Jurisd fol. 105. Controller of Calis anno 21 Rich. 2. cap. 18. Controller of the Mint anno 2 H. 6. cap. 12. Controller of the Hamper Contrarotulator Hamperii which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time and dayes appointed for sealing His office is to take all things sealed from the Clerk of the Hanaper inclosed in bags of Lether as is mentioned in the laid Clerks office and opening the bags to note the just number and especial effect of all things so received and to enter the same into a special book with all the duties appertaining to his Majestie and other officers for the same and so chargeth the Clerk of the Hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice every year to the Sheriffs to levie the ferms and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the Pell is also an officer of the Exchequer of which sort there be two vtz the two Chamberlains Clerks that do or should keep a controlment of the Pell of receipts and goings out And in one word this officer was originally one that took notes of any other officers accounts or receipts to the intent to discover him if he dealt amisse and was ordained for the Princes better security howsoever the name sithence may be in somethings otherwise applyed To the proof whereof you may take these few words out of Fleta lib. 1. cap. 18. in prim Qui cùm fuerint ad hoc vocati Electi speaking of the Coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentent contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illudtangentibus c. Which contrarollum is nothing else but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or original This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France For there the King hath his Receivers of Tailes in every Province Controllers qui ad majorem fidem susceptoribus accedunt describuâ—tque in tabulis quae colliguntur Gregorii syntag lib. 3. cap. 6. num 6. Conventione is a Writ that lyeth for the breach of any covenant in writing Register orig fol. 185. Old nat br fol. 101. Fitzh calleth a Writ of Covenant nat br fol. 145. who divideth covenants into personal and real making a sufficient discourse of them both as also how this Wtit lyeth for both Convict convictus is he that is found guilty of an offence by the verdict of the Jurie Stawnf pl. cor fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith that conviction is either when a man is out-lawed oâ— appeareth and confesseth or else is found guilty by the Inquest Crompt Just of Peace fol. 9. a. Conviction and attainder are often confound ed lib. 4. fol. 46. a. b. See Attaint Coparceners participes be otherwise called Parceners and in Common Law are such as have equal portion in the Inheritance of their Ancestour and as Litleton in the beginning of his third Book saith Parceners be either bâ— Law or by custome Parceners by Law are the issue Female which no heir Male being come in equality to the Lands of their Ancestours Bract. lib. 2. cap. 30. Parceners by custom are those that by Custome of the Countrey challenge equal part in such Lands as in Kent by the Custome called Gavel Kind This is called Adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the Civilians it is termed familiae erciscundae judicium quod inter cohaeredes ideo redditur ut haereditas dividatur quod alterum alteri dare facere oportâ—bit praestetur Hotoman Of these two you may see Litleton at large in the first and second Chapters of his third Book and Britton cap. 27. intituled De heritage divisable The Crown of England is not subject to Coparcinory anno 25 H. 8. cap. 22. Copie copia cometh from the French copia i. le double de quelque escripture latinè descriptio graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an original writing as the copie of a Charter the copie of a Court-roll Copia libelli deliberanda is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical Reg. orig fol. 51. Copie-hold tenura per copiam rotuli curiae is a tenure for the which the Tenent hath nothing to shew but the copie of the Rolls made by the Steward of his Lords Court For the Steward as he inrolleth and maketh remembrances of all other things done in the Lords Court so he doth also of such Tenents as be admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the transcript of this is called the Court-roll the copie whereof the Tenent taketh from him and keepeth as his only Evidence Coke lib. 4. fol. 25. b. This Tenure is called a Base-tenure because it holdeth at the will of the Lord. Kitchin fol. 80. cap. Copy-holds Fitzh nat br fol. 12. B. C. who there saith that it was wont to be called Tenure in villenage and that this Copie-hold is but a new name Yet it is not simply at the will of the Lord but according to the custome of the Manor So that if a Cople-holder break not the custome of the Manor and thereby forfeit his Tenure he seemeth not so much to stand at the Lords courtesie for his right that he may be displaced hand over head at his pleasure These customes of Manor be infinite varying in one point or other almost in every several Manor First some Copy-hold is fineable and some certain that which is fineable the Lord rateth at what fine or income he pleaseth when the Tenent is admitted unto it that which is certain is a kind of inheritance and called in many places Custumarie because the Tenent dying and the hold being void the next of the blood paying the custumarie fine as two shillings for an Acre or such like may not be denyed his admission Secondly some Copy-holders have by custome the wood growing upon their own land which by Law they could not have Kitchin ubi supra Thirdly Copy-holders some be such as hold by the verge in ancient Demesn and although they hold by Copy yet are they in account a kind of Free-holder For if such a one commit Felonie the King hath annum diem vastum as in case of Freehold Some other hold by common Tenure called meer Copy-hold and they committing Felony their land escheateth to the Lord of the Manor forthwith Kitchin fol. 81. chap. Tenents per verge in ancient Demesn What ancient Demesn is see in the right place See Tenent by Copie
Saxons pecunia vel tributum See Gyld Genets aliâs Jenets See Furre Gentleman generosus seemeth to be made of two words the one French gentil i. hònestus vel honesto loco natus the other Saxon Mon as if you would say a man well born The Italian followeth the very word calling those gentil homini whom we call Gentlemen The Spaniard keepeth the meaning calling him Hidalgo or Hijo d'algo that is the son of some man or of a man of reckoning The French men call him also gentil homme so that Gentlemen be those whom their blood and race doth make noble and known 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek in Latine Nobiles Smith de Repub. Anglor lib. 1. cap. 20. under this name are all comprised that are above Yeomen so that Noblemen be truly called Gentlemen But by the course and custome of England Nobility is either major or minor the greater contains all titles and degrees from Knights upward the lesser all from Barons downward Smith ubi supra cap. 21. The reason of the name as I take it groweth from this that they observe gentilitatem suam that is the race and propagation of their bloud by giving of arms which the common sort neither doth nor may do For by the Coat that a Gentleman giveth he is known to be or not to be descended from those of his name that lived many hundred years since Howbeit that this is neglected where substance faileth to maintain the countenance For many of great birth fall to poverty whose posterity living and labouring in want have small encouragement to look after the titles of their Ancestors and so in time slip into the number of the ignoble sort yet if they by their vertue or fortune can again advance themselves to sufficient ability the Herald out of his observations can restore them to the Coat of their Progenitors and now and then help them to one that their Ancestors never ware Gentiles homines see in Tiraquel de Nobilitate cap. 2. pag. 53. Tully in his Topickes thus saith of this matter Gentiles sunt qui inter se codem sunt nomine ab ingenuis oriundi quorum majorum nemo servitutem servivit qui capite non sunt diminuti And in the first book of his Tusc questions he calleth Tullum Hostilium one of the Kings of Rome gentilem suum General Issue vid. Issue Gestu fama is a Writ Lamb. Eirenarcha lib. 4. cap. 14. pag. 531. GI Gigge milles were for the fulling of Woollen Cloth and forbidden Anno 5 Edward 6. cap. 22. Gild alias Geld gildare cometh from the Saxon word Gildan i. solvere Lamb. in his explication of Saxon words saith verbo Contubernalis It is used as a verb and as a substantive also and as it is a substantive it is latined Gilda and signifieth a Tribute or sometime an amercement or thirdly a Fraternity or Company combined together with orders and laws made among themselves by the Princes license M. Camden citeth many antiquities by which it appeareth to signifie a tribute or tax as pag. 135. 139. 159. 168. 178. M. Crompton in his Jurisdictions fol. 191. sheweth it to be an amercement as foot geld and fol. 197. he interpreteth it to be a prestation within the Forest in these words To be quit of all manner of Gelds is to be discharged of all manner of prestations to be made for gathering of sheves of Corn of Lamb and of Wool to the use of Foresters Again M. Camden pag. 349. dividing Suffolk into three parts calleth the first Gildable because tribute is thence gathered the second libertatem S. Edmundi the third libertatem S. Etheldredae And the Statutes anno 27 Ed. 3. Stat. 2. cap. 13. anno 11 H. 7. cap. 9. use Gildable in the same sense and so doth the Statute anno 27 H. 8. cap. 26. From this M. Lamberd ubi supra is likewise perswaded that the common word Gild or Gildhall doth proceed being a Fraternity or Communalty of men gathered into one combination supporting their common charge by a mutual contribution And in the Register original fol. 219. b. I read Gildam mercatoriam that is the Gild Merchant which I have heard to be a certain liberty or privilege belonging to Merchants whereby they are enabled to hold certain plees of Land within their own Precincts This word Gildes or Guildes is so used anno 37 Ed. 3. cap. 51. anno 15 R. 2. cap. 5. And Gildbalda Teutonicorum is used for the fraternity of Easterling Merchants in London called the Stilyard anno 22 Hen. 8. cap. octavo Ginger Zinziber is a spice well known being the root of a plant that groweth in hot Countries as Spain Barbary c. The true form whereof you have expressed in Gerards Herbal lib. 1. cap. 38. This is a spice whose root is to be garbled anno 1 Jacob. cap. 19. Gynny peper piper de Ginnea is otherwise called Indian peper of the place whence it cometh The nature and farther description whereof you have in Gerards Herbal lib. 2. cap. 66. This you have mentioned among druggs and spices to be garbled in the Statute 1 Jacob. cap. 19. Gisarms anno 13 Ed. 1. stat 3. cap. 6. is a kind of weapon Fleta writeth it Sisarms lib. 1. cap. 24. § item quod quilibet GL Glawnce Ore Plowden casu Mines fol. 320. b. Glanvil was a learned Lawyer that was chief Justice in Henry the seconds dayes and writ a Book of the Common laws of England which is the ancientest of any extant touching that subject Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He dyed in Richard the first his dayes at the City of Acres in the Coast of Jury being with him in his voyage to the Holy Land Plowden casu Stowel folio 368. b. GO Go is used sometime in a special signification in our Common law as to go to God is to be dismissed the Court. Brook titulo Fayler de records num 1. Go forward seemeth also to be a sign given by a Judge to the Seargeant or Counsellor pleading the cause of his Clyent that his cause is not good For when he standeth upon a point of Law and heareth those words of the Judges mouth he taketh understanding that he loseth the Action Smith de Repub. Anglo lib. 2. cap. 13. To go without day is as much as to be dismissed the Court Kitchin fol. 193. Good behavior See Good abearing Good abearing Bonus gestus is by an especial signification an exact carriage or behaviour of a subject toward the King and his liege people whereunto men upon their evil course of life or loose demeanure are sometimes bound For as M. Lamberd in his Eirenarcha lib. 2. cap. 2. saith he that is bound to this is more strictly bound than to the peace because where the peace is not broken without an affray or batterie or such like this surety de bono gestu may be forefeited by the
est in aliis libris guarentisare i. causam alterius suscâ—pere se defensorem profiteri The Feudists also use this word guarentus quo significatur is qui Latinis author dieitur evictionem praestat lib. 2. Feud titulo 34. § 2. The Civilians have a stipulation habere licere whereby is signified a power of perpetual and quiet possession to be given lib. 11. § final Ï€. de action empt vend But this reacheth not so far as our warranty For the Seller hereby is bound but to a kind of diligence and care to maintain the Buyer in his possession For if he be evicted the Buyer is not tyed to recompence Dectores in l. stipulatio ista Habere licere Ï€ de verb. obliga VVarranty signifieth in our Common law a promise made in a deed by one man unto another for himself and his heirs to secure him and his Heirs against all men for the enjoying of any thing agreed of between them And he that maketh this warranty is called Warrantus by Bracton lib. 2. cap. 19 37. The Romans called him Auctorem as Hotoman testifieth in his Commentarie upon Tullies oration pro Aulo Caecinna verbo Cesennius author fundi whom you may read more at large And that which we term vocationem warranti the Civilians call authoris laudationem vel nominationem Eimer pract cap. 48. This warranty passeth from the seller to the buyer from the feoffor to the feoffee from him that releaseth to him that is released from an action real and such like And for the form it passeth in a clause toward the end of a deed in these words Et ego verò praefatus 1 haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus assignatis suis contra omnes gentes warrantizabimus in perperuum per praesentes West parte pri symbol li. 2. titulo Feofments sect 28â— et 288. So a release may be with clause of warranty Idem eodem titulo Releases sect 410. There is also a warrant of Attorney whereby a man appointeth another to do something in his name and warranteth his action West eod sect 181. And these VVarrants of Attorney seem to differ from letters of Attorney because that whereas Letters pass ordinarily under the hand and seal of him that maketh an Attorney by them before any credible witnesses warrants of Attorney be acknowledged before such persons by such means and in such manner as Fines West parte 2. symbol titulo Recoveries sect prim F. See Attorney But these warranties in passing land from one to another be of greatest consequent and of more intricate understanding And therefore of these divers have written at large as Glanvile lib. 3. per totum Bracton lib. 5. tractat 4. per totum Briton cap. 105. Littleton in the last Chapter of his tenures the form and effect whereof Bracton in his second book cap. 16. num 10. declareth thus Et ego haeredes mei warrantizabimus tali haeredibus suis tantùm vel tali haeredibus assignatis haeredibus assignatorum vel assignatis assignatorum et eorum haeredibus et acquietabimus et defendemus eis totam terram illam cum pertinentiis secundum quod praedictum est contra omnes gentes in perpetuum per praedictum servitium Per hoc autem quod dicit Ego et haeredes mei obligat se et haeredes suos ad warrantiam propinquos et remotos praesentes et futuros ei succedentes in infinitum Per hoc autem quòd dicit warrantizabimus sucipit in se obligationem ad defendendum suum Tenementum in possessione rei datae et assignatos suos et eorum haeredes et omnes alios secundum quod supradictum est si fortè tenementùm datum petatur ab antiquo in Dominico Per hoc autem quòd dicit acquietabimus obligat se et haeredes suos ad acquietabimus obligat se et haeredes suos ad acquietandum si quis plus petierit servitii vel aliud servitium quam in charta donationis continetur Per hoc autem quòd dicit Defendemus obligat se et haeredes ad Defendendum si quis velit servitutem ponere reidatae contra formam suae donationiâ— c. But the new Expounder of law terms saith That this warranty beginneth two wayes one by deed of Law as if one and his Ancestors have held land of another and his Ancestors time out of mind by homage which is called Homage auncestrel for in this case the homage continually performed by the tenent is sufficient to bind the Lord to warrant his estate The other is by deed of the party which by deed or fine tâ—y eth himself to warrant the land or tenement to the tenent And Sir Edward Cook in the fourth book of his Reports mentioneth the same distinction Nokes case fol. 81. a. calling the one a warranty in law the other an expresse warranty Civilians would call these species tacitam et expressam Warranty as the said Author of the terms of law saith is in 2 manners warranty lineal warranty collateral But Litleton saith ubi supra it is threefold warranty lineal warranty collateral and warranty that beginneth by disseisin Warranty by disseisin what it is is partly declared in Sir Edw. Cooks Reports li. 3. Fermors case fol. 78. a. VVhether of them divideth more aptly let the learned Judge For my part I think that lineal and collateral be no essential differences of warranty as it is originally considered in the first warranter For he bindeth himself and his heirs in general And such be bound be they lineal or collateral unto him Therefore this division riseth rather from the event of the original warranty videlicet because it so falleth out that the tenent to whom the warranty was made or his heirs when he or they be called into question for the land warranted formerly by the first feoffour is driven by the means of the first warranters death to call or vouch him to warranty that is his heir and now presently living be he descending or collateral as it falleth out For example A. enfeoff th B. in twenty acres of land with clause of warranty against all men So long as A. himself liveth he is lyable to this Covenant and none else after his decease his heir is subject unto it be he his Son Brother Uncle or what else And whether of these or neither of these it will be none knoweth untill he be dead Wherefore I conclude that this didistinction of lineal or collateral hath no use originally in this contract For as the Author of the terms of Law saith the burthen of this warranty after the death of the first warranter falleth upon him upon whom the land should have descended if the warranty had not been made And that is the next of blood to the warranter be he in the descending or collateral line And therefore I resolve that this
distinction groweth from an event after the death of him that covenanteth to warrant But to make this plain I find warranty to be used equivocally signifying one sort the contract or covenant of warranty first made as appeareth by Bracton in the place formerly noted and in another sort the very effect and performance of this contract either by the Warrenter or his heirs when he or they be by the tenent thereunto vouched or called As also I shew out of Bracton lib. 5. tract 4. cap. pri nu 2. in these words Inprimis videndum est quid sit warrantizatio Et sciendum quòd warrantizare nihil aliud est quà m defendere acquietare tenentem qui warrantum vocabit in seisina sua c. VVith whom agreeth Fleta saying that Warrantizare nihil aliud est quam possidentem defendere lib. 5. ca. 15. § 1. lib. 6. cap. 23. quod lege per totum And the former division of lineal and collateral warranty rather belonging to warranty in the second signification than the former And that this way it is imperfect or at the least obscure I think it not hard to declare First to shew this I note out of Bracton who may be called to warranty And he lib. 5 tract 4. cap. pri num 5. saith thus Videndum est quis vocari possit ad warrantum sciendum quod tam maseulus quam foemina tam minor quà m major dism tamen si minor vocetur remane at platitum de warrantia in suspenso usque ad aetutem uisicausa fuerit ita favorabilis quòd aetas expectari non debeat sicut ex causa Dotis Item non solum vocandus est ad warrantum ille qui dedit vel vendidit verum etiam vocandi sunt eorum haeredes-descendentes in infinitum propter verba in Chartis contenta Ego haeredes mei warrantizabimus tali haeredibus suis c. Et in quo casu tenentur haeredes warrantizare sive sini propinqui sive remoti remotiores vel remotissimi Et quod de haeredibus dititur idem dici poterit de assignatis et de illis qui sunt locoallorum haeredum sicut sunt capitales Domini qui tenentibus suis quasi succedunt vel propter aliquem defectum vel propter aliqund delictum sicut de eschaetis Dominorum By which words we perceive that the burthen of this warranty is not tyed to heirs only be they in the descending or collateral line but that under this word Haeredes are comprised all such as the first warranters Lands afterwards come unto either by descent or otherwise ex causa lueraâ—iva So that if a man have twenty children yet if he will and may give his land to a Stranger leaving his children no land that Stranger in this case is his assign and is contained under this word Heir So if he commit felony after such warranty covenanted and forfeited his lands to his Lord by escheat the Lord is quesihares in this case and lyable to the warranty sormerly passed And in these two later cases warranty in the second signification seemeth to be neither lineal nor collateral and at the least as Littleton and the other Author have defined or by example expressed them But let us define these two species as they be wherefore lineal warranty is that which he is called unto by the Tenent upon whom the land warranted had descended if the warrantee had not been covenanted For example A. selleth to B. twenty acres land with clause of warranty and afterward dyeth leaving issue C. soon after B. is impleaded for this Land by D. and voucheth C. This is called a lineal warranty because but for it the land had descended from A. to C. Warranty collateral is that whereunto he is called by the Tenent upon the covenant of him from whom the Land could not descend to the party called For example B. the Son purchaseth Tenements in fee whereof A. his Father disseiseth him and selleth them to C. with a clause of warranty A. being dead C. is impleaded for the Tenements and calleth B. to warranty This warranty whereunto B. is called ia collateral because the Tenements if the warranty had not been covenanted by A. could not have descended from him to his Father A. for they were his own by purchase Many other examples there be of this in Littleton And this very case he maketh his example of warranty by disseisin as also of warranty collateral which plainly argueth that warranty by disseisin and warranty collateral are not distinct members of warrantee but may be confounded though one warranty may carry both names in divers respects For there is some warranty collateral that beginneth not by disseisin For example A. Tenent in tayl alienated to B. in fee and dyeth leaving issue C. afterward D. Brother to A. and Uncle to C. releaseth to B. with warranty and dying leaveth B. his heir being next of blood unto him This warraaty is collateral because it descendeth upon C. from his Vncle D. and yet it beginneth not by disseisin of his said Uncle Warranty hath a double effect one to debar him upon whom it descendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the Tenent if by him he be vouched thereunto or else to give him as much other land by exchange But as the former of these effects taketh place with all heirs except those to whom the Land warranted was entailed and that reap no equivalent benefit by the first warranter anno 6 Ed. prim cap. 3. so the later prejudiceth none that receiveth not sufficient Land from the first warranter to make it good Bracton lib. 5. tractat 4. cap. 8. num prim cap. 13. num 2. In the Customary of Normandy cap. 5. you have vouchment de garant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the warranter into the Court to make good his sale or gift Warrantia diei is a writ lying in case where a man having a day assigned personally to appear in Court to any action wherin he is sued is in the mean time by commandment imployed in the Kings service so that he cannot come at the day assigned This writ is directed to the Justices to this end that they neither take nor record him in default for that day Register original fol. 18. Of this you may read more in Fitzherb nat brev fol. 17. and fee Glanvile lib. prius cap. 8. Warrantia chartae is a writ that lyeth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to warranty for in this case his remedy is to take out this writ against the seoffor of his heir Regist. origin fol. 157. Fitzh nat brev fol. 134. Of this yon may likewise read Fleta lib. 6. cap. 35. and West parte 2. symb
may without absurdity be said to proceed from the French bouter i. ponere apponere impellere propellere It signifieth in our common Law as much as to encourage or set on The substantive abetment abettum is used for an incouraging or setting on Stawnf pl. cor fol. 105. And also abettour for him that encourageth or setteth on Old nat br fol. 21. But both verb and noun is alwaies used in the evill part Abishersing according to Rastall in his Abridgement titulo Exposition of law words is to be quit of amerciaments before whomsoever of transgression The Author of the new tearms calleth it otherwise Mishersing and saith it is to be quit of amerciaments before whomsoever of transgression prooved I am of opinion that the word original signifieth a forfeiture or an amerciament and that it is much transformed in the writing by misprision and ignorance of Clarks thinking it very probable that it proceedeth from the German verb Beschetzen which is as much as fisco addicere vel confiscere It seemeth by the former Authors to be tearmed a freedome or liberty because he that hath his word in any Charter or Grant hath not only the forfeitures and amerciaments of all others within his fee or transgressions but also is himself free from all such controll of any within that compass Abjuration abjuratio signifieth in our common law a sworn banishment or an oath taken to forsake the Realm for ever For as Stawnf pl. Cor. lib. 2. ca. 40. saith out of Polydore Virgils 11 book of Chronicles the devotion toward the Church first in Saint Edward a Saxon King and so consequently in all the rest untill anno 22 Hen. 8. was so earnest that if a man having committed felony could recover a Church or Church-yard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their comming or to their Coroner before them or him give his oath finally to forsake the Realm Of this you may read a touch an 7 Hen. 7. cap. 7. But the form and effect of this you may have in the old Abridgement of Statutes titulo Abjuration nu 3. taken out of the antient Tractate intituled De officiis Coronatorum as also in Cromptons Tractate of the Office of the Coroner fo 260. b. and in the new Book of Entries verbo Abjuration and in Andrew Horus Mirrour of Justices lib. 1. cap. del Office del Coroner This part of our Law was in some sort practised by the Saxons as appeareth by the Laws of King Edward set out by Master Lambert num 10. but more directlie by the Normans as is evident by the grand Custumary ca. 24. where you have these words in effect He that flieth to a Church or holy place may stay there for eight daies and at the ninth day he must be demanded whether he will yeeld himself to secular justice or hold him to the Church for if he will he may yeeld himself to the lay Court If he cleave to the Church he shall foreswear the Countrie before the Knights and other people of credit which may witness the act if need require The form of the Oath is likewise there set down with the rest of the proceeding in this matter very agreeable with ours This mercy as well of the Saxons as Normans derived unto us something resembleth that of the Roman Emperors towards such as fled to the Church lib. 1. Co. titulo 12. or to the images of themselves eodem titulo 25. And also that of Moses touching the Cities of refuge Exod. cap. 21. vers 13. Num. ca. 15. vers 6 11 12. Deut. 19. vers 2. Josh 20. vers 2. But as it was in our Ancestors daies larger by great oddes in this Realm so had it less reason as may appear to all that will compare them Of all circumstances belonging to this abjuration you may futher read the new Tearms of law Stawnford ubi supra and such others But this grew at the last upon good reason to be but a perpetual confining of the offender to some Sanctuary wherein upon abjurarion of his liberty and free habitations he would choose to spend his life as appeareth an 22 Hen. 8. cap. 14. And this benefit also by other Statutes is at the last wholly taken away So that abjurati on at this day hath place but in few places And if it be inflicted upon any it is not a confining to a Sanctuary for there be no Sanctuaries remaining amongst us but a sworn banishment of the Kings Dominions This the Civilians call exilium or deportatinem li. 28. Digest tit 22. de interdictis relegatis deportatis Abridge abbreviare commeth of the French abreger and in one generall language signifieth as much as to make shorter in words holding still the whole substance But in the Common law it seemeth at the least for the most part to be more particularly used for making a declaration or count shorter by subtracting or severing some of the substance therein comprised As for example a man is said to abridge his plaint in an Assise or a woman her demaund in an action of Dower that hath put into the plee or demand any land not in the tenure of the tenant or defendant and finding that by his answer raseth those parcels out of the plee praying answer to the rest So that here Abridger is not contrahere but rather subtrahere Tearms of the Law Brook titulo Abridgement and an 21 Hen. 8. ca. 3. Of this the Civilians have no use by reason of certain cautelous clauses they ordinarily have at the end of every position or article of their libel or declaration to this effect ponit conjunctim divisim et de quolibet et de tali et tanta quantitate vel summa qualis quanta per confessionem partis adversae vel per probationes legitimas in fine litis apparebit And again in the conclusion of all Non astringens se ad singula probanda sed petens ut quatenus probaverit in praemissis aut eorum aliquo eatenus obtineat by vertue of which clauses the Plaintiff faileth not in the end by any over or under demand neither is driven to begin his Action again but obtaineth for so much as he proveth to be due though not to the height of his demand Abridgement abbreviamentum see Abridge AC ACcedas ad curiam is a Writ that lyeth for him who hath received false judgement in a Court Baron being directed to the Sheriff as appeareth by Dyer f. 169. nu 20. Like as the writ De falso judicio lyeth for him that hath received false judgement in the County Court the form whereof you may see in Fitz. nat br fol. 18. d. in the Register fol. 9. b. where it is said that this writ lyeth for Justice delayed as well as falsly given It is a species of the writ called Recordare Register original fol. 5. b. and Fitz.
ubi supra Accedas ad Vicecomitem is a writ directed to the Coroner commanding him to deliver a writ to the Sheriff that having a pone delivered unto him doth suppress it Regist orig fol. 83. Accessory Accessorius vel Accessorium is used in our Common law otherwise than among the Civilians For whereas with them it is generally taken for any thing depending upon another here though it be so likewise yet most commonly and notoriously it signifieth a man that is guilty of a felonious offence not principally but by participation as by commandment advice or concealment And a man may be accessory to the offence of another after two sorts by the Common law or by Statute and by the Common law two waies also that is before or after the fact Before the fact as when one commandeth or adviseth another to commit a selony and is not present at the execution thereof For his presence maketh him also a principal wherfore there cannot be an accessory before the fact in man-slaughter because man-slaughter is sodain and not prepensed Cook lib. 4. fol. 44. a. Accessory after the fact is when one receiveth him whom he knoweth to have committed selony Accessory by Statute is he that abetteth counselleth or hideth any man committing or having committed an offence made felonie by Statute For though the Statute make no mention of abettours c. yet they are by interpretation included Of all these consult with Stawnf pl. cor lib. 1. cap. 45 46 47 48. There is also an accessory of an accessory as he that wittinglie receiveth an accessory to felony lib. Assis 26. pl. 51. coron Fitz. 197. Stawnf pl. cor lib. 1. cap. 48. And the Law of England is that so long as the principal is not attainted the accessorie may not be dealt with Stawnf ubi supra The reason whereof you may see Cook li. 4. fo 43. b. And this is also true by the Civil Law Claudius de Battandier in pract crim regula 101. at the least untill the principal be certainly known Of this subject read M. Cromprons Justice fol. 37. b. 38 39. Acceptance is a receiving of a rent whereby the Receiver bindeth himself for ever to allow a former fact done by another whether it be in it self good or not New tearms of Law Accompt computus is in the Common law taken for a writ or action brought against a man that by means of Office or business undertaken is to render an account unto another as a Bailiff toward his Master a Guardian in soccage toward his Ward and such others as you shall find particularly named by Fitz. in his nat br fol. 116. where you may also have the form and further use of this writ See ex parte talis Accroche See Encrochment This word Accroche is used an 25 Edward 3. Stat. 3. cap. 8. Achat commeth of the French achet i. emptio nundinatio and is used for a contract or bargain Brook tit Contract Acquittal signifieth in our Common law most ordinarilie a deliverance and setting free from the suspicion or guiltiness of an offence and is two fold acquital in law or acquital in fact Acquital in law is when two be appealed or endicted of felony one is principal the other accessory the principal being discharged the accessory by consequent is also freed And in this case as the the accessorie is acquitted by law so is principal in fact Stawnf pl. cor fol. 168. Acquittance acquietantia commeth from the French quicter or quitter i. accepto ferre or quictance i. acceptitatio apocha and signifieth a release or discharge from a debt formerly due But the verb acquit the participle acquitted and the noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by proclamation Smith de Rep. Anglo pa. 76. Stawnf pl. cor fol. 168. Brook tit Acquittall See the new tearms of Law verbo Acquittal and Acquittance Acquietandis plegiis is a writ lying for a suretie against the creditour that refuseth to acquit him after the debt is paid by the Debtour Regist orig fol. 158. where it appeareth that this is a Justicies Acre acre is a certain quantity of land containing in length 40 perches and four in breadth or to that quantitie be the length more or less And if a man erect any new Cottage he must lay 4 acres of land to it after this measure anno 31 Eliz. ca. 7. and with this measure agreeth Master Crompton in his Jurisdiction of Courts fol. 222. though he say also that according to the divers customes of divers Countries the the Perch differeth being in some places and most ordinarily but 16 foot dimid But in the County of Strafford 24 foot as was adjudged in the case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute made of sowing of Flax anno 24 H. 8. cap. 4. eight score Perches make an acre which is 40 multiplyed by 4. See also the ordinance of measuring of Land made an 34 Ed. 1. statut 1. which agreeth with this acompt The word Acre seemeth to come from the German word acker which is all one with the Latine ager Action actio is defined by Bracton lib. 3. cap. 1. as it is by Justinian lib. 4. Instit titulo de actionibus viz. Actio nihil aliud est quà m jus persequendi in judicio quod alicui debetur Action is principally divided by Justinian in personalem realem by Bracton into personal real and mixt action personal is that which belongeth to a man against another by reason of any contract offence or cause of like force to a contract or offence made or done by him or some other for whose fact he is by law to answer Bract. lib. 3. cap. 3. nu 2. Action real is defined to be that which is given to any man against another that upon any cause possesseth or occupieth the thing requited or sued for in his own name and no other mans and in this only respect that he possesseth or occupieth the thing and none other Bract. ibid. nu 3. and his reason is this quia habet rem vel possidet quam restituere potest vel dominum nominare This definition and reason he farther exemplifieth in the words there following which he that will may read at large Action mixt is that which lyeth as well against or for the thing which we seek as against the person that hath it and is called mixt because it hath a mixt respect both to the thing and the person Bract. lib. 3. cap. 3. nu 5. For example the division of an Inheritance between co-heirs or co-partners called in the Civil law actio familiae exciscundae secondly the division of any particular thing being common to more called likewise actio de communi dividundo and this kind of action saith Bracton doth seem to be mixt because it lyeth as well against the thing as the person and indeed so do other excellent Civilians as Cuiacius and
called bannimertum which was aunelently tearmed depertatlo if it were perpetual or religatio in insulam if for a time Vincentius de Franchis Petrus de Bellug a in suo speculo fol. 125. num 4. Barbaries Oxycantha is a thornie shrub known to most men to bear a berry or frâ—â—t of a sharp taste These berries as also the leaves of the said tree be medicinable as Goard in his Herbal sheweth lib. 3. cap. 21. You find them mentioned among Drugges to be garbled Anno 1 Jacob. cap. 9. Bargain and sale as it seemeth by Westpart 1. symb lib. 2. sect 436 is properly acontract made of mannors lands renements hereditaments other things transferring the property thereof from the bargainer to the bargainee But the Author of the new terms of Law addeth that it ought to be for money saying farther that this is a good contract for Land c. and that Fee-simple passeth thereby though it be not said in the deed To have and to hold the land to him and to his heire and though there be no liverie and selfin made by the seller so it be by deed intended sealed and enrolled either in the County where the land lyeth or within one of the Kings Courts of Records at Westminster within six moneths after the date of the Deed intended an 27 H. 8. cap. 16. Barkarie Barkaria is a heath house New book of Entries titulo Assise corp poliâ— 2. Some call it a Tan-house Baron Barao is a French word and hath divers fignifications here in England First it is taken for a degree of Nobility next unto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this fignification it is borrowed from other Nations with whom Baroniae be as much as Provinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as have the government of Provinces as their Fee holden of the King fome having greater some lesser authority within their territories as appeareth by Vincentius de Franobis in divers of his disceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call Court-barons as they be at this day called Seigneurs in France that have any such Mannor or Lordship Yea I have heard by men very learned in our Antiquities that neer after the Conquest all such came to the Parliament and sate as Nobles in the upper-house But when by experience it appeared that the Parliament was too much pestered with such multitudes it grew to a custome that none should come but such as the King for their extraordinary wisedome or quality thought good to call by Writ which Writ ran hac vice tantùm After that again men feeing this estate of Nobility to be but casual and to depend meerely upon the Prineâ—s pleasure they sought a more certain hold and obtained of the King letters patents of this dignity to them and their heires male And these were called Barons by letters patents or by creation whose postority be now by inhefitance and true delcent of Nobility those Barons that be called Lords of the Barliament of which kind the King may create more at his pleasure It is thought neverthelesse that there are yet Barons by writ as well as Barons by letters patents and that they may be discerned by their titles because the Barons by writare those that to the title of Lord have their own surnames annexed as Crompton North Norice c. whereas the Barons by letters patents are named by their Barronies These Barons which were first by writ may now justly also be called Barons by prescription for that they have continued Barons in themselves and their auncestors came beyond the memory of man The original of Barons by writ Master Camden in his Britaunia Pag. 109. in meo referreth to Henry the third Barons by letters patents or creation as I have heard among our Antiquaries were first created about the days of Henry the sixth the manner of whose creation read in Master Stows Annals pag. 1121. Of all these you may also read Mast Ferns glory of Generofity pa. 125. 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. dâ—â—â—pub Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by year or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour civill and militariy addeth a â—ird kind of baron calling them Barons by conure and those be the Bishops of the land all which by vertue of Baronies annexed to their Bishopricks have alwaies had place in the upper house of Parliament and are termed by the name of Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer be to the King of which the principal is called Lord chief Baron capitalis Baro and the three other for so many there be are his Assistants in causes of Justice between the King and his subjects touching causes appertaining to the Exchequer The Lord chief Baron at this day is the chief Judge of the Court and in matter of Law Information and Plea answereth the Barr and giveth order for judgement thereupon He alone in the Term time doth sit upon Nist prius that come out of the Kings Remembrancers office or out of the office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He taketh recognisancea for the Kings debts for appearances and observing of orders He taketh the presentation of all the officers in Court under himself and of the Maior of London and seeth the Kings Remembrancer to give them their oaths He taketh the declaration of certain receivers accounts of the lands of the late augmentation made before him by the Anditors of the Shires He giveth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chief Baron answereth the Barr in matters aforesaid he also taketh recognisances for the Kings debts apparences and observing of orders He giveth yearly the oath to the late Maior and Escheatour of London for the true account of the profits of his office He taketh a declaration of certain receivers accounts He also examineth the letters and sums of such Sheriffs forrain accounts as also the accounts of Escheatours and Collectours of subsidies and Fifteens as are brought unto him by the Auditors of the Court. The third Baron in the absence of the other two answereth the barr in matters aforesaid he also taketh recognisances as aforesaid He giveth yearly the oath of the late Major and Gawger of London for his true accounting He also taketh a declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him The fourth Baron is alwayes a
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
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
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
of S. Adrian and the Popes Legate here in England anno 15 Hen. 3. as appeareth by the award made between the said King and his Commons at Kenelworth his constitutions we have at this day in use OU Ouch anno 24 H. 8. cap. 13. Ouster le main Amovere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common Law a Iudgement given for him that tendeth a travers or sueth a Monstrance de droit or petition For when it appeareth upon the matter discussed that the King hath no right nor title to the thing he seised then Iudgement shall be given in the Chauncery that the Kings hands be amoved and thereupon Amoveas manum shall be awarded to the Escheator which is as much as if the judgement were given that hee shall have again his land v. Stawnf praerog ca. 24. See anno 28 Ed. 1. stat 3. ca. 19. it is also taken for the writ granted upon this petition Fitz. nat br fol. 256. C. It is written oter le maine anno 25 Hen. 8. cap. 22. Ouster le mer ultra mare cometh of the French oultre i. ultra and le mer i. mare and it is a cause of excuse or Essoin if a man appear not in Court uppon Summons See Essoin Out fangthief alids uifangthef is thus defined by Bracten lib. 3. tra 2. ca. 34. Vifangthef dicitur latro extraneus veniens aliunde de terra aliena qut captus fuit in terra ipsius qui tales habet libertaces but see Eritton otherwise fol. 91. b. It is compounded of three Saxon words out i. extra fang i. capto vel captus and Thef i. fur It is used in the common law for a liberty or a privilege whereby a Lord is inabled to call any man dwelling within his own fee and taken for felony in any other place and to judge him in his own Court. Rastals expos of words Oenliy of services is an equality when the Tenent paravail oweth as much to the mesn as the mesn doth to the Lord paramont Fitz. nat br folio 136. A. B. Outlawry utlagaria is the losse or deprivation of the benefit belonging to a subject that is of the Kings protection and the Realm Bractor lib. 3. tract 2. cap. 11. num pri nu 3. Forisfacit utlagatus omnia quae pacis sunt Quia à tempore quo utlagatus est caput gerit lupinum ita quòd ab â—mnibus intersici possit impunè maximè si se defenderit velfugerit ita quòd difficilis sit ejus captio nu 4. Si autem non fugerit necse defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outparters anno 9 H. 5. cap. 8. seemeth to be a kind of theeves in Ridesdall that ride abroad at their best advantage to fetch in such cattell or other things as they could light on without that liberty some are of opinion that those which in the fore-named Statute are termed out-parties are at this day called out-putters and are such as set matches for the robbing of any man or house as by discovering which way he rideth or goeth or where the house is weakest and fittest to be entered See Intakers Outryders seem to be none other but Bayliffs errants employed by the Sheriffs or their fermers to ride to the farthest places of their Counties or Hundreds with the more speed to summon to their County or Hundred Courts such as they thought good to work upon anno 14. Edw. 3. stat 1. ca. 9. OX Oxgang of land bovata terrae Six Oxgangs of land seem to be so much as six oxen will plough Cromptons Jurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lieth in gainour Old nat br fol. 117. M. Skene de verb. signif verbo Bovata terrae saith that an oxen gate of land should alway contain 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See Librata terrae OY Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our Law a Commission especially granted to certain men for the hearing and determining of one or more causes This was wont to be in use upon some sodain outrage or insurrection in any place Cromptons jurisd fol. 131 132. See The Statute of Westm 2. cap. 29. anno 13. Edv. 1. who might grant this commission And see Fitzherb nat br fol. 100. for the form and occasion of the writ as also to whom it is to be granted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordium is a petition made in Court that the Iudges for better proofs sake will be pleased to hear or look upon any Record P PA PAcking whites anno 1. R. 3. cap. 8. Pain fort dur paena fortis dura is in true French peine fort dure It signifieth in our common Law an especiall punishment for those that being arraigned of felony refuse to put themselves upon the ordinary try all of God and the Country and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded upon the Statute of Westm prim ca. 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parliament maketh no mention of it and Britton writeth after that time touching it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquit themselves let them be put to their penance untill such time as they doe desire tryall and let the penance be such viz. Let them be bare legged without girdle and without hat or cap in their coat only and lie in prison upon the naked earth day and night And let them eat no bread but of barly and brand nor drink any other than water and that upon that day when they cat not And let them be chained Stawnford in his said 60. chapter of his second book expoundeth it more plainly and particularly in this sort And note that this strong and hard pain shall be such sc He shall be sent back to the prison whence he came and layed in some lowe dark house where he shall lie naked upon the earth without any litter rushes or other cloathing and without any rayment about him but only something to cover his privie members And he shall lie upon his back with his head covered and his feet And one arme shall be drawn to one quarter of the house with a cord and the other arme to another quarter and in the same manner let it be done with his leggs and let there be laid upon his body iron and stone so much as he may bear or more and the next day following hee shall have
proferre est testimonium legalium hominum qui contractui inter eos habito interfuerint praesentes producere Fleta lib. 2. cap. 63. § Nullus And secta is used for a witnesse Idem lib. 4. cap. 16. § final Habes tamen sectam unam vel plures c. Secta ad justiciam faciendam is a service due for a mans fee to be persormed being by his fee bound thereunto Bracton lib. 2. cap. 16. num 6. Secta unica tantum facienda propluribus haereditatibus is a Writ that lyeth for that Heir that is distreined by the Lord to more sutes than one in respect of the Land of divers Heirs descended unto him Register original folio 177. a. Sectis non faciendis is a VVrit that lyeth for one in wardship to be delivered of all sutes of Court during his wardship Register origin fol. 173. b. See other use of this writ eodem fol. 174. touching women that for their Dower ought not to perform sure of Court Secunda superoneratione pasturae is a writ that lyeth where measurement of pasture hath been made and he that first surcharged the common doth again furcharge it the measurement notwithstanding Register original fo 157. Old nat br fol. 73. Secundarie secundarius is the name of an Officer next unto the chief Officer as the Secundary of the fine Office the Secundary of the Counter which is as I take it next to the Shyreeve in London in each of the two Counters Secundary of the Office of the privy seal anno 1 Ed. 4. cap. 1. Secundaries of the Pipe two Secundary to the remembrancers two which be Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quòd se non divertat ad partes exteras sine licentia Regis is a writ that lyeth for the King against any of his subjects to stay them from going out of his Kingdom The ground whereof is this that every man is bound to serve and defend the Common-wealth as the King shall think meet Fitz. nat br fol. 85. Securitate pacis is a writ that lyeth for one who is threatened death or danger against him that threateneth taken out of the Chancery to the Shyreeve whereof the form and farder use you may see in the Register orig fo 88. b. and Fitz. nat brev fo 79. Se defendendo is a plee for him that is charged with the death of another saying that he was driven unto that which he did in his own defence the other so assaulting him that if he had not done as he did he must have been in peril of his own life Which danger ought to be so great as that it appear inevitable As Stawnford saith in his plees of the Crown lib. 1. cap. 7. And if he do justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chanceller and forfeiteth his goods to the King As the said Author saith in the same place Seignior Dominus is borrowed of the French seigneur It signifieth in the general signification as much as Lord but particularly it is used for the Lord of the see or of a Mannor even as Dominus or senior among the Feudists is he who granteth a fee or benefit out of the Land to another And the reason is as Hotoman saith because having granted the use and profit of the land to another yet the property i. Dominium he still reteineth in himself See Hotoman in verbis Feudal verbo Dominus Senior Seignior in grosse seemeth to be he that is Lord but of no mannor and therefore can keep no Court. Fitz. nat br fol. 3. b. See Signorie Seignourage anno 9 H. 5. stat 2. cap. 1. seemeth to be a regality or Prerogative of the King whereby he challengeth allowance of gold and silver brought in the Masse to his Exchange for coyn Seignorie Dominium is borrowed of the French seigneury i. ditio dominatus Imperium principatus potentatus It signifieth peculiarly with us a Manor or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the Title of him that is not Lord by means of any Manor but immediately in his own person as Tenure in capite whereby one holdeth of the King as of his Crown is seignorie in grosse because it is held of the King for the time being and not of the King as of any honour manor c. Kitchtn fol. 206. See Seignior Seisin seisina is borrowed of the French seisine i. possessio and so it signifieth in our Common law and to seise is to take possession Primier seisin prima seisina is the first possession See Primier seisin Of the French word seisir is made a Latine seisire used by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Civilians Guido Pap. singulo 865. Seisire est etiam possessionem tradere Tiraquellas in Tractatu Le mort saisit le vif pag. 53. num 3. Seisin with our Common Lawyers is two fold seisin in fact and seisin in Law Perkins Dower 369.370 Seisin in fact is when a corporal possession is taken seisin in Law is when something is done which the Law accounteth a seisin as an Inrollment Seisin in Law is as much as a right to Lands and Tenements though the Owner be by wrong disseised of them Perkins Tenent per le courtesie 457.478 And it seemeth by Ingham that he who hath had an hours possession quietly taken hath seisin de droit de claim whereof no man may disseise him by his own force or subtilty but must be driven to his action § Bref de novel disseisin Sir Edward Cook lib. 4. calleth it seisin in Law or seisin actual fol. 9. a. The Civilians call the one civilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a Writ that lyeth for delivety of seisin to the Lord of his Land or Tenements that formerly was couvicted of felony after the King in the right of his Prerogative hath had the year day and waste Reg. orig fol. 165. a. Selion selio is borowed of the French sello i. terra elata inter duos sulcos in Latine Porca in English a Ridge or land It signifieth even so with us also and is of no certain quantity but sometime containeth half an Acre sometime more and sometime less West parte 2. symbol titulo Recovery sect 3. Therefore Crompton in his jurisdictions fol. 221. saith that a selion of Land cannot be in demand because it is a thing uncertain Seneshall senescallus is a French word but borrowed from Germany being as Tilius saith compounded of Scal i. servus aut officialis and Gesnid i. familia we English it a Steward As the high Seneshall or Steward of England pl. cor fo 152. High Seneshall or steward and South Seneshall or Understeward Kitchin fol. 83. is understood for a steward or understeward
in this signification is it borrowed from the Feudists with whom Investitura signifieth a delivery of possession by a spear or staff and vestura possession it self Hotomon in verbis feudal verbo Investura Vesture of an acre of land anno 14 Ed. prim stat prim is the profit of it anno 13 Edw. 1. cap. 25. VI Vice-treasurer of the Exchequer 1 Jacob. 26. See Under-treasurer of England See Treasurer of the Exchequer View of frank pledge visus Franci plegii is the office which the Sheriff in his County Court or the Bayliffin his Hundred performeth in looking to the Kings peace and seeing that every Free-man be in some pledge This is called of Bracton lib. 2. cap. 5. nu 7. in fine Res quasi saora quia solam personam Regis respicit quod introductus sit pro pace et communi utilitate eodem cap. 16. num 8. in fine See frankpledge and Leet and Deceâ—nier See the new book of Entries verb. view of frankpledge Veiours visores commeth of the French Veoyer i. cernere intueri despicere prospicere videre and signifieth in our Common law those that are sent by the Court to take view of any place in question for the better decision of the right Old nat br fol. 112. So doth Bracton use it lib. 5. tract 3. cap. 8. per totum It signifieth also those that are sent to view such as essoin themselves de malo lecti whether they be in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. et cap. 14. per â—totum Lastly it is used for those that are sent or appointed to view an offence as a man murdered or a Virgin ravished See View Vicario deliberando occasione cujusdam Recoguitionis c. is a writ that lyeth for a spiritual person imprisoned upon forfeiture of a Recognisance without the Kings writ Reg. orig fol. 147. See statuto mercatorio contra personam ecclesiasticam Viois et venellis mundandis is a writ that lyeth for a Maior and Bayliffs of a Town c. For the clean keeping of their streets Regist orig fol. 267. b. View visus commeth of the French veve i. visus aspectus conspectus prospectus and signifieth with us the act of viewers For as the Author of the Terms of Law saith when any action real is brought and the Tenent knoweth not well what land it is that the Defendent asketh then he may pray the view that is to say that he may see the land which is claimed of this Briton speaketh ca. 45. This point of proceeding we have received from the Normans as it appeareth by the Grand customary cap. 66. where you shall read to this effect It is to be known that there be divers sorts of views one of a fee another of a man in sicknesse another of an offence as of a man slain or a Virgin deflowred all which he describeth in that place and again cap. 80 et 96. which are worth the reading this view at this day is used in an Assise of rent service rent charge or rent seck Fitzh nat br fol. 178. D. and in a writ de Curia claudenda Idem fol. 128. B. In a writ of Nusance Idem fol. 183. L. N. O. In a writ Quo jure Idem fol. 128. L. In the writ de rationalibus divisis Idem fol. 129. D. And in the writ de secta ad molendinum Idem fol. 123. B. See the new book of Entries verb. View and see Fleta how this view is made lib. 4. cap. 6. See Veiours Vicechamberlain called underchamberlain anno 13 R. 2. stat 2. cap. 1. is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlement of all Officers superior and inferior whatsoever appertaining to that part of his Majesties houshold which is called the Chamber wherein is included as well the Bed-chamber as the Privy-chamber the Presence and the great Chamber and all other Rooms as Galleries c. thereto belonging with the Councell-chamber Privy Closet c. And in the Lord Chamberlains absence he keepeth his Table in the great Chamber commanding and overseeing the attendance of all to whom it appertainesh to be ready and waiting on his Majesty going to the Chapel or to speak with Ambassadors or else walking or riding forth Vicount alias Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with us as much as Sheriff Between which two words I find no other difference but that the one commeth from our Conquerors the Normans and the other from our Ancustors the Saxons wherefore see more of this in Shyreeve Vicount also signifieth a degree of Nobility next unto an Earl which as M. Camden Britan. pag. 70. saith is an old name of office but a new one of dignity never heard of amongst us untill Henry the sixth his daies But this degree of honor is more antient far in other Countries Casson in gloria mundi parte 5. consid 55. whom you may read Vicountiel is an Adjective made of Vicountie and signifieth as much as belonging to the Vicount as Writs Vicountial are such Writs as are triable in the County or Sheriffs Court Old nat br fol. 109. Of this kind you may see divers Writs of Nusance set down by Fitzherberi in his Nat. br fol. 184. b. There be also certain ferms called Vicountiels which the Sheriff for his time payeth a certain rent for to the King and maketh what profit he can of them See the Statute anno 33 34 H. 8. cap. 16. anno 2 et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite secund Vi laica removenda is a writ that lyeth for the removing of forcible possession of a benefice kept by lay men And this writ is granted some time upon the Certificate of the Bishop into the Chancery that there is such a force in his Dioces some time upon a surmise made thereof by the Incumbent himself without the Certificate of the Bishop and hath a several form for either case Fitzh nat br fol. 54. Register origin fol. 59. 60. Villanis Regis subtractis reducendis is a writ that lyeth for the bringing back of the Kings bondmen that have been carried away by others out of his Manors whereto they belonged Registor origin folio 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our Common law a bondman or as much as Servus among the Civilians Of these there be two sorts in England as Sir Thomas Smith saith in his Repub Anglo lib. 3. cap. 8. one termed a villein in grosse which is immediately bound to the persons of his Lord and his heirs the other a villein regardant to a Manor whom the Civilians term glebae aseriptitium being bound to their Lord as members belonging and annexed to such a manor whereof the Lord is owner This division is
which doctrine Fitzherbert in his Natura brevium fol. 112. E. extendeth thus far that if any of the goods be cast upon the dry Land by any in the ship it is no wreck subject to the Prerogative for by this some of the Ship are presumed to come to land and still to have a custody of the goods Cook ubi supra This in the Grand Customary of Normanny cap. 17. is called varech and latined veriscum where it appeareth that the like law to ours was in Normandy almost in all points But some sorts of their precious Merchandise do by their law appertain to the Duke by his Prerogative though a just challenge of the goods be made within the year and day The Emperors of Rome made no advantage of this pitifull event as appeareth titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some remorse of poor sea-mens miseries in this case For he quietum clam evit wreck suis subditis Rog. Hoveden parte poster suerum annâ—l fol. 386. Of this M. Skene de verb. siguif speaketh to this effect wreck signifieth a power liberty and prerogative appertaining to the King or to any person to whom the same is granted by him by feoffment or any other disposition to take up and gain such goods as are ship-broken or fall to him by escheat of the sea Writ breve is that with our Common Lawyers in Sir Thomas Smiths judgement lib. 2. de Repub. Anglorum ca. 9. which the Civilians call Actionem sive formulam But I am rather of his judgement that hath added the marginal note unto him saying that Actio is the parties whole sute and that Breve is the Kings precept whereby any thing is commanded to be done touching the sute or action as the Defendant or Tenent to be summoned a distresse to be taken a disseisin to be redressed c. And these writs are diversly divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original writs be those that are sent out for the summoning of the Defendant in a personal or Tenent in a real action or other like purpose before the sute beginneth or to begin the sute thereby Those be judicial that be sent out by order of the Court where the cause dependeth upon occasion growing after sute begun Old nat brev fol. 51. And Iudicial is thus by one sign known from the Original because the Teste beareth the name of the Chief Iustice of that Court whence it commeth where the Original beareth in the Teste the name of the Prince Then according to the nature of the action they be personal or real and real be either touching the possession called writs of Entry or the property called writs of right Fitz. nat br sparsim per totum Some writs be at the sute of a party some of office Old nat br fol. 147. Some ordinary some of privilege A writ of privilege is that which a privileged person bringeth to the Court for his exemption by reason of some privilege See Procedendo See the new book of Entries verbo Privilegt See Brief Writ of Rebellton See Commission of Rebellion Writer of the Tallies Scriptor talliarum is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writeth upon the Tallies the whole letfers of the Tellers bills Y. YA YArd lands Virgata terrae is a quantity of land called by this name of the Saxon Gyrdlander but not so certain a quantity as that it is all one in all places For in some Countries it containeth 20 acres in some 24. in some 30. as M. Lamberd saith in his explication of Saxon words verbo virgata terrae This Yard land Bracton calleth virgatam terrae lib. 2. cap. 10. et 37. but he expresseth no certainty what it containeth YE Year and day annus et dies is a time thought in construction of our Common law fit in many cases to determine a right in one and to work an usucapion or prescrition in another As in a case of an estray if the owner Proclamations being made chalenge it not within that time it is forfeit So is the year and day given in case of appeal in case of descent after entry or claim of no claim upon a fine or writ of right at the Common law so of a villein remaining in antient demean of the death of a man sore bruised or wounded of Protections Essoins in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the Civil Law Nam si mortiferè fuerit vulneratus et posteà post longum intervallum mortuus fit inde annum numerabimus secundum Iulianum l. ait lex n. ad legem Aquiâ— Year day and wasto annus dies et vastum is a part of the Kings Prerogative whereby he challengeth the profits of their lands and tenements for a year and a day that are attainted of petit treason or felony whosoever be Lord of the Manor whereunto the lands or tenements do belong and not only so but in the end wasteth the tenement destroyeth the houses rooteth up the woods gardens pasture and ploweth up meadows except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee wherof you may read at large Siawnf prarog cap. 16. fol. 44. et seq YO Yoman seemeth to be one word made by contraction of two Danish words young men which I gather out of Canutus Charter of the Forest set out out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend â—uncupant Dani vero yong men vecaut locati qui curam et onus tum viâ—idâ—s tum veneris suscipiant These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Iugenuos whose opinion the Statute affirmeth anno 6 R. 2. cap. 4 Whereunto adde the Statute anno 20. ejusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our Laws call legalem hominem which as he saith is in English a â—ee man born that may dispend of his own free land in yearly revenue to the sum of 40 shillings sterling Of these he writeth a good large discourse touching their estate and use in this Common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch Yonger yea or not which in the Low-countries signifieth a mean Gentleman or a gay fellow but he that hath added the marginal notes to that book seemeth to draw it from the Saxons Geman which signifieth a maried man M. Verstegan in his restitution of decayed intelligence cap. 10. writeth that Gemen among the antient Teutonicks and Germein among the modern signifieth as much as common and that the first Letter G. is in this word as in many others turned into Y. and so writeth Yemen and that therefore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place between the Sergeant and the Groom as Yoman of the Chaundry and Yoman of the Scullery an 33 Hen. 8. cap. 12. Yoman of the Crown anno 3 Ed. 4. cap. 5. anno 22 ejusdem cap. 1. anno 4 H. 7. cap. 7. This word Yongmen is used for Yomen in the Statute anno 33 H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS