each journey Escuage certain is that which yearly payeth a certain rent in lieu of all services being no further bound than to pay his rent called a knights-Knights-fee or the fourth part of a knights-Knights-fee according to his land and this leeseth the nature of Knights service though it hold the name of Escuage being in effect Soccage Fitzh na br fol. 84. C. Esnecy Aesnecia is a prerogative given to the eldest Comparcener to chuse first after the inheritance is divided Fleta lib. 5. cap. 10. § in divisionem Esples Expletia seem to be the full profits that the ground or land yeeldeth as the Hay of the Meadowes the Feed of the Pasture the corn of the Earable the Rents Services and and such like issues Ingham It seemeth to proceed from the Latine Expleo The profits comprised under this word the Romans call properly accessiones Nam accessionem nomine intelliguntur ea gener aliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt lib. 2. Ï€. De in diem adjectio lib. 50. Ï€. Ad Trebel lib. 61. § hiis etiam Ï€. de furt See the new Terms of Law Esquier Armiger is in letters little altered from the French Esouier i. scutiger It signifieth with us a Gentleman or one that beareth arms as a testimony of his nobility and gentry S. Thomas Smith is of opinion that at the first these were Bearers of arms to Lords and Knights and by that had their name and dignity Indeed the French word is sometime translated Agaso that is a Boy to attend or keep a Horse and in old English Writers it is used for a Lackey or one that carrieth the Shield or Spear of a Knight Mast Cambden in his Britannia pag. 111. hath these words of them having spoken of Knights Hiis proximi fuere Armigeri qui scutiferi hominesque ad arma dicti qui vel à clypeis gentilitiis quae in nobilitatis insignia gestant vel quia principibus ma oribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo unicuique militi serviebant galeam clypeumque gestabant c. Hotoman in the sixth Chapter of his Disputations upon the Feodssaith that these which the French men cal Escuiers were 1 Military kind of vassal having jus scuti which is as much to say he there interpreteth himself as that they bare a Shield and in it the ensignes of their family in token of their Gentility or dignity Essendt quietum de telonio is a Writ that lyeth for Citizens and Burgesses of any City or Town that have a Charter or prescription to exempt them from tolle through the whole Realm if it chance they be any where exacted â—he same Fitz. nat br fol. 226. Reg. fol. 258. Essoin essonium cometh of the French essomè or exonniè i. causarius miles he that hath his presence forborn or excused upon any just cause as sicknesse or other incumbrance It signifieth in our Common Law and allegement of an excuse for him that is summoned or sought for to appear and answer to an Action real or to perform sute to a Court Baron upon just cause of absence It is as much as excusatio with the Civilians The causes that serve to essoin any man summoned be divers and infinite yet drawn to five heads whereof the first is ulira mare the second de terra sancta the third de malo veniendi which is also called the common Essoin the fourth is de malo lecti the fifth de servitio Regis For further knowledge of these I refer you to Glanvile in his whole first book and Bracton lib. 5. tract 2. per totum and Britton c. 122 123 124 125. and to Horns Mirrour of Justices lib. 1. cap. des Essoins who maketh mention of some more essoins touching the service of the King celestial then the rest do and of some other points not unworthy to be known Of these Essoins you may read further in Flet. l. 6. c. 8. seq and that these came to us from the Normans is well shewed by the Grand Custumary where you may find in a manner all said that our Lawyers have of this matter cap. 39 40 41 42 43 44 45. Essoins and profers anno 32 H. 8 cap. 21. See Profer Essonio de malo lecti is a Writ directed to the Sheriff for the sending of four lawful Knights to view one that hath essoined himself de malo lecti Regist. orig fol. 8. b. Establishment of dower seemeth to be the assurance of dower made to the Wife by the Husband or his friends before or at marriage And assignement is the setting it out by the Heir afterward according to the Establishment Britton cap. 102. 103. Estandard or Standard cometh of the French estandart or estandart i. signum vexillum It signifieth an Ensigne in war as well with us as with them But it is also used for the principal or standing measure of the King to the scantling whereof all the measures thorowout the Land are or ought to be framed by the Clerk of the Market Anlneger or orher Officer according to their functions For it was established by the Statute of Magna Charta an 6 H. 3. cap. 9. That there should be but one scantling of Weights and Measures through the whole Realm which is sithence confirmed by Aâ—co 14 Ed. 3. cap. 12. and many other Statutes as also that all should be fitted to the Standard sealed with the Kings Seal It is not called a Standard without great reason because it standeth constant and immoveable and hath all other Measures coming toward it for their conformity even as Souldiers in field have their Standard or Colours for their direction in their march or skirmish Of these Standards and Measures read Britton cap. 30. Estate cometh of the French estat i. conditio and signifieth especially in our Common law that Title or Interest which a man hath in Lands or Tenements as estate simple otherwise called Fee-simple and estate conditional or upon condition which is as Litleson saith libro 3. caput 5. either upon condition in Deed or upon condion in Law Estate upon condition in Deed is where a man by Deed indented infeoffeth another in Fee referving to him and to his Heirs yeerly a certain Rent payable at one Feast or at divers upon condition that if the Rent be behind c. that it shall be lawful to the Feoffor and to his Heires to enter in the Lands or Tenements c. Estate upon condition in Law is such as hath a consideration in the Law annexed to it though it be not specified in writing For example if a man grant to another by his Deed the Office of a Parkership for Term of his life this estate is upon condition in the Law or imployed by Law viz. if the Parker so long shall well and
until he content the King for his fine Coke lib. 3. fol. 12. a. Capias utlagatum is a word of execution or after judgement which lyeth against him that is outlawed upon any sure by the which the Sheriff upon the receipt thereof apprehendeth the party outlawed for not appearing upon the exigend and keepeth him in safe custodie until the day of return assigned in the writ and then presenteth him unto the Court there farther to be ordered for his contempt Capias utlagatum inquir as de bonis catallis is a writ all one with the former but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body to inquire of his goods and cattels The form of all these writs see in the Old nat br fol. 154. and see the Terms of law verbo Proces Lastly you may find great variety of this kind in the table of the Register judiciall verbo Capias Capias in Wiâ—hernamium de averiis is a Writ lying for Cattel in Withernam Register orig f. 82. 83. see Withernam Capias in Withernamium de bemine is a writ that lieth for a servant in Withernam Register onig f. 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking up of such as having received prest money to serve the King slink away and come not in at their time assigned Register orig fo 191. Captain aliâs capitayne capitaneus commeth of the French capitaine and signifieth with us him that leadeth or hath charge of a company of Souldiers and is either generall as he that hath the governance of the whole host or speciall as he that leadeth one only band The word capitanei in other nations signifieth more generally those that are in Latine called principes or proceres because as Hotteman saith in verbis feudalibus tanquam caput reliquo corpori sic hii reliquis civibus praesunt He divideth them into two sorts and to use his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelliguntur l. 1. feud tit 1. § 1. ti 7. Alii impropriè qui urbium praefecti sunt quibus plebs ab liquo superiorum gubernanda committitur qui vallasoâ—es rigit majores appellantur l. feud tit 1. § 1. tit 7. et tit 17. So we have captaines of Castles here in England and other places as of the Isles of Gersay and Gernsey of the Isle of Wight c. Capite is a tenute which holdeth imâ— ediately of the King as of his crown be it by Knights service or socage Broke tet tenures 46. 94. Dyer fo 123. nu 38. et fo 363. nu 18. and not as of any Honour Castle or Mannor therefore it is otherwise called a tenure that holdeth meerely of the King because as the crown is a corporation and seigneurie in grosse as the Common lawyers term it so the King that possesseth the crown is in account of law perpetually King and never in his minority nor never dieth no more than populus doth whose authoritie he beareth See Fitzh nat br f. 5. F. Note by the way that a man may hold of the King and not in Capite that is not immediately of the crown in grosse but by means of some Honour Castle or Mannor belonging to the Crown whereof I hold my land Wherof Kitchin saith wel that a man may hold of the King by Knights service and yet not in capite because he holdeth happily of some honour by Knights service which is in the Kings hands as by descent from his ancestors not immediatly of the King as of his crown f. 129. with whom agreeth Fitzh nat or f. 5. K. whose words are to this effect So that it plainly appeareth that lands which be held of the King as of an Honour Castle or Mannor are not held in capite of the King because that a writ of right in that case shall be directed to the Bailiff of the Honour Castle or manor c. but when the lands be held of the King as of his Crown then they be not held of Honour Castle or Mannor but meerly of the King as King and of the Kings Crown as of a seigneury of it self in gross the chief above all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. nu 37. Author of the new Terms ver Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hold of the person of the King and not in capite His example is this If the King purchase a mannor that I. S. holdeth the Tenent shall hold as he held before and shall not render livery or primeiâ— seisin nor hold in capite And if the King grant that mannor to W. N. in fee excepting the services of I. S. then I. S. holdeth of the King as of the person of the King and yet holdeth not in capite but as he held before So that by this Book tenure holding of the person of the King and tenure in capite are two divers tenures To take away this difficulty I think M. Kitchin is in that place to be taken as if he said not in capite by Knights service but by socage following 〈◊〉 usuall speech because most commonly where wee talk of tenure in capite wee mean tenure by knights service Carno Cromptons jurisd fol. 191. is an immunitie Carke seemeth to be a quantity of Wool whereof thirty make a Sarpler anno 27 H. 6. ca. 2. See Sarpler Carrack alià s Carrick seemeth to be a ship of burthen so called of this Italian carrico or carco a burthen or charge or the Spanish cargo you have this word anno 2 R. 2. ca. 4. anno 1 Ja. ca. 33. Carroway seeds alià s Carruway seeds semen cari vel carei is a Seed springing of the herb so called of whose operation you may read in Gerards Herball li. 2. cap. 396. It is reckoned among the Merchandise that ought to be garbled anno 1 Jaco ca. 19. Carue of land carrucata terrae commeth of the French charue i. aratrum and with us is a certain quantity of land by the which the Subjects have sometime been taxed whereupon the tribute so levied is called Caruago Caruagium Bracton li. 2. cap. 16. nu 8. It is all one with that which the same Author lib. 2. cap. 17. calleth carucatam terrae For Littleton ca. Teuure in socage saith that haec soca socae idem est quod caruca sc one soke or one plow land Yet one place I find in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time King Henry took caruage that is to say two marks of silver of every Knights fee toward the marriage of his sister Izabell to the Emperour where caruage cannot be taken for a Plow land
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth 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 year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books 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 have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
his Hoast or to be his Marshall or to blow a Horn when he seeth his enemies invade the Land or to find a man at Armes to fight within the four Seas or else to do it himself or to bear the Kings Sword before him at his Coronation or at that day to be his Sewer Carver Butler or Chamberlain Litleton tit Sergeantie Petit Sergeantie is where a man holdeth land of the King to yeeld him yearly some small thing toward his warres as a Sword Dagger Bow Knife Spear pair of Gloves of mail a pair of Spurs or such like Litleton titulo petit Sergeantie Chivalrie that may hold of a Common person as well as of the King is called scutagium escuage that is service of the shield And this is either uncertain or certain Escuage is uncertain is likewise twofold first where the Tenent by his tenure is bound to follow his Lord going in person to the Kings wars against his enemies either himself or to send a sufficient man in his place there to be maintained at his cost so many dayes as were agreed upon between the Lord and his first Tenent at the granting of the fee. And the dayes of such service seem to have been rated by the quantity of the land so holden as if it extend to a whole Knights fee then the Tenent was bound thus to follow his Lord fortie dayes And a Knights see was so much land as in those dayes was accounted a sufficient living for a Knight and that was 680 acres as some opinion is or 800. as others think or 15 pounds per annum Camdens Britan. pag. 110. in meo S. Thomas Smith sayeth Census equestris is fortie pounds revenue in free lands If the law extend but to half a knights fee then the Tenent is bound to follow his Lord as above is said but twentie dayes If to a fourth part then ten dayes Fitz. nat br fo 83. C. 84. C. E. The other kind of this Escuage uncertain is called Castleward where the Tenent by his land is bound either by himself or by some other to defend a Castle as often as it shall come to his course Escuage certain is where the Tenent is set at a certain summe of money to be paid in lien of such uncertain service as that a man shall yearly pay for a Knights fee twenty shillings Stow. annal pag. 238. for half a Knights fee ten shillings or some like rate And this service because is it drawn to a certain rent groweth to be of a mixt nature not meerly Socage for that it smelleth not of the Plough and yet Socage in effect being now neither personal service nor uncertain Litleton titulo Socage This tenure called Chivalrie hath other conditions annexed unto it as Homage Fealtie Wardship Relief and Mariage Bracton lib. 2 cap. 35. which what they signify look in their places Chivalrie is either generall or especiall Dyer fo 161. num 47. Generall seemeth to be where only it is said in the Feosment that the Tenent holdeth per servitium militare without any specification of Sergeantie Escuage c. Speciall that which is declared particularly what kind of Knights service he holdeth by Chorall choralts seemeth to be any that by vertue of any of the orders of Clergy was in antient time admitted to fit and serve God in the Quire which in Latine is tearmed Chorus Chose res is the French word as generall as thyng is with us It is in the Common law used with divers Epithites worthy the interpretation as Chose locall is such a thing as is â—nnexed to a place Fo example a mill is Chose locall Kitchin fol. 18. Chose transitorie in the same place seemeth to be that thing which is moveable and may be taken away or carried from place to place Chose in action is a thing incorporeall and only a right as an Annuitie an obligation of debt a Covenant or Voucher by warrantie Broke titulo Chose in action And it seemeth that Chose in action may be also called Chose in suspence because it hath no reall existence or being neither can be properly said to be in our possession Broke ibidem Church wardens Ecclesiarum gardiani be Officers yearly chosen by the consent of the Minister and Parishioners according to the Cnstome of everie severall place to look to the Church Church-yard and such things as belong â—o both and to observe the behaviours of â—heir Parishioners for such faults as appertain â—o the Jurisdiction or censure of the Court Ecclesiastical These be a kind of Corporation enabled by law to sue for any thing belonging to their Church or poor of their Parish See Lamberd in his Pamphlet of the duty of church-wardens Churchesset is a word that I find in Fleta l.b. 1. cap. 47. in fine whereof he thus writeth Certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die Sancti Martini empore tam Britonum quà m Anglorum contribuerunt Plures tamen magnates post Romanorum adventum illam contributionem secundum veterem legem Moysi nomine primitiarum dabant prout in brevi regis Knuti ad summum Pontificem traxsmisso continetur in quo illam contributionem chirchsed appellant quasi semen Ecclesiae CI Cinamon cinamomum is a tree whereof the bark is known to be a pleasant comfortable and medicinall spice which you have described in Gerards Herball li. 3. cap. 142. This is reckoned among garbleable spices anno 1 Jac. 19. Cinqne portes quinque portus be those special Havens that ly toward France therfore have been thought by out Kings from time to time to be such as ought most vigilantly to be observed against Invasion In which respect the places where they be have an especial governour or keeper called by his office Lord Warden of the Cinque Ports and divers pri vileges granted unto them as a particular ju risdiction their Warden having the authority of an Admirall among them and sending out writs in his own name Crompton in his jurisdictions fol. 28. nameth the Cinque por s Dover Sandwich Rye Hastings Winchelsea Rumney Hithe whereof some because the number exceedeth five must either be added to the first institution by some latter graunt or be accompted as appendents to some of the rest See Gardein of the Cinque ports and the Statute anno 32 H. 8. cap. 48. Circuit of action circuitus actionis is a longer course of proceeding to recover the thing sued for than is needfull See the new Terms of law Circumstantibus is a word of art signifying the supply or making up of the number of Jurors if any impaneled appear not or appearing be challenged by either party by adding unto them so many other of those that are present or standing by as will serve the turn v. an 35 H. 8. cap. 6. and anno 5 Elizab. cap. 25. Citie civitas commeth of the French cite and signifyeth with us as it doth in other Regions such a Town
disavow or forsake whatsoever right he hath unto them See the Statute anno 10. Edward 1. cap. unico Forstall is to be quit of amerciaments and cattels arrested within your land and the amerciaments thereof comming New terms of law Forstalling forstallatio is partly French for estaller is in that tongue as much as merces exponere expedice explicare or to shew wares in a Market or Fair. It signifieth in our Common law the buying or bargaining for any victuals or wates comming to be sold toward any Fair or Market or from beyond the Seas toward any City Port Haven Creek or road of this Realm and before the same be there anno 51. H. 3. stat 6. West parte 2. Symbol titulo indictments sect 64. Forstaller in Cromptonâ— Jurisdiction fol. 153. is used for stopping of a Deer broker out of the Forest from returning home again or laying between him and the Forest in the way that he is to return See Regratours and Engrossers See Cromptons Justice of peace fol. 69. a. The Author of the new terms of Law defineth it thus Forstalling Forstallamentum is the buying of Corn Cattell or other Merchandise by the way as it cometh toward the Fair or Market to be sold to the intent to sell the same again at a more high and deer price Fleta saith thus of it significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. cap. 47. Fortescue was a learned Lawyer and Lord Chanceller in Henry the 6. daies who writ a book in the commendation of our Common Laws Fortlet forte letum cometh neer the French fortlet i. valenticulus forticulus and signifieth in our Common law a place of some strength Old nat br fol. 45. This in other Countries is written fortalitium and signifieth castrum Scraderus select practabil quaest sect 12. num 7 8. Fother is a weight of twenty hundred which is a wain or cart load Speight in his Annot upon Chawcer Fourche Afforciare seemeth to come of the French Fourchir i. tiâ—ubare lingua and signifieth in our Common law a putting off prolonging or delay of an action and it appeareth no unpleasant Metaphor for as by stammering we draw out our speech not delivering that wee have to say in ordinary time so by fourching wee prolong a sute that might be ended in a shorter space To fourch by essoin Westm 1. cap. 24. anno 3. Edw. pri where you have words to this effect Coparceners Jointenants and Tenents in common may not fourch by essoin to essoin severally but have only one essoin as one sole tenent may have And anno 6. Edw. 1. ca. 10. You have it used in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balls of great dogs feet in the Forest See Expeditate And to be quit of footgeld is a privilege to keep dogs within the Forest unlawed without punishment or controlement Cromptons Jurisd fol. 197 Manwood parte pri of his Forest Laws pag. 86. Fowles of warren See Warren Founder is he that melteth metal and maketh any thing of it by casting it into a mould c. anno 17. Rich. 2. cap. 1. derived of the verb fundere to powre FR Franthise libertas franchesia cometh of the French franchise so signifying it is taken with us for a privilege or an exemption from ordinary jurisdiction and sometime an immunity from tribute It is either personall or reall Crompt Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of immunity whereof he is either chief or a member In what particularly things franchises commonly consist See Britian cap. 19. Franchise royall anno 15. R. 2. ca. 4. et anno 2. H. 5. cap. 7. in fine seemeth to be that where the Kings writs run not as Chester and Durham they are called Seignories royal anno 28. H. 6. cap. 4. The author of the new Terms of law saith that franches royal is where the King granteth to one and his heirs that they shall be quit of tolle or such like See franchise in the new book of Entries See Bracton lib. 2. cap. 5. See Sac. Frank almoin libera Eleemozyna in french frank Ausmone signifieth in our Common law a tenure or title of lands Britton cap. 66. num 5. saith thus of it Frank almoyne is lands or tenements bestowed upon God that is given to such people as bestow themselves in the service of God for pure and perpetual almes whence the Feoffours or givers cannot demand any terrestiall service so long as the lands c. remain in the hands of the Feoffees With this agreeth the grand Costumary of Normandie cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol 211. See the new book of Entries verbo Frank almoin But Britton maketh another kind of this land c. which is given in almes but not free almes because the tenents in this are tyed in certain services to the Feoffour Britton ubi supra Frank bank francus bancus in true french franc bank signifieth word for word a free bench or seat and among our Law-writers it seemeth to be used for Copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant francum bancum suum de terris sockmaxnorum et tenent nomine dotis Fitz. calleth it a custome whereby in certain Cities the wife shall have her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a liberty of feee chase whereby all men having ground within that compasse are prohibited to cut down wood or discover c. without the view of the Forester though it be his own Demesn Cromptons Jurisdictions fol. 187. Frank fee feudum francum seis liberum is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being antient demesn of the Crown viz. the Demesns is called frank fee and that which is in the hands of the tenents is ancient demeasn only see the Register orign fol. 12. a. Whereby it seemeth that that is frank fee which a man holdeth at the Common law to himself and his heirs and not by such service as is required in antient demesn according to the custome of the mannor And again I find in the same book fol. 14. b. a note to this effect that the lands which were in the hands of King Edward the Saint at the making of the book called Doomesday is antient demesn and that all the rest in the Realm is called frank
fee with the which note Fitzherb agreeth nat br fol. 161. E. So that all the land in the Realm by this reason is either antient demesn or frank fee. The new expounder of the Law terms defineth frank fee to be a tenure in fee simple of lands pleadable at the Common law and not in antient demesn See Fachineus li. 7. c. 39. who defineth it feudum francum esse pro quo nullum servitium praestatur Domino with whom agreeth Zasius de feudis parte 12. saying that therefore it is fedum improprium quia ab omni fervitio liberum Frank ferme firma libera is land or tenement wherein the nature of fee is changed by feofment out of Knights service for certain yearly services and whence neither homage wardship mariage nor relief may be demanded nor any other service not contained in the feo ment Britton ca. 66. num 3. see Fee ferme Frank law libera lex See Cromptons Justice of peace fol. 156. b. where you shall find what it is by the contrary For he that for an offence as conspiracie c. leeseth his frank law is said to fall into these mischiefs first that he may never be impaneled upon any jury or assise or otherwise used in testifying any truth Next if he have any thing to doe in the Kings Court he must not approach thither in person but must appoint his Atturney Thirdly his lands goods and chattels must be seised into the Kings hands and his lands must be estreaped his trees rooted up and his body committed to prison For this the said Author citeth the book of Assises 2 fol. 59. Conspiracy F. 11.24 Edw. 3. fol. 34. See Conspiracy Frank marriage liberum maritagium is a tenure in tail speciall growing from these words in the gift comprised Sciant c. me M. H. de W. dedisse concessisse et praesenti charta mea confirmasse I. A. filio meo Margeriae uxori ejus filiae verae T. N. in liberum maritagium unum messuagium c. West parte 1. Symb. li. 2. sect 303. The effect of which words is that they shall have the land to them and the heirs of their bodies and shall doe fealty to the donour untill the fourth degree Se new terms of law Glanvile li. 7. ca. 18. Bracton li. 2. ca. 7. num 4. where he divideth maritagium in liberum servitio obligatum See Marriage Fleta giveth this reason why the heirs doe no service untill the fourth descent ne donatores vel eorum haeredes per homagum receptionem à reversione repellantur And why in the fourth descent and downward they shall do service to the donour quia in quarto gradu vehementer praesumiter quod terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frank pledge franciplegium is compounded of frank i. liber and pleige i. fidejussor and signifieth in our Common law a pledge or surety for free-men For the antient custome of England for the preservation of the publike peace was that every free born man at fourteen yeeres of age after Bracton religious persons Clerks Knights and their eldest sonnes excepted should find surety for his truth toward the King and his subjects or else be kept in prison whereupon a certain number of neighbors became customably bound one for another to see each man of their pledge forth comming at all times or to answere the transgression committed by any broken away So that whosoever offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his answer or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. housholds And every particular person thus mutually bound for himself and his neighbours was called Decennier because he was of one Decenna or another This custom was so kept that the Sheriffs at every county court did from time to time take the oaths of young ones as they grow to the age of 14 years and see that he were combined in one dozen or another whereupon this branch of the Sheriffs authoritie was called visus Franciplegii view of Frank pledge See the stat for view of Frank pledge made an 18. E. 2. See Decennier Leetview of Frank pledge Freoborghe That this discipline is borrowed by us of the Roman Emperours or rather Lombards appeareth most manifestly in the second book of Feuds ca. 53. upon which if you read Hotoman with those Authors that hee there recordeth you will think your labour well bestowed Read more of this viz. what articles were wont to be inquired of in this Court in Horns mirrour of Justices lib. 1. ca. de la veneu des francs pleges and what these articles were in antient times see in Fleta lib. 2. cap. 52. Fredwit See Fletwit Free chapel libera Capella by some opinion is a Chapel founded within a Parish for the service of God by the devotion and liberality of some good man over and above the mother Church unto the which it was free for the parishioner◠to com or not to come endowed with maintenance by the founder thereupon called free I have heard others say and more probably that those only be free Chapels that are of the Kings foundation and by him exempted from the Jurisdiction of the Ordinarie but the King may license a subject to found such a Chapel and by his Charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the Jurisdiction of the Diocesan appeareth by the Register original fol. 40. 41. These Chapells were all given to the King with chaunteries anno 1. Edw. 6. ca. 14. Free chapell of Saint Martin le grand an 3. Ed. 4. capite quarto et an 4. E. quarti c. 7. Free hold liberum tenementum is that land or tenement which a man holdeth in fee fee tail or at the least for term of life Bract. lib. 2. ca. 9. The new expounder of the Law terms saith that freehold is of two sorts Freehold in deed and freehold in law Freehold in deed is the real possession of land or tenements in fee fee tai◠or for life Freehold in law is the right that a man hath to such land or tenements before his entry or seisure I have heard it likewise extended to those offices which a man holdeth either in fee or for term of life Britton defineth it to this effect Franck tenement is a possession of the soil or services issuing out of the soil which a free man holdeth in fee to him and his heirs or at the least for term of his life though the soil be charged with free services or other cap. 32. Freehold is sometime taken in opposition to villenage Bract. lib. 4.37 38. M. Lamberd in his explication of Saxon words verbo
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law 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 Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh 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 octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service 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 heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold 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 whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law 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 Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear the same title on the opposite part of the Sea whose office was to strengthen the Sea Coasts with Munition against the outrages and robberies of the Barbarians And farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the Court with parties sufficient throughly to determine the cause because untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same
casual homicide voluntary is that which is deliberated and committed of a set mind and purpose to kill Homicide voluntary is either with precedent malice or without The former is murther and is the felonious killing through malice prepensed of any person living in this Realm under the Kings protection West parte 2. Symbol tit Inditements Sect. 37. c. usque ad 51. where you may see divers subdivisions of this matter See also Glanvile l. b. 14. cap. 3. Bract. lib. 3. tract 2. ca. 4.15 17. Brit. ca. 5.6.7 see Murther Manslaughter and Chancemedly Homesoken aliâs hamsoken Hamsoca is compounded of Ham i. habitatio and soken i. quaerere It is by Bracton lib. 3. tract 2. cap. 23. thus defined Homesoken dicitur invasio domus contra pacem Domini Regis It appeareth by Rastal in the title Exposition of words that in antient times some men had an immunity to doe this for he defineth Homesoken to be an immunity from amercement from entring into houses violently and without license which thing seemeth so unreasonable that me thinketh he should be deceived in that his exposition I would rather think it should bee a liberty or power granted by the King to some common person for the cognisance or punishment of such a transgression for so I have seen it interpreted in an old note that I have given mee by a friend which hee had of an expert man toward the Exchequer but of what authority I know not See Hamsoken Hondhabend is compounded of two Saxon words hond id est hand and habend i. having and signifieth a circumstance of manifest theft when one is deprehended with the thing stollen in his hand Bract. lib. 3. tractat 2. cap. 31. 54. who also use the handberend for the same eodem cap. 8. Honour honor is beside the generall signification used especially for the more noble sort of Seigniories whereof other inferiour Lordships or Mannours do depend by performance of customes and services some or other to those that are Lords of them And I have reason to think that none are Honours originally but such as are belonging to the King Howbeit they may afterward bee bestowed in fee upon other Nobles The manner of creating these Honours may in part be gathered out of the Statutes anno 34 Hen. 8. ca. 5. where Hampton Court is made an Honour and anno 33. ejusdem ca. 37. et 38. whereby Amptill and Grafton be likewise made Honours and anno 37. ejusdem cap. 18. whereby the King hath power given by his Letters patents to erect four severall Honours of Westminster of kingston upon Hull Saint Osithes in Essex and Dodington in Barkeshire This word is also used in the self-same signification in other nations See ca. licet causam extra de probationibus and Minsinger upon it nu 4. In reading I have observed thus many honours in England The honour of Aquila Camdens Britan. pag. 231. of Clare pag. 351. of Lancaster pag. 581. of Tickhill pa. 531. of Wallingford Nottingham Boloine Magnacharta ca. 31. of West Greenewish Camden pag. 239. of Bedford Pupil oculi parte 5. ca. 22. of Barhimsted Brook titulo Tenure num 16. of Hwittam Camden pa. 333. of Plimpton Cromptons Jurisd fo 115. of Crevecure and Hagenet Fobert anno 32 Hen. 8. cap. 48. of East-Greenewish of Windsor in Barkshire of Bealew in Essex anno 37 H. 8. cap. 8. of Peverel in the County of Lincoln Regist origin fo 1. Horngeld is compounded of Horn and Gildan or Gelder i. Solvere It signifieth a tax within the forest to be paid for horned beasts Cromptons Jurisdict fo 197. And to be free thereof is a privilege granted by the king unto such as he thinketh good Idem ibidem and Rastall in his Exposition of words Hors de son fee is an exception to avoid an action brought for rent issuing out of certain land by him that pretendeth to be the Lord or for some customes and services for if he can justifie that the land is without the compasse of his fee the action falleth v. Brook hoc titulo Hospitallers Hospitalarii were certain knights of an Order so called because they had the care of hospitals wherein Pilgrimes were received To these Pope Clement the fifth transferred the Templers which Order by a Council held at Vienna in France he suppressed for their many and great offences as he pretended These Hospitallers be now the knights of Saint John of Malta Cassan Gloria mundi part 9. considerat 5. This constitution was also obeyed in Edward the seconds time here in England and confirmed by parliament Thom. Walsingham in hist Ed. 2. Stowes Annals ibidem These are mentioned an 13 Ed. 1. ca. 43. and an 9 Henrici 3. ca. 37. Hostelers Hostellarius cometh of the French Hosteler i. Hospes and signifieth with us those that otherwise we call In keepers anno 9 Ed. 3. stat 2. cap. 11. Hotchepot in partem positio is a word that commeth out of the Low-countries where Hutspot signifieth flesh cut into pretty pieces and sodden with herbs or roots not unlike that which the Romans called farraginem Festus Litleton saith that literally it signifieth a puding mixed of divers ingrediments but metaphorically a comixtion or putting together of lands for the equall division of them being so put together Examples you have divers in him fo 55. and see Britton fol. 119. There is in the Civil law Collatio bonorum answerable unto it whereby if a Child advanced by the Father in his life time do after his Fathers decease chalenge a Childs part with the rest he must cast in all that formerly he had received and then take out an equal share with the others Decollatio bonorum Ï€. lib. 37. titulo 6. House-bote is compounded of House and Bote i. compensatio It signifieth Estovers out of the Lords wood to uphold a tenement or house House-robbing is the robbing of a man in some part of his house or his booth or tent in in any fair or market and the owner or his wife children or servants being within the same for this is felony by anno 23 H. 8. cap. 1. and anno 3 Ed. 6. cap. 9. yea now it is felony though none be within the house anno 39 Eliz. cap. 15. See Burglary See West part 2. sym tit Inditements sect 67. HU Hudegeld significat qui tantiam trcnsgressionis illatae in servum transgredientem Fleta lib. cap. 47. Quaere whether it should not be Hindegeld Hue and Crie Hutesium Clamor come of two French words Huier and Crier both signifiing to shout or crie aloud M. Manwood parte 2. of his Forest laws cap. 19. num 11. saith that Hew is Latine meaning belike the Interâ—ection but under reformation I think he is deceived this signifieth a pursute of one having committed felony by the high-way for if the party robbed or any in the company of one murdered or robbed come to the Constable of the next Town and will
longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and
travers Stawnf praerog fo 96. to tend an averment Brit. cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being used adjectively signifieth in English speech as much as it doth in French But in our Common law it is used as a verb and betokeneth as much as carefully to offer or circumspectly to endeavour the performance of any thing belongingunto us to tender As rent is to offer it at the time and place where and when it ought to be paid To tender his law of non summons Kitchin fo 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See law See make Tenementis legatis is a Writ that 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 chatels to whom they list for the hearing of any controversie touching this matter and for the rectifying of the wrong Reg. orig f. 244. b. Tenant alias tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our Common law him that possesseth Lands or tenements by any kind of right be it in fee for life or for years This word is used with great diversity of Epithits in the Law sometime signifying or importing the efficient cause of possession as Tenent in Dower which is she 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 unto him Tenent in frank mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage between 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 born alive 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 upon condition that if the lessor pay so much mony at such a day that he may enter and if not that the seassee shall have a fee simple fee tayl or freehold Sometime these Epithites import the manner of admittance as Tenent by the Verge in antient demeâ—n Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn Sometime the evidence that he hath to shew for his estate as Tenent by copy of Court roll which is one admitted Tenant of any Lands c. within a Manor that time out of the memory of man by the use and custome of the said Manour have been demisable and demised to such as will take the same in fee fee tayl for life years or at will according to the custome of the said manor West parte prim symb li. 2 sect 646 whom read more at large Again Tenent by charter is he that holdeth by feoffment in writing or other deed Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure As Tenent by Knight service Tenents in burgage Tenent in soccage 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 tayl Idem fol. 153. Tenent at the will of the Lord according to the custome of the manner Idem fo 132 165. Tenent at will by the Common law Idem eodem Tenent upon sufferance Idem fol. 165. Tenent of state of Inheritance Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth as tenent in chief i. he that holdeth of the King in the right of his Crown Fitzher nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honor eodem Very tenent i. he that holdeth immediately of his Lord Kitchin fol. 99. For if there be Lord Mesn and tenent the tenent is very tenent to the Mesn but not to the Lord above Tenent paravailes pl. cor 197. Fitzh nat br fo 136. D. is the lowest Tenent and farthest distant from the Lord Paramount It seemeth to be Tenent Per availe See Dyers Commentaries fol. 25. nu 156. No tenent in right to the Lord but Tenent for the avowry to be made Littleton fol. 96. Sometime they have a relation between Tenents and Tenents in several kinds as Joynt tenents i. they that have equal right in lands and tenements and all by vertue of one title Litleton lib. 3. cap. 3. Tenents in Common be they that have equal right but hold by divers titles as one or more by gift or descent and others by purchase Idem eodem cap. 4. Particular tenent Stawnf Praerog fol. 13 that is he which holdeth only for his term as tenent in dower tenent by the courtesie or otherwise for life West parte 2. Symbol titulo Fines Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case lib. 1. fo 15. a. they be termors for years or life See Plowden casu Colthirst fol. 22. b. Sole tenent Kitchin 134. i. he that hath none other joyned with him If a man and his wife hold for both their lives and the man dyeth he dyeth not sole tenent Idem eodem Several tenent is opposite to joynt tenents or tenents in common See Several tenenoy Tenent al praecip is he against whom the writ Praecipe is to be brought Cokes Reports lib. 3. The case of Fines fo 88. a. Tenent in demesn anno 13 Ed. 1. cap. 9. anno 32 H. 8. ca. 37. is he that holdeth the demeans of a manor for a rent without fervice Tenent in service anno 20 Ed. 1. stat 1 is he that holdeth by service v. Britton cap. 79. in principio cap. 96 Car fealtic c. â—â—el quaere whether he may be termed tenent in Demein that holdeth some of the demeans howsoever and he tenent in service which is a Free-holder to a Manor holding by service for the Free-holds of a Manor are not accounted of the demesn but only that which the Lord keepeth in his own hand or letteth out by copy according to the custome of the Manor Tenent by execution anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an execution upon any Statute Recogn zance c. Tendeheved decanus vedcaput decem familiarum of this see Rogen Hovedon parte poster suorum annalium fol. 346 a. See Frank pledge Tenement tenementum is diversly used in the Common law most properly it signieth a house or home Stall but in a larger sig nfication it is taken either for house or land that a man holdeth of another And joyned with the Adjective Frank in our Lawyers French it
but of a Rent the same Actions lye as do of Land as the Case requireth The third difference is that an Annuity is never taken for Assets because it is no Free-hold in law neither shall be put in execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. num 2. speaketh also to this effect Annise-seed semen anisi is a medicinal seed not unknown so called of the herb anisum whereof it is the fruit Of this he that listeth may read Gerards Herbal lib. 2. ca. 397. It is noted among the garbleable drugs and spices anno 1 Jaco ca. 19. Anoisance aliâs Noisance aliâs Nusance nocumentum commeth of the French nuisance i. incommodum noxa and hath a double signification being used as well for any hurt done either to a publick place as high-way bridge or common river or to a private by laying any thing that may breed infection by incroaching or such like means as also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoysance I find anno 22 H. 8. c. 5. AP Apostate capiendo is a Writ that lyeth against one that having entred and professed some order of Religion breaketh out again and wandereth the Country contrary to the Rules of his Order For the Abbot or Prior of the House certifying this into the Chancery under their Common seal and praying this Writ directed to the Sheriff for the apprehension of such Offendour and for the delivery of him again to his Abbot or Prior or their lawfull Attorney were wont to obtain the same The form wherof with other circumstances you shall find in the Register orig fol. 71 267. and Fitzh natur br fol. 233. C. Apparlement commeth of the French pareilement i. similiter perinde itidem and signifieth a resemblance as apparlment of War anno 2 R. 2. stat 1. ca. 6. Appeal appellum commeth of the French appellor i. accire accersere nominare evocare clamore aliquem flagitare Itsignifieth in our Common-law as much as accusatiâ— with the Civilians For as in the Civil-law Cognisance of criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon indictment or appeal indictment comprehending both inquisition and denunciation And accusation or appeal is a lawfull declaration of another mans crime which by Bracton must be felony at the least in the Common-law before a competent Judge by one that setteth his name to the Declaration and undertaketh to prove it upon the penalty that may ensue of the contrary To declare the whole course of an Appeal were too much for this Treatise Wherefore for that I must refer you to Bracton lib. 3. tract 2. c. 18. cum sequent Britton c. 22 23 24 25. and to S. Thomas Smith l. 3. de repub Anglo c. 3. and lastly to Stawnf pl. cor l. 2. c. 6 7 c. usque 17. An Appeal is commenced two waies either by VVrit or by Bill Stawnf ubi supra fol. 46. And it may be gathered by him fol. 148. that an Appeal by VVrit is when a VVrit is purchased out of the Chancery by one to another to this end that he appeal a third of some felony committed by him finding Pledges that he shall do it and deliver this VVrit to the Sheriff to be recorded Appeal by Bill is when a man of himself giveth up his accusation in writing to the Vicount or Coroner offering to undergo the burthen of appealing another therein named This point of our Law among others is drawn from the Normans as appeareth plainly by the grand Customary cap. 68. where there is set down a solemn discourse both of the effects of this Appeal viz. the order of the combat and of the tryal by inquest of which by the Common-law of England it is in the choise of the Defendant whether to take See the new book of entries verbo Appel and the book of Assises fo 78. Appel Appeal of mahem appellum mahemit is an accusing of one that hath maimed another But that being no felony the Appeal thereof is but in sort an action of Trespass because there is nothing recovered but dammages Bracton calleth this appellum de plagis mahemâ—o and writeth of it a whole Chapter l. 3. tract 2. ca. 24. See S. Edw. Cook 4. vol. fo 43. a. Appeal of wrong imprisonment appellum de pace imprisonnamento is used by Bracton for an action of wrong imprisonment whereof he writeth a whole tractat lib. 3. tractat 2. ca. 25. Appeal appellatio used in our Common law divers times as it is taken in the Civil Law which is a removing of a cause from an inferiour Judge to a superiour as appeal to Rome an 24. H. 8. ca. 12. an 1 Eliz. ca. 1. But it is more commonly used for the private accusation of a murtherer by a party who had interest in the party murthered or of any felon by one of his complices in the fact See Approver Appendant appendens is any thing belonging to another as accessorium principali with the Civilians or adjunctum subjecto with the Logicians An Hospital may be appendant to a manor Fitz. nat br f. 142. Common of fishing appendant to a free hold Westm 2. ca. 25. anno 13. Ed. 1. Appertinances pertinentiae commeth of the French appertenir i. pertinere It signifieth in our common law things both corporall belonging to another thing as to the more principall as Hamlets to a chief Mannor common of pasture turbarie piscarie and such like and incorporeall as liberties and services of Tenents Brit. c. 39. Where I note by the way that he accounteth common of Pasture turbary and piscary to be things corporal Look Common Apportionment Apportionamentum is a dividing of a Rent into parts according as the land whence the whole rent issueth is divided among two or more See the new terms of Law Apprentice Appenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with us one that is bound by covenant in word or writing to serve another man of Trade for certain years upon Condition that the Artificer or man of Trade shall in the mean time endeavour to instruct him in his Art or Mysterie S. Thomas Smith in his Book de rep Ang. l. 3. c. 8. saith that they are kind of Bondmen differing only in that they be Servants by Covenant and for a time Of these you may read divers Statutes made by the wisedome of our Realm which I think superfluous here to mention Appropriation appropriatio proceedeth from the French approprier i. aptare accommodare and properly signifieth in the law of England a severing of a benefice ecclesiastical which originally and in nature is juris diviâ—i in patrimonio nullius to the proper and perpetual use of some Religious House or Dean c. and Chapter Bishoprick or College And the reason of
heed thereof by which bow one passing by is slain In which case he offendeth because he gave no warning that the party might have taken heed to himself See Skene de verbo signifi verbo Melletum Chaungeour is an Officer belonging to the Kings mint whose function seemeth especially to consist in exchanging coin for gold or silver in the Masse brought in by Merchants or others anno 2 H. 6. cap. 12. Chauntery cantaria is a Church or Chapel endowed with lands or other yearly revenue for the maintenance of one or moe Priests daily to sing Masse for the souls of the Donours and such others as they do appoint anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Check-rolle seemeth to be a rolle or book that containeth the names of such as are attendants and in pay to great personages as their houshold servants It is otherwise called the chequer roll anno 24 H. 8. cap. 13. anno 3 H. 7. cap. 13. and seemeth to have one etymologie with eschequer Which see Chevage chevaginâ— cometh of the French chef i. caput It signifieth with us a summe of money paid by villeins to their Lords in acknowledgement of their slavery Whereof Bracton lib. 1. cap. 10 saith thus chevagium dicitur recognitio in signum subjectionis dominti de capite suo It seemeth also to be used for a sum of money yearly given to a man by another of might and power for his avowement and maintenance protection as to their head or leader M. Lamberds li. 2. cap. 5. Eirenarch writeh it chivagt or rather chiefage Chevisance cometh of the French chevir i. venir a chief de quelque chose to come to the head or end of a business to perfect a matter This word is used for bargaining anno 37 H. 8. cap. 9. t anno 13 Eliz. cap. 5. et 8. anno 10 R. 2. cap. 1. et anno 3 H. 7. cap. 5. Chief See Capite Chief pledge plegius vel vas capitalis anno 20 H. 6. cap. 8. For the understanding of this word See Boâ—owhead Childwit cometh of the Saxon word child and wit which some say in that tongue is a termination of some words without signification as dom in Christendom or hood in childhood with us But for the signification of wit see Bloudwit Childwit signifieth a power to take a fine of your bondwoman begotten with child without your consent Rastall exposit of words Chimin chiminus cometh from the French chemin i. aditus via and signifieth in our Common law a way It is divided into two sorts the Kings high way and a private way Kitchin fol. 35. The Kings high way chiminus regius is that by which the Kings subjects and all others under his protection have free libertie to passe though the propertie of the soyl of each side where the way lieth may perhaps belong to some private man A way private i that by which one man or more have liberty to passe either by prescription or by Charter through another mans ground And this is divided into chimin in grosse and chimin appendant Kitchin fol. 117. Chymin in grosse is that way which a man holdeth principally and solely in it self Chimin appendant is that which a man hath adjoyneâ— to some other thing as appertinent thereunto For example if a man hire a close or pasture and covenant for ingresse and egresse to and from the said close through some other ground by which otherwise he cannot passe Or Chimin in grosse may be that which the Civilians call personall as when one covenanteth for a way through another mans ground for himself and his heirs Chimin appendant on the other side may be that which they call real as when a man purchaseth a way through another mans ground for such as do or shall dwell in this or that house for ever or be owners of such a mannor Chiminage chiminagium signifieth a toll for wayfarage thorow the Forest Cromptons jurisd fol. 189. and Manwood parte 1. of his Forest lawes pag. 86. See Chimin The Feudists call it Pedagium See Chimin Chirographer of Fines chirographus finium concordâ—arum cometh of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a writing of a mans own hand whereby he acknowledgeth a debt to another It signifieth in our Common Low him in the Common Bench office that ingrosseth Fines in that Court acknowledged into a perpetual record after they be acknowledged and fully passed by those Officers by whom they are formerly examined and that writeth and delivereth the Indentures of them unto the party anno 2 H. 3. cap. 8. and West Symbol parte 2. titulo fines sect 114. 129. Fitzh nat br fol. 147. A. This Officer also maketh two Indentures one for the Buyer another for the Seller and maketh one other intended piece containing also the effect of the Fine which he delivereth over to the Custosbrevium that is called the foot of the Fine The Chirographer also or his Deputy doth proclaim all the Fines in the Court every Term according to the Statute and then repairing to the office of the Custos brevium there indorseth the Proclamations upon the backside of the foot thereof and alway keepeth the Writ of Covenant as also the note of the Fine Chivage See Chevage Chivalrie servitium militare commeth o the French chevalier i. eques and signifieth in our Common law a tenure of land by Knights service For the better understanding whereof it is to be known that there is no land but is holden mediately or immediately of the Crown by some service or other and therefore are all our Free-holds that are to us and our heirs called Feuda feese as proceeding from the benefit of the King for some small yearly Renâ— and the performance of such services as originally were laid upon the Land at the donation thereof For as the King gave to the great Nobles his immediate Tenents large possessions for ever to hold of him for this or that Rent and service so they again in time parcelled out to such as they liked their lands so received of the kings bounty for Rents and services as they thought good And these services are all by Litleton divided into two sorts Chivalrie and Socage The one is martiall and military the other clownish and rusticall Chivalrie therefore is a tenure of service whereby the Tenent is bound to perform some noble or military office unto his Lord and is of two sorrs either regall that is such as may hold only of the king or such as may also hold of a Common person as well as of the king That which may hold only of the king is properly called Servitium or Sergeantiâ— and is again divided into grand or petit i. great or small Great commonly called Grand Sergeantie is that where one holdeth lands of the King by service which he ought to doe in his own person unto him as to bear the kings Banner or his Spear or to lead
40. Commen of fishing communia pisâ—ariae Idem l. 2. ca. 34. Common of Turbary i. of digging Turves communia turbariae Idem lib. 4. cap. 41. Commen of estovers communia estoveriorum Kitchin fo 94. Commen is divided into Commen in grosse commen appendant commen appertinent and commen per caus de vicinage i. by reason of neighbourhood Commen in grosse is a liberty to have Commen alone that is without any land or tenement in another mans land to himself for life or to him and his heires And it is commonly passed by deed of grant or specialty Old nat brev fol. 31. 37. Commen appendant and Commen appertinent be in a manner confounded as appeareth by Fitz. Nat. brev fol. 180. and be defined â—â— be a liberty of Common appertaining to or depending of such or such a Free-hold Only Kitchin fol. 94 seemeth to make this difference that he which hath Common appertinent hath it without limitation of this or that kind of Beasts But that is controlled by Dyer fol. 70. b. num 19. Hee that hath Commen appendant hath it but for beasts commendable as horses oxen kine and sheep being accounted fittest for the Plowman and not of Goates Geese and Hogs Whereunto the Author of the new Terms of Law addeth another difference which is That Commen appertinent may be severed from the land wherunto it is appertinent but not Commen appendant The originall of Commen appendant Sir Edw. Coke l. 4. fol. 37. thus expresserh Commen appendant by the antient Law had beginning in this manner when a Lord infeossed another in earable lands to hold of him in Socage id est per servitium socae as all tenure in the beginning according to Litleton was the Feoffee to maintain the service of his plow had Commen in the wasts of his Lord for his necessary beasts to gain and compasse his land and that for two causes one for that as then it was taken it was tacite implyed in the feoffement by reason the Feoffee could not gain or compasse his land without cattel and cattel could not be sustained without pasture and so by consequent the feoffee had as a thing necessary and incident Commen in the wasts and land of the Lord. And this appeareth by antient books temp Ed. 1. tit Commen 24. 17. Ed. 2. tit Commen 23. 20 Ed. 3. tit Admesurement S. 18 Ed. 3. and by the rehearsall of the statute of Merton c. 4. The second reason was for maintenance and advancement of tillage which is much regarded and favoured in the Law Thus far Sir Edward Commen per cause de vicinage is a liberty that the Tenents of one Lord in one town have to Commen with the Tenents of another Lord in another town which kind of Commen they that challenge may not put their cattell into the Commen of the other town for then they be distreinable but turning them into their own fields if they stray into the neighbours Commen they must be suffered See the terms of Law Commen of pasture the Civilians call Jus compascendi cum sc plures ex municipibus qui diversa praedia possidebant saltum communem ut jus compascendi haberent merccâ—rentur l. panul Ï€. si servit vendicetur It is also called Jus compascuum Ibid. Commendam commenda is a Benefice that being void is commended to the charge and care of some sufficient Clerk to be supplyed untill it may be conveniently provided of a Pastor And that this was the true original of this practice you may read at large in Duraneus de sacris ecclesiae ministeriâ—s beneficiis l. 5. ca. 7. And whereas the glosse in verbo commendare in ca. Nemo deinceps de electione in sexto defineth commendam esse ecclesiae custodiam alicui comissam Johannes Andreas thereupon saith thus huic definitioni necessario haec adâ—icienda putem in tempus gratiâ evidentis necessitatis utilitasis Idque docuit textus in dicto capice Nemâ— Corrasius in his paraphrase de sacerdoâ—iorum materia parte 1. cap. 6. nu 3. seq thus describeth the matter In commendam conceditur benificium cùm Romanus Pontifex Legatus aut Episcopus Neque enim inferioribus qui ex privilegio aut alio jure spirituali conferunt concessum est ca. cunt omnes basilicae 16. quaest 7. ecclesiae vacantis custodiam alicui committit administratorem generalem ejus templi eum constituens ca. nemo de electio in sexto Commendare nnim aliud est nihil quà m deponere l. publius Ï€. depositi l. commendare â— de verb. signif Hoc autem ad tempus sex mensium et pro evidenti necessitate aut utilitate ecclesiae lex permittit d. ca. Nemo Quare commendatarius qui ecclesiae vacantis fructuum ad tempus duntaxat custodiam habet nec tenere beneficium jusve habere in beneficio aut canonicum titulum censebitur uti nec depositarius in re deposita whereof also Petrus Gregorius de beneficiis cap. 10. nu 13 thus writeth In hac quarta divisione potest addi tertium genus beneficii quod citra praescriptionem qualitatis à persona alterius qualitatis quà m beneficium exig at natur â possidetur sed sine praejudicio naturae beneficii et per dispensationem eo commendato olim ad tempus certum certae personae hodie ut plerunque quà m diu commendatarius vixerit Vocant hoc beneficium commendatum commendam ut si regulare beneficium à Summo Pontifice conferatur nomine commendae seculari Nam ideo non mutatur beneficii natura nec fit ideo seculare c. And a little after Interim annotabimus duplici de causa fieri commendam ecclesiae nempe vel in utilitatem ecclesia vel commendatarii In primo commenda titulum non dat beneficii commendatario dicitur potius custodia qua revocari potest quod repugnat naturae beficii quod est perpetuum In secundo autem casu beneficium censetur in utilitatem commendatarii commenda facta quam possidere potest quà m diu vixerit c. whom you may also read c. 2 l. 13. Commissary commissarius is a title of ecclesiasticall jurisdiction appertaining to such a one as exerciseth spiritual jurisdiction at the least so far as his Commission permitteth him in places of the Dioces so far distant from the chief City as the Chancellor cannot call the subjects to the Bishops principall Consistory without their too great molestation This Commissary is of the Canonists tearmed commissarius or officialis foraneus Lyndwoods provin cap. 1. de accusatio verbo Mandatum archiepiscopi in glos and is ordained to this especiall end that he supply the Bishops jurisdiction and office in the out-places of the Dioces or else in such parishes as be peculiars to the Bishop and exempted from the jurisdiction of the Archdeacon For where either by prescription or composition there be Archdeacons that have jurisdiction within their Archdeaconries as in most
the Heir of him that holdeth Land of the Crown either by Knights service or in soccage and dyeth be he under or at full age directed to the Escheatour of the County for inquiry to be made by him of what estate the deceased party was seised who is next heir unto him and of what value the Land is The form thereof and other circumstances you may learn in Fitz. nat br fol. 251. Dyer was a learned Lawyer and Lord Chief Justice of the Common Plees in the dayes of Queen Elizabeth who writ a Book of great account called his Commentaries or Reports Dies datus is a respight given to the Tenant or Defendant before the Court Brook tisulo Continuance Dicker of Leather is a quantity consisting of ten hides The name may seem to come from the Greek Decas which is also a Latine word signifying ten in number Diguity Ecclesiastical dignitas Ecclesiaâ—tica is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be administratio cum jurisdictione potestate te aliquae conjuncta Glos in cap. 1. de consuct in sexte whereof you may read divers examples in Duarynus de sacris Eccles minist benefic lib. 2. cap. 6. Dioces diocesis is a Greek word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth with us the circuit of every Bishops Jurisdiction For this Realm hath two sorts of divisions one into Shires or Counties in respect of temporal policy another into Diocesses in respect of Jurisdiction Ecclesiasticall Diet a rationabilis is in Bracton used for a reasonable dayes journey lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significations not needful here to be set down v. vocab utriusque juris Dimibaque See Haque Disalt signifieth as much as to disable Litleton in his Chapter of Discontinuance Disceite See Deceit and deceptione See the new book Entrie verbo Disceit Discent Discensus in the French Descents signifieth in the Common law an order or means whereby Lands or Tenements are derived unto any man from his Ancestors as to makehis discent from his Ancestors Old nat br f. 101. is to shew how and by what degrees the Land in question came to him from his Ancestors as first from his great Grandfather to his Grandfather from his Grandfather to his Father and so to him Or in such other like sort This discent is either lineal or collateral Lineal Discent is conveyed downward in a right line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral discent is springing out of the side of the whole blood as Grandfathers brother Fathers brother c. See the new Tearms of Law Disclamer Disclamium is a Plee containing an expresse denial or refusal as if the Tenant sue a Replevin upon a Distresse taken by the Lord and the Lord avow the taking of the distresse saying that he holdeth of him as of his Lord and that he distremed for rent not payd or service not performed then the Tenant denying himself to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant leeleth his Land Terms of Law Of this see Skene de verb. fignif verbo Disclamation Also if a man denie himself to be of the blood or kindred of another in his Plee he is said to disclaim his blood Fitzh nat br fol. 197. G. See Brook titulo Diselamer If a man arraigned of Felony do disclaim goods being cleered he leeseth them Stawnf pl. cor fol. 186. See the new book of Entries verbo Disclamer Discontinuance Discontinuatio cometh of the French Discontinuer i. cessare intermittere and signifieth in the Common law nothing else but an interruption of breaking off as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not than to define the thing The effect of Discontinuance of possession is this that a man may not enter upon his own Land or Tenement alienated whatsoever his right be unto it of his own self or by his own authority but must bring his Writ and seek to recover possession by Law Examples you may have store in his Tearms of Law verbo Discontinuance And in Litleton codem capite with whom agreeth another in these words But Discontinuance of Possession is indeed an impediment to a man for entring into his own Land or Tenements caused by the fact of one that alienated them contrary to right and gave Livery and Seisin of them whereby the true owner is left only to his action See the new Tearms of Law and the Institutes of the Common law cap. 43. and see S. Ed. Cokes Reports lib. 3. the Case of Fines fol. 85. b. The effect of Discontinuance of Plee is that the instance is fallen and may not be taken up again but by a new Writ to begin the Sute a fresh For to be discontinued to be put without day is all one and nothing else but finally to be dismissed the Court of that instance West parte 2. Symbol tit Fines sect 115. So Crompton in his divers Jurisdictions fol. 131. useth it in these words If a Justice seat be discontinued by the not coming of the Justices the King may renew the same by his Writ c. In this signification Fitzherb in his nat br useth the word divers times as discontinuance of Corody fol. 193. A. To discontinue the right of his wise fol. 191. L. 193. L. Discontinuance of an assise fol. 182. D. 187. B. Disgrading Degradatis is the punishment of a Clerk that being delivered to his Ordinaty cannot purge himself of the offence whereof he was convicted by the Juryâ— and is nothing but the privation of him from those orders of Clerkship that he had as Priesthood Deaconship c. Slâ—â—f 〈…〉 138. There is likewise â—isgrading of a Knight Stowes Annals pag. 855. And it is not to be omitted that by the Canon Law there be two forte of disgrading one summary by word onely and another solemn by devesting the party degraded of those Ornaments and Rites which be the ensighes of his Order or Degree Dismes Decimes is made of the French Decimes and signifieth Tithe or the tenth part of all the fruits either of the earth or beasts or our labour due unto God and so consequently to him that is of the Lords lot and had his share viz. our Pastour It signifieth also the Tenths also of all spititual livings yearly given to the Prince called a perpetuar Dismo anno 2. 3. Edwar. 6. cap. 35. which in ancient times were paid to the Pope until Pope Urbane gave them to Richard the second to aid him against Charles the French King and those other that upheld Clement the seventh against him Polidor Vâ—igil Angl. hist
the bestowing or assuring of a Dower See Dower But it is sometime used Metaphorically for the setting forth or severing of a sufficient portion for a Vicar toward his perpetual maintenance when the Benefice is appropriateâ— See Appropriation And the Statute An. 15. R. 2. c. 5. Endowment de la plus belle parte is where a man dying seised of some lands holding in Knights service and other some in socage the Widow is sped of her Dower rather in the lands holding in soccage than Knights service Of this read Litleton more at large lib. 1. cap. 5. Enfranchisement cometh of the French Franchise i. libertas and is in a manner a French word of it self it signifieth in our Common law the incorporating of a man in any society or body politick For example he that by Charter is made Denizen of England is said to be infranchised and so is he that is made a Citizen of London or other City or Burgesse of any Town Corporate because he is made partaker of those liberties that appertain to the Corporation whereinto he is infranchised So a villain is infranchised when he is made free by his Lord and made capable of the benefits belonging to the free-men Englecerie Engleceria is an old abstract word signifying nothing else but to he an English-man For example if a man be privily slain or murdered he was in old time accounted Francigena which word comprehendeth every alien until Englecerie was proved that is until it were made manifest that he was an English-man A man may marvel what meaning there might be in this but Bracton cleareth the doubt who in his third book tract 2. cap. 15. num 3. telleth us that when Canutus the Danish King having setled his estate here in peace did at the request of our Barons disburden the land of his army wherein he accounted his greatest safety and conditioned with them that his Countrey-men which remained here should continue in peace and the more to secure that that for every Francigena under which word as is above said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be levied to his Treasurie 66 marks out of the village where the murther was committed or out of the Hundred if the Village were not able to pay it and further that every man murthered should be accounted Francigena except Englecery were proved which how it was to be proved look the seventh Number in the same Chapter And see also Horns mirrour of Justices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Engleceris for the abuses and troubles that afterward were perceived to grow by it was clean taken away by a Statute made Anno 14. Edward 3. capite quarto Enheritance See Inheritance Enquest Inquifitio is all one in writing with the French word and all one in signification both with the French and Latine Howbeit it is especially taken for that inquisition that neither the Romans nor French men ever had use of that I can learn And that is the Enquest of Jurors or by Jurie which is the most usual trial of all causes both Civil and Criminal in our realm For in causes Civil after proof is made on either side so much as each party thinketh good for himself if the doubt be in the fact it is referred to the discretion of twelve indifferent men empaneled by the Sheriff for the purpose and as they bring in their Verdict so judgement passeth For the Judge faith the Jurie findeth the fact thus then is the Law thus and so we judge For the Enquest in causes criminal see Jurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An Enquest is either of office or at the mise of the party Stawn pl. cor lib. cap. 12. Entendment cometh of the French entendiment i. intellectus ingenium It signifieth in our Common law so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayl feudum talliatum cometh of the French entaille i. inscisus and in our Common law is a substantive abstract signifying Fee-tail or Fee-intailed Litleton in the second Chapter of his Book draweth Fee-tail from the verb Talliare which whence it cometh or whether it will I know not whereas in truth it must come from the French taille i. sectura or tailler i. scindere secare And the reason is manifest because Fee-tail in the Law is nothing but Fee abridged scanted or currelled as you would say or limited and tyed to cettain conditions Taille in France is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorum lib. 3. cap. Talea See Fee See Tail Enterpleder Interplacitare is compounded of two French words entre i. inter and pleder i. disputare and it signifieth in our Common law as much as cognitio praejudicialis in the Civil Law that is the discussing of a point incidently falling out before the principal cause can take end For example two several persons being found Heirs to Land by two several offices in one Countie the King is brought in doubt to whether livery ought to be made and therefore before Livery be made to either they must enterplead that is formerly trie between themselves who is the right Heir Stawnf praeroga cap. 12. See more examples in Broke titulo Enterpleder Entire tenancie is contrary to several Tenencie signifying a sole possession in one man whereas the other signifieth joynt or common in more See Broke several Tenencie See the new book of Entries verbo Entier tenancie Entry Ingressus cometh of the French entree i. introitus ingressus aditus and properly signifieth in our Common law the taking possession of Lands or Tenements See Plowden Assise of fresh force in London fol. 93. b. It is also used for a Writ of possession for the which see Ingressu And read West also parte 2. Symbol titulo Recoveries Sect. 2. 3. Who there sheweth for what things it lyeth and for what things it lyeth not Of this Britton in his 114. Chapter writeth to his effect The Writs of entry savour much of the right of poverty As for example some be to recover customes and services in the which are contained these two words solet debet as the Writs Quo jure Rationalibus divisis rationabili est overio with such like And in this place of entrie there be three degrees The first is where a man demandeth Land or Tenements of his own seisin after the Term is expired The second is where one demandeth Lands or Tenements let by another after the Term expired The third where one demandeth Lands or Tenements of that Tenent that had entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is withour degrees and in case of a
not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. but more at large parte secunda cap. 13. per totum It is also called the defence moneth that is the forbidden moneth and the word defence is used in like sort West 2. cap. 47. anno 13 Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple that is to him and his Heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
died in pound Kitchin fol. 145. or if he claim a propriety in the Cattel sued for Terms of the Law To wage law what it is see in his place verbo Law See Mortgage Gager deliverance See Gage Gayle See Gaol Gainage Wain agium is â—eer to the French Gaignage i. quaestus lucrum and signifieth in our Common law the land held by the baser kind of Sokemen or Villeins Bracton lib. 1. cap. 9. where he hath these words speaking observants Et in hoc legem habet contra dominos quòd stare possunt in judicio contra eos de vita membris propter saevuiam dominorum vel propter intolerabilem injuriam Ut si eos destruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And again lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictum fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in West 1. cap. 6. anno 3. Ed. prim is called Gaynure and again cap. 17. and in magna charta cap. 14. it is called Wainage I find it in the Old nat br fol. 117. called Fainor v.z. in these words The Writ of Aile was praecipe c. quòd reddat unam bovatam terrae unam bovatam marisci and â—he Writ was abated for that the oxegang is alwayes of a thing that lyeth in gainor I think this word was used of lands usually plowed because they that had it in occupation had nothing of it but the profit and fruit raised of it by their own pains toward their sustenance nor any other title but at the Lords will Gainor again in the same book fol. 12. is used for a Sokeman that hath such land in his occupation In the 32. Chapter of the Grand Custumary of Normandie Gergneurs be ruricolae qui terras eleemozynatas possidem and Britton useth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoveries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13 Ed. 3. fol. 3. nor de selione terrae Edw. 1. for the uncertainty because a selion which is a land sometime containeth an acre sometime half an acre sometime more and sometime lesse It lyeth not of a garden cotage or croft 14. Assis 13.8 H. 63.22 Ed. 4.13 de virgata terrae 41.43.13 Ed. 3. de fodina de minerade mercatu 13 E. 3. for they be not in demesn but in gain c. Lastly in the statute of distresses in the Exchequer anno 51 Hen. 3. I find these words No man of religion nor other shall be distreined by his beasts that gain the land Galege galicae seemeth to come of the French galloches which signifieth a certain kind of shoo worn by the Gaules in foul weather of old times I find it used for some such Implement anno 4 Ed. 4. cap. 7. anno 14. 15 H. 8. c. 9. where is written plainly Galoches Galingal cyperus is a medicinal herb the nature and diversity whereof is expressed in Gerards Herbal lib. 1. cap. 22. The root of this is mentioned for a drugge to be garbled anno 1 Jacob. cap. 19. Gallihalpens were a kind of coin forbidden by the statute anno 3 H. 5. cap. 1. Galloches See Galege Galls Gallae be a kind of hard fruit like a nut but rounder growing of the Tree called in Latine galla The divers kinds and uses whereof Gerard expresseth in his Herbal lib. 3. c. 34. This is a drug to be garbled an Ja. c. 19. Gaol gaola cometh of the French Geole i. caveola a cage for birds but is metaphorically used for a prison Thence cometh Geolier whom we call Gayler or Gaoler Garbe Garba cometh of the French garbe altâs gerbe i. sascis It signifieth with us a bundle or sheaf of corn Charta de Foresta cap. 7. and garba sagittarum is a sheaf of arrowes Skene de verb. significat verbo Garbae Garbling of bow-staves anno 1 R. 3. 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 seem to proceed from the Italian garbo that is finesse neatnesse Gard Custodia cometh of the French garde being all of one signification It signifieth in our Common law a custodie or care of defence but hath divers applications sometimes to those that attend upon the safety of the Prince called Yeoman of the Guard sometime to such as have the education of children under age or of an Idiot sometime to a Writ touching Wardship 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 ejectment de gard Idem fol. 139. L. The third is ravishment de gard Idem fol. 140. F.G. See Gardein see Ward Gardein Custos cometh of the French Gardien and yet the German Warden is neer unto it It ligniheth 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 themselves and their own affairs as Children and Idiots being indeed as largely extended as both Tutor and Curator among the Civilians For where as Tutor is he that hath the government of a youth untill he come to fourteen yeers of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to five and twenty years or that hath the charge of a frantick person during his lunacie the common Lawyers use but onely Gardien or Gardian for both these And for the better understanding of our English law in this thing you must know that as Tutor is either Testamentarius or à Praetore datus est ex lege Atilia or lastly legitimus so we have three sorts of Gardeins in England one ordained by the Father in his last will another appointed by the Judge afterward the third cast upon the Minor by the law and custome of the land Touching the first a man having goods and Chattels never so many may appoint a Gardein to the body or person of his child by his last VVill and Testament until he come to the age of fourteen years and so the disposing or ordering of his substance until what time he thinketh meet and that is most commonly to the age of 21 years The same may he do iâ— he have lands to never so great a value so they hold not in capite of the King nor oâ— any other Lord by Knights service And in the former case if the Father appoint no Gardein to his Child the Ordinary
French herault and in M. Virstigans judgement proceedeth originally from two Dutch words here i. exercitus and healt i. pugil maganimus As if he should be called the champion of the army having by especial office to challenge unto battel or combat With us it signifieth an officer at armes whose function is to denounce Warr to proclaim peace or otherwise to be imployed by the King in marshall messages or other businesse The Romanes called them plurally Feciales Master Stow in his Annals deriveth them from heroes pag. 12. which he hath from other that writ of that subject whose conjecture I leave to the Reader Their office with us is described by Polydore lib. 19. in this sort speaking of the Knights of the Garter he saith Habent insuper apparitores ministros quos heraldos dicunt quorum praefectus armorum Rex vocitatur hii belli pacis nuncii Ducibus Comitibusque à Rege factis insignia aptant ac corum funer a curant He might have added further That they may be the Judges and examiners of Gentlemens armes that they martiall all the solemnities at the coronations of Princes manage combats and such like There is also one and the same use of them with us and with the French nation whence we have their name And what their office is with them See Lupanus lib. prim de Magist Francorum ca. Heraldi There be divers of them with us whereof three being the chief are called Kings at armes And of them Garter is the principall instituted and created by Henry the fifth Stows Annals pag. 584. whose office is to attend the Knights of the Garter at their solemnities and to martial the solemnities of the funerals of all the greater Nobilitie as of Princes Dukes Marquesses Earles Viscounts and Barons Yet I find in Plowden casu Reniger et Fogassa That Edward the fourth granted the office of King of Heraulds to one Garter cum feudis et proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the fourth for he attaining the Dukedom of Clarence by the death of George his brother whom he beheaded for aspiring to the Crown made the herald which properly belonged to the Duke of Clarence a King at armes and called him Clarentius His proper office is to martial and dispose the funerals of all the lesser Nobility as Knights and Esquires through the realm of the South side or Trent The third is Norry or Northroy whose office is the same on the North side of Trent that Clarentius hath on this side as may well appear by his name signifying the Northern king or king of the North parts Beside these there be six other properly called Heralds according to their original as they were created to attend Dukes c. in martial expeditions viz. Yorke Lancaster Somerset Richmond Chester Windlesour Lastly there be four other called Marshalls or Purse vants at armes reckoned after a sort in the number of Heraulds and doe commonly suceed in the place of the Heraulds as they die or be preferred and those be Blew Mantle Rougecrosse Rougedragon and Percullis The Feciales among the Romans were Priests Nam Numa Pompilius divini cultus institutionem in octo partes divisit ita etiam sacerdotum octo ordines constituit c. Septimam partem sacrae constitutionis collegio eorum adjecit qui Feciales vocantur Erant autem ex optimis domibus viri electi per omne ipsi vitae tempus sacrati quorum partes in eo versabantur ut fidei publicae inter populos praeessent neque justum aliquod bellum fore censebatur nisi id per Feciales esset indictum Qui ut Festus ait à faciendo quòd belli pacisque faciendae apud eos jus esset Feciales dicti sunt Corasius Miscel juris civil lib. 1. cap. 10. num 12. Herbage herbagium is a French word and signifieth in our Common law the fruit of the earth provided by nature for the bit or mouth of the cattel But it is most commonly used for a liberty that a man hath to feed his cattel in another mans ground as in the forest c. Cromptons Jurisdiction fol. 197. Herbenger commeth of the French heberger or esberger hesberger i. hospitio excipere It signifieth with us an Officer of the Princes Court that allotteth the Noblemen and those of the houshould their Lodgings It signfieth also in Kitchin an Innekeeper fol. 176. Hereditaments hereditamenta seem to signifie all such things immoveable be they corporeall or incorporeall as a man may have to himself and his heirs by way of inheritance Vide anno 32. Henr. 8. cap. 2. or not being otherwise bequeathed doe naturally and of course descend to him which is our next heir of bloud and fall not within the compasse of an executor or administrator as chattels do Heriot see Hariot HI Hide of land hida terrae Saxonicè hidelandâ—s is a certain measure or quantity of land by some mens opinion that may be plowed with one plow in a year as the author of the new terms saith verbo Hidage By other men it is an hundred acres By Beda who calleth it Familiam it is as much as will maintain a family Crompton in his jurisdiction fol. 220. saith that it consisteth of an hundred acres every acre in length forty perches and in bredth four perches every perch sixteen foot and a halfe And again fol. 222. A hide of land containeth an hundred acres and eight hides or eight hundred acres contain a Knights fee. Of this read more in Master Lamberts Explication of Saxon words verba Hida terrae See Carve Hide and gaine Old nat Brev. fo 71. Coke lib. 4. Tirringhams case signifieth earable land See Gainage Hidage hidagium is an extaordinary taxe to be paid for every hide of land Bracton lib. 2. cap. 6. writeth thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia et Carvagia et alia plura de necessitate et ex consensu communi totius regni introducta quae ad Dominum feudi non pertinent c. Of this read the new Expounder of Law Terms who saith that Hidage is to be quit if the king shall tax all the lands by hides and yet also granteth it to be the tax it self saying that it was wont to be an usual kind of taxing as well for provision of armour as payments of money Hinefare see Heinfare Hidel 1. H. 7. ca. 6. seemeth to signifie a place of protection as a sanctuary Hierlome see Heirlome Hine seemeth to be used for a Servant at husbandrie and the master-hine a servant that overseeth the rest Anno 12. Richard 2. cap. quarto Hoblers hobellarii are certain men that by their tenure are tyed to maintain a little light Nagge for the certifying of any invasion made by enemies or such like
peril toward the sea side as Porchmouth c. Of these you shall read anno 18. Edward 3. stat 2. ca. 7. anno 25. ejusd stat 5. ca. 8. Hoghenhine is he that commeth guestwise to an house and lieth there the third night After which time he is accounted of his family in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. ca. 10. In the Laws of king Edward set forth by Master Lambert he is called Agenhine where you may read more of this matter Hithe hitha is a petty haven to land wares out of vessels or boats New book of Entries fol. 3. colum 3. HO Hogshead is a measure of wine or oyle containing the fourth part of a tun that is 63 gallons an 1. R. 3. ca. 13. Holstings see Hustings Homage Homagium is a French word signifying Fidem clientularem For in the original grants of land and tenements by way of fee the Lord did not only tye his tenents or feed men to certain services but also took a submission with Promise and oath to be true and loyal to him as their Lord and Benefactor This submission was and is called homage the form whereof you have in the second Statute anno 17. Edw. 2 in these words when a free man shall doe homage to his Lord of whom he holdeth in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the land I hold of you saving the faith that I do owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the fee for which homage is due taketh homage of every tenent as he cometh to the land or fee. Glanvile lib. 9. cap. 1. except they be women who perform not homage but by their husbands yet see Fitzherbert that saith the contrary in his nat br fol. 157. F. Read Glanvile more at large in the said first Chapter with the second third and fourth The reason of this M. Skene giveth de verbo significatione verbo Homagium viz. because Homage especially concerneth service in warre He saith also that consecrated Bishops do no homage but only fidelity the reason may bee all one And yet I find in the Register orig fol. 296. a. that a woman taking livery of lands holden by Knights service must doe homage but not being jointly infeossed for then she doth only fealtie And see Glanvile in the end of the first chapter of his ninth book touching Bishops consecrated whom he denieth to perform homage to the King for their Baronie but only fealty Fulbeck reconcileth this fol. 2C a. in these words By our law a religious man may doe homage but may not say to his Lord Ego devenio home vester because he hath professed himself to be only Gods man but he may say I do unto you homage and to you shall be faithfull and loyall See of this Britten cap. 68. Homage is eithes new with the fee or ancestrel that is where a man and his Ancestors time out of mind have held their lands by homage to their Lord whereby the Lord is tied to warrant the land unto his tenent Newterms of the Law This homage is used in other Countries as well as ours and was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene divideth it into liegium non liegium de verb. signif v. Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime used for the jury in the Court Baron Smith de Repub Anglo lib. 2. cap. 27. the reason is because it consisteth most commonly of such as owe homage unto the Lord of the fee. And these of the Feudists are called pares curiae sive curiis sive domus sic dicuntur enim convassalli sive compares qui ab eodem patrono feudum receperunt vel qui in eodem territorio feudum habeut Hotoman Of this Homage you may read in the nine and twentieth chapter of the grand Custumary of Normandy where you shall understand of other sorts of homage used by them and strange unto us Whereunto join Hotoman disputat de feudis in divers places and namely Columna 860. c. hiis verbis Deinceps de nota lâ—ommii feudal tiae subjectionis videamus Omnium quidem video esse commune ut dexter as tanquam in soedei ibus jungerent plerumqne etiam ut dexteris aversis osculum praebereut interdum ut ambas manus junctas patrono contrectandas praeberent supplicum et deditiorum nomine qui velatas manus porrigebant And pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constisutum est Quod ex Anglico Littletoneo intelleximus ut hominium servili et suppliciveneratione ac planè tanquam à dedititiis praestetur Nam vasallus discinctus nudo capite ad pedes sedentis patroni pro ectus ambas manus junctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here veâ—io in tuum hominium et sidem et homo tuus fio ore et manibus tibique juro ac spondeo sidelem me tibi fâ—lis um eorum fendorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. g. 822. s et 857. b et d. et f. of homage in Scotland read M. Skene de verb. signtf verbo Homaegium To whom you may also joyn a plentiful discourse in speculo Durandt commonly called speculator among the Civilians tit De feudis Homagio respectuando is a writ to the escheator commanding him to deliver seisin of lands to the heir that is at full age notwithstanding his homage not done which ought to be performed before the heir have livery of his lands except there fall out some reasonable cause to hinder it Fitzher nat br fol. 269. Homine eligendo ad custodiendam peciam figilli pro mercatoribus aediti is a writ directed to a Corporation for the choice of a new man to keep the one part of the Seal appointed for Statutes Merchant when the order is dead according to the Statute of Acton Burnel Regist original fol. 178. a. Homine replegiando is a writ for the bayl of a man out of prison which in what cases it lieth and what not see Fitz. natura brev fo 66. See also the Register origin fo 77. See the new book of Entries verto Homine replegiando Homine capto in Withernamium is a writ to take him that hath taken any bondman or woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. orig fo 79. a. See Withernam Fomicide homicidium is the slaying of a man and it is divided into voluntary and
Chief Justice of England with three or four Justices assistants four or five as Fortescue saith cap. 51. and Officers thereunto belonging the Clerk of the crown a Praenatory or Protonotary and other six inferior Ministers or Atturneys Camb. Britan. pag. 112. See Latitat How long this Court was moveable I find not in any Writer But in Brittons time who wrot in K. Ed. the 1. his dayes it appeareth it followed the Court as M. Gwin in his said preface well observeth out of him See Justice of the Kings Bench. Kings silver is properly that money which is due to the King in the court of Common Plees in respect of a licence there granted to any man for passing a fine Coke vol. 6. fol. 39. a. 43. b. Kintall of woad iron c. is a certain waight of Merchandize to the value of an hundred or somthing under or over acording to the divers uses of sundry nations This word is mentioned by Plowden in the case of Reniger Fogassa KN Knave is used for a man-servant anno 14 Edward 3. stat 1. ca. 3. and by M. Verstigans judgement in his restitution of decayed intelligence ca. 10. is borrowed of the Dutch enapa cnave or knave which signifie all one thing And that is some kind of officer or servant as scild-knapa was he that bore the weaon or shield of his superiour whom the Latins call Armigerum and the Frenchmen Escuyer Knight miles is almost one with the Saxon Cnight i. administer and by M. Camdens judgement pag. 110. derived from the same With us it signifieth a Gentleman or one that beareth arms that for his vertue and especially martiall prowesse is by the King or one having the Kings authority singled as it were from the ordinary sort of Gentlemen and raised to a higher account or step of dignity This among all other Nations hath his name from the horse because they were wont in antient time to serve in warres on horseback The Romans called them Equites The Italians at these dayes term them Cavallieri The Frenchmen Chevalliers The German Reiters The Spaniard Gavellaros or Varones à Cavallo It appeareth by the Statute anno 1 Ed. 2. cap. 1. that in antient times Gentlemen having a full Knights fee and holding their land by Knights service of the King or other great person might be urged by distress to procure himself to be made knight when he came to mans estate for the answerable service of his Lord in the kings wars To which point you may also read M. Camden in his Britann pag. 111. But these customs be not now much urged this dignity in these dayes being rather of favour bestowed by the Prince upon the worthier sort of Gentlemen than urged by constraint The manner 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 g'adio leviter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Chevalier au nom de Dieu id est Surge aut Sis eques in nomine Dei The Solemnity of making knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the privileges belonging to a Rnight in Ferns Glorie of Generosity pag. 116. Of these Knights there be two sorts one Spiritual another Temporal Cassanaus in gloria mundi parte 9. Considerat 2. of both these sorts and of many subdivisions read him in that whole part The Temporal or second sort of Knights M. Fern in his Glory of generosity pag. 103. maketh threefold here with us Knights of the Sword Knights of the Bath and Knights of the Soverain Order that is of the Garter of all which you may read what he saith I must remember that mine intent is but to explain the terms especially of our common Law Wherefore such as I find mentioned in Statutes I will define as I can M. Skene de verbor significat verbo Milites saith that in the antient Laws of Scotland Freeholders were called Milities which may seem to have been a custom with us also by divers places in Bracton who saith that Knights must be in Juries which turn Freeholders do serve Knights of the Garter Equites Garterii are an Order of Knights created by Edward the third after hee had obtained many notable victories King John of France and King James of Scotland being both his prisoners together and Henry of Castile the Bastard expulsed out of his Realm and Don pedro being restored unto it by the Prince of Wales and Duke of Aquitane called the Black Prince who for furnishing of this Honourable Order made a choice out of his own Realm and all Christendome of the best and most excellent renowned Knights in Vertues and Honour bestowing this dignity upon them and giving them a Blew Garter decked with Gold Pearl and precious Stones and a Buckle of Gold to wear daily on the left legge only a Kirtle Crown Cloak Chaperon a Coller and other stately and magnifical apparel both of stuff and fashion exquisite and heroical to wear at high Feasts as to so high and Princely an Order was meer Of which order he and his successours Kings of England were ordained to be the Soveraigns and the rest fellows and brethren to the number of twentie six Smith de Repub. Anglo lib. prim cap. 20. I have seen an antient monument whereby I am taught that this Honorable Company is a College or a Corporation having a Common Seal belonging unto it and consisting of a Soveraign Gardian which is the King of England that alwayes governs this order by himself or his Deputy of twenty five Companions called Knights of the Garter of fourteen secular Chanons that be Priests or must be within one year after their admission 13. Vicars also Priests and 26. poor Knights that have no other sustenance or means of living but the allowance of this house which is given them in respect of their daily Prayer to the Honour of God and according to the course of those times of Saint George There be also certain officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bishop of Winchester for the time being the Chancellor of the Garter the Register who is alwaies Dean of Windsor The principal King at Armes called Garter whose chief function is to mannage and marshal their Solemnities at their yearly Feasts and installations Lastly the Usher of the Garter which as I have heard belongeth to an Usher of the Princes Chamber called Blacke rod. There are also certain ordinances or Constitutions belonging unto this Society with certain forfeitures and sometime penances for the breakers of them which constitutions concern either the Solemnities of making these Knights or their duties after their creation or the Privileges belonging to so high an order but are too large for the nature of this poor Vocabularie
Sacramentales à Sacramento id est juramento diceb antur ii qui quamvis rei de qua ambigebatur testes non fuissent tamen ex ejus cujus res agebatur animi sententia in eadem quae ille verba jurabant illius videlicet probitate innocentia confisi Nam tuum demum adhibebantur cum testes nulli extarent See the rest The formal words used by him that maketh his Law are commonly these Hear O ye Justices that I do not owe this sum of mony demanded neither all nor any part thereof in manner and form declared so help me God and the contents of this Book To make services or custom is nothing else but to perform them Old nat brev folio 14. To make Oath is to take Oath Maletent in the Statute called the confirmation of the liberties of c. anno 29 E. 1. cap. 7. is interpreted to be a toll of forty shillings for every sack of Wool Srow in his Annals calleth it a Maletot pag. 461. See also the Statute de Tallagio non concedendo an 35 ejusdem stat Malin see Marle Manbote signifieth a pecuniary compensation for killing of a man Lambert in his Exposition of Saxon words verbo Aestimatis Of which read Roger Hoveden also in parte poster suorum annal f. 344. a b. Mandamus is a writ that lyeth after the year and day whereas in the mean time the writ called Diem clausit extremum hath not been sent out to the Escheatour for the same purpose for the which it should formerly have been sent forth Fitzh nat brev fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the Sheriff to take into the Kings hands all the lands and tenements of the Kings widow that against her oath formerly given marieth without the Kings consent Register fol. 295. b. See widow Mandatum is a commandment judicial of the King or his Justices to have any thing done for the dispatch of Justice where of you shall see diversity in the Table of the Register judicial verbo Mandatum Manor Manerium see meth to come of the French manoir i. domicilium habitatio M. Skene de verb. signif verb. Manerium saith it is called mane ium quasi manurium because it is laboured with handy work by the Lord himself It signifieth in our Common law a rule or government which a man hath over such as hold Land within his fee. Touching the original of these Manors it seemeth that in the beginning there was a certain compasse or circuit of ground granted by the King unto some man of worth as a Baron or such like for him and his Heirs to dwell upon and to exercise some Jurisdiction more or lesse within that compass as he thought good to grant Performing him such services and paying such yearly rent for the same as he by his grant required and that afterward this great man parcelled his Land to other meaner men injoining them again such services and rents as he thought good and by that means as he became Tenent to the King so the inferiours became Tenents unto him See Perkins Reservations 670. and Andrew Horns Book intituled the Mirrour of Justices l. 1. cap. du Roy Alfred See the definition of a Manor Fulb. fol. 18. And this course of benefiting or rewarding their Nobles for good service have our Kings borrowed from the Emperors of Rome or the Lombard Kings after they had setled themselves in Italy as may well appear by Antonius Contius in methodo feudorum c. 1. de origin libris Feudorum And I find that according to this our custom all lands holden in fee throughout France are divided into Fiefz and arrierifiefz where of the former are such as are imediatly granted by the K. the second such as the Kings feudataries do again grant to others Gregorti Syntagm lib. 6. ca. 5. nu 3. But the inconstancie of mans estate and the mutability of time hath brought to passe that those great men or their posterity have alienated these Mansions and lands so given them by their Prince and others that had none have by their wealth purchased many of them And again that many for capital offences have forfeited them to the King and that thereby they still remain in the Crown or are bestowed again upon others so that at these dayes many be in the hands of mean men such as by their skill in Law or Physick by Merchandize Grazing or such other good husbandry have gathered wealth and inabled themselves to purchase them of those that by descent received them from their ancestors in greater abundance than wit to keep them But whosoever possesseth these Maners the liberty belonging unto them is real and predial and therefore remaineth still though the owners be changed In these dayes a Maner rather signifieth the Jurisdiction and royaltie incorporeal than the land or site For a man may have a Maner in grosse as the law termeth it that is the right and interest of a Court Baron with the perquisites thereunto belonging and another or others have every foot of the land thereunto belonging Kitchin fol. 4. Broke hoc titulo per totum Bracton lib. 4. ca. 31. num 3. divideth manerium in capitale non capitale See Bracton lib. 5. tractat 5. ca. 28. nu pri See Fee The new exâ— ositor of Law terms faith that Maner is a thing compounded of divers things as of a house land earable pasture meadow wood rent advonzen Court Baron and such like And this ought to be by long continuance of time to the contrary whereof mans memory cannot discern c. Mansio Mansio as Bracton defineth it lib. 5. cap. 28. nu pri is a dwelling consisting of one or more houses without any neighbour And yet he granteth forthwith that Mansio Mansioni pessit esse vicinata I find it most commonly used for the Lords chief dwelling house within his fee whether it have neighbours adjoyning or not otherwise called the capital mesuage Bracton lib. 2. ca. 26. or the chief Maner place Mansio amongst the antient Romans was a place appointed for the lodging of the Prince or Souldiers in their journey furnished with convenient entertainment by the neighbours adjoyning And in this sense we read primam mansionem for the first nights lodging and so in order It is probable that this word Mansion doth in some construction signifie so much land as Beda calleth Familiam in his Ecclesiastial History For Master Lamberd in his explication of Saxon words verb. Hida terrae saith that that which he calleth familiam others â—ince call Manentem vel mansam Mansus and Mansum I read of in the Feudists which as Hotoman saith in verbis feudalibus est neque domus neque area neque hortus sed ager certi modi ac mensurae And again in Commentariis Feudorum lib. p. tit 4. vers de Manso Agri deserti et inculti certa mensura dabantur cultoribus quasi in
one with Brittons misaventure Homicide by chance mixed he defineth sect 50. to be when the killers ignorance or negligence is joyned with the chance as if a man loppe Trees by a high way side by which many usually travel and cast down a bough not giving warning c. By which bough a man passing by is slain Miscontinuance Kitchin fol. 231. See Discontinuance Mise misa is a French word signifying as much as expensum in Latine and the Latine word Misa is so used in Kitchin fol. 144. and in West parte 2. symb titulo Proceedings in Chancery Sect. 21. F. It is used anno 2. 3. Edw. 6. ca. 36. for a summ of money paid by the Kings tenents in certain Counties in Wales according to their several customs In the Statute 33 H. 8. c. 13. it is used plurally for certain cunumary gratuities sent to the Lord Marchers of Wales by their Tenents at their first comming to their lands And an 4. et 5. Ph. Mar. cap. 11. Mise is used in an action of right or property for the point whereupon the parties proceed to trial either by Assise or batel as issue is in an action personal if the Mise be upon battel Litleton fo 102. and in the Old nat br fol. 2. you have these words Know yee that this writ hath but two Issues that is to say joyning the mise upon the meer and that is to put himself into the great Assise of our Soveraign Lord the King or to joyn battel See anno 37 Ed. 3. ca. 16. To joyn the mise upon the meer is as much to say as to joyn the mise upon the cleer right and that in more plain termes is nothing else but â—o joyn upon this point whether hath the â—ore right the Tenent or Demandant Litleton lib. 3. cap. 8. fol. 101. b. This word in â—ome other place is used for a Participle signiâ—ing as much as cast or put upon in English which appeareth by Sir Edw. Cokes report in Stafsins case vol. 6. fol. 124. a. Misericordia is used in the Common law for an arbitrary punishment Bracton li. 4. tractat 5. cap. 6. in these words Item siquis in misericordiam inciderâ—t pro disseisina non remanebit misericordia exigenda si ille qui amiserit quaesiverit convictionem Kithin fol. 78. out of Glanvile saith thus Est autem misericordia quia quis per uramentum legalium hominum amerciatus est ne aliquid de suo honor abilicontenemento amittat Which saying you have in a maner word for word Glanv l. 9. ca. 11. Fitzh saith that it is called misericordia because ie ought to be very moderate and rather lesse than the offence according to the tenure of the great Charter cap. 14. This saith Fitzherbert in his nat brev in the writ de moderata misericordia fol. 75. A. I. Misericordia is to be quit of misericors that is discharged of all manner of amercements that may a man fall into within the Forest See M. Cromptons Jurisdictions fol. 196. See Amerciament See Mercie and Moderata misericordia Miskenning i. changing of speech in Court Saxon in the description of England ca. 11. Misnomer is compounded of the French mes which in composition alwaies signifieth as much as amisse and nomer i. nominare It signifieth in our Common law the using of one name for another or mis-terming â—roâ—e titulo Misnomer Misprision misprisio commeth of the French Mespris i. fastidium contemptus It signifieth in our Common law neglect or negligence or over-sight As for example misprision of treason or of felony is a neglect or light account shewed of treason or felony committed by not revealing it when we know it to be committed Stawnf pl. cor l. 1. ca. 19. which read at large or by letting any person committed for treason or felonie or suspition of either to goe before he be indited Also Misprision of Clerks anno 8 H. 6. ca. 15. is a neglect of Clerks in writing or keeping Records Thirdly anno 14 Ed. 3. ca. 6. stat prim by misprision of Clerks no processe shall be admitted Misprision of treason is the concealment or not disclosing of known treason for the which the offendours are to suffer imprisonmenâ— during the Kings pleasure lose their goods and the profits of their lands during their lives Crompton in his Justice of Peace cap. Misprision of felony fol. 40. West parte 2. symb titulo Inditements Sect. 63. in fine Misprision of felonie seemeth only finable by the Justices before whom the party is attainted Cromptons Justice of Peace ubi supra The Justices of the Common place have power to assess fines and amerciaments upon persons offending for misprisions contempts or negligences for not doing or mis-doing any thing in or concerning fines West parte 2. symbol titulo Fines Sect. 133. Justices of Assise shall amend the defaults of Clerks misprising of a Syllable or Letter or writing Cromptons jurisdictions fol. 20â— But it is to be noted that other faults may be accounted misprisions of Treason or Felony because certain latter Statutes do inflict that punishment upon themâ— hâ—t of old hath been inflicted upon misprisions wherof you have an example an 14 El. cap. 3. of such as coyn forein Coyns not current in this Realm and of their Procurers Aiders and Abetters And see the new exposition of Law-terms Misprision signifieth also a mistaking anno 14 Edw. 3. stat pri cap. 6. Misses See Mise Misuser is an abuse of liberty or benefit As he shall make fine for his misuser Old nat br fol. 149. Mystery mysterium commeth of the Latin mysterium or rather from the French mestier i. ars artificium an art or occupation Mittendo manuscriptum pedis finis is a writ Judicial directed to the Treasurer and Chamberlains of the Exchequer to search and transmit the foot of a Fine acknowledged before Justices in Eyr into the Common plees c. Reg. orig fol. 14. a b. Mittimus signifieth a Precept sent by the King out of his Bench to those that have the custody of fines levyed that they send them by a day assigned to his Bench West parte 2. symb titulo Fines Sect. 138. F. 154. B. and also to the Exchequer for certificate that Judgement is given for the livery of Lands to such or such a one out of the Kings hands whereupon he is dismissed also out of the Exchequer anno 5 R. 2. cap. 15. of divers other uses and applications of this Mittimus see the Register original in the Table of the Book MO Moderata misericordia is a Writ that lyeth for him that is amerced in Court Baron or other being not of Record for any transgression or offence beyond the quality of a fault It is directed to the Lord of the Court or his Bailiff commanding them to take a moderate amerciament of the party and is founded upon Magna Charta cap. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti c.
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
hath supremam authorit◠em Ecclesinsticam as the Pope had in time past Plowden casu Grendon fo 498. Resort is a word used properly in a writ of tayl or cousenage as descent is in a writ of right Ingham Respectu computi Vicecomitis habendo is a writ for the respiting of a Shyreeves accompt upon just occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 179. Respite of homage respectus homagii is the forbearing of homage which ought first of all to be performed by the Tenent that holdeth by homage Which respite may be occasioned upon divers good reasons but it hath the most frequent use in such as hold by Knights service in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certain times in the year some small sum of mony to be respited untill the Prince may be at leasure to take it in person Responsions responsiones seems to be a word used properly and especially by the Knights of S. John of Jerusalem for certain accompts made unto them by such as occupied their lands or stocks Anno 32 H. 8. cap. 24. Responsalis is he that commeth for another at the day assigned for his appearance in Court Bracton Fleta seemeth to make a difference between atturnatum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came only to allege the cause of the parties absence be he the Demandant or Tenent and responsalis came for the Tenent not only to excuse his absence but also to signifie what tryal he meant to undergo viz. the Combate or the Country lib. 6. cap. 11. § Si autem A man in antient time could not appoint an Attorny for him without warrant from the King Fleta codem cap. 13. in fine See Atturney This word is used in the Canon law Et significat procuratorem vel cum qui absentem excusat cap. Cum olim propter extra de rescript Restitution restitutio is a yeelding up again of any thing unlawfully taken from another It is used in the Common law most notoriously for the setting him in possession of Lands or Tenements that hath been unlawfully disseised of them which when it is to be done and when not see Cromptons Justice of peace fol. 144. b. c. usque 149. Restitutione extracti ab Ecclesia is a Writ to restore a man to the Church which he had recovered for his sanctuary being suspected of felony Register orig fol. 69. a. Restitutione temporalium is a Writ that lyeth in case where a man being elected and confirmed Bishop of any Diocesse and hath the Princes Royal assent thereunto for the recovery of the Temporalities or Barony of the said Bishoprick with the appurtenances And it is directed from the King to the Escheator of the County the form whereof you have in the Regist. orig fol. 294. and in Fitzb. nat br fol. 169. Where you may read also that it lyeth for those Abbots and Priors newly elected and confirmed that were of the Kings foundation Resummons resummonitio is compounded twice that is of re sub and Moneo and signifieth a second summons and calling of a man to answer an action where the first summons is defeated by any occasion as the death of the party or such like See Brook titu Resummons fol. 214. See of these four sorts according to the four divers cases in the Table of the Register judicial fol. 1. See also the new Book of Entries verbo Reattachment Resummons Resumption resumptio is particularly used for the taking again into the Kings hands such Land or Tenements as before upon false suggestion or other error he had delivered to the heir or granted by Letters patents to any man Brook titule Repetance 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 Common law a servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but only using or bearing his name or livery This Livery was wont to consist of Hats otherwise Hoods Badges and other suits of one garment by the year an 1 R. 2. ca. 7. These were taken by the Lords many times upon purpose of maintenance and quarrels and therefore they have been justly for the better freedom of Law forbidden by many Statutes as namely by anno 1 R. 2. cap. 7. upon pain of imprisonment and grievous forfeiture to the King and again anno 16 ejusd cap. 4. anno 20 ejusdem cap. 1. 2. and anno prim 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 lose his said Livery and forfeit his fee forever and any Yeoman wearing the Livery of the King or other Lord should be imprisoned and make ransome at the Kings will only some few excepted in the said Statute which statute is further confirmed and explaned anno 2 H. 4. cap. 21. et an 7 ejusd cap. 14. anno 13. ejusd cap. 3. et anno 8 H. 6. ca. 4. And yet this offence was so deeply rooted that Edward the fourth was driven to confirm the former statutes and further to extend the meaning of them as appeareth by the statute made anno 8 Ed. 4. cap. 2. adding an especial pain of five pounds to every man that giveth such Livery and as much to every one so retained either by writing oath or promise for every month Yet is not this fault so well looked unto but that there is need of more pregnant Laws for the redresse thereof or at the least better execution of those that be already made These be by the Feudists called assidati Sic enim dicuntur qui in alicujus fidem et tutelam recepti sunt Neapol constitu lib. 3. titulo 7. And as our retainers are here forbidden so are those affidats in other countries Retraxit is an exception against one that formerly commenced an action and withdrew it or was non-sute before tryal Brook titulo Departure in despight Retraxit fol. 216. See also the new book of Entries verbo departer verbo retraxit Return returna cometh of the French retour i. reditio reversio recursus and in our common Law hath two particular applications as namely the teturn of a Writ by Shyreeves 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 serving of the same Writ And this among the Civilians is called Certificatorium Of returns in this signification speak the Statutes of Westm. 2. cap. 39. anno 13 Ed. prim and Tractatus contra Vice-comites et Clericos with divers others collected by Rastal titulo Return of Shyreeves So is the return of an Office Stawnf praerog fol. 70. a certificate into
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
titulo Fines Sect. 156. Warrantia icustodiae is a Writ judicial that lyeth for him that is challenged to be ward unto another in respect of land said to be holden in Knights service which when it was bought by the Ancestors of the Ward was warranted to be free from such thraldome And it lyeth against the warranter and his heirs Regist. judic fol. 36. Warrant of Attorney See Letter of Attorney and Warranty Wardwite significat quietantiam misericordiae in casu qno non invenerit quis hominem ad wardam facteudam in castra vel alibi Fleta lib. 1. cap. 47. Warren Warrenna alià s varrenna commeth of the French Garrenne i. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum duntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attic. ca. 20. A warren as we use it is a prescription or grant from the King to a man of having Feasants Partridges Connies and Hares within certain of his Lands Cromptons Jurisd fol. 148. where he saith that none can have warren but only the King no more than Forest or Chase Because it is a special privilege belonging to the King alone And a little after he hath these words to this effect the King may grant warren to me in mine own lands for Feasants and Patridges only And by this grant no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the fruits of the earth as to eat Corn and pill the bark of Apple trees Master Manwood in his first part of Forest laws saith thus of it a warren is a franchise or privileged place of pleasure only for those beasts and fowles that are beasts and fowles of warren tantùm campestres non sylvestres viz. For such beasts fowls as are altogether belonging to the fields and not unto the woods and for none other beasts or fowles There are but two beasts of warren that is to say Hares and Connies And there are also but two fowles of warren viz. Feasants and Partridges And none other wildbeasts or birds have any firm peace privilege or protection within the warren If any person be found to be an offendor in any such free warren he is to be punished for the same by the course of the Common law and by the Statute anno 21 Edward 3. called the Statute de malefactoribus in parcis chaceis c. For the most part there are no Officers in a warren but the Master of the Game or the Keeper A free warren is sometime inclosed and also the same sometime doth lye open for there is no necessity of inclosing the same as there is of a Park for if a Park is suffered to lye open it ought to be seised into the Kings Kings hands Thus far M. Manwood Warscot is the contribution that was wont to be made towards Armor in the Saxons time In Canutus his Charter of the Forest set out by M. Manwood in the first part of his Forest laws uum 9. you have these words Sint omnes tam primaris quà m madiocres minuti immunes liberi quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus aâ—morum oneribus quod Warscot Angli dicunt et forinsecis querelis Warwis aliâs Wardwit is to be quit of giving mony for keeping of watches New exposition of law terms Wasie vastum commeth of the French gaster i. populari It signifieth diversly in our Common law first a spoil made either in houses woods gardens orchards c. by the tenent for term of life or for term of anothers life or of years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168. c. usque 178. upon this committed the Writ of waste is brought or the recovery of the things wherupon the waste is made See Vastâ— Waste may be also made of tenents or bondmen belonging or regardant to the manor Regist. orig fol. 72. a. et 73. a. See the new book of Entries verbo Waste A waste of the Forest as M. Manwood saith parte prim of his Forest laws pag. 172. is most properly where a man doth cut down his own woods within the Forest without license of the King or of the Lord Chief Justice in Eyr of the Forest But it is also where a man doth plow up his own meadow or Pasture and converteth it unto tillage And of this you may read him at large in his second part cap. 8. num 4 et 5. Waste in the second signification is taken for those parts of the Lords Demesns that be not in any one mans occupation but lye common for bounds or passages of the Lord and Tenent from one place to another and sometimes for all the Kings Subjectâ— VVhich seemeth to be called waste because the Lord cannot make such profit of it as he doth of other of his land by reason of that use which others have of it in passing to and fro Upon this none may build or feed or cut down Trees without the Lords license VVaste hath a third signification as year day and waste Annus dies et vastum which is a punishment or forfeiture belonging to petit treason or felony wherof you may read Stawnf pl. cor lib. 3. cap. 30. And see Year Day and Waste Wasters anno 5 Ed. 3. cap. 14. See Roberds wen. See Draw latches Wastoll bread anno 51 H. 3. statute of br ad and statute of pilory Waterbayliffs seem to be officers in Porttowns for the searching of Ships an 28 H. 6. ca. 5. Watling street is one of the four waies which the Romans are said to â—have made here in England and called them Consulares Praetorias Militares Publicas Master Cambden in his Britannia perswadeth himself that there were more of this sort than four This street is otherwise called Werlam street as the same Author saith and howsoever the Romans might make it and the rest the names be from the Saxons And Roger Hoveden saith it is so called because the Sons of Wethle made it leading from the East sea to the VVest Annal part prior fol. 248. a. This street leadeth from Dover to London and so to Saint Albons and there onward directly toward the North-west through the Land as from Dunstable to Westchester anno 39. El. cap. 2. The second street is called Ikenild street beginning ab Icenis who were the people inhabiting Norfolk Suffolk and Cambridge shire as M. Cambden declareth pag. 345. The third is called Fosse the reason of the name he giveth because he thinketh it was ditched on each side The fourth is called Ermin street Germanico vocabulo à Mercurio quem sub nomine Iâ—munsull i. Mercurii columma Germani majores nostri colueruâ—t Of these read more in the said Author pag. 43 44. In the description of England
The site of this College is the Castle of Windsour with the chapel of Saint George erected by Edward the Third and the Chapter house in the said Castle Howbeit the yearly Solemnity or Prfoession may be and is by the Soveraigns direction performed at the Court wheresoever it lyeth upon Saint Georges day Master Camden saith that this order received great ornament from Edward the fourth See M. Ferns glory of Generosity pag. 120. See Garter Hospinian in his book de origine progressu Monachatiu maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may read cap. 307. as also Bernardus Girardus in his historie lib. 15. cap. 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 ceremony of his creation Ferns glorie of generositie pag. 105. These are spoken of anno 8 Edw. 4. cap. 2. But I had an old Monument lent me by a friend whereby it appeareth that these knights were so called of a Bath into the which after they had been shaven and trimmed by a Barber they entered and thence the night before they were Knighted being well bathed were taken again by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and led through many solemn ceremonies viz. confessing their sins watching and praying all night in a Church or Chapel with many other to the order of knighthood the next day So that by the same reason these seemed to be tearmed knights of the Bath by which knights made out of the field in these dayes are called knights of the Carpet because in receiving their Order they commonly kneel upon a carpet Knights of the Order of S. John of Jerusalem Milites Sancti Johannis Hierosolumitani were otherwise called knights of the Rhodes beeing an Order of knighthood that had beginning about the year of the Lord 1120. Honorius then Pope of Rome Cassanaeus de Gloria Mundi parte 9. Consideratione 4. And Master Fern in his Glory of Generosity pag. 127. They had their primary foundation and chief aboad first in Hierusalem and then in Rhodes where many of them lived under their Principal called the Master of Rhodes untill they were expelled thence by the Turk Anno 1523. Siâ—hence which time their chief Seat is at Malta where they have done great exploits against the Infidels but especially in the year 1595. These though they had their beginning and especiallest aboad first at Hieruâ—alem and next in Rhodes yet they encreased both in number and Revenues living after the Order of Friers under the rule of Saint Augustine and were dispersed into France Spain Alverne Campany England and Ireland Of these mention is made in the Statute Anno 25 Her 8. cap. 2. and anno 26 ejusdem cap. secundo And it appeareth that they in England had one general Prior that had the government of the whole Order within England and Scotland Regist. orig fol. 20. b. But towards the end of Henry the eighths daies they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described you may read in the Treatise intituled the Book of Honor and Arms lib. 5. cap. 18. written by Master Richard Johnes Knights of the Rhodes anno 32 H. 8. cap. 24. See Knights of the Order of S. John Knights of the Temple otherwise called Templers Templarii was an Order of Knighthood created by Gelasius the Pope about the year of our Lord 1117. and so called because they dwelt in a part of the buildings belonging to Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pilgrims charitably and in their Armor led them through the Holy Land to view such things as there were to be seen without fear of Infidells adjoining This Order continuing and increasing by the space of 200 years was far spread in Christendom and namely here in England But at the last the chief of them at Hierusalem being as some men say found to fall away to the Sarazens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Edward the 1. daies and their substance given partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mundi parte 9. Consid 5. And see anno prim Edw. 1. cap. 24. Others write that in truth their destruction grew from leaning to the Emperour against the Pope of Rome whatsoever was pretended Joach Stephanus de jurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parliament and be two Knights or other Gentlemen of worth that are chosen in pleno Comitaâ—u by the Freeholders of every County that can dispend 40 shillings per annum and be resident in the Shire anno 10 H. 6. cap. 2. anno 1 H. 5. cap. 1. upon the Kings Writ to be sent to the Parliament and there by their Counsel to assist the common proceedings of the whole Realm These when every man that had a Knights fee were custumarily constrained to be a Knight were of necessity to be mlietes gladio cincti for so runneth the tenure of the writ at this day Crompton Jurisdict fo pri But now there being but few Knights in comparison of former times and many men of great livings in every County Custom beareth that Esquires may be chosen to this Office anno 23 H. 6. cap. 6. so that they be resident within the County anno H. 6. cap. 7. anno 1 H. 5. cap. prim For the observations in choise of these Knights see the Statutes anno 7 H. 4. cap. 15. anno 11 ejusdem cap. 1. anno 6 Hen. 6. cap. 4. anno 23 H. 6. ca. 15. and the new Book of Entries verbo Parliament nu 1. Their expences during the Parliament are born by the County anno 35 Hen. 8. cap. 11. Knight Marshal Marescallus hospitii regâ—i is an Officer in the King House having jurisdiction 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 party Regist orig fo 185. a b. et fo 191. b. whereof you may there read more at large Knights fee feudum militare is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry thirds daies was 15 pounds Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres eodem But Sir Thomas Smith in his Repub Ang. li. prim cap. 18. rateth it at forty pound And
I find in the Statute for Knights anno prim Ed. 2. cap. prim that such as had twenty pounds in fee or for term of life per annum night be compelled to be Knights Master Stowe in his Annals pag. 285 saith there were found in England at the time of the Conqueror sixty thousand two hundreds and eleven Knights fees others say 60215. whereof the religious Houses before their suppression were possessed of 28015. Knights fee is sometime used for the Rent that a Knight payeâ—h for his fee to his Lord of whom he holdeth And this is an uncertain sum some holding by forty shillings the shield some by twenty shillings as appeareth by Bracton lib. 5. tract prim ca. 2. Knighton gylde was a Gylde in London consisting of ninteen Knights which King Edgar founded giving unto them a portion of void ground lying without the walls of the City now called Portsokenward Stowe in his Annals pag. 151. LA LAborariis is a Writ that lyeth against such as having not whereof to live do refute to serve or for him that refuseth to serve in Summer where he served in Winter Orig. Regist fol. 189 b. Laches commeth of the French Lascher i. laxare or lasche i. frigidus ignavus flaccidus It signifieth in our Common law negligence as no Laches shall be adjudged in the Heir within age Litleton fo 136. and Old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot have an Assise but I must take mine Action upon the Case Lagon see Flotzon Laisedlists an 1 R. 3. ca. 8. Land tenent anno 14 Edw. 3. stat 1. ca. 3. anno 23 ejusdem cap. 1. 26. ejusdem stat 5. cap. 2. See Terre-tenent anno 12 R. 2. ca. 4. an 4 H. 4. c. 8. It is joyned with this word Possessor as Synonymon v. anno 1 H. 6. ca. 5. See Terretenant Lants de crescentia Walliae traducexdis absque custuma c. is a Writ that lyeth to the Customer of a Port for the permitting one to passe over Woolls without Custome because he hath paid Custome in Wales before Register fol. 279. Lapse Lapsus is a slip or departure of a right of Presenting to a void Benefice from the original Patron neglecting to present within six months unto the Ordinary For we say that Benefice is in lapse or lapsed whereunto he that ought to present hath omitted or slipped his opportunity anno 13 Elizab cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance as privy except only upon the Resignation of the former Incumbent or the Deprivation upon my cause comprehended in the Statute anno 13 Eliz. cap. 12. Panor in ca. quia diversitatem num 7. de concess praebend Rebuffus de devolut in praxi benesiciorum Lancelotus de collation lib. 1. Institut Canon § Tempus autem In which Cases the Bishop ought to give notice â—o the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Sym. titulo Inditements to be theft of personal goods or chattells in the Owners absence and in respect of the thing stolne it is either great or small Great Larcenny is wherein the things stoln though severally exceed the value of 12 d. and Petit Larceny is when the goods stoln exceed not the value of 12 d. hitherto M. West But he differeth from Bracton lib. 3. tract 2. cap. 32. nu 1. Of this see more in Stawnf pl. cor li. 1. cap. 15 16 17 18 19. Laghslâ—te is compounded of lah i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb. explication of Saxon words verbo Mulcta Last is a Saxon word signifying a burden in general as also particularly a certain weight for as we say a last of Hering so they say Ein last cornes last wines c. chence commeth Lastage which see in Lestage A Last of Hering containeth ten thousand anno 31. Ed. 3. stat 2. cap. 2. A Last of â—itch and tar or of ashes containeth 14 parrells anno 32 H. 8. cap. 14. A Last of hides anno 1 Jac. ca. 33. containeth 12 dozen of hides or skins Latitat is the name of a Writ whereby all men in personal actions are called originally to the Kings Bench Fitz. natura brevium fol. 78. M. And it hath the name from this because in respect of their better expedition a man is supposed to lurk and therefore being served with this writ he must put in security for his appearance at the â—ay for latitare est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes l. Eulcinius § Quid sit latitare Ï€. Quibus ex eausis in possessionem eatur But to understand the true original of this Writ it is to be known â—hat in ancient time whilest the Kings Bench was moveable and followed the Court of the King the Custom was when any man was to â—e sued to send forth a Writ to the Sheriff of â—â—e County where the Court lay for the calling â—im in and if the Sheriff returned Non est inventus in Baliva nostra c. then was there a second Writ procured forth that had these words Testatum est â—um latitare c. and thereby the Sheriff willeth to attach him in any other place where he might be found Now when the tribunal of the Kings Bench came to be setled at Westminster the former course of Writ was kept for a long time first sending to the Sheriff of Middlesex to summon the party and if he could not be found there then next to apprehend him wheresoever But this seeming too troublesome for the Subject it was at last devised to put both these wits into one and so originally to attach the party complained of upon a supposall or fiction that he was not within the County of Middlesex but lurking elsewhere and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a Writ directed the Sheriff of the County where he is suspected to be And by this Writ a man being brought in is committed to the Marshall of that Court in whose custody when he is then by reason he is in the same County where the Kings Bench is he may be sued upon an Action in that Court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that Court I have been informed that the bringing of these Actions of Trespass so ordinarily to the Kings Bench was an invention of Councellors that because only Sergeants may come to the Common Pleas Bar found a means to set themselves on work in that Court The form of this Writ is such Jacobus Dei gratia Angliae Franciae Scotiae Hibernia Rex fidei defonsor c. Vicecomisi Cantabridgiae salutem
ibid. Nusance nocumentum commeth of the French nuire i. nocere It signifieth in our Common law not only a thing done whereby another man is annoyed in his free Lands or Tenements but especially the Assise or Writ lying for the same Fitzh nat brev fol. 183. And this Writ de Nocumento or of Nusance is either simply De nocumento or de parvo nocumento and then it is Vicountiel Old nat brev fol. 108 109. Fitz. natur brev ubi supra fol. 184. Britton calleth it Nosance whom also read cap. 61 62. M. Manwood parte 2. of his Forest laws cap. 17. maketh three sorts of Nusance in the Forest The first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale which read with the rest of that whole Chapter See the Register orig fol. 197 199. Nutmegs nux myristica vel nux muscata is a spice well known to all It groweth of a Tree like a Peach-tree and is inclosed in two Husks whereof the inner Husk is that spice which we call Mace Of this who will may read more in Gerards Herbal lib. 3. cap. 145. It is mentioned among spices that are to be garbled anno 1 Jacob. cap. 19. O OB OBedientiae was a Rent as appeareth by Roger Hoveden parte poster suorum annalium fol. 430. in these words Ut ergo eis sc regularibus adimatur opportunitas evagandi prohibemus ne reditus quos obedientias vocant ad firmam teneant c. Obedidientia in the Common law is used for an Office or the administration of an Office ca. cùm admonasterium 6. extra de statu monacho cano regula And thereupon the word obedientiales is used in the provincial constitutions for those which have the execution of any Office under their Superiors cap. prim de statu regula For thus saith Lyndwood in his gloss upon that word Hâ—i sunt qui sub obedientia suorum Praelatorum sunt habent certa officia administranda inte riùs vel exteriùs It may be that some of these Offices called obedientiae consisted in the collection of rents or pensions and that therefore those Rents were by a Metonymie called obedientia quia colligebantur ab obedientialibus Oblitions oblationes are thus defined in the Canon law Oblationes dicuntur quaecunque à piis fidelibúsque Christianis offeruntur Deo Ecclesiae sive res soli sive mobiles sint Nec refert an legentur testamento an aliter donentur cap. clerici 13. quaest 2. Read more of these in Duarenus de sacr eccl minister ac benefi cap. tertio Oblagation obligatio and Bill be all one saving that when it is in English it is commonly called a Bill and when it is in Latine an Obligation West parte 1. Symbol lib. 2. sect 146. True it is that a Bill is obligatory but we commonly call that an Obligation which hath a Condition annexed The former Author in the same place saith thus farther An Obligation is a Deed whereby the Obligor doth acknowledge himself to owe unto the Obligee a certain sum of money or other thing In which besides the parties names are to be considered the thing due and the time place and manner of payment or delivery Obligations be either by matter in Deed or of Record An Obligation by matter in Deed is every Obligation not acknowledged and made in some Court of Record Hithetto Master West OC Occupavit is a Writ that lyeth for him which is ejected out of his Land or Tenement in time of war as a Writ of Novel disseisin lieth for one ejected in time of peace Ingham § Brief de novel disseisin Octo tales See Tales See Brook tit Octo tales OD Odio atia anno 3 Ed. 1. cap. 11. is a Writ sent to the Under-Sheriff to inquire whether a man being committed to Prison upon suspition of murther be committed upon malice or evill will or upon just suspition Register orig fol. 133. b. See Bracton lib. 3. parte 2. cap. 20. OF Office Officinm doth signifie not only that function by vertu whereof a man hath some imployment in the affairs of another as of the King or other Common person but also an Inquisition made to the Kings use of any thing by vertue of his Office who inquireth And therefore we oftentimes read of an Office found which is nothing but such a thing found by Inquisition made ex officio In this signification it is used anno 33 H. 8. cap. 20. and in Stawnfords praerog fol. 60 61. where to traverse an Office is to traverse the Inquisition taken of Office And in Kitchin fol. 177. to return an Office is to return that which is found by vertue of the office See also the new Book of Entries verbo office pur le Roy. And this is by a Metonymy of the effect And there be two sorts of Offices in this signification issuing out of the Exchequer by Commission viz. an Office to intitle the King in the thing inquired of and an Office of instruction which read in Sir Edward Cokes Reports vol. 6. Pages Case fol. 52. a b. Office in fee is that which a man hath to himself and his heirs anno 13 Edward 1. cap. 25. Kitchin folio 152. See Clerk Official Officialis is a word very diversly used For by sundry Civilians of other Countries that write in these daies it appeareth to be applyed in many places to such as have the sway of temporall Justice Aegidius Bossius in pract crim tit De officialibus corruptis c. But by the ancienter Civil law it signifieth him that is the Minister or Apparit or of a Magistrate or Judge lib. 1. § si quis ultro Ï€. de quaestio Co. de filiis officialium c. lib. 12. In the Canon law it is especially taken for him to whom any Bishop doth generally commit the charge of his spiritual Jurisdiction And in this sunse one in every Dioces is officialis principalis whom the Statutes and Laws of this Kingdom call Chanceller anno 32 H. 8. cap. 15. The rest if there be more are by the Canon law called officiales foranei glos in Clem. 2. de Rescriptis but with us termed Commissaries Commissarii as in the Statute of H. 8. or sometimes Commissiarii foranei The difference of these two powers you may read in Lyndwood titulo de sequestra posses ca. 1. verbo Officialis But this word official in our Statutes and Common law signifieth him whom the Archdeacon substituteth in the executing of his Jurisdiction as appear eth by the Statute above mentioned and many other places Officiariis non faciendis vel amovendis is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath untill enquiry be made of his manners according to an Inquisition formerly ordained Register original fol. 126. b. ON Oner ando pro rata
portionis is a Writ that lyeth for a joint renent or renent in Common that is distreyned for more rent than the proportion of the Land commeth unto Reg. orig fol. 182. b. OP Open Law Lex manifesta Lex apparens is making of Law which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions except they have Witnesses to prove their imputation OR Orchel anno 1 R. 3. cap. 8. Orchall anno 24 H. 8. cap. 2. anno 3 4 Ed. 6. cap. 2. seemetst to be all one with Cork Ordinance of the Forest Ordinatio Forestae is a Statute made touching Forest causes in the 34 year of Edward 1. See Assise Ordinary Ordinarius though in the Civil law whence the word is taken it doth signifie any Judge that hath authority to take knowledge of Causes in his own right as he is a Magistrate and not by deputation yet in our Common law it is most commonly and for ought I remember alway taken for him that hath ordinary jurisdiction in causes Ecclesiastical See Brook hoc titulo Linwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo et aliis superioribus qui soli sunt universales in suis ju isdictionibus sed sunt sub eo aliâ—ordinarii hii viz. quibus competit jurisdictio ordinaria de jure privilegio vgl consuetudine c. v. c. Ordinatione contra servientes is a Writ that lyeth against a Servant for leaving his Master against the Statute Register original fol. 189. Ordel Ordalium is a Saxon word signifying as much as Judgement in some mens opinions compounded of two Saxon words or a privative as a in Greek and dael 1. pars It signifieth as much as expers but it is artificially used for a kind of purgation practised in antient times whereby the party purged was judged expers criminis called in the Canon law purgatio vulgaris and utterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were used in it Of this you may like wise read Holinshed in his description of Britain fol. 98. and also M. Manwood parte pri of his Forest laws pag. 15. But of all the rest Hotoman especially disput de feud p. 41. where of five kind of proofs which he calleth feudales probationes he maketh this the fourth calling it explorationem et hujus furiosae probationis 6. genera fuisse animadvertit per flammam per aquam perferrum candens per aquam vel gelidam vel ferventem per sortes et per corpus Domini of all which he allegeth several exemples out of History very worthy the reading See M. Skene also de verbor significatione verbo Machamium This seemeth to have been in use here with us in Henry the seconds dayes as appeareth by Glanvile lib. 14. c. 1 2. Read also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seq Orfgild aliis Cheapegeld is a restitution made by the Hundred or County of any wrong done by one that was in plegio Lamberd Archaion page 125. 126. Org is anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now a daies called Organ ling. Oredelf is a liberty whereby a man claimeth the Ore found in his soyl New exposition of Termes Ortelli is a word used in the book termed pupilla oculi in the chapter containing the Charter of the Forest parte 5. cap. 22. and signifyeth the clawes of a dogs foot being taken from the French orteils des pieds i. digiti pedum the Toes OS Osmonds anno 32. Henr. 8. cap. 14. OT Oth of the King Juramentum Regis is that which the King taketh at his Coronation which in Bract. is set down in these words Debet Rex in coronatione sua in nomine Jesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse praecepturum pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur Secundò ut rapacitates et omnes inquietates omnibus gradibus interdicat Tertiò ut in omnibus judciis aequitatem praecipat misericordiam ut indulgeat ei suam misericordiam clemens misericors Dens ut per justitiam suam firma gaudeant pace universi And in the old abridgment of Statutes set out in King Henry the eighths dayes I find it thus described This is the oath that the King shall swear at his Coronation That he shall keep and maintain the right and the liberties of the Holy Church of old time granted by the righteous Christian Kings of England and that hee shall keep all the Lands Honours and Dignities righteous and free of the Crown of England in all manner whole without any manner of minishment and the rights of Crown hurt decayed or lost to his power shall call again into the ancient estate and that he shall keep the peace of the Holy Church and of the Clergy and of the people with good accord and that he shall doe in all his judgements equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and customes of the Realm and to his power keep them and affiem them which the folke and people have made and chosen and the evill Lawes and customes wholey to put out and stedfast and stable peace to the people of this Realm keep and cause to be kept to his power and that hee shall grant no Charter but where he may doe it by his oath All this I find in the foresaid Book titulo Sacramentum Regit and Charter of Pardon quinto Oth of the Kings Justices is That they well and truly shall serve the King and that they shall not assent to things that may turn to his dammage or disinheritance Nor that they shall take no fee nor livery of none but the King Nor that they shall take gift or reward of none that hath adoe before them except it be meat and drink of small value as long as the plce is hanging before them nor after for the cause Nor that they shall give counsell to none in matter that may touch the King upon pain to be at the Kings will body and goods And that they shall doe right to every person notwithstanding the Kings Letters c. Anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. ejusdem statuâ—o perse Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani and Legate for the Pope here in England anno 22 H. 3. whose constitutions we have at this day Stows An. p. 303. and see the first constitution of the said Legat Othobonus was a Deacon Cardinal