Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	lord_n	privy_a	3,082	5	10.8865	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A19476	The interpreter: or Booke containing the signification of vvords wherein is set foorth the true meaning of all, or the most part of such words and termes, as are mentioned in the lawe vvriters, or statutes of this victorious and renowned kingdome, requiring any exposition or interpretation. ... Collected by Iohn Cowell ...	Cowell, John, 1554-1611.	1607 (1607)	STC 5900; ESTC S108959	487,900	584

reade Gerards Herball lib. 2. cap. 425. The fruite or eare of this for it bringeth forth an eare like Lauender is a drugge garbleable anno 1. Iacob cap. 19. Spoliation spoliatio is a writ that lyeth for an incumbent against another incumbent in case where the right of patronage commeth not in debate As if a Parson bee made a Bishop and hath dispensation to keepe his Rectorie and afterward the patron present another to the Church which is instituted and inducted The Bishop shall haue against this incumbent a writ of spoliation in Court Christian Fitz. nat br fol. 36. see Beneuolence Squalley anno 43. Elizab. cap. 10. Squyers See Esquires Stablestand is one of the foure Euidences or presumptians whereby a man is convinced to intend the stealing of the Kings Deere in the Forest Manwood parte 2 of his Forest lawes cap. 18. num 9. the other three be these Dogdrawe Backbeare Bloudie-hand And this stablestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoote at any Deere or with a long bowe or else standing close by a tree with Greyhounds in a lease ready to slippe Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. anno 17. eiusdem cap. 9. Stallage stallagium commeth of the French Estaller i. merces exponere expedire explicare It signifieth in our common law money payed for pitching of stalles in Faire or Market See Scavage This in Scotland is called stallange Skene de verbor signif verbo Stallangiatores And among the Romaines it was termed Siliquaticum à siliqua primo minimo omnium pondere apud illam nationem Stannaries stannaria commeth of the Latine stannum i. tynne signifying the Mines and workes touching the getting and purifying of this mettall in Cornewall and other places Of this read Camden Britan. pa. 119. The liberties of the stannarie men graunted by Ed. 1. before they were abridged by the statute anno 50. Ed. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that towne or citie whether the Merchants of England by common order or commandement did carie their wolles wol-fels cloathes lead and tinne and such like commodities of our land for the vtterance of them by the great The word may probably be interpreted two wayes one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamb. in his duties of Constables num 4. because the place is certaine and setled and againe from the French estape i. forum vinarium because to those places whether our English Merchants brought their commodities the French would also meete them with theirs which most of all consisteth in wines but I thinke this latter the truer because I finde in the Mirrour of the world written in French these words A Calais 〈◊〉 auoit Estape de le laine c. Which is as much to say as the staple for wols c. You may read of many places appointed for this staple in the statutes of the land according as the Prince by his Councell thought good to alter them from the second yeare of Ed 3. cap. 9. to the fifth of Edw the sixth cap 7. what officers the staples had belonging to them you may see anno 27. Ed. 3. stat 2. ca. 21. Starre chamber Camera stellata is a Chamber at Westminster so called as Sir Tho. Smith coniectureth lib. 2. cap. 4. either because it is full of windowes or because at the first all the roofe thereof was decked with Images of guilded starres And the later reason I take to be the trewer because anno 25. H. 8. ca. 1. It is written the Sterred Chamber In this Chamber euery weeke twice during the terme and the very next day after terme is there a Court held by the Lord Chaunceler or Keeper and other honourable personages of the Realme This Court seemeth to haue taken beginning from the statute anno 3. H 7. ca. pri Whereby it is ordained that the Lord Chaunceler and Treasurer of England for the time being and the Keeper of the Kings priuy seale or two of them calling to them a Bishop and a temporall Lord of the Kings most honourable Councell and the two cheife Iustices of the Kings Bench and common place for the time being or other two Iustices in their absence should haue power to call before them and punish such misdoers as there be mentioned The faults that they punish be Routes Riots Forgeries Maintenances Embraceries Periurics and such other Misdemeanures as are not sufficiently prouided for by the common law It appeareth both by Sir Tho Smith lib. 2. de Rep Anglo cap. 4. and by experience also that at this day the whole number of the Princes most honourable priuy Councell and such other Barons spirituall or temporall as be called thither by the Prince haue place in this Court with those aboue named Of this Court thus speaketh M. Gwin in the preface to his readings It appeareth in our bookes of the termes of K. Edward 4. And of the report of cases hapning vnder the vsurpation of Richard the third that sometime the King and his Councell and sometime the Lord Chaunceler and other great personages did vse to sit iudicially in the place then and yet called the Starre Chamber But for as much as be like that assembly was not ordinary therefore the next Kings Henry the seuenth and his some H. 8. tooke order by two seuerall lawes viz. 3. H. 7. ca. pri 21. H. 8. ca. 2. That the Chaunceler assisted with others there named should haue power to heare complaints against Retainours Embraceours misdemenures of officers and such other offences which through the power and countenance of such as do commit them do lift vp the head aboue other faults and for the which inferiour Iudges are not so meete to giue correction And because that place was before dedicated to the like seruice it hath bene euer since also accordingly vsed Touching the officers belonging to this Court see Camden pag. 112. 113. Statute statutum hath diuers significations in our common lawe First it signifieth a Decree or act of Parlament made by the Prince and three estates which is the bodie of the whole Realme And though it borow the name from that kind of Decree which those cities that were vnder the Romaine Empire made for the particular gouernment of themselues ouer and aboue the vniuersall or common lawe of the Empire yet in nature it commeth nearest to that which the Romaines called legem for that as that was made by the whole people noble and ignoble so this is ordeined by those that represent the whole number both of prince and subiects one and other through the whole kingdome The difference neuerthelesse was this that Lex was offered to the consideration of the people by the Magistrate of the Senate or Consull but the bils or suggestions whence

kings house whose function is fragmenta diligenter colligere ea distribuere singulis diebus egenis agrotos leprosos incarceratos pauperesque viduas alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam alia ad eleemosynae largita recipere fideliter distribuere Debet etiam regem super eleemosynae largitione crebris summonitionibus stimulare praecipuè diebus Sanctorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel menestrallis sed and eleemosinae suae incrementum iubeat largiri Fleta lib. 2. cap. 2. Almoine eleemosina See Frank almoyne Almond amygdalum is well knowne to euery mans sight it is the kirnell of a nut or stone which the tree in Latine called amygdalus doth beare within a huske in maner of a wal nut of whose nature and diuersities you may reade Gerards Herball lib. 3. cap. 87. This is noted among merchandize that are to be garbled anno 1. Iaco. ca. 19. Alnegeor aliâs aulnegeor vlniger vel vlnator cometh from the French aulne an elle or elwand and signifieth an officer of the Kings who by himselfe or his deputie in places conuenient looketh to the assise of wollen cloth made through the land and to seals for that purpose ordained vnto them an 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for euery cloth so sealed in a fee or custome therunto belonging anno 17. R. 2. cap. 2. Reade of this more anno 27. Ed. 3 cap. 4. anno 17. R. 2. cap. 2. 5. anno 1. H. 4. cap. 13. anno 7. eiusdem cap. 10. anno 11 eiusd cap. 6. anno 13. eiusd cap. 4. anno 11. H. 6. cap. 9. anno 31. eiusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. eiusdem cap. 1. an 1. R. 3. cap. 8. Ambidexter is that iurour or embraceour that taketh of both parties for the giuing of his verdict He forfeiteth ten times so much as he taketh anno 38. Ed. 3. cap. 12. Cromptons iustice of peace fol. 156. b. Amendment emendatio commeth of the French amendement and signifieth in our common lawe a correction of an error committed in a processe and espyed before iudgment Terms of the lawe Broke titulo Amendement per totum But if the fault be found after iudgment giuen then is the party that wil redresse it driuen to his writ of errour Tearmes of the lawe Broke titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the King or other Lord in his court that is found to be in misericordia i. to haue offended and to stand at the mercie of the King or Lord. There seemeth to be a difference betweene amerciaments and fines Kitchin fol. 214. And I haue heard cōmon Lawyers say that fines as they are taken for punishments be punishments certaine which grow expresly from some statute and that amerciaments be such as be arbitrably imposed by affeerors This is in some sort confirmed by Kitchin fol. 78. in these words l'amerciamēt est affire per pares M. Manwood in his first part of Forest lawes pag. 166. seemeth to make another difference as if he would inferre an amerciamēt to be a more easie or more mercifull penaltie and a fine more sharpe and grieuous Take his wordes If the pledges for such a trespasse saith he do appeare by common summons but not the defendant himselfe then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himselfe do appeare and be ready in Court before the Lord Iustice in eyre to receiue his iudgment and to pay his fine But if such pledges do make default in that ease the pledges shall be amerced but not fined c. The author of the new tearmes of lawe saith that amerciament is most properly a penalty assessed by the peeres or equals of the partie amercied for an offence done for the which he putteth himselfe vpon the mercie of the Lord. Who also maketh mentiō of an amerciament royal and defineth it to be a pecuniarie punishment laid vpon a Sheriffe Coroner or such like Officer of the kings amercied by Iustices for his offence See Misericordia Amoveas manum Looke ouster le r●aiue An tour waste annus dies vastum Looke yeare day and waste Ancaling of tile anno 17. Ed. 4. ca 4. Annats Annates seemeth to be all one with first fruites anno 25. H. 8. ca. 20. looke First fruites The reason is because the rate of first fruites payed of spirituall liuings is after one yeares profite Of which Folydore Virgil de inuētione rerum lib. 8. cap. 2. saith thus Nullum inuentum m●iores Romano Pontifici cumulavit opes quàm annatum quas vocant vsus qui omnino multò antiquior est quàm recētiores quidam scriptores suspicantur Et annates more suo appellant primos fructus vnius anni sacerdatii vacantis aut danidiam eorum partem Sanè hoc vectigal iam pride cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet eum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re vt gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic vt Franciscus Zabarellus tradat post hac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse vt eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua nassa retinuit vt ne indidem exire possent lege caetera Anniented commeth of the French aneantir i. se abiicere atque prosternere It signifieth with ourlawyers as much as frustrated or brought to nothing Litlet●n lib. 3. cap. warrantie Annua pensione is a writte wherby the king hauing due vnto him an annuall pension from any Abbot or Prior for any of his Chaplaines whom he shal think good to name vnto him being as yet vnprouided of sufficient liuing doth demaund the same of the said Abbot or Prior for one whose name is comprised in the same writ vntill c. and also willeth him for his Chaplaines better assurance to giue him his leters patents for the same Register orig fol. 265. 307. Fitzh nat br fol. 231. where you may see the names of al the Abbeyes and Priories bound vnto this in respect of their foundatiō or creation as also the forme of the leters patents vsually graunted vpon this writ Annuitie annuus reditus signifieth a yearely rent to be paide for tearme of life or yeres or in fee and is also vsed for the writ that lyeth against a man for

his assistants in causes of iustice betweene the king and his subiects touching causes appertaining to the Exchequer The Lord chiefe Baron at this day is the chiefe Iudge of the court and in matter of lawe information and plea answereth the barre and giueth order for iudgment thereuppon He alone in the terme time doth sit vpon Nisi prius that come out of the Kings Remembrancers office or out of the office of the clerke of of the please which cannot be dispatched in the mornings for want of time He taketh recognisances for the Kings debts for appearances and obseruing of orders He taketh the presentation of all the officers in court vnder himselfe and of the Mayor of London and seeth the Kings Remembrancer to giue them their oathes He taketh the declaration of certaine receiuers accompts of the lands of the late augmentation made before him by the Auditors of the shires He giueth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chiefe baron answereth the barre in matters aforesaid he also taketh recognisances for the kings debts apparences and obseruing of orders He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office He taketh a declaration of certaine receyuers accompts He also examineth the letters and summes of such Shyreeues foraine accompts as also the accompts of Escheatours and Collectours of Subsidies and Fifteens as are brought vnto him by the auditors of the Court. The third Baron in the absēce of the other two answereth the barre in matters aforesaide he also taketh recognisances as aforesaide He giueth yerely the oath of the late Mayor and gawger of London for his true accōpting He also taketh a declaration of certaine receiuers accompts and examineth the leters and sūmes of such of the former accountants as are brought vnto him The fourth barons is alwaies a coursetour of the court and hath bene chosen of some one of the clerks in the remembrancers offices or of the clerke of the pipes office He at the daies of prefixion taketh oth of al high shyreeus and their vndershyreeues and of all escheatours baylifs and other accountāts for their true accounting He taketh the oath of al collectours controllers surueyours and serchers of the custome houses that they haue made true entrances in their bookes He apposeth all shyreeues vyon their sūmons of the pipe in open court He informeth the rest of the Barons of the course of the court in any mater that concerneth the kings prerogatiue He likewise as the other Barons taketh the declaration of certaine receiuers accompts and examineth the leters and summes of such of the former accountants as are brought vnto him These barons of the exchequer areauncient officers for I finde them named westm 2. ca. 11. anno 13. Ed. 1. and they be called barons because barons of the realme were wont to be employed in that office Fleta li. 2. ca. 24. S. Thomas Smith saith of them that their office is to looke to the accompts of the Prince and to that end they haue auditors vnder them as also to descide all causes appertaining to the Kings profits comming into the exchequer by any meanes This is in part also proued by the statut anno 20. Ed. 3. ca. 2. anno 27. eiusdem stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. anno 14. eiusd ca. 1● And hereupon they be of late men learned in the common lawe of the realme wheras in auncient times they were others viz. maiores discretiores in regno siue de clero essent siue de curea Ockam in his lucubrations de fisci regij ratione Horn in his mirrour of Iustices saieth that barons were wont to be two and they Knights ca. De la place del Eschequer Then be there in this signification Barons of the Cinque portes anno 31. Ed. 3. stat 2. ca. 2. et anno 33. H 8. ca. 10. which are two of euery of the seuen towns Hastings Winchelsey Ry Rumney Hithe Douer Sandwiche that haue places in the lower house of Parlament Cromptons iurisd fo 28. Baron in the the third signification is vsed for the husband in relation to his wife which is so ordinary in all our lawe writers that wright in french as it were superfluous to confirme it by any one Baronet I reade this word anno 13. R. 2. stat 2. ca. 1. but I hould it falsely printed for Baneret or els to signifie all one with it Baronye baronia baronagium is the fee of a baron In which accompt are not only the fees of temporall Barons but of Bishops also who haue two respects one as they are spirituall men without possessions as was the tribe of Levy among the Israelites being susteined by the only first frutes and tenthes of the other tribes Iosue ca. 13. versue 14. The other respect they haue groweth from the bountie of our english Kings whereby they haue baronies at the least are thereby Barons or Lords of the Parlament This baronie as Bracton saith li. 2. ca. 34. is a right indiuisible and therefore if an inheritance be to be divided among coparceners though some capitall messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he saith they may not be parcelled The reason is ne sic caput per plures particul as diuidatur plura iura comitatuum baroniarum deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baronys dicitur esse constitutum Barre barra commeth of the French barre or barriere i. repagalum obex vectis It is vsed in our common law for a peremptory exception against a demaūd or plaint and is by the author of the Termes of law defined to be a plee brought by the defendant in an action that destroieth the action of the plaintiffe for euer It is divided into a barre to common intent and a barre speciall Abarte to a common intendment is an ordinarie or generall barre that ordinarily disableth the declaration or plee of the plaintiffe a barre speciall is that which is more then ordinarie falleth out in the case in hand or question vpon some speciall circumstance of the fact Plowden casu Colthirst fo 26. a. b. For exāple an executor being sued for his testators debt pleadeth that he had no goods left in his hands at the day when the writ was purchased or taken out against him This is a good barre to common intendment or prima sacie But yet the case may so fall out that more goods might come to his hands sithence that time which if the plaintiffe can shew by way of replication then excep the haue a more especiall plee or barre to alleadge he is to be condemned in the action See also Plowden in the case aofre named fo 28. a. b. and Brooke titulo Barre nu

and true inquisition make as well of swornemen as vnsworne in euerie bayliwick both in the north bayle and south bayle of this forest and of all maner of trespasses done either to vert or venison I shall truly endeavour my selfe to attach or cause them to be attached in the next court Attachement there to be presented without any concealment had to my knowledge so helpe me God c. Bracton otherwise called Henry of Bracton was a famous lawyer of this land renowmed for his knowledge both in the common and civill lawes as appeareth by his booke every where extant He liued in the daies of Henry the third Stawn praero fo 5. b. and as some say Lord cheife Iustice of England Bread of treate and bread of coket anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broade This word Bracton vseth li. 3. tracta 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there finde word for word it is as we now speake two long and two broad or two in length and two in breadth Breuibus ra 〈…〉 liberandis is a writ or mandat to a Shyreeue to deliuer vnto the newe Shyreeue chosen in his roome the county with the appertenances together with the rols briefes remembrances and all other things belonging to that office Register original fo 295. a. Bribours commeth of the french bribeur i. mendicus It seemeth to signifie with vs one that pilfreth other mens goods anno 28. Ed. 2. stat 1. ca. vnico Brief breve commeth from the French brefou breif i. brevis and in our common lawe signifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the king in writing issuing out of any court whereby he commaundeth any thing to be done for the furtherance of iustile or good order The word is vsed in the ciuile lawe some time in the singular number and masculine gender as l. vlt. Coa de conueniendis fisci debitoribus li. 10. tit 2. you haue these words Inter chartulas confiscati brevis quidam adseueratur invētus qui nomina cōtineba● debitorū Where it is vsed for a short note Again I finde a title restored by Gothofred in the first booke of the Code de quadrimenstruis brevibus Quadrumenstrus autem breves erant qui de singulis indictionum pensionibus quarte quoque mense fo●utis confic●e● antur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorioretulisset c. And in the Authētiques Novel 105. ca. 2. you haue this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Galbofred there noteth Where he noteth likewise out of Zonaras in Garthagin Cōcilio that this is a greeke word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breue Of these breifes see also Bracton li. 5. tract 5. ca. 17. nu 2. Breve quidem cùm sit formatum ad similitudinem regula iuris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula iuris rem quae est breviter charrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the french brigandine that is a coate of maile This is vsed anno 4. 5. Ph. Mar. ca. 2. Brigbote significat quietantiam reparationis pontium Fleta li. 1. ca. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that liued in the daies of K. Edward the first at whose commandemēt by whose authority he writ a learned booke of the lawe of this realme The tenure wherof runneth in the Kings name as if it had beene penned by himselfe answerably to the Institutions which Iustinian assumeth to himselfe though composed by others Stawnf prare fo 6. 21. S. Edward Cooke saith that this Britton writ his booke in the fifte yeare of the said King reigne li. 4. fo 126. a. lib. 6. fo 67. a. M. Guin in the preface to his reading mencioneth that this Iohn Britton was bishop of Hereford Broke commonly called S. Robert Broke was a greate lawyer and lord chiefe Iustice of the cōmon plees in Queene Mar. 〈◊〉 time Cromptons Iustices of peace fo 2● b. he made an abbridgement of the whole lawe a booke of highe accoumpt Broker brocarnis seemeth to come from the French broieur tritor that is a gryneder or breaker into small peaces Because he that is of that trade to deall in maters of mony and marchandise betwene Englishe men and Strangers doth draw the b●rgaine to particulars and the parties to conclusion not forgetting to grinde out somthing to his owne profit Those men be called broggers anno 10. R. 2. ca. i. It may not improbably be said that this word commeth from carder i. cavillari because these kinde of men by their deceitfull 〈…〉 ches and abusing their true made many times inuegle others In Scotland they be called broccary and in their owne idiome blockers or brockers that is mediators or intercessors in any trāsaction paction or contract as in buying or selling or in contractting mariage Skene de verbo signi verbo broccarij He that will know what these brokers were wont ought to be let him read the statut anno 1. Iacobi ca. 21. These in the civile lawe are called proxenetae as also of some licitatores mediatores titulo de proxeneticis in Digestis This kind of dealer is also of the Romanes called pararius Senece li. 2. de benef ca. 22. Caelius Rhideginus libro 6. ca. 32. li 3. cap. 35. Broderers commeth of the French brodeur and that commeth of bordure i. fimbria limbus the edge or hemme of a garmet And that because it is distinguished frō the rest most cōmōly by some conceipted or costly worke he that worketh it is called brodeur in French and broderor or embroderer with vs. Brode halpeny commeth of the three Saxon words bret or bred 〈◊〉 aboord and halve that is for this or that cause cuius rei gratie as the Latinists speake and penning it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market From the which they that are freed by the Kings Charter had this word mentioned in there leters patents In so much as at this day the freedome it selfe for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatio It signifieth with vs a tribute contribution or ayde toward the mending or reedifiing of bridges whereof many are freed by the kings charter And thereupon the word is vsed for the very libertie or exemptiō from this tribute

the partie himselfe detaineth it and refuseth to bring it in Regist orig fo 152. b. In like maner may be said of certificando de statuto mercatorio eodem fo 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fo 195. and certificando quando recognitio c. and certificando quid actum est de breui super statutum mercatorium fo 151 certificando si loquela Warantiae fo 13. Cessor is he that ceseth or neglecteth so long to performe a dutie belonging vnto him as that by his cesse or cessing he incurreth the daunger of lawe and hath or may haue the writ cessavit brought against him Old nat br fo 136. And note that where it is saide in diuers places the tenent cesseth without any more words such phrase is so to be vnderstood as if it were said the tenent ceseth to doo that which he ought or is bound to doe by his land ortenement Cessavit is a writ that lyeth in diuers cases as appeareth by Fitzh nat br fo 208. vpon this generall grounde that he against whome it is brought hath for 2. yeares foreslowne to performe such seruice or to pay such rent as he is tied vnto by his tenure and hath not vpon his land or his tenement sufficient goods or catells to be distreined Consult more at large with Fitz. vpon this vbi supra with Fleta li. 5. ca. 34. § visa sunt and with the Termes of lawe See Cessauit de cantaria Register orig fo 238. Cessavit de feodi firma eodem fo 237. Cessavit per biennium eodem folio etiam eodem See the newe booke of entrise verbo Cessavit Cestui qui vie is in true French cestui a vie de qui i. he for whose life any land or renement is graunted Perkins graunts 97. Cestui qui vse ille cuius vsui vel ad cuius vsum is broken french and thus may be bettered Cestui al vse de qui It is an ordinarie speech among our common lawyers signifying him to whose vse any other man is infeoffed in any lands or tenements See the newe booke of entrise verbo vses and in Replevin fo 508. colum 3. verbo Trespas fo 606. fo 123. a. b. colum 3. n● 7. Chafe waxe is an officer in chauncery that fitteth the waxe for the fealing of the writs and such other instruments as are there made to be sent out This officer is borowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser 1. sectari belluas apros cervos It signifieth two things in the commō lawe First as much as actus in the civil lawe that is a dryving of catell to or from any place as to chase a distresse to a fortlet Old nat br fo 45. Secondly it is vsed for a receite for deere and wilde beasts of a middle nature betweene a forest and a parke being commonly lesse then a forest and not endued with so many liberties as the courtes of attachment Swaine mote and Iustice seate and yet of a larger compas and stored with greater diuersity both of keepers and wilde beasts or game then a park And Crompton in his booke of Iurisdictions fo 148. saith that a forest cannot be in the hands of a subiect but it forthwith looseth the name and becommeth a chase and yet fo 197. he saith that a subiect may be lord and owner of a forest which though it seeme a contrariety yet be both his sayings in some sort true For the king may giue or alienate a forest to a subiect yet so as when it is once in the subiect it leeseth the true property of a Forest because that the courts called the Iustice seate the Swain mote and Attachment foorthwith doe vanish none being able to make a Lord chiefe Iustice in Eyre of the Forest but the king as M. Manwood well sheweth parte 2. of his Forest lawes cap. 3. 4. And yet it may be granted in so large a maner that there may be Attachement and Swainemote and a court equiualent to a Iustice seat as appeareth by him in the same chapter num 3. So that a chase differeth from a Forest in this because it may be in the hands of a subiect which a Forest in his proper true nature cannot and from a Parke in that that it is not inclosed and hath not onely a larger compasse and more store of game but of Keepers also and ouerseers See Forest Chalenge calumnia commeth of the French chalanger i. sibiasserere and is vsed in the commō lawe for an exception taken either against persons or things persons as in assise to the Iurors or any one or more of them or in a case of felonie by the prisoner at the barre Smith de rep Anglor lib. 2. cap. 12. Britton ca. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration old nat br fol. 76. Chalenge made to the Iurours is either made to the array or to the polles Chalenge to the array is when the whole number is excepted against as partially empaneled chalenge to or by the polle when some one or more are excepted against as not indifferent Termes of the law Chalenge to the Iurours is also divided into Chalenge principall and Chalenge per cause i. vppon cause or reason Chalenge principall otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the lawe alloweth without cause alledged or farder examination Lamberd Eirenar lib. 4. cap. 14. as a prisoner at the barre arraigned vpon felonie may peremptorily chalenge to the number of 20. one after another of the Iurie empaneled vpon him alledging no cause but his owne dislike and they shall be still put off and new taken in their places But in case of high treason no Chalenge peremptorie is allowed an 33. H. 8. cap. 23. Fortescue saith that a prisoner in this case may chalenge 35. men c. 27. but that law was abridged by anno 25. H. 8. cap. 3. I cannot here omit to note some difference that in mine opinion I obserue betweene Chalenge principall and Chalenge peremptorie finding peremptorie to be vsed onely in maters criminall and barely without cause alledged more then the prisoners owne phantasie Stawnf pl. cor fol. 124. but principall in ciuill actions for the most part and with naming of some such cause of exception as being found true the lawe alloweth without farder scanning For example if either partie say that one of the Iurors is the sonne brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farder examination of the parties credit And how farre this chalenge vpon kinred reacheth you haue a notable example in Plowden casu Vernon against Maners fol. 425. Also in the plee of the death of a man

otherwise suffereth death for his transgression Clerico addmittendo is a writ directed to the bishop for the admitting of a clerk to a benefice vpon a Ne admittas tryed founde for the party that procureth the writ Regist orig fo 31. 6. Clerico captoper statutū mercatorum c. is a writ for the deliuery of a clerk out of prison that is imprisoned vpon the breach of a statut merchant Register orig fo 147. Clerico conuicto commisso gaolae in defectu ordinarii deliberando c. is a writ for the deliuery of a clerk to his ordinary that formerly was conuicted of felony by reason his ordinary did not chalenge him according to the priuiledge of clerks Register orig fo 69. a. Clerico infra sacros ordines constituto non elegendo in officium is a writ directed to the bay lifs c. that haue thrust a bayliwick or bedelship vpō one in holy orders charging them to release him againe Register orig fo 187. b. Clerk clericus hath two significations one as it is the title of him that belongeth to the holy ministery of the church that is in these daies either minister or deacon of what other degree or dignity soeuer though according to former times not only sacerdotes diaconi but also subdiaconi cantores acolyti exorcistae ostiarii were within this accoumpt as they be at this daye where the canon law hath full power And in this signification a clerk is either relegious otherwise called regular or secular anno 4. H. 4. ca. 12. The other signification of this word noteth those that by their function or course of life practise their penne in any court or other wise as namely the clerk of the rolles of parliament clerks of the Chancery and such like whose peculiar offices I purpose to set downe in order according to that knowledge that I could procure of them Clerke of the parlament rolles clericus rotulorum Parlamenti is he that recordeth all things done in the high court of Parlament and engrosseth them fairely into parhement rolles for their better keeping to all posteritie Of these there be two one of the higher another of the lower or common house Cromptons Iurisd fol. 4. 8. Smith de rep Anglor pag. 38. See also Vowels booke touching the order of the Parlament Clerke of the crowne in the chācerie clericus Coronae in Cancellaria is an officer there that by himselfe or his deputie is continually to attend the Lord Chanceler or Lord Keeper for speciall matters of estate by commission or the like either immediatly from his maiestie or by order of his priuy councell as well ordinary as extraordinary viz. commissions of lieuetenancies of Iustices errant and of assises of oyer and terrainer of gaol deliuery of the peace and such like with their writs of association and dedimus potestatem for taking of oathes Also all generall pardons vpon graunts of them at the kings coronation or at a parlament where he sitteth in the higher house at the Parlament time the writs of parlament with the names of knights and burgesses which be to be returned into his office He hath also the making of all speciall pardons and writs of execution vpon bonds of statute of the Staple forfeited which was annexed to his office in the raigne of Queene Mary in consideration of his continuall and chargeable attendance both these before being common for euery coursitour and clerk of court to make Clerk of the Crowne clericus Coronae is a clerk or officer in the Kings bench whose function is to frame reade and record all indictments against traitours felons and other offenders there arraigned vpon any publique crime He is otherwise termed Clerke of the Crowne office And anno 2. H. 4. ca. 10. he is called clerk of the crowne of the kings bench Clerk of the extreates clericus extractorum is a clerk belonging to the exchequer who termely receiueth the extreats out of the Lord treasurers remembrancer his office and writeth them out to be levied for the king He also maketh ceduls of such summes extreated as are to be discharged Clerk of assise clericus assisae is he that writeth all things iudicially done by the Iustices of assise in their circuits Cromptons Iurisd fo 227. Clerke of the pele clericus pellis is a clerk belonging to the exchequer whose office is to enter euery tellers bille into a parchement rolle called pellis receptorum and also to make another rolle of paiments which is called pellis exituum where in he setteth downe by what warrent the monie was paid Clerk of the warrants clericus warrantorum is an officer belonging to the court of common plees which entreth all warrants of atturney for plantiffe and defendant and enrolleth all deedes of indentures of bargaine and sale which are acknowledged in the court or before any iudges out of the court And he doth extreate into the exchequer all issues fines and amercements which growe due to the king any way in that court and hath a standing fee of ten pound of the king for making the same extreats See Fitzh nat br fo 76. in prin Clerk of the petit bagge clericus parvae bagiae is an officer of the chawncerie of which sort there be three and the master of the Roles their cheife Their office is to record the returne of all inquisitions out of euerie shire all liveries granted in the courte of wardes all ouster les mains to make all patents of customers gawgers controllers and aulnegers all conge d' eslires for Bishops all liberateis vpon extents of statute staples the recouerie of Recognisances forfeited and all Elegits vpon them the summons of the nobilitie clergie and burgeses to the Parlament commissions directed to knights and other of euery shire for seassing of the subsidies Writs for the nominations of collectours for the fiftenthes and all traverses vpon any office bille or otherwise and to recieue the money due to the king for the same This officer is mentioned anno 33. H. 8. ca. 22. Clerk of the Kings great wardrobe clericus magnae garderobae regis is an officer of the Kings house that keepeth an account or Inventarie in writing of all things belonging to the kings wardrobe This officer is mentioned anno 1. Ed. 4. ca. 1. Clerk of the market clericus merketi is an officer of the kings house anno 1. Ed. 4. cap. 1. anno 13. R. 2. ca. 4. whose dutie is to take charge of the kings measures and to keepe the standards of them that is the examples of all the measures that ought to be through the land as of elns yards lagens as quarts pottels gallons c. of weights bushels and such like and to see that all measures in euerie place be answerable vnto the said standard Fleta li. 2. ca. 8. 9. 10. 11. 12. of which office as also of our diuersitie of weights and measures you may there finde a treatise worth the reading Britton also in

his 30. chapter saith in the Kings person to this effect we will that none haue measures in the realme but we our selues but that every man take his measures and weights from our standards and so goeth on with a tractat of this mater that well sheweth the auncient law and practise in this poynt Touching this officers dutie you haue also a good statut anno 13. R. 2. cap. 4. Clerk of the Kings siluer clericus argenti Regis is an officer belonging to the court of common plees vnto whome euerie fine is brought after it hath beene with the custos brevium and by whome the effect of the writ of couenant is entred into a paper booke and according to that note all the fines of that terme are also recorded in the rolles of the court And his entrie is in this forme He putteth the Shire ouer the margen and then saith A. B. dat domino regi dimidiam merkam or more according to the value pro licentia concordandi C. cum C. D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the peace clericus pacis is an officer belonging to the sessions of the peace His dutie is in the sessions to reade the endictments to enrolle the acts and drawe the proces to record the proclamations of rates for servants wages to enrolle the discharge of apprentices to keepe the counterpaine of the indenture of armour to keepe the register booke of licences giuen to badgers and laders of corne of those that are licensed to shoote in guns to certify into the kings bench transcripts of indictments outlawries attainders and convictions had before the Iustices of the peace within the time limited by statute Lamberds eirenarcha li. 4. ca. 3. fo 379. Clerk of the signet clericus signetti is an officer attendant continually on his maiesties principall secretary who alwaies hath the custodie of the priuie signet as well for sealing his maiesties priuate leters as also such graunts as passe his maiesties hands by bill assigned Of these there be fower that attend in their course and haue their diet at the Secretaries table More largely you may reade of their office in the statute made anno 27. H. 8. ca. 11. Clerk of the priuie seale clericus priuati sigilli is an officer whereof there be foure in number that attendeth the Lord keeper of the priuie seale or if there be none such vpon the principal Secretarie writing and making out all things that be sent by warrant from the signet to the priuie seale and are to be passed to the great seale as also to make out as they are tearmed privie seales vpon any especiall occasion of his maiesties affaires as for loane of mony or such like Of this officer and his function you may read the statute anno 27. H. 8. ca. 11. He that is in these daies called the Lord keeper of the privie seale seemeth in auncient time to haue beene called clerke of the priuie seale and to haue beene reckoned in the number of the great officers of the realme Read the statute anno 12. R. 2. ca. 11. Clerk of the Iuries or iurata writs clericus iuratorum is an officer belonging to the court of the common plees which maketh out the writs called habeas corpora and distringas for appearance of the Iurie either in court or at the assises after that the Iurie or panell is returned vpō the venire facias He entreth also into the rols the awarding of these writs and maketh all the continuance from the going out of the habeas corpora vntill the verdict be giuen Clerk of the pipe clericus pipae is an officer in the kings exchequer who hauing all accounts and debts due to the king delivered and drawne downe out of the Remembrancers offices chargeth them downe into the great rolle who also writeth sūmons to the Shyreeue to levie the said debts vpon the goods and catels of the deptors and if they haue no goods then doth he drawe them downe to the L. treasurers remembrancer to write extreats against their lands The awncient revenew of the Crowne remaineth in charge afore him he seeth the same answered by the fermers shyreeues to the King He maketh a charge to al Shyreeues of their summons of the pipe and green-wax and seeth it answered vpon their accompts He hath the drawing and ingrossing of all leases of the Kings land Clerk of the hamper or hanaper clericus hanaperij is an officer in chawncerie anno 2. Fd. 4. ca. 1. otherwise called warden of the hamper in the same statute whose functiō is to receiue al the mony due to the kings maiestie for the seales of charters patēts commissions and writs as also feese due to the officers for enrolling examining the same with such like He is tied to attendance on the lord Chanceler or lord keeper daily in the terme time and at all times of sealing hauing with him leather bags wherein are put all charters c. after they be sealed by the Lord Chanceler and those bags being sealed vp with the lord Chancelers priuate seale are to be deliuered to the controller of the hanaper who vpon receipt of them doth as you shall reade in his office This hanaper representeth a shadowe of that which the Romanes termed fiscum that conteined the Emperours treasure Clerk of the plees clericus placitorum is an officer in the exchequer in whose office all the officers of the court vpon especiall priuiledge belonging vnto them ought to siew or be siewed vpon any action Clerk of the treasurie clericus thesaurariae is an officer belonging to the common plees who hath the charge of keeping the records of the courte and maketh out all the records of Nisi prins hath the fees due for all searches and hath the certifiing of all records into the the kings bench when a writ of errour is brought and maketh out all writs of Supersideas de non molestando which are graunted for the defendants while the writ of errour hangeth Also he maketh all exemplications of records being in the treasurie He is taken to be the servant of the chiefe Iustice and remoueable at his pleasure whereas al other officers are for terme of life There is also a Secondarie or vnder clerk of the treasurie for assistance which hath some allowances There is likewise an vnder keeper who alway keepeth one key of the treasury doore the chiefe clerke of the Secundarie another so the one cannot come in without the other Clerk of essoines clericus essoniorum is an officer belonging to the courte of common plees who onely keepeth the essoines rolle and hath for entring everie essoine sixe pence and for euery exception to barre the essoine in case where the partie hath omitted his time sixe pence He hath also the providing of parchment and cutting it out into rols and marking the numbers vpon them and the deliuerie out of all

pr. cap. 18. which reade See Fine Common plees communia placita is the kings Court now held in Westminster hall but in auncient time moueable as appeareth by the statute called Magna charta cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his readings saith that vntill the time that Henry the third granted the great charter there were but two courts in all called the Kings courts whereof one was the Exchequer and the other the kings bench which was then called curia Domini regis and aula regia because it followed the court or king and that vpon the grant of that charter the court of common plees was erected and setled in one place certaine viz. at Westminster And because this court was setled at Westminster wheresoeuer the king lay thereupon M. Gwin vbi supra saith that after that all the writs ranne Quòd sit coram Iusticiariis meis apud Westmonasterium whereas before the partie was cōmanded by thē to appeare coram me vel Iusticiariis meis simply without addition of place as he well obserueth out of Glanvile and Bracton the one writing in Henry the seconds time before this court was erected the other in the later end of Henry the thirds time who erected this court All ciuill causes both reall and personall are or were in former times tryed in this court according to the strict lawe of the realme and by Fortescue cap. 50. it seemeth to haue bene the onely court for reall causes The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees accompanied with 3. or 4. assistants or associates which are created by leters patents from the king and as it were enstalled or placed vpon the bench by the Lord Chaunceler and lord chiefe Iustice of the court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the officers belonging to this court are these the custos breuium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerke of the warrants Clerke of the Iuries or iurata writs Clerke of the Treasurie Clerke of the kings siluer Clerke of the essoins Clerke of the outlawries Whose distinct functions looke in their places See Common bench Common day in plee of land an 13. R. 2. stat 1. cap. 17. signifieth an ordinarie day in the court as Octavis Michaelis quindena pascae c. as you may see in the statute made anno 51. H. 3. concerning generall dayes in the bench Common house of parlament is vsed for the nether house because the commōs of the realme that is the knights of the shires and burgeses possesse that house Crompton iurisd 9. Commotes seemeth to be compounded of the prepositiō con and mot i. dictio verbum and signifieth in Wales a part of a shire as a hundred anno 28. H. 8. ca. 3. It is written commoithes anno 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people as it seemeth of this or that hundred by welsh minstrels Common law comunis lex hath three diuers significatiōs which see in the author of new termes of law verbo Common law Communi custodia is a writ that lyeth for that lord whose tenent houlding by knights seruice dyeth and leaueth his eldest sonne vnder age against a straunger that entreth the land and obtaineth the ward of the body It may seeme to take the name from the common custom or right in this case which is that the lord haue the wardship of his tenent vntill his full age or because it is common for the recouery both of land and tenent as appeareth by the forme thereof Old nat br fo 89. See also the Register orig fo 161. a. Communi placito non tenendo in scaccario is a writ directed to the treasurer and barons of the exchequer forbidding them to hould plee betweene two common persons in that court neither of them belonging toward the said court Register orig fo 187. b. Companion of the garter is one of the knights of that most noble and honourable order anno 24. H. 8. ca. 13. See Garter Compromis compromissum is a mutuall promise of two or more parties at difference to referre the ending of their controuersies to the arbitriment and equitie of one or more arbitratours West defineth is thus parte 2. Symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence betweene persons at controuersie giuen to arbitratours by the parties mutuall priuate consent without publique authority Computo is a writ so called of the effect because it compelleth a baylife chamberlaine or receiuer to yeld his accoumpt Old nat br fo 58. It is founded vpon the statut of Westm 2. ca. 2. anno 13. Ed. i. which for your beter vnderstanding you may read And it lyeth also for executours of executours anno 15. Ed. 3. statut de prouis victuall ca. 5. Thirdly against the garden in socage for waste made in the minority of the heire Marlb ca. 17. And see farder in what other cases it lyeth Register orig fo 135. old nat br vbi supra Fitzh nat br fo 116. Concealers be such as finde out concealed lands that is such lands as priuily are kept from the king by common persons hauing nothing to shew for them anno 39. Eliza. ca. 22. They be so called a concelando as mons a mouendo per antiphrasin Concord concordia is in the common law by a peculiar signification defined to be the very agreement betweene parties that intend the leuying of a fine of lands one to the other how and in what maner the land shall passe For in the forme thereof many things are to be considered West parte 2. Symbol titulo Fines and concords sect 30. whome read at large Concord is also an agreement made vpon any trespas cōmitted betweene two or more and is diuided into a concord executory and a concord executed See Plowden casu Reniger Fogassa fo 5. 6. where it appeareth by some opinion that the one bindeth not as being imperfect the other absolute and tyeth the parties and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and doe noe lesse binde then agreements executed fo 8. b. Concubinage concubinatus is an exception against her that sieweth for her dower whereby it is alleadged that shee was not a wife lawefully maried to the party in whose lands shee seeketh to be endowed but his concubine Britton ca. 107. Bract. li. 4. tract 6. ca. 8. Condition conditio is a rate maner or lawe annexed to mens acts staying or suspending the same and making them vncertaine whether they shall take effect or no West parte 1. symb li. 2. Sect. 156. In a lease there may be two sorts of conditions condition collaterall or condition annexed to

Mearc which signifieth a peece of mony worth thirty siluer pence Lamb. explicat of Saxon words verbo Mancusa what it now signifieth in our coyne euery man knoweth But in auncient times I find a merke of gold which was the quantitie of eight ounces Stowes annals pag. 32. and againe pag. 691. 12. merkes of golde Troy weight the which was 200. pounds of English mony after which rate euery merke valued 16. pounds 13. shillings 4. pence M. Skene de verbor signific verbo Merke saith that in tractatu de ponderibus mensuris a Mercke signifieth an ounce weight or halfe a pound wherof the dramme is the eighth part like as the ounce is the eighth part of a marcke citing Cassanaeus de consuet Burgund Rub. prim § 7. verbo Solz Turnoys hiis verbis Solidus inquit in iure capitur pro auro quorum 72. faciunt libram auri duodecim vncia faciunt libram octo vnciae mercā Market mercatus commeth of the French marche i. emporium forum nundinarium it signifieth with vs the same thing and also the liberty or priuiledge whereby a towne is enabled to keepe a market Old nat br fol. 149. So doth Bracton vse it lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he sheweth that one market ought to bee distant from another sex lencas dimidiam tertiam partem dimidiae The reason thereof both he and Fleta giueth in these wordes Quia omnes rationabiles dietae constant ex 20. milliaribus Diuidatur ergo dieta in tres partes prima autē matutina detur euntibus versus mercatum secunda detur ad emendum vendendum quae quidem sufficere debet omnibus nisi sint forte mercatores statarii qui merces deposuerint exposuerint venales quibus necessaria erit prolixior mora in mercatu tertia pars relinquitur redeuntibus de mercatu ad propria Et quaequidem omnia necesse erit facere de die non de nocte propter infidias incursum latronum vt omnia sint in tuto c. lib. 4. cap. 28. § Item refert Marle is a kind of stone or ●halke which men in diuers countries of this Realme cast vpon their land to make it the more fertile It is some where called Malin anno 17. Edvard 4. cap. 4. Marque seemeth to bee a French word signifying notam vel signum or else to come from the German march i. limes it signifieth in the aunciēt statutes of our land as much as reprisals as anno 4. H. 5. cap. 7. Marques and Reprisals are vsed as synonyma And leters of Marque are found in the same signification in the same chapter The reason may be because ●●e griefes wherevpon these le●●rs are sought and graunted are commonly giuen about the ●ounds and limits of euery contrey or at least the remedie for the same is likest there to bee had by some sodaine inrode happing of such recompence of the iniurie receiued as may most conueniently be lighted vpon See Reprisals See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifiing originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertū est nisi quod Gothicum vocabulum putamus And afterward thus Huiusmodi Marchionum siue vt nos appellamus Margraphiorum origo in limitaneos praepositos siue duces referenda Margraphis dicti quòd limitibus quos vulgò marken appellamus graphii id est praepositi fuerunt c. For in those teritories that haue naturally noe bounds of great strength or defence there is neede of wise and stout men toward their borders for the keeping out of neighbour enemies But here in England though we haue a Lord warden of the marches northward and a warden of the cinque ports toward the south east and were wont to haue Lo. Marchers between vs and Wales that serued this turne yet those which we call Marquises are lords of more dignity without any such charge and are in honour and accompt next vnto Dukes At this day I know but one in England and that is the Marquis of Winchester being of that noble familie of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a lawyer of great accompt that liued in Henry the seuenth his daies whose learned readings are extant but not in print Lamb. Eiren. li. pri cap. 1. Marterns see Furre Master of the Rols Magister rotulorum is an Assistāt vnto the Lord Chauncelour of England in the high court of Chauncery and in his absence heareth causes there and giueth orders Crompt Iurisd fol. 41. His title in his patent as I haue heard is Clericus paruae bagae custos rotulorum domus conuersorum This domus conuersorum is the place where the rols are kept so called because the Iewes in auncient times as they were any of them brought to christianity were bestowed in that house separatly from the rest of their nation But his office seemeth originally to haue sprong from the safe keeping of the Roules or records of inditements passed in the kings courts and many other things He is called clerke of the rols anno 12. R. 2. ca. 2. and in Fortescue his booke cap. 24. and no where master of the rols vntil anno 11. Hen. 7. cap. 20. and yet anno 11. einsdem cap. 25. he is also called clerk In which respect Sir Thomas Smith li. 2. ca. 10. de Repnb Angl. well saith that he might not vnfitly be called Custos Archiuorum He seemeth to haue the bestowing of the offices of the sixe clerks anno 14. 15. Hen. 8. cap. 8. Master of the mint anno 2. Hen. 6. cap. 14. he is now called the Warden of the mint whose office see in Mint Master of the court of Wards and Liueries is the cheife and principall officer of the court of wards and liueries named and assigned by the king to whose custodie the seale of the court is committed He at the entring vpon his office taketh an oath before the Lord Chauncelour of England well and truly to serue the King in his office to minister equal iustice to rich poore to the best of his cunning witte and power diligently to procure all things which may honestly and iustly be to the kings aduātage and profit and to the augmentation of the rights and prerogatiue of the crowne truly to vse the kings seale appointed to his office to end eauour to the vttermost of his power to see th 〈…〉 king iustly aunswered of all suc 〈…〉 profits rents reuenewes a 〈…〉 issues as shall yearely rise grow or be due to the king in his office from time to time to deliuer with speed such as haue to do before him not to take or receiue of any person any gift or reward in any case or mater depending before him or wherein the king shall be party

to vs reliefe he shall haue inheritance by the old Reliefe that is to say the heire or heires of an Earle for one whole Earldome one hundred pound the heire or heires of a Baron for one whole Baronie one hundred merkes the heire or heires of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall giue lesse according to the old custome of the fees Reade also Glanvile lib. 9. cap. 4. fol. 68. who saith that in his dayes the Reliefe of a Baronie was not certaine The heire in francke soccage when he commeth to his full age after the death of his auncester shall double the rent that he was wont to pay to the Lord and that shall be in place of reliefe old nat br fol. 94. Somewhat more hereof you may reade in anno 28. Ed. prim statut prim and Kitchin fol. 145. ca. Reliefe and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutioest quaedam extrinseca praestatio à consuetudine introducta quae non inest feudo quodque soluitur proconsirmatione seu renouatione investiturae possessionis See Heriot This Leo the Emperour Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the auncienter ciuile lawe it is termed introitus l. penult § Alumno Π de legatis Skene de verb. signif saith that Reliefe is a French word from the Latine relevare which is to releeue or take vp that which is falen For it is giuen by the tenent or vassall being of perfect age after the expiring of the wardeship to his Lord of whome he holds his land by Knights seruice that is by ward and reliefe and by payment thereof he relieues and as it were raiseth vp againe his lands after they were fallen downe into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our common law a power or hope to inioy lands tenements or rents after the estate of another expired For example a man may let land to one for terme of his life and the Remainder to another for terme of his life Litleton cap. Atturnment fol 113. And this Remainder may be either for a certaine terme or in fee simple or fee taile as might be proued by many places in the law writers But in steed of the rest take Brooke titulo Done Remainder fol 245. Glanuile lib. 7. ca. pri in fine hath these words Not andum quod nec Episcopus nec Abbas quiaeorum Baroniae sunt de eleemozina Domini Regis antecessorum eius non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Demini Regis Where it appeareth that Dare ad remanentiam is to giue away for euer To the same effect doth he vse it cap. 9. eiusdem libri in these words speaking of the Lords of mancrs during the minority of their wards Nihil tamen de haereditate de iure alienare possunt ad remanentiam In the like sort doth Bracton vse it lib. 2. cap. 23. in fine and also lib. 4. tracta 2. cap. 4. nu 4. See the new booke of Entries verbo Remainder Remembrancers of the Exchequer Rememoratores be three officers or clerks one called the Kings Remembrancer anno 35. El. cap. 5. The other the Lord Treasurers Remembrancer vpon whose charge it seemeth to lye that they put all Iustices of that court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and delt in for the Princes behoofe The third is called the Remembrancer of the first fruites Of these you may read something anno 5. Rich. 2. stat pri cap. 14. 15. to the effect aboue specified These anno 37. Ed. 3. cap. 4. be called clerks of the Remembrance It seemeth that the name of this officer is borowed from the Ciuilians who haue their Memoriales qui sunt notarii Cancellariae in regno subiects officio Questoris Lucas de penna C. lib. 10. tit 12. nu 7. The kings Remembrancer entreth in his office all recognicances taken before the Barons for any the Kings debts for apparences or for obseruing of orders He taketh al bonds for any of the kings debts or for apparance or for obseruing of orders and maketh proces vpon them for the breach of them He writeth proces against the collectors of customes subsidies and fiueteenthes for their accompts All informations vpon penall statutes are entred in his office And all maters vp on English bils in the Exchequer chamber are remaining in his office He maketh the bils of compositions vpon penall lawes taketh the stalments of debts maketh a record of a certificate deliuered vnto him by the clerk of the Starre-chamber of the fines there set and sendeth them to the pipe He hath deliuered vnto his office all maner of indentures fines and other euidences whatsoeuer that concerne the assuring of any lands to the Crowne He yearely in crastino animarum readeth in open court the statute for the elections of Shyreeues and giueth those that chuse them their oath he readeth in open court the oath of all the officers of the court when they are admitted The treasurers remembrancer maketh proces against all Shyreeues escheators receiuers and bayliffs for their accoumpts He maketh proces of fieri facias and extent for any debts due to the King either in the pipe or with the auditors He maketh proces for all such reuenew as is due to the King by reason of his tenures He maketh a record whereby it appeareth whether Shyreeues and other accountants pay their profers dew at Easter and Michelmas He maketh another record whereby it appeareth whether Shyreeues and other accountants keepe their daies of prefixion All extreats of fines issues and amerciaments set in any courts of Westminster or at the assises or sessions are certified into his office and are by him deliuered to the clerk of extreats to write proces vpon them He hath also brought into his office all the accoumpts of customers controllers and other accoumptants to make thereof an entry of record The Remembrancer of the first fruites taketh all compositions for first fruites and tenthes and maketh proces against such as pay not the same Remittere commeth of the French remettre i. restituere reponere and signifieth in our common law a restitution of one that hath two titles to lands or tenements and is seised of them by his later title vnto his title that is more auncient in case where the later is defectiue Fitz. nat br fol. 149. F. Dyer fol. 68. nu 22. This in what case it may be graunted to any man see in Brooke titulo Remitter and the terms of law The Doctor and Student of this mater hath these words if land discend to him that hath right to that land before heshalbe remitted to his beter title if he will capite nono fol. 19. b.

high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife her husband or when a secular or religious man killeth his prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed See Cromptons Iustice of peace And this maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum

or of yeares to the preiudice of the heire or of him in the Reuersion or Remainder Kitchin fol. 168. c. vsque 172. vpon this committed the writ of waste is brought for the recouerie of the things whereupon the waste is made See Vasto VVaste may be also made of tenents or bondmen belonging or 〈◊〉 to the maner Regist orig fol. 72. a. 73. a. See the new booke of Entries verbo VVaste A waste of the Forest as M. Manwood saith parte prim of his Forest lawes pag. 172. is most properly where any man doth cut downe his owne woods within the Forest without licence of the king or of the Lord chiefe Iustice in Eyre of the Forest But it is also where a man doth plow vp his owne medow or pasture and conuerterh it vnto tillage And of this you may reade him at large in his second part cap. 8. num 4. 5. VVaste in the second signification is taken for those parts of the Lords Demesns that be not in any one mans occupation but lye common for bounds or passages of the Lord and tenent from one place to another and somtimes for all the Kings subiects VVhich seemeth to be called waste because the Lord cannot make such profit of it as he doth of other of his land by reason of that vse which others haue of it in passing to and fro Vpon this none may build or feed or cut downe trees without the Lords licence VVaste hath a third signification as yeare day and waste Annus dies vastum which is a punishment or forfeiture belonging to petittreason or felonle whereof you may reade Seawnf pl. cor lib. 3. cap. 30. And see Yeare Day and VVaste VVasters anno 5. Ed. 3. cap. 14 See Roberds men See Draw latches VVastell breade anno 51. H. 3. statute of bread and statute of pilorie VVater bayliffes seeme to bee officers in port townes for the searching of shippes anno 28. H. 6. cap. 5. Watling street is one of the 4. waies which the Romaines are said to haue made here in England and called them Consulares Praetorias Militares Publicas M. Camden in his Britannia perswadeth himselfe that there were more of this sort than 4. This streete is otherwise called Werlam streat as the same author saith and howsoeuer the Romains might make it and the rest the names be from the Saxons And Roger Houeden saith it is so called because the sonnes of Wethle made it leading from the East sea to the West Annal. part prior fol. 248. a. This street leadeth from Douer to London and so to S. Albons and there onward directly toward the North-west through the land as from Donstable to Westchester anno 39. El. cap. 2. the second street is called Ikenild street beginning ab Icenis who were the people inhabiting Northfolke Southfolke and Cambridge shire as M. Camden declareth pag. 345. The third is called Tosse the reason of the name he giueth because he thinketh it was ditched of each side The fourth is called Ermin street Germanico vocabulo à Mercurio quem sub nomine Irmunsull i. Mercurii columna Germani maiores nostri coluerunt Of these reade more in the said author pag. 43. 44. In the description of England going vnder Saxons name cap. 7. I reade that Belinus a Briton king made these 4. wayes whereof the first and greatest he calleth Fosse stretching out of the South into the North and beginning from the corner of Cornwel and passing soorth by Deuonshire Somersetshire and so along by Tetburie vpon Toteswould besides Couentree vnto Lecester and thence by the wide plaines to Newarke and to Lincolne where it endeth The second he nameth Watling street comming out of the South-east toward the Fosse beginning at Dover and passing through the middle of Kent ouer Thames beside London nere Westminster and thence to S. Albons by Donstable Stratford Towceter Weden Lilborn Atheriston Gilberts hill now called Wreaken by Seuerne Workecester Stratton and so foorth by the middle of Wales vnto Cardican and the Irish seas The third he calleth Erminage-street stretching out of the West North-west into the East South-east from S. Dauids in the west Wales vnto Southhampton The fourth he called Rikenild street stretching foorth by Worcester by Wicombe Brinningham Litchfield Derby Chesterfield and by Yorke foorth into Tynmouth But he that listeth to reade at large of these wayes let him haue recourse to the first volume of Helinsheds Chronicle and the description of England there the 19. chapter Where this antiquitie is farre otherwise declared then by the former writer Henry of Huntington likewise in the first booke of his historie not farre after the beginning mentioneth these 4. streetes terming them calles Regia sublimatos authoritate ne aliquis in eis inimicum invadere auderet c. Waterbayliffes anno 28. H. 6. cap. 5. is an officer belonging to the citie of London which hath the superuison and search of fish that is brought to that citie as also the gathering of the tolle rising from that water He is reckoned an Esquier by his office as the Sword-bearer the Huntsman and the chiefe Sergeant is He also attendeth vpon the Lord Maior for the time being and hath the principall care of marshalling the guests at his table Way See Chimin Weife wauium whence it hath his originall I cannot certainely say But I finde the nineteenth chapter of the Grand Custumary of Normandy to be intitled De choses gaiues and latined by the interpreter De rebus vaiuis which are there thus defined vaiua sunt res vel alia qua nullius proprietati attributa sixe possessionis reclamatione sunt inuenta quae vsque ad diem annum seruanda sunt Et de iis modo quo dictum est de veriscis that is weeks easua esse probantibus est restitutio facienda c. This weife or things weiued haue the very same signification in our common law and be nought but things forsaken The Ciuilians call it Derelictum or Quod est pro derelicto Bracton in the twelue chapter of his first booke nu 10. reckoneth them inter res quae sunt nullius ea quae pro waiuio habentur sicut de aueriis vbi non apparet Dominus where he also saith quòdo lim fuerunt inuentoris de iure naturali iam efficiuntur principis de iure Gentium That this is a Regality and belonging to the King except it be challenged by the owner within a yeare and a day it appeareth by Britton in his uenthteene chapter Now the Kings in their times haue graunted this and such like prerogatiues vnto diuers subiects with their fees who there likewise saith that weifes things lost and estrayes must by the Lord of the fraunchise where they are found be caused to be cried and published in markets and churches nere about or els that the yeare and day doth not runne to the preiudice of him that hath lost them See Waiue M. Skene

a man vpon breach of a statute to be resembled in mine opinion to any action giuen in the lawe imperiall either vpon edictum praetoris plebiscitum or senatusconsultum For as the Pretour so the common people in comitijs tributis the Senatours or nobility in curia vel senatu had power to make lawes wherevpon the Pretour or other Iudges permitted action And euen so our high court of Parlament maketh Statutes against such offēces as are either newly grown or more and more increased and our Iudges intertaine their plees that commence actions against the breakers of them Action is perpetuall or temporall perpetua vel temporalis and that is called perpetuall the force whereof is by no time determined Of which sort were all ciuill actions among the auncient Romaines viz. such as grew from lawes decrees of the Senate or constitutions of the Emperors whereas actions granted by the Pretor died within the yeare de perpet tempor actio in Institut So we haue in England perpetuall and temporarie actions and I thinke all may be called perpetuall that are not expresly limited As diuers Statutes giue actions so they be pursued within the time by them prescribed namely the Statute anno 1. Ed. 6. cap. 1. giueth action for 3. yeares after the offences therein shall be committed and no longer and the Statute anno 7. H. 8. cap. 3. doth the like for foure yeares and that anno 31. Eliz. cap. 5. for one yeare no more But as by the ciuill lawe no actions were at the last so perpetual but that by time they might be prescribed against as actiones in rem decem aut viginti terminantur annis personales verò triginta § 1. de perpet temp actio in Institutio l. 3. Co. de praescript 30. annorum so in our common law though actions may be called perpetual in comparison of those that be expressely limited by statute yet is there a means to prescribe against reall actions within fiue yeares by a fine leuied or a recouerie acknowledged as you may see farther in the word Fine and Recouerie And for this also looke Limitation of assise Action is farther diuided in actionem bona fidei stricti iuris Which diuision hath good vse in our common lawe likewise though the tearmes I find not in any of their writers But of this and such like diuisions because they haue as yet no apparent acceptance amongst our Lawyers but onely a hidden vse I referre the reader to the Ciuilians and namely to Wesenb in his Paratitles Π. De obligatio actio Addition additio is both the English and French word made of the Latine and signifieth in our common law a title giuen to a man ouer and aboue his Christian and surname shewing his estate degree occupation trade age place of dwelling c. For the vse wherof in originall writs of actions personale appeales and indictments it is prouided by Statute anno 1. H. 5. cap. 5. vpō the penaltie therein expressed Tearmes of the lawe Broke farder addeth that it is likewise requisite in townes and gates of townes parishes in great townes and cities where there may be any doubt by reason of more townes gates or parishes of the same name titulo Addition See also M. Cromptons Iustice of peace fol. 95. 96. Adeling was a word of honor among the Angles properly apertaining to the Kings children whereupon king Edward being himselfe without issue and intending to make Eadgare to whome he was great Vnkle by the mothers side his heire to this kingdome called him Adeling Roger Houedine parte poster suorum Annal. fol. 347. a. Adiournment adiurnamentum is almost all one with the French adiounrement i. denunciatio vel diei dictio and signifieth in our commō law an assignement of a day or a putting off vntill another day Adiournment in eyre anno 25. Ed. 3. Statute of pourveyers cap. 18. is an appointment of a day when the Iustices in eire meane to sit againe Adiourn anno 2. Edw. 3. cap. 11. hath the like signification And this whole title in Broke his abridgement proueth the same The bastard Latine word adiurnamentum is vsed also among the Burgundians as M. Skene noteth in his booke De verbo signi verbo Adiurnatus out of Chassaneus de consuet Burg. Ad inquirendum is a writ iudiciall commanding inquirie to be made of any thing touching a cause depending in the Kings court for the better execution of iustice as of bastardie of bondmen and such like whereof see great diuersitie in the Table of the Register iudiciall verbo Ad inquirendum Admeasurement admensuratio is a writ which lyeth for the bringing of those to a mediocritie that vsurpe more then their part And it lyeth in two cases one is tearmed admeasurement of dower admensuratio dotis where the widow of the deceased holdeth from the heire or his guardian more in the name of her dower then of right belongeth vnto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is admeasurement of pasture admensuratio pasturae which lieth betweene those that haue common of pasture appendant to their free-hold or common by vicenage in case any one of them or more doe surcharge the common with more cattell then they ought Register orig fol. 156. b. Fitzh nat br fol. 125. Administer administrator in our common law is properly taken for him that hath the goods of a man dying intestate committed to his charge 〈…〉 y the ordinary is accountable for the same whensoeuer it shall please the ordinarie to call him thereunto I finde not this word soe vsed in all the civile or canon lawe but more generally for those that haue the gouernment of any thing as the Decrees can 23. quaest 5. c. 26. Administratores plane saecularium dignitatum c. and extrava com ca. 11. Grangias autem alia loca Cisterciensium ordinis aliorum Regalium in quibus Gubernatores seu custodes vel administratores ponuntur c. Howsoeuer the signification of this word grew to be restrained amongst vs it greatly booteth not But there was a statute made anno 31. Ed. 3. ca. 11. whereby power was giuen to the ordinarie to appointe these administratours and to authorize them as fully as executors to gather vp and to dispose the goods of the deceased alway provided that they should be accountable for the same as executors And before that viz. Westm 2. anno 13. Ed. 1. ca. 19. it was ordeined that the goods of those that died intestate should be committed to the ordinarie his disposition and that the ordinarie should be bound to answer his debts so far forth as the goods would extēd as executors And I perswade myselfe that the committing of this burden vnto Bishops to those that deriue ecclesiasticall authoritie from them grew first from the constitution of Leo the Emperour Co. de Episco cleri l. nulli licere 28. Where it is saide that if a man dying

is vsed anno 20. Ed 1. anno 11. H. 6. cap. 2. in these words Iustices assigned to take assises And the Substantiue assignement hath the same signification Wests symb parte 1. lib. 2. sect 496. seq In which maner is also vsed the adiectiue assignee assignatus viz. for him that is appointed or deputed by another to do any act or performe any businesse or enioy any commoditie And an assignee may be either in deed or in law Assignee in deed is he that is appointed by a person an assignee in lawe is he whom the lawe so maketh without any appointment of the person v. Dyer fol. 6. num 5. Perkins in Grauntes saith that an assignee is he that occupieth a thing in his owne right and deputè he that doth it in the right of another Assise assisa commeth of the French assise which in the grand custumarie of Normandy cap. 24. is defined to this effect Assise is an assembly of Knights and other substantiall men with the Bailiffe or Iustice in a certain place and at a certaine time appointed And againe cap. 55. Assise is a court in the which whatsoeuer is done ought to haue perpetuall strength This Normane word assise commeth of the French asseoir ● collocare to settle or bestow in some place certaine as s●asseoir is to sit downe by another And metaphorically it is vsed of things incorporeall as asseoir son iugement sur quelque lieu is interponere iudicium suum Of this verbe commeth the participle assis as estre assis i. sedere And this Participle in the grand custumarie of Normandie cap. 68. is vsed as we would say appointed limited or determined viz. au iour qui est assis à faire la battaille se doibuent les champions offrir á la iustice that is at the day which is appointed for the combat the champions ought to offer themselues to the Iustice So that by all these places compared together it is euident whence the original of this word assise floweth How diuersly it is vsed in our common lawe it followeth that we declare First Litleton in the chapter Rents saith that it is aequivocum where he setteth downe three seuerall significations of it one as it is taken for a writ another as it is vsed for a Iurie the third as for an ordinance And him he that listeth may reade more at large My collections haue serued me thus first assise is taken for a writ directed to the Shyreeue for the recouerie of possession of things immoueable whereof your selfe or your auncestor haue bene disseised And this is as well of things corporall as incorporeall rights being of foure sorts as here they follow in their order Assise of novel disseisin assisa nova disseisina lyeth where a tenent in Fee-simple Fee-taile or for tearme of life is lately disseised of his lands or tenements or else of a rent seruice rent seck or rent charge of common of pasture of an office of tolle tronage passage pownage or for a nusance leuied and diuers other such like For confirmation whereof you may reade Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. per totum Britton cap. 70. seqq Register orig fol. 197. Fitz. nat br fol. 177. 178. 179. new booke of entries fol. 74. col 3. West 2. cap. 25. anno 13. Ed. 1. And to this may aptly be added the Bill of fresh force friscae fortiae which is directed to the officers or magistrates of Cities or Townes corporate being a kinde of assise for recovery of possession in such places within 40. daies after the force as the ordinarie assise is in the countie Fitzh nat br fo 7. c. This the Civilians call iudicium possessorium recuperandi Assise of mort d' auncester assisa mortis antecessoris lyeth where my father mother brother sister vncle aunte c. died seised of lands tenements rents c. that he had in see simple and after his death a straunger abateth an it is good as well against the abatour as any other in possession How likewise this is extended see Bracton li. 4. tract 3. per totum Britton ca. 70. cum multis sequent Fitzh nat br fo 114. Register orig fo 223. This the Civilians call Iudicium possessorium adipiscendi Assise of darrein presentment assisa vltima praesentationis lieth where I or mine auncestor haue presented a Clerke to a Church and after the Church being voide by the death of the said Clerke or otherwise a straūger presenteth his Clerke to the same Church in disturbance of me And how otherwise this writ is vsed See Bracton li. 4. tract 2. Register orig fo 30. Fitzh nat br fo 195. Assise de vtrum assisa vtrum lieth either for a parson against a lay man or a lay man against a parson for land or tenement doubtfull whether it be lay see or free almes And of this see Bracton li. 4. tract 5. cap. 1. seqq Brit. ca. 95. The reason why these writs be called assises may be diuers First because they settle the possession and so an outward right in him that obteineth by them Secondly they were originally spedde and executed at a certaine time and place formerly appointed For by the Norman law the time and place must be knowne 40. daies before the Iustices sate of them and by our lawe there must be likewise 15. daies of preparation except they be tried in those standing courts of the king in Westminster as appeareth by Fitzh nat br fo 177. D. E. Lastly they may be called assises because they are tried most commonly by especial courts set appointed for the purpose as may be well proved not onely out of the custumarie of Normandie but our bookes also which shew that in auncient times Iustices were apointed by especiall commission to dispatch controversies of possession one or more in this or that onely countie as accasion fell out or disseisins were offered that as well in terme time as out of terme whereas of later daies wee see that all these commissions of asseses of eyre of oyer terminer of gaol deliuerie and of nisi prius are dispatched all at one time by two severall circuits in the yeare out of terme and by such as haue the greatest sway of Iustice being al of them either the Kings ordinarie Iustices of his benches Sergeants at the lawe or such like Assise in the second signification according to Litleton is vsed for a Iurie For to vse his owne example it is set downe in the beginning of the record of an assise of novel disseisin Assissa venit recognitura which is as much to say as Iuratores veniunt recognituri The reason why the Iurie is called an assise he giueth to be this because by the writte of assise the Shyreeue is commaunded quòd faciat duodecim liberos legales homines de viceneto c. videre tenementum illud nomina eorum imbreviari quod summoneat eos per bonas

summonitiones quòd sint coram Iustitiarijs c. parati inde facere recognitionem c. This is as if he should haue spoken shorter metonymia effecti For they are called the assises because they are summoned by vertue of the writ so termed And yet the Iurie summoned vpon 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 abusiuely so tearmed Assise in this signification is diuided in magnam paruam Glanvile lib. 2. ca. 6. 7. c. and Britton c. 12. where it appeareth wherein the great assise differeth from the petit assise whome I wish to be read by those that would be furder instructed in this point For this place thus much in short The former 4. kindes of assises vsed in actions only possessory be called petit assises in respect of the graund assise For the law of feese is groūded vpon two rights one of possession the other of propertie and as the grand assise serueth for the right of property so the petit assise serueth for the right of possession Horns myrror of Iustices lib. 2. cap. de novel disseisin Assise in the third signification according to Litleton is an ordinance or statute as the statute of bread and ale made anno 51. H. 3 is termed the assise of bread and ale assisa panis ceruiciae Regist orig fol. 279. b. The assise of Clarendon assisa de Clarendon wherby those that be accused of any hainous crime and not able to purge themselues by fire and water but must abiure the realme had libertie of 40. daies to stay and trie what succour they could get of their friends toward their sustenance in exile Stawnf pl. cor fol. 118. out of Bracton li. 3. tract 2. cap. 16. num 2. Of this also Roger Hoveden maketh mention and more particularly then any that I haue read parte poster suorum annalium fol. 313. b. in Henrico secundo Assise of the Forest assisa de Foresta which is a statute or constitution touching orders to be obserued in the kings forest Manwood parte 1. of his Forest lawes pag. 35. Crompton in the Court of the Iustices of the Forest per totum fol. 146. seq And the assise of the king anno 18. Ed. 3. stat 1. called the statute for view of Francke pledge And these be called assises because they set downe and appoint a certaine measure rate or order in the things which they concerne Of assise in this signification doth Glanvil also speake lib. 9. cap. 10. in fine Generaliter verum est quod de quolibet placito quod in comitath deducitur terminatur misericordia quae inde prouenit vicecomiti debetur quae quanta sit per nullam assisam generalem determinatum est And thus much touching Litletons diuisiō But if we marke well the writers of the lawe we shall find this word assise more diuersly vsed then this author hath noted For it is vsed sometime for the measure or quantity it selfe and that per Metonymiam effecti because it is the very scantline described or commaunded by the ordinance as for example we say when wheate c. is of this price then the bread c. shall be of this assise This word is furder taken for the whole processe in court vpon the writ of assise or for some part therof as the issue or verdict of the Iury. For example assises of new disseisin c. shall not be taken but in their shires and after this maner c. mag char cap. 12. And so it seemeth to 〈…〉 nifie Westm 2. cap. 25. anno 13. Ed. 1. in these words let the disseisiours alledge no false exceptions whereby the taking of the assises may be deferred c. And anno 34. Ed. 1. stat 2. if it be found by assise the assise in arrained to averre by the assise the assise by their default shal passe against them and also an 1. H. 6. cap. 2. assises awarded by default of the tenents c Lastly by Merton cap. 4. anno 20. H. 3. certified by the assise quite by the assise c. And in this signification Glanvile calleth it magnam assisam domim regis quae ex duodecim ad minus legalium hominum sacramentis consistit lib. 2. cap. 7. Bracton vseth it in like sort as assisa cadit in transgressionem lib. 4. cap. 30. assisa cadit in perambulationem codem cap. 31. num 2. Fleta defineth an assise in this signification thus Assisa in iure possessorio est quaedam recognitio duodecim hominum iuratorum per quam Iusticiary certiorantur de articulis in breui contentis An assise also thus signifying is said sometime to passe per modum assisae and sometime in modum 〈…〉 ata in maner of an assise when onely the disseisin in question is put to the trial of the twelue in maner of a iurie when as any exception is obiected to disable the interest of the disseisee and is put to be tryed by the twelue before the assise can passe As for example Quaestio status causa successionis causa donationis pactum siue conditio vel cōnentio voluntas dissimulatio transactio vel quietaclamatio vel remissio confirmatio siue consensus propria vsurpatio rei propriae difficultas iudicij iustum iudicium finis chirographum intrusio in rem alienam vel disseisina si in continenti reijciatur negligentia quae per transitum temporis excludit actunem Fleta lib. 4. cap. 10. § 1. whome reade also to this point cap. 11. § Siautem à Domino and at large cap. 16. eiusdem libri lib. 5. cap. 6. § Item vertitur assisa seq And note that assise in this signification is taken foure waies Old nat br fol. 105. The first is assise at large which is taken aswell vpon other points as vpon the disseisin For example where an infant bringeth an assise and the deed of his auncestor is pleaded whereby he claimeth his right or foundeth his title then the assise shall be taken at large that is the Iurie shall enquire not only whether the plaintiffe were disseised or not by the tenent but also of these other points viz. whether his auncestor were of full age of good memorie and out of prison when he made the deed pleaded Another example out of Kitchin fol. 66. The tenent pleadeth a forraine release in barre to an assise whereupon the cause was adiourned At the day the tenent maketh default Therefore the assise was taken at large that is not onely whether the plaintiffe were disseised but also whether there be any such forraine release A third example you may reade in Litleton cap. Estates vpon condition The second maner of assise in point of assise assisa in modum assisae which is when the tenent as it were setting foote to foot with the demandant without furder circumstance pleadeth directly

contrarie to the writ no wrong no disseisin The third manner is assise out of the point of assise assisa extra assisam vel in modum iuratae viz. when the tenent alledgeth some by exception that must be tried by a Iurie before the principall cause can proceed as if he pleade a foreine release or foreine mater tryable in another countie For in this case the Iustices referre the record to the Court of common plees for the triall of the foreine plee before the disseisin can come to be discussed Of this sort reade diuers other examples in Bracton lib. 4. part 1. cap. 34. For there be of them as he saith and Britton also cap. 52. both dilatorie and peremptorie The fourth and last manner is assise of right of dammages and that is when the tenent confessing a putting out and referring it to a demurter in lawe whether it were rightly done or not is adiudged to haue done wrong For then shall the demandant haue a writ to recouer dammages which is called assise to recouer dammages as also the whole processe Assise is further taken for the court place or time where and when the writs and processes of assise be handled or taken And in this signification assise is generall as when the Iustices passe their seuerall circuits euery couple with their commission to take all assises twice in the yeare For he that speaketh of any thing done at that time and in that place will commonly say that it was done at the generall assise It may likewise be speciall in this signification as if an especiall commission should be granted to certaine as in ancient times they often were Bracton lib. 3. cap. 11. in fine for the taking of an assise vpon one disseisin or two any thing done in the court before them a man would say it was done at such an especiall assise And in this very signification doth Glanvil vse it lib. 9. cap. 12. in these words Si contra dominum suum non infra assisam tunc distringitur ipse occupator c. and lib. 13. cap. 32. in these words cum quis itaque infra assisam domini regis i. infra tempus à domino rege de consilio procarum ad hoc constitutum quod quandoque maius quandoque minus censetur alium iniustè sine iudicio disseisiver 〈…〉 c. Of this word assise you may reade in M. Skene de verbo signif verbo Assise and by him vnderstand that in Scotland also it is diuersely vsed viz. in 5. seuerall significations And touching the fifth signification he hath these words An assise is called a certaine number of men lawfully summoned receiued sworne and admitted to iudge and discerne in sundrie civil causes syke as perambulations cognitions molestations pourpresture division of lands seruing of brieues and in all and sundrie criminall causes decided and tried by an assise whereof there are two kinds one ordinarily in vse which may be called a litle assise of the number of 13. or 15 persons the other called a great assise which consisteth of 25. persons c. The rest is very worthe the reading Assisa continuanda is a writte directed to the Iustices assigned to take an assise for the continuance of the cause in case where certaine records alleaged cannot in time be procured by the party that would vse it Reg. orig f. 217. Assisa proroganda is a writ directed to the Iustices of assise for the stay of proceeding by reason of the Kings buisnes wherein the partie is imploied Register orig fo 208. and fo 221. Association associatio is a patent sent by the King either of his owne motion or at the suite of the plaintife to Iustices appointed to take assises of novel disseisin or of oyer and terminer c. to take others vnto them as felowes and collegues in that busines The dirivation is plaine the examples and sundrie vses hereof you may finde in Fitz● nat br fo 185. E. fo 111. B. but more particularly in the Reg. orig f. 201. 202. 205. 206. 207. 223. 224. Assoile absolvere commeth of the French absouldre and signifieth to deliuer or set free from an excommunication Stawnf pl. cor fo 72. in words to this effect Otherwise the defendāt should remaine in prison vntill the plaintiffe were assoyled that is deliuered from his excommunication Assumpsit is a voluntarie promise made by word whereby a man assumeth or taketh vpon him to performe or pay any thing vnto another This word containeth any verball promise made vpon consideration which the Civilians expresse by divers words according to the nature of the promise calling it sometime pactum sometime sponsionē sometime promissionem pollicitationem or constitutum the word seemeth to be drawne from the latine assumptio quae significat professionem l. Π. ad municipalem Attache attachiare cōmeth of the French attacher i. figere nectere illigare defigere alligare In our common lawe it signifieth to take or apprehend by commaundement or writte And M. Lamberd in his eirenarch li. 1. cap. 16. maketh this difference betweene an arrest and an attachement that an arrest proceedeth out of lower courts by precept and an attachment out of higher courts by precept or writ and that a precept to arrest hath these formall words duci facius c and a writ of attachment these words praecipimus tibi quòd attachies talem habeas eum coram nobis c. whereby it appeareth that he which arresteth carieth the party arrested to another higher person to be disposed of forth with he that attacheth keepeth the party attached and presenteth him in court at the day assigned in attachement yet I obserue out of Master Kitchin that an attachement issueth out of a court baron which is a lowe court cap Attachment in court baron fo 79. Another difference there is that an arrest lieth onely vpon the body of a man and an attachement some time vpon his good as shal be shewed in the sequele It may be likewise asked how an attachement and a capias doe differ how an attachement and a cape and an attachement and a distresse First that an attachement differeth from a capias it appeareth by Kitchin in these words fo 79. Note that in a court Baron a man shal be attached by his goods and a capias shall not goe out thence wherby I gather that an attachement is more generall taking hold of a mans goods and a capias of his body onely Then an attachement differeth from a cape in this because a cape be it cape magnum or cape parvum taketh hold of immoveables as lands or tenements and are properly belonging to action reall as you may gather out of their formes in Fitzh nat br whereas attachemēt hath rather place in actions personall as Bracton plainly setteth downe li. 4. tracta 4. ca. 5. nu 3. Where neuerthelesse it appeareth that a cape may be likewise vsed in an action personall An attachement as it

Which maketh me to thinke that it rather cōmeth from attaindre as we would say in english catched ouertaken or playnly deprehended And Britton ca. 75. vseth the participle attaint in the sence that we say attained vnto A man is attainted by two meanes by appearance or by proces Stawnf pl. cor fo 44. Attaynder by by apparence is by confession by battelll or by verdict idem fo 122. Confession whereof attaynt groweth is double one at the barre before the iudges when the prisoner vpon his endictment read being asked guilty or not guilty answeareth guilty neuer putting himselfe vpon the verdict of the Iurie the other is before the coroner in sanctuarie where he vpon his confession was in former times constreyned to abiure the Realme which kinde also of the effect is called attaynder by abiuration Idem fo 182. Attaynder by battel is when the party appealed by another and chusing to trie the the truth by combat rather then by Iurie is vanquished Idem fo 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty hath an enquest 〈◊〉 life and death passing vpon him and is by their verdict or doom● pronounced guiltie Idem fo 108. 192. Attainder by processe otherwise called attainder by default or attainder by outlagarie is where a partie flieth and is not found vntill he haue bene fiue times called publikely in the countie and at the last out-lawed vpon his default Idem fol. 44. I find by the same author fol. 108. that he maketh a difference between attainder and conuiction in these words And note the diuersitie betweene attainder and conuiction c. And with this agreeth the Statute anno 34. 35. H. 8. cap. 14. in ipso principio and anno 1. Ed. 6. cap. 12. in these words that then euery such offender being duly thereof convicted or attainted by the lawes of this realme c. And againe in these words Euery woman that is or shall fortune to be wife of the person so attainted convicted or outlawed c. To this you may likewise adde the flat anno 2. 3. Edw. 6. cap. 33. And I find by Stawnf pl. cor fol. 66. that a man by our ancient lawes was said to be conuicted presently vpon the verdict guiltie but not to be attainted vntill it appeared that he was no clerke or being a clerke and demanded of his ordinarie could not purge himselfe So that a man was not attainted vpon conuiction except he were no Clerke and in one word it appeareth that attainder is larger then conuiction conuiction being onely by the Iurie And attainder is not before iudgement Perkins Graunti num 27. 29. Yet it appeareth by Stawnf fol. 9. that conuiction is called attainder sometime For there he saith that the verdict of the Iurie doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3. Ed. 1. This auncient lawe touching the conuiction and purgation of Clerkes is altered by anno 23. Eliz. cap. 2. as you may farder reade in Clergie Attainder Attinctus though it be most vsed in matters of felonie and treason yet is it likewise applied to inferior transgressions as to disseisin Westm 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens cōmeth of the French attendre i. demorari opperiri expectare praestolari it signifieth in our common law one that oweth a dutie or seruice to another or after a sort dependeth of another For example there is Lord mesn and tenent the tenent holdeth of the mesn by a peny the mesn holdeth ouer by two pence The meane releaseth to the tenent all the right he hath in the land and the tenent dyeth His wife shall be endowed of the land and she shall be attendent to the heire of the third part of the peny and not of the third part of the two pence For she shall be endowed of the best possession of her husband Another hath Kitchin fol. 209. in these words where the wife is endowed by the gardian she shal be attendant to the gardian and to the heire at his full age with whome agreeth Perkins also in Dower 424. Atturney atturnatus cōmeth of the French tourner i. vertere as tourner son esprit à faire quelque chose i. animum ad rem aliquam inclinare Thence commeth the participle tournè i. versus conversus and the Substantiue tour i. vices vicissitudo as chacun à son tour i. quilibet sua vice It signifieth in our common lawe one appointed by another man to do any thing in his steade as much as procurator or fyndicus in the ciuill lawe West parte 1. Symbolayogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandement or request do take heed fee to and take vpon them the charge of other mens busines in their absence by whome they are commaunded or requested And where it seemeth that in auncient time those of authoritie in Courts had it in their arbitriment whether they would suffer men to appeare or sue by any other then themselues as is euident by Fitz. nat br fol. 25. in the writ Dedimus potest atem de atturnato facundo where it is shewed that men were driuen to procure the kings writs or letters parents to appoint Atturneys for them it is sithence prouided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem stat 2. an 12. Ed. 2. 1. anno 15. eiusdem cap. vnico anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. anno 17. H. 7. cap. 2. is to be proued And you may see great diuersitie of writs in the table of the Regi origin wherein the king by his writ commaundeth the Iudges to admit of Atturneys Wherby there grew at the last so many vnskilfull Atturneys and so many mischiefes by them that prouision for restraining them was requisite Wherefore anno 4. H. 4. cap. 18. it was ordained that the Iustices should examine them and displace the vnskilfull And againe anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo 〈…〉 and Southfolke In what cases a man at this day may haue an Atturney and in what not see F●● vbisupra Atturney is either generall or speciall Atturney generall is he that by generall authoritie is appointed to all our affaires or suites as the Atturney generall of the king pl. cor fol. 152. which is as much as Procurater Caesaris was in the Romane Empire Atturney general of the Duke Cromptons Iurisd fol. 105. Atturney speciall or particular is he that is employed in one or more causes particularly specified Atturneys generall be made after two sorts either by the kings leters patents before him or

the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the defendant as prolocutor is for the persewer M. Skene de verb. significatione Responsalis as Sig●nius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum Liberaturarū is the third officer in that Court who must be a person learned in the lawes of the land being named and assigned by the king At his admission into the office he taketh an oath before the Master of the said court well and truly to serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logicke● because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto another as to his Lord and also that attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the writ tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectiō or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of cōtentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is

water comming out of them by a passage or flud-gate called the penstocke and falling vpon the said wheeles This word is mentioned in the statute anno 27. El. cap. 19. Bayle Ballium plevina manucaptio commeth of the French bailler i. attribuere tradere tribuere It is vsed in our common lawe properly for the freeing or setting at liberty of one arrested or imprisoned vpon action either civill or criminall vnder suretie taken for his apparence at a day and place certainely assigned Bracton lib. 3. tract 2. cap. 8. num 8. 9. The reason why it is called Bayle is because by this meanes the party restrained is deliuered into the hands of those that bind themselues for his forth-comming There is both common and speciall baile Cōmon baile is in actions of small preiudice or flight proofe being called common because any sureties in that case are taken whereas vpon causes of greater weight or apparent specialtie speciall baile or suretie must bee taken as subsidie men at the least and they according to the value Master Manwood in his first part of Forest lawes pag. 167 maketh a great difference betweene bayle and mainprise in these words and note that there is a great diuersitie betweene bayle and mainprise For he that is mainprised is alwaies said to be at large and to go at his own libertie out of ward after that he is let to mainprise vntill the day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle by foure or two men by the Lord chiefe Iustice in eyre of the Forest vntill a certaine day For there he is alwaies accompted by the lawe to be in their ward and custodie for the time And they may if they wil keepe him in ward or in prison at that time or otherwise at their will So that he which is so bailed shall not be said by the lawe to be at large or at his owne libertie See Lamberds eirenarcha lib. 3. cap. 2. pag. 330. Bayle is also a certaine limit within the forest accordingly as the Forest is diuided into the charges of seuerall Foresters Crompton in the oath of the bow-bearer fol. 201. See Maynprise Baylife ballivus commeth of the French bailif i. diaecetes nomarcha praefectus Prouinciae and as the name so the office it selfe in auncient time was very aunswerable to that of Fraunce and Normandie for as in France there be sixteene Parlaments Lupanus de Magistratibus Francorum lib. 2. cap. Parlamentum which be high courts whence lyeth no appeale within the preeincts of those seuerall parts of that kingdome that belong to each Parlament there be seueral prouinces vnto which within themselues iustice is ministred by certaine officers called bayliffes so in England we see many seuerall counties or shires within the which iustice hath bene ministred to the inhabitants of each countie by the officer whome we now call Shyreeue or Vicount one name descending frō the Saxons the other from the Normans And though I cannot expressely proue that this Shyreeue was euer called a bailiffe yet is it probable that that was one of his names likewise because the countie is called many times balliva that is a Bayliwicke as namely in the returne of a writ with non est inuentus he writeth thus A. S. infra scriptus non est inventus in balliva mea post receptionem huius brevis Kitchin returna brevium fol. 258. and againe in Bracton lib. 3. tract 2. cap. 33. num 3. and anno 5. Eliz cap. 23. and anno 14. Ed. 3. stat 1. cap. 6. And I thinke the word bailife vsed cap. 28. of Magna charta compriseth as well Shyreeues as bailiffes of hundreds as also anno 14. Ed. 3. stat 1. cap. 9. But as the realme is diuided into Counties so euery Countie is againe diuided into hundreds within the which it is manifest that in auncient times the kings subiects had iustice ministred vnto them by the seuerall officers of euery hundred which were called bailiffes as those officers were and are in Fraunce and Normandie being chiefe officers of iustice within euery Prouince Lupanus de Magistratibus Francorum lib. 2. cap. Balivi and the grand custumary of Normandie cap. 1. And that this is true among many others I bring Bracton for my witnes li. 3. tract 2. cap. 34. n. 5. where it appeareth that bailiffes of hundreds might hold plee of appeale and approuers But fithence that time these hundred courts certain franchises excepted are by the statute anno 14. Ed. 3. stat 1. cap. 9. swalowed into the Countie courts as you may reade in countie and hundred And the Bailiffes name office is growne into such contempt at the least these bailiffes of hundreds that they are now but bare messengers and mandataries within their liberties to serue writs and such like base offices their office consisting in 3. points onely which see in Cromptons Iustice of peace fol. 49. a. Yet is the name still in good esteeme some other way For the chiefe Magistrates in diuers townes corporate be called Bailiffes as in Ipsewitch Yarmouth Colchester and such like And againe there be certaine to whom the kings castels be committed which are called Bailifs as the Bailiffe of Dover castell These ordinary bayliffes are of two sorts baylifs errant and baylifs of franchises Baylifes errant ballivi it inerantes be those which the Shyreeue maketh and appointeth to goe hither thither in the countie to serue writs to summon the countie sessions assises and such like Baylifs of franchises ballivi franchesiarum aut libertatum be those that are appointed by euerie lord within his libertie to doe such offices within his precincts as the baylife errant doth at large in the countie Of these read S. Thomas Smith de repub Anglo li. 2. ca. 16. There be also baylifes of the forest Manwood parte 1. pa. 113. There be likewise baylifes of husbandrie belonging to priuate men of great substance who seeme to be so called bycause they dispose of the vnder servants every man to his labour and taske check them for misdoing their buisenes gather the profits of their lord and master and deliuer an accompt for the same at the yeares end or otherwise as it shall be called for The word baylife or balivus is by Rebuffus deriued from Baal i. dominus quia ballivi dominantur suis subditis quasi eorum magistri domini Rebuf in constitut regias de senten executionis art 7. glos 1. The office or dutie of a bayliffe of a maner or household which in aunciēt time seemeth to haue beene all one Fleta well describeth li. 2. ca. 72. 73. This word is also vsed in the canon lawe ca. dilect● de sentent excom in sexto ca. pri de poenis in clement wher the glossographer saith it is a French word signifiing as much as praepositus balia or balivatus is vsed among our later interpreters of

who at any time sithence the first day of this present parlament or at any time hereafter shall depart the Realme or begin to keepe his or her house or houses or otherwise to absent him or her selfe or take sanctuarie or suffer him or her selfe willingly to be arrested for any debt or other thing not growne or due for mony deliuered wares sould or any other iust or lawful cause or good consideration or purposes or hath or will suffer him or her selfe to be outlawed or yeld him or her selfe to prison or willingly or fraudulently hath or shall procure him or her selfe to be arrested or his or her goods money or chatels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent graūt or conueyance of his her or their lands tenements goods or chatels to the intent or whereby his her or their creditours being subiects borne as aforesaide shall or may be defeated or delayed forthe recouery of their iust and true dept or being arrested for debt shall after his other arrest lye in prison fixe monethes or more vpon that arrest or any other arrest or detention in prison for debt and lye in prison sixe monethes vpon such arrest or detention shall be accompted and adiudged a bankrupt to all intents and purposes Banishment exilium abiuratio commeth of the French bannissement and hath a signification knowne to euery man But there be two kinds of banishments in England one voluntarie and vpō oath whereof you may reade Abiuration the other vpon cōpulsion for some offence of crime as if a lay-man succor him that hauing taken sanctuarie for an offence obstinately refuseth to abiure the realme he shall loose his life and member if a Clerke do so he shall be banished Stawnf pl. cor fol. 117. This punishment is also of our moderne Civilians called bannimētum which was aunciently tearmed deportatio if it were perpetuall or relegatio in insulam if for a time Vincentius de Franchis Petrus de Belluga in suo speculo fol. 125. num 4. Barbaries Oxyeantha is a thornie shrub knowne to most men to beare a bery or fruite of a sharpe taste These beries as also the leaues of the said tree be medicinable as Gerara in his herball sheweth lib. 3. cap. 21. You find them mentioned among drugs to be garbled anno 1. Iacob cap. 19. Bard aliâs Beard See Clack Bargaine and sale as it seemeth by West part 1. symb lib. 2. sect 436. is properly a contract made of maners lands tenements hereditaments and other things transferring the propertie thereof from the bargainer to the barganee But the author of the new termes of lawe addeth that it ought to be for money saying farder that this is a good contract for land c. and that fee-simple passeth thereby though it be not said in the deed To haue and to hold the land to him and to his heyres and though there be no liuerie and seisin made by the seller so it be by deed indented sealed and enrolled either in the Countie where the land lyeth or within one of the kings courts of Records at Westminster within sixe moneths after the date of the deed indented anno 27. H. 8. cap. 16. Barkarie Barkaria is a heath house New booke of Entries titulo Assise corp polit 2. Some call it a Tanne house Baron Baro is a French word and hath diuers significations here in England First it is taken for a degree of Nobilitie next vnto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this signification it is borowed from other nations with whom Baroniae be as much as Prouinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as haue the gouernment of Prouinces as their fee holden of the king some hauing greater some lesser authoritie within their territories as appeareth by Vincentius de Franchis in diuers of his desceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call court-barons as they be at this day called Seigneurs in France that haue any such manor or lordship Yea I haue heard by men very learned in our Antiquities that neere after the conquest all such came to the Parlament and sate as Nobles in the vpper house But when by experience it appeared that the Parlament was too much pestered with such multitudes it grew to a custome that none shold come but such as the king for their extraordinarie wisedome or qualitie thought good to call by writ which writ ranne hac vice tantùm After that againe men seeing this estate of Nobilitie to be but casuall and to depend meerly vpon the Princes pleasure they sought a more certain hold and obtained of the King leters patents of this dignitie to them and their heyres male And these were called Barons by leters patents or by creation whose posterity be now by inheritance and true descent of Nobilitie those Barons that be called Lords of the Parlament of which kind the king may create more at his pleasure It is thought neuerthelesse that there are yet Barons by writ as wel as Barons by leters patents and that they may be discerned by their titles because the Barons by writ are those that to the title of Lord haue their owne surnames annexed as Compton North Norice c. whereas the Barons by leters patents are named by their Baronies These Barons which were first by writ may now iustly also be called Barons by prescription for that they haue continued Barons in themselues and their auncestors time beyond the memorie of man The originall of Barons by writ Master Camden in his Britannia pag. 109. in meo referreth to Henry the third Barons by leters patents or creation as I haue heard among our Antiquaries were first created about the dayes of Henry the sixth the maner of whose creation reade in Master Stowes Annales pag. 1121. Of all these you may also reade Master Ferui glorie of Generositie pa. 125 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. de rep Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by yeare or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour ciuill and militarie addeth athird kind of Baron calling them barons by tenure and those be the Bishops of the land all which by vertue of baronries annexed to their bishoprickes haue alwaies had place in the vpper house of Parlament and are tearmed by the name of Lords spirituall Baron in the next significatiō is an Officer as barons of the Exchequer be to the king of which the principall is called Lord chiefe Baron capitalis Baro and the three other for so many there be are

certificate from the Bishop of the dioces to the Kings Iustices after iust enquiry made that the party inquired of is a bastard or not a bastard vpon some question of inheritance Bastardy speciall is a suite commenced in the Kings court against him that calleth another bastard so termed as it seemeth because bastardy is the principall and especiall case in triall and no inheritance contended for And by this it appeareth that in both these significations bastardy is rather taken for an examination or triall whether a mans birth be defectiue or illegitimat itselfe See Broke titulo Bastardy 〈◊〉 29. and Docter Ridlies booke pa. 203. 204. Baston is in french a staffe club or coulestaffe It signifieth in the statuts of our realme one of the warden of the fleets his seruants or officers that attendeth the Kings court with a red staffe for the taking of such to warde as be committed by the court So it is vsed anno 1. R. 2. ca. 12. anno 5. Eliz. ca. 23. Batable ground seemeth to be the ground in question heretofore whether it belōged to England or Scotland lying betweene both the kingdomes anno 23. H. 8. ca. 16. as if we should say debatable ground For by that name M. Skene de verbo sign verbo Plegius calleth ground that is in controuersie betweene two Battell duellum commeth of the French bataille i. bellum praelium and signifieth in our cōmon lawe a triall by combate The maner wherof becauseit is long and full of ceremonies I doe for the better and more full vnderstanding of it referre you to Glanvile lib. 2. cap. 3. 4. 5. to Bracton lib. 3. tract 2 cap. 21. fol. 140 to Britton cap. 22. and to S. Thomas Swith de repub Anglorum li. 2. cap. 7. lib. 3. cap. 3. See Bombat Battery cōmeth of the French batre i. verberare cudere percutere and signifieth in our common lawe a violent striking of any man which the Civilians call iniuriam personalem quia personae infertur per verbera cruciatū c. Wesemb parat Π. de Iniur fam libel Baubels baubella is an old word signifying Iewels Ro. Hoveden parte poster suorum annal fo 449. b. Bearding aliâs Barding of wooll See Clack Bearers signifie all one with Maintainers anno 20. Edvar 3. cap. 5. Beconage Beconagium signifieth money paid for the maintenance of Becons Bewpleder pulchrè placitando is made of 2. french words beau 1. decorus formosus pulcher and pleder 1. disputare causam agere It signifieth in our common law a writ vpon the statute of Marlbridge or Marlborow made the 52. yeare of H. 3. ca. 11. whereby it is provided that neither in the circuit of Iustices nor in Counties Hundreds or Courts-baron any fines shall be taken of any man for faire pleading that is for not pleading fairely or aptly to the purpose Vpon which Statute this writ was ordained against those that violate the lawe herein See Fitz. nat br fol. 270. A. B. C. whose definition is to this effect The writ vpon the Statute of Marlebridge for not faire pleading lyeth where the Shyreeue or other Bailiffe in his court will take fine of the party plaintiffe or defendant for that he pleadeth not fairely c. Bedell Bedellus commeth of the French bedeau i. apparitor it signifieth with vs nothing else but a messenger or seruitour belonging to a Court as a Court-baron or Leet Kitchin fol. 46. where you may see his oath or to the Court of the Forest Manwood parte pri of his Forest lawes pag. 221. in these words A Bedell is an officer or seruant of the Forest that doth make all maner of garnishments of the Courtes of the Forest and also all maner of Proclamations as well within the Courts of the Forest as without and also doth execute all the processes of the Forest He is like to a Bailiffe errant of a Shyreeue in a countie c. Benefice Beneficium is generally taken for all ecclesiasticall liuings be they dignities or other as anno 13. R. 2. sat 2. ca. 2 where benefices are diuided into electiue and benefices of gift So is it vsed in the Canon lawe also Duarenus de beneficiis lib. 2. cap. 3. Beneficio primo ecclesiastico habendo is a writ directed from the King to the Chanceler to bestow the benefice that first shall fall in the kings gift aboue or vnder such a valew vpon this or that man Regist orig fol. 307. b. Benevolence Benevolentia is vsed both in the Chronicles and Statutes of this realme for a voluntarie gratuitie giuen by the subiects to the King Looke Stowes annals pag. 701. That it hath bene something aunciently accustomed it appeareth by him and by the Statute anno 1. Ric. 3. cap. 2. where it is called a newe imposition and in that respect reprehended by that tyrant in his predecessors whether iustly or not I cannot say nor mind to dispute But Stowe pag. 791. saith that the inuention grewe from Edward the fourths dayes You may find it also anno 11. H. 7. ca. 10. to haue bene yeelded to that worthy Prince in regard of his great expences in wars and otherwise This is also mentioned and excepted out of the pardon anno 1. Ed. 6. cap. 15. It is in other nations called subsidium charitativum giuen somtime to Lords of the fee by their tenents somtime to bishops by their Clergy Matthaeus de Afflictis de scis 136. Cassan de conseut Burg. pag. 134. 136. Baldus consitio 120. vol. 6. pag. 230. Of this Maenochius maketh mention lib. 2. centur 〈◊〉 ca. 178. 179. shewing when it is lawful for a Prelate charitativum subsidium à sibi subditis exigere quanta debeat esse eius summa setting downe eight iust causes of this exaction Besaile proavus is horowed of the French bisayeul i. le pere de man pere grand the father of my grandfather In the common law it signifieth a writ that lieth where the great grandfather was seised in his demesne as of fee of any lands or tenements in fee-simple the day that be dyed and after his death a strāger abateth or entreth the same day vpon him and keepeth out his heyre c. The forme and farder vse of this writ reade in Fitz. nat br fol. 221. D. E. F. c. Beastes of chace Ferae campestres be fiue of the Forest chace or parke that is the Bucke the Doe the Foxe the Martron and the Roe Manwood parte prim of his Forest lawes pag. 342. parte 2. cap. 4. num 2. Beastes of the forest ferae sylvestres are the Hart the Hind the Hare the Boare and the Wolfe Manwood parte 2. of his Forest lawes cap. 4. num 1. Beasts and Fowles of Waren are the Hare Conie Fesant and the Pertridge Manwood parte 2. cap. 4. num 3. Bestaile commeth of the French bestial i. pecus it seemeth with vs to signifie all kind of catell taken for the kings provision

or reall Personall may be so called in two respects one because they belong immediatly to the person of a man as a bowe horse c. the other for that being any way withheld iniuriously from vs we haue no meanes to recouer them but by personall action Chatels reall be such as either appertain not immediatly to the person but to some other thing by way of dependencie as a boxe with charters of land the body of a ward apples vpon a tree or a tree it selfe growing on the ground Cromptons Iustice of peace fo 33. B or els such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearme of yeares Also to hould at will is a chatell reall New tearmes verbo Chatell The ciuilians comprehend these things as also lands of what kin de or hould so euer vnder bona bona autē diuiduntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208 〈◊〉 de verb. significa interpretes ibidem Bract. also ca. 3. li. 3. nu 3. 4. seemeth to be of the same iudgement Catallis captis nomine districtionis is a writ which lyeth within a borowe or within a house for rent going out of the same and warranteth a man to take the doores windowes or gates by way of distresse for the rent Old nat br fo 66. Catallis reddendis is a writ which lyeth where goods being deliuered to any man to keepe vntill a certaine day and be not vpon demande deliuered at the day And it may be otherwise called a writ of detinew See more of it in the Register orig fo 139. and in the ould nat br fo 63. This is answerable to actio depositi in the ciuile lawe Catchepolle though it now be vsed as a word of contempt yet in auncient times it seemeth to haue bene vsed without reproch for such as we now call sergeants of the mace or any other that vse to arrest men vpon any cause anno 25. Ed. 3. stat 4. ca. 2. Cathedrall See church Casu matrimonii praelocuti is a writ which lyeth in case where a woman giueth lands to a man in fee simple to the intent he shall mary her and refuseth so to doe in reasonable time being required thereunto by the woman The forme and farder vse hereof learne in the Register orig fol. 233. and in Fitzh nat br fo 205. Causam nobis significes is a writ which lyeth to a Mayer of a towne or city c. that formerly by the kings writ being commaunded to giue seisin vnto the kings grantee of any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke li. 4. casu communalty des Sadlers fo 55 b. Cautione admittenda is a writ that lyeth against the Bishop houlding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy church from thence forth The forme and farder effect whereof take out of the Regist orig pa. 66. and Fitzh nat br fol. 63. Century centuria See Hundred Cepi corpus is a returne made by the Shyreue that vpō an exigēd he hath taken the bodie of the partie Fitzh nat br fo 26. Certiorari is a writ issuing out the chauncerie to an inferiour courte to call vp the records of a cause therein depending that conscionable iustice therein may be ministred vpon complaint made by bill that the partie which seeketh the said writ hath receiued hard dealing in the said court Termes of the lawe See the diuers formes and vses of this in Fitzh nat br fo 242. as also the Register both originall and iudiciall in the tables verbo Certiorari Cromptō in his Iustice of peace fo 117. saith that this writ is either returnable in the Kings bench and then hath these wordes nobis mittatis or in the chauncerie and then hath in cancellaria nostra or in the common bench and then hath Iusticiariis nostris de banco The word certiorare is vsed diuers times in the digest of the ciuile lawe but our later Kritiques think it soe barbarouse that they suspect it rather to be foisted in by Tribonian thē to be originally vsed by those men of whose workes the saide digest is compiled Prataeus in suo lexico Certificat certificatoriū is vsed for a wirting made in any courte to giue notice to another courte of any thing done therein As for example a certificate of the cause of attainte is a transcript made briefely and in few words by the clerke of the Crowne clerke of the peace or clerke of assise to the courte of the Kings benche conteying the tenure and effect of everie endictment outlawrie or conviction and clerke attained made or pronounced in any other court an 34. H. 8. c. 14. Of this see more in Certificat d'evesque Broke f. 119. Certification of assise of novel dissessin c. Certificatio assisae novae disseisinae c. is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices and is called certificatione novae disseisine Old nat br fo 181. Of this see also the Register Original fo 200. and the newe booke of entrise verbo Certificat of assise This word hath vse where a man appearing by his bayliffe to an assise brought by another hath lost the day and hauing something more to pleade for himselfe as a deede of release c. which the bayliffe did not or might not pleade for him desireth a farder examination of the cause either before the same Iustices or others and obteineth leters patents vnto them to that effect The forme of these leters patents you may see in Fitzh nat br fo 181. and that done bringeth a writ to the Shyreeue to call both the party for whome the assise passed and the Iurie that was empaneled vpon the same before the said Iustices at a certaine day and place And it is called a certificate because in it there is mention made to the Shyreeue that vpon the parties complainte of the defectiue examination or doubts yet remaining vpon the assise passed the King hath directed his leters patēts to the Iustices for the beter certifiing of themselues whether all points of the said assise were duly examined yea or not See farder old nat br and Fitzh vbi supra Of this also you may reade Bracton li. 4. ca. 19. nu 4. in fine 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices li. 3. ea finali § en eyde des memoyres c. Certificando de recognitions Stapulae is a writte directed to the Mayor of the staple c. cōmaunding him to certifie the chaunceler of a statute of the staple taken before him betweene such and such in case where

and in euery action reall as also euery action personall where the debt or dammages amount to 40. merks it is a good chalenge to any man that he cannot dispend 40. shillings by the yeare of Free-hold anno 11. H. 7. cap. 21. and Termes of the lawe verbo Chalenge The ground of this chalenge you may see farder in Fleta lib. 4. cap. 8. Chalenge vpon reason or cause is when the partie doth alledge some such exception against one or more of the Iurors as is not forthwith sufficient vpon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Iurors as for example if the sonne of the Iuror haue maried or espoused the daughter of the aduerse partie Termes of lawe vbi supra This chalenge per cause seemeth to be tearmed by Kitchin chalenge for fauour fol. 92. or rather Chalenge for fauour is said there to be one species of chalenge per cause where you may read what chalenges be commonly accounted principall and what not See the new booke of Entries verbo Chalenge and the old nat br fol. 158. 159. That this word chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. li. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will neuer forgiue him that first strooke this blowe at him Of chalenge you may farder read Fleta lib. 1. cap. 32. § Ad quem diem seqq Chamberdekins are Irish beggers anno 1. H. 5. cap. 8. Chamberer is vsed for a chamber maide anno 33. H. 8. cap. 21. Chamberlaine camerarius vel camberlingus commeth of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly vsed in our Chronicles Lawes and Statutes as Lord great Chamberlaine of England Lord Chamberlain of the kings house the kings Chamberlaine anno 13. Ed. 1. cap. 41. anno 17. R. 2. cap. 6. to whose office it especially appertaineth to looke to the kings chambers and wardrobe and to gouerne the vnder ministers belonging vnto the same Fleta lib. 2. cap. 6. 7. Chamberlaine of any of the kings courts anno 7. Ed. 6. cap. 1. Chamberlaine of the Exchequer anno 51. H. 3. stat 5. anno 10. Ed. 3. cap. 11. anno 14. eiusdem cap. 14. anno 26. H. 8. cap. 2. Chamberlaine of north Wales Stow. pag. 641. Chamberlaine of Chester Cromptons iurisd fol. 7. This Officer is commonly the receiuer of all rents and reuenues belonging to that person or citie whereunto he is chamberlaine v. Fletam li. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camera i. testudine sive fornice quia custodit pecunias quae in cameris praecipuè reservantur Onyphrius de interpret vooum ecclesiasticarum It seemeth to be borowed from the Feudists who define the word camera thus Camera est locus in quem the saurus recolligitur vel conclave in quo pecunia reservatur Zasius de feudis part 4. num 7. and Peregrinus de iure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quē quaestorem antiqui appellârunt in rebus fisci primum locum tenet quia thesauraruis custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the kings Exchequer who were wont to keepe a controlment of the pels of receipt and exitus kept certaine keyes of the treasure cofers which is not now in vse They keepe the keyes of the Treasurie where the leagues of the Kings predecessors and diuers auncient bookes doe remaine There is mention of this officer in the Statute anno 34. 35. H. 8. cap. 16. There be also vnder-chamberlaines of the Exchequer which see in Vnder-chamberlaine Champartie cambipartita aliàs champertie seemeth to come from the french champart 1. vectigal and signifieth in our common lawe a maintenance of any man in his suit depending vpon condition to haue part of the thing be it lands or goods when it is recouered Fitzh nat br fo 171. and champertours be they that moue plees or suites or cause to be moued either by their owne procurement or by other and persyew at their proper costs for to haue part of the land in variance or part of the gaines anno 33. Ed. 1. stat 2. in fine Whereunto adde the third statut made the same yeare This seemeth to haue bene an auncient fault in our realme For notwithstanding these former statutes and a forme of writ framed vnto them yet anno 4. Ed. 3. ca. 11. it was againe inacted that whereas the former statute prouided redresse for this in the kings bench onely which in those dayes folowed the court from thence forth it should be lawfull for Iustices of the common plees likewise and Iustices of assises in their circuits to inquire heare and determine this and such like cases as well at the suite of the king as of the party How farre this writ extendeth and the diuers formes therof applied to seuerall cases see Fitzh nat br fo 171. and the Register orig fo 183. and the new booke of entrise verbo Champertie Euery champertie employeth maintenance Cromptons iurisd fo 39. See also his Iustice of peace fo 155. b. c. These with the Romans were called redemptores litium qui sc quotidianas lites mercantur aut quipartem litis paciscuntur l. si remunerandi § Maurus Π. Mandati l. si contra l. per diuersas Co. eodem 13. Champion campio is thus defined by Hotoman in verbis feudalibus Campio est certator pro alio datus in duello a campo dictus qui circus erat decertantibus definitus In our common lawe it is taken no lesse for him that trieth the combat in his owne case then for him that fighteth in the place or quarell of another Bracton li. 3. tracta 2. ca. 21. nu 4. who also seemeth to vse this word for such as hould by sergeanty or some service of another as cāpiones faciunt homagium domino suo li. 2. ca. 35. Of this reade more in Battell and Combat 30. Chanceler cancellarius commeth of the french chaneelier Vincentius Lupanus de magistratibus Francorum saith that cancellarius is no latine word how be it he citeth diuers latine writers that doe vse it With him agreeth that excellent man Petrus Pithaeus libro 2. aduersariorum ca. 12. and whereas Lupanus would deriue it from the verb cancello Pithaeus confesseth he hath good colour for his opinion though he thinke it not sound and therefore rather deduceth it a cancellis Cancellare is literas vel scriptum linea per medium ducta damnare and seemeth of it selfe likewise to be deriued a cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greeke which we in our tong call a letis that is a thing made of woode or iron

Sancti Martini tēpore tam Britonum quàm Anglorum contribuerunt Plures tamen magnates post Romanorum adventum illam contributionem secundum veterem legem Moysi nomine primitiarum dabant prout in brevi regis Knuti ad summum Pontificem transmisso continetur in quo illam contributionem chirchsed appellant quasi semen Ecclesiae Cinamom cinamomum is a tree whereof the barke is knowne to be a pleasant comfortable and medicinall spice which you haue described in Gerards Herball lib. 3 cap. 142. This is reckoned among garbleable spices an 1. Iac. cap. 19. Cinque portes quinque portus be those speciall hauens that lye toward Fraunce and therfore haue bene thought by our kings from time to time to be such as ought most vigilantly to be obserued against invasion In which respect the places where they be haue an especiall gouernor or keeper called by his office Lord Warden of the Cinque ports and divers priuiledges graunted vnto them as a particular iurisdiction their Warden hauing the authoritie of an Admirall among them and sending out writs in his owne name Crompton in his Iurisdictions fol. 28. nameth the Cinque ports Douer Sandwich Rye Hastings Winchelsea Rumney Hithe whereof some because the number exceedeth fiue must either be added to the first institution by some later graunt or be accompted as appendents to some of the rest See Gardein of the Cinque ports and the Statute anno 32. H. 8. cap. 48. Circuit of action circuitus actionis is a longer course of proceeding to recouer the thing sued for then is needfull See the new Tearmes of lawe Circumstantibus is a word of art signifying the supply or making vp of the number of Iurors if any empaneled appeare not or appearing be chalenged by either partie by adding vnto them so many other of those that are present or standing by as will serue the turne v. ann 35. H. 8. cap. 6. and anno 5. Elizab. cap. 25. Citie civitas commeth of the French citè and signifieth with vs as it doth in other regions such a towne corporate as hath a Bishop and a cathedrall church For Lucas de Penna lege vnica tituli De Metropol Beryto ti 21. lib. 10. Cod. hath these words Idem locus vrbs civitas oppidum appeliatur Pro quo est etiam infra De spectaculis l. Nemo Civitas enim dicitur quatenus cum iustitia magistratuum ordine gubernatur oppidum quaetenus est ibi copia incolarum vrbs quatenus muris debito more cingitur Proprie autem dicitur civitas quae habet Episcopū Supra de Episcop Cleri l. Nulli Aliâs dicitur generaliter omnis habitatio plurimorum quae muro cingitur Π. de verb. signif lib. 2. de penu lega l. Nam quod § St ita Sed stricte loquendo si Episcopo caret dicitur vrbs Π. de verb. signif l. Pupillus § Oppidum c. Yet M. Crompton in his Iurisdictions where he reckoneth vp the cities leaueth out Elye though it haue a bishop and a cathedrall Church and putteth in Westminster though now it haue no bishop And anno 35. Eliza. ca. 6. Westminster is called a citie anno 27. eiusd cap. 5. Of the Statutes not printed it is alternatiuely tearmed a citie or borow It appeareth by the Statute 35. H. 8 cap. 10. that then there was a bishop of Westminster Civitas according to Aristotle lib. 3. politicorum ca. pri is defined to be a certaine or vniforme gouernment of the inhabitants Caesar ciuitatem vocat populum eodem iure vtentem Camd. Brittan pa. 310. But this is the generall definition of a common wealth and not of a city at the least as we now a daies particularly take it For ouer and beside that which is aboue saide Cassanaeus in consuetudi Burg. pa. 15. saith that France hath within the teritories of it 104. cities and giueth reason of this his saying because there be there so many seates of Archbishops and bishops Clack as to clack force and bard alias beard good wools anno 8. H. 6. ca. 22. whereof the first viz. to clack wooll is to cut of the sheepes marke which maketh it to waigh lesse and so yeld the lesse custome to the king to force wooll is to clip of the vpper and more heary part of it to bard or beard it is to cut the head and necke from the rest of the fleece Clamea admittenda in itinere per Atturnatum is a writ whereby the king commandeth the Iustices in eyre to admitte of ones claime by Atturney that is employed in the kings seruice and cannot come in his owne person Regist orig fol. 19. b. Clayme clameum is a chalenge of interest in any thing that is in the possession of another or at the least out of his owne as claime by charter clayme by descent old nat br fol. 11. Si dominus infra annum clameum qualitercunque apposuerit Bracton lib. 1. cap. 10. See the definition diuers sorts of claime in Plowden Casu Stowel fol. 359. a. Clarentius See Herald Clorgie clerus clericatus is diuersly taken sometime for the whole number of those that are de Clero domini of the Lords lot or share as the tribe of Leuy was in Iudaea some time for a plee to an indictment or an appeale and is by Stawnf pl. cor li. 2. ca. 41. thus defined Clergie is an auncient liberty of the church which hath bene confirmed by diuers parlaments and is when a priest or one within orders is arraigned of felony before a seculer iudge he may pray his clergie which is as much as if he prayed to be deliuered to his ordinarie to purge him selfe of the offence obiected And this might be done in case of murder Coke li. 4. fo 46. a. This liberty is mentioned in articulis cleri anno 9. Ed. 2. ca. 16. and what persons might haue their clergy and what not see Stawnf pl. cor li. 2. ca. 42. 43. Howbeit there be many statuts made sithence he writ that booke wherby the benefite of clergy is abridged as anno 8. El. ca. 4. anno 14. eiusdem ca. 5. anno 18. eiusd cap. 4. 6. 7. anno 23. eiusd cap. 2. a. 29. eiusd c. 2. anno 31. eiusd ca. 12. a. 39. eiusd ca. 9. ca. 15. Of this see Cromptons Iustice of peace fo 102. 103. 104. 105. and Lamberds Eirenarcha li. 4. ca. 14. pa. 543. And note by the way that the auncient course of the law in this point of clergy is much altered For by the statute anno 18. Eliza. ca. 7. clerks be no more deliuered to their ordinaries to be purged but now euery man though not within orders is put to reade at the barre being founde guilty and conuicted of such felonie as this benefit is still granted for and so burnt in the hand and set free for the first time if the ordinaries commissioner or depute standing by do say legit vt clericus or

the rols to euerie officer and the receiuing of them againe when they be written and the binding and making vp of the whole bundels of euerie terme and this he doth as seruant to the cheife Iustice For the cheife Iustice is at charge for all the parchemēt of all the rols Clerk of the outlawries clericus vtlagariarum is an officer belonging to the court of common plees being onely the seruant or deputie to the kings atturney generall for making out the writs of capias vtlagatum after outlawrie And the kings atturneis name is to euerie one of those writs And whereas seuen pence is paide for the seale of everie other writ betwixt partie party there is but a peny paid for the seale of this writ because it goeth our at the Kings suite Clerk of the sewers clericus sucraerum is an officer apperteining to the commissioners of sewers writing all things that they doe by vertue of their cōmission for the which See Sewers and see the statute anno 13. Elizabe ca. 9. Clerk controller of the kings house whereof there be two is an officer in court that hath place and seate in the compting house and authoritie to allow or disallow the charges and demands of pursuivants or messengers of the greene cloth purveiours or other like He hath also the ouer-sight and controlling of all defaults defects and miscariages of any the inferiour officers and to sit in the counting house with the superiour officers viz. the L. Steward treasurer controller and coferer either for correcting or bettering things out of order and also for bringing in country provision requisite for the Kings houshold and the censure for fayling of cariages and carts warned charged for that purpose This officer you haue mentioned anno 33. H. 8. ca. 12. Clerk of the Nihils clericus nihilorum is an officer in the Exchequer that maketh a rolle of all such summes as are nihiled by the shyreeues vpon their estreats of greene waxe and dilivereth the same into the Lord treasurers remembrancer his office to haue execution done vpon it for the king Clerk of the check is an officer in court so called because he hath the check and controlment of the yeomen of the gard and all other ordinary yeomen and huissiers belonging either to his maiesty the Queene or Prince either giuing leaue or allowing their absences or defects in attendance or deminishing their wages for the same He also nightly by himselfe or depute taketh the view of those that are to watch in the court and hath the setting of the watch This officer is mentioned anno 33. H. 8. ca. 12. Clerk marshiall of the kings house seemeth to be an officer that attendeth the marshiall in his court and recordeth all his proceedings anno 33. H. 8. cap. 12. Clothe of raye anno 27. Ed. 3. sta 1. cap. 4. Closhe is an vnlawfull game forbidden by the statute anno 17. Ed. 4. cap. 3. which is casting of a bowle at nine pinnes of wood or nine shanke bones of an oxe or horse Clove is the 32. part of a weigh of cheese i. 8. pound anno 9. H. 6. cap. 8. Cloues caryophylli are a spice knowne by sight to euery man They be flowers of a tree called caryophyllus gathered and hardened by the Sunne Of their nature you may reade in Gerards Herball lib. 3. cap. 144. This is cōprised among such spices as be to be garbled anno 1. Iacob cap. 19. Cocket cokettum is a seale appertaining to the kings custome house Regist orig fol. 192. a. also ascrow of parchement sealed and deliuered by the officers of the custome house to merchants as a warrant that their merchandize be customed anno 11. H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist vbi supra fol. 179. a. So is the word vsed anno 5. 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat 1. cap. 21. This word is also vsed for a distinction of bread in the statutes of bread ale made anno 51. H. 3. where you haue mention of bread coket wastell bread bread of trete and bread of common wheate Coferer of the Kings houshold is a principal officer of his Maiesties court next vnder the Controller that in the counting house and elsewhere at other times hath a speciall charge and ouersight of other officers of the houshold for their good demeanure and cariage in their offices to all which one and other being either Sergeants Yeomē groomes pages or children of the kitchin or any other in any roome of his Maiesties seruants of houshold and payeth their wages This officer is mentioned anno 39. Elixab cap. 7. Cogs anno 23. H. 8. cap. 18. Conisour of a fine is he that passeth or acknowledgeth a fine in lands or tenemēts to another Cognise● is he to whom the fine is acknowledged West parte 2. symbol titulo Fines sect 2. Cognizance commeth from the French cognisance i. intelligentia intellectus notio cognitio with vs it is vsed diuersly some time signifying a badge of a seruingmans sleeue whereby he is discerned to belong to this or that Noble or Gentleman somtime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3. 20. 32. cognoscere se ad villanum Idem lib. 4. tractat 3. cap. 16. As also to make cognisance of taking a distresse somtime as an audience or hearing of a mater iudicially as to take cognisance sometime a power or iurisdiction as cognisance of plee is an habilitie to call a cause or plee out of another court which no man can doe but the king except he can shew charter for it Manwood parte 1. Of his Forest lawes pag. 68. See the new tearmes of the lawe and the new booke of Entries verbo Conusance Cognatione See Cosenage Cognisour see Conisour Cognitionibus mittendis is a writ to a Iustice or other that hath power to take a fine who hauing taken knowledgement of a fine deferreth to certifie it into the court of common plees commanding him to certifie it Regist orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin i. angulus which probably verifieth the opinion of such as doe hould the auncientest sort of coyne to be cornered and not round Of this Lawyers substantiue cuna commeth the Lawyers verbe cunare i. to coyne Cromptons Iustice of peace fol. 220. Coliander seede or rather Coriander seede Semen coriandri is the seede of an herbe so called medicinable and wholesome for diuers good purposes which see in Gerards Herball lib. 2. cap. 3. 79. It is numbred among the drugges that be to be garbled anno 1. Iacob cap. 19. Collaterall collateralis commeth of the Latine laterale i. that which hangeth by the side Lateralia viatoria Π. de lega fideium tertio l. 102. seeme to signifie a budget or capcase to hang by a saddle pomel Collaterall

crescente numero peregrinorum iuxta Tēplum Hierosolymitanum Xenodo chium aedificatum tit Diui Iohannis quo exciperentur peregrini quos coenobia capere non possent Huius ergo ministerio quoque viri pij nobiles se devoverunt qui peregrinos tutarentur à latronum seu Agarenorum incursu defenderent Horum professio est votum solenne paupertatis abdicationis propriorum castitatis obedientiae Proinde propter primum votum nihil proprii habent vel habere debent sed accipiunt annonam quàm diu vivunt vel praeceptorias quas vocant Commanderies administrant quàm diueas possident optione mutant vel ex magistri licentia permutant reddituri morientes quae apud eos reperiētur societati Of these Corasius in his paraphrase Ad sacerd mat parte prim cap. 3. saith thus Praeceptoriae Rhodienses cùm non nisi fratribus Hierosolymitanis atque it a personis ecclesiasticis conferantur beneficiis ecclesiasticis annumerari meritò debent Commaundement praeceptum is vsed diuersely in the common lawe some time for the commaundement of the king when vpon his meere motion and from his owne mouth he casteth any man into prison Stawnf pl. cor fo 72. or of the Iustices And this commādement of the Iustices is either absolute or ordinary absolute as when vpon their owne authority in their wisedome and discretion they commit a man to prison for a punishment Ordinary is when they commit one rather for safe custody then punishment And a man committed vpon an ordinary commandemēt is repleuisable pl. cor fo 73. Cōmandement is againe vsed for the offence of him that willeth another man to transgresse the lawe or to doe any such thing as is contrary to the lawe as murder theft or such like Bract. li. 3. tra 2. ca. 19 And this the ciuilians call mandatum Angelus de maleficiis Commen communia commeth from the french commun i. quod ad omnes pertinet and signifieth in our common lawe that soile or water whereof the vse is common to this or that towne or lordship as common of pasture communia pesturae Bract. ls 4. ca. 19. 40. commen of fishing communia piscariae Idem li. 2. ca. 34. commen of turbary i. of digging turues communia turbariae Idem li. 4. ca. 41. cōmen of estouers communia estoueriorum Kitchin fo 94. Comen is deuided into commen in grosse commen appendant commen dppertinent and commen per cause de vicinage i. by reason of neighbourhood Cōmen in grosse is a liberty to haue cōmen alone that is without any land or tenement in another mans land to him selfe for life or to him and his heires And this is commonly passed by deede of graunt or specialty Old nat br fo 31. 37. Commen appendant and common appertinent be in a maner confounded as appeareth by Fitzh nat br fo 180. and be defined to be a liberty of common appertaining to or depending of such or such a freehould Onely Kitchin fo 94. seemeth to make this difference that he which hath commen appertinēt hath it without limitation of this or that kinde of beastes but that is controlled by Dyer fo 70. b. nu 19. He that hath commen appendant hath it but for beastes commenable as horses oxen kine and sheepe being acompted fittest for the plowman and not of goates geese and hogs whereunto the author of the new teaams of law addeth another difference which is that common appertinent may be seuered from the land wherunto it is appertinent but not common appendant The originall of common appendant S. Ed Coke li. 4. fo 37. thus expresseth Common appendant by the auncient lawe had beginning in this maner when a lord infeoffed another in erable lands to hould of him in socage idest per seruicium socae as all tenure in the beginning according to Litleton was the feoffee to mamtaine the seruice of his plough had commō in the wasts of his Iord for his necessary beasts to gaine and compas his land that for two causes one for that as then it was taken it was tacitè implyed in the feofment by reason the feoffee could not gaine or compas his land without catell and catell could not be sustained without pasture anb so by consequent the feoffec had as a thing necessary and incident common in the wastes and land of the lord And this appeareth by aunciēt books tempore Ed. i. tit common 24. 17. E. 2. tit common 23. 20. Ed. 3. tit Admesurement 8 18. Ed. 3. and by the rehersall of the statute of Merton ca. 4. The second reason was for maintenance and aduancement of tillage which is much regarded and fauoured in the lawe Thus farre S. Edward Commen per cause de vicinage is a libertie that the tenents of one lord in one towne haue to common with the tenents of another lord in another towne which kinde of common they that chalenge may not put their catell into the common of the other towne For then they be distremable But turning them into their owne fields if they strey into the neighbours commen they must be suffered See the termes of lawe Common of pasture the Civilians call ius compascendi cum sc plures ex municipipibus qui diversa praedia possiáebant saltum communem vt ius compascendi haberent mercarentur l. penul Π. si servit vendicetur It is also called ius compascuum ibidem Commendam commenda is a benefice that being voide is cōmended to the charge care of some sufficient clerk to be supplied vntill it may be conveniently provided of a pastor And that this was the true originall of this practise you may read at large in Duarenus de sacris ecclesiae ministeriis beneficiis li. 5. ca. 7. And whereas the glosse in verbo commendare in ca. Nemo deinceps de electione in sexto defineth commendam esse ecclesiae custodiam al icui commissam Iohannes Andraeas therevpon saith thus huic definitioni necessariò haec aditcienda putem in tempus gratiâ evidentis necessitatis vtilitatis Idque docuit textus in dicto capite Nemo Corrasius in his paraphrase de sacerdotiorum materia parte prima ca. 6. nu 3. seqq thus describeth the mater In commendam conceditur beneficium cùm Romanus Pontifex Legatus aut Episcopus Neque enim inferioribus qui ex privelegio aut alio iure spirituals conferunt concessum est ca. cum omnes basilicae 16. quaest 7. ecclesiae vacantis custodiam alicui committit administratorem generalem eius templi eum constituens ca. nemo de electio in sexto Commendare enim aliud est nihil quàm deponere l. publius Π. depositi l. cōmēdare Π. de verb signif Hoc autē ad tempus sex mensium pro evidenti necessitate aut vtilitate ecclesiae lex permittit d. ca. Nemo Quaere commendatarius qui ecclesiae vacantis fructuum ad tempus duntaxat custodiā habet nec tenere

that they were neuer the lesse called by the name of their office only some others had it simply as of it selfe and were thereof named custodes pacis wardens or conservators of the peace The former and later sort he againe subdivideth Which read in his eirenarcha li. 1. ca. 3. Consideration consideratio is that with vs which the Grecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the materiall cause of a contract without the which no contract bindeth This consideration is either expressed as if a man bargain to giue 20. shillings for a horse or els implyed as when the law it selfe inforceth a consideration as if a man come into a common Inne and there staying sometime taketh both meat and lodging or either for himselfe and his horse the lawe presumeth that he intendeth to pay for both though nothing be farder couenanted betweene him and his host and therefore if he discharge not the house the host may stay his horse Fulb parel tracta Contracts fo 6. a. b. Consistory consistorium is a word borowed of the Italians or rather Lombards signifing as much as praetorium or tribunal vocab vtriusque iur It is vsed for the place of iustice in the courte christian Convocation house domus convocationis is the house wherein the whole clergie is assembled for consultation vpon maters ecclesiasticall in time of parlament And as the house of Parlament so this consisteth of two distinct houses one called the higher conuocation house where the Archebishops and Bishops sitte seuerally by themselues the other the lower conuocation house where all the rest of the clergy are bestowed See Prolocutor Conusance See Cognisance Conuzour See Cognizour Consolidation consolidatio is vsed for the combining and vniting of two benefices in one Brooke titulo Vnion This word is taken from the civile lawe where it signifieth properly an vniting of the possession occupation or profit with the propertie For example if a man haue by legacie vsumfructum fundi and after ward buy the propertie or fee simple as we call it of the heire hoc casu consolidatio fieri dicitur § 3. De vsufructu in Institut See Vnion and Vnitie of possession Conspiracie conspiratio though both in Latine and French it be vsed for an agreement of men to doe any thing either good or bad yet in our lawyers bookes it is alway taken in the evill part It is defined anno 34. Ed. pri statut 2. to be an agreement of such as doe confedre or binde themselues by oath covenant or other allyance that everie of them shall beare and ayde the other falsly and malitiously to indight or falsly to mooue ormaintaine plees and also such as cause childrē within age to appeale mē of felonie whereby they are imprisoned and sore grieued and such as reteine men in the contries with liueries or feese to maintaine their malitious enterprises And this extendeth as well to the takers as to the givers And Stewards and baylifes of great lords which by their seignorie office or power vndertake to beare or maintaine quarels plees or debates that concerne other parties then such as touch the estate of their lords or themselues anno 4. Ed. 3. cap. 11. anno 3. H. 7. ca. 13. of this see more an 1. H. 5. c. 3. an 18. H. 6. c. 12. as also in the new book of ētries ver Cōspiracy Conspiracie in the places before mentioned is taken more generally and is confounded with maintenance and champertie But in a more speciall signification it is taken for a confederacie of two at the least falsly to endict one or to procure one to be indicted of felonie And the punishment of conspiraciē vpon an endictment of felonie at the kings suyte is that the partie attainted leese his franke lawe to the intent that he be not empaneled vpon iuries or assises or such like employments for the testifiing of truth And if he haue to doe in the kings court that he make his atturney and that his lands goods and chatels be seysed into the kings hands his lands estreaped if he finde no better fauour his trees raced and his body committed to prison 27. lib. assis 59. Cromptons Iustice of peace fo 156. b. This is called vilanous iudgement or punishment See Vilanous iudgement But if the partie greiued siew vpon the writ of conspiracie then see Fitzh nat br f. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fo 116. A. c. See Franke law Conspiratione is a writ that lieth against conspiratours Fitz. nat br fo 114. d. Cromptons iurisd fo 209. See also the Regist fo 134. Constable constabularius vel conestabulis is a Saxon word compounded of cuning or cyng and staple which doe signifie the stay and hold of the king Lamb. duties of constables nu 4. But I haue heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we haue this officer from France as most others and not from the Saxons And Tilius in his commentaries de rebus gallicis li. 2. ca. de conistabili hath the same etymologie giuing the reason thereof quia praeest stabulo i. equiliregis which office is auncient heere in England and mentioned by Bracton seeming to answere him that was called tribunus celervm vnder the first kings of Rome and Magister equitum afterward The Germans that inhabite the side of the riuer Rhene note him by this title die constofler and in counterfeit latine constofelerus and in owlder time constafolarius that the Romanes were wont to tearme assessorem iudicij And as Spiegelius in his lexicon noteth deriue the word a stafolo comitis i. gradu Iudicis fiscalis For staffel in their language as he saith signifieth a grees or steppe of a paire of staires And therevpon staffelstein being a word vsed in their very awncient writings signifieth as much as praetorium But a man many times may shew in this kinde more curiositie then discretion as perhaps some will iudge me heere to haue done And therefore enough of this This word is diuersly vsed in our common law first forthe cunstable of England who is also called marshiall Stawn pl. cor fo 65. of whose great dignitie and authoritie a man may find many arguments and signes both in the statutes and chronicles of this realme His sway consisteth in the care of the common peace of the land in deedes of armes and maters of warres Lamb. vbi supra with whome agreeth the statut anno 13. R. 2. ca. 2. statu 1. Smith de Repub. Anglo li. 2. c. 25. Of this officer or magistrate M. Gwyn in the preface to his readings saith to this effect The court of the constable and marshiall determineth cōtracts touching deeds of armes out of the realme and handleth things cōcerning wars within the realme as combats blasōs of armorie c. But it may not deale with battel in appeales nor generally with any

other thing that may be tried by the lawe of the land And reade Fortescue ca. 32. This office was belonging heeretofore to the lords of certaine maners iure feudi and why it is discontinued see Dyer fo 258. nu 39. Out of this high magistracie saith M. Lamberd were drawen these lower constables which we call constables of hundreds franchises and first ordeined by the statute of Winchester anno 13. Ed. 1. which appointeth for the conseruation of the peace and view of armour two constables in euerie hundred and franchise which in latine are called constabularii capitales And these be nowe a daies called high constables because continuance of time and increase both of people and offenfes hath againe vnder these made others in euery towne called petit constables in latine subconstabularios which are of like nature but of inferiour authoritie to the other as you may read at large in that learned mans treatise before named Of these also read S. Thomas Smith li. 2. ca. 22. Beside these there be officers of particular places called by this name as constable of the tower Ssawnf pl. cor fol. 152. anno 1. H. 4. ca. 13. Stowes annals pa. 812. iurisdict fo 132. constable of the exchequer anno 51. H. 3. statute 5. Constable of Douer castel Camdeni Britan. pa. 239. Fitzh nat br fo 240. otherwise called castellane Westm i. ca. 7. anno 3. Ed. i. But these be castellani properly as M. Lamberd noteth though conioined in name with the others See the statute anno 32. H. 8. ca. 38. M. Manwood parte prima ca. 13. of his forest lawes maketh mention of a constable of the forest Consuetudinibus seruities is a writ of right close which lyeth against the tenent that deforceth his lord of the rent or seruice dew vnto him Of this see more at large the Old nat br fo 77. Fitzh eodem fo 151. and the Register orig fo 159. Consultation consultatio is a writ whereby a cause being formerly remoued by prohibition from the ecclesiasticall court or court christian to the kings court is returned thither againe For the Iudges of the kings court if vpon comparing the libell with the suggestion of the party they do find the suggestion false or not proued and therefore the cause to be wrongfully called from the court christian then vpon this consultation or deliberation they decree it to be returned againe wherevpon the writ in this case obtained is called a consultation Of this you may reade the Register orig fo 44. 45. c. vsque fol. 58. Old nat br fo 32. Fitzh eodem fo 50. Contenement contenementum seemeth to be the free hould land which lyeth to a mans tenement or dwelling house that is in his owne occupation For in magna charta ca. 14. you haue these words A free man shall not be amerced for a small fault but after the quantity of the fault and for a great fault after the maner thereof sauing to him his contenement or free hould And a merchant likewise shal be amerced sauing to him his merchandies and any other villaine then owers shal be amerced sauing his wainage if he take him to our mercy And Bracton li. 3. tracta 2. ca. 1 nu 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti seoundùm quod delictum fuit magnum vel parvum saluo contenemento suo mercator verò non nisi salua merchandiza sua villanus nisi saluo Waniagio suo which mercy seemeth to haue bene learned from the ciuile lawe whereby executio non potest fieri in boues aratra aliaue instrumenta rusticorum l. executores Authen Agricultores Co quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei indica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate Π. de verbo significa Quae tamen rusticorum militum scholarium priuilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Iohan. Eimericus in processu indiciario cap. de Executione senten 79. num 11. Continuance seemeth to bee vsed in the common law as prorogatio is in the ciuile lawe For example Continuance vntil the next assise Eitz nat br fol. 154. F. and 244. D. in both which places it is sayde that if a record in the treasurie be alledged by the one partie and denyed by the other a certiorari shall be siewed to the Treasurer and the chamberlaine of the Exchequer who if they certifie not in the Chauncerie that such a record is there or that it is likely to be in the Tower the king shall send to the Iustices repeating the certificate and will them to continue the assise In this signification it is likewise vsed by Kitchin fol. 202. 199. and also anno 11. H. 6. cap. 4. Continuall claime continuum clameum is a claime made from time to time Within euery yere and day to land or other thing which in some respect we cannot attaine without daunger For example if I be disseised of land into which though I haue right vnto it I dare not enter for feare of beating it behooueth me to hold on my right of entry to the best oportunitie of me mine heyre by approching as neare it as I can once euery yere as long as I liue and so I saue the right of entry to mine heire Termes of law Againe if I haue a slave or villein broken from me and remaining any where within the auncient demesn of the king being in the handes of the king I cannot maintaine the writ de nativo habendo as long as he continueth there but if I claime him within the yeare and the day and so continue my claime vntill I can find him within that compasse I may lawfully lay hold of him as mine owne Fitz. nat br fol. 79. See more in Litleton verbo Continuall claime And the new booke of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a covenant or agreement with a lawfull consideration or cause West parte prim symbol lib. 1. Sect. 10. and lib. 19. Π. de verbo Significa with other places it is thus defined Contractus est negotium inter duos pluresve data opera gestum vt vel vterque invicem vel alteruter obligetur Who so will throughly examine the difference betweene this and pactū and such other words something like in signification let him search the civilians and he shall find worke both pleasant and profitable and well fitting the common lawe also Contra formam collationis is a writ that lyeth against an abbot or his successor for him or his heire that hath giuen land to an Abbey to certaine good vses and findeth that the Abbot or his successour hath made a feofment thereof with the assent of the tenents to

from the French the other from the Saxons both conteining a circuit or portion of the realme into the which the whole land is diuided for the beter gouernment thereof and the more easie administration of iustice So that there is no part of the kingdome that lieth not within some countie and euery county is gouerned by a yerely officer whom we cal a Shyreeue which among other duties belonging to his office putteth in execution all the commandements iudgments of the kings courts that are to be executed within that compasse Fortescue cap. 24. Of these counties there be foure of especiall marke which therefore are tearmed countie Palatines as the county Palatine of Lancaster of Chester of Durham of Ely ann 5. Eliz. 1. c. 23. I read also of the county Palatine of Hexam an 33 H. 8. ca. 10. Vnde quaere And this county Palatine is a Iurisdiction of so high a nature that whereas all plees touching the life or mayhem of man called plees of the crowne be ordinarily held sped in the kings name cannot passe in the name of any other the chiefe gouerners of these by especiall charter from the king did heretofore send out all writs in their owne name and did all things touching iustice as absolutely as the Prince himself in other counties only acknowledging him their superiour and Soueraigne But by the statute anno 27. H. 8. c. 25. this power is much a bridged vnto the which I refer the reader as also to Crom. Iuris fo 137. for the whole course of this court Besides these counties of both sorts there be likewise counties corporate as appeareth by the statute anno 3. Ed. 4. 5. and these be certaine cities or auncient boroughs of the land vpon which the Princes of our nation haue thought good to bestow such extraordinary liberties Of these the famous city of London is one and the principall Yorke another an 32. H. 8. cap. 13. the city of Chester a third an 42. Eliz. cap. 15. Canterburie a fourth Lamb. Eiren. l. 1. cap. 9. And to these may be added many moe but I haue onely obserued out of the statutes other writers the county of the towne of Kingston vpon Hull anno 32. H. 8. cap. 13. the county of the towne of Havorford West anno 35. H. 8. cap. 26. and the county of Litchfield Cromptons Iustice of peace fo 59. a. County is in another significatiō vsed for the County court which the Shyreeue keepeth euery moneth within his charge either by himselfe or his deputie anno 2. Ed. 6 ca. 25. Cromptons Iuris fo 221. Bract. li. 3. c. 7. li. 3. tract 2. cap. 12. Of these counties or shires one with another there are reckoned in England 37. beside twelue in Walet 〈…〉 The word comitatus is also vsed for a iurisdiction or territorie among the Feudists Countie court curia comitatus by M. Lamberd is otherwise called conuentus in his explication of Saxon words and diuided into two sorts one retaining the generall name as the county court held euery moneth by the Shyreeue or his deputie the vnder-shyreeue whereof you may reade in Cromptons iurisd fol. 231. the other called the Turne held twice euery yeare which see more at large in his place and Cromptons Iurisd fol. 231. This countie court had in auncient times the cognition of these and other great maters as may appeare by Glanvile lib. 1. cap. 2 3. 4. by Bracton and Britton in diuers places and by Fleta li. 2. cap. 62. But that was abridged by the statute of Magna charta cap. 17. and much more by 1. Ed. 4. cap. vnico It had also and hath the determination of certaine trespasses and debts vnder forty shillings Britton cap 27. 28. what maner of proceeding was of old vsed in this court see Fleta vbi supra Coursitour See Cursetour Court curia commeth of the French court which signifieth the kings palace or mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus diuided the whole number of the Romaines sometime also the Senate house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curia agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput vrbis c. Court with vs signifieth diuersly as the house where presently the king remaineth with his ordinarie retinue and also the place where iustice is iudicially ministred of which you finde 32. seueral sorts in M. Cromptons booke of Iurisdictions well described And of them most be courts of record some be not and therefore are accompted base courts in comparison of the rest Beside these also there are courts Christian Smith de repub Anglor lib. 3. cap. 9. which are so called because they handle maters especially appertaining to Christianitie and such as without good knowledge in diuinity cannot be well iudged of being held heretofore by Archb. and Bishops as from the Pope of Rome because he chalenged the superioritie in all causes spirituall but sithence his eiection they hold them by the kings authoritie virtue magistratus sui as the Admirall of England doth his court Whereupon it proceedeth that they send out their precepts in their owne names and not in the kings as the Iustices of the kings courts doe And therefore as the appeale from these courts did lie to Rome now by the statute an 25. H. 8. cap. 19. it lyeth to the king in his Chauncerie Court baron curia baronis is a court that euery lord of a maner which in auncient times were called barons hath within his owne precincts Barons in other nations haue great territories and iurisdiction from their Soueraignes as may be proued out of Cassanaeus de gloria mundi parte 5. consideratio 56. by Vincentius de Franchis descis 211. and many others But here in England what they be and haue bene heretofore see in Baron Of this court Baron you may reade your fill in Kitchin that writeth a large booke of it and of a court leete S. Edward Coke in his fourth booke of Reports amongst his copyhold cases fol. 26. b. saith that this court is two after a sort and therefore if a man hauing a maner in a towne and do graunt the inheritance or the copyholders thereunto belonging vnto another this grantee may keep a court for the custumarie tenents and accept surrenders to the vse of others and make both admittances and graunts the other court is of Freeholders which is properly called the court baron wherein the suyters that is the Freeholders be Iudges whereas of the other the Lord or his steward is Iudge Court christian curia christiana See Court Court of Pypowders See Pypowders Court of Requests curia requestarum is a court of equitie of the same nature with the Chancerie principally instituted for the helpe of such

a distinction between those lands that the Lord of a maner hath in his owne hands or in the hands of his leasec dimised vpon a rent for tearme of yeares or life and such other lād appertaining to the said maner which belongeth to free or copy-houlders Howbeit the copyhold belonging to any maner is also in the opiniō of many good lawyers accounted Demeines Bracton in his fourth booke tract 3. ca. 9. nu 5. hath these words Item dominicum accipitur multipliciter Est autē dominicum quod quis habet admensam suam propriè sicut sunt Bordlands anglie Item dicitur dominicum villenagium quod traditur villanis quod quis tempestiuè intempestiue resumere possit pro voluntate sua reuocare Of this Fleta likewise thus writeth Dominicum est multiplex Est autem Dominicum propriè terra admensam assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiuè pro voluntate domini poterit reuocari sicut est de terra commissa tenenda quam diu commissori placuerit poterit dici Dominicum de quo quis habet liberum tenementum alius vsumfructum etiam vbiquis habet liberum tenementum alius curam sicut de custode dicipoter it curatore vnde vnus dicitur a iure alius quoque ab homine Dominicum etiam dicitur ad differentiam eius quod tenetur in seruitio Dominicum est omne illud tenementum de quo antecessor obiit seisitus vt de feudo nec refert cum vsufructu vel sine de quo si eiect us esset si viueret recuperare posset per assissam nomine disseisina licet alius haberet vsum fructum sicut dici poterit de illis qui tenent in villenagio qui vtuntur fruuntur non nomine proprio sed nomine Domini sui Fleta l. 5. c 5. § Dominicū autē And the reasō why copyhold is accoūted Demeanes is because they that be tenents vnto it are iudged in law to haue nor other right but at the will of the lord Soe that it is reputed still after a sort to be in the Lords hands And yet in common speach that is called ordinarily Demeanes which is neither free nor copy It is farder to be noted that Demaine is sometime vsed in a more speciall signification and is opposite to Franck fee. For example those lands which were in the possession of King Edward the confessor are called auncient Demaine all others be called Franck fee. Kitchin fol 98. and the tenents which hould any of those lands be called tenents in auncient demaine the others tenents in franck fee. Kitchin vbi supra And also tenents at the common lawe West parte 2. Simbol titulo Fines Sect 25. The reason is because tenents in auncient Demaine cannot be syewed out of the Lords court Tearmes of the Lawe verbo Auncient Demaine And the tenents in aunciēt demaine though they hould all by the verge and haue none other euidēce but copy of court rolle yet they are saide to haue free hould Kitchin fol. 81. See Awncient demaine Demayne cart of an Abbot seemeth to bee that cart which the Abbot vseth vpon his owe Demaine Anno. 6. H. 3. cap. 21. Demurrer Demorare commeth of the French Demeurer i. manere in aliquo loco vel morari It signifieth in our common lawe a kinde of pawse vpon a pointe of difficultie in any action and is vsed substantiuely For in euery action the controversie consisteth either in the fact or in the lawe if in the fact that is tried by the Iurie if in lawe then is the case plaine to the Iudge or so hard and rare as it breedeth iust doubt I call that plaine to the Iudge wherein hee is assured of the lawe though perhaps the partie and his councell yeeld not vnto it And in such the Iudge with his Assessors proceedeth to Iudgement without farder worke but when it is doubtfull to him and his Associates then is there stay made and a time taken either for the court to thinke farder vpon it and to agree if they can or els for all the Iūstices to meete together in the Chequer chamber and vpon hearing of that which the sergeants shall say of both partes to advise and set downe what is lawe And whatsoeuer they conclude standeth firme without farder remedie Smith de Repub. Angliae lib. 2. cap. 13. West calleth it a Demurrer in chauncery likewise when there is question made whether a parties answer to a bille of complaint c. be defectiue or not and thereof reference made to any of the bench for the examination therof report to bee made to the court parte 2. symb tit Chauncery sect 29. Denariata terrae See Farding deale of land Denizen commeth of the French Donaison i. Donatio and signifieth in our common lawe an Alein that is infrāchised here in England by the Princes charter an dinabled almost in all respects to doe as the kings natiue subiects doe namely to purchas and to possesse lands to be capable of any office or dignitie Yet it is saide to be short of naturalis●●ion because a straunger naturalised may inherit lands by descent which a man made onely a denizen cannot And againe in the charter whereby a man is made denizen there is commonly conteined some one claufe or other that abridgeth him of that full benefite which naturall subiects doe inioy And when a man is thus infránchised he is saide to bee vnder the kings protection or esse ad fidem Regis Angliae before which time he can inioy nothing in England Bracton lib. 5. tractat 5. cap. 25. nu 3. Nay hee and his goods might bee seised to the kings vse Horn in his mirrour of Iustices li. 1. ca. de la Venue de franc plege Deodand Deodandum is a thing giuen or forseited as it were to God for the pacification of his wrath in a case of misaduenture whereby any Christian soule commeth to a violent ende without the fault of any reasonable creature For example if a horse should strike his keeper and so kille him if a man in dryuing a cart and seeking to redresse any thing about it should so fall as the cart wheele running ouer him should presse him to death if one should be felling of a tree and giuing warning to one cōming by whē the tree were neere falling to looke to themselues and any of them should bee slaine neuerthelesse by the fall of the tree In the first of these cases the horse in the second the cart wheele carte and horses and in the third the tree is to be giuen to God that is to be sold and distributed to the poore for an expiation of this dreadfull euent though effected by vnreasonable yea sensles dead creatures Stawnf pl. cor lib. 1. ca. 2. whereof also read Bracton lib. 3. tractat 2. cap. 5. and Britton cap. 7. and West parte 2.

Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse cōmitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno bre●●im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata ●bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must ●bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery tenent to be true to the Lord of whom he holdeth his land And he that holdeth land by this onely oath of fealty holdeth in the freest maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.

hath in time wrought other vses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off intayles and with more certaintie to passe the interest or the title of any land or tenement though not controuerted to whome we thinke good either for yeares or in fee. In so much that the passing of a fine in most cases now is it but mera fictio iuris alluding to the vse for the which it was invented and supposing a doubt or controuersie where in truth none is and so not onely to worke a present prescription against the parties to the concord or fine and their heires but within fiue yeares against all others not expresly excepted if it be leuied vpon good consideration and without Couin as women couert persons vnder 21. yeares or prisoners or such as be out of the realme at the time when it was acknowledged Touching this mater see the statutes anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. anno 31. Elizab. ca. 2. This fine hath in it fiue essentiall parts the originall writ taken out against the conizour the kings licence giuing the parties libertie to accord for the which he hath a fine called the Kings siluer being accompted a part of the Crownes reuenew Thirdly the concord it selfe which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this maner Sc. Inter R. querentem S. E. vxorem eius deforciantes c. Fifthly the foot of the fine which beginneth thus Hac est finalis concordia facta in Curia domini Regis apud Westm à die Paschae in quindecim dies anno c. So as the foote of the fine includeth all containing the day yeare and place and before what Iustice the concord was made Coke vo 6. casu Teye fol. 38. 39. This fine is either single or double A single fine is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours or any of them A double fine containeth a graunt and render backe againe either of some rent common or other thing out of the land or of the land it selfe to all or some of the Cognizours for some estate limiting thereby many times Remainders to straungers which be not named in the writ of couenant West vbi supra sect 21. Againe a fine is of the effect deuided into a fine executed and a fine executory A fine executed is such a fine as of his owne force giueth a present possession at the least in law vnto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is vpon acknowledgement that the thing mentioned in the concord be ius ipsius cognizati vt illa quae idem habet de dono Cognitoris West sect 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the cognizour Cokes reports li. 3. the case of fines fo 89. b. which is in very deed the surest fine of all Fines executorie be such as of their owne force doe not execute the possession in the Cognizeese as fines sur cognizance de droit tantùm fines sur done graunt release confirmation or render For if such fines be not leuied or such render made vnto them that be in possession at the time of the fines leuied the cognizees must needs siew writs of Habere facias seisinam according to their seuerall cases for the obtaining of their possessions except at the leuying of such executory fines the parties vnto whom the estate is by them limited be in possession of the lands passed thereby for in this case such fines doe inure by way of extinguishment of right not altering the estate or possession of the Cognizee but perchaunce bettring it West vbi supra sect 20. Touching the forme of these fines it is to be considered vpon what writ or action the concord is to be made and that is most commonly vpon a writ of couenant and then first there must passe a paire of indentures betweene the Cognizour and Cognizee whereby the Cognizour couenanteth with the cognizee to passe a fine vnto him of such or such things by a day set down And these indentures as they are first in this proceeding so are they saide to lead the fine vpon this couenant the writ of couenant is brought by the Cognizee against the cognizour who therevpon yeeldeth to passe the fine before the Iudge and so the acknowledgement being recorded the cognizout and his heires are presently concluded and all straungers not excepted after fiue yeares once passed If the writ wherevpon the fine is grounded be not a writ of couenaunt but of warrantia chartae or a writ of right or a writ of mesn or a writ of custome and seruices for of all these fines may also be founded West vbi supra sect 23. then this forme is obserued the writ is serued vpon the party that is to acknowledge the fine and then he appearing doth accordingly See Dier fo 179. nu 46. This word fine sometime signifieth a summe of money paide for an Income to lands or tenements let by lease sometime an amends pecuniarie punishment or recompence vpon an offence committed against the king and his lawes or a Lord of a maner In which case a man is said facere finem de transgressione cum Rege c. Regist Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning see Cromptons Iustice of peace fol. 141. b. 143. 144. and Lamberds Eirenarcha libro 4. ca 16. pa. 555. But in all these diuersities of vses it hath but one signification and that is a finall conclusion or ende of differences betweene parties And in this last sence wherein it is vsed for the ending and remission of an offence Bracton hath it li. 2. ca. 15. nu 8. speaking of a common fine that the Countie payeth to the king for false iudgemēts or other trespasses which is to be assessed by the Iustices in Eyre before their departure by the oath of knights and other good men vpon such as ought to pay it with whome agreeth the statute anno 3. Ed. pri ca. 18. There is also a common fine in leetes See Kitchin fo 13. a. v. common fine See Fleta l. 1. ca. 48. Fines pro licentia concordandi anno 21. H. 8. c. 1. See Fine Fine force seemeth to come of the french adiectiue fin and the substantiue force i. vis The adiectiue fin signifieth sometime as much as

craftie wilie or subtill sometime as much as artificiall curious singular exact or perfect as Rien contrefaict fin i. nihil simulatum aut adimitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as is set downe in that worke truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 115. so that this fine force with vs seemeth to signifie an absolute necessitie or constreint not avoidable and in this sence it is vsed old nat br fol. 78. and in the statute anno 35. H. 8. ca. 12. in Perkins Dower fo 321. and Plowden fo 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a writ to Iustices for the disanulling of a fine levied of lands holding in auncient demesn to the preiudice of the Lord Register originall fol. 15. b. Fine capiendo pro terris c. is a writ lying for one that vpon conviction by a Iury hauing his lands and goods taken into the kings hand and his body committed to prison obteineth fauour for a summe of money c. to be remitted his imprisonment and his lands and goods to be redeliuerd vnto him Register orig fo 132. a. Fine levando de tenementis tentis de Rege in capite c. is a writ directed to the Iustices of the cōmon plees whereby to licence them to admit of a fine for the sale of land holding in capite Regist originall fol. 167. a. Fine non capiendo pro pulchre placitando is a writ to inhibit officers of courts to take fines for faire pleading Register original fol. 179. See Beau pleder Fine pro redisseisina capienda c. is a writ that lieth for the release of one laid in prison for a redisseisin vpon a reasonable fine Register originall fol. 222. Finarie See Blomarie Finours of gold and siluer be those that purifie and part those metals from other courser by fire and water anno 4. H. 7. ca. 2. They be also called parters in the same place sometime departers Fireboote for the composition looke Hayboote It signifieth allowance or Estovers of woods to maintaine competent fire for the vse of the tenent First fruites primitiae are the profits of every spirituall liuing for one yeare giuen in auncient time to the Pope throughout all Cristendome but by the statute anno 26. H. 8. cap. 3. translated to the Prince for the ordring wherof there was a court erected an 32. H. 8. ca. 45. but this court was dissolued anno pri Mar. sess 2. ca. 10. sithence that time though those profits be reduced againe to the crowne by the statute anno 1. Eliz. ca. 4. yet was the court neuer restored but all maters therein wont to be handled were transferred to the Exchequer See Annats Fishgarthe anno 23. H. 8. ca. 18. Fitche See furre Fitzherberd was a famous lawyer in the daies of King Henry the eight and was chiefe Iustice of the common plees he wrot two worthie bookes one an abridgement of the common lawes another intituled de Natura brevium Fled●it commeth of the Saxon word Fled that is a fugitiue wit which some make but a termination signifiing nothing of it selfe how be it others say it signifieth a reprehen sion censure or correction It signifieth in our auncient lawe a discharge or freedome from amercements when one hauing been an outlawed fugitiue commeth to the peace of our Lord the King of his owne accord Rastall Exposition of words or being licensed Newe termes of lawe See Bloodwit and Childwit See Fletwit Fleete Fleta is a famous prison in London so called as it seemeth of the riuer vpon the side whereof it standeth Camden Britannia pag. 317. Vnto this none are vsually committed but for contempt to the king and his lawes or vpon absolute commaundemēt of the king or some of his courts or lastly vpō debt when men are vnable or vowilling to satisfie their creditours Flemeswit or rather Fleherswit commeth of the Saxon word Flean which is a contract of Flegen that is to flie away It signifieth with our lawyers a libertie or charter whereby to chalenge the catel or amercements of your man a fugitiue Rastall Exposition of words See Bloodwit Fleta writeth this word two other waies as Flemenesfree vie or Flemesfreicthe and interpreteth it habere catalla fugitivorum li. 1. ca. 47. Fleta is a feigned name of a learned lawyer that writing a booke of the common lawes of England and other antiquities in the Fleete termed it thereof Fleta He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem li. 1. ca. 20. § qui ceperint li. 2. ca. 66. § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flichtwit is a libertie to courts and to take vp the amercements pro melletis he giueth the reasō because Flicht is called Fliting in french Melle which sometime is conioyned with hand-strookes And in some bookes Placitum de melletis is called the moote or plee of beating or striking Flight See Finer Florences anno 1. R. 3. ca. 8. a kinde of cloth so called Flotsen aliâs Flotzam is a word proper to the sease signifiing any goods that by shipwrecke be lost and lie floting or swimming vpon the toppe of the water which with Ietson and lagon and shares be giuen to the Lord Admirall by his leters patents Ietson is a thing cast out of the shippe being in daunger of wrecke and beaten to the shore by the waters or cast on the shore by the marriners Coke vol. 6. fo 106. a. Lagon aliâs Lagam vel Ligan is that which lyeth in the bottome of the sea Coke ibi Shares are goods due to more by proportion Foder fodrum signifieth in our English tongue a course kinde of meate for horses and other catell But among the Feudists it is vsed for a prerogatiue that the prince hath to be provided of corn and other meate for his horses by his subiects towards his wars or other expeditions Arnoldus Clapmarius de arcanis imperii lib. 1. ca. 11. And reade Hotoman de verbis feudalibus litera F. Folgheres or rather Folgers be folowers if we interpret the word according to the true signification Bracton saith it signifieth eos qui alii deserviunt lib. 3. tract 2. cap. 10. Folkmoote is a Saxon word compounded of Folk i. populus Gemettan i. convenire It signifieth as M. Lamberd saith in his explication of Saxon words verbo Conuentus two kind of Courts one nowe called the countie court the other called the Shyreeues turne This word is still in vse among the Londoners and signifieth celebrem ex omni ciuitate conuentum Stowe in his Suruey of London but M. Manwood in his first part of forest lawes pag. 111. hath these words Folkemote is the court holden in London wherein all the folke and people of the citie did complaine on

for the view perrambulation meering bounding of the place that he mindeth to afforest which returned into the chauncerie proclamation is made throughout all the Shire where the ground lieth that none shal hunt or chace any maner of wilde bests within that precinct without the kings speciall licence after which he appointeth ordinances lawes and officers fit for the preseruation of the vert and venison and so becommeth this a forest by mater of record The properties of a forest are these in speciall first a forest as it is truly and strictly taken cannot be in the hands of any but the king the reason is giuen by M. Manwood because none hath power to graunt commission to a Iustice in Eire for the forest but the king parte 1. pag. 87. The second propertie be the courts as the Iustice seate every three yeare the Swainemoote thrice every yeare Idem eodem pag. 90. parte 2. ca. 1. nu 4. 5. and the attachement once every fortie daies Idem eod pag. 92. The third propertie may be the officers belonging vnto it for the preservation of the vert and venison as first the Iustices of the forest the warden or keeper the verders the foristers Agistours Regarders Bailiffes Bedels and such like which you may see in their places See Manwood part 2. ca. 1. nu 4. 5. But the cheife propertie of a forest both by M. Manwood parte 1. pa. 144. and M. Crompton pag. 146. is the Swainmote which as they both agree is no lesse incident vnto it then the court of Pyepowders to a faire Other courts and offices are not so requisite in those forests that are in the hands of subiects because they be not truly forests but if this faile then is there no thing of a forest remaining but it is turned into the nature of a chace See Chace I reade of thus many forests in England The forest of Windsour in Berkshire Cambd. Britan. pag. 213. of Pickering Crompton 190. of Shirwood idem fol. 202. of Englewood in Cumberland anno 4. H. 7. ca. 6. Crompton fol. 42. of Lancaster Idem fol. 196. of Wolemore Stowes Annals pag. 462. of Gillingham Idem pag. 113. of Knaresborow anno 21. H. 8. ca. 17. of Waltham Camd. pag. 328. of Breden Idem pag. 176. of Whiteharte Idem pag. 150. of Wiersdale Idem pag. 589. and Lownsedall ibidem of Deane Idem pag. 266. anno 8. H. 6. ca. 27. anno 19. H. 7. cap. 8. of Saint Leonards in Southsex Manwood parte 1. pa. 144. of Waybridge Sapler Idem eodem pa. 63. of Whitvey pag. 81. of Fekenham Camd. pa 441. of Rockingham Idem pag. 396. Forest de la mer. Idem pag. 467. of Huckstowe Idem pa. 456. of Haye Manwood part 1. pag. 144. of Cantselly eadem pag. of Ashdowne in the county of Sussex anno 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the countie of Northampton anno 33. H. 8. ca. 38. of Fronselwood in com Somerset Cooke li. 2. Cromw case f. 71. b. I heare also of the forest of Exmore in Deuonshire There may be more which he that listeth may looke for Forester forestarius is a sworn officer of the Forest appointed by the Kings leters patents to walke the forest both earely and late watching both the vert and venison attaching and presenting all trespassers against them within their owne bayliwicke or walke whose oath you may see in Crompton fol. 201. And though these leters patents be ordinarily graunted but quam diu bene se gesserint yet some haue this graunt to thē and their heires and thereby are called Foristers or Fosters in fee. Idem fol. 157. 159. Et Manwood parte prima pag. 220. whome in Latine Crompton calleth Foristarium feudi fol. 175. Foreiudger forisiudicatio signifieth in the common lawe a iudgement whereby a man is depriued or put by the thing in question It seemeth to bee compounded of fo rs i. praeter iuger i. iudicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisiudicatur de custodia c. So doth Kitchin vse it fol. 209. and old nat bre fol. 44. 81. and the statute anno 5. Ed. 3. cap. 9. and anno 21. R. 2. cap. 12. Foriudicatus with authors of other nations signifieth as much as banished or as deportatus in the auncient Romaine lawe as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis lib. 3. feudorum Rub. 31. pag. 625. Foregoers be pourveyours going before the king or queene being in progresse to prouide for them anno 36. Ed. 3. cap. 5. Forfeiture forisfactura commeth of the French word forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall lawe then the transgression it selfe as forfeiture of Escheates anno 25. Ed. 3. cap. 2. Statut. de Proditionibus Goods confiscate and goods forfeited differ Stawnf pl. cor fol. 186. where those seeme to be forfeited that haue a knowne owner hauing committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendour as not his owne nor claymed by any other I thinke rather that forfeiture is more generall and confiscation particular to such as forfeit onely to the Princes Exchequer Reade the whole chapter lib. 3. cap. 24. Full forfeiture plenaforisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte prim pag. 341. The Canon Lawyers vse also this word For forisfacta sunt pecuniariae poenae delinquentium Glos in cap. Praesbyteri extra de poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who houlding by knights seruice and being vnder age and vnmaried refuseth her whome the Lord offereth him without his disparagement and marieth another Fitzh nat br fol. 141. H. I. K. L. Register orig fol. 163. b. Forfeng quiet antiam prioris prisae designat in hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. cap. 47. Forgerie See here next following Forger of false deeds Forger of false deedes commeth of the french Forger i. accudere fabricare conflare to beate one an anvile to fashion to bring into shape and fignifieth in our common law either him that fraudulently maketh and publisheth false writings to the preiudice of any mans right or else the writ that lyeth against him that committeth this offence Fitzh nat br fol. 96. B. C. calleth it a writ of deceite See Tearmes of law verbo Forger and Wests Simbol parte 2. Indictments sectio 66. See the new booke of Entries verbo Forger de faits This is a branch of that which the ciuilians call crimen falsi Nam falsarius est qui decipiendi causa scripta publica falsificat Speculator de crimine

is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.

Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi 〈…〉 See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed away by another old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a writ that lyeth against him that is an heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miser●●rdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of

councell held at Vienna in Fraunce he suppressed for their many and great offences as he pretended These Hospitallers be now the knights of Saint Iohn of Malta Cassan gloria mundi parte 9. considerat 5. This constitution was also obeyed in Ed. the 2. time here in England and confirmed by Parlament Tho. Walsing ham in historia Ed. 2. Stawes annals ibidem These are mentioned anno 13. Ed. 1. ca. 43. anno 9. H. 3. ca. 37. Hostelers Hostellarius commeth of the french Hosteler i. Hospes and signifieth with vs those that otherwise we call Inkeepers an 9. Ed. 3. stat 2. c. 11. Hotchepot in partem positio is a word that commeth out of the lowecountries where Hutspot signifieth flesh cut into pretie peeces and sodden with herbs or roots not vnlike that which the Romans called farraginem Festus Litleton saith that literally it signifieth a pudding mixed of diuers ingredients but metaphorically a commxtion or putting together of lands for the equall diuision of them being so put together Examples you haue diuers in him fo 55. and see Briton fol 119. There is in the Ciuile law collatio bonorum answerable vnto it whereby if a child aduaunced by the father in his life time doe after his father decease chalenge a childs part with the rest he must cast in all that formerly he had receiued and then take out an equall share with the others De collatio bonorum Π. lib 37. titulo 6. Housebote is compounded of House and Bote. i. compensatio It signifieth estovers out of the Lords wo●de to vphould a tenement or house Houserobbing is the robbing of a man in some part of his house or his booth or tēt in any faire or market and the owner or his wife children or seruants being within the same for this is felonie by anno 23. H 8. cap. i. and. anno 3. Ed. 6. cap 9. yea now it is felonie thoughe none be within the house anno 39. Eliz ca. 15. See Burglarie see West part 2. sym tit Inditemēts sect 67. Hudegeld significat quiet antiam transgressionis illatae in seruum transgredientem Fleta lib. i. ca 47. Quare whether it should not be Hindegeld Hue and Crie Hutesium Clamor come of 2. french words Huier and Crier both signifiing to shoute or cry a loude M. Manwood parte 2. of his forest lawes ca 19. nu 11. saith that Hew is latine meaning belike the Interiection but vnder reformation I think he is deceiued this signifieth a pursuite of one hauing committed felonie by the high way for if the party robbed or any in the companie of one murdered or robbed come to the Constable of the next towne and will him to raise Hiew and Crie or to make pursuite after the offēdour describing the partie and shewing as neere as he can which way he is gone the Constable ought forthwith to call vpon the parishe for aide in seeking the felon and if he be not found theare then to giue the next Constable warning and he the next vntill the offender be apprehended or at the least vntill he be thus persued to the sea side Of this reade Bracton lib 3. tracta 2. ca. 5. Smith de Repub Anglo lib 2. cap 20. and the statute anno 13. Ed. 1. statute of Winchest c. 3. a. 28. Ed 3. c 11. anno 27. El c 13. The Normans had such a persuite with a Crie after offenders as this is which they called Haro whereof you may reade the Grand Custumarie cap. 54. Some call it Harol the reason whereof they giue to be this that there was a Duke of Normandy called Rol a man of great iustice and seruerity against grieuous offenders and that thereupon when they follow any in this persuite they crie Ha-Rol as if they should say Ah Rol where art thou that wert wont to redresse this or what wouldst thou doe against these wretches if thou now wert liuing But in truth I thinke it commeth from Harier 〈◊〉 flagitare inquiet are vrgere Hue is vsed alone anno 4. Ed. pri Stat. 2. This the Scots call Huesium and M. Skene de verbo signif verb. Huesium saith that it commeth of the french Oye● i. Audite making one etymologie of this and the crie vsed before a proclamation The maner of their hue and cry as he there describeth it is that if a robberie be done a horne is blowne and an out crie made after which if the partie flie away and not yeeld himselfe to the Kings Bayliffe he may be lawfully slaine and hanged vp vpon the next gallowes Of this Hue and crie see Cromptons Iustice of peace fol. 160. b. Huissers See Vshers Hundred Hundredum is a part of a shire so called originally because it conteined ten tithings called in latine Decennas These were first ordeined by king Alfred the 29. king of the West Saxons Stowes Annals pag. 105. of these thus speaketh M. Lamb. in his explica of Saxon words verbo Centuria● Aluredus rex vbi cum Guthruno Daca foedus inierat prudentissimum illud ●lim a Ietr●● Moysi datum secutus consilium Angliamprimus in satrapias Centurias Decurias partitus est Satrapiam shire a shyran quod parti● significat nominavit Centuriam Hundred Decuriā Toothing siue Tienmantale i. Decemvirale collegium appellavit atque iisdem nominibus vel hodie vocantur c. And againe afterward Decrevit tum porro Aluredus liberae vt condicionis quisque in Centuriam ascriberitur aliquam atque in Decemviralt aliquod coniiceretur collegium De minoribus negotiis Decurionet vt tudicarent ac si●quae esset re● difficilior ad Centuriam deferrent diffi●illimas denique maximi mo●●enti lites Senator praepositus in frequenti illo ex omni satrapia conventu componerent Modus autem iudicandi quis fuerit Ethelredus Rex legum quas frequenti apud Vanatingum senatu sancivit capite 4. hiis fere verbis exponit In singulis centuriis comitia sunto atque liberae condicionis viri duodeni aetate superiores vnà cum praeposito sacra tenentes iur anto se adeo virum aliquem innocent em haud damnaturos sortemve absoluturos This forme of diuiding counties into Hundreds for beter gouernment howsoeuer it is attributed to King Alfred here with vs yet he had it from Germanie whence he and his came hither For there centa or centena is a iurisdiction ouer a hundred townes and conteineth the punishment of capitall crimes Andraeas Kitchin in his tractate de sublimi regio territorii iure ca. 4. pa. 123. where he also sheweth out of Tacitus de situ moribus Germa that this diuiuision was vsuall amongst the Germans before his daies By this you vnderstand the original and old vse of Hundreds which hold still in name and remaine in some sort of combination for their seuerall seruices in diuers respects but their iurisdiction is abolished and growne to the countie court some few excepted which haue beene by priuiledge annexed

Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominū status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpō any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio is a dignity which a man hath by a power to doe Iustice in causes of complaint made before him And there be two kinds of Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the

latine word for him was Iusticia and not Iusticiarius as appeareth by Glan lib. 2. cap. 6. Roger Houeden parte poster suorum annalium fo 413. a. and diuers other places which appellation we haue from the Normans as appeareth by the grand custumary cap. 3. and I doe the rather note it because men of this function should hereby consider that they are or ought to be not Iusti in their iudgements but in abstract ips● iusticia how be it I hould it well if they performe their office in concreto Another reason why they are called Iusticiary with vs and not Iudices is bicause they haue their authority by deputation as Delegates to the king and not iure magistratus and therefore cannot depute others in their steed the Iustice of the Forest onely excepted who hath that liberty especially giuen him by the statute anno 32. H. 8. cap. 35. for the Chanceller Marshall Admirall and such like are not called Iusticiarii but Iudices of these Iustices you haue diuers sorts in England as you may perceaue heare following The maner of creating these Iustices with other appertenences reede in Fortescu cap. 51. Iustice of the Kings bench Iusticiarius de Banco regis is a Lord by his office and the cheife of the rest wherefore he is also called Capitalis Iusticiarius Angliae his office especially is to heare and determine all plees of the crowne that is such as concerne offences committed against the crowne dignitie and peace of the King as treasons felonies may hems and such like which you may fee in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled the plees of the crowne from the first chapter to the 51. of the first Booke But either it was from the beginning or by time it is come to passe that he with his assistans heareth all personall actions and reall also if they bee incident to any personall action depending before them See Cromptons Iuridict fol. 67. c. of this court Bracton lib. 3. cap. 7. nu 2. saith thus placita verò ciuilia in rem personam in Curia Domini Regis terminanda coram diuersis iusticiarus terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet vnam propriam sicut aulam regiam iusticiarios capitales qui proprias causas Regis terminant aliorum omnium per querelam vel per priuilegium siue libertatam vt si sit aliquis qui implacitari non debeat nisi coram Domino rege This Iustice as it seemeth hath no patent vnder the broad seale For so Crompton saith vbi supra He is made onely by writ which is a short one to this effect Regina Iohanni Popham militi salutē Sciatis quod consistuimus vos Iusticiarium nostrum capitalem ad placita coram nobis terminandum durante beneplacito nostro Teste c. And Bracton in the place nowe recited speaking of the common plees saith that sine warranto inrisdictionem non habet which I thinke is to be vnderstood of a commission vnder the great Seale This court was first called the kings bench because the King sate as Iudge in it in his proper Person and it was moueable with the court See anno 9. H. 3. cap. 11. more of the Iurisdiction of this court see in Crompton vbi supra See Kings bench The oath of the Iustices see in the statute anno 18. Ed. 3. stat 4. See Oathe Iustice of common plees Iusticiarius communium placitorum is also a Lord by his office and is called Dominus Iusticiarius communium placitorum and he with his assistants originally did heare and determine all causes at the common lawe that is all ciuil causes betweene common persons as well personall as reall for which cause it was called the court of common plees in opposition to the plees of the Crowne or the Kings plees which are speciall and appertaining to him onely Of this and the Iuridisdiction hereof see Cromptons Iurisdiction fo 91. This Court was alwaies setled in a place as appeareth by the statute anno 9. H. 3. cap. 11. The oath of this Iustice and his associats see anno 18. Ed. 3. stat 4. See Oath Iustice of the Forest Iusticiarius Forestae is also a Lord by his office and hath the hearing and determining of all offences within the Kings forest committed against Venison or Vert of these there bee two whereof the one hath Iurisdiction oueral the forests on this side Trent the other of all beyond the cheifest point of their Iurisdiction consisteth vpon the articles of the Kings Charter called Charta de Foresta made anno 9. H. 3. which was by the Barons hardly drawne from him to the mitigation of ouer cruell ordinances made by his predecessors Reade M. Camdens Britan. Pag. 214. See Protoforestarius The Court where this Iustice sitteth and determineth is called the Iustice seate of the Forest held euery three yeares once whereof you may reade your fill in M. Manwoodes first part of Forest lawes pag. 121. 154. pag. 76. He is sometimes called Iustice in Eyre of the forest See the reason in Iustice in Eyre This is the only Iustice that may appoint a deputy per statutum anno 32. H. 8. cap. 35. Iustices of Assise Iusticiarii ad capiendas Assisas are such as were wont by speciall commission to be sent as occasion was offered into this or that county to take Assises the ground of which polity was the ease of the subiects For whereas these actions passe alway by Iury so many men might not without great hinderance be brought to London and therefore Iustices for this purpose were by commission particularly authorised and sent downe to them And it may seeme that the Iustices of the common plees had no power to deale in this kinde of busines vntill the statute made anno 8. Rich. 2. cap. 2. for by that they are enhabled to take Assises and to deliuer Gaols And the Iustices of the kings Bench haue by that statute such power affirmed vnto them as they had one hundred yeares before that Time hath taught by experience that the beter sort of Lawyers being fittest both to iudge and plead may hardly be spared in terme time to ride into the country about such busines and therefore of later yeares it is come to passe that these commissions ad ●apiedas Assisas are driuen to these two times in the yeare out of terme when the Iustices and other may beat leasure for these controuersies also whereupon it is also fallen out that the maters wont to be heard by more generall Commissions of Iustices in Eyre are heard all at one time with these Assises which was not so of ould as appeareth by Bracton lib. 3. c. 7. nu 2. Habet etiam Iusticiarios itinerātes de comitatu in Comitatum quandoque ad omnia placita quandoque ad quaedam specialia sicut Assisas c. ad Gaolas

deliberandas quandoque ad vnicam vel duas non plures And by this meanes the Iustices of both benches being iustly to be accounted the fittest of all others and others their assistants as also the Sergeants at law may be imployed in these affaires who as grauest in yeares so are they ripest in iudgement and therefore likest to be voide of prociality for being called to this dignity they giue ouer practise anno 8. R. 2. cap. 3. but this alway to be remembred that neither Iustice of either bench nor any other may be Iustice of Assise in his owne country anno 8. Rich. 2. cap. 2. anno 33. H. 8. cap. 24. lastly note that in these daies though the selfe same men dispatch busines of so diuers natures and all at one time which were wont to be performed by diuers and at seuerall times yet they doe it by seuerall commissions Cromptons Iurisdictions fo 210. For those who be in one word called Iustices of circuit and twice euery yeare passe by two and two through all Englād haue one cōmission to take Assises another to deliuer Goales another of oyer and terminer That Iustices of Assise and Iustices in Eyre did aunciently differ it appeareth an 27. Ed. 3. cap. 5. and that Iustices of Assise Iustices of goale deliuery were diuerse it is euident by anno 4. Fd. 3. cap. 3. The oath taken by Iustices of assise is all one with the oath taken by the Iustices of the kings bench Ould abridgement of statutes titulo Sacramentum Iusticiariorum See Oath Iustices of oyer and terminer Iusticiarii ad audiendum terminandum were Iustices deputed vpon some especiall or extraordinary occasion to heare and determine some or more causes Fitzherberd in his natura beruium saith that the commission d' oyer and terminer is directed to certaine persons vpon any great assembly insurrection hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely wayed it is prouided by the statute anno 2. Ed. 3. cap. 2. that no such commission ought to be graunted but that they shal be dispatcheo before the Iustices of the one bench or other or Iustices errāts except for horrible trespasses that by the especial fauour of the King The forme of this cōmission see in Fitzh natura breu fol. 110. Iustices in Eyre Iusticiarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis iteneribus prouerbially spoken the vse of these in auncient time was to send them with commission into divers counties to heate such causes especially as were termed the plees of the crowne and therefore I must imagine they were so sent abroad for the ease of the subiects who must els haue beene hurried to the kings bench if the cause were too high for the countie court They differed from the Iustices of oyer and terminer because they as is aboue said were sent vpon some one or fewe speciall cases and to one place whereas the Iustices in Eyre were sent through the prouinces and counties of the land with more Indefinite and generall commission as appeareth by Bracton lib. 3. cap. 11. 12. 13. and Britton cap. 2. And againe they seeme to differ in this because the Iustices of oyer and terminer as it is before said were sent vncertainly vpon any vproare or other occasion in the country but these in Eyre as M. Gwin setteth downe in the preface to his reading were sent but euery seuen yeare once with whome Horn in his myrrour of Iustices seemeth to agree lib. 2. cap. queux poient estre actours c. and lib. 2. c. des peches criminels c. al suyte de Roy c. and lib. 3. c. de Iustices in Eyre where he also declareth what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fo 313. b. hath of them these wordes Iusticiarij itinerantes constituti per Henricum secundum i. qui diuisit regnum suumin sex partes per quarum singulas tres Iusticiarios itinerantes constituit quorum nomina haec sunt c. Iustices of Gaol deliuery Iusticiarii ad Gaolas deliberandas are such as are sent with commission to heare and determine all causes apperteining to such as for any offence are cast into the Gaol part of whose authoritie is to punish such as let to mainprise those prisoners that by lawe be not bayleable by the statute de finibus cap. 3. Fitzh nat br f. 251. I. These by likelyhoode in auncient time were sent to countries vpon this seuerall occasion But afterward Iustices of Assise were likewise authorised to this anno 4. Ed. 3. cap. 3. Their oath is all one with other of the kings Iustices of either bench Ould Abridgement of statutes titulo Sacramentum Iusticiariorum See Othe Iustices of labourers were Iustices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or haue vnreasonable wages See anno 21. Eduardi 3. cap. primo anno 25. eiusd cap. 8. anno 31. eiusdem cap. 6. Iustices of Nisi prius are all one now a daies with Iustices of Assises for it is a common Adiournment of a cause in the common plees to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas and vpon this clause of Adiournment they are called Iustices of Nisi prius as well as Iustices of Assises by reason of the writ or action that they haue to deale in their commission you may see in Cromptons Iurisdsctious fol. 204. yet M. Crompton maketh this difference betweene them because Iustices of Assise haue power to giue iudgement in a cause but Iustices of Nisi prius only to take the verdict But in the nature of both there functions this seemeth to be the greatest difference because Iustices of Nisi prius haue to deale in causes personall as well as reall wheras Iustices of Assise in strict acception deale only with the possessory writs called Assises Iustices of trial bastō alias of trayl baston were a kind of Iustices appointed by King Edward the first vpon occasion of great disorder growne in the Realme during his absence in the Scottishe and French warres they are called in the ould nat bre f. 52. Iustices of triall Baston but by Holynshed and Stow in Edw. pri of Traile baston of trailing or drawing the staffe as Holinshed saith Their office was to make inquisition through the Realme by the verdict of substantiall Iuries vpon all officers as Mayors Shyreeues Bailifes escheatours others touching extortion briberies and other such greeuances as intrusions into other mens lands and Barratours that vsed to take mony for beating of men and also of them whom they did beate by meanes of which inquisitions many were punished by death many by ransome and so the rest flying the

Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opiniō is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or assēt of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatiō and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to ●doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes Cōmodities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmēt of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and

Bracton lib. 2. cap. 16. num 3. and Britton cap. 39. For hee pardoneth life and limme to offendours against his crowne and dignitie except such as he bindeth himself by oath not to forgiue Stawnf pl. cor lib. 2. cap. 35. And Habet omnia iura in manu sua Bracton lib. 2. cap. 24. num prim And though at his coronation he take an oath not to alter the lawes of the land Yet this oath notwithstanding hee may alter or suspend any particular lawe that seemeth hurtfull to the publike estate Blackwood in Apologia Regum c. 11. See Oath of the king Thus much in short because I haue heard some to be of opiniō that the lawes be aboue the king But the kings oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which looke in Oath of the King The kings oath in English you may see in the old abridgement of Statutes titulo Sacram. Regis Fourthly the kings only testimonie of any thing done in his presence is of as high nature and credit as any Record Whence it cōmeth that in all writs or precepts sent out for the dispatch of Iustice he vseth none other witnesse but himselfe alwaies vsing these words vnder it Teste me ipso Lastly he hath in the right of his crowne many prerogatiues aboue any common person be he neuer so potent or honourable whereof you may reade your fill in Stawnf tractate vpon the Statute thereof made anno 17. Ed. 2. though that containe not all by a great number What the kings power is reade in Bracton lib. 2. cap. 24. nu prim 2. King of Heradls Rex Heraldorū is an officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Iudgment seate where the Kinge of England was wont to sitte in his owne person and therefore was it moueable with the court or kings Houshould And called Curia domini Regis or Aula Regia as M. Gwine reporteth in the preface to his readings and that in that and the Exchequer which were the only courts of the king vntill Henry the thirds daies were handled all maters of Iustice as well Ciuill as Criminall whereas the court of common plees might not be so by the statute anno 9. H. 3. cap. 11. or rather by M. Gwins opinion was presently vpon the graunt of the great charter seuerally erected This court of the Kings bench was wont in auncient times to be especially exercised in all Criminall maters plees of the crowne leauing the handling of priuate contracts to the cownty court Glanuil lib. 1. cap. 2. 3. 4. li. 10. cap. 18. Smith de Repub Anglicana lib. 2. cap. 11. and hath president of it the Lord Cheife Iustice of England with three or foure Iustices assistaunts four or fiue as Fortescu saith cap. 51. and officers thereunto belonging the clearke of the crowne a Praenatory or Protonotari and other sixe inferior ministers or Atturnies Camd Britan pag. 112. See Latitat How long this court was moueable I finde not in any wrighter But in Brittons time who wrot In K. Ed the 1. his daies it appeareth it followed the court as M. Gwin in his said preface wel obseruethout of him See Iustice of the Kings Bench. Kings siluer is properly that mony which is due to the king in the court of common plees in respect of a licence there graunted to any man for passing a fine Coke vol. 6. fo 39. a. 43. b. Kintall of woad iron c. is a certaine waight of merchandize to the valew of a hundred or something vnder or ouer according to the diuers vses of sundry nations This word is mentioned by Plowden in the case of Reniger and Fagossa Knaue is vsed for a man seruant a. 14. Ed. 3. stat 1. ca. 3. And by M. Verstigans iudgemēt in his Restitutiō of decaied intelligence ca. 10. it is borowed of the dutch cnapa cnaue or knaue which signifie all one thing and that is some kinde of officer or seruant as scild-cnapa was he that bore the weapon or shield of his superior whom the latines call armigerum and the French men escuyer Knight Miles is almost one with the Saxon Cnight i. Administer and by M. Camdens iudgment pag. 110. deriued from the same with vs it signifieth a gentleman or one that beareth Armes that for his vertue and especially Martiall prowes is by the King or one hauing the Kings authority singled as it were from the ordinary sort of gentlemen and raised to a higher accompt or steppe of dignity This among all other nations hath his name from the Horse Because they were wont in auncient time to serue in warrs one horsbacke The Romans called them Equites the Italians at these daies terme them Cauallieri The French men Cheualliers The German Reiters The Spaniard Caualleros or Varoncs a Cauallo It appeareth by the statute anno 1. Ed. 2. cap. 1. that in auncient times gentlemen hauing a full knights fee and houlding their land by knights seruice of the king or other great person might be vrged by distresse to procure himselfe to be made knight when he came to mans estate for the answerable seruice of his Lorde in the Kings warres To which point you may also reade M. Camden in his Britannia pag. 111 But these customes be not nowe much vrged this dignity in these dayes being rather of fauour bestowed by the Prince vpon the worthier sort of gentlemen then vrged by constraint The maner of making knights for the dignitie is not hereditarie M. Camden in his Britan. pag. 111. shortly expresseth in these words Nostris verò temporibus qui Equestrem dignitatem suscipit flexis genibus educto gladio leuiter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Cheualier au nom de Dieu id est Surge aut Sis Eques in nomine Dei The solemnitie of making Knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the priuiledges belonging to a knight in Fernes Glorie of Generositie pag. 116. Of these knights there be two sorts one spirituall another temporall Cassanaeus in gloria mundi parte 9. Considerat 2. of both those sorts and of many subdiuisions reade him in that whole part The temporall or second sort of knights M. Ferne in his Glorie of generositie pag. 103. maketh threefold here with vs. Knights of the sword Knights of the Bath and Knights of the soueraigne Order that is of the Garter of all which you may reade what he saith I must remember that mine intent is but to explain the termes especially of our common lawe Wherefore such as I find mentioned in Statutes I will define as I can M Skene de verb. significat verbo Milites saith that in the auncient lawes of Scotland Freeholders were called Milites Which may seem to haue bene a custome with vs

Mulmutius lawes saith out of Geruasius Tilburiensis that of the other three William the Conquerour chose the best and to them adding of the Norman lawes such as he thought good he ordeined lawes for our kingdome which we haue at this present or the most of them Lawe hath an especiall signification also wherein it is taken for that which is lawfull with vs and not els where As tenent by the courtesie of England anno 13. Ed. 1. cap. 3. and againe to wage lawe vadiare legem and to make lawe facere legem Bracton lib. 3. tract 2. cap. 37. is to chalenge a speciall benefite that the lawe of this Realme affordeth in certaine cases whereof the first sc vadiar● legem is to put in securitie that he will make lawe at a day assigned Glanuile lib. 1. cap. 9. and to make law is to take an oath that he oweth not the debt chalenged at his hand and also to bring with him so many men as the court shall assigne to avowe vpon their oath that in there consciēces he hath sworne truly And this lawe is vsed in actions of debt without specialty as also where a man comming to the court after such time as his tenements for default be seised into the Kings hands will denie himselfe to haue beene summoned Glanuile lib. 1. cap. 9. 12. and See Bracton vbi supra nu 1. v. Kitchin fol. 164. See the newe exposition of lawe Termes verbo Ley this is borrowed from Normandie as appeareth by the grand Custumarie cap. 8y But Sir Edward Cooke saith it springeth originally from the iudiciall lawe of god li. 4. of his reports Slades case fol. 95. b. alleaging the 22. cap. of Exodus versu 7. Whether so or not the like custome is among the Feudists by whome they that come to purge the defendant are called Sacramentales libro feud 1. tit 4. § 3. titulo 10. titulo 26. Lawe of armes ius militare is a law that giueth precepts rules how rightly to proclaime warre to make and obserue leagues truce to set vpon the enemie to retire to punish offendours in the campe to appoint souldiers their pay to giue euery one dignitie to his desert to diuide spoiles in proportion and such like for farder knowledge wherof reade those that write de iure bells Lawe day signifieth a leete Cromptons Iurisdict fol. 160. and the county court anno 1. Ed. 4. cap. 2. Lawles man is he qui est extra legem Bracton lib. 3. tract 2. cap. 11. nu 1. See Outlawe Lawe of Marque See Retrisalles This word is vsed anno 27. Ed. 3. stat 2. ca. 17. and groweth from the German word March i. limes a bound or limite And the reason of this appellation is because they that are driuen to this lawe of reprisall do take the goods of that people of whome they haue receiued wrong and cannot get ordinary iustice when they can catch them within their owne territories or precincts Lawe Merchant is a priuiledge or speciall lawe differing from the common lawe of England and proper to merchants and summary in proceeding anno 27. Ed. 3. stat 8. 9. 19. 20. anno 13. Ed. 1. stat tertio Lawing of dogs expeditatio canum See Expeditate Mastifs must be lawed euery three yeare Cromptons Iurisd fol. 163. Lease lessa commeth of the French laysser i linquere relinquere omittere permittere It signifieth in our common lawe a dimise or letting of lands or tenements or right of common or of a rent or any hereditament vnto another for terme of yeares or of life for a rent reserued And a lease is either written called a lease by Indenture or made by word of mouth called a lease paroll See the newe Termes of the lawe The party that letteth this lease is called the leassour and the partie to whom it is let the leassee And a lease hath in it sixe points viz. words importing a dimise a leassee named a commencement from a day certaine a term of yeares a determination a reseruation of a rent Coke vol. 6. Knights case fol. 55. a. Leete leta is otherwise called a lawe day Smith de Republ. Anglor lib. 2. cap. 18. the word seemeth to haue growne from the Saxon Lethe which as appeateth by the lawes of king Edward set out by M. Lamberd num 34. was a court or iurisdiction aboue the Wapentake or Hundred comprehending three or foure of them otherwise called Thryhing and contained the third patt of a Prouince or Shire These iurisdictions one and other be now abolished and swallowed vp in the Countie court except they be held by prescription Kitchin fol. 6. or charter in the nature of a franchise as I haue said in Hundred The libertie of Hundreds is rare but many Lordes together with their courts Baron haue likewise Leetes adioyned and thereby do enquire of such transgressions as are subiect to the enquirie and correction of this Court whereof you may read your fill in Kitchin from the beginning of his booke to the fifth chapter and Briton cap. 28. But this court in whose maner soeuer it be kept is accompted the kings court because the authoritie thereof is originally belonging to the Crowne and thence deriued to inferiour persons Kitchin fol. 6. Iustice Dyer saith that this Leete was first deriued from the Shyreeues Turn fol. 64. And it enquireth of all offences vnder high treason committed against the Crowne and dignitie of the king though it cannot punish many but must certifie them to the Iustices or Assise per Statut. anno 1. Ed. 3. cap. vlt. Kitchin fol. 8. but what things bee onely inquirable and what punishable see Kitchu in the charge of a court Leet fol. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. See also the Statute anno 18. Ed. 2. The Iurisdiction of Bayliffes in the Dutchy of Normandie within the compasse of their Prouinces seemeth to be the same or very neare the ●ame with the power of our Leete cap. 4. of the grand Custumarie Legacie legatum is a particular thing giuen by last will and testament For if a man dispose or transferre his whole right or estate vpon another that is called Haereditas by the Ciuilians and he to whome it is so transferred is tearmed haeres Howbeit our common Lawyers call him Heire to whom all a mans lands and hereditaments doe descend by right of bloud See Heire See Hereditaments Leproso amouendo is a writ that lyeth for a Parish to remoue a Leper or Lazar that thrusteth himselfe into the company of his neighbours either in church or other publike meeting and communeth with them to their annoyance or disturbance Regi orig fol. 267. Fitz. nat br fol. 234. Lestage aliâs lastage lastagium proceedeth from the Saxon word last i. onus and is a custome chalenged in Faires markets for carying of things Rastals Exposition of words or a custome chalenged in cheapings or Faires Saxon in the description of England

cap. 11. Lastage anno 21. R. 2. cap. 18. seemeth to be the Ballance of a shippe Fleta tearmeth it Lesting saying quòd significat acquietantiā Lestagii lib. 1. cap. 47. § Lesting Leters of exchaunge literae Cambitoriae vel litera Cambii Regist orig fol. 194. a. Leters patents literae patentes be writings sealed with the broad Seale of England whereby a man is authorized to do or enioy any thing that otherwise of himselfe he could not anno 19. H. 7. cap. 7. And they be so tearmed of their forme because they be open with the Seale hanging readie to be shewed for the confirmation of the authoritie giuen by them If any will say that leters patents may bee graunted by common persons I will not greatly contend For I find that to be true in Fitzh nat br fol. 35. E. Howbeit they bee called rather patents in our cōmon speech then Leters patents Leters patents to make Denizens anno 32. H. 6. cap. 16. yet for difference sake the kings leters patents be called leters patents royall anno 2. H. 6. cap. 10. There is likewise a writ patent Fitzh nat br fol. 1. seqq Leuari facias is a writ directed to the Shyreeue for the leuying of a Summe of money vpon lands and tenements of him that hath forfeited a recognizance c. Regist origin fol. 298. b. 300. b. Leuari facias damna de disseisitoribus is a writ directed to the Shyreeue for the leauying of dammages wherein the disseisour hath formerly beene condemned to the disseisee Regist fol. 214. b. Leuari facias residuum debiti is a writ directed to the Shyreeue for the leuying of a Remanent of a debt vpon lands and tenements or chatels of the debtor that hath in part satisfied before Regist orig fol. 299. Leuari facias quando vicecomes returnavit quòd non habuit emptores is a writ commaunding the Shyreeue to sell the goods of the debtor which he hath alreadie taken returned that he could not sell them and as much more of the debtours goods as will satisfie the whole debt Regist orig fol. 300. a. Leter of Atturney litera Atturnatus is a writing authorizing an Atturney that is a man appointed to do a lawfull act in our steedes West parte prim symbol lib. 2. sect 559. It is called in the ciuile lawe mandatum or procuratorium There seemeth to be some difference betweene a leter of Atturney and a warrant of Atturney For whereas a leter of Atturney is sufficient if it be sealed and deliuered before sufficient witnesse a warrant of Atturney must be acknowledged and certified before such persons as fines bee acknowledged in the country or at the least before some Iustice or Sergeant West parte 2. symbol titulo Recoveries sect 1. F. See the statute anno 7. R. 2. cap. 14. Leters of Marque See Marque and lawe of Marque See Reprisals see a. 14. Hen. 6. cap. 7. Leters patents of summons for debt anno 9. H. 3. cap. 18. Leuy Leuare commeth of the French Leuer i. alleuare attoller● It is vsed in our common law for to set vp any thing as to leuy a mill Kitchin fol. 180. or to cast vp as to leuy a ditch Old nat br fol. 110. or to gather and exact as to leuy mony See Leu●ri facias Libell Libellus literally signifieth a litle booke but by vse it is the originall declaration of any action in the ciuill lawe anno 2. H. 5. cap. 3. anno 2. Ed. 6. cap. 13. it signifieth also a criminous report of any man cast abroad or otherwise vnlawfully published in writing but then for difference sake it is called an in famous libel famosus libellus Libello habendo See Copia libelli de liberanda Libera Chasea habenda is a writ Iudiciall graunted to a man for a free chace belonging to his maner after he hath by a Iury prooued it to belong vnto him Register Iudiciall fol. 36. 37. Liberate is a warrant issuing out of the Chaūcery to the Treasurer Chamberlaines and Barons of the Exchequer or clerk of the Hamper c. for the payments of any annuall pension or other summes graunted vnder the broad seale v. Brooke titulo Taile d'Exchequer nu 4. orig Reg. fol. 193. a. b. or sometime to the shyreeue c. n. br f. 132. for the deliuery of any lands or goods taken vpon forfeits of a Recognisaunce Fitzh nat br fol. 131. 132. v. Coke li. 4. Fulwods case so 64. 66. 67. It is also to a Gaoler from the Iustices for the deliuery of a prisoner that hath put in baile for his appearaunce Lamb. Eirenarch lib. 3. cap. 2. Libertate probanda is a writ that lyeth for such as be chalendged for slaues and offer to proue themselues free to the Shyreeue that he take security of them for the prouing of their freedome before the Iustices of Assise and prouide that in the meane time they be quiet from their vexations that chalenge them for slaues Fitz. nat br fol. 77. See Natiuo habendo Libertatibus allocandis is a writ that lyeth for a citizen or Burges of any citie that contrarily to the liberties of the city or towne whereof he is is impleaded before the kings Iustices or Iustices errants or Iustice of the Forest c. that refuseth or deferreth to allow his priuiledge Orig. Regist fol. 262. Fitz. nat br fol. 229. Libertatibus exigendis in itinere is a writ whereby the king willeth the Iustices in eyre to admit of an Atturney for the defence of another mans libertie c. before them Regist origin fol. 19. b. Libertas libertas is a priuiledge held by graunt or prescription whereby men enioy some benefite or fauour beyond the ordinarie subiect Liberties royal what they be see in Bracton lib. 2. cap. 5. Broke hoc titulo See Franchise Librata terrae containeth foure oxegangs and euery oxegange 13. acres Skene de verb. signif verbo Bovata terrae See Farding deale of land Licence to go to election Licentia eligendi Regist fol. 294. See Conge d'eslire Licence to arise licentia surgendi is a libertie giuen by the Court to a tenent that is essoyned de malo lecti in a reall action For the lawe is that in this case he may not arise out of his bed or at least goe out of his chamber vntill he haue bene viewed by Knights thereunto appointed and so vpon view of his sicknesse haue a day assigned him to appeare or else lye vntill he be licenced by the court to arise And the reason of this is as I take it because it may appeare whether he caused himselfe to be essoyned deceitfully yea or not And therefore if the demaundant can prooue that he be seene out of his chamber walking vp and downe his grounds or els going abroad vnto any other place before he be viewed or haue licence of the court he shal be adiudged to be deceitfully essoyned and to haue made default Of this see Bracton lib. 5.

day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme any thing but the body of a man and that mainpernours be those that free the body of a man And that pledges therefore belong properly to reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur ●i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmēt which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secōd such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth

dwelling on the Marches of Wales or Scotland who in times past as M. Camden saith pag. 453. had their priuate lawes much like as if they had beene Kings which now be worne out Of these Marchers you may reade anno 2. H. 4. cap. 18. anno 26. Hen. 8. cap. 6. anno 1. Ed. 6. cap. 10. where they are called Lord Marchers See anno 27. Hen. 8. cap. 26. howe these were extinguished Mareshall Mariscallus is a French word signifying as much as Tribunus Celerum or Tribunus militum with the auncient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de Nobilitate ca. 8. p. 42. nu 17. The french word may seeme also among many other that they haue to proceede from the German Marschalk i. equitum magister which Hotoman in verbis feudalibus verbo Marschalkus deriueth from the old word March signifiing a house with whome agreeth Lupanus de Magistratibus Eranciae lib. pri ca. Marcshallus Others make it of these two Saxon words Mar. i. equus and scalch i. praefectus or as M. Verstegan saith from Mare the generall appellation of all horses as hors is now in Englishe and Scalc which in the auncient language of the Netherlanders he affirmeth to signifie a kind of seruant as Scalco doth at this day among the Italians being originally a Dutch word with vs there be diuers officers of this name but one most noble of all the rest who is called Lord or Earle Marshall of England of whome mention is made in diuers statutes as anno 1. H. 4. ca. 7. 14. anno 13. Rich. 2. ca. 2. His office consisteth especially in maters of warre and armes as well with vs as in other countries whereof you may reade in Lupanus vbi supra and Tilius li. 2. ca. de Conestabili Mariscallo c. But he that will knowe the office of our Lord Marshall had neede beside the fewe statutes which concerne him to read his commission and also to haue acces to the Heradls who out of their antiquities are able to discouer much that by prescription belongeth vnto this office The next to this is the Marshal of the Kings house whose especiall authoritie is according to Britton and M. Gwin in the preface to his reading in the Kings place to heare and determine all plees of the Crowne and to punish faults committed within the verge to heare and determine suites betweene those of the kings houshold and others within the verge Cromptons Iurisdict fol. 102. of him you may reade Fitzh nat br fol. 241. B. and anno 18. Ed. 3. statut 2. ca. 7. anno 27. Ed. 3. stat 2. c. 6. an 2. H. 4. c. 23. a. 15. H. 6. c. 1. Fleta saith that the office of the Marshall of the kings house belongeth to the Earle of Northf in fee and that he may appoint with the Kings consent a Knight vnder him to execute the office which office he also describeth to be especially to execute the iudgements decrees of the Steward to haue the keeping of the prisoners li. 2. cap. 4. and read farder of his office in the 5. chapter of the said booke which is to dispose of the Lodging in the Kings houshold vnder the Chamberlaine and to cleere the Verge of strumpets c. anno 5. Hen. 3. statut 5. Then be there other inferiour officers of this name as Marshall of the Iustices in Eyre anno 3. Ed. 1. ca. 19. Marshall of the Kings bench anno 5. Ed. 3. ca. 8. and this is he which hath the custodie of the prison called the Kings bench in Southwarke Fitzh nat br fol. 251. I. And these inferiour Marshalls be either ad placitum or in fee Kitchin fol. 143. I finde also in Fleta li. 2. ca. 15. mention of a Marshall of the Kings hall whose office is when the tables be prepared and clothes laide to call out both those of the houshold and straungers according to their worth and decently to place them to reiect vnworthy persons to knowe the number of the hall and to testifie it at the next accompt to see dogs kept out to saue the almes from filching to see filence kept and euery man competently serued with meate and drinke and when the courte remoueth to appointe euery one of the houshold his lodging There is also a Marshall of the esche quer anno 51. H. 3. sta 5. to whome the courte committeth the custody of the kings debters during the terme time to the end they may be farder imprisoned if they cleere not their debts He also assigneth Shyreeues escheators customers and collectors their auditours before whome they shall accompt He hath all inquisitions taken before escheators virtute officii deliuered vnto him to be deliuered by him to the treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshall or word for word the seate of the Marshall of whome see Cromptons Iurisdict fol. 102. It is also vsed for the prison in Southwarke the reason whereof may be because the Marshall of the kings house was wont perhaps to sit there in iudgment See the statute anno 9. R. 2. cap. 5. anno 2. Hen. 4. ca. 23. Martiall lawe is the law that dependeth vpon the voice of the king or the kings leiuetenent in warres For how be it the king for the indifferent and equall temper of lawes to all his subiects doe not in time of peace make any lawes but by the consent of the three estates in Parlament yet in warres by reason of great daungers rising of small occasions he vseth absolute power in so much as his word goeth for law And this is called Martiall law Smith de repub Angli li. 2. c. 3. See Law of armes Mariage Maritagium signifieth not onely the coupling together of man and wife but also the interest of bestowing a ward or a widow in mariage Magna charta ca 6. anno 9. He. 3. and Bracton lib. 2. ca. 3. and also it signifieth land giuen in mariage Bracton li. 2. ca. 34. 39. And in this signification the same authour saith that Maritagium est aut liberum aut seruitio obligatum li. 2. ca. 7. nu 3. 4. Liberum maritagium dicitur vbi donator vult quòd terra sic data quieta sit libera ab omni seculari seruitio quod ad Dominum feudi possit pertinere et ita quòd ille cui sic data fuerit nullum omninò inde faciat seruitium vsque ad tertium haeredem vsque ad quartum gradum ita quòd tertius heres sit inclusivus See the rest See also Skene de verbo significatione verbo Maritagium who is worth the reading Maritagio amisso per defaltam is a writ for the tenent in frank mariage to recouer lands c. whereof he is deforced by another Regist fol. 171. Maritagio forisfacto is a writ See Forisfactura Maritagii Marke merca commeth of the Saxon

by misprision of Clerks no processe shal be admitted Misprision of treason is the concealement or not disclosing of knowne treason for the which the offendours are to suffer imprisonment during the Kings pleasure loose their goods and the profits of their lands during their liues Crompton in his Iustice of peace cap. Misprision of felony fol. 40. West parte 2. symbol titulo Inditements sect 63. in siue Misprision of felonie seemeth only finable by the Iustices before whome the party is attainted Crompton Iustice of peace vbisupra The Iustices of the common place haue power to assesse fines and amerciaments vpon persons offending for misprisions contempts or negligences for not doing or misdoing any thing in or concerning fines West parte 2. symbol titulo Fines sect 133. Iustices of Assise shall amend the defaults of Clerks misprising of a sillable or leter in writing Cromptons Iurisd fol. 208. But it is to be noted that other faults may be accompted misprisions of treasons or felonie because certaine later statutes doe inflict that punishment vpon them that of old hath beene inflicted vpon misprisions whereof you haue an example anno 14. El. ca. 3. of such as coine foreine coines not current in this Realme and of their procurers aiders and abetters And see the newe exposition of lawe Termes Misprision signifieth also a mistaking anno 14. Ed. 3. stat pri ca. 6. Misses See Mise Misuser is an abuse of libertie or benefite As he shall make fine for his misuser old nat br fol. 149. Mistery mysterium commeth of the latine Mysterium or rather from the French Mestier i. ars artificium an art or occupation Mittendo manuscriptum pedis finis is a writ Iudiciall directed to the Treasurer and Chamberlaines of the Exchequer to search and transmit the foote of a fine acknowledged before Iustices in Eyre into the common plees c. Register fol. 14. a. b. Mittimus signifieth a precept sent by the King out of his Bench to those that haue the custodie of fines levied that they send them by a day assigned to his Bench West parte 2. symbol titulo Eynes sect 138. F. 154. B. and also to the Exchequer for certificate that Iudgment is giuen for the liuerie of lands to such or such a one out of the Kings hands whervpō he is dismissed also out of the exchequer a. 5. R. 2. c. 15. of diuers other vses and applicatiōs of this Mittimus see the Register originall in the table of the booke Moderata misericordia is a writ that lieth for him that is amersed in court Baron or other being not of Record for any transgression or offence beyond the qualitie of a fault It is directed to the Lord of the court or his Bayliffe commanding them to take a moderate amerciament of the party and is founded vpon Magna charta ca. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti c. The rest touching this writ see in Fitzh nat br fol. 75. See Misericordia Modo forma are words of art in a processe and namely in the answer of the defendant wherby he denieth himselfe to haue done the thing layde to his charge modo forma declarata Kitch fol. 232. It signifieth as much as that clause in the ciuile lawe Negat allegata prout allegantur esse vera Moitye commeth of the French Moitiè id est coaequa vel mediapars and signifieth the halfe of any thing Litleton fol. 125. Monks clothes anno 20. Hen. 6. cap. 10. Moniers Monetari● Register original fol. 262. b. anno 1. Ed. 6. ca. 15. be ministers of the Mint which make and coine the Kings mony It appeareth by some antiquity which I haue seen that in auncient times our kings of England had mints in most of the countries of this Realme And in the tractate of the Exchequer writen by Ockham I finde that whereas the Shyreeues ordinarily were tyed to pay into the Exchequer the kings sterling for such debts as they were to answer they of Northumberland and Cumberland were at libertie to pay in any sort of mony so it were siluer And the reason is there giuen because those two shires monetarios de antiqua institutione non habent Monstrance de droyt is as much to say as shewing of his right It signifieth in our cōmmon lawe a sulte in Chancerie to be restored to lands or tenements that indeede be mine in right though they were by some office found to be in possessiō of another lately dead See Stawnf praerog ca. 21. at large and Brooke titulo Petition of this also reade Sir Edward Cookes reports lib. 4. fol. 54. b. c. the Wardens of the Sadlers case Monstrauerunt is a writ that lieth for tenents that hold freely by charter in auncient Demeane being distreined for the payment of any tolle or imposition contrary to their libertie which they do or should enioy which see in Fitzh nat br fol. 14. Morian is all one in significatiō with the french Morion i. cassis a head peece which word the french man boroweth from the Italian morione anno 4. 5. Phi. Ma. ca. 2. Morlinge aliâs Mortling seemeth to be that wolle which is taken from the skinne of a dead sheep whether dying of the rotte or being killed anno 27. H. 6. ca. 2 This is writen Morki● anno 3. Iaco. ca. 8. Mort d'auncester See Assise Mortgage Mortuum vadium vel Morgagium is compounded of 2. French words Mort id est mors and Gage id est pignus merces It signifieth in our common lawe a pawne of land or tenement or anything moueable laid or bound for mony borowed peremptorily to be the creditours for euer if the mony be not paide at the day agreed vpon And the creditour holding land or tenement vpon this bargaine is in the meane time called Tenēt in mortgage Of this we reade in the grand Custumarie of Normandie cap. 113. in these wordes Notandum insuper est quod vadiorum quoddam viuum quoddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat vt terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis prouentibus acquir atur Vt terra tradita in vadium pro centum solidis vsque ad tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de eiusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus mortuum vadium dicitur illud cuius fructus vel reditus interim percepti in nullo se acquietant Soe you see by both these bookes that it is called a dead gage because whatsoeuer profit it yeeldeth yet it redeemeth not it selfe by yelding such profit except the whole somme borowed be likewise paid at the day See M. Skene de

verborum signif eodem He that layeth this pawne or gage is called the Mortgager he that taketh it the Mortgagee West par 2. symb titulo Fines sect 145. This if it containe excessiue vsurie is prohibited anno 37. H. 8. c. 9. Mortmaine Manus mortua is compounded of two french words Mort. i. mors and Main i. manus It signifieth in the common lawe an alienation of lands or tenements to any corporation guilde or fraternitie and their successours as Bishops parsons vicars c. which may not be done without licence of the king and the Lord of the maner The reason of the name proceedeth from this as I conceiue it because the seruices and other profits due for such lands as escheates c. comme into a dead hand or into such a hand as holdeth them and is not of power to deliuer them or any thing for them backe againe Magna charta cap. 36. anno 7. Ed. prim commonly called the statute of Mortmaine and anno 18. Ed. 3. statut 3. cap. 3. anno 15. Richard 2. cap. 5. Polydor. Virgill in the 17. booke of his Chronicles maketh mention of this lawe and giueth this reason of the name Et legem hanc manum mortuam vocarunt quòd res semel datae collegiis sacerdotum non vtique rursus venderentur velut mortuae hoc est vsui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic vt nihil possessionum ordini sacerdotali a quoquam detur nisi Regio permissu But the former statutes be some thing abridged by anno 39. Elizabeth cap. 5. by which the gift of lands c. to Hospitals is permitted without obteining of Mortmaine Hotoman in his commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae vsurpatur de ijs quorum possessio vt ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An vsusfructus 56. D. de vsufr legat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Iudiciis Haec Hotemanus read the rest Amortizatio est in manum mortuam translatio Principis iussu Petrus Belluga in speculo principum fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may reade a learned tractate both of the begicning and nature of this doctrine To the same effect you may read Cassa de consuetu Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive vniuersitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu a contrario sensu because communalties neuer die Mortuary Mortuarium is a gift lest by a man at his death to his parish church for the recompence of his personall tithes and offerings not duly payed in his life time And if a man haue three or more catell of any kind the best being kept for the lord of the fee as a Heriot the second was wont to be giuen to the persō in right of the church cap. statutum De consuetu in provincial Touching this you haue two statutes one anno 13. Ed. pri commonly called Circumspectè agatis whereby it appeareth that Mortuaries are suable in the court Christian the other anno 21. H. 8 cap. 6. whereby is set downe an order and rate in mony for mortuaries Mulier as it is vsed in the common lawe seemeth to be a word corrupted and vsed for Melior or rather the French Melieur It signifieth the lawfull issue preferred before an elder brother borne out of matrimony anno H. 6. cap. 11. Smith de repub Anglo lib. 3. cap. 6. But by Glanuile lib. 7 ca. pri the lawfull issue seemeth rather Mulier then Melior because it is begotten è Muliere and not ex Concubmâ for he calleth such issue filios mulierato● opposing them to bastards And Britton cap. 70. hath frere mulier i. the brother begotten of the wise opposit to frere bastard This seemeth to be vsed in Scotland also for M. Skene de verborum signifi verbo Mulieratus filius saith that Mulieratus filius is a lawful son begotten of a lawfull wife Quia mulieris appellatione vxor continetur l. Mulieris 13. ibid. glossa de verborum significatine Mulmutius lawes See Lawe Multure molitura vel multura commeth neare the French moulture and signifieth in our common lawe the tolle that the miller taketh for grinding of corne Murage muragium is a tolle or tribute to be leuied for the building or repayring of publike edifices or walles Fitz. nat br fol. 227. D. Murage seemeth also to be a libertie graunted by the King to a towne for the gathering of money toward walling of the same anno 3. Ed. 1. cap. 30. Murder murdrum is borowed of the French meurtrier i. carnifex homicida or meurtre i. internecio homicidium The new Expositour of the lawe termes draweth it from the Saxon word mordren signifying the same thing It signifieth in our common lawe a wilfull and felonious killing of any other vpon prepensed malice anno 52. H. 3. cap. 25. West part 2. symbol titulo Inditements sect 47. Bracton lib. 3. tract 2. cap. 15 num prim defineth it to be Homicidium quod nullo praesente nullo sciente nullo audiente nullo vidente clam perpetratur And of the same minde is Britton cap. 6. as also Fleta lib. 1. cap. 30. yet Fleta saith also that it was not murder except it were proued the partie slaine were English and no straunger But as Stawnf saith pl. cor lib. 1. cap. 2. the lawe in this point is altered by the statute anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined When a man vpon prepensed malice killeth another whether secrotly or openly it maketh no mater or be he an English man or a forainer liuing vnder the Kings protection And prepensed malice is here either expresse or implyed expresse when it may be euidently proued that there was formerly some euill will implyed when one killeth another sodainly hauing nothing to defend himselfe as going ouer a style or such like Crompton Iustice of peace in the chapter of Murder fol. 19. b. See M. Skene de verbor signif verbo Murdrum This by the Latine Interpretour of the graund Custumarie of Normandy is called multrum cap. 68. See Were Muster commeth of the French moustre i. specimen spectamen exemplum as feire moustre generale de toute son armee is as much as lustrare exercitum The signification is plaine Mustred of record anno 18. H. 6. cap. 19. seemeth to be dare nomen or to bee inrolled

cap. 17. Bartolus in his Tractate De Nobilitate which he compiled vpon the lawe Si vt proponis C. de dignitatibus libro 12. rehearseth foure opinions de Nobilitate but reiecteth them and himselfe defineth it thus Nobilitas est qualitas illata per principatum tenentem qua quis vltra honestos plebeios acceptus ostenditur But this definition is too large for vs except we will accompt Knights and Banerets inter plebem which in mine opinion were too harsh For Equites among the Romanes were in a middle ranke inter Senatores plebem Nocumento See Nusance Nomination nominatio is vsed by the Canonists and common Lawyers for a power that a man by vertue of a maner or otherwise hath to appoint a Clerke to a patron of a benefice by him to be presented to the Ordinarie New termes of the lawe Non-abilitie is an exception taken against the plaintiffe or demandant vpon some cause why he cannot commence any suite in lawe as a Praemunire Outlawrie Villenage Excommunication or because he is a stranger borne The Ciuilians say that such a man hath not personam standi in iudicio See Broke hoc titulo see Fitzh nat br fol. 35. A. fol. 65. D. fol. 77. C. The new Expositour of lawe termes reckoneth sixe causes of Non-ability as if he be an outlawe a stranger borne condemned in a premunire professed in religion excommunicate or a villein Howbeit the second cause holdeth onely in actions reall or mixt and not in personall except he be a straunger and an enemie Non admittas See Ne admittas Non-age is all the time of a mans age vnder one and twenty yeares in some cases or fourteen in some as mariage See Broke titulo Age. See Age. Non capiendo clericum See Clerico non capiendo Non clayme Cromptons Iurisd fol. 144. seemeth to be an exception against a man that claimeth not within the time limited by lawe as within the yeare and day in case where a man ought to make continuall claime or within fiue yeares after a fine leuyed v. Coke lib. 4. in prooemio See Continuall clayme Non compos mentis is of foure sortes first he that is an idiot borne next he that by accident afterward wholy leeseth his wits thirdly a lunaticke that hath somtime his vnderstanding and sometime not lastly hee which by his own act depriueth himselfe of his right mind for a time as a drunkard Coke lib. 4. fol. 124. b. Non distringendo is a writ comprising vnder it diuers particulars according to diuers cases all which you may see in the Table of the Register original verbo Non distringendo Non est culpabilis is the generall answer to an action of trespasse whereby the defendant doth absolutely deny the fact imputed vnto him by the plaintiffe whereas in other especiall answers the defendaunt graunteth the fact to be done and alledgeth some reason in his defence why he lawfully might doe it And therefore whereas the Rhetoricians comprise all the substance of their discourses vnder three questions An sit quid sit quale sit this aunswere falleth vnder the first of the three all other answers are vnder one of the other two And as this is the generall aunswer in an action of trespasse that is an action criminall ciuily prosecuted so is it also in all actions criminally followed either at the suite of the king or other wherein the defendant denieth the crime obiected vnto him See the new booke of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an aunswer to a declaration whereby a man denyeth that to be his deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento fine breui is a writ to inhibit Bayliffes c. from distraining any man without the kings writ touching his free hould Register fol. 171. b. Non intromittendo quando breue praecipe in capite subdolè impetratur Is a writ directed to Iustices of the bench or in Eyre willing them not to giue one hearing that hath vnder the colour of intitling the king to land c. as houlding of him in capite deceitfully obteined the writ called praecipe in capite but to put him to his writ of right if he thinke good to vse it Register orig fo 4. b. Non mercandizando victualia is a writ directed to the Iustic̄es of Assise commaunding them to inquire whether the officers of such a towne doe sell victuals in grosse or by retaile during their office contrary to the statute and to punish them if they finde it true Register fol. 184. Non molestando is a writ that lyeth for him which is molested contrary to the kings protection graunted him Register fol. 24. Non omittas is a writ lying where the Shyreeue deliuereth a former writ to a Bayliffe of a fraunchis within the which the party on whom it is to be serued dwelleth the Bayliffe neglecteth to serue it for in this case the Shyreeue returning that he deliuered it to the Bayliffe this shal be directed to the Shyreeue charging him himselfe to execute the kings commaundement Old nat br fol. 44. of this the Reg. orig hath three sorts fol. 82. b. 151. and the Reg. Iudiciall one fol. 5. 56. Non ponendo in Assisis Iuratis is a writ founded vpon the stat Westm 2. ca. 38. and the stat Articuli super chartas ca. 9. which is graunted vpon diuers causes to men for the freeing them from Assises and Iuries See Fitzh nat br fol. 165. See the Register fol. 179. 100. 181. 183. Non procedendo ad Assisam Rege inconsulto is a writ to stop the triall of a cause appertaining vnto one that is in the kings seruice c. vntill the kings pleasure be farder knowne Reg. fol. 220. a. Non residentia pro clericis Regis is a writ directed to the Ordinary charging him not to molest a Clerk imployed in the kings seruice by reason of his non residence Register orig fol. 58. b. Non-suite is a renuntiation of the suite by the plaintife or demaundant when the mater is so farre proceeded in as the Iury is ready at the barre to deliuer their verdict anno 2. H. 4. ca. 7. See the new booke of Entries verbo Non-suite The ciuilians terme it Litis renunciationem Non soluendo pecuniam ad quam Clericus mulctatur pro non residentia is a writ prohibiting an Ordinary to take a pecuniary mulct imposed vpon a clerk of the kings for non-residence Regist orig fol. 59. Non tenure is an exception to a coumpt by saying that he houldeth not the land specified in the coumpt or at the least some parte of it anno 25. Ed. 3. stat 4. ca. 16. West parte 2. Simbol titulo Fines sect 138. maketh mention of non-tenure generall and non-tenure speciall See the new booke of Entries verbo Non-tenure where it is said that especiall non-tenure is an

praecepturum pro viribus opem impensurum vt ecclesiae dei omni populo Christiano vera pax omni suo tempore observetur Secundò vt rapacitates omnes iniquitates omnibus gradibus interdicat 3. vt in omnibus iudieiis aequitatem praecipiat misericordiam vt indulgeat et suā misericordiā clemens misericors Deus vt per Iustitiā suam firma gaudeant pace vniuersi And in the old abridgement of statutes set out in H. 8. daies I finde it thus described This is the oath that the King shall sweare at his coronation That he shall keepe and maintaine the right and the liberties of the holy church of old time graunted by the righteous Christian Kings of England and that he shall keepe all the lands honours and dignities righteous and free of the Crowne of England in all maner whole without any maner of minishment and the rights of the Crowne hurt decayed or lost to his power shall call againe into the auncient estate and that he shall keepe the peace of the holy church and of the clergy and of the people with good accord and that he shall doe in all his iudgements equitie and right iustice with discretion and mercie and that he shall graunt to hold the lawes customes of the realme and to his power keepe them and affirme them which the folke and people haue made and chosen and the euill lawes and customes wholly to put out and stedfast and stable peace to the people of this realme keepe and cause to be kept to his power and that he shall graunt no charter but where he may doe it by his oath All this I finde in the foresaide Booke titulo Sacramentum Regis and Charter of pardon quinto Oth of the Kings Iustices is that they well and truly shall serue the king and that they shall not assent to things that may turne to his dammage or disinheritance Nor that they shall take no fee nor liuerie of none but the king Nor that they shall take gift nor reward of none that hath adoe before them except it be meate and drinke of smal value as long as the plee is hanging before them nor after for the cause Nor that they shall giue councell to none in mater that may touch the King vpon paine to be at the kings will body and goods And that they shall doe right to euery person notwithstanding the Kings leters c. anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se Otho was a Deacon Cardinall of S. Nichens in carcere Tulliam and Legate for the Pope heere in England anno 22. H. 3. whose constitutions we haue at this day Stowes An. pa. 303. see the first constitution of the said Legat. Othobonus was a Deacon Cardinall of S. Adrian and the Popes legate heere in England anno 15. H. 3. as appeareth by the award made betweene the said King and his commons at Kenelworth his constitutions we haue at this day in vse Ouch anno 24. H. 8. ca. 13. Ouster le main Amouere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common law a Iudgement giuen for him that tendeth a trauers or sieweth a Monstrance de droit or petition For when it appeareth vpon the mater discussed that the King hath noe right nor title to the thing he seised then Iudgement shal be giuen in the Chauncery that the kings hands be amoued and thereupon Amoueas manum shal be awarded to the Escheatour which is as much as if the iudgement were giuen that he should haue againe his land v. Stawn praerog ca. 24. See anno 28. Ed. 1. stat 3. ca. 19. It is also taken for the writ graunted vpon this petition Fitzh nat br fol. 256. C. It is written oter le maine anno 25. Hen. 8. ca. 22. Ouster le mer vltra mare commeth of the French oultre i. vltra and le mer. i. mare and it is a cause of excuse or Essoine if a man appeare not in Court vpon Summons See Essoin Outfangthef aliâs vtfangthef is thus defined by Bracton li. 3. tra 2. ca. 34. vtfangthef dicitur latro extraneus veniens aliunde de terra aliena qui captus fuit in terra ipsius quitales habet libertates but see Britton otherwise fol. 91 b It is compounded of three Saxon words out i. extra fang i. capio vel captus and Thef i. fur It is vsed in the common law for a liberty or priuiledge whereby a Lord is inhabled to call any man dwelling within his owne fee and taken for felony in any other place and to iudge him in his owne court Rastals expos of words Owelty of seruices is an equality when the tenent parauaile oweth as much to the mesn as the mesn doth to the Lord paramont Fitzh nat br fol. 136 A. B. Outlawry vtlagaria is the losse or depriuation of the benefit belonging to a subiect that is of the Kings protection and the Realme Bracton li. 3. tract 2. ca. 11. num pri nu 3. Forisfacit vtlagatus omnia quae pacis sunt Quia a tempore quo vtlagatus est caput gerit lupinum ita quòd ab omnibus interfici possit impunè maxime si se defenderit vel fugerit ita quòd difficilis sit eius captio nu 4. Si autem non fugerit nec se defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outeparters anno 9. H. 5. ca. 8. seemeth to be a kind of theeues in Ridesdall that ride abroad at their best advantage to fetch in such catell or other things as they could light on without that liberty some are of opinion that those which in the forenamed statute are termed out-patters are at this day called out-putters and are such as set matches for the robbing of any man or house as by discouering which way he rideth or goeth or where the house is weakest fittest to be entred See Intakers Owtryders seeme to be none other but bayliffe errants employed by the Shyreeues or their fermers to ride to the fardest places of their counties or hundreds with the more speede to summon to their county or hundred courts such as they thought good to worke vpon anno 14. Ed. 3. stat 1. ca. 9. Oxgang of Land Bouata terrae Sixe oxgangs of land seeme to be so much as sixe oxen will plough Crompton iurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lyeth in gainour old nat br fol. 117. M. Skene de verbor significat verbo Bovata terrae saith that an oxen-gate of land should alway conteine 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See

Mons à mouendo Patronum faciunt dos aedificatio fundus saith the old verse Of lay patrons one writeth thus Quod autem a supremis pontisicibus proditum est ca. cùm dilectus extra de iure patronatus laicos ius habere presaentādi clericos Ordinarois hoc singulari favore sustinetur vt allectētur laici invitētur inducantur ad constructionē ecclesiarū c. quoniam eodem Nec omni ex parte ius patronatus spirituale censeri debet sed temporale potius spirituali annexum glos in c. piae mentis 16. qu. 7. These be Corasius words in his paraphrase ad sacerdotiorum materium parte pri cap. 2. and parte 4. cap. 6. in principio he thus writeth of the same mater Patroni in iure Pontificio dicuntur qui alicuius ecclesiae extruendae aut alterius cuiuscunque fundationis ecclesiasticae authores fuerunt ideoque praesentandi offerendi clericum ius habent quem ecclesiae vacanti praeesse in ea collatis reditibus frui velint Acquirunt autem hoc ius qui de Episcopi consensu vel fundant ecclesiam hoc est locum in quo templum extruitur assignant vel ecclesiam aedificant vel etiam constructas ecclesias ante consecrationem dotant vt non valde sit obscurum ius patronatus quo de agimus finire ius esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum qui consentiente Episcopo vel const●uxi● vel dot avit ecclesiam Pannage Pannagium aliâs pasnagium or pennagium as it is latined in pupilla oculi may be probably thought to come of the French panez or panets which is a roote something like a parsnep but somewhat lesse and ranker in taste which hogs in Fraunce feede vpon though it be eaten by men also and the French may seeme to come of the latine pamcium i. that which men vse in the steede of bread Isodorus or panicium of the French It signifieth in our common law the mony taken by the Agistors for the feede of hogs with the mast of the kings forest Crompton Iurisd fol. 165. Westm 2. cap. 25. anno 13. Ed. pri with whom M. Manwood parte pri of his forest lawes agreeth in these words Agistment is properly the common of herbage of any kinde of ground or land or woods or the money due for the same and pawnage is most properly the mast of the woods or lands or hedge-rowes or the money due to the owner of the same for it But this learned man in his second part cap. 12. where he writeth at large of this driueth the word from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the which I thinke he smiled himselfe when he set it downe Lindwood defineth it thus Panagium est pastus pecorum in nemoribus in syluis vtpote de glandibus aliis fructibus arborum syluestrium quarum fructus aliter non solent colligi titulo de decimis ca. sancta verb Pannagiis M. Skene de verborum signf calleth it pannagium and defineth it to be the duty giuen to the king for the pasturage of swine in his forest The French word for the same thing is panage or glandee i. glandatio vel glandium collectio pastio suum ex glandibus And we surely take it from the French whence they had it or what etimologie they make of it let themselues looke Peace pax in the generall signification is opposite to warre or strife But particularly it signifieth with vs a quiet and harmlesse cariage or behauiovr toward the king and his people Lamb. eirenarcha li. 1. ca. 2. pag. 7. And this is one way prouided for all men by oath as you may read in Frank pledge but more especially in case where one particular man or some few goe in daunger of harme from some other For vpon his oath made thereof before a Iustice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. c. 2. p. 77. See also Cromptons Iustice of peace fol. 118. b. c. vsque f. 129. This amōg the Ciuiliās is called cautio de non offendedo Gail de pace publ lib. pri c. 2. nu 〈◊〉 Peace of God and the church pax Dei ecclesiae is aunciently vsed for that rest which the kings subiects had from trouble and suite of law betweene the termes See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and securitie both for life and goods which the King promiseth to all his subiects or others taken to his protection See Suite of the kings peace This pointe of policie seemeth to haue beene borowed by vs from the Feudists for in the second booke of the seuds there is a chapter viz. the 53. chapter intituled thus De pace tenenda inter subditos iuramento firmanda vindicanda de poena iudicibus apposita qui cum vindicare Iustitiam facere neglexerint the contents of which chapter is a Constitution of Fredericke the first as Hotoman there proueth expounding it very learnedly and like himselfe Of this kings peace Roger Houeden setteth downe diuers branches parte poster suorum annalium in Henr. 2. fol. 344. a. b. and fol. 430. b. he mentioneth a sorme of an oth which Hubert Archbishop of Canterburie and chiefe Iustice of Englād in R. the first his daies sent through the whole realme to be taken by the kings subiects See Deciners See Suertie of peace There is also the peace of the Church for which see Sanctuarie And the peace of the kings high way which is the immunitie that the kings high way hath from all annoyance or molestation See Watling street The peace of the plowe whereby the plow and plow catell are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to haue their peace because noe man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedagium signifieth money giuen for the passing by foote or horse through any countrey extra de Censibus ca. Innovamus I reade not this word in any English writer but onely the author of the booke called pupilla oculi parte 9. cap. 7. A. D. I thinke we rather vse passage for it Pedagia dicuntur quae dantur â transeuntibus in locum constitutum à principe Et capiens pedagium debet dare saluum conductum territorium eius tenere securum Baldus in vsibus Feudorum de pa. iura fir § Conventionales Cassan de consuetud Burg. pag. 118. hath these wordes Pedagium a pede dictum est quòd à transeuntibus solvitur c. Peere pila seemeth properly to be a fortresse made against the force of the sea for the better securitie of ships that lye at harbour in any hauen So is the peere of Douer described in M. Camd. Brit. p. 259. in meo Peeres pares commeth of the French per. i. par it signifieth in

Policie of assurance is a course taken by those which do aduenture wares or merchandize by sea whereby they loche to hazard their whole aduenture do giue vnto some other a certaine rate or proportion as tenne in the hundred or such like to secure the safe arriuall of the ship and so much wares at the place agreed vpon So that if the ship and wares do miscarie the assrer maketh good to the venturer so much as he promiseth to secure as 20. 30. 100. more or lesse and if the ship do safely ariue he gaineth that clearely which the venturer compoundeth to pay him And for the more euen dealing betweene the venturer and the securer in this case there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement that they afterward differ not betweene themselues vpon the bargaine This is in course Latine elsewhere called assecuratio This terme you haue anno 43. Fliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is remoued to the common Banke old nat br fol. 2. See in what diuersitie of cases it is vsed in the table of the Originall Register Pone per vadium is a writ commaunding the Shyreene to take suretie of one for his appearance at a day assigned of this see fiue sorts in the table of the Regists Iudic. verbo Pone per vadium Ponondis in Assisis is a writ founded vpon the statute of Westm 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew what persons Vicounts ought to impanell vpon Assises and Iuries and what not as also what number he should empanell vpon Iuries and Inquests which see in the Register orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendo in ballum is a writ whereby to will a prisoner held in prison to be committed to baile in cases baylable Register orig fol. 133. b. Ponendo sigillum ad exceptionem is a writ whereby the king willeth Iustices according to the statute of Westm 2. to put their seales to exceptions laid in against the plaintiffes declaration by the defendant Pontage pontagium is a contribution toward the maintenance or reedifying of bridges Westm 2. cap. 25. anno 13. Ed. pri It may be also tolle taken to this purpose of those that passe ouer bridges anno 39. Eliz. cap. 24. anno 1. H. 8. cap. 9. and see the statute anno 22. H. 8. cap. 5. Pontibus reparandis is a writ directed to the Shyreeue c. willing him to charge one or more to repaire a bridge to whom it belongeth Regist orig fol. 153. b. Portgreue portgreuius is compounded of two words port greue or graue i. praefectus It signifieth with vs the chiefe magistrate in certaine coast townes and as M. Camden saith in his Britan. pag. 325. the chiefe magistrate of London was termed by this name in steed of whom Richard the first ordained two Bayliffes but presently after him King Iohn granted them a Maior for their yearely Magistrate Porter of the doore of the Parlament house is a necessary officer belonging to that high court enioyeth the priuiledges accordingly Cromptons Iurisd fol. 11. Porter in the circuit of Iustices is an officer that carieth a verge or white rodde before the Iustices in Eyre so called a portando virgam anno 13. Ed. 1 cap. 24. Porter bearing verge virgator before the Iustices of either benth anno 13. Ed. 1. cap. 41. See Vergers Portemote is a word compounded of port i. portus and the Saxon Gemettan i. conuenire or of the French mot i. dictio verbum It signifieth a Court kept in hauen townes as Swainmote in the Forest Manwood parte prim of his Forest lawes pa. 111. It is sometime called the Portmoote Court anno 43. Eliz. cap. 15. Portsale anno 35. H. 8. cap. 7. id est sale of fish presently vpon returne in the hauen Possession possessio is vsed two waies in our common lawe First for lands and inheritance as he is a man of large possessions In which signification it is also vsed among the Ciuilians sc for the thing possessed l. possessionum Cod. commun vtriusque Iudic. Next for the actuall enioying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in lawe pl. cor fol. 198. The example there is this Before or vntill an office to be found the king hath onely possession in law and not in deed speaking of the lands escheated by the attainder of the owner See praerog fol. 54. 55. In this signification also there is an vnitie of possessiō which the Ciuilians call Consolidationem Take an example out of Kitchin fol. 134. if the Lord purchase the tenancie held by Heriot seruice then the Heriot is extinct by vnity of possession that is because the seigneurie and the tenancie be now in one mans possession Many diuisions of possession you may reade in Bracton lib. 2. cap. 17. per totum Post See Per. Post diem is a returne of a writ after the day assigned for the returne for the which the Custos breuium hath foure pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the king for a fine formerly acknowledged before him in his court which is paid by the cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and halfe so much as was payed to the king for the fine and is gathered by the Shyreeue of the Countie where the land c. lyeth whereof the fine was leuyed to be aunswered by him into the Exchequer Post terme is a returne of a writ not onely after the day assigned for the returne thereof but after the terme also which may not be receiued by the Custos brevium but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh for the returne thereof which is twenty pence Postea is a word vsed for a mater tried by Nisi prius and returned into the court of common pleas for Iudgement and there afterward recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes reports volum 6. Rowlands case fol. 41. b. 42. a. See Custos breuium Post disseisin post disseisina is a writ giuen by the statute of West 2. cap. 26. and lyeth for him that hauing recouered lands or tenements by praecipe quod reddat vpon default or reddition is againe disseised by the former diffeisour Fitz. nat br fol. 190. see the writ that lyeth for this in the Register originall fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlatiue whereof is prioritie For a man holding lands or tenements of two lords holdeth of

to them and their successours See Appropriation Prorata portionis See Onerando pro rata portionis Protection protectio hath a generall and a speciall signification In the generall it is vsed for that benefite and safetie that euery subiect or Denizen or alien specially secured hath by the Kings lawes And thus it is vsed anno 25. Ed. tertii capite 32. Protection in the speciall signification is vsed for an exemption or an immunitie giuen by the King to a person against suites in lawe or other vexations vpon reasonable causes him thereunto moouing which I take to be a braunch of his prerogatiue And of this protection Fitzh maketh two sortes in his nat br fol. 28. The first forme or sort he calleth a protectiō cum clausula volumus wherof he mentioneth foure particulars A protection quia profecturus for him that is to passe ouer sea in the kings seruice A protection quia moratur for him that is abroad in the Kings seruice vpon the sea or in the marches anno 7. H. 7. cap. 2. A protection for the Kings debter that he be not siewed or attached vntill the King be payed his debt See anno 15. Ed. 3. This some Ciuilians call moratoriam which see In singularibus Marantae verb. Princeps pag. 79. col 2. And a protection in the kings seruice beyond the seas or on the marches of Scotland whereof you may reade something anno 1. R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second forme of protection is tearmed cum clausula Nolu 〈…〉 which is graunted most commonly to a spirituall company for their immunitic from taking of their catell by the Kings ministers But it may be graunted also to one man spirituall or temporall Of these things reade the same authour and the formes of these writs See also in the Register originall fol. 22. 23. And see the new Expositour of lawe termes to what action the kings protection doth not extend See also the new booke of Entries verbo Protection Protonotarie protonotarius See Preignetarie Protestation protestatio is as Iustice Walsh defineth it a defence or safegard to the partie which maketh it from being cōcluded by the act he is about to doe that issue cannot be ioyned vpon it Plowden fol. 276. b. whereof see the Register original fol. 306. b. And see Protest Protest protestari hath two diuers applications one is by way of cautell to call witnesse as it were or openly to affirm that he doth either not at all or but after a sort yeeld his consent to any act as vnto a proceeding of a Iudge in a court wherein his iurisdiction is doubtfull or to answer vpon his oath farder then he by lawe is bounde See Plowden casu Gresbroke fol. 276. b. and the Register orig fol. 306. b. Another is by way of complaint to protest a mans bill For example if I giue mony to a Merchant in Fraunce taking his bill of exchange to be repayed in England by one to whome he assigneth me if at my comming I find not my selfe satisfied to my contentment but either delayed or denyed then I goe into the Burse or some open concurse of Merchants and protest that I am deceiued by him And thereupon if he haue any goods remaining in any mans hands within the Realme the lawe of Merchants is that I be paid out of them Prouuer Probator See Approuuer anno 5. H. 4. ca. 2. See Approuours Prouince Prouincia was vsed among the Romans for a Country without the compasse of Italie gained to their subiection by the sword wherevpon the part of Fraunce next the Alpes was soe called of them when it was in their dominion and of that carieth the same name at this present But with vs a province is most vsually taken for the circuit of an Archebishops Iurisdiction as the Province of Canterbury and the province of Yorke anno 32. H. 8. cap. 23. anno 33. eiusdem cap. 31. yet it is vsed diuers times in our statutes for seuerall parts of the Realme Provinciall Prouincialis is a cheife gouernour of an order of Friers anno quar Henr. quar cap. 17. Protoforestarius was he whom the auncient kings of this Realme made chiefe of Winsour forest to heare all causes of death or mayhem or of slaughter or of the Kings deare within the Forest Camd. Britan. pag. 213. See Iustice of the Forest Prove See Profe Prouision Provisio is vsed with vs as it is vsed in the Canon lawe for the providing of a Bishop or any other person of an ecclesiasticall liuing by the Pope before the Incumbent be dead It is also called gratia expectatiua or Mandatum de providendo The great abuse whereof in the Pope through all Christendome heretofore you may read not only in Duarenus de sacris ecclesiae ministoriis beneficiis lib. 3. cap. 2. but also for England particularly in diuers statuts of the Realme viz. anno 25. Ed. 3. cap. 22 sttat 4. statu 5. commonly called the statute de prouiscribus anno 27. eiusdem cap. i. anno 38. eiusdem stat 2. cap. 1. 2. 3. 4. anno 38. eiusdem anno 2. Rich. 2. cap. 7. anno 3. eiusdem cap. 3. anno 7. eiusdem cap. 12. anno 12. eiusdem cap. 15. anno 13. eiusdem stat 2. cap. 2. 3. anno 16. eiusdem cap. 5. anno 2. H. 4. cap. 3. 4. anno 5. eiusdem cap. pri anno 7. eiusdem cap. 6. 8. anno 9. eiusdem cap. 8. anno 3. H. 5. cap. 4. See Praemunire Provisour Provisor is he that sieweth to the court of Rome for a prouision old nat br fol. 143. See Provision Proviso is a condition inserted into any deede vpon the obseruance wherof the validitie of the deede consisteth which forme of condition seemeth to be borrowed from Fraunce for Pourve u Gallicum semper conditionem inducit Tiraquel tomo 3. pag. 216. Our common lawyers say that it sometime signifieth but a couenant whereof you haue a large disdispute in the 2. booke of Sir Ed. Cokes reports in the Lord Cromwels case It hath also another signification in maters Iudiciall as if the plaintife or demaundant desist in prosecuting an action by bringing it to a triall the defendant or tenent may take out the venire facias to the Shyreeue which hath in it these words Prouiso quòd c. to this ende that if the plaintife take out any writ to that purpose the shyreeue shall summon but one Iurie vpon them both See old natura breuium in the writ Nisi prius fol. 159. Purchas See pourchas Purfles of a womans growne anno 33. H. 8. cap. 5. Purgation Purgatio is a cleering of a mans selfe from a crime whereof he is probably and publiquely suspected and thereof denounced to a Iudge Of this there was great vse in England touching maters of felonie imputed to Clerks in former time as appeareth by Stawnf pl.

either Bench Barons of the Exchequer Iustices of peace c. And those that be meere recognisances are not sealed but inrolled And execution by force thereof is of all the recognisours goods and chatels except his draught beasts and implements of husbandrie and of the moitie of his lands West parte prim symb lib. 2. titulo Recognisances sect 149. And of these you may see there great diuersitie of presidents Note farder that a Recognizance though in the speciall signification it do but acknowledge a certaine debt and is executed vpon all the goods and halfe the lands of the recognisour yet by extention it is drawne also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register original fol. 146. 151. 252. and by West vbi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these wordes in the statute West 1. c. 36. anno 3. Ed. 1. It is prouided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with roberie of any maner of goods or moueables by recognisance of Assise of nouel disseisin the iudgement shall c. In which place it is vsed for the verdict of the twelue men empaneled vpon an Assise which twelue are also called recognitours of the Assise Litleton fol. 72. So also Bracton calleth them lib. 5. tractat 2. cap. 9. num 2. in these words In essonio verò reddendo exigentur omnes illi quos causa tetigerit sicut particeps Warantus alii vt supra Recognitores in Assisis Iuratores in Iuratis Inquisitores in Inquisitionibus c. And againe lib. 3. tract prim cap. 11. num 16. See the Statute anno 20. Ed. prim stat 4. See the newe book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the common Bench for the sending of a record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appeare it may be disanulled Register original fol. 183. a. b. Recognitours recognitores is a word vsed for the Iurie empaneled vpon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongs signifieth an authenticall or vncontroulable testimonie in writing Britton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the Grand Custumarie of Normandie there are seuerall Chapters of diuers records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. chapter where you haue wordes to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he haue one other witnesse This record may he and other make if he himselfe will not make it it may be made by three others And his person may not bee impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffise to make a record in the Exchequer The next how many in an assise c. I find not that wee in our Courts especially the Kings Courts stand much vpon the number of recorders or witnesses for the strength of the testimonie which the record worketh but that we take it sufficient which is registred in each Court Glanvile lib. 8. cap. 8. Bracton lib. 3. tract 2. cap. 37. num 4. Britton in the Proeme of his booke saith that the Iustices of the Kings Bench haue a record the Coroner Vicount Iustices of the Exchequer Iustices of Goale deliuerie the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings leters patents in those causes they haue commission to take knowledge of All which as I take it must be vnderstood with that caueat of Brooke titulo Record num 20 22. that an act committed to writing in any of the Kings Courts during the terme wherein it is written is alterable and no record but that terme once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proofe to the contrarie Yet see Sir Edward Cookes Reports lib. 4. Rawlins case fol. 52. b. ann 12. Ed. 2. cap. 4. It is said that two Iustices of either Bench haue power to record Non suites Defaults in the countrey It appeareth by Bracton lib. 5. tract 2. c. 1. 11. that quatuor milites babent recordum being sent to view a partie essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Seruiens Hundredi habet recordum in testimonio proborum honinum And in the Statute of Carleil made anno 15. Ed. 2. it is said that one Iustice of either Bench with an Abbot or a Prior or a Knight or a man of good same and credence hath a record in the view of one that is said by reason of sicknesse to be vnable to appeare personally for the passing of a fine And anno 13. H. 4. cap. 7. anno 2. H. 5. cap. 3. that two Iustices of peace with the Shyreeue or Vndershyreeue haue power to record what they find done by any in a ryot or route c. That which is before mentioned out of Britton touching the Shyreeue seemeth to be limited by Fitzh nat br fol 81. D. Who alloweth him a Record in such maters onely as he is commaunded to execute by the Kings writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheatour and Shyreeue be not Iustices of record but officers of record In which words he signifieth that their testimony is authenticall onely in some certaine things that are expresly inioyned them by vertue of their Commission as ministers to the King in his higher Courts whereas Iustices of record haue in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commaunded Fitzherbert in his Nat br fo 82. in principio something explaneth this point writing to this effect Euery act that the Shyreeue doth by vertue of his commission ought to be taken as mater of record no lesse then the Iustices of peace His reasons be two the former he cause his patent is of record the other because he is a conseruatour of the peace And then he addeth that the plees held before him in his County be not of record Yet is the county called a Court of record Westm 2. ca. 3. anno 13. Ed. 1. But it seemeth by Britton cap. 27. that it is onely in these causes whereof the Shyreeue houldeth plee by especiall

writ and not those that he houldeth of course or custome And in that case also it may be gathered out of the same authour that he hath a record but with the testimony of those annexed that be suiters to the Court. Which seemeth to agree with Bractons words aboue specified Seruiens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanuile lib. 8. cap. 8. 9. 10. One Iustice vpon view of forcible detinew of land may record the same by statute anno 15. R. 2. cap. 2. the Maior and Constables of the Staple haue power to record recognisances of debt taken before them anno 10. H. 6. ca. 1. Brooke titulo Record seemeth to say that no court ecclesiasticall is of record how truly it is to be inquired For Bishops certifiing bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a diuorce a spirituall intrusion or whether a man be professed in any religion with other such like are credited without farder enquiry or controlment See Brooke titulo Bastardy See Fleta lib 6. ca. 39. 40. 41. 42. Lamb. cirenarcha lib pri cap. 13. Glanuile li. 7. ca. 14. 15. the Register originall fol. 5. b. Bracton lib. 5. tracta 5. ca. 20. nu 5. Britton ca. 92. 94. 106. 107. 109. Doct. and Stud. li. 2. ca. 5. but especially Cosius apologie parte pri ca. 2. And a testament shewed vnder the seale of the Ordinary is not trauersable 36. H. 6. 31. Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference betweene that law whereby the court Christian is most ordered and the common law of this land For by the ciuile or canon law no instrument or record is held so firme but that it may be checked by witnesses able to depose it to be vntrue Co. plu● valere quod agitur quàm quod simulate concipitur ca. cùm Iohannes 10. extra de fide instrumentorum Whereas in our common law against a record of the Kings Court after the terme wherein it is made no witnes can preuaile Britton ca. 109. Coke lib. 4. Hindes case fol. 71. lib. assisarum fol. 227. nota 21. This reconciliation may be iustified by Brooke himselfe titulo Testaments num 4. 8. 14. and by Glanuile lib. 8. cap. 8. The King may make a court of record by his graunt Glanuil li. 8. ca. 8. Britton cap. 121. as for example Queene Elizabeth of worthy memory by her Charter dated 26. Aprilis anno 3. regni sui made the Consistory Court of the Vniuersity of Cambridge a Court of record There are reckoned among our common lawyers three sorts of records viz A record iudiciall as attainder c. A record ministeriall vpon oath as an office found A record made by conueyance by consent as a fine deede enrolled or such like Coke li. 4. Andrew Ognels case fo 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeue to remoue a cause depending in an inferiour court to the Kings bench or common plees as out of a court of auncient Demesn Hundred or Countie Fitz. nat br fol. 71. B. out of the countie Court idem fo 46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learne more exactly where and in what cases this writ lyeth reade Brooke in his Abridgm titulo Recordare pone It seemeth to be called a recordare because the forme is such that it commaundeth the Shyreeue to whom it is directed to make a record of the proceeding by himselfe and others and then to send vp the cause See the Register verbo Recordare in the Table of the originall Writs See Certiorart See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis Curia â iudicio faciendo non debet amoueri Grand Custumarie of Norm cap. 107. 121. Whereby it appeareth that those which were necessarie Iudges in the Duke of Normandies Courts were called Recorders and who they were is shewed in the ninth chapter of the said booke And that they or the greater part of them had power to make a record it is euident in the chapter 107. Here in England a Recorder is he whome the Maior or other Magistrate of any citie or towne corporate hauing Iurisdiction or a Court of record within their precincts by the Kings graunt doth associate vnto him for his beter direction in maters of Iustice and proceedings according vnto lawe And he is for the most part a man well seene in the common lawe Recordo processis mittendis is a writ to call a Record together with the whole proceeding in the cause out of one court into the Kings Court Which see in the Table of the Register orig how diuersly it is vsed Recordo vtlagariae mittendo is a writ Iudiciall which see in the Register iudicial fol. 32. Recouerie Recuperatio cōmeth of the French Recouvrer i. Recuperare It signifieth in our commō lawe an obteining of any thing by Iudgement or triall of lawe as evictio doth among the Ciuilians But you must vnderstand that there is a true recouerie and a feigned A true Recouerie is an actuall or reall recouerie of any thing or the value thereof by Iudgement as if a man siewed for any land or other thing moueable or immoueable and haue a verdict and Iudgement for him A feigned recouerie is as the Ciuilians call it quaedam fictio iuris a certaine forme or course set downe by lawe to be obserued for the beter assuring of lands or tenements vnto vs. And for the beter vnderstanding of this reade West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a Recouerie is to discontinue and destroy estates Tayles Remainders and Reuersions and to barre the former owners thereof And in this formality there be required 3. parties viz. the Demaundant the Tenent and the Vowchee The Demaundant is he that bringeth the writ of Entrie and may be termed the Recouerer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vowchee is he whom the tenēt vowcheth or calleth to wartantie for the land in demaund West vbi supra In whom you may reade more touching this mater But for example to explane this point a man that is desirous to cut of an estate tayle in lands or tenements to the end to sell giue or bequeath it as him self seeth good vseth his frend to bring a writ vpon him for this land He appearing to the writ saith for him selfe that the land in question came to him or his auncesters from such a man or his auncester who in the conueiance thereof bound him selfe and his heires to make good the title vnto him or them to whome it was conueied And so he is allowed by the court to call in this third man to

leters patents or by any one of the Kings Iustices of the Forest at his discretion in the generall Eyre or at such time as the Regard is to be made by vertue of the Kings writ directed to the Shyreeue of the Countie for that purpose The forme of which writ he there setteth downe After that pag. 192. he setteth downe his oath in these words You shall truly serue our souereigne Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such maner as the same hath beene accustomed to be made You shall raunge through the whole forest and through euery Bailiwicke of the same as the Foresters there shall lead you to view the said forest And if the foresters will not or doe not know how to lead you to make the regard or raunge of the Forest or that they will conceale from you any thing that is forfeited to the King you your selues shall not let for any thing but you shall see the same forfeiture and cause the same to be inrolled in your rolle You shall inquire of all wastes pourpre stures and Asserts of the Forest and also of concealements of any offence or trespasse in the Forest all these things you shall to the vttermost of your power doe so helpe you God Then you may reade farder the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be vpon their view and so recorded and that the Regarders of themselues haue power to heare and determine the fine or amerciament for expeditating of dogs See Regard Regio assensu is a writ whereby the King giueth his Royall assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie Registrum commeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with vs the office or books or rolls wherin are recorded the proceedings of the Chauncerie or any spirituall courte The writer and keeper whereof is called the Register in latine Registarius Register is also the name of a booke wherein are expressed all the formes of writs vsed at the common lawe called the Register of the Chauncerie anno 13. Ed. prim cap. 24. Some say it is tearmed Registrum quasi Regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbush an old garment and to make it new againe Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sel them the beter mentiends coloris artem optime callebant Martialis Plinius This word in our cōmon lawe did aunciently signifie such as bought by the great and sold by retayle anno 27. Ed. 3. stat prim ca. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or faire or within 5. miles thereof anno 5. Ed. 6. cap. 14. anno 5. Eliz. cap. 12. anno 13. Eliz. cap. 25. See Forestallers and Engrossers Rehabere facias seisinam quando Vice comes liberavit seifinam de maiore parte quam deberet is a writ Iudiciall Regist. Iudicial fol. 13. 51. There is another writ of this name and nature eodem fol. 54. Reioynder reiunctio signifieth in our common lawe as much as Duplicatio with the Ciuilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffes bill is called an exception the plaintiffes aunswer to that is called a Replication and the Defendants to that Duplication in the ciuill lawe and a Reioynder with vs especially in Chauncerie West parte 2. symb titulo Chauncerie sect 56. where he citeth these words out of Spigelius Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationē actoris confirmandum except ionem Rei Relation relatio idem quod fictioiuris to make a nullitie of a thing from the beginning for a certaine intent which had essence Cooke lib. 3. Butler Baker fol. 28. b. which in playner termes may be thus expounded Relation is a fiction of the lawe whereby something is for a speciall purpose imagined neuer to haue bene which in truth was Reade the rest Release relaxatio commeth of the French Relasche i. cessatio relaxatio lax amentum and in our common lawe is thus defined A Release is an Instrument whereby estates rights titles entries actions and other things be some time extinguished some time transserred sometime abridged and sometime enlarged West parte prim symbol lib. 2 sect 509. And there is a Release in fact and a release in lawe Perkins Graunts 71. A release in fact seemeth to be that which the very words expressely declare A Release in lawe is that which doth acquite by way of consequent or intendment of lawe An example whereof you haue in Perkins vbi supra Of these how they be auaileable how not see Litleton at large li. 3. cap. 8. fol. 94. of diuers sortes of these Release see the newe booke of Entries verbo Release Reliefe relevium commeth of the French relever i. relevare and fignifieth in our common lawe a certaine summe of money that the tenent holding by knights seruice grand sergeantie or other tenure for the which homage or regall seruice is due or by soccage for the which no homage is due and being at full age at the death of his auncestour doth pay vnto his Lord at his entrance Bracton lib. 2. cap. 36. giueth a reason why it is called a Reliefe viz. quia haereditas quae tacens fuit per antecessoris decessum relevatur in manus heredum propter factam relevationem facienda erit ab herede quaedam praestatio quae dicitur Relevium Of this you may read Britton cap. 69. in a maner to the same effect Of this also speaketh the Grand Custumary of Normandie cap. 34. to this effect It is to be knowne that the Lord of the fee ought to haue reliefe of the lands which be held of him by homage when those die of whom he had homage And that this is not onely proper to vs in Eng. or Normandie appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quodnovus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alto quo casu feudum ceciderit quod iam à novo sublevetur and farder speaketh of it that which is worth the reading and containeth great knowledge of antiquitie See the like definition in Maranta singularibus verbo Relevium For the quantitie of this reliefe see the Great charter cap. 2. in these words If any of our Earles or Barons or any other our tenents which hold of vs in chiefe by knights seruice dye and at the time of his death his heire is of full age and oweth

releeue them Stawnf vbi supra See of this the new booke of Entries verb Sanctuary and Fleta lib. 1. cap. 29. And how by degrees they haue beene taken away you may read partly in him and partly in the statutes a. 26. H. 8. ca. 13. anno 28. eiusdem ca. 7. anno 32. eiusd ca. 12. anno 33. eiusdem cap. 15. anno pri Ed. 6. cap. 12. ann 2. eiusdem cap. 2. cap. 33. anno 5. eiusdem cap. 10. See Abiuration Salarie salarium is a recompence or consideration made to any man for his paines or industry bestowed vpon another mans busines So called as Pliny saith qui tam necessarium quam sal homini The word you haue anno 23. Ed. 3. ca pri Salmon pipe anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish Sandall anno 2. Rich. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kinde of wood brought out of India For Sandal in French so signifieth and in latine it is called Santalum Sarcling time or time of sarcling Seemeth to be all one with hey seele Or the time when the country man weedeth his corne And it proceedeth from the latine sarculare to rake or weed Or from the French Sarcler which hath all one signification Sarpler Sarplera lanae is a quantitie of woll This in Scotland is called Serplathe and conteineth fourescore stone for the Lords in the counsell in anno 1527. decreed foure serpliathes of packed wolle to containe 16. score stone of woll by the trafique of Merchants now vsed The Merchants vse to fraught for their goods to Flaūders by the Sack to Fraunce Spaine and England by the Tunne and to Dansken and the Easter seas by the Serpliāthe Skene de verbo significatione verbo Serpliathe with vs in England a loade of wolle as I haue beene informed consisteth of 80. todde each todde consisting of two stone and each stone of 14. pound And that a Sack of wolle is in common accoumpt equall with a load and a Sarpler otherwise called a pocket is halfe a Sack Further that a packe of wolle is a horse loade which consisteth of 17. stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the peny sterling which weigheth 32. wheate cornes of the middle sort and that 2. of those pence make an ounce and 12. ounces a pound in weight or 20. shillings in number and that 8. pound of wheat maketh a ialon or a galon as we now call it and eight galons a bushell and 8. bushels a common quarter Also that 15. ounces of the quantitie aforesaid doe make a merchants pounde And that 12. such pound and a halfe make a stone and that 14. stone make a waigh and that two waighes or 28. stone make a sack of wolle which ought to waigh a quarter of wheate and that 12. sacks make a last So that a waigh and a sarpler seemeth to be all one but that the sarpler is the case and the weigh respecteth the quantitie of the wolle it selfe And that a loade and a sacke is all one Saunkfin is a pharse vsed by Britton cap. 119. for the determination or finall end of the lineall race or discent of a kindred It seemeth to come from the French Sang. i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man hauing made default in court commeth afterward and alleadgeth good cause why he did it as imprisonment at the same time or such like Newe booke of Entries verbo Sauer de default Saulfe conduict Salvus conductus is a security giuen by the Prince vnder the broad seale to a straunger for his quiet comming in and passing out of the Realme touching which you may see the statuts anno 15. H. 6. cap. 3. anno 18. eiusdem ca. 18. anno 28. H. 8. cap. pri The forme of this see in the Register originall fol. 25. Stawnford was a man very learned in the common lawes of the land wherein he wrote 2. bookes one termed the plees of the Crowne the other the Princes prerogatiue He florished in the daies of Ed. the sixth and of Queene Mary being in Queene Maries daies a Iudge and knighted Scandalum Magnatum is the especiall name of a wrong done to any high personage of the land as Prelates Dukes Earles Barons and other Nobles and also of the Chanceler treasurer clerk of the priuy seale steward of the kings house Iustice of the one bench or of the other other great officers of the realm by false news or horrible false messages whereby debates and discords betwixt them and the commons or any scandall to their persons might arise anno 2. R. 2. cap. 5. Scauage otherwise called Shewage is a kind of tolle or custome exacted by Maiors Shyreeue and Baylifs of Cities and Borough townes of Merchants for wares shewed to be soulde within their precincts which is forbidden by the statute anno 19. H. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shewe whence is the word Sceaw-stowe a theater or shew place a beholding place M. Verstegan in his restitution of decayed intelligences litera S. Scire facias is a writ Iudiciall most commonly to call a man to shew cause vnto the Court whence it is sent why execution of a Iudgement passed should not be made This writ is not graunted before a yeare and a day be passed after the Iudgement giuen ould nat br fol. 151. Scire facias vpon a fine lieth after a yeare and a day from the fine levied Otherwise it is all one with the writ hababere facias seisinam West part 2. simb titulo fines sect 137. See an 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ which reade See also the newe booke of Entries verb. Scire facias Scyra Camd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French eseot i. symbolum Rastall saith it is a certaine custome or common tallage made to the vse of the Shyreeue or his Baylifes Saxon in his description of England cap. 11. saith thus Scot a gadering to worke of Bailes what he meaneth God knoweth I thinke the place is corruptly printed Scot saith M. Camden out of Mathewe of Westm illud dicitur quod ex diuersisrebus in vnum aceruum aggregatur In the lawes of William the Conquerour set forth by M. Lamberd fol. 125. you haue these words Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt ane hlote aue scote persol●antur secundum legem Anglorum Scot and Lot anno 33. H. 8. ca. 19. signifieth a custumary contribution laid vpon all subiects after their hability Roger Houeden writeth

Seruice is divided by Britton into personall and reall cap. 66. where he maketh wards mariags homage Releifs and such like to be reall seruices personall I imagine may those be called that are to be performed by the person of the Tenent as to follow his Lord into warre c. The Ciuilians diuide munera in this sort either in personalia or patrimonalia Then Bracton vbi supra num 7. distributeth seruitium in intrinsecum extrin secum aliás forinsecum medium Seruitium intrinsecū is that which is due to the capitall Lord of the maner Forinsecum is that which is due to the King and not to the capitall Lord but when he goeth in his owne person to serue or when he hath satisfied the king for all seruices whatsoeuer And againe in the same place he saith it is called Fornisecum quia fit capitur foris sive extra seruitium quod fit Domino capitali see Forein seruice Of this reade him vbi supra more at large and Fleta lib. 2. ca. 14. § Continetur Seruitia quae nec intrinseca nec forinseca sunt Bract. handleth in the same chap. n. 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intrinsecae nec forinsecae sed sunt quaedam seruitia concomitantia sicut seruitia regalia militaria etiam homagia ideo in chartis non sunt exprimenda Quia si homagium praecesserit regale seruitium sequitur exinde quòd ad capitalem Dominum pertinebit Releuium custodia maritagium siue seruitium sit militare vel seriantia propter exercitum c. Here then Reliefe Ward and Mariage be those seruices which he calleth nec intrinseca nec forinseca sed concomitantia Seruice is also divided into frank seruice and base or villenous seruice the one Bracton calleth liberum seruitium the other seruitium villanum or villenagium lib. 2. cap. 8. nu pri This villenagium is Socage in base tenure as to dung the Lords ground to serue him so many daies in haruest to plash his hedges c. or els copy hould All other seruices seeme to be frank Seruice consisteth some in seisance some in render Perkins Reseruations 696. Seruice seemeth also to be diuided into continuall otherwise annuall and casuall or accidentall An example of the former is the seisin of rent and of the other seisin of reliefe Sir Ed. Cookes reports lib. 4. Bevils case fol. 9. a. See Copy hould See Socage see Ayde Seruice secular anno 1. Ed. 4 ca. 1. which may be contrary to spirituall viz. the seruice diuine commaunded to spirituall men by their founders Servitours of bils seeme to be such seruāts or messengers of the marishall belonging to the kings bench as were sent abroad with bils or writs to summon men to that court being now more ordinarily called Tip. stafs Servitiis acquietandis is a writ Iudiciall that lieth for one distreined for seruices by Iohn which oweth and performeth to Robert for the acquitall of such seruices Register Iudicial fol. 27. a. 36. b. Sessions Sessiones signifieth in our common lawe a sitting of Iustices in court vpon their commission as the sessions of oyer and terminer pl. cor fol. 67. Quarter sessions otherwise called generall sessions anno 5. Elizab. cap. 4. or open sessions ibidem Opposite wherevnto are especiall otherwise called priuie sessions which are procured vpon some speciall occasion for the more speedie expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in generall sessions see Cromptons Iustice of peace fol. 109. Petit sessions or statute sessions are kept by the high Constable of euery Hundred for the placing of seruants anno 5. Eli. cap. quart in fine Sessour anno 25. Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of wages at this day Set clothes anno 27. Henric. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and diuers kinds whereof you haue in Gerards herball lib. 2. cap. 424. The roote of this is mentioned among drugs to be garbled anno 1. Ia. cap. 19. Seuerance is the singling of two or more that ioyne in one writ or are ioyned in one writ For example if two ioyne in a writ de libertate probanda and the one afterward be non-suite here seuerance is permitted so that notwithstanding the non-suite of the one the other may seuerally proceede Fitzh nat br fol. 78. I. K. Of this see Brooke titulo severance summons fol. 238. For it is harder to knowe in what cases seuerāce is permitted then what it is There is also seuerāce of the tenents in an Assise when as one or two or more disseisours appeareth vpon the writ and not the other New booke of Entries fo 81. col 4. seuerance in attaints eod fol. 95. col 2. And seuerance in debt verbo debt fol. 220. col 1. see the saide booke verbo Seuerance Severall taile tallium separatum is that whereby land is giuen and entayled seuerally to two For example land is giuen to two men and their wiues and to the heires of their bodies begotten the Donees haue ioynt estate for their two liues and yet they haue seuerall inheritance because the issue of the one shall haue his moyety and the issue of the other the other moyetie Kitchin ibidem Severall tenancie tenura separalis is a plee or exception taken to a writ that is laide against two as ioynt which are seuerall Brooke titulo Severall tenancie fol. 237. Sewantly wouen an 35. El. c. 10. Sewar hath two significations with vs one applied to him that issueth or commeth in before the meate of the King or other great personage and placeth it vpon the table the other to such passages or gutters as carie water into the sea or riuer in lawyers Latine called Sewera an 6. H. 6. c. 5. which is also vsed in common speach for commissioners authorised vnder the broad seale to see draines and ditches well kept and maintained in the marish and fenne countries for the better conueyance of the water into the sea and the preseruing of the grasse for feede of catell stat anno 6. H. 6. cap. 5. It is probable to bring this word from the French issir or issue as if we should call them Issuers because they giue issue or passage to the water c. And the latine word suera sometime vsed in these commissions for these draines is a competent reason of this coniecture see Eitzh nat br in oyer and terminer Yet I finde in an old French booke conteining the officers of the King of Englands court as it was aunciently gouerned that he whom in court we now call Sewer was called Asseour which may seeme to come from the French Asseour wherein his office in setting downe the meat vpon the table is well expressed And Sewer as it signifieth an officer is by Fleta latined Assessor li. 2. ca. 15. All which argueth that the descent of

Kings house anno 25. Ed. 3. statute 5. ca. 21. Stillyard Guilda Theutonicorum anno 22. H. 8. ca. 8. anno 32. eiusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almaine anno pri Ed. 6. cap. 13. Are wont to haue their aboade see Geld. It is so called of a broad place or courte wherein steele was much sould vpon the which that house is now founded Nathan Chitraens See Hawnse Stone of woll Petra lanae see weights See Sarpler It ought to weigh fourteene pounds yet in some places by custome it is more See Cromptons Iustice of peace fol. 83. b. Straife alias Stray See Estrae Straites anno 18. H. 6. ca. 16. Streme workes is a kinde of worke in the Stannaries for saith M. Camden titulo Cornwall pag. 119. Horum Stannariorum siue metallicorum operum duo sunt genera Alterum Lode-works alterum streme-works vocant Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur fluuiorum alueos subinde deflectunt illud in locis aeditioribus cùm in montibus puteos quos Shafts vocant in magnam altitudinem defodiunt cuniculos agunt These you may read mentioned anno 27. H. 8. ca. 23. Stirks Strip See Estreapement Stuard alias steward senescallus seemeth to be compounded of Steede and ward and is a word of many applications yet alway signifieth an officer of cheife accoumpte within the place of his sway The greatest of these is the Lord high Steward of England whose power if those antiquities be true which I haue read is next to the kings and of that heighth that it might in some sort match the Ephori amongst the Lacedemonians The custome of our commonwealth hath vppon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but onely for the dispatch of some especiall businesse at the arraignment of some Noble man in the case of treason or such like which once ended his commission expireth Of the high Steward of Englands Court you may reade Cromptons Iurisdiction fol. 82. I haue reade in an auncient manuscript of what credit I know not that this officer was of so great power in auncient times that if any one had sought iustice in the Kings court and not found it he might vpon complaint thereof made vnto him take those petitions and reseruing them to the next Parlament cause them there to bee propounded and not onely so but also in the presence of the King openly to rebuke the Chaunceler or any other Iudge or officer whom he found defectiue in yeelding iustice And if in case the Iudge or officer so reprehended did alledge that his defect grew from the difficultie of the case insomuch as he durst not aduenture vpon it then the case being shewed and so found the Lord steward together with the Constable of England there in the presence of the King and Parlament might elect 25. persons or more or fewer according to their discretion and the case or cases in question some Earles some Barons some Knights some Citizens and Burgesses which vpon deliberation should set downe what they thought iust and equal and their decree being read and allowed by Parlament did stand as a law for euer fardermore if the Chaunceler or other Iudge or officer could not well approue that the delay of iustice complained of grew from iust difficultie by reason that the case in question was formerly determined by lawe or statute then might the steward on the Kings behalfe admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parlament was wont to remoue him and assigne another of better hope to the place Lastly if the king had about him any such euill Counceller as aduised him to things vniust or vnanswerable to his Maiestie as tending either to the disherifon of the Crowne publike hurt or destruction of the subiect The office of the Steward was taking to him the Constable and other great men with some of the Commons and giuing notice to the King of their intention to send to that Counseler and will him to desist from misleading the king yea if need so required to charge him to stay no longer about him but to depart from the Court which if he neglected to performe then they might send to the King and will him to remoue him and if the king refused then they might take him as a publike enemie to the King and Realme seise on his goods and possessions and commit his body to safe custody vntill the next Parlament there to be Iudged by the whole kingdome examples are brought of Godwin Earle of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earle of the same County in the reigne of Henry the third and of Peter Gaueston in Edward the seconds daies But experience as I said hath found this officer more daungerous then profitable and therefore hath time taught though not wholly to suppresse him yet to limite him to particular occasion and to restraine his power Then is there the Steward of the Kings most honourable houshould anno 24. H. 8. cap. 13. whose name is changed to the name of great Master anno 32. eiusdem cap. 39 But this statute was repealed by anno prim Mar. 2. Parlam cap. 4 and the office of the Lord Steward of the Kings houshold reuiued where you may at large reade diuers things touching his office As also in Fitzh nat br fol. 241. B. Of this Officers auncient power reade Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33. H. 8. cap. 12. To be short this word is of so great diuersitie that there is not a corporation of any accompt or house of any honour almost through the realme but it hath an officer toward it of this name A steward of a maner or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienare It signifieth in our Language generally a man borne out of the land or vnknowne but in the lawe it hath an especiall signification for him that is not priuie or a party to an act as a Straunger to a iudgement oldna br fol. 128. is he to whome a iudgement doth not belong And in this signification it is directly contrarie to partie or priuie See Priuie Submarshall submarescallus is an officer in the Marshal sea that is deputie to the chiefe Marshall of the Kings house commonly called the Knight Marshall and hath the custody of the prisoners there Cromptons Iurisdict fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chauncerie vpon such case onely as the common lawe faileth in and hath not prouided

signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce ●tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br fol. 175. Super statuto facto pour seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his court of freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actiō opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and

of the same country to say the truth vpon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall goe a habeas corpora and after a distresse vntill they come old nat br fol. 157. See how diuersly this writ is vsed in the table of the Register Iudiciall There is also a writ of this name that is originall as appeareth in the Register orig fol. 200. b. which M. Lamberd in his processes annexed to his Eirenarcha saith to be the common proces vpon any presentment not being felony nor especially appointed for the fault presented by statute Whereof he setteth downe an example in the same place See also the new booke of Entries verbo Enquest fol. 253. columna 1. 2. 3. Venire facias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or neare place As for example twelue of the Assise ought to be of the same Venew where the Demaund is made old nat br fol. 115. and in the statute anno 4. H. 4. ca. 26. anno 25. H. 8. ca. 6. I finde these words And also shall returne in euery such panell vpon the venire facias sixe sufficient Hundreders at the least if there be so many within the Hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that faith shee is with childe and thereby withhouldeth land from him that is the next heire at the common law Register originall fol. 227. a. Verdour viridarius commeth of the French verdior i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his forest lawes pag. 332. defineth him a Iudiciall officer of the Kings forest chosen by the King in the full county of the same shire within the forest where he doth dwell and is sworne to maintaine and keepe the Assises of the forest and also to view receiue and inrolle the Attachments and presentments of all maner of trespasses of the forest of vert and venison And the same authour vpon the first artitle of Canutus charter in the beginning of the same part saith that these in the Saxons times were called Pagened being foure in number and they chiefe men of the forest as then they were Their fee was in Canutus time each of them euery yeare of the Kings allowance two horses one of them with a saddle another of them without a saddle one sword fiue Iauelins one speare one shield and ten pounds in money These foure as appeareth by the said charter nu 11. had regalem potestatem and might proceede to a threefold iudgement And if any man offered them or any of them violence if he were a free man he should loose his freedome and all that he had if a villein he should loose his right hand All the officers of the forest were to be corrected and punished by them ibidem nu 10. The verdour is made by the Kings writ Cromptons Iurisd fol 165. the forme of which writ you haue in Fitzh nat br fol. 164. which is directed to the Shyreeue for the choice of him in a full County by the assent of the said County Yet if a verdour bee sodainely sicke or dead at the time of the Iustice seate a new may be chosen without a writ Manwood parie prim pag. 72. the office is as Crompton saith loco allegato properly to looke to the vert and to see that it be wel maintained Also when any forfeiture is taken in the Forest before the Foristers or other ministers the price thereof shall be deliuered to the verdour who is to answer for it before the Iustices in Eyre And if he die his heire is chargeable therewith Crompton ibidem The forme of his oath at his admittance you may see in Manwoods first part of his Forest lawes pag. 51. who there calleth him verderour aliâs verdictor You shall truly serue our Soueraigne Lord the King in the office of a verderor of the Forest W. you shall to the vttermost of your power and knowledge do for the profit of the King so farre as it doth apperteine vnto you to do You shall preserue and maintaine the auncient rights and franchises of his Crowne you shall not conceale from his Maiestie any rights or priuiledges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shal endeuour your selfe to manifest and redresse the same and if you cannot doe that of your selfe you shall giue knowledge thereof vnto the King or vnto his Iustice of the Forest You shall deale indifferently with all the Kings liege people you shall execute the lawes of the Forest and do equall right and iustice as well vnto the poore as vnto the rich in that appertaineth vnto your office you shall not oppresse any person by colour thereof for any reward fauour or malice All these things you shall to the vttermost of your power obserue and keepe Their office is farder expressed eodem pag. 93. which is to sit in the court of attachment to see the attachments of the Forest to receiue the same of the Foresters and Woodwards that do present them and then to enter these Attachments into their rolles Verdict veredictum is the answer of a Iurie or Enquest made vpon any cause ciuill or criminall committed by the court to their consideration or triall And this verdict is two-fold either generall or especiall Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is giuen or brought into the Court in like generall termes to the generall issue as in an action of disseisin the Desendant pleadeth No wrong no disseisin Then the issue is this in generall whether the fact in question be a wrong or not And this committed to the Iurie they vpon consideration of their euidence come in and say either for the plaintiffe that it is a wrong and disseisin or for the Defendant that it is no wrong no disseisin And againe the prisoner at the barre pleading Not guiltie the Enquest in like generall termes bring in their verdict either for the King Cuilty or for the prisoner Not guilty A speciall verdict is that whereby they say at large that such a thing and such they find to be done by the Defendant or Tenent so declaring the course of the fact as in their opinions it is proued and for the qualitie of the fact they pray the discretion of the Court. And this speciall verdict if it containe any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof reade diuers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Litleton fol. 78. 79. See the new booke of Entries verb. Verdict Verge virgata may seeme to come from the French verger i. viridarium hortus It is vsed here in England for the compasse

from A. to C. Warranty collaterall is that wherevnto he is called by the tenent vpon the couenant of him from whome the land could not descend to the party called For example B. the sonne pourchaseth tenements in fee whereof A. his father disseiseth him and selleth them to C. with a clause of warranty A being deade C. is impleaded for the tenements and calleth B. to warranty This warranty wherevnto B. is caled is collaterall by cause the tenements if the warrnty had not beene couenanted by A. could not haue descended from him to his father A. for they were his owne by Pourchase Many other exāples there be of this in Litleton And this very case he maketh his example of warranty by disseisin as also of warranty collaterall which plainly argueth that warranty by disseisin and warranty collaterall are not distinct members of warranty but may be confounded though one warranty may cary both names in diuers respects For there is some warranty collaterall that beginneth not by disseisin For example A. tenent in taile alienateth to B. in fee and dieth leauing issue C. Afterward D. brother to A. and vncle to C. releaseth to B. with warranty and dying leaueth C. his heire being next of blood vnto him This warranty is collaterall because it descendeth vpon C. from his vncle D. and yet it beginneth not by desseisin of his said vncle Warranty hath a double effect one to debarre him vpō whome it discendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the tenent if by him he be vouched thereunto or els to giue him as much other land by exchange But as the former of these effects taketh place with all heires except those to whome the land warranted was intailed and that reape no equiualent benefit by the first warranter anno 6. Ed. pri ca. 3. soe the latter preiudiceth none that receiueth not sufficient land from the first warranter to make it good Bracton lib. 5. tractat 4. ca. 8. nu pri cap. 13. nu 2. In the custumaric of Norm ca. 5. you haue vouchement degarant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the wartanter into the court to make good his sale or gift Warantiadiei is a writ lying in case where a man hauing a day assigned personally to appeare in court to any action wherein he is siewed is in the meane time by commaundement imployed in the Kings seruice so that he cannot come at the day assigned This writ is directed to the Iustices to this end that they neither take nor record him in defaulte for that day Register originall fol. 18. Of this you may read more in Fitzh nat br fol. 17. and see Glanuile lib. pri ca. 8. Warantia chartae is a writ that lieth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or writ of Entrie wherein he cannot vouche or call to warranty for in this case his remedy is to take out this writ against the seoffour or his heire Register orig fol. 157. Fitzh nat br fol. 134 Of this you may likewise reade Fleta lib. 6. ca. 35. and West parte 2. simb titulo Fines sect 156. Warrantia custodia is a writ Iudiciall that lyeth for him that is challenged to be ward vnto another in respect of land said to be houlden in Knights seruice which when it was bought by the auncesters of the ward was warranted to be free from such thraldome And it lieth against the warranter and his heires Register Iudiciall fol. 36. Warrant of Atturney See Leter of Atturney and Waranty Wardwite significat quietantiam misericordia in casu quo non invenerit quis hominem ad wardam faciendam in castra vel alibi Flet a lib. 1. cap. 47. Warren Warrenna aliâs varrenna commeth of the French Garrenne 1. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum di●ntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attica cap. 20. A warren as we vse it is a prescription or graunte from the king to a man of hauing fesants partridges connies and hares within certaine of his lands Cromptons Iurisdict fol. 148. where he saith that none can haue warren but onely the King no more then Forest or chase Because it is a speciall priuiledge belonging to the King alone And a little after he hath words to this effect The king may graunt warren to me in mine owne lands for fesants and partridges onely And by this graunt no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the 〈◊〉 of the 〈◊〉 as to eate corne and pille the barke of apple trees M. Manwood in his first part of Forest lawes saith thus of it A warren is a fraunchise or priuiledged place of pleasure onely for those beasts and foules that are beasts and foules of warren tantùm campestres non syluestres viz. For such beasts and foules as are altogether belonging to the feilds and not vnto the woods and for none other beasts or foules There are but two beasts of warren that is to say Hares and Connies and there are also but two foules of warren viz. Fesants and partridges And none other wild beasts or birds haue any firme peace priuiledge or protection within the warren If any person be found to be an offender in any such free warren he is to be punished for the same by the course of the common law and by the statute auno 21. Ed. 3. called the statute de male factoribus in parcis chaceis c. For the most parte there are not officers in a warren but the master of the game or the keeper A free warren is some time in closed and also the same some time doth lie open for there is no necessity of inclosing the same as there is of a park for if a park be suffered to lie open it ought to be seised into the kings 〈…〉 Manwood Warscot is the contribution that was wont to be made towards armour in the Saxons time In Canutus his charter of the Forest set out by M. Manwood in the first part of his Forest lawes num 9. you haue these wordes Sint omnes tam primarii quàm mediocres minuti immunes liberi quietiab omnibus prouincialibus summonitionibus popularibus placitis quae Hundred laghe Angli dicunt ab omnibus armorum oncribus quod Warscot Angli dicunt forinsecis querelis VVarwit aliâs VVardwit is to be quite of giuing money for keeping of watches New exposition of lawe termes VVaste vastum commeth of the French gaster i. populari It signifieth diuersly in our common lawe first a spoile made either in houses woods gardens orchards c. by the tenent for terme of life or for terme of anothers life

the Parson of the Church dying a straunger presenteth his Clerke to the Church he not hauing moued his action of Quare impedit nor darrein presentment within sixe monethes but suffered the straunger to vsurpe vpon him And this writ he only may haue that claimeth the Aduowzen to himselfe and to his heires in fee. And as it lyeth for the whole aduowzen so it lyeth also for the halfe the third the fourth part old nat br fol. 24. Register originall fol. 29. Recto de custodia terrae haeredis is a writ that lyeth for him whose Tenent houlding of him in Chiualry dyeth in his nonage against a straunger that entreth vpon the land and taketh the body of the heire The forme and farder vse whereof see in Fitzh nat br fol. 139. and the register originall fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the kings court sc in the common plees doth avow vpon his tenent and the Tenent disclaimeth to hould of him vpon the disclaimer he shall haue this writ and if the Lord auerre and proue that the land is houlden of him he shall recouer the land for euer old nat br fo 150. which is grounded vpon the statute Westm 2. ca. 2. anno 13. Ed. pri which statute beginneth Quia Domini feudorum c. Rector is both Latine and English signifiing a Gouernour In the common law rector ecclesia parochialis is he that hath the charge or cure of a parish Church qui tantum ius in ecclesia parochiali habet quantum praelatus in ecclesia collegiata ca. vlt De locat Conduct in glos verbo Expelli potuissent In our common law I heare that it is lately ouer ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicarage endowed and he that hath a personage without a vicarage is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton vseth it otherwise lib 4. tracta 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios vt personae Where it is plaine that rector and persona be confounded Marke also these words there following Item dici possunt rectores Canonici de ecclesus praebendatis Item dici possunt rectores vel quasi Abbates Priores alii qui habent ecclesias ad proprios vsus Rectus in curia is he that standeth at the barre and hath no man to obiect any offence against him Smith de repub Angl li. 2. c. 3. see a. 6. R. 2. sta 1. c. 12. Reddendum is vsed many times substantiuely for the clause in a lease c. Whereby the rent is reserued to the leasour Coke lib. 2. Lord Cromwels case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adiudged to haue disseised the same man of his lands or tenements For the which there lyeth a speciall writ called a writ of redisseisin old nat br fol. 106. Fitzh nat br fol. 188. See the new booke of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin Reg. orig fo 206. 207. Reddicion is a iudiciall confession and acknowledgement that the land or thing in demaūd belongeth to the demaundant or at the least not to himselfe a. 34. 35. H. 8. ca. 24. Perkins Dower 379. 380. Redubbours be those that buy cloth which they know to be stollen and turne it into some other forme or fashion Britton cap. 29. Cromptobs Vicount fol. 193. a. Reentry cōmeth of the French r●●trer i. rursus intrare and signifieth in our common law the resuming or taking againe of possession which we had ●●●st forgone For example if I make a lease of land or tenement I doe thereby forgoe the possession and if I doe condition with the Leassee that for non payment of the rent at the day it shal be lawfull for me to reenter this is as much as if I conditioned to take againe the lands c. into mine owne hands and to recouer the possession by mine owne fact without the assistance of Iudge or proces Reere countie See Rier Cowntye Re extent is a a second extent made vpon lands or tenements vpon complaint made that the former extent was partially performed Brooke titulo Extent fol. 313. Regard regardum is borowed of the French Regard or Regardure i. aspectus conspectus respectus and though it haue a generall signification of any care or diligence yet it hath also a speciall acceptance and therein is vsed onely in maters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging tothe Regarders office or charge Cromptons Iurisd fol. 175. 199. Touching the former thus saith M. Manwod parte pri of his Forest lawes pag. 198. The Eire generall sessions of the Forest or Iustices seat is to be houlden and kepte euery third yeare and of necessity before that any such sessions or Iustices seate can be houlden the Regarders of the Forest must make their Regard And this making of the Regard must be done by the kings writ And the Regard is as he afterward there saith to goe through the whole Forest and euery Bayliwicke of the same to see and enquire of the trespasses of the Forest which he compriseth in these 4. viz. ad videndendum ad inquirendum ad imbreviandum ad certificandum Of euery of which braunches you may reade there his exposition Touching the second signification the compas of the Regarders charge is the whole Forest that is all that ground which is parcell of the Forest For there may be woods within the limits of the Forest that be no parcell thereof and those be without the Regard as the same author plainely declareth parte pri pag. 194. and againe parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra Regardum or Rewardum Infra Forestam Regarder Regardator commeth of the French Regardeur i. spectator signifieth an officer of the Forest Cromptons Iurisdict fol. 153. where it is thus defined A Regarder is an officer of the Forest appointed to survew all other officers He saith there also that this officer was ordeined in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag. 188. thus defineth him A Regarder is an officer of the Kings Forest that is sworne to make the Regard of the Forest as the same hath been vsed to be made in auncient time And also to view and inquire of all offences of the Forest as well of vert as of venison and of all concealements of any offences or defaults of the Foresters and of all other officers of the Kings Forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings