from the Fr. Merci i. misericordia signifies the pecuntary punishment of an offender against the King or other Lord in his Court that is found to be in misericordia i. to have offended and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines These as they are taken for punishments are punishments certain which grow expresly from some Statute but Amerciaments are arbitrably imposed by Affeerors See Kitchin fol. 78. and 214. Manwood in his first part of Forest Laws pag. 166. makes another difference as if an Amerciament were a more easie or merciful penalty and a Fine more sharp and grievous Take his words If the Pledges for such a Trespass appear by common Summons and not the Defendant himself then the Pledges shall be imprisoned for the Defendants default But otherwise it is if the Defendant himself appear and be ready in Court before the Lord Justice in Eyre to receive his Judgment and to pay his Fine But if such Pledges make default they shall be Amerced but not Fined The Author of the New Terms of Law saith That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done for which he puts himself upon the mercy of the Lord Who also mentions an Amerciament Royal and defines it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the King by Justices for some offence Ratcliff Baron of the Exchequer 2 Hen. 7. fol. 7. See Misericordia Amortization amortizatio Fr. amortissement Est praediorum translatio in manum mortuam quod tamen sine venia Principis non fiat Jus amortizationis est privilegium seu licentia capiendi in manum mortuam In the Statute De libertatibus perquirendis Anno 27 Edw. 1. the word Amortisement is used See Mortmain Amortize from the Fr. amortir Is to Alien Lands or Tenements to any Corporation Guild or Fraternity and their Successors which cannot be done without Licence of the King and the Lord of the Mannor Anno 15 Rich. 2. cap. 5. See Mortmain and the Statute of Amortizing Lands made tempore Edw. 1. Amoveas manum See Ouster le Main An jour Waste Annus Dies Vastum Look Year Day and Waste Ancorage ancoragium A duty taken of Ships for the Pool of the Haven where they cast Anchor M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port without paying therefore to the Kings Officers appointed by Patent Ancestor antecessor Is well known but we make this difference betwixt that and Predecessor the first is applied to a natural person as I. S. Antecessores sui the other to a Body Politick or Corporate Episcopus Winton Predecessores sui Coke on Littl. Lib. 2. cap. 4. Sect. 103. Ancestrel As Homage Ancestrel i. Homage that hath been done or performed by ones Ancestors See Homage Ancient Fr. ancien In Greys-Inn the Society consists of Benchers Ancients Barrasters and Students under the Bar where the Ancients are of the more Ancient Barrasters In the Inns of Chancery there are onely Ancients and Students or Clerks and among the Ancients one is yearly the Principal or Treasurer In the Middle-Temple Ancients are such as are past their Reading and never read Ancient demean or demain vetus Patrimonium Domini Is a certain Tenure whereby all the Mannors belonging to the Crown in the days of Saint Edward or William the Conqueror were held The number and names of which Mannors as of all other belonging to common persons after a Survey made of them he caused to be written in a Book now remaining in the Exchequer and called Dooms-day And those which by that Book appear to have at that time belonged to the Crown and are contained under the Title Terra Regis are called Ancient Demesn Kitchin fol. 98. Of these Tenants there were two sorts one that held their Land frankly by Charter the other by Copy of Court-Roll or by Verge at the Will of the Lord according to the Custom of the Mannor Britton cap. 66. numb 8. The benefit of this Tenure consists in these Points 1. The Tenants holding by Charter cannot be impleaded out of their Mannor or if they be they may abate the Writ by Pleading their Tenure before or after answer made 2. They are free of Toll for all things concerning their Sustenance and Husbandry 3. They may not be empannelled upon any Enquest See more in Fitz. Nat. Br. fol. 14. d. fol. 228 c. By whom it appears these Tenants held originally by Ploughing the Kings Land plashing his Hedges or such like towards the maintenance of his Houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have Writs to such as take the Duties of Toll as likewise for Immunity of Portage Passage or such like No Lands ought to be accounted Ancient Demesn but such as are held in Soccage See Monstraverunt and Demain Ancienty Fr. anciennete i. ancientnes In the Statute of Ireland 14 Hen. 3. is used for Eldership or Seniority As The Eldest Sister can demand no more then her other Sisters but the chief Mease by reason of her Ancienty Andena A swath in Mowing See Dole Annats annates Are all one with First-fruits Anno 25 Hen. 8. cap. 20. The reason is because the rate of First-fruits paid of Spiritual Livings is after one years profit Annates more suo appellant primos fructus unius anni sacerdotii vacantis aut dimidiam eorum partem says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note Annates Primitiae and First-fruits are all one Cokes 12. Rep. fol. 45. See First-fruits Anniented from the Fr. aneantir i. To make void signifies as much as frustrated or brought to nothing Littleton lib. 3. cap. Warranty Anniversary days dies anniversarii Were of old those days wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church or the days whereon at every years end Men were wont to pray for the Souls of their deceased Friends according to the continued custom of Roman Catholicks mentioned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons as you may see in Lib. Rames Sect. 134. Annua pensione Is a Writ now difused whereby the King having an Annual Pension due to Him from an Abbor or Prior for any of His Chaplains whom He should think good to nominate being as yet unprovided of suffiliving demands the same of the said Abbot or Prior and also wills him for His Chaplains better assurance to give him His Letters Patent for the same Register of Writs fol. 265 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this in respect of their Foundation or Creation Anno Domini Is the computation of time from the
immunis whereas Fundus sine scripto censum pensitabat annuum atque officiorum quadam servitute est obligatus Priorem viri plerumque nobiles atque ingenui posteriorem rustici ferè pagani possidebant Illam nos vulgò Freehold per Chartam hanc ad voluntatem Domini appellamus Thus Lambert Charter-party Lat. Charta partita Fr. Chartre-parti i. A Deed or Writing divided Is that among Merchants and Sea-â—aring men which we commonly call a Pair of Indentures containing the Covenants and Agreements made between them touching their Merchandise and Maritime Affairs Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case and 2 Inst fol. 673. Chartis Reddendis Is a Writ which lies against him that hath Charters of Feoâ—ment entrusted to his keeping and refuseth to deliver them Old Nat. Br. fol. 66. Reg. of Writs fol. 159. Chase Fr. Chasse Signifies two things First a driving Cattle to or from any place as to chase a Distress to a Fortlet Old Nat. Br. fol. 45. Secondly it is a place of Receipt for Deer and Wilde Beasts of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as the Courts of Attachment Swain-mote and Justice-seat and yet of a larger compass and stored with greater diversity both of Keepers and Wilde Beasts or Game then a Park Crompton in his Jurisd fol. 148. says A Forest cannot be in the hands of a Subject but it forthwith loseth its name and becomes a Chase and yet fol. 197. he says A Subject may be Lord and owner of a Forest which though it seems a contradiction yet both sayings are in some sort true For the King may give or alienate a Forest to a Subject yet so as when it is once in the Subject it loseth the true property of a Forest because the Courts called the Justice-seat Swain-mote and Attachment do forthwith vanish none being able to make a Lord Chief Justice in Fyr of the Forest but the King as Manwood well observes Par. 2. cap. 3. 4. Yet it may be granted in so large a manner as there may be Attachment Swain-mote and a Court equivalent to a Justice Seat as appears by him in the same Chapter num 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in his proper and true nature cannot and from a Park in that it is not enclosed and hath not onely a larger compass and more variety of Game but of Keepers also and Officers See Forest Chattels or Catals Catallia alias Capitalia Comprehend all Goods moveable and immoveable except such as are in nature of Freehold or parcel of it as may be collected out of Stamf. Praerog cap. 16. and Anno 1 Eliz cap. 2. Yet Kitchin fol. 32. says That Money is not to be accounted Goods or Chattels because it is not of it self valuable nor Hawks and Hounds for they are Ferae naturae Chattels are either personal or real Personal may be so called in two respects One because they belong immediately to the person of a Man as a Bow Horse c. The other for that being any way injuriously withheld from us we have no means to recover them but Personal Actions Chattels real are such as either appertain not immediately to the person but to some other thing by way of dependency as a Box with Charters of Land Apples upon a Tree or a Tree it self growing on the Ground Cromp. Just of Peace fol. 33. or else such as are issuing out of some immoveable thing to a person as a Lease or Rent for term of years See Bracton lib. 3. cap. 3 num 3. 4. Chattels are bona quaecunque mobilia immobilia propriè tamen ea bonorum pars quae in animalibus consistit a quorum capitibus res ipsae alias capita alias capitalia dicta sunt Spelman Chaumpert Et quod tam praedictae xx virgatae terrae quam terrae unde dicta quaterviginti quarteria srumenti annua proveniunt de nobis in Capite per servitium vocatum Chaumpert viz. Undecimae garbae nobis per manus tenentium toâ—rarum earundem annuatim solvendae tenentur Pat. 35 Edw. 3. pag. 2. m. 18. Hospital de Bowes infra Insulam de Gernesey Chaunce-medley See Chance-medley Chaunter Cantator A Singer in the Quire Anno 13 Eliz. cap. 10. At S. Davids in Pembrokeshire the Chaunter is next to the Bishop for there is no Dean Cam Britan. Chauntry Cantaria Aedes sacra ideo instituta dotata praediis ut Missa ibidem cantaretur pro anima fundatoris propinquorum ejus These were usually little Chappels or particular Altars in some Cathedral or Parochial Church and endowed with Lands or other Revenue for the maintenance of one or more Priests to officiate as abovesaid Mentioned 37 Hen. 8. cap. 4. 1 Edw. 6. c. 14. 15 Car. 2. cap. 9. Of these Chantries there were forty seven belonging to S. Pauls Church in London for which see Mr. Dugdales History of that Church Sciant quod ego Reginaldus Suard dedi Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae c. Dat. apud Leominstre die Martis prox post Festum Sancti Hillarii Anno 7 Hen. 5. Chawdren of Sea-Coals Anno 9 Hen. 5. cap. 10. See Chaldron Check-Roll Is a Roll or Book containing the names of such as are attendants and in pay to the King or other great persons as their Houshold-servants Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted or derived from the Exchequer which vide Clerk of the Check see in Clerk Chemin See Chimin Chensers Anno 27 H. 8. cap. 7. Quaere If not such as paid tribute or Cense Quit-rent or Cheif Rent For so the Fr. Censier signifies Cherset See Churchesset Chevage Chevagium from the Fr. chef i. caput Signifies a Tribute or sum of Money formerly paid by such as held Lands in Villanage or otherwise to their Lords in acknowledgment and was a kinde of Head or Poll-Money Whereof Bracton lib. 1. cap. 10. says thus Chevagium dicitur recognitio in sig num subjectionis Dominii de capite suo It seems also to be used for a sum of Money yearly given to a Man of power for his Countenance and Protection as to their cheif Head or Leader Lambert lib. 2. cap. 5. Eirenarch writes it Chivage we now call it Chiefage Est apud Wallos Chevagii genus quod Amabr vocant Principi Walliae pro maritandis filiabus olim ab omnibus ut asserunt hodie a quibusdam etiam liberis persolutum says Spelman on the word Chevagium See Coke on Littl. fol. 140. Chevisance Fr. Chevissance An Agreement or Composition made an End or Order set down
other Offendors there arraigned or indicted upon any publick crime He is otherwise termed Clerk of the Crown Office And Anno 2 Hen. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench. Clerk of Assise Clericus Assisorum Is he that writes all things judicially done by the Justices of Assise in their Circuits Cromp. Jurisd fol. 227. Clerk of the Chest Anno 16 Car. 2. c. 5. Keeps an accompt of the Moneys collected and kept in a Chest for the use of sick and maimed Seamen and Mariners Clerk of the Estreats Clericus Extractorum Is a Clerk belonging to the Exchequer who Termly receives the Estreats out of the Lord Treasurers Remembrancers Office and writes them out to be levied for the King He also makes Schedules of such sums estreated as are to be discharged See the Practice of the Exchequer pag. 82. Clerk of the Pell Clericus Pellis Is a Clerk belonging to the Exchequer whose Office is to enter every Tellers Bill into a Parchment Roll called Pellis Receptorum and also to make another Roll of Payments which is called Pellis Exituum wherein he sets down by what Warrant the Money was paid This Officer is called in ancient Records Clericus Domini Thesauri Clerk of the Warrants Clericus Warrantorum Is an Officer belonging to the Court of Common Pleas who entreth all Warrants of Atturney for Plaintiff and Defendant and inrols all Deeds of Indentures of Bargain and Sale which are acknowledged in the Court or before any Judges out of the Court. And he Estreats into the Exchequer all Issues Fines and Amerciaments which any way grow due to the King in that Court and hath a standing Fee of Ten pounds of the King for making the same Extreats See Fitzh Nat. Br. fol. 76. Clerk of the Pettibag Clericus Parvae bagae Is an Officer of the Chancery of which sort there are three and the Master of the Rolls their cheif Their Office is to record the Return of all Inquisitions out of every Shire to make all Patents of Customers Gangers Comptrollers and Aulnegers all Conge de Eslires for Bishops all Liberates upon Extents of Statute Staples the recovery of Recognisances forfeited and all Elegits upon them the Summons of the Nobility Clergy and Burgesses to the Parliament Commissions directed to Knights and others of every Shire for Assessing Subsidies Writs for the nominations of Collectors for Fifteenths and all Traverses upon any Office Bill or otherwise to receive the Fees for Homages due to the Lord Great Chamberlain of the Nobility Bishops c. This Officer is mentioned 33 Hen. 8. cap. 22. Clerk of the Kings Great Wardrobe Clericus Magnae Garderobae Regis Is an Officer of the Kings House that keeps an Accompt or Inventary in Writing of all things belonging to the Kings Wardrobe Mentioned Anno 1 Edw. 4. cap. 1. Clerk of the Market Clericus Mercati Hospitii Regis Is an Officer of the Kings House Anno 1 Edw. 4. cap. 1. and Anno 13 Rich. 2. cap. 4. whose duty is to take charge of the Kings Measures and to keep the Standards of them that is The examples of all the Measures that ought to be through the Land As of Elns Yards Lagens Quarts Pottles Gallons c. Of Weights Bushels and such like and to see that all Measures in every place be answerable to the said Standard Fleta lib. 2. cap. 8 9 10 11 12. Of which Office as also of our diversity of Weights and Measures you may there finde a Treatise worth the reading Britton also in his 30 Chap. saith in the Kings Person to this effect We will that none have Measures in the Realm but we our selves but that every Man take his Measures and Weights from our Standards And so goes on with a Tractat of this matter that well shews the ancient Law and Practice in this point Touching this Officers duty you have also good Statutes Anno 13 Rich. 2. cap. 4. and Anno 17 Car. 1. cap. 19. See 4 Inst fol. 273. Clerk of the Kings Silver Clericus Argenti Regis Is an Officer belonging to the Court of Common Pleas to whom every Fine is brought after it hath been with the Custos Brevium and by whom the effect of the Writ of Covenant is entred into a Paper-Book and according to that Note all the Fines of that Term are also recorded in the Rolls of the Court. And his Entry is in this form He puts the Shire in the Margin and then saith A. B. dat Domino Regi dimidium marcam or more according to the value pro licentia concordandi 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 duty is in the Sessions to read the Endictments to enrol the Acts and draw the Process To record the Proclamations of Rates for Servants Wages to enrol the discharge of Apprentices to keep the Counterpart of the Indenture of Armor to keep the Register Book of Licenses given to Badgers and Laders of Corn and of those that are Licensed to shoot in Guns and to certifie into the Kings Bench Transcripts of Indictments Outlaries Attainders and Convictions had before the Justices of the Peace within the time limitted by Statute Lamberts Eiren. lib. 4. cap. 3. fol. 379. Clerk of the Signet Clericus Signeti Is an Officer attendant continually on His Majesties Principal Secretary who always hath the custody of the Privy Signet as well for sealing His Majesties private Letters as also such Grants as pass His Majesties Hand by Bill signed Of these there are four that attend in their course and have their diet at the Secretaries Table More largely you may read of their Office in the Statute made Anno 27 H. 8. cap. 11. Clerk of the Privy Seal Clericus Privati Sigilli There are four of these Officers that attend the Lord Privy Seal or if none such the Principal Secretary writing and making out all things that are sent by Warrant from the Signet to the Privy Seal and are to be passed to the Great Seal as also to make out as they are termed Privy Seals upon any special occasion of His Majesties affairs as for Loan of Money and such like Of this Officer and his Function you may read the Statute 27 H. 8. cap. 11. He that is now called the Lord Privy Seal seems in ancient time to have been called Clerk of the Privy Seal and to have been reckoned notwithstanding in the number of the great Officers of the Realm Read the Statute 12 Rich. 2. cap. 11. Clerk of the Juries or Jurata Writs Clericus Juratorum Is an Officer belonging to the Court of Common Pleas who makes out the Writs called Habeas Corpora and Distringas for appearance of Juries either in Court or at the Assises after the Jury or Panel is returned upon the Venire facias He
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
Sciant quod ego Johannes Lovet Miles Dominus de Elmeley Lovet Dedi Waltero le Blount fratri meo Johanni Filio suo Filiolo meo quindecim solidos annui reditus c. Sine dat Here Filiolus is used for a Nephew for Walter Blount married the sister of this Sir John Lovet unless John the Son were also Godson to Sir John Filkale See Sothale and Fictale File Filacium A Thred or Wier whereon Writs or other Exhibits in Courts and Offices are fastned properly called Filed for the more safe keeping them Finders Anno 18 Edw. 3. stat 1. and 14 Rich. 2. cap. 10. Seem to be all one with those which in these days we call Searchers Fine Finis Hath divers uses or significations the first and most noble is according to Glanvile lib. 8. cap. 1. Amicabilis compositio finalis concordia ex consensu licentia Domini Regis vel ejus Justiciariorum or a Covenant made before Justices and entred of Record for Conveyance of Lands Tenements or any thing inheritable being In esse tempore Finis to the end to cut off all Controversies Et Finis dicitur Finalis Concordia quia imponit finem litibus est exceptio peremptoria says Bracton lib. 5. tract 5. cap. 28. num 7. See the New Book of Entries verbo Fines And 27 Edw. 1. stat 1. cap. 1. So that this Fine appears to be a Composition or Concord acknowledged and recorded before a Competent Judge touching some Hereditament or thing immovable that was in controversie between the parties to the same Concord and that for the better credit of the transaction it is by imputation made in the presence of the King because levied in his Court and therefore it bindes Women-Covert being parties and others whom ordinarily the Law disables to transact onely for this reason That all presumption of deceit or evil meaning is excluded where the King and His Court of Justice are supposed to be privy to the Act. Originally the use of this Final Concord was instituted and allowed in regard that by the Law and ancient course of Proceedings no Plaintiff giving Real Security or Sureties De clamore suo prosequendo and being to be Fined or Amerced by the Judges if he failed therein which as appeareth by the Records of King Edward the First were duly Estreated and certified into the Exchequer could agree without License of the Court So as Fines have been anciently levied in Personal Actions and for no greater a sum of Money then xi l. But subtilty of Wit and Reason hath in time wrought other uses of it viz. To cut off Intails and with more certainty to pass the interest or title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much as the passing a Fine in most Cases now is but Mera fictio Juris alluding to the use for which it was invented and supposing an Action or Controversie where in truth none is and so not onely operating a present Bar and Conclusion against the parties to the Fine and their Heirs but at five years end against all others not expresly excepted if it be levied upon good consideration and without Covin as Womencovert Persons under Twenty one years Prisoners or such as are out of the Realm at the time of its acknowledging Touching which see the Statutes Anno 1 Rich. 3. cap. 7. 4 H. 7. cap. 14. 32 Hen. 8. cap. 36. and 31 Eliz. cap. 2. This Fine hath in it five essential Parts 1. The Original Writ taken out against the Cognizor 2. The Kings License giving the parties liberty to accord for which he hath a Fine called the Kings Silver being accounted part of the Crowns Revenue 3. The Concord it self which begins thus Et est Concordia talis c. 4. The note of the Fine which is an abstract of the Original Concord beginning thus Sc. Inter R. querentem S. T. uxorem ejus deforcientes c. where in stead of Deforcientes anciently Impedientes was used 5. The foot of the Fine Haec est Finalis Concordia facta in Curia Domini Regis apud Westm a die Poschae in Quindecim dies Anno c. includes all containing the day year and place and before what Justice the Concord was made Coke vol. 6. Casu â—ey fol. 38. This Fine is either single or double a Single fins is that by which nothing is granted or rendred back again by the Cognizees to the Cognizors or any of them A Double fine contains a grant and render back either of some Rent common or other thing out of the Land or of the Land it self to all or some of the Cognizors for some Estate limiting thereby many times Remainders to strangers not named in the Writ of Covenant and a Fine is sometimes called a double fine when the Lands do lie in several Counties Again a Fine is in its effect divided into a Fine executed and a Fine executory a Fine executed is such as of its own force gives a present possession at least in Law to the Conizec so that he needs no Writ of Habere facias Seizinam for 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 upon acknowledgment that the thing mentioned in the Concord is Jus ipsius cognizaâ—i ut illa quae idem habet de dono Cognitoris West sect 51. K. The reason is because this Fine passeth by way of Release of that thing which the Conizee hath already at least by supposition by vertue of a former gift of the Conizor Coke lib. 3. Case of Fines fol. 89. b. Which is in very Deed the surest Fine of all Fines Executory are such as of their own force do not execute the possession in the Cognizees as Fines Sur cognizance de droit tantum Fines sur done Grant Release Confirmation or Render For if such Fines are not levied or such render made to those who are in possession at the time of the Fines levied the Conizees must needs sue out Writs of Habere facias seisinam according to their several Cases for obtaining their possessions except at the levying such Executory fines the parties to whom the Estate is limited be in possession of the Lands passed thereby For in this Case such Fines do enure by way of extinguishment of Right not altering the Estate or Possession of the Cognizee but perhaps bettering it West Symbol sect 20. Touching the form of these Fines it is to be considered upon what Writ or Action the Concord is to be made and that is most commonly upon a Writ of Covenant and then there must first pass a pair of Indentures between the Cognizor and Cognizee whereby the Cognizor Covenants with the Cognizee to pass a Fine to him of such and such things by a day limited As these Indentures are first in this proceeding
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Traditionem Magni Sigilli sibi per Dominum Regem and by taking his Oath 4 Inst fol. 87. Kéepers of the Liberties of England by Authority of Parliament See Custodes Libertatis Kéeper of the Privy Seal Custos privati Sigilli Is a Lord by his Office through whose hands pass all Charters signed by the King before they come to the Great Seal and some things which do not pass the Great Seal at all He is also of the Kings Privy Council and was anciently called Clerk of the Privy Seal Anno 12 Rich. 2. cap. 11. Gardien del Privy Seal In Rot. Parl. 11 Hen. 4. num 28. And Lord Privy Seal Anno 34 Hen. 8. cap. 4. Kéeper of the Touch Anno 12 Hen. 6. cap. 14. Seems to be that Officer in the Kings Mint which at this day is called Master of the Assay See Mint Kéeper of the Forest Custos Forestae Is also called Cheif Warden of the Forest and hath the principal Government of all things and the check of all Officers thereto belonging And the Lord Cheif Justice in Eyre of the Forest when it pleaseth him to keep his Iustice Seat sends out his general Summons to him forty days before to warn all under Officers to appear before him at a day assigned in the Summons Manw. par 1. p. 156 c. Kennets A sort of course Welsh Cloth mentioned Anno 33 Hen. 8. cap. 3. Kernes Idle persons Vagabonds Nec non de illis qui dicuntur homines ociosi malefactoribus qui etiam Kernys dicuntur Ord. Hibern 31 Edw. 3. m. 11 12. Kernellatus Et Dux sc Lanc. dicit quod ipse clamat pro se haeredibus suis habere Castrum suum de Halton Kernellatum Pl. de quo Warr. apud Cestriam 31 Edw. 3. Fortified or Embattelled Keyles or Kéeles Cyuli or Ciules A kinde of Long Boats of great Antiquity mentioned Anno 23 Hen. 8. cap. 18. Longae Naves quibus Britanniam primò ingressi sunt Saxones Spel. Kidder Anno 5 Eliz. cap. 12. Every person being a Common Badger Kidder Lader or Carrier Says the Statute whereby it seems to signifie one that Badges or carries Corn Dead Victual or other Merchandise up and down to sell called also Kyddiers Anno 13 Eliz. cap. 25. Kiddle Kidel or Kedel Kidellus A Dam or open Wear in a River with a loop or narrow cut in it accommodated for the laying of Weels or other Engins to catch Fish 2 Part. of Cokes Instit Angustias machinas sive ingenia in fluminibus posita ad Salmones aliosque pisces intercipiendos Some Fishermen corruptly call them Kettles The word is ancient for in Magna Charta cap. 24. we read thus Omnes Kidelli deponantur de caetero penitus per Thamesiam Medeweyam per totam Angliam nisi per costeram Maris And in a Charter made by King Iohn power was granted to the City of London De Kidellis amovendis per Thamesiam Medeweyam Anno 1 Hen. 4. cap. 12. It was accorded inter alia That a Survey should be made of the Wears Mills Stanks Stakes and Kidels in the great Rivers of England Inq. capt apud Derb. 15 Nov. 1 Eliz. post mortem Tho. Fyndern c. Et fuit sâ—isitus de uno Kidello vocat a Were ac de libera piscaria in Potlok Esc Bundello 3. Kilketh Was an ancient servile kind of payment For in an old Manuscript I find Kilketh pro qualibet husbandrea 2 denar King of Heralds Rex Heraldorum Is a chief Officer at Armes that hath the preheminence of the Society Among the Romans he was called Pater patratus See Herald King of the Minstrels at Tutbury in Com. Staff his power and priviledge appears in the following Charter JOhan par le grace de Dieu Roy de Castile de Leon Duke de Lancastre a touts ceux que cestes nos letres verront ou orront saluz Saches nous avoir ordonez constitut assignez nostre bien ame le Roy des Ministraulx deins nostre Honeur de Tuttebury quore est ou qui pur le temps serra pur prendre arrester touts les Ministralx deins meisme nostre Honour Franchise queux refusont de faire lour services Ministralcie as eux appurtenants a faire de ancient temps a Tuttebury suisdit annuelment les jours del Assumption de nostre dame Donants grantants au dit Roy des Ministralx pur le temps estant plâ—in poier mandement de les fair resonablement justifier constrener de fair lour services Ministralcies en maner come appeint come illonques ad este use de ancient temps accustome En testimoigniance de quel chose nous avons fait faire cestes nos letres patents don souz nostre privie Seal a nostre Castel de Tuttebury le xxii jour de August le an de regne nostre tresdulces le Roy Richard Second quart Confirmed by Hen. 6. 22. Febr. 21 Regni Item est ibidem quaedam Consuetudo quod Histriones venientes ad matutinds in festo Assumptionis Beatae Mariae habebunt unum Taurum de Priore de Tuttebury si ipsum capere possunt citra aquam done propinquiorem Tuttebury vel Prior dabit eis xl d. pro qua quidem Consuetudine dabuntur Domino ad dictum Festum annuatim xx d. Mon. Angl. 1 Par. fo 355. b. See Minstrels Kings-Bench Bancus Regius from the Sax. Banca a Bench or Form Is the Court or Judgment Seat where the King of England was sometimes wont to sit in his own person and was therefore moveable with the Court or Kings houshold and called Curia Domini Regis or Aula Regis wherein and in the Exchequer which were the only Courts of the King till Henry the Thirds dayes were handled all matters of Justice as well civil as criminal This Court was wont in ancient times to be especially exercised in all criminal matters and Pleas of the Crown leaving private Contracts and Civil actions to the Common-Pleas and other Courts Glanvil lib. 1. ca. 2 3 c. Smith de Repub. Angl. lib. 2. ca. 11. See Cokes 4 Inst fo 70. Kings silver Is that Money which is due to the King in the Court of Common-pleas pro licentia concordandi in respect of a Licence there granted to any man for levying a Fine Coke Vol. 6. fol 39. a 43. b. Kings Swanheard Magister deductus Cignorum Pat. 16 R. 2. pars 1. m. 38. Radulphum Scot Custodem Cignorem nostrorum five per alium quemcunque qui pro tempore Custos cignorum nostrorum praedictorum fuerit No Fowl can be a stray but a Swan 4 Inst fo 280. Kintal Span. Quintal Is a kind of weight most commonly of one hundred pounds or something under or over according to the divers uses of sundry Nations Plowden fol. 3. in the Case of Renynger and Fogassa mentions 2000 Kintals of Woad Kirkâ—ys-Quest Is an ancient Record remaining with the Remembrancer
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
Br. fol. 92. E. See Trespass and the divers use of this Writ in the Table of Reg. of Writs 2 Inst fol. 419. Transire Anno 14 Car. 2. cap. 11. I used for a Custom-house Warrant or Let-pass from transeo to go forth or let pass Transitory Is the opposite to Local See Local Trantery So in some Mannors they call the Money arising by Amercements of Ale-sellers and Victuallers for breaking the Assise of Bread and Ale as at Luston and other Mannors in Herefordshire especially those belonging to the Brishopric of Hereford But why so called Quaere Travers from the Fr. Traverser i. Transfigere Signifies sometimes to deny sometimes to overthrow or undo a thing or to put one to prove some matter much used in answers to a Bill in Chancery or it is that which the Defendant pleadeth or saith in Bar to avoid the Plaintiffs Bill either by confessing and avoiding or by denying and traversing the material parts thereof The formal words of which Travers are in our French sans ceo in Latin absque hoc in English without that See Kitchin fol. 227. 240. To Travers an Office is nothing else but to prove That an Inquisition made of Goods or Lands by the Escheater is defective and untruly made So to Travers an Indictment is to take issue upon the cheif matter and to contradict or deny some point of it As in a Presentment against A. for a High-way overflown with Water for default of scouring a Ditch c. A. may Travers either the matter that there is no High-way there or that the Ditch is sufficiently scoured or otherwise he may Travers the Cause viz. That he hath not the Land or that he and they whose estate c. have not used to scour the Ditch Lamb. Eiren. lib. 4. cap. 13. pag. 521 522. See the New Book of Entries verbo Travers Treason Fr. Trahison i. Proditio Is divided into high and petit Anno 25 Edw. 3. stat 3. cap. 4. High-treason is defined to be an offence committed against the Security of the King or Commonwealth whether it be by imagination word or deed as to compass or imagin the death of the King Queen or Prince or to deflower the Kings Wife or His eldest Daughter unmarried or His eldest Sons Wife or levy War against the King in His Realm adhere to His enemies counterfeit His Great Seal Privy Seal or Money or wittingly to bring false Money into this Realm counterfeited like the Money of England and utter the same To kill the Kings Chancellor Treasurer Justices of either Bench Justices in Eyre of Assise or of Oyer and Terminer being in their place doing their Office An. 25 Edw. 3. cap. 2. Forging the Kings Seal-Manuel or Privy Signet Privy Seal or Foreign Coyn current here Anno 2 Mar. cap. 6. or diminishing or impairing current Money 5 Eliz. cap. 11. 14 Eliz. cap. 3. and 18 Eliz. cap. 1. Or to say the King is an Heretick or Papist or that He intends to introduce Popery c. Anno 13 Car. 2. cap. 1. And many others which you may read there and in other places particularly expressed In case of this Treason a Man shall be hanged drawn and quartered and forfeit his Lands and Goods to the King it is also called Treason Paramount Anno 25 Edw. 3. cap. 2. Petit Treason Is when a Servant kills his Master a Wife her Husband or when a Secular or Religious Man kills his Prelate or Superior to whom he ows Faith and Obedience and in how many other Cases Petit Treason may be committed See Cromp. Just of Peace This kinde of Treason gives forfeiture of Escheats to every Lord within his own Fee See Bracton lib. 3. tract 2. cap. 3. num 1. 2. There is also mention of Accumulative Treason and Constructive Treason in the Stat. 14 Car. 2. cap. 29. Treasure-trove Fr. Tresor-trouve i. Treasure-found Signifies veterem depositionem pecuniae cujus non extat memoria ut jam dominum non habeat And though the Civil Law give it to the finder according to the Law of Nature yet our Law gives it to the King by His Prerogative or to some other who claims by the Kings grant or by praescription as appears by Bracton lib. 3. Tract 2. ca. 3. nu 4. The punishment for concealing Treasure found is imprisonment and fine But if the owner may any wayes be known then it does not belong to the Kings Prerogative Briton ca. 17. sayes 't is every Subjects part as soon as he has found any Treasure in the earth to make it known to the Coroners of the County c. See Kitchin fo 40. Anno 1 2 Ph. Mary ca. 15. This was anciently called Fyndaringa of finding the Treasure LL. Hen. 1. ca. 11. See 3 Inst fo 132. Treasurer Thesaurarius Is an Officer to whom the Treasure of another is committed to be kept and truly disposed of The chief of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose Government is all the Princes Wealth contained in the Exchequer as also the Check of all Officers any way employed in collecting Imposts Tributes or other Revenues belonging to the Crown c. Smith de Repub. Angl. lib. 2. ca. 14. See Anno 20 Ed. 3. ca. 6. and other Statutes relating to this Great Officer There is also Treasurer of the Kings Houshold who is also of the Privy-Council and in the absence of the Steward of the Kings houshold has power with the Controller and Steward of the Marshalsea without Commission to hear and determin Treasons Murder c. committed within the Kings Palace Stam. Pl. Cor. lib. 3. ca. 5. There is also in the Statutes mention of Treasurer of the Exchequer Treasurer of the Navy Treasurer of the Kings Chamber Treasurer of the Kings Wardrobe Treasurer of the Wars c. And most Corporations throughout the Kingdom have an Officer of this Name who receives their Rents and disburseth their common expences Treat From the French Traire i. Emulgerâ— Signifies as much as taken out or withdrawn As a Juror was challenged because he could not dispend 40 l. and therefore was treat by the Statute Old Nat. Br. fo 159. that is removed or discharged Trebuchet Terbichetum A Tumbrel or Cokestole 3 Part. Inst fo 219. See Tribuch Treet Triticum i. Wheat In the Statute of 51 Hen. 3. Bread of Treet seems to be that bread which was made of fine Wheat See Cocket Trental Trentale An Office for the Dead continued thirty dayes or consisting of thirty Masses from the Italian Trenta i. Triginta mentioned Anno 1 Ed. 6. ca. 14. Et volo ordino quod Executores mei ordinant scu ordinare faciunt unum Trentall pro salute animae meae Will proved Anno 1456. Trespass Transgressio Signifies any transgression of the Law under Treason Felony or Misprision of either Stam. pl. Cor. fo 38. where he
contributione Spelm. Warectum terra warecta Fr. Terre garee Land that has been neglected and long untill'd also Fallow ground Tempus warecti in ancient Records signifies the time wherein Land lies Fallow the Fallow year or season for Fallowing Land In Warectis in brueriis in boscis in mariscis in defensis et in omnibus terris c. Mon. Angl. 2. Par. fo 253. a. xxv acras uno quoque anno ad seminandum et totidem ad Warectandum Idem 1. Par. fo 525. b. See Yvernagium Waren VVarenna from the Germ. Wahren i. Custodire Is a Franchise or place priviledg'd either by prescription or grant from the King to keep Beasts and Fowle of VVaren which are Hares and Conies Partridges and Feasants If any person offend in such Free-waren he is punishable for the same by the Common-Law and by Statute 21 Ed. 3. called the Statute de malefactoribus in parcis et chaceis c. Videtur tamen Justiciariis hic et Concilio Dom. Regis quod Capreoli sunt bestiae de Warenna et non de Foresta eo quod fugant alias bestias de Warenna Hill An. 13 Ed. 3. Ebor. Rot. 136. Warnoth Inter Record de Recept Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege I find it to be an ancient Custom whereby if any Tenant holding of the Castle of Dover faild in paying his Rent at the day he should forfeit double and for the second failer treble c. And in Mon. Angl. 2. Par. fo 589. a. Terris cultis terris de Warnoth War-scot Was the contribution that was made towards Armor or War in the Saxons time Sint omnes tam primarii quam mediocres et minuti immunes liberi et quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et forinsecis querelis LL. Forest Canuti Regis num 9. UUarwit See VVardwite Waste Vastum Sax. waest Hath divers significations first it is a spoil made either in Houses Woods Lands c. by the Tenant for life or years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168 c. Whereupon the Writ of Waste is brought for recovery of the thing wasted and trebble damages See Vasto Waste of the Forest is most properly where a Man cuts down his own Woods within the Forest without Licence of the King or Lord Cheif Justice in Eyre See Manwood 2 Part cap. 8. num 4 5. Secondly Waste is taken for those Lands which are not in any one Mans occupation but lie common which seem to be so called because the Lord cannot make such profit of them as he does of his other Lands by reason of that use which others have of it in passing to and fro Upon this none may build cut down Trees dig c. without the Lords Licence Thirdly Year day and Waste Annus Dies Vastum Is a punishment or forfeiture belonging to Petit-Treason or Felony whereof you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year Day and Waste Waste-ground Vastus fundus Is so called because it lies as Waste with little or no profit to the Lord of the Mannor and to distinguish it from the Demesns in the Lords hands 2 Part Inst fol. 656. See Waste Wastors Anno 5 Edw. 3. cap. 14. Were a kinde of Theeves so called There have béen says the Statute divers Man-slaughters Felonies and Robberies done by People called Roberdsmen Wastors and Draw-latches 4 Hen. 4. cap. 27. Wastel Bread Anno 51 Hen 3. Statute of Bread Forte a Uasten Belgis jejunare unde illis Wastelavond Shrovetide Vox autem unde veniat non liquet says the Gloss in x. Scriptores See Cocket Water-bailiffs Seem to be Officers in Port-Towns for the searching of Ships Anno 28 Hen. 6. cap. 5. Also an Officer so called belonging to the City of London who hath the supervision and search of Fish brought thither and the gathering of the Toll rising from the Thames He also attends on the Lord Major for the time being and hath the principal care of Marshalling the guests at his Table and doth Arrest Men for debt or other personal or criminal Matters upon the River of Thames by Warrant of his Superiors Watergage Watergagium Aquagagium A Sea-wall or Bank to stop or restrain the current or overflow of the Water also an Instrument to gage or measure the profundity or quantity of any Waters Watergang Watergangium Sax. waetergang i. Decursus aquae A Trench Trough or Course to carry a Stream of Water Such I conceive as are usually made in Sea-walls to loose and drain Water out of the Marshes Some Authors confound this with Watergage but they seem to have different significations Carta Hen. 3. De Ordinatione Marisci de Romency c. Ad reparandum Wallias Watergangias eiusdem Marisci contra Maris periculum Omnibus Balivis de Besintone Robertus de Curci salutem Mando vobis atque praecipio quatenus justicietis meos homines de Snargate ut faciant Wallas Watergangas clausuras Wallarum sicut debent facere si facere noluerint tum justicietis illos ut faciant c. Mon. Angl. 2 par fol. 920. b. Watergavel Henricus Rex salutem Sciatis nos dedisse dilecto fide li nostro Huberto de Burgo Comiti Kantiae Margariae uxori suae redditum xxxii s. iv d. quem homines eorundem Huberti Margariae de Manerio suo de Elmour nobis reddere solebant singulis annis per manum Balivi nostri de Menstreworth nomine Watergavel Habend c. Dat. 15 Hen. 3. This was a Rent paid for fishing in or other benefit received from some River or Water Watlingstréet Anno 39 Eliz. cap. 2. Is one of those four ways which the Romans are said to have made here and called Consulares Praetorias Militares Publicas This Street is otherwise called Werlamstreet and leads from Dover to London Donstable Touceter Atterston and the Severn near the Wrekyn in Shropshire extending it self to Anglesey in Wales The second is called Ikenildstreet stretching from Southampton over the River Isis at Newbridge thence by Camden and Litchfield then it passeth the River Derwent near Derby so to Bolesover Castle and ends at Tinmouth The third was called Fosse because in some places it was never perfected but lies as a large Ditch leading from Cornwal through Devonshire by Tetbury near Stow in the Wolds and besides Coventry to Leicester Newark and so to Lincoln c. The fourth was called Ermin or Erminage-street stretching from S. Davids in West-Wales unto Southampton See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini or Four Publick Ways had the priviledge of Pax Regis Waxshot or Waxscot Ceragium Tributum quod in Ecclesiis pendebatur ad subministrationem cerae luminarium Wax cera Shot
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
except they be tried in the standing Courts at Westminster as appears by F. Nat. Br. fol. 177. d 〈◊〉 Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also Which shew That in ancient times Justices were appointed by special Commission to dispatch Controversies of Possession one or more in this or that onely County as occasion fell out or Disseisins were offered and that as well in Term time as out of Term Whereas of later days we see that all these Commissions of Assises of Eyr of Oyer and Terminer of Goal-delivery and of Nisi prius are dispatched all at one time by two several Circuits in the year out of term and by such as have the greatest sway of Justice being all of them the Kings Justices of either Bench Barons o◠the Exchequer or Serjeants at Law Assise In the second signi sication ac oding to Littleton is used for a Jury For to use his own example it is set down in the beginning of the Record of an Assise of Novel Disseisin Assisa venit recognitura which is as much as to say Juratores veniunt recognituri He gives this reason why the Jury is called an Assise Because by Writ of Assise the Sheriff is commanded Quod faciat duodecim liberos legales homines de viceneto c. Videre Tenementum illud nomina eorum imbrevtari quod summoneat eos per bonas summonitiones quod sint coram Justiciariis c. parati inde facere recognitionem c. This is as if he should have spoken shorter Metonymia effecti For they are called the Assises because they are summoned by vertue of the Writ so termed And yet the jury summoned upon a Writ of Right is likewise called the Assise as himself there confesseth Which Writ of Right is not an Assise but this may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or abusively so termed Assise in this signification is divided In magnam parvam Glanvile lib. 2. cap. 6 7 c. and Britton cap. 12. Where it appears wherein the Great Assise differs from the Petit Assise The former four kindes of Assises used in Actions onely Possessory are called Petit Assises in respect of the Grand Assise For the Law of Fees is grounded upon two Rights One of Posseshon the other of Property And as the Grand Assise serves for the Right of Property so the Petit Assise serves for the Right of Possession Horns Mirror of Justices lib. 2. cap. De Novel Disseisin Assise in the third signification according to Littleton is an Ordinance or Statute of Assise as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale Assisa panis cervisiae Reg. of Writ fol. 279. b. Assise of the Forest Assisa de Foresta Is a Statute or Condition touching orders to be observed in the Kings Forest Manwood part 1. pag. 35. Crompton in the Court of Justices of the Forest per totum fol. 146. seq And the Assise of the King Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge And these are called Assises because they set down and appoint a certain measure rate or order in the things they concern Of Assise in this signification Glanvile also speaks Lib. 9. cap. 10. in fine Generaliter verum est quod de quolibet placito quod in comitatu deducitur terminatur misericordia quae inde provenit vicecomiti debetur Quae quanta sit per nullam assisam generalem determinatum est And thus much touching Littletons Division But if we mark well the Writers of the Law we shall finde this word Assise more diversly used then this Author hath noted For it is sometime used for the measure or quantity it self and that per Metonymiam effecti because it is the very scantline described or commanded by the Ordinance For example we say When Wheat c. is of this price then the Bread c. shall be of this Assise This word is farther taken for the whole Process in Court upon the Writ of Assise or for some part thereof as the Issue or Verdict of the Jury For example Assises of Novel Disseisin c. shall not be taken but in their Shires and after this manner c. Mag. Char. cap. 12. And so it seems to signifie Westm 2. cap. 25. Anno 13 Edw. 1. in these words Let the Disseisor alleage no false exceptions whereby the taking of the Assises may be deferred c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise the Assise is arraigned to aver by the Assise the Assise by their default shall pass against them And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants c. Lastly By Merton cap. 4. Anno 20 Hen. 3. certified by the Assise quit by the Assise c. And in this signification Glanvile calls it Magnam Assisam domini Regis quae ex duodecim ad minus legalium hominum Sacramentis consistit L. 2. c. 7. Bracton uses it in like sort as Assisa cadit in transgressionem Assisa cadit in perambulationem L. 4. c. 30 31. Fleta defines an Assise in this signification thus Assisa in jure possessorio est quaedam recognitio duodecim hominum juratorum per quam Justiciarii certiorantur de articulis in brevi contentis And Assise also thus signifying is said sometime to pass per modum assisae and sometime in modum juratae in manner of an Assise when onely the Dissesin in question is put to the tryal of the Twelve in manner of a Jury when any exception is objected to disable the interest of the Disseisee and is put to be tryed by the Twelve before the Assise can pass Assise in this signification is taken four ways Old Nat. Br. fol. 105. The first is Assise at large which is taken as well upon other Points as upon the Disseisin For example where an Infant brings an Assise and the Deed of his Ancestor is pleaded whereby he claims his Right or founds his Title then the Assise shall be taken at large That is the Jury shall enquire not onely whether the Plaintiff were disseised or not by the Tenant but also of these Points viz. Whether his Ancestor were of full age of good memory and out of Prison when he made the Deed pleaded Another example You may read in Littleton cap. Estates upon Condition The second manner is when the Tenant as it were setting foot to foot with the Demandant without farther Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clerk of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assayer of the King
Which shew That in ancient times Justices were appointed by special Commission to dispatch Controversies of Possession one or more in this or that onely County as occasion fell out or Disseisins were offered and that as well in Term time as out of Term Whereas of later days we see that all these Commissions of Assises of Eyr of Oyer and Terminer of Goal-delivery and of Nisi prius are dispatched all at one time by two several Circuits in the year out of term and by such as have the greatest sway of Justice being all of them the Kings Justices of either Bench Barons of the Exchequer or Serjeants at Law Assise In the second signification according to Littleton is used for a Jury For to use his own example it is set down in the beginning of the Record of an Assise of Novel Disseisin Assisa venit recognitura which is as much as to say Juratores veniunt recognituri He gives this reason why the Jury is called an Assise Because by Writ of Assise the Sheriff is commanded Quod faciat duodecim liberos legales homines de viceneto c. Videre Tenementum illud nomina eorum imbreviari quod summoneat eos per bonas summonitiones quod sint coram Justiciariis c. parati inde facere recognitionem c. This is as if he should have spoken shorter Metonymia effecti For they are called the Assises because they are summoned by vertue of the Writ so termed And yet the jury summoned upon a Writ of Right is likewise called the Assise as himself there confesseth Which Writ of Right is not an Assise but this may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or abusively so termed Assise in this signification is divided In magnam parvam Glanvile lib. 2. cap. 6 7 c. and Britton cap. 12. Where it appears wherein the Great Assise differs from the Petit Assise The former four kindes of Assises used in Actions onely Possessory are called Petit Assises in respect of the Grand Assise For the Law of Fees is grounded upon two Rights One of Possession the other of Property And as the Grand Assise serves for the Right of Property so the Petit Assise serves for the Right of Possession Horns Mirror of Justices lib. 2. cap. De Novel Disseisin Assise in the third signification according to Littleton is an Ordinance or Statute of Assise as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale Assisa panis cervifiae Reg. of Writ fol. 279. b. Assise of the Forest Assisa de Foresta Is a Statute or Condition touching orders to be observed in the Kings Forest Manwood part 1. pag. 35. Crompton in the Court of Justices of the Forest per totum fol. 146. seq And Assise of the King Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge These are called Assises because they set down and appoint a certain measure rate or order in the things they concern Of Assise in this signification Glanvile also speaks Lib. 9. cap. 10. in fine Generaliter verum est quod de quolibet placito quod in comitatu deducitur terminatur misericordia quae in de provenit vicecomiti debetur Quae quanta sit per nullam assisam generalem determinatum est And thus much touching Littletons Division But if we mark well the Writers of the Law we shall finde this word Assise more diversly used then this Author hath noted For it is sometime used for the measure or quantity it self and that per Metonymiam effecti because it is the very scantline described or commanded by the Ordinance For example we say When Wheat c. is of this price then the Bread c. shall be of this Assise This word is further taken for the whole Process in Court upon the Writ of Assise or for some part thereof as the Issue or Verdict of the Jury For example Assises of Novel Disseisin c. shall not be taken but in their Shires and after this manner c. Mag. Char. cap. 12. And so it seems to signifie Westm 2. cap. 25. Anno 13 Edw. 1. in these words Let the Disseisor alleage no false exceptions whereby the taking of the Assises may be deferred c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise the Assise is arraigned to aver by the Assise the Assise by their default shall pass against them And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants c. Lastly By Merton cap. 4. Anno 20 Hen. 3. certified by the Assise quit by the Assise c. And in this signification Glanvile calls it Magnam Assisam domini Regis quae ex duodecim ad minus legalium hominum Sacramentis consistit L. 2. c. 7. Bracton uses it in like sort as Assisa cadit in transgressionem Assisa cadit in perambulationem L. 4. c. 30 31. Fleta defines an Assise in this signification thus Assisa in jure possessorio est quaedam recognitio duodecim hominum juratorum per quam Justiciarii certiorantur de articulis in brevi contentis And Assise also thus signifying is said sometime to pass per modum assisae and sometime in modum juratae in manner of an Assise when onely the Disseisin in question is put to the tryal of the Twelve in manner of a Jury when any exception is objected to disable the interest of the Disseisee and is put to be tryed by the Twelve before the Assise can pass Assise in this signification is taken four ways Old Nat. Br. fol. 105. The first is Assise at large which is taken as well upon other Points as upon the Disseisin For example where an Infant brings an Assise and the Deed of his Ancestor is pleaded whereby he claims his Right or founds his Title then the Assise shall be taken at large That is the Jury shall enquire not onely whether the Plaintiff were disseised or not by the Tenant but also of these Points viz. Whether his Ancestor were of full age of good memory and out of Prison when he made the Deed pleaded Another example You may read in Littleton cap. Estates upon Condition The second manner is when the Tenant as it were setting foot to foot with the Demandant without farther circumstance pleads directly contrary to the Writ no wrong no disseisin The third is When the Tenant alleageth something by exception that must be tried by a Jury before the principal cause can proceed As if he plead Forein Release or Forein Matter tryable in another County For in this case the Justices refer the Record to the Court of Common-Pleas for tryal of the Forein Pleas before the Disseisin can come to be decussed Of this sort read divers other examples in Bracton lib. 4. part 1. cap 34. For there are of them as he saith and Britton also cap. 52. both dilatory and peremptory The
fourth and last manner is Assise of Right of Damages that is when the Tenant confessing an Ouster and referring it to a Demurrer in Law whether it were rightly done or not is adjudged to have done wrong For then shall the Demandant have a Writ to recover damages called an Assise to recover damages as also the whole Process Assise is further taken for the Court place or time when and where the Writs and Processes of the Assise are handled or taken And in this signification Assise is general as when the Justices go their several Circuits with their Commission to take all Assises twice in the year that is called the General Assise It may likewise in this signification be special as if an especial Commission be granted to certain persons as was often done in ancient time Bracton lib. 3. cap. 11. for taking an Assise upon one Disseisin or two this would be called a Special Assise And in this very signification Glanvile uses it Lib. 9. cap 12. See Cokes 4 Inst fol. 158. Concerning the General Assise in the most usual signification thus the Learned Sir Fr. Bacon ALl the Counties of this Realm says he are divided into six Circuits and two Learned Men are assigned by the Kings Commission to every Circuit who ride twice a year through those Shires allotted to that Circuit these we call Justices or Judges of Assise who have five several Commissions by which they sit The first is a Commission of Oyer and Terminer directed to them and many others of the best account in their Circuits But in this Commission the Judges of Assise are of the Quorum so as without them there can be no proceeding This Commission gives them power to deal with Treasons Murders and all manner of Felonics and Misdemeanors and this is their largest Commission The second is of Goal Delivery and that onely to the Judges themselves and the Clerk of the Assise Associate by this Commission they are to deal with every Prisoner in Goal for what offence soever he be there The third Commission is directed to themselves onely and the Clerk of Assise to take Assises by which they are called Justices of Assise and the Office of these Justices is to do right upon Writs called Assise brought before them by such as are wrongfully thrust out of their Lands The fourth Commission is to take Nisi Prius directed to none but the Judgee themselves and their Clerks of Assises by which they are called Justices of Nisi Prius The fifth is a Commission of Peace in every County of their Circuit And all the Justices of Peace having no lawful impediment are bound to be present at the Assises to attend the Judges as occasion shall fall out if any make default the Judges may set a Fine upon him at their pleasure and discretions The Sheriff of every Shire is also to attend in person or by a sufficient Deputy allowed by the Judges who may Fine him if he fail c. See more in Sir Fr. Bacons Use of the Law fol. 13. usque 21. Assisa Continuanda Is a Writ directed to the Justices assigned to take an Assise for the continuance of the Cause in case where certain Records alleaged cannot in time be procured by the party that would use them Reg. of Writs fol. 217. Assisa Proroganda Is a Writ directed to the Justices of Assise for stay of proceeding by reason of the Kings business wherein the party is employed Reg. of Writs fol. 208 221. Assisors assisores sunt qui Assisas condunt aut taxationes imponunt Spelman In Scotland according to Skene they are the same with our Jurors and their Oath is this We shal leil suith say And na suith conceal far na thing we may Sa far as we are charg'd upon this Assise Be God himself and be our part of Paradise And as we wil answear to God upon The Dreadful day of Dome Association associatio Is a Patent sent by the King either of his own motion or at the suit of the Plaintiff to â—ustices appointed to take Assises of Novel Disseisin or of Oyer and Terminer c. to take others unto them as Fellows and Collegues in that affair The examples and sundry uses hereof you may finde in Fitz-Nat Br. fol. 185 111. But more particularly in Reg. of Writs fol. 201 206 223. Assoile absolvere Signifies to deliver pardon or set free from an Excommunication Stamf. Pl. Cor. fol. 72. to this effect otherwise the Defendant should remain in prison till the Plaintiff were assoiled that is delivered from his Excommunication So in 1 Hen. 4. cap. 10. Mention being made of King Edward the Third it is added Whom God assoil Henric. Duc de Lancastre Count de Leicestre de Derby de Senescal Dengletre A touts ceux que ceste endentnre verront ou orront salut en Dieu Come nostre chere bien ame cousin John de Blount eit en nostre mein renduz seissaunte acres de terre ou les appurtenances en Salford en nostre Ducbee de Lancastre les quels il avoit a luy a ses Heirs du don Feofment nostre tres honore Seigneur pere que Dieu assoile c. Dat. 30 Edw. 3. Assumpsit from Assumo Is a voluntary promise made by word whereby a man assumes or takes upon him to pay or perform any thing to another This word comprehends any verbal promise made upon consideration which the Civilians express diversly according to the nature of the promise calling it sometimes Pactum sometimes Promissionem Pollicitationem or Constitutum Astrihilthet or Atrihilthet Sax. Hi qui pacem Regis habent vel manu vel brevi ei fideles existant Qui si nimis confidens in pace quam habet per superbiam alicui forisfecerit damnum restauret iterum tantundem quod Angli vocant Astrihilthet LL. divi Edwardi cap. 30. See Hovedon pag. 606. Atia See Odio Atia At large See Verdict at large Littl. fol. 98. To vouch at large Old Nat. Br. fol 108. To make title at large Kitchin fol. 68. See Bar. Attache attachiare From the Fr. attacher i. figere nectere alligare Signifies to take or apprehend by Commandment or Writ Lamb. in his Eiren. lib. 1. cap. 16. makes this difference between an Arrest and an Attachment that an Arrest proceeds out of an Inferior Court by Precept and an Attachment out of higher Courts by Precept or Writ and that a Precept to Arrest hath these formal words Duci facias c. And a Writ of Attachment these Praecipimus tibi quod attachies talem habeas cum coram nobis c. Whereby it appears that he who Arrests carries the party Arrested to another higher person to be disposed of forthwith he that attacheth keeps the party attached and presents him in Court at the day assigned in the Attachment Yet an Attachment sometimes issues out of a Court Baron which is an Inferior Court
ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy Attainder attincta and attinctura Is when a Man hath committed Treason or Felony and after Conviction Judgment hath passed upon him The Children of a person Attainted of Treason cannot be Heirs to him or any other Ancestor And if he were noble and gentle before he and his posterity are made base and ignoble This corruption of Blood cannot be salved but by Act of Parliament See Attainted and Felony Attendant attendens Signifies one that ows a duty or service to another or depends on him For example there is Lord Mesn and Tenant the Tenant holds of the Mesn by a penny the Mesn holds over by two pence The Mesn releases to the Tenant all the right he hath in the Land and the Tenant dies his Wife shall be endowed of the Land and she shall be Attendant to the Heir of the third part of the penny and not of the third part of the two pence For she shall be endowed of the best Possession of her Husband And where the Wife is endowed by the Guardian she shall be Attendant to the Guardian and to the Heir at his full age Kitchin fol. 209. With whom agrees Perkins in Dower 424. Attermining Also such as will purchase attermining of their Debts shall be sent into the Exchequer Ordinatio de libertatibus perquirendis Anno 27 Edw. 1. It comes from the Fr. Attermoye i. That hath a term or time granted for the payment of a debt So in this Statute it seems to signifie the Purchasing or gaining a longer time for payment of a debt Atterminent quaerentes usque in proximum Parliamentum Westm 2. cap. 24. Atturney atturnatus Is he that is appointed by another Man to do any thing in his stead as much as Procurator or Syndicus in the Civil Law West defines them thus Atturneys are such persons as by the Consent Commandment or Request of others see to and take upon them the charge of their business part 1. Symbol lib. 2. sect 559. In ancient time those of Authority in Courts had it in their power whether to suffer men to appear or sue by another then themselves as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attornato faciendo where it is shewed That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them but it is since provided by Statutes that it should be lawful so to do without any such circuit as appears by 20 Hen. 3. cap. 10. 6 Edw. 1. c. 8. 27 ejusdem Stat. 2. 12 Edw. 2. cap. 1. 15 ejusdem cap. unico 7 Rich. 2. cap. 14. 7 Hen. 4. cap. 13. 3 Hen. 5. cap. 2. 15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register wherein the King by his Writ commands the Judges to admit of Atturneys whereby there grew at last so many unskilful Atturneys and so many mischiefs by them that for restraining them it was enacted 4 Hen. 4. cap. 18. that the Justices should examine them and displace the unskilful And again 33 Hen. 6. cap. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a Man at this day may have an Atturney and in what not see Fitz. ubi supra Atturney is either general or special Atturney General is he who by general Authority is appointed to manage all our Affairs or Suits As the Atturney General of the King which is as much as Procurator Caesaris was in the Roman Empire Atturney General of the Duke Cromp. Juris fol. 105. Atturney Special or Particular is he that is employed in one or more causes particularly specified of whom you may read more at large in Glanvile lib. 11. cap. 1. and Britton cap. 126. There are also in respect of the divers Courts Atturneys at large and Atturneys special belonging to this or that Court onely The name is borrowed of the Normans as appears by the Customary cap. 65. Our old Latin word for it seems to be Responsalis Bracton lib. 4. cap. 31. Atturney of the Court of the Dutchy of Lancaster Atturnatus Curiae Ducatus Lancastriae Is the second Officer in that Court and seems for his skill in Law to be there placed as Assessor to the Chancellor of that Court being for the most part some Honorable Person and chosen rather for some especial trust reposed in him to deal between the King and his Tenants than for any great Learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment from the Fr. Tourner i. vertere Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life and he in Reversion grants his right to another it is necessary the Tenant for Life agree thereto which is called Attornment without which nothing passeth by the grant But if the Grant be by Fine in Court of Record he shall be compelled to Attourn Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these I agree me to the Grant made to you or more commonly Sir I attourn to you by force of the same Grant or I become your Tenant or deliver to the Grantee a penny by way of Attournment Littl. lib. 3. cap. Attournment where you may finde divers other Cases whereto Attournment appertains and that it is the transposing those duties which the Tenant owed his former Lord to another as his Lord. Attournment is either by word or by act voluntary or compulsory by the Writ Per quae servitia Old Nat. Br. fol. 155. or sometimes by Distress Fitz. Nat. Br. fol. 147. It may be made to the Lord himself or to his Steward in Court Kitchin fol. 70. There is Attournment in Deed and Attournment in Law Coke vol. 6. fol. 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law it is of equal force Coke on Littl. fol. 309. Atturnato faciendo vel recipiendo Is a Writ which a Man owing sute to a County Hundred or other Court and desiring to make an Atturney to appear for him there whom he doubts the Sheriff or Steward will not otherwise admit purchaseth to command him to receive such a Man for his Atturney and admit his appearance by him The form and other Circumstances whereof See in Fitz. Nat. Br. fol. 156. Avage or Avisage Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex upon St. Leonards day 6 Novemb. pays to the Lord viz. for every Pig under a year old ob for every yearling Pig 1 d and for every Hog above a year old 2 d for the priviledge of Pawnage in the Lords Woods Tob. Edmonds Gen. Senescal ibidem Audience Court Curia Audientiae Cantuariensis Is a Court belonging to the
Stable Stand Dog-draw Back-bear and Bloody-hand Which see in their proper places Badger from the Fr. Bagagier i. A Carrier of Luggage Signifies with us one that buys Corn or Victuals in one place and carries it to another to make profit by it See Cromptons Just of Peace fol. 69 70. Bail from the Fr. noun Bail i. A Guardian or Goaler Is properly used for the freeing or setting at liberty of one arrested or imprisoned upon Action either Civil or Criminal under surety taken for his appearance at a day and place certain Bracton lib. 3. tract 2. cap. 8. num 8 9. The reason why it is called Bail is Because by this means the party Restrained is delivered into the hands of those that bind themselves for his forth-coming There is both common and special Bail Common Bail is in Actions of small prejudice or concernment being called Common because any Sureties in that case are taken whereas in Causes of greater weight as Actions upon Bond or Specialty Special Bail or Surety must be taken as Subsidy Men at least and they according to the value Manwood in his first part of Forest Laws pag. 167. says there is a great diversity between Bail and Mainprise For he that is Mainprised is always said to be at large and to go at his own Liberty out of Ward from the time he is Mainprised till the day of his appearance But otherwise it is where a Man is let to Bail by four or two Men by the Lord Chief Justice in Eyre until a certain day for there he is always accounted by the Law to be in their Ward and custody for the time And they may if they will keep him in Ward or Prison So that he who is so bailed shall not be said by the Law to be at large or at his own liberty See Lamb. Eiren lib. 3. cap. 2. pag. 330. Bail is also a certain Limit within the Forest as it is divided into the charges of several Foresters Crompton in the Oath of Bow-bearer fol. 201. See Mainprise and 4 Instit fol. 178. Bailiff Balivus As the name so the Office it self in ancient time was answerable to that of France where there are Eight Parliaments which are high Courts whence lies no Appeal and within the Precincts of those several parts of that Kingdom which belong to each Parliament there are several Provinces to which Justice is ministred by certain Officers called Bailiffs So in England we see many several Counties in which Justice hath been ministred to the Inhabitants by the Officer whom we now call Sheriff or Vicount the one name descending from the Saxons the other from the Normans And though I cannot expresly prove That this Sheriff was ever called a Bailiff yet it is probable that was one of his names also because the County is often called Baliva a Bailywick As namely in the Return of a Writ Non est inventus in Baliva mea c. Kitchin Returna Brevium fol. 285. And in the Sheriffs Oath the County is called his Bailiwick I think the word Bailiff used in Magna Chart. cap. 28. and 14 Edw. 3. Stat. 1. cap. 9. compriseth as well Sheriffs as Bailiffs of Hundreds But as the Realin is divided into Counties so every County is again divided into Hundreds within which it is manifest that in ancient time the Kings Subjects had justice ministred to them by the several Officers of every Hundred which were called Bailiffs as those Officers do in France and Normandy being cheif Officers of Justice within every Province Grand Customary of Norm cap. 1. And it appears by Bracton lib. 3. tract 2 cap. 34. num 5. that Bailiffs of Hundreds might hold Plea of Appeal and Approvers But since that time these Hundred Courts certain Franchises excepted are by the said Statute of 14 Edw. 3. swallowed into the County Courts as you may read in County and Hundred And now the Bailiffs name and office is grown into such contempt at least these Bailiffs of Hundreds that they are now but bare Messengers and Mandataries within their Liberties to serve Writs and such vile Offices for which see Crompt Just of Peace fol. 49. a. Yet is the name otherwise still in good esteem for the chief Magistrates in divers Corporate Towns are called Bailiffs as of Ludlow Leominster c. And again there are certain persons to whom the Kings Castles are committed who are called Bailiffs as the Bailiff of Dover Castle These ordinary Bailiffs are of two sorts Bailiffs Errant and Bailiffs of Franchises Bailiffs Errant Balivi Itinerantes are those whom the Sheriff appoints to go up and down the County to serve Writs Summon the County Sessions Assises and such like Bailiffs of Franchises Balivi Franchesiarum aut Libertatum are those who are appointed by every Lord within his Liberty to do such Offices therein as the Bailiff Errant does at large in the County Of these read Sir Tho. Smith de Repub. Angl. lib. 2. cap. 16. There are also Bailiffs of the Forest Manwood part 1. pag. 113. and Bailiffs of Husbandry belonging to private Men of good Estates who are so called because they dispose of the under servants every Man to his labor and task check them for misdoing their business gather the profits to their Lord and Masters use and deliver an account thereof at the years end or otherwise as it shall be called for The Office or Duty of a Bailiff of a Manor or Houshold which in ancient time seems to have been all one Fleta well describes Lib. 2. cap. 72 73. The word Balivus is derived from Baal i. Dominus quia Balivi Dominantur suis subditis quasi corum Magistri Domini Bailiff of the Moot See Moot Bale Fr. A Pack or certain quantity of Merchandise as a Bale of Spicery of Books or Thred I finde the word in the Statute 16 Rich. 2. cap. 1. and still in use And Ballot Fr. a little Pack Balenger Seems to have been a kinde of Barge or Water-vessel by the Statute 28 H. 6. cap. 5. Baliva Statute of Marlbridge 52 Hen. 3. cap. 2. Ubi Balivam habeat vel jurisdictionem Here Baliva is well expounded by the Statute it self for in this place it signifies Jurisdiction Cokes 2 Inst fol. 105. Balivo amovendo Is a Writ to remove a Bailiff out of his Office for want of sufficient living within his Bailiwick Reg. of Writs fol. 78. Balkers or Balcors See Conders Ban or Bans Bannum from the British Ban i. Clamor Is a Proclamation or publick notice given of any thing This word Bans we use in publishing Matrimonial Contracts in the Church before Marriage to the end If any Man can speak against the intention of the parties either in respect of Kinred Pre-contract or otherwise they may take their Exception in time And in the Canon Law Banna sunt Proclamationes sponsi sponsae in Ecclesiis fieri solitae Yet our word Banning seems to come thence being an Exclamation
by Hen. 2. Anno 1158. This year the King altered his Coyn abrogating certain peeces called Basels Hollinsh pag. 67. Baselard or Basillard In the Stat. 12 R. 2. cap. 6. signifies a Weapon which Mr. Speight in his Exposition upon Câ—aucer calls Pugionem vel sicam Bastard Bastardus from the British Bastardd i. nothus Is he or she that is born of any Woman not married so that the Childes Father is not known by the order of Law and therefore is called Filius Populi Cui pater est populus pater est sibi nullus omnis Cui pater est populus non habet ipse patrem Such Bastard cannot inherit Land as Heir to his Father nor can any person inherit Land as Heir to him but one that is Heir of his Body Littl. Sect. 401. If the Childe be begotten by him that does marry her after the Childes Birth yet it is in Judgment of Law a Bastard though the Church holds it legitimate Stat. 20 Hen. 3 9. and 1 Hen. 6. 3. Coke on Littl. 244. If a Man take a Wife who is great with Childe by another who was not her Husband it shall be said the Childe and may be the Heir of the Husband though it were born but one day after the Espousals solemnized If one marry a Woman and die before night and never Bed her and she have a Childe after it seems it shall be accounted his Childe and Legitimate See the English Lawyer 117. If a Man or Woman marry a second Wife or Husband the first being living and have issue by that second Wife or Husband such issue is a Bastard 39 Edw. 3. 14. 7 Hen. 4. 49. 18 Edw 4. 26. If a Woman elope with a Stranger and hath a Childe by him her Husband being infra quatuor maria this is Legitimate and shall inherit the Husbands Land 44 Edw. 3. 10. 7 Hen 4. 10. The punishment of the Mother and reputed Father of a Bastard Anno 18 Eliz. cap. 3. He that gets a Bastard in the Hundred of Middleton in Com. Kent forfeits all his Goods and Chattels to the King M S. de temp Edw. 3. Before the Statute 2 3 Edw. 6. cap. 21. one was adjudged a Bastard Quia filius Sacerdotis Int. Plac. de temp Joh. Reg. Lincoln 42. Bastardy Fr. Bastardage Signifies a defect of Birth objected to one born out of Wedlock Bracton lib. 5. cap. 19. How Bastardy is to be proved or to be enquired into if it be pleaded See Rastals Entries tit Bastardy fol. 104. And the Stat. 9 Hen. 6. cap. 11. Kitchin fol. 64. mentions Bastardy Special and Bastardy General The difference whereof is That Bastardy General is a Certificate from the Bishop of the Diocess to the Kings Justices after such enquiry made that the party enquired of is a Bastard or not a Bastard upon some question of Inheritance Bastardy Special is a Suit commenced in the Kings Court against him that calls another Bastard so termed because Bastardy is the principal case in tryal and no inheritance contended for Whereby it appears that in both these significations Bastardy is rather taken for an examination or tryal whether a Mans Birth be defective or illegitimate than for Bastardy it self See Brook tit Bastardy and Dr. Ridleys Book pag. 203 204. Baston Fr. A Staff Club or Cowlstaff But in our Statutes it signifies one of the Warden of the Fleets Servants or Officers who attends the Kings Courts with a Red Staff for taking such to Ward as are committed by the Court Anno 1 Rich. 2. cap. 12. 5 Eliz. cap. 23. See Tifstaff Batable Ground Was the Land lying between England and Scotland heretofore in question when they were distinct Kingdoms to which it belonged Anno 23 Hen. 8. cap. 6. and 32 Ejusdem cap. 6. As if we should say Litigious or Debatable Ground for by that name Skene calls Ground that is in Debate or Controversie betwixt two Cam. Brit. tit Cumberland Battel Fr. Battaile Signifies a Tryal by Combat The manner whereof being long full of Ceremonies and now difused we must refer you to Glanvile lib. 2. cap. 3 4 5. Bracton lib. 3. tract 2. cap. 21. fol. 140. Britton cap. 22. Smith de Rep. Angl. lib. 2. cap. 7. and lib. 3. c. 3. Coke on Littl. fol. 294. And on Westm 1. fol. 247. See Combat Battery from the Fr. Batre i. to strike or Sax. batte i. fustis Is a violent striking or beating a Man who in regard it tends to the breach of the Peace may therefore either indict the other party whereby he is Fineable to the King or have his Action of Trespass of Assault and Battery against him for every Battery implies an Assault and recover so much in Costs and Damages as the Jury will give him which Action will lie as well before as after the Indictment But if the Plaintiff made the first assault then the Defendant shall be quit and the Plaintiff shall be amerced to the King for his false Suit In some Case a Man may justifie the beating another in a moderate manner as the Parent his Childe the Master his Servant or Apprentice c. This the Civilians call Injuriam personalem Batus Sax. bat A Boat And Batellus a little Boat Concessit etiam idem Hugo Wake pro se Hered suis quod praedictus Abbas Successores sui Ecclesia sua de Croyland habeant tres Batellos in Harnolt c. Charta Edw. 1. 20 â—ulii 18 Regni See Libera Batella Bay or Pen Is a Pond-head made up of a great height to keep in store of Water so that the Wheels of the Furnace or Hammer belonging to an Iron Mill may be driven by the Water coming thence through a Passage or Flood-gate called the penstock Also a Harbor where Ships ride at Sea near some Port. The word is mentioned Anno 27 Eliz. cap. 19. Beacon from the Sax. Beacen i. signum vel symbolum Anno 8 Eliz. cap. 13. is well known Hence Beaconage Money paid towards the maintenance of a Beacon and we still use the word to becken from the Saxon beacnian to nod unto or signifie See the Statute 5 Hen. 4. And Dors Pat. 28 Hen. 6. par 2. m. 21. Pro signis Anglicè Beacons Vigiliis Bede or Bead Sax. Bead a Prayer so that to say Ones Beads is to say Ones Prayers They were most in use before Printing when poor people could not go to the charge of a Manuscript Prayer-Book These are mentioned in 27 Hen. 8. cap. 26. and 3 Jao cap. 5. Bearding alias Barding of Wool See Clack Bearors Justices of Assie shall enquire bear and determine of Mainteynors Bearors and Conspirators and of those that commit Champarti c. Anno 4 Edw. 3. cap. 11. such as bear down or oppress others maintainers Beasts of Chase Ferae Campestres Are five the Buck the Doe the Fox Martron and Roc. Manwood 1 Part. pag. 342. and 2 Part. cap. 4. num 2. Beasts of the Forest Ferae
them to be attached in the next Court of Attachment there to be presented without any concealment had to my knowledge So help me God Crompt Jurisd fol. 201. Bozones See Busones Brandy A kinde of Spirit or Strong-water made cheifly in France and extracted from the Lees of Wine or Cider mentioned in the Act 20 Car. 2. cap. 1. Upon an Argument in the Exchequer Anno 1668. Whether Brandy were a Strong-water or Spirit It was resolved to be a Spirit But 25 Nov. 1669. by a Grand Committee of the whole House of Commons it was voted to be a Strong-water and not a Spirit Brasium Malt In the ancient Statutes Brasiator is taken for a Brewer from the Fr. Brasseur and at this day also for a Malster or Malt-maker It was adjudged 18 Edw. 2. Quod venditio Brasii non est venditio victualium nec debet puniri sicut venditio Panis vini Cervisiae hujusmodi contra formam Statut. Breach Carnium Per Breach Carnium Thomas Crew Magister Hospitalis Sancti Johannis Baptistae extra portam borealem Cestriae clamat quod omnes tenentes sui infra eorum libertates residentes sint quieti de venditione carnium Pla. in Itin. apud Cestriam 14 Hen. 7. Bread of Treet or Trite Panis Tritici Wheaten Bread Was one of those sorts of Bread mentioned in the Statute of Assise of Bread and Ale 51 Hen. 3. Stat. 1. where we read of Wastel Bread Cocket Bread and Bread of Treet which I think do gradually correspond with what we now call White Wheaten and Boulted or Course Bread See Cocket Bred Is used by Bracton lib. 3. tract 2. cap. 15. for Broad as Too long and too bred Brehon The Irish call their Judges Brehones and thereupon the Irish Law is called the Brehon Law See 4 Inst fol. 358. Bretoyse or Bretois Sciant quod ego Henricus de Penebrugge Dedi Omnibus liberis Burgensibus meis Burgi mei de Penebrugge omnes libertates liberas consuetudines secundùm legem de Bretoyse nundinis seriis appurtin secundum tenorem Chartae Domini Henrici Regis quam habeo Habendum c. sine dat Secundum legem de Bretoyse must certainly signifie Legem Marchiarum or The Law of the Britains or Welshmen For Penebrugge now Pembridge is a Town in Herefordshire bordering upon Wales Brevibus Rotulis liberandis Is a Writ or Mandat to a Sheriff to deliver unto the new Sheriff chosen in his Room the County and the appurtenances with the Rolls Briefs Remembrances and all other things belonging to that Office Reg. of Writs fol. 295. a. Bribery from the Fr. Briber to devour or eat greedily Is a great misprision when any Man in judicial place takes any Fee Pension Gift Reward or Brocage for doing his Office but of the King onely Fortescu cap. 51. and 3 Instit fol. 145. Bribour Fr. Bribeur i. a Beggar Seems to signifie in some of our old Statutes one that Pilfers other Mens Goods as Cloaths out of a Window or the like Brief breve Signifies a Writ whereby a Man is summoned or attached to answer any Action or more largely any Writ in writing issuing out of any of the Kings Courts of Record at Westminster whereby any thing is commanded to be done in order to Justice or the Kings command and is called a Brief or Breve Quia Breviter paucis verbis intentionem proferentis exponit explanat sicut regula juris rem quae est Breviter enarrat says Bracton lib. 5. tract 5. cap. 17. num 2. Also Letters Patent or a Licence from the King or Privy Council granted to any Subject to make a Collection for any publick or private loss is commonly stiled a Brief Briga Fr. Brigue i. debate or contention Et posuit terram illam in Brigam causam intricandi terram scilicet per diversa fraudulenta Feoffamenta Ideo committitur Maresc Ebor. Hil. 18 Edw. 3. Rot. 28. Brigandine Fr. A Coat of Mail or a fashion of ancient Armor consisting of many joynted and Scale-like Plates very pliant unto and easie for the Body mentioned Anno 4 5 Phil. Ma. cap. 2. Some confound it with Haubergeon and some with Brigantine in writing which there is onely the d turned into t which signifies a low long and swift Sea-Vessel having some twelve or thirteen Oars on a side Brig-bote or Brug-bote Significat quietantiam reparationis Pontium Fleta lib. 1. cap. 47. Pontis refectio vel restauratio It is Compounded of Brig a Bridge and Bote which is a yeilding of amends or supplying a defect See Bote and Seldens titles of Honor fol. 622. Arcis pontisque constructio Brocage Anno 12 Rich. 2. cap. 2. Means used by a Spoaksman the Wages Hire or Trade of a Broaker Anno 1 Jac. cap. 21. it is written Brokerage Anno 11 Hen. 4. num 28. not Printed Brochia from the Fr. broc Quod lagenam majorem aut cantharum significat Si quis teneat per servitium inveniendi Domino Regi certis locis certis temporibus unum hominem unum equum saccum cum Brochia pro aliqua necessitate vel utilitate exercitum suum contingentem Bracton lib. 2. tract 1. cap. 6. By which it should seem Saccus was to carry the dry and Brochia the liquid things See Saccus Brodehalfpeny Rectiùs Bordhalfpeny Signifies a small Toll by Custom paid to the Lord of the Town for setting up Tables Bords or Booths in a Fair or Market From which they who are freed by the Kings Charter had this word in their Letters Patent in so much as now the freedom it self for shortness of Speech is termed Bordhalfpeny See Bord-halpeny Broggers Vide Brokers Brokers Brokarii Are of two sorts the one an Exchange-Broker whose Trade is to deal in matters of Money and Merchandise between English-men and Stranger-Merchants by drawing the Bargain to Particulars and the Parties to Conclusion for which they have a Fee or Reward These are called Broggers Anno 10 Rich. 2. cap. 1. and in Scotland Broccarii that is according to Skene Mediators or Intercessors in any Transaction Paction or Contract as in Buying Selling or Contracts of Marriage Broggers of Corn Are used in a Proclamation of Q. Elizabeth for Badgers Bakers Chron. fol. 411. He that would know what these Brokers were wont and ought to be let him read the Statute of 1 Jac. cap. 21. The other is the Pawn-broker who commonly keeps a Shop and le ts out Money to poor and necessitous people upon Pawns not without Extortion for the most part These are more properly called Friperers or Pawn-takers and are not of that antiquity or credit as the former nor does the said Statute allow them to be Brokers though now commonly so called Brothel-houses King Henry the Eighth by Proclamation 30 Martii 37 of His Reign suppressed all the Stews or Brothel-houses which long had continued on the Bankside in Southwark for that they were prohibited by the Law
to the Hundred of Egerdon This in ancient Records is called Certum Letae See Common Fine Certificat Lat. Is used for a Writing made in any Court to give notice to another Court of any thing done therein For example a Certificat of the cause of Attaint is a Transcript made briefly by the Clerk of the Crown Clerks of the Peace or of Assise to the Court of Kings Bench containing the Tenor and Effect of every Indictment Outlary or Conviction or Clerk attainted made or pronounced in any other Court Anno 34 H. 8. cap. 14. Broke fol. 119. Certification of Assise of Novel Disseisin c. Certificatio Assisae novae Disseisinae c. Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices Of which see Reg. of Writs f. 200. And the New Book of Entries verbo Certificat of Assise This is used when a Man appearing by his Bailiff to an Assise brought by another hath lost the day and having something more to plead for himself as a Deed of Release c. which the Bailiff did not or might not plead for him desires a farther examination of the cause either before the same Justices or others and obtains Letters Patent to them to that effect The Form of which Letters see in Fitz. Nat. Br. fol. 181. and that done brings a Writ to the Sheriff to call both the party for whom the Assise passed and the Jury that was empaneld on the same before the said Justices at a certain day and place And it is called a Certificat because therein mention is made to the Sheriff that upon the parties complaint of the Defective Examination or Doubts yet remaining upon the Assise paâ—sed the King hath directed His Letters Patent to the Justices for the better certifying themselves whether all Points of the said Assise were duly examined Of this read Bracton lib. 4. cap. 19. num 4. and Horns Mirror lib. 3. Certificando de recognitione Stapulae Is a Writ directed to the Major of the Staple c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him in case where the party himself detains it and reâ—use h 〈…〉 bring it in Reg. of Writs fol. 152. b. The like may be understood of Certificando de Statuto Mercatorio fol. 148. And De Certificando in Cancellariam de Inquisitione de Idemptitate nominis fol. 195. And Certificando quando Recognitio c. And Certificando quid actum est de brevi super Statutum Mercatorium fol. 151. And Certificando si loquela Warrantiae fol. 13 Certiorari Is a Writ issuing out of the Chancery to an Inferior Court to call up the Records of a Cause there depending that conscionable Justice may be done therein upon complaint made by Bill that the party who seeks the said Writ hath received hard dealing in the said Court See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register both Original and Judicial in the Tables verbo Certiorari Crompton in his Justice of Peace fol. 117. says This Writ is either returnable in the Kings Bench and then hath these words Nobis mittatis or in the Chancery and then hath in Cancellaria nostra or in the Common Bench and then Justiciariis nostris de Banco Cessavit Is a Writ that lies in divers Cases as appears by Fitz. Nat. Br. fol. 280. Upon this general ground i. That he against whom it is brought hath for two years neglected to perform such Service or to pay such Rent as he is tied to by his tenure and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained See Fleta lib. 5. cap. 34. sect visa sunt See Cessavit de Cantaria Cessavit de feodi firma Cessavit per biennium in Reg. of Writs fol. 237 238. And New Book of Entries verbo Cessavit It lies not but for Annual Service as â—eat and such like not for Homage or Fealty Cesses Anno 22 Hen. 8. cap. 3. Seems to signifie Assessments or Taxes Cesse or Ceasse in Ireland is an exaction of Provision of Victuals at a certain rate for the Deputies Family and the Soldiers in Garison Sir Rich. Bakers Chron. fol. 376. Cession Cessio A ceasing yielding up or giving over Si un Farson ou Dean en Angliterre prist un Evesquery en Ireland ceo fait le primier Esglise void per Cession Latches Rep. fol. 234. Ratione vacationis Prioratus praedicti per Cessionem Fratris Rogeri de Wellington ultimi Prioris c. Claus 13 Edw. 3. pag. 1. m. 38. Cessor Lat. A loyterer or idle fellow but we use it for him who ceaseth or neglects so long to perform a duty belonging to him as he thereby incurs the danger of Law and is liable to have the Writ Cessavit brought against him Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth without any more words is to be understood that the Tenant ceaseth to do what he ought or is bound to do by the Tenure of his Lands or Tenement Cessure or Cesser Is also used for a ceasing giving over or departing from Westm 2. cap. 41. Cestui qui vie in true French Cestui a vie de qui Is he for whose life any Land or Tenement is granted Perkins tit Grants 97. Cestui que use an Abstract of the Fr. Cestui al use de qui Is an usual phrase signifying him to whose use any other Man is enfeoffed in any Lands or Tenements See the New Book of Entries verbo Uses And in Replevin fol. 508. colum 3. and verbo Trespass fol. 606. and fol. 123. a b. col 3. num 7. Anno 1 Rich. 3. cap. 1. and Coke lib. 1. fol. 133. Anno 12 Car. 2. cap. 30. Cestui qui trust Is he who hath a trust in Lands or Tenements committed to him for the benefit of another Anno 12 Car. 2. cap. 30. Chafewax Is an Officer in Chancery that fits the Wax for the Sealing of the Writs and such other Instruments as are there made to be issued out So in France Calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chaffers Anno 3 Edw. 4. cap. 4. Seem to signifie Wares or Merchandize for Chaffering is yet used for buying and selling Chaldron or Chalder of Coals Contains Thirty six Bushels heape up and according to the Bushel sealed for that purpose at Guildhal in London Annis 16 17 Car. 2. cap. 2. It is written Chawdren Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud i. hot Challenge from the Fr. Chalenger i. sibi asserere Is used for an Exception taken either against persons or things Persons as in Assise to the Jurors any one or more of them or in case of Felony by the Prisoner at the Bar Bracton lib. 2. tract 2. cap. 22. Things as against a Declaration Old Nat. Br. fol. 76. Challenge
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
whereby the King commands the Justices in Eyre to admit of ones Claim by Atturney who is employed in the Kings-service and cannot come in his own person Reg. of Writs fol. 19. b. Clap-bord Anno 35 Eliz. cap. 11. Is Board cut in order to make Cask or Vessels Clarentius See Herald Claves Insulae i. The Keys of the Island In the Isle of Man all ambiguous and weighty Cases are referred to Twelve whom they call Claves Insulae Clausum Fregit Mr. Somner in his Saxon Dictionary conceives the original of those much used words in our Law-Pleadings might come from the Saxon Eder-bryce which signifies Hedge-breaking the Boughs which close the top of the Hedge being usually called Etherings Clausum Paschae Stat. of Westm 1. Lendemaine de la Cluse de Pasche that is In Crastino clausi Paschae or in Crastino Octabis Paschae which is all one viz. The morrow of the Utas of Easter 2 Part. Inst fol. 157. Ad Curiam cum visu Franc. Pleg tent apud Maurdin die Jovis prox post Festum Clausi Paschae Anno 17 Edw. 4. Testatum fuit quod c. Clausum Paschae i. Dominica in Albis sic dictum quòd Pascha Claudat Clausura Heye Johannes Stanley Ar. clamat quod ipse haeredes sui sunt quieti de Clausura Heye de Macclesfield scil Clausura unius Rodae terrae circitèr hayam praedict Rot. Plac. in Itinere apud Cestriam Anno 14 Hen. 7. Clergy Clerus Is diversly taken sometime for the whole number of those who are De Clero Domini of our Lords lot or share as the Tribe of Levi was in Judaea sometimes for a Plea to an Indictment or an Appeal and is by Stamf. Pl. Cor. lib. 2. cap. 41. thus defined Clergy is an ancient liberty of the Church which hath been confirmed by divers Parliaments and is When a Priest or one in Orders is arraigned of Felony before a Secular Judge he may pray his Clergy which is as much as if he prayed to be delivered to his Ordinary to purge himself of the offence objected And this might be done in case of Murder Coke lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri Anno 9 Edw. 2. c. 26. and what persons might have their Clergy and what not see Stamf. Pl. Cor. lib. 2. cap. 42 43. Yet there are many Statutes made since he wrote that Book whereby the benefit of Clergy is abrigded As Anno 8 Eliz. cap. 4. 14 Ejusdem cap. 5. 18 Ejusdem cap. 4 6 7. Anno 23 Ejusdem cap. 2. 29 Ejusdem cap. 2. 31 Ejusdem cap 12. and 39 Ejusdem cap. 9. 15. Of this see Cromptons Justice of Peace fol. 102 105. And Lambert Eiren. lib. 4. cap. 14. And note that the ancient course of Law in this point is much altered for by the Statute of 18 Eliz cap. 7. Clerks are no more delivered to their Ordinaries to be purged but now every Man to whom this benefit is granted though not in Orders is put to read at the Bar after he is found guilty and convicted of such Felony and so burnt in the hand and set free for the first time if the Ordinaries Commissioner or Deputy standing by do say Legit ut Clericus or otherwise he suffers death for his transgression Cowel Clerico Admittendo Is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne Admittas tryed and found for the party that procures the Writ Reg. of Writs fol. 31. Clerico capto per Statutum Mercatorum c. Is a Writ for the delivery of a Clerk out of prison who is imprisoned upon the Breach of a Statute Merchant Reg. of Writs fol. 147. Clerico convicto commisso Goalae in defectu Ordinarii deliberando Is a Writ for the delivery of a Clerk to his Ordinary that was formerly convict of Felony by reason his Ordinary did not challenge him according to the priviledges of Clerks Reg. of Writs fol. 69. a. Clerico infra sacros ordines constituto non eligendo in Officium Is a Writ directed to the Bailiffs c. that have thrust a Bailiwick or Beadleship upon one in holy Orders charging them to release him Reg. of Writs fol. 143. a. Clerk Clericus Hath two significations one as it is the title of him that belongs to the holy Ministery of the Church under which where the Canon Law hath full power are not onely comprehended Sacerdotes Diaconi but also Subdiaconi Cantores Acolyti Exorcistae Ostiarii And in this signification a Clerk is either Religious otherwise called Regular or Secular Anno 4 Hen. 4. cap. 12. The other denotes those who by their function or course of life practise their Pen in any Court or otherwise as the Clerk of the Rolls of Parliament Clerks of the Chancery c. whose peculiar Offices shall be set down in order Clerk of the Ax Clericus Securis Is an Officer in the Navy whose function is to carry a Silver Ax wherewith to mark and seise Timber for the Kings use in His Navy or otherwise and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts I suppose by mistake Clerk of the Parliament Rolls Clericus Rotulorum Parliamenti Is he that Records all things done in the High Court of Parliament and engrosseth them fairly in Parchment Rolls for their better preservation to posterity Of these there are two One of the Lords House another of the House of Commons Cromp. Jurisd fol. 4. 8. Smith de Repl. Angl. pag. 38. See also Vowels Book touching the Order of the Parliament Clerk of the Crown in Chancery Clericus Coronae in Cancellaria Is an Officer there who by himself or Deputy is continually to attend the Lord Chancellor or Lord Keeper writes and prepares for the Great Seal of England special Matters of State by Commission or the like either immediately from His Majesty or by Order of His Council as well ordinary as extraordinary viz. Commissions of Lieutenancy of Justices Itinerant and of Assises of Oyer and Terminer of Goal Delivery and of the Peace with their Writs of Association and the like Also all General Pardons upon Grants of them at the Kings Coronation or at a Parliament where he sits in the Lords House in Parliament time info whose Office the Writs of Parliament made by the Clerks of the Pettibag with the names of Knights and Burgesses elected thereupon are to be returned and filed He hath also the making of all special Pardons and Writs of Execution upon Bonds of Statute Staple forfeited which was annexed to his Office in the Reign of Queen Mary in consideration of his continual and chargeable attendance Both these before being common for every Cursitor and Clerk of the Court of Chancery to make Clerk of the Crown Clericus Coronae Is a Clerk or Officer in the Kings Bench whose function is to frame read and record all Indictments against Traitors Felons and
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
the devil or some evil spirit to know any secret or to effect any purpose Anno 5 Eliz. cap. 16. The difference between Conjuration and Witchcraft seems to be because the one endeavors by Prayers and Invocation of Gods powerful names to compel the divol to say or do what he commands him the other deals rather by friendly and voluntary conference or agreement with the devil or familiar to have her or his desires served in lieu of blood or other gift offered him ospecially of his or her Soul And both these differ from Enchantments or Sorcâ—ries because those are personal conferences with the Divel as is said and these are but Medicines and Ceremonial Forms of words called commonly Charms without Apparition Cowel Consanguineo Is a Writ which see in the Reg. of Writs de Avo. Pro avo Consanguineo fol. 226. Conservator of the Truce and safe Conducts Conservator induciarum salvorum Regis Conductuum Was an Officer appointed in every Sea-Port under the Kings Letters Patent and had forty pound for his yearly stipend at the least His charge was to enquire of all offences done against the Kings truce and safe Conducts upon the main Sea out of the Franchises of the Cinque Ports as the Admirals of Custom were wont and such other things as are declared Anno 2 Hen. 5. cap. 6. Touching this matter also see the Statute of 4 Hen. 5. cap. 7. Conservator of the Peace Conservator vel custos Pacis Is he that hath an especial charge by vertue of his Office to see the Kings Peace kept Which Peace Lambert defines to be a with-holding or abstinence from that injurious force and violence which boisterous and unruly persons are in their nature prone to use towards others were they not restrained by Laws and fear of punishment He farther adds that before the time of King Edward the Third who first erected Justices of Peace there were sundry persons who by the Commmon Law had interest in keeping the Peace Of those some had that charge as incident to the Offices they bore and so included in the same that they were called by the name of their Office onely others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace The former and later sort he again subdivides in his Eyren lib. 1. cap. 3. The Corporation of the great Level of the Fens does consist of one Governor Six Bailiffs Twenty Conservators and Commonalty as by the Act of Parliament 15 Car. 2. cap. 17. appears The Chamberlain of Chester is a Conservator of the Peace in that County by vertue of his Office 4 Inst fol. 212. And Petty Constables are by the Common Law Conservators of the Peace c. Conservators of the Priviledges of the Hospitalers and Templers c. Westm 2. cap. 43. See 4 Inst fol. 341. Consideration Consideratio Is the material cause the Quid pro quo of any Contract without which no Contract binds This Consideration is either expressed as if a Man bargain to give Five pounds for a Horse or implied as when the Law it self inforces a Consideration as if a Man come into a Common Inn and there stay some time taking Meat and Lodging or either for himself and his Horse the Law presumes he intends to pay for both though there be no express Contract betwixt him and his Host and therefore if he discharge not the House the Host may stay his Horse Fulb. Paral. tract Contracts fol. 6. Consistory Consistorium Signifies as much as Praetorium or Tribunal It is commonly used for a Council-House of Ecclesiastical Persons or the place of Justice in the Court Christian a Session or Assembly of Prelates Every Archbishop and Bishop of every Diocess hath a Consistory Court held before his Chancellor or Commissary in his Cathedral Church or other convenient place of his Diocess for Ecclesiastical Causes See 4 Inst fol. 338. Sciatis vos omnes caeteri mei fideles qui in Anglia manent quod Espicopales Leges quae non bene secundum Sanctorum Canonum praecepta usque ad mea tempora in Regno Anglorum fuerunt communi Concilio Archiepiscoporum meorum caeterorum Episcoporum Abbatum omnium Principum Regni mei emendendas judicavi Propterea mando Regia Authoritate praecipuo ut nullus Episcopus vel Archi-Deaconus de Legibus Episcopalibus amplius in Hundret placita teneant nec causam quae ad regimen animarum pertinet ad judicium secularium hominum adducant c. This Law made by the Conqueror seems to give the original of the Bishops Consistory as it sits with us divided from the Hundred or County-Court wherewith in the Saxon time it was joyned And in the same Law of his is further added Hoc etiam defendo ut nullus laicus homo de Legibus quae ad Episcopum pertinent se intromittat c. Seldens Hist of Tithes pag. 413 414. Consolidation Consolidatio Is used for the combining and uniting two Benefices in one Broke tit Union and Anno 37 Hen. 8. cap. 21. This word is taken from the Civil Law where it signifies properly an uniting of the possession occupation or profit with the property As if a Man have by Legacy Usum-fructam fundi and afterwards buy the Property or Fee-simple as we call it of the Heir this is called a Consolidation See Union and Unity of Possession Conspirators Are according to the Statute those that do confeder or â—ind themselves by Oath Covenant or other Aliance that every of them shall aid and hear the other falsly and maliciously to indite or cause to indite or falsly to move or maintain Pleas And also such as cause Children within age to Appeal Men of â—elony whereby they are imprisoned and sore grieved and such as retain Men in the Countrey with Liveries or Fées to maintain their malicious enterprises And this extendeth as well to the takers as to the givers And Stewards and Bailiffs of great Lords which by their Seigniory Office or Power undertake to hear or maintain Quarrels Pleas or Debates that concern other Parties then such as touch the estate of their Lords or themselves Anno 33 Edw. 1. Stat. 2. 2 Part. Inst â—ol 384. and 562. Conspiracy Conspiratio Though both in Latin and French it be used for an Agreement of Men to do any thing either good or bad yet in our Law-Books it is always taken in the evil part Anno 4. Edw. 3. cap. 11. 3 Hen. 7. cap. 13. 1 Hen. 5. cap. 3. and 18 Hen. 6. cap. 12. As also New Book of Entries verbo Conspiracy In which places Conspiracy is taken more generally and confounded with Maintenance and Champerty but in a more special signification it is used for a Confederacy of two at the least falsly to endite one or to procure one to be endited of Felony And the punishment of it upon an Indictment of Felony at the Kings suit anciently was That the
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
so are they said to lead the Fine Upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizoâ— who thereupon yields to pass the Fine before the Judge and so the Acknowledgment being Recorded the Cognizor and his Heirs are presently concluded and all strangers not excepted after five years passed If the Writ whereon the Fine is grounded be not a Writ of Covenant but of Warrantia Chartae or a Writ of Right or of Mesn or of Customs and Services for of all these Fines may also be founded West sect 23. then this Form is observed the Writ is served upon the party that is to acknowledge the Fine and then he appearing doth accordingly See Dyer fol. 179. num 46. Fines are now onely levied in the Court of Common Pleas at Westminster in regard of the solemnity thereof ordained by the Statute of 18 Edw. 1. Before which time they were sometimes levied in the County Courts Court Barons and in the Exchequer as may be seen in Mr. Dugdales Origines Juridiciales alibi This word Fine sometimes signifies a sum of Money paid for an income to Lands or Tenements let by Lease anciently called Gersuma sometimes an amends pecuniary punishment or recompence upon an offence committed against the King and his Laws or a Lord of a Mannor In which case a Man is said Facere Finem de transgressione cum Rege c. Reg. Jud. fol. 25. a. Of the diversity of these Fines see Cromptons Just of Peace fol 141. b. 143 144. and Lamb. Eiren. lib. 4. cap. 16. But in all these diversities of Uses it hath but one signification and that is a Final conclusion or end of differences between parties And in this last sence wherein it is used for the ending and remission of an Offence Bracton hath it lib. 2. cap. 15. num 8. speaking of a Common Fine that the County pays to the King for false Judgments or other Trespasses which is to be Assessed by the Justices in Eyr before their departure by the Oath of Knights and other good men upon such as ought to pay it with whom agrees the Statute 3 Edw. 1. cap. 18. There is also a Common fine in Leets see Kitchin fol. 13. Vide Common Fine Fleta lib. 1. cap. 48. and Coke on Littl. fol. 126. b. Fines for Alienation Are reasonable Fines paid to the King by his Tenants in Cheif for License to Alien their Lands according to the Stat. 1 Edw. 3. cap. 12. But see the Stat. 12 Car. 2. cap. 24. Fines pro Licentia Concordandi Anno 21 Hen. 8. cap. 1. See Fine Fine force from the Fr. Fin i. crafty or subtil and ferce i. vis Seems to signifie an absolute necessity or constraint not avoidable and in this sence it is used Old Nat. Br. fol. 78. And in the Stat. 35 Hen. 8. cap. 12. in Perkins Dower fol. 321. Plowden fol. 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo Dominico Is a Writ to Justices for disannulling a Fine levied of Lands holden in Ancient Demesn to the prejudice of the Lord. Reg. of Writs fol. 15. b. Fine Capiendo pro terris c. Is a Writ lying for one who upon Conviction by a Jury having his Lands and Goods taken into the Kings hand and his body committed to prison obtains favor for a sum of Money c. to be remitted his imprisonment and his Lands and Goods to be re-delivered to him Reg. of Writs fol. 142. a. Fine levando de tenementis tentis de Rege in Capite c. Was a Writ directed to the justices of the Common Pleas whereby to License them to admit of a Fine for the sale of Land holden in Capite Reg. of Writs fol. 167. a. Fine non capiendo pro pulchre placitando Is a Writ to inhibit Officers of Courts to take Fines for fair pleading Reg. of Writs fol. 179. Fine pro redisseisina capienda c. Is a Writ lying for the release of one laid in prison for a Re-disseisin upon a reasonable Fine Reg. of Writs fol. 222. Finors of Gold and Silver Are those that purifie and part those Mettals from other courser by Fire and Water Anno 4 Hen. 7. cap. 2. They are also called Parters in the same place and sometimes Departers Firdstole See Fridstole Firebare Quod sine dilatione levari reparari fac signa Firebares super montes altiores in quolibet Hundredo Ita quod tota patria per illa signa quoâ—iescuâ—que necesse fuit praemuniri potest c. Ordinatio pro vigil observand a Lynne usque Yermouth temp Ed. 2. Perhaps from the Saxon Fyretor a Beacon or a High Tower by the Sea-side wherein were continual Lights either to direct Sailers in the Night or give warning of the Enemy Firebote Sax. Signifies allowance of Wood or Estovers to maintain competent Fire for the use of the Tenant See Haybote Firma see Ferme Ad firmam noctis was a Custom or Tribute paid towards the entertainment of the King for one night according to Domesday Comes Meriton T. R. E. i. tempore Regis Edovardi Conf. reddebat firmam unius noctis i. Provision or Entertainment for one night or the valne of it Firma Regis anciently Pro villa Regia seu Regis Manerio Spel. First-fruits or Annates Primitiae Are the Profits after Avoidance of every Spiritual Living for one year given in ancient time to the Pope throughout all Christendom but by the Stat. 26 Hen. 8. cap. 3. translated here in England to the King For ordering whereof there was a Court erected 32 Hen. 8. cap. 45. but dissolved 1 Mar. Sess 2. cap. 10. And since that time though those Profits are reduced again to the Crown 1 Eliz. cap. 4. yet was the Court never restored but all matters formerly handled therein were transferred to the Exchequer See Annates Fish-garth Anno 23 Hen. 8. cap. 18. A Dam or Wear in a River made for the taking of Fish especially in the Rivers Owse and Humber See Garth Fithwite Rectiùs Fihtewite a Sax. Feoht pugna and wite mulcta mulcta ob commissam pugnam in perturbationem pacis publicae Fithwite i. si pugnaverint percusserint se quamvis sanguinem non extraxerint Prior habebit inde amerciamenta Ex Registro Priorat de Cokesford Fledwite or Flightwite Sax. Flyht fuga wite mulcta Signifies in our ancient Laws a Discharge or Freedom from Amerciaments when one having been an outlawed Fugitive comes to the Peace of our Lord the King of his own accord or with licence Thus Rastal But Quaere whether it does not rather signifie a Mulct or Fine set upon a Fugitive Fléet Sax. Fleot i. A place where the Water ebbs and flows a running Water A famous Prison in London so called from the River on the side whereof it stands To this Prison Men are usually committed for contempt to the King and his Laws or upon absolute
detaining or with-holding possession Is a violent act of resistance by strong hand of Men weaponed or other action of fear in the same place or elswhere by which the lawful Entry of Justices or others is bard or hindered West pa. 2. Symbol tit Indictments sect 65. Cromptons Just of Peace fol. 59. Forcible Entry Ingressus manu forti factus Is a violent actual entry into House or Land c. or taking a distress being weaponed whether he offer violence or fear of hurt to any there or furiously drive any out of possession West and Crompton ut supra It is also used for a Writ grounded upon the Stat. 8 Hen. 6. cap. 9. whereof read Fitz. Nat. Br. at large fol. 248. New Book of Entries verbo Forcible Entry and Lamberts Eiren. lib. 2. cap 4. Foreclosed Anno 33 Hen. 8. cap. 39. Barred shut out or excluded for ever 2 Part. Inst fol. 298. Foregoers Were Purveyors otherwise called Going before the King in Progress to provide for Him Anno 36 Edw. 3. cap. 5. Forein Fr. Forain Lat. Forinsecus Is in our Law joyned with divers Substantives in Senses not unworthy the Exposition As Forein Matter that is matter triable in another County Pl. Cor. fol. 154. or matter done in another County Kitchin fol. 126. Forein Plea Is a refusal of the Judge as incompetent because the matter in question is not within his Jurisdiction Kitchin f. 75. Anno 4 Hen. 8. cap. 2. And 22 Ejusdem cap. 2. 14. Forein Answer Is such an Answer as is not triable in the County where it is made 15 Hen. 6. cap. 5. Forein Service Is that whereby a Mean Lord holds over of another without the compass of his own Fee Broke tit Tenures fol. 28 95 251. num 12. 28. Kitchin fol. 209. or else that which a Tenant performs either to his own Lord or to the Lord Paramount out of the Fee Of which Services thus Bracton lib. 2. cap. 16. num 7. Item sunt quaedam servitia quae dicuntur forinseca quamvis sunt in charta de Feoffamento expressa nominata quae ideo dici possunt forinseca quia pertinent ad Dominum Regem non ad Dominum capitalem nisi cum in propria persona profectus fuerit in servitio vel nisi cum pro servitio suo satisfecerit Domino Regi quocunque modo fiunt in certis temporibus cum casus necessitas evenerit varia habent nomina diversa Quandoque enim nominantur forinseca largè sumpto vocabulo quoad servitium Domini Regis quandoque Scutagium quandoque servitium Domini Regis ideo forinsecum dici potest quia sit capitur foris sive extra servitium quod fit Domino capitali Forein Service seems to be Knights-service or Escuage uncertain Perkins Reservation 650. Salvo forinseco servicio Mon. Angl. 2 Par. fol. 637. b. Forein Attachment Is an Attachment of Foreiners Goods found within a Liberty or a City for the satisfaction of some Citizen to whom the Foreiner is indebted At Lempster anciently Leominstre there is the Borough and the Forein which last is within the Jurisdiction of the Mannor but not within the Bailiff of the Boroughs Liberty Forein Opposer or Apposer Forinsecarum Oppositor Is an Officer in the Exchequer to whom all Sheriffs after they are apposed of their sums out of the Pipe Office do repair to be opposed by him of their Green Wax He examines the Sheriffs Estreats with the Record and apposeth the Sheriff what he says to every particular sum therein Practise of the Exchequer fol. 87. See 4 Inst fol. 107. Forera Terra transversalis seu Capitalis A Head-land or as they vulgarly call it Hade-land Uno capite abuttante super Foreram Rogeri Attecastel Carta de Anno 47 Edw. 3. Penes Tho. Wollascot Arm. Forest Foresta Signifies a great or vast Wood Locus silvestris saltuosus Our Law-writers define it to be Locum Ubi ferae inhabitant vel includuntur Others say it is called Foresta quasi Ferarum statio vel tuba mansio ferarum Manwood in his second Part of Forest Laws cap. 1. defines it thus A Forest is a certain Territory of Woody Grounds and Fruitful Pastures priviledged for Wilde Beasts and Fowls of Forest Chase and Warren to rest in and abide in the safe Protection of the King for His Princely delight meered and bounded with unremoveable Marks Meers and Boundaries either known by Matter of Record or Prescription Replenished with Wilde Beasts of Venary or Chase and with great Coverts of Vert for succor of the said Beasts For preservation and continuance of which place with the Vert and Venison there are certain particular Laws Priviledges and Officers belonging onely thereto Its properties are these First A Forest as it is truly and strictly taken cannot be in the hands of any but the King because none hath power to grant Commission to be a Justice in Eyre of the Forest but the King Yet the Abbot of Whitby had a Forest by Grant of Henry the Second and King John with all Officers incident thereto 4 Inst fol. 305. 314. The second property is the Courts as the Justice Seat every three years the Swainmote thrice every year and the Attachment once every forty days The third may be the Officers belonging to it for preservation of the Vert and Venison As first the Justices of the Forest the Warden or Keeper the Verderers the Foresters Agistors Regarders Bailiffs Bedels and such like which see in their places See Manwood p 〈…〉 cap. 1. num 4 5. But the most especial Court of a Forest is the Swain-mote which is no less incident to it then the Court of Pye-Powders to a Fair. If this fail then is there nothing of a Forest remaining but it is turned into the nature of a Chace There are reckoned to be in England Sixty eight Forests For the ascertaining the Meets and Bounds of Forests See Anno 17 Car. 1. cap. 16. Forestagium Et sint quieti de Theoloneo Passagio de Forestagio Theoloneo aquarum viarum Forestam meam contingentium Carta 18 Edw. 1. m. 10. n. 30. Seems to signifie some duty or tribute payable to the Kings Foresters as Chiminage or such like Forestal See Forstal Forester Forestarius Is a Sworn Officer of the Forest appointed by the Kings Letters Patent to walk the Forest both early and late watching both the Vert and the Venison attaching and presenting all Trespassers against them within their own Bayliwick or Walk whose Oath you may see in Crompton fol. 201. And though these Letters Patent are ordinarily granted but quam diu se bene gesserint yet they are granted to some and their heirs who are hereby called Foresters or Fosters in Fee Idem fol. 157 and 159. And Manwood Part. 1. pa. 220. whom in Latin Grompton calls Forastarium Feudi fol. 175. Fore-judging or Forjudging Forjudicatio Signifies a Judgment whereby a Man is deprived
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law 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 alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
Students therein do there not onely study the Laws but use such other exercises as may make them more serviceable to the Kings Court Fortescu cap. 49. Of these there are four well known viz. The Inner Temple Middle Temple Lincolns Inn and Greys Inn. These with the Two Serjants Inns and Eight Inns of Chancery do altogether to use Sir Edward Cokes words make the most famous University for Profession of Law onely or of any one Humane Science in the World Of which see Mr. Dugdales Origines Juridiciales at large Innotescimus Letters Patent so called which are always of a Charter of Feofment or some other Instrument not of Record and so called from the words in the Conclusion Innotescimus per presentes An Innotescimus Vidimus are all one See Pages Case 5 Rep. Innuendo from innuo to beck or nod with the Head to signifie a word used in Writs Declarations and Pleadings and the Office of it is onely to declare and ascertain the person or thing which was named or left doubtful before as to say he Innuendo the Plaintiff is a Theif when as there was mention before of another person Innuendo may not enlarge the sence of the words nor make a supply or alter the Case where the words are defective Huttons Rep. fol. 44. Inpeny and Outpeny In the Register of the Monastery of Cokesford pag. 25. Thus De Inpeny Outpeny consuetudo talis est in villa de East Rudham de omnibus terris quae infra Burgagium tenentur viz. Quod ipse qui vendiderit vel dederit dictam tenuram alicui dabit pro exitu suo de eadem tenurâ unum denarium pro ingressu suo Et si predicti Denarii a retro fuerint Ballivus domini distringet pro eisdem denariis in eadem tenura These words and Custom are also mentioned in the Rolls of a Court there held about the Feast of the Epiphany Anno 12 Rich. 3. Spelm. Inquirendo Is an Authority given to any person to enquire into something for the Kings advantage in what case it lies See Reg. of Writs fol. 72 85 124 265. Inquisition Inquisitio Is a manner of proceeding by way of search or examination in matters criminal by the great Enquest before Justices in Eyre It is also used in the Kings behalf in Temporal Causes and Profits in which sence it is confounded with Office Stanf. Praerog fol. 51. Inquifitors Inquisitores Are Sheriffs Coroners Super visum Corporis or the like who have power to enquire in certain Cases Stat. of Marlbridge cap. 18. Britton fol. 4. And in Westm 1. Enquirors or Inquisitors are included under the name of Ministri 2 Part. Inst fol. 211. Inrolment Irrotulatio The Registring Recording or Entring any lawful Act in the Rolls of the Chancery Exchequer Kings Bench or Common Pleas in the Hustings of London or by the Clerk of the Peace in any County As a Statute or Recognizance acknowledged or a Deed of Purchase enrolled Anno 27 H. 8. cap. 16. See West par 2. Symb. tit Fines sect 133. Insidiatores viarum Way-layers Are Woods which by the Stat. 4 Hen. 4. cap. 2. Are not to be put in Indictments Arraignments Appeals c. Insimul tenuit Is one Species of the Writ of Partition See Formdon Insinuation Anno 21 Hen. 8. cap. 5. A creeping into a Mans Minde or Favor covertly Insinuation of a Will is among the Civilians the first Production of it or the leaving it Penes Registarium in order to its Probat Inspeximus Letters Patent so called and is the same with Exemplification which begins thus Rex Omnibus Inspeximus irrotulamentum quarund literarum Patent ' c. It is called Inspeximus because it begins after the Kings title with this word Inspeximus See Pages Case 5 Rep. Instalment Anno 20 Car. 2. cap. 2. A Settlement Establishment or sure placing in sometimes it is confounded with Abatement Institution Institutio Is when the Bishop says to a Clerk who is presented to a Church-Living Instituo te Rectorem talis Ecclesiae cum cura animarum accipe curam tuam meam Every Rectory consists of a Spiritualty and a Temporalty as to the Spiritualty viz. Cura animarum he is a compleat Parson by Institution but as to the Temporalties as Gleab-land c. he has no Frank-tenant therein till Induction Cokes 4 Rep. Digbies Case The first beginning of Institutions to Benefices was in a National Synod held at Westminster by John de Crema the Popes Legate Anno 1124. which see in Seldens Hist of Tythes pag. 375. In super Anno 21 Jac. cap. 2. Is used by Auditors in their Accounts in the Exchequer when they say so much remains in super such an Accoantant that is so much is charged upon him in his account Intakers Were a kind of Theeves in Redesdale and the furthest parts of the North of England mentioned 9 Hen. 5. ca. 8. So called because they dwelling in that liberty did take in and receive such booties of Cattel and other things as their Complices the Outparters brought in to them from the borders of Scotland See Outparters Intendment of Law Fr. Entendement intellectus the Understanding Judgment Intention or true meaning of the Law Regularly Judges ought to judge according to the common Intendment of Law Coke on Litt. fo 78. Inter canem lupum Margeria filia Nicholai de Okele appellat Johannem Chose pro raptu pace Regis fracta die Martis prox c. inter canem lupum i. In crepusculo scilicet Anglice twylight i. Inter diem noctem c. Inter Plac. de Trin. 7 Edw. 1. Rot. 12. Glouc. In placito de domo combusta maliciose hora vespertina scilicet inter canem lupum venerunt malefactores c. Plac. Cor. apud Novum Castrum 24 Ed. 1. Rot. 6. Intercommoning Is where the Commons of two Mannors lie contiguous and the Inhabitants of both have time out of mind depastured their Cattel promiscuously in each of them Interdiction Interdictio Has the same signification in the Common as it hath in the Canon Law which thus defines it Interdictio est censura Ecclesiastica prohibens administrationem divinorum And so it is used 22 Hen. 8. ca. 12 25. ejusdem cap. 20. Interdicted of Water and Fire Were in old time those who for some crime were banished which Judgment though it was not by express sentence pronounced yet by giving order That no man should receive them into his house but deny them Fire and Water the two necessary elements of life they were condemned as it were to a Civil death and this was called legitimum exilium Livie Interest Interesse Is vulgarly taken for a term or Chattel real and more particularly for a future term in which case it is said in pleading that he is possessed de interesse termini But ex vi termini in legal understanding it extends to Estates Rights and Titles that a man hath of in to
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per
cap. 11. Lawn See Landa Layland Terra inculta novale Land that lies untilled Leap-year See Bissextile Lease from the Fr. Laisser i. Relinquere Permittere Is a Demise or Letting of Lands Tenements Right of Common Rent or any Hereditament to another for Term of Years or Life for a Rent Reserved If the Lease be written it is said to be an Indenture Deed Poll or Lease in writing if made by word of Mouth it is called a Lease Parol The Party that Lets this Lease is called the Leassor and he to whom it is made the Leassee A Lease hath in it six Points or Parts 1. Words importing a Demise 2. A Leassee named 3. A Commencement from a day certain 4. A Term of Years 5. A Determination 6. A Reservation of Rent Coke vol. 6. Knights Case fol. 55. Lecherwite alias Legerwite See Lairwite Leccator A Riotous debauched Person a Roaring Boy a Tavern-hunter Sciant quod ego Johannes Constabularius Cestriae dedi Hugoni de Dutton Haeredibus Magistratum omnium Leccatorum Meretricum totius Cestershiriae sicut liberiùs illum Magistratum teneo de Comite Salvo jure meo mihi haredibus meis Hiis testibus c. Sine dat circa Annum 1220. Lǽt Leta visus Franci-plegii Otherwise called a Law-daw This Court in whose Mannor soever kept is accounted the Kings Court because the Authority thereof is originally belonging to the Crown and thence derived to inferior persons and is a Court of Record It enquireth of all offences under High Treason though it cannot punish many but must certifie them to the Justices of Assize by Stat. 1 Edw. 3. cap. ult Of which see 4 Inst fol. 261. And the Stat. 8 Edw. 2. Haec est Curia prisca illa says Spelman quae inter Saxones ad Friborgos Decanias Tenmentalas pertinebat Leet comes from the Sax. Laet i. Censura arbitrium or from Laetan Censere aestimare Quòd in hac olim Curia de damnis aestimabatur inter vicinos emergentibus ut patet in LL. Edw. Conf. cap. 20. See the Antiquities of Warwickshire fol. 2. Legacy Legatum Is a particular thing given by a last Will and Testament and he to whom such Legacy is given is called a Legatee Legalis homo Is taken for him who stands Rectus in Curia not Outlawed nor Excommunicated nor Defamed and in his sence are those words so often used Probi et legales homines Hence Legality is taken for the condition of such a Man Ipse tamen malefactor tradat fidejussores de pace legalitate tuenda i. Sureties for his Good-behavior LL. Edw. Conf. cap. 18. See Yoman Legatarie Legatarius He or she to whom any thing is bequeathed a Legatée Spel. says it is sometimes used Pro Legato vel Nuncio Legatorie Anno 27 Eliz. cap. 16. The same with Legatary Legergild Legergildum The same with Lairwite But in the Laws of Hen. 1. cap. 12. it seems to have a different signification Si quis Dei fugitivum habet injustè reddat eum ad rectum persolvat ei cujus erit Regi emender secundum Legergildum Legespend See Lespegend Legitimation Legitimatio A making lawful or Legitimate Lent from the Sax. Lencten Faesten i. Jejunium vel tempus quadragesimale The Spring Fast A time of Fasting for forty days next before Easter mentioned in the Stat. 2 3 Edw. 6. cap. 19. And according to Sir Rich. Baker Chron. fol. 7. first commanded to be observed in England by Ercombert Seventh King of Kent before the year 800. Lep and Lace Leppe Lasse Is a Custom within the Mannor of Writtel in Com. Essex that every Cart that comes over a part thereof called Greenbury except it be the Cart of a Nobleman pays four pence to the Lord of the Mannor This Greenbury is conceived to have anciently been a Market place and therefore had this priviledge granted Tobias Edmonds Gen Senescal ibid. Leporarius A Grey-hound for the Hare Concedo eis duos Leporarios quatuor Bracatos ad leporem capiendum in Foresta nostra de Essexia Mon. Angl. 2 par fol. 283. a. Leproso amovendo Is a Writ that lies for a Parish to remove a Leper or Lazar that thrusts himself into the Company of his Neighbors either in Church or other Publick Meetings to their Annoyance Fitz. Nat. Br. fol. 234. Lespegend Sax. Les-thegen i. Barominor Sint sub quolibet horum quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant Dani vero Yoong men vocant locati qui curam onus tum viridis tum veneris suscipiant Constitut Canuti Regis de Foresta Art 2. Lestage See Lastage Leth. See Lath. Letherwite 2 Inst fol. 488. This is doubtless there mistaken or false Printed for Lecherwite See Lairwite Letters Patent Literae Patentes Are Writings sealed with the Great Seal of England whereby a Man is enabled to do or enjoy that which otherwise of himself he could not Anno 19 Hen. 7. cap. 7. And they are so called because they are open ready to be shewed for confirmation of the Authority thereby given Letters Patent may be granted by common persons but they are rather called Patents yet for distinction the Kings Letters Patent are sometimes called Letters Patent Royal. Anno 2 Hen. 6. cap. 10. Letters Patent conclude with Teste me ipso c. Charters with Hiis testibus 2 Part Inst fol. 78. Letter of Atturney Litera Atturnati Is a writing authorising an Atturney that is a Man appointed to do a lawful act in our steeds West pa. 1. Symb. lib. 2. sect 559. As a Letter of Atturney to give Seisin of Lands thus anciently PAteat universis per presentes quod ego Johannes Gour Dominus de Peodelestone Attornavi loco meo dilectum mihi in Christo Johannem Hendyng ad ponendum William Nasche Rogerum Nasche in plena pacifica seisina in omnibus illis terris tenementis cum pertin suis quae quas habeo in Orleton prout in carta Feoffamenti dictis Will. Rogero inde confecta plenius continetur Ratum haben gratum quicquid dictus Iohannes nomine meo fecerit in praemissis In cujus c. dat 43 Ed. 3. Letters of Marq See Marq and Reprisals Levant and Couchant Is when Cattel have been so long in another Mans Ground that they have lain down and are risen again to seed in ancient Records Levantes cubantes See Falda Levari facias Is a Writ directed to the Sheriff for the levying a Summ of Money upon his Lands and Tenements who has forfeited a Recognizance Reg. of Writs fo 298. b. Levari facias damna de disseisitoribus Is a Writ directed to the Sheriff for the levying Dammages wherein the Disseisor has formerly been condemned to the Disseisee Reg. of Writs fo 214. b. Levari facias residuum debii Is a Writ directed to the Sheriff for the levying the remnant of a Debt upon Lands and Tenements or Chattels of the Debtor that has been in part
satisfy'd before Reg. of Writs fol. 299. Levari facias quando vicecomes returnavit quod non habuit emptores Is a Writ commanding the Sheriff to sell the Goods of the Debtor which he has already taken and returned that he could not sell Reg. of Writs fol. 300. a. Levy Levare Signifies to gather or exact as to levy Money and is sometimes used to erect or set up as to levy a Mill. Kitchin fo 180. Also to raise or cast up as to levy a Ditch Old Nat. Br. fol. 110. And to levy a Fine which is now the usual term but I have seen a Deed where in William St. George Esquire convenants to rere a Fine of the Mannors of Brandon and Wych-hampton Dat. 17 Hen. 6. Lex Bretoise The Law of the Britans or Marches of Wales Lex Marchiarum See Bretoyse Lex deraisnia rectius Deraisina Is the proot of a thing which one denies to be done by him and his Adversary affirms it defeating and confounding the Assertion of his Adversary and shewing it to be without and against reason or probability Juris membrum est Normannici quod in prisco ejusdem Custumario ca. 126. sic definitur Deraisina autem est Lex quaedam in Normania constituta per quam in simplicibus querelis insecutus factum quod a parte adversa ei obiicitur se non fecisse declarat Vide plura ibidem Dereyn Ley gager Anno 1 Car. 1. ea 3. Wager of Law See Law Ley Lex See Law Libel Libellus Litterally signifies a little Book but by use it is the original Declaration of any action in the Civil Law An. 1 Hen. 5. ca. 3 2 Ed. 6. ca. 13. It signifies also a scandalous report of any man cast abroad or otherwise unlawfully published in Writing but then for difference sake it is called famosus libellus an infamous Libel See Cokes Rep. lib. 5. fo 124 125. 3 Inst fo 174. See Rime Libello habendo See Copia libelli deliberanda Liber taurus A free Bull. Compertum per Jur. quod Will. de Losa fuit seisitus de libero Tauro habendo in Hamsted c. Ideo consideratum est quod praedictus W. recuperet damna sua quae taxantur per Iur. ad iv s pro imparcatione ejusdem Tauri c. Norf. 16 Ed. 1. Libera batella A free Boat Per liberam batellam hoc est habere unam cimbam ad piscand subter pontem Cestriae supra Etonam ibidem cum omni genere retium Plac. in Itin. apud Cestriam 14 Hen. 7. Libera chasea habenda Is a Writ judicial granted to a man for a free chase belonging to his Mannor after he has by a Jury proved it to belong to him Reg. of Writs judicial fo 36 and 37. Liberate Is an original Writ issuing out of the Chancery to the Treasurer Chamberlanes and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any annual pension or other summ granted under the Great Seal or to a Sheriff to deliver possession of Lands and Goods extended See Broke tit Taile d' Exchequer 4 Inst fol. 116. Libertate probanda Was a Writ that lay for such as were challenged for Slaves and offer'd to prove themselves free c. Fitz. Nat. Br. fo 77. Villenage and the several appendixes thereof viz. Infranchisement Writs de Nativo habendo Libertate probanda and the pleadings and trials relating thereunto were great Titles in the old Books but now antiquated by time Pref. to Rolls Abridg. Libertatibus allocandis Is a Writ that lies for a Citizen or Burgess that contrary to his liberty is impleaded to have his priviledge allowed Reg. of Writs fo 262. Libertatibus exigendis in itinere Is a Writ whereby the King wills the Justices in Eyre to admit of an Atturney for the defence of another Mans liberty before them Reg. of Writs fo 19. Liberum Herbagium See Herbagium Librata terrae Contains four Oxgangs and every Oxgang 13 Acres Schene verbo Bovata terrae See Fardingdeal Licence to arise Licentia surgendi Is a liberty or space of time given by the Court to a Tenant to arise out of his bed who is essoyned de malo lecti in a real action See Bracton lib. 5. Tract 2. ca. 7. 10 12. And Horns Mirror ca. des Essoins Licentia surgendi is the Writ thereupon Reg. fo 8. Licentia transfretandi Is a Writ or Warrant directed to the keepers of Dover-Port c. willing them to let such pass over-Sea who have formerly obtained the Kings Licence thereunto Reg. of Writs fo 193. Licentia concordandi Anno 12 Car. 2. ca. 12. See Kings-silver Lidford-Law Is grown to a kind of Proverb to hang men first and to indite them afterwards so called from a Town of that name in Cornwal where a Court is held which was heretofore of great extent the course whereof is very summary The like being said of Halifax in the County of York Lieftenant or Lieutenant Locum-tenens The Kings Deputy He that exercises the Kings or any other persons place or represents his person As the Lieutenant of Ireland Anno 4 Hen. 4. ca. 6. and 2 3 Edw. 6. ca. 2. Whence that Officer seems to take his beginning Lieutenant of the Ordnance Anno 39 Eliz. ca. 7. Life-rent Is a Rent or Exhibition which a Man receives either for Term of life or for sustentation of life Nota quod Eschaeta terrarum felonis post annum diem viz. his Life-rent ipso vivente computatur inter bona mobilia Skenaus ad Quon Attach ca. 18. vers 5. Lieges and Liege-people Ligati The Kings Subjects anciently so called because they owe and are bound to pay Allegiance to Him Anno 8 Hen. 6. ca. 10. 14 Hen. 8. ca. 2. and divers other Statutes yet anciently private persons had their Leiges Reinaldus Dei gratia Abbas Ramesiae Praeposito hominibus de Brancestre omnibus vicinis Francis Anglis salutem Sciatis me dedisse terram Ulf in depedene hodie Depedale buic Boselino uxori ejus Alfniae ita bene sicut homines de Brancestre illum testificant verum habuisse ea conditione quod effecti sunt homines Liges Lib. Rames Sect. 244. Omnibus c. Reginaldus Rex Insularum salutem Sciatis quod deveni homo ligeus Domini Regis Angliae Iohannis contra omnes mortales quamdiu vixero inde ei sidelitatem sacramentum praestiti Et in hujus rei testimonium hanc eartam meam inde feci T. Domino F. Wint. Episcopo M. S. penes Wil. Dugdale Ar. See Ligeancy Lierwit See Lairwite Ligeancy Ligantia From the Ital. Liga a League or Bond Vinculum arctius inter subditum Regem utrosque invicem connectens hunc ad protectionem justum regimen illos ad tributa debitam subjectionem Is such a Duty or Fealty as no man may owe or bear to more then one Lord and therefore it is most commonly
to real and mixt Actions and Mainpernors to personal lib. 3. ca. des Pledges Mainpernors See 4 Inst fo 179. â—ainsworn in the North signifies as much as Forsworn Brownl Rep 4. Hâ—b rep 8. Maintainor Anno 19 Hen. 7. ca. 14. Is he that maintains or seconds a Cause depending in Sute between others either by disbursing Money or making Friends for either party towards his help Maintenance Manutenentia Signifies the upholding or maintaining a Cause or Person eithor by Word Writing Countenance or Deed Metaphorically taken from the succoring a young Child that learns to go by ones hand and is used in the evil part Anno 32 Hen. 8. ca. 9. When a Mans Act in this kind is by Law accounted Maintenance and when not See Brooke tit Maintenance and Kitchin fo 202. There lies a Writ against a Man for this offence called a Wrâ—t ef Maintenance See Coke on Litt. fo 368. b. Maison dieu Fr. An Hospital or Alms-house See Meason dieu Make Facere Signifies to perform or execute as to make his Law is to perform that Law which he has formerly bound himself unto that is to clear himself of an Action commenced against him by his Oath and the Oathes of his Neighbors Old Nat. Br. fo 267. Kiâ—câ—in fo 192. Which Law seems to be borrowed of the Feudists who call those Men that swear for another in this Case Sacramenâ—ales The formal words used by him that makes his Law are commonly these Hear O ye Iustices that I do not oâ—â— this summ of Money demanded neither all nor any part thereof in Manner and Form declared So help me God and the Contents of this Book To make Services or Custom is nothing else but to perform them Old Nat. 〈◊〉 fo 14. â—alediction Maledictio A Curse which was of old usually annexed to Donations of Land made to Churches and Religious Housâ—â— Si quic autem quod no◠〈◊〉 〈…〉 c â—ostram Donationem infringero 〈◊〉 pâ—rpâ—ssâ—◠〈◊〉 gelidâ—â— glaci 〈…〉 â—â—â—tibus maligâ—orum Spiriâ—uâ—m terribiles 〈◊〉 cruciatâ—◠〈◊〉 sisse non quiâ—scaâ— nâ—sâ— priâ—â— in riguâ—â— p 〈…〉 gâ—mit 〈…〉 purâ—â—mendatione emendaâ—â—rit Carta Regis Athelstani Monast dâ— Wilâ—unâ— Anno 933. Again Bolial sâ— qâ—iâ— filiâ—â— cartaâ—â— haâ—â— j 〈…〉 〈◊〉 conscriptam inimicali zelâ— corrumperâ— deâ—idâ—r 〈◊〉 〈◊〉 non dâ—biâ—â—t a 〈◊〉 〈◊〉 mei servientibus deo nunc 〈◊〉 usque in sâ—mpiternum abdicatum excommunicatum sine fine cruciandum unde post mortem a Tartariis rapsus Ministris in profundum pestiferae mortis inferni flammigera concludetur in Domo ibidem in quandam ollam Vulcani ligatis projicietur membris quae assidue bulliente pice repleta esse testatur a talibus frangentibus seu minuentibus intolleratissime atrociterque absque ulla misericordia sentitur nisi hoc ante mortem paenitentiae lamentis emendaverit Carta Eadredi Regis Mon. Angl. 2 Par. fo 867. Quod si forte post haec aliquis haeredum meorum de biis Elemosynis a pr 〈…〉 fata Ecclesia aliquid abstulerit ex ore meo in conspectu Dei sit ille maledictus in tremendo Iudicio nisi resipuerit condemnatus Amen Carta Roberti Camerarii Comitis Richmundiae in Bibl. Cotton Malefesance From the Fr. Malfaire i. To offend or transgress A doing of evil a transgressing Crokes Rep. 2 Par. fo 266. Maletent or Maletolte Fr. Maletoste i. Malum vel indebitum Telonium In the Statute called the Confirmation of the Liberties c. Anno 25 Edw. 1. ca. 7. Is interpreted to be a Toll of 40s for every sack of Wool Stow in his Annals calls it a Maletot fo 461. See the Stat. de Tallagio non concedendo Anno 35 ejusdem Nothing from henceforth shall be taken of Sacks of Wool by color or occasion of Maletent In France they had an extraordinary Tax called Maletoste Malin See Marle Malveis procurors in Art super Chartas ca. 10. Is understood of such as use to pack Juries by nomination or other practise or procurement 2 Inst fo 561. Manbote Sax. Man-bot A recompense for Homicide or a compensation due to the Lord for the slaughter of his Man or Vassal Manbote vero i. compensatio Domino persolvenda pro homine suo occiso Anglorum lege Regi Archiepiscopo tres Marcas de hominibus eorum propriis sed Episcopo ejusdem Comitatus Consuli dapifero Regis viginti solidos Baronibus autem aliis decem solidos c. Spel. de Concil Vol. 1. fol. 622. See Hoveden parte poster annal fo 344. Bote. Manca Charta Regis Eadgari Eccles Sancti Pauli Anno 867. Indictione 15. cum lato digno pretio i. lx Mancas in auro purissimo was a square piece of Gold commonly valued at 30 pence Mancusa was as much as a Mark of Silver Notes upon Canutus Lawes id est Manucusa Coyned with the hand Manciple Manceps A Clerk of the Kitchin or Caterer An Officer anciently so called in the Inner-Temple now he is called Steward there and still in Colledges of whom Jeoffrey Chaucer our ancient Poet and a Student in this House thus A Manciple there was in the Temple Of which all Catours might taken ensemple Mandamus Is a Writ that lay after the year and day where in the mean time the Writ called Diem clausit extremum had not been sent out to the Escheator Fitz. Nat. Br. fo 253. b. See Diem clausit extremum Mandamus was also a charge to the Sheriff to take into the Kings hands all the Lands and Tenements of the Kings Widow who against her Oath formerly given Married without the Kings consent Reg. fo 295. b. See Widow Mandatary Mandatarius He to whom a Commandement or Charge is given Also he that comes to a Benefice by a Mandamus Mandate Mandatum Is a Commandement judicial of the King or his Justices to have any thing done for the dispatch of Justice whereof you may see diversity in the Table of the Register Iudicial on this word The Bishops Mandat to the Sheriff Anno 31 Eliz. ca. 9. Manentes Was anciently used for Tenentes or Tenants Concil Synodal apud Clovesho Anno 822. Also Manses or Hides of Land Cressy's Ch. History fo 723. Manning Manopera A dayes Work of a Man in some ancient Deeds I have seen reserved so much Rent and so many Mannings Manor Manerium a Manendo of abiding there because the Lord of it did usually reside there Est feodum nobile partim vassallis quos Tenentes vocamus ob certa servitia concessum partim Domino in usum Familiae suae cum jurisdictione in vassallos ob concessa praedia reservatum Quae vassallis conceduntur terras dicimus tenementales quae domino reservantur dominicales Totum vero feodum dominium appellatur olim Baronia unde Curia quae huic praeest jurisdictioni hodie Curia Baronis nomen retinet Touching its original There was antiently a certain compass of Ground granted by the
King to some Baron or such like man of worth for him and his heirs to dwell upon and to exercise some jurisdiction more or less within that circuit as he thought good to grant performing him such services and paying such yearly rent for the same as he by his grant required and that afterward this great Man parcelled his Land to other meaner Men enjoyning them again such services and rents as he thought good and by that means as he became Tenant to the King so the inferiors became Tenants to him See Perkins Reservations 670. and Horns Mirror of Justices lib. 1. ca. du Roy Alfred In these dayes a Manor rather signifies the jurisdiction and Royalty incorporeal than the Land or scite For a man may have a Manor in Gross that is the right and interest of a Court Baron with the Perquisits and another enjoy every foot of the land belonging to it Kitchin fo 4. Bracton lib. 5. Tract 5. ca. 28. nu 1. See Fee A Manor may be compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowzen Court-baron and such like And this ought to be by long continuance of time bey ond mans memory For at this day as some hold a Manor cannot be made because a Court-Baron cannot be made and a Mannor cannot be without a Court-Baron and two suiters at least Manpygarnon Will. Walcote tenet Manerium de Adington in Com. Surr. per servitium inveniendi ad Coronationem Regis quoddam Potagium vocat Manpygarnon Mansion Mansio a Manendo A dwelling house a Country habitation most commonly used for the Lords chief dwelling House within his Fee otherwise called the Capital Messuage or the chief Manor-place See Skene verbo Mansus The Latin word Mansia in the Charter granted by King Kenulphus to Ruchin Abbot of Abingdon and mentioned by Sir Edward Coke in his Report de Jure Regis Ecclesiastico seems to signifie a certain quantity of Land Hida vel Mansia Mat. Westm in Anno 857. And in a Charter of Edw. Conf. it is written Mansa v. Hist of Pauls fo 189. Mansura Masura Are used in Domesday and other ancient Records for Mansiones vel habitacula villicorum But in carta de Anno 1 Edw. 3. n. 3. we read de tribus mansuris terrae in Wigornia quaere Manslaughter Homicidium Is the unlawful killing a Man without prepensed malice as when two meet and upon some sudden occasion falling out the one kills the other It differs from Murder because it is not done with foregoing malice and from Chancemedley because it has a present intent to kill and this is Felony but admits Clergy for the first time Stamf. pl. Cor. lib. 1 ca. 9. and Britton ca. 9. It is confounded with Murder in the Stat. 28 Edw. 3. ca. 11. Mansus Anciently a Farm Seldens Hist of Tythes pa. 62. Haec Indentura testatur quod Reginaldus Grey Dominus de Hastings Weisford de Ruthin tradidit Iohanni Saunders Mansum Manerii de Bedworth c. dat 18 Hen. 6. Here Mansum Manerii is used for the Mannor House or Mannor-Place Mansum capitale dicitur de aedibus Domini Manerii quas aulam vulgo nuncupant Mansum or Mansus is sometimes confounded with Mesuagium Spelman Manubrium The handle or haft of a Sword or Dagger Iur. praesentant quod A. de C. Aurifaber 2 Iunii 2 Iac. apud S. praedict quoddam Manubrium pugionis ferreum Anglice dictum A Dagger hilt of Iron c. Apud Maidston Manucaptio Is a Writ that lies for a Man who taken on suspicion of Felony and offering sufficient Bayl for his appearance cannot be admitted thereto by the Sheriff or other having power to let to Mainprise Fitz. Nat. Br. fo 249. See Mainprise How diversly it is used see the Table of Reg. of Writs And Pryns Animadversions fo 268. Manuel Manuelis That whereof present profit may be made or that is employed or used by the hand Stamf. Praerog fol. 54. As such a thing in the Manuel occupation of one i. Actually used or employed by him Manumission Manumissio Is the freeing a Villain or Slave out of bondage The form of this in the time of the Conqueror Lamb. in his Archai fo 126. sets down in these words Si quis velit servum suum liberum facere tradat cum vicecomiti per manum dextram in pleno comitatu quietum illum clamare debet a jugo servitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were manumitted by Charter Vide Brooke tit Villenage fo 305. Another way of Manumitting was for the Lord to take the Bondman by the Head and say I will that this Man be Free and then shove him out of his hand There was also Manumission imply'd as when the Lord made an Obligation for payment of Money to the Bondman at a certain day or sued him where he might enter without Sute or the like See Neif EDWARDUS Dei Gratia Rex Angliae Franciae Dominus Hiberniae Omnibus ad quos praesentes Literae nostrae pervenerint Salutem Sciatis quod nos ex gratia nostra speciali ex mero motu nostro Manu misimus ab omni jugo servitutis liberamus Johannem Dedwiche de Orleton in Com. Heref. Husbandman William Dedwiche de eadem Husbandman Nativos nostros de Manerio sive Dominio nostro de Orleton praedict Cum omnibus bonis catallis suis tuta eorum sequela progenie de eorum corporibus procreatis sive procreandis Ita quod nec Nos nec heredes nec Successores nec Assignati nostri aliquod Iuris vel clamei ratione alicujus Villenagii in ejusdem Johanne Willielmo seu de eorum progenie procreatis sive procreandis seu de bonis Catallis suis exigere vel vendicare poterimus in futuro c. In cujus rei testimon has literas nostras sub sigillo nostro Comitis nostrae Marchiae fieri fecimus Patentes Dat. vicessimo die Mensis Aprilis anno regni nostri octavo Ex ipso autographo penes Johan Colman Gen. locus sigil i. Sigillum Edwardi quarti dei gra regis anglie francie diu hiberme conntatussin marchie Manupastus Saepe obvenit in forensi dialecto pro famulo serviente Domestico Spelman Erat culpabilis tanquam de Manupasto Manwood cap. 16. n. 6. i. He shall be culpable as of a thing done by one of his family Gloss in x. Scriptor Manutenentia Is a Writ used in case of Maintenance Reg. of Writs fol. 182. 189. See Maintenance Manworth Sax. Manwyrth The price or value of a Mans Life or Head every Man according to his degree being rated at a certain price according whereunto satisfaction was of old made to his Lord for the killing him Marches Marchia Are the Bounds and Limits between
Curia vel invariare Renovamus etiam confirmamus Privilegia antiquorum Regum atque ob reverentiam Dominae nostrae perpetuae Virginis Mariae Sanctique Benedicti Sanctarumque virginum omnibusque futuris ibidem Abbatibus in tota possèssione Monasterii Sacham Socham Theloneumque suum in terra in aqua concedo Consuetudines ut ab omnibus apertius plenius intelligantur Anglice scriptas scilicet Mundbriche Feardwite Firwite Blodewite Mistzeninge Frithsoke Hamsockne Forstall Forphange Theifphange Hangwite Frithbriche Utlepe Infongenthefe Supbriche Tol Tem aliassque omnes leges Consuetudines quae ad me pertinent tam plene tam libere sicut eas in manu mea habebam Confirm Fundationis Monast de Ramsey per S. Edw. Conf. Mon. Angl. 1 par fo 237. Miskering Hoc est quietus pro querelis coram quibuscunque in transumptione probata MS. LL. Rob. Cot. pa. 262. See Mishering Misnomer compounded of the Fr. Mes which in composition alwayes signifies amisse and nomer i. nominare the using one name for another a mis-terming or mis-naming Misprision Fr. Mespris i. contempt or neglect Signifies a neglect negligence or oversight as Misprision of Treason or Felony is a neglect or light account made of Treason or Felony committed by not revealing it when we know of it Stam. pl. Cor. lib. 1. cap. 19. or by suffering any person committed for Treason or Felony or suspition of either to go before he be indited Misprision of Clerks Anno 8 Hen. 6. ca. 15. Is a neglect of Clerks in writing or keeping Records By misprision of Clerks no Process shall be adnulled or discontinued 14 Edw. 3. ca. 6. Stat. 1. For Misprision of Treason the offenders are to suffer imprisonment during the Kings pleasure lose their Goods and the Profits of their Lands during their lives Misprision of Felony is onely Finable by the Justices before whom the party is attainted Cromp. I. of Peace fo 40. Other faults may be accounted Misprisions of Treason or Felony because later Statutes have inflicted that punishment upon them whereof you have an example Anno 14 Eliz. ca. 3. of such as Coyn forrain Coyns not currant in this Realm and their Procurers Aiders and Abettors Misprision also signifies a mistaking Anno 14 Ed. 3. Stat. 1. ca. 6. v. 3 Inst fo 36 and 139. Mis-trial A false or erroneous Trial. Crokes Rep. 3 Part. fo 284. Delves Case Mis-user Is an abuse of liberty or benefit As He shall make Fine for his Misuser Old Nat. Br. fo 149. Mitta Sax. Mensura decem modiorum MS. In Wich salina redd 30 mittas salis Domesday tit Wirec scire Ego Wulfrun uxor Anketelli Singulis annis vitae meae ad Festum S. Benedicti quod est in aestate decem mittas de brasio quinque de gruto quinque mittas farinae triticiae 8 pernas 16 caseos duas vaccas pingues de terra mea Hicheling pro respectu annuo eidem Ecclesiae Ramesiensi procurari decerno Lib. Rames Sect. 38. Praeterea concessi eis septem Mittas Salis quolibet anno percipiendas apud Wiz Mon. Angl. 2 Par. so 262. b. Mittendo manuscriptum pedis Finis Is a Writ Judicial directed to the Treasurer and Chamberlains of the Exchequer to search and transmit the foot of a Fine acknowledged before Justices in Eyre into the Common-Pleas c. Reg. of Writs fo 14. Mittimus Is a Writ by which Records are transmitted from one Court to another as appears by the Stat. of 5 Rich. 2. ca. 15. as out of the Kings Bench into the Exhhequer And sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 Hen. 8. Dyer fo 29. and 29 Hen. 8. Dyer fo 32. Mittimus also signifies the Precept that is directed by a Justice of Peace to a Jaylor for the receiving and safe keeping a Felon or other Offender committed by the said Justice See Table of Reg. of Writs for other uses and applications of this Word Mixt tithes decimae mixtae Are those of Cheese Milk c. and of the young of beasts See Cokes 2 Part Inst fo 649. and see Tithe Mockadoes Anno 23 Eliz. ca. 9. A kind of Stuff made in England and elsewhere Moderata misericordia Is a Writ that lies for him who is amerâ—â—d in a Court-Baron or other Court not of Record for any transgression or offence beyond the quality of the fault It is directed to the Lord of the Court or his Bailiff commanding them to take a moderate Amerciament of the party and is founded upon Magna Charta ca. 14. Quod nullus liber homo amercietur nisi secundum qualitatem delicti c. The rest touching this Writ see in Fitz. Nat. Br. fo 75. See Misericordia Modo forma Are words of art in pleadings namely in the Answer of the Defendant whereby he denies to have done the thing laid to his charge modo forma declarata Kitchin fo 232. The Civilians in like case say Negat allegata prout allegantur esse vera Where modo forma are of the substance of the Issue and where but words of course see Coke on Litt. fo 281. b. Modus decimandi Is either when Land or a yearly Pension summ of Money or other profit belong to the Parson Viccar c. by composition or Custom in satisfaction of Tithes in kind MS. penes Auth. See 2 Inst fo 490. Molendinum bladonicum A Corn-mill for which in ancient Charters we also find Molendinum bladum molendinum de blado So a Fulling-mill is thus variously Latin'd in Re-Records Molendinum fullonicum Mol. fullanicum Mol. Fullere Mol. Fullarium Mol de Fulelez A Windmill Molendinum ad ventum venti Molendinum ventriticum ventricium A Water-mill Molendinum aquaticum aquatilium A Horse-mill Molendinum Equitium A Grinding or Griest-Mill Molendinum molare Ex Cartis Record in Mon. Angl. Molman Prior. Lewens pa. 21. omnis Lanceta omnis Toftman omnis Molman qui non sedet super Ogeland debent spergere unam reiam de fiens c. i. Unam strigam vel tractum stercoris a rew of muck Molasses Anno 12 Car. 2. ca. 25. Is the refuse Sirrop in the boiling of Sugar with which by the said Statute Wine is prohibited to be mingled or adulterated Monetagium Jus artificium cudendi monetas Moniers or Moneyors Monetarii Ministers of the Mint which make Coin and deliver out the Kings Moneys Anno 25 Edw. 3. ca. 20. Reg. of Writs fo 262. It appears that in ancient time our Kings of England had Mints in most of the Counties of this Realm and in the Tractate of the Exchequer written by Ockham we find that whereas Sheriffs ordinarily were ty'd to pay into the Exchequer the Kings Sterling-Money for such Debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any
it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâ—isum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
of use Parvise See Pervise Parvo nocumento Is a Writ See Nusance Paschal Rents Are rents or yearly tributes paid by the inferior Clergy to the Bishop or Arch-Deacon at their Easter-Visitation called also Synodals which vide Passage Passagium Is a French word signifying transitum meatum In the Statutes 4 Edw. 3. ca. 7. and Westm 2. ca. 25. It signifies the hire that a man pays for being transported over-Sea or over any River Charta Hen. 1. de libertat London Et omnes res corum per totam Angliam per portus maris de Theolonio Passagio Lastagio omnibus aliis consuetudinibus Per Passagium clamat esse quiet de omnibus passagiis in Com. Cestriae Flint pro omnibus carectis cariag equis servientibus summagiis suis oneratis Pl. in Itin. apud Cestriam 14 Hen. 7. Pascua See Pasture Pascuage Pascuagium Fr. Pascage Grasing Feeding or Pasturing of Cattel Et habere viginti porcos quietus de pascuagio fualium ad panem suum ad cibos coquendos c. Carta Ric. de Muntfichet Prioratâ— de Tremhale in Mon. Angl. 2 par fo 23. 2. Also the same with Pannage Passagio Is a Writ directed to the Keepers of the Ports to permit a man to pass over Sea who has the Kings Licence Reg. of Writs fo 193. b. Passe-port compounded of two French words Passer i. Transire Port i. Portus Signifies a Licence granted by any person in Authority for the safe passage of any Man from one place to another Anno 2 Ed. 6. ca. 2 Pasture Pastura Differunt Pascua Pastura nam Pastura omne genus pascendi significat sive fiat in pratis sive in stipula sive in agris sive in campis sed pascua est locus principaliter deputatus pecoribus pascendis ut puta in montibus moris mariscis planis non cultis nec aratis Lindewode lib. 3. Provin Angl. tit de Decimis cap. 1. Quoniam Patents Literae patentes Differ from Writs Crom. Jur. fo 126. The Coroner is made by Writ not by Patent See Letters Patent in the Table of the Register where you shall find the form of divers Patentee Is he to whom the King grants his Letters-Patent Anno 7 Ed. 6. ca. 3. Patria Pro Compagensibus Sic in Legum formulis ubi dicitur inquiratur per Patriam Et Assisa vel recognitio per Assisam idem est quod recognitio Patriae See Bona patria Patron Patronus Both in the Canon and Common Law signifies him that has the gift of a Benefice because the gift of Churches and Benefices originally belonged to such good men as either built them or endowed them with some great part of their revenue Patroni in Jure Pontificio dicuntur qui alicujus Ecclesiae extruendae aut alterius cujuscunque fundationis Ecclesiasticae Authores fuerunt ideoque praesentandi offerendi Clericum jus habent quem Ecclesiae vacanti praeesse in ea collatis redditibus frui velint c. Corasius in Paraphr ad Sacerdot Materiam Par. 1. cap. 2. Par. 4. cap. 6. Patron in the Civil Law is used for him that hath manumitted a servant and with the Feudists it is used pro authore feudi Hottoman verbo Patronus Paviage Rot. Pat. 10 Edw. 3. m. 32. Money paid towards the Paving of Streets or High-ways Pawnage See Pannage Pax Dei See Peace of God Pax Ecclesiae Dicitur cum salva sunt Ecclesiae omnia Privilegia immunitates servi famuli ministri c. Vide LL. Edw. Confess cap. 8. Pax Regis The Kings Peace Nam longe dehet esse Pax Regis a parte sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine novem pedes novem palmae novem grana hordei Multus c. LL. Edw. Confess cap. 12. LL. Hen. 1. See Peace of the King Peace Pax In the general signification is opposite to War or Strife but particularly with us it signifies a quiet and inoffensive carriage or behavior towards the King and His people Lamb. Eiren. lib. 1. cap. 2. pag. 7. Where any Man goes in danger of harm from another and makes oath of it before a Justice of Peace he must be secured by good Bond which is called Binding to the Peace See Cromptons Just of Peace fol. 118. usque 129. And see Frank-pledge and Conservator of the Peace Time of Peace is when the Courts of Justice are open and the Judges and Ministers of the same may by Law protect Men from wrong and violence and distribute Justice to all Coke on Littl. fol. 249. b. Peace of God and the Church Pax Dei Ecclesiae Was anciently used for that rest and cessation which the Kings Subjects had from trouble and sute of Law between the Terms See Vacation Pax Dei Tempus dicitur cultui divino adhibitum eaque appellatione omnes Dies Dominici festa Vigiliae censentur Spel. Peace of the King Pax Regis Anno 6 Rich. 2. stat 1. cap. 17. Is that Peace and Security both for Life and Goods which the King promiseth to all His Subjects or others taken to his Protection See Suit of the Kings Peace There is also the Peace of the Church for which see Sanctuary and the Peace of the Kings High-way which is the immunity that the Kings High-way hath from annoyance or molestation See Watling-street The Peace of the Plough whereby the Plough and Plough-Cattle are secured from Distresses for which see Fitz. Nat. Br. fol. 90. So Fairs may be said to have their Peace because no Man may in them be troubled for any Debt elswhere contracted Pectorel 14 Car. 2. cap. 3. Armor for the Brest a Brest-plate or Petrel from the Lat. Pectus a Brest Peculiar Fr. Peculier i. private proper ones own Is a particular Parish or Church that hath jurisdiction within it self for Probat of Wills c. exempt from the Ordinary and Bishops Courts The Kings Chappel is a Regal Peculiar exempt from all Spiritual Jurisdiction and reserved to the Visitation and immediate Government of the King himself who is supream Ordinary It is an ancient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong to it they forthwith become exempt from the Ordinary and are reputed Peculiars and of the Diocess of Canterbury Pecunia was anciently used for Cattle and sometime for other Goods as well as Money Interdicimus etiam ut nulla viva Pecunia vendantur aut emantur nisi infra civitates hoc ante tres fide les testes Emendat Wil. 1. ad Leges Edw. Confess Qui habuerit 30 denariatus vivae Pecuniae And in Domesday Pecunia is often used pro Pecude Pedage Pedagium Pedaticum Signifies Money given for the passing by Foot or Horse through any Countrey Pupilla Oculi parte 9. cap. 7. Pedagium a
a Hide of Land which vide Plurality Pluralitas Anno 21 Hen. 8. ca. 13. Morenesse or the having more then one most applyed to such Churchmen who have more Benefices then one Selden in his Titles of Honor fo 〈◊〉 mentions also Trialities and Quadralities Pluries Is a Writ that issues in the third place after two former Writs neglected or disobey'd For first goes out the Original Writ which if it speed not then the sicut alias and if that fail then the Pluries See Old Nat. Br. fo 33. in the Writ de Excom capiendo See in what diversity of cases it is used in the Table of the Reg. of Writs Pocket of Wool Is half a Sack 3 Inst fo 96. See Sack of Wool Pole See Perch Poledavies A kind of Canvas wherewith Sail-ware is made Anno 1 Jac. ca. 24. Polein Anno 4 Edw. 4. ca. 7. Was a sharp or picked top set in the fore-part of the Shoe or Boot This fashion was first taken up in the time of King William Rufus the Picks being made so long as they were tied up to the knees with silver or golden chains and forbidden by Ed. 4. Tunc fluxus crinium tunc luxus vestium tunc usus calceorum cum arcuatis aculeis inventus est Malms in Wil. 2. Policy of assurance Assecuratio Is a course taken by those who adventure Wares or Merchandise by Sea whereby they unwilling to hazard their whole adventure do give some other person a certain rate or proportion as 6 8 or 10 in the hundred or such like to secure the safe arrival of the Ship and so much Wares at the place agreed on So that if the Ship and Wares miscarry the Assurers or Insurers make good to the Venturer so much as they undertook to secure if the Ship arrive safely he gaines that clear which the Venturer agrees to Pay him And for the more certain dealing between them in this case there is a Clerk or Officer ordained to set down in Writing the effect of their agreement called Policy to prevent any difference that might afterwards happen between them This terme is mentioned Anno 〈◊〉 Eliz. ca. 12 and thereby allowed and established And 14 Car. 2. ca. 23. and is now many times used to Insure mens lives in Offices who have paid great summs of Money for the purchase thereof and are Insured from that adventure by a certain Company of Merchants or Citizens for three or four per Cent subscribing or under-writing the agreement Policy or Insurance who do among them share the Praemium or Money given by the Party Insured and run the hazard of it such Assurance or Polices being not seldom also used in other matters where loss or damage is feared Poll-money Capitatio Was a Tax or Imposition ordained by Stat. 18 Car. 2. ca. 1. and 19 ejusdem ca. 6. by the first of which every Subject in this Kingdom was assessed by the Head or Poll according to his degree As every Duke 100 l. Marquess 80 l c. Baronet 30 l. Knight 20 l. Esquire 10 l c. and every single person 12 d c. And that this is no new Tax appears by former Acts of Parliament where Quilibet tam coniugatus quam solutus utriusque sexus pro capite suo solvere cogebatur Parliam Anno 1380. Walsingham Ypod. 534. l. 37. There was anciently sayes Camden a personal tribute called Capitatio Pol-silver imposed upon the Poll or Person of every one of Women from the 12th of Men from the 14th year of their age In his Notes upon Coines Pollard Was a sort of Money heretofore currant in England which with Crocards are long since prohibited Math. Westm in Anno 1299. pa. 413. Pollards Crocards Staldings Eagles Leonines and Steepings were ancient Coines in England but now disused and forgotten 2 Inst fo 577. We also call those Trees Pollards or Pollengers which have been usually crop'd and therefore distinguish'd from Timber-Trees See Plowden fo 469. b. Polygamus Is he that is married to two or more Wives together or at the same time 3 Inst fo 88. Pone Is a Writ whereby a Cause depending in the County or other inferior Court is removed to the Common Bench. Old Nat. Br. fo 2. See the Table of the Reg. of Writs Pone per vadium Is a Writ commanding the Sheriff to take surety of one for his appearance at a day assigned Of this see five sorts in the Table of the Reg. Judic verbo Pone per Vadium Ponendis in Assists Is a Writ founded upon the Statute of Westm 2. ca. 38. and Articuli super Chartas ca. 9. which Statutes shew what persons Sheriffs ought to impanel upon Assizes and Juries and what not as also what number which see in Reg. of Writs fo 178. a. and Fitz. Nat. Br. fo 133. b. Ponendum in Balliam Is a Writ willing that a Prisoner be bailed in cases bailable Reg. of Writs fo 133. Ponendum sigillum ad exceptionem Is a Writ whereby the King willetn 〈◊〉 justices according to the Stat. of Westm 2. to put their Scals to Exceptions laid in by the Defendant against the Plaintiffs Declaration or against the Evidence verdict or other Proceedings before the Justices Pontage Pontagium Is a contribution towards the maintenance or reedifying of Bridges Westm 2. ca. 25. Anno 13 Ed. 1. It may also signifie Toll taken to this purpose of those that pass over Bridges Anno 1 Hen. 8. ca. 9. 22 Hen. 8. ca. 5. 39 Eliz. ca. 24. Per Pontagium clamat esse quiet de operibus pontium Plac. in Itin. apud Cestriam 14 Hen. 7. Pontibus reparandis Is a Writ directed to the Sheriff c. willing him to charge one or more to repair a Bridge to whom it belongs Reg. of Writs fo 153. b. Porca See Ridge of Land Porcary Porcaria A Swinesty Fleta Porter of the door of the Parliament-house Is a necessary Officer belonging to that high High Court and enjoys the priviledges accordingly Cromp. Iurisd fo 11. Porter in the Circuit of Justices Is an Officer that carries a Verge or white Rod before the Justices in Eyre so called a Portando virgum Anno 13 Edw. 1. ca. 41. See Vergers Port-greve Sax. Port-gerefe i. Portus vel urbis praefectus Port in the Saxon signifies the same with Civitas and gerefe or reve a Collector of the Rents as in divers Lordships at this day Is a chief Magistrate in certain Maritime Towns and as Camden sayes in his Britan. pa. 325. the chief Magistrate of London was so termed in stead of whom Richard the First ordained two Bailiffs but presently after him King John granted them a Mayor for their yearly Magistrate Carta Willielmi Conquestoris Civitat London WIlliam King Grete William Bishop and Godfrey Portgreve and all the Bnrgeis within London French and English And I graunt you that I will rhat ye be all your Law worth that ye were Edwardis dayes the King And I wyl that ich Child be his
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
Rege Niger lib. Scaccarii The Form of his Oath see in the Reg. of Writs fol. 331. b. Shirif-tooth Pèr Shiriftooth Johannes Stanley Ar. clamat habere de quolibet tenente infra feodum de Aldford unum denarium quadrantem per annum exceptis Dominicis terris propriis terrae in feodo Manerio praedicto Maner Hundred de Macclesfeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Shiréebe weke of Winchester and of Esser the compass or extent of a Sheriffs authority Anno 21 Rich. 2. cap. 10. 11. Sherifwikes Anno 13 Eliz. cap. 22. Shirifalty Anno 14 Car. 2. cap. 21. The time of ones being Sheriff Shire Clerk Seems to be the Under-Sheriff Anno 11 Hen. 7. cap. 15. Sometimes taken for a Clerk in the County Court Deputy to the Under-Sheriff See Cokes Rep. lib. 4. Mittons Case Shire-mote See Shire and Turn Shop Shopa Omnibus Johannes Horsenet de Hereford Bochour salutem Noveritis me praefatum Johannem dedisse c. Rogero Smyth de Bromeyard imam Shopam cum pertin suis in Bromeyard praedict scituat in le Market-place ibidem c. Dat. 27 Febr. 9 Edw. 4. See Selda Shorling and Morling Seem to be words to distinguish Fells of Sheep Shorling signifying the Fells after the Fleeces are shorn off the Sheeps back and Morling alias Mortling the Fells flean off after they die or are killed Anno 3 Edw. 4. cap. 1. and 4 Ejusdem cap. 3. Howbeit in some parts of England they understand by a Shorling a Sheep whose Fleece is shorn off and by a Mortling a Sheep that dies See Morling Sich Sichetum Sikettus A little Current of Water which is dry in the Summer Inter duos Sikettos quorum unus cadit inter Mon. Angl. 2 par fol. 426. b. Also a Water-Furrow or Gutter accordingly in Worcestershire I know a Moorish Ground called Blacksich Sicut alias Is a Writ sent out in the second place where the first was not executed Coke lib. 4. fol. 55. b. It is so called of these words expressed in it As Carolus Dei gratia c. Vicecomiti Heref. salutem Praecipimus tibi sicut alias praecipimus quod non omittas propter aliquam libertatem in Balliva tua quin eam ingrediaris capias A. B. de C. in Comitatu tuo gen c. Lambert in this Tract of Processes in the end of his Eiren. Sidemen alias Questmen Are those that are yearly chosen according to the Custom of every Parish to assist the Church-wardens in the Enquiry and presenting such offenders to the Ordinary as are punishable in the Court Christian Sigillum Notum sit omnibus Christianis quod ego Johannes de Gresley non habui potestatem Sigilli mei per unum annum integrum ultimo praeteritum jam notifico in bona memoria sana mente quod scripta Sigillo meo contradico denego in omnibus a tempore praedicto usque in diem restaurationis Sigilli praedicti In cujus rei testimonium Sigillum Decanatus de Repingdon apposui Testibus Domino Thoma Stafford Milite Johanne Arden c. Dat. apud Drakelew 18 Rich 2. See Seal and Tabellion Significabit Is a Writ which issues out of the Chancery upon a Certificat given by the Ordinary of a Man that stands obstinately excommunicate by the space of forty days for the laying him up in prison without Bail or Mainprise until he submit himself to the authority of the Church And it is so called because significavit is an emphatical word in the Writ There is also another Writ of this name in the Register of Writs fol. 7. a. directed to the Justices of the Bench willing them to stay any sute depending between such and such by reason of an Excommunication alleaged against the Plaintiff because the sentence of the Ordinary that did excommunicate him is appealed from and the Appeal yet depends undecided See Fitz. Nat. Br. De Excommunicato capiendo fol. 62. 66. A. where you may finde Writs of this name in other Cases Signet Signet Is one of the Kings Seals wherewith His Private Letters are sealed and is always in the Custody of the Kings Secretaries And there are four Clerks of the Signet Office attending them 2 Inst fol. 556. Silk-thrower or Throwster Anno 14 Car. 2. cap. 15. Is a Trade or Mystery that winds twists and spins or throws silk thereby fitting it for use who are incorporated by the said Act Wherein there is also mention of Silk-winders and Doublers which are Members of the same Trade Anno 20 Car. 2. cap. 6. Silva Cedua See Sylva Caedua Simnel Siminellus vel Symnellus Panis purior sic dictus quod a simila hoc est puriori farinae parte efficitur Panis similagineus Simnel-bread It is mentioned in Assisa Panis and is still in use especially in Lent Bread made into a Simnel shall weigh two shillings less then Wastel bread Stat. 51 H. 3. see Cocket Simony Simonia Venditio rei sacrae a Simone Mago dicta It was agreed by all the Justices Trin. 8. Jac. That if the Patron present any person to a Benefice with Cure for Mony That such Presentation c. is void though the Presentee were not privy to it and the Statute gives the presentation to the King Cokes 12 Rep. fo 74. Simony may be by compact betwixt strangers without the privity of the Incumbent or Patron Croke 1 Part fo 331. Bawderokes Case Hob. Rep. fo 165. Noys Rep. fo 22. Pascals Case 3 Inst fo 153. Simplex Carta simplex A Deed-Poll or single Deed Ricardus Mayhen de Sutton per Cartam simplicem huic indenturae indentatam dedit c. Dat. 22 Edw. 3. Sine assensu Capituli Is a Writ that lies where a Dean Bishop Prebendary Abbot Prior or Master of Hospital aliens the Land held in the right of his House without the consent of the Chapter Covent or Fraternity In which case his Successor shall have this Writ Fitz. Nat. Br. fo 195. Sine die i. Without day When Judgment is given against the Plaintiff he is said to be In misericordia pro falso clamore suo eat inde sine die i. He is dismissed the Court. Si non omnes Is a Writ of association whereby if all in Commission cannot meet at the day assign'd it is permitted that two or more of them may finish the business See Association and Fitz. Nat. Br. fo 185. 111 c. Si recognoscant Is a Writ that lies for a Creditor against his Debtor who has before the Sheriff in the County-Court acknowledged himself to owe his Creditor such a summ received of him in pecuniis numeratis The form of which Writ is this Rex vicecom salutem Praecip tibi quod si A. recognoscat se debere R. 40 solidos sine ulteriori dilatione tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum Teste c. Old Nat. Br. fo 68. Site or
Anno 〈◊〉 Ed 〈…〉 ca. 6. See Coke on Litt. fo 365. a. 383. b. Item utimur quod si aliquis puerorum nosirorum in aliquo casu Tenementa nostro tangenti vocatur ad Warrantizandum non tenetur Warrantizare nisi sit quatuordecim annorum MS. Codex de LL. 〈◊〉 Statutis Burgi-villae Mount-gomer a temp Hen. 2. There is also a Warant of Atturney whereby a man appoints another to do something in his Name and waranteth his Action which seems to differ from a Letter of Atturney which passeth ordinarily under the hand and Seal of him that makes it before any credible Witnesses whereas a Warant of Atturney in a personal and mixt Action and many real Actions is of course put in by the Attorneys for the Plaintiffs or Demandants Tenants or Defendants but a Warant of Attorney to suffer a Common recovery by the Tenant or Vouchee is acknowledged before such persons as a Commission for the doing thereof directeth West Par. 2. Symb. tit Recoveries Sect. 1. F. See Atturney and Letter of Atturney Ward Sax. Æ¿eard i. Vigilia item Custos Has divers applications as a Ward in London Latined Warda which is a portion of the City committed to the special charge of one of the twenty-four Aldermen c. See Stows Survey Secondly A Forest is divided into Wards Manwood par 1. pa. 97. Thirdly A Prison is also called a Ward Lastly The heir of the Kings Tenant holding by Knights-service or in Capite or of any common person by Knights-service was called a Ward during his nonage Anno 32 Hen. 8. ca. 46. But this last with the Court of Wards and all Wardships c. is taken away by the Stat. 12 Car. 2. ca. 24. Wards and Liveries Wardi liberatura Was a Court first erected in King Henry the Eighths time and afterwards augmented by Him with the Office of Liveries and therefore called by Him The Court of Wards and Liveries now taken away discharged by Stat. 12. Car. 2. ca. 24. Warrantia Chartae Is a Writ that lies properly for him who is enfeoffed in Lands or Tenements with Clause of Waranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to Waranty In which case his remedy is to take out this Writ against the Feoffor or his heir Reg. of Writs fo 157. Fitz. Nat. Br. fo 134. Fleta lib. 6. ca. 35. Warrantia diei Is a Writ lying in câ—se where a man having a day assigned personally to appear in Court to any Action wherein he is sued is in the mean time by Commandment employ'd in the Kings Service so that he cannot come at the day assign'd the Writ is directed to the Justices to this end that they neither take nor record him in defalt for that day Reg. of Writs fo 18. Fitz. Nat. Br fo 17. Glanvile lib. 1. ca. 8. Warrantia Custodiae Is a Writ judicial that lay for him who was challenged to be Ward to another in respect of Land said to be holden in Knights-service which when it was bought by the Wards Ancestors was Warranted to be free from such thraldome and it lay against the Warranter and his Heirs Reg. jud fo 36. But by the Statute 12 Car. 2. ca. 24. it is now become useless Wardage Wardagium Sed sint quieti de quolibet Theolonio Tallagio Passagio Pedagio Lastagio Hidagio Wardagio omnibus Geldis Fengeldis Horngeldis Forgeldis Penigeldis Tendpenigs Hunderpenigs Miskemelig Brenalpeninge Gritbbregs c. Carta Gilberti Tison summi Vexillatoris Angliae Sine Dat. It seems to be the same with Wardpeny which see Wardstaf Lambourn Mannor in Essex is held by Service of the Wardstaf viz. to carry a Load of Straw in a Cart with six Horses two Ropes two men in Harness to watch the said Wardstaf when it is brought to the Town of Aibridge c. Cam. tit Essex Wardfeoh or Wardfegh Sciant presentes futuri quod ego Henricus de la Morton dedi Rogero de Foresta Johannae uxori suae pro duodecim solidis sex denariis quae mihi dederunt prae manibus unam acram terrae meae de tribus selionibus c. Reddendo inde annuatim ad Festum Sancti Michaelis mihi heredibus meis unum denarium pro omni servitio herietto relevio warda regali servicio Wardfegh pro omnimoda secta Curiae meae heredum meorum assignatorum nostrorum pro omnibus consuetudinibus exactionibus c. Sinc dat It signify'd the value of a Ward or the money paid to the Lord for his redemption from Wardship Warden Gardianus Is all one with the Fr. Gardein and signifies him that has the keeping or charge of any person or thing by Office as Wardens of the Fellowships in London Anno 14 Hen. 8. ca. 2. Warden-Courts 31 Hen. 6. ca. 3. Warden of the Marches 4 Hen. 7. ca. 8. Wardens and Communalty of the lands contributory to Rochester-Bridge 18 Eliz. ca. 7. Wardens of Peace 2 Ed. 3. ca. 3. Stat. Northampton Warden of the West-Marches Cam. Brit. pa. 606. Warden of the Forest Manwood Par. 1. pa. 42. 111. Warden of the Aulnage 18 Hen. 6. ca. 16. Warden of the Kings Wardrobe 51 Hen 3. Stat. 5. Wardens of the Tables of the Kings Exchange 9 Edw. 3. Stat. 2. ca. 7. 9 Hen. 5. Stat. 2. ca. 4. Wardens of the Rolls of the Chancery 1 Ed. 4. ca. 1. 5. Warden or Clerk of the Hanaper of the Chancery ibidem Warden of the Kings Writs and Records of his Common Bench ibidem Warden of the Kings Armour in the Tower 1 Ed. 4. ca. 1. Warden of the House of Converts 12 Car. 2. ca. 30. Warden of the Stanneries 14 Car. 2. ca. 3. See Gardian Wardmote Wardemotus Is a Court kept in every Ward in London Anno 32 Hen. 8. ca. 17. ordinarily call'd among them the VVardmote Court vide Cart. Hen. 2. de libertatibus London where there are 26 VVards which are as Hundreds and the Parishes as Towns 4 Inst fo 249. Wardpeny alias Warpen Warthpeny Denarii vicecomiti vel aliis Castellanis persoluti ob castrorum praesidium vel excubias agendas Concedo etiam eidem Ecclesiae leugam circumquaque adjacentem liberam quietam ab omni geldo secto Hidagio danegeldo opere pontium Castellorum parcorum omnibus auxiliis placitis querelis siris Hundredis cum saca soca Thol Theam Infangtheof Warpeny Lestage Hamsocne forstal Blodwite c. Chart. Gul. Conq. Ecclesiae S. Martini de Bello Retinui vero mihi haeredibus meis Wartpeny Peterspeny de praedicta terra Carta Bertram de Verdon penes W. Dugdale Ar. Wardwite Significat quietantiam misericordiae in casu quo non invenerit quis hominem ad Wardam faciendam in castra vel alibi Fleta lib. 1. ca. 47. Immunitas a praesidiis faciendis vel ab eorum