of a fine For if a fine duly levied of lands tenements be not impugned within fiue yeres it excludeth all claime for euer And if a man omit his continuall claime for a yeere and a day then the tenent in possession prescribeth an immunity against the entrie of the demandant and his heyre Fitzh nat br fo 79. Terms of the law verbo Continuall clayme Out of our statutes you may haue greater diuersitie which see collected in mine Institutes titulo de Vsucapio longi tempo praescript So that Brissonius in his 14. de verbo fignif seemeth to say truly that prescription is an exception founded vpon so long time runne and past as the lawe limiteth for the pursuite of any action An example may be taken from those statutes anno 1. H. 8. ca. 4. which inacteth that in all actions populer information shall be made within three yeares after the offence committed or els be of no force Of like nature is the statute anno 7. H. 8. ca. 3. which in some cases maketh one yeeres prescription sufficient against informations Custome is also vsed for the tribute or tolle that merchans pay to the king for carying in and out merchandise anno 14. Ed. 3. stat 1. ca. 21. in which signification it is latined custuma Register orig fo 138. a. 129. a. and lastly for such seruices as tenents of a maner owe vnto their lord New booke of entries verbo Custome Customary tenents tenentes per consuetudmem are such tenents as hould by the custome of the maner as their especiall euidence See Copihoulds Custos breuium is the principall clerk belonging to the court of common plees whose office is to receiue and keepe all the writs and put them vpon files euery returne by it selfe and at the end of euery terme to receiue of the protonotaries all the records of Nisiprius called the postea For they are first brought in by the clerk of assise of euery circuit to the protonotarie that entred the issue in that mater for the entring of the iudgement And then doe the protonotaries get of the court peremptory day for euery party to speake what he hath to alleage in arrest of iudgement which day being past he entreth the verdict and iudgement thereupon into the rols of the court and that done he doth in the end of the tearme deliuer ouer to the custos breuium all the records of Nisi prius which came to his hand that terme which receiued he bindeth into a bundle and bestoweth them The custos breuium also maketh entry of the writs of couenant and the concord vpon euery fine and maketh forth exemplifications and copies of all writs and records in his office and of all fines leuied The fines after they be ingrossed the parts therof are diuided betwen the custos breuium and the chirogropher whereof the chirogropher keepeth alwaies with him the writ of couenant and the note the custos breuium keepeth the concord and the foote of the fine vpon the which foote the chirographer doth cause the proclamations to be indorsed when they be all proclaymed This office is in the princes gift Custos placitorum coronae Bracton li. 2. ca. 5. This seemeth to be all one with him whome we nowe call custos rotulorum of this officer I finde mention in the writ odio atia Register original fo 133. b. Custos rotulorum is he that hath the custodie of the rols or records of the sessions of peace and as some thinke of the commission of the peace it selfe Lamb. Eirenarch li. 4. ca. pa. 3. 373. He is alway a Iustice of Peace and Quorum in the countie where he hath his office Idem eodem and by his office he is rather termed an officer or minister then a iudge because the commission of the peace layethe by expresse words this especiall charge vpon him quòd ad dies locapraedicta breuia praecepta processus indictamenta praedicta coramte dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this office Custos of the spiritualties custos spiritualitatis vel spiritualium is he that exerciseth the spirituall or ecclesiasticall iurisdiction of any dioces during the vacancie of the See the appointment of whome by the canon lawe apperteineth to the deane and chapter ca. ad abolendam Extra Ne sede vacante aliquid innovetur but with vs in England to the Archbishop of the province by prescription How be it divers deanes and chapters if M. Gwin say truly in the preface to his readings doe chalenge this by awncient charters from the kings of this land Cutter of the talyes is an officer in the exchequer that provideth wood for the talyes and cutteth the summe paid vpon them and then casteth the same into the Court to be written vpon DA DAmmage commeth of the french dam or domage signifiing generally any hurt or hinderance that a man taketh in his estate But in the common lawe it particularly signifieth a part of that the Iurours be to inquire of passing for the plaintiffe or demandant in a ciuile action be it personall or reall For after verdict giuen of the principall cause they are likewise asked their consciences touching costs which be the charges of suite called of the Civilians expensae litis and dammages which conteine the hindrance that the plaintiffe or demandant hath suffered by meanes of the wrong done to him by the defendant or tenent Dane guilt Danegold or Danegelt Danegeldum is compounded of Dane and gelt i. pecunia and was a tribute laide vpon our ancesters of 12. pence for euerie hide of land through the realme by the Danes that once got the masterie of vs in regard as they pretended of clearing the sease of pyrates which greatly annoyed our land in those daies Cambd. Brittan 83. with whome agree the lawes of Edward set out by M. Lamberd ca. 11. Stowe in his annals pa. 118. saith that this tribute came to 40000. pownds by the yeare and that it was released by Edw. the confessour The author of the newe Terms of law saith that this tribute began in the time of king Etheldred who being sore distressed by the continuall inuasion of the Dane to procure his peace was compelled to charge his people with importable payments For first he gaue them at fiue severall paiments 113000. poundes and afterward graunted them 48000. poundes yeerely See Roger Houeden parte poster suorum annalium in Henrico secundo fo 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. vltimu◠Darrein presentment vltima praesentatio See Assise or darreyn presentment Dates dactyli is the plumme or fruite of the tree in latine called palma in english the Date tree well knowne to most men by sight And he that will farder vnderstand the nature or diuersities of this fruite may repaire to Gerards herball li. 3. ca. 131. They be numbred among
lib. 2. cap. 41. § Item inquiratur 12. and Cromptons Iurisd fol. 194. in these words without warrant no subiect may haue within the Forest a vacarie But in the statute anno 37. H. 8. cap. 16. I finde vacharie to be as it were a speciall proper name of a certaine quantitie and compasse of ground within the forest of Ashedowne Valewe valentia valor The word is in it selfe plaine enough But I cannot omitte one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference betweene value and price These be his words And the value of those things in which offences are committed is vsually comprised in Inditements which seemeth necessary in thest to make a difference from perit larceny and in trespas to aggrauate the faulte and increase the fine But no price of rhings ferae naturae may be expressed as of deere of hares c. if they be not in Parks and warrens which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land And where the number of the things taken are to be expressed in the Inditement as of yong Doucs in a Doue house yong haukes in a wood there must be saide pretii or ad valentiam but of diuers deade things ad valentiam and not pretii of coine not current it shal be pretii but of coâ—ne current it shall neither be saide pretâ— nor ad valentiam for the price and value thereof is certaine But of counterfeit coine shall bee said ad valentiam and in couterfeiting of coine shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord hauing profered covenable mariage to the Infant without disparidgement against the Infant comming to his yeares if he refuse to take the Lords offer And it is to recouer the value of the mariage Regist orig fol. 164. old nat br fol. 90. Variance commeth of the French varier i. alter are it signifieth in the common lawe an alteration or change of condition after a thing done For example the communality of a towne make a composition with an Abbot Afterward this towne by a graunt from the king obteineth Bayliffes This is a variance and in this case if the AbbotcoÌ„mence any suite for breach of the composition he must varie from the words of the communalty set downe in the Composition and begin against the Bayliffes and the Communalties Brooke tit Variance fol. 292. It is also vsed for an alteration of some thing formerly laide in a plee which is easilier knowne what it is then when it may be vsed as it appeareth by Brooke through the whole title aforesaide See variance in the newe booke of Entries Vassall vassallus signifieth him that holdeth land in see of his Lord Hot. verbo Feudal we call him more vsually a tenent in fee whereof some owe fidelitie and seruice and are called vassalli iurati some that owe neither and are called vassalli iniurati But of this later sort I thinke that in England we haue not any Of these thus writeth Hotoman in his disputations vpon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accepit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est quasi qui in vassi fide clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is diuided into homologum non homologum Homologus is he that sweareth seruice with exception of a higher Lord and non homologus is he that sweareth with out exception all one with Ligeus And the same author verb. Vassallus saith that it is vassallus quasibassallus id est inferior soctus From the French bas i. humilis dimissus and the Dutch word gesel i. socius his reason is because the vassall is inferior to his master and must serue and reuerence him and yet he is in maner his companion because each of them is obliged one to the other He saith farder out of Cuiacius lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a litle after he saith thus In the lawes of the Feuds vassallus is called fidelis quia fidelitatem iurat Amongst vassals the first place of dignitie is giuen to them that are Duces Marchionâ—s Comites and are called Capâ—tanti Regni The second is granted to Barons and others of like estate and are called Valvasores Maiores The third to them who are called Gentlemen or Nobles holding of Barons which also may haue vnder them vassals that be Gentlemen And such vassals holding in chiefe of Barons are called Valv asoâ—ts minores And they which hold of Gentlemen are called vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called subvassores Thus faâ—e M. Skene Vasto is a writ that lyeth for the heire against the tenent for terme of life or of yeares for making waste or for him in the Reuersion or Remainder Fitzh 〈◊〉 br fol. 55. Regist orig fol. 72. 76. and Regist Iudic. fol. 17. 21. 23. 69. v. anno 6. Ed. pricap 5. Vavasour vavasor aliâs valvasor is one that in dignitie is next vnto Baron Camden Britan. pag. 109. Bracton lib. prim cap. 8 saith thus of this kind of men Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magnae dignitatis Vavasor enim nihil meliùs dici poterit quà m vas sortitum ad valetudinem Iacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them valvasores and giueth this reason of it Quia assident valva i. portae Domini in festis in quibus consueueruat homines curtizare eis reuerentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Britan. pag. 108. hath these words of them Primus etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores maiores si illis qui de feudis scribunt credimus iidem fuerunt Barones Venditioni exponas is a writ Iudiciall directed to the Vndershyreeue commaunding him to sell goods that he hath formerly by commaundement taken into his hands for the satisfying of a iudgement giuen in the kings Court Register Iudicial fol. 33. b. Venire facias is a writ Iudicall and goeth out of the Record lying where two parties plead and come to issue sc vpon the saying of the country For then the party plaintiffe or Defendant shall haue this writ directed to the Shyreeue that he cause to come twelue lawfull men
of any other countrie found within the kingdome in recompence of goods taken froÌ„ him in the said countrie after he hath hene denied restitution there Register orig fo 129. a. This among the auÌ„cieÌ„t Civilians was called clarigatio now barbarously represali 〈…〉 Arretted arrectatus is he that is conuented before a Iudge and charged with a crime Stawnf pl. cor lib. 2. 45. quasi ad rectum vocatus It is vsed somtime for imputed or laid vnto as no folly may be arretted to him being vnder age Litleton cap. Remitter The Latine substantiue Rettum is vsed in the Register orig Chawcer vseth the verb arretteth id est layeth blame as M. Speight interpreteth it I may probably coniecture that this word is the Latine rectum For Bracton hath this phrase ad rectum habere malefactorem i. to haue the malefactor foorth coming so as he may be charged and put to his triall lib. 3. tract 2. cap. 10. and in another place rectatus de morte hominis i. charged with the death of a man eod cap. 1. num 3. Articles of the Cleargie articuli Cleri be certaine statutes made touching persons and causes ecclesiasticall anno 9. Ed. 2. Like vnto which there were other made anno 14. Ed. 3. stat 3. Assay of measures and waights assaia mensurarum ponderum Register orig fol. 279. is the examination vsed by the Clerke of the market Assayer of the king is an officer of the mint for the due triall of siluer indifferently appointed betwixt the maister of the Mint and the merchants that bring siluer thither for exchange anno 2. H. 6. cap. 12. Assault in sultus commeth of the French verb assailir i. adormi appetere invadere which French also proceedeth from the Latine assilire i. vim afferre oppugnare It signifieth in our common lawe a violent kind of iniurie offered to a mans person of a higher nature then batterie For it may be committed by offering of a blowe or by fearefull speech M. Lamberd in his eirenar lib. 2. cap. 3. whome reade The feudists call this assultum and define it thus Assultus est impetus in personam aut locum fiue hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de feud parte 10. nu 38. And assilire est vim adferre adoriri oppugnare li. feud 1. tit 5. § 1. Assach seemeth to be a Welch word and to signifie so much as a kind of excuse or strange kind of purgation by the oathes of three hundred men anno 1. H. 5. cap. 6. Assart assartum in M. Manwoods iudgement parte 2. ca. 9. ru 5. of his forest lawes commeth of the French assortir signifying as he saith to make plaine or to furnish but rather indeede to set in order and handsomly to dispose Assartum est quod redactum est ad culturam Fleta li. 4. ca. 21. § Item respondere It signifieth as the said M. Manwood saith nu 1. vbi supra an offence committed in the forest by plucking vp those woods by the rootes that are thickets or coverts of the forest and by making them plaine as eatable land where he also faith that an assart of the Forest is the greatest offence or trespasse of all other that can be done in the forest to vert or venifon containing in it as much as waste or more For whereas the waste of the Forest is but the felling and cutting downe of the couerts which may grow againe in time an assart is a plucking them vp c. which he confirmeth out of the redde booke in the Exchequer in these words Assarta verò occasiones nominantur quando sc forestae nemora vel dumeta pascuis latibulis ferarum oportuna succiduntur quibus succisis radicitiâ— avulsis terra subvertitur excolitur And again out of the Register originall fo 257. a. b. in the writ ad quod damnum sent out in case where a man sueth for a licence to assart his grounds in the Forest and to make it severall for tillage Soe that it is no offence if it be done with licence To this may Bracton also be added li. 4. ca. 38. nu 11. where he saith that these words boscus esâ—icitur assartum signifie as much as redactus in culturam of this you may read more in Cromptons Iurisdictions fo 203. and in charta de foresta anno 9. H. 3. ca. 4. where the english word is not assart but assert in Manwood parte 1. of his Forest lawes pa. 171. The word is vsed anno 4. Ed. 1. stat 1. in the same signification That which we call assartum is els where tearmed Disboscatio Decis Genu. 74. Assembly vnlawfull illicita assemblata coÌ„meth of the French assembler i. aggregare whence also is the substantiue assemblee i. coitio congregatio It is in our common lawe as M. Lamberd defineth it eiren li. 1. ca. 19. the companie of 3. persons or more gathered together to doe an vnlawfull act although they doe it not See vnlawfull assemblie Assets quod tantundem valet Bract. li. 5. tract 3. ca. 8. nu 2. is nothing but the French assez 1. satis For though this word masque vnder the vizard of a substantiue it is in truth but an adverb It signifieth in our common lawe goods enough to discharge that bruden which is cast vpon the executour or heire in the satisfying of the testators or auncestors debts or legacies See Brooke titulo Assets per discent by whome you shall learne that whosoeuer pleadeth assets sayeth nothing but that he against whome he pleadeth hath enough descended or come to his hands to discharge that which is in demauÌ„d The author of the newe tearmes of lawe maketh 2. sorts of assets viz. assets par discent assets enter mains the former being to be alleaged against an heire the other against an executor or administrator Assigne assignare both it selfe and the French assigner come of the latine It hath two significations one generall as to appoint a deputè or to set ouer a right vnto another In which signification Britton fo 122. saith this word was first brought into vse for the fauour of Bastards because they cannot runne vnder the name of heires to their fathers and therefore were are comprised vnder the name of assignees The other signification of this word is especial as to appointe at or set forth viz. to assigne errour old br nat fo 19. is to shew in what part of the proces errour is committed To assigne false iudgement eodem fo 17. that is to declare how and where the iudgement is vniust To assigne a false verdict eodem fo 112. and to assigne an oath to be false anno 9. R. 2. ca. 3. To assigne the cessor old nat br fo 134. 1. to shew how the plaintife had cessed or giuen ouer To assigne wast is to shewe wherein especially the wast is coÌ„mitted Reg. orig f. 72. Assigne in the generall signification
these words saluis omnibus aduantagiis tam ad iurisdictionem Curia quà m ad breue narrationem or such like Britton vseth it for the conference of a Iury vpon the cause committed vnto them ca. 53. See Imparlance Emprouement See Improuement Encheson A. 50. Ed. 3. ca. 3. is a french word signifiing as much as occasión cause or reason wherefore any thing is done See Skene de verbo significa verbo Encheson Encrochement or Accrochemēt commeth of the french Accrocher 1. apprehendere inuncare harpagare and that commeth of Crochure 1. aduncitas or crochu 1. aduncus Encrochement in our common law signifieth an vnlawfull gathering in vpon another man For Example if two mens grounds lying togither the one presseth too farre vpon the other or if a tenent owe two shillings rent seruice to the Lord the Lord taketh three So Hugh and Hugh Spencer encroched vnto them royall power and authoritie annoprim Ed. 3. in prooem Enditement Indictamentum commeth of the French Enditer i. deferre nomen alicuius indicare or from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because M. Lamberd will haue it so Eirenar lib. 4. cap. 5. pag. 468. It signifieth in our common lawe as much as Accusatio in the ciuile lawe though it haue not in all points the like effect West parte 2. symb titulo Inditements defineth it thus An Inditement is a Bill or declaration made in forme of lawe for the benefite of the common wealth of an accusation for some offence either criminall or penall exhibited vnto Iurours and by their verdict found and presented to be true before an Officer hauing power to punish the same offence It is an accusation because the Iury that inquireth of the offence doth not receiue it vntill the party that offereth the Bill appeare so farre in it as to subscribe his name and offer his oth for the truth thereof It differeth from an Accusation in this that the preferrer of the Bill is no way tyed to the proofe thereof vpon any penalty if it be not proued except there appeare conspiracy Wherefore though moued by M. Wests authority I call it an Accusation yet I take it to be rather Denuntiatio because it is of office done by the great enquest rather then of a free intent to accuse Of this you may reade S. Tho. Smith de Repub. Anglor lib. 2. cap. 19. and Stawnf pl. cor lib. 2. cap. 23. 24. 25. 26. c. Vsque 34. and M. Lamberds Eirenarcha li. 4. ca. 5. whence you may receiue good satisfaction in this mater Endowment Dotatio commeth of the french Doüare and signifieth the bestowing or assuring of a Dower See Dower But it is sometime vsed metaphorically for the setting forth or seuering of a sufficient portion for a vickar toward his perpetuall maintenance when the benefice is appropriated See Appropriation And the statute A. 15. R. 2. cap. 6. Endowment de la plus Belle part is where a man dying seised of some lands houlding in knights seruice and other some in socage the widow is sped of her dower rather in the lands houlding in socage then knights seruice Of this reade Litleton more at large li. 1. ca. 5. Enfranchisement cōmeth of the french Franchise 1. libertas and is in a maner a french word of it selfe It signifieth in our common law the incorporating of a man into any societie or body politicke For example he that by charter is made Denizen of England is said to be enfranchised and so is he that is made a citizen of London or other city or Burges of any towne corporate because he is made partaker of those liberties that appertaine to the corporation whereinto he is enfranchised So a villaine is enfranchised when he is made free by his Lord and made capable of the benefites belonging to freemen Englecerie engleceria is an old abstract word signifying nothing else but to be an English man For example if a man bee priuily slaine or murthered he was in old time accompted Francigena which word comprehendeth euery alien vntil Englecerie was proued that is vntill it were made manifest that he was an Englishman A man may maruell what meaning there might be in this but Bracton cleareth the doubt who in his third booke tract 2. cap. 15. num 3. telleth vs that when Canutus the Danish king hauing setled his estate here in peace did at the request of our Barons disburden the land of his armie wherein he accompted his greatest safetie and conditioned with them that his countrimen which remained here should continue in peace and the more to secure that that for euery Francigena vnder which word as is aboue said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be leauied to his Treasurie 66. merkes out of the village where the murder was cōmitted or out of the hundred if the village were not able to pay it and further that euery man murdered should be accompted Francigena except Englecery were proued which how it was to be proued looke the 7. number in the same chapter And see also Horns myrror of Iustices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Englecerie for the abuses and troubles that afterwarde were perceiued to grow by it was cleane taken away by a statute made anno 14. Ed. 3. capite quarto Enheritance See Inheritance Enquest Inquisitio is all one in writing with the french word and all one in signification both with the French and Latine Howbeit it is especially taken for that Inquisition that neither the Romanes nor French men euer had vse of that I can learne And that is the Enquest of Iurors or by Iurie which is the most vsuall triall of all causes both ciuile and criminall in our realme For in causes ciuill after proofe is made of either side so much as each partie thinketh good for himselfe if the doubt be in the fact it is referred to the discretion of twelue indifferent men empaneled by the Shyreeue for the purpose and as they bring in their verdict so iudgement passeth For the Iudge saith the Iurie findeth the fact thus then is the law thus and so we iudge For the enquest in causes criminall see Iurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An enquest is either of office or at the mise of the partie Stawnf pl. cor lib. 3. cap. 12. Entendment commeth of the French entendement i. intellectus ingenium It signifieth in our common lawe so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayle feudum talliatum commeth of the French entaille i. inscisus and in our cōmon lawe is a substantiue abstract signifying Fee-tayle or Fee-intayled Litleton in the second chapter of his book draweth Fee-tayle from the verbe Talliare which whence it commeth or whether it will I know not whereas in truth it must come from the French taille
to a tenent for terme of life shall inure to him in the Reuersion Erius alius Iris is the flower de luce whose diuers kindes you haue expressed in Gerards herball lib. 1. ca. 34. The roote of this is mentioned among merchandize or drugs to be garbled anno 1. laco ca. 19. Ermins seemeth to come of the french Ermine i. mus araneus it signifieth a furre of great price Erminstreate See Watlingstreate Errant Itinerans commeth of the french Errer i. errare or the ould word Erre i. iter It is attributed to Iustices of circuit pl. cor f 15. and Baylifes at large See Iustices in Eyre and Baylife See also Eyre Errour Error commeth of the french Erreur and signifieth more specially in our common law an errour in pleading or in the proces Brooke titulo Errour And thereuppon the writ which is brought for remedy of this ouersight is called a writ of error in Latine De errore corrigendo thus defined by Fitz. in his nat br fol. 20. A writ of errour is that properly which lyeth to redresse false iudgement giuen in any court of record as in the common bench London or other citie hauing power by the kings charter or prescription to hold plee of debt See the new booke of Entries verbo Error or trespasse aboue the summe of twenty shillings This is borowed from the French practise which they call proposition d'erreur Wherof you may reade in Gregorius De appellation pag. 36. In what diuersitie of cases this writ lyeth see the Register originall in the Table verb. Errore corrigendo and Register iudiciall fol. 34. There is likewise a writ of errour to reuerse a fine West parte 2 sect symbol titulo Fines 151. Errore corrigendo See Errour Escambio is a licence graunted to one for the making over of a Bill of Exchange to a man ouer Sea Register original fol. 194. a. Escape Escapium commeth of the French Eschapper i. aufugere effugere and signifieth in the lawe a violent or priuie evasion out of some lawfull restraint For example if the Shyreeue vpon a Capias directed vnto him take one and indeavour to carie him to the Gaol and he in the way either by violence or by slight breake from him this is called an Escape pl. cor fol. 70. Many examples might bee brought out of him and others but the thing is plaine Stawnford lib. 1. ca. 26. pl. cor nameth two kindes of Escapes voluntarie negligent Voluntarie is when one aresteth another for felonie or some other crime and afterwards letteth him goe whither he listeth In which escape the partie that permitteth it is by lawe guiltie of the fault committed by him that escapeth be it felonie treason or trespas Negligent escape is when one is arrested and afterward escapeth against his wil that arrested him and is not pursued by fresh suite and taken againe before the partie pursuing hath lost the fight of him Idem cap. 27. but there read more of this mater for there be doubts worth the consideration And of the course of punishment by the ciuill lawe in this point reade in practica criminali Claudii de Battandier reg 143. reade also Cromptons Iustice fol. 35. b. fol. 36. 37. and read the newe Termes of lawe There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forest is deliuered of that punishment which by order of the forest lieth vpon those whose beasts be found within the land forbidden Cromptons Iurisdict fo 196. Eschequer Scaccarium commeth of the French Eschequier i. abacus tabula lusoria and signifieth the place or court of all receipts belonging to the crowne and is so termed as I take it by reason that in auncient times the accomptants in that office vsed such tables as Arithmeticians vse for their calculations for that is one fignification of Abacus amonst others Polidor Virgil. lib. 9. histo Anglo saith that the true word in latine is Statarium and by abuse called Scaccarium In mine opinion it may well seeme to be taken from the German word schatz signifiing as much as the saurus or fiscus And from this fountaine no doubt springeth the Italian word Zeccha signifiing a mynt and Zeccherii aliàs Zecchieri the officers thereunto belonging Descis Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office tooke the name à tabula ad quam assidebant proouing it out of Geruasius Tilburiensis whose words you may read in him This court is taken from the Normans as appeareth by the grand Custumarie cap. 56. where you may finde the Eschequier thus described The Eschiquier is called an assemblie of high Iusticiers to whome it appertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done and vnaduisedly iudged and to doe right to all men without delaie as from the princes mouth Skene de verbo significatione verbo Scaccarium hath out of Paulus Aemilius these words Scaccarium dicitur quasi Statarium quòd homines ibi in iure sistantur vel quòd sit stataria perennis Curia cum ceterae curiae essent indictivae nec loco nec tempore statae where he saith also of himselfe that in Scotland the Eschequer was stable but the other session was deambulatorie before Iames the 5. qui instituit Statariam curiam cum antea esset indictiva he addeth farder Others thinke that Scaccarium is so called a similitudine ludi Scaccorum that is the play of the chests because many persons meete in the Chequer pleading their causes one against the other as if they were fighting in an arraied battaile Others think that it commeth from an old Saxon word Scata as writeth S. Thomas Smith which signifieth treasure taxation or imposts whereof accompt is made in the Chequer This court consisteth as it were of 2. parts whereof one is conuersant especially in the iudiciall hearing and deciding of all causes appertaining to the princes cofers aunciently called Scaccarium computorum as Ockam testifieth in his lucubration the other is called the receipt of the Eschequer which is properly imploied in the receiuing and paiment of money Crompton in his Iurisdictions fo 105. defineth it to be a court of record wherein al causes touching the reuenewes of the crown are handled The officers belonging to both these you may find named in M. Camdens Britannia ca. Tribunalia Angliae to whome I referre you The kings exchequer which now is setled in Westminster was in diuers countries of Wales anno 27. H. 8. ca. 5. but especially ca. 26. Escheate Eschaeta cōmeth of the French escheoir i. cadere accidere excidere and signifieth in our common lawe any lands or other profits that fall to a Lord within his maner by way of forfeiture or the death of his tenēt dying without heire generall or especiall or leauing his heire within age or vnmaried Magna chart ca. 31. Fitzh nat br fol. 143. T. c. Escheate is also vsed
Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse coÌ„mitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno breâ—â—im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata â—bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must â—bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery tenent to be true to the Lord of whom he holdeth his land And he that holdeth land by this onely oath of fealty holdeth in the freest maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.
Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi 〈…〉 See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed away by another old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a writ that lyeth against him that is an heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miserâ—â—rdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of
Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominū status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpō any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio is a dignity which a man hath by a power to doe Iustice in causes of complaint made before him And there be two kinds of Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the
lyeth for the cognizee of a maner seignory cheife rent or other seruices to compell him that is tenent of the land at the time of the note of the fine leuied to atturne vnto him West parte 2. symbol titulo Fines sect 126. To the same effect speaketh the old nat br fol. 155. See also the new booke of Entries verâ—â— Per quae seruitia Perquisite perquisitum signifieth in Bracton any thing purchased as perquisitum facere 〈◊〉 2. cap. 30. nu 3. lib. 4. ca. 22. Perquisites of court be those profits that grow vnto the Lord of a maner by vertue of his Court Baron ouer and aboue the certaine and yearely profits of his land as escheats mariages goods purchased by villeines fines of copie houlds and such like New terms of the law Person See Parson Personable signifieth as much as inhabled to hould or mainetaine plee in a court for example The demaundant was iudged personable to maintaine this action old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien borne in Portingall without the ligeance of the King and Iudgement was asked whether shewould be answered The plaintife saith shee was made personable by Parlament that is as the Ciuilians would speake it habere personam standi in iudicio Personable is also as much as to be of capacitie to take any thing graunted or giuen Plowden casis Colthirst fol. 27. b. Personall Personalis hath in our common lawe one strange signification being ioyned with the substantiue things goods or Chatels as things personall goods personall Chatels personall for thus it signifieth any corporeall and moueable thing belonging to any man be it quicke or dead So is it vsed in West parte 2. symbol titulo Inditements sect 58. in these words Theft is an vnlawfull felonious taking away of another mans moueable personall goods and againe fol. 61. Larceny is a felonious taking away of another mans moueable personal goods Kitchin f. 139. In these words Where personall things shal be giuen to a corporation as a horse a cowe an oxe sheepe hogs or other goods c. and Stawnford pl cor fo 25. Contrectatio rei aliena is to be vnderstood of things personall for in things reall it is not felony as the cutting of a tree is not felony The reason of this application see in Chatell Personalty Personalitas is an abstract of persouall The action is in the personalty old nat br fol. 92. that is to say brought against the right person or the person against whome in lawe it lieth I find these contrary words Personalitas Impersonalitas in the author of the booke called vocabularius vtriusque iuris as for example Personalitas significatur per has dictiones tu mihi ego tibi cum alto significato quod probabiliter conclulitur si nullo modo concludatur tunc est Impersonalitas quia actum vitiat prout ratio dictat verbi gratia Ego stipulor constituis te mihi soluturum debitum a Titio mihi debitum Tu respondes Satisfiet Haec Impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lyeth for preb endaries or other spirituall persons being distreined by the shyreeue or collectours of fifteenths for the fiftenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pesterable wares seeme to be such wares as pester and take vp much roome in a shippe anno 32. H. 8. cap. 14. Peter pence Denar 〈…〉 Sancti Petri otherwise called in the Saxon tongue Roomfooh i. the see of Rome or due to Rome and also Romescot and Rome penning was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome in the yeare of our Lord. 720. which was a peny for euery house Lamberds explication of Saxon words verbo Numus whome see also fol. 128. in Saint Edwards lawes nu 10. where it is thus writen Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio Anglorum lege dabit denariuÌ„ Sancti Petri lege Danorum dimidiam merkam Iste verò denarius debet summoniri in solennitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad vincula ita vt vltra illum diem non detincatur Si quispiam detinuerit ad Insticiam Regis 〈◊〉 deferatur quoniam denarius hic Rogis eleemmoz 〈…〉 est Iusticia verò faciat denarium 〈◊〉 dere foriffacturam Episcopiâ— Regis Quòd si quis domos plures had buerit de illa vbi residens fuerit infesto Apostolorum Petri Paulâ— denarium reddat See also King Edgars lawes fol. 78. cap. 4. which containeth a sharpe constitution touching this 〈…〉 ter Stowe in his Annals pag. 67. saith that he that had 20. peni worth of goods of one manes catell in his house of his own proper was to giue a p 〈…〉 at Lammas yearly See Romes 〈…〉 Petit Cape See Cape Petit Larceny parvum latr 〈…〉 nium See Larcenye Petit treason parua traditio in true French is petit trahizon 〈…〉 proditio minor treason in a lesser or lower kinde For whereas treason in the highest kinde is an offence done against the securitie of the common wealth West parte 2. symb titulo Indiâ—ements sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a seruant kill his master a wife her husband a secular or religious man his prelate anno 25. Edward 3. cap. 2. Whereof see more in Stawâ—f pl. cor lib. 1. cap. 12. See also Crom 〈…〉 Iustice of peace fol. 2. where he addeth diuers other examp 〈…〉 those of Stawnford For the punishment of petit treason see the statute anno 22. H. 8. cap. 14. and Crompton vbi supra Petition Petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one hauing iurisdiction But most especially it is vsed for that remedie which the subiect hath to helpe a wrong done or pretended to be done by the King For the King hath it by prerogatiue that he may not be siewed vpon a writ Stawnf praer cap. 15. whome also read cap. 22. And a petition in this case is either generall or speciall It is called generall of the generall conclusion set downe in the same viz. que le Roy lui face droit reison that the King doe him right and reason wherevpon followeth a generall indorsement vpon the same soit 〈◊〉 fait aux partis let right be done to the partise Petition special is where the conclusion is speciall for this or that and the Indorsment to that is likewise speciall See the rest cap. 21. Petra lanae a stone of wooll See Stone Philiser See Filazer Piccage Piccagium is money paid in faires for breaking of the ground to set vp
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of Right which is of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
to appeare there except their apparence be especially required vpon some extraordinary cause anno 25. H. 3. cap. 10. and Britton cap. 29. It seemeth to be called the Shyreeues Turn of the French word Tour. i. ambitus circuitus vicissitudo and is of Britton called Tour cap. 61. sub fine capitis as if we would say The Shyreeue his course for as Britton noteth in the said 29. chapter that which before the Shyreeue is called the Shyreeues Turne is called in the court of Fraunchises and Hundreds the view of Frank-pledge wherein inquirie is especially made of such as be not in any dozin with whome Fleta agreeth And by Fleta it appeareth that this Turn was the Shyreeues course to keepe his courtin euery Hundred lib. 2. cap. 52. in princip So that as the inferiour courts had their times to take knowledge of those and other causes belonging to their cognisance So the Shyreeue had his course or turne to doe the like at these two seuerall seasons That if there were any defects in them it might be redressed in these and Gods peace and the Kings so much the more carefully obserued This as Lamberd saith was of old called also the Shyreeues moote lib. 4. cap. 4. In this court as Britton saith vbisupra the Shyreeue causeth tobe found out 12. of the most sage loyall and sufficient men of all the Hundred for he kept his turne twice every yeare in each Hundred Magna charta cap. 35. Britton vbi supra whome he charged vpon their oathes to present the truth touching the articles ministred vnto them and set downe by Britton in the same chapter This done he put all other to their oathes according to their dozins and villages truly to present vnto the former twelue all things concerning such articles as by them they should be asked of But fithence the Hundred courts are all called to the county by the statute anno 14. Ed. 3. cap. 3. Statut. pri these Turnes be likewise kept in one cheife place of euery shire and not seuerally in euery Hundred as before they were Of this you may reade more in Britton or in Cromptons Iurisdiction fol. 230. and in the Mirrour of Iustices lib. pri cap. de Turnes Turney Torneamentum commeth of the French Tournoy i. Decursorium It signifieth a martiall exercise of Knights or Souldiers fighting one with another in disport and is thus defined ca◠felicit Extra de Torneamentis Torneamenta dicuntur Nundinae vel feriae in quibus milites ex condicto convenire ad oftentationem virium suarum audaciae temerè congredi solent This word is vsed in the statute anno 24. Henric. octau capit 13. and as I haue heard it signifieth with vs in England those combats that are made with arming swords on horsebacke And I thinke the reason of the name to proceede from the French Tourner i. vertere because it consisteth much in agilitie both of horse and man Turno vececomitum is a writ that lyeth for those that are called to the Shyreeues turne out of their owne Hundred Register orig fol. 174. Tuain nithes gest hospes duarum noctium Roger Houeden parte poster suorum annalium fol. 345. b. who if he did harme to any his hoste was not aunswerable for it but himselfe See Thrid nithes hawan man Twelue men Duodecim homines legales is a number of twelue persons or vp wards to the number of 24. by whose discretion all tryals passe both in ciuill and criminall causes through all courts of the common law in this Realme First for ciuile causes when proofe is made of the mater in question as the parties and their councell thinke good on both sides the point of the fact that they are to giue their verdict of is deliuered likewise vnto them which we call the issue and then are they put in minde of their oath formerly taken to doe right betweene party and party and so sent out of the court seuerally by themselues to consider vpon the evidence of both sides vntill they be agreed which done they returne to the court againe and deliuer their verdict by the mouth of the foreman And according to this verdict Iudgement afterward passeth either condemnatorie for the plantife or absolutory for the Defendant These 12. be called 12. milites Glanuilo lib. 2. cap. 14. 15. and so be they in Bracton diuers times but that word is altered In causes criminall there be two sorts of Enquests one called the graund Enquest and the other the Enquest of life and death The graund Enquest is so called either because it consisteth commonly of a greater number then 12. as of 24. 18. or 16. at the least or els because all causes criminall or penall first passe through them whereas the other Enquest is especially appointed for one or few maters touching life and death committed to their considerations Those of the grand Enquest are also called by Bracton 12. milites lib. 3. tracta 2. cap. pri nu 2. because they were wont to be Knights as it see meth and not inferiours except so many knights could not be found Idem eodem num 1. in fine And their function is to receiue all presentments made vnto them of any offence and accordingly to giue their generall opinion of the presentment by writing either these words Balla vera vpon the bille of presentment which is an Inditement of the party presented or els this word Ignoramus which is an absoluing of him Now as criminall causes be of two sortes either capitall touching life and member or finable so is there a double course of these Inditements For in causes onely finable the party indited must either trauers the Inditement by denying it and so it is referred to a petit Iury whereby he is either conuicted or discharged of the crime or els he confessing it the court setteth his fine vpon his head wirhout more worke But in maters of life and death the party indited is commaunded to hold vp his hād āswer guilty or not guilty if guilty he standeth conuicted by his owne confession if not guilty he is farder referred to the Enquest of life and death which consider vpon the proofe brought against the prisoner and accordingly bring in their verdict Guilty or not Guilty So is he iudged to dye or deliuered by the court Of this read more in Iuditement Assise Iury See the statute anno 35. H. 8. cap. 6. 37. ciusdem cap 22. anno 2. Ed. 6 cap. 32. an 5. El. ca. 25. V VAcation vacatio hath an especiall signification in this kingdome being vsed for all that time respectiuely which passeth betweene terme and terme at London And when such times begunne and ended in our anncesters daies see Roger Hovedens annals parte posteriori fo 343. a. where you shall find that this intermission was called pax Dei ecclesiae Vaccarie aliâs vacharie vaccaria aliâs vacheria semeth to be a house to keepe kine in Fleta