Archbishop of Canterbury of equal authority with the Arches though inferior both in Dignity and Antiquity and is held in the Archbishops Palace Of which you may read more in a Book entituled De Antiquitate Ecclesiae Britannicae Historia and 4 Inst fol. 337. Audiendo terminando Is a Writ or rather a Commission directed to certain persons when any Insurrection or great Misdemeanor is committed in any place for the appeasing and punishment thereof of which you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer Audita querela Is a Writ that lies against him who having taken a Statute-Merchant or Recognisance in the nature of a Statute Staple or a Judgment or Recognisance of another and craving or having obtained execution of the same from the Major and Bailiffs before whom it was entred at the complaint of the party who entred the same upon suggestion of some just cause why Execution should not be granted as a Release or other Exception This Writ is granted by the Lord Chancelor of England upon view of the Exception suggested to the Judges of either Bench willing them to grant Summons to the Sheriff of the County where the Creditor is for his appearance at a certain day before them See more in Old Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102. Auditor Lat. Is an Officer of the King or some other great personage who yearly by examining the Accompts of all under Officers accomptable makes up a general Book which shews the difference between their Receipts or Charge and their Allowances commonly called Allocations As namely the Auditors of the Exchequer take the Accompts of those Receivers who receive the Revenues of the Augmentation as also of the Sheriffs Escheators Collectors and Customers Of which see the Statute 33 Hen. 8. c. 83. and 4 part Inst fol. 106. Auditor of the Prests or Imprests Are also Officers in the Exchequer who take and make up the great Accompts of Ireland Berwick the Mint and of any Money imprested to any Man for His Majesties service See Practise of the Exohequer p. 83. Auditor of the Receipts Is an Officer of the Exchequer who Files the Tellers Bills and makes an Entry of them and gives in every week to the Lord Treasurer a Certificate of the Money received He makes also Debentures to every Teller before they pay any Money and takes their Accompts See 4 part Inst fol. 107. Aventure rectiùs adventure Is a mischance causing the death of a Man without Felony as when he is suddenly drowned or burnt by any disease or mischance falling into the Water or Fire Britton cap. 7. where you may read how it differs from Misadventure which see Avenage Fr. A certain quantity of Oats paid to a Land-lord in lieu of some other duties or as a Rent from the Tenant Avenor from the Fr. avene i. Oats Is an Officer of the Kings who provides Oats for his Stable and is mentioned Anno 13 Car. 2. cap. 8. Avera quasi overa à Gal. ouvre ouvrage velut operagium In Doomsday Grentbrigsh Rex Fordham sed tamen semper inveniat Averam vel 8 d. in Servicio Regis That is a days work of a Ploughman or 8 d. 4 Inst fol. 269. Average averagium from Averia i. Cattle Signifies Service which the Tenant ows the King or other Lord by Horse or Ox or by Carriage with either For in ancient Charters of Priviledges we finde Quietum esse de Averagiis Others probably derive it from the French euvrage or euvre i. opus It hath two significations First Rastal mentions the Kings Averages which I take to be the Kings carriage by Horse or Cart. Then Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others do proportionably make towards their losses who have their Goods cast into the Sea for the safeguard of the Ship or of the Goods and Lives of them in the Ship in time of a Tempest And this contribution seems to be so called because it is proportioned after the rate of every Mans Average or Goods carried In this last sence it is also used in the Statute 14 Car. 2. cap. 27. Average Is also a little duty which those Merchants who send Goods in another Mans Ship do pay to the Master of it for his care of them over and above the Freight for in Bills of Lading it is expressed Paying so much Freight for the said Goods with Frimage and Average accustomed Averiis captis in Withernam Is a Writ for taking Cattle to his use who hath his Cattle unlawfully taken by another and driven out of the County where they were taken that they cannot be Replevied Reg. of Writs fol. 82. When mention is made of one Beast we say Quidam equus vel quidam bos when of two or more we do not say Equi or boves but tot averia Averment verificatio From the Fr. Averer i. verificare testari Signifies commonly an offer of the Defendant to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action and it signifies the Act as well as the offer of justifying the Exception For Anno 34 Edw. 1. Stat. 2. The Demaâ—â—ant will offer to aver by the Assise or Jury c. In the English Nat. Br. fol. 57. These Errors shall be tryed by Averment c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment to say that c. Averment is twofold viz. general and particular a general Averment which is the conclusion of every Plea to the Writ or in Bar of Replications and other Pleadings for Counts or Avowries in nature of Counts need not be averred containing matter Affirmative ought to be averred with an hoc paratus est verificare c. Particular Averment is when the life of Tenant for Life or Tenant in Tail is averred c. And an Averment contains as well the matter as the Form thereof Coke on Littl. fol. 362. b. Averpeny quasi average-peny Is Money contributed towards the Kings averages or Money given to be freed thereof Rastals Exposition of words Averpeny hoc est quietum esse de diversis Denariis pro averagiis Domini Regis Augmentation augmentatio Was the name of a Court erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament to this end that the King might be justly dealt with touching the profit of such Religious Houses and their Lands as were given him by Act of Parliament the same year not Printed For dissolving which Court there was authority given Queen Mary by the Parliament held the first of Her Reign Sess 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent The Court took name from this That the Revenue of the Crown was thought to be much augmented by the suppression of the said Houses many of which the King reserved to the Crown Avisage See Avago
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
Wil. Dugdale Arm. And in another Deed xx Acras terrae Marlatas Marled Lands Marque from the Sax. Mearc i. Signum Signifies in our ancient Statutes as much as Reprisals as Anno 4 Hen. 5. cap. 7. Marques and Reprisals are used as Synonima and Letters of Marque in the same signification See Reprisals Marquis or Marquess Marchio qui regionis limitem incolit Is a Title of Honor next before an Earl and next after a Duke Marchiones Walliae viz. Rogerus de Mortuo-mari Jacobus de Audeley Rogerius de Clifford Rogerius de Leyburn Hamo Extraneus ille de Turbervilla cum pluribus aliis qui de bello praedicto de Lewes nuper fugerunt c. Mat. Westm in Anno 1264. pag. 225. Marshal See Mareshal Martial Law Is the Law that depends upon the just and arbitrary power and pleasure of the King or His Lieutenant in time of Wars For though the King does not in time of Peace make any Laws but by consent of the Three Estates in Parliament yet in Wars by reason of the great dangers rising from small occasions he useth absolute power in so much as His word goes for Law Smith de Repub. Angl. lib. 2. cap. 3. See Law of Arms. Mast Glans Pessona Glandis nomine continentur glans castanea faginr ficus nuces alia quaeque quae edi pasci poterunt praeter herbam Bracton lib. 4. 226. See Pessona Master of the Rolls Magister Rotulorum Is an assistant to the Lord Chancellor of England in the High Court of Chancery and in his absence heareth Causes there and gives Orders Crompt Jur. fol. 41. His title in his Patent is Clericus parvae bagae Custos Rotulorum as also Domus Conversorum Because the place where the Rolls of Chancery are now kept was anciently the House for Habitation of those Jews who were converted to Christianity But his Office hath that title from the safe keeping of the Rolls of all Patents and Grants that pass the Great Seal and of all Records of the Court of Chancery c. He is called Clerk of the Rolls Anno 12 Rich. 2. cap. 2. And in Fortescu cap. 24. And no where Master of the Rolls until 11 Hen. 7. cap. 20. And yet cap. 25. Ejusdem he is also called Clerk In which respect Sir Tho. Smith lib. 2. cap. 10. says He may not unfitly be called Custos Archivorum He hath the bestowing of the Offices of the Six Clerks the Clerks of the Pettibag Examiners of the Court and the Clerks of the Chappel Anno 14 15 Hen. 8. cap. 1. See Roll. Master of the Mint Anno 2 Hen. 6. cap. 14. Is now called the Warden of the Mint whose Office is to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to his Function Master of the Court of Wards and Liberies Was the cheif Officer of that Court named and assigned by the King to whose custody the Seal of the Court was committed c. Anno 33 Hen. 8. cap. 33. But this Court with the Officers and Appurtenances thereof is abolished by 12 Car. 2. cap. 24. Master of the Horse Is he that hath the Rule and Charge of the Kings Stable being an Office of high account and always bestowed upon some Nobleman of great merit and is mentioned Anno 39 Eliz. cap. 7. and 1 Edw 6. cap. 5. This Officer under the Emperors of Rome was called Comes sacri Stabuli Master of the Posts Was an Officer of the Kings Court who had the appointing placing and displacing of all such thorough England as provided Post-horses for the speedy passing of the Kings Messages Letters Pacquets and other business and is mentioned Anno 2 Edw. 6. cap. 3. But now by Statute 12 Car. 2. cap. 34. One General Letter Office or Post Office is setled in London the Master of which Office is appointed by the King by Letters Patent with Rates and Rules prescribed in the said Act for carrying Subjects Letters Master of the Armory Is he that hath the care and over-sight of His Majesties Armor and mentioned 39 Eliz. cap. 7. Master of the Jewel House Is an Officer in the Kings Houshold of great credit having charge of all Plate used for the King or Queens Table or any great Officer in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Anno 39 Eliz. cap. 7. Master of the Kings Houshold Magister Hospitii Regis Is otherwise called Grand Master of the Kings Houshold and is called Lord Steward of the Kings most Honorable Houshold Anno 32 Hen. 8. cap. 39. But Primo Mariae and ever since he is called Lord Steward of the Kings Houshold under whom there is a Principal Officer of the Houshold called the Master of the Houshold of great Authority as well as Antiquity Master of the Ordnance Anno 39 Eliz. cap. 7. Is a great Officer to whose care all the Kings Ordnance and Artillery is committed Masters of the Chancery Magistri Cancellariae Are assistants in the Chancery to the Lord Chancellor or Lord Keeper and Master of the Rolls Of these there are some Ordinary and some Extraordinary of Ordinary there are twelve whereof the Master of the Rolls is accompted one whereof some sit in Court every day throughout each Term and have referred to them at the Lord Chancellors or Master of the Rolls discretion the Interlocutory Reports for stating Accompts computing damages and the like taking of Oaths Affidavits and Acknowledgments of Deeds and Recognisances The Extraordinary do act in all the Countrey Ten Miles from London by taking Recognisances and Affidavits Acknowledgments of Deeds c. for the case of the Subject Master of the Kings Musters Is a Martial Officer in all Royal Armies most necessary as well for the maintaining the Forces compleat wel-armed and trained as also for prevention of such Frauds as otherwise may exceedingly waste the Princes Treasure and extreamly weaken the Forces c. mentioned 2 Edw. 6. cap. 2. And Muster-Master-General Anno 35 Eliz. cap. 4. Master of the Wardrobe Magister Garderobae Is a great Officer in Court having his habitation belonging to that Office called the Wardrobe near Puddle-Wharf in London He has the charge and custody of all former Kings and Queens ancient Robes remaining in the Tower and all Hangings Bedding c. for the Kings Houses He has also the charge and delivery out of all Velvet or Scarlet allowed for Liveries c. Of this Officer mention is made Anno 39 Eliz. ca. 7. Masura terrae Sunt in eisdem masuris 60 Domus plus quam ante fuerunt Domesday In Fr. Masure de terre is a quantity of ground containing about four Oxgangs Matter in Deed and matter of Record Differ thus according to Old Nat. Br. fo 19. The first seems to be nothing else but some truth or matter of Fact to be proved though not by
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
diverted to this kind of search these thirty years as my Glossographia will in some measure witness For whil'st my Contemporaries studied the Law it self and gain'd Riches I was hunting after the difficult and uncuth Terms of it and got nothing but my own satisfaction Nor can I otherwise judge but a Noâ—o lexicon may be as necessary and useful in our Law-Common-wealth even from the Coif to the puny-Clerk as a Lexicon Juridicum among the Civilians or Lexicon-Medicum with the Physitians since I am by this time perswaded that no Law or Science has more abstruse Terms then ours Now that I may in some measure prevent the Readers suspition that my abilities are not commensurate with so great an Undertaking I 'le tell him freely I have in this Meadow made little hay with my own fork but in the more common words have made use of Cowel Lambert Crompton West Terms of the Law Skene c. yet seldom without Corrections Contractions or Additions In the Supplementals Bracton Britton Flâ—ta Spolman Camden Cake our several Reporters and divers other Authors have been my Guides And in such Words wherein Printed Books afforded me no light I have consulted Records Charâ—ers ancient Manuscripts and some of the best Antiquaries of these times from whom I received both encouragement and assistance To many Words I have added their Etymologies where I found them apposite encouraged thereto by the opinion of a Learned Judge Etymologies if they be rightly us'd and drawn from the final cause or from the Effect do not onely yield an Argument of good consequence but also afford much illustration and delight I have briefly inserted all the old Writs out of the Registers though many of them are worn out of use and have not omitted even the Mechanick Words mentioned in our Statutes since there may be use of such knowledge in Pleadings And Lawyers as Cowel well observes professing true Philosophy should not be ignorant of such nor even of Trees from the Cedar of Lebanon to the Hysop that springs out of the Wall Though to gratify the young Student I have inserted some Words which will seem very common to the more Learned yet I have rejected divers I found in Cowel as too mean and indeed not at all deserving an explication such are Groome Sluce Copie Revels Toile VVedding Baubels c. And the names of our common Drugs and Spices mentioned in the Statute of 1 Jac. Besides the general design of this Dictionary in explaining the difficult Law-terms both ancient and modern I conceive the Student may make a further use of it as a Repertory or Common-place Since many Statutes Law-books Charters and Records are cited or referr'd to in most words For I have heard the learned Lord Keeper Littleton made use of Cowels Interpreter for the like service If I have sometimes committed a Jeofaile or hunted Counter in any explication or Etymology in so large a field of words and stor'd with such variety of Game it will be no wonder and I hope will draw no censure upon me from the Ingenuous Quis enim mortalium in argumento tam vario immenso tam nodoso rigido caliginoso alias non erret alias non caecutiat Besides the learned Spelman sometimes concludes a Word with a fateor me ignorare and even Sir Edward Coke has err'd pardon the boldness of that word at least in Etymons as in Atin Hotchpot Panel Heriot Domicellus c. Therefore if I leave some words with a Quaere or a Fortasse to be resolved or corrected by the more learned it is but what Cowel frequently and Spelman has sometimes done Facile est recolere laboriosum condere Advertisements TO the end the Reader may readily know the Series of our Kings from the Conquest and for the most part in what Kings Reign a Charter without Date is made by His Title and again in what Year of our Lord every King Reigned and how long I have prefix'd a Necessary Table to that purpose Such also of the Saxon Characters as are different from the Common since through the want of some knowledge in that Language Authors have committed many Errors The word Gersuma being by some miswritten Gressume by others Grossome and by some Gressame Grithbreche occurs in some Gethbreche Grithbrich Greatbreach Grichbreach and Greachbreach So for Æ¿ere Æ¿ite Were Wite we meet with Pere Pite and the like of divers other words Before the Conquest Charters were usually dated sometimes by Olympiads sometimes by Calends Nones Ides but most frequently by the year of our Lord. After the Conquest Dates were commonly omitted especially in the Deeds of Subjects till King Edward the Second and Edward the Thirds dayes and thenceforth the year of the Kings Reign or that of our Lord was constantly inserted So that Deeds made since the Conquest and found without date may be presumed to be in time before those Kings Reigns Witnesses names were added in the body of the Deed and with the same Hand the Deed was written till and in King Henry the Eighths time but now changed into Endorsements where the Witnesses subscribe their own Names Additions to persons Names in publick Writings and Pleadings were very rarely used till the Statute of 1 Hen. 5. In my Progress where any ancient Charters or Records were judged to be extraordinary either for matter or form I have transcribed them at large but the generality are abridg'd to avoid prolixity One onely Seal of King Edward the Fourth as he was Earl of March I was induced as well for the rarity as preservation of it to exhibit in Sculpture though without the limits of my Province I need not Apologize the Latin where it occurs since both in ancient as well as the modern times our Law-pleadings Charters and Records were alwayes expressed forensi latinitate which is acknowlodged not to be of the purer sort And ae Dipthongs of old seldome used though I have mostly supply'd them To some Words I have added the variae lectiones I met with as Churchesset Flemenefyrinthe Lairwite Scavage c. To others the Etymons which sometimes proved the more difficult in that divers of our Law-Terms of birth since the Conquest are voces hybridae mungrel words one part Saxon the other French or Latin not without a mixture sometimes of British and other Languages The Records and Charters I cite were for the most part copied from the Originals some from printed Books of unquestionable Authority others from the Collections and Manuscripts of faithful and industrious lovers of Antiquity The SAXON CHARACTERS which differ from the VULGAR d f g h M r s t Æ¿ þ d f g h M r s t w th A Titular and Chronological TABLE of our KINGS and QUEENS from the Conquest to the present 1670. Kings NAMES and Titles Began their Reigns Reigned Ye Mo Da. Since they Reigned 1 WIlhelmus Rex Wilhelmus Rex Anglorum Wilhelmus Rex Anglorum Princeps
hac prâ—senti Carta nostra confirmasse Baronibus nostris de Civitate nostra London quod elegant sibi Mayer de seipsis singulis annis c. See Spelmans Gloss at large upon this word Baronet Baronettus Is a dignity or degree of Honor which hath precedency before all Banerets Knights of the Bath and Knights-Batchelors except such Banerets as are made Sub vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter prâ—sente This Order of Baronets King James created in the year 1611. with such precedency as abovesaid and other priviledges c. as may appear in Rot. Fat 10 Jac. part 10. m. 8. 14 Jac. par 2. m. 24. with an Habendum sibi Haeredibus masculis c. See Baneret Where Baronets are mentioned in our old Statutes and ancient Authors it is mistaken for Banerets 2 Inst fol. 667. And Seldens Titles of Honor fol. 736. Barony Baronia Is the Dignity Territory and Fee of a Baron under which notion are comprehended not onely the Fees and Lands of Temporal Barons but of Bishops also who have two estates one as they are Spiritual Men by reason of their Spiritual Revenues and Promotions as was the Tribe of Levi among the Israelites The other grew from the bounty of our English Kings whereby they have Baronies and Lands so called and are thereby Barons or Lords of Parliament This Barony as Bracton says Lib. 2. cap. 34. Is a right indivisible and therefore if an Inheritance be to be divided among Coparceners though some capital Messuages may be divided yet Si capitale Messuagium sit caput Comitatus vel caput Baroniae they may not be parcelled The reason is Ne sic caput per plures particulas dividatur plura jura Comitatuum Baroniarium deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum The Mannor of Burford in the County of Salop was found by Inquisition capt 40 Edw. 3. Teneri de Rege ad inveniâ—ndos 5 homines pro Exâ—rcitu Walliae per servitium Baroniae and the Lord thereof Sir Gilbert Cornwal is called Baron of Burford but is no Baron of Parliament Barrator or Barater Fr. Barateur i a Deceiver Is a common mover or maintainer of Suits Quarrels or Parts either in Courts or elswhere in the Country and is himself never quiet but at variance with one or other Qui cum Terentiano Davo omnia perturbat To this purpose read Lamb. Eiren. pag. 342. who says also That Barrettor for so he writes it may come from the Latin Baratro or Balatro a vile Knave or 〈…〉 hrift and by a Metaphor a Spot in a Commonwealth See the Statute of Champerty 33 Edw. 1. Stat. 2. and Westm 1. cap. 32. Skene in the word Barratry says That Barrators are Symonists so called of the Italian word Barrataria signifying Corruption or Bribery in a Judge giving a false sentence for Money whom you may read more at large as also Hortensius Cavalcanus in his Tract de Brachio Regio parte 5. num 66. Barraster Barrasterius Repagularis Causidicus See Utter-Barraster Barre Fr. Barriere or Barre Signifies legally a destruction for ever or taking away for a time the action of him that hath right and it is called a Plea in Bar when such a Bar is pleaded Coke on Littl. fol. 372. Plowden in Colthirsts Case fol. 26 28. And Brook tit Barre num 101. and 5 Hen. 7. fol. 29. This word is also used for a Material Bar as the place where Serjeants at Law or Counsellors stand to plead Causes in Court or Prisoners to answer their Indictments whence our Lawyers who are called to the Bar or Licensed to plead in other Countreys called Licenciati are termed Barrasters 24 Hen. 8. cap. 24. See Blank-bar Bar Fee Is a Fee of xx d which every Prisoner acquitted of Felony pays to the Goaler Crompt Just of Peace fol. 158. Barrel Is a Measure of Wine Oyl c. containing the eighth part of a Tun the â—ourth of a Pipe and the moyety of a Hogshead that is Thirty one Gallons and a half Anno 1 Rich. 3. cap. 13. But the quantity of this Vessel seems to differ according to the Liquor for a Barrel of Beer contains Thirty six Gallons the Kilderkin Eighteen and the Firkin Nine A Barrel of Ale Thirty two Gallons the Kilderkin Sixteen and the Firkin Eight Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23. The said Assise of 32 Gallons of Wine-measure which is about 28 Gallons of old Standard well packed and containing in every Barrel usually a thousand full Herrings at least is and shall be taken for good true and lawful Assise of â—erring Barrels Anno 13 Eliz. cap. 11. Barriers Fr. Barrieres Signifies with us that which the French call Jeu de Barres i. Palaestram A Martial Exercise of Men armed and sighting together with short Swords within certain Bars or Rails whereby they are severed from the Beholders now disused Barter from the Span. Baratar i. To sell cheap or to deceive or cheat in Bargaining Signifies with us to exchange one commodity for another to truck Wares for Wares Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner do endeavor for the most part one to over-reach or deceive the other See Barrator Barton In Devonshire and the West of England Is used for the Demesn Lands of a Mannor for the Mannor-house it self and in some places for Out-houses and Fold-yards In the Statute 2 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synonima's See Berton Base Court Fr. Cour Basse Is any Coâ—rt not of Record as the Court Baron Of this read Kitchin fol. 95 96 c. Base Fee See Base Estate Base Estate Fr. Bas Estat Signifies that Estate which Base Tenants have in their Lands Base Tenants are those according to Lamb. verbo Paganus who perform inferior Villanous service to their Lords Kitchin fol. 41. makes Base-tenure and Frank-tenure to be contraries and puts Copiholders in the number of Base Tenants whence it may be gathered that every Base Tenant holds at the will of the Lord yet that there is a difference between a Base Estate and Villenage which Fitzherbert in his Nat. Br. fol. 12. seems to confound For to hold in pure Villenage is to do all that the Lord will command him So that if a Copiholder have but Base Estate he not holding by the performance of every Commandment oâ— his Lord cannot be said to hold in Villenage Whether it may be said That Copiholders are by custom and continuance of time grown out of that extream servitude wherein they were first created I leave to others of better Judgment since Fitâ—â— loco â—itato says Tenure by Copy is but of late time Basels Baselli A sort of Coyn alâ—olished
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
Sylvestres Are the Hart Hind Hare Bore and Woolf. Manwood part 2. cap. 4. num 1. Beasts and Fowls of Warren Are the Hare Coney Pheasant and Partridge Manw. part 2. cap. 4. num 3. Beastials See Bestials Beau-pleader Fr. Beau-plaider i. To plead fairly Is a Writ upon the Statute of Marlbridge 52 Hen. 3. cap. 11. whereby it is provided That neither in the Circuit of Justices nor in Counties Hundreds nor Courts Baron any Fines shall be taken of any Man for Fair pleading that is for not pleading fairly or aptly to the purpose upon which Statute This Writ was ordained against those that violate the Law herein See Fitz. Nat. Br. fol. 270. whose Definition is to this effect The Writ upon the Statute of Marlbridge for not Fair Pleading lies where the Sheriff or other Bailiff in his Court takes Fine of the Party Plaintiff or Defendant for that he pleads not fairly c. And it was as well in respect of the Vicious Pleading as of the Fair Pleading by way of amendment 2 Part. Inst fol. 122. Bedel Bedellus Sax. bydel A Cryer or Messenger of a Court the Keeper of a Prison or House of Correction an under Bailiff of a Mannor Manwood par 1. fol. 221. says A Beadle is an Officer or Servant of the Forest who makes all manner of Garnishments of the Courts of the Forest and all Proclamations as well within the Courts as without and executes all the processes of the Forest he is like a Bailiff Errant of a Sheriff in a County Edgarus interdicit omnibus ministris suis id est Vicecomitibus Bedellis Balivis in Patria Girvirorum Ne introeant fines limites dicti Marisci Ingulphus Hist Croyl Bedelary Is the same to a Bedâ—l as Bailiwick to a Bailiff Littl. lib. 3. cap. 5. Bederepe alias Bidrepe Sax. Is a service which some Tenants were anciently bound to perform viz. To repe their Land-lords Corn at Harvest as some yet are tied to give them one two or three days work when they are called Debent venire in Antumpno ad precariam quae vocatur a le Bederepe Pla. in Crast Pur. 10 Hen. 3. Rot. 8. Benefice beneficium Is generally taken for any Ecclesiastical Living or Promotion be it Dignity or other As Anno 13 Rich. 2. Stat. 2. cap. 2. where Benefices are divided into Elective and Donative So is it used in the Canon Law Duarenus de Beneficiis l. 2. cap. 3. Beneficio primo Ecclesiastico habendo Is a Writ directed from the King to the Chancellor to bestow the Benefice that shall first fall in the Kings gift above or under such a value upon this or that Man Reg. of Writs fol. 307. b. Benerth Was a Service which the Tenant rendred to his Lord with his Plough and Cart. Lamb. Itin. pag. 212. and Coke on Littl. fol. 86. a. Benevolence Benevolentia favor good will Is used both in the Chronicles and Statutes of this Realm for a voluntary gratuity given by the Subjects to the King Stows Annals pag. 701. By the Statute of 1 Rich. 3. cap. 2. it is called a New Imposition But Stow pag. 791. saith That the invention grew from Edward the Fourths days you may finde it also Anno 11 Hen. 7. cap. 10. to be yielded to that worthy Prince in regard of his great expences in Wars and otherwise See Cokes 12 Rep. fol. 119 120. It is in other Nations called Subsidium charitativum given sometimes to Lords of the Fee by their Tenants sometimes to Bishops by their Clergy Cassan de consuet Burg. pag. 134 136. By Act of Parliament 13 Car. 2. cap. 4. it was also given to His Majesty that now is King Charles the Second Bercaria from the Fr. Bergerie A Sheep-coat or Sheepfold In Doomsday it is called Berquarium 2 Part. Cokes Inst fol. 476. Dedi sexaginta acras terrae ad unam Bercariam faciendam Mon. Angl. 2. p. fol. 599. a. where it seems to signifie a Sheep-walk Berghmayster from the Sax. berg Mons quasi Master of the Mountain A Bailiff or cheif Officer among our Derbishire Miners who among other parts of his Office does also execute that of Coroner among them Juratores dicunt quod in principio quando Mineratores veniunt in campum minera quaerentes inventa minera venient ad Balivum qui dicitur Berghmayster petent ab eo duas Metas si sit in novo campo habebunt unam scil pro inventione aliam de jure Mineratorum unaquaeque meta continet quatuor Perticatas ad foveam suam septem pedes unaquaeque Perâ—â—cata â—rit de 24 pedibus c. Esâ— de Anno 16 Edw. 1. num 34. In Turr. Lond. See Berghmoth Bergmoth or Berghmote Juratores dicunt etiam quod Placita del Bergmoth debent teneri de tribus septimanis in tres septimanas super mineram in Pecco Esâ— 16 Edw. 1. ut supra This Bergmoth or Berghmote comes from the Saxon berg i. Mons and mote or gemote conventus Quasi the Court held upon a Hill for deciding Pleas and Controversies among the Derbishire Miners of which thus Mr. Manlove in his ingenious Treatise of their Customs And Sute for Oar must be in Berghmote Court Thither for Justice Miners must resort If they such Sutes in other Courts commence They lose their due Oar-debt for such offence And must pay Costs because they did proceed Against their Custom Miners all take heed No Man may sell his Grove that 's in contest Till Sute be ended after the Arrest The Sellers Grove is lost by such offence The Buyer fined for such Maintenance And two great Courts of Berghmote ought to be In every year upon the Minery To punish Miners that transgress the Law To curb Offenders and to keep in aw Such as be Cavers or do rob Mens Coes Such as be Pilferers or do steal Mens Stows To order Grovers make them pay their part Joyn with their Fellows or their Groves desert To fine such Miners as Mens Groves abuse And such as Orders to observe refuse Or work their Meers beyond their length and Stake Or otherwise abuse the Mine and Rake Or set their Stows upon their Neighbors Ground Against the Custom or exceed their Bound Or Purchasers that Miners from their way To their Wash-troughs do either stop or stay Or dig or delve in any Mans Bing-place Or do his Stows throw off break or deface To fine Offenders that do break the Peace Or shed Mans Blood or any Tumults raise Or Weapons bear upon the Mine or Rake Or that Possession forcibly do take Or that disturb the Court the Court may fine For their Contempts by Custom of the Mine And likewise such as dispossessed be And yet set Stows against Authority Or open leave their Shafts or Groves or Holes By which Men lose their Cattle Sheep or Soles And to lay Pains that grievance be redress'd To case the Burdens of Poor-men oppress'd To swear
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. paâ—d to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
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
revoked When a Parson is made Bishop there is a Cession of his Benefice by the Promotion but if the King gives him power to retain his Benefice he shall continue Parson and is said to hold it in Commendam Hob. Rep. fol. 144. Latches Rep. fol. 236 237. See Ecclesia commendata in Gloss x. Scriptor Comminalty Fr. Communauté Includes all the Kings Subjects So in Art super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre signifies all the People of England 2 Inst fol 539. Commissary Commissarius Is a Title of Ecclesiastical Jurisdiction appertaining to such a one as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City as the Chancellor cannot call the Subjects to the Bishops Principal Consistory without their too great molestation This Commissary is by the Canonists called Commissarius or Officialis foraneus Lyndwoods Provin cap. 1. And is ordained to this special end that he supply the Bishops Jurisdiction and Office in the out places of the Diocess or else in such Parishes as are peculiar to the Bishop and exempted from the Jurisdiction of the Arch-deacon For where either by Prescription or Composition Arch-deacons have Jurisdiction within their Arch-deaconries as in most places they have this Commissary is but superfluous and oft-times vexations to the people Therefore the Bishop taking Prestation Money of his Arch-Deacons yearly Pro exteriori Jurisdictione as it is ordinarily called does by super-onerating their circuit with a Commissary not onely wrong Arch-deacons but the poorer sort of Subjects much more Cowel and see 4 Inst fol. 338. Commission Commissio Is with us as much as delegatio with the Civilians and is taken for the Warrant or Letters Patent which all Men exercising Jurisdiction either ordinary or extraordinary have to authorise them to hear or determine any cause or action Of these see divers in the Table of the Reg. of Writs and see Broke tit Commission yet this word is sometimes extended farther then to Matters of Judgment as the Commission of Purveyors or Takers Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute for taking away Purveyance Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament 17 Car. 1. cap. 11. and that again explained by another Act 13 Car. 2. cap. 12. Commission of Association mentioned 18 Eliz. cap. 9. Is a Commission under the Great Seal to associate two or more learned persons with the several Justices in the several Circuits and Counties in Wales Commission of Anticipation Was a Commission under the Great Seal to collect a Subsidy before the day Anno 15 Hen 8. Cokes 12 Rep. fol. 120. Comission of Rebellion Commissio Rebellionis Is otherwise called a Writ of Rebellion and Issues when a Man after Proclamation issued out of the Chancery and made by the Sheriff to present himself under pain of his allegiance to the Court by a certain day appears not And this Commission is directed by way of command to certain persons three two or one of them to apprehend or cause to be apprehended the party as a Rebel or contemner of the Kings Laws wheresoever they finde him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned The Form of it you have in West Tract Touching proceedings in Chancery Sect. 24. Commissioner Commissionarius Is he that hath Commission as Letters Patent or other lawful Warrant to execute any Publick Office as Commissioners of the Office of Licences of Alienation West Part. 2. Symb. Tit. Fines Sect. 106. Commissioners in Eyr Anno 3 Edw. 7. cap 26. With many such like Committée Is he or they to whom the consideration or ordering of any matter is referred either by some Court or Consent of Parties to whom it belongs As in Parliament a Bill being read is either consented to and passed or denied or neither but referred to the consideration of some certain persons appointed by the House farther to examine it who thereupon are called a Committee Committee of the King West pa. 2. Symb. tit Chancery Sect. 144. This word seems to be strangely used in Kitchin fol. 160. where the Widdow of the Kings Tenant being dead is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Commoigne Fr. A Fellow-Monk that lives in the same Convent 3 Part. Instit fol. 15. Common Commune i. quod ad omnes pertinet Signifies that Soil or Water whereof the use is common to this or that Town or Lordship as Common of Pasture Commune Pasturae Bracton lib. 4. cap. 19. 40. Commun of Fishing Commune Piscariae Idem lib. 2. cap. 34. Common of Turbary Commune Turbariae i. Of digging Turves Idem lib. 4. cap. 41. Common of Estovers Commune Estoveriorum Kitchin fol. 94 c. Common is divided into Common in Gross Common Appendant Common Apportenant and Common per cause de Vicinage i. By reason of Neighborhood Common in Gross Is a liberty to have Common alone that is without any Land or Tement in another Mans Land to himself for life or to him and his heirs and it is commonly passed by Deed of Grant or Specialty Old Nat. Br. fol. 31. 37. Common Appendant and Common Appurtenant are in a manner confounded as appears by Fitz. Nat. Br. fol. 180. And are defined to be a Liberty of Common Appurtaining to or Depending on such or such a Freehold which Common must be taken with Beasts Commonable as Horses Oxen Kine and Sheep being accounted fittest for the Ploughman and not of Goats Geese and Hogs But some make this difference That Common Appurtenant may be severed from the Land whereto it pertains but not Common Appendant which according to Sir Edw. Coke lib. 4. fol. 37. had this beginning When a Lord enfeoffed another in Arabic Lands to hold of him in Soccage the Feoffce to maintain the service of his Plough had at first by the Curtesie or Permission of the Lord Common in the Wastes of his Lord for his necessary Beasts to ear and compost his Land and that for two Causes one for that as then it was taken it was tacitly implied in the Feoffment by reason the Feoffee could not Till nor Compost his Land without Cattle and Cattle could not be sustained without Pasture and so by consequence the Feoffee had as a thing necessary and incident Common in the Wastes and Land of the Lord. And this appears by the ancient Books Temp. Ed. 1. tit Common 24. and 17 Edw. 2. tit Common 23. and 20 Edw. 3. tit Admeasurement 8. and by the rehearsal of the Statute of Merton cap. 4. The second reason was for maintenance and advancement of Tillage which is much regarded and favored by the Law Common per cause de Vicinage i. Common by reason of Neighborhood Is
or Grant either in writing or without writing As if I enfeoff a Man in Lands reserving a Rent to be paid at such a Feast upon Condition if the Feoffee fail of payment at the day then it shall be lawful for me to re-enter Condition Implied which is called a Condition in Law Is when a Man Grants to another the Office of Keeper of a Park Steward Bailiff or the like for Life though there be no Condition at all expressed in the Grant yet the Law makes one covertly which is if the Grantee does not justly execute all things pertaining to his Office by himself or his sufficient Deputy it shall be lawful for the Grantor to enter and discharge him of his Office See Littleton lib. 3. cap. 5. Cone and Key Bracton lib. 2. cap. 37. num 3. Foemina in tali atate i. 14 15 Annorum potest disponere Domui suae habere Cone Key Colne in the Saxon signifies Calculus computus and Key clavis So that a Woman was then held to be of competent years when she was able to keep the Accounts and Keys of the House and Glanv lib. 7. cap. 9. hath somewhat to the same purpose Confederacy Confederatio Is when two or more confederate or combine themselves to do any damage to another or to commit any unlawful act And though a Writ of Conspiracy does not lie if the party be not indited and in lawful manner acquitted for so are the words of the Writ yet false confederacy between divers persons shall be punished though nothing be put in execution which appears by the Book of 27 Assis Placit 44. where two wâ—â—e indited of Confederacy each to maintain other whether their matter were true or false and though nothing were supposed to be put in practise the Parties were enjoyn'd to answer since the thing is forbidden by Law So in the next Article in the same Book enquiry shall be made of Conspirators and Confederators which binde themselves together c. This Confederacy punishable by Law before it be executed ought to have four incidents First It must be declared by some matter of prosecution as by making of Bonds or Promises the one to the other 2. Malicious as for unjust revenge 3. It ought to be false against an innocent Lastly to be out of Court voluntary Terms de la Ley. Confirmation Confirmatio Is a strengthning or confirming an estate to one who hath the possession by a voidable Title though not at present void As a Bishop grants his Chancellorship by Patent for term of the Patentees life This is no void grant but voidable by the Bishops death except it be strengthned by the Dean and Chapters Confirmation See more of this in West pa. 1. Symb. lib. 2. sect 500. Fitz. Nat. Br. fol. 169. b. and Littleton lib. 3. cap. 9. Confiscate From the Lat. Confiscare and that from Fiscus which originally signifies a Hamper Pannier or Basket but Metonymically the Emperors Treasure which was anciently kept in such Hampers and though our King keeps not His Treasure in such things yet as the Romans said such Goods as were forfeited to the Emperors Treasury for any offence were Bona confiscata so say we of those that are forfeited to our Kings Exchequer And the title to have these Goods is given the King by the Law when they are not claimed by some other As if a Man be indited for feloniously stealing the Goods of another where in truth they are the proper Goods of him indited and they are brought in Court against him who being asked what he saith to the said Goods disclaims them By this Disclaimer he shall lose the Goods though he be afterwards acquitted of the Felony and the King shall have them as Confiscate but otherwise if he had not disclaimed them So where Goods are found in the Felons possession which he disavows and afterwards is attainted of other Goods and not of them there the Goods which he disavows are Confiscate to the King but had he been attainted of the same Goods they should have been said forfeited not Confiscate notwithstanding his disavowment See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note Confiscare Forisfacere are Synonyma and Bona confiscata are Bona forisfacta 3 Inst fol. 227. Confrairie Fr. A Fraternity Fellowship or Society as the Confrairie de Seint George or de les Chivaliors de la bleu Jartier Selden Confréeres Fr. Confreres Brethren in a Religious House Fellows of one and the same House or Society Anno 32 Hen. 8. cap. 24. Congeable from the Fr. Conge i. Leave Licence or Permission Signifies as much as lawful or lawfully done or done with leave of permission as The entry of the Disseisee is congeable Littleton sect 410. and 2 par Croke fol. 31. Conge d'â—â—ccorder Fr. i. Leave to accord or agree I finde it in the Statute of Fines An. 18 Edw. 1. in these words When the Writ original is delivered in presence of the Parties before Justices a Pleader shall say this Sir Justice Conge d'Accorder and the Justice shall say to him What saith Sir R. and shall name one of the Parties c. Conge d'Eslire Fr. i. Leave to chuse Signifies the Kings Permission Royal to a Dean and Chapter in time of Vacation to chuse a Bishop or to an Abbey or Priory of his own Foundation to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169 170. Gwin in the Preface to his Readings says The King of England as Soveraign Patron of all Arch-Bishopricks Bishopricks and other Eccsesiastical Benefices had of ancient time free appointment of all Ecclesiastical Dignities whensoever they chanced to be void investing them first per baculum annulum and afterwards by His Letters Patent and that in process of time he made the Election over to others under certain Forms and Conditions as namely that they should at every vacation before they chuse demand of the King Conge d'Eslire that is Leave to proceed to Election and then after the Election to crave His Royal assent c. And he affirms that King John was the first that granted this which was afterward confirmed by Westm 1. cap. 1. and again by Articuli Cleri cap. 2. Congius An ancient Measure of Six Sextaries which is about a Gallon and a Pint. Et reddat quinque Congios celia unum Ydromelli triginta panes cum pertinentibus pulmentariis Carta Edmundi Regis de Anno 946. Conisance See Cognizance Conisor alias Cognizor Recognitâ—r Is used in the passing of Fines for him that acknowledges the Fine and the Conizee is he to whom the Fine is acknowledged Anno 32 Hen. 8. cap. 5. West pa. 1. Symb. lib. 2. sect 49. and Parte 2. tit Fines sect 114. Conjuration Conjuratio Signifies a Plot or Confederacy made by some persons combining themselves together by oath or promise to do some publick harm But it is more especially used for the having personal conference with
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
Originally or upon Assignation and sometimes for the Returns of Writs For example Dayes in Bank are Dayes set down by Statute or Order of the Court when Writs shall be returned or when the Party shall Appear upon the Writ served for which you may read the Statutes 51 Hen 3. ca. 1 2. Marlb ca. 12 52 Hen. 3. and the Statute de Anno Bissextili 21 Hen. 3. and lastly 32 Hen. 8. ca. 21. To be dismissed without Day is to be finally discharged the Court He had a Day by the Roll that is he had a day of Appearance Assigned him Kitchin fol. 193 197. Day Year and Wast See Year Day and Wast And see Dies Deadly Feud Feuda Faida Is a Profession of an Irreconcileable Enmity till we are revenged even by the death of our Enemy It is deduced from the German word Feed which as Hottoman in verbis Feudalibus saith Modo bellum modo capitales inimicitias significat It is used Anno 43 Eliz. ca. 13. Dead Pledge mortuum vadium See Morgage De-afforested That is discharged from being Forest or that is freed and exempted from the Forest-Laws Anno 17 Car. 1. ca. 16. Johannes Dei Gratia c Archiepiscopis Episcopis c. Sciatis nos omnino Deafforestaise Forestam de Brewood de omnibus quae ad Forestam Forestarios pertinent Quare volumus firmiter praecipimus quod praedicta Foresta homines in illa manentes haeredes eorum sint Deafforestati imperpetuum c. Dat. apud Brug 13 Martii Anno regni nostri 5. Dean Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 decem Is an Ecclesiastical Magistrate so called because he presides over Ten Canons or Prebends at the least We call him a Dean that is under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum the Chapter But how diversly this word is used read Lindwood Tit. de Constitut ca. 1. verbo Decani Rurales where Rural Deans are said to be certain persons that have Jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned them by the Bishop and Arch-Deacon being placed and displaced by them Such are the Dean of Croiden in Surrey Dean of Battel in Kent c. As there are two Foundations of Cathedral Churches in England the old and the new the new are those which Henry the Eighth upon Suppression of Abbies transformed from Abbot or Prior and Convent to Dean and Chapter so are there two means of Creating these Deans For those of the Old Foundation were exalted to their Dignity much like Bishops the King first sending out his Conge d'Eslire to the Chapter the Chapter then chusing the King yielding His Royal Assent and the Bishop Confirming him and giving his Mandate to enstal him Those of the New Foundation are by a shorter course Enstalled by Vertue of the Kings Letters-Patent without either Election or Confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chappels as the Dean of the Kings Chappel the Dean of the Arches the Dean of St. Georges Chappel in Windsor c. Nec Collegio alicui praefecti nec jurisdictione ulla donati nomine tamen velut honoris gratia insignes sayes Spelman De bene esse Are three common Latin words but their signification more mysterious conceiv'd to be thus To take or do any thing De bene esse is to accept or allow it as well done for present but when it comes to be more fully examin'd or try'd to stand or fall to be allowed or disallowed according to the Merit or Well-being of the thing in its own nature or as we say Valeat quantum valere potest So in Chancery upon motion to have one of the less-principal Defendants in a Case examin'd as a Witness the Court not then throughly examining the justice of it or not hearing what may be objected on the other side often orders such a Defendant to be examined de bene esse i. That his Depositions shall be allowed or suppressed at the Hearing of the Cause upon the full debate of the Matter as the Court shall then think fit but for the present they have a well-being or conditionalallowance It is used in Langhams Caso Croke 3 Part. fol. 68. Debentur Was by a Rumâ— Act in 1649 ordained to be in the nature of a Bond or Bill to charge the Common-wealth forsooth to pay the Souldier-Creditor or his Assignes the Sum due upon Auditing the Account of his Arrears The Form of which Debentur as then used you may see in Scobels Rump-Acts Anno 1649 ca. 63. The word is also mention'd in the Act of Oblivion 12 Car. 2. ca. 8. Sect. 7. and is used in the Exchequer See Auditor of the Receipts Debet solet Are Latin words often used in our Law-Writers In old Nat. Br. fol. 98. it is said This Writ De secta molendini being in the debet and solet is a Writ of Right c. And again fol. 69. A Writ of quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and solet or in the debet without the solet according as the Demandant claims Wherefore note that those Writs which are in this sort brought have these words in them as Formal words not to be omitted And according to the diversity of the Case both debet and solet are used or debet alone That is if a man sue to recover any Right whereof his Ancestor was disseis'd by the Tenant or his Ancestor then he useth only the word debet in his Writ because solet is not fit by reason his Ancestor was disseis'd and the Custom discontinued but if he sue for any thing that is now first of all denyâ—d him then he useth both these words because his Ancestors before him and he himself usually enjoyed the thing sued for as sute to a Mill or Common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appears by the Reg. of Writs in the Writ De debito fol. 140. a. Debito or De debito Is a Writ which lies where a Man ows another a Sum of Money by Obligation or Bargain for any thing sold him Fitz. Nat. Br. fo 119. This Writ is made sometime in the detinet and not in the debet which properly falls out where a Man owes an Annuity or a certain quantity of Wheat Barley or such like which he refuseth to pay Old Nat. Br. fo 75. See Debet and solet Decem tales See Tales Deceit Deceptio dolus Is a Subtile wily Shift or Trick whereunto may be drawn all manner of Craft Subtilty Guile Fraud Slight Cunning Covin Collusion and Practise used to Deceave another Man by any Means which hath no other more proper or particular Name then Deceit or Offence West pa. 2. Symbol tit Inditements Sect. 68. See
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
Hereotum militaris supellectilis praestatio quam obeunte vassallo Dominus reportavit in sui ipsius munitionem says Spelman And by the Laws of Canutus it appears that at the death of the great Men of this Nation so many Horses and Armes were to be paid as they were in their respective life-times obliged to keep for the Kings Service It is now taken for the best Beast a Tenant hath at the hour of his Death due to the Lord by Custom be it Horse Ox c. and in some Mannors the best piece of Plate Jewel or the best good Heriot is of two sorts First Hariot Custom where Hariots have been paid time out of mind by Custom after the death of Tenant for life 2. Hariot Service when a Tenant holds by such service to pay Heriot at the time of his death For this the Lord shall distrain and for the other he shall seize and not distrain If the Lord purchase part of the Tenancy Hariot Service is extinguish'd but not so of Hariot Custom Cokes 8 Rep. Talbots Case See Farley Hart Is a Stag of five years old compleat And if the King or Queen hunt him and he escape then is he called a Hart-Royal And if by such hunting he be chased out of the Forest Proclamation is commonly made in the places adjacent that in regard of the pastime the beast has afforded the King or Queen none shall hurt him or hinder him from returning to the Forest then is he a Hart-Royal Proclaimed Manwood Part 2. ca. 4. num 5. Harth-penny and Harth-stâ—ver See Chimney-Money and Peter-Pence Haubergets See Haberjects Haw from the Sax. Haga A small quantity of Land so called in Kent as a Hemphaw or Beanhaw lying near the House and enclosed for that use Sax. dict But I have seen an ancient MS that says Hawes vocantur mansiones sive domus And Sir Edw. Coke on Litt. fo 5 b. Says in an ancient Plea concerning Feversham in Kent Haws are interpreted to signifie Mansiones Haward See Hayward Hawberk or Haubert quasi Hautberg Fr. Haubert i. Lorica He that holds Land in France by finding a Coat or Shirt of Mayle when he shall be called is said to have Hauberticum feudum fief de Haubert Hauberk or Haubergion with our Ancestors did signifie as in France a Coat or Shirt of Mayle and it seems to be so used Anno 13 Edw. 1. Stat. 3. ca. 6. Hawkers Those deceitful Fellows who went from place to place buying and selling Brass Pewter and other Merchandise which ought to be utter'd in open Market were of old so called The word is mentioned Anno 25 Hen. 8. ca. 6. and 33 ejusdem ca. 4. We now call those Hawkers who go up and down London Streets crying News-books and selling them by retail and the Women who sell them by wholesale from the Press are called Mercury Women The Appellation of Hawkers seems to grow from their uncertain wandring like those who with Hawkes seek their Game where they can find it Haya Gal. Haye Sax. Hege A Hedge also a piece of Ground enclosed with a hedge Hayward from the Fr. Hay i. Sepes and Garde i. Custodia Signifies one that keeps the common herd of the Town and the reason may be because one part of his Office is to look that they neither break nor crop the hedges of enclosed Grounds He is a sworn Officer in the Lords Court the form of whose Oath you may see in Kitchin fo 46. Hazarders Are those that play at the Game at Dice called Hazard Hazardor communis ludens ad falsos talos adjudicatur quod per sex dies in diversis locis ponatur super collistrigium Int. Plac. Trin. 2. Hen. 4. Sussex 10. Headborow from the Sax. Head i. Sublimatus Borge fide jussor Signifies him that is chief of the Frankpledge and that had the principal government of them within his own pledge And as he was called Headborow so was he also called Burrowhead Bursholder Thirdborow Tithingman Chief-pledge or Borowelder according to the diversity of speech in several places Of this see Lambert in his explication c. verbo Centuria Smyth de Rep. Angl. lib. 2. ca. 22. The same Officer is now called a Constable See Constable Head-pence Was an exaction of 40 l. and more heretofore collected by the Sheriff of Northumberland of the Inhabitants of that County twice in seven years that is every third and fourth years without any account made to the King which was therefore by the Stat. 23 Hen. 6. cap. 7. Clearly put out for ever See Common Fine Head-silver See Common Fine Healfang or Halsfang Is compounded of two Saxon words Hals i. Collum and fang Captus paena scilicet qua alicui collum stringatur See Pillory Hearth-money See Chimney-money Heck Is the name of an Engin to take Fish in the River Owse by York Anno 23 Hen. 8. cap. 18. Heda A Haven or Port. Domesday Heir Haeres Is he that succeeds by right of Blood in any Mans Lands or Tenements in Fee for nothing passeth Jure Haereditatis but Fee By the Common Law a Man cannot be Heir to Goods or Chattels for Haeres dicitur ab Haereditate Every Heir having Land by descent is bound by the binding Acts of his Ancestors if he be named Qui sentit commodum sentire debet onus Coke on Littl. fol. 7 8. Last Heir See Last Heire-lome from the Sax. Heier i. haeres leome i. membrum Omne utensile robustius quod ab aedibus non facile revellitur ideoque ex more quorundam locorum ad haeredem transit tanquam membrum haereditatis Spelm. It comprehends divers implements of Houshold as Tables Presses Cupboards Bedsteads Furnaces Wainscot and such like which in some Countreys having belonged to a House certain descents and never inventoried after the decease of the owner as Chattels accrue by Custom not by Common Laws to the Heir with the House it self Consuetudo Hundredi de Stretford in Com. Oxon. est quod haeredes tenementorum infra Hundredum praedict existen post mortem antecessorum suorum habebunt c. Principalium Anglice an Heir-loome viz. De quodam genere catallorum utensilium c. optimum plaustrum optimam carucam optimum ciphum c. Coke on Littl. fol. 18. b. Hebber-man A Fisherman below London-bridge who fishes for Whitings Smelts c. commonly at Ebbing-water and therefore so called Mentioned in Art for the Thames-Jury Printed 1632. Hebbing-wears Mentioned in 23 Hen. 8. cap. 5. Are Wears or Engins made or laid at Ebbing-water for taking Fish Quaere Heisa servitium Inter Placita de temp Jo. Regis Northampton 50. Henchman Qui equo innilitur bellicoso From the German Hengst a War-horse With us it signifies one that runs on foot attending upon a Person of Honor or Worship Anno 3 Edw. 4. cap. 5. and 24 Hen. 8. cap. 13. It is written Henrman Anno 6 Hen. 8. cap. 1. Henghen Sax. Hengen A Prison Goal or House of Correction
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has taken any Bondman or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
of the Exchequer the meaning and etmology whereof will appear by what follows Md. quod Anno Dom. 1277 Anno Regni Regis Edwardi filii Regis Henrici quinto misit idem Rex per totam Angliam Ballivos inquirere sub juramento in secreto de universis terris Angliae per Johannem de Kirkby Thesaurarium suum quisquis teneret cujus feodi quantum cujus Regis tempore feoffati essent Ex Registro Glaston Caenobii penes Rad. Sheldon Ar. fo 71. b. Knave Sax. Cnawa Is used for a Man-servant Anno 14 Edw. 3. Stat. 1. ca. 3. It did anciently signifie a Child also a Minister or Servant Matth. 8. 6. Puer meus jacet in domo paralyticus was in the Saxon Translation turned myn knawa Hence seyld knawa pro Armigero quasi scuti famulus seu minister he that bore the Weapon or Shield of his Superior It was sometimes of old used as a titular addition Johannes filius Willielmi Couper de Denby Knave ad satisfaciendum Regi de omni eo quod ad Regem pertinet occasione cujusdam Utlagariae in ipsum in placito transgressionis ad sectam Regis promulgata Original de anno 22 Hen. 7. 36 Derby Knight Sax Cnyt Miles Chivalier or Eques auratus from his gilt Spurs usually worn and thence called anciently Knights of the Spur. Signifies one that bears Arms who for his vertue and Marshal prowess is by the King or one having his Authority exalted above the rank of Gentlemen to a higher account or step of dignity The manner of making them Cam. in his Britan. thus shortly expresseth Nostris vero temporibus qui Equestrem dignitatem suscipit flexis genibus leviter in humero percutitur Princeps his verbis Gallice affatur Sus vel sois Chevalier au nom de Dieu i. Surge aut fis Eques in nomine Dei This is meant of Knight-Bachelers which is the lowest but most ancient degree of Knighthood with us By the Stat. 1 Edw. 2. ca. 1. All Gentlemen having a full Knights Fee and holding their Land by Knights Service might be compelled by distress to procure himself to be made Knight when he came to Mans Estate But by the Statute 17 Car. 1. ca. 20. it is ordained that no man shall be compelled to take the Order of Knighthood c. The priviledge belonging to a Knight see in Ferns Glory of Generosity p. 116. Of Knights there are two sorts one Spiritual so called by Divine in regard of their Spiritual Warfare the other Temporal Cassanaeus de gloria mundi Part 9. Considerat 2. See Seldons Titles of Honor fo 770. Knights of the Garter Equites Garterii or Periscelidis Arc an Order of Knights created by Edward the Third after he had obtained many notable Victories who for furnishing this honorable Order made choice in his own Realm and all Christendom of 25 the most excellent and renowned persons for vertue and honour Himself and His Successors Kings of England were ordained to be the Soveraigns and the rest Fellowes and Brethren of this Order Smith de Repub. Angl. lib. 1. ca. 20. The Officers belonging to it are The Prelate of the Garter which is alwayes the Bishop of Winchester The Chancelor of the Garter the Register who is alwayes Dean of Windsor The Principal King at Armes called Garter whose chief function is to manage their Solemnities at their Feasts and Installations Lastly the Usher of the Garter being the Usher of the Black Rod. This most honourable Society is a Colledge or Corporation having a great Seal belonging to it See Garter Knights Baneret See Baneret John Coupeland for his valiant service against the Scots had the honour of Baneret conferred on him and his Heirs for ever by Patent 29 Edw. 3. part 1. m. 2. Knights of the Bath See the Antiquity and Ceremony of their Creation in Mr. Dugdales Description of Worcestershire fo 531 532. They are so called from their Bathing the night before their Creation Their place is before Knights Batchelors and after Baronets Knights of St. John of Hierusalem Milites Sancti Johannis Hierosolâ—mitani Had beginning about the year 1119. and denomination from John the charitable Patriarch of Alexandria though vowed to St. John Baptist their Patron They had their primary foundation and chief aboad first in Hierusalem and then in the Isle of Rhodes until they were expelled thence by the Turk Anno 1523. Since which time their chief Seat is in the Isle of Malta where they have done great Exploits against the Infidels especially in the year 1595 and are now called Knights of Malta They had one general Prior who had the Government of the whole Order within England and Scotland Reg. of Writs fol. 20. b. and was the first Prior of England and sate in the Lords House of Parliament Of these Knights mention is made in the Stat. 25 Hen. 8. ca. 2. 26 ejusdem ca. 2. But Anno 32 Hen. 8. ca. 24. They in England and Ireland being found overmuch to adhere to the Pope against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition See Hospitalers Knights of Malta See Knights of St. Iohn Knights of Rhodes Anno 32 Hen. 8. ca. 24. See Knights of St. Iohn Knights of the Temple See Templers Knights of the Chamber Milites Camerae mention'd in 2 Inst fo 666. and in Rot. Pat. 29 Ed. 3. par 1. m. 29 seem to be such Knights Batchelers as are made in time of Peace because Knighted commonly in the Kings Chamber not in the Field as in time of War Knights of the Shire Milites Comitatus otherwise called Knights of Parliament are two Knights or Gentlemen of worth chosen upon the Kings Writ in pleno Comitatu by the Freeholders of every County that can dispend 40 s. per ann Anno 1 Hen. 5. ca. 1. and 10 Hen. 6. ca. 2. who are in Parliament to consult in behalf of the Commons of England touching the Publick Affairs of the Realm These when every man that had a Knights Fee was customarily constrained to be a Knight were of necessity to be milites gladio cincti for so runs the Writ at this day But now Custom admits Esquires to be chosen to this Office Quod milites Comitat. pro Parliamento extunc eligend sint milites notabiles de eisdem Com. pro quibus sic eligentur seu aliter notabiles Armigeri homines generosi de nativitate de eisdem Com. qui sint habiles existere milites quod nullus homo sit talis miles qui in gradu valetti inferiori existit prout in Statuto continetur viz. 23 H. 6. In breve de Sum. ad Parl. Claus 39 Hen 6. in dorso m. 41. For the choice of these Knights see the Statutes 7 Hen. 4. ca. 15. 23 Hen. 6. ca. 15. with others Their expences are to be born by the County 35 Hen. 8. ca. 11. though now a dayes that is for the
sort of Money so it were Silver and the reason is there given because those two Shires Monetarios de antiqua institutione non habent Moneyers are now also taken for Banquers or those that make it their Trade to turn and return money Monger Seems to be a little Sea-vessel which Fishermen use Anno 13 Eliz. ca. 11. Monopoly from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo Is an Institution or allowance of the King by his Grant Commission or otherwise to any person or persons of or for the sole buying selling making working or using of any thing whereby any person or persons are restrained of any freedom or liberty that they had before or hindred in their lawful Trade which is declared illegal by 21 Jac. ca. 3. Except in some particular cases which see in 3 Inst fo 181. Monstrans de droit i. Shewing of ones right Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements that indeed are mine in right though by some Office found to be in possession of one lately dead See Stamf. Praer ca. 21. at large and Cokes Rep. lib. 4. fo 54. Wardens of the Sadlers Case Monstraverunt Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine being distreined for the payment of any Toll or Imposition contrary to the liberty which they do or should enjoy Fitz. Nat. Br. fo 14. Month or Moneth Sax. Monath Shall be understood to consist of 28 dayes See Coke lib. 6. fo 61. b. And see Kalendermoneth Moot from the Sax. Motian to treat or handle Is well understood at the Inns of Court to be that exercise or arguing of Cases which young Barrasters and Students perform at certain times for the better enabling them for practise and defence of Clients Causes The place where Moot-cases were argued was anciently called a Moot-hall from the Sax. Motheal In the Inns of Court there is a Bailiff or Surveyor of the Moots who is yearly chosen by the Bench to appoint the Mâ—otmen for the Inns of Chancery and to keep accompt of performance of Exercises both there and in the House See Orig. Juridiciales fo 212. Mootmen Are those that argue Readers Cases called also Moot-cases in the Houses of Chancery both in Terms and in Vacations Cokes Rep. 3 Part in Proaemio Moratur or Demoratur in Lege Signifies as much as he Demurrs because the Party goes not forward in pleading but rests or abides upon the Judgment of the Court in the point who deliberate and take time to argue and advise thereupon Whensoever the Counsel learned of the Party is of opinion that the Count or Plea of the adverse party is insufficient in Law then he Demurrs or abides in Law and refers the same to the Judgment of the Court Coke on Lit. fo 71. b. See Demurrer Moriam Is all one in signification with the French Morion i. Cassis a headpiece and that from the Italian Morione Anno 4 5 Phil. Mary ca. 2. now called a Pot. Morling alias Mortling Signifies that Wool which is taken from the Skin of a dead Sheep whether dying of the rot or being killed Anno 4 Edw. 4. cap. 2. 3. and 27 Hen. 6 cap. 2. This is written Morkin Anno 3 Jac. cap. 18. Morling or Shorling Anno 3 Edw. 4. cap. 1. 14 Car. 2. cap. 18. See Shorling Mortdancester See Assize Mortgage Mortuum vadium vel Mortgagium from the French Mort i. Mors and Gage i. Pignus Signifies a Pawn of Land or Tenement or any moveable thing laid or bound for Money borrowed peremptorily to be the Creditors for ever if the Money be not paid at the day agreed on And the Creditor holding such Land on such Agreement is in the mean time called Tenant in Mortgage Glanvile lib. 10. cap. 6. defines it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant Thus it is called a Dead Gage because whatsoever profit it yields yet it redeems not it self by yielding such profit except the whole sum borrowed be likewise paid at the day the Morgagee by Covenant being to receive the profits till default of payment He that lays this Pawn or Gage is called the Morgager and he that takes it the Morgagee This if it contain excessive Usury is prohibited Anno 37 Hen. 8. cap. 9. Mortmain Manus Mortua i. Dead Hand From the. Fr. Mort i. Mors and Main i. Hand Signifies an Alienation of Lands or Tenements to any Corporation Guild or Fraternity and their Successors as Bishops Parsons Viccars c. which may not be done without Licence of the King and the Lord of the Mannor or of the King alone if it be immediately holden of him The reason of the name proceeds from this that the services and other profits due for such Lands should not without such Licence come into a Dead Hand or into such a Hand as it were Dead and so dedicate unto God or pious uses as to be abstractedly different from other Lands Tenements or Hereditaments and is never to revert to the Donor or any Temporal or common use Mag. Charta cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain 18 Edw. 3. stat 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land c. to Hospitals is permitted without obtaining of Licences of Mortmain Hottoman in his Commentaries De verbis Feudal verbo Manus mortua says thus Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Qua de causa res nunquam ad Priorem Dominum revertitur nam Manus pro possessione dicitur Mortua pro immortali c. And Skene says That Dimittere terras ad Manum Mortuam est idem atque dimittere ad multitudinem sive universitatem quae nunquam moritur The President and Governors for the poor within the Cities of London and Westminster may without Licence in Mortmain purchase Lands c. not exceeding the yearly value of 3000 l c. Stat. 14. Car. 2. cap. 9. Mortuary Mortuarium Is a gift left by a Man at his death to his Parish Church in recompence of his Personal Tythes and Offerings not duly paid in his life time A Mortuary is not properly and originally due to an Ecclesiastical Incumbent from any but those onely of his own Parish to whom he ministers Spiritual Instruction and hath right to their Tythes But by Custom in some places of this Kingdom they are paid to the Incumbent of other Parishes in the Corps of the Dead Bodies passage through them See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts Mortuarium says Lindwood sic dictum est quia relinquitur Ecclesiae pro anima defuncti
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
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63◠Cam. Brit. pa. 160. who reckons 9284
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
le mesme the Defence is good See Kitchin in Cha. Que est le mesme fo 236. Que estate Signifies verbatim which estate or the same Estate and is a Plea whereby a man entituling another to Land c. saith that the same estate himself had he has from him For example in a Quare impedit the Plaintiff alleageth that such four persons were seized of Lands whereunto the Advowson in question was appendant in Fee and did present to the Church and afterwards the Church was void que estate that is which estate of the four persons he has now during the vacation by vertue whereof he presented c. Broke tit que estate fo 175. and see Coke on Litt. fo 121. Queen Regina Is either she that holds the Crown of this Realm by right of Blood or she that is Marryed to the King which last is called Queen Consort In the former signification she is in all construction the same that the King is and has the same power in all respects In the later she is inferior and a person exempt from the King for she may sue and be sued in her own name yet what she hath is the Kings and what she loseth the King loseth Stamf. Praerog ca. 2. fo 10. and Coke lib. 4. Copyhold-Cases fo 23. b. Queen gold Aurum Reginae Is a Royal Duty or Revenue belonging to every Queen Consort during her Marriage to the King of England both by Law Custom and Praescription payable by sundry persons in England and Ireland upon divers Grants of the King by way of Fine or Oblation amounting to ten Markes or upwards to wit one full tenth part above the entire Fine as Ten pounds for every Hundred pounds Fine upon Pardons Contracts or Agreements which becomes a real debt and duty to the Queen by the name of Aurum Reginae upon the Parties bare agreement with the King for his Fine and recording it without any promise or contract for this tenth part exceeding it Lib. Nig. Scac. pa. 43. 44. Cokes 12. Rep. fo 21. 22. and Mr. Pryns Tractate on this Subject per tot Quein redditum reddat Is a Writ Judicial lying for him to whom a Rent-Seck or Rent-Charge is granted by Fine levied in the Kings Court against the Tenant of the Land that refuseth to atturn to him thereby to cause him to atturn Old Nat. Br. fo 156. Querela frescae fortiae Is a Writ See Freshforce Querela coram Rege Consilio c. Is a Writ whereby one is called to justifie a complaint of a Trespass made to the King himself before the King and his Counsel Reg. of Writs fo 124. Questus est nobis c. Is the form of a Writ of Nusance which by the Stat. Anno 13 Ed. 1. ca. 24 lies against him to whom the House or other thing that breeds the Nusance is alienated whereas before the Statute this Action lay onely against him that first levied or caused the Nusance to the damage of his Neighbor Quia improvide Seems to be a Supersedeas granted in the behalf of a Clerk of the Chancery sued against the priviledge of that Court in the Common-Pleas and pursued to the Exigend or in many other cases where a Writ is erroneously sued out or misawarded See Dyer fo 33. n. 18. Quid juris clamat Is a Writ Judicial issuing out of the Record of a Fine which remains with the Custos Brevium of the Common-Pleas before it be engrossed for after it cannot be had and it lies for the Grantee of a reversion or remainder when the particular Tenant will not atturn West par 2. Symbol tit Fines Sect. 118. See New Book of Entries on this Writ Quid pro quo Is an artificial Speech signifying as much as the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Civilians which is a mutual performance of both parties to a Contract or a giving one thing for another as 10 l. for a Horse Kitchin fo 184. Quietancia sectae Hundredi Wichmote Per haec verba Johannes Stanley Ar. clamat quod ipse tenentes sui non teneantur venire ad Curiam istam Pl. in Itin. apud Cestriam 14 Hen. 7. See Acquietancia Quietancia Assisarum super Assisam Per haec verba Johannes Stanley clamat quod ipse tenentes residentes sui non ponantur in Assisis jurat nec magnis Assisis Plac. ut supra Quietus i. Freed or acquitted Is a word used by the Clerk of the Pipe and Auditors in the Exchequer in their Acquittances or Discharges given to Accountants usually concluding with abinde recessit quietus which is called a Quietus est and is mentioned in the Act of general Pardon 12 Car. 2. ca. 11. and 14 Car. 2. ca. 21. A Quietus est granted to the Sheriff shall discharge him of all accounts due to the King Anno 21 Jac. ca. 5. Quinquagesima Sunday Is that we call Shrove-Sunday and is so called because it is about the fiftieth day before Easter of which you may read in Durandi Rationali Divinorum cap. de Quinquagesima and mentioned in Briton and other ancient Law-writers Quinque portus The Cinque-ports which are 1. Hastings 2. Romene 3. Hethe 4. Dover and 5. Sandwich To the first Winchelsea and Rye belong which are reckoned as part or members of the Cinque-ports Servitium quod Barones Quinque Portuum praescriptorum recognoscunt facere ad summonitionem Regis per annum si contigerit per 15 dies ad custum eorum proprium ita quod primus dies computatur a die quo vela navium erexerunt usque partes ad quas n dere debent vel ulterius quamdiu Rex voluerit ad custum ejus See Cinque Ports Quinsieme or Quinzime Decima quinta Is a French word signifying a Fifteenth with us it is a Tax so called because it is raised after the Fifteenth part of Mens Lands or Goods Anno 10 Rich. 2. cap. 1. and 7 Hen. 7. cap. 5. See Fifteenth and Tax It is well known by the Exchequer Roll what every Town throughout England is to pay for a Fifteenth Sometime this word Quinsieme or Quinzime is used for the fifteenth day after any Feast as the Quinzime of S. John Baptist Anno 13 Ed. 1. in the Preamble Quintane Quintana Fr. Quintaine Bersant A kinde of exercise tkat young Men did and still do use in some parts of this Nation especially Shropshire by breaking Poles on Horse-back against a strong Plank or Butteress set up in the High-way most used at marriages What it was anciently Matthew Paris thus delivers Eo tempore juvenes Londini statuto Pavone pro bravio ad stadium quod Quintana vulgariter dicitur vires proprias equorum cursus sunt experti In Hen. 3 sub initio Anni 1253. Quint-exact Anno 31 Eliz. cap. 3. Quinto exactus Is the last Call of a Defendant who is sued to the Outlary when if he appear not he is by the judgment of the Coroners returned outlawed
rapio to snatch Range from the Fr. Ranger i. To order array or dispose of Is used in the Forest Laws both as a verb as to range and as a Substantive as to make range Char. de Foresta cap. 6. The Ranger is a sworn Officer of the Forest of which sort there are Twelve Idem cap. 7. whose authority is partly described by his Oath set down by Manwood Par. 1. pag. 50. but more particularly in Par. 2. cap. 20. num 15 16 17. His Office cheifly consists in these three points Ad perambulandum quotidiè per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quam de malefactoribus in Balliva sua ad refugandum feras forestae tam Veneris quam Chaseae de terris deafforestatis in terras afforestatas ad presentandum omnes transgressiones Forestae in terris deafforestatis factas ad proximas Curias illius Forestae tentas This Ranger is made by the Kings Letters Patent and hath a Fee of 20 or 30 l. paid yearly out of the Exchequer and certain Fee-Deer Ransome Redemptio Fr. Rencon Signifies properly the sum paid for redeeming a Captive or Prisoner of War and sometimes a great sum paid for the pardoning some heinous crime Anno 1 Hen. 4. cap. 7. and 11 Hen. 6. cap. 11. When one is to make a Fine and Ransom the Ransom shall be treble to the Fine Cromp. Just of Peace fol. 142. a. And Lamb. Eiren. lib. 4. cap. 16. pag. 556. Horn in his Mirror of Justices makes this difference between Amerciament and Ransom that Ransom is the redemption of a corporal punishment due by Law to any offence Lib. 3. cap. de Amerciament taxable See Coke on Littl. fol. 127. a. Rape Rapus vel Rapa Is a part of a County signifying as much as a Hundred and sometimes Quod plures in se continet Hundredos As all Sussex is divided into six Rapes onely viz. The Rape of Chichester Arundel Brember Lewis Penensey and Hastings every of which besides their Hundreds hath a Castle River and Forest belonging to it Cam. Brit. pag. 225. 229. These parts are in other Counties called Tithings Lathes or Wapentakes Smith de Repub. Angl. lib. 2. cap. 16. Rape Raptus Is when a Man hath carnal knowledge of a Woman by force and against her will But if the Woman conceive it is no Rape for she cannot conceive unless she consent Coke on Littl. lib. 2. cap. 11. sect 190. This offence is Felony in the Principal and his Aiders Anno 13 Rich. 2. stat 2. cap. 1. 11. Hen. 4. cap. 13. 1 Edw. 4. cap. 1. and Westm 2. cap. 13. and shall not be allowed Clergy Anno 18 Eliz. cap. 7. But Fleta says the complaint must be made within forty days else the Woman may not be heard Lib. 3. cap. 5. sect Praeterea And carnal knowledge of a Woman under ten years old is Felony Anno 8 Eliz. cap. 6. Of the diversity of Rapes see Cromptons Justice of Peace fol. 43 44. The offender is called Raptor a Ravisher and in Bractons time he was punished with the loss of his Eyes and Stones Quia calorem stupri induxerunt 3 Inst fol. 60. Rape of the Forest Raptus Forestae Inter delicta numeratur quorum cognitio ad unicum Regem spectat LL. Hen. 1. cap. 10. Violentus concubitus Raptus Forestae Relevationes Baronum suorum c. Trespass committed in the Forest by violence Rapine Rapina To take a thing secretly against the owners will is properly Theft openly or by violence is Rapine Anno 14 Car. 2. cap. 22. and 18 Ejusdem cap. 3. Raptu haeredis Is a Writ lying for the taking away an heir holding in Socage of which there are two sorts one when the heir is married the other when not Of both see Reg. of Writs fol. 163. b. Rase Raseria Toll shall be taken by the Rase and not by the Heap or Cantel Ordinance for Bakers Brewers c. cap. 4. it seems to have been a measure of Corn now disused Debentur ei annuatim decem octo Raseriae avenae sex Raseriae ordei c. Spel. Rate Tythe Is where Sheep or other Cattle are kept in a Parish for less time then a year the owner must pay Tythe for them Pro rata according to the Custom of the place Fitzh Nat. Br. fol. 51. Brook Disms 26. Pro rata dicimus pro proportione vel proportionaliter Lindwood Ratification Ratificatio A ratifying or confirming It is particularly used for the confirmation of a Clerk in a Prebend c. formerly given him by the Bishop c. where the right of Patronage is doubted to be in the King See Reg. os Writs fol. 304. Rationabili parte bonorum Is a Writ that lies for the Wife against the Executors of her Husband denying her the third part of her Husbands goods after Debts and Funeral charges paid Fitzh Nat. Br. fol. 222. who there cites the 18 Chapter of Magna Charta and Glanvile to prove that according to the Common Law of England the goods of the deceased his debts first paid should be divided into three parts whereof his Wife to have one his Children the second and the Executors the third And this Writ lies as well for the Children as for the Wife which appears also by the Reg. of Writs fol. 142. b. Yet it seems to have use onely where the Custom of the Countrey serves for it See the New Book of Entries on this word Rationabilibus divisis Is a Writ that lies where two Lords have their Seigneuries joyning together for him that findes his Waste encroached upon within the memory of Man against the encroacher thereby to rectifie the bounds of their Seigneuries in which respect Fitzherbert calls it in its own nature a Writ of Right The Old Nat. Br. says this may be by Justicies which may be removed by a Pone out of the County to the Common Bench. See Fitz. Nat. Br. fol. 128. Ravishment Raptus Fr. Ravissement i. Direptio raptio Signifies an unlawful taking away either a Woman or an Heir in Ward Sometimes it is also used in one signification with Rape Ravishor Raptor He that deflowres a Woman by violence See the penalty for Ravishing or being Ravished does afterwards consent in the Statute of 6 Rich. 2. cap. 6. See Rape Ray Seems to be a word appropriated to Cloath never coloured or dyed Anno 11 Hen. 4. cap. 6. Worsteds Ray. Anno 17 Rich. 2. cap. 3. Reafforested Is where a Forest hath been disafforested and again made Forest as the Forest of Dean by the Stat. 20 Car. 2. cap. 3. Realty Is an abstract of real and is contradistinguished from Personalty Reasonable Ayd Rationabile auxilium Was a duty which the Lord of the Fee claimed of his Tenants holding by Knights-service or in Soccage to marry his daughter or make his eldest Son a Knight Westm 1. cap. 39. But see the Stat. 12 Car. 2. cap. 24.
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. o◠Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
Tenement I do thereby foregoe or quit the Possession and if I condition with the Lessee that for non-payment of the Rent at the day it shall be lawful for me to re-enter this is as much as if I conditioned to take again the Land into my own hands and to recover the possession by my own fact without the assistance of Judge or Process Reer-County See Rier County Re-extent Is a second Extent made upon Lands or Tenements upon complaint made that the former Extent was partially executed Brook tit Extents fo 313. Regal fishes Anno 1 Eliz. ca. 5. Are Whales and Sturgeons some add Porpusses The King by His Prerogative ought to have every Whale cast on shore or Wrecked in all places within this Realm unless granted to Subjects by special words as a Royal-fish The King himself shall have the Head and Body to make Oyl and other things and the Queen the Tail to make Whalebones for her Royal Vestments Pat. 1 Edw. 1. m. 25. dorso See Tract de Auro Reginae pa. 127. Regalia Anno 13 Eliz. ca. 16. Dicuntur jura omnia ad fiscum spectantia The Rights of a King which the Civilians say are six 1. Power of Judicature 2. Power of Life and Death 3. All kind of Arming 4. Masterless Goods 5. Assessments 6. And the value of Money See Royalties Also the Crown Scepter with the Cross Scepter with the Dove St. Edwards Staff four several Swords the Globe the Orbe with the Cross and other such like used at the Coronation of our Kings are called Regalia See the Relation of the Coronation of King Charles the Second in Bakers Chron. Regalis Justicia Item praefati Barones sc Quinque Portuum habere debent ut asserunt per Chartam suam Regalem Justiciam in villa Gernemuth tempore Feriae una cum Balivo seu Praeposito villae praedictae viz. Cognitionem Assisae panis ulnarum ponderum alidrum mensurarum similiter voide Strand Denne secundum consuetudines suas usitataâ— c. Rot. Parl. 8 Ed. 2. Nu. 262. Regardant Villain regardant was called regardant to the Mannor because he had the charge to do all base villanous services within the same and to see the same freed of all filthy and loathsome things that might annoy it Coke on Litt. fo 120. This word is onely applyed to a Villain or Neif yet in old Books it was sometimes apply'd to Services ibid. Regard Regardum Rewardum from the Fr. Regard i. Aspectus respectus though it has a well-known general signification of any care or respect yet a special also wherein 't is used onely in matters of the Forest and there two wayes one for the Office of the Regarder the other for the compass of ground belonging to the Regarders charge Cromp. Jurisd fo 175. 199. Touching the former thus Manwood The Eyre general Sessions of the Forest or Justice seat is to be kept every third year and of necessity the Regarders of the Forest must first make their Regard which must be done by the Kings Writ And the Regarder is to go through the whole Forest and every Bailywic to see and enquire of the Trespasses therein ad videndum ad inquirendum ad imbreviandum ad certificandum c. Part 1. Pa. 194 198. Touching the second the compass of the Regarders charge is the whole Forest that is all that ground which is parcel of the Forest for there may be Woods within the limits of the Forest which are no part thereof and those are without the Regard Manwood Part 2. ca. 7. num 4. Anno 20 Car. 2. ca. 3. HEnricus Rex Anglorum omnibus Forestariis suis de Glocestershire salutem Sciatis me concessisse praesenti carta confirmasse Ecclesiae S. Jacobi de Bristowa in qua sepultus est Robertus Comes Glocestriae avunculus meus Monachis ibidem Deo servientibus pro salute mea pro anima ipsius Comitis quod terra ipsius Ecclesia Monachorum in ea Deo servientium de Cisseleia boscus ejusdem terrae sint quieta de Rewardo decimationis exigentia pro Essartis Et prohibeo ne inter Assarta amodo computetur Teste Roberto Episcopo Winton Regarder Regardator Fr. Regardeur i. Spectator Is an Officer of the Kings Forest who is sworn to make the Regard of it as has been used in ancient time and to view and enquire of all offences of the Forest as well of Vert as of Venison and of all concealments of any offences or defaults of the Foresters and all other Officers of the Kings Forest concerning the Execution of their Offices c. More particulars of the Regarders Office how he is chosen and the form of his Oath see in Manwood par 1. pag. 188. 195. 207. Cromp. Juris fol. 153. Regio Assensu Is a Writ whereby the King gives His Royal Assent to the Election of a Bishop or Abbot Reg. of Writs fol. 294. b. Registry Registrum from the old Fr. Gister i. In lecto reponere suo loco constituere Signifies the Office Books and Rolls wherein the proceedings of the Chancery or any Spiritual Court are recorded The Writer and Keeper whereof is called the Register in Latin Registrarius Register is also the name of a Book wherein are expressed most of the Forms of Writs used at the Common Law called the Register of the Chancery of which thus Spelman Codex dicitur quo Brevia Regia tam originalia quam judicialia formularum inscribuntur Hujus Codicis me minit Westm 2. cap. 24. 25. This Register is one of the most ancient Books of the Common Law according to Coke on Littl. fol. 159. Register of the Parish Church Registrum Ecclesiae Parochialis Is that wherein Baptisms Marriages and Burials are in each Parish overy year orderly Registred Which was laudably instituted by the Lord Cromwel in September Anno 1538. While he was Viccar-General to King Henry the Eight Regius Professor Anno 12 Car. 2. ca. 17. Henry the Eight founded Five Lectures in each University viz. Of Divinity Hebrew Greek Law and Physick the Readers of which Lectures are called in the University Statutes Regii Professores Regrator Regratarius Fr. Regrateur Did anciently signifie such as bought by great and sold by retail Anno 27 Edw. 3. stat 1. cap. 3. But now it signifies him that buys and sells any Wares or Victuals in the same Market or Fair or within four miles thereof Anno 5 Edw. 6. cap. 14. 13 Eliz. 25. In the Civil Law he is called Dardanarius a Dardano quodam hujus sceleris authore In ancient time both the Ingrosser and Regrator were comprehended under the word Forestaller 3 Inst 195. Rehabere facias seisinam quando Uicecomes liberabit seisinam de majore parte quam deberet Is a Writ Judicial Reg. of Writs Judic fol. 13. 51. There is another Writ of this Name and Nature fol. 54. Rehabilitation Anno 25 Hen. 8. cap. 21. Is one of those
undergo viz. the Combat or the Country See Atturney Responsions Responsiones Seems to be a word used particularly by the Knights of St. John of Hierusalem for certain accounts made to them by such as held their Lands or Stocks Anno 32 Hen. 8. ca. 24. Restitution Restitutio Is a yielding up or Restoring any thing unlawfully taken from another It is also used for the setting him in possession of Lands or Tenements who had been unlawfully disseised of them which when to be done and when not see Cromp. Just of P. fo 144. usque 149. Restitutione extracti ab Ecclesia Is a writ to restore a Man to the Church which he had recover'd for his Sanctuary being suspected of Felony Reg. of Writs fo 69. a. Restitutione temporalium Is a Writ that lies where a man being elected and confirmed Bishop of any Diocess and has the Kings Royal assent thereto for the recovery of the Temporalties or Barony of the said Bishoprick Which is directed from the King to the Eschaator of the County the form whereof you have in Reg. of Writs fo 294. and in Fitz. Nat. Br. fo 269. Resummons Resummonitio Signifies a second Summons or calling a man to answer an Action where the first Summons is defeated or suspended by any occasion as the death of the party or such like See Brook tit Resummons fo 214. See of these four sorts according to four divers cases in the Table of Reg. of Writs judicial fo 1. and New Book of Entries verb. Reattachment Resummons Resumption Resumptio Is particularly used for the taking again into the Kings hands such Lands or Tenements as before upon false suggestion or other Error he had granted by Letters-Patent to any Man Brook tit Repellance Resumption fo 298. And so it is used Anno 31 Hen. 6. ca. 7. 19 Hen. 7. ca. 10 See Reseiser Retail Anno 3 4 Iid. 6. ca. 21. Qui rem integram ementes per minutiores eam partes distrahâ—bant Anglice to buy by great and sell by Retail i. by parcels Reteiner from Retineo Signifies a Servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but onely wearing his Livery and attending sometimes upon special occasions This Livery was wont to consist of Hats or Hoods Badges and other suites of one Garment by the year and were given by Lords and great Men many times on purpose for maintenance and quarrels and therefore have been justly prohibited by many Statutes as by 1 R. 2. ca. 7. upon pain of Imprisonment and grievous forfeiture to the King And again Anno 16 ejusdem ca. 4. 20 ejusdem ca. 1 2. and 1 Hen. 4. ca. 7. By which the Offenders herein should make Ransom at the Kings will and any Knight or Esquire hereby duely attainted should lose his said Livery and forfeit his Fee for ever c. which Statute is further confirmed and explained Anno 2 Hen. 4. ca. 21. and Anno 7 ejusdem ca. 3. Anno 8 Hen. 6. ca. 4. And yet this offence was so deeply rooted that Edward the Fourth was forc'd to confirm the former Statutes and further to extend the meaning of them as appears by 8 Edw. 4. ca. 2. adding a special pain of five pounds on every man that gives such Livery and as much on every one so reteined either by Writing Oath or Promise for every Moneth These by the Feudists are called Affidati And as our Reteiners are here forbidden so are those Affidats in other Countries But most of the above mentioned Statutes are repealed by 3 Car. 1. ca. 4. Retenementum from Retineo A withholding reteining or keeping back Sine ullo retenemento was a frequent expression in old Deeds Retraxit Is so called because it is the emphatical word in the Entry and is where the Plaintiff or Demandant comes in person alone or with the Defendant into Court and sayes He will proceed no further which is peremptory and a perpetual Barr and may be pleaded as such to the Plaintiff in the same Action for ever Qui semel Actionem renunciavit amplius repetere non potest Coke on Litt. lib. 2. ca. 11. S. 208. where you shall find the difference betwixt Nonsute and Retraxit Return Returna vel retorna From the Fr. retour i. Reditio reversio has two particular applications namely the return of Writs by Sheriffs and other Officers which is a Certificate made to the Court from whence the Writ issued of that which they have done touching the execution of the same Writs Of returns in this signification speaks the Statute of Westm 2. ca. 39. So is the Return of a Commission a Certificate or answer to the Court of that which is done by the Commissioners Sheriff Bailiff or others unto whom such Writs Commissions Praecepts or Mandats are directed Also certain days in every Term are called Returns or Dayes in Bank As Hillary Term has four Returns viz. Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis Easter Term five viz. Quindena Pasche Tres Pasche Mense Pasche Quinque Pasche and Crastino Assensionis Domini Trinity Term four viz. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaelmas Term six Returns viz. Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini See the Statutes of Dayes in Bank Anno 51 Hen. 3. 32 Hen. 8. ca. 21. and 17 Car. 1. ca. 6. The other Application of this word is in case of Replevin for if a man distrain Cattel for Rent c. and afterwards so justifie or avow his act that it is found lawful the Cattel before deliver'd to him that was distrained upon security given to follow the Action shall now be returned to him that distrained them Brook tit Return d'avers hommes fo 218. Returno habendo Is a Writ that lies for him who has avow'd a Distress made of Cattel and proved his Distress to be lawfully taken for the return of the Cattel distreined unto him which before were repl 〈…〉 by the party distreined upon surety given to pursue the Action or when the Plaint or Action is removed by Recordari or Accedas ad Curiam into the Court of Common Pleas and he whose Cattel were distrained makes default and doth not declare or prosecute his Action Returnum Averiorum Is a Writ Judicial and the same with Retorno Habendo granted to one impleaded for taking the Cattel of another and unjust detaining them Contra vadium Plegios and appearing upon Summons is dismissed without day by reason the Plaintiff makes default and doth not declare ut supra and it lies for the return of the Cattle to the Defendant whereby he was summoned or which were taken for security of his appearance upon the Summons Regist of Writs Judic fol. 4. a. Returnum Irreplegiabile Is a Writ Judicial sent out of the Common Pleas to the Sheriff for the final restitution or
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le
was anciently the duty of their Office Tea Anno 12 Car. 2. cap. 15. Is a kinde of potable liquor lately introduced in England from China and the East Indies and is made of the Leaf of a Shrub growing in those parts Team and Theame or Tem and Theme from the Sax. tyman i. Propagare to teem or bring forth Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor for the having restraining and judging Bondmen Neifs and Villains with their Childrens Goods and Chattels in His Court. THeme est quod habeatis totam generationem villanorum vestrorum cum corum Sectis catallis ubicunque inventi fuerint in Anglia Qui autem jurisdictionem habent bujusmodi curiani de Theme i. De nativis vel servis dicuntur babore in qua olim licuit inter caeteros cognoscere de statu vassalli sui utrum liber esset an servus Anonymus in MS. Theame says the Learned Spelman in the Laws of Edw. Conf. cap. 21. 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus sive intertiatis hoc est de vocatis ad Warrantiam See Glanvile lib. 5. cap. 2. And Glossarium in x. Scriptores Them i. Quod Prior habet totam generationem Villanorum suorum cum eorum secta catallis ubicunque in Anglia inventae fuerint Ex Registro Priorat de Cokesford Teinland Teinlanda Tainland Teimland vel Thainland quasi terra Thani vel nobilis thâ—n i. Minister Landa i. terra Breve Regis Willielmi junioris lib. Rames sect 178. Willielmus Rex Anglia W. de Cabuniis salutem Praecipio tibi ut facias convenire shiram de Ha 〈…〉 judicio ejus cognosce si terra de Isham â—â—ddidit sirmam Monachis Sancti Benedicti tempore Patris mei si ita invent fuerit sit in Dominio Abbatis Si verd Teinlanda tunc suisse invenietur qui eam tenet de Abbate te 〈◊〉 〈…〉 scat quod si noluerit eam Abbas in Dominio habeat vidâ— ne clamor inde amplius ad nos redeat Teste W. Episc Dunelm Where Teinlanda seems to signifie Terra haereditaria colonorum servituti non obnoxia In Domesday Land holden by Knights-service was called Tainland and Land holden by Soccage Keveland Coke on Littl. sect 117. Teirs Is the third part of a Pipe viz. Forry two Gallons See Tierce Teller Is an Officer in the Exchequer of which there are four whose office is to receive all Moneys due to the King and to give the Clerk of the Pell a Bill to charge him therewith They also pay to all persons any Money payable by the King by Warrant from the Additor of the Receipt and make weekly and yearly Books both of their Receipts and Payments which they deliver to the Lord Treasurer Telonium See Theloniâ—â— Templers or Knights of the Temple Templarii Was a Religious Order of Knighthood instituted about the year 1119. and so called because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem and not far from the Sepulchre of our Lord They entertained Christian-strangers and Pilgrims charitably and in their armor led them through the Holy Land to view the Sacred Monuments of Christianity without fear of Insidels This Order continuing and increasing for near Two hundred years was far spred in Christendom and particularly here in England But at length some of them at Jerusalem falling away as some Authors report to the Saracens from Christianity or rather because they grew too potent the whole Order was suppâ—â—ssed by Clemens Quintus Anno 1309. And by the Council of Vienna 1312. And their substance given partly to the Knights of Saint Johns of Jerusalem and partly to other Religious Cassan de gloria mundi par 9. Consid 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Seconds days till they were suppressed They had in every Nation a particular Governor whom Bracton lib. 1. cap. 10. calls Magistrum Militiae Templi The Master of the Temple here was summoned to Parliament 49 Hen. 3. m. 11. in Schedula And the cheif Minister of the Temple-Church in London is still called Master of the Temple Of these Knights read Mr. Dugdales Antiquities of Warwickshire fol. 706. In ancient Records they were also called Fratres Militiae Templi Solomonis Mon. Angl. 2 par fol. 554. b. Temporalties of Bishops Temporalia Episcoporum Are such Revenues Lands Tenements and Lay-Fees as have been laid to Bishops Sees by Kings and other great Personages of this Land from time to time as they are Barons of Parliament See Spiritualties of Bishops Tempus pinguedinis firmationis Et sciendum quod Tempus pinguedinis hic computatur inter Festum Beati Petri ad Vincula Exaltationem Sanctae Crucis Et Tempus firmationis inter Festum S. Martini Purificationem Beatae Mariae MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck the later of the Doe See Fermisona Tenancies Anno 23 Eliz. cap. 4. Are Houses for Habitation Tenements or places to live in held of another EDwardus illustris Regis Angliae primo genitus omnibus c. Salutem amorem Sciatis quod dedimus assignavimus in Tenenciam dilecto fideli nostro Yvoni Pauntun omnes terras cum suis juribus pertin quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele Tenendas ad nostrae beneplacitum voluntatis nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham quarto die Augusti manus prius posuerit ad easdem Et ideo vobis mandamus c. Dat. Cestriae 14 Augusti Anno Regni Domini Regis Patris nostri 49. Tend Seems to signifie as much as to endeavor offer or shew forth as to tend the estate of the party of the Demandant Old Nat. Br. fol. 123. b. To tend an Averment Britton cap. 76. Tender Fr. Tendre Signifies carefully to offer or circumspectly to endeavor the performance of any thing belonging to us as to tender Rent is to offer it at the time and place where and when it ought to be paid To tender his Law of Non Summons Kitchin fol. 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See Law see Make. Tenementis Legatis Is a Writ that lies to London or other Corporation where the Custom is that Men may demise Tenements as well as Goods and Chattels by their Last Will for the hearing any Controversie touching the same and for rectifying the wrong Reg. of Writs fol. 244. b. Tenent or Tenant Tenens Signifies him that holds or possesseth Lands or Tenements by any kinde of Right be it in Fee for Life Years or at Will Tenant in Dower is she that possesseth Land by vertue of her Dower Kitchin fol. 160. Tenant by Statute Merchant that holds Land by vertue of a
Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord Mâ—sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after Easter-day and ends the Munday next after Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur câ—rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery
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
Dicebatur terra servilis seu tenementalis quod de procinctu terrarum Dominicalium quae Inland nuncupatae sunt in exteriorem agrum rejiciebantur Vide Inland Utlary or Utlawry Utlagaria vel Utlagatio Is a punishment for him who being called into Law and lawfully sought does after an Original Writ with a Nihil habet Three Writs of Capias Alias and Pluries Returned by the Sheriff with a Non est inventus and an Exigent with a Proclamation thereupon Awarded contemptuously refuse to appear He must also be called at Five County-Court days a Moneth between each one and if he appear not within that time Pro exlege tenebitur cum principi non obediat nec legi ex tunc Utlagabitur that is he shall be pronounced to be out of the Kings Protection and deprived of the benefit of the Law The effect of which is divers For if he be outlawed at the sute of another in a civil Cause he shall forfeit all his Goods and Chattels to the King if upon Felony then all his Lands and Tenements which he hath in Fee or for Life and his Goods and Chattels Et tunc gerit caput Lupinum ita quod sine judiciali inquisitione rite pereat secum suum judicium portet merito sine lege pereat qui secundum legem vivere recusavit c. Says Bracton lib. 3. tract 2. cap. 11. A Minor or Woman cannot be outlawed but where a Man is termed outlawed a Woman is said to be waived How an Outlaw is inlawed again and restored to the Kings Peace and Protection See Bracton lib. 3. tract 2. cap. 14. And Fleta lib. 1. cap. 27. 28. See Outlaw Utlepe Significat escapium hoc est Evasionem latronum Fleta lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22. Utrum See Assise Utter Barrasters Jurisconsulti Are such who for their long study and great industry bestowed upon the knowledge of the Common Law are called out of their contemplation to practise and in the view of the World to take upon them the Protection and Defence of Clients In other Countreys they are called Licenciati in Jure The time before any one ought to be called to the Bar by the Ancient Orders was heretofore eight years now reduced to seven And the exercise done by him if he were not called Ex gratia was Twelve Grand Moots performed in the Inns of Chancery in the time of the Grand Readings and Twenty four Petty Moots at the Inns of Chancery in the Term times before the Readers of the Respective Inns of Chancery A Barraster newly called is to attend the six next long Vacations the Exercise of the House viz. In Lent and Summer and is thereupon for those three years called a Vacation Barraster And they are called Utter Barrasters i. Pleaders without the Bar to distinguish them from Benchers or those who have been Readers who are sometimes admitted to plead within the Bar as the King Queen or Princes Council are W. WAftors Waftores Edward the Fourth constituted a Triumvirate of Officers with Naval Power whom the Patent 22 Edw. 4. Membr 2. stiles Custodes Conductores and Waftores and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk We still retain the word to Waft over i. To Convey or Conduct over Sea Waga alias Uaga A Weigh which is a Measure of Cheese Wool c. contraining Two hundred fifty six pound of Averdupois according to Cowel for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to contain Thirty two Cloves and the Clove eight pound though some say but seven Unam Wagam salis de salinis suis de Terincton Mon. Angl. 1 par fol. 515. See Weigh Wage Vadiare Fr. Gager Signifies the giving security for the performance of any thing as to Wage Deliverance which see in Gage to Wage Law see in Law None wageth Law against the King Brook tit Chose in Action num 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager Wager of Law See Law Waif or Weyf Waivium Or goods waived are those which a Theif hath stoln and being pursued or over-charged with the burden flies and leaves the goods behinde him Then the Kings Officer or the Bailiff of the Lord of the Mannor within whose jurisdiction they were left who by prescription or grant from the King hath the Franchise of Waif may seise the Goods to his Lords use except the owner come with fresh sute after the Felon and sue an Appeal within a year and a day or give in evidence against him at his arraignment and he be attainted In which Cases the owner shall have restitution of his Goods though Waif is properly spoken of Goods stoln yet it may be also of Goods not stoln as if a Man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods these shall be forfeit as Goods stoln and are properly called Fugitives Goods See Coke lib. 5 Foxleys Case Waifs Things lost and Estrays must by the Lord of the Franchise where they are found be caused to be cried and published in Markets and Churches near about else the year and day does not run to the prejudice of him that lost the M. Briton cap. 17. Plac. coram Joh. de Berewel Sociis suis Justic Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso Richardus fil Alani Comes Arundel summonitus fuit ad respondend Domino Regi de placito quo Warranto clamat habere placita Coronae habere Wayf in Manerio suo de Upton subtus Haweman c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef Wayf eadem placita libertates habuerunt ipse omnes antecessores sui eisdem usi sunt a tempore quo non extat memoria eo Warranto clamat c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona ita Coronae Domini Regis annexum quod nullus eo gaudere possit nisi inde habeat speciale Warrantum a Domino Rege vel antecessoribus suis concessum Weyf i. Si aliquis adduxerit aliqua animalia ut oves boves equos hujusmodi vel aliquas alias res inde suspectus arrestatus fuerit a Balivis Prioris donec probaverit per fideles homines quod illae res furatae non fuerant ille dimissus non redierit Dictae res seu animalia servabuntur per unum annum unum diem si ille non redierit res suas esse probaverit erunt Prioris c. Si aliquis alius venerit res suas legitime esse probaverit datis expensis illas habebit Ex Registro Prior. de Cokesford Wainnable That may be Ploughed or Manured Tillable Dedimus in loco qui vocatur Shiplade la Moreis la terre