places they there have this commissary is but superfluous and most commonly doth rather vex and disturb the Country for his lucre than of conscience seek to redresse the lives of offenders And therefore the Bishop taking prestation money of his Archdeacons yearely pro exteriori jurisdictione as it is ordinarily called doth by super-onerating their circuit with a commissary not only wrong Archdeacons but the poorer sort of subjects much more as common practice daily teacheth to their great woe Commission commissio is for the most part in the understanding of the Common law as much as delegatio with the Civilians See Brook titulo Commission and is taken for the warrant or Letters Patents that all men exercising jurisdiction either ordinary or extraordinary have for their power to hear or determine any cause or action Of these see divers in the table of the Register original verbo Commissio Yet this word sometime is extended further than to matters of judgement as the Commission of Purveyers or takers anno 11 H. 4. cap. 28. But with this epitheton High it is most notoriously used for the honourable Commission Court instituted and founded upon the Statute 1 Eliz. cap. 1. for the ordering and reformation of all offences in any thing appertaining to the jurisdiction ecclesiastical but especially such as are of higher nature or at the least require greater punishment than ordinary jurisdiction can afford For the world being grown to that loosenesse as not to esteem the censure of excommunication necessity calleth for those censures of fines to the Prince and imprisonment which doe affect men more neerly Commission of rebellion commissio rebellionis is otherwise called a writ of Rebellion Breve Rebellionis and it hath use when a man after proclamation made by the Sheriff upon an order of the Chauncery or court of Statrechamber under penalty of his allegeance to present himself to the Court by a certain day appeareth not And this commission is directed by way of command to certain persons to this end that they or three two or one of them doe apprehend or cause to be apprehended the party as a rebell and contemner of the Kings lawes wheresoever they find him within the Kingdom and bring him or cause him to be brought to the court upon a day therein assigned The true copie of this commission or Writ you have in Cromptons divers jurisdictions Court de Starre-Chamber as also in West tractat touching proceedings in chancery Sectio 24. Commissioner commissionarius is he that hath commission as Letters Patents or other lawful warrant to execute any publike office as Commissioners of the office of Fines and Licenses West parte 2. symbol titulo Fines sect 106. Commissioners in Eyr anno 3 Ed. 1. cap. 26. with infinite such like Committee is he to whom the consideration or ordering of any matter is referred either by some Court or consent of parties to whom it belongeth As in Parliament a Bill being read is either consented unto and passed or denied or neither of both but referred to the consideration of some certain men appointed by the house farther to examine it who thereupon are called Committees Committee of the King West part 2. symbol titulo Chancerie sect 144. This word seemeth to be something strangely used in Kitchin fol. 160. where the widow of the Kings Tenent being dead is called the Committee of the King that is one committed by the ancient law of the land to the Kings care and protection Common bench bancus communis is used some time for the Court of Common plees anno 2 Ed. 3. cap. 11. So called as M. Cambden saith in his Britannia pag. 113. quia communia placita inter subditos ex jure nostro quod commune vocant in hoc disceptantur that is the Plees or Controversies tryed between Common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Justices in Eyr consueverunt Justiciarii imponere villatis juratoribus hundredis toti comitatui concelamentum omnes separatim amerciare quod videtur voluntarium cùm de per jurio concelauâ—ento non fuerint convicti sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis conservatione lib. 1. cap. 48. § Quibus And a little following § Et provisum he hath these words Et provisum ests quòd communes misericordiae vel fines comitatuum amerciatorum in finibus ininerum Justiciariorum ante recessum ipsorum Justiciariorum per sacramenta militum aliorum proborum hominum de comitatu eodem affidentur super eos qui contribuere debent unde particulae Justiciariis liberentur ut cum aliis extractis suis ad Scaccarium liberare valeant These last words of his have relation to the statute Westminst pr. cap. 18. which read See Fine Common Plees communia placita is the Kings Court now held in Westminster Hall but in antient time moveable as appeareth by the Statute called Magna charta cap. 11. as also anno 2 Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his Readings saith that until the time that Henry the third granted the great Charter there were but two Courts in all called the Kings Courts whereof one was the Exchequer the other the Kings Bench which was then called Curia Domini regis and Aula regia because it followed the Court or King and that upon the grant of that Charter the Court of Common plees was erected and setled in one place certain viz. at Westminster And because this Court was setled at Westminster wheresoever the King lay thereupon M. Gwin ubi supra saith that after that all the Writs ran Quòd sit coram Justiciariis meis apud Westmonasterium whereas before the party was commanded by them to appear coram me vel Justiciariis meis simply without addition of place as he well observeth out of Glanvile and Bracton the one writing in Henry the seconds time before this Court was erected the other in the latter end of Henry the thirds time who erected this Court. All civil causes both real and personal are or were in former times tryed in this Court according to the strict law of the Realm and by Fortescue cap. 50. it seemeth to have been the onely Court for real causes The chief Judge thereof is called the Lord chief Justice of the Common Plees accompanied with 3 a 4 Assistants or Associates which are created by Letters Patents from the King and as it were enstalled or placed upon the Bench by the Lord Chancelor and Lord chief Justice of the Court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the Officers belonging to this Court are these The Custos brevium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerk of the Warrants Clerk of the Juries or Jurata
Cum Vicecomiti nostro Middlesexiae nupar praeceperimus quod caperct Thomam T. Willielmum W. si invents fuissent in Baliva sua eos salvo custodiret ita quòd haberet copora eorum coram nobis apud Westminster die Veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito transgressionis cumque Vicecomes noster Middlesexiae ad diem illum nobis returnaverit quod praedicti Tho. T. Willielmus W. non sunt iâ—venti inbaliva sua super quo ex parte praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Willielmus latitant discurrunt in Comitatu tuo Idcirco tibi praecipimus quod capias eas si inventi fuerint in baliva tua eos salvo custodias ita quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto de placito pradicto habeas ibi tunc hoc breve Teste Johanne Papham apud Westminster Roper Launcegay anno 7 Richard secundi cap. 13. Law lex commeth of the Saxon lah the general signification is plain only this I thought to note that the Law of this Land hath Leen variable For first Dunwallo Mulmutius otherwise Molincius a Britain that being Duke of Coâ—nwall reduced the whole Land formerly severed by civil wars into the State of a Monarchy made certain wholesome Laws which long after were called Mulmutius Laws and by Gyldas translated out of the British tongue into Latin Stow in his Annals p. 16. Of these there remain yet certain heads recorded by our Historiographers as followeth 1. Ut Deorum templa civitates hominum consequantur tantam dignitatem ne quis illo confugiens extrahi possit antequà m ab eo quem laeserat veniam impetraverit 2. Ut hujusmodi privâ—legium immunitatis habeant etiam ipsae viae qâ—â—â— ducunt ad templa ad urbes 3. Imo et jumenta quoque illa quae res rusticae subveniunt 4. Denique colonorum aratra ip sa tali praerogativa libertatis perfruantur 5. Hoâ— amplius ut ne qua terra vacaret culturâ— neve populus inopia rei frumentariae premeretur aut â—a miniseretur si pecora sola oecuparent agros qui ab hominibus coli debent 6. Constituit quot aratra quaelibet dioecesis haberet ac poenam statui iis per quos illâ— numerus aratrorum foret dimunitus 7. Item vetuit bovem aratorem pro debito pecuniae assignari debitoribus si alia bona debitoris essent Itae fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid earum rerum quas natura praebet hominibus usquam deesse passet Rich. Vitus historiarum Britannâ—a l. 3. n. 1. And of these Laws we find no obscure remanets in our laws now in use See Mag na Charta cap. 1. et cap. 14. See Sanctuary See Peace Then was there a Law called Merchenlage whereby the Mercians were governed being a Kingdom in the heart of the Land containing those Countries that be now called Northampton shire Leicester-shire Rutland-shire Lincoln-shire Nottingham-shire and Derby-shire Camden Britan. pag. 94. whose power was great in the Heptarchie of the Saxons untill at the last they were conquered by the West Saxons and made subject to them Polydor. in Angl. Hist lib. 5. But whereas the name of these Laws favoureth of the Saxons time it is reported by others that Martia a very learned Queen wife to Quintelinus a Britton King was the Author of them long before the Saxons set foot into England Rich. Vitus histo Brittan li. 3. num 14. who also saith that Alfrea the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the law of the West Saxons called West Saxenlage and the law of the Danes when they set foot into the Realm called Denelage And of these Laws Edward made one Law as some write whereby he ruled his Kingdom But M. Camden ubi supra speaking nothing of Mulmutius laws saith out of Gervasius Tilburiensis that of the other three William the Conqueror chose the best and to them adding of the Norman laws such as he thought good he ordained laws for our kingdome which we have at this present or the most of them Law hath an especial signification also wherin it is taken for that which is lawful with us not else where As tenent by the courtesie of England an 13 Ed. 1. c. 3. and again to wage Law vadiare legem and to make law facere legem Bracton l. 3. tract 2. c. 37. is to challenge a special benefit that the Law of this Realm affordeth in certain cases whereof the first sc vadiare legem is to put in security that he will make law at a day assigned Glanvile lib. 1. cap. 9. and to make law is to take an oath that he oweth not the debt challenged at his hand and also to bring with him so many men as the Court shall assign to avow upon their oath that in their Consciences he hath sworn truly And this law is used in actions of debt without specialty as also where a man comming to the Court after such time as his Tenements for default be seised into the Kings hands will deny himself to have been summoned Glanvile l. b. 1. cap. 9. 12. And see Bracton ubi supra num 1. v. Kitchin fol. 164. See the new exposition of law Terms verbo Ley this is borrowed from Normandâ— as appeareth by the Grand Customary cap. 85. But Sir Edward Cook saith it springeth originally from the Judicial law of God lib. 4. of his Reports Slades Case fol. 95. b. alleging the 22 Chapter of Exodus verse 7. Whether so or not the like Custome is among the Feudists by whom they that come to purge the Defendant are called Sacramentales libro Feud 1. titulo 4. sect 3. titulo 10. titulo 26. Law of Arms jus militare is a Law that giveth precepts and rule how rightly to proclame war to make and observe leagues and truce to set upon the enemie to retire to punish offendors in the Camp to appoint souldiers their pay to give every one dignity to his desert to divide spoyls in proportion and such like for farther knowledge whereof read those that write de â—re belli Law day signifieth a Leet Cromptons jurisdict fol. 160. and the County Court anno 1 Edw. 4. cap. 2. Lawles man is he qui est extra legem Bracton lib. 3. tract 2. cap. 11. num prim See Outlaw Law of Marque See Reprisalls This word is used anno 27 Edw. 3. stat 2. cap. 17. and groweth from the German word March i. limes a bound or limit And the reason of this appellation is because they that are driven to this law of reprisall do take the
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
the right of his Crown And this word Praerogativa is used by the Civilians in the same sense l. Rescriptum 6. Sect. 4. n. de bono muner But that privilege that the Roman Emperour had above common persons they for the most part comprised sub jurefisciâ—â— de jurefisci per totum tit Co. li. 10. tit 1. Among the Feudists this is termed jusregalium jus regaliorum vel à nonnullis jus regeliarum But as the Feudists sub jure regalium so our Lawyers sub praerogativa regis do comprise also all that absolute heighth of power that the Civillians call majestatem vel potestatem vel jus imperii subject only to God which regalia the Feudists divide into two sorts majora minora regalia For to use their own words Quaedam regalia dignitatem praerogatâ—â—am imperii praeeminentiam spectant quaedam verò ad utilitatem comidum pecu niarium immediatè attinent haec propriè fiscalia sunt adjus fisci pertinent Peregr de jure fisci li. 1. cap. 1. nu 9. See also Arnoldus Chapmarius de arcanis imperii lib. 1. cap. 11. sâ—qq who seemeth to make difference between majectatem jus regaliorum Others make those majora regalia that appertain to the dignity of the Prince and those minera which inrich his coffers Regnerus Sixtinus de jure rega cap. 2. By this it appeareth that the statute of the Kings prerogative made anno 17 Ed. 2. contains not the sum of the Kings whole prerogative but only so much thereof as concerns the profit of his cofers growing by vertue of his regal power and crown for it is more than manifest that his prerogative reacheth much farther yea even in the matters of his profit which that statute especially consisteth of For example it is the Kings prerogative to grant protection unto his debtours against other creditours untill himself be satisfied Fitz. nat br fol. 28. B. to distrein for the whole rent upon one tenent that hath not the whole land Idem fol. 235. A. to require the Ancestors debt of the heir though not especially bound Brit. ca. 28. fol. 65. b. to cease upon mony paid by his debtour into a Court for the satisfaction of an executor Plowden fol. 322. a. to permit his debtours to siew for their debts by a Quo minus in the Exchequer Perkins Graunts 5. to be first paid by one that oweth mony both to him and others Dyer fol. 67. an 20. to take the Lands of accountants into his hands for his own satisfaction Plowd casu Almes fol. 321. 322. to take his action of account against executors codem fol. 320. not to be tyed to the demand of his rent Coke li. 4. fol. 73. a. Now for those regalities which are of the higher nature all being within the compass of his prerogative and justly to be comprised under that title there is not one that belonged to the most absolute prince in the world which doth not also belong to our King except the customes of the nations so differ as indeed they do that one thing be in the one accounted a regality that in another is none Only by the custome of this Kingdom he maketh no laws without the consent of the three Estates though he may quash any law concluded by them And whether his power of making laws be restrained de necessicate or of a godly and commendable policy not to be altered without great peril I leave to the judgement of wiser men But I hold it inconerowlable that the King of England is an absolute King And all learned Politicians do range the power of making laws inter insignia summae absolutae potestatis Majora autem regalia sunt haec clausula plenitudinis potestatis ex ea aliquid statuere leges condere ac eas omnibus singulis dare bellum indicere belli indicendi licentiam alii dare pronunciare it a ut à sent entia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae majestatis legitimare per rescriptum eos qui extra legitimum matrim nium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest jus erigendi scholam quae hodie Universit as vel Academia appellatur etiam jus creandi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones sive notarios jus dandi insignia nobilitatis sive nobiles creandi jus cudendae monetae nova vectigalia instituendi vel instituta vectigalia augendi Sixtinus ubisupra So that those other which are mentioned in libris feudorum and the Interpreters of them are at the least for the most part justly called regalia minora as armandiae viae publicae flumina navigaentia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona que indignis aufer entur bona eorum qui incestum matrimonium contrahunt bona à imnatorum postscriptorum angariae et parangariae extraordinariae ad expeditionem imperatores collationes potestas creandornm magistratuum ad justiciam exequendam argentartae palatia in civitatibus constituta piseationum reditus falinarum reditus bona commitentium crimen laesae majestatis thesaurus inventus By setting down these regalities of both sorts as they are accounted in the Empire and other forein Kingdoms they may be the more easily compared with our Kings prerogatives and so the differences noted between us and them And whereas some things are before reckoned both inter regalia majora et minora the Reader must understand that this may be in divers respects For example the power of raising a tribute or of coyning mony is inter majora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatives belonging to the King of this land which do not bring profit to his coffers immediately and therefore may be accounted inter regalia majora or at the least in a middle or mixt nature or inter majora et minora because by a consequent they tend to the increase of the Kings Exchequer Of these such as I have observed in reading I will set down as they come to my hands without farther curiosity in dividing It is the Kings prerogative that he may not be sued upon an ordinary Writ as tenent to lands but by petition Plowd casu Walsingham f. 553. to have a necessary consent in the approbation of all benefices Idem casu Grendon fol. 499. to waive and to demur and to plead to the issue or to waive the issue and to demur upon the plee of the advers parts yet not to change the issue another term after he and the advers part be once at issue Idem casu Willion fol. 23.6 a. casu
they be pursued within the time by them prescribed namely the Statute anno 1 Ed. 6. cap. 1. giveth action for three years after the offences therein shall be committed and no longer and the Statute anno 7 H. 8. cap. 3. doth the like for four years and that anno 31 Eliz. cap. 5. for one year and no more But as by the Civil Law no actions were at the last so perpetual but that by time they might be prescribed against as actiones in rem decem aut viginti terminantur annis personales veró triginta sect 1. de perpet temp actioin Institutio l. 3. Co. de praescript 30. annorum so in our Common law though actions may be called perpetual in comparison of those that be expresly limited by Statute yet is there a means to prescribe against real actions within five years by a fine levied or a recovery acknowledged as you may see farther in the word Fine and Recovery And for this also look Limitation of Assise Action is farther divided in actionem bonae fidei stricti juris Which division hath good use in our common Law likewise though the terms I find not in any of their Writers But of this and such like divisions because they have as yet no apparent acceptance amongst our Lawyers but only a hidden use I refer the Reader to the Civilians and namely to Wesenb in his Paratitles ◠Deobligatio actio AD Addition additio is both the English and French word made of the Latine and signifieth in our common Law a title given to a man over and above his Christian and Surname shewing his Estate Degree Occupation Trade Age Place of Dwelling c. For the use whereof in original writs of Actions personal appeals and indictments It is provided by Statute an 1 H. 5. cap. 5. upon the penalty therein expressed Terms of the Law Brook farther addeth that it is likewise requisite in Towns and Gates of the Towns Parishes in great Towns and Cities where there may be any doubt by reason of more Towns Gates or Parishes of the same name titulo Addition See also M. Cromptons Justice of peace fol. 95 96. Adeling was a word of Honor among the Angles properly appertaining to the Kings Children whereupon King Edward being himself without issue and intending to make Eadgare to whom he was great Uncle by the Mothers side his Heir to this Kingdom called him Adeling Roger Hoveden parte poster suorum Annal. fol. 347. a. Adjournment adjournamentum is almost all one with the French adjouarement i. denunciatio vel diei dictio and signifieth in our Common-law an assignment of a day or a putting off untill another day Adjournment in eyre anno 25 Ed. 3. Statute of Pourveyers cap. 18. is an appointment of a day when the Justices in eyre mean to sit again Adjourn anno 2 Edw. 3. cap. 11. hath the like signification And this whole Title in Brook his Abridgement proveth the same The bastard Latine word adjournamentum is used also among the Burgundians as M. Skene noteth in his Book De verbo signi verbo Ad urnatus out of Cassaneus de consuet Burg. Ad inquirendum is a Writ judicial commanding inquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy of Bond-men and such like whereof see great diversity in the Table of the Register judicial verbo ad inquirendum Admeasurement admensuratio is a Writ which lyeth for the bringing of those to a mediocrity that usurp more than their part And it lyeth in two cases one is termed Admeasurement of Dower admensuratio dotis where the widow of the deceased holdeth from the Heir or his Guardian more in the name of her Dower than of right belonging unto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is Admeasurement of Pasture admensuratio pasturae which lyeth between those that have common of Pasture appendant to their free-hold or common by vicenage in case any one of them or more do surcharge the Common with more Cattel than they ought Register orig fol. 156. b. Fitzh nat br fol. 125. Administer administrator in our Common-law is properly taken for him that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereunto I find not this word so used in all the Civil or Canon-law but more generally for those that have the Government of any thing as the Degrees Can. 23. quaest 5. cap. 26. Administratores plane saecularium dignitatum c. and extrava com ca. 11. Grangias autem alia loca Cisterciensium ordinis aliorum Regalium in quibus Gubernatores seu custodes vel administratores ponuntur c. Howsoever the signification of this word grew to be restrained amongst us it greatly booteth not But there was a Statute made anno 31 Ed. 3. cap. 11. whereby Power was given to the Ordinary to appoint these Administrators and to authorize them as fully as Executors to gather up and to dispose the Goods of the deceased alway provided that they should be accountable for the same as Executors And before that viz. Westm 2. anno 13 Ed. 1. cap. 19. it was ordained that the Goods of those that died intestate should be committed to the Ordinary his disposition and that the Ordinary should be bound to answer his debts so far forth as the Goods would extend as Executors And I perswade my self that the committing of this burden unto Bishops and those that derive Ecclesiastical Authority from them grew first from the constitution of Leo the Emperor Co. de Episco et cleri l. nulli li licere 28. Where it is said that if a man dying bequeath any thing to the redeeming of Captives c. and appoint one to execute his Will in that point the Party so appointed shall see it performed and if he appoint none to do it then the Bishop of the City shall have power to demand the legacie and without all delay perform the Will of the deceased Admirall Admiralius commeth of the French amerel and signifieth both in France and with us an high Officer or Magistrate that hath the Government of the Kings Navy and the hearing determining of all Causes as well Civil as Criminal belonging to the Sea Cromptons divers jurisd fo 88. and the Statutes anno 13 R. 2. ca. 5. anno 15. ejusdem ca. 3. anno 2 H. 4. ca. 11. anno 2 H. 4. ca. 6. anno 28. H. 8. ca. 15. with such like This Officer is in all Kingdoms of Europe that border upon the Sea and this Authority in the Kingdom of Naples is called magna Curia Admiratiae quae habet jurisdictionem in eos qui vivunt ex arte maris Vincent de Franch deseis 142. nu 1. This Magistrate among the Romans was called praefectus
hujusmodi ligna verò lapides brusuras orbes â—ctus qui judicari non possunt ad plagam ad hoc ut inde veniri possit ad duellum Armor arma in the understanding of our Common law is extended to any thing that a man in his wrath or fury taketh into his hand to cast at or strike another Crompton Justice of Peace fo 65. a. So armorum appellatio non utique scuta gladios galeas significat sed fustes et lapides lib. 42 Ï€. de verbo significatione Array arrâ—ia alias arraiamentum commeth of the French Array i. ordo which is an old word out of use Or it may be may be well deduced from raye i. linea It signifieth in our Common Law the ranking or setting orth of a Jury or enquest of men impannelled upon a Cause a. 18 H. 6. c. 14. Thence is the verb to array a panel Old N. B. fo 157. that is to set forth one by another the men impannelled The array shall be quashedi Old Nat. Br. fo 157. By Statute every array in assise ought to be made four daies before Br. tâ—â— Panel nu 10. to challenge the array Kitchin fol. 92. Arrayers seemeth to be used in the Statute an 12 R. 2. c. 6 for such Officers as had care of the Souldiers armour to see them duly appointed in their kinds Arraine arraniare commeth of the French arranger i. astituere ordinare that is to set a thing in order in his place and the same signification it hath in our Common law For example he is said to arrain a Writ of Novel disseisin in a County that sitteth it for Tryal before the Justices of the Circuit Old nat brev fo 109. Littleton fo 78. useth the same word in the same sence viz. the Lease arraineth an assise of Novel disseisin Also a Prisoner is said to be arrained where he is inindicted and brought forth to his Tryal Arrained within the Verge for murther Stawnf pl. cor fol. 150. The course of this arrainment you may read in Sir Tho. Smith de rep Angl. l. 2. c. 23. Arrearages arreragia commeth of the French arrierages i. reliqua It signifieth the remain of an Account or a sum of Mony remaining in the hands of an Accountant It is used sometimes more generally for any mony unpaid at a due time as arrerages of rent That this word is borowed from France it appeareth by Tiraquel de utroque retractu tomo 3. p. 32. num 10. Arrest arestum commeth of the French arrester i. retinere retare subsistere or rather it is a French word in it self signifying a setling stop or stay and is metaphorically used for a decree or determination of a cause debated or disputed to and fro as arrest du Senat i. placitum curiae In our Common law it is taken most of all for a stay or stop as a man apprehended for debt c. is said to be arrested To plead in arrest of Judgement is to shew cause why judgement should be staid though the verdict of the twelve be passed To plead in arest of taking the enquest upon the former issue is to shew cause why an enquest should not be taken c. Brook tit Repleader Take this of the learned Master Lambert in his Eirenarch lib. 2. c. 2. p. 94. Budae saith he in his Greek Commentaries is of opinion that the French word Arrest which with them signifies a decree or judgement of Court took beginning from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. placitum and as we might say the pleasure and will of a Court. And albeit it were not out of the way to think that it is called an Arrest because it stayeth or arresteth the party yet I believe rather that we receive the same from the Norman laws because we use it in the same sence with them For commonly with us an arrest is taken for the excution of the Commandement of some Court or of some Officer in justice But howsoever the name began an arrest is a certain restraint of a mans person depriving him of his own will and liberty and binding it to become obedient to the will of the Law and it may be called the beginning of imprisonment Precepts and Writs of the higher Courts of Law do use to express it by two sundry words as capias and attachies which signifie or take to catch hold of a man But this our Precept noteth it by the words ducifacias that is cause him to be conveyed c. For that the Officer hath after a sort taken him before in that he commeth unto him and requireth him to go to some Justice of the Peace Thus far M. Lambert And belike this word is spread farther than France for Gaile a German Writer sheweth by his Tractate de arrestis imperii that it is used also in the imperial Territories and in the same signification c. 1. n. 1. Arrestandis bonis ne dissipentur is a Writ which lyeth for him whose Cattel or Goods are taken by another that during the controversie doth or is like to make them away and will be hardly able to make satisfaction for them afterward Reg. orig fo 126. b. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium regis c. is a Writ that lyeth for the apprehension of him that hath taken prest mony toward the Kings wars and lyeth hidden when he should go Register orig 24. b. Arresto facto super bonis mercatorum alienigenorum c. is a Writ that lyeth for a Denizen against the Goods of Strangers of any other Country found within the Kingdom in recompence of Goods taken from him in the said Country after he hath been denied restitution there Reg. orig fo 129. a. This among the antient Civilians was called clarigatio now barbarously represaliae Arretted arrectatus is he that is covenanted before a Judge and charged with a crime Stawn pl. cor li. 2.45 quasi ad rectum vocatus It is used sometime for Imputed or laid unto as no folly may be arrected to him being under age Littleton cap. Remitter The Latine Substantive Rettum is used in the Register orig Chawcer useth the verb Arretteth id est layeth blame as M. Speight interpreteth it I may probably conjecture that this word is the Latine Rectum For Bracton hath this phrase ad rectum habere malefactoremi i. to have the Malefactor forth comming so as he may be charged and put to his Tryal lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis i. charged with the death of a man codem c. 2. n. 3. Articles of the Clergy articuli Cleri be certain Statues made touching persons and causes Ecclesi astical an 9 E. 2. like unto which there were others made an 14 E. 3. stat 3. AS Assay of measures and weights assais mensurarum ponderum Reg. orig fo 279 is the examination used by the Clark of the
carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt and endowed it with such Royal right as the County Palatine of Chester had And for as much as it was afterward extinct in the person of King Henry the fourth by reason of the union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple Fee-tail for term of life or of years against the alience Fitzherb nat br fol. 202. Duplicat is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a case wherein he had formerly done the same and was therefore thought void Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
2. cap. 36. See Relief But Britton cap. 69. saith That Heriot is a reward made by the death of a Tenent to any Lord of the best beast found in the possession of the Tenent deceased or of some other according to the ordinance or assignement of the party deceased to the use of his Lord which reward toucheth not the Lotd at all nor the heir nor his inheritance neither hath any comparison to a Relief for it proceedeth rather of grace or good will than of right and rather from Villeins than Free-men See Dyer fol. 199. num 58. to the same effect This in Scotland is called Herrezelda compounded of herr i. dominus herus and zeild i. gift Skene de verbo signific verbo Herrezelda Hart is a Sagge of five years old compleat Manwood parte 2. of his Forest Laws cap. 4. num 5. which he hath out of Budeus de philologia lib. 2. And if the King or Queen do hunt him and he escape away alive then afterward he is called a Hart royal And if the Beast by the Kings or Queens hunting be chased out of the Forest and so escape Proclamation is commonly made in the places thereabout that in regard of the pastime that the Beast hath shewed to the King or Queen none shall hurt him or hinder him from returning to the Forest and then is be a Hart royal proclaimed Idem eodem Hawberk cometh of the French Haubert i. lorica whereupon he that holdeth land in France by finding a Coat or Shirt of Mail and to be ready with it when he shall be called is said to have Hauberticum feudum whereof Hotoman writeth thus Hauberticum feudum gallicâ linguà vulgò dicitur pro loricatum i. datum vasallo ea conditione ut ad edictum loricatus sive cataphractus praesto sit Nam ut lorica latinis propriè minus usitatè est tegmen de loro factum quo majores in bello utebantur quem admodum Servius Honoratus scribit in libro Aeneidum 11. fâ—equentissimè autem pro aenea armatura integra usurpatur sic apud Gallos Haubert propriè loricam annulis contextam significat quam vulgus Cotte de maille appellat Haec Hot. in verbis feudal verbo Hauberticum feudum Hauberk with our Ancestors seemeth to signifie as in France a Shirt or Coat of Male and so it seemeth to be used anno 13 Ed. pri stat 3. cap. 6. Though in these dayes the word is otherwise written as Halbert and signifieth a weapon well enough known Haward alià s Hayward seemeth to be compounded of two French words Hay i. Sepes Garde i. Custodia It signifieth with us one that keepeth the common Herd of the Town and the reason may be because one part of his office is to look that they neither break nor crop the hedges of inclosed grounds It may likewise come from the German herd i. armentum and bewarren i. custodire He is a sworn Officer in the Lords Court and the form of his oath you may see in Kitchin fol. 46. Hawkers be certain deceitful fellows that go from place to place buying and selling Brasse Pewter and other merchandise that ought to be uttered in open Market The appellation seemeth to grow from their uncertain wandring like those that with Hawkes seek their game where they can find it You find the word anno 25 H. 8. cap. 6. anno 33. ejusdem cap. quarto HE Headborow is compounded of two words Heosodi i. caput and Bor. he i. pignus It signifieth him that is chief of the Frank-pledge and him that had the principal government of them within his own pledge And as he was called Headborow so was he also called Burow-head Bursholder Thirdborow Tithing man Chief pledge or Borowelder acording to the diversity of speech in divers places Of this see M. Lamberd in his Explication of Saxon words verbo Centuria in his Treatise of Constables and Smith de Repub. Anglo lib. 2. cap. 22. It now signifieth Constable See Constable Healfang is compounded of two Saxon words Hals i. collum and fang i. capere captivare See Pylory Heir Haeres though for the word it be borrowed of the Latine yet it hath not altogether the same signification with us that it hath with the Civilians for whereas they call him haeredem qui ex testamento succedit in universum jus testatoris the common Lawyers call him heir that succedeth by right of blood in any mans Lands or Tenements in Fee for there is nothing passeth with us jure haereditatis but onely Fee Moveables or chatels immoveable are given by Testament to whom the Testator listeth or else are at the disposition of the Ordinarie to be distributed as he in conscience thinketh meet Glossa in Provinciali constitut Ita quorundam De testamentis verbo Ab intestato And whether a man injoy moveable goods and chatels by will or the discretion of the Ordinarie he is not with us called an Heir but onely he that succeedeth either by restament or right of blood in fee. Cassanaeus in consuetud Burg. pag. 909. hath a distinction of haeres which in some sort well accordeth with our law For he saith ther is haeres sanguinis haereditatis And a man may be haeres sanguinis with us that is heir apparentto his Father or other Ancestor yet may upon displeasure or meer will be defeated of his inheritance or at the least the greatest partthereof Heyre loom seemeth to be compounded of heir and loom that is a frame namely to weave in The word by time is drawn to a more general-signification than at the firstit did bear comprehending all implements of houshold as namelytables presses cupbords bedsteads wainscot and such like which by the custom of some Countries having belonged to a house certain descents are never inventaried after the decease of the owner as Chattels but accrue to the heir with the house it self This word is twice metaphorically used in that Divine speech made by that most worthy and compleat noble-man the Earl of Northampton against that hellish oughly and damnable Treason of Gunpowder plotted to consume the most vertuous King that ever reigned in Europe together with his gracious Queen and precious posterity as also the three honourable Estates of this renowned kingdom Heck is the name of an Engine to take fish in the river of Owse by Yorke anno 23. H. 8. cap. 18. Heinfare aliâs Hinefair discessio famuli à Domino The word is compounded of Hine a Servant and Fare an old English word signifying a passage Henchman or heinsman is a Germane word signifying Domesticum aut unum de familia It is used with us for one that runneth on foot attending upon a man of honour or worship anno 3. Edw. 4. cap. 5. anno 24. Henric. 8. cap. 13. Hengwite significat quetantiam meserecordiae dè latrone suspenso absque consideratione Fletali 1. ca. 47. See Hankwit Herald heraldus is borrowed by us of the
proferre est testimonium legalium hominum qui contractui inter eos habito interfuerint praesentes producere Fleta lib. 2. cap. 63. § Nullus And secta is used for a witnesse Idem lib. 4. cap. 16. § final Habes tamen sectam unam vel plures c. Secta ad justiciam faciendam is a service due for a mans fee to be persormed being by his fee bound thereunto Bracton lib. 2. cap. 16. num 6. Secta unica tantum facienda propluribus haereditatibus is a Writ that lyeth for that Heir that is distreined by the Lord to more sutes than one in respect of the Land of divers Heirs descended unto him Register original folio 177. a. Sectis non faciendis is a VVrit that lyeth for one in wardship to be delivered of all sutes of Court during his wardship Register origin fol. 173. b. See other use of this writ eodem fol. 174. touching women that for their Dower ought not to perform sure of Court Secunda superoneratione pasturae is a writ that lyeth where measurement of pasture hath been made and he that first surcharged the common doth again furcharge it the measurement notwithstanding Register original fo 157. Old nat br fol. 73. Secundarie secundarius is the name of an Officer next unto the chief Officer as the Secundary of the fine Office the Secundary of the Counter which is as I take it next to the Shyreeve in London in each of the two Counters Secundary of the Office of the privy seal anno 1 Ed. 4. cap. 1. Secundaries of the Pipe two Secundary to the remembrancers two which be Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quòd se non divertat ad partes exteras sine licentia Regis is a writ that lyeth for the King against any of his subjects to stay them from going out of his Kingdom The ground whereof is this that every man is bound to serve and defend the Common-wealth as the King shall think meet Fitz. nat br fol. 85. Securitate pacis is a writ that lyeth for one who is threatened death or danger against him that threateneth taken out of the Chancery to the Shyreeve whereof the form and farder use you may see in the Register orig fo 88. b. and Fitz. nat brev fo 79. Se defendendo is a plee for him that is charged with the death of another saying that he was driven unto that which he did in his own defence the other so assaulting him that if he had not done as he did he must have been in peril of his own life Which danger ought to be so great as that it appear inevitable As Stawnford saith in his plees of the Crown lib. 1. cap. 7. And if he do justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chanceller and forfeiteth his goods to the King As the said Author saith in the same place Seignior Dominus is borrowed of the French seigneur It signifieth in the general signification as much as Lord but particularly it is used for the Lord of the see or of a Mannor even as Dominus or senior among the Feudists is he who granteth a fee or benefit out of the Land to another And the reason is as Hotoman saith because having granted the use and profit of the land to another yet the property i. Dominium he still reteineth in himself See Hotoman in verbis Feudal verbo Dominus Senior Seignior in grosse seemeth to be he that is Lord but of no mannor and therefore can keep no Court. Fitz. nat br fol. 3. b. See Signorie Seignourage anno 9 H. 5. stat 2. cap. 1. seemeth to be a regality or Prerogative of the King whereby he challengeth allowance of gold and silver brought in the Masse to his Exchange for coyn Seignorie Dominium is borrowed of the French seigneury i. ditio dominatus Imperium principatus potentatus It signifieth peculiarly with us a Manor or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the Title of him that is not Lord by means of any Manor but immediately in his own person as Tenure in capite whereby one holdeth of the King as of his Crown is seignorie in grosse because it is held of the King for the time being and not of the King as of any honour manor c. Kitchtn fol. 206. See Seignior Seisin seisina is borrowed of the French seisine i. possessio and so it signifieth in our Common law and to seise is to take possession Primier seisin prima seisina is the first possession See Primier seisin Of the French word seisir is made a Latine seisire used by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Civilians Guido Pap. singulo 865. Seisire est etiam possessionem tradere Tiraquellas in Tractatu Le mort saisit le vif pag. 53. num 3. Seisin with our Common Lawyers is two fold seisin in fact and seisin in Law Perkins Dower 369.370 Seisin in fact is when a corporal possession is taken seisin in Law is when something is done which the Law accounteth a seisin as an Inrollment Seisin in Law is as much as a right to Lands and Tenements though the Owner be by wrong disseised of them Perkins Tenent per le courtesie 457.478 And it seemeth by Ingham that he who hath had an hours possession quietly taken hath seisin de droit de claim whereof no man may disseise him by his own force or subtilty but must be driven to his action § Bref de novel disseisin Sir Edward Cook lib. 4. calleth it seisin in Law or seisin actual fol. 9. a. The Civilians call the one civilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a Writ that lyeth for delivety of seisin to the Lord of his Land or Tenements that formerly was couvicted of felony after the King in the right of his Prerogative hath had the year day and waste Reg. orig fol. 165. a. Selion selio is borowed of the French sello i. terra elata inter duos sulcos in Latine Porca in English a Ridge or land It signifieth even so with us also and is of no certain quantity but sometime containeth half an Acre sometime more and sometime less West parte 2. symbol titulo Recovery sect 3. Therefore Crompton in his jurisdictions fol. 221. saith that a selion of Land cannot be in demand because it is a thing uncertain Seneshall senescallus is a French word but borrowed from Germany being as Tilius saith compounded of Scal i. servus aut officialis and Gesnid i. familia we English it a Steward As the high Seneshall or Steward of England pl. cor fo 152. High Seneshall or steward and South Seneshall or Understeward Kitchin fol. 83. is understood for a steward or understeward
of Courts Seneshat de l'hostel de Roy Steward of the KINGS Houshold Cromptons Jurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshal of England inhibiting them to take cognizance of any action in their Court that concerneth either Freehold debt or Covenant Register original fol. 185. a. 191. b. Senie aliâs Sene sena is a leaf of a medicinable herb that bringeth forth stalks of a cubit high purging Phlegmatick Cholerick and also Melancholick humours without great violence The farther use whereof you may read in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other Drugs and spices to be garbled anno 1 Jac cap. 19. Septuagesima is a Sunday certain and alwaies the third Sabbath before Shrove sunday from the which until the Octaves after Easter the solemnizing of mariage is by the Canon laws forbidden The reason whereof is given for that all this time until Easter is a time of mourning for the fall of Adam and for the misery of man thereof insuing And Easter with the Octaves thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest over death and sin And that therefore all carnal affection onght during that space to be wholly mortified in us See Quinquagesima see Advent see Rogation week Sequitur sub suo periculo is a writ that lyeth where a summons adwarrantizandum is awarded and the Sheriff returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ Old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controversie from the possession of both those that contend for it And it is double voluntary or necessary Voluntary is that which is used by the consent of each party Necessary is that which the Judge of his Authority doth whether the parties will or not It is used also for the act of the ordinary disposing of office the goods and chattels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. num 42. fol. 271 num 26. as also in the gathering of the fruits of a Benefice void to the use of the next Incumbent anno 28 H. 8. cap. 11. Fortescue cap. 50. and in divers other cases Sequestro habendo is a writ judicial for the dissolving of a seqnestration made by the Bishop at the Kings commandement of the fruits of a benefice thereby to compell the Parson to appear at the sute of another for the Parson upon his appearance may have this writ for the release of the sequestration Register judicial fol. 36. a. Sergeants servians commeth of the French sergeant i. satelles accensus a man of the Guard a kind of Souldier so called because he was sepè accitus ad res necessarias in exercitu peragendas Calepin M. Skene de verb. signif verb. Serjeant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est inclndere gent. quod pro gente populo vel plebe usurpatur Itaque Serjandus disitur qui jussu magistratus quemlibet de populo reum crimints in carcerem corjicit seu includit This word Sergeant is diversly used in our Law and applyed to sundry offices and callings First a Sergeant at Law or of the Coyfe is the highest degree taken in that profession as a Doctor in the Civil law And to these as men best learned and best experienced of all others is there one Court severed to plead in by themselves and that is the Court of Common pleas where the Common law of England is most strictly observed These are made by the Kings mandat or VVrit directed unto them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to plead for him in all his causes as namely in causes of treason pl. cor li. 3. ca. pri And of these there may be more if it so please the King This is called in other Kingdomes Advocatus Regius Cassan de consuet Burgund pag. 850. VVith what solemnity these Sergeants be created read Fortescue cap. 50. This word Sergeant seemeth to be used in Britton for an Officer belonging to the County who in his first Chapter speaking of Appeals made before the Coroner hath these words in effect And then let the Coroner cause his appeal to be entred and the names of his sureties And afterward let commandement be given to the Sergeant of the County where the felony was committed that he have the body of the persons appealed at the next County And it is probable that this Officer was all one with him whom Bracton in his fifth book cap. 4. num 2. calleth Servientem Hundredi of whom he hath these words Post probationem defaltae faciet serviens Hundredi incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in antient time was called the Bayliff of the Hundred who as is declared in Bayliff had the like authority in his Hundred that the Shyreeve had in the County though inferiour to him and to be controlled by him as appeareth by divers antient presidents set down by Kitchin in his Tractat of Returns in Court Hundred Court-Baron c. I read also in Bracton lib. 3. tractat 2. cap. 28. Of the Kings Sergeant who is like to be also an Officer in the County in these words speaking of a woman ravished and what she ought to do for the pursute of the Ravisher sic ire debet ad prepositum Hundredi ad servientem Domini Râ—gis ad coronatores ad Vicecomitem ad primum comitatum faciat appellum suum And again eod l. c. 32. in these words si sine secta cognoverit se inde esse latronem coram vicecomite vel coronatore vel serviente Domini Regis c. And again lib. 5. tract 3. cap. 4. num 8. in these words Quid si servien Domini Regis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this Term was general to the Shyreeve Coroner and Bayliffs of Counties who in his sixt book cap. 3. § 1. hath these words Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse tunc ost ense hoc Vicecomiti statim praecipiat ballivo Hundredi vel iteneranti vel alteri servienti Regis quòd assumptis sibi l beris legalibus hominibus de viceneto illo ad curiam illius
stand as a Law for ever furthermore if the Chancellor or other Iudge or Officer could not well approve that the delay of Iustice complained of grew from just difficultie by reason that the case in question was formerly determined by Law or statute then might the Steward on the Kings behalf 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 Parliament was wont to remove him and assign another of better hope to the place Lastly if the King had about him any such evill Councellor as advised him to this unjust or unanswerable to his Majesty as tending either to the disherison of the Crown publick hurt or destruction of the Subject The office of the Steward was taking to him the Constable and other great men with some of the Commons and giving notice to the King of their intention to send to that Counsellor 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 hee neglected to perform then they might send to the King and with him to remove him and if the King refused then they might take him as a publick enemy to the King and Realm seise on his goods and possessions and commit his body to safe custody untill the next Parliament there to be judged by the whole Kingdome Examples are brought of Godwin Earl of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earl of the same County in the reign of Henry the third and of Peter Gaveston in Edward the seconds dayes But experience as I said hath found this Officer more dangerous then profitable and therefore hath time taught though not wholy to suppresse him yet to limit him to particular occasion and to restrain his power Then is there the Steward of the Kings most honourable houshold anno 24 Hen. 8. cap. 13. whose name is changed to the name of great Master anno 32. ejusdem 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 revived where you may at large read divers things touching his Office As also in Fitz. nat br f. 241. B. Of this Officers antient power read Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33 Hen. 8. cap. 12. To be short this word is of so great diversity that there is not a Corporation of any accompt or house of any honour almost through the Realm but it hath an Officer toward it of this name A Steward of a manor 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. alienate It signifieth in our Language generally a man born out of the Land or unknown but in the Law it hath an especiall signification for him that is not privie or a party to an act as a Stanger to a judgement old nat brev fol. 128. is he to whom a ludgement doth not belong and in this signification it is directly contrary to partie or privie See Privie Submarshall submarescallus is an Officer in the Marshal-sea that is Deputy to the chief Marshall of the Kings house commonly called the Knight Marshal and hath the custody of the prisoners there Crompt Jurisd fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chancery upon such case only as the Common law faileth in and hath not provided for so as the partie who in equity hath wrong can have none ordinary remedy by the rules and course of the Common-law West part 2. symbol titulo Proceedings in Chancery Sect. 18. where you may read many examples of such cases as Sub poena lyeth in There is also a Sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chancery as in other Courts And the name of both these proceed from words in the writ which charge the party called to appear at the day and place assigned Sub poena centum librarum c. I find mention of a common Sub poena in Cromptons Jurisd fol. 33. which signifieth nothing else but such a Sub poena as every common person is called by into the Chancery whereas any Lord of Parliament is called by the Lord Chancelors letters giving him notice of the sute intended against him and requiring him to appear Crompton cedem Subsidie Subsidium commeth of the French Subside signifying a tax or tribute assessed by Parlament and granted by the Commons to be levied of every subject according to the value of his Land or Goods after the rate of four Shillings in the pound for Land and two Shillings eight pence for Goods as it is most commonly used at this day Some hold opinion that this Subsidy is granted by the Subject to the Prince in recompence or consideration that whereas the Prince of his absolute power might make Laws of himself he doth of favour admit the consent of his Subjects therein that all thing in their own confession may be done with the greatest indifferency The manner of assessing every mans Lands or Goods is this First there issueth a Commission out of the Chancery to some man of honour or worship in every County by vertue thereof to call unto them the Head constables or Bailiff of every Hundred and by them the Constable and three or four of the substantiallest housholders in every Town within their Hundred at a day certain which men so called or so many of them as the commissioners think good to use do rate the Inhabitants of their own Town in such reasonable manner as they find meet yet by the discretion of the said Commissioners And then every man after his value set down must at his time pay to the Collector appointed after the rate aforesaid yet in antient time these subsidies seem to have been granted both for other causes as in respect of the Kings great travail and expences in wars or his great favours towards his subjects as also in other manner than now they be as every ninth Lambe every ninth Fleece and every ninth Sheaf anno 14 E. 3. stat pri cap. 20. And of these you may see great variety in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certain rate but even as the two houses shall think good to conclude Subsidy is in the statute of the Land sometime confounded with custome anno 11 H. 4. cap. 7. See Benevolence Surety of peace securit as pacis is an acknowledging of a Bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha lib. 2. cap. 2. pag. 77. This