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
such heirs c. This Fee-tail hath the original from the statute of Westminster 2. cap. pri which was made anno 13 Edw. 1. Yet see Bracton lib. 2. cap. 5. num 3. in his verbis Item quaedam absoluta larga quaedam stricta coarctata sicut certis haeredibus To whom adde Plowden casu Willion fol. 235 a b seq for before that statute all land given to a man and his Heirs either general or special was accounted in the nature of Fee and therefore held to be so firmly in him to whom it was given that any limitation notwihstanding he might alienate and fell it at his pleasure much like that which the Civilians call Nudum praeceptum binding rather by counsel and advice than compulsion or restraint And this thing seeming unreasonable to the wisdome of our Realm because so a man meaning well to this or that posterity of himself or his friends might be forthwith deceived of his intention the said statute was made for redresse of this inconvenience whereby it is ordained that if a man give lands in fee limiting the Heirs to whom it shall descend with a reversion to himself or his Heirs for default c. that the form and true meaning of his gift shall be observed Wherefore in what conscience our Lawyers have invented means so easily to cut off this form of gift it is to be considered He that hath Fee then holdeth of another by some duty or other which is called service and of this service and the diversity thereof See Chivalrieâ— and Service He that will learn from what fountain these Feuds or Fees did first spring let him read Antonius Contius his first chapter de methodo feudorum where he shall receive great light for his guide into so obscure a dungeon See Leige This word Fee is sometimes used with us for the compasse or circuit of a Lordship or Manner Bracton lib. 2. cap. 5. in these words In eadem villa de eodem feodo Thirdly it is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee eod fol. 6. Old nat brev 41. Foster in Fee eod fol. 6. Rent granted in fee eod fol. 8. Sheriff in fee anno 28 Ed. 1. stat 3. cap. 8. Lastly Fee signifieth reward or ordinary duty that a man hath given him for the execution of his office or the performance of his industrie in his art or science as the Lawyer or the Physician is said to have his Fee when he hath the consideration of his pains taken the one with his Client the other with his Patient Fee expectant is by the Feudists termed feudum expectativum or expectativa substantively used Mathaeus de Afflictis decis 292. num 2. pag. 417. See expectant Fee-ferm fendi firma is acompound of Fee whereof see Fee and ferme i. colonia villa praedium rusticum of Ferme cometh Fermier du Prince i. manceps redemptor publicorum vectigalium Publicanus Fee-ferm signifieth in our Common law land held of another in Fee that is in perpetuity to himself and his Heir for so much yeerly rent as it is reasonably worth more or lesse so it be the fourth part of the worth old tenures See exposition of the Statute of Glocester anno 6 Edw. 1. without homage fealty or other services other than be especially comprised in the Feofment but by Fitzh it seemeth that the third part of the value may be appointed for the rent or the finding of a Chaplain to sing divine Service c. nat br fol. 210. C. And the nature of it is this that if the rent be behind and unpaid for the space of two years then the Feoffor or his Heirs have action to recover the lands as their demesnes Britton cap. 66. num 4. but observe out of West symbol parte 1. lib. 2. sect 463. that the Feofment may contain services and sute of Court as well as rent And the Author of the new Terms of law saith That Fee-ferm oweth Fealty though not expressed in the Feofment for that fealty belongeth to all kind of Tenures This is neer the nature of that which among the Civilians is called ager vectigalis qui in perpetuum licetur i. hac lege ut quam diu pro eo vectigal pendatur tam diunique ipsis qui conduxerunt ueque iis qui in locum eorum successerunt auferri cum liceat li. 1. Ï€. si ager vectigalis c. Feed feida alias faida signifieth in the German tongue Guerram i. capitales in micitias vel bellum Hotoman disputat de feudis cap. 2 b. Foemina dicâ—tur faidam non facere Gloss in § ult de lege Conradi lib. 2. de feudis by reason that Women by the law are not subject to warfare to battel or proclamation made for that cause Skene de verbo significa verbo Affidatio Master Lambert in his exposition of Saxon words writeth it Feeth and saith likewise that it signifieth Capitales inimicitias And also that Feud used now in Scotland and the North pates of England is the same that is a combination of kindred to revenge the death of any of their blood against the killer and all his race Felony felonia seemeth to come of the French Felonnie i. impetuositas atrocitas immisericordia Felonia saith Hotoman de verbis feudalibus non praescisè contumaciam vasalli in dominum hujusve in vasallum perfidiaâ—â— significat ver in quodvis capitale facinus And again Felonia Gothis Longobardis dicitur quod Germanis bodie Schelmarey Litinis Scelus Sir Edward Coke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fol. 124. b. Hostiensis in sua summa titulo De Feudis And others speak of this to this effect Felonia aliâs falonia est culpa vel injuria propter quam vassallus amittit feudum Sed haec respicit Dominum fendi Est alia fallonia quae non respicit Dominum sc quando vassallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commi sit quod pa ric dii appellatione continetur plures aliae fallonlae tam resp cientes Dominum quà m alios propter quas feudum amittitur â—bi notantur We account any offence Felony that is in degree next unto petit treason and compriseth divers particulars under it as murther theft killing of a mans self Sodometry Rape wilfull burning of houses and divers such like which are to be gathered especially out of statutes whereby many offences are daily made felony that before were not Felony is discerned from lighter offences by this that the punishment thereof is death Howbeit this is not perpetual For petit larcenie which is the stealing of any thing under the value of twelve pence is felony as appeareth by Broke titulo Coren num 2. his reason is because the Inditement against such a one must run with these words felonicè cepit and yet is this
was the Court never restored but all matters therein wont to be handled were transferred to the Exehequer See Annats Fishgarth anno 23 H. 8. cap. 18. Fitche See Furre Fitzherberd was a famous Lawyer in the dayes of King Henry the eighth and was chief Justice of the Common plees he wrote two worthy Books one an Abridgement of the Common Laws another intituled De Natura Brevium FL Fledwit cometh of the Saxon word Fled that is a fugitive wit which some make but a termination signifying nothing of it self howbeit others say it signifieth a reprehension censure or correction It signifieth in our ancient Law a discharge or freedom from amercements when one having been an Out-lawed fugitive cometh to the peace of our Lord the King of his own accord Rastal Exposition of words or being licensed New Terms of Law See Bloodwit and Childwit See Fletwit Fleet Fleta a famous prison in London so called as it seemeth of the River upon the side whereof it standeth Cambden Britannia pag. 317. Unto this none are usually committed but for contempt to the King and his Laws or upon absolute commandement of the King or some of his courts or lastly upon debt when men are unable or unwilling to satisfie their Creditours Flemeswit or rather Flehenswit cometh of the Saxon word Flean which is a contract of Flegen that is to fly away It signifieth with our Lawyers a liberty or Charter whereby to challenge the Cattel or amercements of your man a fugitive Rastal Exposition of words See Bloodwit Fleta writeth this word two other wayes as Flemenes frevie or Flemesfreict he and interpreteth it habere catalla fugitivorum lib. 1. cap. 47. Fleta is a feigned name of a learned Lawyer that writing a Book of the Common laws of England and other antiquities in the Fleet termed it thereof Fleta He seemeth to have lived in Edward the seconds time and Edward the thirds idem lib. 1. cap. 20. § qui ceperint lib. 2. cap. 66 § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flitchtwit is a liberty to Courts and to take up the amercements pro melletis he giveth the reason because Flitcht is called Flitting in French Melle which sometime is conjoyned with handstroke And in some books Placitum de meltis is called the moot or plee of beating or striking Flight see Finer Florences an 1 R. 3. cap. 8. a kind of cloath so called Flotson aliâs Flotzam is a word proper to the Seas signifying any goods that by shipwrack be lost and lye floting or swimming upon the top of the water which which Jetson and lagon and shares be given to the Lord Admiral by his Letters Patents Jetson is a thing cast out of the Ship being in danger of wreck and beaten to the Shore by the waters or cast on the Shore by the Mariners Coke vo 6 fol. 106. a Lagon aliâs Lagam vel Ligan is that which lieth in the bottom of the Sea Coke ibid. Shares are goods due to more by proportion FO Foder fodrum signifieth in our English tongue a coarse kind of meat for Horses and other Cattel But among the Feudists it is used for a prerogrative that the prince hath to bee provided of corn and other meat for his horses by his subjects toward his Warrs or other expeditions Arnoldus Clapmarius de arcunis Imperii lib. 1. cap. 11. And read Hotomaa de verbis feudalidus literaf Folgheres or rather Folgers be followers if wee interpret the word according to the â—rue signification Bracton sayth it signifieth Eos qui alii deserviunt Lib. tertio tract 2. cap. 10. Folkmoot is a Saxon word compounded of Folk i. populus and Gemeitan i. convenire It signifieth as M. Lambeâ—t saith in his exposition of Saxon words verbo Conventus two kind of courts one now called the County court the other called the Sheriffs Turn This word is still in use among the Londoners and signifieth celebrem ex omni civitate conventum Stow in his Survey of London But M. Manwood in his first part of Forest laws pag. 111. hath these words Folkemore is the Court holden in London wherein all the folk and people of the Citie did complain on the Maior and the Aldermen for mis-government within the City Forbarre is for ever to deprive anno 9. Rich. 2. ca. 2. Force forcia is a french word signifying vim nervositatem fortitudinâ—m virtutem in our Common law it is most usually applyed to the evill part and signifieth unlawfull violence West thus defineth it Force is an offence by which violence is used to things or persons parte 2. symbol titulo Indictments Sect. 65. where also he divideth it thus Force is either simple or compound Simple is that which is so committed that it hath no other crime adjoined unto it as if one by force doe only enter into another mans possession without doing any other unlawfull act here Mixt force is that violence which is committed with such a fact as of it self only is criminal as if any by force enter into another mans possession and kill a man or ravish a woman there c. he farther divideth it into true force and force after a sort and so proceedeth to divers other branches worth the reading as forceable entry forceable detaining unlawful assembly Rowtes Riots Robellions c. Forceable det aining or witholding of possession is a violent act of resistance by strong hand of men weaponed with harness or other action of fear in the same place or elsewhere by which the Lawful entry of Justices or others is barred or hindred West parte 2. symb titulo Inditements Sect. 65. M. of this see Cromptons Justice of pe ce fol. 58. b. c. usq ad 63. Forcible entrie Ingressus mann forti factua is a violent actuall entry into a house or land c. or taking a distresse of any person weaponed whether he offer violence or fear of hurt to any there or furiously drive any out of the possession thereof West par 2. symb titulo Indictments sect 65. L. of this see Cramptons Justice of peace f. 58. b. 59. c. usq 63. It is also used for a writ grounded upon the Stat. aâ— 8. H. 6. c. 9. wherof read Fiaz nat br at large f. 248. See the new book of Entries verbo Forcible Entrie See Lamb. definition in â—emain â—asâ—â—s Firen l. 2. ca. 4. pag. 145. Forem faâ—infocus commeth of the French forain i. exterus extornus it is used adjectively in our Common law and joyned with divers substantives in senses not unworthy the exposition as Forain matter that is matter triable in another County pl. co fol. 154. or matter done in another County Kitchin fol. 126. For. inplea forinsecum placiâ—um is a refusall of the Judge as incompetent because the matter in hand was not within his precincts Kitchin fo 75. an 4. H. 8. cap. 2. anno 22 ejusdem cap.
ipsum commorantes firmiorâ— pace sustententur sub stabilitate fidejussionis ejus vel alterius per denarium numerum unde quilibet quasi plegius alterius ita quod si unus feloniam fecerit novem tenentur ipsum ad standum recto praesentare Lib. 1. cap. 47. sect Frithborgh See Roger Hoveden parte poster suorum annal in Henrico secundo fol. 345. a.b. Frier frater cometh of the French frere there be four orders reckoned of them anno 4 H. 4. cap. 17. viz. Minors Augustines Preachers and Carmelices the four principal orders of which the rest descend See in Zechius de Repub. Ecc. pa. 380. Look Linwood titule de relig domibus cap. 1. verbo Sancti Augustin Frier observant frater observans is an order of Franciscans for the better understanding or whom it is to be noted that of those four orders mentioned in the word Frier the Franciscans are minores tam Observantes quam conventuales Capuchini Zecchus de Repub. Eccl. tract de regular cap. 2. These Friers observants you find sooken 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 conventuals are but onely tye themselves to observe the Rites of their Order and more strictly than the Conventuals do and upon a singularity of zeal separate themselves from them living in certain places and companies of their own chusing And of these you may read Hospinian de orig progress Monachatus fol. 878. cap. 38. Friperer is taken from the French fripier interpolator one that scowreth up and cleanseth old apparel to sell again This word is used for a bastardly kind of broken anno 1 Jacob. 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 and soken i. quaerere Fleta tearmeth it frithsokne vel forsokne yeelding this reason Quòd significat libâ—rtatem habendi franci plegii FU Fuer fuga cometh of the French fuir i. fugere though it be a verb yet it is used substantively in our Common law and is twofold fuer in feit in facto when a man doth apparently and corporally flye and fuer in ley in lege when being called in the County he appeareth not until he be out-lawed for this is flight in interpretation of Law Stawnf pl. cor lib. 3. cap. 22. Fugitives goods bona fugitivorum be the proper goods of him that flyeth upon Felony which after the flight lawfully found do belong to the King Coke vol. 6. fol. 109. b. Furlong ferlingum terrae is a quantity of ground containing twenty Luggs or Poles in length and every Pole sixteen foot and a half eight of which Furlongs make a Mile Anno 35 Edward prim cap. 6. It is otherwise the eighth part of an Acre See Acre In the former signification the Romans call it stadium in the larter jugerum This measure which we call a Pole is also called a Perch and differeth in length according to the custome of the Countrey See Perch Furre furrura cometh of the French fourrer i. pelliculare to line with skinnes Of Fur I find divers strange kinds in the Statute anno 24 H. 8. cap. 13. as of Sables which is a rich Fur of colour between black and brown being the skin of a beast called a Sable of quantity between a Pole-cat and an ordinary Cat and of fashion like a Pole-cat bred in Russia but most and the best in Tartaria Lucerns which is the skin of a Beast so called being neer the bignesse of a Wolf of colour between red and brown something mailed like a Cat and mingled with black spots bred in Muscovia and Russia and is a very rich Fur. Genets that is the skin of a beast so called of bignesse between a Cat and a Weezle mailed like a Cat and of the nature of a Cat bred in Spain Whereof there be two kinds black and gray and the black the more precious Fur having black spots upon it hardly to be seen Foines is of fashion like the Sable bred in France for the most part the top of the Fur is black and the ground whitish Mattern is a beast very like the Sable the skin something coarser it liveth in all Countries that be not too cold as England Ireland c. and the best be in Ireland Miniver is nothing but the bellies of Squirels as some men say others say it is a little vermin like unto a Weezle milk white and cometh from Moscovie Fitch is that which we otherwise call the Pole-cat here in England Shanks be the skin of the shank or leg of a kind of Kid which beareth the Fur that we call Budge Calaber is a little Beast in bignesse about the quantity of a Squirrel of colour gray and bred especially in High Germanie G GA GAbel gabella gablum cometh of the French gabelle i. vectigal and hath the same signification among our old Writers that gabelle hath in France for M. Cambden in his Britannia pag. 213. speaking of Wallingford hath these words Continebat 276. hagas i. domos reddentes novem libras de gablo and pag. 228. of Oxford these Haec urbs reddebat pro telonto gablo aliis consue udinibus per annum Regi quidem viginti libras sex sextarios mellis Comiti verò Algaro decem libras Gabella a Cassanaeus defineth it de consuet Burgund pag. 119. Est vectigal quod solvitur pro bonis mobilibus id est pro hiis quae vehuntur distinguishing i. from Tributum quia tributum est p opriè quod fis co vel Principi solvitur pro rebus immobilibus Gage vaedium cometh of the French gager i. dare pignus pignore certare and is it self a French word nothing changed but in pronunciation It signifieth with us also a pawn or pledge Glanvile lib. 10. cap 6. where he saith thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles and a little after that thus Invadtatur res quandoque ad terminum quandoque sine termino Item quandoque invadiatur res aliqua in mortuo vadio quandoque non And from that Chapter to the end of the twelfth in the same book he handleth this only thing Though the word gage be retained as it is a substantive yet as it is a verb the use hath turned the G. into W. so as it is oftner written wage as to wage deliverance that is to give security that a thing shall be delivered For if he that distrained being sued have not delivered the Cattel that were distrained then he shall not onely avow the distresse but gager deliverance i. put in surety that he will deliver the Cattel distrained Fitzh nat br fol. 74. D. 67. F. whom see also fol. 67. F. G. yet in some cases he shall not be tyed to make this security as if the Cattel
Saxons pecunia vel tributum See Gyld Genets aliâs Jenets See Furre Gentleman generosus seemeth to be made of two words the one French gentil i. hònestus vel honesto loco natus the other Saxon Mon as if you would say a man well born The Italian followeth the very word calling those gentil homini whom we call Gentlemen The Spaniard keepeth the meaning calling him Hidalgo or Hijo d'algo that is the son of some man or of a man of reckoning The French men call him also gentil homme so that Gentlemen be those whom their blood and race doth make noble and known 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek in Latine Nobiles Smith de Repub. Anglor lib. 1. cap. 20. under this name are all comprised that are above Yeomen so that Noblemen be truly called Gentlemen But by the course and custome of England Nobility is either major or minor the greater contains all titles and degrees from Knights upward the lesser all from Barons downward Smith ubi supra cap. 21. The reason of the name as I take it groweth from this that they observe gentilitatem suam that is the race and propagation of their bloud by giving of arms which the common sort neither doth nor may do For by the Coat that a Gentleman giveth he is known to be or not to be descended from those of his name that lived many hundred years since Howbeit that this is neglected where substance faileth to maintain the countenance For many of great birth fall to poverty whose posterity living and labouring in want have small encouragement to look after the titles of their Ancestors and so in time slip into the number of the ignoble sort yet if they by their vertue or fortune can again advance themselves to sufficient ability the Herald out of his observations can restore them to the Coat of their Progenitors and now and then help them to one that their Ancestors never ware Gentiles homines see in Tiraquel de Nobilitate cap. 2. pag. 53. Tully in his Topickes thus saith of this matter Gentiles sunt qui inter se codem sunt nomine ab ingenuis oriundi quorum majorum nemo servitutem servivit qui capite non sunt diminuti And in the first book of his Tusc questions he calleth Tullum Hostilium one of the Kings of Rome gentilem suum General Issue vid. Issue Gestu fama is a Writ Lamb. Eirenarcha lib. 4. cap. 14. pag. 531. GI Gigge milles were for the fulling of Woollen Cloth and forbidden Anno 5 Edward 6. cap. 22. Gild alias Geld gildare cometh from the Saxon word Gildan i. solvere Lamb. in his explication of Saxon words saith verbo Contubernalis It is used as a verb and as a substantive also and as it is a substantive it is latined Gilda and signifieth a Tribute or sometime an amercement or thirdly a Fraternity or Company combined together with orders and laws made among themselves by the Princes license M. Camden citeth many antiquities by which it appeareth to signifie a tribute or tax as pag. 135. 139. 159. 168. 178. M. Crompton in his Jurisdictions fol. 191. sheweth it to be an amercement as foot geld and fol. 197. he interpreteth it to be a prestation within the Forest in these words To be quit of all manner of Gelds is to be discharged of all manner of prestations to be made for gathering of sheves of Corn of Lamb and of Wool to the use of Foresters Again M. Camden pag. 349. dividing Suffolk into three parts calleth the first Gildable because tribute is thence gathered the second libertatem S. Edmundi the third libertatem S. Etheldredae And the Statutes anno 27 Ed. 3. Stat. 2. cap. 13. anno 11 H. 7. cap. 9. use Gildable in the same sense and so doth the Statute anno 27 H. 8. cap. 26. From this M. Lamberd ubi supra is likewise perswaded that the common word Gild or Gildhall doth proceed being a Fraternity or Communalty of men gathered into one combination supporting their common charge by a mutual contribution And in the Register original fol. 219. b. I read Gildam mercatoriam that is the Gild Merchant which I have heard to be a certain liberty or privilege belonging to Merchants whereby they are enabled to hold certain plees of Land within their own Precincts This word Gildes or Guildes is so used anno 37 Ed. 3. cap. 51. anno 15 R. 2. cap. 5. And Gildbalda Teutonicorum is used for the fraternity of Easterling Merchants in London called the Stilyard anno 22 Hen. 8. cap. octavo Ginger Zinziber is a spice well known being the root of a plant that groweth in hot Countries as Spain Barbary c. The true form whereof you have expressed in Gerards Herbal lib. 1. cap. 38. This is a spice whose root is to be garbled anno 1 Jacob. cap. 19. Gynny peper piper de Ginnea is otherwise called Indian peper of the place whence it cometh The nature and farther description whereof you have in Gerards Herbal lib. 2. cap. 66. This you have mentioned among druggs and spices to be garbled in the Statute 1 Jacob. cap. 19. Gisarms anno 13 Ed. 1. stat 3. cap. 6. is a kind of weapon Fleta writeth it Sisarms lib. 1. cap. 24. § item quod quilibet GL Glawnce Ore Plowden casu Mines fol. 320. b. Glanvil was a learned Lawyer that was chief Justice in Henry the seconds dayes and writ a Book of the Common laws of England which is the ancientest of any extant touching that subject Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He dyed in Richard the first his dayes at the City of Acres in the Coast of Jury being with him in his voyage to the Holy Land Plowden casu Stowel folio 368. b. GO Go is used sometime in a special signification in our Common law as to go to God is to be dismissed the Court. Brook titulo Fayler de records num 1. Go forward seemeth also to be a sign given by a Judge to the Seargeant or Counsellor pleading the cause of his Clyent that his cause is not good For when he standeth upon a point of Law and heareth those words of the Judges mouth he taketh understanding that he loseth 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 behavior See Good abearing Good abearing Bonus gestus is by an especial signification an exact carriage or behaviour of a subject toward the King and his liege people whereunto men upon their evil 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 than to the peace because where the peace is not broken without an affray or batterie or such like this surety de bono gestu may be forefeited by the
or Exigent taken and committed to prison for another man of the same name whereof see the form and farther use in Fitz. nat br fol. 267. See the Regist. original fol. 194. Idiot and he that afterward becommeth of insane memory differeth in divers cases Coke fol. 154. b. lib. 4. See here following Idiota inquirenda Idiota inquirenda vel examinanda is a writ that is directed to the Excheator or the Sheriff of any County where the King hath understanding that there is an Idiot naturally born so weak of understanding that he cannot govern or manage his inheritance to call before him the party suspected of Idiocie and examine him And also to enquire by the oaths of 12. men whether he be sufficiently witted to dispose of his own lands with discretion or not and to certifie accordingly into the Chancerie For the King hath the protection of his Subjects and by his prerogative the government of their lands and substance that are naturally defective in their own discretion Statut. de praerogrativa Regis editum anno 17 Ed. 2. cap. 8. whereof read Stawnf praerog ca. 9. and of this writ read Fitz. nat br fol. 232. See the Regist origin fol. 267. JE Jetzon See Flotzon Jeofaile is compounded of three French words I'ay faille i. ego lapsus sum and signifieth in our common law an over-sight in pleading touching the which you have a Statute anno 32 H. 8. ca. 30. whereby it is enacted that if the Jury have once passed upon the issue though afterward there be found a Jeofail in the pleading yet judgement shall likewise be given according to the verdict of the Jurie See Brook tit Repleder The Author of the new Terms of law saith that a Jeofaile is when the parties to any Sute have in pleading proceeded so farre that they have joyned issue which shall be tryed or is tried by a Jury or inquest and this pleading or issue is so badly pleaded or joyned 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 given and before judgement as before the Iury be charged the shewing of which defects before the Jury charged was often when the Jury came into the Court to trie the issue then the Councel which will shew it shall say This inquest you ought not to take and if it be after verdict then he may say To judgement you ought not to goe and because of this many delayes grew in Sutes divers Statutes are made to redresse them viz. 32 H. 8. cap. 30. and others in Q. Elizabeths dayes and yet the fault little amended IG Ignoramus is a word properly used by the grand Enquest empaneled in the inquisition of causes criminal tnd publike and written upon the Bill whereby any crime is offered to their consideration when as they mislike their evidence as defective or too weak to make good the presentment The effect of which word so written is that all farther inquity upon that party for that fault is therby stopped and he delivered without farther answer It hath a resemblance with that custom of the antient Romans where the judges when they absolved a person accused did write A. upon a little table provided for that purpose i. Absolvimus if they judged him guilty they writ C. id est Condeninamus if they found the cause difficult and doubtful they writ N. L. id est Non liques Asconius Redianus in oratio pro Milone Alexander ab Alexandro Genial dierum lib. 3. cap. 14. IK Ikenild-street 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 Cambridgeshire Camden Britan. fol. 343. See Watling-street IM Imparlance interlocutio vel interloquela is a petition made in Court upon the Count of the Demandant by the Tenent or Declaration of the Plaintiff by the Defendant whereby he craveth respite or any other day to put in his answer See Brook titulo Continuance See Dies Daâ—us Imparlance seemeth to be general or special special imparlance is with this clause Salvis omnibus advantagiis tam ad jurisdictionem curiae quà m breve narrationem Kitchin fol. 200. Then general in reason must be that which is made at large without inserting that or the like clause See Emperlance Impeachment of waste impetitio vasti cometh of the French empeschement i. impedimentum and signifieth with us a restraint from committing of waste upon lands or tenements See waste Implements cometh of the French emploier i. insumere in re aliqua it signifieth with us things tending to the necessary use of any Trade or furniture of houshold Impost is a French word signifying tribute comming of the verb imposer i. injungere irregare It signifieth with us the tax received by the Prince for such Merchandize as are brought into any haven from other Nations anno 31 Elizabeth cap. 5. And I think it may in some fort be distinguished from Custom because Custom is rather that profit which the Prince maketh of wares shipped out of the land yet they may be confounded Improvement See Approve IN In casu consimili is a writ See Casu consimili In casu proviso is a writ See Casu proviso Incident incidens signifieth a thing necessarily depending upon another as more principall For example a Court Baron is so incident to a Manor and a Court of Piepowders to a Fair that they cannot be severed by grant for if a Manor or Fair be granted these Courts cannot be severed Kitchin fol. 36. Incroche incrociarie See Encrochments Admirals and their Deputies doe incroche to themselves Jurisdictions c. anno 15 R. 2. cap. 3. Indenture indentura is a writing comprising some contract between two and being indented in the top answerable to another that likewise containeth the same contracts this the Latines called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which among the Civilians is defined to be scriptura inter creditorem debitorem indentata in cujus scissura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quia hoc manâ— unius tantùm puta debitoris scribitur penes debitorem relinquitur Pruinc constitut de offic archidiaco cap. pri verbo In scripâ—is vid. Gothofr in notis ad l. 27. § 3. Ï€. ad leg Corn. de fals Indicavi is a Writ or Prohibition that lyeth for a patron of a Church whose Clerk is defendant in Court Christian in an action of Tithes commenced by another Clerk and extending to the fourth part of the Church or of the Tithes belonging unto it for in this case the sute belongeth to the Kings Court by the Statute West 2. cap. 5. wherefore the Patron of the Defendant being like to be prejudiced in his Church and advowzen if the Plaintiff obtain in the court
of Courts Seneshat de l'hostel de Roy Steward of the KINGS Houshold Cromptons Jurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshal of England inhibiting them to take cognizance of any action in their Court that concerneth either Freehold debt or Covenant Register original fol. 185. a. 191. b. Senie aliâs Sene sena is a leaf of a medicinable herb that bringeth forth stalks of a cubit high purging Phlegmatick Cholerick and also Melancholick humours without great violence The farther use whereof you may read in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other Drugs and spices to be garbled anno 1 Jac cap. 19. Septuagesima is a Sunday certain and alwaies the third Sabbath before Shrove sunday from the which until the Octaves after Easter the solemnizing of mariage is by the Canon laws forbidden The reason whereof is given for that all this time until Easter is a time of mourning for the fall of Adam and for the misery of man thereof insuing And Easter with the Octaves thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest over death and sin And that therefore all carnal affection onght during that space to be wholly mortified in us See Quinquagesima see Advent see Rogation week Sequitur sub suo periculo is a writ that lyeth where a summons adwarrantizandum is awarded and the Sheriff 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 controversie from the possession of both those that contend for it And it is double voluntary or necessary Voluntary is that which is used by the consent of each party Necessary is that which the Judge of his Authority doth whether the parties will or not It is used also for the act of the ordinary disposing of office the goods and chattels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. num 42. fol. 271 num 26. as also in the gathering of the fruits of a Benefice void to the use of the next Incumbent anno 28 H. 8. cap. 11. Fortescue cap. 50. and in divers other cases Sequestro habendo is a writ judicial for the dissolving of a seqnestration made by the Bishop at the Kings commandement of the fruits of a benefice thereby to compell the Parson to appear at the sute of another for the Parson upon his appearance may have this writ for the release of the sequestration Register judicial fol. 36. a. Sergeants servians commeth of the French sergeant i. satelles accensus a man of the Guard a kind of Souldier so called because he was sepè accitus ad res necessarias in exercitu peragendas Calepin M. Skene de verb. signif verb. Serjeant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est inclndere gent. quod pro gente populo vel plebe usurpatur Itaque Serjandus disitur qui jussu magistratus quemlibet de populo reum crimints in carcerem corjicit seu includit This word Sergeant is diversly used in our Law and applyed to sundry offices and callings First a Sergeant at Law or of the Coyfe is the highest degree taken in that profession as a Doctor in the Civil law And to these as men best learned and best experienced of all others is there one Court severed to plead in by themselves and that is the Court of Common pleas where the Common law of England is most strictly observed These are made by the Kings mandat or VVrit directed unto them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to plead for him in all his causes as namely in causes of treason pl. cor li. 3. ca. pri And of these there may be more if it so please the King This is called in other Kingdomes Advocatus Regius Cassan de consuet Burgund pag. 850. VVith what solemnity these Sergeants be created read Fortescue cap. 50. This word Sergeant seemeth to be used in Britton for an Officer belonging to the County who in his first Chapter speaking of Appeals made before the Coroner hath these words in effect And then let the Coroner cause his appeal to be entred and the names of his sureties And afterward let commandement be given to the Sergeant of the County where the felony was committed that he have the body of the persons appealed at the next County And it is probable that this Officer was all one with him whom Bracton in his fifth book cap. 4. num 2. calleth Servientem Hundredi of whom he hath these words Post probationem defaltae faciet serviens Hundredi incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in antient time was called the Bayliff of the Hundred who as is declared in Bayliff had the like authority in his Hundred that the Shyreeve had in the County though inferiour to him and to be controlled by him as appeareth by divers antient presidents set down by Kitchin in his Tractat of Returns in Court Hundred Court-Baron c. I read also in Bracton lib. 3. tractat 2. cap. 28. Of the Kings Sergeant who is like to be also an Officer in the County in these words speaking of a woman ravished and what she ought to do for the pursute of the Ravisher sic ire debet ad prepositum Hundredi ad servientem Domini Râ—gis ad coronatores ad Vicecomitem ad primum comitatum faciat appellum suum And again eod l. c. 32. in these words si sine secta cognoverit se inde esse latronem coram vicecomite vel coronatore vel serviente Domini Regis c. And again lib. 5. tract 3. cap. 4. num 8. in these words Quid si servien Domini Regis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this Term was general to the Shyreeve Coroner and Bayliffs of Counties who in his sixt book cap. 3. § 1. hath these words Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse tunc ost ense hoc Vicecomiti statim praecipiat ballivo Hundredi vel iteneranti vel alteri servienti Regis quòd assumptis sibi l beris legalibus hominibus de viceneto illo ad curiam illius