see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull that the place of the battery should be set down as material in the Declaration or if it be set down that the Defendant should traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
Prison at that time or otherwise at their will So that he which is so bayled shall not be said by the Law to be at large or at his own liberty see Lamberts Eirenal l. 3. cap. 2. pag. 330. Bayl is also a certain limit within the Forest accordingly as the forest is divided into the charges of several foresters Crompton in the Oath of the Bow-bearer fol. 201. See Maynprise Bayliff ballivus commeth of the French bailif i. diacetes nomarcha praefectus provinciae and as the name so the office it self in antient time was very answerable to that of France and Normandy for as in France there be sixteen Parliaments Lupanus de magistratibus Francorum lib. 2. cap. Parlamentum which be high Courts whence lieth no appeal and within the precincts of those several parts of that kingdom that belong to each Parlament there be severall provinces unto which within themselves Justice is ministred by certain officers called Bayliffs So in England we see many severall Counties or Shires within the which Justice hath been ministred to the inhabitants of each Countie by the officer whom we now call Sheriff or Vicount one name descending from the Saxons the other from the Normans And though I cannot expressely prove that this Sheriff was ever called a Bayliff yet it is probable that that was one of his names likewise because the County is called many times Balliva that is a Bavliwick as namely in the return of a writ with Non est inventus he writeth thus A. S. infra scriptus non est inventus in Balliva mea post receptionem hujus brevis Kitchin returna brevium fo 285. And again in Bracton lib. 3. tract 2. cap. 33. num 3. And anno 5 Eliz. cap. 23. and anno 14 Edw. 3. stat 1. cap 6. And I think the word Bayliff used ca. 28 of Magna charta compriseth as well Sheriffs as Bayliffs of Hundreds as also anno 14 Edw. 3. stat 1. ca. 9. But as the Realm is divided into Counties so every County is again divided into hundreds within the which it is manifest that in antient time the Kings subjects had justice ministred unto them by the severall Officers of every Hundred which were called Bayliffs as those officets were and are in France and Normandie being chief officers of justice within every Province Lupanus de Magistratibus Francorum lib. 2. cap. Baltvi and the Grand Custumary of Normandie cap. 1. And that this is true among many others I bring Bracton for my witness lib. 3. tract 2. cap. 34. un 5. where it appeareth that Bayliffs of Hundreds might hold plee of Appeal and Approvers But sithence that time these Hundred Courts certain Franchises excepted are by the Statute anno 14 Ed. 3. stat 1. cap. 9. swallowed into the County Courts as you may read in County and Hundred And the Bayliffs name and Office is grown into such contempt at the least these Bailiffs of Hundreds that they are now but bare Messengers and Mandataries within their liberties to serve Writs and such base offices their office consisting in three points only which see in Cromptons Justice of Peace fol. 49. a. Yet is the name still in good esteem some other way For the chief Magistrates in divers Towns Corporate be called Bailiffs as in Ipswich Yarmouth Colchester and such like And again there be certain to whom the Kings Castles be Cōmitted which called are Bailiffs as the Bailiff of Dover Castle These ordinary Bailiffs are of two sorts Bailiffs Errant Bailiffs of Franchises Bailiffs Errant Ballivi itinerantes be those which the Sheriff maketh and appointeth to go hither thither in the County to serve writs to summon the County Sessions Assises such like Bailiffs of Franchises Ballivi Franchesiarū aut libertatū be those that are appointed by every Lord within his liberty to do such offices within his Precincts as the Bailiff Errant doth at large in the County Of these read S. Thomas Smith de re Anglo lib. 2. c. 16. There be also Bailiffs of the Forest Manwood par 1. pa. 113. There be likewise Bayliffs of Husbandry belonging to private men of great Substance who seem to be so called because they dispose of the under Servants every man to his labour and task check them for misdoing their businesse gather the profits to their Lord and Master and deliver an account for the same at the years end or otherwise as it shall bee called for The word Bayliff or Ballivus is by Rebuffus derived from Baal i. dominus quia Ballivi dominantur suis subditis quasi eorum magistri domini Rebuf in constit regias de senten excutionis art 7. glos 1. The office or duty of a Bailiff of a mannor or Houshold which in antient time seemeth to have been all one Fleta well describeth li. 2. ca. 72. 73. This word is also used in the Canon Law ca. dilecto de sentent excom in sexto c. 1. de paenis in Clement where the Glossographer saith it is a French word signifying as much as praepositus and Balia or Bativatus is used among our later interpreters of the Civil and Canon law for Provincia as Balliva here in England is used for a County or Shire Balkers See Conders Ballivo amovendo is a writ to remove a Bailiff out of his office for want of sufficient living within his Bayliwick Reg. or fo 78. Bane seemeth to signifie the destruction or overthrow of any thing Bract. l. 2. tract 8. ca. 1. nu 1. as he which is the cause of another mans drowning is said there to be Labane i. Malefactor In that Bracton in the place aforesaid prefixeth a French article to this word it should seem by his opinion that the word is French but I find it not in any French writer that ever I read Baneret banerettus in M. Skenes opinion seemeth to be compounded of baner and rent whom read more at large of this verbo Baneret de verbo sign But our M. Camden rather draweth the word from the German Bannerheires Britan. pag. 109. in meo libro S. Thomas Smith de republ Angl. li. c. 18. saith That Baneret is a Knight made in the field with the ceremony of cutting off the point of his Standard and making it as it were a Banner and they being being Ba chelors are now of greater degree allowed to display their armes in a banner in the Kings army as Barons doe M. Camden ubi supra hath these words of this matter Baneretti cum vasullorum nomen jam desierat à baronibus secundi erant quibus inditum nomen à vexillo Concessum illis erat miliaris virtutis ergo quadrato vexillo perinde ac barones uti unde equites vexillarii à nonulllis vocantur c. Of creating a Knight baneret you may read farther in M. Segar Norrey his book lib. 2. c. 10. That they be next to Barons in dignity it appeareth by the Statute anno 14 R.
restraint For the Law holdeth this not good but rather supposeth it to be constrained Broke in his Abridgement joyneth Dures and Manasse together i. duritiam minas hardness and threatning See the new Book of Entries verbo Dures And the New Terms of Law EA EAldermans Aldermannus among the Saxons was as much as Earl among the Danes Cambden Britan. pag. 107. If ye go to the true etymologie of the word me thinkoth it should sound more generally so much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Graecians or Senator with the Romans who were rather Counsellors at large than bestowed upon any particular office as Comites were See Coun. ie And that signification we retain at this day almost in all our Cities and Boroughs calling those Aldermen that are Associates to the Chief Officer in the common Councel of the Town anno 24 H. 8. cap. 13. or sometime the chief Officer himself as in Stawnford Earl Comes in M. Cambdens opinion pag. 107. is a word made by the Danes of Ealderman a word of the Saxons M. Lamberd seemeth notwithstanding to acknowledge that Earl is originally a Saxon word Explica of Saxon words verbo Paganus and interpreteth it Satrapam which word the Romans borrowing of the Persians applyed to those that were praefecti provinciarum M. Verstegan in his restitution of decayed Intelligence deriveth it from two Netherland words ear i. honor and ethel i. nobilis wherein I leave the Reader to his own iudgement This title in ancient time was given to those that were Associates to the King in his Counsels and Marshal actions as Comes was to those that followed the Magistrates in Rome and executed their offices for them as their Deputies and died alwayes with the man Zasius hath of this word thus much Comitum originem in Doctoribus non invenimus sed noveris eam dignitatem vetustissimam esse Nam Cor. Tacitus in libello de Germania scribit apud priscos usu fuisse receptum ut cuilibet Principi seu Duci exercitus duodecim comites assignarentur ideo dictos quia comitarentur eos à Ducum latere non decederent Comitatum it aque originem Germanis moribus or tum esse dictus receptissimus autor testis est Quapropter quod in duodecimo libro codicis aliqui tituli de Comitibus largitionum c. inscribuntur usurpationem Imperatoris ex Germanorum ritibus sumptum credo But the Conqueror as M. Cambden saith gave this dignity in Fee to his Nobles annexing it to this or that County or Province and allotted them for their maintenance a certain proportion of money rising from the Princes profits for the pleadings and forfeitures of the Province For example he bringeth an ancient Record in these words Henricus 2. Rex Angliae his verbis Comitem creavit Sciatis nos fecisse Hugonet Bigot Comitem de Nortfolk sc de tertio denario de Norwic. Nortfolk sicut aliquis Comes Angliae libertus comâ—tatum suum tenet Which words saith the same Author an old book of Battel Abbey thus expoundeth Consuetudinaliter per totam Angliam mos antiquitùs inoleverat Comites provinciarum tertium denarium sibi obtinere inde Comites dicti And another book without name more fully Comitatus à Comite dicituâ— aut vice versa Comes autem est quia tertiam portionem corum quae de placitis proveniunt in quolibâ—t Comitatu percipitâ— Sed non omnes Comites ista percipiunt sed bit quibus Rex baereditariò aut personaliter concessit You may read M. Fern in Lacy's nobility something to his effect pag. 12. But he saith that one Duke or Earl had divers Shires under his government as a Viceroy and had Lieurenants under him in every particular Shire called a Sheriff That one Earl was dignified by the appellation of more than one Sheriff it appeareth by divers of our ancient Statutes as namely by the sentence of Excommunication pronounced by the Bishops against the infringers of the great Charter and Charter of the Forest anno 38 H. 3. Roger Bigot is named Earl both of Northfolk and Southfolk and anno 1 Ed. 3. Thomas Earl of Lancaster and Leycester Humfrey Bohun Earl of Hereford and Essex Dyer fol. 285. num 39. At these dayes as long since the Kings of England make Eearls by their Charters of this or that County giving them no authority over the County nor any part of the profit rising of it but onely some annual stipend out of the Exchequer rather for honours sake than any great commodity And these be in other Nations accounted Earles improperly Quià illi dicuntur verè Comites quibus datur Comitatus in feudum illi Comites abusivè qui non habent administrationem Vincentius de Franchis descis 115. num 7. The manner of creating Earles is by girding them with a Sword Camden pag. 107. but see the solemnity thereof described more at large in Stowes annals pag. 1121. The occasion why these Earles in latter times have had no sway over the County wherof they bear their name is not obscurely signified in Sir Tho. Smith l. 2. cap. 14. where he saith that the Sheriff is called Vicecomes as Vicarius Comiâ—is following all matters of Justice as the Earl should do and that because the Earl is most continually attendant upon the King in his wars or otherwise So that it seemeth that Earls by reason of their high employments being not able to follow also the businesse of the County were delivered of all that burthen and onely enjoyed the honour as now they do And the Sheriff though he be still called Vice-comes yet all he doth is immediatly under the King and not under the Earl See Countie and see Hotoman de verb. feudal verb. Comes and Cassan de consuetud Burg. pag. 12. Easement esamentum is a service that one Neighbour hath of another by Charter or prescription without profit as a way through his ground a sink or such like Kitchin fol. 105. which in the Civil law is called Servitus praedii EE Eele fares alias Eele Vare anno 25 H. 8. be the frie or brood of Eeles EG Egyptians Aegyptiani are in our Statutes and Laws of England a conterfeit kind of Rogues that being English or Welsh people accompany themselves together disguising themselves instrange robes blacking their faces and bodies and framing to themselves an unknown Language wander up and down and under pretence of telling of Fortunes curing diseases and such like abuse the ignorant common people by stealing all that is not too hot or too heavie for their carriage anno 1. 2 Philip. Mar. cap. 4. anno 5 Eli. cap. 20. These are very like to those whom the Italians call Cingari of whom Franciscus Leo in suo thesauro fori Ecclesiastici parte prim cap. 13. thus writeth Cingari qui corrupto vocabulo quandoque etiam Saraceni nominantur permissione principum ac aliorum dominorum per Italium vagantur nec unquam