to be very tenent to that Lord of whom he immediately holdeth So that if there be lord aboue lord mesn and tenent the lord aboue is not very lord to the tenent nor the tenent very tenent to the lord aboue Lord in grosse Fitz. nat br fol. 3. is he that is lord hauing noe maner as the king in respect of his crown idem f. 5. F. See him also fol. 8. A. B. where I finde a case wherein a priuate man is lord in grosse viz. a man maketh a gift in tayle of all the land hee hath to hold of him and dyeth his heire hath but a Seignorie in grosse Lorimers anno 1. R. 3. cap. 12. is one of the companies in London tha makeht bits for bridles of horses and such like The name seemeth to be taken from the latine lorum and is else where writen Lorinors Lotherwit aliâs Leyerwit is a libertie or priueledge to take amends of him that defileth your bondwoman without licence Rastall exposition of words It is an amends for lying with abondwoman Saxon in his description of England cap. 11. Some thinke it should be rather writen Legerwit For Leger is the Saxon word for a bedde or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit Lusernes See Furre Lushoborow is a base coine vsed in the daies of King Ed. the 3. coined beyōd Seas to the likenes of English money and brought in to deceiue the King and his subiects To auoide the which it was made treason for any man wittingly to bring in any such an 25. Ed. 3. stat 4. cap. secundo M MAcegriefs aliâs Macegrefs be such as willingly buie and sell stolen slesh Britton cap. 29. fo 71. b. Cromptons Iustice of peace fo 193. a. Magna assisa eligenda is a writ directed to the Shyreeue to summon foure lawful knights before the Iustices of Assise there vpon their oathes to chuse 12. knights of the vicenage c. to passe vpon the great assise betweene A. plaintife and B. defendant c. Register originall fol. 8. a. Magna Charta called in English the great charter is a charter conteining a number of lawes ordained the ninth yeare of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna charta was either for that it conteined the summe of all the writen lawes in England or else that there was another Charter called the Charter of the Forest established with it which in quantitie was the lesser of the two I reade in Holinshed that King Iohn to appease his Barons yelded to lawes or articles of gouernment much like to this great Charter but wee nowe haue noe auncienter writen lawe then this which was thought to be so beneficall to the sublect and a lawe of so great equitie in comparison of those which were formerly in vse that K. Henry the third was thought but hardly to yeld vnto it and that to haue the fifteenth peny of all the moueable goods both of the spiritualtie and temporaltie throughout his realme Holinshed in Henry the third And though this Charter consist not of aboue 37. chapters or lawes yet is it of such extent as all the lawe wee haue is thought in some sort to depend of it Polydorus and Holinshed vbi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbo signif verbo Machanium and signifieth a corporal hurt whereby a man looseth the vse of any member that is or might bee any defence vnto him in batel The Canonists call it membrimatilationem as the eye the hand the foote the scalpe of the head his foretooth or as some say of any finger of his hand Glanuile lib. 14. ca. 7. See Bracton at large lib. 3. tracta 2. cap. 24. nu 3. and Britton cap. 25. and Stawnf pl. cor lib. pri ca. 41. and the newe exposition of law Termes and the Mirrour of Iustices cap. d'homicid The grand Custumarie of Normandie cap. 6. calleth it Mahaignium and defineth it to be enormem laesionem All agree that it is the losse of a member or the vse thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus est pars corporis habens destinatam operationem in corpore where you may reade more of this point But if you will see it largely discussed look Vgolinus de irregularitatibus ca. 4. § 3. 4. 5. also read M. Skene vbi supra Mainour aliâs Manour aliâs Meinoure seemeth to come of the French Manier i. manu tractare attrectare or els of Ameuer i. abducere It signifieth in our common lawe the thing that a theefe taketh away or stealeth as to be taken with the mainor pl. cor fol. 179. is to be taken with the thing stolen about him and againe fol. 194. It was presented that a theefe was deliuered to the Vicount together with the Mainor thirdly fol. 186. If a man be indited that he feloniously stole the goods of another where in truth they bee his owne goods and the goods bee brought into the court as the manour and it be demaunded of him what hee saith to the goods and he disclaime them though he be quitted of the felonie he shall loose the goods and againe fol. 149. if the defendant were taken with the manour and the manour bee caried to the court they in auncient times would arraine him vpon the manour without any appeale or inditement I find this word vsed in the old nat br fol. 110. in this sort where a man maketh a thing by mainour or leuying or estopping in such case he shall haue Assise where it signifieth handie labour and is but an abbreviation of Mainovrey Mainovre see Minouerye Mainprise Manucaptio is compounded of two French words Main i. manus prins i. captus which is a participle of the verbe prendre i. capere excipere captare It signifieth in our common lawe the taking or receiuing a man into friendly custody that otherwise is or might bee committed to the mercie of the prison vpon securitie giuen for his forth comming at a day assigned as to let one to mainprise old nat br fol. 42. is to commit him to them that vndertake his apparence at the time appointed And they that do thus vndertake for any are called Mainpernouns because they do receiue him into their hands pl. cor fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an offence as by law he may be thus bayled For in many cases a man is not mainpernable whereof see Broke titulo Mainprise per totum and Fitz. nat br fol. 249. seqq M. Manwood in the first part of his Forest lawes pag. 167. maketh a great difference betweene Bayle and Mainprise For he that is mainprised quoth he is alwayes said to be at large and to goe at his owne libertie out of ward after the day is set to mainprise vntill the
vectigal pendatur tam diuneque ipsis qui conduxerunt neque iis qui in locum eorum successerunt auferri eum liceat l. 1. Π. siager vectigalis c. Feede Feida alias Faida signifieth in the German toung Guerram i. capitales inimicitias vel bellum Hotoman disputat de feudis ca. 2. B. Foemina dicitur faidam non facere gloss in § vlt. De lege Conradi lib. 2. de feudis by reason that women by the law are not subiect to warfare to battell or proclamatiō made for that cause Skene de verbo signif verbo Assidatio M. Lamberd in his explication of Saxon words writeth it Feeth and saith likewise that it signifieth capitales inimicitias and also that Feud vsed now in Scotland and the north parts of England is the same and that is a combination of kindred to reuenge the death of any of their blood against the killer and all his race Felonie Felonia seemeth to come of the french Felonnie ā impetuositas atrocitas immisericordia Felonia saith Hotomande verbis feudalibus non praescisè contumaciam vasalli in dominum huiusue in vasallum perfidiam significat verum quoduis capitale facinus And againe Felonia Gothis Longobardis dicitur quod Germanis hodie Schelmarey latinis Scelus S. Ed. Cooke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fo 124. b. Hostiensis in sua summa titulo De feudis and others speak of this to this effect Felonia aliàs Fallonia est culpa vel iniuria propter quam vasallus amittit feudum Sedhec respicit dominum feudi Est alia fallonia quae non respicit dominum sc quando vasallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commisit quod parricidii appellatione continetur plures aliae falloniae tam respicientes dominum quà m alios propter quas feudum amittitur ibi not antur We account any offence felonie that is in degree next vnto petit treason and compriseth diuers particulars vnder it as murder theft killing of a mans selfe Sodometrie rape wilfull burning of houses and diuers such like which are to be gathered especially out of statutes whereby many offences are dayly made felonie that before were not Felonie is discerned from lightter offences by this that the punishment thereof is death How be it this is not perpetuall For petit larcenie which is the stealing of any thing vnder the valew of twelue pence is felony as appeareth by Broke titulo Coron num 2. his reason is because the indictment against such a one must runne with these words felonicè cepit and yet is this not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is vnder petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeued by cleargie another that may not And these you must also learne to know by the statutes for Cleargie is allowed where it is not expressely taken away Of these maters reade Stawnfords first booke of his pl. cor from the end of the second Chapter to the 39. and the statutes whereby many offences be made felonie since he writ that learned booke See also Lamberds Iustice of peace lib. 2. cap. 7. in a Table drawne for the purpose As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace fol. 32. c. Felonie is also punished by losse of lands not entayled and goods or chatels as well real as personall and yet the statutes make difference in some cases touching lands as appeareth by the statute anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud though not where a statute ordaineth an offence to be felonie and yet withall saith that it shall not worke corruption of bloud As anno 39. Eliz. cap. 17. How many wayes felonie is comitted see Cromptons Iustice of peace pag. 32. c. Feyre See Fayre Felo de se is he that committeth felonie by murthering himselfe See Cromptons Iustice of peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is vnlawful to hunt in the Forest because in that moneth the female Deere do faune and this moneth beginneth 15. dayes before Midsomer and endeth 15. dayes after So that to this moneth there be 31. daies See Manwood parte prim of his Forest lawes pag. 86. but more at large parte secunda cap. 13 per totum It is also called the defence moneth that is the forbidden moneth and the word defence is vsed in like sort West 2. cap. 47. anno 13. Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Natiuitie c. Fennycricke or rather Fenegreeke Foenum Graecum is a medicinall plant or herbe so called because it groweth like hey and commeth out of Greece Of this you may reade more in Gerrards herball lib. 2. cap. 483. The seede therof is reckoned among drugs that are to be garbled an 1. Iacob cap. 19. Feofment feoffamentum by the opinion of Sir Thomas Smith de Repub. Anglor lib. 3. cap. 8. and M. West part prim symbol lib. 2. sect 280. is descended from the Gottish word feudum which you haue interpreted in fee and signifieth donationem feudi But as M. West also addeth it signifieth in our common lawe any gift or graunt of any honors castels maners mesuages lands or other corporall and immoueable things of like nature vnto another in see simple that is to him and his heires for euer by the deliuerie of seisin and possession of the thing giuen whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in euery feofment the giuer is called the Feaffour feoffator and he that receiueth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference betweene a feoffour and a donour is that the feoffour giueth in fee-simple the donour in fee-taile lib. 1. cap. 6. Feodarie aliâs Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the master of the Court of wards and liueries by leters patents vnder the seale of that office His function is to be present with the Escheater at the finding of any office and to giue euidence for the king as well cōcerning the valew as the tenure and also to suruey the land of the ward after the office found and to rate it He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands with in his circuit and to answer them to the Receiuer of the court of wardes and liueries This officer is mentioned anno 32. H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat
craftie wilie or subtill sometime as much as artificiall curious singular exact or perfect as Rien contrefaict fin i. nihil simulatum aut adimitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as is set downe in that worke truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 115. so that this fine force with vs seemeth to signifie an absolute necessitie or constreint not avoidable and in this sence it is vsed old nat br fol. 78. and in the statute anno 35. H. 8. ca. 12. in Perkins Dower fo 321. and Plowden fo 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a writ to Iustices for the disanulling of a fine levied of lands holding in auncient demesn to the preiudice of the Lord Register originall fol. 15. b. Fine capiendo pro terris c. is a writ lying for one that vpon conviction by a Iury hauing his lands and goods taken into the kings hand and his body committed to prison obteineth fauour for a summe of money c. to be remitted his imprisonment and his lands and goods to be redeliuerd vnto him Register orig fo 132. a. Fine levando de tenementis tentis de Rege in capite c. is a writ directed to the Iustices of the coÌ„mon plees whereby to licence them to admit of a fine for the sale of land holding in capite Regist originall fol. 167. a. Fine non capiendo pro pulchre placitando is a writ to inhibit officers of courts to take fines for faire pleading Register original fol. 179. See Beau pleder Fine pro redisseisina capienda c. is a writ that lieth for the release of one laid in prison for a redisseisin vpon a reasonable fine Register originall fol. 222. Finarie See Blomarie Finours of gold and siluer be those that purifie and part those metals from other courser by fire and water anno 4. H. 7. ca. 2. They be also called parters in the same place sometime departers Fireboote for the composition looke Hayboote It signifieth allowance or Estovers of woods to maintaine competent fire for the vse of the tenent First fruites primitiae are the profits of every spirituall liuing for one yeare giuen in auncient time to the Pope throughout all Cristendome but by the statute anno 26. H. 8. cap. 3. translated to the Prince for the ordring wherof there was a court erected an 32. H. 8. ca. 45. but this court was dissolued anno pri Mar. sess 2. ca. 10. sithence that time though those profits be reduced againe to the crowne by the statute anno 1. Eliz. ca. 4. yet was the court neuer restored but all maters therein wont to be handled were transferred to the Exchequer See Annats Fishgarthe anno 23. H. 8. ca. 18. Fitche See furre Fitzherberd was a famous lawyer in the daies of King Henry the eight and was chiefe Iustice of the common plees he wrot two worthie bookes one an abridgement of the common lawes another intituled de Natura brevium Fledâ—it commeth of the Saxon word Fled that is a fugitiue wit which some make but a termination signifiing nothing of it selfe how be it others say it signifieth a reprehen sion censure or correction It signifieth in our auncient lawe a discharge or freedome from amercements when one hauing been an outlawed fugitiue commeth to the peace of our Lord the King of his owne accord Rastall Exposition of words or being licensed Newe termes of lawe See Bloodwit and Childwit See Fletwit Fleete Fleta is a famous prison in London so called as it seemeth of the riuer vpon the side whereof it standeth Camden Britannia pag. 317. Vnto this none are vsually committed but for contempt to the king and his lawes or vpon absolute commaundemeÌ„t of the king or some of his courts or lastly vpoÌ„ debt when men are vnable or vowilling to satisfie their creditours Flemeswit or rather Fleherswit commeth of the Saxon word Flean which is a contract of Flegen that is to flie away It signifieth with our lawyers a libertie or charter whereby to chalenge the catel or amercements of your man a fugitiue Rastall Exposition of words See Bloodwit Fleta writeth this word two other waies as Flemenesfree vie or Flemesfreicthe and interpreteth it habere catalla fugitivorum li. 1. ca. 47. Fleta is a feigned name of a learned lawyer that writing a booke of the common lawes of England and other antiquities in the Fleete termed it thereof Fleta He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem li. 1. ca. 20. § qui ceperint li. 2. ca. 66. § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flichtwit is a libertie to courts and to take vp the amercements pro melletis he giueth the reasoÌ„ because Flicht is called Fliting in french Melle which sometime is conioyned with hand-strookes And in some bookes Placitum de melletis is called the moote or plee of beating or striking Flight See Finer Florences anno 1. R. 3. ca. 8. a kinde of cloth so called Flotsen aliâs Flotzam is a word proper to the sease signifiing any goods that by shipwrecke be lost and lie floting or swimming vpon the toppe of the water which with Ietson and lagon and shares be giuen to the Lord Admirall by his leters patents Ietson is a thing cast out of the shippe being in daunger of wrecke and beaten to the shore by the waters or cast on the shore by the marriners Coke vol. 6. fo 106. a. Lagon aliâs Lagam vel Ligan is that which lyeth in the bottome of the sea Coke ibi Shares are goods due to more by proportion Foder fodrum signifieth in our English tongue a course kinde of meate for horses and other catell But among the Feudists it is vsed for a prerogatiue that the prince hath to be provided of corn and other meate for his horses by his subiects towards his wars or other expeditions Arnoldus Clapmarius de arcanis imperii lib. 1. ca. 11. And reade Hotoman de verbis feudalibus litera F. Folgheres or rather Folgers be folowers if we interpret the word according to the true signification Bracton saith it signifieth eos qui alii deserviunt lib. 3. tract 2. cap. 10. Folkmoote is a Saxon word compounded of Folk i. populus Gemettan i. convenire It signifieth as M. Lamberd saith in his explication of Saxon words verbo Conuentus two kind of Courts one nowe called the countie court the other called the Shyreeues turne This word is still in vse among the Londoners and signifieth celebrem ex omni ciuitate conuentum Stowe in his Suruey of London but M. Manwood in his first part of forest lawes pag. 111. hath these words Folkemote is the court holden in London wherein all the folke and people of the citie did complaine on
and boundes of the forest parte 2. ca. 19. nu 4. fol. 121. Freoborgh aliâs Fridburgh aliâs Frithborg Frideburgum commeth of two Saxon words Freo i. liber ingenuus and borgh i. fideiussor or of Frid. i pax Borgha i. sponsor This is otherwise called after the French Franck pledge the one being in vse in the Saxons time the other sithence the Conquest wherefore for the vnderstanding of this reade Franck pledge That it is all one thing it appeareth by M. Lamberd in his explication of Saxon words verbo Centuria and againe in the lawes of King Edward set out by him fol. 132. in these words Praeterea est quaedam summa maxima securitas per quam omnes statu firmissimo sustinentur viz. vt vnusquisque stabiliat se sub fideiussionis securitate quam Angli vocant Freoborghes soli tamen Eberacenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum Haec securitas hoc modo fiebat quòd de omnibus villis totius regni sub decennali fideiussione debebant esse vniuersi ita quòd si vnus ex decem forisfecerit novem adrectum eum haberēt quòd si aufugeret daretur lege terminus ei 31. dierum vt quaesitus interim inventus ad iustitiam Regis adduceretur de suo illico restauraret damnum quod fecerat Etsi ad hoc forisfaceret de corpore sno iustitia fieret Séd si infra praedictum terminum inveniri non posset c as in the booke Bracton maketh mention of Fridburgum lib. 3. tract 2. cap. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team huiusmodi libertates milites suos proprios servientes armigeros sc dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos Armigeros alios sibi servientes Quòd si cui forisfecerint ipsi domini sui habeant eos adrectum et si non habuerint solvant pro eis forisfacturam Et sic obseruandum erit de omnibus alits qui sunt de alicuius manupastu Out of these words I learne the reason why great men were not combined in any ordinarie dozeine and that is because they were a sufficient assurance for themselues and for their meniall seruants no lesse then the tenne were one for another in ordinarie dozeins See Frank pledge see Skene de verborum significatione verbo Freiborgh Fleta writeth this word frithborgh and vseth it for the principall man or at the least for a man of euery dozein Frithborgh saith he est laudabilis homo testimonii liber vel servus per quem omnes iuxta ipsum commorantes firmiori pace sustententur sub stabilitate fideiussionis eius vel alterius per denarium numerum vnde quilibet quasi plegius alterius it a quod si vnus feloniam fecerit novem tenentur ipsum ad standum recto praesentare lib. 1. ca. 47. § Frithborgh See Roger Hoveden parte poster suorum annal in Henrico secundo fol. 345. a. b. Frier frater commeth of the French fiere there be foure orders reckoned of them anno 4. H. 4. cap. 17. viz. Minours Augustines Preachers and Garmelites the foure principall orders of which the test descend See in Zechius de rep ecc pag. 380 Looke Linwood titulo de relig demibus cap. 1. verb. Sancti Augustin Frier observant frater observans is an order of Franciscans for the better vnderstanding of whom it is to be noted that of those 4. orders mentioned in the word Frier the Franciscans are minores tam Obseruantes quòm Conventuales Capuchini Zecchus de Repub. Eccl. tract de regular cap. 2. These Friers observant you find spoken of anno 25. H. 8. cap. 12. who be called observants because they are not combined together in any cloyster covent or corporation as the Conuentuals are but only tye themselues to obserue the rites of their order and more strictly then the Conuentuals doe and vpon a singularitie of zeale separate themselues from them liuing in certaine places and companies of their owne chusing And of these you may reade Hospinian de orig progr Monachatus fol. 878. cap. 38. Friperer is taken from the French fripier interpolator one that scowreth vp and cleanseth old apparell to sell againe This word is vsed for a bastardly kind of broker anno 1. Iaco. cap. 21. Frithborgh see Freeborgh Frithsoken signifieth surety of defence as Saxon saith in the description of England cap. 12. It seemeth to come of these two Saxon words frith or frid or fred i. pax soken i. quaerere Fleta tearmeth it frithsokne vel forsokne yeelding this reason Quòd significat libertatem habendi franci plegii Fuer fuga commeth of the French fuir i. fugere though it be a verbe yet it is vsed substantiuely in our common law and is twofold fuer in feit in facto when a man doth apparently and corporally flie and fuer in ley in lege when being called in the countie he appeareth not vntill he be outlawed for this is flight in interpretation of law Staw nf pl. cor lib. 3. c. 22. Fugitiues goods bona fugitiuorum be the proper goods of him that flyeth vpon felonie which after the flight lawfully found do belong to the king Coke vol. 6. fol. 109. b. Furlong ferlingum terrae is a quantitie of grounde containing twenty lugs or poles in length and euery pole 16 foote and a halfe eight of which furlongs make a mile anno 35. Fd. 1. cap. 6. It is otherwise the eighth part of an acre See Acre In the former signification the Romanes call it stadium in the later iugerum This measure which wee call a pole is also called a perch differeth in length according to the custome of the countrey See Perch Furre furrura commeth of the French fourrer i. pelliculare to line with skinnes Of furre I find diuers strange kinds in the statute anno 24. H. 8. cap. 13. as of sables which is a rich furre of colour betweene blacke and browne being the skinne of a beast called a Sable of quantitie betweene a Polecat and an ordinarie cat and of fashion like a Polecat bred in Ruscia but most and the best in Tartaria Lucerns which is the skinne of a beast so called being nere the bignes of a wolfe of colour betweene red and browne something mayled like a cat and mingled with blacke spottes bred in Muscovie and Ruscia is a very rich furre Genets that is the skinne of a beast so called of bignes betweene a cat and a wesell mayled like a cat and of the nature of a cat bred in Spaine Whereof there bee two kinds blacke and gray and the blacke the more precious furre hauing blacke spots vpon it hardly to be seene Foines is of fashion like the Sable bred in Fraunce for the most part the toppe of the furre is blacke and the ground whitish Marterne is a
enabled to hould certaine plees of land within their owne precincts This word Gildes or Guildes is so vsed anno 37. Ed. 3. ca. 51. anno 15. R. 2. cap. 5. And Gildhalda Teutonicorum is vsed for the fraternity of easterling merchaunts in London called the stilyard anno 22. H. 8. cap. octauo Ginger Zinziber is a spice well knowne being the roote of a plant that groweth in hot countries as Spaine Barbary c. The true forme whereof you haue expressed in Gerards herball li. 1. ca. 38. This is a spice whose roote is to be garbled anno 1. Iaco. ca. 19. Ginny peper piper de Ginnea is otherwise called Indian peper of the place whence it commeth The nature and farder description whereof you haue in Gerards herball lib. 2. ca. 66. This you haue mentioned among drugs and spices to be garbled in the statute i. Iaco. ca. 19. Gisarms anno 13. Ed. 1. stat 3. cap. 6. is a kinde of weapon Flet a writeth it Sisarmes lib. 1. ca. 24 § item quod quilibet Glaunce Ore Plowden casu Mines fo 320. b. Glanuill was a learned lawyer that was Chiefe Iustice in Henry the seconds dayes and writte a booke of the common lawes of England which is the auncientest of any extant touching that subiect Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He died in Richard the first his daies at the citie of Acres in the coast of Iury being with him in his voyage to the holy land Plowden casu Stowel fol. 368. b. Goe is vsed sometime in a speciall signification in our cōmon lawe as to go to God is to be dismissed the court Broke titulo Fayler de records num 1. Goe forward seemeth also to be a signe giuen by a Iudge to the Sergeant or Counceler pleading the cause of his client that his cause is not good For when he standeth vpon a point of lawe and heareth those words of the Iudges mouth he taketh vnderstanding that he looseth the action Smith de Repub. Anglo lib. 2. cap. 13. To go without day is as much as to be dismissed the court Kitchin fol. 193. Good behauiour See Good abearing Good abearing Bonus gestus is by an especiall signification an exact cariage or behauiour of a subiect toward the king and his liege people whereunto men vpon their euill course of life or loose demeanure are sometimes bound For as M. Lamberd in his Eirenarcha lib. 2. cap. 2. saith he that is bound to this is more strictly bound then to the peace because where the peace is not broken without an affray or batterie or such like this suretie de bono gestu may be forfeited by the number of a mans company or by his or their weapons or harnesse Where of see more in that learned Writer in the same chapter as also in M. Cromptons Iustice of peace fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127. Good country Bona patria is an Assise or Iury of country men or good neighbours Skene de verbo signif verbo Bona patria Graffer grafarius signifieth as much as a notarie or scriuener It commeth of the French greffier i. scriba actuarius This word is vsed in the statute anno 5. H. 8. c. 1. Graines grana paradisi aliâs Cardamomum is a spice medicinable and wholesome whereof you may see diuers kindes in Gerards herball l. 3. ca. 148. These are cōprised among merchādise that be to be garbled an◠I. c. 19. Grand assise See Assise and Magna assisa Grand Cape see Cape and Attachment Grand Sergeanty See Chyvalrie Seargeantye Grand distresse Magna destrictio is a distresse taken of all the lands and goods that a man hath within the county or bayliwicke whence he is to be distrained Fleta li. 2. ca. 69. § penult See Distresse This word is vsed anno 51. H. 3. ca. 9. This falleth out when the defendant hath been attached and yet appeareth not vpō his attachment or whē he appeareth afterward makes default For then the Shyreeue is commanded to distreine the Defendant by all his goods and chatels and to answer the king the issues of his lands Grange grangia is a house or building not onely where corne is laide vp as barns be but also where there be stables for horses stalles for oxen and other catell sties for hogs and other things necessary for husbandry Lindwood ca. item omnes de iudiciis verbo Graungus in glossa Graunt Concessio grantum Glanvile signifieth specially in our common law a gift in writing of such a thing as cannot aptly be passed or conueyed by word only as rent reversions seruices advowsens in grosse common in grosse villein in grosse tythes c. or made by such persons as cannot giue but by deede as the king and all bodies politique which differences be often in speech neglected and then is it taken generally for euerry gift whatsoeuer made of any thing by any person and he that graunteth it is named the grauntour and he to whome it is made the Grauntee West parte i. symbol lib. 2. sect 334. A thing is said to lie in graunte which cannot be assigned with out deede Coke l. 3. Lincolnes Coll. case f. 63. a. Greate men are sometimes vnderstood of the laity of the higher house of parlament as anno 43. Ed. 3. ca. 2. anno 8. R. 2. in prooem and sometime of the knights c. of the lower house as anno 2. R. 2. stat 2. in princip Gree commeth of the French Grè i. sententia beneplaecitum It signifieth in our common law contentment or good liking as to make gree to the parties is to satisfie them for an offence done anno 1. Rich. 2. cap. 15. Greachbreach is breaking of the peace Saxon in the descriptiion of England ca. 11. v. Rastal titulo exposition of words The new expounder of lawe termes writeth it Grichbreach and giueth it the same signification See Greve Greene hewe is all one with vert Manwood parte 2. of his forest lawes cap. 6. nu 5. See Vert. Greene waxe seemeth to be vsed for estretes deliuered to Shyreeues out of the exchequer vnder the seale of that court to be levied in the county anno 42. Ed. 3. ca. 9. anno 7. H. 4. cap. 3. See Forein apposer Greue praepositus is a word of power and authoritie signifiing as much as Dominus or praefectus Lamberd in his exposi of Saxon words verbo Praefectus Where he seemeth to make it all one with Reve as I thinke vndoubtedly it is The Saxon word is Gerefa whereof we haue diuers words compounded as Shyreeue Portgreave c. which were wont of the Saxons to be written Scyrgerefa Portgerefa See Shyreeue and Portgreve See Roger Hoveden parte poster suorum annal fo 346. b. where he saith thus Greue dicitur ideo quod iure debeat grithe i. pacem ex illis facere qui patriae inferunt Vae i. miseriam vel malum Grithbreach
to the crowne or graunted vnto some great subiect and so remaine still in the nature of a Fraunchise And this hath beene euer sithence the stat anno 14. Ed. 3. stat 1. ca. 9. whereby these Hundred courts formerly fermed out by the Shyreeue to other men were reduced all or the most part to to the countie court and so haue and doe remaine at this present So that where you read now of any hundred courts you must know that they be seuerall fraunchises wherein the Shyreeue hath not to deale by his ordinarie authoritie except they of the Hundred refuse to doe their office See West parte 1. symbol lib. 2. sect 288. See Turn The newe expounder of lawe termes saith that the latine Hundredum is sometime vsed for an immunitie or priviledge whereby a man is quit of mony or customes due to the gouernours or Hundreders Hundreders Hundredarii be men empaneled or fit to be empaneled of a Iurie vpon any controversie dwelling within the Hundred where the land lieth which is in question Cromptons Iurisdict fol. 217. anno 35. Henrici 8. cap. 6. It signifieth also him that hath the Iurisdiction of a hundred and holdeth the hundred court anno 13. Ed. pri ca. 38. anno 9. Ed. 2. stat 2. anno 2. Ed. 3. ca. 4. and sometime is vsed for the Bayliffe of an hundred Hornin his mirrour of Iustices li. 1. ca del office del coroner Hundredlaghe signifieth the Hundred courte from the which all the officers of the Kings forest were freed by the charter of Canutus ca. 9. Manwood parte 1. pag. 2. Huors See Conders Huseans commeth of the French houseaux i. ocrea aboote It is vsed in the Statute anno 4. Ed. 4. ca. 7. Hustings Hustingum may seeme to come from the French Haulser i. tollere attollere suberigere for it signifieth the principall and highest court in London anno 11. H. 7. ca. 21. Fitzh nat br fol. 23. See anno 9. Ed. pri ca. vnico Other Cities and townes also haue had a court of the same name as Winchester Lincolne Yorke and Sheppey and others where the Barons or Citizens haue a record of such things as are determinable before them Fleta libro 2. cap. 55. Husfastene is he that holdeth house and land Bracton lib. 3. tractat 2. ca. 10. His words be these Et in franco plegio esse debet omnis qui terram tenet domum qui dicuntur Husfastene etiam alii qui illis deserviunt qui dicuntur Folgheres c. I A I Arrock anno 1 Rt. 3. ca. 8. is a kinde of cork so called Identitate nominis is a writ that lyeth for him who is vpon a Capias or Exigent taken and committed to prison for another man of the same name whereof see the forme and farder vse in Fitzh nat br fol. 267. see the Register originall fol. 194. Idiot and he that afterward becometh of insane memory differeth in diuers cases Coke fol. 154. b. lib. 4. See here following Idiota inquirenda Idiota inquirenda vel ex aminanda is a writ that is directed to the excheatour or the Shyreeue of any county where the king hath vnderstanding that there is an Idiot naturally borne so weake of vnderstanding that he connot gouern or mannage his inheritance to call before him the partysuspected of Idiocie examin him And also to inquire by the oaths of twelue men whether he be sufficiently witted to dispose of his owne lands with discretion or not and to certifie accordingly into the Chauncery For the king hath the protection of his subiects by his prerogatiue the gouernmēt of their lands and substance that are naturally defectiue in their owne discretion statut de praerogatiua Regis editum anno 17. Ed. 2. cap. 8. wherof read Stawnf praerog cap. 9. and of this writ read Fitzh nat br fol. 232. see the register orig fol. 267. Ietzon se Flotzon Ieofaile is cōpoūded of 3. french words I' ay faille i. ego lapsus sum signifieth in our commō lawe an ouer-sight in pleading touching the which you haue a statute anno 32. H. 8. cap. 30. whereby it is enacted that if the Iury haue once passed vpon the issue though afterward there be found a Ieofaile in the pleading yet iudgement shall likewise be giuen according to the verdict of the Iury. See Brooke tit Rrepleder the author of the new tearms of law saith that a Ieofaile is when the parties to any suite haue in pleading proceeded so farre that they haue ioyned issue which shal be tried or is tried by a Iury or inquest and this pleading or issue is so badly pleaded or ioyned that it will be errour if they proceed then some of the said parties may by their councell shew it to the court as well after verdict giuen and before iudgement as before the Iury be charged the shewing of which defects before the Iury charged was often when the Iury came into the court to trie the issue then the councell which will shew it shall say this inquest you ought not to take and if it be after verdict then he may say to Iudgement you ought not to goe and because of this many delayes grew in suites diuers statutes are made to redresse them viz. 32. H. 8. c. 30. others in Q. Elizabethes daies and yet the fault litle amended Ignoramus is a word properly vsed by the grand Enquest empaneled in the inquisition of causes criminall and publique and writen vpon the bill whereby any crime is offered to their cōsideration when as they mislike their euidence as defectiue or to weake to make good the presentment The effect of which word so written is that all farder inquiry vpon that party for that fault is thereby stopped and he deliuered without farder aunswer It hath a resemblance with that custome of the auncient Romans where the Iudges when they absolued a person accused did wright A. vpon a litle table prouided for that purpose i. Absoluimus if they iudged him guilty they writ C. id est Condemnamus if they found the cause difficult and doubtfull they writ N. L. id est Non liquet Asconius Pedianus in oratio pro Milone Alexander ab Alexandro Genial dierum li. 3. ca. 14. Ikenildstreate is one of the four famous wayes that the Romans made in England taking the beginning ab Icenis which were they that inhabited Northf Southf and Cambridg shyre Camd. Britan. fol. 343. See Watlingstreat Imparlance interlocutio vel interloquela is a petition made In court vpon the count of the Demanndant by the tenent or declaration of the plaintife by the defendant whereby he craueth respight or an other day to put in his aunswer See Brooke titulo Continuaence See Dies datus Imparlaunce seemeth to be generall or speciall speciall imparlaunce is with this clause saluis omnibus aduantagiis tam ad iurisdictionem curiae quà m breue narrationem Kitchin fol. 200. Then generall in reason must be that which
brought in the masse to his Exchange for coyne Seignorie Dominium is borowed of the French seigneury i. ditio dominatus imperium principatus potentatus It signifieth peculiarly with vs a Maner or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the title of him that is not Lord by meanes of any maner but immediatly in his owne person as Tenure in capite whereby one holdeth of the King as of his Crowne is seignorie in grosse because it is held of the king for the time being and not of the King as of any honour maner c. Kitchin fol. 206. See Seignior Seisin seisina is borowed of the French seisine i. possessio and so it signifieth in our common lawe and to seise is to take possession Primier seisin prima seisina is the first possession See Primier seisin of the French word seisir is made a Latine seisire vsed by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Ciuilians Guido Pap. singula 865. Seisire est etiam possessionem tradere Tiraquellus in Tractatu Le mort saisit le vif pag. 53. num 3. Seisin with our common Lawyers is two fold seisin in fact and seisin in lawe Perkins Dower 369. 370. Seisin in fact is when a corporall possession is taken seisin in lawe is when something is done which the lawe accompteth a seisin as an Inrolment Seisin in lawe is as much as a right to lands and tenements though the owner be by wrong disseised of them Perkins Tenent per le courtesie 457. 478. And it seemeth by Ingham that he who hath had an houres possession quietly taken hath seisin de droit de claime whereof no man may disscise him by his owne force or subtiltie but must bee driuen to his action § Bref denovel disseisin Sir Edward Cooke lib. 4. calleth it seisin in lawe or seisin actuall fol. 9. a. The Ciuilians call the one ciuilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a writ that lyeth for the deliuery of seisin to the Lord of his land or tenements that formerly was conuicted of felony after the King in the right of his prerogatiue hath had the yeare day and wast Rog. orig fol. 165. a. Selion selio is borowed of the French sellon i. terra elata inter duos sulcos in Latine Porca in english a Ridge or land It signifieth euen so with vs also and is of no certaine quantity but some time conteineth an acre sometime halfe an acre sometime more and sometime lesse West parte 2. symbol titulo Recouery sect 3. Therefore Crompton in his Iurisdictions fol 221. saith that a selion of land cannot be in demaund because it is a thing vncertaine Seneshall senescallus is a French word but borowed from Germany being as Tilius saith compounded of Schal i. servus aut officialis and Gesnid 1. familia we english it a Steward As the high Seneshall or Steward of England pl. cor fol. 152. High Seneshall or Steward and South seneshall or vndersteward Kitchin fol. 83 is vnderstood for a steward or vndersteward of Courts Seneshal de l'hostel de Roy Steward of the Kings houshold Cromptons Iurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshall of England inhibiting them to take cognisance of any action in their court that concerneth either Freehold dept or couenant Register orig fol. 185. a. 191. b. Senie aliâs Sene sena is a leafe of a medicinable herbe that bringeth foorth stalkes of a cubite high purging phlegmaticke cholericke and also melancholicke humors without great violence The farder vse whereof you may reade in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other drugs and spices to be garbled anno 1. Iacob cap. 19. Septuagesima is a sunday certaine and alwayes the third sabbath before Shrouesunday from the which vntill the Octaues after Easter the solemnizing of mariage is by the Canon lawes forbidden The reason whereof is giuen for that all this time vntill Easter is a time of mourning for the fall of Adam and for the miserie of man thereof insuing And Easter with the Octaues thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest ouer death and sinne And that therefore all carnall affection ought during that space to be wholy mortified in vs See Quinquagesima see Aduent see Rogation weeke Sequatur sub suo periculo is a writ that lyeth where a summons ad warrantizandum is awarded and the Shyreeue returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controuersie from the possession of both those that contend for it And it is double voluntarie or necessarie Voluntarie is that which is vsed by the consent of each partie Necessarie is that which the Iudge of his authoritie doth whether the parties will or not It is vsed also for the act of the ordinarie disposing of office the goods and chatels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. nu 42. fol. 271. num 26. As also in the gathering of the fruites of a Benefice voide to the vse of the next incumbēt anno 28. H. 8. cap. 11. Fortescue cap. 50. and in diuers other cases Sequestro habendo is a writ iudiciall for the dissoluing of a sequestration made by the Bishop at the Kings commaundement of the fruites of a benefice thereby to compell the Parson to appeare at the suite of another for the Parson vpon his apparence may haue this writ for the release of the sequestration egist Iudicial fol. 36. a. Sergeant seruiens commeth of the French sergeant i. satelles accensus a man of the Guard a kind of souldier so called because he was saepè aecitus ad res necessarias in exercitu peragendas Calepin M. Skene de ver sign verb. Seriant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est includere gent quod pro gente populo vel plebe vsurpatur Itaque Seriandus dicitur qui iussu magistratus quemlibet de populo reum crimin is in carcerem coniicit seu includit This word Sergeant is diuersly vsed in our law and applyed to sundrie offices and callings First a Sergeant at lawe or of the coyfe is the highest degree taken in that profession as a Doctor is in the ciuill lawe And to these as men best learned and best experienced of all others is there one court seuered to plead in by themselues and that is the Court