Kings house anno 25. Ed. 3. statute 5. ca. 21. Stillyard Guilda Theutonicorum anno 22. H. 8. ca. 8. anno 32. eiusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almaine anno pri Ed. 6. cap. 13. Are wont to haue their aboade see Geld. It is so called of a broad place or courte wherein steele was much sould vpon the which that house is now founded Nathan Chitraens See Hawnse Stone of woll Petra lanae see weights See Sarpler It ought to weigh fourteene pounds yet in some places by custome it is more See Cromptons Iustice of peace fol. 83. b. Straife alias Stray See Estrae Straites anno 18. H. 6. ca. 16. Streme workes is a kinde of worke in the Stannaries for saith M. Camden titulo Cornwall pag. 119. Horum Stannariorum siue metallicorum operum duo sunt genera Alterum Lode-works alterum streme-works vocant Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur fluuiorum alueos subinde deflectunt illud in locis aeditioribus cùm in montibus puteos quos Shafts vocant in magnam altitudinem defodiunt cuniculos agunt These you may read mentioned anno 27. H. 8. ca. 23. Stirks Strip See Estreapement Stuard alias steward senescallus seemeth to be compounded of Steede and ward and is a word of many applications yet alway signifieth an officer of cheife accoumpte within the place of his sway The greatest of these is the Lord high Steward of England whose power if those antiquities be true which I haue read is next to the kings and of that heighth that it might in some sort match the Ephori amongst the Lacedemonians The custome of our commonwealth hath vppon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but onely for the dispatch of some especiall businesse at the arraignment of some Noble man in the case of treason or such like which once ended his commission expireth Of the high Steward of Englands Court you may reade Cromptons Iurisdiction fol. 82. I haue reade in an auncient manuscript of what credit I know not that this officer was of so great power in auncient times that if any one had sought iustice in the Kings court and not found it he might vpon complaint thereof made vnto him take those petitions and reseruing them to the next Parlament cause them there to bee propounded and not onely so but also in the presence of the King openly to rebuke the Chaunceler or any other Iudge or officer whom he found defectiue in yeelding iustice And if in case the Iudge or officer so reprehended did alledge that his defect grew from the difficultie of the case insomuch as he durst not aduenture vpon it then the case being shewed and so found the Lord steward together with the Constable of England there in the presence of the King and Parlament might elect 25. persons or more or fewer according to their discretion and the case or cases in question some Earles some Barons some Knights some Citizens and Burgesses which vpon deliberation should set downe what they thought iust and equal and their decree being read and allowed by Parlament did stand as a law for euer fardermore if the Chaunceler or other Iudge or officer could not well approue that the delay of iustice complained of grew from iust difficultie by reason that the case in question was formerly determined by lawe or statute then might the steward on the Kings behalfe admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parlament was wont to remoue him and assigne another of better hope to the place Lastly if the king had about him any such euill Counceller as aduised him to things vniust or vnanswerable to his Maiestie as tending either to the disherifon of the Crowne publike hurt or destruction of the subiect The office of the Steward was taking to him the Constable and other great men with some of the Commons and giuing notice to the King of their intention to send to that Counseler and will him to desist from misleading the king yea if need so required to charge him to stay no longer about him but to depart from the Court which if he neglected to performe then they might send to the King and will him to remoue him and if the king refused then they might take him as a publike enemie to the King and Realme seise on his goods and possessions and commit his body to safe custody vntill the next Parlament there to be Iudged by the whole kingdome examples are brought of Godwin Earle of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earle of the same County in the reigne of Henry the third and of Peter Gaueston in Edward the seconds daies But experience as I said hath found this officer more daungerous then profitable and therefore hath time taught though not wholly to suppresse him yet to limite him to particular occasion and to restraine his power Then is there the Steward of the Kings most honourable houshould anno 24. H. 8. cap. 13. whose name is changed to the name of great Master anno 32. eiusdem cap. 39 But this statute was repealed by anno prim Mar. 2. Parlam cap. 4 and the office of the Lord Steward of the Kings houshold reuiued where you may at large reade diuers things touching his office As also in Fitzh nat br fol. 241. B. Of this Officers auncient power reade Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33. H. 8. cap. 12. To be short this word is of so great diuersitie that there is not a corporation of any accompt or house of any honour almost through the realme but it hath an officer toward it of this name A steward of a maner or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienare It signifieth in our Language generally a man borne out of the land or vnknowne but in the lawe it hath an especiall signification for him that is not priuie or a party to an act as a Straunger to a iudgement oldna br fol. 128. is he to whome a iudgement doth not belong And in this signification it is directly contrarie to partie or priuie See Priuie Submarshall submarescallus is an officer in the Marshal sea that is deputie to the chiefe Marshall of the Kings house commonly called the Knight Marshall and hath the custody of the prisoners there Cromptons Iurisdict fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chauncerie vpon such case onely as the common lawe faileth in and hath not prouided
otherwise suffereth death for his transgression Clerico addmittendo is a writ directed to the bishop for the admitting of a clerk to a benefice vpon a Ne admittas tryed founde for the party that procureth the writ Regist orig fo 31. 6. Clerico captoper statutū mercatorum c. is a writ for the deliuery of a clerk out of prison that is imprisoned vpon the breach of a statut merchant Register orig fo 147. Clerico conuicto commisso gaolae in defectu ordinarii deliberando c. is a writ for the deliuery of a clerk to his ordinary that formerly was conuicted of felony by reason his ordinary did not chalenge him according to the priuiledge of clerks Register orig fo 69. a. Clerico infra sacros ordines constituto non elegendo in officium is a writ directed to the bay lifs c. that haue thrust a bayliwick or bedelship vpō one in holy orders charging them to release him againe Register orig fo 187. b. Clerk clericus hath two significations one as it is the title of him that belongeth to the holy ministery of the church that is in these daies either minister or deacon of what other degree or dignity soeuer though according to former times not only sacerdotes diaconi but also subdiaconi cantores acolyti exorcistae ostiarii were within this accoumpt as they be at this daye where the canon law hath full power And in this signification a clerk is either relegious otherwise called regular or secular anno 4. H. 4. ca. 12. The other signification of this word noteth those that by their function or course of life practise their penne in any court or other wise as namely the clerk of the rolles of parliament clerks of the Chancery and such like whose peculiar offices I purpose to set downe in order according to that knowledge that I could procure of them Clerke of the parlament rolles clericus rotulorum Parlamenti is he that recordeth all things done in the high court of Parlament and engrosseth them fairely into parhement rolles for their better keeping to all posteritie Of these there be two one of the higher another of the lower or common house Cromptons Iurisd fol. 4. 8. Smith de rep Anglor pag. 38. See also Vowels booke touching the order of the Parlament Clerke of the crowne in the chācerie clericus Coronae in Cancellaria is an officer there that by himselfe or his deputie is continually to attend the Lord Chanceler or Lord Keeper for speciall matters of estate by commission or the like either immediatly from his maiestie or by order of his priuy councell as well ordinary as extraordinary viz. commissions of lieuetenancies of Iustices errant and of assises of oyer and terrainer of gaol deliuery of the peace and such like with their writs of association and dedimus potestatem for taking of oathes Also all generall pardons vpon graunts of them at the kings coronation or at a parlament where he sitteth in the higher house at the Parlament time the writs of parlament with the names of knights and burgesses which be to be returned into his office He hath also the making of all speciall pardons and writs of execution vpon bonds of statute of the Staple forfeited which was annexed to his office in the raigne of Queene Mary in consideration of his continuall and chargeable attendance both these before being common for euery coursitour and clerk of court to make Clerk of the Crowne clericus Coronae is a clerk or officer in the Kings bench whose function is to frame reade and record all indictments against traitours felons and other offenders there arraigned vpon any publique crime He is otherwise termed Clerke of the Crowne office And anno 2. H. 4. ca. 10. he is called clerk of the crowne of the kings bench Clerk of the extreates clericus extractorum is a clerk belonging to the exchequer who termely receiueth the extreats out of the Lord treasurers remembrancer his office and writeth them out to be levied for the king He also maketh ceduls of such summes extreated as are to be discharged Clerk of assise clericus assisae is he that writeth all things iudicially done by the Iustices of assise in their circuits Cromptons Iurisd fo 227. Clerke of the pele clericus pellis is a clerk belonging to the exchequer whose office is to enter euery tellers bille into a parchement rolle called pellis receptorum and also to make another rolle of paiments which is called pellis exituum where in he setteth downe by what warrent the monie was paid Clerk of the warrants clericus warrantorum is an officer belonging to the court of common plees which entreth all warrants of atturney for plantiffe and defendant and enrolleth all deedes of indentures of bargaine and sale which are acknowledged in the court or before any iudges out of the court And he doth extreate into the exchequer all issues fines and amercements which growe due to the king any way in that court and hath a standing fee of ten pound of the king for making the same extreats See Fitzh nat br fo 76. in prin Clerk of the petit bagge clericus parvae bagiae is an officer of the chawncerie of which sort there be three and the master of the Roles their cheife Their office is to record the returne of all inquisitions out of euerie shire all liveries granted in the courte of wardes all ouster les mains to make all patents of customers gawgers controllers and aulnegers all conge d' eslires for Bishops all liberateis vpon extents of statute staples the recouerie of Recognisances forfeited and all Elegits vpon them the summons of the nobilitie clergie and burgeses to the Parlament commissions directed to knights and other of euery shire for seassing of the subsidies Writs for the nominations of collectours for the fiftenthes and all traverses vpon any office bille or otherwise and to recieue the money due to the king for the same This officer is mentioned anno 33. H. 8. ca. 22. Clerk of the Kings great wardrobe clericus magnae garderobae regis is an officer of the Kings house that keepeth an account or Inventarie in writing of all things belonging to the kings wardrobe This officer is mentioned anno 1. Ed. 4. ca. 1. Clerk of the market clericus merketi is an officer of the kings house anno 1. Ed. 4. cap. 1. anno 13. R. 2. ca. 4. whose dutie is to take charge of the kings measures and to keepe the standards of them that is the examples of all the measures that ought to be through the land as of elns yards lagens as quarts pottels gallons c. of weights bushels and such like and to see that all measures in euerie place be answerable vnto the said standard Fleta li. 2. ca. 8. 9. 10. 11. 12. of which office as also of our diuersitie of weights and measures you may there finde a treatise worth the reading Britton also in
Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi 〈…〉 See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed away by another old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a writ that lyeth against him that is an heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miserâ—â—rdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of
space of 200. yeares was farre spred in Christendome and namely here in England But at the last the cheife of them at Hierusalem being as some men say found to fall away to the Sazarens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Ed. the 1. daies and their substance giuen partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mnndi parte 9. Consid 5. and See anno prim Ed. 1. cap. 42. Others wright that in truth their destruction grewe from leaning to the Emperour against the Pope of Rome what soeuer was pretended Ioach. Stephanus De iurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parlament and be two Knights or other gentlemen of worth that are chosen in pleno Comitatu by the free holders of euery Countie that can dispend 40. shillings per annum and be Resient in the shire anno 10. H 6. cap. 2. anno 1. H. 5. cap. 1. vpon the Kings writ to be sent to the Parlament and there by their counsell to assist the common proceedings of the whole Realme These when euery man that had a Knights fee were custumarily constreined to be a Knight were of necessity to be milites gladio cincti for so runneth the tenour of the writ at this day Cromptons Iurisdict fol. pri But nowe there being but fewe Knights in comparison of former times many men of great liuing in euery county Custome beareth that Esquiers may be chosen to this office anno 23. H. 6. ca. 6. so that they be resient within the countie anno H. 6. cap. 7. anno 1. H. 5. cap. prim For the obseruations in choice of these knights see the statutes anno 7. H. 4. cap. 15. anno 11. eiusdem cap. 1. anno 6. H. 6. cap. 4. anno 23. H. 6. cap. 15. and the new booke of Entries verbo Parlament nu 1. Their expences during the Parlament are borne by the County anno 35. H. 8. cap. 11. Knight Marshiall Marescallus hospitii Regii is an officer in the kings house hauing iurisdiction and cognisance of any transgression within the kings house and verge as also of contracts made within the same house whereunto one of the house is a partie Register orig fo 185. a. b. fo 191. b. whereof you may there reade more at large Knights fee Feudum militare is so much inheritaunce as is sufficient yearely to maintaine a knight with conuenient reuenew which in Henry the. 3. daies was fifteene pounds Camdeni Britan. pag. â—11 or 680. acres of land or 800. acres eodem But S. Thomas Smith in his Repub. Angl. lib. pri cap. 18. rateth it at fourtie pound And I finde in the statute for knights anno pri Ed. 2. cap pri that such as had 20. pound in fee or for terme of life per annum might be compelled to be knights M. Stowe in his annals pag. 285. saith that there were found in England at the time of the Conqueror 60211. Knights fees others say 60215. whereof the religious houses before their suppression were possessed of 28015. Knights fee is sometime vsed for the rent that a knight payeth for his fee to his Lord of whom he houldeth And this is an vncertaine summe some houlding by fortie shillings the sheild some by twenty shillings as appeareth by Bracton lib. 5. tract pri cap. 2. Knighten Gylde was a Gylde in London consisting of 19. knights which king Edgar founded giuing vnto them a portion of void ground lying without the walls of the city now called Portesoken ward Stow. in his Annals pag. 151. L LAborariis is a writ that lieth against such as hauing not whereof to liue doe refuse to serue or for him that refuseth to serue in summer where he serued in winter orig Register fol. 189. b. Laches commeth of the French lascher i. laxare or lusche i. frigidus ignavus flaccidus it signifieth in our common law negligence as no laches shal be adiudged in the heire within age Litleton fol. 136. and old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot haue an Assise but I must take mine action vpon the case Lagon See Flotzon Laised listes anno i. R. 3. cap. 8. Land tenent anno 14. Ed. 〈◊〉 stat 1. cap. 3. anno 23. eiusdem cap. 1. 26. eiusdem stat 5. cap. 2. See Terre-tenent anno 12. R. 2. cap. 4. anno 4. H. 4. cap. 8. it is ioyned with this word Possessor as Synonymon v. anno 1. H. 6. cap. 5. See Terretenent Lanis de crescentia Walliae traducendis abque custuma c. is a writ that lyeth to the customer of a porte for the permitting one to passe ouer wolles without custome because he hath paid custome in Wales before Register fol. 279. Lapse Lapsus is a slippe or departure of a right of preseÌ„ting to avoide benefice from the originall patron neglecting to present within six monethes vnto the Ordinary For we say that benefice is in lapse or lapsed wherevnto he that ought to present hath omitted or slipped his oportunitie anno 13. Eliz. cap. 12. This lapse groweth as well the Patron being ignorant of the auoydance as priuie except onely vpon the resignation of the former Incumbent or the depriuation vpon any cause comprehended in the statute anno 13. Eliz. cap. 12. Panor in cap. quia diuersitatem nu 7. de concess praebend Rebuffus de devolut in praxi beneficiorum Lancelotus de collation lib. 1. Institut canon § Tempus autem In which cases the Bishop ought to giue notice to the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Symbol titulo Inditements to be theft of personall goods or chatels in the owners absence and in respect of the things stollen it is either great or small Great Larceny is wherin the things stolne though seuerally exceede the value of 12. pence and petit Larceny is when the goods stolne exceede not the value of 12. pence hitherto M. West But he differeth from Bracton lib. 3. tract 2. c. 32. n. 1. Of this see more in Stawnf pl. cor l. 1. cap. 15. 16. 17. 18. 19. Laghslite is compounded of lah. i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb explicat of Saxon words verbo Mulcta Last is a Saxon word signifiing a burden in generall as also particularly a certaine weight for as we say a last of hering so they say Ein last corns last wines c. thence commeth lastage which see in Lestage A last of hering conteineth 10. thousand an 31. Ed. 3. stat 2. cap. 2. a last of pitch and tarre or of ashes conteineth 14. barrels anno 32. H. 8. cap. 14. a last of hides
dwelling on the Marches of Wales or Scotland who in times past as M. Camden saith pag. 453. had their priuate lawes much like as if they had beene Kings which now be worne out Of these Marchers you may reade anno 2. H. 4. cap. 18. anno 26. Hen. 8. cap. 6. anno 1. Ed. 6. cap. 10. where they are called Lord Marchers See anno 27. Hen. 8. cap. 26. howe these were extinguished Mareshall Mariscallus is a French word signifying as much as Tribunus Celerum or Tribunus militum with the auncient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de Nobilitate ca. 8. p. 42. nu 17. The french word may seeme also among many other that they haue to proceede from the German Marschalk i. equitum magister which Hotoman in verbis feudalibus verbo Marschalkus deriueth from the old word March signifiing a house with whome agreeth Lupanus de Magistratibus Eranciae lib. pri ca. Marcshallus Others make it of these two Saxon words Mar. i. equus and scalch i. praefectus or as M. Verstegan saith from Mare the generall appellation of all horses as hors is now in Englishe and Scalc which in the auncient language of the Netherlanders he affirmeth to signifie a kind of seruant as Scalco doth at this day among the Italians being originally a Dutch word with vs there be diuers officers of this name but one most noble of all the rest who is called Lord or Earle Marshall of England of whome mention is made in diuers statutes as anno 1. H. 4. ca. 7. 14. anno 13. Rich. 2. ca. 2. His office consisteth especially in maters of warre and armes as well with vs as in other countries whereof you may reade in Lupanus vbi supra and Tilius li. 2. ca. de Conestabili Mariscallo c. But he that will knowe the office of our Lord Marshall had neede beside the fewe statutes which concerne him to read his commission and also to haue acces to the Heradls who out of their antiquities are able to discouer much that by prescription belongeth vnto this office The next to this is the Marshal of the Kings house whose especiall authoritie is according to Britton and M. Gwin in the preface to his reading in the Kings place to heare and determine all plees of the Crowne and to punish faults committed within the verge to heare and determine suites betweene those of the kings houshold and others within the verge Cromptons Iurisdict fol. 102. of him you may reade Fitzh nat br fol. 241. B. and anno 18. Ed. 3. statut 2. ca. 7. anno 27. Ed. 3. stat 2. c. 6. an 2. H. 4. c. 23. a. 15. H. 6. c. 1. Fleta saith that the office of the Marshall of the kings house belongeth to the Earle of Northf in fee and that he may appoint with the Kings consent a Knight vnder him to execute the office which office he also describeth to be especially to execute the iudgements decrees of the Steward to haue the keeping of the prisoners li. 2. cap. 4. and read farder of his office in the 5. chapter of the said booke which is to dispose of the Lodging in the Kings houshold vnder the Chamberlaine and to cleere the Verge of strumpets c. anno 5. Hen. 3. statut 5. Then be there other inferiour officers of this name as Marshall of the Iustices in Eyre anno 3. Ed. 1. ca. 19. Marshall of the Kings bench anno 5. Ed. 3. ca. 8. and this is he which hath the custodie of the prison called the Kings bench in Southwarke Fitzh nat br fol. 251. I. And these inferiour Marshalls be either ad placitum or in fee Kitchin fol. 143. I finde also in Fleta li. 2. ca. 15. mention of a Marshall of the Kings hall whose office is when the tables be prepared and clothes laide to call out both those of the houshold and straungers according to their worth and decently to place them to reiect vnworthy persons to knowe the number of the hall and to testifie it at the next accompt to see dogs kept out to saue the almes from filching to see filence kept and euery man competently serued with meate and drinke and when the courte remoueth to appointe euery one of the houshold his lodging There is also a Marshall of the esche quer anno 51. H. 3. sta 5. to whome the courte committeth the custody of the kings debters during the terme time to the end they may be farder imprisoned if they cleere not their debts He also assigneth Shyreeues escheators customers and collectors their auditours before whome they shall accompt He hath all inquisitions taken before escheators virtute officii deliuered vnto him to be deliuered by him to the treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshall or word for word the seate of the Marshall of whome see Cromptons Iurisdict fol. 102. It is also vsed for the prison in Southwarke the reason whereof may be because the Marshall of the kings house was wont perhaps to sit there in iudgment See the statute anno 9. R. 2. cap. 5. anno 2. Hen. 4. ca. 23. Martiall lawe is the law that dependeth vpon the voice of the king or the kings leiuetenent in warres For how be it the king for the indifferent and equall temper of lawes to all his subiects doe not in time of peace make any lawes but by the consent of the three estates in Parlament yet in warres by reason of great daungers rising of small occasions he vseth absolute power in so much as his word goeth for law And this is called Martiall law Smith de repub Angli li. 2. c. 3. See Law of armes Mariage Maritagium signifieth not onely the coupling together of man and wife but also the interest of bestowing a ward or a widow in mariage Magna charta ca 6. anno 9. He. 3. and Bracton lib. 2. ca. 3. and also it signifieth land giuen in mariage Bracton li. 2. ca. 34. 39. And in this signification the same authour saith that Maritagium est aut liberum aut seruitio obligatum li. 2. ca. 7. nu 3. 4. Liberum maritagium dicitur vbi donator vult quòd terra sic data quieta sit libera ab omni seculari seruitio quod ad Dominum feudi possit pertinere et ita quòd ille cui sic data fuerit nullum omninò inde faciat seruitium vsque ad tertium haeredem vsque ad quartum gradum ita quòd tertius heres sit inclusivus See the rest See also Skene de verbo significatione verbo Maritagium who is worth the reading Maritagio amisso per defaltam is a writ for the tenent in frank mariage to recouer lands c. whereof he is deforced by another Regist fol. 171. Maritagio forisfacto is a writ See Forisfactura Maritagii Marke merca commeth of the Saxon
his auncienter Lord by prioritie and of his later Lord by posterioritie Stawn praerog fol. 10. 11. when one tenent holdeth of two Lords of the one by prioritie of the other by posterioritie c. old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifieth the buying of lands or tenements with money or other agreement and not the obtaining of it by title or discent Coniunctum perquisitum Ioynt pourchase Regist originall fol. 143. b. Pour faire proclaimer que nul eniect fimes ou ordures en fosses euriuers pres cities c. is a writ directed to the Maior Shyreeue or Bayliffe of a citie or towne coÌ„manding them to proolaime that none cast filth into the ditches or places neare adioyning and if any be cast alreadie to remoue it This is founded vpon the statut anno 12. Rich. 2. cap. 13. Fitzherb nat br fol. 176. Pourparty propars propartis vel propartia is contrarie to pro indiuiso For to make pourparty is to diuide and seuer the landes that fall to Parceners which before partition they hold ioyntly and pro indiuiso old nat br fol. 11. Pourpresture pourprestura vel perprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanuile lib. 9. cap. 11. Pourprestura est propriè quando aliquid super Dominum Regem iniustè occupatur Vt in Dominicis Regis vel in viis publicis abstructis vel in aquis publicis transuersis à recto cursu vel quando aliquis in ciuitate super Regiam plateam aliquid adificando occupauerit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel ciuitatis Crompton in his Iurisd fol. 152. defineth it thus Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not whether it be in any Iurisdiction land or fraunchis and generally when any thing is done to the Nusance of the kings tenents Et idem eodem fol. 203. saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his Forest lawes pag. 169. parte 2. cap. 10. per totum See Skene de verbor signif verb. Purpresture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a neighbour by a neighbour lying neare him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King seiseth vpon the land which the wife of his Tenent that held in capite disceased hath for her Dowrie if shee marry without his leaue and is grounded vpon the statute of the Kings prerogatiue cap. 3. see Fitzh fol. 174. Poursuyuant commeth of the French poursuiure i. agere agitare persequi It signifieth the Messenger of the king attending vpon him in warres or at the counsell table the Starre Chamber Exchequer or commission court to be sent vpon any occasion or message as for the apprehension of a party accused or suspected of any offence committed Those that be vsed in marshall causes be called Poursw 〈…〉 t s at armes anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his bodie was naked to the skinne notso much as one cloute about him and was trussed behinde a Pursuyuant at armes like a hogge or a calfe c. The rest are vsed vpon other messages in time of peace and especially in maters touching iurisdiction See Herald Pourueyour prouison commeth of the French pour 〈…〉 i. prouidere prospicere It signifieth an Officer of the King Queene or other great personage that prouideth corne and other victuall for the house of him whose Officer he is See magna charta cap. 22. 3. Ed. prim cap. 7. cap. 31. anno 28. eiusdem Articuli super chartas 2. and many other statutes gathered by Rastal vnder this title Powldauis anno 1. Iacob ca. â—4 Power of the countie posse c 〈…〉 tatus by M. Lamberds opinion in his Eirenar lib. 3. cap. 1. fol. 309. containeth the ayde and attendance of all Knights gentlemen yeomen labourers seruants apprentises and villaines and likewise of Wardes and of other young men aboue the age of fifteene yeeres within the countie because all of that age are bound to haue harnesse by the statute of Winchester But women ecclesiasticall persons and such as be decrepit or do labour of any continuall infirmitie shall not be compelled to attend For the statute 2. H. 5. cap. 8. which also worketh vpon the same ground saith that persons sufficient to trauell shall be assistant in this seruice Pounde parcus seemeth to signifie generally any inclosure of strength to keepe in beasts but especially with vs is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them vntill they be repleuied or redeemed And in this signification it is called a pound ouert or open pound being builded vpon the wast of some Lord within his fee and is called the Lords pownd For he provideth it to his vse and the vse of his tenents See Kitchin fol. 144. It is diuided into pound open and pound close pound open or ouert is not onely the Lordes pownd but a backside court yarde pasture or else what soeuer whether the owner of any beasts impounded may come to giue them meate and drinke without offence for their being there or his comming thither pound close is then the contrary viz. such a one as the owner cannot come vnto to the purpose aforesaide without offence as some close house or such like place Powndage is a Subsidie granted to the King of all maner of merchandies of euery merchant denizen and alien caried out of this realme or brought into the same by way of Merchandize to the valew of twelue pence in eeuery pound anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi cap. 33. Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which euery member or Canon of a Cathedrall church receiueth in the right of his place for his maintenance And though vse haue wrought the latine word into the nature of a Substantiue yet I thinke it originally to be an Adiectiue or participle and to haue bene ioyned with pars or portio as Canonica portio which is in a maner all one in signification How be it Canonica portio is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church and praebenda is a seuerall benefice rising from some temporall land or church appropriated toward the maintenance of a Clerke or member of a Collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends
Scutagium aut servitium regale licet ad vnum obulum vel seriantiam illud poterit dici feudum militare This free Soccage is also called common Socage anno 37. H. 8. cap. 20. Soccage in base tenure or villanum Soccagium is diuided againe in villanum Soccagium purum villenagium Villanum Soccagium est illud de quo fit certum seruitium idque ratione sui tenemēti non personae suae Purum villenagium est illud in quo praestatur seruitium incertum indeterminatum vbi sciri non poterit vespere quale seruitium fieri debet mane viz. vbi quis facere tenetur quicquid ei praeceptum fuerit Bracton lib. 2. cap. 8. num 3. The old nat br fol. 94. maketh three parts of this diuision viz. Soccage of free tenure Soccage of auncient tenure and soccage of base tenure soccage of free tenure is as the booke saith where a man holdeth by free seruice of 12. pence by yeare for all maner of seruices or by other seruices yearely Soccage of auncient tenure is of land of auncient Demesn where no writ originall shall be siewed but the writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hould in Soccage and may haue none other writ but the Monstraverunt and such Sockmen hould not by certaine Seruice And for that are they not free Sockmen Then againe Soccage is diuided into soccage in cheife and common soccage Soccage in cheife or in capite is that which holdeth of the King as of his Crowne Praerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or maner Ibidem Burgage is also a kinde of Soccage See Burgage Sockmans Sockmanni are such tenents as hould their lands and tenements by Soccage tenure And accordingly as you haue 3. kinds of Soccage soe be there 3. sorts of sockmans as sockmans of frank tenure Kitchin fol. 81. sockmans of anncient Demesn ould nat br fol. 11. and Sockmans of base tenure Kitchin vbi supra But the tenents in auncient Demesn seeme most properly to be called Sockmans Fitzh na br f. 14. B. Brit. c. 66. n. 2. Soke anno 32. H. 8. cap. 15. cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus lib. 1. cap. 47. § Soke See Roger Houeden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Register originall fol. 1. a. Sokereue seemeth to be the Lords rent gatherer in the Soke or Soken Fleta lib. 2. cap. 55. in principio Sole tenent Solus tenens is he or shee which holdeth onely in his or her owne right without any other ioyned For example if a man and his wife hould land for their liues the remainder to their son here the man dying the Lord shall not haue Heriot because he dieth not sole tenent Kitchin fol. 134. Solicitour Solicitator commeth of the French Soliciteur It signifieth in our commō law a man imploied to folow suites depending in law for the beter remembrance and more case of Atturnies who commonly are so full of clients and busines that they cannot so often attend the seriants and counsellers as the case may require Solet Debet See Debet solet Solidata terrae see Farding deale of land Sollace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our common law as much as vocatio in ius or citatio among the Ciuilians And thence is our word somner which in French is semonneur i. vocator monitor The Custumary of Normandie for our sommons hath semonse ca. 61. summons of the Exchequer anno 3. Ed. pri ca. 19. anno 10. eiusdem cap. 9. How summons is diuided and what circumstances it hath to be obserued See Fleta lib. 6. cap. 6. 7. Solutione feodi militis Parlamenti and solutione feodi Burgen Parlamenti be writs whereby Knights of the Parlament may recouer their allowance if it be denyed anno 35. H. 8. ca. 11. Sontage Stow. pag. 284. is a taske of fourty shillings laid vpon euery Knights fee. Sorting Kerseies 3. Iacobi ca 16. Sothale is a kinde of intertainment made by Bayliffes to those of their Hundreds for their gaine Which sometime is called Filctale Of this Bracton lib. 3. tracta 2. cap. pri hath these words De Balliuis quifaciunt ceruisias suas quas quandoque vocant sothale quandoque Filctale vt pecunias extorque ant ab eis qui sequntur Hundreda sua Baliuas sitas c. I thinke this should rather be written Scotale See Scotale Southvicont Subvicecomes is the vnder Shyreeue Cromptone Iurisdict fol 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their art signifiing so much as to be leuiable or possible to be gathered or collected For example estreats that sowne not are such as the Shyreeue by his industry cannot get and estreats that sowne are such as he can gather anno 4. H. 5. ca. 2. Speaker of the Parlament is an officer in that high Court that is as it were the common mouth of the rest and as that honourable assembly consisteth of two houses one called the higher or vpper house consisting of the King the nobility and Kings councell especially appointed for the same the other termed the lower or commonhouse containing the Knights of the Shires the citizens barons of the cinque ports and the burgeses of borough townes so be there also two speakers one termed the Lord speaker of the higher house who is most commonly the Lord Chaunceler of England or Lord Keeper of the great seale the other is called the speaker of the lower house And the duties of these two you haue perticularly described in M. Vowels aliâs Hookers booke intituled The order and vsage of keeping the Parlament Speciall mater in euidence See Generall issue And Brooke titulo Generall issue and speciall euidence Spiritualties of a Bishop spiritualia Episcopi be those profits which he receiueth as he is a Bishop and not as he is a Baron of the Parlament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefite growing from ordering and instituting Priests prestation money that subsidium charitatiuum which vppon reasonable cause he may require of his Clergie Iohannes Gregorius de Beneficiis cap. 6. num 9. and the Benefite of his Iurisdiction Ioachimus Stephanus de Iurisd lib. 4. cap. 14. num 14. for these reckoneth exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem subsidium charitatiuum celebrationem synodi collationem viatici vel commeatus cùm Episcopus Romam proficiscitur ius hospitii Litaniam Processionem Spikenard spica nardi vel nardus is a medicinall herbe whereof you may for your farder instruction
giuen to matrimonie Fourthly at 14. yeares she is enabled to receiue her land into her owne hands and shall be out of ward if she be of this age at the death of her ancestor Fiftly at sixteene yeares she shal be out of ward though at the death of her auncestor she was within the age of fourteen yeres The reason is because then she may take a husband able to performe Knights seruice Sixtly at 21. yeares she is able to alienate her lands and tenements Instit iure com cap. 24. Touching this mater take further these notes perspicuously gathered At the age of 14. yeares a striplin is enabled to chuse his owne guardian and to claime his land holden in socage Dyer fol. 162. which Bracton limiteth at fifteene yeares li. 2. cap. 37. num 2. with whom Glanvile also agreeth lib. 7. cap. 9. And at the age of fourteene yeares a man may consent to mariage as a woman at 12. Bracton vbi supra At the age of fifteene yeres a man ought to be sworne to keepe the kings peace anno 34. Edw. 1. Stat. 3. The age of 21. yeares compelleth a man to be knight that hath twentie pounds land per annum in fee or for tearme of life anno 1. Edw. 2. stat 1. and also enableth him to contract and to deale by himself in all lawfull causes appertaining vnto his estate Which vntill that time he cannot with the security of those that deale with him This the Lombords settle at 18. yeares as appeareth by Hotomans disputations in libros feudorum l. 2. c. 53. ver decimo octauo anno which power the Romans permitted not vsque ad plenam maturitatem and that they limited at 25. yeares lib. 1. in fine Î . de maior 25. an l. fin Co. de Legit tut in principio titulo de curat in Institut The age of twelue yeares bindeth to appearance before the Sheriffe and Coroner for enquirie after roberies an 52. H. 3. cap. 24. The age of 14. yeares enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minoritie hauing an actioÌ„ brought against him for lands coming to him by discent that the action may rest vntill he come to his full age which the Court in most cases ought to yeeld vnto This is otherwise in the ciuill lawe which inforceth children in their minoritie to answer by their tutors or curatours Î . de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gift 1. iacet hauing gasir in the Infinitiue moode whence commeth the nowne gisme a lying in child-bed or rather of gister i. stabulari a word proper to a Deare cùm sub mensem Maium è locis abditis in quibus delituit emigrans in loco delecto stabulari incipit vnde commoda propinqua sit pabulatio Budaeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or it may be probably deduced from the Saxon word Gast 1. hospes It signifieth in our common lawe to take in and feede the â—â—tell of straungers in the kings forest and to gather the money due for the same to the kings vse Charta da Foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem cap. 8. Cromptons iurisdic fol. 146. These are made by the kings leters patents vnder the great seale of England of whom the King hath foure in number within euery forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these foure points in agist ando recipiendo imbreviando certificando Manwood parte prima Of Forest lawes p. 336. 337. whome you may reade more at large Their function is tearmed Agistment as agistment vpon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or coÌ„cord of more to one thing this by the author of the newe tearmes of lawe is either executed or executory which you may read more at large in him exempified by cases Ayde auxilium is all one in signification with the French aide and differeth in nothing but the onely pronunacitioÌ„ if we take it as it is vsed in our vulgar language But in the common lawe it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from tenents to their Lords as toward the releife due to the Lord Paramount Glanvile li. 9. cap. 8. or for the making of his sonne knight or the marying of his daugnter idem eodem This the King or other Lord by the auncient lawe of England might lay vpon their tenents for the knighting of his eldest sonne at the age of 15. yeares or the mariage of his daughter at the age of seuen yeares Regist orig fol. 87. a. and that at what rate them selues listed But the Statute Westmin 1. anno 3. Edw. 1. ordained a restraint for to large a demand made by common persons being Lords in this case and tyed them to a certaine rate And the Statute made anno 25. Ed. 3. stat 5. cap. 11. prouideth that the rate set downe by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. ca. 10. This imposition seemeth to haue descended to vs from Normandie for in the grand custumarie cap. 35. you haue a Tractate intituled des aides chevelz 1. de auxilys capitalibus whereof the first is a faire l'aynè filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre an Duc. i. ad corpus dominisui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassanaeus de coÌ„suet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis descis 131. where he calleth it adiutorium pro maritanda filia Whence it appeareth that this custome is within the kingdome of Naples also Touching this likewise you may reade these words in Maenochius lib. 2. de arbitrat Iud. quast centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in carum ditionibus privilegia multasque cum locorum incolis connentiones inter quas illa vna solet nominari vt possit Dominus collectam illis indicere pro solutione dotium suarum filiarum cura matrimonio collocantur Hoc aliquando Romae observarum à Caligulafuisse in illius vita
scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitiorū ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitā maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grādfather or great grandfather called of our common lawyers besayle but in true French bisaieul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearāce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke Denizen 4. c. And in this case a man born out of the land so it be within the limits of the Kings obedience beyond the sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer vpō complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir 〈◊〉 superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
into a booke after a survey made of them now remaining in the exchequer and called Domes day looke And those which by that booke doe appeare to haue belonged to the crowne at that time and at 〈◊〉 conteined vnder the title Terrae regis be called aunciēt demeasn Kitchin fo 98. and M. Gwin in the preface to his readings Of these tenents there were two sorts one that held their land frankely by charter and another that held by copy of court rolle or by verge at the will of the Lord according to the custome of the maner Fitzh nat br fo 14. d. of which opinion also Brittonis ca. 66. nu 8. The benefite of this tenure consisteth in these points first the tenents of a manner holding freely by charter in this sort cannot be impleaded out of the same maner and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for al things concerning their sustenāce husbādry Thirdly they may not be ēpaneled vpō any ēquest Terms of the law but more at large by Fitzh nat br fo 14. d. whome reade as also fo 128. a. c. And as it appeareth by him eodem fo 4. B. C. these tenents held by the service of plowing the kings land by plashing his hedges or by suche like toward the maintenance of the kings household in which regard they had such liberties giuen them wherin to avoide disturbance they may haue writs to such as take the duties of tolle in any market or feire as likewise for immunitye of portage passage such like Fitzh nat br f. 228. A. B. C. D. by which author it also appeareth that no lands be to be accompted auncient demeasn but such as are holden in socage fo 13. D. et 14. B. C. See Monstraverunt and Firtzh fo 14. and Dessendo quietum de telonio fo 226. Fleta maketh three tenures holding of the crowne auncient demeasn by escheate by purchase li. 1. ca. 20. See Demaine Auncient Demesn arere antiquum dominicum à retro is that aūcient demesn which the king graunteth ouer to hold of a maner Kitchin fo 67. b. Avowè advocatus see Advowè Britton saith that Avowè is he to whome the right of advowzen of any Church appertaineth so that he may present thereunto in his owne name and is called avowè for a difference from those that sometime present in another mans name as a gardiā that presenteth in the name of his warde and for a difference also from them which haue the lands whereunto an advowzen appertaineth but onely for tearme of their liues or of yeares or by intrusion or desseisin ca. 92. Avowrie See Advowrie Avoir de pois is in true French avoir du poix i. habere pondus aut iusti esse ponderis It signifieth in our common lawe two things first a kinde of weight divers from that which is called Troy weight conteining but 12. ounces to the pound where as this conteineth sixteene And in this respect it may be probably coniectured that it is so called because it is of more weight then the other Then also it signifieth such merchandize as are waied by this weight and not by Troy weight as in the statute of York anno 9. Ed. 3. in prooem anno 27. Ed. 3. Statuto 2 ca. 10. at anno 2 Rich. 2. cap. 1. See Weights Auxilium ad filium militem faciendum filiam maritandam is a writ directed to the Shyreeue of euery countie where the king or other lord hath any tenents to leuye of them reasonable ayde toward the knighting of his son and the mariage of his daughter See Ayde and Fitz. nat br fol. 82. B BAcheler Bachalaureus cōmeth of the French Bachalier i. tyro and thereupon I thinke those that be called Bachelers of the Companies in London be such of each company as be springing toward the estate of those that be imployed in Coūcel but as yet are inferiors For euery cōpany of the twelue consisteth of a Master two Wardens the Liuerie which are assistants in matter of Councell or at the least such as the Assistants be chosen out of and the Bachelers which are yet but in expectance of dignitie among them and haue their function onely in attendance vpon the Master and Wardens I haue read in an old monument this word Bacheler attributed to the Lord Admirall of England if he be vnder a Baron in French words to this effect and it is to weet that when the Admirall rideth to assemble a snippe of warre or other for the businesse and affaires of the Realme if he be a Bacheler he shall take for his day wages 4. 〈◊〉 sterling if he be an Earle or Baron he shall take wages after the rate of his estate and degree This word is vsed anno 13. R. 2. stat 2. cap. i. signifieth as much as Bacheler Knight doth anno 3. Ed. 4. cap. 5. that is a simple Knight not a Knight baneret See Banaret Touching the farder etymologie of this word Bachalarii teste Renano à bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur iam consecuti fuissent Vt fuerit velut quoddam mancipationis signum in huiusmodi aliquod studium baculi traditio Alciat writeth the word baccalaurei eosque dicit visos à bacca laurea nomen sumpsisse in l. cui praecipua 57. Π. de verbo significa Backberond is a Saxon word and almost English at this day signifying as much as bearing vpon the backe or about a man Bracton vseth it for a signe or circumstance of manifest theft which the Civilians call furtum manifestum For dividing furtum in manifestum non manifestum he defineth furtum manifestum in this sort Furtum verò manifestū est vbi latro deprehensus est seisitus de aliquo latrocinio sc hand habend backberend insecutus fuerit per aliquem cuius res illa fuerit li. 3 tract 2. cap. 32. Master Manwood in the second part of his forest lawes noteth it for one of the 4. circumstances or cases wherein a Forester may arrest the bodie of an offender against vert or venison in the Forest For by the assise of the Forest of Lancaster saith he taken with the maner is when one is found in the kings Forest in any of these foure degrees sc stable stand dogge drawe backe beare and bloudie hand In which place you may find all these interpreted Badger cōmeth of the French bagage i. sarcina impedimentū It signifieth with vs one that buyeth corne or victuals in one place and carieth it into another See Cromptons Iustice of peace fol. 69. 70. Baye or penne is a pond head made vp of a great heith to keep in a great quantitie or store of water so that the wheeles of the fornace or hammer belonging to an Iron mill may stand vnder them and be driuen by the
impleaded of certaine lands and I vouch to warrant another against whom the summons ad warrantizandum hath bene awarded and the Shyreeue commeth not at the day giuen then if the demandant recouer against me I shall haue this writ against the vouchee and shall recouer so much in value of the land of the vowchee if he haue so much and if he haue not so much then I shall haue execution of such lands and tenements as descend vnto him in fee-simple or if he purchase afterward I shall haue against him a resummons and if he can nothing say I shall recouer the value And note ye that this writ lyeth before apparence Thus farre goeth the booke Of these and the diuers vses of them see the Table of the Register iudiciall verbo Cape Capias is a writ of two sortes one before iudgement called Capias ad respondendum in an action personall if the Shyreeue vpon the first writ of distresse returne nihil habet in baliua nostra and the other is a writ of execution after iudgement being also of diuers kindes viz. Capias ad satisfaciendum Capias pro fine Capias vtlagatum Capias vtlaga 〈…〉 inquiras de bonis catallis Capias ad satisfaciendum is a writ of execution after iudgement lying where a man recouereth in an action personall as debt or dammages or detinew in the kings court and he against whome the debt is recouered and hath no lands nor tenemēts nor sufficient goods wherof the debt may be leuied For in this case he that recouereth shal haue this writ to the shreue commanding him that he take the body of him against whome the debt is recouered and he shal be put in prison vntill satisfaction be made vnto him that recouered Capias pro fine is where one being by iudgement fined vnto the king vpon some offence committed against a statut doth not discharge it according to the iudgement For by this is his body taken and committed to prison vntill he content the king for his fine Coke li. 3. fo 12. a. Capias vtlagatum is a word of execution or after iudgement which lyeth against him that is outlawed vpon any suite by the which the shyreue vpon the receite thereof apprehendeth the party outlawed for not appearring vpon the exegend and keepeth him in safe custodie vntill the day of returne assigned in the writ and then presenteth him vnto the court there farder to be ordered for his contempt Capias vtlagatum inquiras de bonis catallis is a writ al one with the former but that it giueth a farder power to the shyreeue ouer and beside the apprehension of the body to inquire of his goods and cattels The forme of all these writs see in the ould nat br fo 154. and see the Termes of law verbo Proces Lastly you may finde great variety of this kinde in the table of the Register iudiciall verbo Capias Capias in Withernamium de averijs is a writ lying for catell in Withernam Register orig fo 82. 83. see Withernam Capias in Withernamium de homine is a writ that lyeth for a seruant in Withernam Regist or fo 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking vp of such as hauing receiued prest mony to serue the king slink away and come not in at their time assigned Register orig fo 191. Captaine aliàs capitayne capitaneus commeth of the French capitaine and signifieth with vs him that leadeth or hath charge of a companie of souldiers and is either generall as he that hath the gouernance of the whole host or speciall as he that leadeth one only band The word capitanei in others nations signifieth more generally those that are in latine called principes or proceres because as Hottoman saith in verbis feudalibus tanquā caput reliquo corpori sic hij reliquis civibus praesunt He divideth them into two sorts and to vse his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelligūtur li. 1. feudo tit 1. § 1. ti 7. Alii impropriè qui vrbiū praefecti sunt quibus plebs ab aliquo superiorum gubernanda committitur qui vallasores regit maiores appellantur l. 1. feud tit 1. § 1. tit 7. tit 17. So we haue captaines of castels heere in England and other places as of the Isles of Gearsey and Gearnsey of the Isle of Weight c. Capite is a tenure which holdeth immediately of the king as of his crown be it by knights seruice or socage Broke tit Tenures 46. 94. Dyer fo 123. nu 38. fo 363. nu 18. not as of any Honour castell or maner and therefore it is otherwise called a tenure that holdeth meerely of the king because as the crowne is a corporation and seigneury in grosse as the common lawyers terme it so the King that possesseth the crowe is in accōpt of lawe perpetually King and neuer in his minoritie nor neuer dieth no more then populus doth whose authoritie he beareth See Fitzh nat br fo 5. F. Note by the way that a man may hold of the king and not in Capite that is not immediately of the crowne in grosse but by meanes of some Honour castel or maner belonging to the Crowne wherof I hold my land Whereof Kitchin saith well that a man may hold of the King by Knight seruice and yet not in capite because he holdeth happily of some honour by Knights seruice which is in the kings hands as by descent from his auncesters and not immediately of the king as of his crowne fo 129. with whome agreeth Fitzh nat br f. 5. K. whose words are to this effect So that it plainely appeareth that lands which be held of the king as of an honour castell or maner are not held in capite of the King because that a writ of right in that case shall be directed to the bayliffe of the honour castell or maner c. but when the lande be held of the King as of his crowne then they be not held of honour castell or maner but meerely of the King as King and of the Kings crowne as of a seigneury of it selse in grosse and the cheife aboue all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. n. 37. Author of the new termes verb. Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hould of the person of the King and not in capite His example is this if the King purchas a maner that I. S. houldeth the tenent shall hould as he held before and shall not render liuery or primier seisin nor hould in capite And if the king graunt that maner to W. N. in fee excepting the seruices of I. S. then I. S. holdeth of
the king as of the person of the king and yet houldeth not in caepite but as he held before So that by this booke tenuere houlding of the person of the king and tenure in capite are two diuers tenures To take away this difficulty I thinke M. Kitchin is in that place to be taken as if he saide not in capite by Knights seruice but by socage folowing the vsuall speech because most commonly where we talke of tenure in capite we meane tenure by Knights seruice Carno Cromptons iurisd fol. 191. is an imunity Carke seemeth to be a quantititie of wolle whereof thirtie make a Sarpler anno 27. H. 6. ca. 2. See Sarpler Carrack aliàs Carrick seemeth to be a shippe of burden so called of this Italian carrico or carco a burden or charge or of the spanish cargo you haue this word anno 2. R. 2. ca. 4. anno 1. Iaco. ca. 33. Carroway seedes aliàs Carruway seedes semen cari vel carei is a seed springing of the herbe so called of whose operation you may read in Gerards herball li. 2. ca. 396. It is reckoned among the merchandize that ought to be garbled anno i. Iaco. ca. 19. Carue of land carucata terrae commeth of the French charue i. aratrum and with vs is a certaine quantitie of land by the which the subiects haue some time bene taxed wherevpon the tribute soe leuied is called Carvage Caruagium Bracton li. 2. ca. 16. nu 8. It is all one with that which the same author lib. 2. ca. 17. calleth carucatam terrae For Litleton ca Tenure in socage saith that haec soca socae idem est quod caruca sc one sok or one plow land Yet one place I finde in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time king Henry tooke carvage that is to say two merks of siluer of euery knights fee toward the mariage of his sister Izabell to the Emperor where caryage cannot be taken for a plow land except there were some other farder division whereby to raise of euery plowe land so much and so consequently of euery Knights fee that is of euery 680. acres two merkes of siluer Rastall in his Exposition of words saith that caruage is to be quite if the lord the King shall taxe all the land by carues that is a priuiledge whereby a man is exempted frō carvage Skene de verb. signif ver Carucata terrae deriueth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a yere and day with one plough which also is called hilda or hida terrae a word vsed in the old Britaine lawes M. Lamberd among his precedents in the end of his Eirenarcha translateth carucatū terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certaine blacke round and long cods wherein is contained a pulpe soft pleasantly sweet seruing for many vses in Phisick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruite is mentioned in the statute anno 1. Iacob cap. 19. among drugges and spices that be to be garbled Cassia lignea is a sweet wood not vnlike to Cynamom and sometime vsed in steede of Cynamom Whereof you may read in Gerards Herball lib 1. ca. 141. This is called Cassia lignum in the Statute anno 1. Iacob cap. 19 and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captaine sometime called a Constable of a castell Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. īn like maner is it vsed anno 3. Ed. 1. cap. 7. In the bookes de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that haue the custodie of the Kings mansion houses called of the Lumbards curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest lawes pag. 113. saith that there is an officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laide vpon such of the kings subiects as dwell within a certaine compasse of any castell toward the maintenance of such as doe watch and ward the castell Magna charta cap. 20. anno 32. H. 8. cap. 48. It is vsed sometime for the very circuit it selfe which is inhabited by such as are subiect to this seruice as in Stowes annals pag. 632. Casu consimili is a writ of entrie graunted where the tenent by courtesie or tenent for terme of life or for the life of another doth alien in fee or in tayle or for tearme of anothers life And it hath the name of this for that the Clerkes of the Chauncerie did by their common consent frame it to the likenesse of the writ called In casu prouiso according to their authoritie giuen them by the Statute Westm 2. cap. 24. which as often as there chanceth any new case in Chancerie something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads together and to frame a new forme aunswerable to the new case and as like some former case as they may And this writ is graunted to him in the reuersion against the party to whom the said tenent so alienateth to his preiudice and in the life time of the said tenent The forme and effect whereof reade more at large in Fitz. nat br fol. 206. Casu proviso is a writ of entry giuen by the Statute of Glocecester cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life or in taile and lyeth for him in reuersion against the alienee Whereof reade F 〈…〉 cat br more at large fol. 205. Catals catalla aliâs chatels cōmeth of the Normans For in the 87. chapter of the grand Custumarie you shal find that al moueable goods with them are called chatels the contrary whereof is fief ibid. which we do call fee. But as it is vsed in our common law it comprehendeth all goods moueable and immoueable but such as are in the nature of free hould or parcell thereof as may be gathered out of Sawnf praero ca. 16. and anno Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla fo 32. saith that ready mony is not accompted any goods or catels nor haukes nor houndes The reason why hawks and hounds be not he giueth because they be ferae naturae why money is not though he set not downe the cause yet it may be gathered to be for that money of it selfe is not of worth but as by cōsent of men for their easier traficke or permutation of things necessary for common life it is reckoned a thing rather consisting in imagination then in deede Catals be either personall
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries 〈◊〉 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
hath in time wrought other vses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off intayles and with more certaintie to passe the interest or the title of any land or tenement though not controuerted to whome we thinke good either for yeares or in fee. In so much that the passing of a fine in most cases now is it but mera fictio iuris alluding to the vse for the which it was invented and supposing a doubt or controuersie where in truth none is and so not onely to worke a present prescription against the parties to the concord or fine and their heires but within fiue yeares against all others not expresly excepted if it be leuied vpon good consideration and without Couin as women couert persons vnder 21. yeares or prisoners or such as be out of the realme at the time when it was acknowledged Touching this mater see the statutes anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. anno 31. Elizab. ca. 2. This fine hath in it fiue essentiall parts the originall writ taken out against the conizour the kings licence giuing the parties libertie to accord for the which he hath a fine called the Kings siluer being accompted a part of the Crownes reuenew Thirdly the concord it selfe which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this maner Sc. Inter R. querentem S. E. vxorem eius deforciantes c. Fifthly the foot of the fine which beginneth thus Hac est finalis concordia facta in Curia domini Regis apud Westm à die Paschae in quindecim dies anno c. So as the foote of the fine includeth all containing the day yeare and place and before what Iustice the concord was made Coke vo 6. casu Teye fol. 38. 39. This fine is either single or double A single fine is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours or any of them A double fine containeth a graunt and render backe againe either of some rent common or other thing out of the land or of the land it selfe to all or some of the Cognizours for some estate limiting thereby many times Remainders to straungers which be not named in the writ of couenant West vbi supra sect 21. Againe a fine is of the effect deuided into a fine executed and a fine executory A fine executed is such a fine as of his owne force giueth a present possession at the least in law vnto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is vpon acknowledgement that the thing mentioned in the concord be ius ipsius cognizati vt illa quae idem habet de dono Cognitoris West sect 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the cognizour Cokes reports li. 3. the case of fines fo 89. b. which is in very deed the surest fine of all Fines executorie be such as of their owne force doe not execute the possession in the Cognizeese as fines sur cognizance de droit tantùm fines sur done graunt release confirmation or render For if such fines be not leuied or such render made vnto them that be in possession at the time of the fines leuied the cognizees must needs siew writs of Habere facias seisinam according to their seuerall cases for the obtaining of their possessions except at the leuying of such executory fines the parties vnto whom the estate is by them limited be in possession of the lands passed thereby for in this case such fines doe inure by way of extinguishment of right not altering the estate or possession of the Cognizee but perchaunce bettring it West vbi supra sect 20. Touching the forme of these fines it is to be considered vpon what writ or action the concord is to be made and that is most commonly vpon a writ of couenant and then first there must passe a paire of indentures betweene the Cognizour and Cognizee whereby the Cognizour couenanteth with the cognizee to passe a fine vnto him of such or such things by a day set down And these indentures as they are first in this proceeding so are they saide to lead the fine vpon this couenant the writ of couenant is brought by the Cognizee against the cognizour who therevpon yeeldeth to passe the fine before the Iudge and so the acknowledgement being recorded the cognizout and his heires are presently concluded and all straungers not excepted after fiue yeares once passed If the writ wherevpon the fine is grounded be not a writ of couenaunt but of warrantia chartae or a writ of right or a writ of mesn or a writ of custome and seruices for of all these fines may also be founded West vbi supra sect 23. then this forme is obserued the writ is serued vpon the party that is to acknowledge the fine and then he appearing doth accordingly See Dier fo 179. nu 46. This word fine sometime signifieth a summe of money paide for an Income to lands or tenements let by lease sometime an amends pecuniarie punishment or recompence vpon an offence committed against the king and his lawes or a Lord of a maner In which case a man is said facere finem de transgressione cum Rege c. Regist Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning see Cromptons Iustice of peace fol. 141. b. 143. 144. and Lamberds Eirenarcha libro 4. ca 16. pa. 555. But in all these diuersities of vses it hath but one signification and that is a finall conclusion or ende of differences betweene parties And in this last sence wherein it is vsed for the ending and remission of an offence Bracton hath it li. 2. ca. 15. nu 8. speaking of a common fine that the Countie payeth to the king for false iudgemēts or other trespasses which is to be assessed by the Iustices in Eyre before their departure by the oath of knights and other good men vpon such as ought to pay it with whome agreeth the statute anno 3. Ed. pri ca. 18. There is also a common fine in leetes See Kitchin fo 13. a. v. common fine See Fleta l. 1. ca. 48. Fines pro licentia concordandi anno 21. H. 8. c. 1. See Fine Fine force seemeth to come of the french adiectiue fin and the substantiue force i. vis The adiectiue fin signifieth sometime as much as
cap. 11. is the sorting or culling out the good from the bad As garbling of spice is nothing but to purifie it from the drosse and dust that is mixed with it It may seeme to proceed from the Italian garbo that is finenesse neatnesse Gard Custodia commeth of the French garde being all of one signification It signifieth in our common lawe a custodie or care of defence but hath diuers applications sometimes to those that attend vpon the safetie of the Prince called Yeomen of the Guard somtime to such as haue the education of children vnder age or of an Idiot sometime to a writte touching wardshippe Which writs are of three sorts one called a right of guard or ward in French droit de gard Fitzh nat br fol. 139. the second is eiectment de gard Idem fol. 139. L. the third is rauishment de gard Idem fol. 140. F. G. See Gardem see Ward Gardein Custos commeth of the French gardien and yet the German Warden is neare vnto it It signifieth generally him that hath the charge or custodie of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselues and their owne affaires as children and Idiots being indeede as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the gouernment of a youth vntill he come to 14. yeares of age and Curator he that hath the disposition and ordering of his substance afterward vntil he attaine to 25. yeares or that hath the charge of a franticke person during his lunacie the common Lawyers vse but onely Gardien or Gardian for both these And for the better vnderstanding of our English lawe in this thing you must know that as tutor is either testamentarius or à Praetore datus ex lege Atilia or lastly legitimus so we haue three sortes of Gardeines in England one ordained by the father in his last will another appointed by the Iudge afterward the third cast vpon the Minor by the lawe and custome of the land Touching the first a man hauing goods and chatels neuer so many may appoint a gardein to the bodie or person of his child by his last will and testament vntill he come to the age of fourteene yeares and so the disposing or ordering of his substance vntill what time he thinketh meet and that is most commonly to the age of 21. yeares The same may he do if he haue lands to neuer so great a valew so they hold not in capite of the king nor of any other Lord by knights seruice And in the former case if the father appoint no Gardein to his child the Ordinarie may appoint one to order his moueables and chatels vntill the age of 14. yeares at which time he may chuse his guardian accordingly as by the the ciuill lawe he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his lands if he hold any by copie of court rolle commonly the Lord of the fee appointeth him a guardian vntill he come to the age of 14. yeres and that is one next of kind to the Minor of that side that can hope for least profitby his death If he hold by charter in socage then the next of kind on that side by which the land commeth not is the guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octauo Edvardi primi statuto primo And the reason of this Fortescue giueth in his booke intituled A commendation of the politique lawes of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should haue the custody and education of the child that for desire of his land he might be entised to worke him some mischiefe Lastly if a man dye seised of lands holding by knights seruice leauing his heire in minoritie that is vnder 21. yeares the Lord of the fee hath by law the custodie both of the heire and his land vntill he come to age See the statute anno 28. Ed. prim statut prim And the reason of this Fortescue likewise giueth for that hee to whom by his tenure he oweth knights seruice when he can performe it is likeliest to traine him vp in martiall and ingenious discipline vntill he be of abilitie But Polidore Virgil in his Chronicle lib. 16. saith that this was Movum vectigalis genus excogitatum to helpe Henry the third being oppressed much with pouertie by reason he receiued the kingdome much wasted by the wars of his aun cestours and therefore needing extraordinarie helpe to vphold his estate yet the 33. chapter of the Grand Custumary maketh mention of this to haue bene vsed by the Normans and I thinke this the truer opinion Here it is to be obserued whether land in knights seruice hold in capite or of another Lord or some of the King and some of another If of the king whether of the king alone or not all is one For the king in this case is guardian to the heires both person and land by his prerogatiue Stawnf praerog cap. 1. If he hould of a common Lord it is either of one alone or more if of one onely then is he guardian of both person and lands if of more then the Lord of whome he houldeth by the elder tenure is guardian of the person and euery one of the rest hath the custodie of the land holden of him selfe If the prioritie of the tenure cannot be discerned then is he guardian of the person that first happeth him Termes of the lawe Stawnf vbi supra whom you may reade more at large which Author fol. 19. maketh mention of gardeyn in feit and Gardeyn in droit that is in deed and in lawe I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the land holdeth the second him that hath the right by his inheritance and seignorie old nat br fol. 94 Then is there gardein per cause de gard which is he that hath the wardship of a Minor because he is guardian of his Lord being likewise in minoritie Stawnf vbi supra fol. 15. Of this you may reade Skene de verb. signif verbo Varda by whom you may learn great affinitie and yet some difference betweene the lawe of Scotland and ours in this point Guardia is a word vsed among the Feudists for the Latine custodia and guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. tit 11. Gardeyn of the spiritualties Custos spiritualium vel spiritualitatis is he to whom the spirituall iurisdiction of any Diocesse is committed during the vacancy of the see anno 25. H. 8. cap. 21. And I take that the
hath with the Civilians for whereas they call him haeredem qui ex testamento succed 〈…〉 in vniuersum ius testatoris the coÌ„mon lawyers call him heire that succeedeth by right of blood in any mans lands or tenenients in fee for there is nothing passeth with vs iure haereditatis but onely fee. Moueables or chatels immoueable are giuen by testament to whom the testator listeth or else are at the disposition of the Ordinarie to be distributed as he in conscience thinketh meete Glossa in Provinciali constitut Ita quorundam De testamentis verbo Ab intestato And whether a man enioy moueable goods and chatels by will or the discretion of the Ordinarie he is not with vs called an heire but onely he that succeedeth either by testament or right of bloud in fee. Cassanaeus in consuetud Burg. pag. 909. hath a distinction of haeres which in some sort well accordeth with our lawe For he saith there is haeres sanguinis haereditatis And a man may be haeres sanguinis with vs that is heyre apparent to his father or other auncester and yet may vpon displeasure or meere will be defeated of his inheritance or at the least the greatest part thereof Heyre loome seemeth to bee compounded of heire and loome that is a frame namely to weaue in The word by time is drawne to a more generall signification then at the first it did beare comprehending all implements of houshold as namely tables presses cupbords bedsteedes wainscots and such like which by the custome of some countries hauing belonged to a house certaine descents are neuer inventaried after the decease of the owner as chatels but accrew to the heyre with the house it selfe This word is twice metaphorically vsed in that diuine speech made by that most worthy complete noble man the Earle of Northampton against that hellish vgly and damnable treason of gunpowder plotted to consume the most vertuous King that euer raigned in Europe together with his gratious Queene and pretious posteritie as also the three honorable estates of this renowned kingdome Heck is the name of an Engine to take fish in the riuer of Owse by Yorke anno 23. H. 8. cap. 18. Heinfare alias hinefare discessiofamuli à domino the word is compounded of hine a seruant and fare an old English word signifiing a passage Henchman or heinsman is a German word signifying domesticum aut vnum de familia It is vsed with vs for one that runneth on foote attending vpon a man of honour or worship anno 3. Ed. 4. cap. 5. anno 24. Henric. 8. cap. 13. Hengwite significat quiet antiaÌ„ misericordiae de latrone suspenso absque consideratione Fleta lib. prim cap. 47. See Hankwit Herauld heraldus is borowed by vs of the French herault and in M. Verstegans iudgement proceedeth originally from two Dutch words here i. exercitus and healt i. pugil magnanimus as if he should be called the Champion of the armie hauing by especiall office to chalenge vnto battell or combate With vs it signifieth an officer at armes whose function is to denounce warre to proclaime peace or otherwise to be employed by the King in martiall messages or other businesse The Romaines called them plurally Feciales M. Stow in his Annals deriueth them from heroes pag. 12. which hee hath from other that writ of that subiect whose coniecture I leaue to the reader Their office with vs is described by Polydore lib. 19. in this sort speaking of the knights of the Garter hee saith habent insuper Apparitores ministros quos heraldos dicunt quorum praefectus armorum Rex vocitatur hy belli pacis nuncii Ducibus Comitibusque à Rege factis insignia aptant ac eorum funera curant He might haue added farder that they be the Iudges and examiners of gentlemens armes that they marshall all the solemnities at the coronations of princes manage combats and such like There is also one and the same vse of them with vs and with the French nation whence we haue their name And what their office is with them see Lupanus lib. prim de Magist Francorum ca. Heraldi There be diuers of them with vs whereof three being the chiefe are called Kings at armes And of them Garter is the principall instituted and created by Henry the fifth Stowes annals pag. 584. whose office is to attend the knights of the Garter at their solemnities and to marshall the solemnities of the funerals of all the greater nobility as of Princes Dukes Marquises Earles Vicounts and Barons yet I finde in Plowden casu Reniger Fogassa that Ed. the fourth graunted the office of the king of Heralds to one Garter cum feudis proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the fourth for he attaining the Dukedome of Clarence by the death of George his brother whom he beheaded for aspiring to the crowne made the Herald which properly belonged to the Duke of Clarence a King at armes and called him Clarentius His proper office is to marshall and dispose the funerals of all the lesser nobility as knights and Esquires through the Realme of the south side of Trent The third is Norroy or Northroy whose office is the same on the north side of Trent that Clarentius hath on this side as may well appeare by his name signifiing the northern king or king of the north parts Beside these there be sixe other properly called Heralds according to their originall as they were created to attend Dukes c. in marshall executions viz. York Lancaster Somerset Richemond Chester Windlesour Lastly there be foure other called marshals or pourswivants at armes reckoned after a sort in the number of Heralds and doe commonly succeede in the place of the Heralds as they dye or be preferred and those be Blew Mantle Rougecrosse Rougedragon and Percullâ—â— The feciales among the Romans were priests Nam N 〈…〉 Pompilius diuini cultus inst 〈…〉 nem in octo partes diuisit ita itiam sacerdotum octo ordines constunit c. SeptimaÌ„ partem sacrae constitutionis collegio corum adiccit 〈◊〉 Feciales vocantur Erant autem ex optimis domibus viri electi per omne ipsi vitae tempus sacrati quorum partes in eo versabantur vt fidei publicae inter populos praeessent neque iustum aliquod bellum fore censebatur nisi id per Feciales esset indictum Qui vt Festus ait a faciendo quòd belli pacisque faciendae apud cos ius esset Feciales dicti sunt Corasius miscel iuris ciui li. 1. ca. 10. 〈◊〉 12. Herbage herbagium is a french word and signifieth in our common lawe the fruit of the earth prouided by nature for the bitte or mouth of the catell But it is most commonly vsed for a liberty that a man hath to feede his catell in another mans ground as in the forest c. Cromptons Iurisdiction fol. 197. Herbenger commeth of the french Heberger or Esberger hesberger
Bracton lib. 2. cap. 16. num 3. and Britton cap. 39. For hee pardoneth life and limme to offendours against his crowne and dignitie except such as he bindeth himself by oath not to forgiue Stawnf pl. cor lib. 2. cap. 35. And Habet omnia iura in manu sua Bracton lib. 2. cap. 24. num prim And though at his coronation he take an oath not to alter the lawes of the land Yet this oath notwithstanding hee may alter or suspend any particular lawe that seemeth hurtfull to the publike estate Blackwood in Apologia Regum c. 11. See Oath of the king Thus much in short because I haue heard some to be of opiniō that the lawes be aboue the king But the kings oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which looke in Oath of the King The kings oath in English you may see in the old abridgement of Statutes titulo Sacram. Regis Fourthly the kings only testimonie of any thing done in his presence is of as high nature and credit as any Record Whence it cōmeth that in all writs or precepts sent out for the dispatch of Iustice he vseth none other witnesse but himselfe alwaies vsing these words vnder it Teste me ipso Lastly he hath in the right of his crowne many prerogatiues aboue any common person be he neuer so potent or honourable whereof you may reade your fill in Stawnf tractate vpon the Statute thereof made anno 17. Ed. 2. though that containe not all by a great number What the kings power is reade in Bracton lib. 2. cap. 24. nu prim 2. King of Heradls Rex Heraldorū is an officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Iudgment seate where the Kinge of England was wont to sitte in his owne person and therefore was it moueable with the court or kings Houshould And called Curia domini Regis or Aula Regia as M. Gwine reporteth in the preface to his readings and that in that and the Exchequer which were the only courts of the king vntill Henry the thirds daies were handled all maters of Iustice as well Ciuill as Criminall whereas the court of common plees might not be so by the statute anno 9. H. 3. cap. 11. or rather by M. Gwins opinion was presently vpon the graunt of the great charter seuerally erected This court of the Kings bench was wont in auncient times to be especially exercised in all Criminall maters plees of the crowne leauing the handling of priuate contracts to the cownty court Glanuil lib. 1. cap. 2. 3. 4. li. 10. cap. 18. Smith de Repub Anglicana lib. 2. cap. 11. and hath president of it the Lord Cheife Iustice of England with three or foure Iustices assistaunts four or fiue as Fortescu saith cap. 51. and officers thereunto belonging the clearke of the crowne a Praenatory or Protonotari and other sixe inferior ministers or Atturnies Camd Britan pag. 112. See Latitat How long this court was moueable I finde not in any wrighter But in Brittons time who wrot In K. Ed the 1. his daies it appeareth it followed the court as M. Gwin in his said preface wel obseruethout of him See Iustice of the Kings Bench. Kings siluer is properly that mony which is due to the king in the court of common plees in respect of a licence there graunted to any man for passing a fine Coke vol. 6. fo 39. a. 43. b. Kintall of woad iron c. is a certaine waight of merchandize to the valew of a hundred or something vnder or ouer according to the diuers vses of sundry nations This word is mentioned by Plowden in the case of Reniger and Fagossa Knaue is vsed for a man seruant a. 14. Ed. 3. stat 1. ca. 3. And by M. Verstigans iudgemēt in his Restitutiō of decaied intelligence ca. 10. it is borowed of the dutch cnapa cnaue or knaue which signifie all one thing and that is some kinde of officer or seruant as scild-cnapa was he that bore the weapon or shield of his superior whom the latines call armigerum and the French men escuyer Knight Miles is almost one with the Saxon Cnight i. Administer and by M. Camdens iudgment pag. 110. deriued from the same with vs it signifieth a gentleman or one that beareth Armes that for his vertue and especially Martiall prowes is by the King or one hauing the Kings authority singled as it were from the ordinary sort of gentlemen and raised to a higher accompt or steppe of dignity This among all other nations hath his name from the Horse Because they were wont in auncient time to serue in warrs one horsbacke The Romans called them Equites the Italians at these daies terme them Cauallieri The French men Cheualliers The German Reiters The Spaniard Caualleros or Varoncs a Cauallo It appeareth by the statute anno 1. Ed. 2. cap. 1. that in auncient times gentlemen hauing a full knights fee and houlding their land by knights seruice of the king or other great person might be vrged by distresse to procure himselfe to be made knight when he came to mans estate for the answerable seruice of his Lorde in the Kings warres To which point you may also reade M. Camden in his Britannia pag. 111 But these customes be not nowe much vrged this dignity in these dayes being rather of fauour bestowed by the Prince vpon the worthier sort of gentlemen then vrged by constraint The maner of making knights for the dignitie is not hereditarie M. Camden in his Britan. pag. 111. shortly expresseth in these words Nostris verò temporibus qui Equestrem dignitatem suscipit flexis genibus educto gladio leuiter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Cheualier au nom de Dieu id est Surge aut Sis Eques in nomine Dei The solemnitie of making Knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the priuiledges belonging to a knight in Fernes Glorie of Generositie pag. 116. Of these knights there be two sorts one spirituall another temporall Cassanaeus in gloria mundi parte 9. Considerat 2. of both those sorts and of many subdiuisions reade him in that whole part The temporall or second sort of knights M. Ferne in his Glorie of generositie pag. 103. maketh threefold here with vs. Knights of the sword Knights of the Bath and Knights of the soueraigne Order that is of the Garter of all which you may reade what he saith I must remember that mine intent is but to explain the termes especially of our common lawe Wherefore such as I find mentioned in Statutes I will define as I can M Skene de verb. significat verbo Milites saith that in the auncient lawes of Scotland Freeholders were called Milites Which may seem to haue bene a custome with vs
also by diuers places in Bracton who saith that knights must be in Iuries which turne Freeholders doe serue Knights of the Garter Equites Garterii are an order of knights created by Edward the third after he had obtained many notable victories king Iohn of Frannce and king Iames of Scotland being both his prisoners together and Henry of Castile the bastard expulsed out of his Realme and Don Petro being restored vnto it by the Prince of Wales and Duke of Aquitane called the blacke Prince who for furnishing of this honorable Order made a choice out of his owne realme and all Christendome of the best and most excellent renowned Knights in vertues and honour bestowing this dignitie vpon them and giuing them a blew Garter decked with gold pearle and precious stones and a buckle of gold to weare daily on the left legge onely a kirtle gowne cloake chaperon a coller other stately and magnificall apparell both of stuffe and fashion exquisite and heroicall to weare at high feastes as to so high and princely an order was meete Of which Order he and his successours kings of England were ordained to be the Soueraignes and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo cap. 20. I haue seene an auncient monument whereby I am taught that this Honourable companie is a Colledge or a Corporation hauing a common Seale belonging vnto it and consisting of a Soueraigne Gardian which is the King of England that alwaies gouernes this order by himselfe or his Deputie of 25. Companions called Knights of the Garter of 14. secular Chanons that be Priests or must be within one yeare after their admission 13. Vicars also Priests and 26. poore Knights that haue no other sustenance or meanes of liuing but the allowance of this house which is giuen them in respect of their daily praier to the Honour of God and according to the course of those times of Saint George There be also certaine officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bish of Winchester for the time being the Chaunceler of the Garter the Register who is alwaies Deane of Windesour The principall King at Armes called Garter whose chiefe function is to manage and marshall their Solemnities at their yearely feasts and Installations Lastly the Vsher of the Garter which as I haue heard belongeth to an Vsher of the Princes chamber called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society with certaine forfeitures and sometime penances for the Breakers of them which constitutions concerne either the solemnities of making these Knights or their duties after their Creation or the Priuiledges belōging to so high an order but are too large for the nature of this poore Vocabularie The site of this Colledge is the Castle of Windesoure with the Chapel of Saint George erected by Edward the third and the Chapter house in the said Castell Howbeit the yearly Solemnity or prosession may be and is by the Soueraignes direction performed at the Court wheresoeuer it lyeth vpō Saint Georges day M. Camden saith that this order receiued great ornament from Edward the 4 See Fearns glory of Generosity pag. 120. See Garter Hospinian in his booke de origine progressu Monachatus maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may reade cap. 307. as also Bernardus Girardus in his historie libr. 15. ca. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a sword in the ceremonie of his Creation Ferns glorie of generosity pag. 105. These are spoken of anno 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind whereby it appeareth that these Knights were soe called of a Bath into the which after they had bine shauen and trimmed by a Barber they entred and thence the night before they were Knighted being well bathed were taken againe by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and ledde through many solemne Ceremonies viz. Confessing their sinnes watching and praying all night in a church or chappell with many other to the order of Knighthood the next day So that by the same reason these seemed to be termed Knights of the Bathe by which Knights made out of the feild in these daies are called knights of the Carpet because in receiuing their order they commonly kneele vpon a Carpet Knights of the order of Saint Iohn of Ierusalem milites Sancti Iohannis Heirosolumitani were otherwise called the Knights of the Rhodes being an order of Knighthood that had beginning about the yeare of the Lord. 1120. Honorius then Pope of Rome Cassanaeus de gloria mundi parte 9. Considerarione 4. M. Fern. in his glorie of Generosity pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem and thē in Rhodes wheremany of thē liued vnder their Principall called the M. of Rhodes vntill they were expelled thence by the Turke anno 1523. sithence which time their cheife seate is at Malta where they haue done great exploits against the Infidels but especially in the yeare 1595. These though they had their beginning especialest abode first at Ierusalem and next in Rhodes yet they encreased both in number and Reuenues liuing after the order of Friers vnderthe Rule of Saint Augustine and were dispersed into France Spaine Alvern Campany Englād and Ireland Of these mention is made in the stat anno 25. H. 8. ca. 2. anno 26. eiusdem cap. secundo and it appeareth that they in England had one generall prior that had the gouernment of the whole order within England Scotland Reg. orig fol. 20. b. But toward the ende of Henrie the eights daies they in England and Ireland being found ouer much to adhere to the B. of Rome against the King were suppressed and their Lands and goods referred by Parlament to the Kings disposition anno 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described you may reade in the Treatise intituled the Booke of Honour and Armes lib. 5. cap. 18. written by M. Rich. Ihones Knights of the Rhodes anno 32. H. 8 ca. 24. See Knights of the order of Saint Iohn Knights of the Temple otherwise called Templers Templaplarii was an order of Knighthood created by Gelasius the Pope about the yeare of our Lord. 1117. and so called because they dwelt in a part of the buildings belonging to the Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Cristian straungers and Pilgrims charitably and in their armour ledde them through the Holy Land to view such things as there were to be seene without feare of Infidels adioyning This Order continuing and increasing by the
facere Atturnatos generales f. 21. Literae procuratoriae fol. 205. 306. Literae Regia deprecatoriae pro annua pensione fol. 307. All these you may see in their places vnderstand the meaning of them as occasion shall require Liverie Liberatura is drawne from the French â—â—vree i. insigne gestamen Centuriale discrimen nota centurialis turmalis or els from livrer i. tradere and accordingly hath 3. significations In one it is vsed for a suite of cloth or other stuffe that a gentleman giueth in coates cloakes hats or gownes with cognisaunce or without to his seruants or followers anno 1. Rich. 2. cap. 7. anno 20. eiusdem cap. 1. 〈◊〉 anno 7. H. 4. ca. 14. anno 8. Ed. 4. ca. 2. anno 7. eiusdem ca. 14. anno 13. eiusdem ca. 3. a. 8. H. 6. ca. 4. anno 8. Ed. 4. ca. 3. anno 3. H. 7. ca. 1. 12. anno 11. eiusdem ca. 3. anno 19. eiusdem cap. 14. In the other signification it betokeneth a deliuery of possession vnto those tenents which hould of the king in capite or in knights seruice for the king by his prerogatiue hath primier seysini or the first possession of all lands and tenements so houlden of him anno 52. H. 3. cap. 16. an 17. Ed. 2. cap. 3. that is when any such tenent dyeth the king foorthwith entreth and holdeth it vntill the heire do his homage and so pray his land to be deliuered vnto him Which act in the king is called Liuerie and liuerie in this signification is either generall or speciall Stawn praerog fol. 12. cap. 3. Liuerie generall seemeth to be that which is made in general words and therefore may easily be missued Liuerie speciall is that which containeth in it a pardon of ouersights committed by the tenent in siewing out his liuerie by which pardon the missuing is dispensed with Stawnf pag. 67 cap. Trauers 20. See the Institutes and grounds of the common lawe cap. 30. of generall and speciall liueries Liuerie in the third signification is the writte which lyeth for the heire to obtaine the possession or seisin of his lands at the kings handes which see in Fitz. nat br fol. 155. Liuerie of seisin deliberatio seisinae is a deliuerie of possession of land or tenement or other things corporeall for of things incorporeall no liuerie of seisin may be vnto one that hath right or a probabilitie of right vnto them For as Bracton saith Traditio debet esse vestita non nuda sc quòd traditione praecedat vera causa vel putatiua qua transeat Dominicum lib. 2. cap. 18. num 3. West parte prim symbol li. 2. sect 196. calleth this a ceremonie in the common lawe vsed in the conueyance of lands or tenements c. where you may see the vsuall forme hereof particularly set downe whereunto ioyne the new exposition of law tearmes Lieutenent See Lieftenent Lieutenent of the tower seemeth to haue bene an officer vnder the Constable anno Henr. 4. cap. 15. Locus partitus signifieth a diuision made betweene 2. townes or counties to make triall in whether the land or place in question lieth Fleta lib. 4. cap. 15. num 1. Locall localis signifieth in our common lawe as much as tyed or annexed to a place certaine Example the thing is locall and annexed to the Free-hold Kitchin fol. 180. and againe in the same place An action of trespasse for battery c. is transitorie and not locall that is not needfull that the place of the batterie should bee set downe as materiall in the declaration or if it be set downe that the defendant should trauerse the place set downe by saying he did not commit the batterie in the place mentioned in the declaration and so auoide the action And againe fol. 230. the place is not locall that is not materiall to be set down in certaintie And the gard of the person and of the landes differeth in this because the person being transitorie the lord may haue his rauishment de garde before he be seised of him but not of the land because it is locall Perkins Graunts 30. Lobbe is a great kinde of north sea fish anno 31. Ed. 3. stat 3. cap. 2. Lodemanage is the hire of a Pilot for conducting of a ship from one place to another Loichfish as Lob. Ling. Cod. anno 31. Ed. 3. stat 3. cap. 2. Lode works is one of the works belonging to the Stannaries in Cornwall for the which reade M. Camdens Britan in his title of Cornwal pa. 119. See Streme work Lollards Lollards were in accompt and reputation of those times Heretiks that abounded heere in England in the daies of Edward the third and Henry the fifth anno 2. H. 5. cap. 7. whereof Weekleife was the cheife as Stowe saith in his Annalls pag. 425. who by his report went barefooted and baslely clothed to wit in base russet garments downe to the heeles they preached and especially against Monks and other religious men Of these reade more in him and others that writ of those times The name Lindwood deriueth a lolio quia sicut lolium inficit segetes sic Lollardi multociens inficiunt fideles simplices inter quos conuersantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his chronicle deduceth the name from one Gualter Lolhard a German as the first author of that sect liuing about the yeare of our redemption 1315. Lord Dominus by M. Camdens opinion is a contract of Lafford which is the Danish word for Dominus It is a word of honour with vs and is vsed diuersly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parlament Sometime to those that be so called by the courtesie of England as all the sonnes of a Duke or the eldest sonne of an Earle Sometime to men honorable by office as lord chiefe Iustice c. and sometime to a meane man that hath fee and so consequently the homage of tenents within his maner For by his tenents he is called Lord and by none other and in some places for distinction sake he is called Landlord It is vsed neuerthelesse by the Writers of the common lawe most vsually in this signification And so is it diuided into lord aboue and lord mesn lord mesn is he that is owner of a maner and by vertue thereof hath tenents holding of him in fee and by copy of court rolle and yet holdeth himselfe ouer of a superiour Lord who is called lord aboue or lord Paramount old nat br fol. 79. Although I thinke none simply to be accounted lord Paramount but the Prince because all hold either mediately or immediatly of him and he of none In this signification I likewise reade Very lord and Very tenent eod fol. 42. Broke titulo Heriot num 1. where I thinke very lord is he which is immediate Lord to his tenent and him
cap. 17. Bartolus in his Tractate De Nobilitate which he compiled vpon the lawe Si vt proponis C. de dignitatibus libro 12. rehearseth foure opinions de Nobilitate but reiecteth them and himselfe defineth it thus Nobilitas est qualitas illata per principatum tenentem qua quis vltra honestos plebeios acceptus ostenditur But this definition is too large for vs except we will accompt Knights and Banerets inter plebem which in mine opinion were too harsh For Equites among the Romanes were in a middle ranke inter Senatores plebem Nocumento See Nusance Nomination nominatio is vsed by the Canonists and common Lawyers for a power that a man by vertue of a maner or otherwise hath to appoint a Clerke to a patron of a benefice by him to be presented to the Ordinarie New termes of the lawe Non-abilitie is an exception taken against the plaintiffe or demandant vpon some cause why he cannot commence any suite in lawe as a Praemunire Outlawrie Villenage Excommunication or because he is a stranger borne The Ciuilians say that such a man hath not personam standi in iudicio See Broke hoc titulo see Fitzh nat br fol. 35. A. fol. 65. D. fol. 77. C. The new Expositour of lawe termes reckoneth sixe causes of Non-ability as if he be an outlawe a stranger borne condemned in a premunire professed in religion excommunicate or a villein Howbeit the second cause holdeth onely in actions reall or mixt and not in personall except he be a straunger and an enemie Non admittas See Ne admittas Non-age is all the time of a mans age vnder one and twenty yeares in some cases or fourteen in some as mariage See Broke titulo Age. See Age. Non capiendo clericum See Clerico non capiendo Non clayme Cromptons Iurisd fol. 144. seemeth to be an exception against a man that claimeth not within the time limited by lawe as within the yeare and day in case where a man ought to make continuall claime or within fiue yeares after a fine leuyed v. Coke lib. 4. in prooemio See Continuall clayme Non compos mentis is of foure sortes first he that is an idiot borne next he that by accident afterward wholy leeseth his wits thirdly a lunaticke that hath somtime his vnderstanding and sometime not lastly hee which by his own act depriueth himselfe of his right mind for a time as a drunkard Coke lib. 4. fol. 124. b. Non distringendo is a writ comprising vnder it diuers particulars according to diuers cases all which you may see in the Table of the Register original verbo Non distringendo Non est culpabilis is the generall answer to an action of trespasse whereby the defendant doth absolutely deny the fact imputed vnto him by the plaintiffe whereas in other especiall answers the defendaunt graunteth the fact to be done and alledgeth some reason in his defence why he lawfully might doe it And therefore whereas the Rhetoricians comprise all the substance of their discourses vnder three questions An sit quid sit quale sit this aunswere falleth vnder the first of the three all other answers are vnder one of the other two And as this is the generall aunswer in an action of trespasse that is an action criminall ciuily prosecuted so is it also in all actions criminally followed either at the suite of the king or other wherein the defendant denieth the crime obiected vnto him See the new booke of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an aunswer to a declaration whereby a man denyeth that to be his deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento fine breui is a writ to inhibit Bayliffes c. from distraining any man without the kings writ touching his free hould Register fol. 171. b. Non intromittendo quando breue praecipe in capite subdolè impetratur Is a writ directed to Iustices of the bench or in Eyre willing them not to giue one hearing that hath vnder the colour of intitling the king to land c. as houlding of him in capite deceitfully obteined the writ called praecipe in capite but to put him to his writ of right if he thinke good to vse it Register orig fo 4. b. Non mercandizando victualia is a writ directed to the Iustic̄es of Assise commaunding them to inquire whether the officers of such a towne doe sell victuals in grosse or by retaile during their office contrary to the statute and to punish them if they finde it true Register fol. 184. Non molestando is a writ that lyeth for him which is molested contrary to the kings protection graunted him Register fol. 24. Non omittas is a writ lying where the Shyreeue deliuereth a former writ to a Bayliffe of a fraunchis within the which the party on whom it is to be serued dwelleth the Bayliffe neglecteth to serue it for in this case the Shyreeue returning that he deliuered it to the Bayliffe this shal be directed to the Shyreeue charging him himselfe to execute the kings commaundement Old nat br fol. 44. of this the Reg. orig hath three sorts fol. 82. b. 151. and the Reg. Iudiciall one fol. 5. 56. Non ponendo in Assisis Iuratis is a writ founded vpon the stat Westm 2. ca. 38. and the stat Articuli super chartas ca. 9. which is graunted vpon diuers causes to men for the freeing them from Assises and Iuries See Fitzh nat br fol. 165. See the Register fol. 179. 100. 181. 183. Non procedendo ad Assisam Rege inconsulto is a writ to stop the triall of a cause appertaining vnto one that is in the kings seruice c. vntill the kings pleasure be farder knowne Reg. fol. 220. a. Non residentia pro clericis Regis is a writ directed to the Ordinary charging him not to molest a Clerk imployed in the kings seruice by reason of his non residence Register orig fol. 58. b. Non-suite is a renuntiation of the suite by the plaintife or demaundant when the mater is so farre proceeded in as the Iury is ready at the barre to deliuer their verdict anno 2. H. 4. ca. 7. See the new booke of Entries verbo Non-suite The ciuilians terme it Litis renunciationem Non soluendo pecuniam ad quam Clericus mulctatur pro non residentia is a writ prohibiting an Ordinary to take a pecuniary mulct imposed vpon a clerk of the kings for non-residence Regist orig fol. 59. Non tenure is an exception to a coumpt by saying that he houldeth not the land specified in the coumpt or at the least some parte of it anno 25. Ed. 3. stat 4. ca. 16. West parte 2. Simbol titulo Fines sect 138. maketh mention of non-tenure generall and non-tenure speciall See the new booke of Entries verbo Non-tenure where it is said that especiall non-tenure is an
patents to any man Brooke titulo Repellance Resumption fol. 298. Thus it is applyed anno 31. H. 6. cap. 7. See Reseiser Retainer commeth of the French retenir i. detinere retinere It signifieth in the cōmon law a seruant not meniall nor familiar that is not continually dwelling in the house of his Lord or Master but onely vsing or bearing his name or liuery This liuery was wont to consist of hats otherwise hoods badges and other suits of one garment by the yeare anno pri R. 2. cap. 7. These were taken by great Lords many times vpon purpose of maintenance and quarels and therefore they haue beene iustly for the better freedome of law forbidden by many statutes as namely by anno pri R. 2. cap. 7. vpon paine of imprisonment and greeuous forfeiture to the King and againe anno 16 eiusd cap. 4. anno 20. eiusedem cap. 1. 2. and anno pri H. 4. cap. 7. by the which the Lords offending herein should make ransome at the Kings will and any Knight or Esquire hereof duly attainted should loose his said Liuery and forfeit his see for euer and any yeoman wearing the Liuery of the King or other Lord should be imprisoned and make raunsome at the Kings will onely some fewe excepted in the said statute which statute is farder confirmed and explaned anno 2. H. 4. cap. 21. an 7. eiusd cap. 14. anno 13. eiusd cap. 3. anno 8. H. 6. ca. 4. And yet this offence was so deeply rooted that Edward the fourth was driuen to confirme the former statutes and farder to extend the meaning of them as appeareth by the statute made anno 8. Ed. 4. cap. 2. adding an especiall paine of fiue pounds to euery man that giueth such Liuery and as much to euery one so retained either by writing oath or promise for euery moneth Yet is not this fault so well looked vnto but that there is need of more pregnant lawes for the redresse thereof or at the least beter execution of those that be already made These be by the Feudists called affidati Sic enim dicuntur qui in alicuius fidem tutelam recepti sunt Neapol constitu li. 3. titulo 7. And as our retainers are here forbidden so are those affidati in other countries Retraxit is an exception against one that formerly commenced an action and withdrew it or was non-suit before triall Brooke titulo Departure in despight Retraxit fol. 216. See also the new booke of Entries verbo Deperter verbo retrar it Returne returna commeth of the French retour i. reditio reuersio recursus and in our common law hath two particular applycations as namely the return of a writ by Shyreeues and Bayliffs which is nothing but a certificate made to the Court whereunto the writ directeth him of that which he hath done touching the seruing of the same writ And this among the Ciuilians is called Certificatorium Of returnes in this signification speake the statutes of Westm 2. cap. 39. anno 13. Ed. prim and Tractatus contra Vice-comites Clericos with diuers other collected by Rastal titulo Returne of Shyreeues So is the returne of an office Stawnf prarog fol. 70. a certificate into the court of that which is done by vertue of his office See the Statutes of dayes in banke anno 51. H. 3. anno 32. H. 8. cap. 21. And in this signification Hilary terme is said to haue 4. returnes viz. Octabis Hilarii Quindena Hilarii crastino Purificationis Octabis Purificationis and Easter terme to haue 5. returnes viz. Quindena paschae Tres paschae mense paschae Quinque pasche crastino Ascensionis And Trinity terme 4. returnes i. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaelmas Terme 8. returnes sc Octabis Michaelis Quindena Michaelis Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini The other application of this word is in case of Repleuy For if a man distraine catell for rent c. And afterward iustifie or avowe his act that it be found lawfull the catell before deliuered vnto him that was distrained vpon security giuen to follow the action shall now be returned to him that distrained them Brooke titulo Returne d'auers hommes fol. 218. you shall finde this word often vsed in Fitzh nat br as appeareth in the word Returne in his table but in all those places it hath the one or the other of these two significations Returno habendo is a writ which lyeth for him that hath auowed a distresse made of catell and proued his distresse to be lawfully taken for the returne of the catell distrained vnto him which before were expleuied by the party distrained vpon suerty giuen to persiew the action Terms of law verbo Repleuin Returnum aueriorum is a writ Iudiciall graunted to one impleaded for taking the cattell of another vniust deteining of them contra vadium plegios and appearing vpon summons is dismissed without day by reaso◠that the plaintife maketh default and it lyeth for the returne of the cattell vnto the Defendant whereby he was summoned or which were taken for the security of his apparence vpon the summons Register Iudiciall fol. 4. a. Returnum irreplegiabile is a writ iudiciall sent out of the common plees to the Shyreeue for the finall restitution or returne of catell to the owner vniustly taken by another as dammage seisant and so found by the Iury before Iustices of Assise in the County For which see the Register Iudiciall fo 27. a. b. Reue aliâs Greue Praefectus is made of Gerefa the Saxon word for a gouerner Lamb explica of Saxon words verb. Profectus and that by reiecting the first sillable which he saith among the Saxons is vsuall It signifieth in our common law the Bayliffe of a Fraunchis or maner and especially in the West parts Of this you may see Kitchin fol. 43. See Greue See Shyreeue See also of this word M. Verstigan in his restitution of decayed intelligence cap 10. speaking much to the same effect Reuels seemeth to be deriued from the French word Reueiller i. excitari vel expergefieri It signifieth with vs sports of daunsing masking comedies tragedies and such like vsed in the Kings house the houses of court or of other great personages The reason whereof is because they are most vsed by night when otherwise men commonly sleepe and be at rest In the Kings house there is an officer called the Master of these Reuils who hath the ordering and dispositions of these pastimes in the court Reuenewe is a French word signifiing as much as Reditio Reuersio Reditus It signifieth properly the yearely rent that groweth to euery man from his lands and possessions Reuersion Reversio signifieth in the comon lawe a possibility reserued to a mans selfe and his heires to haue againe lands or tenements made ouer conditionally vnto others vpon the defect or fayling of
it Aulote Auscote in principio Henrici secundi Scotall Scotalla is a word vsed in the Charter of the Forest ca. 7. in these words as Pupilla oculi hath them parte 5. cap. 22. Nullus Forestarius vel Bedellus faciat Scotallas vel garbas colligat vel aliquam collectam faciat c. M. Manwood parte pri of his Forest lawes pag. 216. thus defineth it A Scotall is where any officer of the Forest doth keepe an alehouse within the Forest by colour of his office causing men to come to his house and there to spend their mony for seare of hauing displeasure It seemeth to be compounded of Scot and Ale Scutagio habendo is a writ that lieth for the King or other Lord against the Tenent that houldeth by knights seruice wherein homage fealtie and escuage be conteined being to make a viage to warre against the Scots or French men For in those cases this writ issueth out to all such tenents to serue by themselues or a sufficient man in their place or else to pay c. See Fitzh nat br fol. 83. It is vsed in the Register originall for him to recouer escuage of others that hath either by seruice or fine performed his owne to the King fo 88. a. Sealer Sigillator is an officer in Chauncerie whose dutie is to seale the writs and instruments there made Seane fish anno 1. Iacob ses 1. cap. 25. Sea ne fish ibidem seemeth to be that fish which is taken with a very great and long net called a seane Second deliuerance Secunda deliberatione is a writ that lyeth for him who after a returne of catel repleuied adiudged to him that distreined them by reason of a default in the party that replevied for the repleuying of the same catell againe vpon securitie put in for the redeliuerie of them if in case the distresse be iustified New booke of Entries verbo Replevin in second deliuerance fol. 522. col 2. v. Dyer fol. 41. n. 4. 5. Secta ad Curiam is a writ that lyeth against him who refuseth to performe his suite either to the Countie or Court Baron Fitz. nat br fol. 158. Secta facienda per illum qui habet eniciam partem is a writ to compell the heire that hath the elders part of the cobeires to performe seruice for all the coparceners Regist origin f. 177. a. Secta molendini is a writ lying against him that hath vsed to grind at the mille of B. and after goeth to another mille with his corne Register origin fol. 153. Fitz. nat br fol. 122. But it seemeth by him that this writ lyeth especially for the Lord against his franke Tenents who hold of him by making suite to his mill eodem See the new book of Entries verbo Secta ad molendinum By likelihood this seruice is also in FrauÌ„ce For Balduinui ad titulum de servitutibus pradiorum in Institut hath these words Bannalis mola nova barbarae seruitutis species est qua hodie passim rustici coguntur vna mola quam bannalem vocamus vnoque furno vti ad quaestum Domini qui fortasse praeest iurisdictioni eius pagi Sectam proferre est testimonium leg alium hominum qui contractui inter eos habito interfuerint praesentes producere Fleta lib. 2. cap. 63. § Nullus And secta is vsed for a witnes Idem lib. 4. cap. 16. § final Habes tamen sectam vnam vel plures c. Secta ad Iusticiam faciendam is a seruice due for â—a mans see to be performed â—eing by his see bound thereunto Bracton lib. 2. cap. 16. num 6. Secta vnica tanium facienda pro pluribus haereditatibus is a writ that lyeth for that heyre that is distreined by the Lord to more suites then one in respect of the land of diuers heires descended vnto him Register orig fol. 177. a. Sectis non faciendis is a writ that lyeth for one in wardship to be deliuered of all suites of Court during his wardship Register origin fol. 173. b. See other vse of â—â—is writ eodem fol. 174. touching women that for their dower ought not to performe suite of Court Seounda superoneratione pastura is a writ that lyeth where measurement of pasture hath bene made and he that first surcharged the common doth againe surcharge it the measurement notwithstanding Register origin fol. 157. oldnat br fol. 73. Secundarie secundarius is the name of an Officer next vnto the chiefe Officer as the Secundarie of the fine Office the Secundarie of the Counter which is as I take it next to the Shyreeue in London in ech of the two Counters Secundarie of the office of the priuie seale anno 1. Ed. 4. cap. 1. Secundaries of the Pipe two Secundarie to the Remembrancers two which be Officers in the Exchequer Camden pag. 113. Securitatem inueniendi quòd se non diuertat ad partes exteras fine licentia Regis is a writ that lyeth for the King against any of his subiects to stay them from going out of his kingdome The ground whereof is this that euery man is bound to serue and defend the Commonwealth as the King shall thinke meet Fitz. nat br fol. 85. Securitate pacis is a writ that lyeth for one who is threatened death or daunger against him that threateneth taken out of the Chauncerie to the Shyreeue whereof the forme and farder vse you may see in the Register origin fol. 88. b. and Fitzh nat br fol. 79. Se defendendo is a plee for him that is charged with the death of another saying that he was driuen vnto that which he did in his owne defence the other so assaulting him that if he had not done as he did he must haue beene in perill of his owne life Which daunger ought to be so great as that it appeare incuitable As Stawnford saith in his plees of the Crowne li. 1. ca. 7. And if he doe iustifie it to be done in his owne defence yet is he driuen to procure his pardon of course from the Lord Chanceler and forfeiteth his goods to the King As the said authour saith in the same place Seignior Dominus is borowed of the French seigneur It signifieth in the generall signification as much as Lord but particularly it is vsed for the Lord of the see or of a maner euen as Dominus or senior among the Feudists is he who graunteth a a fee or benefite out of his land to another And the reason is as Hotoman saith because hauing graunted the vse and profite of the land to another yet the propertie i. Dominium he still reteineth in himselfe See Hotoman in verbis feudal verbo Dominus Senior Seignior in grosse seemeth to be he that is Lord but of no maner and therefore can keepe no court Fitz. nat br fol. 3. b. See Seignorie Seignourage anno 9. H. 5. stat 2. cap. 1. seemeth to be a regalitie or prerogatiue of the king whereby he challengeth allowance of gold and siluer
Seruice is divided by Britton into personall and reall cap. 66. where he maketh wards mariags homage Releifs and such like to be reall seruices personall I imagine may those be called that are to be performed by the person of the Tenent as to follow his Lord into warre c. The Ciuilians diuide munera in this sort either in personalia or patrimonalia Then Bracton vbi supra num 7. distributeth seruitium in intrinsecum extrin secum aliás forinsecum medium Seruitium intrinsecū is that which is due to the capitall Lord of the maner Forinsecum is that which is due to the King and not to the capitall Lord but when he goeth in his owne person to serue or when he hath satisfied the king for all seruices whatsoeuer And againe in the same place he saith it is called Fornisecum quia fit capitur foris sive extra seruitium quod fit Domino capitali see Forein seruice Of this reade him vbi supra more at large and Fleta lib. 2. ca. 14. § Continetur Seruitia quae nec intrinseca nec forinseca sunt Bract. handleth in the same chap. n. 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intrinsecae nec forinsecae sed sunt quaedam seruitia concomitantia sicut seruitia regalia militaria etiam homagia ideo in chartis non sunt exprimenda Quia si homagium praecesserit regale seruitium sequitur exinde quòd ad capitalem Dominum pertinebit Releuium custodia maritagium siue seruitium sit militare vel seriantia propter exercitum c. Here then Reliefe Ward and Mariage be those seruices which he calleth nec intrinseca nec forinseca sed concomitantia Seruice is also divided into frank seruice and base or villenous seruice the one Bracton calleth liberum seruitium the other seruitium villanum or villenagium lib. 2. cap. 8. nu pri This villenagium is Socage in base tenure as to dung the Lords ground to serue him so many daies in haruest to plash his hedges c. or els copy hould All other seruices seeme to be frank Seruice consisteth some in seisance some in render Perkins Reseruations 696. Seruice seemeth also to be diuided into continuall otherwise annuall and casuall or accidentall An example of the former is the seisin of rent and of the other seisin of reliefe Sir Ed. Cookes reports lib. 4. Bevils case fol. 9. a. See Copy hould See Socage see Ayde Seruice secular anno 1. Ed. 4 ca. 1. which may be contrary to spirituall viz. the seruice diuine commaunded to spirituall men by their founders Servitours of bils seeme to be such seruāts or messengers of the marishall belonging to the kings bench as were sent abroad with bils or writs to summon men to that court being now more ordinarily called Tip. stafs Servitiis acquietandis is a writ Iudiciall that lieth for one distreined for seruices by Iohn which oweth and performeth to Robert for the acquitall of such seruices Register Iudicial fol. 27. a. 36. b. Sessions Sessiones signifieth in our common lawe a sitting of Iustices in court vpon their commission as the sessions of oyer and terminer pl. cor fol. 67. Quarter sessions otherwise called generall sessions anno 5. Elizab. cap. 4. or open sessions ibidem Opposite wherevnto are especiall otherwise called priuie sessions which are procured vpon some speciall occasion for the more speedie expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in generall sessions see Cromptons Iustice of peace fol. 109. Petit sessions or statute sessions are kept by the high Constable of euery Hundred for the placing of seruants anno 5. Eli. cap. quart in fine Sessour anno 25. Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of wages at this day Set clothes anno 27. Henric. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and diuers kinds whereof you haue in Gerards herball lib. 2. cap. 424. The roote of this is mentioned among drugs to be garbled anno 1. Ia. cap. 19. Seuerance is the singling of two or more that ioyne in one writ or are ioyned in one writ For example if two ioyne in a writ de libertate probanda and the one afterward be non-suite here seuerance is permitted so that notwithstanding the non-suite of the one the other may seuerally proceede Fitzh nat br fol. 78. I. K. Of this see Brooke titulo severance summons fol. 238. For it is harder to knowe in what cases seuerāce is permitted then what it is There is also seuerāce of the tenents in an Assise when as one or two or more disseisours appeareth vpon the writ and not the other New booke of Entries fo 81. col 4. seuerance in attaints eod fol. 95. col 2. And seuerance in debt verbo debt fol. 220. col 1. see the saide booke verbo Seuerance Severall taile tallium separatum is that whereby land is giuen and entayled seuerally to two For example land is giuen to two men and their wiues and to the heires of their bodies begotten the Donees haue ioynt estate for their two liues and yet they haue seuerall inheritance because the issue of the one shall haue his moyety and the issue of the other the other moyetie Kitchin ibidem Severall tenancie tenura separalis is a plee or exception taken to a writ that is laide against two as ioynt which are seuerall Brooke titulo Severall tenancie fol. 237. Sewantly wouen an 35. El. c. 10. Sewar hath two significations with vs one applied to him that issueth or commeth in before the meate of the King or other great personage and placeth it vpon the table the other to such passages or gutters as carie water into the sea or riuer in lawyers Latine called Sewera an 6. H. 6. c. 5. which is also vsed in common speach for commissioners authorised vnder the broad seale to see draines and ditches well kept and maintained in the marish and fenne countries for the better conueyance of the water into the sea and the preseruing of the grasse for feede of catell stat anno 6. H. 6. cap. 5. It is probable to bring this word from the French issir or issue as if we should call them Issuers because they giue issue or passage to the water c. And the latine word suera sometime vsed in these commissions for these draines is a competent reason of this coniecture see Eitzh nat br in oyer and terminer Yet I finde in an old French booke conteining the officers of the King of Englands court as it was aunciently gouerned that he whom in court we now call Sewer was called Asseour which may seeme to come from the French Asseour wherein his office in setting downe the meat vpon the table is well expressed And Sewer as it signifieth an officer is by Fleta latined Assessor li. 2. ca. 15. All which argueth that the descent of
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs 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 Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
the master of the Court c. To whom are ioyned the Surueiour Atturny and Receiuer of the said Court as his Assistants then as Ministers the Register two inferiour Atturnies or Clerks and a Messenger Ward Custodia is the German word as Garde is the French Both these be vsed among our common lawyers the one by those that write in French the other by those that write in English Wherefore for your farder vnderstanding See Gard and Gardein Yet is Gard sometime vsed in the Englishbookes also as yeomen of the Gard. And also the keeper of one in his minority is not called a warder but a Gardein or Gardian Ward hath diuers applications as a Ward in London latined warda which is a portion of the City committed to the especiall charge of some one of the 24. Aldermen of the city in such sort as euery one knoweth his certaine ward assigned vnto him and hath dwelling within the same compas some one graue Citizen for the good gouernment thereof who is in that respect a Deputie to the said Alderman and commonly called the Aldermans Deputie Of these there be 25. within the citie and one without beside other liberties and the suburbes Stowes Suruey of London Also a Forest is diuided into wards Manwood parte prim of his Forest lawes pag. 97. Lastly a prison is otherwise called a Ward And the heire of the Kings tenent houlding by knights seruice or in capite or of any common person by Knights seruice is called Ward during his nonage See anno 32. H. 8. cap. 46. Warden Gardianus signifieth al one thing with the French Gardien And therefore of this see more in Gardien But it is the more vsuall word of all that writ in English for him that hath the keeping or charge of any person or thing by office as Wardens of Felowships in London anno 14. H. 8. cap. 2. Warden courts anno 31. H. 6. ca. 3. Warden of the Marches anno 4 H. 7. cap. 8. Wardens and Communaltie of the lanes contributorie to Rochester bridge anno 18. Eliz. cap. 7. Wardens of peace anno 2. Ed. 3. cap. 3. Statute Northampton Warden of the West Marches Camd. Brit. pag. 606. Warden of the Forest Manwood parte prim pag. 111. 112. Warden of the Aulnage anno 18. H. 6. cap. 16. Chiefe Warden of the Forest Manwood parte prim pag. 42. 43. Warden of the Kings wardrobe anno 51 H. 3. statut quinto Wardens of the tables of the Kings Exchaunge anno 9. Ed. 3. stat 2. cap. 7. anno 9. H. 5. stat 2. c. 4. Warden of the rolles of the Chauncerie anno 1. Ed. 4. cap. 1. cap. 5. Warden or Clerke of the hamper of the Chauncerie ibid. Warden of the kings writs and Records of his common bench ibid. Warden of the Kings armour in the tower anno 1. Ed. 4. cap. 1. Wardnote is a court kept in euery ward in London anno 32. H. 8. cap. 17. ordinarily called among them the Wardmote Court Ward peny is money to be contributed toward watch and ward Warantie warantia commeth of the French garantie or garant i. vindex litis which is a word of great antiquitie with the French men being brought first thither by the Francogalli And thence do they make a Latinish verbe viz. guarentare vel vt est in aliis libris guarentisare i. causam alterius suscipere se defensorem profiteri The Feudists also vse this word guarentus quo significatur is qui Latinis author dicitur euictionem praestat lib. 2. Feud titulo 34. § 2. The Ciuilians haue a stipulation habere licere whereby is signified a power of perpetuall quiet possession to be giuen l. 11. § final Π. de action empt vend But this reacheth not so farre as our warrantie For the seller hereby is bound but to a kind of diligence and care to maintaine the buyer in his possession For if he be euicted the buyer is not tyed to recōpence Doctores in l. stipulatio ista Habere licere Π. de verb. obliga Warrantie signifieth in our common lawe a promise made in a deed by one man vnto another for himselfe and his heires to secure him and his heires against all men for the enioying of any thing agreed of betweene them And he that maketh this warrantie is called Warrantus by Bracton lib. 2. cap. 10. 37. The Romaines called him Auctorem as Hotoman testifieth in his Commentarie vpon Tullies oration pro Aulo Caecinna verbo Cesennius author fundi whom you may reade more at large And that which we terme vocationem warranti the Ciuilians call authoris laudationem vel nominationem Eimer pract cap. 48. This warranty passeth from the seller to the buyer from the feoffer to the feoffee from him that releaseth to him that is released of an action reall and such like And for the forme it passeth in a clause toward the end of a deed in these wordes Et ego verò praefatus I. haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus assignatis suis contra omnes gentes warrantizabimus in perpetnum per praesentes West parte prim symbol lib. 2. titulo Feofments sect 281. 288. So a release may be with a clause of warrantie Idem eodem titulo Releases sect 510. There is also a warrant of Atturney whereby a man appointeth another to do some thing in his name and warranteth his action West eod sect 181. And these warrāts of Atturney seeme to differ from leters of Atturney because that whereas leters passe ordinarily vnder the hand and seale of him that maketh an Atturney by them before any credible witnesses warrants of Atturney be acknowledged before such persons by such means and in such maner as Fines West parte 2. symbol titule Recoueries sect prim F. See Atturney But these waranties in passing land from one to another be of greatest consequent of more intricate vnderstanding And therefore of these diuers haue written at large as Glanvile lib. 3. per totum Bracton lib. 5. tract 4. per totum Britton cap. 105. Litleton in the last chapter of his tenures the forme and effect whereof Bracton in his second booke cap. 16. num 10. declareth thus Et ego haeredes mei warrantizabimus tali haeredibus suis tantùm vel tali haeredibus assignatis haeredibus assignatcrum vel assignatis assignatorum eorum haeredibus acquietabimus defendemus eis totam terram illam cum pertinentiis secundum quod praedictum est contra omnes gentes in perpetuum per praedictum seruitium Per hoc autem quòd dicit Ego haeredes mei obligat se haeredes suos ad warrantiam propinquos remotos praesentes futuros ei succedentes in infinitum Per hoc autem quòd dicit warrantizabimus suscipit in se obligationem ad defendendum suum Tenementum in possessione res datae