this Staplestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoot at any Deer or with a long Bowe or else standing close by a Tree with Greyhounds in a lease ready to slip Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. et anno 17. ejusdem cap. 9. Stallage Stallagium commeth of the French Estaller i. merces expenere expedire explicare It signifieth in our Common law money paid for pitching of stalls in Fair or Market See Scavage This in Scotland is called stallange Skene de verbor signific verbo Stallangiatores And among the Romans it was termed Siliquaticum à siliqua primo et minimo omnium pondere apudâ—llam nationem Stannaries stannaria commeth of the Latin stannum i. tynne signifying the Mines and works touching the getting and purifying of this mettall in Cornwal and other places Of this read Camden Britan. pag. 119 The liberties of the stannarie men granted by Edw. 1. before they were abridged by the Statute anno 50 Edw. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that Town or Citie whether the Merchants of England by common order or commandement did carry their wools wool-fells cloathes lead and tinne and such like commodities of our land for the utterance of them by the great The word may probably be interpreted two waies one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamberd in his Duties of Constables num 4. because the place is certain and setled and again from the French estape i. forum vinarium because to those places whither our English Merchants brought their commodities the French would also meet them with theirs which most o all consisteth in Wines But I think this latter the truer because I find in the Mirrour of the world written in French these words A Calais y avotte Estape de le laine c. Which is as much to say as the staple for wools c. You may read of many places appointed for this staple in the statutes of the Land according as the Prince by his Councel thought good to alter them from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth cap. 7. VVhat
Officers the staples had belonging to them you may see anno 27 Edw. 3. stat 2. cap. 21. Star-Chamber Camera stellata is a Chamber at Westminster so called as Sir Thomas Smith conjectureth lib. 2. cap. 4. either because it is full of windows or cause at the first all the roof thereof was decked with Images of guilded Stars And the latter reason I take to be the truer because anno 25 Henry 8. capit prim It is written the Sterred Chamber In this Chamber every week twice during the term and the very next day after Term is there a Court held by the Lord Chancellor or Keeper and other honourable personages of the Realm This Court seemeth to have taken beginning from the Statute anno 3. Hen 7. ca. or Whereby it is ordained that the Lord Chancellor and Treasurer of England for the time being and the Keeper of the Kings Privy Seal or two of them calling to them a Bishop and a temporal Lord the Kings most Honourable Councel and the two chief lustices of the Kings Bench and Common place for the time being or other two lustices in their absence should have power to call before them and punish such misdoers as there be mentioned The saults that they punish be Routs Riots Forgerits Maintenances Embraceries Perjuries and such other Mislemeanours as are not sufficiently provided for by the Common law It appeareth both by Sir Thomas Smith li. 2. de Repub. Anglor ca. 4. and by experience also that at this day the whole number of the Princes most honourable Privy Councel and such other Barons spiritual or temporal as be called thither by the Prince have place in this Court with those above named Of this Court thus speaketh Master Gwin in the Preface to his readings It appeareth in our books of the Terms of King Edward 4. And of the Report of Cases hapning under the usurpation of Richard the third that sometime the King and his Councel and sometime the Lord Chancellor and other great personages did use to sit judicially in the place then and yet called the Star-Chamber But for as much as belike that Assembly was not ordinary therefore the next Kings Henry the seventh and his Son Henry 8. took order by two several laws viz. 3 Hen. 7. cap. pri 21 H. 8. ca. 2. That the Chancellor assisted with others there named should have power to hear complaints against Retainours Embraceours Misdemeanours of Officers and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Iudges are not so meet to give correction And because that place was before dedicated to the like service it hath been ever since accordingly used Touching the Officers belonging to this Court see Camden pag. 112. et 113. Statute statutum hath divers significations in our Common law First it signifieth a Decree or Act of Parliament made by the Prince and three Estates which is the body of the whole Realm And though it borrow the name from that kind of Decree which those Cities that were under the Roman Empire made for the particular Government of themselves over and above the universal or common law of the Empire yet in nature it commeth nearest to that which the Romans called Legem for that as that was made by the whole People Noble and Ignoble so this is ordained by those that represent the whole number both of Prince and subjects one and other through the whole Kingdome The difference neverthelesse was this that Lex was offered to the consideration of the People by the Magistrate of the Senate or Consull but the Bills or suggestions whence our Statutes spring are offered by any of either house and so either passed or rejected In this signification a Statute is either general or special Coke lib. 4. Hollands case fol. 76. a. Statute in another signification is a short speech taken for a bond as statute Merchant or statute staple anno 5 H. 4. cap. 12. The reason of which name is because these Bonds are made according to the form statutes expresly and particularly provided for the same which direct both before what Persons and in what manner they ought to be made west parte prim symbol lib. 2. Sect. 151. where he defineth a statute Merchant thus A Statute Merchant is a bond acknowledged before one of the Clarks of the statutes Merchant and Maior or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Maior chief Warden or Master of other Cities or good Towns or other sufficient men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two pieces the grater is kept by the said Maior chief Warden c. and the lesser peece thereof by the said Clarks The form of which bond you may see in Fleta lib. 2. cap. 64. § 2. to be such Noverint universi me N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. Anno Regni Regis c. et nisi fecers concedo quod currant super me et Haeredes meos districtio et poena provis in statuta Domini Regis edito apud Westm Datum London tali die anno supra dicto The fee for the same Seal is for statutes knowledged in Fairs for every pound an half-penny and out of Fairs a fording The execution upon statute Merchant is first to take the body of the Debtor if he be lay and can be found if otherwise then upon his Lands and goods The bond is founded upon the Statute anno 13 Ed. prim stat 4. Of this also as of the Statute staple see the new book of Entries verbo statute Merchant and read in Fleta ubi supra more touching this matter worth the reading Statute staple to use the very words of Master West is either properly so called or improperly A Statute staple properly so called is a Bond of Record knowledged before the Maior of the Staple in the presence of one of the two Constables of the same staple for which seal the fee is of every pound if the sum exceed not 100 pound and half peny and if it excced an 100 pound of every pound a farthing And by vertue of such Statute staple the Creditor may forthwith have execution of the body lands and goods of the Debtor and this is founded upon the Statute anno 27 Ed. 3. cap. 9. A Statute staple improper is a bond of Record founded upon the Statute anno 23 H. 8. cap. 6. of the nature of a proper Statute staple as touching the force execution thereof and knowledged before one of the chief Justices and in their absence before the Maior of the Staple and Recorder of London The forms of all these bonds or statutes see in West parte pri symb lib. 2. sect 152 153 154 155. Statutes is also
used in our vulgar talk for the petit Sessions which are yearly kept for the disposing of Servants in service by the Statute anno 5 Elizabeth cap. 4. See Recognisance Statute sessions otherwise called Petit Sessions are a meeting in every Hundred of all the Shires in England where of custome they have been used unto the which the Constables do repair and others both Housholders and servants for the debating of differences between Masters and their Servants the rating of Servants wages and the bestowing of such people in Service as being fit to serve either refuse to seek or cannot get Masters anno 1 Eliz. cap. 4. Statu'o stapulae is a writ that lyeth to take his body to Prison and to seise upon his Lands and goods that hath forfeited a bond called Statute staple Regist orig fol. 151. a. Statutam de laborariis is a writ Iudicial for the apprehending of such labourers as refuse to work according to the Statute Reg. judi fol. 27. b. Statuto Mercatorio is a writ for the imprisoning of him that hath forfeited a bond called the Statute Merchant untill the debt be satisfied Regist origin fol. 146. b. and of these there is one against Lay persons ubi supra and another against Ecclesiastical 148. Stavisaker staphis agria vel herba pedicularis is a medicinable herb the kind and vertues thereof you have set forth in Gerards Herbal lib. 1. cap. 130. The seed of this is mentioned among drugs to be garbled anno 1 Jacob. ca. 19. Stenrerie is used for the same that Stannaries be in the statute anno 4 H. 8. cap. 8 See Stannaries Sterling Sterlingum is a proper epitheton for mony currant within the Realm The name groweth from this that there was a certain pure Coyn stamped first of all by the Easterlings here in England Stows Annals pag. 112. The which I rather believe because in certain old Monuments of our English and broken French I find it written Esterling so Roger Hoveden writeth it parte poster annalium fol. 377. b. M. Skene de verborum sipnific verbo Sterlingus saith thus Sterling is a kind of weight containing 32 corns or grains of wheat And in the Canon law mention is made of five shilling sterling and of a merk sterling ap 3. de arbitriss c. constituit 12. de procurator And the sterling peny is so called because it weighs so many grains as I have sundry times proved by experience and by the law of England the peny which is called the sterling round and without clipping weigheth 32 grains of wheat without tails whereof twenty make an ounce and 12 ounces a pound and eight pound make a gallon of wine and eight gallons maketh a bushell of London which is the eighth part of a quarter Hitherto M. Skene Buchanan lib. 6. saith that the common People think it so termed of Sterling a Town in Scotland Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth was ingraven in one quarter of the coin so termed cap. Item quia de testamentis vaerb Cent. solides in Glos Stews are those places which were permitted in England to women of prosessed incontinency for the proffer of their bodies to all commers it is derived from the French Estuves i. thermae vaporarium Balneum because wantons are wont to prepare themselves to these venerous acts by bathing themselves And that this is not new Homer sheweth in the 8 book of his Odiss where he reckneth hot bathes among the effeminate sort of pleasures Of these stewes see the statute anno 11 Hen 6. ca. pri Steward See Seneschall and Stuward Steward of the Kings house an 25 Ed. 3. statute 5. cap. 21. Stily ard Guilda Theutonicorum anno 22 H. 8. ca. 8. et anno 32 ejusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almain an pri Ed. 6. cap. 13. are wont have their abode See Geld. It is so called of a broad place or Court wherein Steel was much sold upon the which that house is now founded Nathan Câ—itraeus See Hawnse Stone of wool Petra lanae see Weights See Sarpler It ought to weigh 14 pounds yet in some places by custome it is more See Cromptons Justice of peace f. 83. b. Straife aliâs Stray See Estry Straits anno 18 H. 6. ca. 16. Streme works is a kind of work in the Stanaries for saith M. Camden titulo Cornwall pa. 119. Horum Stanarioâ—um five metallicorum operum duo sunt genera Alterum Lode-works alterum streme works vo cant Hoc in lecis inferioribus est cum Fossis agendis stanni venas sectantur et fluvierum alveos subinde defl ctunt illud in locis aeditiorsbus cum in montibus puteor quod Shafts vcc in t in magnam attitudinem defodiunt et cuniculos agunt These you may read mentioned an 27 H. 8. cap. 23. Stirks Strip See Estreapement SU Suard aliâs steward senescallus seemeth to be compounded of Steed and ward and is a word of many applications yet alway signifieth an officer of chief account 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 have read is next to the Kings and of that height that it might in some sort match the Ephori amongst the Lacedemonians The custom of our Common-wealth hath upon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but only for the dispatch of some especiall businesse at the arraignment of some Nobleman in the case of treason or such like which once ended his Commission expireth Of the high Steward of Englands Court you may read Cromptons Jurisd f. 28. I have read in an antient Manuscript of what credit I know not that this Officer was of so great power in antient times that if any one had sought justice in the Kings Court and not found it he might upon complaint therof made unto him take those Petitions and reserving them to the next Parliament cause them there to be propounded and not only so but also in the presence of the King openly to rebuke the Chancellor or any other Judge or officer whom he found defective in yeilding Justice And if in case the judge or Officer so reprehended did allege that his defect grew from the difficultie of the case insomuch as he durst not adventure upon it then the case being shewed and so â—ound the Lord Steward together wich the Constable of England there in the presence of the King and Parliament might elect five and twenty persons or more or fewer according to their discretion and the case or cases in question some Earls some Barons some Knights some Citizens and Burgesses which upon deliberation should set down what they thought just and equal and their decree being read and allowed by Parliament did
one Tales either upon default or challenge though he may have another yet he may not have the later to contain so many as the former for the first Tales must be under the principal pannel except in a cause of Appeal and so every Tales lesse than other untill the number be made up of men present in Court and such as are without exception to the partie or parties Of this see Stawnford more at large ubi supra where you may find some exceptions to this general rule These commonly called Tales may in some sort and ineded are called Meliores viz. when the whole Iury is challenged as appearcth by Brook titulo Octo tales et auter tales fol. 105. In whom you may likewise read many cases touching this matter Tales is a proper name of a book in the Kings bench office Cook lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood vide anno 34 et 35 Henrici octavi capit 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem It is a long kind of shide riven out of the tree which shortned is made into billets Tartaron anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and Cloath Workers in the dressing of Cloath Taske aliâs Taxe by M. Camden following the authority of Doctor Powell whom he greatly commendeth for his diligence in the search of Antiquities is a British word signifying tribute Camden Britan pag. 304. And it seemeth it is such a kind of tribute as being certainly rated upon every Town was wont to be yearly paid See Gild and the places there cited out of Master Cambden Now it is not paid but by consent given in Parliament as the Subsidie is And it differeth from Subsidy in this that it is alway certain accordingly as it is set down in the Chequer book and levyed in general of every Town and not particularly of every man Lastly it is a fifteenth of that substance that every Town was first rated at by the number of Hides of Land in the same Whereupon it is also called a fisteenth vide anno 14 Edw. 3. statut 1. cap. 20. For whereas Master Crompton in his jurisdiction fol. saith that it is levied sometime by goods as well as by Lands as also appeareth by the Statute anno 9 Hen. 4. cap. 7. I take his meaning there to bee that though the task in the whole were at the first by the Prince proportioned by the land Yet the Townes men among themsel ves to make upthat sum are at these dayes sometimes valued by goods See Fifteenth It seemeth that in antient times this task was imposed by the King at his pleasure but Edward the first anno 25. of his reign bound himself and his succesiors from that time forward not to levy it but by the consent of the Realm anno 25 Ed. pri cap. 5. The word Task may be thought to proceed from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but over curiously to contend in these derivations may seem frivolous considering that many words are common to divers peoples TE Telonium or Breve essendi quietum de Telonio is a writ lying for the Citizens of any City or Bourgesses of any Town that have a Charter or prescription to free them from Toll against the Officers of any Town or Market constraining them to pay Toll of their Merchandise contrary to their said grant or prescription Fitzb. nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these words Telonia autem dicuntur publicano rum stationes in quibus vectag alia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur Team aliàs Theam is an old Saxon word signifying a Royalty granted by the Kings Charter to a Lord of a Manor Bracton lib. 3. tract 2. cap. 8. of this Saint Edwards laws nu 25. say thus Quod si quisquam aliquid interciet idest penes alium defend it super aliquem et intercitatus non poterit warantum suum habere erit forisfactura sua et Justicia similiter de calumnintore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to have servants and slaves which are called nativi bondi villani and all Baronies infeoffed with Theme have the same power For unto them all their bondmen their children goods and cattels properly appertain so to that they may dispose of them at their pleasure And in some old authentike books it is written Theme est potestas habendi nativos ita quod generationes villanorum vestrorum cum eorum catallis ubicumque inveniantur ad vos pertineant Theme commeth from Than 1. servus and therefore sometime signifieth the bondmen and slaves according to an old statute and law De Curia de Theme Quod si quis teneat curiam de Theme et illa querela in illa curia movetur ad quam Theme vocatur non debet illa curia clongari sed ibidem determinari et omnes Theme the compareant Which is understood of the question of liberty when it is in doubt whether any person be a bondman or free man Which kind of proces should not be delayed but summarily decided And the new Expositor of law terms speaketh to the like effect verbo Them I read it also in an old paper written by an Exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort there be four in number And their office is to receive all monies due to the King and to give to the Clerk of the Pell a bill to charge him therewith They also pay to all persons any money payable unto them by the King by warrant from the Auditor of the receipt They also make weekly and yearly books both of their receipts and Payments which they deliver to the Lord Treasurer Templers Templarii See Knights of the Temple These whilest they flourished here in England which seemeth to be all that time between Henry the seconds dayes untill they were suppressed had in every nation a particular Governour whom Bract. calleth Magistrum militiae Templi lib. 1. c. 10. Of these read M. Camden in his Br. p 320. See Hospitalers Temporalt es of Bishops Temporalia Episcoporum be such revenues lands and tenements as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parliament See Spiritualties of Bishops Tend seemeth to signifie as much as to endeavour or offer or shew forth to tend the Estate of the party of the Demandant Old nat br fol. 123. b. to tend to
contained generally lands or houses yea or offices wherein we have estate for term of life or in fee. And in this signification Kitchin so 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton use it through his whole 27 Chapter as also Bracton doth the Latin libernm tenementum li. pri ca. 5. 6. and many other places Tenentibus in assist non onerandis c. is is a writ that lyeth for him to whom a disseisor hath alienated the Land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour have wherewith to satisfie them himself Reg. orig fol. 214. b. Tenths Decimae it that yearly portion or tribute which all Livings Ecclesiastical do yeeld to the King For though the Bishop of Rome do originally pretend right unto this revenue by example of the High Priest among the lews who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem Yet I read in our Chronicles that these were of en granted to the King by the Pope upon divers occasions sometime for one year som time for more until by the Statute an 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifieth also a task levyed of the temporalty Holinshed H. 2. fol. 111. Tenore indictamenti mittendo is a writ wherehy the Record of an indictment and the processe thereupon is called out of another Court into the Chancery Regist orig fol. 169. a. Tenure Tenura commeth of the Norman Tendure as appeareth by the Grand Custumary cap. 28. where it is defined to this effect Tenure is the manner whereby Tenements are holden of their Lords What may make a Tenure and what not see Perkins Reservations 70. And in that Chapter shall you find the most of those Tenures recited that be now usually â—o England In Scotland I find that there be four manner of Tennres which they call holding of land the first is ura eleemoâ—yna which is proper to spiritual men paying nothing for it but devota animarnm suffragia the second they call Few or Few ferm which holdeth of the King Church Barons or others paying a certain duty called Feuda firma The chird is a hold in Blench as they term it by payment of a peny rose pair 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 service of ward and releeve where the Heir being minor is in regad or custody of his Lord together with his lands c. And land holden in this fourth maner is called there feudum de Hauberk or Haubert or seudum militare or feudum Hauberticum or fendum loricatum because it is given upon condition that the vassal possessor thereof shall come to the Host with a Jack or Haubert which is a coat of Mail. M. Skene de verb. signif verbo Haubert Tenure in grosse is the Tenure in Capite For the Crown is called a Seignory in grosse because it consisteth of a corporation of and by it self not tyed to any honor or manor See Cromptons Iurisdict f. 206. See the new book of Entries verbo Tenure Term Termiuus fignifieth with us commonly the bounds and limitation of time as a lease for term of life or term of years Bracton lib. 2. cap. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Iudgement are open to all that list to complain of wrong or to seek their right by course of Law or action The rest of the year is called vacation Of these Terms there be 4 in every year during which matters of Iustice for the most part are dispatched And this Sir Thomas Smith lib. 3. de Rep. Ang. cap. 2. reckoneth as miraculous that in lesse time than the third part of the year three Tribunals all in one City should rectifie the wrongs of so large and populous a Nation as England is Of these Terms one is called Hilarie Term which beginneth the 23 of Ianuary or if that be Sunday the next day following and endeth the 21 of February Another is called Easter term which beginneth 18 dayes after Easter and endeth the Monday next after Ascension day The third is Trinity Term beginning the Friday next after Trinity Sunday and ending the Wednesday fort night after The fourth is Michaelmas Term beginning the 9th of October or if that be Sunday the next day after and ending the 18 of November Termor Tenens ex termino is he that holdeth for term of years or life Kitchin fol. 151. Littleton fol. 100. Tenra extendendae is a writ directed to the Escheator c willing him to inquire and find the true yearly value of any land c. by the oath of twelve men and to certifie the extent into the Chancery c. Register orig fol 293. b. Terris bonts caiallis rehabendis post purgationem is a writ that lye th for a Clerk to recover his lands goods or chatels formerly soised on after he hath cleared himself of that seiony upon suspition whereof he was formerly convicted and delivered to his Ordinary to be purged Register orig fol. 68. b. Terris liberandis is a writ that lyeth for a man convicted by attaint to bring the Record and Processe before the King and to take a fine for his imprisonment and to deliver him his lands and tenements again and to release him of the Scrip and Waste Regist. orig fol. 232. a. It is also a writ for delivery of lands to the heir after homage and relief performed eodem fol. 293. b. or upon security taken that he shall perform them eodem fol. 313. b. Terris catallis tentis ulera debitum levatum is a writ Iudicial for the restoring of lands or goods to a debtour that is distreined above the quantity of the debt Register Iudicial fol. 38. b. Terretenent terratenens is he which hath the natural and actual possesssion of the land which we otherwise call the occupation anno 39 Eliz. ca. 7. For example a Lord of a manour hath a Free-holder who letteth out his free land to another to be occupied this Occupier is called the Terretenent Wist parte 2. symb tit Fines Sect. 137. Cromptons Inrisd fol. 194. Britton cap. 29. Porkins feoffments 231. And Petrus Belluga in sprenlo Principum Repub. 46. versic Restut vidert nu 9. useth this word Terrae tenentee in the same signification See Land tenents Yet I have heard some learâ—ed in the Law say that the Terienent is the tenent in free or copyhold according to the custom of the Manor and opposite to tenent for term of years Quaere Ters is a certain measure of liquid things as wine oyl c. containing the 6th part of a tun an 32. H. 8. c. 14. or the 3d. part of a Pipe Testament Testamentum See Will. Testatum is a writ that seemeth especially to lye
in every Tun anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. anno pri Ed. 6. ca. 13. anno pri Jacobi ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven after the rate of every Tun. Torny See Turney Totted anno 42 Edw. 3. cap. 9. anno 1 Ed. 6. cap. 15. is a word used of a debt which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word Tot unto it Tourn See Turn Tout tempa prist uncore est that is to say in English Alway ready and is at this present This is a kind of Plee in way of excuse or defence unto him that is sued for with-holding any debt or duty belonging to the Plaintiff See of this Broke his Abridgement fol. 258. TR Traile baston See Iustices of trial baston Traitor traditor proditor See Treason Transgressione is a writ called commonly a writ or action of Trespass Of this Fitzherbert in his Natura brevium hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differeth from the other because it hath not these words Quire vi armis c. and this see in Fitzherberts natura brev fol. 84 G. The other is termed a writ of trespasse upon the case which is to be sued in the Common bank or the Kings Bench in which are alwaies used these words vi et armis c. And of this you have Fitzh nat br f. 92. E. See Trespass See the divers use of this writ in the Register original in the Table Transcript anno 34 35 H. 8. cap. 14. is the copy of any original written again or exemplified Transcripto Recognitionis factae coram Justiciariis itinerantibus c. is a writ for the certifying of a Recognizance taken before Iustices in Eyre into the Chancery Regist orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifying of the foot of a fine levyed before Justices in Eyre c. into the Chancery eodem fol. 169. et Register judicial fol. 14. Travers commeth of the French Traverser iâ—transfigere It signifieth in our Common law sometime to deny sometime to overthrow or undo a thing done Touching the former signification take these words in Wests Symbol parte 2. titulo Chancery Sect. 54. An answer saith he speaking of an answer to a bill in Chancery is that which the Defendent pleadeth or saith in Bar to avoid the Plaintiffs bill or action either by confession and avoiding or by denying and traversing the material parts thereof And again Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer which must affirm and pursue his bill and confess and avoid deny or traverse the Defendants answer And the formal words of this traverse are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmative et Negative In the second signification I find it in Stawnfords praerog cap. 20. through the whole Chapter speaking of traversing an Office which is nothing else but to prove that an Inquisition made of goods or lands by the Escheatour is defective and untruly made So traversing of an Inditement is to take issue upon the chief matter thereof which is none other to say than to make contradiction or to deny the point of the Inditement As in presentment against A. for a Highway over-flown with water for default of scowring a ditch which he and they whose estate he hath in certain land there have used to scowr and cleanse A. may traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not the land c. or that he and they whose estate c. have not used to scowr the ditch Lamb. Earenarcha lib. 4. cap. 13. pag. 521 522. Of Traverse see a whole chapter in Kitchin fol. 240. See the new book of Entries verbo Traverse Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the the amplitude and Majesty of the Common wealth West parte secund symbol titulo Inditement sect 63. by whom it is there divided into High treason which other call altam proditionem and Petit treason High treason he defineth to be an offence done against the security of the Common wealth or of the Kings most excellent Majesty whether it be by imagination word or deed as to compass or imagine treason or the death of the Prince or the Queen his Wife or his Son and Heir apparent or to deflowre the Kings wife or his eldest Daughter unmarried or his eldest sons wife or levy war against the King in his Realm or to adhere to his enemies aiding them or to counterfeit the Kings great Seal privy Seal or mony or wittingly to bring false mony into this Realm counterfeited like unto the mony of England and utter the same or to kill the Kings Chancellor Treasurer Iustice of the one bench or of the other Iustices in Eyr Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his office anno 25 Ed. prim cap. 2. or forging of the Kings seal Manuel or privy signet privy seal or forein coyn current within the Realm anno 2 Mar. cap. 6. or diminishing or impairing of mony current anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. 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 only And it is also called treason Paramount anno 25 Ed. 3. ca. 2. The form of Iudgement given upon a man convicted of high treason is this The Kings Serjeant after the verdict delivered craveth Iudgement against the Prisoner in behalf of the King Then the Lord Steward if the traitor have been noble or other Iudge if he be under a Peer saith thus N. Earl of P. For so much as thou before this time hast been of these treasons indited and this day arraigned for the same and put thy self upon God and thy Peers and the Lords thy Peers have found thee guilty my Iudgement is that thou shalt be conveyed unto the Tower of London whence thou camest and from thence drawn through the midst of London to Tiburn and there hanged and living thou shalt be cut down thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be divided into four quarters and disposed at the Kings Majesties pleasure and God have mercy upon thee Petit treason is rather described by examples than any where logically
upwards to the number of 24. by whose discretion all tryals pass both in civil and criminal causes through all Courts of the common Law in this Realm First for civil causes when proof is made of the matter in question as the parties and their Counsel think good on both sides the point of the fact that they are to give their verdict of is delivered likewise unto them which we call the issue and then are they put in mind of their oath formerly taken to do right between party and party and so sent out of the Court severally by themselves to consider upon the evidence of both sides untill they be agreed which done they return to the Court again and deliver their verdict by the mouth of the foreman And according to the verdict Iudgement afterward passeth either condemnatory for the Plaintiff or absolutory for the Defendant These twelve be called twelve milites Glanvile lib. 2. cap. 14 15. and so be they in Bracton divers times but that word is altered In causes criminal there be two sorts of Enquests one called the grand Enquest and the other the Enquest of life and death The grand Enquest is so called either because it consisteth commonly of a greater number than twelve as of twenty four eighteen or sixteen at the least or else because all causes criminal or penal first passe through them whereas the other Enquest is especially appointed for one or few matters touching life and death committed to their consideration Those of the grand Enquest are also called by Bracton 12 milites lib. 3. tract 2. cap. pri num 2. because they were wont to be Knights as it seemeth and not inferiours except so many Knights could not be found Idem eodem num 1. in fine And their function is to receive all presentments made unto them of any offence and accordingly to give their general opinion of the presentment by writing either these words Billa vera upon the bill of presentment which is an inditement of the party presented or else this word Ignoramus which is an absolving of him Now as criminal causes be of two sorts either capital touching life and member or finable so is there a double course of these Inditements For in causes only finable the party indited must either traverse the Inditement by denying it and so it is referred to a petit Jury whereby he is either convicted or discharged of the crime or else he confessing it the Court setteth his fine upon his head without more work But in matters of life and death the party indited is commanded to hold up his hand and answer guilty or not guilty if guilty he standeth convicted by his own confession if not guilty he is farther referred to the Enquest of life and death which consider upon the proof brought against the Prisoner and accordingly bring in their verdict Guilty or not Guilty so is he judged to dye or delivered by the Court. Of this read more in Inditement Assise Iury. See the statute anno 35 H. 8. cap. 6. 37 ejusdem cap. 22. et anno 2 Ed. 6. cap. 32. et anno 5 Eliz. cap. 25. VA VAcation vacatio hath an especial signification in this Kingdom being used for all that time respectively which passeth between term and term at London And when such times begun and ended in our Ancestors daies see Roger Hovedens annals parte posteriori fol. 343. a. where you shall find that this intermission was called pax Dei et Ecclesiae Vaccarie aliàs vacharie vaccaria aliàs vacheria seemeth to be a house to keep kine in Fleta lib. 2. cap. 41. sect Item inquiratur 12. and Cromptons Jurisd fol. 194. in these words without warrant no subject may have within the Forest a vacary But in the statute anno 37 H. 8. cap. 16. I find vachary to be as it were a special proper name of a certain quantity and compass of ground within the Forest of Ashedown Valew valentia valor The word is in it self plain enough But I cannot omit one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference between value and price These be his words And the value of those things in which offences are committed is usually comprised in Inditements which seemeth necessary in theft to make a difference from petit larceny and in trespass to aggravate the fault and increase the fine But no price of things ferae naturae may be expressed as of Deer of Hares c. If they be not in Parks and Warrens which is a Liberty anno 8 Edward 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 young Doves in a Dove-house young Hawks in a wood there must be said pretii or ad valentiam but of divers dead things ad valentiam and not protii of coyn not current it shall be pretii but of coin current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain But of counterfeit coin shall be said ad valentiam and in counterfeiting of coin 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 having profered covenable mariage to the Infant without disparidgement against the Infant comming to his years if he refuse to take the Lords offer And it is to recover the value of the mariage Regist orig fol. 164. Old nat br fol. 90. Variarce commeth of the French varier i. alterare it signifieth in the Common law an alteration or change of condition after a thing done For example the Commonalty of a Town make a Composition with an Abbot Afterward this Town by a grant from the King obtaineth Bayliffs This is a variance and in this case if the Abbot commence any sute for breach of the composition he must vary from the words of the Commonalty set down in the Composition and begin against the Bayliffs and the Commonalties Brook tit Variance fol. 292. It is also used for an alteration of something formerly laid in a plee which is easilier known what it is than when it may be used as it appeareth by Brook through the whole title aforesaid See variance in the new book of Entries Vassal vasallus signifieth him that holdeth land in fee of his Lord Hot. verbo Feudal we call him more usually a Tenent in fee whereof some owe fidelity and service and are called vassalli jurati some that owe neither and are called vassalli injurati But of this later sort I think that in England we have not any Of these thus writeth Hotom in his disputations upon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accipit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo
in this signification is it borrowed from the Feudists with whom Investitura signifieth a delivery of possession by a spear or staff and vestura possession it self Hotomon in verbis feudal verbo Investura Vesture of an acre of land anno 14 Ed. prim stat prim is the profit of it anno 13 Edw. 1. cap. 25. VI Vice-treasurer of the Exchequer 1 Jacob. 26. See Under-treasurer of England See Treasurer of the Exchequer View of frank pledge visus Franci plegii is the office which the Sheriff in his County Court or the Bayliffin his Hundred performeth in looking to the Kings peace and seeing that every Free-man be in some pledge This is called of Bracton lib. 2. cap. 5. nu 7. in fine Res quasi saora quia solam personam Regis respicit quod introductus sit pro pace et communi utilitate eodem cap. 16. num 8. in fine See frankpledge and Leet and Deceâ—nier See the new book of Entries verb. view of frankpledge Veiours visores commeth of the French Veoyer i. cernere intueri despicere prospicere videre and signifieth in our Common law those that are sent by the Court to take view of any place in question for the better decision of the right Old nat br fol. 112. So doth Bracton use it lib. 5. tract 3. cap. 8. per totum It signifieth also those that are sent to view such as essoin themselves de malo lecti whether they be in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. et cap. 14. per â—totum Lastly it is used for those that are sent or appointed to view an offence as a man murdered or a Virgin ravished See View Vicario deliberando occasione cujusdam Recoguitionis c. is a writ that lyeth for a spiritual person imprisoned upon forfeiture of a Recognisance without the Kings writ Reg. orig fol. 147. See statuto mercatorio contra personam ecclesiasticam Viois et venellis mundandis is a writ that lyeth for a Maior and Bayliffs of a Town c. For the clean keeping of their streets Regist orig fol. 267. b. View visus commeth of the French veve i. visus aspectus conspectus prospectus and signifieth with us the act of viewers For as the Author of the Terms of Law saith when any action real is brought and the Tenent knoweth not well what land it is that the Defendent asketh then he may pray the view that is to say that he may see the land which is claimed of this Briton speaketh ca. 45. This point of proceeding we have received from the Normans as it appeareth by the Grand customary cap. 66. where you shall read to this effect It is to be known that there be divers sorts of views one of a fee another of a man in sicknesse another of an offence as of a man slain or a Virgin deflowred all which he describeth in that place and again cap. 80 et 96. which are worth the reading this view at this day is used in an Assise of rent service rent charge or rent seck Fitzh nat br fol. 178. D. and in a writ de Curia claudenda Idem fol. 128. B. In a writ of Nusance Idem fol. 183. L. N. O. In a writ Quo jure Idem fol. 128. L. In the writ de rationalibus divisis Idem fol. 129. D. And in the writ de secta ad molendinum Idem fol. 123. B. See the new book of Entries verb. View and see Fleta how this view is made lib. 4. cap. 6. See Veiours Vicechamberlain called underchamberlain anno 13 R. 2. stat 2. cap. 1. is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlement of all Officers superior and inferior whatsoever appertaining to that part of his Majesties houshold which is called the Chamber wherein is included as well the Bed-chamber as the Privy-chamber the Presence and the great Chamber and all other Rooms as Galleries c. thereto belonging with the Councell-chamber Privy Closet c. And in the Lord Chamberlains absence he keepeth his Table in the great Chamber commanding and overseeing the attendance of all to whom it appertainesh to be ready and waiting on his Majesty going to the Chapel or to speak with Ambassadors or else walking or riding forth Vicount alias Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with us as much as Sheriff Between which two words I find no other difference but that the one commeth from our Conquerors the Normans and the other from our Ancustors the Saxons wherefore see more of this in Shyreeve Vicount also signifieth a degree of Nobility next unto an Earl which as M. Camden Britan. pag. 70. saith is an old name of office but a new one of dignity never heard of amongst us untill Henry the sixth his daies But this degree of honor is more antient far in other Countries Casson in gloria mundi parte 5. consid 55. whom you may read Vicountiel is an Adjective made of Vicountie and signifieth as much as belonging to the Vicount as Writs Vicountial are such Writs as are triable in the County or Sheriffs Court Old nat br fol. 109. Of this kind you may see divers Writs of Nusance set down by Fitzherberi in his Nat. br fol. 184. b. There be also certain ferms called Vicountiels which the Sheriff for his time payeth a certain rent for to the King and maketh what profit he can of them See the Statute anno 33 34 H. 8. cap. 16. anno 2 et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite secund Vi laica removenda is a writ that lyeth for the removing of forcible possession of a benefice kept by lay men And this writ is granted some time upon the Certificate of the Bishop into the Chancery that there is such a force in his Dioces some time upon a surmise made thereof by the Incumbent himself without the Certificate of the Bishop and hath a several form for either case Fitzh nat br fol. 54. Register origin fol. 59. 60. Villanis Regis subtractis reducendis is a writ that lyeth for the bringing back of the Kings bondmen that have been carried away by others out of his Manors whereto they belonged Registor origin folio 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our Common law a bondman or as much as Servus among the Civilians Of these there be two sorts in England as Sir Thomas Smith saith in his Repub Anglo lib. 3. cap. 8. one termed a villein in grosse which is immediately bound to the persons of his Lord and his heirs the other a villein regardant to a Manor whom the Civilians term glebae aseriptitium being bound to their Lord as members belonging and annexed to such a manor whereof the Lord is owner This division is
16 R. 2. c. Visâ— Franciplegii is a writ to exempt him from comming to the view of Frankpledge that is not within the Hundred resident For men are bound unto this view by reason of their habitation and not of Lands held where they dwell not Regist. orig fol. 175. Vitteler victualarius commeth of the French victuailes i. commeatus and signifieth with us him that selleth victuals For these there is a writ in Fitzherbert nat brev fol. 172. if they exercise their trade bearing a magistracy in any Town Corporate VM Vmple anno 3 Edw. 4. cap. 5. VN Vncore prist is a plee for the Defendant being sued for a debt due at a day past to save the forfeiture of his bond saying that he tendred the debt at the time and place and that there was none to receive it and that he is now also ready to pay the same 7 Ed. 6. 83. Dyer See Unquest prist Vncuth is a Saxon word signifying as much as incognitus It is used in the antient Saxon laws for him that commeth to an Inne guest-wise and lyeth there for two nights at the most In which case his Host was not bound to answer for any offence that he committed whereof he was guiltlesse himself But if he laid there the third night then he was called guest hospes and then must the Host answer for him as for one of his own family And if he tarried any longer then was he called Agen hine that is to say familiaris Whom if he offend against the Kings peace his Host was to see forth-comming or if he could not bring him out within a month and a day he must satisfie for his offence Lamb. Archaiono fol. 133. num 7. Of this Bracton lib. 3. cap. 10. num 2. writeth thus Item secundum antiquam consuetudinem dici poterit de familia alicujus qui hospitus fuâ—rit cum alio per tres noctes quia primâ nocte poterit dici Vncuth secundâ verò Gust tertiâ nocte Hoghenhine c. This law was made for the better preservation of the Kings peace and to shew in what pledge every man was to be accounted that travelled by the way See Tuainnithes gest Vnite nihil habet is a writ See Dote unde nihil habet Vnder-chamberlain of the Exchequer is an Officer there that cleaveth the Tallies written by the Clerk of the Tallies and readeth the same that the Clerk of the Pel and the Controllers thereof may see their Entries be true He also maketh searches for all Records in the Treasury There be two Officers there of this name Vnderescheatour Subescheatour anno 5 Ed. 3. cap. 4. See Escheatour Vndershyreeve Subvicecomes See Shyreeve Vndersitter is an Inmate See Inmate Vndertakers be such as are employed by Purveyours of the King as their Deputies anno 2 3 Phil. Ma. cap. 6. and such as undertake any great work as drying of Fens c. anno 43 Eliz. cap. 11 Vnderâ—treasurer of England vicethesaurarius Angliae anno 39 Eliz. cap. 7. anno 43 ejusdem Subsidy of the Clergy This Officer as some Exchequer men think was first created in the time of King Henry the seventh to chest up the Kings Treasure at the end of every Term and to note the content of mony in each chest and to see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer as being a thing too mean for him to be troubled with and yet meet to be performed by a man of great secrecy and trust He in the vacancy of of the Lord Treasurers Office doth all things in the receipt that the Lord Treasurer doth He nominateth the two Praysers of all goods seised as not customed and ordereth whether the party shall have them at the price or not He appointeth the Steward Cook and Butler for the provision of the Star-chamber But this Officer in other mens judgement is far more antient than Henry the sevenths dayes yet named Treasurer of the Exchequer in the Statutes untill Queen Elizabeths time where he is termed Under-treasurer of England Neverthelesse anno 35 Eliz. he is also written Treasurer of the Exchequer Read the Statutes anno 8 Ed. 3. statut 2. cap. 17. 27 ejusdem Stat. 2. cap. 18. 1 Rich. 2. cap. 5. 4 H. 4. cap. 18. 8 H. 6. cap. 17. 27 H. 8. cap. 11. with divers other places that seem to approve this to be true Vnion unio is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and the Incumbent And this is properly called an union Howbeit that there be two other sorts as when one Church is made subject to the other and when one man is made Prelate of both and when a Conventual is made Cathedral as you may read in the Glosse of the Chapter Licet de licato conducto in Lyndwoods Provincials Sect. Eâ—quia versu Appropriationis Touching Union in the first signification there was a statute anno 37 Hen. 8. cap. 21. that it should be lawfull in two Churches whereof the value of the one is not above six pounds in the Kings books of the First fruits and not above one mile distant from the other Union in this signification is personal and that is for the life of the Incumbent or real that is perpetual whosoever be Incumbent Vnity of possession is called consolidatio usus fructus proprietatis in the Civil law signifying a joynt possession of two rights by several titles For example I take a lease of land from one upon a certain rent afterward I buy the Fee-simple This is an unity of possession whereby the Lease is extinguished by reason that I which had before the occupation only for my rent and become Lord of the same and am to pay my rent to none but my self Also an Abbot being seated within a certain Parish afterward obtaineth an appropriation of the Tithes belonging to that Church for the use of his house Here is an unity of possession by reason that the tythes which before were to be payd to the Incumbent are now to be paid to none but himself by vertue of the appropriation Vniversity Vniversitas is by the Civil law any body politick or corporation but in our language it is at the least most ordinarily taken for those two bodies that are the Nourses of learning and the liberal Sciences Cambridge and Oxford endowed with great favours and privileges for their better maintenance as appeareth not only by anno 2 3 Ph. et Mar. cap. 15. a. 13 El. c. 21. et a. 18. ejusd cap. 6. but much more by their several Charters granted unto them by divers godly and magnanimous Kings of this land Vnlawfull assembly Illicita congregatio illicita assemblata is the meeting of three or more persons together with force to commit some unlawfull act and abiding still not endeavouring the execution thereof as to assault or beat any person to enter into