Stable Stand Dog-draw Back-bear and Bloody-hand Which see in their proper places Badger from the Fr. Bagagier i. A Carrier of Luggage Signifies with us one that buys Corn or Victuals in one place and carries it to another to make profit by it See Cromptons Just of Peace fol. 69 70. Bail from the Fr. noun Bail i. A Guardian or Goaler Is properly used for the freeing or setting at liberty of one arrested or imprisoned upon Action either Civil or Criminal under surety taken for his appearance at a day and place certain Bracton lib. 3. tract 2. cap. 8. num 8 9. The reason why it is called Bail is Because by this means the party Restrained is delivered into the hands of those that bind themselves for his forth-coming There is both common and special Bail Common Bail is in Actions of small prejudice or concernment being called Common because any Sureties in that case are taken whereas in Causes of greater weight as Actions upon Bond or Specialty Special Bail or Surety must be taken as Subsidy Men at least and they according to the value Manwood in his first part of Forest Laws pag. 167. says there is a great diversity between Bail and Mainprise For he that is Mainprised is always said to be at large and to go at his own Liberty out of Ward from the time he is Mainprised till the day of his appearance But otherwise it is where a Man is let to Bail by four or two Men by the Lord Chief Justice in Eyre until a certain day for there he is always accounted by the Law to be in their Ward and custody for the time And they may if they will keep him in Ward or Prison So that he who is so bailed shall not be said by the Law to be at large or at his own liberty See Lamb. Eiren lib. 3. cap. 2. pag. 330. Bail is also a certain Limit within the Forest as it is divided into the charges of several Foresters Crompton in the Oath of Bow-bearer fol. 201. See Mainprise and 4 Instit fol. 178. Bailiff Balivus As the name so the Office it self in ancient time was answerable to that of France where there are Eight Parliaments which are high Courts whence lies no Appeal and within the Precincts of those several parts of that Kingdom which belong to each Parliament there are several Provinces to which Justice is ministred by certain Officers called Bailiffs So in England we see many several Counties in which Justice hath been ministred to the Inhabitants by the Officer whom we now call Sheriff or Vicount the one name descending from the Saxons the other from the Normans And though I cannot expresly prove That this Sheriff was ever called a Bailiff yet it is probable that was one of his names also because the County is often called Baliva a Bailywick As namely in the Return of a Writ Non est inventus in Baliva mea c. Kitchin Returna Brevium fol. 285. And in the Sheriffs Oath the County is called his Bailiwick I think the word Bailiff used in Magna Chart. cap. 28. and 14 Edw. 3. Stat. 1. cap. 9. compriseth as well Sheriffs as Bailiffs of Hundreds But as the Realin is divided into Counties so every County is again divided into Hundreds within which it is manifest that in ancient time the Kings Subjects had justice ministred to them by the several Officers of every Hundred which were called Bailiffs as those Officers do in France and Normandy being cheif Officers of Justice within every Province Grand Customary of Norm cap. 1. And it appears by Bracton lib. 3. tract 2 cap. 34. num 5. that Bailiffs of Hundreds might hold Plea of Appeal and Approvers But since that time these Hundred Courts certain Franchises excepted are by the said Statute of 14 Edw. 3. swallowed into the County Courts as you may read in County and Hundred And now the Bailiffs name and office is grown into such contempt at least these Bailiffs of Hundreds that they are now but bare Messengers and Mandataries within their Liberties to serve Writs and such vile Offices for which see Crompt Just of Peace fol. 49. a. Yet is the name otherwise still in good esteem for the chief Magistrates in divers Corporate Towns are called Bailiffs as of Ludlow Leominster c. And again there are certain persons to whom the Kings Castles are committed who are called Bailiffs as the Bailiff of Dover Castle These ordinary Bailiffs are of two sorts Bailiffs Errant and Bailiffs of Franchises Bailiffs Errant Balivi Itinerantes are those whom the Sheriff appoints to go up and down the County to serve Writs Summon the County Sessions Assises and such like Bailiffs of Franchises Balivi Franchesiarum aut Libertatum are those who are appointed by every Lord within his Liberty to do such Offices therein as the Bailiff Errant does at large in the County Of these read Sir Tho. Smith de Repub. Angl. lib. 2. cap. 16. There are also Bailiffs of the Forest Manwood part 1. pag. 113. and Bailiffs of Husbandry belonging to private Men of good Estates who are so called because they dispose of the under servants every Man to his labor and task check them for misdoing their business gather the profits to their Lord and Masters use and deliver an account thereof at the years end or otherwise as it shall be called for The Office or Duty of a Bailiff of a Manor or Houshold which in ancient time seems to have been all one Fleta well describes Lib. 2. cap. 72 73. The word Balivus is derived from Baal i. Dominus quia Balivi Dominantur suis subditis quasi corum Magistri Domini Bailiff of the Moot See Moot Bale Fr. A Pack or certain quantity of Merchandise as a Bale of Spicery of Books or Thred I finde the word in the Statute 16 Rich. 2. cap. 1. and still in use And Ballot Fr. a little Pack Balenger Seems to have been a kinde of Barge or Water-vessel by the Statute 28 H. 6. cap. 5. Baliva Statute of Marlbridge 52 Hen. 3. cap. 2. Ubi Balivam habeat vel jurisdictionem Here Baliva is well expounded by the Statute it self for in this place it signifies Jurisdiction Cokes 2 Inst fol. 105. Balivo amovendo Is a Writ to remove a Bailiff out of his Office for want of sufficient living within his Bailiwick Reg. of Writs fol. 78. Balkers or Balcors See Conders Ban or Bans Bannum from the British Ban i. Clamor Is a Proclamation or publick notice given of any thing This word Bans we use in publishing Matrimonial Contracts in the Church before Marriage to the end If any Man can speak against the intention of the parties either in respect of Kinred Pre-contract or otherwise they may take their Exception in time And in the Canon Law Banna sunt Proclamationes sponsi sponsae in Ecclesiis fieri solitae Yet our word Banning seems to come thence being an Exclamation
Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors and Searchers of the Custom-houses that they have made true Entrances in their Books He apposeth all Sheriffs upon their Summons of the Pipe in open Court and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagâ—a Coraagia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta c. Cord of Wood Ought to be eight foot long four foot broad and four foot high by Statute Cordage Fr. Is a general application for Stuff to make Ropes and for all kinde of Ropes belonging to the Rigging of a Ship Mentioned 15 Car. 2. cap. 13. Seamans Dictionary Cordiner vulgarly Cordwaner From the Fr. Codovannier a Shoo-maker and is so used in divers Statutes as 3 Hen. 8. cap. 10. 5 Ejusdem cap. 7. and others Cornage Cornagium from Cornu a Horn Was a kinde of Grand Serjeanty the service of which Tenure was to blow a Horn when any Invasion of the Scots was perceived And by this many Men held their Land Northward about the Picts-wall Camd. Britan. pag. 609. and Littleton fol. 35. But by Stat. 12 Car. 2. cap. 24. All Tenures are turned into free and common Soccage Sir Edward Coke on Littl. fol. 107. says Cornage is also called in old Books Horngeld but quaere for they seem to differ much See Horngeld and 2 Inst fol. 9. Corner-Tile See Gutter-Tile Corody or Corrody Corrodium from Corrodo Signifies a sum of Money or allowance of Meat Drink and Cloathing due to the King from an Abbey or other House of Religion whereof he is Founder towards the reasonable sustenance of such a one of his servants or vadelets as he thinks good to bestow it on The difference between a Corody and a Pension seems to be That a Corody is allowed towards the maintenance of any of the Kings servants in an Abbey a Pension is given to one of the Kings Chaplains for his better maintenance till he may be provided of a Benefice Of both these read Fitzh Nat. Br. fol. 250. who sets down all the Corodies and Pensions certain that any Abbey when they stood was bound to perform to the King Corody seems to be ancient in our Law for in Westm 2. cap. 25. it is ordained that an Assisc shall lie for a Corody It is also apparent by the Stat. 34 35 Hen. 8. cap. 26. That Corodies belonged sometimes to Bishops and Noblemen from Monasteries Tenure in Frankalmoin was a discharge of all Corodies in it self Stat. 1 Edw. 3. cap. 10. See 2 Part. Inst fol. 630. SCiant quod nos Radulphus Abbas Monasterii S. Johannis de Haghmon ejusdem loci Conventus ad instanciam speciale rogatum excellentissimi reverendissimi Domini nostri Thomae Comitis Arundeliae Surreiae Dedimus Roberto Lee unum Corrodium pro termino vitae suae essendo cum Abbate Monasterii praedicti Armigerum cum uno Garcione duobus equis capiendo ibidem esculenta poculenta sufficientia pro scipso sicut Armigeri Abbatis qui pro tempore fuerint capiunt percipiunt pro Garcione suo sicut Garciones Abbatis Armigerorum suorum capiunt percipiunt capiendo etiam pro equis suis foenum praebendam Et quod idem Robertus habeat vesturam Armigerorum c. Dat. 3 Hen. 5. Mon. Angl. 2 par fol. 933. a. Corodio Habendo Is a Writ whereby to exact a Corody of an Abbey or Religious House See Reg. of Writs fol. 264. Coronatore Eligendo Is a Writ which after the death or discharge of any Coroner is directed to the Sheriff out of the Chancery to call together the Freeholders of the County for the choice of a new Coroner to certifie into Chancery both the election and the name of the party elected and to give him his Oath See Westm 1. cap. 10. Fitzh Nat. Br. fol. 163. and Reg. of Writs fol. 177. Coroner Coronator a Corona Is an ancient Officer of this Land for mention is made of his Office in King Athelstans Charter to Beverley Anno 925. and is so called because he deals wholly for the King and Crown There are four of them commonly in every County in some fewer and in some Counties but one they are chosen by the Freeholders of the same by the Kings Writ and not made by Letters Patent Crompt Jurisd fol. 126. This Officer by the Statute of Westm 1. cap. 10. ought to be a sufficient person that is the most wise and discreet Knight that best would and might attend upon such an Office yea there is a Writ in the Register Nisi sit Miles fol. 177. b. whereby it appears it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings Rent of Freehold The Lord Cheif Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he abodes Lib. Assisarum fol. 49. Coke lib. 4. Case of Wardens c. of the Sadlers fol. 57. b. His Office especially concerns the Pleas of the Crown But what anciently belonged to him read at large in Bracton lib. 3. tract 2. cap. 5 6 7 8. Britton cap. 1. Fleta lib. 1. cap. 18. and Horns Mirror lib. 1. cap. del Office del Coroners But more aptly for the present times Stamf. Pl. Cor. lib. 1. cap. 51. There are also certain special Coroners within divers Liberties as well as these ordinary Officers in every County as the Coroner of the Verge which is a certain compass about the Kings Court whom Cromp. in his Jurisd fol. 102. calls the Coroner of the Kings House of whose Authority see Cokes Rep. lib. 4. fol. 46. By certain Charters belonging to some Colledges and Corporations they are licensed to appoint their Coroner within their own Precincts Of this Office see also 4 Inst fol. 271. Smith de Rep. Angl. lib. 2. cap. 21. And Lamb. Eiren. lib. 4. cap. 3. pag. 380. And of the Coroners Office in Scotland read Skene verbo Iter. Corporal Oath See Oath Corporation Corporatio A Body Politick or a Body Incorporate so called because the persons are made into a Body and of capacity to take and grant c. And this Body Politick or Incorporate may commence and be established three manner of ways viz. By Prescription by Letters Patent or by Act of Parliament Every Body Politick or Corporate is either Ecclesiastical or Lay Ecclesiastical either Regular as Abbots Priors c. or Secular as Bishops Deans Arch-Deacons Parsons Vicars c. Lay as Major Commonalty Bailiffs and Burgesses c. Also every Body Politick or Corporate is either Elective Presentative Collative or Donative And again it is either sole or aggregate of many which last is by the Civilians called Collegium or Universitas Coke on Littl. fol. 250. and 3 Inst fol. 202. Corpus Christi day being always on the next Thursday after Trinity Sunday Is a Feast instituted by the Church in honor of the Blessed Sacrament To which also a College in Oxford is dedicated It is mentioned in 32 Hen. 8. cap.
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Traditionem Magni Sigilli sibi per Dominum Regem and by taking his Oath 4 Inst fol. 87. Kéepers of the Liberties of England by Authority of Parliament See Custodes Libertatis Kéeper of the Privy Seal Custos privati Sigilli Is a Lord by his Office through whose hands pass all Charters signed by the King before they come to the Great Seal and some things which do not pass the Great Seal at all He is also of the Kings Privy Council and was anciently called Clerk of the Privy Seal Anno 12 Rich. 2. cap. 11. Gardien del Privy Seal In Rot. Parl. 11 Hen. 4. num 28. And Lord Privy Seal Anno 34 Hen. 8. cap. 4. Kéeper of the Touch Anno 12 Hen. 6. cap. 14. Seems to be that Officer in the Kings Mint which at this day is called Master of the Assay See Mint Kéeper of the Forest Custos Forestae Is also called Cheif Warden of the Forest and hath the principal Government of all things and the check of all Officers thereto belonging And the Lord Cheif Justice in Eyre of the Forest when it pleaseth him to keep his Iustice Seat sends out his general Summons to him forty days before to warn all under Officers to appear before him at a day assigned in the Summons Manw. par 1. p. 156 c. Kennets A sort of course Welsh Cloth mentioned Anno 33 Hen. 8. cap. 3. Kernes Idle persons Vagabonds Nec non de illis qui dicuntur homines ociosi malefactoribus qui etiam Kernys dicuntur Ord. Hibern 31 Edw. 3. m. 11 12. Kernellatus Et Dux sc Lanc. dicit quod ipse clamat pro se haeredibus suis habere Castrum suum de Halton Kernellatum Pl. de quo Warr. apud Cestriam 31 Edw. 3. Fortified or Embattelled Keyles or Kéeles Cyuli or Ciules A kinde of Long Boats of great Antiquity mentioned Anno 23 Hen. 8. cap. 18. Longae Naves quibus Britanniam primò ingressi sunt Saxones Spel. Kidder Anno 5 Eliz. cap. 12. Every person being a Common Badger Kidder Lader or Carrier Says the Statute whereby it seems to signifie one that Badges or carries Corn Dead Victual or other Merchandise up and down to sell called also Kyddiers Anno 13 Eliz. cap. 25. Kiddle Kidel or Kedel Kidellus A Dam or open Wear in a River with a loop or narrow cut in it accommodated for the laying of Weels or other Engins to catch Fish 2 Part. of Cokes Instit Angustias machinas sive ingenia in fluminibus posita ad Salmones aliosque pisces intercipiendos Some Fishermen corruptly call them Kettles The word is ancient for in Magna Charta cap. 24. we read thus Omnes Kidelli deponantur de caetero penitus per Thamesiam Medeweyam per totam Angliam nisi per costeram Maris And in a Charter made by King Iohn power was granted to the City of London De Kidellis amovendis per Thamesiam Medeweyam Anno 1 Hen. 4. cap. 12. It was accorded inter alia That a Survey should be made of the Wears Mills Stanks Stakes and Kidels in the great Rivers of England Inq. capt apud Derb. 15 Nov. 1 Eliz. post mortem Tho. Fyndern c. Et fuit sâ—isitus de uno Kidello vocat a Were ac de libera piscaria in Potlok Esc Bundello 3. Kilketh Was an ancient servile kind of payment For in an old Manuscript I find Kilketh pro qualibet husbandrea 2 denar King of Heralds Rex Heraldorum Is a chief Officer at Armes that hath the preheminence of the Society Among the Romans he was called Pater patratus See Herald King of the Minstrels at Tutbury in Com. Staff his power and priviledge appears in the following Charter JOhan par le grace de Dieu Roy de Castile de Leon Duke de Lancastre a touts ceux que cestes nos letres verront ou orront saluz Saches nous avoir ordonez constitut assignez nostre bien ame le Roy des Ministraulx deins nostre Honeur de Tuttebury quore est ou qui pur le temps serra pur prendre arrester touts les Ministralx deins meisme nostre Honour Franchise queux refusont de faire lour services Ministralcie as eux appurtenants a faire de ancient temps a Tuttebury suisdit annuelment les jours del Assumption de nostre dame Donants grantants au dit Roy des Ministralx pur le temps estant plâ—in poier mandement de les fair resonablement justifier constrener de fair lour services Ministralcies en maner come appeint come illonques ad este use de ancient temps accustome En testimoigniance de quel chose nous avons fait faire cestes nos letres patents don souz nostre privie Seal a nostre Castel de Tuttebury le xxii jour de August le an de regne nostre tresdulces le Roy Richard Second quart Confirmed by Hen. 6. 22. Febr. 21 Regni Item est ibidem quaedam Consuetudo quod Histriones venientes ad matutinds in festo Assumptionis Beatae Mariae habebunt unum Taurum de Priore de Tuttebury si ipsum capere possunt citra aquam done propinquiorem Tuttebury vel Prior dabit eis xl d. pro qua quidem Consuetudine dabuntur Domino ad dictum Festum annuatim xx d. Mon. Angl. 1 Par. fo 355. b. See Minstrels Kings-Bench Bancus Regius from the Sax. Banca a Bench or Form Is the Court or Judgment Seat where the King of England was sometimes wont to sit in his own person and was therefore moveable with the Court or Kings houshold and called Curia Domini Regis or Aula Regis wherein and in the Exchequer which were the only Courts of the King till Henry the Thirds dayes were handled all matters of Justice as well civil as criminal This Court was wont in ancient times to be especially exercised in all criminal matters and Pleas of the Crown leaving private Contracts and Civil actions to the Common-Pleas and other Courts Glanvil lib. 1. ca. 2 3 c. Smith de Repub. Angl. lib. 2. ca. 11. See Cokes 4 Inst fo 70. Kings silver Is that Money which is due to the King in the Court of Common-pleas pro licentia concordandi in respect of a Licence there granted to any man for levying a Fine Coke Vol. 6. fol 39. a 43. b. Kings Swanheard Magister deductus Cignorum Pat. 16 R. 2. pars 1. m. 38. Radulphum Scot Custodem Cignorem nostrorum five per alium quemcunque qui pro tempore Custos cignorum nostrorum praedictorum fuerit No Fowl can be a stray but a Swan 4 Inst fo 280. Kintal Span. Quintal Is a kind of weight most commonly of one hundred pounds or something under or over according to the divers uses of sundry Nations Plowden fol. 3. in the Case of Renynger and Fogassa mentions 2000 Kintals of Woad Kirkâ—ys-Quest Is an ancient Record remaining with the Remembrancer
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
immunis whereas Fundus sine scripto censum pensitabat annuum atque officiorum quadam servitute est obligatus Priorem viri plerumque nobiles atque ingenui posteriorem rustici ferè pagani possidebant Illam nos vulgò Freehold per Chartam hanc ad voluntatem Domini appellamus Thus Lambert Charter-party Lat. Charta partita Fr. Chartre-parti i. A Deed or Writing divided Is that among Merchants and Sea-â—aring men which we commonly call a Pair of Indentures containing the Covenants and Agreements made between them touching their Merchandise and Maritime Affairs Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case and 2 Inst fol. 673. Chartis Reddendis Is a Writ which lies against him that hath Charters of Feoâ—ment entrusted to his keeping and refuseth to deliver them Old Nat. Br. fol. 66. Reg. of Writs fol. 159. Chase Fr. Chasse Signifies two things First a driving Cattle to or from any place as to chase a Distress to a Fortlet Old Nat. Br. fol. 45. Secondly it is a place of Receipt for Deer and Wilde Beasts of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as the Courts of Attachment Swain-mote and Justice-seat and yet of a larger compass and stored with greater diversity both of Keepers and Wilde Beasts or Game then a Park Crompton in his Jurisd fol. 148. says A Forest cannot be in the hands of a Subject but it forthwith loseth its name and becomes a Chase and yet fol. 197. he says A Subject may be Lord and owner of a Forest which though it seems a contradiction yet both sayings are in some sort true For the King may give or alienate a Forest to a Subject yet so as when it is once in the Subject it loseth the true property of a Forest because the Courts called the Justice-seat Swain-mote and Attachment do forthwith vanish none being able to make a Lord Chief Justice in Fyr of the Forest but the King as Manwood well observes Par. 2. cap. 3. 4. Yet it may be granted in so large a manner as there may be Attachment Swain-mote and a Court equivalent to a Justice Seat as appears by him in the same Chapter num 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in his proper and true nature cannot and from a Park in that it is not enclosed and hath not onely a larger compass and more variety of Game but of Keepers also and Officers See Forest Chattels or Catals Catallia alias Capitalia Comprehend all Goods moveable and immoveable except such as are in nature of Freehold or parcel of it as may be collected out of Stamf. Praerog cap. 16. and Anno 1 Eliz cap. 2. Yet Kitchin fol. 32. says That Money is not to be accounted Goods or Chattels because it is not of it self valuable nor Hawks and Hounds for they are Ferae naturae Chattels are either personal or real Personal may be so called in two respects One because they belong immediately to the person of a Man as a Bow Horse c. The other for that being any way injuriously withheld from us we have no means to recover them but Personal Actions Chattels real are such as either appertain not immediately to the person but to some other thing by way of dependency as a Box with Charters of Land Apples upon a Tree or a Tree it self growing on the Ground Cromp. Just of Peace fol. 33. or else such as are issuing out of some immoveable thing to a person as a Lease or Rent for term of years See Bracton lib. 3. cap. 3 num 3. 4. Chattels are bona quaecunque mobilia immobilia propriè tamen ea bonorum pars quae in animalibus consistit a quorum capitibus res ipsae alias capita alias capitalia dicta sunt Spelman Chaumpert Et quod tam praedictae xx virgatae terrae quam terrae unde dicta quaterviginti quarteria srumenti annua proveniunt de nobis in Capite per servitium vocatum Chaumpert viz. Undecimae garbae nobis per manus tenentium toâ—rarum earundem annuatim solvendae tenentur Pat. 35 Edw. 3. pag. 2. m. 18. Hospital de Bowes infra Insulam de Gernesey Chaunce-medley See Chance-medley Chaunter Cantator A Singer in the Quire Anno 13 Eliz. cap. 10. At S. Davids in Pembrokeshire the Chaunter is next to the Bishop for there is no Dean Cam Britan. Chauntry Cantaria Aedes sacra ideo instituta dotata praediis ut Missa ibidem cantaretur pro anima fundatoris propinquorum ejus These were usually little Chappels or particular Altars in some Cathedral or Parochial Church and endowed with Lands or other Revenue for the maintenance of one or more Priests to officiate as abovesaid Mentioned 37 Hen. 8. cap. 4. 1 Edw. 6. c. 14. 15 Car. 2. cap. 9. Of these Chantries there were forty seven belonging to S. Pauls Church in London for which see Mr. Dugdales History of that Church Sciant quod ego Reginaldus Suard dedi Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae c. Dat. apud Leominstre die Martis prox post Festum Sancti Hillarii Anno 7 Hen. 5. Chawdren of Sea-Coals Anno 9 Hen. 5. cap. 10. See Chaldron Check-Roll Is a Roll or Book containing the names of such as are attendants and in pay to the King or other great persons as their Houshold-servants Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted or derived from the Exchequer which vide Clerk of the Check see in Clerk Chemin See Chimin Chensers Anno 27 H. 8. cap. 7. Quaere If not such as paid tribute or Cense Quit-rent or Cheif Rent For so the Fr. Censier signifies Cherset See Churchesset Chevage Chevagium from the Fr. chef i. caput Signifies a Tribute or sum of Money formerly paid by such as held Lands in Villanage or otherwise to their Lords in acknowledgment and was a kinde of Head or Poll-Money Whereof Bracton lib. 1. cap. 10. says thus Chevagium dicitur recognitio in sig num subjectionis Dominii de capite suo It seems also to be used for a sum of Money yearly given to a Man of power for his Countenance and Protection as to their cheif Head or Leader Lambert lib. 2. cap. 5. Eirenarch writes it Chivage we now call it Chiefage Est apud Wallos Chevagii genus quod Amabr vocant Principi Walliae pro maritandis filiabus olim ab omnibus ut asserunt hodie a quibusdam etiam liberis persolutum says Spelman on the word Chevagium See Coke on Littl. fol. 140. Chevisance Fr. Chevissance An Agreement or Composition made an End or Order set down
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per
God Lollardy and Lollery Anno 1 2 Phil. Ma. cap. 6. The Doctrine and Opinion of the Lollards Rogerus Acton miles pro Proditione Lollardia distrahatur suspendatur sic suspensus pendeat ad voluntatem Regis Middlesex Plac. Hill 1 Hen. 5. Rot. 7. Trin. 2 Hen. 5. Rot. 6. Lollards so called from Walter Lollard a German First Author of this Sect living about the year 1315. Were certain Hereticks at least in the Opinion of those times that abounded here in England in the days of Edward the Third and Henry the Fifth whereof Wicliff was the cheif in this Nation according to Stow in his Annals fol. 425. They are mentioned Anno 2 Hen. 5. cap. 7. Against these Lollards much was decreed by Tho. Arundel Archbishop of Canterbury in a Council at Oxford See their Tenets in Spotswoods History of Scotland fol. 61. The High Sheriff of every County is bound by his Oath to suppress them You shall says the Oath do all your pain and diligence to destroy and make to cease all manner of Heresie and Errors commonly called Lollardies within your Bailiwick from time to time with all your power c. The intent of the Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm so said the Statute of 2 Hen. 5. cap. 7. which was repealed 1 Edw. 6. cap. 12. See 3 Inst fol. 41. and Caudries Case Lord Dominus Sax hlaford signifying a Bread-giver Bountiful or Hospitable Is a word of Honor with us and used diversly Sometimes being attributed to those who are noble by Birth or Creation and are otherwise called Lords of the Parliament and Peers of the Realm sometimes to those who are so called by the curtesie of England as all the Sons of a Duke or Marquess and the eldest Son of an Earl Sometimes to Persons Honorable by Office as Lord Cheif Justice c. And sometimes to an Inferior Person that hath Fee and consequently the Homage of Tenants within his Mannor for by his Tenants he is called Lord and in some places for distinction sake Landlord In which last signification it is most used in our Law-Books where it is divided into Lord Paramount and Lord Mesn Lord Mesn is he that is owner of a Mannor and by vertue thereof hath-Tenants holding of him in Fee and by Copy of Court-Roll and yet holds himself of a Superior Lord called Lord Paramount or above him Old Nat. Br. fol. 79. We likewise read of Very Lord and Very Tenant Very Lord is he who is immediate Lord to his Tenant and Very Tenant he that holds immediately of that Lord. So that if there be Lord Paramount Lord Mesn and Tenant the Lord Paramount is not very Lord to the Tenant Broke tit Heriot num 1. Lord in Gross Is he who is Lord not by reason of any Mannor as the King in respect of his Crown Fitz. Nat. Br. fol. 3. and 8. where also is a Case wherein a private person is a Lord in Gross As a Man makes a Gift in Tail of all the Land he hath to hold of him and dies his Heir hath but a Seigniory in Gross Lorriners or Lorimers Fr. Lormier from the Lat. Lorum Is one of the Companies of London that make Bits for Bridles Spurs and such like small Iron ware Anno 1 Rich. 2. cap. 12. Lot or Loth Is the thirteenth Dish of Lead in the Darbishire Mines which belongs to the King Pro dominio suo Presentatum est in Ragemannis per 12 de Alto Pecco quod Rad. de Wyne fecit quandam Purpresturam in solo Domini Regis in Tatington Prestclivâ— faciendo mineram plumbi unde Rex sâ—lebat percipere le Lot mineris i. Tertium decimum vas c. Rot. Rageman de quo Warranto de Itin. de Derbi 9 Edw. 1. Et de minerâ— lucrata in hujusmodi opere in feodo Domini Regis Dominus Rex habebit pro Dominio suo tertium decimum discum qui dicitur le Loth. Eschaet de Anno 16 Edw 1. num 34. See Cope Lotherwit alias Leyerwit Is a Liberty or Priviledge to take amends of him that defiles ones Bond-woman without Licence Rastals Exposition of Words According to others it is an amends for lying with a Bond-woman See Lairwit Some think it should be rather written Legerwit for Leger in Saxon signifies a Bed or Lecherwite a mulct or punishment for Lechery Lourgulary Fr. Louâ—deriâ— i. Inhumanitas incivilitas In Statuto pro stratis London impresso Anno 1573. Art 45. Casting any corrupt thing appoisoning the Water is Lowrgulary and Felony some think it a corruption of Burglary See Glossar in decem Scriptores verbo Burglaria Lowbellers Anno 23 Eliz. cap. 10. Are such as go with Light and a Bell by the sight whereof Birds sitting on the Ground become somewhat stupified and so are covered with a Net and taken This name is derived from the word Low which in the Saxon or old English signifies a Flame of fire See the Antiq of Warwickshire p. 4. Lushborow or Lushburgs Was a base sort of Money coyned beyond Seas to the likeness of English Money in the days of Edward the Third and brought in to deceive the King and his People To avoid which it was made Treason for any Man wittingly to bring in any such Anno 25 Edw. 3. stat 4. cap. 2. 3 Parâ— Inst fol. 1. M. M. Every Person convicted for Murder Man-slaughter and admitted to the benefit of his Clergy to be marked with an M. upon the Brawn of the Left-thumb Anno 4 Hen. 7. cap. 13. Macegriefs alias Macegrefs Macâ—ecarâ—i Are such as willingly buy and sell stoln Flesh knowing the same to be stoln Britton cap. 29. In turnis Vice-com ' 12 Juratores inter alia presenteront Dâ— Macegrefs achatâ—uns vendauns a â—scient chars â—mbles Cromptons Justice of Peace fol. 193. a. Vide LL. Inâ— cap. 20. de â—arnem furtivam eâ—â—â—tâ— Madning-money Old Roman Coyns sometimes found about Dunstable are so called by the Countrey people and retains the name from Magintum used by the Emperor Antonine in his Itinerary for Duâ—stable Câ—m Maeremium Is derived from the Old Norman word Marismâ— for Timber Rex dilecto Rogerâ— de Horsley Constabulario Castri sui de Baumburg salutem Mâ—ndamus vobis quod â—omines partium prâ—dict nuper in Castro prâ—dicto pro salvatione Corporum rerum suarum contra aggressus Scotâ—rum commorantes Maeremium de logiâ—â— suis 〈◊〉 non bona catalla ac victualia sua in codem Castro in Fâ—ssato Motâ— ejusdem existentia sine impedimonto capere cariâ—re quo voluerint aâ—portare pormittatis c. T. Rege apud Co 〈…〉 k. 12 Juâ—ii Claus 16 Edw. 2. m. 3. Magbote or Maegbote From the Sax. Maeg i. cognatus bote compensatio A recompence for the slaying or murder of ones Kinsman For anciently in this Nation Corporal punishments for Murder and other great
contributione Spelm. Warectum terra warecta Fr. Terre garee Land that has been neglected and long untill'd also Fallow ground Tempus warecti in ancient Records signifies the time wherein Land lies Fallow the Fallow year or season for Fallowing Land In Warectis in brueriis in boscis in mariscis in defensis et in omnibus terris c. Mon. Angl. 2. Par. fo 253. a. xxv acras uno quoque anno ad seminandum et totidem ad Warectandum Idem 1. Par. fo 525. b. See Yvernagium Waren VVarenna from the Germ. Wahren i. Custodire Is a Franchise or place priviledg'd either by prescription or grant from the King to keep Beasts and Fowle of VVaren which are Hares and Conies Partridges and Feasants If any person offend in such Free-waren he is punishable for the same by the Common-Law and by Statute 21 Ed. 3. called the Statute de malefactoribus in parcis et chaceis c. Videtur tamen Justiciariis hic et Concilio Dom. Regis quod Capreoli sunt bestiae de Warenna et non de Foresta eo quod fugant alias bestias de Warenna Hill An. 13 Ed. 3. Ebor. Rot. 136. Warnoth Inter Record de Recept Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege I find it to be an ancient Custom whereby if any Tenant holding of the Castle of Dover faild in paying his Rent at the day he should forfeit double and for the second failer treble c. And in Mon. Angl. 2. Par. fo 589. a. Terris cultis terris de Warnoth War-scot Was the contribution that was made towards Armor or War in the Saxons time Sint omnes tam primarii quam mediocres et minuti immunes liberi et quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et forinsecis querelis LL. Forest Canuti Regis num 9. UUarwit See VVardwite Waste Vastum Sax. waest Hath divers significations first it is a spoil made either in Houses Woods Lands c. by the Tenant for life or years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168 c. Whereupon the Writ of Waste is brought for recovery of the thing wasted and trebble damages See Vasto Waste of the Forest is most properly where a Man cuts down his own Woods within the Forest without Licence of the King or Lord Cheif Justice in Eyre See Manwood 2 Part cap. 8. num 4 5. Secondly Waste is taken for those Lands which are not in any one Mans occupation but lie common which seem to be so called because the Lord cannot make such profit of them as he does of his other Lands by reason of that use which others have of it in passing to and fro Upon this none may build cut down Trees dig c. without the Lords Licence Thirdly Year day and Waste Annus Dies Vastum Is a punishment or forfeiture belonging to Petit-Treason or Felony whereof you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year Day and Waste Waste-ground Vastus fundus Is so called because it lies as Waste with little or no profit to the Lord of the Mannor and to distinguish it from the Demesns in the Lords hands 2 Part Inst fol. 656. See Waste Wastors Anno 5 Edw. 3. cap. 14. Were a kinde of Theeves so called There have béen says the Statute divers Man-slaughters Felonies and Robberies done by People called Roberdsmen Wastors and Draw-latches 4 Hen. 4. cap. 27. Wastel Bread Anno 51 Hen 3. Statute of Bread Forte a Uasten Belgis jejunare unde illis Wastelavond Shrovetide Vox autem unde veniat non liquet says the Gloss in x. Scriptores See Cocket Water-bailiffs Seem to be Officers in Port-Towns for the searching of Ships Anno 28 Hen. 6. cap. 5. Also an Officer so called belonging to the City of London who hath the supervision and search of Fish brought thither and the gathering of the Toll rising from the Thames He also attends on the Lord Major for the time being and hath the principal care of Marshalling the guests at his Table and doth Arrest Men for debt or other personal or criminal Matters upon the River of Thames by Warrant of his Superiors Watergage Watergagium Aquagagium A Sea-wall or Bank to stop or restrain the current or overflow of the Water also an Instrument to gage or measure the profundity or quantity of any Waters Watergang Watergangium Sax. waetergang i. Decursus aquae A Trench Trough or Course to carry a Stream of Water Such I conceive as are usually made in Sea-walls to loose and drain Water out of the Marshes Some Authors confound this with Watergage but they seem to have different significations Carta Hen. 3. De Ordinatione Marisci de Romency c. Ad reparandum Wallias Watergangias eiusdem Marisci contra Maris periculum Omnibus Balivis de Besintone Robertus de Curci salutem Mando vobis atque praecipio quatenus justicietis meos homines de Snargate ut faciant Wallas Watergangas clausuras Wallarum sicut debent facere si facere noluerint tum justicietis illos ut faciant c. Mon. Angl. 2 par fol. 920. b. Watergavel Henricus Rex salutem Sciatis nos dedisse dilecto fide li nostro Huberto de Burgo Comiti Kantiae Margariae uxori suae redditum xxxii s. iv d. quem homines eorundem Huberti Margariae de Manerio suo de Elmour nobis reddere solebant singulis annis per manum Balivi nostri de Menstreworth nomine Watergavel Habend c. Dat. 15 Hen. 3. This was a Rent paid for fishing in or other benefit received from some River or Water Watlingstréet Anno 39 Eliz. cap. 2. Is one of those four ways which the Romans are said to have made here and called Consulares Praetorias Militares Publicas This Street is otherwise called Werlamstreet and leads from Dover to London Donstable Touceter Atterston and the Severn near the Wrekyn in Shropshire extending it self to Anglesey in Wales The second is called Ikenildstreet stretching from Southampton over the River Isis at Newbridge thence by Camden and Litchfield then it passeth the River Derwent near Derby so to Bolesover Castle and ends at Tinmouth The third was called Fosse because in some places it was never perfected but lies as a large Ditch leading from Cornwal through Devonshire by Tetbury near Stow in the Wolds and besides Coventry to Leicester Newark and so to Lincoln c. The fourth was called Ermin or Erminage-street stretching from S. Davids in West-Wales unto Southampton See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini or Four Publick Ways had the priviledge of Pax Regis Waxshot or Waxscot Ceragium Tributum quod in Ecclesiis pendebatur ad subministrationem cerae luminarium Wax cera Shot
Which shew That in ancient times Justices were appointed by special Commission to dispatch Controversies of Possession one or more in this or that onely County as occasion fell out or Disseisins were offered and that as well in Term time as out of Term Whereas of later days we see that all these Commissions of Assises of Eyr of Oyer and Terminer of Goal-delivery and of Nisi prius are dispatched all at one time by two several Circuits in the year out of term and by such as have the greatest sway of Justice being all of them the Kings Justices of either Bench Barons of the Exchequer or Serjeants at Law Assise In the second signification according to Littleton is used for a Jury For to use his own example it is set down in the beginning of the Record of an Assise of Novel Disseisin Assisa venit recognitura which is as much as to say Juratores veniunt recognituri He gives this reason why the Jury is called an Assise Because by Writ of Assise the Sheriff is commanded Quod faciat duodecim liberos legales homines de viceneto c. Videre Tenementum illud nomina eorum imbreviari quod summoneat eos per bonas summonitiones quod sint coram Justiciariis c. parati inde facere recognitionem c. This is as if he should have spoken shorter Metonymia effecti For they are called the Assises because they are summoned by vertue of the Writ so termed And yet the jury summoned upon a Writ of Right is likewise called the Assise as himself there confesseth Which Writ of Right is not an Assise but this may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or abusively so termed Assise in this signification is divided In magnam parvam Glanvile lib. 2. cap. 6 7 c. and Britton cap. 12. Where it appears wherein the Great Assise differs from the Petit Assise The former four kindes of Assises used in Actions onely Possessory are called Petit Assises in respect of the Grand Assise For the Law of Fees is grounded upon two Rights One of Possession the other of Property And as the Grand Assise serves for the Right of Property so the Petit Assise serves for the Right of Possession Horns Mirror of Justices lib. 2. cap. De Novel Disseisin Assise in the third signification according to Littleton is an Ordinance or Statute of Assise as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale Assisa panis cervifiae Reg. of Writ fol. 279. b. Assise of the Forest Assisa de Foresta Is a Statute or Condition touching orders to be observed in the Kings Forest Manwood part 1. pag. 35. Crompton in the Court of Justices of the Forest per totum fol. 146. seq And Assise of the King Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge These are called Assises because they set down and appoint a certain measure rate or order in the things they concern Of Assise in this signification Glanvile also speaks Lib. 9. cap. 10. in fine Generaliter verum est quod de quolibet placito quod in comitatu deducitur terminatur misericordia quae in de provenit vicecomiti debetur Quae quanta sit per nullam assisam generalem determinatum est And thus much touching Littletons Division But if we mark well the Writers of the Law we shall finde this word Assise more diversly used then this Author hath noted For it is sometime used for the measure or quantity it self and that per Metonymiam effecti because it is the very scantline described or commanded by the Ordinance For example we say When Wheat c. is of this price then the Bread c. shall be of this Assise This word is further taken for the whole Process in Court upon the Writ of Assise or for some part thereof as the Issue or Verdict of the Jury For example Assises of Novel Disseisin c. shall not be taken but in their Shires and after this manner c. Mag. Char. cap. 12. And so it seems to signifie Westm 2. cap. 25. Anno 13 Edw. 1. in these words Let the Disseisor alleage no false exceptions whereby the taking of the Assises may be deferred c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise the Assise is arraigned to aver by the Assise the Assise by their default shall pass against them And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants c. Lastly By Merton cap. 4. Anno 20 Hen. 3. certified by the Assise quit by the Assise c. And in this signification Glanvile calls it Magnam Assisam domini Regis quae ex duodecim ad minus legalium hominum Sacramentis consistit L. 2. c. 7. Bracton uses it in like sort as Assisa cadit in transgressionem Assisa cadit in perambulationem L. 4. c. 30 31. Fleta defines an Assise in this signification thus Assisa in jure possessorio est quaedam recognitio duodecim hominum juratorum per quam Justiciarii certiorantur de articulis in brevi contentis And Assise also thus signifying is said sometime to pass per modum assisae and sometime in modum juratae in manner of an Assise when onely the Disseisin in question is put to the tryal of the Twelve in manner of a Jury when any exception is objected to disable the interest of the Disseisee and is put to be tryed by the Twelve before the Assise can pass Assise in this signification is taken four ways Old Nat. Br. fol. 105. The first is Assise at large which is taken as well upon other Points as upon the Disseisin For example where an Infant brings an Assise and the Deed of his Ancestor is pleaded whereby he claims his Right or founds his Title then the Assise shall be taken at large That is the Jury shall enquire not onely whether the Plaintiff were disseised or not by the Tenant but also of these Points viz. Whether his Ancestor were of full age of good memory and out of Prison when he made the Deed pleaded Another example You may read in Littleton cap. Estates upon Condition The second manner is when the Tenant as it were setting foot to foot with the Demandant without farther circumstance pleads directly contrary to the Writ no wrong no disseisin The third is When the Tenant alleageth something by exception that must be tried by a Jury before the principal cause can proceed As if he plead Forein Release or Forein Matter tryable in another County For in this case the Justices refer the Record to the Court of common-Common-Pleas for tryal of the Forein Pleas before the Disseisin can come to be decussed Of this sort read divers other examples in Bracton lib. 4. part 1. cap 34. For there are of them as he saith and Britton also cap. 52. both dilatory and peremptory The
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
ordinary Yeomen and Huissiers belonging either to His Majesty the Queen or Prince either giving leave or allowing their Absences or Defects in attendance or diminishing their Wages for the same He also nigntly by himself or Deputy takes the view of those that are to watch in the Court and hath the setting of the Watch. This Officer is mentioned Anno 33 Hen. 8. cap. 12. Also there is an Officer of the same name in the Kings Navy and mentioned Anno 19 Car. 2. cap. 1. Clerk Marshal of the Kings House Seems to be an Officer that attends the Marshal in His Court and Records all His proceedings Anno 33 Hen. 8. cap. 12. Closh Was an unlawful Game forbidden by the Statute of 17 Edw. 4. cap. 3. and seems to have been the same with our Nine Pins elswhere called Closh-cayls Anno 33 Hen. 8. cap. 9. Though some think it might be the same Game which is still used by idle persons in Lincolns-Inn Fields and now called The Wheel of Fortune wherein they turn about a thing like the Hand of a Clock in Fr. Cloche Clove Is the Two and thirtieth part of a Weigh of Cheese i. Eight pound An. 9 Hen. 6. cap. 8. See Waga Cocherings An Exaction or Tribute in Ireland See Bonaght Cocket or Coket Cokettum Is a Seal belonging to the Kings Custom-house Reg. of Writs fol. 192. a. Also a Scrol of Parchment sealed and delivered by the Officers of the Custom-house to Merchants as a Warrant that their Merchandises are customed Anno 11 Hen. 6. cap 16. Which Parchment is otherwise called Literae de Coketto or Literae testimoniales de Coketto Reg. fol. 179. a. So is the word used Anno 5 6 Edw. 6. cap. 14. And 14 Edw. 3. Stat. 1. cap. 21. None shall make Wools to be Cocketted but in the name of him to whom the Wools be Anno 13 Rich. 2. cap. 9. Coket Is also used for a distinction of Bread in the Statute of Bread and Ale made 51 Hen. 3. The words are When a quarter of Wheat is sold for xii d then Wastel-Bread of a Farthing shall weigh vi 1. and xvi s but Bread-Cocket of a Farthing of the same Corn and Bultel shall weigh more then Wastel by ii s. And Cocket-Bread made of Corn of lower price shall weigh more then Wastel by v s. Bread made into a Simnel shall weigh ii s. less then Wastel Bread made of the whole Wheat shall weigh a Cocket and a half so that a Cocket shall weigh more then a Wastel by v s. Bread of Treet shall weigh two Wastels and Bread of Common Wheat shall weigh two great Cockets When a Quarter of Wheat is sold for xviii d. then Wastel-Bread of a Farthing White and well-baked shall weigh iv l x s. when for ii s iii l. viii s. c. By which we may perceive that Wastel-Bread was the finest Cocket-Bread next then Bread of Treet and lastly Bread of Common Wheat as we now call the finest Bread Wheaten or French Bread the second sort White Bread the third Brown or Houshold Bread c. Codicil Codicillus A Schedule or Supplement to a Will or some other Writing some Writers conferring a Testament and a Codicil together call a Testament a great Will and a Codicil a little one and compare a Testament to a Ship and the Codicil to the Boat tied to the Ship Codicil is used as an addition annexed to a Testament when any thing is omitted which the Testator would add explain alter or retract and is the same with a Testament but that it is without an Executor Sec Swinb pag. 1. sect 5. and Touchstone of Wills pag. 21 22. Coffée Anno 15 Car. 2 cap. 11 A kinde of drink brought hither from the Turks and Persians black thick and bitter distrained from Berries of that nature and name yet thought to be good and wholesome Cofferer of the Kings Houshold Is a Principal Officer of the Court next under the Comptroller who in the Counting-House and elswhere hath a special charge and over-sight of other Officers of the Houshold for their good demeanor and carriage in their Offices and pays their wages This Officer is mentioned Anno 39 Eliz. cap. 7. Cogs Cogones Seems to be a kinde of Vessel or Boat upon the River of Ouse and Water of Humber mentioned in the Statute of 23 Hen. 8. cap. 18. Also a kinde of Ship For I finde in Matth. Westm Anno Dom. 1066. Venit ad hoc in Angliam Rex Noricorum trecentis Coggonibus advectus Cognatione See Cosenage Cognisor See Conisor Cognitionibus Mittendis Is a Writ to a Justice or other that hath power to take a Fine who having taken it defers to certifie it into the Court of Common Pleas commanding him to certifie it Reg. of Writs fol. 68. b. Cognizance Fr. Cognisance i. cognitio Is used diversly sometimes signifying the Badge of a Waterman or Serving-Mans Sleeve which is commonly the givers Crest whereby he is discerned to belong to this or that Noble or Gentleman Sometimes an acknowledgment of a Fine or Confession of a thing done as Cognoscens latro Bract. lib. 3. tract 2. cap. 3. 20 32. And to make Cognizance of taking a Distress Sometimes as an audience or hearing a matter judicially as to take Cognizance Sometimes a Power or Jurisdiction as Cognizance of Plea is an ability to call a Cause or Plea out of another Court which no Man can do but the King except he can shew Charters for it Manw. par 1. pag. 68. For such Cognizance lies not in Prescription Cogware Seems to be a sort of Course Cloaths made in the North of England mentioned in the Stat. 13 Rich. 2. cap. 10. Where there is mention also of Cogmen that is Buyyers of Makers or Dealers in such Cogware Coif Coifa Fr. Coiffe Our Serjeants at Law are otherwise called Serjeants of the Coif from the Lawn Coif they wear on their Heads under their Cap when they are created and always after See Serjeant Coin Fr. Coign i. Angulus which probably verisies the opinion of such as hold the ancientest sort of Coyn to be cornered and not round any sort of Money coyned Cromp. Just of P. fol. 220. Coinage Besides the general signification relating to Money It is says Camden by a Law provided That all the Tin in Cornwal after it is cast and wrought shall be weighed and signed with a stamp which is called Coynage Britan. fol. 186. and Anno 11 Hen. 7. cap. 4. Some Authors write it Cunage Coket See Cocket Coliberts Colliberti Sunt tenentes in libero Soccagio M. S. Or such as of Villains were made Freemen Collateral Collateralis Side-wise or which hangs by the side or comes in side-wards not direct As Collateral Assurance is that which is made over and beside the Deed it self as If a Man covenant with another and enter Bond for performance of his Covenant the Bond is termed Collateral Assurance because it is external and without the
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
so are they said to lead the Fine Upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizoâ— who thereupon yields to pass the Fine before the Judge and so the Acknowledgment being Recorded the Cognizor and his Heirs are presently concluded and all strangers not excepted after five years passed If the Writ whereon the Fine is grounded be not a Writ of Covenant but of Warrantia Chartae or a Writ of Right or of Mesn or of Customs and Services for of all these Fines may also be founded West sect 23. then this Form is observed the Writ is served upon the party that is to acknowledge the Fine and then he appearing doth accordingly See Dyer fol. 179. num 46. Fines are now onely levied in the Court of Common Pleas at Westminster in regard of the solemnity thereof ordained by the Statute of 18 Edw. 1. Before which time they were sometimes levied in the County Courts Court Barons and in the Exchequer as may be seen in Mr. Dugdales Origines Juridiciales alibi This word Fine sometimes signifies a sum of Money paid for an income to Lands or Tenements let by Lease anciently called Gersuma sometimes an amends pecuniary punishment or recompence upon an offence committed against the King and his Laws or a Lord of a Mannor In which case a Man is said Facere Finem de transgressione cum Rege c. Reg. Jud. fol. 25. a. Of the diversity of these Fines see Cromptons Just of Peace fol 141. b. 143 144. and Lamb. Eiren. lib. 4. cap. 16. But in all these diversities of Uses it hath but one signification and that is a Final conclusion or end of differences between parties And in this last sence wherein it is used for the ending and remission of an Offence Bracton hath it lib. 2. cap. 15. num 8. speaking of a Common Fine that the County pays to the King for false Judgments or other Trespasses which is to be Assessed by the Justices in Eyr before their departure by the Oath of Knights and other good men upon such as ought to pay it with whom agrees the Statute 3 Edw. 1. cap. 18. There is also a Common fine in Leets see Kitchin fol. 13. Vide Common Fine Fleta lib. 1. cap. 48. and Coke on Littl. fol. 126. b. Fines for Alienation Are reasonable Fines paid to the King by his Tenants in Cheif for License to Alien their Lands according to the Stat. 1 Edw. 3. cap. 12. But see the Stat. 12 Car. 2. cap. 24. Fines pro Licentia Concordandi Anno 21 Hen. 8. cap. 1. See Fine Fine force from the Fr. Fin i. crafty or subtil and ferce i. vis Seems to signifie an absolute necessity or constraint not avoidable and in this sence it is used Old Nat. Br. fol. 78. And in the Stat. 35 Hen. 8. cap. 12. in Perkins Dower fol. 321. Plowden fol. 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo Dominico Is a Writ to Justices for disannulling a Fine levied of Lands holden in Ancient Demesn to the prejudice of the Lord. Reg. of Writs fol. 15. b. Fine Capiendo pro terris c. Is a Writ lying for one who upon Conviction by a Jury having his Lands and Goods taken into the Kings hand and his body committed to prison obtains favor for a sum of Money c. to be remitted his imprisonment and his Lands and Goods to be re-delivered to him Reg. of Writs fol. 142. a. Fine levando de tenementis tentis de Rege in Capite c. Was a Writ directed to the justices of the Common Pleas whereby to License them to admit of a Fine for the sale of Land holden in Capite Reg. of Writs fol. 167. a. Fine non capiendo pro pulchre placitando Is a Writ to inhibit Officers of Courts to take Fines for fair pleading Reg. of Writs fol. 179. Fine pro redisseisina capienda c. Is a Writ lying for the release of one laid in prison for a Re-disseisin upon a reasonable Fine Reg. of Writs fol. 222. Finors of Gold and Silver Are those that purifie and part those Mettals from other courser by Fire and Water Anno 4 Hen. 7. cap. 2. They are also called Parters in the same place and sometimes Departers Firdstole See Fridstole Firebare Quod sine dilatione levari reparari fac signa Firebares super montes altiores in quolibet Hundredo Ita quod tota patria per illa signa quoâ—iescuâ—que necesse fuit praemuniri potest c. Ordinatio pro vigil observand a Lynne usque Yermouth temp Ed. 2. Perhaps from the Saxon Fyretor a Beacon or a High Tower by the Sea-side wherein were continual Lights either to direct Sailers in the Night or give warning of the Enemy Firebote Sax. Signifies allowance of Wood or Estovers to maintain competent Fire for the use of the Tenant See Haybote Firma see Ferme Ad firmam noctis was a Custom or Tribute paid towards the entertainment of the King for one night according to Domesday Comes Meriton T. R. E. i. tempore Regis Edovardi Conf. reddebat firmam unius noctis i. Provision or Entertainment for one night or the valne of it Firma Regis anciently Pro villa Regia seu Regis Manerio Spel. First-fruits or Annates Primitiae Are the Profits after Avoidance of every Spiritual Living for one year given in ancient time to the Pope throughout all Christendom but by the Stat. 26 Hen. 8. cap. 3. translated here in England to the King For ordering whereof there was a Court erected 32 Hen. 8. cap. 45. but dissolved 1 Mar. Sess 2. cap. 10. And since that time though those Profits are reduced again to the Crown 1 Eliz. cap. 4. yet was the Court never restored but all matters formerly handled therein were transferred to the Exchequer See Annates Fish-garth Anno 23 Hen. 8. cap. 18. A Dam or Wear in a River made for the taking of Fish especially in the Rivers Owse and Humber See Garth Fithwite Rectiùs Fihtewite a Sax. Feoht pugna and wite mulcta mulcta ob commissam pugnam in perturbationem pacis publicae Fithwite i. si pugnaverint percusserint se quamvis sanguinem non extraxerint Prior habebit inde amerciamenta Ex Registro Priorat de Cokesford Fledwite or Flightwite Sax. Flyht fuga wite mulcta Signifies in our ancient Laws a Discharge or Freedom from Amerciaments when one having been an outlawed Fugitive comes to the Peace of our Lord the King of his own accord or with licence Thus Rastal But Quaere whether it does not rather signifie a Mulct or Fine set upon a Fugitive Fléet Sax. Fleot i. A place where the Water ebbs and flows a running Water A famous Prison in London so called from the River on the side whereof it stands To this Prison Men are usually committed for contempt to the King and his Laws or upon absolute
on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of Immunity whereof he is either Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum Liberum Is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This
adulteration of Wines in which last use it is prohibited by Stat. 12 Car. 2. ca. 25. Issue Exitus Hath divers applications sometime being used for the Children begotten between a Man and his Wife sometime for Profits growing from Amercements or Fines sometimes for Profits of Lands or Tenements Westm 2. An. 13 Ed. 1. ca. 39. Sometime for that point of matter depending in Suite whereon the parties joyn and put their Cause to the Trial of the Jury And in all these it has but one signification which is an effect of a Cause preceding as Children are the effect of the Marriage the Profits growing to the King or Lord from the punishment of any mans Offence is the effect of his Transgression the point referr'd to 12 Men is the effect of pleading or process Issue in this last signification is either general or special General Issue seems to be that whereby it is referr'd to the Jury to bring in their Verdict whether the Defendant have done any such thing as the Plaintiff lays to his charge For example if it be an Offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General Issue See Doctor and Student fo 158. b. The Special Issue then must be that where special matter being alledged by the Defendant for his defence both parties joyn thereupon and so grow either to a demurrer if it be quaestio juris or to a Trial by the Jury if it be quaestio facti An. 4 Hen. 8. ca. 3. See the New Book of Entries verbo Issue and 18 Eliz. ca. 12. Itinerant Itinerans i. That takes a journey Those were anciently called Iustices itinerant who were sent with Commission into divers Counties to hear such causes specially as were termed Pleas of the Crown See Iustices in Eyre Judaism Iudaismus The Custom Religion or Rites of the Iews This word was often used by way of exception in old Deeds as Sciant Quod ego Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti unum croftum Habend de me heredibus meis sibi haeredibus ejus vel ejus assignatis eorum heredibus cuicunque quocunque vel quandocunque dictum Croftum dare vendere legare invadiare vel aliquo modo assignare voluerint in quocunque statu fuerint libere quiete integre bene in pace excepta Religione Judaismo c. Sine dat The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament the King had a Fifteenth granted him Pro expulsione Iudaeorum Iudaismus was also anciently used for a Morgage Pro hac autem donatione dederunt mihi dicti Abbas Canonici sex Marcas Sterl ad acquietandam terram praedictam de Judaismo in quo fuit impignorata per Rob. fratrem meum c. Ex magno Rot. Pipae de Anno 9 Edw. 2. Judgment Iudicium quasi juris dictum The very voice of Law and Right and therefore Iudicium semper pro veritate accipitur The ancient words of Iudgment are very significant Consideratum est c. because Iudgment is ever given by the Court upon consideration had of the Record before them and in every Judgment there ought to be three persons Actor Reus Iudex Of Iudgments some are final and some not final c. See Coke on Littl. fol. 39. a. Judicium Dei The Judgment of God so our Ancestors called those now probibited Tryals of Ordael and its several kindes Si se super defendere non posset Judicio Dei scil Aquâ vel ferro fieret de eo justitia LL. Divi Edw. Confess cap. 16. See Spelm. Gloss on this word Judgment or Tryal by the Holy Cross long since disused See Cressy's Church-History fol. 960. Jugum terrae In Domesday contains half a P o 〈…〉 and. Jun 〈…〉 ia from juncus A Soil where Rushes grow Coke on Littl. fol. 5. Cum Piscariis Turbariis Juncariis communibus Pasturis ad Messuagium praedictum pertin Pat. 6 Edw. 3. pa. 1. m. 25. Jura Regalia See Regalia Jurats Iurati Anno 2 3 Edw. 6. cap. 30. As the Major and Iurats of Maidstone Rye Winchelsey Tenterdon c. are in the nature of Aldermen for Government of their several Corporations and the name is taken from the French where among others there are Major Iurati Suessenses c. Vide Choppin Doman Fran. lib. 3. Tit. 20. sect 11. p. 530. So Iersey hath a Bailiff and Twelve Iurats or sworn Assistants to govern the Island Cam. Romene◠Marsh is incorporate of one Bailiff xxiiii Iurats and the Commonalty thereof by Charter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist of Imbanking and Draining fol. 34. b. Jury Iurata from Iurare to swear Signifies Twenty four or twelve Men sworn to inquire of the matter of Fact and declare the Truth upon such Evidence as shall be delivered them touching the matter in question of which Iury who may and who may not be impaneld see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England one by Battel the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5 6 7. who adds a third by Parliament The Tryal by Assise be the Action Civil or Criminal Publick of Private Personal or Real is referred for the Fact to a Iury and as they finde it so passeth the Judgment which by Bracton lib. 2. cap. 7. is called Regale beneficium c. This Iury is not onely used in Circuits of Justices but in other Courts and Matters of Office as if the Coroner enquire how a subject found dead came to his end he useth an Enquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bailiff of a Hundred the Steward of a Court Leet or Court Baron if they enquire of any offence or decide any Cause between party and party do it by the same manner So that where it is said all things are tryable by Battel or Assise Assise in this place is taken for a Iury or Enquest empanelled upon any Cause in a Court where this kinde of Tryal is used This Iury though it pertain to most Courts of the Common Law yet is it most notorious in the half-yearly Courts of the Justices Itinerants or of the Great Assises and in the Quarter Sessions where it is usually called a Iury and that in Civil Causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron a Iury of the Homage In the General Assise there are usually many Iuries because there are many Causes both Civil and Criminal commonly to be tryed whereof one is called the Grand Iury or Great Enquest and the rest Petit Iuries whereof it seems there should be one for every Hundred Lamb. Eiren. lib. 4. cap. 3. pag. 384. The Grand Iury consists ordinarily of Twenty four grave and substantial Gentlemen or some of them of the better sort of Yeomen chosen
Curia vel invariare Renovamus etiam confirmamus Privilegia antiquorum Regum atque ob reverentiam Dominae nostrae perpetuae Virginis Mariae Sanctique Benedicti Sanctarumque virginum omnibusque futuris ibidem Abbatibus in tota possèssione Monasterii Sacham Socham Theloneumque suum in terra in aqua concedo Consuetudines ut ab omnibus apertius plenius intelligantur Anglice scriptas scilicet Mundbriche Feardwite Firwite Blodewite Mistzeninge Frithsoke Hamsockne Forstall Forphange Theifphange Hangwite Frithbriche Utlepe Infongenthefe Supbriche Tol Tem aliassque omnes leges Consuetudines quae ad me pertinent tam plene tam libere sicut eas in manu mea habebam Confirm Fundationis Monast de Ramsey per S. Edw. Conf. Mon. Angl. 1 par fo 237. Miskering Hoc est quietus pro querelis coram quibuscunque in transumptione probata MS. LL. Rob. Cot. pa. 262. See Mishering Misnomer compounded of the Fr. Mes which in composition alwayes signifies amisse and nomer i. nominare the using one name for another a mis-terming or mis-naming Misprision Fr. Mespris i. contempt or neglect Signifies a neglect negligence or oversight as Misprision of Treason or Felony is a neglect or light account made of Treason or Felony committed by not revealing it when we know of it Stam. pl. Cor. lib. 1. cap. 19. or by suffering any person committed for Treason or Felony or suspition of either to go before he be indited Misprision of Clerks Anno 8 Hen. 6. ca. 15. Is a neglect of Clerks in writing or keeping Records By misprision of Clerks no Process shall be adnulled or discontinued 14 Edw. 3. ca. 6. Stat. 1. For Misprision of Treason the offenders are to suffer imprisonment during the Kings pleasure lose their Goods and the Profits of their Lands during their lives Misprision of Felony is onely Finable by the Justices before whom the party is attainted Cromp. I. of Peace fo 40. Other faults may be accounted Misprisions of Treason or Felony because later Statutes have inflicted that punishment upon them whereof you have an example Anno 14 Eliz. ca. 3. of such as Coyn forrain Coyns not currant in this Realm and their Procurers Aiders and Abettors Misprision also signifies a mistaking Anno 14 Ed. 3. Stat. 1. ca. 6. v. 3 Inst fo 36 and 139. Mis-trial A false or erroneous Trial. Crokes Rep. 3 Part. fo 284. Delves Case Mis-user Is an abuse of liberty or benefit As He shall make Fine for his Misuser Old Nat. Br. fo 149. Mitta Sax. Mensura decem modiorum MS. In Wich salina redd 30 mittas salis Domesday tit Wirec scire Ego Wulfrun uxor Anketelli Singulis annis vitae meae ad Festum S. Benedicti quod est in aestate decem mittas de brasio quinque de gruto quinque mittas farinae triticiae 8 pernas 16 caseos duas vaccas pingues de terra mea Hicheling pro respectu annuo eidem Ecclesiae Ramesiensi procurari decerno Lib. Rames Sect. 38. Praeterea concessi eis septem Mittas Salis quolibet anno percipiendas apud Wiz Mon. Angl. 2 Par. so 262. b. Mittendo manuscriptum pedis Finis Is a Writ Judicial directed to the Treasurer and Chamberlains of the Exchequer to search and transmit the foot of a Fine acknowledged before Justices in Eyre into the common-Common-Pleas c. Reg. of Writs fo 14. Mittimus Is a Writ by which Records are transmitted from one Court to another as appears by the Stat. of 5 Rich. 2. ca. 15. as out of the Kings Bench into the Exhhequer And sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 Hen. 8. Dyer fo 29. and 29 Hen. 8. Dyer fo 32. Mittimus also signifies the Precept that is directed by a Justice of Peace to a Jaylor for the receiving and safe keeping a Felon or other Offender committed by the said Justice See Table of Reg. of Writs for other uses and applications of this Word Mixt tithes decimae mixtae Are those of Cheese Milk c. and of the young of beasts See Cokes 2 Part Inst fo 649. and see Tithe Mockadoes Anno 23 Eliz. ca. 9. A kind of Stuff made in England and elsewhere Moderata misericordia Is a Writ that lies for him who is amerâ—â—d in a Court-Baron or other Court not of Record for any transgression or offence beyond the quality of the fault It is directed to the Lord of the Court or his Bailiff commanding them to take a moderate Amerciament of the party and is founded upon Magna Charta ca. 14. Quod nullus liber homo amercietur nisi secundum qualitatem delicti c. The rest touching this Writ see in Fitz. Nat. Br. fo 75. See Misericordia Modo forma Are words of art in pleadings namely in the Answer of the Defendant whereby he denies to have done the thing laid to his charge modo forma declarata Kitchin fo 232. The Civilians in like case say Negat allegata prout allegantur esse vera Where modo forma are of the substance of the Issue and where but words of course see Coke on Litt. fo 281. b. Modus decimandi Is either when Land or a yearly Pension summ of Money or other profit belong to the Parson Viccar c. by composition or Custom in satisfaction of Tithes in kind MS. penes Auth. See 2 Inst fo 490. Molendinum bladonicum A Corn-mill for which in ancient Charters we also find Molendinum bladum molendinum de blado So a Fulling-mill is thus variously Latin'd in Re-Records Molendinum fullonicum Mol. fullanicum Mol. Fullere Mol. Fullarium Mol de Fulelez A Windmill Molendinum ad ventum venti Molendinum ventriticum ventricium A Water-mill Molendinum aquaticum aquatilium A Horse-mill Molendinum Equitium A Grinding or Griest-Mill Molendinum molare Ex Cartis Record in Mon. Angl. Molman Prior. Lewens pa. 21. omnis Lanceta omnis Toftman omnis Molman qui non sedet super Ogeland debent spergere unam reiam de fiens c. i. Unam strigam vel tractum stercoris a rew of muck Molasses Anno 12 Car. 2. ca. 25. Is the refuse Sirrop in the boiling of Sugar with which by the said Statute Wine is prohibited to be mingled or adulterated Monetagium Jus artificium cudendi monetas Moniers or Moneyors Monetarii Ministers of the Mint which make Coin and deliver out the Kings Moneys Anno 25 Edw. 3. ca. 20. Reg. of Writs fo 262. It appears that in ancient time our Kings of England had Mints in most of the Counties of this Realm and in the Tractate of the Exchequer written by Ockham we find that whereas Sheriffs ordinarily were ty'd to pay into the Exchequer the Kings Sterling-Money for such Debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
and purify'd as in Cornwal and elsewere Of which read Cam. Brit. pa. 119. The liberties of the Stannarymen granted by Edward the First before they were abridg'd by the Statute of 50 Edward the Third See in Plowden casu Mines so 327. and Cokes 12 Rep. fo 9. And the liberties of the Stannary-Courts see Anno 17 Car. 1. ca. 15. Staple Stapulum Signifies this or that Town or City whether the Merchants of England were by Act of Parliament to carry their Wool Cloth Lead Tyn and such like Staple Commodities of this Land for the utterance of them by the great The word comes from the Fr. Fstape i. Forum vinarium a Market or Staple for Wines which is the principal Commodity of France And in an old French Book thus A Calais y avoite Estape de la laine c i. The Staple for Wool You may read of many places appointed for this Staple in our Statutes according as the King thought fit to alter them from 2 Ed. 3. ca. 9. to 5 Ed. 6. ca. 7 What Officers the Staples had belonging to them you may see Anno 27 Ed. 3. Stat. 2. ca. 21. The Staple Commodities of this Realm are Wool Leather Woolfelâ— Lead Tin Butter Cheese Cloth c. as appeas by the Stat. 14 Ric. 2. ca. 1. though some allow onely the five first See 4 Inst fo 238. Star-chamber Camera stellata Otherwise called Chamber des Estoiels Was a Chamber at Westminster so called because at first all the roof thereof was decked with Images of gilded Stars Anno 25 Hen. 8. ca. 1. It is written the Sterred Chamber Henry the Seventh and Henry the Eighth ordained by two several Statutes viz. 3 Hen. 7. ca. 1. and 21 Hen. 8. ca. 2. That the Chancelor assisted by others there named should have power to hear complaints against Retainors Embraceors Misdemeanors of Officers and such other offences which through the power and countenance of such as did commit them did lift up the head above other faults and for which inferior Judges were not so meet to give correction and the Common-Law had not sufficiently provided And because that place was before dedicated to the like service it was still used accordingly See Camden pa. 112 113. But by the Stat. 17 Car. 1. ca. 10. the Court commonly called the Star-Chamber and all Jurisdiction Power and Authority thereto belonging c. are from and after 1 August 1641 clearly and absolutely dissolved and determined Starling See Sterling Statute Statutum Has divers significations First it signifies an Act of Parliament made by the King and his three Estates of the Realm in which sence it is either general or special Coke lib. 4. Hollands Case Secondly Statute is a short Writing called a Statute-Merchant or Statute-Staple which are in the nature of Bonds Anno 5 Hen. 4. ca. 12. and are called Statutes because made according to the form expresly provided in certain Statutes which direct both before what persons and in what manner they ought to be made West par 1. Symbol lib. 2. Sect. 151. defines a Statute-Merchant to be a Bond acknowledged before one of the Clerks of the Statutes-Merchant and Mayor of the Staple or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor chief Warden or Mayor of other Cities or good Towns or other sufficient Men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two peices the greater is kept by the said Mayor c. and the less by the said Clerk The form of which Bond Fleta lib. 2. ca. 64. Sect. 2. thus delivers Noverint universi me N. de tali Comitatu teneri M. in Centum Marcis solvendis eidem M. ad Festum Pent. Anno Regni Regis c. Et nisi fecero concedo quod currant super me haeredes meos districtio pena provisa in Statuto Domini Regis edito apud Westm Datum London tali die The Fee for the Seal is for Statutes acknowledged in Fairs for every pound a half penny and out of Fairs a farthing The execution upon Statute-Merchant is first to take the Body of the Debtor if he be lay and can be found if not his Lands and Goods and is founded on the Statute 13 Ed. 1. Stat. 4. See New Book of Entries verbo Statute-Merchant Statute-Staple is either properly so called or improperly Properly is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple The Fee for the Seal is of every pound if the same exceed not 100 l. a half-penny and if it exceed 100 l. a farthing By vertue of which Statute the Creditor may forthwith have execution of the Body Lands and Goods of the Debtor and this is founded on the Statute 23 Ed. 3. ca. 9. A Statute-Staple improper is a Bond of Record founded upon the Statute 23 Hen. 8. ca. 6. of the nature of a proper Statute-Staple as to the force and execution of it and acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple and Recorder of London The forms of all which Bonds or Statutes see in Westm Part 1. Symbol lib. 2. Sect. 152 154 c. Statutes Is also used in our vulgar Discourse for the petite Sessions which are yearly kept for the disposing of servants in service by the Statute 5 Eliz. ca. 4. See Recognizance Statute-Sessions Otherwise called Petty-Sessions are a meeting in every Hundred of all the Shires in England where by custom they have been used whereunto the Constables do repair and others both Housholders and Servants for the debating of differences between Masters and their Servants the rating of Servants Wages and the bestowing such People in service as being fit to serve either refuse to seek or cannot get Masters Anno 1 Eliz. ca. 4. Statuto Stapulae Is a Writ that lies to take his Body to Prison and to seise upon his Lands and Goods who hath forfeited the Bond called Statute-Staple Reg. of Writs fo 151. Statutum de laboraiis Is a Writ Judicial for the apprehending such Labourers as refuse to work according to the Statute Reg. Judic fo 27. b. Statutum mercatorium Is a Writ for the Imprisoning him that has forfeited a Bond called Statute-Merchant untill the Debt be satisfied Reg. of Writs fo 146. b. and of these there is one against Lay-persons another against Ecclesiastical Stemnifreoch Nec non libertate multurae suae in molendixo ipsius Roberti c. quod sint Stemnefreoch Cholfreoch Mon. Angl. 2 Par. fo 293. b. quaere Stennerie Is used for the same with Stanneries in the Statute 4 Hen. 8. ca. 8. See Stanneries Sterbrech alias Strebrech Is the breaking obstruction or diminution of a way or the turning it out of its right course from the old English word Stre i. Via and Brech fractio
pascuis sayes Spel. So in an ancient Charter of Garradon-Abby in Leicestershire Dat. 14 Ed. 3. There is mention of the wicket-wong which is a large piece of enclosed ground lying before the Abby-gate still reteiniug the name See VVang Woodgeld VVoodgeldum Seems to be the gathering or cutting wood within the Forest or Money paid for the same to the Foresters And the immunity from this by the Kings Grant is by Crompton called Woodgeld fo 157. Coke on Litt. fo 233. a. sayes it signifies to be free from payment of money for taking of VVood in any Forest Woodmen Are those in the Forest who have charge especially to look to the Kings woods Crom. Jur. fo◠146. Woodmote Court Is the Court of Attachment of the Forest Manw. Par 1. pa. 95. See Attachment UUood-plea Court Is a Court held twice a year in the Forest of Clun in Com. Salop for determining all matters of wood and agistment there and was anciently perhaps the same with VVoodmote Court UUoodward VVoodwardus Is an Officer of the Forest whose Function you may understand by his Oath set down in Crom. Jur. fo 141. YOu shall truely execute the Office of a VVoodward of B. woods within the Forest of VV. so long as you shall be Woodward there you shall not conceal any offence either in Vert or Venison that shall be committed or done within your charge but you shall truely present the same without any favour affection or reward And if you see or know any Malefactors or find any Deer killed or hurt you shall forthwith do the Verderor to understand thereof and you shall present the same at the next Court of the Forest be it Swainmote or Court of Attachments So help you God VVoodwards may not walk with Bow and Shafts but with Forest Bills Manwood par 1. pa. 189. Arcum calamos gestare in Foresta non licet sed ut rescripti utar verbo Hachettum tantummodo Sic Term. Hill Anno 13 Ed. 3. Ebor. rot 106. Wool-drivers Anno 2 3 Ph. Ma. ca. 13. Are those that buy Wool abroad in the Country of Sheepmasters and carry it on horseback to the Clothiers or to Market-Towns to sell again Woolstaple Anno 51 Hen. 3. Stat. 5. That City or Town where wooll was sold See Staple Wool-winders Are such as wind up every Fleece of wooll that is to be packed and sold by weight into a kind of bundle after it is cleansed in such manner as it ought to be by Statute and to avoid such deceit as the owners were wont to use by thrusting in locks of refuse wool and other dross to gain weight they are Sworn to perform that office truly between the owner and the buyer See the Statute 8 H. 6. ca. 22. 23 Hen. 8. ca. 17. and 18 Eliz. ca. 25. Wranglands Seen to be misgrown Trees that will never prove timber Kitchin fo 160 〈◊〉 Wreck Wreccum maris Sax. ƿraec i. Detortum abdicatum Is where a ship is perish'd on the Sea and no man escapes alive out of it if any part of the Ship or any of the Goods that were in it are brought to Land by the Waves they belong to the King by His Prerogative or to such other person to whom the King has granted Wreck But if a man a Dog or a Cat escape alive so that the owner come within a year and a day and prove the Goods to be his he shall have them again by provision of the Statute of VVestm 1. ca. 4. 17 Ed. 2. ca. 11. See Coke Vol. 6. fo 106. a. Bracton lib. 2. ca. 5. num 7. Edouardus Conf. Ringsted cum libertate adjacente omni maris ejectu quod Wrec dicitur Ecclesiae Ramesiensi largitus est Lib. Ramesien Sect. 95. By which and other Antiquities it appears that VVrec did not onely comprehend Goods that came from a perishing Ship but whatever else the Sea did cast upon the Land were it precious Stones Fishes or the like For in the Statuto Praerog Regis ca. 11. we read Rex habebit Wreckum maris per totum regnum Balenas Sturgiones captas in mari vel alibi infra regnum exceptis quibusdam privilegiatis locis per Regem See Rot. Cart. 20. Hen. 3. m. 3. Rot. Cart. 4 Hen. 3. m. 6. Pat. 40. H. 3. in Dorso m. 1. This in the Grand Customary of Normandy ca. 17. Is called Uarech and Latined Veriscum and in some of our ancient Charters it is written Seupwerp quasi Sea-up-werp i. Ejectus maris from Up-werpen ejicere In the Statute 27 Hen. 8. ca. 26. it is called VVreke de mer. See 2 Inst fo 167. Writ Breve Is the Kings precept whereby any thing is commanded to be done touching a Sute or Action as the Defendant or Tenant to be summoned a Distress to be taken a Disscisin to be redressed c. And these VVrits are variously divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original VVrits are those which are sent out of the high Court of Cnancery for summoning the Defendant in a personal or Tenant in a real Action before the Sute begins or to begin the Sute thereby Those are Judicial which are sent out by order of the Court where the Cause depends upon emergent occasion after the Sute begun Old Nat. Br. fo 51 147. And judicial are thus known from Original because their Teste bears the name of the Chief Justice of that Court whence it comes whereas the Original saith Teste meipso in the name or relating to the King and according to the nature of the Action they are personal or real real are either touching the possession called VVrits of Entry or the property called VVrits of Right Some VVrits are at the Sute of the Party some of Office Some ordinary some of priviledge A VVrit of Priviledge is that which a privileg d person brings to the Court for his exemption by reason of some priviledge See Procedendo and New Book of Entries verbo Priviledge See Brief Writ of Rebellion See Commission of Rebellion Writ of Assistance issues out of the Exchequer to authorise any person to take a Constable or other publick Officer to seize Goods or Merchandise prohibited and uncostomed c. Stat. 14 Car. 2. ca. 11. Writer of the Tallies Scriptor Talliarum Is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writes upon the Tallies the whole Letters of the Tellers Bills Wudhepec See Pudhepeck Wulvesheved Contractius Wulveshead Sax. ƿlfe lupus heofod caput i. Caputlupinum Was the condition of those who were outlaw'd for Criminal matters in the Saxons time or not yielding themselves to Justice For if they could have been taken alive they must have been brought to the King and i. they for fear of being apprehended did defend themselves they might be slain and their heads brought to the King For their head was no more to
Shepley c. Adam Gurdon alii in misericordia Pasch 4 Ed. 1. Rot. 7. Sussex Forprise Forprisum from the Fr. For i. Extra Prise captio An exception or reservation In which sense it is used in the Stat. of Exon 14 Edw. 1. but there written Horseprise We still use it in Conveyances and Leases wherein Excepted and Forprised is an usual expression C'est Indenture fet entre Monsieur John Blount Chevalier le Eysne dune part Dame Johan Fouleshurst d autre parte Tesmoigne que mesme les partes sont issint assentuz accordez assurez que John Blount filts heir a dict Monsieur John deuy espousera prendera a femme Isabel la file de dite Dame du si briefe dewe temps que la dite Dame a ces properes custages voidera ordeigner feire issint que le dit Dame paye a dit Monsieur John xx Markes a temps de l'espousels xl Liures a certeyne de pay compris en un Obligation le quelle le Dite Dame a fait a dit Monsieur John c. Pour quel payment le dit Monsieur John enfeoffera ou fera enfeoffer les susdits John son fits la dite Isabel de son Manner jouste Utteskesather appelle Blounts place ensemblement ove toutes autres terres tenements rentes services c. Forprise le Parke c. appelle Blounts Parke c. A avoir tener a dit John son fits Isabel les heyres que mesmes cely John des Corps de mesme cely Isabel engendera c. Donnee south les seales c. le jour de St. Luke L' an de R. le Roy Henry 4 disme Penes Wal. Kirkham-Blount Baronet Forrein Used for Forreiner Anno 34 35 Hen. 8. ca. 18. See Forein Forschoke Derelictum Signifies originally as much as forsaken in our modern language It is specially used in one of our Statutes for Land or Tenements seised by the Lord for want of Services due from the Tenant and so quietly held and possessed beyond the year and day As if we should say that the Tenant who seeing his Land or Tenements taken into the Lords hand and possessed so long takes not the course appointed by Law to recover them does in due presumption of Law disavow or forsake all the right he has to them And then such Lands shall be called Forschoke sayes the Stat. 10 Edw. 2. ca. unico Forses Catadupae Water falls Cam. Brit. tit Westmorland Forstal Forestallamentum Is to be quit of Amerciaments and Cattel arrested within your Land and the Amerciaments thereof coming sayes the Termes of the Law But the Learned Spelman sayes 't is Viae obstructio vel itineris interceptio with whom agrees Coke on Litt. fol. 161. b. In Domesday 't is written Foristel Dedique eis Forstallum quod est ante portum ipsorum liberum atque quietum terram quae jacet ex utraque parte ejusdem Forstalli c. Mon. Angl. 2 Part. fol. 112. 60. Forstalling Viarum obstructio a Sax. far i. Via stel Signifies the buying or bargaining for any Corn Cattel or other Merchandise by the way before it comes to any Market or Fair to be sold or by the way as it comes from beyond the Seas or otherwise toward any City Port Haven or Creek of this Realm to the intent to sell the same again at a more high and dear price 51 H. 3. Stat. 6. West Part. 2. Symbol tit Inditements Sect. 64. Forstaller in Cromptons Jurisd fol. 153. Is used for stopping a Deer broken out of the Forest from returning home again or laying between him and the Forest in the way he is to return Fleta says Significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. ca. 47. See Regrators Engrossers Who shall be adjudged a Forstaller see in 5 6 Edw. 6. ca. 14. Forstal est si aliquis portaverit Halec vel hujusmodi res ad forum statim alius venerit emerit ab ipso illas res ut carius vendat Prior habebit emendas ab ipso Ex Reg. Priorat de Cokesford See 3 Part. Inst fol. 195. Fortility Fortalitium vel Forteletum Within the Towns and Fortilities of Berwick and Carlile Anno 11 Hen. 7. ca. 18. Signifies a fortify'd place a Bulwark Castle or Fortlet Fortlet Fr. A place of some strength a little Fort. Old Nat. Br. fol. 45. Fossa et Furca See Furca Fossatum Lat. A Ditch or a place fenced with a Ditch or Trench Ex dono Hen. Regis avi nostri unum Fossatum tam largum quod naves possint ire redire a flumine de Withonia usque ad Tupholme Carta 20 Hen. 3. m. 9. where it seems to signifie a cut River Fosse-way from Fossus digged Was anciently one of the four grand High-wayes of England so called because 't is conceav'd to be digg'd or made passable by the ancient Romans or Ditch'd at least on one side but now several inferior High-wayes are so called See Watlingstreet Foster-land Sax. Land-given assigned or allotted to the finding of Food or Victuals as in Monasteries for the Monks Fother or Fodder Sax. Is a Weight of Lead containing Eight Pigs and every Pig One and twenty Stone and a half which is about a Tun or a common Wain or Cart Load Speight in his Annotations upon Chaucer I finde also in the Book of Rates mention of a Fodder of Lead which according to Skene is about Sixscore and eight Stone Founder from fundere to pour Is he that melts Metal and makes any thing of it by pouring or casting it into a Mold Anno 17 Rich. 2. cap. 1. Fourcher Fr. fourchir i. Titubare lingua Signifies a putting off prolonging or delay of an Action And it appears no unpleasant Metaphor for as by stammering we draw out our speech not delivering that we have to say in ordinary time so by fourching we prolong a snte that might be ended in a shorter space In Westm 1. cap. 42. you have these words Coparceners and Joyntenants shall no more fourch but onely shall habe one Essoyn c. And Anno 6 Edw. 1. cap. 10. it is used in the same sence The Defendants shall be put to answer without fourching c. Anno 23 Hen. 6. cap. 2 See 2 Part. Inst fol. 250. Foutgeld or Footgeld Compounded of two German words fous i. pes and gyldan i. solvere q. pedis redemptio Signifies an Amercement for not cutting out the Balls of great Dogs Feet in the Forest See Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forest unlawed without punishment or control Cromptons Jurisd fol. 197. Manwood part 1. pag. 86. This priviledge was allowed in Assis Forest de Pickring 10 Edw. 3. Fowles of Warren See Warren Frampole Fences Are such Fences as any Tenant in the Mannor of Writtel in Essex hath against the Lords Demeans whereby he hath the Wood growing