barrs laide crosse waies one ouer another so that a man may see through them in and out And it is to be thought that iudgement seates in ould time were compassed in with those barres being founde most necessary to defend the iudges and other officers from the presse of the multitude and and yet neuer the more to hinder any mans view that had a desire or cause to obserue what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in court grapharios sc qui conscribendis excipiendis iudicum actis dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not onely in other kingdomes but in ours also is giuen to him that is the cheife man for mater of iustice in priuate causes especially next vnto the prince For whereas all other Iustices in our common wealth are tied to the lawe and may not swerue from it in iudgement the Chanceler hath in this the kings absolute power to moderate and temper the written lawe and subiecteth himselfe onely to the lawe of nature and conscience ordering all things iuxta aequum bonum And therefore Stawnford in his Prerogatiue ca. 20. fo 65. saith that the Chanceler hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must obserue the forme of proceeding as other ordinarie Iudges yet that in his absolute power he is not limited by the written law but by conscience and equitie according to the circumstances of the mater in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conqueror Instituit item Scribarum Collegium qui diplomata scriberent eius Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habetur And see Fleta lib. 2. cap. 13. This high Officer seemeth to be derived from Fraunce vnto vs as many other Officers and vsages be For of this thus writeth Boërius in his Tractate De authoritat Magni Concilii num 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum iudicii tribunal hoc in regno sub Principe tamen nostro moderanti sigillumque authenticum quo sine publicis pateÌtibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Iusticiarii quocunque nomine nuncupentur ac quavis authoritate fungantur eâ inferiores sunt Et meritò Succedit enim in quaestoris locum c. He that beareth this magistracie is called the Chanceler of England anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power Note farder that diuers inferior Officers are called Chancelers as Chanceler of the Exchequer an 25. H. 8. cap. 16. whose office hath bene thought by many to haue bene created for the qualifying of extremities in the Exchequer He sitteth in the court and in the Exchequer chamber and with the rest of the court ordereth things to the kings best benefit he is alwaies in coÌmission with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes and hath by priuie seale from the king power with others to compound for forfeitures of bonds and forfeitures vpon penall statutes He hath also much to doe in the reuenue come by the dissolution and first fruites as appeareth by the acts of vniting them to the Crowne Chanceler of the Duchie of LaÌcaster anno 3. Ed 6. cap. 1. an 5. eiusdem cap. 26. whose office is principall in that court to iudge and determine all controuersies betweene the king and his tenents of the Duchie land and otherwise to direct all the kings affaires belonging to that court Chanceler of the Order 1. of the Garter Stowes annals pag. 706. Chanceler of the Vniversity anno 9. H. 5. cap. 8. anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations anno 27. H. 8. cap. 27. anno 32. eiusdem cap. 20. anno 33. eiusd cap. 39. Chaunceler of the first fruites anno 32. H. 8. cap. 45. Chaunceler of courts anno 32. H. 8. cap. 28. Chaunceler of the Diocesse anno 32. H. 8. cap. 15. Chancerie cancellaria is the court of equitie and conscience moderating the rigour of other courtes that are more streightly tyed to the leter of the lawe whereof the Lord Chancelor of England is the chiefe Iudge Cromptons iurisd fol. 41. or else the Lord Keeper of the great Seale sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler as M. Camden noteth in his Britannia pag. 114. in meo The Officers belonging to this court are as is abouesaid the Lord Chaunceler or Keeper of the broade Seale twelue Masters of the Chancerie whereof the Master of the rolles is one and the chiefe the sixe Clerkes the Examiners a Sergeant at armes the Marshall and cryer of the court the clerks of the courts otherwise called Courseters the clerkes of the petie bagge the clerke of the crowne the clerk of the hanaper the protonotary or register the controller of the hanaper the clerk of appeales the sealer the ch ãâ¦ã axe the clerke of the facult ãâ¦ã the clerk of the patents clerk of the starre chamber clerk of presentations clerk of dismissions clerk of licenses to alienate clerkes of the enrolments clerk of the protections clerk of the court of wards clerk of the sub penaes which see described in their places Chapell capella commeth of the French chapelle i. aedicula and is of 2. sorts either adioining to a Church as a parcel of the same which men of worth doe build vt ibidem familiaria sepulchra sibi constituant to the vse of the Romans l. 5. Î . de religio or els separate from the mother church where the parish is wide and is commonly called a chappell of case because it is builded for the case of one or more parishioners that dwell ouer farre from the Church and is serued by some inferiour curate prouided at the charge of the rector or of them that haue benifite by it as the composition or custome is Whence the word is deriued the Canonists differ in opinion Rebuffus de pacif posses nu 104. saying that some take it à capiendo laicot others à capra because it representeth those cotages which men were wont to couer ouer with goates skins Petrus Gregorius in suo syntagma te li. 15. ca. 29. hath these words of this thing Capellanus à capellania capella cui praeficitur nominatur item ab officio seu beneficio capellania Capella aliquibus dicta quasi capiens ãâã ãâã ãâã ãâã ãâã seu populos vel capiens laudem vel secundùm praepositum a cappa Diui Martint aut a
the rols to euerie officer and the receiuing of them againe when they be written and the binding and making vp of the whole bundels of euerie terme and this he doth as seruant to the cheife Iustice For the cheife Iustice is at charge for all the parchemeÌt of all the rols Clerk of the outlawries clericus vtlagariarum is an officer belonging to the court of common plees being onely the seruant or deputie to the kings atturney generall for making out the writs of capias vtlagatum after outlawrie And the kings atturneis name is to euerie one of those writs And whereas seuen pence is paide for the seale of everie other writ betwixt partie party there is but a peny paid for the seale of this writ because it goeth our at the Kings suite Clerk of the sewers clericus sucraerum is an officer apperteining to the commissioners of sewers writing all things that they doe by vertue of their coÌmission for the which See Sewers and see the statute anno 13. Elizabe ca. 9. Clerk controller of the kings house whereof there be two is an officer in court that hath place and seate in the compting house and authoritie to allow or disallow the charges and demands of pursuivants or messengers of the greene cloth purveiours or other like He hath also the ouer-sight and controlling of all defaults defects and miscariages of any the inferiour officers and to sit in the counting house with the superiour officers viz. the L. Steward treasurer controller and coferer either for correcting or bettering things out of order and also for bringing in country provision requisite for the Kings houshold and the censure for fayling of cariages and carts warned charged for that purpose This officer you haue mentioned anno 33. H. 8. ca. 12. Clerk of the Nihils clericus nihilorum is an officer in the Exchequer that maketh a rolle of all such summes as are nihiled by the shyreeues vpon their estreats of greene waxe and dilivereth the same into the Lord treasurers remembrancer his office to haue execution done vpon it for the king Clerk of the check is an officer in court so called because he hath the check and controlment of the yeomen of the gard and all other ordinary yeomen and huissiers belonging either to his maiesty the Queene or Prince either giuing leaue or allowing their absences or defects in attendance or deminishing their wages for the same He also nightly by himselfe or depute taketh the view of those that are to watch in the court and hath the setting of the watch This officer is mentioned anno 33. H. 8. ca. 12. Clerk marshiall of the kings house seemeth to be an officer that attendeth the marshiall in his court and recordeth all his proceedings anno 33. H. 8. cap. 12. Clothe of raye anno 27. Ed. 3. sta 1. cap. 4. Closhe is an vnlawfull game forbidden by the statute anno 17. Ed. 4. cap. 3. which is casting of a bowle at nine pinnes of wood or nine shanke bones of an oxe or horse Clove is the 32. part of a weigh of cheese i. 8. pound anno 9. H. 6. cap. 8. Cloues caryophylli are a spice knowne by sight to euery man They be flowers of a tree called caryophyllus gathered and hardened by the Sunne Of their nature you may reade in Gerards Herball lib. 3. cap. 144. This is coÌprised among such spices as be to be garbled anno 1. Iacob cap. 19. Cocket cokettum is a seale appertaining to the kings custome house Regist orig fol. 192. a. also ascrow of parchement sealed and deliuered by the officers of the custome house to merchants as a warrant that their merchandize be customed anno 11. H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist vbi supra fol. 179. a. So is the word vsed anno 5. 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat 1. cap. 21. This word is also vsed for a distinction of bread in the statutes of bread ale made anno 51. H. 3. where you haue mention of bread coket wastell bread bread of trete and bread of common wheate Coferer of the Kings houshold is a principal officer of his Maiesties court next vnder the Controller that in the counting house and elsewhere at other times hath a speciall charge and ouersight of other officers of the houshold for their good demeanure and cariage in their offices to all which one and other being either Sergeants YeomeÌ groomes pages or children of the kitchin or any other in any roome of his Maiesties seruants of houshold and payeth their wages This officer is mentioned anno 39. Elixab cap. 7. Cogs anno 23. H. 8. cap. 18. Conisour of a fine is he that passeth or acknowledgeth a fine in lands or tenemeÌts to another Cogniseâ is he to whom the fine is acknowledged West parte 2. symbol titulo Fines sect 2. Cognizance commeth from the French cognisance i. intelligentia intellectus notio cognitio with vs it is vsed diuersly some time signifying a badge of a seruingmans sleeue whereby he is discerned to belong to this or that Noble or Gentleman somtime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3. 20. 32. cognoscere se ad villanum Idem lib. 4. tractat 3. cap. 16. As also to make cognisance of taking a distresse somtime as an audience or hearing of a mater iudicially as to take cognisance sometime a power or iurisdiction as cognisance of plee is an habilitie to call a cause or plee out of another court which no man can doe but the king except he can shew charter for it Manwood parte 1. Of his Forest lawes pag. 68. See the new tearmes of the lawe and the new booke of Entries verbo Conusance Cognatione See Cosenage Cognisour see Conisour Cognitionibus mittendis is a writ to a Iustice or other that hath power to take a fine who hauing taken knowledgement of a fine deferreth to certifie it into the court of common plees commanding him to certifie it Regist orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin i. angulus which probably verifieth the opinion of such as doe hould the auncientest sort of coyne to be cornered and not round Of this Lawyers substantiue cuna commeth the Lawyers verbe cunare i. to coyne Cromptons Iustice of peace fol. 220. Coliander seede or rather Coriander seede Semen coriandri is the seede of an herbe so called medicinable and wholesome for diuers good purposes which see in Gerards Herball lib. 2. cap. 3. 79. It is numbred among the drugges that be to be garbled anno 1. Iacob cap. 19. Collaterall collateralis commeth of the Latine laterale i. that which hangeth by the side Lateralia viatoria Î . de lega fideium tertio l. 102. seeme to signifie a budget or capcase to hang by a saddle pomel Collaterall
Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌt of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to âdoe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌmodities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌt of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
Librata terrae Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our lawe a commission especially graunted to certaine men for the hearing and determining of one or more causes This was wont to be in vse vpon some sodaine outrage or insurrection in any place Cromptons Iurisd fol. 131. 132. See The Statute of Westm 2. cap. 29 anno 13. Ed. 1. who might graunt this commission And see Fitzh nat br fol. 100. for the forme and occasion of the writ as also to whom it is to bee graunted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordum is a petition made in court that the Iudges for beter proofes sake will be pleased to heare or looke vpon any Record P PAcking whites anno 1. R. 3. cap. 8. Pain fort dure poena fortis dura is in true French peine fort dure It signifieth in our common lawe an especiall punishment for those that being arraigned of felonie refuse to put themselues vpon the ordinarie triall of God and the cuntrey and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded vpon the Statute of Westm prim cap 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parlament maketh no mention of it and Britton writing after that time toucheth it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquite themselues let them be put to their penance vntill such time as they do desire triall and let the penance bee such viz. Let them be bare legged without girdle and without hatte or cappe in their coate onely and lye in prison vpon the naked earth day and night And let them eate no bread but of barley and branne nor drink any other then water and that vpon that day when they eate not And let them be chained Stawnford in his said 60. chapter of his second booke expoundeth it more plainely and particularly in this sort And note that this strong and hard paine shall be such sc He shall be sent backe to the prison whence he came and layed in some lowe darke house where he shall lye naked vpon the earth without any litter rushes or other clothing and without any raiment about him but onely something to couer his priuie members And he shall lye vpon his backe with his head couered and his feete And one arme shall bee drawne to one quarter of the house with a cord and the other arme to another quarter and in the same maner let it be done with his legges and let there be layed vpon his body iron and stone so much as he may beare or more and the next day following he shall haue three morsels of barley bread without drinke and the second day he shall haue drinke three times and as much at each time as he can drinke of the water next vnto the prison doore except it be running water without any bread And this shall be his diet vntill he dye Palatine See County Palatine See Cassan de consuetud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum commeth of the French panne i. pellis or paneau a peece or pane as wee call it in English It signifieth in our common lawe a shedule or rolle containing the names of such Iurours as the Shyreeue prouideth to passe vpon any triall Register orig fol. 223. a. Kitthin fol. 266. See Broke hoc titulo And thereupon the empaneling of a Iurie is nothing but the entring of them into the Shyreeues rolle or booke Pannage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Paramounte aliâs peremounte commeth of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenent to a Lord that houldeth ouer of another Lord. And the former of those is called Lord Mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 209 consisteth only in comparison as one man may be great being compared with a lesser and litle being compared with a greater and as Genus among the Logicians may be in diuers respects both genus and species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is patron paramount to all the benefices in England Doctor and student ca. 36. See Parauaile Maner and Fee Parauaile aliâs Perauaile is compounded of two French words par i. per and aualler i. dimittere demittere It signifieth in our common law the lowest tenent or him that is tenent to one who houldeth his fee ouer of another So is it vsed pl. cor fol. 197. and Fitzh nat br fol. 135. M. See Paramounte See Mesn Parcell makers are two officers in the eschequer that make the parcels of the escheators accoumpts wherein they charge them with euery thing they haue leuyed for the kings vse within the time of their office deliuer the same to one of the auditors of the court to make an accompt for the escheatour thereof Parceners See Coparceners Parcinarie participatio commeth of the French partir i. diuiduum facere It signifieth in our common law a houlding or occupying of land by more pro indiviso or by ioynt tenents otherwise called Coparceners of the French parsonnier i. partiarius particeps For if they refuse to diuide their common inheritance and chuse rather to hold it ioyntly they are said to hold in parcinarie Litleton fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the auncient Romanes particulones sic enim authore Nonio a veteribus cohaeredes inter se dicebantur quòd partes invicem facerent Spigelius Pardon Perdouatio is a French word signifiing as much as pax venia gratia It is vsed most notoriously in our common lawe for the remitting or forgiuing of a felonious or other offence committed against the king This pardon is two-fold one ex gratia Regis the other per cours del ley by course of law Stawns pl. cor fol. 47. Pardon ex gratia Regis is that which the king in some speciall regard of the person or other circumstance sheweth or affoordeth vpon his absolute prerogatiue or power Pardon by course of lawe is that which the lawe in equitie affoordeth for a light offence as homicide casuall when one killeth a man hauing no such meaning West parte 2. symbol titulo Inditements sect 46. Of this see the new booke of Entries verbo Perdon Pardoners anno 22. H. 8. c. 12. were certaine fellowes that caried about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report in censed the people of Germany in his
Princes especially purposed But of this reade Sir Thomas Smith lib. 3. de Rep. Angl. cap. 9. Some later statutes doe cast this punishment vpon other offenders as namely the statute anno 1. El. cap. primo vpon him that denieth the Kings supremacie the second time c. and the statue anno 13. El. ca. 2. vpon him that affirmeth the authoritie of the Pope or that refuseth to take the oathe of supremacie and the statute anno 13. El. cap. 1. fuch as be seditious talkers of the inheritance of the Crowne or affirme the Queenes Maiestie to be an heritique And the word is applied most commonly to the punishment first ordeined by the statutes before mentioned for such as transgressed them but in later times imposed vpon other offences for that where it is saide that any man for an offence committed shall incurre a premunire it is meant that he shall incurre the same punishment which is inflicted against those that trangresse the statute made anno 16. R. 2. ca. 5. which is commonly called the statute of premunire which kinde of reference is not vnusuall in our statutes Cor example I shew onely the statute anno 5. El. ca. 5. where it is inacted that if any man preach or teach by wrighting that the coÌmon Counsell of the Realme doe by that statute forbid flesh to be eaten as of necessitie for the sauing of mans soule that he shall for such preaching c. be punished as they be which be spredders of false newes hauing reference thereby to those statutes which conteine the punishment of such offenders Now touching the Etymologie of this word Praemunire some thinke it proceedeth from the strength giuen to the Crown by the former statutes against the vsurpation of forein and vnnaturall power which opinion may receiue some ground from the statute anno 25. Ed. 3. stat 6. cap. pri But other thinke it to grow from the verb Praemonere being barbarously turned into Praemunire which corruption is taken from the rude Interpreters of the Ciuile and Canon lawes who indeede doe vse the effect Praemunire many times for the efficient cause Praemonere according to our prouerb He that is well warned is halfe armed And of this I gather reason from the forme of the writ which is thus conceiued in the old nat br fol. 143. Praemunire facias praefatum praepositum I. R. procuratorem c. quod tune sint coram nobis c. for these words can be referred to none but parties charged with the offence Praepositus villae is vsed sometime for the Constable of a town or petit Constable Cromptons Iurisdict fol. 205. how be it the same author fol. 194. seemeth to apply it otherwise for there quatuor homines praepositi be those 4. men that for euery towne must appeare before the Iustices of the Forest in their Circuit It is vsed sometime for a Reeve See Reeve Praerogatiue of the King praeregatiua regis is that especiall power preeminence or priuiledge that the King hath in any kinde ouer and aboue other persons and aboue the ordinarie course of the common lawe in the right of his crowne And this word Praerogatiua is vsed by the Ciuilians in the same sense l. Rescriptum 6. § 4. Î . de hono muner But that priviledge that the Roman Emperour had aboue common persons they for the most part comprised sub iurefisci Î . de iure fisct per totum tit Co. li. 10. tit 1. Among the Feudists this is termed ius regalium ius regaliorum vel a nonnullis ius regaliarum But as the Feudists sub iure regalium soe our lawyers sub praerogatiua regis doe comprise also all that absolute heighth of power that the Ciuilians call maiestatem vel potestatem vel ius imperii subiect only to god which regalia the Feudists diuide into two sorts maiora sc minora regalia for to vse their owne words Quaedam regalia dignitatem praerogatiuam imperii praeemmentiam spectant quaedam verò ad vtilitatem commodum pecuniarium immediatè attinent haec proprièfiscalia sunt ad ius fisci pertinent Peregri de iure fisci li. pri cap. 1. nu 9. See also Arnoldus Clapmarius de arcanis Imperii lib. pri cap. 11. seqq who seemeth to make difference betwene maiestatem ius regalioruÌ Others also make those maiora regalia that appertaine to the dignitie of the prince and those minora which inrich his cofers Regnerus Sixtinus de iure rega cap. 2. By this it appeareth that the statute of the Kings prerogatue made an 17. Ed. 2. conteineth not the summe of the Kings whole prerogatiue but onely so much thereof as concernes the profit of his cofers growing by vertue of his regall power and crowne for it is more then manifest that his prerogatiue reacheth much farder yea euen in the maters of his profit which that statute especially consisteth of For example it is the kings prerogatiue to graunt protection vnto his debtours against other creditours vntill himselfe be satisfied Fitzh nat br fol. 28. B. to distreine for the whole rent vpon one tenent that hath not the whole land Idem fol. 235. A. to require the auncesters debt of the heire though not especially bound Brit. cap. 28. fo 65. b. to seise vpon money paid by his deptour into a court for the satisfaction of an executor Plowden fol. 322. a. to permit his deptours to siew for their debts by a Quo minus in the exchequer Perkins Grawnts 5. to be first paid by one that oweth money both to him and others Dyer fol. 67. nu 20. to take the lands of accountants into his hands for his own satisfaction Plowd casu Almes fol. 321. 322. to take his action of accoumpt against executors eodem fol. 320. not to be tied to the demaund of his rent Coke li. 4. fo 73. a. Now for those regalities which are of the higher nature all being within the compas of his prerogatiue and iustly to be comprised vnder that title there is not one that belonged to the most absolute prince in the world which doth not also belong to our king except the custome of the nations so differ as indeede they doe that one thing be in the one accompted a regalitie that in another is none Onely by the custome of this kingdome he maketh no lawes without the consent of the 3. estates though he may quash any lawe concluded of by them And whether his power of making lawes be restreined de necessitate or of a godly and commendable policy not to be altered without great perill I leaue to the iudgement of wisermen But I hold it incontrowlable that the king of England is an absolute king And all learned politicians doe range the power of making lawes inter insignia summae absolutae potestatis Maiora autem regalia sunt haec clausula plenitudinis potestatis ex ea aliquid statuere leges condere ac eas omnibus singulis
THE INTERPRETER OR BOOKE CONTAINING the Signification of Words Wherein is set foorth the true meaning of all or the most part of such Words and Termes as are mentioned in the Lawe VVriters or Statutes of this victorious and renowned Kingdome requiring any Exposition or Interpretation A Worke not onely profitable but necessary for such as desire throughly to be instructed in the knowledge of our Lawes Statutes or other Antiquities Collected by IOHN COWELL Doctor and the Kings Maiesties Professour of the Ciuill Law in the Vniuersitie of Cambridge In Legum obscuritate captio HINC LVCEM ET POCVLA SACRA ALMA MATER CANTABRIGA AT CAMBRIDGE Printed by IOHN LEGATE Anno 1607. Collegium Iesu Cantabrigiense 1700 To the most reuerend Father in God his especiall good Lord the Lord Archbishop of Canterburie Primate and Metropolitan of all England and one of his Malesties most Honourable Priuy Councell AFTER long deliberation I hardly induced my selfe to craue your gracious protection toward this simple worke valewing it at so lowe a price as I thinke it hardly woorth the respect of any graue man much lesse the fauourable aspect of so honorable a personage Yet the remembrance of those your fatherly prouocations whereby at my comming to your Grace from the Vniuersitie you first put me vpon these studies at the last by a kind of necessitie inforced me to this attempt because I could not see how well to auoide it but by aduenturing the hatefull note of vnthankfulnesse For I cannot without dissimulation but confesse my selfe perswaded that this poore Pamphlet may proue profitable to the young Students of both Lawes to whose aduancement that way I haue of late addicted mine indeuours else were I more then madde to offer it to the world and to offer it without mention of him that by occasioning of this good more or lesse deserueth the prime thankes were to proue my selfe vnworthie of so graue advice And therefore howsoeuer I accompt this too much boldnesse in respect of the subiect yet could I be exceedingly glad it might please your Grace to ascribe mine intention to the integrity of my duty For he that meaneth truly wel cannot perform much must needes reioyce at the good acceptance of that litle which he âerformeth All I craue for ãâã at your Graces hands is patience and pardon for this enterprise with the continuance of those your many fauours that hitherto to inygreat comfort I haue enioyed And so my long obseruation of your iudicious disposition hauing caught me what small delight you take in affected complements and verball commendation without more words in all true humblenes I beseech the Almighty long to continue your Grace in health and prospetitie to his glorie and the good of his Church Your Graces at all Commaundment IO. COWELL To the Readers GENTLE Readers I heere offer my selfe to your censures vvith no other desire then by you to be admonished of my faults For though I doe professe the amplifying of their vvorkes that haue gone before me in this kinde and haue both gathered at home and brought from abroade some ornaments for the better embellishing of our English lavves yet am I neither so vaine as to denie mine imperfections nor so passionate as to be offended at your charitable reformation Nay my true ende is the advauncement of knovvledge and therefore haue I published this poore vvorke not onely to impart the good thereof to those young ones that vvant it but also to dravve from the learned the supply of my defects and so by degrees if not my selfe to finish this modell yet at the least by the heate of emulation to incense some skilfuller architect thereunto Yea I shall thinke my paines sufficiently recompensed if they may be found but vvorthy to stirre vp one learned man to amend mine errours The Ciuilians of other nations haue by their mutuall industries raised this ãâã of worke in their profession to an inexpected excellencie I haue seene many of them that haue bestowed very profitable and commendable paines therin and lastly one Caluinus a Doctor of Heidelberge like a laborious Bee hath gathered from all the former the best iuyce of their flowers and made vp a hiue full of delectable honie And by this example would I gladly incite the le arned in our common lawes and antiquities of England yet to lend their aduice to the gayning of some comfortable lights prospects toward the beautifying of this auncient palace that hitherto hath bene accoumpted howsoeuer substantiall yet but darke and melancholy Whosoeuer will charge these my trauiles with many ãâ¦ã sights he shall neede no solemne paines to prooue them For I will easily confesse them And vpon my view taken of this booke sithence the impression I dare assure them that shall obserue most faults therein that I by gleaning after him will gather as many omitted by him as he shall shew committed by me But I learned long sithence out of famous Tullie that as no mans errours ought to be folowed because he sayeth some things well so that which a man saith well is not to be reiected because he hath some errours No man no booke is voide of imperfections And therefore reprehend who will in Gods name that is with svveetnes and vvithout reproche So shall he reape hartie thankes at my hands and by true imitation of the most iudicious that euer vvrote more soundly helpe on this pointe of learning to perfection in a fevve monethes then I by tossing and tumbling my bookes at home could possibly haue done in many yeares Experience hath taught me this in mine Institutes lately set forth by publishing vvhereof I haue gained the iudicious obseruations of diuers learned gentlemen vpon them vvhich by keeping them priuate I could neuer haue procured By vvhich meanes I hope one day to commend them to you againe in a more exact puritie and so leaue them to future times for such acceptance as it shall please God to giue them I haue in some tovvardnes a tract de regulis iuris vvherein my intent is by collating the cases of both lavves to shevve that they both be raised of one foundation and differ more in language and termes then in substance and therefore vvere they reduced to one methode as they easily might to be attained in a maner vvith all one paines But my time imparted to these studies being but stolne from mine emploiments of greater necessitie I cannot make the hast I desire or perhaps that the discourse may deserue VVherefore vntill my leisure may serue to performe that I intreate you louingly to accept this One thing I haue done in this booke vvhereof because it may seeme straunge to some I thinke to yeld my reason and that is the inserting not onely of vvords belonging to the art of the lavve but of any other also that I thought obscure of vvhat sort soeuer as Fish Cloth Spices Drugs Furres and such like For in this I follovv the example of our Ciuilians that
the French word I am driuen to thinke that our auncient Lawyers would signifie hereby a kind of hope or longing expectance because that those things that be in abeyance though for the present they be in no man yet they are in hope and expectation belonging to him that is next to enioy them For I find also in the French that vn bayard is avidus spectator a greedy beholder I cannot in mine owne opinion better compare this then to that which the Civilians call haereditatem iacentem For as Bracton saith lib. 1. cap. 12. nu 10. Haereditas iacens nullius est in bonis ante aditionem Sed fallit in hoc quia sustinet vicem personae defuncti vel quia speratur futura haereditas eius qui adibit So that as the Civilians say goods and lands do iacere whilest they want a possessor and yet not simply because they had lately one and may shortly haue another so the common Lawyers do say that things in like estate are in abeyance Reade farther of this in the new tearmes of lawe and in Plowdens reports casu VValsingham fol. 554. a. Abet Abettare may without absurditie be said to proceed froÌ the French bouter i. ponere apponere impellere propellere It signifieth in our common law as much as to encourage or set on The substantiue abetment abettum is vsed for an encouraging 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 verbe and noune is alway vsed in the euill part Abishersing according to Rastall in his Abridgement titulo Exposition of law words is to be quit of amerciaments before whom soeuer of transgression The author of the new tearmes calleth it otherwise Mishersing and saith it is to be quit of amerciaments before whom soeuer of transgression proued I am of opinion that the word originally signifieth a forfeiture or an amerciament and that it is much transformed in the writing by misprision and ignorance of Clerkes thinking it very probable that it proceedeth from the Germane verbe Beschetzen which is as much as fisco addicere vel confiscare It seemeth by the former authors to be tearmed a freedome or libertie because he that hath this word in any charter or grant hath not onely the forfeitures and amerciaments of all others within his fee for transgressions but also is himself free from all such controule of any within that compasse Abiuration Abiuratio signifieth in our common law asworne banishment or an oath taken to forsake the realme for euer For as Stawnford pl. cord li. 2. cap. 40. saith out of Polydore Virgils eleuenth booke of Chronicles the deuotion toward the Church first in S. Edward a Saxon king and so consequently in al the rest vntil anno 22. H. 8. was so earnest that if a man hauing committed felonie could recouer a church or church yard before he were apprehended he might not be thence drawne to the vsuall trial of lawe but confessing his fault to the Iustices at their comming or to the Coroner before them or him giue his oath finally to forsake the realme Of this you may reade a touch anno 7. Hen. 7. cap. 7. But the forme and effect of this you may haue in the old abridgement of Statutes titulo Abiuration nu 3. taken out of the auncient Tractate intituled De officiis coronatorum as also in Cromptons Tractate of the office of the Coroner fol. 206. b. and in the new booke of entries verbo Abiuration and in Andrew Horus myrror of Iustices lib. 1. cap. del office del coroner This part of our lawe was in some sort practised by the Saxons as appeareth by the lawes of king Edward set out by M. Lamberd nu 10. but more directly by the Normans as is euident by the grand customarie cap. 24. where you haue these words in effect He that flyeth to a Church or holy place may stay there for eight dayes And at the ninth day he must be demaunded whether he will yeeld himselfe to secular iustice or hold him to the Church For if he will he may yeeld himselfe to the lay Court if he will cleaue to the Church he shall forsweare the countrie before the Knights and other people of credit which may witnesse the act if need require The forme of the oath is likewise there set downe with the rest of the proceeding in this matter very agreable with ours This mercie as well of the SaxoÌs as Normans deriued vnto vs something resembleth that of the Romaine Emperors toward such as fled to the Church lib. 1. Co. titulo 12. or to the images of themselues eodem titulo 25. And also that of Moses touching the cities of refuge Exod. cap. 21. vers 13. Numb cap. 35. vers 6. 11 12. Deut. 19. vers 2. Ios 20. vers 2. But as it was in our auncestors dayes larger by great oddes in this realme so had it lesse reason as it may appeare to all that will compare them Of all circumstances belonging to this abiuration you may farther reade the new tearmes of lawe Stawnford vbi supra and such others But this grew at the last vpon good reason to be but a perpetual confining of the offender to some Sanctuarie wherein vpon abiuration of his liberty and free habitations he would chuse to spend his life as appeareth anno 22. Hen. 8. cap. 14. And this benefite also by other statutes is at the last wholly taken away So that abiuration at this day hath place but in few cases and if it be inflicted vpon any it is not a confining to a Sanctuarie for there be no Sanctuaries remaining amongst vs but a sworne banishment out of the Kings dominions This the Civilians call exilium or deportationem lib. 28. Digest titulo 22. de interdictis relegatis deportatis Abridge Abbreniare coÌmeth 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 lawe it seemeth at the least for the most part to be more particularly vsed for making a declaration or count shorter by subtracting or seuering 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 razeth those parcels out of the plee praying answer to the rest So that here abridger is not contrahere but rather subtrahere Termes of the lawe Broke titulo Abridgement and anno 21. Hen. 8. cap. 3. Of this the Civilians haue no vse by reason of certaine cautelous clauses they ordinarily haue at the end of euery position or article of their libell or declaration to this effect Et ponit coniunctim divisim de quolibet de tali tanta quantitate vel summa qualis
giuen to matrimonie Fourthly at 14. yeares she is enabled to receiue her land into her owne hands and shall be out of ward if she be of this age at the death of her ancestor Fiftly at sixteene yeares she shal be out of ward though at the death of her auncestor she was within the age of fourteen yeres The reason is because then she may take a husband able to performe Knights seruice Sixtly at 21. yeares she is able to alienate her lands and tenements Instit iure com cap. 24. Touching this mater take further these notes perspicuously gathered At the age of 14. yeares a striplin is enabled to chuse his owne guardian and to claime his land holden in socage Dyer fol. 162. which Bracton limiteth at fifteene yeares li. 2. cap. 37. num 2. with whom Glanvile also agreeth lib. 7. cap. 9. And at the age of fourteene yeares a man may consent to mariage as a woman at 12. Bracton vbi supra At the age of fifteene yeres a man ought to be sworne to keepe the kings peace anno 34. Edw. 1. Stat. 3. The age of 21. yeares compelleth a man to be knight that hath twentie pounds land per annum in fee or for tearme of life anno 1. Edw. 2. stat 1. and also enableth him to contract and to deale by himself in all lawfull causes appertaining vnto his estate Which vntill that time he cannot with the security of those that deale with him This the Lombords settle at 18. yeares as appeareth by Hotomans disputations in libros feudorum l. 2. c. 53. ver decimo octauo anno which power the Romans permitted not vsque ad plenam maturitatem and that they limited at 25. yeares lib. 1. in fine Î . de maior 25. an l. fin Co. de Legit tut in principio titulo de curat in Institut The age of twelue yeares bindeth to appearance before the Sheriffe and Coroner for enquirie after roberies an 52. H. 3. cap. 24. The age of 14. yeares enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minoritie hauing an actioÌ brought against him for lands coming to him by discent that the action may rest vntill he come to his full age which the Court in most cases ought to yeeld vnto This is otherwise in the ciuill lawe which inforceth children in their minoritie to answer by their tutors or curatours Î . de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gift 1. iacet hauing gasir in the Infinitiue moode whence commeth the nowne gisme a lying in child-bed or rather of gister i. stabulari a word proper to a Deare cùm sub mensem Maium è locis abditis in quibus delituit emigrans in loco delecto stabulari incipit vnde commoda propinqua sit pabulatio Budaeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or it may be probably deduced from the Saxon word Gast 1. hospes It signifieth in our common lawe to take in and feede the ââtell of straungers in the kings forest and to gather the money due for the same to the kings vse Charta da Foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem cap. 8. Cromptons iurisdic fol. 146. These are made by the kings leters patents vnder the great seale of England of whom the King hath foure in number within euery forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these foure points in agist ando recipiendo imbreviando certificando Manwood parte prima Of Forest lawes p. 336. 337. whome you may reade more at large Their function is tearmed Agistment as agistment vpon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or coÌcord of more to one thing this by the author of the newe tearmes of lawe is either executed or executory which you may read more at large in him exempified by cases Ayde auxilium is all one in signification with the French aide and differeth in nothing but the onely pronunacitioÌ if we take it as it is vsed in our vulgar language But in the common lawe it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from tenents to their Lords as toward the releife due to the Lord Paramount Glanvile li. 9. cap. 8. or for the making of his sonne knight or the marying of his daugnter idem eodem This the King or other Lord by the auncient lawe of England might lay vpon their tenents for the knighting of his eldest sonne at the age of 15. yeares or the mariage of his daughter at the age of seuen yeares Regist orig fol. 87. a. and that at what rate them selues listed But the Statute Westmin 1. anno 3. Edw. 1. ordained a restraint for to large a demand made by common persons being Lords in this case and tyed them to a certaine rate And the Statute made anno 25. Ed. 3. stat 5. cap. 11. prouideth that the rate set downe by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. ca. 10. This imposition seemeth to haue descended to vs from Normandie for in the grand custumarie cap. 35. you haue a Tractate intituled des aides chevelz 1. de auxilys capitalibus whereof the first is a faire l'aynè filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre an Duc. i. ad corpus dominisui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassanaeus de coÌsuet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis descis 131. where he calleth it adiutorium pro maritanda filia Whence it appeareth that this custome is within the kingdome of Naples also Touching this likewise you may reade these words in Maenochius lib. 2. de arbitrat Iud. quast centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in carum ditionibus privilegia multasque cum locorum incolis connentiones inter quas illa vna solet nominari vt possit Dominus collectam illis indicere pro solutione dotium suarum filiarum cura matrimonio collocantur Hoc aliquando Romae observarum à Caligulafuisse in illius vita
scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitioruÌ ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitaÌ maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the graÌdfather or great grandfather called of our common lawyers besayle but in true French bisaieul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearaÌce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke Denizen 4. c. And in this case a man born out of the land so it be within the limits of the Kings obedience beyond the sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer vpoÌ complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir ãâã superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
of pasture turbarie and piscary to be things corporal looke Common Apporcuââent Apportion ãâ¦ã tuÌ is a dividing of a rent into parts according as the land whence the whole rent issueth is divided among two or more See the new termes of lawe Apprentice Apprenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with vs one that is bound by couenant in word or writing to serue another man of trade for certaine yeares vpon condition that the artificer or man of trade shall in the meane time endeavour to instruct him in his art or misterie S. Thomas Smith in his booke de rep Ang. li. 3. ca. 8. saith that they are a kinde of bond men differing onely in that they be seruants by couenant and for a time Of these you may reade divers statutes made by the wisedome of our realme which I thinke superfluous heere to mention Appropriation appropriatio proceedeth from the French approprior i. apeare acc ãâ¦ã re and properly signifieth in the lawe of England a severing of a benefice ecclesiasticall which originally and in nature is iuris diuini in p ãâ¦ã nullius to the proper and perpetuall vse of some Religious house or Deane c. and Chapter Bishop rick or Colledge And the reason of the name I take to be this because that whereas persons ordinarily be not accounted domini but vsufructuarij hauing no right of fee simple Littleton titulo Discontinuance these by reason of their perpetuitie are accounted owners of the fee simple and therefore are called proprietarij And before the time of Richard the second it was lawfull as it seemeeth simply at the least by mans lawe to appropriate the whole fruites of a benefice to an abbey or priory they finding one to serue the cure But that King made so euill a thing more tolerable by a lawe whereby he ordeined that in euery licence of appropriation made in chauncerie it should expresly be contained that the diocesan of the place should prouide a conuenient summe of money yearely to be paide out of the fruites toward the sustenance of the poore in that parish and that the Vicar should be well and sufficiently endowed anno 15. Rich. 2. ca. 6. Touching the first institution other things worth the learning about appropriations reade Plowden in Grendons case fo 496. b. seqq as also the new termes of lawe verbo Appropriation To an appropriation after the licence obteined of the King in chauncerle the consent of the Diocesan Patron and incumbent are necessarie if the Church be full but if the Church be voide the Diocesan and the Patron vpon the Kings licence may conclude it Plowden vbi supra To dissolue an appropriation it is enough to present a Clerke to the Bishop For that once done the benefice returneth to the former nature Fitzh nat br fo 35. ãâã Approvour approbator commeth of the French approuver i. approbare comprobare calculum albo adijcere It signifieth in our common law one that coÌfessing felony of him self appealeth or accuseth another one or more to be guilty of the same he is called so because he must prooue that which he hath alleadged in his appeale Stawnf pl. cor fo 142. And that proofe is by battell or by the countrey at his election that appealed The forme of this accusation you may in part gather by M. Cromptons Iustice of peace fo 250. 251. that it is done before the coroner either assigned vnto the selon by the court to take and record what he saith or els called by the felon himselfe and required for the good of the Prince common wealth to record that which he saith c. The oath of the approuer when he beginneth the combate see also in Crompton in the very last page of his booke as also the proclamation by the Herald Of the antiquity of this law you may reade something in Horns myrror of Iustices l. 1. in fine cap. del office del coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approuers of the king Appruatores regis be such as haue the setting of the kings demeasneâ in smal Manors to the kings best aduantage anno 51. H. 3. stat 5. See Approue Approue appruare commeth of the French approuer i. approbare comprobare calculum albo adiicere it signifieth in the common lawe to augment or as it were to examine to the vttermost For example to approue land is to make the best benefite thereof by increasing the rent c. So is the Substantiue approuement vsed in Cromptons iurisd fol. 153. for the profits them selues So is it likewise in the statute of Merton cap. 4. anno 2. H. 3 land newly approued Old nat br fol. 79. So the Sheriffes called themselues the kings approuers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approuers But anno 2. Ed. 3. cap. 12. Approuers be certaine men especially sent into seuerall counties of the Realme to increase the Fermes of hundreds and wapentakes which formerly were set at a certaine rate to the Sheriffes who likewise dimised them to others the countie Court excepted Approuement appruamentum see Approue See the Register iudiciall fol. 8. br 9. a. See the new tearmes of lawe verbo Approuement Arbitratour arbiter may be taken to proceede from either the Latine arbitrator or the French arbitre it signifieth an extraordinarie iudge in one or moe causes betweene party and partie chosen by their mutuall consents West parte 2. Symb. titulo Compromise Sect. 21. who likewise diuideth arbitrement into generall that is including all actions quarels executions and demands and special which is of one or moe matters facts or things specified eodem sect 2. 3. 4. T ãâ¦ã vilians make a difference betweene arbitrum arbitratorem l. 76. Î . pro socio For though they both ground their power vpon the compromise of the parties yet their libertie is diuers For arbiter is tyed to proceede and iudge according to lawe with equitie mingled arbitrator is permitted wholy to his owne discretion without solemnitie of processe or course of iudgement to heare or determine the controuersie committed vnto him so it be iuxta arbitrium boniviri Arches court Curia de arcubus is the chiefe and auncientest CoÌsistorie that belongeth to the Archbishop of Canterburie for the debating of spiritual causes and is so called of the Church in London dedicated to the blessed Virgin commonly called Bow church where it is kept And the Church is called Bow church of the fashion of the Steeple or clocher thereof whose toppe is raised of stone pillars builded arch-wise like so many bent bowes The Iudge of this Court is
is vsed anno 20. Ed 1. anno 11. H. 6. cap. 2. in these words Iustices assigned to take assises And the Substantiue assignement hath the same signification Wests symb parte 1. lib. 2. sect 496. seq In which maner is also vsed the adiectiue assignee assignatus viz. for him that is appointed or deputed by another to do any act or performe any businesse or enioy any commoditie And an assignee may be either in deed or in law Assignee in deed is he that is appointed by a person an assignee in lawe is he whom the lawe so maketh without any appointment of the person v. Dyer fol. 6. num 5. Perkins in Grauntes saith that an assignee is he that occupieth a thing in his owne right and deputè he that doth it in the right of another Assise assisa commeth of the French assise which in the grand custumarie of Normandy cap. 24. is defined to this effect Assise is an assembly of Knights and other substantiall men with the Bailiffe or Iustice in a certain place and at a certaine time appointed And againe cap. 55. Assise is a court in the which whatsoeuer is done ought to haue perpetuall strength This Normane word assise commeth of the French asseoir â collocare to settle or bestow in some place certaine as sâasseoir is to sit downe by another And metaphorically it is vsed of things incorporeall as asseoir son iugement sur quelque lieu is interponere iudicium suum Of this verbe commeth the participle assis as estre assis i. sedere And this Participle in the grand custumarie of Normandie cap. 68. is vsed as we would say appointed limited or determined viz. au iour qui est assis à faire la battaille se doibuent les champions offrir á la iustice that is at the day which is appointed for the combat the champions ought to offer themselues to the Iustice So that by all these places compared together it is euident whence the original of this word assise floweth How diuersly it is vsed in our common lawe it followeth that we declare First Litleton in the chapter Rents saith that it is aequivocum where he setteth downe three seuerall significations of it one as it is taken for a writ another as it is vsed for a Iurie the third as for an ordinance And him he that listeth may reade more at large My collections haue serued me thus first assise is taken for a writ directed to the Shyreeue for the recouerie of possession of things immoueable whereof your selfe or your auncestor haue bene disseised And this is as well of things corporall as incorporeall rights being of foure sorts as here they follow in their order Assise of novel disseisin assisa nova disseisina lyeth where a tenent in Fee-simple Fee-taile or for tearme of life is lately disseised of his lands or tenements or else of a rent seruice rent seck or rent charge of common of pasture of an office of tolle tronage passage pownage or for a nusance leuied and diuers other such like For confirmation whereof you may reade Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. per totum Britton cap. 70. seqq Register orig fol. 197. Fitz. nat br fol. 177. 178. 179. new booke of entries fol. 74. col 3. West 2. cap. 25. anno 13. Ed. 1. And to this may aptly be added the Bill of fresh force friscae fortiae which is directed to the officers or magistrates of Cities or Townes corporate being a kinde of assise for recovery of possession in such places within 40. daies after the force as the ordinarie assise is in the countie Fitzh nat br fo 7. c. This the Civilians call iudicium possessorium recuperandi Assise of mort d' auncester assisa mortis antecessoris lyeth where my father mother brother sister vncle aunte c. died seised of lands tenements rents c. that he had in see simple and after his death a straunger abateth an it is good as well against the abatour as any other in possession How likewise this is extended see Bracton li. 4. tract 3. per totum Britton ca. 70. cum multis sequent Fitzh nat br fo 114. Register orig fo 223. This the Civilians call Iudicium possessorium adipiscendi Assise of darrein presentment assisa vltima praesentationis lieth where I or mine auncestor haue presented a Clerke to a Church and after the Church being voide by the death of the said Clerke or otherwise a strauÌger presenteth his Clerke to the same Church in disturbance of me And how otherwise this writ is vsed See Bracton li. 4. tract 2. Register orig fo 30. Fitzh nat br fo 195. Assise de vtrum assisa vtrum lieth either for a parson against a lay man or a lay man against a parson for land or tenement doubtfull whether it be lay see or free almes And of this see Bracton li. 4. tract 5. cap. 1. seqq Brit. ca. 95. The reason why these writs be called assises may be diuers First because they settle the possession and so an outward right in him that obteineth by them Secondly they were originally spedde and executed at a certaine time and place formerly appointed For by the Norman law the time and place must be knowne 40. daies before the Iustices sate of them and by our lawe there must be likewise 15. daies of preparation except they be tried in those standing courts of the king in Westminster as appeareth by Fitzh nat br fo 177. D. E. Lastly they may be called assises because they are tried most commonly by especial courts set appointed for the purpose as may be well proved not onely out of the custumarie of Normandie but our bookes also which shew that in auncient times Iustices were apointed by especiall commission to dispatch controversies of possession one or more in this or that onely countie as accasion fell out or disseisins were offered that as well in terme time as out of terme whereas of later daies wee see that all these commissions of asseses of eyre of oyer terminer of gaol deliuerie and of nisi prius are dispatched all at one time by two severall circuits in the yeare out of terme and by such as haue the greatest sway of Iustice being al of them either the Kings ordinarie Iustices of his benches Sergeants at the lawe or such like Assise in the second signification according to Litleton is vsed for a Iurie For to vse his owne example it is set downe in the beginning of the record of an assise of novel disseisin Assissa venit recognitura which is as much to say as Iuratores veniunt recognituri The reason why the Iurie is called an assise he giueth to be this because by the writte of assise the Shyreeue is commaunded quòd faciat duodecim liberos legales homines de viceneto c. videre tenementum illud nomina eorum imbreviari quod summoneat eos per bonas
summonitiones quòd sint coram Iustitiarijs c. parati inde facere recognitionem c. This is as if he should haue spoken shorter metonymia effecti For they are called the assises because they are summoned by vertue of the writ so termed And yet the Iurie summoned vpon a writ of right is likewise called the assise as himself there confesseth which writ of right is not an assise But this may be said to be ãâã ãâã ãâã ãâã ãâã or abusiuely so tearmed Assise in this signification is diuided in magnam paruam Glanvile lib. 2. ca. 6. 7. c. and Britton c. 12. where it appeareth wherein the great assise differeth from the petit assise whome I wish to be read by those that would be furder instructed in this point For this place thus much in short The former 4. kindes of assises vsed in actions only possessory be called petit assises in respect of the graund assise For the law of feese is grouÌded vpon two rights one of possession the other of propertie and as the grand assise serueth for the right of property so the petit assise serueth for the right of possession Horns myrror of Iustices lib. 2. cap. de novel disseisin Assise in the third signification according to Litleton is an ordinance or statute as the statute of bread and ale made anno 51. H. 3 is termed the assise of bread and ale assisa panis ceruiciae Regist orig fol. 279. b. The assise of Clarendon assisa de Clarendon wherby those that be accused of any hainous crime and not able to purge themselues by fire and water but must abiure the realme had libertie of 40. daies to stay and trie what succour they could get of their friends toward their sustenance in exile Stawnf pl. cor fol. 118. out of Bracton li. 3. tract 2. cap. 16. num 2. Of this also Roger Hoveden maketh mention and more particularly then any that I haue read parte poster suorum annalium fol. 313. b. in Henrico secundo Assise of the Forest assisa de Foresta which is a statute or constitution touching orders to be obserued in the kings forest Manwood parte 1. of his Forest lawes pag. 35. Crompton in the Court of the Iustices of the Forest per totum fol. 146. seq And the assise of the king anno 18. Ed. 3. stat 1. called the statute for view of Francke pledge And these be called assises because they set downe and appoint a certaine measure rate or order in the things which they concerne Of assise in this signification doth Glanvil also speake lib. 9. cap. 10. in fine Generaliter verum est quod de quolibet placito quod in comitath deducitur terminatur misericordia quae inde prouenit vicecomiti debetur quae quanta sit per nullam assisam generalem determinatum est And thus much touching Litletons diuisioÌ But if we marke well the writers of the lawe we shall find this word assise more diuersly vsed then this author hath noted For it is vsed sometime for the measure or quantity it selfe and that per Metonymiam effecti because it is the very scantline described or commaunded by the ordinance as for example we say when wheate c. is of this price then the bread c. shall be of this assise This word is furder taken for the whole processe in court vpon the writ of assise or for some part therof as the issue or verdict of the Iury. For example assises of new disseisin c. shall not be taken but in their shires and after this maner c. mag char cap. 12. And so it seemeth to ãâ¦ã nifie Westm 2. cap. 25. anno 13. Ed. 1. in these words let the disseisiours alledge no false exceptions whereby the taking of the assises may be deferred c. And anno 34. Ed. 1. stat 2. if it be found by assise the assise in arrained to averre by the assise the assise by their default shal passe against them and also an 1. H. 6. cap. 2. assises awarded by default of the tenents c Lastly by Merton cap. 4. anno 20. H. 3. certified by the assise quite by the assise c. And in this signification Glanvile calleth it magnam assisam domim regis quae ex duodecim ad minus legalium hominum sacramentis consistit lib. 2. cap. 7. Bracton vseth it in like sort as assisa cadit in transgressionem lib. 4. cap. 30. assisa cadit in perambulationem codem cap. 31. num 2. Fleta defineth an assise in this signification thus Assisa in iure possessorio est quaedam recognitio duodecim hominum iuratorum per quam Iusticiary certiorantur de articulis in breui contentis An assise also thus signifying is said sometime to passe per modum assisae and sometime in modum ãâ¦ã ata in maner of an assise when onely the disseisin in question is put to the trial of the twelue in maner of a iurie when as any exception is obiected to disable the interest of the disseisee and is put to be tryed by the twelue before the assise can passe As for example Quaestio status causa successionis causa donationis pactum siue conditio vel coÌnentio voluntas dissimulatio transactio vel quietaclamatio vel remissio confirmatio siue consensus propria vsurpatio rei propriae difficultas iudicij iustum iudicium finis chirographum intrusio in rem alienam vel disseisina si in continenti reijciatur negligentia quae per transitum temporis excludit actunem Fleta lib. 4. cap. 10. § 1. whome reade also to this point cap. 11. § Siautem à Domino and at large cap. 16. eiusdem libri lib. 5. cap. 6. § Item vertitur assisa seq And note that assise in this signification is taken foure waies Old nat br fol. 105. The first is assise at large which is taken aswell vpon other points as vpon the disseisin For example where an infant bringeth an assise and the deed of his auncestor is pleaded whereby he claimeth his right or foundeth his title then the assise shall be taken at large that is the Iurie shall enquire not only whether the plaintiffe were disseised or not by the tenent but also of these other points viz. whether his auncestor were of full age of good memorie and out of prison when he made the deed pleaded Another example out of Kitchin fol. 66. The tenent pleadeth a forraine release in barre to an assise whereupon the cause was adiourned At the day the tenent maketh default Therefore the assise was taken at large that is not onely whether the plaintiffe were disseised but also whether there be any such forraine release A third example you may reade in Litleton cap. Estates vpon condition The second maner of assise in point of assise assisa in modum assisae which is when the tenent as it were setting foote to foot with the demandant without furder circumstance pleadeth directly
the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the defendant as prolocutor is for the persewer M. Skene de verb. significatione Responsalis as Sigânius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum LiberaturaruÌ is the third officer in that Court who must be a person learned in the lawes of the land being named and assigned by the king At his admission into the office he taketh an oath before the Master of the said court well and truly to serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logickeâ because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto another as to his Lord and also that attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the writ tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectioÌ or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of coÌtentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is
graunted by the Chaunceler of England vpon veiwe of the exception suggested to the Iustices of the common banke or of the Kings benche willing them to graunt summons to the Shyrecue of the countie where the creditour is for his appearance at a certain day before them See more in owld nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our lawe signifieth an officer of the king or some other great personage which yearely by examining the accounts of all vnder officers accountable maketh vp a generall booke that sheweth the difference betweene their receipts or burden and their allowances commonly called allocations as namely the auditours of the exchequer take the accounts of those receiuers which receiue the revenewes of the augmentation as also of the Shyrceues escheatours collectours and customers and set them downe and perfect them Him that will read more of this I referre to the Statut. anno 33. H. 8. c. 33. Auditours of the Prests are also officers in the exchequer that doe take and make vp the great accounts of Ireland Berwick the mint of any mony imprested to any man Auditour of the receipts is an officer of the exchequer that fileth the Tellers bils and maketh an entrie of them and giueth to the Lord Treasurer a certificate of the mony receiued the weeke before He maketh also Debenturs to euery Teller before they pay any mony taketh their accounts He keepeth the blacke booke of the receipts and the Treasurers key of the treasurie and seeth euery Tellers monies locked vp in the new treasury Auenture is a mischance causing the death of a man without felony as when he is sodenly drowned or burnt by any soden disease falling into the water or fire Britton ca. 7. where you may see what it differeth from Misadventure See Misadventure Average averagium by M. Skenes opinion verbo arage de verborum significatione commeth of the word averia i. a beast and so consequently signifieth service which the tenent oweth to to the Lord by horse or cariage of horse I haue heard others probably deriue it from the French euvrage or euvre i. opus It seemeth with vs to haue two diuers significations for the first Rastall titulo Exposition of words maketh mention of the Kings averages which I take to be the kings cariages by horse or cart Then anno 32. H. 8. ca. 14. and anno 1. Iacobi ca. 32. it is vsed for a certaine contribution that merchants and others doe every man proportionably make toward their losses who haue their goods cast into the sea for the safegard of the shippe or of the goods and liues of them in the shippe in time of a tempest And this contribution seemeth to be so called because it is proportioned after the rate of euery mans average or goods caried Averijs captis in withernam is a writ for the taking of catell to his vse that hath his catell taken vnlawfully by another and driuen out of the countie where they weretaken that they cannot be repleuied Register originall fo 82. a. b. See Withernam Averment verificatio coÌmeth from the French averer i. testari as averer quelque meschaÌcete i. extrahere scelus aliquod in lucem ex occultis tenebris It signifieth according to the author of the termes of lawe an offer of the defendant to make good or to iustifie and exception pleaded in abatement or barre of the plaintifs actioÌ But me thinketh it should rather signifie the act theÌ the offer of iustifying the exception by diuers places where I finde it vsed For example an 34. Ed. 1 stat 2. And the demaundant will offer to averre by the assise or Iurie where to offer to averre and to averre must needes differ and againe in the same staint and the demaundaunt will offer to averre by the countrie c. thirdly in the english nat br fo 57. These errours shall be tried by averment c. Averpennie quasi Averago pennie is mony contributed toward the Kings averages Rastall exposition of words See Average Augmentation augmentatio was the name of a court erected the 27 yeare of H. 8. as appeareth by the 27. chapter of that yeares parlament And the end thereof was that the king might be iustly delt with touching the profits of such religious howses and their lands as weare giuen vnto him by an act of parlament the same yeare not printed For the dissolving of which courte there was authoritie giuen to Queene Mary by the parlament held the first yeare of her raigne ses 2. ca. 10. which shee afterward put in execution by her leters patents The name of the courte grewe from this that the revenewes of the crowne were augmented so much by the suppression of the said houses as the king reserved vnto the crowne and neither gaue nor sold away to others Aulne of Renish wine a. 1. Ed. 6. ca. 13. alià s Awme of Renish wine 1. laco ca. 33. is a vessell that conteineth 40. gallons Aulnegeowr See Alneger Avo is the name of a writ for the which see Ayle Awncell weight as I haue beene informed is a kinde of weight with scoles hanging or hookes fastened at each end of a staffe which a man lifteth vp vpon his forefinger or hand and so discerneth the equalitie or difference betweene the weight and the thing weied In which because there may and was wont to be great deceipt it was forbidden anno 25. Ed. 3. stat 5. ca. 9. anno 34. eiusdem ca. 5. and the euen ballance onely commanded yet a man of good credit once certified me that it is still vsed in leaden hall at London among butchers c. In the deriuation of this word I dare not be ouer confident But it may probably be thought to be called awnsell weight quasi hand sale weight because it was and is performed by the hand as the otheris by the beame And if I should draw it from the greeke ãâã ãâã ãâã ãâã ãâã i. cubitus the parte of the arme from the elbowe to the fingers ends I might chalenge a good warrand of this from the Romaines whoe thence derived their ancile i. the luckie shield that was saide to be sent from heauen in a tempest to Numa Pompilius together with a voice that the citie of Rome stould be the mightiest of all others soe long as that shield remained in it Auncient d ãâ¦ã antiquum dominicum is called more at large anncient demeasn of the king or of the crowne Fazb nat brifo 14. d. It coÌmeth of 2. French words auncien 1. veter vetus veteranus antiquus and of demaine alias domaire i. publicum vectigal It signifieth in our common lawe a certaine tenure whereby all the maners belonging to the crowne in the daies of Saint Edward the Saxon king or of William the conquerour did hold The number names of which maners as all other belonging to common persons he caused to be written
his assistants in causes of iustice betweene the king and his subiects touching causes appertaining to the Exchequer The Lord chiefe Baron at this day is the chiefe Iudge of the court and in matter of lawe information and plea answereth the barre and giueth order for iudgment thereuppon He alone in the terme time doth sit vpon Nisi prius that come out of the Kings Remembrancers office or out of the office of the clerke of of the please which cannot be dispatched in the mornings for want of time He taketh recognisances for the Kings debts for appearances and obseruing of orders He taketh the presentation of all the officers in court vnder himselfe and of the Mayor of London and seeth the Kings Remembrancer to giue them their oathes He taketh the declaration of certaine receiuers accompts of the lands of the late augmentation made before him by the Auditors of the shires He giueth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chiefe baron answereth the barre in matters aforesaid he also taketh recognisances for the kings debts apparences and obseruing of orders He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office He taketh a declaration of certaine receyuers accompts He also examineth the letters and summes of such Shyreeues foraine accompts as also the accompts of Escheatours and Collectours of Subsidies and Fifteens as are brought vnto him by the auditors of the Court. The third Baron in the abseÌce of the other two answereth the barre in matters aforesaide he also taketh recognisances as aforesaide He giueth yerely the oath of the late Mayor and gawger of London for his true accoÌpting He also taketh a declaration of certaine receiuers accompts and examineth the leters and suÌmes of such of the former accountants as are brought vnto him The fourth barons is alwaies a coursetour of the court and hath bene chosen of some one of the clerks in the remembrancers offices or of the clerke of the pipes office He at the daies of prefixion taketh oth of al high shyreeus and their vndershyreeues and of all escheatours baylifs and other accountaÌts for their true accounting He taketh the oath of al collectours controllers surueyours and serchers of the custome houses that they haue made true entrances in their bookes He apposeth all shyreeues vyon their suÌmons of the pipe in open court He informeth the rest of the Barons of the course of the court in any mater that concerneth the kings prerogatiue He likewise as the other Barons taketh the declaration of certaine receiuers accompts and examineth the leters and summes of such of the former accountants as are brought vnto him These barons of the exchequer areauncient officers for I finde them named westm 2. ca. 11. anno 13. Ed. 1. and they be called barons because barons of the realme were wont to be employed in that office Fleta li. 2. ca. 24. S. Thomas Smith saith of them that their office is to looke to the accompts of the Prince and to that end they haue auditors vnder them as also to descide all causes appertaining to the Kings profits comming into the exchequer by any meanes This is in part also proued by the statut anno 20. Ed. 3. ca. 2. anno 27. eiusdem stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. anno 14. eiusd ca. 1â And hereupon they be of late men learned in the common lawe of the realme wheras in auncient times they were others viz. maiores discretiores in regno siue de clero essent siue de curea Ockam in his lucubrations de fisci regij ratione Horn in his mirrour of Iustices saieth that barons were wont to be two and they Knights ca. De la place del Eschequer Then be there in this signification Barons of the Cinque portes anno 31. Ed. 3. stat 2. ca. 2. et anno 33. H 8. ca. 10. which are two of euery of the seuen towns Hastings Winchelsey Ry Rumney Hithe Douer Sandwiche that haue places in the lower house of Parlament Cromptons iurisd fo 28. Baron in the the third signification is vsed for the husband in relation to his wife which is so ordinary in all our lawe writers that wright in french as it were superfluous to confirme it by any one Baronet I reade this word anno 13. R. 2. stat 2. ca. 1. but I hould it falsely printed for Baneret or els to signifie all one with it Baronye baronia baronagium is the fee of a baron In which accompt are not only the fees of temporall Barons but of Bishops also who haue two respects one as they are spirituall men without possessions as was the tribe of Levy among the Israelites being susteined by the only first frutes and tenthes of the other tribes Iosue ca. 13. versue 14. The other respect they haue groweth from the bountie of our english Kings whereby they haue baronies at the least are thereby Barons or Lords of the Parlament This baronie as Bracton saith li. 2. ca. 34. is a right indiuisible and therefore if an inheritance be to be divided among coparceners though some capitall messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he saith they may not be parcelled The reason is ne sic caput per plures particul as diuidatur plura iura comitatuum baroniarum deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baronys dicitur esse constitutum Barre barra commeth of the French barre or barriere i. repagalum obex vectis It is vsed in our common law for a peremptory exception against a demauÌd or plaint and is by the author of the Termes of law defined to be a plee brought by the defendant in an action that destroieth the action of the plaintiffe for euer It is divided into a barre to common intent and a barre speciall Abarte to a common intendment is an ordinarie or generall barre that ordinarily disableth the declaration or plee of the plaintiffe a barre speciall is that which is more then ordinarie falleth out in the case in hand or question vpon some speciall circumstance of the fact Plowden casu Colthirst fo 26. a. b. For exaÌple an executor being sued for his testators debt pleadeth that he had no goods left in his hands at the day when the writ was purchased or taken out against him This is a good barre to common intendment or prima sacie But yet the case may so fall out that more goods might come to his hands sithence that time which if the plaintiffe can shew by way of replication then excep the haue a more especiall plee or barre to alleadge he is to be condemned in the action See also Plowden in the case aofre named fo 28. a. b. and Brooke titulo Barre nu
and true inquisition make as well of swornemen as vnsworne in euerie bayliwick both in the north bayle and south bayle of this forest and of all maner of trespasses done either to vert or venison I shall truly endeavour my selfe to attach or cause them to be attached in the next court Attachement there to be presented without any concealment had to my knowledge so helpe me God c. Bracton otherwise called Henry of Bracton was a famous lawyer of this land renowmed for his knowledge both in the common and civill lawes as appeareth by his booke every where extant He liued in the daies of Henry the third Stawn praero fo 5. b. and as some say Lord cheife Iustice of England Bread of treate and bread of coket anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broade This word Bracton vseth li. 3. tracta 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there finde word for word it is as we now speake two long and two broad or two in length and two in breadth Breuibus ra ãâ¦ã liberandis is a writ or mandat to a Shyreeue to deliuer vnto the newe Shyreeue chosen in his roome the county with the appertenances together with the rols briefes remembrances and all other things belonging to that office Register original fo 295. a. Bribours commeth of the french bribeur i. mendicus It seemeth to signifie with vs one that pilfreth other mens goods anno 28. Ed. 2. stat 1. ca. vnico Brief breve commeth from the French brefou breif i. brevis and in our common lawe signifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the king in writing issuing out of any court whereby he commaundeth any thing to be done for the furtherance of iustile or good order The word is vsed in the ciuile lawe some time in the singular number and masculine gender as l. vlt. Coa de conueniendis fisci debitoribus li. 10. tit 2. you haue these words Inter chartulas confiscati brevis quidam adseueratur inveÌtus qui nomina coÌtinebaâ debitoruÌ Where it is vsed for a short note Again I finde a title restored by Gothofred in the first booke of the Code de quadrimenstruis brevibus Quadrumenstrus autem breves erant qui de singulis indictionum pensionibus quarte quoque mense foâutis conficâeâ antur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorioretulisset c. And in the AutheÌtiques Novel 105. ca. 2. you haue this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Galbofred there noteth Where he noteth likewise out of Zonaras in Garthagin CoÌcilio that this is a greeke word thus ãâã ãâã ãâã ãâã ãâã See Skene de verbo signif verbo Breue Of these breifes see also Bracton li. 5. tract 5. ca. 17. nu 2. Breve quidem cùm sit formatum ad similitudinem regula iuris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula iuris rem quae est breviter charrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the french brigandine that is a coate of maile This is vsed anno 4. 5. Ph. Mar. ca. 2. Brigbote significat quietantiam reparationis pontium Fleta li. 1. ca. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that liued in the daies of K. Edward the first at whose commandemeÌt by whose authority he writ a learned booke of the lawe of this realme The tenure wherof runneth in the Kings name as if it had beene penned by himselfe answerably to the Institutions which Iustinian assumeth to himselfe though composed by others Stawnf prare fo 6. 21. S. Edward Cooke saith that this Britton writ his booke in the fifte yeare of the said King reigne li. 4. fo 126. a. lib. 6. fo 67. a. M. Guin in the preface to his reading mencioneth that this Iohn Britton was bishop of Hereford Broke commonly called S. Robert Broke was a greate lawyer and lord chiefe Iustice of the coÌmon plees in Queene Mar. ãâã time Cromptons Iustices of peace fo 2â b. he made an abbridgement of the whole lawe a booke of highe accoumpt Broker brocarnis seemeth to come from the French broieur tritor that is a gryneder or breaker into small peaces Because he that is of that trade to deall in maters of mony and marchandise betwene Englishe men and Strangers doth draw the bârgaine to particulars and the parties to conclusion not forgetting to grinde out somthing to his owne profit Those men be called broggers anno 10. R. 2. ca. i. It may not improbably be said that this word commeth from carder i. cavillari because these kinde of men by their deceitfull ãâ¦ã ches and abusing their true made many times inuegle others In Scotland they be called broccary and in their owne idiome blockers or brockers that is mediators or intercessors in any traÌsaction paction or contract as in buying or selling or in contractting mariage Skene de verbo signi verbo broccarij He that will know what these brokers were wont ought to be let him read the statut anno 1. Iacobi ca. 21. These in the civile lawe are called proxenetae as also of some licitatores mediatores titulo de proxeneticis in Digestis This kind of dealer is also of the Romanes called pararius Senece li. 2. de benef ca. 22. Caelius Rhideginus libro 6. ca. 32. li 3. cap. 35. Broderers commeth of the French brodeur and that commeth of bordure i. fimbria limbus the edge or hemme of a garmet And that because it is distinguished froÌ the rest most coÌmoÌly by some conceipted or costly worke he that worketh it is called brodeur in French and broderor or embroderer with vs. Brode halpeny commeth of the three Saxon words bret or bred ãâã aboord and halve that is for this or that cause cuius rei gratie as the Latinists speake and penning it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market From the which they that are freed by the Kings Charter had this word mentioned in there leters patents In so much as at this day the freedome it selfe for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatio It signifieth with vs a tribute contribution or ayde toward the mending or reedifiing of bridges whereof many are freed by the kings charter And thereupon the word is vsed for the very libertie or exemptioÌ from this tribute
See Pontage Brigbote Bull bulla seemeth to come from the Greeke ãâã ãâã ãâã ãâã ãâã i. consilium as Polidorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the leters by the Canonists called Apostolique strengthened with a leaden seale and containing in them the decrees or commandements of the Pope or bishop of Rome The word is vsed many times in our Statutes as anno 28. H. 8. cap. 16. anno 1. 2. Ph. Ma. ca. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with vs gold or siluer in the masse or billet anno 9. Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whether such gold in the lumpe is brought to be tryed or exchanged anno 27. Ed. 3. stat 2. cap. 14. anno 4. H. 4. cap. 10. See Skene de verbo signif verbo Bullion Burghote commeth of burg i. castellum and bote i. compensatio and signifieth a tribute or contribution toward the building or repairing of castels or walles of defence or toward the building of a borow or city FroÌ this diuers had exemption by the auncient charters of the Saxon kings Whereupon it is taken ordinarily for the exemption or libertie it selfe Rastals expos of words Fleta hath these words of it Significat quiet antiam reparationis murorum civitatis vel burgi li. 1. cap. 47. Burgh English See Borow English Burgage burgagium is a tenure proper to cities townes whereby men of cities or borowes hold their lands or tenements of the King or other Lord for a certaine yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. nu 6. Burglarie burglaria is compounded of two French words bourg i. pagus villa and larecin i. furtum or of bourg laron Coke lib. 4. fol. 39. b. It is according to the acceptance of our common lawe thus defined Burglarie is a felonious entring into another mans dwelling house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steale somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offender be to steale this is like robberie if to murder it differeth not much from murder and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the naturall signification of the word is nothing but the robbing of a house but as it is vox artis our common Lawyers restraine it to robbing a house by night or breaking in with an intent to robbe or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Iustice of peace fol. 28. b. fol. 29. 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings butler by vertue of his office may take of euery shippe anno 1. H. 8. cap. 5. For the which see more in Botyler C CAblish cablicin among the writers of the Forest lawes signifieth brush wood Manwood parte pag. 84. Cromptons Iurisd fol. 165. Calamus is a cane reed or quill the diuers kinds wherof you haue set downe in Gerards Herball lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1. Iacobi cap. 19. Calendrin of Worsseds anno 5. H. 8. cap. 4. anno 35. eiusdem cap. 5. Cantred is as much in Wales as an hundred in England For Cantre in the British tongue signifieth centum This word is vsed anno 28. H. 8. cap. 3. Cape is a writ iudiciall touching plee of land or tenements so tearmed as most writs be of that word in it selfe which carieth the especiallest intention or end thereof And this writ is diuided in Cape magnum Cape parvum both which as is before said in Attachment take hold of things immoueable and seeme to differ betweene themselues in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the tenent to aunswer to the default and ouer to the demaundant Cape parvum summoneth the tenent to aunswer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161. 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a iudiciall and lyeth where a man hath brought a Praecipe quod reddat of a thing that toucheth plee of land and the tenent make default at the day to him giuen in the writ originall then this writ shall goe for the king to take the land into the kings hands and if he come not at the day giuen him by the grand Cape he hath lost his land c. A president and forme of this writ you may see in the Register iudiciall fol. 1. b. It seemeth after a fort to containe in it the effect unssionis in possessionem ex primo secundo decrete among the Civilians For as the first decree seiseth the thing and the second giueth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the partie a farder day of appearance at which if he come not in the land is forfeited Yet is there difference betweene these two courses of the ciuill and coÌmon lawe first for that missio in possessionem toucheth both moueable and immoueable goods whereas the cape is extended only to immoueable secondly that the partie being satisfied of his demaund the remanet is restored to him that defaulted but by the cape all is seised without restitution thirdly missio in possess is to the vse of the partie agent the cape is to the vse of the king Of this writ and the explication of the true force and effect thereof reade Bracton lib. 5. tract 3. cap. 1. num 4. 5. 6. See Cape ad valentiam Cape parvum in the Old na br fol. 162. is thus defined This writ lyeth in case where the tenent is summoned in plee of land and commeth at the summons and his appearance is of record and after he maketh default at the day that is giuen to him then shall goe this writ for the king c. Of this likewise you haue the form in the Register iudiciall fol. 2. a. Why it is called cape parvum see in cape magnum Of both these writs reade Fleta lib. 6. cap. 44. ãâã Magnum seqq Cape ad Valentiam is a species of cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161. 162. it is thus defined or described This writ lyeth where any
impleaded of certaine lands and I vouch to warrant another against whom the summons ad warrantizandum hath bene awarded and the Shyreeue commeth not at the day giuen then if the demandant recouer against me I shall haue this writ against the vouchee and shall recouer so much in value of the land of the vowchee if he haue so much and if he haue not so much then I shall haue execution of such lands and tenements as descend vnto him in fee-simple or if he purchase afterward I shall haue against him a resummons and if he can nothing say I shall recouer the value And note ye that this writ lyeth before apparence Thus farre goeth the booke Of these and the diuers vses of them see the Table of the Register iudiciall verbo Cape Capias is a writ of two sortes one before iudgement called Capias ad respondendum in an action personall if the Shyreeue vpon the first writ of distresse returne nihil habet in baliua nostra and the other is a writ of execution after iudgement being also of diuers kindes viz. Capias ad satisfaciendum Capias pro fine Capias vtlagatum Capias vtlaga ãâ¦ã inquiras de bonis catallis Capias ad satisfaciendum is a writ of execution after iudgement lying where a man recouereth in an action personall as debt or dammages or detinew in the kings court and he against whome the debt is recouered and hath no lands nor tenemeÌts nor sufficient goods wherof the debt may be leuied For in this case he that recouereth shal haue this writ to the shreue commanding him that he take the body of him against whome the debt is recouered and he shal be put in prison vntill satisfaction be made vnto him that recouered Capias pro fine is where one being by iudgement fined vnto the king vpon some offence committed against a statut doth not discharge it according to the iudgement For by this is his body taken and committed to prison vntill he content the king for his fine Coke li. 3. fo 12. a. Capias vtlagatum is a word of execution or after iudgement which lyeth against him that is outlawed vpon any suite by the which the shyreue vpon the receite thereof apprehendeth the party outlawed for not appearring vpon the exegend and keepeth him in safe custodie vntill the day of returne assigned in the writ and then presenteth him vnto the court there farder to be ordered for his contempt Capias vtlagatum inquiras de bonis catallis is a writ al one with the former but that it giueth a farder power to the shyreeue ouer and beside the apprehension of the body to inquire of his goods and cattels The forme of all these writs see in the ould nat br fo 154. and see the Termes of law verbo Proces Lastly you may finde great variety of this kinde in the table of the Register iudiciall verbo Capias Capias in Withernamium de averijs is a writ lying for catell in Withernam Register orig fo 82. 83. see Withernam Capias in Withernamium de homine is a writ that lyeth for a seruant in Withernam Regist or fo 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking vp of such as hauing receiued prest mony to serue the king slink away and come not in at their time assigned Register orig fo 191. Captaine alià s capitayne capitaneus commeth of the French capitaine and signifieth with vs him that leadeth or hath charge of a companie of souldiers and is either generall as he that hath the gouernance of the whole host or speciall as he that leadeth one only band The word capitanei in others nations signifieth more generally those that are in latine called principes or proceres because as Hottoman saith in verbis feudalibus tanquaÌ caput reliquo corpori sic hij reliquis civibus praesunt He divideth them into two sorts and to vse his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelliguÌtur li. 1. feudo tit 1. § 1. ti 7. Alii impropriè qui vrbiuÌ praefecti sunt quibus plebs ab aliquo superiorum gubernanda committitur qui vallasores regit maiores appellantur l. 1. feud tit 1. § 1. tit 7. tit 17. So we haue captaines of castels heere in England and other places as of the Isles of Gearsey and Gearnsey of the Isle of Weight c. Capite is a tenure which holdeth immediately of the king as of his crown be it by knights seruice or socage Broke tit Tenures 46. 94. Dyer fo 123. nu 38. fo 363. nu 18. not as of any Honour castell or maner and therefore it is otherwise called a tenure that holdeth meerely of the king because as the crowne is a corporation and seigneury in grosse as the common lawyers terme it so the King that possesseth the crowe is in accoÌpt of lawe perpetually King and neuer in his minoritie nor neuer dieth no more then populus doth whose authoritie he beareth See Fitzh nat br fo 5. F. Note by the way that a man may hold of the king and not in Capite that is not immediately of the crowne in grosse but by meanes of some Honour castel or maner belonging to the Crowne wherof I hold my land Whereof Kitchin saith well that a man may hold of the King by Knight seruice and yet not in capite because he holdeth happily of some honour by Knights seruice which is in the kings hands as by descent from his auncesters and not immediately of the king as of his crowne fo 129. with whome agreeth Fitzh nat br f. 5. K. whose words are to this effect So that it plainely appeareth that lands which be held of the king as of an honour castell or maner are not held in capite of the King because that a writ of right in that case shall be directed to the bayliffe of the honour castell or maner c. but when the lande be held of the King as of his crowne then they be not held of honour castell or maner but meerely of the King as King and of the Kings crowne as of a seigneury of it selse in grosse and the cheife aboue all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. n. 37. Author of the new termes verb. Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hould of the person of the King and not in capite His example is this if the King purchas a maner that I. S. houldeth the tenent shall hould as he held before and shall not render liuery or primier seisin nor hould in capite And if the king graunt that maner to W. N. in fee excepting the seruices of I. S. then I. S. holdeth of
the king as of the person of the king and yet houldeth not in caepite but as he held before So that by this booke tenuere houlding of the person of the king and tenure in capite are two diuers tenures To take away this difficulty I thinke M. Kitchin is in that place to be taken as if he saide not in capite by Knights seruice but by socage folowing the vsuall speech because most commonly where we talke of tenure in capite we meane tenure by Knights seruice Carno Cromptons iurisd fol. 191. is an imunity Carke seemeth to be a quantititie of wolle whereof thirtie make a Sarpler anno 27. H. 6. ca. 2. See Sarpler Carrack alià s Carrick seemeth to be a shippe of burden so called of this Italian carrico or carco a burden or charge or of the spanish cargo you haue this word anno 2. R. 2. ca. 4. anno 1. Iaco. ca. 33. Carroway seedes alià s Carruway seedes semen cari vel carei is a seed springing of the herbe so called of whose operation you may read in Gerards herball li. 2. ca. 396. It is reckoned among the merchandize that ought to be garbled anno i. Iaco. ca. 19. Carue of land carucata terrae commeth of the French charue i. aratrum and with vs is a certaine quantitie of land by the which the subiects haue some time bene taxed wherevpon the tribute soe leuied is called Carvage Caruagium Bracton li. 2. ca. 16. nu 8. It is all one with that which the same author lib. 2. ca. 17. calleth carucatam terrae For Litleton ca Tenure in socage saith that haec soca socae idem est quod caruca sc one sok or one plow land Yet one place I finde in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time king Henry tooke carvage that is to say two merks of siluer of euery knights fee toward the mariage of his sister Izabell to the Emperor where caryage cannot be taken for a plow land except there were some other farder division whereby to raise of euery plowe land so much and so consequently of euery Knights fee that is of euery 680. acres two merkes of siluer Rastall in his Exposition of words saith that caruage is to be quite if the lord the King shall taxe all the land by carues that is a priuiledge whereby a man is exempted froÌ carvage Skene de verb. signif ver Carucata terrae deriueth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a yere and day with one plough which also is called hilda or hida terrae a word vsed in the old Britaine lawes M. Lamberd among his precedents in the end of his Eirenarcha translateth carucatuÌ terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certaine blacke round and long cods wherein is contained a pulpe soft pleasantly sweet seruing for many vses in Phisick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruite is mentioned in the statute anno 1. Iacob cap. 19. among drugges and spices that be to be garbled Cassia lignea is a sweet wood not vnlike to Cynamom and sometime vsed in steede of Cynamom Whereof you may read in Gerards Herball lib 1. ca. 141. This is called Cassia lignum in the Statute anno 1. Iacob cap. 19 and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captaine sometime called a Constable of a castell Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. iÌn like maner is it vsed anno 3. Ed. 1. cap. 7. In the bookes de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that haue the custodie of the Kings mansion houses called of the Lumbards curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest lawes pag. 113. saith that there is an officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laide vpon such of the kings subiects as dwell within a certaine compasse of any castell toward the maintenance of such as doe watch and ward the castell Magna charta cap. 20. anno 32. H. 8. cap. 48. It is vsed sometime for the very circuit it selfe which is inhabited by such as are subiect to this seruice as in Stowes annals pag. 632. Casu consimili is a writ of entrie graunted where the tenent by courtesie or tenent for terme of life or for the life of another doth alien in fee or in tayle or for tearme of anothers life And it hath the name of this for that the Clerkes of the Chauncerie did by their common consent frame it to the likenesse of the writ called In casu prouiso according to their authoritie giuen them by the Statute Westm 2. cap. 24. which as often as there chanceth any new case in Chancerie something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads together and to frame a new forme aunswerable to the new case and as like some former case as they may And this writ is graunted to him in the reuersion against the party to whom the said tenent so alienateth to his preiudice and in the life time of the said tenent The forme and effect whereof reade more at large in Fitz. nat br fol. 206. Casu proviso is a writ of entry giuen by the Statute of Glocecester cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life or in taile and lyeth for him in reuersion against the alienee Whereof reade F ãâ¦ã cat br more at large fol. 205. Catals catalla aliâs chatels coÌmeth of the Normans For in the 87. chapter of the grand Custumarie you shal find that al moueable goods with them are called chatels the contrary whereof is fief ibid. which we do call fee. But as it is vsed in our common law it comprehendeth all goods moueable and immoueable but such as are in the nature of free hould or parcell thereof as may be gathered out of Sawnf praero ca. 16. and anno Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla fo 32. saith that ready mony is not accompted any goods or catels nor haukes nor houndes The reason why hawks and hounds be not he giueth because they be ferae naturae why money is not though he set not downe the cause yet it may be gathered to be for that money of it selfe is not of worth but as by coÌsent of men for their easier traficke or permutation of things necessary for common life it is reckoned a thing rather consisting in imagination then in deede Catals be either personall
or reall Personall may be so called in two respects one because they belong immediatly to the person of a man as a bowe horse c. the other for that being any way withheld iniuriously from vs we haue no meanes to recouer them but by personall action Chatels reall be such as either appertain not immediatly to the person but to some other thing by way of dependencie as a boxe with charters of land the body of a ward apples vpon a tree or a tree it selfe growing on the ground Cromptons Iustice of peace fo 33. B or els such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearme of yeares Also to hould at will is a chatell reall New tearmes verbo Chatell The ciuilians comprehend these things as also lands of what kin de or hould so euer vnder bona bona auteÌ diuiduntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208 ãâã de verb. significa interpretes ibidem Bract. also ca. 3. li. 3. nu 3. 4. seemeth to be of the same iudgement Catallis captis nomine districtionis is a writ which lyeth within a borowe or within a house for rent going out of the same and warranteth a man to take the doores windowes or gates by way of distresse for the rent Old nat br fo 66. Catallis reddendis is a writ which lyeth where goods being deliuered to any man to keepe vntill a certaine day and be not vpon demande deliuered at the day And it may be otherwise called a writ of detinew See more of it in the Register orig fo 139. and in the ould nat br fo 63. This is answerable to actio depositi in the ciuile lawe Catchepolle though it now be vsed as a word of contempt yet in auncient times it seemeth to haue bene vsed without reproch for such as we now call sergeants of the mace or any other that vse to arrest men vpon any cause anno 25. Ed. 3. stat 4. ca. 2. Cathedrall See church Casu matrimonii praelocuti is a writ which lyeth in case where a woman giueth lands to a man in fee simple to the intent he shall mary her and refuseth so to doe in reasonable time being required thereunto by the woman The forme and farder vse hereof learne in the Register orig fol. 233. and in Fitzh nat br fo 205. Causam nobis significes is a writ which lyeth to a Mayer of a towne or city c. that formerly by the kings writ being commaunded to giue seisin vnto the kings grantee of any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke li. 4. casu communalty des Sadlers fo 55 b. Cautione admittenda is a writ that lyeth against the Bishop houlding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy church from thence forth The forme and farder effect whereof take out of the Regist orig pa. 66. and Fitzh nat br fol. 63. Century centuria See Hundred Cepi corpus is a returne made by the Shyreue that vpoÌ an exigeÌd he hath taken the bodie of the partie Fitzh nat br fo 26. Certiorari is a writ issuing out the chauncerie to an inferiour courte to call vp the records of a cause therein depending that conscionable iustice therein may be ministred vpon complaint made by bill that the partie which seeketh the said writ hath receiued hard dealing in the said court Termes of the lawe See the diuers formes and vses of this in Fitzh nat br fo 242. as also the Register both originall and iudiciall in the tables verbo Certiorari CromptoÌ in his Iustice of peace fo 117. saith that this writ is either returnable in the Kings bench and then hath these wordes nobis mittatis or in the chauncerie and then hath in cancellaria nostra or in the common bench and then hath Iusticiariis nostris de banco The word certiorare is vsed diuers times in the digest of the ciuile lawe but our later Kritiques think it soe barbarouse that they suspect it rather to be foisted in by Tribonian theÌ to be originally vsed by those men of whose workes the saide digest is compiled Prataeus in suo lexico Certificat certificatoriuÌ is vsed for a wirting made in any courte to giue notice to another courte of any thing done therein As for example a certificate of the cause of attainte is a transcript made briefely and in few words by the clerke of the Crowne clerke of the peace or clerke of assise to the courte of the Kings benche conteying the tenure and effect of everie endictment outlawrie or conviction and clerke attained made or pronounced in any other court an 34. H. 8. c. 14. Of this see more in Certificat d'evesque Broke f. 119. Certification of assise of novel dissessin c. Certificatio assisae novae disseisinae c. is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices and is called certificatione novae disseisine Old nat br fo 181. Of this see also the Register Original fo 200. and the newe booke of entrise verbo Certificat of assise This word hath vse where a man appearing by his bayliffe to an assise brought by another hath lost the day and hauing something more to pleade for himselfe as a deede of release c. which the bayliffe did not or might not pleade for him desireth a farder examination of the cause either before the same Iustices or others and obteineth leters patents vnto them to that effect The forme of these leters patents you may see in Fitzh nat br fo 181. and that done bringeth a writ to the Shyreeue to call both the party for whome the assise passed and the Iurie that was empaneled vpon the same before the said Iustices at a certaine day and place And it is called a certificate because in it there is mention made to the Shyreeue that vpon the parties complainte of the defectiue examination or doubts yet remaining vpon the assise passed the King hath directed his leters pateÌts to the Iustices for the beter certifiing of themselues whether all points of the said assise were duly examined yea or not See farder old nat br and Fitzh vbi supra Of this also you may reade Bracton li. 4. ca. 19. nu 4. in fine 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices li. 3. ea finali § en eyde des memoyres c. Certificando de recognitions Stapulae is a writte directed to the Mayor of the staple c. coÌmaunding him to certifie the chaunceler of a statute of the staple taken before him betweene such and such in case where
the partie himselfe detaineth it and refuseth to bring it in Regist orig fo 152. b. In like maner may be said of certificando de statuto mercatorio eodem fo 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fo 195. and certificando quando recognitio c. and certificando quid actum est de breui super statutum mercatorium fo 151 certificando si loquela Warantiae fo 13. Cessor is he that ceseth or neglecteth so long to performe a dutie belonging vnto him as that by his cesse or cessing he incurreth the daunger of lawe and hath or may haue the writ cessavit brought against him Old nat br fo 136. And note that where it is saide in diuers places the tenent cesseth without any more words such phrase is so to be vnderstood as if it were said the tenent ceseth to doo that which he ought or is bound to doe by his land ortenement Cessavit is a writ that lyeth in diuers cases as appeareth by Fitzh nat br fo 208. vpon this generall grounde that he against whome it is brought hath for 2. yeares foreslowne to performe such seruice or to pay such rent as he is tied vnto by his tenure and hath not vpon his land or his tenement sufficient goods or catells to be distreined Consult more at large with Fitz. vpon this vbi supra with Fleta li. 5. ca. 34. § visa sunt and with the Termes of lawe See Cessauit de cantaria Register orig fo 238. Cessavit de feodi firma eodem fo 237. Cessavit per biennium eodem folio etiam eodem See the newe booke of entrise verbo Cessavit Cestui qui vie is in true French cestui a vie de qui i. he for whose life any land or renement is graunted Perkins graunts 97. Cestui qui vse ille cuius vsui vel ad cuius vsum is broken french and thus may be bettered Cestui al vse de qui It is an ordinarie speech among our common lawyers signifying him to whose vse any other man is infeoffed in any lands or tenements See the newe booke of entrise verbo vses and in Replevin fo 508. colum 3. verbo Trespas fo 606. fo 123. a. b. colum 3. nâ 7. Chafe waxe is an officer in chauncery that fitteth the waxe for the fealing of the writs and such other instruments as are there made to be sent out This officer is borowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser 1. sectari belluas apros cervos It signifieth two things in the commoÌ lawe First as much as actus in the civil lawe that is a dryving of catell to or from any place as to chase a distresse to a fortlet Old nat br fo 45. Secondly it is vsed for a receite for deere and wilde beasts of a middle nature betweene a forest and a parke being commonly lesse then a forest and not endued with so many liberties as the courtes of attachment Swaine mote and Iustice seate and yet of a larger compas and stored with greater diuersity both of keepers and wilde beasts or game then a park And Crompton in his booke of Iurisdictions fo 148. saith that a forest cannot be in the hands of a subiect but it forthwith looseth the name and becommeth a chase and yet fo 197. he saith that a subiect may be lord and owner of a forest which though it seeme a contrariety yet be both his sayings in some sort true For the king may giue or alienate a forest to a subiect yet so as when it is once in the subiect it leeseth the true property of a Forest because that the courts called the Iustice seate the Swain mote and Attachment foorthwith doe vanish none being able to make a Lord chiefe Iustice in Eyre of the Forest but the king as M. Manwood well sheweth parte 2. of his Forest lawes cap. 3. 4. And yet it may be granted in so large a maner that there may be Attachement and Swainemote and a court equiualent to a Iustice seat as appeareth by him in the same chapter num 3. So that a chase differeth from a Forest in this because it may be in the hands of a subiect which a Forest in his proper true nature cannot and from a Parke in that that it is not inclosed and hath not onely a larger compasse and more store of game but of Keepers also and ouerseers See Forest Chalenge calumnia commeth of the French chalanger i. sibiasserere and is vsed in the commoÌ lawe for an exception taken either against persons or things persons as in assise to the Iurors or any one or more of them or in a case of felonie by the prisoner at the barre Smith de rep Anglor lib. 2. cap. 12. Britton ca. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration old nat br fol. 76. Chalenge made to the Iurours is either made to the array or to the polles Chalenge to the array is when the whole number is excepted against as partially empaneled chalenge to or by the polle when some one or more are excepted against as not indifferent Termes of the law Chalenge to the Iurours is also divided into Chalenge principall and Chalenge per cause i. vppon cause or reason Chalenge principall otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the lawe alloweth without cause alledged or farder examination Lamberd Eirenar lib. 4. cap. 14. as a prisoner at the barre arraigned vpon felonie may peremptorily chalenge to the number of 20. one after another of the Iurie empaneled vpon him alledging no cause but his owne dislike and they shall be still put off and new taken in their places But in case of high treason no Chalenge peremptorie is allowed an 33. H. 8. cap. 23. Fortescue saith that a prisoner in this case may chalenge 35. men c. 27. but that law was abridged by anno 25. H. 8. cap. 3. I cannot here omit to note some difference that in mine opinion I obserue betweene Chalenge principall and Chalenge peremptorie finding peremptorie to be vsed onely in maters criminall and barely without cause alledged more then the prisoners owne phantasie Stawnf pl. cor fol. 124. but principall in ciuill actions for the most part and with naming of some such cause of exception as being found true the lawe alloweth without farder scanning For example if either partie say that one of the Iurors is the sonne brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farder examination of the parties credit And how farre this chalenge vpon kinred reacheth you haue a notable example in Plowden casu Vernon against Maners fol. 425. Also in the plee of the death of a man
capriuis pellibus quibus olim altaria tegebantur secundùm Archidiaconum Arbitrarer a simplici tecto quo oratorium campestre operitur lateribus vndiquaque patentibus patulis Tectum enim Gallis simpliciter dicitur chapelle a capite Vnde formata aliqua nomina chapean cape c Aut capella locus qui minoris spatii sit quam ecclesia quòd tot homines non capiat vt ecclesia Ita altare capella est ca. quaesitum ca. penult i. quaest 3. Iohan. Andraeas in ca. i. de succes ab intesta praebenda cum onere quotidie celebrandi sacram liturgiam ca. significatum 11. de praebend oratorium ca. authoritate de privilegiis in 6. quòd in co loco orationes non aliae res profanae peragi debeant ca. pen. fina 42. distinct The same author in his booke de beneficiis ca. 11. nu 10. hath these words Dicti porro primitùs capellani a cappa Sancti Martini quam Reges Francorum ob adiutorium in praelus solebant secum habere quam ferentes custodientes cum caeteris sanctorum reliquiis clerici capellani caeperunt vocari vr omnia refert Valafridus Strabo Abbas Augensis ca. fina de incrementis rerum ecclesiastica There is of these chapels one kinde called a free chapell which seemeth to be such as hath maintenance perpetuall toward the vphoulding thereof and wages of the curate by some land charitablely bestowed on it without the charge of the rector or parishe anno 37. H. 8. cap. 4. anno 1. Ed. 6. ca. 14. Chapellaine capellanus is he that performeth diuine seruice in a chappell and therefore in our common law it is vsed most ordinarily for him that is depending vpon the king or other man of worth for the instruction of him and his family the executing of praiers and preaching in his priuate house where commonly they haue a chappell for that purpose as anno 21. H. 8. ca. 13. where it is set downe what persons may priuiledge one or moe chaplaines to discontinew from their benefices for their particular seruice Chapiters capitula commeth of the French chapitre 1. caput libri It signifieth in our common lawe a summary or content of such matters as are to be inquired of or presented before Iustices in Eyre Iustices of assise or of peace in their sessions Soe is it vsed anno 3. Ed. 1. ca. 27. in these words and that no clerke of any Iustice Escheatour or Commissioner in Eyre shall take any thing for deliuering chapiters but onely clerkes of Iustices in their circuits and againe anno 13. eiusdem ca. 10. in these words and when the time commeth the shyreeue shall certifie the chapiters before the Iustices in Eire how many writs he hath and what c. Britton likewise vseth the same worde in this signification ca. 3. Chapiters or capitula be now called articles most ordinarily and are deliuered as well by the mouth of the Iustice in his charge as by the clerks in wrighting to the enquest whereas in auncient times as appeareth by Bracton and Britton they were after an exhortation giuen by the Iustices for the good obseruation of the lawes and kings peace first red distinctly and opeÌly in the whole court and then deliuered in writing to the grand enquest And the same order doth M. Lamberd wish to be kept in these daies also Eirenar li. 4. ca. 4. pa. 393. Horn in his mirrour of Iustices calleth them articles and expresseth what they were wont to containe li. 3. ca. des articles in Eire An exaÌple of these chapters or articles you haue in the booke of assises fo 138. nu 44. as also in Roger Houeden parte poster suorum annal in Richardo primo fo 423. Chapter capitulum signifieth in our common lawe as in the canon lawe whence it is borowed congregationem clericorum in ecclesiae cathedrali conuentuali regulari vel collegiata and in another signification locum in quo fiunt communes tractatus collegiatorum It hath other significations though not greatly worth the repeating in this place which you may read in Linwods prouineials glos in ca. quia in contineÌtiae de constitutionibus verb. Capitulis Why this collegiat companie should be called capitulum of the canonists a man may make a question and for answer it may be said that it is metaphorically so termed the word originally signifiing a litle head For this companie or corporation is a kinde of head not onely to rule and gouerne the dioces in the vacatioÌ of the Bishoprick but also in many things to advise the Bishop when the See is full See Panormitan in ca. capitulum extra de rescriptis Charta perdonationis se defendendo is the forme of a pardon for slaying another in a mans owne defence Register original fo 287. Chartae perdonationis vtlagariae is the forme of a pardon for a man thatis outlawed Reg. orig fo 288. 38â Charter charta commeth of the French chartres i. instrumenta It is taken in our lawe for written evidence of things done betweene man and man whereof Bracton lib. 2. ãâã ca. 16. num 1. saith thus Fiunt aliquando donationes in scriptis sicut in chartis ad perpetuam rei memoriam propter brevem hominum vitam c. a litle after nu 12. Et sciendum quòd chartaruÌ alia regia alia privatorum regiarum alia privata alia communis alia vniuersalis Item priuatorum alia de puro feoffamento simplici alia de feoffamento conditionali sive conventionali secundùm omnia genera feoffamentorum fieri potest Item privatorum alia de recognitione puravel conditionali Item alia de quiete-clamantia Item alia de confirmatione c. and so thorough the chapter Britton likewise in his 39. chapter diuideth charters into the charters of the King and charters of priuate persons Charters of the King are those whereby the King passeth any graunt to any person or more or to any bodie politique as a charter of exemption that a man shall not be empaneled vpon any Iurie Kitchin fo 114. fo 177. charter of pardon whereby a man is forgiuen a felonie or other offence committed against the Kings crowne and dignitie Broke tit charter of pardon Charter of the forest wherein the lawes of the forest are comprised anno 9. H. 3. Cromptons Iurisd fo ãâã 47. Pupilla oculi parte 5. ca. 22. Manwood parte 1. of his forest lawes fo i. where he setteth downe the charters of of Canutus and fo 17. where he hath set downe that which was made anno 9. H. 3. with the charter of the forest which we vse M. Skene saith that the lawes of the forest in Scotland doe agree de verbo signif verbo Venison Charter of land Broke codem titulo That which we call a charter the Lombards in libris feudalibus call praeceptuÌ praeceptionem Hotama verbo praeceptuÌ in verbis feudalibus Of these charters you haue
his 30. chapter saith in the Kings person to this effect we will that none haue measures in the realme but we our selues but that every man take his measures and weights from our standards and so goeth on with a tractat of this mater that well sheweth the auncient law and practise in this poynt Touching this officers dutie you haue also a good statut anno 13. R. 2. cap. 4. Clerk of the Kings siluer clericus argenti Regis is an officer belonging to the court of common plees vnto whome euerie fine is brought after it hath beene with the custos brevium and by whome the effect of the writ of couenant is entred into a paper booke and according to that note all the fines of that terme are also recorded in the rolles of the court And his entrie is in this forme He putteth the Shire ouer the margen and then saith A. B. dat domino regi dimidiam merkam or more according to the value pro licentia concordandi C. cum C. D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the peace clericus pacis is an officer belonging to the sessions of the peace His dutie is in the sessions to reade the endictments to enrolle the acts and drawe the proces to record the proclamations of rates for servants wages to enrolle the discharge of apprentices to keepe the counterpaine of the indenture of armour to keepe the register booke of licences giuen to badgers and laders of corne of those that are licensed to shoote in guns to certify into the kings bench transcripts of indictments outlawries attainders and convictions had before the Iustices of the peace within the time limited by statute Lamberds eirenarcha li. 4. ca. 3. fo 379. Clerk of the signet clericus signetti is an officer attendant continually on his maiesties principall secretary who alwaies hath the custodie of the priuie signet as well for sealing his maiesties priuate leters as also such graunts as passe his maiesties hands by bill assigned Of these there be fower that attend in their course and haue their diet at the Secretaries table More largely you may reade of their office in the statute made anno 27. H. 8. ca. 11. Clerk of the priuie seale clericus priuati sigilli is an officer whereof there be foure in number that attendeth the Lord keeper of the priuie seale or if there be none such vpon the principal Secretarie writing and making out all things that be sent by warrant from the signet to the priuie seale and are to be passed to the great seale as also to make out as they are tearmed privie seales vpon any especiall occasion of his maiesties affaires as for loane of mony or such like Of this officer and his function you may read the statute anno 27. H. 8. ca. 11. He that is in these daies called the Lord keeper of the privie seale seemeth in auncient time to haue beene called clerke of the priuie seale and to haue beene reckoned in the number of the great officers of the realme Read the statute anno 12. R. 2. ca. 11. Clerk of the Iuries or iurata writs clericus iuratorum is an officer belonging to the court of the common plees which maketh out the writs called habeas corpora and distringas for appearance of the Iurie either in court or at the assises after that the Iurie or panell is returned vpoÌ the venire facias He entreth also into the rols the awarding of these writs and maketh all the continuance from the going out of the habeas corpora vntill the verdict be giuen Clerk of the pipe clericus pipae is an officer in the kings exchequer who hauing all accounts and debts due to the king delivered and drawne downe out of the Remembrancers offices chargeth them downe into the great rolle who also writeth suÌmons to the Shyreeue to levie the said debts vpon the goods and catels of the deptors and if they haue no goods then doth he drawe them downe to the L. treasurers remembrancer to write extreats against their lands The awncient revenew of the Crowne remaineth in charge afore him he seeth the same answered by the fermers shyreeues to the King He maketh a charge to al Shyreeues of their summons of the pipe and green-wax and seeth it answered vpon their accompts He hath the drawing and ingrossing of all leases of the Kings land Clerk of the hamper or hanaper clericus hanaperij is an officer in chawncerie anno 2. Fd. 4. ca. 1. otherwise called warden of the hamper in the same statute whose functioÌ is to receiue al the mony due to the kings maiestie for the seales of charters pateÌts commissions and writs as also feese due to the officers for enrolling examining the same with such like He is tied to attendance on the lord Chanceler or lord keeper daily in the terme time and at all times of sealing hauing with him leather bags wherein are put all charters c. after they be sealed by the Lord Chanceler and those bags being sealed vp with the lord Chancelers priuate seale are to be deliuered to the controller of the hanaper who vpon receipt of them doth as you shall reade in his office This hanaper representeth a shadowe of that which the Romanes termed fiscum that conteined the Emperours treasure Clerk of the plees clericus placitorum is an officer in the exchequer in whose office all the officers of the court vpon especiall priuiledge belonging vnto them ought to siew or be siewed vpon any action Clerk of the treasurie clericus thesaurariae is an officer belonging to the common plees who hath the charge of keeping the records of the courte and maketh out all the records of Nisi prins hath the fees due for all searches and hath the certifiing of all records into the the kings bench when a writ of errour is brought and maketh out all writs of Supersideas de non molestando which are graunted for the defendants while the writ of errour hangeth Also he maketh all exemplications of records being in the treasurie He is taken to be the servant of the chiefe Iustice and remoueable at his pleasure whereas al other officers are for terme of life There is also a Secondarie or vnder clerk of the treasurie for assistance which hath some allowances There is likewise an vnder keeper who alway keepeth one key of the treasury doore the chiefe clerke of the Secundarie another so the one cannot come in without the other Clerk of essoines clericus essoniorum is an officer belonging to the courte of common plees who onely keepeth the essoines rolle and hath for entring everie essoine sixe pence and for euery exception to barre the essoine in case where the partie hath omitted his time sixe pence He hath also the providing of parchment and cutting it out into rols and marking the numbers vpon them and the deliuerie out of all
is vsed in the common law for that which commeth in or is adhering of the side as collaterall assurance is that which is made ouer and beside the deede it selfe For example if a man couenant with another and enter bond for the performance of his couenant the bond is termed collaterall assurance because it is externall and without the nature and essence of the couenant And Crompton in his Iurisd fol. 185. saith that to be subiect to the feeding of the kings Deere is collateral to the soyle within the Forest In like maner may we say that the libertie to pitche boothes or standings for a Faire in another mans ground is collaterall to the ground The priuate woods of a common person within a Forest may not be cut without the kings licence For it is a prerogatiue collaterall to the soyle Manwood parte 1. of his Forest lawes pag. 66. Collaterall warrantie See Warrantie Collation of a benefice collatio beneficii signifieth properly the bestowing of a benefice by the Bishop that hath it in his owne gift or patronage and differeth from Institution in this for that Institution into a benefice is performed by the Bishop at the motion or presentation of another who is patron of the same or hath the patrons right for the time Extra de Institutionibus De concessione praebendarum c. And yet is collation vsed for presentation anno 25. Ed. 3. stat 6. Collatione facta vni post mortem alterius c. is a writ directed to the Iustices of the coÌmon plees commanding them to direct their writ to a Bishop for the admitting of a clerk in the place of another presented by the king that during the suit betweene the king and the Bishops clerk is departed For iudgment once passed for the kings clerk and he dying before he be admitted the king may bestow his presentation vpon another Register orig fo 31. b. Collatione heremitagii is a writ whereby the king conferreth the keeping of an ermitage vpon a clerk Register orig fo 303 308. Colour color signifieth in the common law a probable plee but in truth false and hath this end to draw the triall of the cause from the Iury to the Iudges Of this see two apt examples in the author of the new tearms Verbo Colour who also referreth you to the Doctor and student fo 158. c. See Broke tit Colour in assise trespas c. fo 140. Collusion collusio is in our common law a deceitfull agreemeÌt or compact between two or more for the one party to bring an action against the other to some euill purpose as to defraude a third of his right c. See the new tearms and Broke titulo Collusion See also one case of collusion in the Register orig fo 179. a. Combat duellum is a french word signifiing as much as certamen decertatio dimicatio discrimen praelium pugna but in our common law it is taken for a formall triall of a doubtfull cause or quarrell by the sword or bastons of two champions Of this you may reade at large both in diuers ciuilians as Paris de Puteo de remilitari duello Alciat de duello Hotomam disputatio feudalium ca. 42. and others as also in our common lawyers of England namely Glanuile li. 14. ca. 1. Bracton li. 3. tracta 2. ca. 3. Britton ca. 22. Horns mirrour of Iustices li. 3. ca. des exceptions in fine proxime ante c. IuramentuÌ duelli Dier fo 301. nu 41. 42. That this also was aunciently the law of the Lombards before they inuaded Italy which was about the yeare of our Lord 571 appeareth by Sigonius in his historie De regno Italiae lib. 2. de Ariâaldo rege who there reporteth that the said king hauing put away his wife Gundeberga vpon a surmise of adulterie with Tato Duke of Etruria at the priuate suggestion of Adalulphus a great man among the Lombards and being charged by Clotharius the king of France his Ambassadors of whose bloud she was that he had done her wrong he answered that he had done her no wrong Whereupon Ansoaldus one of the ambassadors replyed that they would easily beleeue him if he would suffer the truth to be tried by combat betweene some one of the Queens friends and her accuser according to the custome of the Lombards And the king yeelding vnto this Adalulphus was vanquished by one Pitto otherwise called Charles set foorth for the Queenes chaÌpion and she restored to her former place and honour Cominseede aliâs Cumin seed Semen cumini is a seede brought foorth by an hearbe so called which you may see described in Gerards Herball lib. 2. cap. 416. This is placed among the garbleable drugges anno 1. Iacob cap. 19. Comitatu commisso is a writ or a commission whereby the Shyreeue is authorized to take vpon him the swaye of the countie Regist orig fol. 295. a. b. and Co ãâ¦ã Reports li. 3. fol. 72. a. Comitatu castro commisso is a writ whereby the charge of a countie together with the keeping of a castell is committed to the Shyreeue Reg orig fol. 295. a. Commaundrie praeceptoria was by some mens opinion a maner or chiefe mefuage with which lands or tenements were occupied belonging to the Priorie of S. Iohns in Hierusalem in England and he which had the gouernement of any such maner or house was called the commaunder who had nothing to dispose of it but to the vse of the Priorie taking onely his sustenance thence according to his degree and was vsually a brother of the same Priorie Author of the new tearmes of lawe verbo Commaundrie By some other bookes it appeareth that the chiefe Prior of S. Iohns was a coÌmaunder of a Nunnerie and coÌstituted the Priores of the said Nunnerie who was vnder his obedience and remoueable at his will notwithstanding that shee had covent and common seale and had her possessions seuerall and was wont to lease the land for terme of yeares Fulbecks Paralels fol. 2. a. Of these commaÌdries also Petrus Gregorius lib. de beneficiis cap. 11. num 11. hath these words Praeceptoriae dictae commendae sacrorum militum ãâ¦ã eluti ordinis hospitalii Sancti Ioannis Hierosolymitani beneficia quidem secundum quid Ecclesiastica dic untur à Barbatia ad Clement causam col 51. de Electione Tamen non propriè dicuntur ex genere communium beneficiorum eo quòd personae conferentes quibus conferuntur non sunt laicae vel ecclesiasticae sed tertu ordinis De hiis beneficiis âfit mentio cap. exhibita de priuilegiis in extravag com in cap. Dudum de decimis These in many places of our realme are termed by the name of temples because they sometime belonged to the Templers Of these you reade ann 26 H. 8. cap. 2. anno 32. eiusd ca 24. And of these the said Gregorius Tolosanus li. 15. sui syntagmatis cap. 34. hath these words Monuimus superiori capite
beneficiuÌ iusve habere in beneficio aut canonicum titulum censebuur vti nec depositarius in re deposita wherof also Petrus Gregorius de beneficiis ca. 10. nu 13. thus writeth In hac quarta divisione potest adds tertium genus beneficii quod citra praescriptionem qualitatis a persona alterius qualitatis quà m beneficium exigat naturâ possidetur sed sine praeiudicio naturae beneficii per dispensationem eo commendato olim ad tempus certum certae personae hodie vt plerunque quà m diu commendatarius vixerit Vocant hoc beneficium commendatum commendam vt si regulare beneficium á Summo Pontisice conferatur nomine commeÌdae saeculari Nam ideo non mutatur beneficii natura nec fit ideo saeculare c. And a little after Interim annotabimus duplici de causa fieri commendam ecclesiae nempe vel in vtilitatem ecclesiae vel commendatarii In primo commenda titulum non dat beneficii commendatario dicitur potius custodia quae revocari potest quod repugnat naturae beneficii quod est perpetuum In secundo autem casu beneficium censetur in vtilitatem commendatarii commeÌda facta quam possidere potest quà m diu vixerit c. whome you may also read ca. 2. li. 13. Commissarie coÌmissarius is a title of ecclesiasticall iurisdiction appertaining to such a one as exerciseth spirituall iurisdiction at the least so farre as his commission permitteth him in places of the dioces so farre distant from the cheife citie as the chanceler cannot call the subiects to the Bishops principall consistorie without their to great molestation This commissarie is of the canonists termed commissarius or officialis foraneus Lyndwoods provin ca. 1. de accusatio ver bo Mandatum archiepiscopi in glos and is ordeined to this especiall end that he supply the bishops iurisdiction and office in the out places of the dioces or els in such parishes as be peculiars to the bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there be archedeacons that haue iurisdiction within their archdeaconries as in most places they haue there this commissarie is but superfluous and most commonly doth rather vexe and disturb the country for his lucre then of conscience seeke to redresse the liues of offenders And therefore the Bishop taking prestation mony of his archdeacons yearely pro exteriori iurisdictione as it is ordinarily called doeth by superonerating their circuit with a commissarie not onely wrong archdeacons but the poorer sort of subiects much more as common practise daily teacheth to their great woe CoÌmission commissio is for the most part in the vnderstanding of the common lawe as much as delegatio with the Civilians See Broke titulo commission and is taken for the warrant or letters patents that all men exercising iurisdiction either ordinarie or extraordinarie haue for their power to heare or determine any cause or action Of these see diuers in the table of the Register originall verbo Commissio yet this word sometime is is extended farder then to maters of iudgement as the commission of purveiours or takers anno 11. H. 4. ca. 28. But with this epitheton high it is most notoriously vsed for the honourable commission court instituted and founded vpon the statute 1. Eliza. ca. 1. for the ordering and reformation of all offences in any thing appertaining to the iurisdiction ecclesiasticall but especially such as are of higher nature or at the least require greater punishment then ordinarie iurisdiction can afford For the world being growne to that loosenes as not to esteeme the censure of excommunicatioÌ necessitie calleth for those censures of fynes to the prince and imprisonment which doe affect men more neerely Commission of rebellion Commissio rebellionis is otherwise called a writte of rebellion breue rebellionis and it hath vse when a man after proclamation made by the Shyreeue vpon an order of the channcerie or court of Starre chamber vnder penaltie of his allegance to present himselfe to the court by a certaine day appeareth not And this commission is directed by way of commaund to certaine persons to this end that they or three two or one of them doe apprehend or cause to be apprehend the party as a rebell and contemner of the kings lawes wheresoeuer they find him within the kingdome and bring him or cause him to be brought to the courte vpon a day therein assigned The true copie of this commission or writ you haue in Cromptons diuers Iurisdictions Court de Starre chamber as also in West tractat touching proceedings in Chancerie Sectio 24. Commissioner commissionarius is he that hath commission as leters patents or other lawfull warrant to execute any publike office as commissioners of the office of fines and licenses West parte 2. symbol titulo Fines sect 106. commissioners in eyre an 3. Ed. 1. ca. 26. with infinite such like Committee is he to whome the consideration or ordering of any mater is referred either by some court or consent of parties to whome it belongeth As in Parlament a bille being read is either consented vnto and passed or denied or nether of both but referred to the consideration of some certaine men appointed by the house farder to examine it who thereupon are called committees Committee of the King West par 2. symbo titulo Chancerie sect 144. This word seemeth to be something strangely vsed in Kitchin fo 160. where the widow of the kings tenent being dead is called the coÌmittee of the king that is one committed by the auncient law of the land to the kings care and protection Common bench bancus communis is vsed some time for the court of common plees anno 2. Ed. 3. ca. 11. So called as M. Camden saith in his Britannia pa. 113. quia communia placita inter subditos ex iure nostro quod communae vocant in hoc disceptantur that is the plees or controuersies tryed betweene common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Iustices in eyre consueverunt Iusticiarii imponere villatis iuratoribus hundredis toti comitatui concelameÌtum omnes separatim amerciare quod videtur voluntarium cùm de periurio concelamento non fuerint convicti sed potius dispensandum esset cumeis quod animas in statera posuerint pro pacis conservatione li. 1. cap. 48. § Quibus And a litle following § Et provisum he hath these words Et provisum est quòd communes misericordiae vel fines comitatuum amerciatorumin finibus itinerum Iusticiariorum ante recessum ipsorum Iustitiariorum per sacramenta militum aliorum proborum hominum de commitatu eodem affidentur super eos qui contribuere debent vnde particulae Iusticiariis liberentur vt cum aliis extractis suis ad Scaccarium liberare valeant These last words of his haue relation to the statute Westminst
pr. cap. 18. which reade See Fine Common plees communia placita is the kings Court now held in Westminster hall but in auncient time moueable as appeareth by the statute called Magna charta cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his readings saith that vntill the time that Henry the third granted the great charter there were but two courts in all called the Kings courts whereof one was the Exchequer and the other the kings bench which was then called curia Domini regis and aula regia because it followed the court or king and that vpon the grant of that charter the court of common plees was erected and setled in one place certaine viz. at Westminster And because this court was setled at Westminster wheresoeuer the king lay thereupon M. Gwin vbi supra saith that after that all the writs ranne Quòd sit coram Iusticiariis meis apud Westmonasterium whereas before the partie was coÌmanded by theÌ to appeare coram me vel Iusticiariis meis simply without addition of place as he well obserueth out of Glanvile and Bracton the one writing in Henry the seconds time before this court was erected the other in the later end of Henry the thirds time who erected this court All ciuill causes both reall and personall are or were in former times tryed in this court according to the strict lawe of the realme and by Fortescue cap. 50. it seemeth to haue bene the onely court for reall causes The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees accompanied with 3. or 4. assistants or associates which are created by leters patents from the king and as it were enstalled or placed vpon the bench by the Lord Chaunceler and lord chiefe Iustice of the court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the officers belonging to this court are these the custos breuium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerke of the warrants Clerke of the Iuries or iurata writs Clerke of the Treasurie Clerke of the kings siluer Clerke of the essoins Clerke of the outlawries Whose distinct functions looke in their places See Common bench Common day in plee of land an 13. R. 2. stat 1. cap. 17. signifieth an ordinarie day in the court as Octavis Michaelis quindena pascae c. as you may see in the statute made anno 51. H. 3. concerning generall dayes in the bench Common house of parlament is vsed for the nether house because the commoÌs of the realme that is the knights of the shires and burgeses possesse that house Crompton iurisd 9. Commotes seemeth to be compounded of the prepositioÌ con and mot i. dictio verbum and signifieth in Wales a part of a shire as a hundred anno 28. H. 8. ca. 3. It is written commoithes anno 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people as it seemeth of this or that hundred by welsh minstrels Common law comunis lex hath three diuers significatioÌs which see in the author of new termes of law verbo Common law Communi custodia is a writ that lyeth for that lord whose tenent houlding by knights seruice dyeth and leaueth his eldest sonne vnder age against a straunger that entreth the land and obtaineth the ward of the body It may seeme to take the name from the common custom or right in this case which is that the lord haue the wardship of his tenent vntill his full age or because it is common for the recouery both of land and tenent as appeareth by the forme thereof Old nat br fo 89. See also the Register orig fo 161. a. Communi placito non tenendo in scaccario is a writ directed to the treasurer and barons of the exchequer forbidding them to hould plee betweene two common persons in that court neither of them belonging toward the said court Register orig fo 187. b. Companion of the garter is one of the knights of that most noble and honourable order anno 24. H. 8. ca. 13. See Garter Compromis compromissum is a mutuall promise of two or more parties at difference to referre the ending of their controuersies to the arbitriment and equitie of one or more arbitratours West defineth is thus parte 2. Symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence betweene persons at controuersie giuen to arbitratours by the parties mutuall priuate consent without publique authority Computo is a writ so called of the effect because it compelleth a baylife chamberlaine or receiuer to yeld his accoumpt Old nat br fo 58. It is founded vpon the statut of Westm 2. ca. 2. anno 13. Ed. i. which for your beter vnderstanding you may read And it lyeth also for executours of executours anno 15. Ed. 3. statut de prouis victuall ca. 5. Thirdly against the garden in socage for waste made in the minority of the heire Marlb ca. 17. And see farder in what other cases it lyeth Register orig fo 135. old nat br vbi supra Fitzh nat br fo 116. Concealers be such as finde out concealed lands that is such lands as priuily are kept from the king by common persons hauing nothing to shew for them anno 39. Eliza. ca. 22. They be so called a concelando as mons a mouendo per antiphrasin Concord concordia is in the common law by a peculiar signification defined to be the very agreement betweene parties that intend the leuying of a fine of lands one to the other how and in what maner the land shall passe For in the forme thereof many things are to be considered West parte 2. Symbol titulo Fines and concords sect 30. whome read at large Concord is also an agreement made vpon any trespas coÌmitted betweene two or more and is diuided into a concord executory and a concord executed See Plowden casu Reniger Fogassa fo 5. 6. where it appeareth by some opinion that the one bindeth not as being imperfect the other absolute and tyeth the parties and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and doe noe lesse binde then agreements executed fo 8. b. Concubinage concubinatus is an exception against her that sieweth for her dower whereby it is alleadged that shee was not a wife lawefully maried to the party in whose lands shee seeketh to be endowed but his concubine Britton ca. 107. Bract. li. 4. tract 6. ca. 8. Condition conditio is a rate maner or lawe annexed to mens acts staying or suspending the same and making them vncertaine whether they shall take effect or no West parte 1. symb li. 2. Sect. 156. In a lease there may be two sorts of conditions condition collaterall or condition annexed to
the rent Sir Edward Coke lib. 3. Pennants case fol. 64. Collaterall condition is that which is annexed to any collaterall act as that the leassee shall not go to Rome ibi fol. 65. Condition is also diuided into condition in deed or fact and condition in lawe which otherwise may be tearmed condition expressed and condition implyed Perkins Conditions 722. These and other like diuisions of conditions you may reade in the author of the new Tearmes of law verbo Condition and in Litleton li. 3. cap. 5. Conders may seeme to proceed from the French conduire i. deducere gubernare they be such as stand vpon high places neere the sea coast at the time of herring fishing to make signes with bowghes c. in their hand vnto the fishers which way the shole of herrings passeth For that may beter appeare to such as stand vpon some high cliffe on the shore by a kind of blew colour that the said fish causeth in the water then to those that be in the shippes These be otherwise called huers by likelihood of the French huyer i. exclamare and balkers as appeareth by the statute anno 1. Iacob cap. 23. Cone key Bracton lib. 2. ca. 37. num 3. looke Cover and Key Confirmation confirmatio is a strengthening of an estate formerly had and yet voydable though not presently voide For example a Bishop graunteth his Chancelershippe by patent for the terme of the patentee his life this is no voide graunt but voydable by the bishops death except it be strengthened by the confirmation of the Deane and chapter See more of this in West parte prim symb lib. 2. sect 500. and Fitz. nat br fol. 169. B. 226. H. 271. D. 163. G. and Litleton lib. 3. cap. 9. Confiscate confiscatus may be said to come either from the Latine confiscare or the French confisquer i. in publicum addicere All these words are drawne from fiscus which originally signifieth a hamper pannyer basket or freyle but metonymically the Emperours treasure because it was anciently kept in such hampers c. And though our king keepe not his treasure in such things yet as the Romanes said that such goods as were forfeited to the Emperors treasurie for any offence were bona confiscata so do we those that are forfeited to our kings Exchequer See more of these goods confiscate in Stawnf pl. cor lib. 3. cap. 24. Conge d'eslire venia eligendi is very French and signifieth in our common lawe the kings permission royall to a Deane and chapter in time of vacation to chuse a bishop or to an Abbey or Priorie of his owne foundation to chuse their Abbot or Prior. Fitz. nat br fol. 169. B. 170. B. C. c. Touching this mater M. Gwin in the preface to his readings saith that the king of England as soueraigne patron of all Archbishoprickes Bishoprickes and other Ecclesiasticall benefices had of auncient time free appointment of all ecclesiasticall dignities when soeuer they chaunced to be voide inuesting them first per baculum annulum and afterward by his leters patents and that in proces of time he made the election ouer to others vnder certaine formes and conditions as namely that they should at euery vacation before they chuse demaund of the king congè d'eslire that is licence to proceede to election and then after the election to craue his royall assent c. And furder he affirmeth by good proofe out of common lawe bookes that King Iohn was the first that graunted this and that it was afterward confirmed by Westm pri ca. i. which statute was made anno 3. Ed. pri and againe by the statut Articuli cleri ca. 2. which was ordained anno 25. Ed. 3. statuto tertio Congeable coÌmeth of the french conge i. venia It signifieth in our common law as much as lawfull or lawfully done as the entry of the disseisee is congeable Litleton fo 91. in meo Conisance See Cognisance Conizour alià s cognizour recognitor commeth of the French cognoistre i. cognoscere cernere and is vsed in the passing of fynes for him that doth acknowledge the fyne and the conizee is hee to whome it is acknowledged West parte 1. symbol li. 2. sect 49. parte 2. titulo Fines sectio 114. See Recognizour Coniuration coniuratio is the very French word drawne from the latine which as it is compounded of con iuro so it signifieth a compact or plot made by men combining themselues together by oath or promise to doe some publique harme But in our common lawe it is especially vsed for such as haue personall conference with the deuill or evill spirit to knowany secret or to effect any purpose anno 5. Eliza. ca. 16. And the difference that I haue obserued how truly let those iudge that be beter skilled in these maters betweene coniuration and witch craft is because the one seemeth by prayers and invocation of Gods powerfull names to compell the devill to to say or doe what he commandeth him the other dealeth rather by a friendly and voluntarie conference or agreement betweene him or her and the deuill or familiar to haue her or his desires and turnes serued in lien of blood or other gift offered vnto him especially of his or her soule And both these differ from inchawntments or forceries because they are personall conferences with the deuill as is said but these are but medicines and cerimoniall formes of words called commonly charmes without apparition Consanguineo is a writ for the which See Avo and See the Register orig De auo proavo consanguineo fo 226. a. Conseruatour of the truce and safe conduicts conservator induciarum saluorum regis conductuum was an officer appointed in euery port of the Sea vnder the Kings leters patents and had 40. pound for his yearely stipend at the least His charge was to enquire of all offences done against the Kings truce safe conduicts vpon the maine sea out of the countries and out of the franchises of the Cinque ports of the king as the admirals of custome were wont and such other things as are declared anno 2. H. 5. ca. 6. Touching this mater you may read another statut anno 4. H. 5. cap. 7. Conseruatour of the peace conseruator vel custos pacis is he that hath an especiall charge by vertue of his office to see the kings peace kept which peace learned M. Lamberd defineth in effect to be a withholding or abstinence from that iniutious force and violence which boysterous and vnruly persons are in their natures prone to vse toward others were they not restrained by lawes and feare of punishment Of these conservators he farder saith thus that before the time of K. Edward the third who first erected Iustices of peace there were sundrie persons that by the common lawe had interest in keeping of the peace Of those some had that charge as incident to their offices which they did beare and so included within the same
that they were neuer the lesse called by the name of their office only some others had it simply as of it selfe and were thereof named custodes pacis wardens or conservators of the peace The former and later sort he againe subdivideth Which read in his eirenarcha li. 1. ca. 3. Consideration consideratio is that with vs which the Grecians called ãâã ãâã ãâã ãâã ãâã that is the materiall cause of a contract without the which no contract bindeth This consideration is either expressed as if a man bargain to giue 20. shillings for a horse or els implyed as when the law it selfe inforceth a consideration as if a man come into a common Inne and there staying sometime taketh both meat and lodging or either for himselfe and his horse the lawe presumeth that he intendeth to pay for both though nothing be farder couenanted betweene him and his host and therefore if he discharge not the house the host may stay his horse Fulb parel tracta Contracts fo 6. a. b. Consistory consistorium is a word borowed of the Italians or rather Lombards signifing as much as praetorium or tribunal vocab vtriusque iur It is vsed for the place of iustice in the courte christian Convocation house domus convocationis is the house wherein the whole clergie is assembled for consultation vpon maters ecclesiasticall in time of parlament And as the house of Parlament so this consisteth of two distinct houses one called the higher conuocation house where the Archebishops and Bishops sitte seuerally by themselues the other the lower conuocation house where all the rest of the clergy are bestowed See Prolocutor Conusance See Cognisance Conuzour See Cognizour Consolidation consolidatio is vsed for the combining and vniting of two benefices in one Brooke titulo Vnion This word is taken from the civile lawe where it signifieth properly an vniting of the possession occupation or profit with the propertie For example if a man haue by legacie vsumfructum fundi and after ward buy the propertie or fee simple as we call it of the heire hoc casu consolidatio fieri dicitur § 3. De vsufructu in Institut See Vnion and Vnitie of possession Conspiracie conspiratio though both in Latine and French it be vsed for an agreement of men to doe any thing either good or bad yet in our lawyers bookes it is alway taken in the evill part It is defined anno 34. Ed. pri statut 2. to be an agreement of such as doe confedre or binde themselues by oath covenant or other allyance that everie of them shall beare and ayde the other falsly and malitiously to indight or falsly to mooue ormaintaine plees and also such as cause childreÌ within age to appeale meÌ of felonie whereby they are imprisoned and sore grieued and such as reteine men in the contries with liueries or feese to maintaine their malitious enterprises And this extendeth as well to the takers as to the givers And Stewards and baylifes of great lords which by their seignorie office or power vndertake to beare or maintaine quarels plees or debates that concerne other parties then such as touch the estate of their lords or themselues anno 4. Ed. 3. cap. 11. anno 3. H. 7. ca. 13. of this see more an 1. H. 5. c. 3. an 18. H. 6. c. 12. as also in the new book of eÌtries ver CoÌspiracy Conspiracie in the places before mentioned is taken more generally and is confounded with maintenance and champertie But in a more speciall signification it is taken for a confederacie of two at the least falsly to endict one or to procure one to be indicted of felonie And the punishment of conspiracieÌ vpon an endictment of felonie at the kings suyte is that the partie attainted leese his franke lawe to the intent that he be not empaneled vpon iuries or assises or such like employments for the testifiing of truth And if he haue to doe in the kings court that he make his atturney and that his lands goods and chatels be seysed into the kings hands his lands estreaped if he finde no better fauour his trees raced and his body committed to prison 27. lib. assis 59. Cromptons Iustice of peace fo 156. b. This is called vilanous iudgement or punishment See Vilanous iudgement But if the partie greiued siew vpon the writ of conspiracie then see Fitzh nat br f. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fo 116. A. c. See Franke law Conspiratione is a writ that lieth against conspiratours Fitz. nat br fo 114. d. Cromptons iurisd fo 209. See also the Regist fo 134. Constable constabularius vel conestabulis is a Saxon word compounded of cuning or cyng and staple which doe signifie the stay and hold of the king Lamb. duties of constables nu 4. But I haue heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we haue this officer from France as most others and not from the Saxons And Tilius in his commentaries de rebus gallicis li. 2. ca. de conistabili hath the same etymologie giuing the reason thereof quia praeest stabulo i. equiliregis which office is auncient heere in England and mentioned by Bracton seeming to answere him that was called tribunus celervm vnder the first kings of Rome and Magister equitum afterward The Germans that inhabite the side of the riuer Rhene note him by this title die constofler and in counterfeit latine constofelerus and in owlder time constafolarius that the Romanes were wont to tearme assessorem iudicij And as Spiegelius in his lexicon noteth deriue the word a stafolo comitis i. gradu Iudicis fiscalis For staffel in their language as he saith signifieth a grees or steppe of a paire of staires And therevpon staffelstein being a word vsed in their very awncient writings signifieth as much as praetorium But a man many times may shew in this kinde more curiositie then discretion as perhaps some will iudge me heere to haue done And therefore enough of this This word is diuersly vsed in our common law first forthe cunstable of England who is also called marshiall Stawn pl. cor fo 65. of whose great dignitie and authoritie a man may find many arguments and signes both in the statutes and chronicles of this realme His sway consisteth in the care of the common peace of the land in deedes of armes and maters of warres Lamb. vbi supra with whome agreeth the statut anno 13. R. 2. ca. 2. statu 1. Smith de Repub. Anglo li. 2. c. 25. Of this officer or magistrate M. Gwyn in the preface to his readings saith to this effect The court of the constable and marshiall determineth coÌtracts touching deeds of armes out of the realme and handleth things coÌcerning wars within the realme as combats blasoÌs of armorie c. But it may not deale with battel in appeales nor generally with any
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 parcell of land or tenement belonging to the maner and the transcript of this is called the court rowle the copie whereof the tenent taketh from him and keepeth as his onely euidence Coke li. 4. fo 25. b. This tenure is called a base tenure because it houldeth at the wil of the lord Kitchin fo 80. chap copihoulds Fitzh nat br fo 12. B. C. who there saieth that it was wont to be called tenure in villenage and that this copihould is but a new name Yet is it not simply at the will of the lord but according to the custome of the maner So that if a copiehoulder breake not the custome of the maner 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 ouer head at his pleasure These customes of maner be infinit varying in one point or other almost in euery seuerall maner First some copiehould is fineable and some certaine that which is fineable the lord rateth at what fine or incom he pleaseth when the tenent is admmitted vnto it that which is certaine is a kinde of inheritance and called in many places custumary because the tenent dying and the hould being void the next of the blood paying the custumarie fine as two shillngs for an acre or such like may not be denied his admission Secondly some copihoulders haue by custome the wood growing vpon their owne land which by law they could not haue Kitchin vbisupra Thirdly copi-holders some be such as hold by the verge in ancient demesn although they hold by copy yet are they in accompt a kind of Free-holders 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 meere copy hold and they committing felonie their land escheateth to the Lord of the maner foorthwith Kitchin fol. 81. chap. Tenents per verge in auncient demesn What auncient demesn is see in the right place See Tenent by copie of court rolle This is the land that in the Saxons time was called Folk land Lamberd explicat of Saxon words verbo Terra ex scripto West parte prim symbol lib. 2. Sect. 646. defineth a copi-holder thus Tenent by copie of court rolle is he which is admitted tenent of any lands or tenements within a maner that time out of the memory of man by vse and custome of the said maner haue bene dimisable and dimised to such as will take the same in fee in fee-taile for life yeares or at will according to the custome of the said maner by copie of courtrolle of the same maner where you may read more of these things Coraage coraagium is a kinde of imposition extraordinarie growing vpon some vnusuall occasion and it seemeth to be of certaine measures of corne For corus tritici is a certaine measure of corne Bracton libro 2. ca. 16. nu 6. who in the same chapter nu 8. hath of this mater these words Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cùm necessitas interuenerit vel cùm rex venerit sicut sunt hidagia coraagia caruagia alia plura de necessitate ex consensu communitotius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenenteÌ suuÌ acquietare nisi se adhoc specialiter obligauerit in charta sua c. Cordiner commeth of the French cordoüannier i. sutor calcearius a shoomaker and is so vsed in diuers statutes as anno 3. H. 8. ca. 10 anno 5. eiusdem ca. 7. and others Cornage cornagium commeth of the French cor i. cornu and in our common law signifieth a kinde of grand sergeantie the seruice of which tenure is to blow a horne when any invasion of the northern enemie is perceiued And by this many men hold their land northward about the wall commonly called the Picts walle Camd. Britan p. 609. hence commeth the word cornuare to blow a horn pupil oculi parte 5. ca. 22. in charta de Foresta This seruice seemeth to haue proceeded from the Romanes For I finde cornicularios mentioned in the ciuile lawe viz. li. 1. Cod. de officio diuerso Iud. 48. lege 3. lib. 12. titulo de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius libro 3. de verbo significat saith thus of them hi militum quoddam genus fuere qui corniculo merebant vnde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horne was an honour reward giuen for seruice in war Corner tile See Gutter tile Corodye corodium commeth of the Latine verb corrodo and signifieth in our common lawe a summe of mony or allowance of meate and drinke due to the king from an abbey or other house of religion whereof he is the founder toward the reasonable sustenaÌce of such a one of his seruants being put to his pension as he thinketh good to bestowe it on And the difference betweene a corodie and a pension seemeth to be that a corodie is allowed toward the maintenance of any the kings seruants that liueth in the abbey a pension is giuen to one of the kings chaplaines for his better maintenance in the kings seruice vntill he may be prouided of a benefice Of both these read Fitzh nat br fo 230. 231. 233. who there setteth downe all the corodies and pensions certaine that any abbey when they stoode was bound to performe vnto the king There is mention also of a corodie in Stawnf praerogatiue fo 44. And this seemeth to be awncient lawe For in Westm 2. ca. 25. it is ordeined that an assise shall lie for a corodie It is also apparent by the statute anno 34. 35. H. 8. ca. 16. that corodies belonged some time to Bishops from monasteries by the new termes of lawe that a corodie may be due to a common person by graunt from one to another or of common right to him that is founder of a religious house not holden in frank almoyn For that tenure was a discharge of all corodies in it selfe By which booke it appeareth also that a corodie is either certaine or vncertaine and that it may be for life yeares in taile or in fee. Corodio habendo is a writ whereby to exact a corodie of any abbey or religious house See Corodie See the Register originall fo 264. Coronatore eligendo is a writte which after the death or discharge of any coroner is directed to the shyreeue out of the ChaÌcery to call togither the free
holders of the countie for the choice of a new coroner to certifie into the chanceries both the election and the name of the partie elected and to giue him his oath See Westm 1. ca. 10. and Fitzh nat br fo 163. and the Register orig fo 177. Coroner coronator is an auncient officer of this land so called because he dealeth wholly for the king and crowne There be fower of them commonly in euery countie and they are chosen by the freeholders of the same vpon writ and not made by leters patents Crompt Iurisd fo 126. This officer though now he be some inferiour gentleman that hath some smattering in the lawe yet if we looke to the statute of Westm 1. ca. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreete knight that best will and-may attend vpon such an office Yea there is a writ in the Register Nisi sit miles so 177. b. whereby it appeareth that it was fufficient cause to remooue a coroner chosen if he were not a knight and had not a hundred shillings rent of freehold And the Lord cheife Iustice of the kings bench is the soueraigne coroner of the whole realme in person i. wheresoeuer he remaineth libro assisarum fo 49. 5. coron Coke li. 4. casu de Wardens c. of the Sadlers fo 57. b. His office especially concerneth the plees of the crowne but if you will reade at large what aunciently belonged vnto him reade Bracton li. 3. tra 2. c. 5. de officio coronatorum circa homicidium and ca. 6. de officio coronatoris in the sauris inventis ca. 6. de officio coronatorum in raptu virginium and ca. 8. de officio coronatorum de pace plagis and Britton in his first chapter where he handleth it at large Fleta also in his first booke cap. 18. and Andrew Horns mirrour of Iustices li. 1. ca. del office del coroners but more aptly for the present times Stawnf pl. cor li. 1. ca. 51. Note there be certaine coroners speciall within diuers liberties as well as these ordinarie officers in euerie countie as the coroner of the verge which is a certaine compas about the kings court whome Crompt in his iurisd fo 102. calleth the coroner of the kings house of whose authoritie see S. Ed. Cokes reportes lib. 4. fo 46. a. b. And I know certen charters belonging to colledges and other corporations whereby they are liceÌsed to appoint their coroner within their owne precincts Farder of this office see also Fitzh nat br fo 76. A. B. S. Thomas Smith li. 2. ca. ca. 21. de repub Anglo and Lamb. eirenarcha li. 4. ca. 3. pa. 380. And the office of the coroner in Scotland what it is read M. Iohn Skene de verbo signifi verbo Iter. Corporation corporatio is that which the civile law calleth vniversitatem or collegium a bodie politique authorised by the kings charter to haue a common seale a head officer one or more and members able by their common consent to graunt or to receiue in law any thing within the compas of their charter euen as one man may doe by law all things that by lawe he is not forbidden and bindeth the successours as a single man bindeth his executour or heyre See Brokes his abridgment titulo Corporation and the newe Tearmes of lawe eodem Corpus cum causa is a writ issuying out of the Chauncerie to remoue both the bodie and the record touching the cause of any man lying in execution vpoÌ a iudgement for debt into the Kings bench c. there to lye vntill he haue satisfied the iudgement Fitzh nat br fol. 25â E. Corrector of the staple is an officer or clerke belonging to the staple that writeth and recordeth the bergains of Merchants there made anno 27. Ed. 3. stat 2. cap. 22. 23. The Romanes called them Mensarios Corruption of blood is an infection growing to the estate of a man attainted of felonie or treason and to his issue For as he leeseth all to the Prince or other lord of the fee accordingly as his case is so his issue cannot be heires to him or to any other auncester of whom they might haue claimed by him And farder if he were noble or a gentleman before he and his children are made vnnoble and vngentle in respect of the father Newe Tearmes of the lawe Corse present are words borowed from the French signifying a mortuarie anno 21. H. 8. ca. 6. The true French is corps praesentè i. the bodie presented or tendered The reason why the mortuarie is thus also tearmed seemeth to be for that where a mortuarie was wont to be due the bodie of the best beast was according to the law or custome offered or presented to the priest Corselet is a French word signifying a litle bodie in Latine corpusculum It is vsed with vs for an armor to couer the whole bodie or trunke of a man anno 4. 5. Ph. Mar. cap. 2. where with the pikemen commonly set in the front and flanks of the battaile are armed for the beter resistance of the enemies assaults and the surer guard of the gunners placed behind or within them being more sleightly armed for their speedier issuing in and out to discharge their peeces See Barrets discourse of Warre lib. 3. dialog 2. Cofenage cognatione is a writ that lyeth where the tresaile that is tritavus the father of the besaile or of the great grandfather is seysed in his demesn as of see at the day of his death of certaine lands or tenements and dyeth and then a straunger entreth and abateth For then shall his heyre haue this writ of cosenage the forme whereof see in Fitz. nat br fol. 221. Of this also reade Britton at large cap. 89. Cosening is an offence vnnamed whereby any thing is done guilefully in or out of contracts which cannot be fitly termed by any speciall name West parte 2. simbolaeogr titulo Indictments sect 68. It is called stellionaius in the ciuile lawe of stellio the beast which is lacertae genus virsutissimum as Cuiacius in his paratitles calleth it and quo nullum animal homini invidet fraudulentius Plinie li. 3. ca. 10. Cotage cotagium is a house without land belonging vnto it anno 4. Ed. pri statut primo And the inhabitant of such a house is called a cotager But by a later statute no man may builde a cotage but he must lay 4. acres of ground vnto it 31. Eli. ca. 7. Cote is a kind of resuse wolle clung or clotted together that it cannot be pulled asunder anno 13. R. 2. stat 1. ca. 9. It signifieth also as much as cotage in many places as also it did among the Saxons Verslegan in his Restitut of decayed intelligeÌce in antiquities Covenable rationabilis is a French word signifying fitte or convenient or suteable covenably endowed anno 4. H. 8. ca. 12. It is aunciently written
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries ãâã 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
spices and drugs to be garbleled 1. Iaco. 19. Day dies is sometime vsed in the lawe for the day of appearance in court either originally or vpon assignation and sometime for the returnes of writs For example daies in bank be daies set downe by statute or order of the court when writs shall be returned or when the partie shall appeare vpon the writ serued And of this you may read the statutes anno 51. H. 3. ca. 1. 2. Marlb ca. 12. anno 52. H. 3. and the statute de anno bissextili anno 21. H. 3. and lastly anno 32. H. 8. ca. 21. To be dismissed with out day is to be finally discharged the court Kitchin fo 193. He had a day by the rolle Kitchin fo 197. that is he had a day of appearance assigned him Day yeere and waste Sea Dies and yeare Deadly feude feuda is a profession of an vnquencheable hatred vntill we be reuenged euen by the death of our enemie It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is vsed anno 43. Eliz. cap. 13. Dead pledge mortuum vadium See Mort gage Deane decanus is an ecclesiasticall magistrate so called of the greeke ãâã ãâã ãâã ãâã ãâã because he hath power ouer ten Canons at the least How be it in England we vse to call him a deane that is next vnder the bishop and cheife of the chapter ordinarily in a cathedrall church and the rest of the societie or corporation we call Capitulum the chapter But this word how diuersly it is vsed read Lindwood titulo de iudiciis ca. pri verbo Decanirurales where deane rurals are saide to be certaine persons that haue certaine jurisdiction ecclesiasticall ouer other ministers and parishes neere adioyning assigned vnto them by the Bishop and archdeacon being placed displaced by them As there be two foundations of cathedrall churches in England the old the new the new bethose which Henry the 8. vpon suppression of abbeyes transformed from abbot or prior coueÌt to deane and chapter so be there two meanes of creating these deanes For these of the old foundation are brought to their dignitie much like Bishops the king first seÌding out his congè d' eslire to the chapter the chapter then chusing the king yeelding his royal asseÌt and the Bishop confirming him and giuing his mandate to installe him Those of the newe foundation are by a shorter course installed by vertue of the kings leters patents without either election or confirmation This word is also applyed to diuers that are the chiefe of certaine peculiar Churches or chapels as the deane of the kings chapell the deane of the Arches the deane of Saint George his chapell in Windsour the deane of Bockin in Essex Debet solet These words are diuers times vsed in the writers of the common lawe and may trouble the minde of a young student except he haue some aduertisement of them For example it is saide in the old nat br fo 98. This writ de secta molendini being in the debet and solet is a writ of right c. and againe fo 69. A writ of Quod permittat may be pleaded in the countie before the shyreeue and it may be in the debet and in the solet or the debet with out the solet according as the DemandaÌt claymeth wherfore note that those writs that be in this sort brought haue these words in them as formall words not to be omitted And according to the diuersity of the case both debet and solet are vsed or debet alone that is if a man siew to recouer any right by a writ whereof his awncester was disseised by the tenent or his awncester then he vseth onely the word debet in his writ because solet is not fit by reason his awncester was disseised and the custome discontinued but if he siew for any thing that is now first of all denied him then he vseth both these words debet so'et because his awneesters before him and he him selfe vsually imoyed the thing siewed for as suite to a mille or common of pasture vntill this present refusall of the tenent The like may be saide of debet and detinet as appeareth by the Register orig in the writ de debito fo s 40. a. Debito is a writ which lieth where a man oweth to another a certaine summe of mony-vpoÌ an obligation or other bargain for any thing sold vnto him Fitz. nat br fo 119. This writ is made somtime in the Detinet not in the Debet which properly falleth out where a man oweth an annuitie or a certaine quantity of wheat barley or such like which he refuseth to pay old nat br fo 75. See Debet Solet Denelage denelagia is the law that the Danes made heere in England out of which and Merchenlage and West Sexonlage the Conquerour compounded certaine ordinances for his subiects Camdeni Britan. pa. 94. pa. 183. Decem tales See Tales Decies tantum is a writ that lieth a gainst a Iurour which hath taken mony for the giuing of his verdict called so of the effect because it is to recouer ten times so much as he tooke It lieth also against embracers that procure such an enquest anno 38. Ed. 3. ca. 13. Reg. orig fo 188. Fitzh nat br fo 171. New booke of Entrise verbo Decies tantum Deceyte déceptio fraus dolus is a subtile wilie shift or deuiso hauing noe other name Hereunto may be drawen all maner of craft subtiltie guile fraude wilynes slightnes cunning couin collusion practise and offence vsed to deceiue another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decenniers See Deciners Deceptione is a writ that lieth properly against him that deceitfully doth any thing in the name of another for one that receiueth harme or daÌmage therby Fuzh. nat br fo 95. This writ is either originall or iudiciall as appeareth by the old nat br fo 50. where you may reade the vse of both For some satisfaction take these words of that booke This writ of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise euill intreated as it appeareth by the Register c. And when it is iudiciall then it lieth out of the rols of record as in case where scire facias is sent to the Shyreeue that he warme a man to be before the Iustices at a certaine day and the Shyreeue returne the writ serued whereas the said man was not warned by which ãâã partie that sieweth tho scire ãâ¦ã as recouereth then the party which ought to haue beene warned shall haue the saide writ against the Shyreeue The author of the termes of lawe verbo Deceite saith that the
originall writ of deceite lieth where any deceit is done to a man by another so that he hath not sufficiently performed his bargaine or promise In the writ iudicial he concurreth with the former booke See the Reg. orig fo 112. and the Reg. iudiciall in the table verbo Deceptione Decimis solvendis pro possessionibus alienigenarum is a writ or leters patents yet extant in the Register which laye against those that had fermed the Priors aliens lands of the king for the Rector of the Parish to recouer his tythe of them Regi orig fol. 179. Deciners aliâs desiners aliâs doziners decennarii commeth of the French dizeine i. decas tenne in number or else of disenier i. decearchus It signifieth in the auncient monuments of our lawe such as were wont to haue the ouersight and checke of ten friburgs for the maintenance of the kings peace And the limits or compasse of their iurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also reade Fleta lib. 1. cap. 27 and a touch in the Regist orig fol. 68. b. These seemed to haue la ãâ¦ã authoritie in the Saxons time ãâã king knowledge of causes within their circuite and redressing wrongs by way of iudgement as you may reade in the lawes of king Edward set out by M. Lambard num 32. In later times I find mention of these as in Britton cap. 12. who saith in the kings person as he writeth his whole booke in this maner We will that all those which be 14. yeares old shall make oath that they shall be sufficient and loyall vnto vs and that they will be neither felons nor assenting to felons and we will that all be en dozeine plevis per dozeniers that is professe themselues to be of this or that dozein and make or offer suretie of their behauiour by these or those doziniers except religious persons clerks knights and their eldest sonnes and women Yet the same author in his 29. chapter some thing toward the end doth say that all of 12. yeares old and vpward are punishable for not comming to the Turne of the Shyreeue except Earles Prelats Barons religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these wordes The like lawe is where the dozeniers make presentment that a felon is taken for felonie and deliuered to the Shyreeue c. And Kitchin out of the Register and Britton saith thus Religious persons clerkes knights or women shall not be deceniers fol. 33. So that hereby I gather that of later times this word signifieth nothing but such an one as by his oath of loyaltie to his Prince for suretie none ordinarily findeth at these dayes is setled in the combination or societie of a dozein And a dozein seemeth now to extend so farre as euery leete extendeth because in leetes onely this oathe is ministred by the steward and taken by such as are twelue yeares old and vpwards dwelling within the compasse of the leete where they are sworne Fitz. nat br fol. 161. A. The particulars of this oath you may reade in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the commission of the Iustices being read and the cause of their comming being shewed debent Iusticiarii se transferre in aliquem locum secretum vocatis ad se quatuor vel sex vel pluribus de maioribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum et sic inter se tractatum habeant Iusticiarii ad muicem ostendant qualiter a Domino Rege eius concilio prouisum sit quod omnes tam milites qùam alii qui sunt quindecim annorum ampliùs iurare debent qùod vtlagatos murditores robbatores burglatores non receptabunt neceis consentient nec eorum receptatoribus si quos tales nouerint illos attachiari facient hoc Vicecomiti baliuis suis monstrabunt si hutesium vel clameum de talibus audiverint statim audsto clamore sequantur cum familia hominibus de terra sua Here Bracton setteth downe 15. yeares for the age of those that are sworne to the kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12. yeares See Inlaughe A man may note out of the premisses diuersities betweene the auncient and these our times in this point of law and gouernement as well for the age of those that are to be sworne as also that Decennier is not now vsed for the chief man of a Dozen but for him him that is sworne to the kings peace and lastly that now there are no other Dozens but leetes and that no man ordinarily giueth other security for the keeping of the kings peace but his owne oathe and that therefore none aunswereth for anothers transgression but euery man for himselfe And for the general ground this may suffice See Frankepledge Declaration declaratio is properly the shewing foorth or laying out of an action personall in any suite howbeit it is vsed sometime and indifferently for both personall and reall actions For example anno 36. Ed. 3. c. 15. in these words By the auncient termes and formes of declarations no man shall be preiudiced so that the mater of the action be fully shewed in the demonstration in the writ See the new Termes of lawe See Cownte Dedimus potestatem is a writ whereby commission is giuen to a priuate man for the speeding of some act appertaining to a Iudge The Civilians call it Delegationem And it is graunted most commonly vpon suggestioÌ that the partie which is to doe something before a Iudge or in court is so feeble that he cannot trauell It is vsed in diuers cases as to make a personall aunswer to a bill of complaint in the Chaunceric to make an Atturney for the following of a suite in the Countie Hundred Wapentake c. Oldnat br fol. 20. To levie a fine West part 2. symbol titulo Fines sect 112. and diuers other effects as you may see by Fitzh nat br in diuers places noted in the Index of the booke In what diuersitie of cases this writ or commission is vsed see the table of the Regist orig verbo Dedimus potestatem Deedes Facta signifie in our commoÌ law wrighungs that containe the effect of a contract made betweene man and man which the ciuilians call literarum obligationem And of deeds there be two sorts deeds indented and deeds poll Which diuision as M. West saith parte i. Simbol lib. 1. sect 46. groweth from the forme or fashion of them the one being cut to the fashion of teeth in the toppe or side the other being plaine And the definition of a deede indented he expresseth thus Sect. 47. A deed iudented is a deede consisting of two partes or more in which it is expressed that the parties to the same deede haue to euery parte thereof interchangeabely or seuerally
set there seuerall seales See the rest where at the last he sheweth the cause of the name viz for that consisting of more partes eche parte is indented or cut one of them into the other that by the cut it may appeare they belonge to one busines or contract A deede poll or polled he describeth thus Sect. 46. Q. A polled deede is a deede testifying that onely the one of the parties to the bargaine hath put his seale thereunto after the maner there by him described which reade for your beter vnderstanding See the newe Tearmes of lawe verbo Fait where he sheweth that each deed consisteth of 3. points writing sealing and deliuerie Deere Hayse anno 19. H. 7. cap. 11. seemeth to be an Engine of cords to catch Deere De essendo quieium de relovio is a writ that lyeth for them which are by priuiledge freed from the payment of tolle which reade at large in Fitzh nat br fol. 226. Defalt defalta commeth from the French Defaut and is an offence in omitting that which we ought to doe West part 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole tractats lib. 5. tractat 3. By whome it appeareth that a default is most notoriously taken for non appearance in court at a day assigned Of this you may reade also in Fleta lib. 6. cap. 14. Defeisance defeisantia commeth of the French Desfaire or Deffaire i. infectum reddere quod factumest and signifieth in our common lawe nothing but a condition annexed to an act as to an obligation a recognizance or statute which performed by the obligee or recognizee the act is disabled and made voide as if it neuer had bene done whereof you may see West at large part 1. symb li. 2. sect 156. Defendant defendens is he that is siewed in an action personall as tenent is he which is siewed in an action reall Tearmes of the lawe Defendemus is an ordinarie word in a feofment or donation and hath this force that it bindeth the donour and his heyres to defend the Donee if any man goe about to laye anie seruitude vpon the thing giuen other then is contained in the donation Bract. lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the faith defensor fides is a peculiar title giuen to the King of England by the Pope as Catholicus to the king of Spaine and Christianissimus to the French king It was first giuen by Leo decimus to king Henry the 8. for writing against Martin Luther in the behalfe of the Church of Rome then accounted Domicilium fidei Caholicae Stowes annals pag. 863. Deforsour Deforciator commeth of the french For ceur i. expugnator It is vsed in our common law for one that ouercommeth and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton ca. 53. next because a man may deforce another that neuer was in possession as for example if more haue right to lands as commoÌ heires and one entring keepeth out the rest the law saith that he deforceth them though he doe not disseise them Old nat br fol 118. and Litleton in his chapter Discontinuance fol. 117. faith that he which is infeoffed by the tenent in taile and put in possession by keeping out the heire of him in reuersion being dead doth deforce him though he did not disseise him because he entred when the tenent in taile was liuing and the heire had noe present right And a deforsour differreth from an Intrudour because a man is made an Intrudour by a wrongfull entry only into land or tenement voide of a possessour Bracton li 4 ca pri and a deforsour is also by houlding out the right heire as is abouesaide Deliuerance See Repligiare Demaund Demanda vel Demandum commeth of the french Demande i. postulatio postulatus and signifieth a calling vpon a man for anything due It hath likewise a proper signification with the common lawyers opposite to plaint For the pursiute of all ciuill actions are either demaunds or plaints and the persyewer is called demaundant or plaintife Viz Demandaundant in actions reall and plaintife in personall And where the party persiewing is called demaundaÌt there the party persiewed is called tenent where plaintife there defendant See terms of law verbo Demaundant Demy haque See Haque and Haquebut Demaine Dominicum is a french word otherwise written Domaine and signifieth Patrimonium domini as Hotoman saith in verbis feudalibus verbo Dominicum where by diuers authorities he proueth those lands to be dominicum which a man holdeth originally of himselfe and those to be feodum which he holdeth by the benefite of a superiour Lord. And I find in the ciuill law Rem dominicam for that which is proper to the Emperour Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoueatur being the 38. title of the 7. booke And res dominici iuris i. reipub in the same place And by the word Domanium or Demanium are properly signified the kings lands in Fraunce appertaining to him in propertie Quia Domanium definitur illud quod nominatim consecratum est vnitum incorporatum Regiae coronae vt scripsit Chopinus de domanio Franciae tit 2. per legem Siquando 3. Cod. de bon vacan lib. 10. Mathaeus de Afflict is in constit Siciliae li. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus sisci redacta Skene de verborum signif verb. Terrae Dominicales In like maner doe we vse it in England howbeit we here haue no land the Crowne land onely excepted which holdeth not of a superior For all dependeth either mediatly or immediately of the Crowne that is of some honour or other belonging to the Crowne and not graunted in fee to any inferior person Wherefore no common person hath any demaynes simply vnderstood For when a man in pleading would signifie his land to be his owne he saith that he is or was seised thereof in his demaine as of fee. Litleton li. 1. cap. 1. Whereby he signifieth that though his land be to him and his heyres for euer yet it is not true demaine but depending vpon a superior Lord and holding by seruice or rent in liewe of seruice or by both seruice and rent Yet I find these words vsed in the kings right anno 37. H. 8. cap. 16. and 39. Eliz. cap. 22. But the application of this speech to the king and crowne land is crept in by errour and ignorance of the word Fee or at least by vnderstanding it otherwise then of the Feudists it is taken But Britton cap. 78. sheweth that this word Demeyne is diuersly taken sometime more largely as of lands or tenements held for life c. and sometime more strictly as for such onely as are generally held in fee. This word somtime is vsed for
symbolaeog titulo Indictments sect 49. And though this be giuen to God yet is it forfeited to the king by lawe as susteining Gods person and an executioner in this case to see the price of these distributed to the poore for the appeasing of God stirred vp euen against the earth and place by the shedding of innocent blood thereupon Fleta saith that this is sould and the price distributed to the poore for the soule of the king his auncesters and of all faithfull people departed this life lib. 1. cap. 25. verbo De submersis And it seemeth that this law hath an imitation of that in Exodus cap. 21. Si cornu petierit bos virum vel mulierem ita vt moriatur lapidabitur bos neque comedetur caro eius at Dominus eius erit innocens De Deonerando pro rata portionis is a writ that lieth where one is distrained for a rent that ought to be paid by others proportionally with him For exaÌple a man holdeth ten Oxegangs of land by fealty and ten shillings rent of the king and alienateth one Oxegang thereof to one another to another in fee. Afterward the Shyreeue or other Officer commeth and distraineth onely one of them for the Rent he that is distrained may haue this writ for his helpe Fitzh nat br fo 234. Departer is a word properly vsed of him that first pleading one thing in barre of an action and being replied thereunto doth in his reioynder shew another mater contrary to his first plea. Plowden in Reniger and Fogassa fo 7. 8. And of this see diuers examples in Brooke titulo Departer de son plee c. Departers of gold and siluer See Finours De quibus sur disseisin is a writ of entry See Fitzh nat br fol. 191. C. Dereyne Disrationare vel Dirationare may seeme to come of the French Disarroyer i. confundere turbare to confound or turne out of order or desranger 1. to set out of order or lastly of the Norman word desrene for with the Normans desrene is nothing else but a proofe of the deniall of a mans owne fact For Rubigineus in his grand custumarie cap. 122. 123. maketh mention of lex probabilis and lêx deraisnia legem probabilem or probationem he defineth to bee a proofe of a mans owne fact which he saith he hath done his aduersarie denieth His example is this A. sieweth R. for a hogge saying thou shouldest deliuer mee a hogge for 2. shillings sixe pence which mony F. paid thee wherefore I demande my hogge R. answereth It is true that thou saiest and I deliuered thee thy hog which I am ready to prooue DeraisniaÌ he defineth to be a proofe of a thing that one denieth to be done by himselfe which his aduersarie saith was done defeating or confounding his aduersaries assertion as you would say and shewing it to be without and against reasoÌ or likelyhood which is avouched In our commoÌ lawe it is vsed diuersly first generally for to prooue as Dirationabit ius suum haeres propinquior Glanuile li. 2. cap. 6. and Habeo probos homines qui hoc viderunt audierunt parati sunt hoc dirationare Idem lib. 4. cap. 6. and Dirationauit terram illam in curia mea Idem lib. 2. cap. 20. 1. hee prooued that land to bee his owne c. and peroinentiam eam dirationauit in vita sua vel alio modo iuste perquisivit Idem lib. 6. cap. 12. and Bracton vseth it after the same sort in these words Habeo sufficientem disratiocinationem probationem lib. 4. tracta 6 cap. 16. and so he vseth disrationare lib. 4. cap. 22. and so in Westm 2. anno 13. Ed. pri ca. 32. an to dereine the warrantie old nat br f. 146. to dereine the warraÌty paramouÌt an 31. H. 8. c. primo And dereigner le Warranty in Plowd casu Basset in fine 2. partis fo 6. 7. 8. a. hath the same signification So it is vsed Westm 2. cap. 5. anno 13. Ed. 1. in these words And when the person of any Church is disturbed to demaund tithes in the next parish by a writ of Indicauit the patron of the Parson so disturbed to demaund tithes shall haue a writ to demaund the Advowsen of the tithes being in Demaund and when it is deraigned then shall the plee passe in the court christian as farre forth as it is deraigned in the kings court Bracton also li. 3. tracta 2. cap. 3. nu 1. speaking of him that appealeth another for any treason orfelonie hath these words Proponat accusans appellum suum in hunc modum sc debet dicere se interfuisse vidisse certo loco certo die certa hora scivisse ipsum accusatum praelocutum fuisse mortem regis vel seditionem suam vel exercitus sui vel consensisse vel auxilium consilium impendisse vel ad hoc authoritatem praestitisse hoc ego iuxta considerationem curiae disrationare paratus sum He vseth it likewise as the Normans vse Deraisniam for him that offereth to iustifie his deniall as lib. 3. tracta 2. cap. 28. nu 1. in these words Rex consilio episcorum bonorum misit propter comitem vt statuto die veniret ad curiam ad disrationandum vel defendendum se si posset Lastly in some places I find the substantiue deremement vsed in the very literall signification of the french Disrayer or desranger that is as a man wold say turning out of course displacing or setting out of order as dereinement or departure out of religion anno 31. H. 8. cap. 6. and dereinment or discharge of their profession anno 33. H. 8. cap. 29. which is spoken of those religious men that forsooke their orders and professions as also anno 5. 6. Ed. 6. cap. 13. Soe doth Kitchin vse the verb fo 152. in these words the leassee entreth into religion and afterward is dereigned And Britton vseth these words Semounse desrenable for a summons that may be chalenged as defectiue or not lawfully made cap. 21. Of this you may reade something more in Skene de verb. signif verbo Disrationare where in one signification he confoundeth it with our waging and making of lawe De son tort demesne seeme to be certaine words of forme in an action of trespasse vsed by way of reply to the plee of the Desendant For example A. sieweth B. in action of trespasse B. answereth for himselfe âhat he did that which A calleth a trespasse by the commaundement of C. his maister A saith againe that B. did it de son tort demesne sans ceo que C. luy commaunda modo forma that is B. did it of his owne wrong without that that C. commaunded him in such forme c. Detin et See Debito and Debet Detynew detinendo is a writ that lyeth against him who hauing goods or chatels deliuered him to keepe refuseth to deliuer them againe See of this Fitzh
to a tenent for terme of life shall inure to him in the Reuersion Erius alius Iris is the flower de luce whose diuers kindes you haue expressed in Gerards herball lib. 1. ca. 34. The roote of this is mentioned among merchandize or drugs to be garbled anno 1. laco ca. 19. Ermins seemeth to come of the french Ermine i. mus araneus it signifieth a furre of great price Erminstreate See Watlingstreate Errant Itinerans commeth of the french Errer i. errare or the ould word Erre i. iter It is attributed to Iustices of circuit pl. cor f 15. and Baylifes at large See Iustices in Eyre and Baylife See also Eyre Errour Error commeth of the french Erreur and signifieth more specially in our common law an errour in pleading or in the proces Brooke titulo Errour And thereuppon the writ which is brought for remedy of this ouersight is called a writ of error in Latine De errore corrigendo thus defined by Fitz. in his nat br fol. 20. A writ of errour is that properly which lyeth to redresse false iudgement giuen in any court of record as in the common bench London or other citie hauing power by the kings charter or prescription to hold plee of debt See the new booke of Entries verbo Error or trespasse aboue the summe of twenty shillings This is borowed from the French practise which they call proposition d'erreur Wherof you may reade in Gregorius De appellation pag. 36. In what diuersitie of cases this writ lyeth see the Register originall in the Table verb. Errore corrigendo and Register iudiciall fol. 34. There is likewise a writ of errour to reuerse a fine West parte 2 sect symbol titulo Fines 151. Errore corrigendo See Errour Escambio is a licence graunted to one for the making over of a Bill of Exchange to a man ouer Sea Register original fol. 194. a. Escape Escapium commeth of the French Eschapper i. aufugere effugere and signifieth in the lawe a violent or priuie evasion out of some lawfull restraint For example if the Shyreeue vpon a Capias directed vnto him take one and indeavour to carie him to the Gaol and he in the way either by violence or by slight breake from him this is called an Escape pl. cor fol. 70. Many examples might bee brought out of him and others but the thing is plaine Stawnford lib. 1. ca. 26. pl. cor nameth two kindes of Escapes voluntarie negligent Voluntarie is when one aresteth another for felonie or some other crime and afterwards letteth him goe whither he listeth In which escape the partie that permitteth it is by lawe guiltie of the fault committed by him that escapeth be it felonie treason or trespas Negligent escape is when one is arrested and afterward escapeth against his wil that arrested him and is not pursued by fresh suite and taken againe before the partie pursuing hath lost the fight of him Idem cap. 27. but there read more of this mater for there be doubts worth the consideration And of the course of punishment by the ciuill lawe in this point reade in practica criminali Claudii de Battandier reg 143. reade also Cromptons Iustice fol. 35. b. fol. 36. 37. and read the newe Termes of lawe There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forest is deliuered of that punishment which by order of the forest lieth vpon those whose beasts be found within the land forbidden Cromptons Iurisdict fo 196. Eschequer Scaccarium commeth of the French Eschequier i. abacus tabula lusoria and signifieth the place or court of all receipts belonging to the crowne and is so termed as I take it by reason that in auncient times the accomptants in that office vsed such tables as Arithmeticians vse for their calculations for that is one fignification of Abacus amonst others Polidor Virgil. lib. 9. histo Anglo saith that the true word in latine is Statarium and by abuse called Scaccarium In mine opinion it may well seeme to be taken from the German word schatz signifiing as much as the saurus or fiscus And from this fountaine no doubt springeth the Italian word Zeccha signifiing a mynt and Zeccherii alià s Zecchieri the officers thereunto belonging Descis Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office tooke the name à tabula ad quam assidebant proouing it out of Geruasius Tilburiensis whose words you may read in him This court is taken from the Normans as appeareth by the grand Custumarie cap. 56. where you may finde the Eschequier thus described The Eschiquier is called an assemblie of high Iusticiers to whome it appertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done and vnaduisedly iudged and to doe right to all men without delaie as from the princes mouth Skene de verbo significatione verbo Scaccarium hath out of Paulus Aemilius these words Scaccarium dicitur quasi Statarium quòd homines ibi in iure sistantur vel quòd sit stataria perennis Curia cum ceterae curiae essent indictivae nec loco nec tempore statae where he saith also of himselfe that in Scotland the Eschequer was stable but the other session was deambulatorie before Iames the 5. qui instituit Statariam curiam cum antea esset indictiva he addeth farder Others thinke that Scaccarium is so called a similitudine ludi Scaccorum that is the play of the chests because many persons meete in the Chequer pleading their causes one against the other as if they were fighting in an arraied battaile Others think that it commeth from an old Saxon word Scata as writeth S. Thomas Smith which signifieth treasure taxation or imposts whereof accompt is made in the Chequer This court consisteth as it were of 2. parts whereof one is conuersant especially in the iudiciall hearing and deciding of all causes appertaining to the princes cofers aunciently called Scaccarium computorum as Ockam testifieth in his lucubration the other is called the receipt of the Eschequer which is properly imploied in the receiuing and paiment of money Crompton in his Iurisdictions fo 105. defineth it to be a court of record wherein al causes touching the reuenewes of the crown are handled The officers belonging to both these you may find named in M. Camdens Britannia ca. Tribunalia Angliae to whome I referre you The kings exchequer which now is setled in Westminster was in diuers countries of Wales anno 27. H. 8. ca. 5. but especially ca. 26. Escheate Eschaeta coÌmeth of the French escheoir i. cadere accidere excidere and signifieth in our common lawe any lands or other profits that fall to a Lord within his maner by way of forfeiture or the death of his teneÌt dying without heire generall or especiall or leauing his heire within age or vnmaried Magna chart ca. 31. Fitzh nat br fol. 143. T. c. Escheate is also vsed
See Fitzh nat br fol. 198. L. Exigendarie of the common banke Exigendarius de banco comuni is otherwise called Exigenter anno 10. H. 6. cap. 4. and is an officer belonging to that court for the which see Exigenter Exigent Exigenda is a writ that lyeth where the defendant in an action personall cannot be found nor any thing within the county whereby to be attached or distrained and is directed to the Shyreeue to proclaime and call fiue county daies one after another charging him to appeare vnder the paine of outlawrie Termes of the law This writ lyeth also in an indictment of felony where the party indicted cannot be found Smith de Rep. Angl. li. 2. ca. 19. It seemeth to be called an Exigent because it exacteth the party that is requireth his expearance or forth-comming to answer the lawe for if he come not at the last daies proclamation he is saide to be quinquies exactus and then is outlawed Crompton Iurisd fol. 188. and this M. Manwood also setteth downe for the law of the forest parte i. of his forest lawes pag. 71. See the new booke of Entries verbo Exigent Exigenter Exigendarius anno 18. H. 6. ca. 9. is an officer of the court of common plees of whom there be foure in number They make all Exigents and proclamations in all actions where proces of outlawrie doth lie and writs of supersedeas as well as the protonotaries vpon such exigents as were made in their offices Ex mero motu are words formally vsed in any charter of the Prince whereby he signifieth that he doth that which is coÌtained in the charter of his owne will and motion without petition or suggestion made by any other And the effect of these words are to barre al exceptions that might be taken vnto the instrument wherein they be contained by alledging that the Prince in passing that charter was abused by any false suggestion Kitchin fol. 151. Exoneratione sectae is a writ that lyeth for the kings ward to be disburdened of all suite c. to the Countie Hundred Leet or court Baron during the time of his wardship Fitz. nat br fol. 158. Exparte latis is a writ that lyeth for a Bayliffe or Receiuer that hauing Auditours assigned to heare his accompt cannot obtaine of them reasonable allowance but is cast into prison by them Regist fol. 137. Fitzh nat br fol. 129. The maner in this case is to take this writ out of the Chauncerie directed to the Shyreeue to take foure mainperuours to bring his bodie before the Barons of the Echequer at a day certaine to warn the Lord to appeare at that time Newe Tearmes of the lawe verb. Accompt Expectant is vsed in the common lawe with this word fee and thus vsed it is opposite to Fee-simple For example lands are giuen to a man and his wife in franke mariage to haue and to hold to them and their heires In this case they haue Fee simple But if it be giuen to them and the heires of their body c. they haue tayle and see expectant Kitchin fol. 153. Mathaeus de afflictis vseth the Adiectiue expectativa substantiuely in the same signification Descis 292. num 2. pag. 412. Explees See Espleese Expeditate expeditare is a word vsuall in the Forest signifiing to cut out the balles of the great dogges feet for the preseruation of the Kings game Euery one that keepeth any great dogges not expeditated forfeiteth to the king 3. shillings 4. pence Crompt iurisd fol. 152. M. Manwood vseth the same word parte prim of his Forest lawes pag. 205. and pag. 212. he setteth downe the manner of expeditating dogges heretofore viz. Quòd tres ortelli abscindantur sine pellota de pede anteriori i. that the three clawes of the sorefoot on the right side shall be cut off by the skinne whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same maner of expeditating of dogges shall be still vsed and kept and none other Quaere whence it groweth that M. Crompton and hee differ the one saying that the ball of the foote it cut out the other that the three foreclawes are pared off by the skinne Expensis militum levandis is a writ directed to the shyrecue for levying the allowance for Knights of the Parlament Register original fol. 191. b. Expensis militum non levandis ab hominibus de antiquo dominico nec à natiuis is a writ whereby to prohibite the Shyreeue from levying any allowance for the Knights of the Shire vpon those that hold in auncient demesn c. Regist orig fol. 261. b. Extend extendere commeth of the French estendre i. dilatare dispandere distendere and signifieth in our common lawe to valew the lands or tenements of one bound by statute c. that hath forfeited his bond to such an indifferent rate as by the yearely rent the obligour may in time be paide his debt The course and circumstances of this see in Fitzh nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a writ ordinarily called a writ of extent whereby the valew of lands c. is commaunded to be made and leavied in divers cases which see in the table of the Register originall Extent extenta hath two significations sometime signifiing a writ or commission to the shyreeue for the valuing of lands or tenements Register iudiciall in the Table of the booke sometime the act of the Shyreeue or other Commissioner vpon this writ Brooke titulo Extent fol. 313. Extinguishment in our common law signifieth an effect of consolidation For example if a man haue due vnto him a yearely rent out of any lands and afterward purchase the same lands now both the property and rent are consolidated or vnited in one possessour and therefore the rent is said to be extinguished In like maner it is where a man hath a lease for yeares and afterwards buyeth the property this is a consolidation of the property and the fruites and is an extinguishment of the lease See the terms of lawe Extirpatione is a writ Iudiciall that lyeth against him who after a verdict found against him for land c. doth maliciously ouerthrow any house vpon it c. and it is two-fold one ante iudicium the other post iudicium Register iudiciall fol. 13. 56. 58. Extortion Extortio signifieth in our common law an vnlawfull or violent wringing of mony or mony worth from any man For example if any officer by terrifiing any the kings subiects in his office take more then his ordinary duties he committeth and is inditeable of extortion To this by M. Wests iudgment may be referred the exaction of vnlawfull vsurie winning by vnlawfull games and in one word all taking of more then is due by colour or pretence of right as excessiue tolle in milners excessiue prices of ale bread victuals wares c. West parte 2. Simbol titulo Indictments sect 65. M
quietantiam murdri in exercitu Fleta libr. prim cap. 47. Ferm firma commeth of the French Ferme i. colonia villa praedium and signifieth with vs house or land or both taken by Indenture of lease or lease parol It may likewise not vnaptly be coniectured that both the French and English word came from the Latine firmus for locare ad firmum I find somtime to signifie with others as much as to set or let to farme with vs. The reason whereof may be in respect of the sure hould they haue aboue tenents at will v. vocabul vtriusque iuris verbo Afflictus The authour of the new Termes of lawe deriueth this word from the Saxon feormian which signifieth to feed or yeeld victuall For in auncient time the reseruations were as well in victuals as money which I leaue to the iudgemet of the Reader How many wayes ferme is takeÌ see Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie Fieri facias is a writ iudiciall that lyeth at all times within the yeare and day for him that hath recouered in an action of debt or dammages to the Shyreeue to commaund him to leuie the debt or the dammages of his goods against whome the recouerie was had This writ hath beginning from Westm 2. cap. 18 anno 13. Ed. 1. See old nat br fol. 152. See great diuersitie thereof in the Table of the Register iudiciall verbo Fieri facias Fifteenth Decimaquinta is a tribute or imposition of mony laide vpon euery city borough and other towne through the realme not by the polle or vpon this or that man but in general vpon the whole city or towne so called because it amounteth to one fifteenth parte of that which the city or towne hath bene valued at of ould This is now a dayes imposed by parlament and euery towne through the realme great or lesse knoweth what a fiftenth for themselues doth amount vnto because it is perpetuall whereas the subsidie which is raised of euery particular mans lands or goods must needs be vncertaine because the estate of euery seuerall man is so ticklish and vncertaine And in that regard am I driuen to thinke that this fifteenth is a rate aunciently laide vpon euery towne according to the land or circuit belonging vnto it whereof M. Camden hath many mentions in his Britannia In stead of the rest take a fewe page 168. of Wels in Somerset shire he writeth thus Quo tempore vt testatur ceasualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquiginta hidis geldauit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat thirdly pa. 181. of ould Sarisbury thus pro quinquaginta hidis geldabat and these rates were taken out of Domes day in the Eschequer so that this seemed in ould time to be a yearely tribute in certainty whereas now though the rate be certaine yet it is not leuied but by Parlament See Taske see Quinsie me Filazer Filazarius commeth of the french Filace i. filum filacium it is an officer in the common plees whereof there be 14. in number they make out all originall proces as well reall as personall and mixt and in actions meerely personall where the defendants be returned or sommoned there goeth out the distresse infinite vntill apparence If he be returned Nihil then proces of Capias infinite if the plaintife will or after the third Capias the plaintife may goe to the Exigenter of the Shire where his originall is grounded and haue an Exigent and proclamation made And also the Filazer maketh foorth all writs of viewe in causes where the view is prayed he is also allowed to enter the imparlance or the generall issue in common actions where apparence is made with him and also iudgement by confession in any of them before issue be ioyned and to make out writs of execution thereupon But although they entred the issue yet the protonotarie must enter the iudgement if it be after verdict They also make writs of Supersedeas in case where the defendant appeareth in their offices after the Capias awarded Filctale See Sothale File filacium is a threed or wyer whereon writs or other exhibits in courts are fastened for the more safe keeping of them Finders anno 18. Ed. 3. stat 1. cap. vnico anno 14. R. 2. cap. 10. seeme to be all one with those which in these dayes we call searchers Fine finis commeth of the French fin i. finis and hath diuers applications in our commoÌ lawe sometime being vsed for a formall or ceremonious conueyance of lands or tenements or as West saith titulo Fines sect 25. of any thing inheritable being in esse tempore finis to the end to cut off all controuersies West parte 2. symb sect 1. defineth a fine in this signification couenants made before Iustices and entred of Record And out of Glanvile thus lib. 8. cap. 1. Finis est amicabilis compositio finalis concordia ex consensu licentia Domini Regis vel eius Iusticiariorum And lib. 9. cap. 3. Talis concordia finalis dicitur eo quod finem imponit negotio adeò vt neutra pars litigantium ab eo de caetero poterit recedere And out of Bracton lib. 5. tract 5. cap. 28. num 7. thus Finis ideò dicitur finalis concordia quia imponit finem litibus est exceptio peremptoria The authour of the new termes of lawe defineth it to be a finall agreement had betweene persons concerning any land or rent or other thing whereof any suite or writ is betweene them hanging in any court See the new booke of Entries verbo Fines This fine is of so high a nature that Bracton lib. 3. cap. 7. num 3. hath these words of it Item immediate pertinet ad Regem querela finis factae in curia Domini Regis non observatae Et est ratio quia nemo potest finem interpretari nisi ipse Rex in cuius curia fines fiunt See also anno 27. Ed. prim stat prim cap. prim The Civilians would call this solemne contract transactionem iudicialem de re immobili because it hath all the properties of a transaction if it be considered in his originall vse v. Wesemb parat titulo de transact For it appeareth by the writers of the common lawe aboue named that it is nothing but a composition or concord acknowledged and recorded before a competent Iudge touching some hereditament or thing immoueable that earst was in controuersie betweene those that be parties to the same concord and that for the better credit of the transaction being by imputation made in the presence of the king because it is leuied in his Court and therefore doth it bind women couert being parties and others whom ordinarily the lawe disableth to transact onely for this reason that all presumption of deceipt or euill meaning is excluded where the king is priuy to the acte But discourse of wit and reason
hath in time wrought other vses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off intayles and with more certaintie to passe the interest or the title of any land or tenement though not controuerted to whome we thinke good either for yeares or in fee. In so much that the passing of a fine in most cases now is it but mera fictio iuris alluding to the vse for the which it was invented and supposing a doubt or controuersie where in truth none is and so not onely to worke a present prescription against the parties to the concord or fine and their heires but within fiue yeares against all others not expresly excepted if it be leuied vpon good consideration and without Couin as women couert persons vnder 21. yeares or prisoners or such as be out of the realme at the time when it was acknowledged Touching this mater see the statutes anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. anno 31. Elizab. ca. 2. This fine hath in it fiue essentiall parts the originall writ taken out against the conizour the kings licence giuing the parties libertie to accord for the which he hath a fine called the Kings siluer being accompted a part of the Crownes reuenew Thirdly the concord it selfe which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this maner Sc. Inter R. querentem S. E. vxorem eius deforciantes c. Fifthly the foot of the fine which beginneth thus Hac est finalis concordia facta in Curia domini Regis apud Westm à die Paschae in quindecim dies anno c. So as the foote of the fine includeth all containing the day yeare and place and before what Iustice the concord was made Coke vo 6. casu Teye fol. 38. 39. This fine is either single or double A single fine is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours or any of them A double fine containeth a graunt and render backe againe either of some rent common or other thing out of the land or of the land it selfe to all or some of the Cognizours for some estate limiting thereby many times Remainders to straungers which be not named in the writ of couenant West vbi supra sect 21. Againe a fine is of the effect deuided into a fine executed and a fine executory A fine executed is such a fine as of his owne force giueth a present possession at the least in law vnto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is vpon acknowledgement that the thing mentioned in the concord be ius ipsius cognizati vt illa quae idem habet de dono Cognitoris West sect 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the cognizour Cokes reports li. 3. the case of fines fo 89. b. which is in very deed the surest fine of all Fines executorie be such as of their owne force doe not execute the possession in the Cognizeese as fines sur cognizance de droit tantùm fines sur done graunt release confirmation or render For if such fines be not leuied or such render made vnto them that be in possession at the time of the fines leuied the cognizees must needs siew writs of Habere facias seisinam according to their seuerall cases for the obtaining of their possessions except at the leuying of such executory fines the parties vnto whom the estate is by them limited be in possession of the lands passed thereby for in this case such fines doe inure by way of extinguishment of right not altering the estate or possession of the Cognizee but perchaunce bettring it West vbi supra sect 20. Touching the forme of these fines it is to be considered vpon what writ or action the concord is to be made and that is most commonly vpon a writ of couenant and then first there must passe a paire of indentures betweene the Cognizour and Cognizee whereby the Cognizour couenanteth with the cognizee to passe a fine vnto him of such or such things by a day set down And these indentures as they are first in this proceeding so are they saide to lead the fine vpon this couenant the writ of couenant is brought by the Cognizee against the cognizour who therevpon yeeldeth to passe the fine before the Iudge and so the acknowledgement being recorded the cognizout and his heires are presently concluded and all straungers not excepted after fiue yeares once passed If the writ wherevpon the fine is grounded be not a writ of couenaunt but of warrantia chartae or a writ of right or a writ of mesn or a writ of custome and seruices for of all these fines may also be founded West vbi supra sect 23. then this forme is obserued the writ is serued vpon the party that is to acknowledge the fine and then he appearing doth accordingly See Dier fo 179. nu 46. This word fine sometime signifieth a summe of money paide for an Income to lands or tenements let by lease sometime an amends pecuniarie punishment or recompence vpon an offence committed against the king and his lawes or a Lord of a maner In which case a man is said facere finem de transgressione cum Rege c. Regist Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning see Cromptons Iustice of peace fol. 141. b. 143. 144. and Lamberds Eirenarcha libro 4. ca 16. pa. 555. But in all these diuersities of vses it hath but one signification and that is a finall conclusion or ende of differences betweene parties And in this last sence wherein it is vsed for the ending and remission of an offence Bracton hath it li. 2. ca. 15. nu 8. speaking of a common fine that the Countie payeth to the king for false iudgemeÌts or other trespasses which is to be assessed by the Iustices in Eyre before their departure by the oath of knights and other good men vpon such as ought to pay it with whome agreeth the statute anno 3. Ed. pri ca. 18. There is also a common fine in leetes See Kitchin fo 13. a. v. common fine See Fleta l. 1. ca. 48. Fines pro licentia concordandi anno 21. H. 8. c. 1. See Fine Fine force seemeth to come of the french adiectiue fin and the substantiue force i. vis The adiectiue fin signifieth sometime as much as
craftie wilie or subtill sometime as much as artificiall curious singular exact or perfect as Rien contrefaict fin i. nihil simulatum aut adimitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as is set downe in that worke truly regal intituled ãâã ãâã ãâã ãâã ãâã pa. 115. so that this fine force with vs seemeth to signifie an absolute necessitie or constreint not avoidable and in this sence it is vsed old nat br fol. 78. and in the statute anno 35. H. 8. ca. 12. in Perkins Dower fo 321. and Plowden fo 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a writ to Iustices for the disanulling of a fine levied of lands holding in auncient demesn to the preiudice of the Lord Register originall fol. 15. b. Fine capiendo pro terris c. is a writ lying for one that vpon conviction by a Iury hauing his lands and goods taken into the kings hand and his body committed to prison obteineth fauour for a summe of money c. to be remitted his imprisonment and his lands and goods to be redeliuerd vnto him Register orig fo 132. a. Fine levando de tenementis tentis de Rege in capite c. is a writ directed to the Iustices of the coÌmon plees whereby to licence them to admit of a fine for the sale of land holding in capite Regist originall fol. 167. a. Fine non capiendo pro pulchre placitando is a writ to inhibit officers of courts to take fines for faire pleading Register original fol. 179. See Beau pleder Fine pro redisseisina capienda c. is a writ that lieth for the release of one laid in prison for a redisseisin vpon a reasonable fine Register originall fol. 222. Finarie See Blomarie Finours of gold and siluer be those that purifie and part those metals from other courser by fire and water anno 4. H. 7. ca. 2. They be also called parters in the same place sometime departers Fireboote for the composition looke Hayboote It signifieth allowance or Estovers of woods to maintaine competent fire for the vse of the tenent First fruites primitiae are the profits of every spirituall liuing for one yeare giuen in auncient time to the Pope throughout all Cristendome but by the statute anno 26. H. 8. cap. 3. translated to the Prince for the ordring wherof there was a court erected an 32. H. 8. ca. 45. but this court was dissolued anno pri Mar. sess 2. ca. 10. sithence that time though those profits be reduced againe to the crowne by the statute anno 1. Eliz. ca. 4. yet was the court neuer restored but all maters therein wont to be handled were transferred to the Exchequer See Annats Fishgarthe anno 23. H. 8. ca. 18. Fitche See furre Fitzherberd was a famous lawyer in the daies of King Henry the eight and was chiefe Iustice of the common plees he wrot two worthie bookes one an abridgement of the common lawes another intituled de Natura brevium Fledâit commeth of the Saxon word Fled that is a fugitiue wit which some make but a termination signifiing nothing of it selfe how be it others say it signifieth a reprehen sion censure or correction It signifieth in our auncient lawe a discharge or freedome from amercements when one hauing been an outlawed fugitiue commeth to the peace of our Lord the King of his owne accord Rastall Exposition of words or being licensed Newe termes of lawe See Bloodwit and Childwit See Fletwit Fleete Fleta is a famous prison in London so called as it seemeth of the riuer vpon the side whereof it standeth Camden Britannia pag. 317. Vnto this none are vsually committed but for contempt to the king and his lawes or vpon absolute commaundemeÌt of the king or some of his courts or lastly vpoÌ debt when men are vnable or vowilling to satisfie their creditours Flemeswit or rather Fleherswit commeth of the Saxon word Flean which is a contract of Flegen that is to flie away It signifieth with our lawyers a libertie or charter whereby to chalenge the catel or amercements of your man a fugitiue Rastall Exposition of words See Bloodwit Fleta writeth this word two other waies as Flemenesfree vie or Flemesfreicthe and interpreteth it habere catalla fugitivorum li. 1. ca. 47. Fleta is a feigned name of a learned lawyer that writing a booke of the common lawes of England and other antiquities in the Fleete termed it thereof Fleta He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem li. 1. ca. 20. § qui ceperint li. 2. ca. 66. § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flichtwit is a libertie to courts and to take vp the amercements pro melletis he giueth the reasoÌ because Flicht is called Fliting in french Melle which sometime is conioyned with hand-strookes And in some bookes Placitum de melletis is called the moote or plee of beating or striking Flight See Finer Florences anno 1. R. 3. ca. 8. a kinde of cloth so called Flotsen aliâs Flotzam is a word proper to the sease signifiing any goods that by shipwrecke be lost and lie floting or swimming vpon the toppe of the water which with Ietson and lagon and shares be giuen to the Lord Admirall by his leters patents Ietson is a thing cast out of the shippe being in daunger of wrecke and beaten to the shore by the waters or cast on the shore by the marriners Coke vol. 6. fo 106. a. Lagon aliâs Lagam vel Ligan is that which lyeth in the bottome of the sea Coke ibi Shares are goods due to more by proportion Foder fodrum signifieth in our English tongue a course kinde of meate for horses and other catell But among the Feudists it is vsed for a prerogatiue that the prince hath to be provided of corn and other meate for his horses by his subiects towards his wars or other expeditions Arnoldus Clapmarius de arcanis imperii lib. 1. ca. 11. And reade Hotoman de verbis feudalibus litera F. Folgheres or rather Folgers be folowers if we interpret the word according to the true signification Bracton saith it signifieth eos qui alii deserviunt lib. 3. tract 2. cap. 10. Folkmoote is a Saxon word compounded of Folk i. populus Gemettan i. convenire It signifieth as M. Lamberd saith in his explication of Saxon words verbo Conuentus two kind of Courts one nowe called the countie court the other called the Shyreeues turne This word is still in vse among the Londoners and signifieth celebrem ex omni ciuitate conuentum Stowe in his Suruey of London but M. Manwood in his first part of forest lawes pag. 111. hath these words Folkemote is the court holden in London wherein all the folke and people of the citie did complaine on
for the view perrambulation meering bounding of the place that he mindeth to afforest which returned into the chauncerie proclamation is made throughout all the Shire where the ground lieth that none shal hunt or chace any maner of wilde bests within that precinct without the kings speciall licence after which he appointeth ordinances lawes and officers fit for the preseruation of the vert and venison and so becommeth this a forest by mater of record The properties of a forest are these in speciall first a forest as it is truly and strictly taken cannot be in the hands of any but the king the reason is giuen by M. Manwood because none hath power to graunt commission to a Iustice in Eire for the forest but the king parte 1. pag. 87. The second propertie be the courts as the Iustice seate every three yeare the Swainemoote thrice every yeare Idem eodem pag. 90. parte 2. ca. 1. nu 4. 5. and the attachement once every fortie daies Idem eod pag. 92. The third propertie may be the officers belonging vnto it for the preservation of the vert and venison as first the Iustices of the forest the warden or keeper the verders the foristers Agistours Regarders Bailiffes Bedels and such like which you may see in their places See Manwood part 2. ca. 1. nu 4. 5. But the cheife propertie of a forest both by M. Manwood parte 1. pa. 144. and M. Crompton pag. 146. is the Swainmote which as they both agree is no lesse incident vnto it then the court of Pyepowders to a faire Other courts and offices are not so requisite in those forests that are in the hands of subiects because they be not truly forests but if this faile then is there no thing of a forest remaining but it is turned into the nature of a chace See Chace I reade of thus many forests in England The forest of Windsour in Berkshire Cambd. Britan. pag. 213. of Pickering Crompton 190. of Shirwood idem fol. 202. of Englewood in Cumberland anno 4. H. 7. ca. 6. Crompton fol. 42. of Lancaster Idem fol. 196. of Wolemore Stowes Annals pag. 462. of Gillingham Idem pag. 113. of Knaresborow anno 21. H. 8. ca. 17. of Waltham Camd. pag. 328. of Breden Idem pag. 176. of Whiteharte Idem pag. 150. of Wiersdale Idem pag. 589. and Lownsedall ibidem of Deane Idem pag. 266. anno 8. H. 6. ca. 27. anno 19. H. 7. cap. 8. of Saint Leonards in Southsex Manwood parte 1. pa. 144. of Waybridge Sapler Idem eodem pa. 63. of Whitvey pag. 81. of Fekenham Camd. pa 441. of Rockingham Idem pag. 396. Forest de la mer. Idem pag. 467. of Huckstowe Idem pa. 456. of Haye Manwood part 1. pag. 144. of Cantselly eadem pag. of Ashdowne in the county of Sussex anno 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the countie of Northampton anno 33. H. 8. ca. 38. of Fronselwood in com Somerset Cooke li. 2. Cromw case f. 71. b. I heare also of the forest of Exmore in Deuonshire There may be more which he that listeth may looke for Forester forestarius is a sworn officer of the Forest appointed by the Kings leters patents to walke the forest both earely and late watching both the vert and venison attaching and presenting all trespassers against them within their owne bayliwicke or walke whose oath you may see in Crompton fol. 201. And though these leters patents be ordinarily graunted but quam diu bene se gesserint yet some haue this graunt to theÌ and their heires and thereby are called Foristers or Fosters in fee. Idem fol. 157. 159. Et Manwood parte prima pag. 220. whome in Latine Crompton calleth Foristarium feudi fol. 175. Foreiudger forisiudicatio signifieth in the common lawe a iudgement whereby a man is depriued or put by the thing in question It seemeth to bee compounded of fo rs i. praeter iuger i. iudicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisiudicatur de custodia c. So doth Kitchin vse it fol. 209. and old nat bre fol. 44. 81. and the statute anno 5. Ed. 3. cap. 9. and anno 21. R. 2. cap. 12. Foriudicatus with authors of other nations signifieth as much as banished or as deportatus in the auncient Romaine lawe as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis lib. 3. feudorum Rub. 31. pag. 625. Foregoers be pourveyours going before the king or queene being in progresse to prouide for them anno 36. Ed. 3. cap. 5. Forfeiture forisfactura commeth of the French word forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall lawe then the transgression it selfe as forfeiture of Escheates anno 25. Ed. 3. cap. 2. Statut. de Proditionibus Goods confiscate and goods forfeited differ Stawnf pl. cor fol. 186. where those seeme to be forfeited that haue a knowne owner hauing committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendour as not his owne nor claymed by any other I thinke rather that forfeiture is more generall and confiscation particular to such as forfeit onely to the Princes Exchequer Reade the whole chapter lib. 3. cap. 24. Full forfeiture plenaforisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte prim pag. 341. The Canon Lawyers vse also this word For forisfacta sunt pecuniariae poenae delinquentium Glos in cap. Praesbyteri extra de poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who houlding by knights seruice and being vnder age and vnmaried refuseth her whome the Lord offereth him without his disparagement and marieth another Fitzh nat br fol. 141. H. I. K. L. Register orig fol. 163. b. Forfeng quiet antiam prioris prisae designat in hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. cap. 47. Forgerie See here next following Forger of false deeds Forger of false deedes commeth of the french Forger i. accudere fabricare conflare to beate one an anvile to fashion to bring into shape and fignifieth in our common law either him that fraudulently maketh and publisheth false writings to the preiudice of any mans right or else the writ that lyeth against him that committeth this offence Fitzh nat br fol. 96. B. C. calleth it a writ of deceite See Tearmes of law verbo Forger and Wests Simbol parte 2. Indictments sectio 66. See the new booke of Entries verbo Forger de faits This is a branch of that which the ciuilians call crimen falsi Nam falsarius est qui decipiendi causa scripta publica falsificat Speculator de crimine
falsi Falsi crimen propriè dicitur quod vtilitatis priuatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requiruntur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est punibilis Hostiensis Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any lands or tenements by vertue of any entayle growing from the statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is called forma donationis or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recouery of lands c. giuen to one and the heyres of his bodie or to a man and his wife and the heyres of their two bodies or to a man and his wife being cosin to the donour in franke mariage and afterward alienated by the Donee For after his decease his heyre shall haue this writ against the tenent or alience Fitz. nat br fol. 211. He maketh three sorts of this formdon in the descender The first is in the maner now expressed the second is for the heire of a coparcener that alienateth and dieth fol. 214 The third is called by him In simul tenuit fol. 216. which lyeth for a coparcener or heire in Gauelkind before partition against him to whome the other coparcener or heire hath alienated and is dead Formdon in the reuerter lyeth for the donour or his heires where land entayled to certaine and their issue with condition for want of such issue to reuert to the donour and his heires against him to whom the Donee alienateth after the issue extinct to which it was entayled Fitzh nat br fol. 219. Formdon in the remainder lyeth where a man giueth landes in tayle the remainder to another in tayle and afterward the former tenent in tayle dieth without issue of his bodie and a stranger abateth then he in the remainder shall haue this writ Fitz. nat br fol. 217. See the Register original fol. 238. 242. 243. of this see the new booke of Entries verb. Formdon Forsechoke seemeth to signifie originally as much as forsaken in our moderne language or derelictum with the Romaines It is especially vsed in one of our statutes for land or tenements seised by the Lord for want of seruices due from the tenent and so quietly held and possessed beyond the yeare and day As if we should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by lawe to recouerthem doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them See the statute anno 10. Ed. 1. cap. vnico Forstall is to be quit of amerciaments and catels arrested within your land and the amerciaments thereof comming New termes of lawe Forstalling forstallatio is partly french for Estaller is in that tongue as much as merces exponere expedire explicare or to shew wares in a market or faire It signifieth in our common law the buying or bargaining for any victuals or wares comming to be sould toward any faire or market or from beyond the seas toward any city port hauen creeke or roade of this realme and before the same be there anno 51. H. 3. stat 6. West parte 2. Simbol titulo indictments sect 64. Forstaller in Cromptons Iurisdiction fol. 153. is vsed for stopping of a deere broken out of the forest from returning home againe or laying betweene him and the forest in the way that he is to returne See Regratours and Engrossers See Cromptons Iustice of peace fol. 69. a. The author of the new terms of law defineth it thus Forstalling Forstallamentum is the buying of corne cattell or other merchandies by the way as it commeth toward the faire or market to be sould to the intent to sell the same againe at a more high and deere price Fleta saith thus of it significat obtrusionem vtae vel impedimentum transitus fugae aueriorum li. 1. cap. 47. Fortescue was a learned Lawyer Lord Chauncelor in Henry the 6. dayes who writ a booke in the commendation of our common lawes Fortlet forteletum commeth nete the french fortelet i. valenticulus forticulus and signifieth in our common lawe a place of some strength old nat br fol. 45. This in other countries is written fortalitium and signifieth castrum Scraderus select practabil quest § 12. nu 7. 8. Fother is a weight of twenty hundred which is a waine or cartloade Speight in his Annot. vpon Chawcer Fourche Assorciare seemeth to come of the french fourcher i. titubare liuguà and signifieth in our common lawe a putting off prolonging or delay of an action And it appeasieth no vnpleasant metaphor for as by stammering we draw out our speech not deliuering that we haue to say in ordinary time so by sourching we prolong a suite that might be ended in a shorter space To sourch by essoine Westm 1. cap. 24. anno 3. Ed. prim where you haue words to this effect Coparceners Ioint-tenants and Tenents in common may not sourch by essoine to essoine seuerally but haue only one essoine as one sole tenent may haue And anno 6. Ed. 1. ca. 10. you haue it vsed in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balles of great dogges feet in the forest See Expeditate And to be quit of footegeld is a priuiledge to keepe dogges within the forest vnlawed without punishment or controlment Cromptons Iurisdict fol. 197. Manwood parte pri of his forest lawes pag. 86. Fowles of warren See Warren Founder is he that melteth mettall and maketh any thing of it by casting it into a mold c. anno 17. Rich. 2. cap. 1. deriued of the verbe fundere to powre Franchise libertas franchesia commeth of the french franchise so signifiing it is taken with vs for a priuiledge or an exemption from ordinarie iurisdiction and sometime an immunitie from tribute It is either personall or reall Cromp. Iurisd fol. 141. that is belonging to a personimmediatly or else by meanes of this or that place or court of immunitie whereof he is either chiefe or a member In what particular things franchises commonly consist See Britton cap. 19. Franchise royall anno 15. R. 2. cap. 4. anno 2. H. 5. cap. 7. in fine seemeth to bee that where the kings writs runne not as Chester and Durham they are called Seignories royall an 28. H. 6. cap. 4. The authour of the new Termes of lawe saith that franches royall is where the King graunteth to one and his heires that they shall be quit of tolle or such like See franchise in the new booke of Entries See Bracton lib. 2. cap. 5. See Sac.
is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage GuydaÌgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est GuidagiuÌ quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the ChauÌcerie directed to the said Iustices for the remoouing of the InditemeÌt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinaÌ This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or IudgemeÌt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.
Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi ãâ¦ã See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed away by another old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a writ that lyeth against him that is an heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miserâârdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of
i. hospitio excipere It signifieth with vs an officer of the princes court that allotteth the noble men and those of the household their lodgings It signifieth also in Kitchin an Inkeeper fol. 176. Hereditaments hereditamenta seeme to signifie all such things immoueable be they corporeall or incorporeall as a man may haue to himselfe and his heires by way of inheritance v. anno 32. H. 8. ca. 2. or not being otherwise bequeathed doe naturally and of course descend to him which is our next heire of blood and fall not within the compas of an executour or administratour as chatels doe Heriot See Hariot Hide of land Hida terrae Saxonicè Hidelandes is a certaine measure or quantitie of land by some mens opinion that may be plowed with one plowe in a yeare as the author of the newe Termes saith verbo Hidage by other men it is an hundred acres By Beda who calleth it familiaÌ it is as much as will maintaine a familie Crompton in his Iurisdict fol. 220. saith that it consisteth of an hundred acres euery acre in length 40. perches and in breadth 4. perches everie perch 16. foote and a halfe and againe fol. 222. A hide of land conteineth an hundred acres 8. hides or 800. acres conteine a knights fee. Of this reade more in M. Lamberds Explica of Saxon wordes verbo Hyda terrae See Carue Hide and gaine old nat br fol. 71. Coke lib. 4. Tirringhams case signifieth carable land See Gainage Hidage Hidagium is an extraordinarie taxe to be paide for euery hide of land Bracton li. 2. c. 6. writeth thus of it Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta quae ad Dominum feudi non pertinent c. of this reade the new expounder of lawe termes who saith that hidage is to be quit if the king shall taxe all the lands by hides and yet also graunteth it to be the taxe it selfe saying that it was wont to be an vsuall kind of taxing as well for prouision of armour as payments of money Hinefare See Heinfare Hidel i. H. 7. ca. 6. seeemeth to signifie a place of protection as a Sanctuarie Hierlome See Heirlome Hine seemeth to be vsed for a Seruant at husbandrie and the master hine a seruant that ouerseeth the rest anno 12. R. 2. ca. quarto Hoblers Hobellarii are certaine men that by their tenure are tyed to maintaine a little light nagge for the certifiing of any inuasion made by enemies or such like perill toward the Sea side as Porchmouth c. of these you shall reade anno 18. Ed. 3. stat 2. cap. 7. anno 25. eiusdem stat 5. ca. 8. Hoghenhine is he that commeth guestwise to a house and lieth there the third night After which time he is accounted of his familie in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. cap. 10. In the lawes of King Edward set forth by M. Lamberd he is called agenhine wheare you may reade more of this mater Hithe Hitha is a petit hauen to land wares out of vessels or boates new booke of Entrise fol. 3. colum 3. Hoggeshead is a measure of wine or oyle containing the fourth parte of a tunne that is 63. gallons anno i. R. 3. ca. 13. Hoistings See Hustings Homage Homagium is a french word signifiing fidem clientularem for in the originall grants of land and tenements by way of fee the lord did not onely tie his tenents or feed men to certaine seruices but also tooke a submission with promis and oathe to be true and loyall to him as there lord benefactour This submission was and is called homage the forme wherof you haue in the second statute anni 17. Ed 2. in these words when a free man shall doe homage to his Lord of whome he holdeth in chiefe he shall hold his hands together betweene the hands of his lord and shall say thus I become your man from this day forthe for life for member for wordly honour and shall owe you my faith for the land I hold of you sauing the faith that I doe owe vnto our Soueraigne Lord the king and to mine other Lords And in this maner the Lord of the fee for which homage is due taketh homage of euery tenent as he commeth to the land or fee. Glanvile lib. 9. ca. 1. except they be women who performe not homage but by their husbands yet see Fitzherbert that saith the contrary in his natura br fol. 157. F. Reade Glanuile more at large in the said first chapter with the second third fourth The reason of this M. Skene giueth de verbo significatione verbo Homagium viz. because Homage especially concerneth seruice in warre He saith also that consecrated Bishops doe no homage but onely fidelitie the reason may be all one And yet I find in the Register orig fol. 296. a. that a woman taking liuerie of lands holden by knights seruice must doe homage but not being ioyntly infeoffed for then shee doth only fealtie And see Glanuile in the ende of the first chapter of his nineth booke touching Bishops consecrated whome he denieth to performe homage to the king for their Baronie but onely fealty Fulbeck reconeileth this fol. 20. a. in these words By our lawe a religious man may doe homage but may not say to his Lord. Egodevenio homo vester because he hath professed himselfe to be onely Gods man but he may say I doe vnto you homage and to you shall be faithfull loyall See of this Britton cap. 68. Homage is either new with the fee or auncestrell that is wheare a man and his auncesters time out of minde haue held their lands by homage to their Lord whereby the Lord is tied to warrant the land vnto his tenent newe Termes of the lawe This homage is vsed in other countries as well as ours was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene diuideth it into liegium non liegium de verb. signifi verbo Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime vsed for the Iurie in the Courte Baron Smith de Repub. Anglo lib. 2. cap. 27. The reason is because it consisteth most commonly of such as owe homage vnto the Lord of the fee. And these of the Feudists are called pares curiae sive ourtis siue domus sic dicuntur enim conuassalli siue compares qui ab eodem patrono feudum receperunt vel qui in eodom territorio feudum habent Hotoman Of this homage you may read in the 29. c. of the Grand Custumarie of Normandie where you shall vnderstand of other
is made at large without inserting that or the like clause See Emperlaunce Impeachment of Waste impetitio vasti commeth of the french empeschement i. impedimentum and signifieth with vs a restraint from committing of waste vpon lands or tenements See Waste Implements commeth of the french emploier i. insumere in re aliqua it signifieth with vs things tending to the necessarie vse of any trade or furniture of househould Impost is a french word signifiing tribute comming of the verb imposer i iniungere irrogare it signifieth with vs the taxe receiued by the prince for such merchandise as are brought into any heauen from other nations anno 31. Elizabeth cap 5. and I thinke it may in some sort be distinguished from customs bicause custom is rather that profit which the prince maketh of wares shipped out of the land yet may they be confounded Improuement See Approue In casu consimili is a Writt See casu consimili In casu prouiso is a Writt See casu prouiso Incident incidens signifieth a thing necessarily depending vpon another as more principall for example a court Baron is soe incident to a maner and a court of piepowders to a faier that they cannot be seuered by graunt for if a maner or faire be graunted these coutts cannot be referued Kitchin fol 36. Incroche incrociare Se encrochments Admirals and their deputies doe incroche to themselues Iurisdictions c anno 15. Rich 2. ca 3. Indenture indentura is a writing comprising some contract betwene two and being indented in the toppe aunswerably to another that likewise conteineth the same contract this the Latines called ãâã ãâã ãâã ãâã ãâã or ãâã ãâã ãâã ãâã ãâã which among the ciuilians is defined to be scriptura inter creditorem debitorem indentata in cuius sciscura literis capitalibus haec dictio ãâã ãâã ãâã ãâã ãâã or plurally ãâã ãâã ãâã ãâã ãâã scribitur and it differeth from ãâã ãâã ãâã ãâã ãâã quia hoc manu vnius tantùm puta debitoris scribitur penes debitorem relinquitur pruinc consttut de offic archidiaco cap pri verbo In scriptis vid. Gothosr in notis ad l. 27 § 3. Î . ad leg Corn. de fals Indicauit is a writ or prohibition that lieth for a patron of a church whose Clerk is defendant in court Christian in an action of tithes commenced by another clerke and extending to the fourth part of the church or of the tithes belonging vnto it for in this case the suite belongeth to the kings court by the statute Westm 2 cap 5. wherfore the patron of the defendant being like to be preiudiced in his church and aduowzen if the plaintife obteine in the court Christian hath this means to remoue it to the kings court the Register originall fol. 35. b. see ould nat br fol. 31. the register fol 35. and Britton cap 109. fol. â60 A. Indictment Indictamentum see indightment Indiuisum is vsed in the common law for that which two houlde in common without particioÌ Kitchin fol. 241. in these words he houldeth pro indiuiso c Indorsment indorsamentum signifieth in the common law a condition writen vpon the other side of an obligation West part 2. simbol sect 157. Infang alias infeng significat quietantiam prioris prisae ratione conuiuij Fleta l i. cap 47. Infangthef or Hinfangthefe or Infangtheof is compounded of 3. Saxon words the preposition In fang or fong to take or catch thef it signifieth a priuiledge or libertie graunted vnto Lords of certaine maners to iudge any theeife taken within there fee. Bracton lib. 3. tracta 2. cap. 8. In the lawes of King Edward set out by M. Lambard nu 26 you haue it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illiverò qui non habent has consuetudines coram insticia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol 90. b. and Roger Houeden parte poster suoruÌ annalium fol. 345. b. M. Skene de verborum significatione verbo Infangthefe who writeth of it at large reciting diuersitie of opinions touching this and outfangthefe Fleta saith that infangtheef for soe he writeth it dicitur latro captus in terra alicuius seisitus aliquo latrocinio de suis propriis hominibus libro 1. cap 47 § Infangtheefe Information See Enditement See the new termes of lawe Informer informator in french informateur is an officer belonging to the exchequer or kings bench that denounceth or complaineth of those that offend against any penall statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Ciuilians are called delatores Informatus non sum is a formall aunswer or of course made by an atturney that is commaunded by the court to say what he thinketh good in the defence of his client by the which he is deemed to leaue his client vndefended and so iudgement paseth for the aduerse party See the new booke of Entries titulo Non sum informatus and Iudgement 12. Ingressu is a writ of entrie that is whereby a man seeketh entry into lands or tenements it lyeth in many diuers cases wherit hath as many diuersities of formes See Entry this writ is also called in the particular praecipe quod reddat because those be formall words in all writs of entry The writs as they lye in diuers cases are these described in the old natura breu Ingressu ad terminum qui praetertit fol. 121. originall Regist sol 227. which lyeth where lands or tenements are let to a man for terme of yeares and the tenent houldeth ouer his terme Ingressu dum non fuit compos mentis fol. 223. original regist fol. 228. which lyeth where a man selleth land or tenement when he is out of his wits c. Ingressu dum fuit infra aetatem fol. 123. Register originall fol. 228. which lyeth where one vnder age selleth his lands c. Ingressu super deseisina in le quibus fol. 125. Regist orig fol. 229. which lyeth where a man is disseised and dyeth for his heire against the disseisour Ingressu in per fol. 126. original register fol. 229. Ingressu sur cui in vita fol. 128. originall Register fo 239. both which see in Enrry Ingressu cause matrimonii praelocuti fol. 130. original register fol. 233 which see causa matrimonii praelocuti Ingressu in casu proviso f. 132. Register original fo 235. which see casu pro viso Ingressu cui ante diuortium fol. 130. original register fol. 233. for which see cui ante diuorium Ingressu in consimili casu fol. 233. originall Register fol. 236. for which see Confimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230 for which see Sine assensu capituli Ingressu ad communem legem fol. 132. originall
register fol. 234. which lyeth where the tenent for terme of life or of anothers life tenent by curtesie or tenent in Dower maketh a feofment in fee dyeth he in the reuersion shall haue the foresaid writagainst whomsoeuer that is in the land after such feofment made Ingrossing of a fine is making the indentures by the chirographer and the deliuery of them to the party vnto whom the cognisance is made Fitzh nat br fol. 147. A. Ingrosser ingrossator commeth of the frence Grosseur i. crassiiudo or Grosier i. Solidarius venditor it signifieth in the common law one that buieth corne growing or dead victuall to sell againe except barly for mault oats for oatemeale or victuals to retaile badging by licence and buying of oiles spices and victualls other then fish or salte anno 5. Edward 6. cap 14. anno 5. Elizab cap 14. anno 13. Elizab. cap 25. these be M. Wests words parte 2. simbol titulo Inditements sect 64. howbeit this definition rather doth belong to vnlawfull ingrossing then to the word in generall see Forstaller Inheritance hareditas is a perpetuity in lands or tenements to a man and his heirs For Litleton cap i. lib i hath these words and it is to be vnderstand that this word inheritance is not onely vnderstand where a man hath inheritance of lands and tenements by discent of heritage but also euery fee simple or fee taile that a man hath by his purchase may be said inheritance for that that his heires may inherit him Seuerall inheritance is that which two or moe hould seuerally as if two men haue land giuen them to them and the heires of their two bodies these haue ioynt estate during their liues but their heires haue seuerall inheritance Kitchin fol 155. See the new terms of law verbo Enheritance Inhibition Inhibitio is a writt to inhibit or forbid a Iudge from farder proceding in the cause depeÌding before him See Fitzh nat br fol 39. where he putteth prohibition and inhibition together inhibition is most commonly a writ issuing out of a higher courte Christian to a lower and inferiour vpon an Appeale anno 24. H. 8. cap 12. and prohibition out of the kings courte to a court Christian or to an inferiour temporall court Iniunction iniunctio is an interlocutory decree out of the ChaÌcerie sometimes to giue possession vnto the plaintife for want of apparence in the defendant sometime to the Kings ordinary court and somtime to the court Christian to stay proceeding in a cause vpon suggestion made that the regour of the law if it take place is against equitie and conscience in that Case see West parte 2. simb titulo Proceeding in Chauncery sect 25. Inlawgh Inlagatus vel homo sub lege signifieth him that is in some frank pledge of whome take Bractons words l. 3. tracta 2. cap. H. nu 5. Minor verò qui infra aetatem duodecim annoruÌ fuerit vtlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlowghe anglicè sc in franco plegio siue decenna sicut masculus duodecim annorum vlteriuÌs c. Inlaughe significat hominem subiectum leg i Fleta li. i. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the kings protection and to the benifite or estate of a subiect Bracton lib. 3 tracta 2 cap. 14. nu 6. 7. 8. Britton cap 13. Inmates are those that be admitted to dwell for their mony iointly with another maÌ though in seuerall roomes of his mantioÌ house passing in and out by one doore and not being able to maintaine themselues which are inquiralle in a leete Kitchin fol 45 where you may reade him at large who be properly Inmates in intendment of law and whoe not Imprision anno 18 Ed 3 statu 4 cap. vnico seemeth to signifie so much as an attempt comming of the french empris which is all one with enterpris an enterprise Inquirendo is an authoritie giuen to a person or persons to inquire into some thing for the kings aduantage which in what cases it lieth see the Register originall fol. 72. 85. 124. 265. 266. 179. 267. Inquisition Inquisitio is a maner of proceeding in maters criminall by the office of the Iudge which Hostiensis defineth thus Inquisitio nihil aliud est quà m alicuius criminis manifesti ex bono aquo Iudicis compeientis canonicè facta investigatio ca. qualiter de accusatio In the Decretales this course we take here in England by the great Enquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with vs vsed for the King in temporall causes and profits in which kinde it is confounded with Office Stawnf praerog fo 51. See Office Inrolement Irrotulatio is the registring recording or entring of any lawful act in the rowles of the chauncerie as recognisance acknowledged or a statute or a fine leuied See West parte 2. symbol titulo Fines sect 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kinde of theeues in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that libertie did receiue in such booties of catell or other things as the out parters brought in vnto them See Out parters Interdiction Interdictio is vsed in the common lawe in the same signification that it hath in the canon lawe where it is thus defined interdictio est censura ecclesiastica prohibens administrationem diuinorum c. quod in te de paenitent remiss in the Decretals and thus is it vsed anno 24. H. 8. cap. 12. Interpleder See Enterpleder Intrusion Intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est vbi quis cui nullum ius competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem iacentem antequam adita fuerit ab harede vel saltem a domino capitals ratione custodiae vel ratione eschaeta si forte heredes non existant vel si post mortem alicuius per finem factum vel per modum donationis vbi successio sibi locum vendicare non possit vel si post mortem alicuius qui tenuit ad vitam debeat tenementum reverti ad proprietariuÌ ponat quis se in seisinaÌ antequaÌ tenemeÌtuÌ illud veniat ad illuÌ ad quem pertinere deberet ex praedictis causis with whome agreeth Fleta lib. 4. cap. 30. § 1. 2. See Britton cap. 65. to the same effect See the newe booke of Entries verbo Entrusion See Entrusion See disseisin the author of new Terms of lawe would haue intrusion especially after the tenent for life is deceased verbo Abatement and abatement in all other cases But I finde
Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominuÌ status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpoÌ any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio is a dignity which a man hath by a power to doe Iustice in causes of complaint made before him And there be two kinds of Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the
Bracton lib. 2. cap. 16. num 3. and Britton cap. 39. For hee pardoneth life and limme to offendours against his crowne and dignitie except such as he bindeth himself by oath not to forgiue Stawnf pl. cor lib. 2. cap. 35. And Habet omnia iura in manu sua Bracton lib. 2. cap. 24. num prim And though at his coronation he take an oath not to alter the lawes of the land Yet this oath notwithstanding hee may alter or suspend any particular lawe that seemeth hurtfull to the publike estate Blackwood in Apologia Regum c. 11. See Oath of the king Thus much in short because I haue heard some to be of opinioÌ that the lawes be aboue the king But the kings oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which looke in Oath of the King The kings oath in English you may see in the old abridgement of Statutes titulo Sacram. Regis Fourthly the kings only testimonie of any thing done in his presence is of as high nature and credit as any Record Whence it coÌmeth that in all writs or precepts sent out for the dispatch of Iustice he vseth none other witnesse but himselfe alwaies vsing these words vnder it Teste me ipso Lastly he hath in the right of his crowne many prerogatiues aboue any common person be he neuer so potent or honourable whereof you may reade your fill in Stawnf tractate vpon the Statute thereof made anno 17. Ed. 2. though that containe not all by a great number What the kings power is reade in Bracton lib. 2. cap. 24. nu prim 2. King of Heradls Rex HeraldoruÌ is an officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Iudgment seate where the Kinge of England was wont to sitte in his owne person and therefore was it moueable with the court or kings Houshould And called Curia domini Regis or Aula Regia as M. Gwine reporteth in the preface to his readings and that in that and the Exchequer which were the only courts of the king vntill Henry the thirds daies were handled all maters of Iustice as well Ciuill as Criminall whereas the court of common plees might not be so by the statute anno 9. H. 3. cap. 11. or rather by M. Gwins opinion was presently vpon the graunt of the great charter seuerally erected This court of the Kings bench was wont in auncient times to be especially exercised in all Criminall maters plees of the crowne leauing the handling of priuate contracts to the cownty court Glanuil lib. 1. cap. 2. 3. 4. li. 10. cap. 18. Smith de Repub Anglicana lib. 2. cap. 11. and hath president of it the Lord Cheife Iustice of England with three or foure Iustices assistaunts four or fiue as Fortescu saith cap. 51. and officers thereunto belonging the clearke of the crowne a Praenatory or Protonotari and other sixe inferior ministers or Atturnies Camd Britan pag. 112. See Latitat How long this court was moueable I finde not in any wrighter But in Brittons time who wrot In K. Ed the 1. his daies it appeareth it followed the court as M. Gwin in his said preface wel obseruethout of him See Iustice of the Kings Bench. Kings siluer is properly that mony which is due to the king in the court of common plees in respect of a licence there graunted to any man for passing a fine Coke vol. 6. fo 39. a. 43. b. Kintall of woad iron c. is a certaine waight of merchandize to the valew of a hundred or something vnder or ouer according to the diuers vses of sundry nations This word is mentioned by Plowden in the case of Reniger and Fagossa Knaue is vsed for a man seruant a. 14. Ed. 3. stat 1. ca. 3. And by M. Verstigans iudgemeÌt in his RestitutioÌ of decaied intelligence ca. 10. it is borowed of the dutch cnapa cnaue or knaue which signifie all one thing and that is some kinde of officer or seruant as scild-cnapa was he that bore the weapon or shield of his superior whom the latines call armigerum and the French men escuyer Knight Miles is almost one with the Saxon Cnight i. Administer and by M. Camdens iudgment pag. 110. deriued from the same with vs it signifieth a gentleman or one that beareth Armes that for his vertue and especially Martiall prowes is by the King or one hauing the Kings authority singled as it were from the ordinary sort of gentlemen and raised to a higher accompt or steppe of dignity This among all other nations hath his name from the Horse Because they were wont in auncient time to serue in warrs one horsbacke The Romans called them Equites the Italians at these daies terme them Cauallieri The French men Cheualliers The German Reiters The Spaniard Caualleros or Varoncs a Cauallo It appeareth by the statute anno 1. Ed. 2. cap. 1. that in auncient times gentlemen hauing a full knights fee and houlding their land by knights seruice of the king or other great person might be vrged by distresse to procure himselfe to be made knight when he came to mans estate for the answerable seruice of his Lorde in the Kings warres To which point you may also reade M. Camden in his Britannia pag. 111 But these customes be not nowe much vrged this dignity in these dayes being rather of fauour bestowed by the Prince vpon the worthier sort of gentlemen then vrged by constraint The maner of making knights for the dignitie is not hereditarie M. Camden in his Britan. pag. 111. shortly expresseth in these words Nostris verò temporibus qui Equestrem dignitatem suscipit flexis genibus educto gladio leuiter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Cheualier au nom de Dieu id est Surge aut Sis Eques in nomine Dei The solemnitie of making Knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the priuiledges belonging to a knight in Fernes Glorie of Generositie pag. 116. Of these knights there be two sorts one spirituall another temporall Cassanaeus in gloria mundi parte 9. Considerat 2. of both those sorts and of many subdiuisions reade him in that whole part The temporall or second sort of knights M. Ferne in his Glorie of generositie pag. 103. maketh threefold here with vs. Knights of the sword Knights of the Bath and Knights of the soueraigne Order that is of the Garter of all which you may reade what he saith I must remember that mine intent is but to explain the termes especially of our common lawe Wherefore such as I find mentioned in Statutes I will define as I can M Skene de verb. significat verbo Milites saith that in the auncient lawes of Scotland Freeholders were called Milites Which may seem to haue bene a custome with vs
anno 1. Iac. cap. 33. conteineth 12. dozen of hides or skins Latitat is the name of a writ whereby all men in personall actions are called originally to the Kings bench Fitz. nat br fo 78. M. And it hath the name from this because in respect of their beter expedition a man is supposed to lurke and therefore being serued with this writ he must put in securitie for his appearance at the day for latitare est se malitiosè occultare animo fraudandi creditores suos agere volentes l. Fulcinius § Quid sit latitare ãâã ãâã ãâã ãâã ãâã Quibus ex causis in possessionem eatur But to vnderstand the true original of this writ it is to be knowne that in auncient time whilest the kings bench was moueable and followed the court of the King the custome was when any man was to be siewed to send forth a writ to the Shyreeue of the county where the Court lay for the calling him in and if the Shyreeue returned non est inventus in baliva nostra c. then was there a second writ procured foorth that had these words testatum est eum latitare c. and thereby the Shyreeue willed to attach him in any other place where he might be found Now when the tribunall of the Kings bench came to be setled at Westminster the former course of writ was kept for a long time first sending to the Shyreeue of Midlesex to summon the party and if he could not be found there then next to apprehend him wheresoeuer But this seeming too troublesome for the subiect it was at last deuised to put both these writs into one and so originally to attache the party complained of vpon a supposall or fiction that he was not within the county of Middlesex but lurking else where and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a writ directed to the Shyreeue of the county where he is suspected to be and by this writ a man being brought in is committed to the Marshall of that court in whose custodie when he is then by reason he is in the same countie where the Kings bench is he may be siewed vpon an action in that court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that court I haue bene enformed that the bringing of these actions of trespas so ordinarily to the kings bench was an inuention of Councelers that because onely Sergeants may come to the common plees barre found a meanes to set themselues on worke in that court The forme of this writ is such Iacobus Dei gratia Angliae Francis Scotiae Hiberniae Rex fidei defensor c. Vicecomiti Cantabrigiae salutem Cum Vicecomitinostro Midlesexiae nuper praeceperimus quod caperet Thomam T. Wilielmum W. si inuenti fuissent in balliua sua eos saluo custodiret ita quòd haberet corpora eorum coram nobis apud Westminster die veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito trangressionis cumque vicecomes noster Midlesexiae ad diem illum nobis returnauerit quod praedicti Thomas T. Wilielmus W. non sunt inuenti in balliua sua super quo ex part praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Wilielmus latitant discurrunt in comitatu tuo Idcirco tibipraecipimus quòd capias eos si inveÌtifuerint in balliua tua eos salvo custodias it a quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto deplacito praedicto habeas ibi tunc hoc breve Teste Iohanne Pâpham apud Westminster Roper Launcegay anno 7. Rich. secundi cap. 13. Law lex cometh of the Saxon lah the generall significatioÌ is plaine only this I thought to note that the law of this land hath beene variable For first Dunwallo Mulmutius otherwise Molincius a Brittaine that being Duke of Cornwall reduced the whole land formerly seuered by ciuile wars into the state of a Monarchy made certaine wholsome lawes which long after were called Mulmutius lawes and by Gyldas translated out of the Bryttish tongue into latine Stow in his Annals pag. 16. Of these there remaine yet certaine heads recorded by our historiographers as followeth 1. vt Deorum templa ciuitates hominum consequantur tantam dignitatem ne quis illò confugiens extrahipossit antequà m ab eo quem laeserat veniam impetraverit 2. vt huiusmods privilegium immunitatis habeant etiam ipsae viae quae ducunt ad templa ad vrbes 3. Imo iumenta quoque illa quae res rusticae subueniunt 4. Denique colonorum aratra ipsa tali praerogativa libertatis perfruantur 5. Hoc amplius vt ne quaterra vacaret culturâ neve populus inopia reifrumentariae premeretur aut ea minueretur si pecora sola occuparent agros qui ab hominibus coli dobent 6. Constituit quot aratra quaelibet dioece sis haberet ac poenam statuit iis per quos ille numerus aratrorum foret diminutus 7. Item vetuit bovem aratorâm pro debito pecuniae assignari debitoribus si alia bonae debitoris essent Ita fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid carum rerum quas natura praebet hominibus vsquam deesse posset Rich. Vitus historiarum Britanniae li. 3. nu 1. And of these lawes we finde no obscure remanets in our lawes now in vse See Magna charta ca. 1 câ 14. See Sanctuary See Peace Then was there a lawe called Merchenlage whereby the Mercians were gouerned being a kingdome in the heart of the land conteining those countries that be nowe called Northampton shire Leycester shire Rutland shire Lincolne shire Nottingham shire and Derby shire Camd. Britan. pag. 94. whose power was great in the Heptarchy of the Saxons vntill at the last they were conquered by the west Saxons and made subiect to them Polydor. in Angl. Hist lib. 5. But whereas the name of these lawes sauoureth of the Saxons time it is reported by others that Martia a very learned Queene and wife to Quintelinus a Britton king was the author of them long before the Saxons set foote in England Rich. Vitus histo Britan. li. 3. nu 14. who also saith that Alphred the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the lawe of the west Saxons called west Saxenlage and the lawe of the Danes when they set foote into the Realme called Denelage And of these lawes Edward made one lawe as some write whereby he ruled his kingdome But M. Camd. vbi supra speaking nothing of
Mulmutius lawes saith out of Geruasius Tilburiensis that of the other three William the Conquerour chose the best and to them adding of the Norman lawes such as he thought good he ordeined lawes for our kingdome which we haue at this present or the most of them Lawe hath an especiall signification also wherein it is taken for that which is lawfull with vs and not els where As tenent by the courtesie of England anno 13. Ed. 1. cap. 3. and againe to wage lawe vadiare legem and to make lawe facere legem Bracton lib. 3. tract 2. cap. 37. is to chalenge a speciall benefite that the lawe of this Realme affordeth in certaine cases whereof the first sc vadiarâ legem is to put in securitie that he will make lawe at a day assigned Glanuile lib. 1. cap. 9. and to make law is to take an oath that he oweth not the debt chalenged at his hand and also to bring with him so many men as the court shall assigne to avowe vpon their oath that in there conscieÌces he hath sworne truly And this lawe is vsed in actions of debt without specialty as also where a man comming to the court after such time as his tenements for default be seised into the Kings hands will denie himselfe to haue beene summoned Glanuile lib. 1. cap. 9. 12. and See Bracton vbi supra nu 1. v. Kitchin fol. 164. See the newe exposition of lawe Termes verbo Ley this is borrowed from Normandie as appeareth by the grand Custumarie cap. 8y But Sir Edward Cooke saith it springeth originally from the iudiciall lawe of god li. 4. of his reports Slades case fol. 95. b. alleaging the 22. cap. of Exodus versu 7. Whether so or not the like custome is among the Feudists by whome they that come to purge the defendant are called Sacramentales libro feud 1. tit 4. § 3. titulo 10. titulo 26. Lawe of armes ius militare is a law that giueth precepts rules how rightly to proclaime warre to make and obserue leagues truce to set vpon the enemie to retire to punish offendours in the campe to appoint souldiers their pay to giue euery one dignitie to his desert to diuide spoiles in proportion and such like for farder knowledge wherof reade those that write de iure bells Lawe day signifieth a leete Cromptons Iurisdict fol. 160. and the county court anno 1. Ed. 4. cap. 2. Lawles man is he qui est extra legem Bracton lib. 3. tract 2. cap. 11. nu 1. See Outlawe Lawe of Marque See Retrisalles This word is vsed anno 27. Ed. 3. stat 2. ca. 17. and groweth from the German word March i. limes a bound or limite And the reason of this appellation is because they that are driuen to this lawe of reprisall do take the goods of that people of whome they haue receiued wrong and cannot get ordinary iustice when they can catch them within their owne territories or precincts Lawe Merchant is a priuiledge or speciall lawe differing from the common lawe of England and proper to merchants and summary in proceeding anno 27. Ed. 3. stat 8. 9. 19. 20. anno 13. Ed. 1. stat tertio Lawing of dogs expeditatio canum See Expeditate Mastifs must be lawed euery three yeare Cromptons Iurisd fol. 163. Lease lessa commeth of the French laysser i linquere relinquere omittere permittere It signifieth in our common lawe a dimise or letting of lands or tenements or right of common or of a rent or any hereditament vnto another for terme of yeares or of life for a rent reserued And a lease is either written called a lease by Indenture or made by word of mouth called a lease paroll See the newe Termes of the lawe The party that letteth this lease is called the leassour and the partie to whom it is let the leassee And a lease hath in it sixe points viz. words importing a dimise a leassee named a commencement from a day certaine a term of yeares a determination a reseruation of a rent Coke vol. 6. Knights case fol. 55. a. Leete leta is otherwise called a lawe day Smith de Republ. Anglor lib. 2. cap. 18. the word seemeth to haue growne from the Saxon Lethe which as appeateth by the lawes of king Edward set out by M. Lamberd num 34. was a court or iurisdiction aboue the Wapentake or Hundred comprehending three or foure of them otherwise called Thryhing and contained the third patt of a Prouince or Shire These iurisdictions one and other be now abolished and swallowed vp in the Countie court except they be held by prescription Kitchin fol. 6. or charter in the nature of a franchise as I haue said in Hundred The libertie of Hundreds is rare but many Lordes together with their courts Baron haue likewise Leetes adioyned and thereby do enquire of such transgressions as are subiect to the enquirie and correction of this Court whereof you may read your fill in Kitchin from the beginning of his booke to the fifth chapter and Briton cap. 28. But this court in whose maner soeuer it be kept is accompted the kings court because the authoritie thereof is originally belonging to the Crowne and thence deriued to inferiour persons Kitchin fol. 6. Iustice Dyer saith that this Leete was first deriued from the Shyreeues Turn fol. 64. And it enquireth of all offences vnder high treason committed against the Crowne and dignitie of the king though it cannot punish many but must certifie them to the Iustices or Assise per Statut. anno 1. Ed. 3. cap. vlt. Kitchin fol. 8. but what things bee onely inquirable and what punishable see Kitchu in the charge of a court Leet fol. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. See also the Statute anno 18. Ed. 2. The Iurisdiction of Bayliffes in the Dutchy of Normandie within the compasse of their Prouinces seemeth to be the same or very neare the âame with the power of our Leete cap. 4. of the grand Custumarie Legacie legatum is a particular thing giuen by last will and testament For if a man dispose or transferre his whole right or estate vpon another that is called Haereditas by the Ciuilians and he to whome it is so transferred is tearmed haeres Howbeit our common Lawyers call him Heire to whom all a mans lands and hereditaments doe descend by right of bloud See Heire See Hereditaments Leproso amouendo is a writ that lyeth for a Parish to remoue a Leper or Lazar that thrusteth himselfe into the company of his neighbours either in church or other publike meeting and communeth with them to their annoyance or disturbance Regi orig fol. 267. Fitz. nat br fol. 234. Lestage aliâs lastage lastagium proceedeth from the Saxon word last i. onus and is a custome chalenged in Faires markets for carying of things Rastals Exposition of words or a custome chalenged in cheapings or Faires Saxon in the description of England
tract 2. cap. 7. 10. 12. and Fleta li. 6. cap. 10. Horne in his second booke of his mirrour ca. des Essoines saith that the aduerse party may graunt licentiam surgendi to his aduersary thus essoyned And if he will not the king vpon iust cause may Licentia surgendi is the writ whereby the tenent essoyned de malo lecti obteineth liberty to rise See Licence to arise See the Register fol. 8. Licentia transfretandi is a writ or warrant directed to the keepers of the Port at Douer c. willing them to let some passe quietly ouer sea that hath formerly obteined the kings licence thereunto Reg. Orig. fol. 193. b. Lieftenent locum tenens is a French word signifiing as much as Legatus it is compounded of Lieu. i. Locus and tenir i. tenere It signifieth with vs him that occupieth the kings place or representeth his person as the Liefetenent of the Kings of Ireland anno 4. H. 5. cap. 6. so is it vsed anno 2. 3. Ed. 6. cap. 2. whence that officer seemeth to take his beginning But I read also in M. Manwoods first part of forest lawes pag. 113. that the lord cheife Iustice in Eyre of the Forest and the cheife warden also haue their Liefetenents in the forest So that though a Leiftenent be most ordinary and most properly vsed for the Depute of the king yet is it sometime exteÌded to ther deputes that be but Liefetenents to the King Liefetenent of the Ordinance anno 39. El. ca. 7. Liege ligius is a word borowed from the Feudists and hath two seuerall significations in our common lawe sometime being vsed for Liege Lord. anno 34. 35. H. 8. cap. 1. anno 35. eiusdem cap. 3. and somtimes for Liege man anno 10. R. 2. cap. vnico anno 11. eiusdem cap. prim Liege Lord is he that acknowledgeth no superiour Duarenus in Comment de Consuetud Feudorum cap. 4. num 3. Liege man is he that oweth legeancie to his liege Lord. M. Skene de verb. sign verbo Ligeantia saith that it is deriued from the Italian word liga i. a band league or obligation in whom read more of this mater Ligeancie is such a duty or fealtie as no man may owe or beare to more then one Lord. Idem eodem num 4. I find also this definition of ligeancie in the grand Custumarie of Normandy cap. 13. Ligeantia est ex qua Domino tenentur vasalli sui contra omnes homines qui mori possunt viuere proprii corporis praebere consilii auxilii iuvamentum ei se in omnibus innocuos exhibere nec ei adversantium partem in aliquo confouere Dominus etiam eosdem tenetur regere protegere defensare eosque secundum iura consuetudines leges patriae pertractare this is otherwise called lâgietas Cassan de Consuetud Burgund pag. 420. 421. This word is vsed in the statutes of our realm as the kings liege people anno 14. H. 8. c. 2. Of the oath of leageancy Iacobutius de Franchis in praeludio feudorum cap. 2. nu 138. hath these words Praestatur hoc Ligeum Homagium in manibus Regis vel imperatoris genibus flexis positis manibus iunctis in manibus Domini dicendo Ego iuro homagiuÌ tibi Dom. vt a modo sim homo ligeus vester contra omnem hominem qui potest viuere verba sunt pulchra Andr. de Isern in cap. 1. in verbo omnem Colum prima de noua forma fidelita hoc ligeum Homagium videmus praestari domino Regi tantum quia cum per id efficiatur homo solius illius cui iuratur vt dixit Hostiensis in cap. ex diligenti de Symon alii non potest praestari i. quia illius solius esse similiter non potest Non ãâ¦ã esse potest duorum in solidum l. si vt certo § si duobus vehiculum ãâã commodati secundùm And in dicto cap 1. § omnem Bald hic in 7. diuis Aluar. in 13. diuisione Non ligeum verò dicitur quando quis âârat fidelitatem Domino excepta aliqua persona viz. domino superiori vel antiquiore Hactenus Iacobutius where you may reade more touching this point as also in Hotomans disputations de feudis pag. 816. fol. 820. c. Ligeance Ligeantia See Liege It sometime signifieth the dominions or territoritie of the Liege Lord as anno 25. Ed. 3. stat 2. Children borne out of the Ligeance of the King Lierwit est mulcta adulteriorum Fleta li. 1. ca. 47. It is vsed for a libertie whereby a Lord chalengeth the penalty of one that lyeth vnlawfully with his bond woman See Lotherwit Limitation of Assise Limitatio assisae is a certaine time set downe by statute within the which a man must alledge himselfe or his auncester to haue bin seised of lands siewed for by a writ of Assise See the statute of Merton cap. 8. anno 20. H. 3. and West 1. cap. 38. and an 32. H. 8. c. 2. an 1. M. 1. p. c. 5. See also Theloals digest of writs lib. 10. cap. 2. So it is vsed in the old nat br fol. 77. in these words the writ de consuetudinibus seruitiis lyeth where I or mine Auncesters after the limitation of Assise were not seised of the Customes c. But before the Limitation of Assise wee were seised c. Lindwood was a Doctor of both Ciuill and Canon lawes and Deane of the Arches he was Embassadour for Henry the fiueth into Portingall anno 1422. as appeareth by the preface to his commentarie vpon the Provincialls Litleton was a lawyer of great accompt liuing in the daies of Edward the fourth as appeareth by Stawnf praerogat cap. 21. fol. 72. he wrot a booke of great accompt called Litletons tenoures which Hotoman in his commentary de verbis feudalibus verb. Foedum thus commendeth Stephanus Pasquerius excellenti vir ingenio inter Parisienses causidicos dicendi facultate praestans libellum mihi Anglicanum Litletonum dedit quo Feudorum Anglicorum lura exponuntur ità inconditè absurde inconcinnè scriptum vt facilè appareat verum esse quod Polidorus Virgilius in Anglica historia scribit stultitiam in eo libro cum malitia calumniandi studio certare Literae ad faciendum attornatum pro secta facienda see in the Regist originall fol. 172. Literae de annua pensione eodem 266. 307. Litera patens ad faciendum generaleÌ atturnatum quia infirmus eodem fol. 21. Litera per quam dominus remittit curiam suam Regi eodem fol. 4. Literae de requestu eodem fol. 129. Literae canonici ad exercendam iurisdictionem loco suo fo 305. Literae patentes ad conferendum beneficta domino in remotis agente fol. 305. Literae ad innote sceÌdum recuperationem Regis de ecclesia omnibus quorum interest fol. 305. Literae patentes regis quod Abbas ad totam vitam suam possit
to be very tenent to that Lord of whom he immediately holdeth So that if there be lord aboue lord mesn and tenent the lord aboue is not very lord to the tenent nor the tenent very tenent to the lord aboue Lord in grosse Fitz. nat br fol. 3. is he that is lord hauing noe maner as the king in respect of his crown idem f. 5. F. See him also fol. 8. A. B. where I finde a case wherein a priuate man is lord in grosse viz. a man maketh a gift in tayle of all the land hee hath to hold of him and dyeth his heire hath but a Seignorie in grosse Lorimers anno 1. R. 3. cap. 12. is one of the companies in London tha makeht bits for bridles of horses and such like The name seemeth to be taken from the latine lorum and is else where writen Lorinors Lotherwit aliâs Leyerwit is a libertie or priueledge to take amends of him that defileth your bondwoman without licence Rastall exposition of words It is an amends for lying with abondwoman Saxon in his description of England cap. 11. Some thinke it should be rather writen Legerwit For Leger is the Saxon word for a bedde or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit Lusernes See Furre Lushoborow is a base coine vsed in the daies of King Ed. the 3. coined beyoÌd Seas to the likenes of English money and brought in to deceiue the King and his subiects To auoide the which it was made treason for any man wittingly to bring in any such an 25. Ed. 3. stat 4. cap. secundo M MAcegriefs aliâs Macegrefs be such as willingly buie and sell stolen slesh Britton cap. 29. fo 71. b. Cromptons Iustice of peace fo 193. a. Magna assisa eligenda is a writ directed to the Shyreeue to summon foure lawful knights before the Iustices of Assise there vpon their oathes to chuse 12. knights of the vicenage c. to passe vpon the great assise betweene A. plaintife and B. defendant c. Register originall fol. 8. a. Magna Charta called in English the great charter is a charter conteining a number of lawes ordained the ninth yeare of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna charta was either for that it conteined the summe of all the writen lawes in England or else that there was another Charter called the Charter of the Forest established with it which in quantitie was the lesser of the two I reade in Holinshed that King Iohn to appease his Barons yelded to lawes or articles of gouernment much like to this great Charter but wee nowe haue noe auncienter writen lawe then this which was thought to be so beneficall to the sublect and a lawe of so great equitie in comparison of those which were formerly in vse that K. Henry the third was thought but hardly to yeld vnto it and that to haue the fifteenth peny of all the moueable goods both of the spiritualtie and temporaltie throughout his realme Holinshed in Henry the third And though this Charter consist not of aboue 37. chapters or lawes yet is it of such extent as all the lawe wee haue is thought in some sort to depend of it Polydorus and Holinshed vbi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbo signif verbo Machanium and signifieth a corporal hurt whereby a man looseth the vse of any member that is or might bee any defence vnto him in batel The Canonists call it membrimatilationem as the eye the hand the foote the scalpe of the head his foretooth or as some say of any finger of his hand Glanuile lib. 14. ca. 7. See Bracton at large lib. 3. tracta 2. cap. 24. nu 3. and Britton cap. 25. and Stawnf pl. cor lib. pri ca. 41. and the newe exposition of law Termes and the Mirrour of Iustices cap. d'homicid The grand Custumarie of Normandie cap. 6. calleth it Mahaignium and defineth it to be enormem laesionem All agree that it is the losse of a member or the vse thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus est pars corporis habens destinatam operationem in corpore where you may reade more of this point But if you will see it largely discussed look Vgolinus de irregularitatibus ca. 4. § 3. 4. 5. also read M. Skene vbi supra Mainour aliâs Manour aliâs Meinoure seemeth to come of the French Manier i. manu tractare attrectare or els of Ameuer i. abducere It signifieth in our common lawe the thing that a theefe taketh away or stealeth as to be taken with the mainor pl. cor fol. 179. is to be taken with the thing stolen about him and againe fol. 194. It was presented that a theefe was deliuered to the Vicount together with the Mainor thirdly fol. 186. If a man be indited that he feloniously stole the goods of another where in truth they bee his owne goods and the goods bee brought into the court as the manour and it be demaunded of him what hee saith to the goods and he disclaime them though he be quitted of the felonie he shall loose the goods and againe fol. 149. if the defendant were taken with the manour and the manour bee caried to the court they in auncient times would arraine him vpon the manour without any appeale or inditement I find this word vsed in the old nat br fol. 110. in this sort where a man maketh a thing by mainour or leuying or estopping in such case he shall haue Assise where it signifieth handie labour and is but an abbreviation of Mainovrey Mainovre see Minouerye Mainprise Manucaptio is compounded of two French words Main i. manus prins i. captus which is a participle of the verbe prendre i. capere excipere captare It signifieth in our common lawe the taking or receiuing a man into friendly custody that otherwise is or might bee committed to the mercie of the prison vpon securitie giuen for his forth comming at a day assigned as to let one to mainprise old nat br fol. 42. is to commit him to them that vndertake his apparence at the time appointed And they that do thus vndertake for any are called Mainpernouns because they do receiue him into their hands pl. cor fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an offence as by law he may be thus bayled For in many cases a man is not mainpernable whereof see Broke titulo Mainprise per totum and Fitz. nat br fol. 249. seqq M. Manwood in the first part of his Forest lawes pag. 167. maketh a great difference betweene Bayle and Mainprise For he that is mainprised quoth he is alwayes said to be at large and to goe at his owne libertie out of ward after the day is set to mainprise vntill the
purchased many of them and againe that many for capitall offences haue forfeited them to the king and that thereby they still remaine in the crowne or are bestowed againe vpon others so that at these daies many be in the hands of mean men such as by their skill in lawe or phisicke by merchaundize grazing or such other good husbandry haue gathered welth and inabled themselues to purchase them of those that by discent receiued theÌ from their ancestors in greater aboundance then wit to keepe them But who so euer possesseth these maners the liberty belonging vnto them is reall and prediall and therefore remaineth still though the owners be changed In these daies a maner rather signifieth the Iurisdiction and royalty incorporeal then the land or site For a man may haue a maner in grosse as the law termeth it that is the right and interest of a court Baron with the perquisites thereunto belonging and another or others haue euery foote of the land thereunto belonging Kitchin fol. 4. Brooke hoc titulo per totum Bracton lab 4. ca. 31. nu 2. diuideth manerium in capitale non capitale See Bracton lib. 5. tracta 5. ca. 28. nu pri See Fee The new expositor of law terms saith that Manour is a thing compounded of diuers things as of a house land earable pasture meadow wood rent advouzen court Baron and such like And this ought to be by long continuance of time to the contrary whereof mans memory cannot discerne c. Mansion Mansio as Eracton defineth it lib. 5. cap. 28. nu pri is a dwelling consisting of one or more houses without any neighbour And yet he graunteth forthwith that Mansio Mansioni possit esse vicinata I finde it most commonly vsed for the lords cheife dwelling house within his fee whether it haue neighbours adioyning or not otherwise called the capitall mesuage Bracton li. 2. c. 26. or the cheife maner place Mansio amongst the auncient Romans was a place appointed for the lodging of the Prince or souldiers in their iourney furnished with conuenient entertainement by the neighbours adioyning And in this sence we reade primam mansionem for the first nights lodging and so in order It is probable that this word Mansion doth in some construction signifie so much land as Beda calleth familiam in his ecclesiasticall history For Master Lambert in his explica of Saxon words ver Hida terrae saith that that which he calleth familiam others sithence call Manentem vel Mansam Mansus and Mansum I reade of in the Feudists which as Hotoman saith in verbis feudalibus est neque domus neque area neque hortus sed ager certi modi ac mensurae And againe in Commentarus feudorum lib. p. tit 4. vers de Manso Agri deserti inculti certa mensura dabantur cultoribus quasi in emphyteusin vt culti meliorati feudi iure a vasallis possiderentur In contractu autem vasalls nonnunquam incrementum i. meliorationem omnem sibi recipiebant siue per culturam siue per inaedificationem ea melioratio fieret c. And Cassanaeus de consuet Burg. pag. 1195. defineth it thus Mansus est quantum qu is cum vno pari boum laborare possit prouing it out of Bartolus in li. si ita ãâã de auro argen legato in fine legis Reade M. Skene de verbo sign verbo Mansus I reade the latine word Mansia in the same signification as namely in the charter graunted by King Kanulphus to Ruchin the abbot of Abingdon which Sir Edward Cooke setteth downe in his booke de iure Regis ecclesiastico Manslaughter Homicidium is the vnlawfull killing of a man without prepensed malice as when two that formerly meant no harme one to the other meet togither and vpon some sodaine occasion falling out the one killeth the other West par 2. symb titulo Inditements sect 44. It differeth from murder because it is not done with foregoing malice from chauncemedly because it hath a preseÌt inteÌt to kill And this is felony but admitteth clergie for the first time Stawnf pl. cor lib. 1. cap. 9. and Britton ca. 9. It is confounded with murder in the statute anno 28. Ed. 3. ca. 11. Mantyle Mantile commeth of the French Manteau and signifieth with vs a long roabe anno 24. Hen. 8. cap. 13. Manucaptio is a writ that lyeth for a man who taken for supition of felony and offering sufficient Bayle for his appearance cannot be admitted thereunto by the Shyreeue or other hauing power to let to mainprise Fitzh nat br fol. 249. See Mainprise How diuersly it is vsed see the Register originall in the table Manuel Manualis is a thing whereof present profit may be made Stawnf praerogat fol. 54. And a thing not manuell is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission Manumissio is a freeing of a villein or slaue out of his bondage The forme of this in the time of the Conquerour M. Lamb. in his ãâã ãâã ãâã ãâã ãâã fol. 126. setteth downe in these words Si quis velit seruum suum liberum facere tradat eum vice-comiti per manum dexteram in pleno comitatu quietum illum clamare debet à iugo seruitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were wont to be manumitted by charter of manumission vide Brooke titulo Villenage fol. 305. The newe expositour of lawe Termes maketh two kinds of manumission one expressed an another implied ManumissioÌ expressed is when the Lord maketh a deede to his villein to infranchise him by this worde Manumittere The maner of manumitting in old time was thus The Lord in preseÌce of his neighbours tooke the bondman by the head saying I will that this man be free and therewith shoued him forward out of his hands Manumission implied is when the Lord maketh an obligation for paiment of mony to him at a certaine day or sieweth him where he might enter without suite or granteth him an annuitie or leaseth land vnto him by deede for yeeres or for life and such like Manutenentia is the writ vsed in case of maintenance Register originall fol. 182. 189. See Maintenance Marches Marchia be the bounds and limits betweene vs and Wales or betweene vs and Scotland anno 24. Henry 8. cap. 9. Camd. pag. 453. 606. and the marches of ScotlaÌd are deuided into west and midle marches anno 4. H. 5. ca. 7. anno 22. Ed. 4. cap. 8. It seemeth to bee borowed from the German March i. limes Camd. Britan. pag. 27. or it may be from the French Marque i. signum being the notorious distinction of two diuers countries or territories It is vsed in the statute anno 24. Hen. 8. ca. 12. generally for the precincts of the Kings dominions Marchers be the noble men
dwelling on the Marches of Wales or Scotland who in times past as M. Camden saith pag. 453. had their priuate lawes much like as if they had beene Kings which now be worne out Of these Marchers you may reade anno 2. H. 4. cap. 18. anno 26. Hen. 8. cap. 6. anno 1. Ed. 6. cap. 10. where they are called Lord Marchers See anno 27. Hen. 8. cap. 26. howe these were extinguished Mareshall Mariscallus is a French word signifying as much as Tribunus Celerum or Tribunus militum with the auncient Romanes or ãâã ãâã ãâã ãâã ãâã with the Grecians or ãâã ãâã ãâã ãâã ãâã Tiraquel de Nobilitate ca. 8. p. 42. nu 17. The french word may seeme also among many other that they haue to proceede from the German Marschalk i. equitum magister which Hotoman in verbis feudalibus verbo Marschalkus deriueth from the old word March signifiing a house with whome agreeth Lupanus de Magistratibus Eranciae lib. pri ca. Marcshallus Others make it of these two Saxon words Mar. i. equus and scalch i. praefectus or as M. Verstegan saith from Mare the generall appellation of all horses as hors is now in Englishe and Scalc which in the auncient language of the Netherlanders he affirmeth to signifie a kind of seruant as Scalco doth at this day among the Italians being originally a Dutch word with vs there be diuers officers of this name but one most noble of all the rest who is called Lord or Earle Marshall of England of whome mention is made in diuers statutes as anno 1. H. 4. ca. 7. 14. anno 13. Rich. 2. ca. 2. His office consisteth especially in maters of warre and armes as well with vs as in other countries whereof you may reade in Lupanus vbi supra and Tilius li. 2. ca. de Conestabili Mariscallo c. But he that will knowe the office of our Lord Marshall had neede beside the fewe statutes which concerne him to read his commission and also to haue acces to the Heradls who out of their antiquities are able to discouer much that by prescription belongeth vnto this office The next to this is the Marshal of the Kings house whose especiall authoritie is according to Britton and M. Gwin in the preface to his reading in the Kings place to heare and determine all plees of the Crowne and to punish faults committed within the verge to heare and determine suites betweene those of the kings houshold and others within the verge Cromptons Iurisdict fol. 102. of him you may reade Fitzh nat br fol. 241. B. and anno 18. Ed. 3. statut 2. ca. 7. anno 27. Ed. 3. stat 2. c. 6. an 2. H. 4. c. 23. a. 15. H. 6. c. 1. Fleta saith that the office of the Marshall of the kings house belongeth to the Earle of Northf in fee and that he may appoint with the Kings consent a Knight vnder him to execute the office which office he also describeth to be especially to execute the iudgements decrees of the Steward to haue the keeping of the prisoners li. 2. cap. 4. and read farder of his office in the 5. chapter of the said booke which is to dispose of the Lodging in the Kings houshold vnder the Chamberlaine and to cleere the Verge of strumpets c. anno 5. Hen. 3. statut 5. Then be there other inferiour officers of this name as Marshall of the Iustices in Eyre anno 3. Ed. 1. ca. 19. Marshall of the Kings bench anno 5. Ed. 3. ca. 8. and this is he which hath the custodie of the prison called the Kings bench in Southwarke Fitzh nat br fol. 251. I. And these inferiour Marshalls be either ad placitum or in fee Kitchin fol. 143. I finde also in Fleta li. 2. ca. 15. mention of a Marshall of the Kings hall whose office is when the tables be prepared and clothes laide to call out both those of the houshold and straungers according to their worth and decently to place them to reiect vnworthy persons to knowe the number of the hall and to testifie it at the next accompt to see dogs kept out to saue the almes from filching to see filence kept and euery man competently serued with meate and drinke and when the courte remoueth to appointe euery one of the houshold his lodging There is also a Marshall of the esche quer anno 51. H. 3. sta 5. to whome the courte committeth the custody of the kings debters during the terme time to the end they may be farder imprisoned if they cleere not their debts He also assigneth Shyreeues escheators customers and collectors their auditours before whome they shall accompt He hath all inquisitions taken before escheators virtute officii deliuered vnto him to be deliuered by him to the treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshall or word for word the seate of the Marshall of whome see Cromptons Iurisdict fol. 102. It is also vsed for the prison in Southwarke the reason whereof may be because the Marshall of the kings house was wont perhaps to sit there in iudgment See the statute anno 9. R. 2. cap. 5. anno 2. Hen. 4. ca. 23. Martiall lawe is the law that dependeth vpon the voice of the king or the kings leiuetenent in warres For how be it the king for the indifferent and equall temper of lawes to all his subiects doe not in time of peace make any lawes but by the consent of the three estates in Parlament yet in warres by reason of great daungers rising of small occasions he vseth absolute power in so much as his word goeth for law And this is called Martiall law Smith de repub Angli li. 2. c. 3. See Law of armes Mariage Maritagium signifieth not onely the coupling together of man and wife but also the interest of bestowing a ward or a widow in mariage Magna charta ca 6. anno 9. He. 3. and Bracton lib. 2. ca. 3. and also it signifieth land giuen in mariage Bracton li. 2. ca. 34. 39. And in this signification the same authour saith that Maritagium est aut liberum aut seruitio obligatum li. 2. ca. 7. nu 3. 4. Liberum maritagium dicitur vbi donator vult quòd terra sic data quieta sit libera ab omni seculari seruitio quod ad Dominum feudi possit pertinere et ita quòd ille cui sic data fuerit nullum omninò inde faciat seruitium vsque ad tertium haeredem vsque ad quartum gradum ita quòd tertius heres sit inclusivus See the rest See also Skene de verbo significatione verbo Maritagium who is worth the reading Maritagio amisso per defaltam is a writ for the tenent in frank mariage to recouer lands c. whereof he is deforced by another Regist fol. 171. Maritagio forisfacto is a writ See Forisfactura Maritagii Marke merca commeth of the Saxon
mesler i. miscere turbare Meere Merus though an Adiectiue yet is it vsed for a substantine signifiing meere tight Owld nat br fol. 2. in these words And knowe yee that this writte hath but two issues that is to say ioyning the mise vpon the meere And that is to put himselfe in the great assise of our Souerainge Lord the King or to ioyne battell See Mise Mesurement See Admesurement Medietas linguae signifieth an enquest empaneled vpon any cause wereof the one halfe consisteth of Denizens the other of straungers It is called in English the halfe tongue and is vsed in plees wherein the one party is a straunger the other a denizen See the statute anno 28. Ed. 3. ca. 13. anno 27. eiusdem statu 2. ca. 8. commonly called the statute of the Staple anno 8. H. 6. ca. 29. anno 2. He. 5. ca. 3. anno 11. He. 7. ca. 21. anno 1. 2. Phi. Mar. ca. 8. And before the first of these statutes was made this was wonte to be obteined of the King by graunt made to any company of straungers as Lombards Almaines c. Stawnf pl. cor lib. 3. ca. 7. Medio acquietando is a writ iudiciall to distraine a lord for the acquiting of a meane Lord from a rent which he formerly acknowledgeth in court not to belong vnto him Register iudiciall fol. 29. b. Melius inquirendo is a writ that lyeth for a second inquiry as what lands and tenements a man dyed seised of where partiall dealing is suspected vpon the writ Diem clausit extremum Fitzh nat br fol. 255. Merchenlage was one of the three sorts of lawes out of which the Conquerour framed lawes vnto vs mingled with those of Normandy Camd. Britan. pag. 94. who also pag. 103. sheweth that in the yeare of our lord 1016. this land was diuided into three parts whereof the west Saxons had one gouerning it by the lawes called West Saxon lawes and that conteined these nine shyres Kent Southsex South rey Barkeshire Hamshire Wilshire Somerset Dorset and Deuonshire the second by the Danes which was gouerned by the lawes called Denelage and that conteined these fifteene shires Yorke Darby Notingham Leycester Lincolne Northampton Bedford Buckingham Hertford Essex Midlesex Northf Southf Cambridge Huntington The third was possessed and gouerned by the Mercians whose lawe was called Merchenlage which were these eight Glocester Worcester Hereford Warwicke Oxenford Chester Salop and Stafford See Lawe Mercy Misericordia signifieth the arbitrement or discretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grieuous mercie of the king anno 11. H. 6. cap. 6. is to be in hazard of a great penaltie See Misericordia Measondue domus Dei commeth of the French maison de dien by which names diuers Hospitals are named You find the word anno 2. 3. Philip. Mar. cap. 23. in fine Mese See Mease Mesn medius seemeth to come from the French mainsnè i. minor natu it signifieth in our common lawe him that is lord of a maner and thereby hath tenents holding of him yet holding himselfe of a superiour Lord. And therefore it seemeth not absurdly to be drawne from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and tenent the tenent holding of the mesn by the same seruices whereby the mesn holdeth of the Lord and the tenent of the mesn is distrained by the superiour lord for that his seruice or rent which is due to the mesn Fitz. nat br fol. 135. See Mesnaltie Mesnaltie medietas commeth of Mesn and signifieth nothing but the right of the mesn as the mesnaltie is extinct old net br fol. 44. if the mesnalty descend of the tenent Kitchin fol. 147. For farder vnderstanding wherof take these words out of the Custumarie of Norm Medietate tenentur feuda quando aliqua persona intervenit inter Dominum tenentes Et hoc modo tenent omnes post nati mediante ante nato Messenger of the Exchequer is an Officer there of which sorte there be foure in that court that be Pursuyvants attending the lord Treasurer to cary his leters and precepts See Pursuyvant Mesuage mesuagium is a dwelling house West part 2. symbol titulo Fines sect 26. But by the name of a mesuage may passe also a Curtilage a garden an orchard a doue house a shoppe a mill as parcell of an house as he himselfe confirmeth out of Bracton lib. 5. cap. 28. sect prim and Plowden fol. 199. 170. 171. and of himselfe he auoucheth the like of a cotage a tost a chamber a celler c. yet may they be demaunded by their single names Mesuagium in Scotland signifieth the principall dwelling place or house within a Barony which in our land is called a maner-house Skene de verb. significat verbo Mesuagium where he citeth Vaientine Leigh that in his booke of Suruey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or court hall thereof to be called the site in Latine called Situs Mile milliare is a quantitie of a thousand paces otherwise described to containe eight furlongs and euery furlong to conteine forty lugs or poles and euery lugger or pole to containe 16. foote and a halfe anno 35. El. cap. 6. Mildernix anno 1. Iacob cap. 24. Mindbruch is hurting of honour and worship Saxon in his description of Engl. cap. 71. Miniuer See Furre Minouery anno 7. R. 2. cap. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie worke in the Forest as an engyn to catch Deere Britton vseth the verbe Meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handy-worke It is not vnlike that our English manure is abbreuiated of the French Mint commeth of the Germane word meunk i. pecunia moneta and it signifieth with vs the place where the kings coyne is formed be it gold or siluer which is at this present and long hath bene the Tower of London though it appeare by diuers stories and other anticuities that in auncient times the mint hath bene also at Câleis an 21. R. 2 cap. 16. anno 9 Hen. 5. stat 5. cap. 5. The Officers belonging to the mint haue not bene alwaies alike At this present they seeme to be these The Warden who is the chiefe of the rest and is by his office to receiue the siluer of the Goldsmiths and to pay them for it and to ouersee all the rest belonging to this functioÌ His fee is an hundred pounds per annum The master-worker who receiueth the siluer from the Warden causeth it to be melted and deliuereth it to the moniers and taketh it from them againe when it is made His allowance is not any set fee but according
verborum signif eodem He that layeth this pawne or gage is called the Mortgager he that taketh it the Mortgagee West par 2. symb titulo Fines sect 145. This if it containe excessiue vsurie is prohibited anno 37. H. 8. c. 9. Mortmaine Manus mortua is compounded of two french words Mort. i. mors and Main i. manus It signifieth in the common lawe an alienation of lands or tenements to any corporation guilde or fraternitie and their successours as Bishops parsons vicars c. which may not be done without licence of the king and the Lord of the maner The reason of the name proceedeth from this as I conceiue it because the seruices and other profits due for such lands as escheates c. comme into a dead hand or into such a hand as holdeth them and is not of power to deliuer them or any thing for them backe againe Magna charta cap. 36. anno 7. Ed. prim commonly called the statute of Mortmaine and anno 18. Ed. 3. statut 3. cap. 3. anno 15. Richard 2. cap. 5. Polydor. Virgill in the 17. booke of his Chronicles maketh mention of this lawe and giueth this reason of the name Et legem hanc manum mortuam vocarunt quòd res semel datae collegiis sacerdotum non vtique rursus venderentur velut mortuae hoc est vsui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic vt nihil possessionum ordini sacerdotali a quoquam detur nisi Regio permissu But the former statutes be some thing abridged by anno 39. Elizabeth cap. 5. by which the gift of lands c. to Hospitals is permitted without obteining of Mortmaine Hotoman in his commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae vsurpatur de ijs quorum possessio vt ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An vsusfructus 56. D. de vsufr legat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Iudiciis Haec Hotemanus read the rest Amortizatio est in manum mortuam translatio Principis iussu Petrus Belluga in speculo principum fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may reade a learned tractate both of the begicning and nature of this doctrine To the same effect you may read Cassa de consuetu Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive vniuersitatem quae nunquam moritur idque per ãâã ãâã ãâã ãâã ãâã seu a contrario sensu because communalties neuer die Mortuary Mortuarium is a gift lest by a man at his death to his parish church for the recompence of his personall tithes and offerings not duly payed in his life time And if a man haue three or more catell of any kind the best being kept for the lord of the fee as a Heriot the second was wont to be giuen to the persoÌ in right of the church cap. statutum De consuetu in provincial Touching this you haue two statutes one anno 13. Ed. pri commonly called Circumspectè agatis whereby it appeareth that Mortuaries are suable in the court Christian the other anno 21. H. 8 cap. 6. whereby is set downe an order and rate in mony for mortuaries Mulier as it is vsed in the common lawe seemeth to be a word corrupted and vsed for Melior or rather the French Melieur It signifieth the lawfull issue preferred before an elder brother borne out of matrimony anno H. 6. cap. 11. Smith de repub Anglo lib. 3. cap. 6. But by Glanuile lib. 7 ca. pri the lawfull issue seemeth rather Mulier then Melior because it is begotten è Muliere and not ex Concubmâ for he calleth such issue filios mulieratoâ opposing them to bastards And Britton cap. 70. hath frere mulier i. the brother begotten of the wise opposit to frere bastard This seemeth to be vsed in Scotland also for M. Skene de verborum signifi verbo Mulieratus filius saith that Mulieratus filius is a lawful son begotten of a lawfull wife Quia mulieris appellatione vxor continetur l. Mulieris 13. ibid. glossa de verborum significatine Mulmutius lawes See Lawe Multure molitura vel multura commeth neare the French moulture and signifieth in our common lawe the tolle that the miller taketh for grinding of corne Murage muragium is a tolle or tribute to be leuied for the building or repayring of publike edifices or walles Fitz. nat br fol. 227. D. Murage seemeth also to be a libertie graunted by the King to a towne for the gathering of money toward walling of the same anno 3. Ed. 1. cap. 30. Murder murdrum is borowed of the French meurtrier i. carnifex homicida or meurtre i. internecio homicidium The new Expositour of the lawe termes draweth it from the Saxon word mordren signifying the same thing It signifieth in our common lawe a wilfull and felonious killing of any other vpon prepensed malice anno 52. H. 3. cap. 25. West part 2. symbol titulo Inditements sect 47. Bracton lib. 3. tract 2. cap. 15 num prim defineth it to be Homicidium quod nullo praesente nullo sciente nullo audiente nullo vidente clam perpetratur And of the same minde is Britton cap. 6. as also Fleta lib. 1. cap. 30. yet Fleta saith also that it was not murder except it were proued the partie slaine were English and no straunger But as Stawnf saith pl. cor lib. 1. cap. 2. the lawe in this point is altered by the statute anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined When a man vpon prepensed malice killeth another whether secrotly or openly it maketh no mater or be he an English man or a forainer liuing vnder the Kings protection And prepensed malice is here either expresse or implyed expresse when it may be euidently proued that there was formerly some euill will implyed when one killeth another sodainly hauing nothing to defend himselfe as going ouer a style or such like Crompton Iustice of peace in the chapter of Murder fol. 19. b. See M. Skene de verbor signif verbo Murdrum This by the Latine Interpretour of the graund Custumarie of Normandy is called multrum cap. 68. See Were Muster commeth of the French moustre i. specimen spectamen exemplum as feire moustre generale de toute son armee is as much as lustrare exercitum The signification is plaine Mustred of record anno 18. H. 6. cap. 19. seemeth to be dare nomen or to bee inrolled
in the number of the kings souldiours Master of the kings musters anno 2. Ed. 6. cap. 2. See Master Muster master general anno 35. Eliz. ca. 4. See Master of the kings musters N NAam Namium seemeth to come from the Dutch word nemmen i. capio It signifieth in our common law the taking or apprehending of another mans moueable goods and is either lawfull or vnlawfull Lawfull naam is nothing els but a reasonable distresse proportionable to the valew of the thing distreined for And this naam was aunciently called either vif or mort quicke or dead accordingly as it was made of dead or quicke chatels Lawfull naam is so either by the common law or by a mans perticular fact by the common law as when one taketh another mans beasts dammage seisant in his grounds by a mans particular fact as by reason of some contract made that for default of payment of an annuity agreed vpon it shall be lawfull to distreine in such or such lands c. Horns mirrour of Iustices lib. 2. ca. de vec de naam where you may read of other circumstances required in lawfull naam viz of what thing or of what things first in what maner on what daies and at what houres it ought to be made with other points worth the reading for the vnderstanding of our law antiquities See Withernam Nasse anno 4. H. 7. ca. 21. seemeth to be the proper name of Orford Hauen Whether it be so termed of the boates or water vessels that lye there or not let the reader iudge But nasselle is in French a kinde of small boat Natiuo habendo is a writ that lyeth to the Shyreeue for a Lord whose vilein claimed as his inheritance is runne from him for the apprehending and restoring of him to his Lord againe Register orig fol. 87. Fitzh nat br fol. 77. See Libertate probanda Naturalization See Denizen Ne admittas is a writ that lyeth for the plaintife in a Quare impedit or him that hath an action of Darrein presentment depending in the common Bench and feareth that the Bishop will admit the clerke of the defendant during the suite betweene them And this writ must be sued within sixe monethes after the avoydance Because after the sixe moneths the Bishop may present by lapse Register orig fol. 31. Fitzh nat br fol. 37. where see the rest Negatiue pregnant Negatiua praegnans is a negatiue implying also an affirmatiue As is a man being impleaded to haued one a thing vpon such a day or in such a place denyeth that he did it modo forma declarata which implyeth neuer the lesse that in some sort he did it Or if a man be said to haue alienated land c. in fee he denying that he hath alienated in fee seemeth to confesse that he hath alienated in some other sort Dyer fol. 17. nu 95. See Brooke hoc titulo and Kitchin fol. 232. And see the new exposition of lawe terms And read also in some Ciuilians of Affirmatiua praegnans and that is quae habet in se inclusiuam negatiuam Et hoc importare videntur dictiones Solùm tantùm quae implicant negatiuam Pacianus De probationibus lib. 1. ca. 31. nu 16. fol. 93. Neif natiua commeth of the French Naif i. naturalis vel nativus it signifieth in our common law a bond woman anno 1 Ed. 6. ca. 3. the reason is because women become bond rather natiuitate than by any other means Ne in iuste vexes is a writ that lyeth for a Tenent which is distrained by his Lord for other seruices than he ought to make and is a prohibition to the Lord in it selfe commaunding him not to distreine The especial vse of it is where the tenent hath formerly preiudiced himselfe by performing more services or paying more rent without constraint than he needed For in this case by reason of the Lords seisin he cannot avoide him in avowry and therefore he is driuen to this writ as his next remedie Register orig fol. 4. Fitzh nat br fol 10. Ne vicecomes colore mandatâ Regis quenquam amoueat à possessione ecclesiae minus iustè Register orig fol. 61. Nient comprise is an exception taken to a petition as vniust bicause the thing desired is not conteined or comprehended in that act or deede wherevpon the petition is grounded For example one desireth of the court to be put in possession of a house formerly among other lands c. adiudged vnto him The adverse party pleadeth that his petitioÌ is not to be granted because thogh he had a iudgement for certaine lands and houses yet the house into the possession wherof he desireth to be put is not conteined among those for the which he had iudgement See the newe booke of Entries titulo Nient comprise This seemeth to be especially to hinder execution Nifle anno 3. Ed. 4. cap. 5. Nihil anno 5. R. 2. stat pri cap. 3. is a word set vpon a debt illeuiable by the foreine Apposer in the Exchequer Nohil dicit is a fayling to put in answer to the plee of the plaintiffe by the day assigned which if a man do commit iudgement passeth against him as saying nothing why it should not Nisi prius is a writ iudiciall which lyeth in case where the Enquest is paneled and returned before the Iustices of the Banke the one partie or the other making petition to haue this writ for the case of the contrie It is directed to the Shyreeue commaunding that hee cause the men impaneled to come before the Iustices in the same countie for the determination of the cause there except it be so difficult that it need great deliberation In which case it is sent againe to the Bank v. anno 14. Ed. 3. cap. 15. The forme of the writ see in old nat br fol. 159. and in the Regist indic fol. 7. 28. 75. See the new booke of Entries verbo Nisi prius And it is called Nisi prius of these words comprised in the same whereby the Shyreeue is willed to bring to Westminst the men impaneled at a certaine day or before the Iustices of the next Assises nisi die Lunae apud talem locum prius venerint c. whereby it appeareth that Iustices of Assises and Iustices of nisi prius are differing And Iustices of nisi prius must be one of them before whom the cause is depending in the Bench with some other good man of the Countie associated vnto him Fitz. nat br fol. 240. E. which he taketh from the Statute of Yorke ann 12. Ed. 2. See Westm 2. cap. 30. anno 13. Ed. prim anno 27. eiusdem cap. 4. anno 2. Ed. 3. cap. 17. anno 4. eiusdem cap. 11. anno 14. eiusdem cap. 16. anno 7. Rich. 2. cap. 7. anno 18. Eliz. cap. 12. Nobility nobilitas in England compriseth all dignities aboue a Knight So that a Baron is the lowest degree thereof Smith de Repub. Anglor lib. prim
time exhorting them ne merces tam viles tanti emerent Parke parcus commeth of the French parquer i. vallo vel fossa circundare It signifieth with vs a peece of grounde inclosed and stored with wild beastes of chase Which a man may haue by prescription or the kings graunt Cromptons Iurisd fol. 148. M. Manwood parte pri of his Forest lawes pag. 148. defineth it thus A parke is a place of priuiledge for wilde beastes of venerie and also for other wild beasts that are beasts of the Forest and of the chase tam syluestres quam campestres And all those wild beastes are to haue a firme peace and protectioÌ there So that no man may hurt or chase them within the park without licence of the owner of the same Who also fol. 149. saith thus A parke is of another nature then either a chase or a warren is For a parke must bee inclosed and may not lye ope for if it doe that is a good cause of seisure of the same into the hands of the king as a thing forfeited as a free chase is if it be enclosed And moreouer the owner cannot haue action against such as hunt in his park if it lye open See Forest See Chase See Warren This word Parke Baldwinus deriueth a paradiso eumque locum esse dicit in quo varia animalia ad vsum voluptatis aut venationis includuntur possidentur adempta naturali libertate Ad tit de rerum divis in Institutionib Parco fracto is a writ which lyeth against him that violently breaketh a pound and taketh out beasts thence which for some trespas done vpon another mans ground are lawfully impounded Register originall fol. 166. Fitzh nat br fol. 100. Parish parochia commeth of the greeke ãâã ãâã ãâã ãâã ãâã i. Accolarum conuentus accolatus sacra vicinia it is vsed in the Cannon law some time for a Bishoprick But in our common law it signifieth the particular charge of a secular priest For euery church is either Cathedrall Couentuall or Parochiall Cathedrall is that where there is a Bishop seated so called a Cathedra Conuentuall consisteth of Regular clerks professing some order of religion or of Deane and chapter or other colledge of spirituall men Parochiall is that which is instituted for the saying of diuine seruice and ministring the holy Sacraments to the people dwelling within a certaine compas of ground neare vnto it Our Realme was first diuided into parishes by Honorius Archb of Canterbury in the yeare of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I finde there were in England in the daies of H. 8. the number of 45000. Hotoman in his disputations de feudis ca. 2. maketh mention of this word parochia out of Pomponius Laetus in these words Nam sic quoque Pomponius Laetus veterem consuetudinem fuisse scribit eamque ab Imperat ãâ¦ã Constantino repetitam vt Duc ãâ¦ã praefectis Tribunis qui pro augendâ Imperio consenuerant darentur agri villaeque vt necessaria suppet ãâ¦ã quoad viuerent quas paroehias cabant And a litle after ver ãâ¦ã inter feuda parochias hoc ãâ¦ã est quod hae plerumque senibus ãâ¦ã veteranis plerisque emeritae ãâ¦ã dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum nasceretur euocati non tam milites quà m magistri milituÌ viderentur Feuda vero plurimum Iââenibus robustis primo flore aetatis qui militiae munus sustinere poteraÌt imo verò vt posseÌt vt velleÌt c. Parlament parlamentum is a French word signifiing originally as much as Collocutio or colloquium but by vse it is also taken for those high courts of Iustice throughout the kingdome of Fraunce where mens causes and differences are publikely determined without farder appeale Whereof there be seuen in number as Paris Tolouse Gresnoble in Daulphene Aix in Prouence Bordeaux Diion in Bourgogine and Roan in Normandy Vincentius Lupanus de Magistrat Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Haillon addeth the eighth viz. Rhenes in Brettagne In England we vse it for the assembly of the king and the three estates of the Realme videlicet the Lords Spirituall the Lords Temporall and commons for the debating of maters touching the common wealth and especially the making and correcting of lawes which assembly or court is of all other the highest and of greatest authoritie as you may reade in Sir Thomas Smith de Repub. Anglo lib. 2. cap. 1. 2. Camd. Britan. pag. 112. and Cromptons Iurisd fol. pri seqq The institution of this court Polydor Virgil lib. 11. of his Chronicles referreth after a sort to Henry the first yet confessing that it was vsed before though verie seldome I find in the former prologue of the Grande Custumarie of Normandie that the Normans vsed the same meanes in making their lawes And I haue seene a monument of Antiquite shewing the maner of houlding this parlament in the time of King Edward the sonne of King Etheldred which as my note saith was deliuered by the discreeter sorte of the Realme vnto William the Conquerour at his commaundement allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex Rege solo primus gradus est Secundus gradus est ex Archiepiscopis Episcopis Abbatibus Prioribus per BaroniaÌ tenentibus Tertius gradus est de procuratoribus cleri Quartus gradus est de Comitibus Baronibus aliis Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est parlamentum ex sex gradibus sed sciendum licet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nibilo minus censetur esse plenum Touching the great authoritie of this court I finde in Stowes Annalls pag. 660. that Henry the sixth directing his priuie seale to Richard Earle of Warwicke thereby to discharge him of the Captainship of Cales the Earle refused to obey the priuie seale and continued forth the said office because he receiued it by Parlament But one example cannot make good a doctrine And of these two one must needes be true that either the king is aboue the Parlament that is the positiue lawes of his kingdome or els that he is not an absolute king Aristotle lib. 3. Politico cap. 16. And therefore though it be a mercifull policie and also a politique mercie not alterable without great perill to make lawes by the consent of the whole Realme because so no one part shall haue cause to complaine of a partialitie yet simply to binde the prince to or by these lawes weare repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5.
Mons à mouendo Patronum faciunt dos aedificatio fundus saith the old verse Of lay patrons one writeth thus Quod autem a supremis pontisicibus proditum est ca. cùm dilectus extra de iure patronatus laicos ius habere presaentaÌdi clericos Ordinarois hoc singulari favore sustinetur vt allecteÌtur laici inviteÌtur inducantur ad constructioneÌ ecclesiaruÌ c. quoniam eodem Nec omni ex parte ius patronatus spirituale censeri debet sed temporale potius spirituali annexum glos in c. piae mentis 16. qu. 7. These be Corasius words in his paraphrase ad sacerdotiorum materium parte pri cap. 2. and parte 4. cap. 6. in principio he thus writeth of the same mater Patroni in iure Pontificio dicuntur qui alicuius ecclesiae extruendae aut alterius cuiuscunque fundationis ecclesiasticae authores fuerunt ideoque praesentandi offerendi clericum ius habent quem ecclesiae vacanti praeesse in ea collatis reditibus frui velint Acquirunt autem hoc ius qui de Episcopi consensu vel fundant ecclesiam hoc est locum in quo templum extruitur assignant vel ecclesiam aedificant vel etiam constructas ecclesias ante consecrationem dotant vt non valde sit obscurum ius patronatus quo de agimus finire ius esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum qui consentiente Episcopo vel constâuxiâ vel dot avit ecclesiam Pannage Pannagium aliâs pasnagium or pennagium as it is latined in pupilla oculi may be probably thought to come of the French panez or panets which is a roote something like a parsnep but somewhat lesse and ranker in taste which hogs in Fraunce feede vpon though it be eaten by men also and the French may seeme to come of the latine pamcium i. that which men vse in the steede of bread Isodorus or panicium of the French It signifieth in our common law the mony taken by the Agistors for the feede of hogs with the mast of the kings forest Crompton Iurisd fol. 165. Westm 2. cap. 25. anno 13. Ed. pri with whom M. Manwood parte pri of his forest lawes agreeth in these words Agistment is properly the common of herbage of any kinde of ground or land or woods or the money due for the same and pawnage is most properly the mast of the woods or lands or hedge-rowes or the money due to the owner of the same for it But this learned man in his second part cap. 12. where he writeth at large of this driueth the word from the greeke ãâã ãâã ãâã ãâã ãâã at the which I thinke he smiled himselfe when he set it downe Lindwood defineth it thus Panagium est pastus pecorum in nemoribus in syluis vtpote de glandibus aliis fructibus arborum syluestrium quarum fructus aliter non solent colligi titulo de decimis ca. sancta verb Pannagiis M. Skene de verborum signf calleth it pannagium and defineth it to be the duty giuen to the king for the pasturage of swine in his forest The French word for the same thing is panage or glandee i. glandatio vel glandium collectio pastio suum ex glandibus And we surely take it from the French whence they had it or what etimologie they make of it let themselues looke Peace pax in the generall signification is opposite to warre or strife But particularly it signifieth with vs a quiet and harmlesse cariage or behauiovr toward the king and his people Lamb. eirenarcha li. 1. ca. 2. pag. 7. And this is one way prouided for all men by oath as you may read in Frank pledge but more especially in case where one particular man or some few goe in daunger of harme from some other For vpon his oath made thereof before a Iustice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. c. 2. p. 77. See also Cromptons Iustice of peace fol. 118. b. c. vsque f. 129. This amoÌg the CiuiliaÌs is called cautio de non offendedo Gail de pace publ lib. pri c. 2. nu ãâã Peace of God and the church pax Dei ecclesiae is aunciently vsed for that rest which the kings subiects had from trouble and suite of law betweene the termes See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and securitie both for life and goods which the King promiseth to all his subiects or others taken to his protection See Suite of the kings peace This pointe of policie seemeth to haue beene borowed by vs from the Feudists for in the second booke of the seuds there is a chapter viz. the 53. chapter intituled thus De pace tenenda inter subditos iuramento firmanda vindicanda de poena iudicibus apposita qui cum vindicare Iustitiam facere neglexerint the contents of which chapter is a Constitution of Fredericke the first as Hotoman there proueth expounding it very learnedly and like himselfe Of this kings peace Roger Houeden setteth downe diuers branches parte poster suorum annalium in Henr. 2. fol. 344. a. b. and fol. 430. b. he mentioneth a sorme of an oth which Hubert Archbishop of Canterburie and chiefe Iustice of EnglaÌd in R. the first his daies sent through the whole realme to be taken by the kings subiects See Deciners See Suertie of peace There is also the peace of the Church for which see Sanctuarie And the peace of the kings high way which is the immunitie that the kings high way hath from all annoyance or molestation See Watling street The peace of the plowe whereby the plow and plow catell are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to haue their peace because noe man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedagium signifieth money giuen for the passing by foote or horse through any countrey extra de Censibus ca. Innovamus I reade not this word in any English writer but onely the author of the booke called pupilla oculi parte 9. cap. 7. A. D. I thinke we rather vse passage for it Pedagia dicuntur quae dantur â transeuntibus in locum constitutum à principe Et capiens pedagium debet dare saluum conductum territorium eius tenere securum Baldus in vsibus Feudorum de pa. iura fir § Conventionales Cassan de consuetud Burg. pag. 118. hath these wordes Pedagium a pede dictum est quòd à transeuntibus solvitur c. Peere pila seemeth properly to be a fortresse made against the force of the sea for the better securitie of ships that lye at harbour in any hauen So is the peere of Douer described in M. Camd. Brit. p. 259. in meo Peeres pares commeth of the French per. i. par it signifieth in
lyeth for the cognizee of a maner seignory cheife rent or other seruices to compell him that is tenent of the land at the time of the note of the fine leuied to atturne vnto him West parte 2. symbol titulo Fines sect 126. To the same effect speaketh the old nat br fol. 155. See also the new booke of Entries verââ Per quae seruitia Perquisite perquisitum signifieth in Bracton any thing purchased as perquisitum facere ãâã 2. cap. 30. nu 3. lib. 4. ca. 22. Perquisites of court be those profits that grow vnto the Lord of a maner by vertue of his Court Baron ouer and aboue the certaine and yearely profits of his land as escheats mariages goods purchased by villeines fines of copie houlds and such like New terms of the law Person See Parson Personable signifieth as much as inhabled to hould or mainetaine plee in a court for example The demaundant was iudged personable to maintaine this action old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien borne in Portingall without the ligeance of the King and Iudgement was asked whether shewould be answered The plaintife saith shee was made personable by Parlament that is as the Ciuilians would speake it habere personam standi in iudicio Personable is also as much as to be of capacitie to take any thing graunted or giuen Plowden casis Colthirst fol. 27. b. Personall Personalis hath in our common lawe one strange signification being ioyned with the substantiue things goods or Chatels as things personall goods personall Chatels personall for thus it signifieth any corporeall and moueable thing belonging to any man be it quicke or dead So is it vsed in West parte 2. symbol titulo Inditements sect 58. in these words Theft is an vnlawfull felonious taking away of another mans moueable personall goods and againe fol. 61. Larceny is a felonious taking away of another mans moueable personal goods Kitchin f. 139. In these words Where personall things shal be giuen to a corporation as a horse a cowe an oxe sheepe hogs or other goods c. and Stawnford pl cor fo 25. Contrectatio rei aliena is to be vnderstood of things personall for in things reall it is not felony as the cutting of a tree is not felony The reason of this application see in Chatell Personalty Personalitas is an abstract of persouall The action is in the personalty old nat br fol. 92. that is to say brought against the right person or the person against whome in lawe it lieth I find these contrary words Personalitas Impersonalitas in the author of the booke called vocabularius vtriusque iuris as for example Personalitas significatur per has dictiones tu mihi ego tibi cum alto significato quod probabiliter conclulitur si nullo modo concludatur tunc est Impersonalitas quia actum vitiat prout ratio dictat verbi gratia Ego stipulor constituis te mihi soluturum debitum a Titio mihi debitum Tu respondes Satisfiet Haec Impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lyeth for preb endaries or other spirituall persons being distreined by the shyreeue or collectours of fifteenths for the fiftenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pesterable wares seeme to be such wares as pester and take vp much roome in a shippe anno 32. H. 8. cap. 14. Peter pence Denar ãâ¦ã Sancti Petri otherwise called in the Saxon tongue Roomfooh i. the see of Rome or due to Rome and also Romescot and Rome penning was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome in the yeare of our Lord. 720. which was a peny for euery house Lamberds explication of Saxon words verbo Numus whome see also fol. 128. in Saint Edwards lawes nu 10. where it is thus writen Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio Anglorum lege dabit denariuÌ Sancti Petri lege Danorum dimidiam merkam Iste verò denarius debet summoniri in solennitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad vincula ita vt vltra illum diem non detincatur Si quispiam detinuerit ad Insticiam Regis ãâã deferatur quoniam denarius hic Rogis eleemmoz ãâ¦ã est Iusticia verò faciat denarium ãâã dere foriffacturam Episcopiâ Regis Quòd si quis domos plures had buerit de illa vbi residens fuerit infesto Apostolorum Petri Paulâ denarium reddat See also King Edgars lawes fol. 78. cap. 4. which containeth a sharpe constitution touching this ãâ¦ã ter Stowe in his Annals pag. 67. saith that he that had 20. peni worth of goods of one manes catell in his house of his own proper was to giue a p ãâ¦ã at Lammas yearly See Romes ãâ¦ã Petit Cape See Cape Petit Larceny parvum latr ãâ¦ã nium See Larcenye Petit treason parua traditio in true French is petit trahizon ãâ¦ã proditio minor treason in a lesser or lower kinde For whereas treason in the highest kinde is an offence done against the securitie of the common wealth West parte 2. symb titulo Indiâements sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a seruant kill his master a wife her husband a secular or religious man his prelate anno 25. Edward 3. cap. 2. Whereof see more in Stawâf pl. cor lib. 1. cap. 12. See also Crom ãâ¦ã Iustice of peace fol. 2. where he addeth diuers other examp ãâ¦ã those of Stawnford For the punishment of petit treason see the statute anno 22. H. 8. cap. 14. and Crompton vbi supra Petition Petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one hauing iurisdiction But most especially it is vsed for that remedie which the subiect hath to helpe a wrong done or pretended to be done by the King For the King hath it by prerogatiue that he may not be siewed vpon a writ Stawnf praer cap. 15. whome also read cap. 22. And a petition in this case is either generall or speciall It is called generall of the generall conclusion set downe in the same viz. que le Roy lui face droit reison that the King doe him right and reason wherevpon followeth a generall indorsement vpon the same soit ãâã fait aux partis let right be done to the partise Petition special is where the conclusion is speciall for this or that and the Indorsment to that is likewise speciall See the rest cap. 21. Petra lanae a stone of wooll See Stone Philiser See Filazer Piccage Piccagium is money paid in faires for breaking of the ground to set vp
Policie of assurance is a course taken by those which do aduenture wares or merchandize by sea whereby they loche to hazard their whole aduenture do giue vnto some other a certaine rate or proportion as tenne in the hundred or such like to secure the safe arriuall of the ship and so much wares at the place agreed vpon So that if the ship and wares do miscarie the assrer maketh good to the venturer so much as he promiseth to secure as 20. 30. 100. more or lesse and if the ship do safely ariue he gaineth that clearely which the venturer compoundeth to pay him And for the more euen dealing betweene the venturer and the securer in this case there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement that they afterward differ not betweene themselues vpon the bargaine This is in course Latine elsewhere called assecuratio This terme you haue anno 43. Fliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is remoued to the common Banke old nat br fol. 2. See in what diuersitie of cases it is vsed in the table of the Originall Register Pone per vadium is a writ commaunding the Shyreene to take suretie of one for his appearance at a day assigned of this see fiue sorts in the table of the Regists Iudic. verbo Pone per vadium Ponondis in Assisis is a writ founded vpon the statute of Westm 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew what persons Vicounts ought to impanell vpon Assises and Iuries and what not as also what number he should empanell vpon Iuries and Inquests which see in the Register orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendo in ballum is a writ whereby to will a prisoner held in prison to be committed to baile in cases baylable Register orig fol. 133. b. Ponendo sigillum ad exceptionem is a writ whereby the king willeth Iustices according to the statute of Westm 2. to put their seales to exceptions laid in against the plaintiffes declaration by the defendant Pontage pontagium is a contribution toward the maintenance or reedifying of bridges Westm 2. cap. 25. anno 13. Ed. pri It may be also tolle taken to this purpose of those that passe ouer bridges anno 39. Eliz. cap. 24. anno 1. H. 8. cap. 9. and see the statute anno 22. H. 8. cap. 5. Pontibus reparandis is a writ directed to the Shyreeue c. willing him to charge one or more to repaire a bridge to whom it belongeth Regist orig fol. 153. b. Portgreue portgreuius is compounded of two words port greue or graue i. praefectus It signifieth with vs the chiefe magistrate in certaine coast townes and as M. Camden saith in his Britan. pag. 325. the chiefe magistrate of London was termed by this name in steed of whom Richard the first ordained two Bayliffes but presently after him King Iohn granted them a Maior for their yearely Magistrate Porter of the doore of the Parlament house is a necessary officer belonging to that high court enioyeth the priuiledges accordingly Cromptons Iurisd fol. 11. Porter in the circuit of Iustices is an officer that carieth a verge or white rodde before the Iustices in Eyre so called a portando virgam anno 13. Ed. 1 cap. 24. Porter bearing verge virgator before the Iustices of either benth anno 13. Ed. 1. cap. 41. See Vergers Portemote is a word compounded of port i. portus and the Saxon Gemettan i. conuenire or of the French mot i. dictio verbum It signifieth a Court kept in hauen townes as Swainmote in the Forest Manwood parte prim of his Forest lawes pa. 111. It is sometime called the Portmoote Court anno 43. Eliz. cap. 15. Portsale anno 35. H. 8. cap. 7. id est sale of fish presently vpon returne in the hauen Possession possessio is vsed two waies in our common lawe First for lands and inheritance as he is a man of large possessions In which signification it is also vsed among the Ciuilians sc for the thing possessed l. possessionum Cod. commun vtriusque Iudic. Next for the actuall enioying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in lawe pl. cor fol. 198. The example there is this Before or vntill an office to be found the king hath onely possession in law and not in deed speaking of the lands escheated by the attainder of the owner See praerog fol. 54. 55. In this signification also there is an vnitie of possessioÌ which the Ciuilians call Consolidationem Take an example out of Kitchin fol. 134. if the Lord purchase the tenancie held by Heriot seruice then the Heriot is extinct by vnity of possession that is because the seigneurie and the tenancie be now in one mans possession Many diuisions of possession you may reade in Bracton lib. 2. cap. 17. per totum Post See Per. Post diem is a returne of a writ after the day assigned for the returne for the which the Custos breuium hath foure pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the king for a fine formerly acknowledged before him in his court which is paid by the cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and halfe so much as was payed to the king for the fine and is gathered by the Shyreeue of the Countie where the land c. lyeth whereof the fine was leuyed to be aunswered by him into the Exchequer Post terme is a returne of a writ not onely after the day assigned for the returne thereof but after the terme also which may not be receiued by the Custos brevium but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh for the returne thereof which is twenty pence Postea is a word vsed for a mater tried by Nisi prius and returned into the court of common pleas for Iudgement and there afterward recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes reports volum 6. Rowlands case fol. 41. b. 42. a. See Custos breuium Post disseisin post disseisina is a writ giuen by the statute of West 2. cap. 26. and lyeth for him that hauing recouered lands or tenements by praecipe quod reddat vpon default or reddition is againe disseised by the former diffeisour Fitz. nat br fol. 190. see the writ that lyeth for this in the Register originall fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlatiue whereof is prioritie For a man holding lands or tenements of two lords holdeth of
his auncienter Lord by prioritie and of his later Lord by posterioritie Stawn praerog fol. 10. 11. when one tenent holdeth of two Lords of the one by prioritie of the other by posterioritie c. old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifieth the buying of lands or tenements with money or other agreement and not the obtaining of it by title or discent Coniunctum perquisitum Ioynt pourchase Regist originall fol. 143. b. Pour faire proclaimer que nul eniect fimes ou ordures en fosses euriuers pres cities c. is a writ directed to the Maior Shyreeue or Bayliffe of a citie or towne coÌmanding them to proolaime that none cast filth into the ditches or places neare adioyning and if any be cast alreadie to remoue it This is founded vpon the statut anno 12. Rich. 2. cap. 13. Fitzherb nat br fol. 176. Pourparty propars propartis vel propartia is contrarie to pro indiuiso For to make pourparty is to diuide and seuer the landes that fall to Parceners which before partition they hold ioyntly and pro indiuiso old nat br fol. 11. Pourpresture pourprestura vel perprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanuile lib. 9. cap. 11. Pourprestura est propriè quando aliquid super Dominum Regem iniustè occupatur Vt in Dominicis Regis vel in viis publicis abstructis vel in aquis publicis transuersis à recto cursu vel quando aliquis in ciuitate super Regiam plateam aliquid adificando occupauerit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel ciuitatis Crompton in his Iurisd fol. 152. defineth it thus Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not whether it be in any Iurisdiction land or fraunchis and generally when any thing is done to the Nusance of the kings tenents Et idem eodem fol. 203. saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his Forest lawes pag. 169. parte 2. cap. 10. per totum See Skene de verbor signif verb. Purpresture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a neighbour by a neighbour lying neare him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King seiseth vpon the land which the wife of his Tenent that held in capite disceased hath for her Dowrie if shee marry without his leaue and is grounded vpon the statute of the Kings prerogatiue cap. 3. see Fitzh fol. 174. Poursuyuant commeth of the French poursuiure i. agere agitare persequi It signifieth the Messenger of the king attending vpon him in warres or at the counsell table the Starre Chamber Exchequer or commission court to be sent vpon any occasion or message as for the apprehension of a party accused or suspected of any offence committed Those that be vsed in marshall causes be called Poursw ãâ¦ã t s at armes anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his bodie was naked to the skinne notso much as one cloute about him and was trussed behinde a Pursuyuant at armes like a hogge or a calfe c. The rest are vsed vpon other messages in time of peace and especially in maters touching iurisdiction See Herald Pourueyour prouison commeth of the French pour ãâ¦ã i. prouidere prospicere It signifieth an Officer of the King Queene or other great personage that prouideth corne and other victuall for the house of him whose Officer he is See magna charta cap. 22. 3. Ed. prim cap. 7. cap. 31. anno 28. eiusdem Articuli super chartas 2. and many other statutes gathered by Rastal vnder this title Powldauis anno 1. Iacob ca. â4 Power of the countie posse c ãâ¦ã tatus by M. Lamberds opinion in his Eirenar lib. 3. cap. 1. fol. 309. containeth the ayde and attendance of all Knights gentlemen yeomen labourers seruants apprentises and villaines and likewise of Wardes and of other young men aboue the age of fifteene yeeres within the countie because all of that age are bound to haue harnesse by the statute of Winchester But women ecclesiasticall persons and such as be decrepit or do labour of any continuall infirmitie shall not be compelled to attend For the statute 2. H. 5. cap. 8. which also worketh vpon the same ground saith that persons sufficient to trauell shall be assistant in this seruice Pounde parcus seemeth to signifie generally any inclosure of strength to keepe in beasts but especially with vs is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them vntill they be repleuied or redeemed And in this signification it is called a pound ouert or open pound being builded vpon the wast of some Lord within his fee and is called the Lords pownd For he provideth it to his vse and the vse of his tenents See Kitchin fol. 144. It is diuided into pound open and pound close pound open or ouert is not onely the Lordes pownd but a backside court yarde pasture or else what soeuer whether the owner of any beasts impounded may come to giue them meate and drinke without offence for their being there or his comming thither pound close is then the contrary viz. such a one as the owner cannot come vnto to the purpose aforesaide without offence as some close house or such like place Powndage is a Subsidie granted to the King of all maner of merchandies of euery merchant denizen and alien caried out of this realme or brought into the same by way of Merchandize to the valew of twelue pence in eeuery pound anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi cap. 33. Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which euery member or Canon of a Cathedrall church receiueth in the right of his place for his maintenance And though vse haue wrought the latine word into the nature of a Substantiue yet I thinke it originally to be an Adiectiue or participle and to haue bene ioyned with pars or portio as Canonica portio which is in a maner all one in signification How be it Canonica portio is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church and praebenda is a seuerall benefice rising from some temporall land or church appropriated toward the maintenance of a Clerke or member of a Collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends
dare bellum indicere belli indicenci licentiam alii dare pronunciare ita vt a sententia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae maiestatis legitimare per rescriptum eos qui extra legitimum matrimonium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest ius erigendi scholam quae hodie Vniuersitas vel Academia appellatur etiaÌ ius creaÌdi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones siue notarios ius dandi insignia nobilitatis siue nobiles creandi ius cudendae monetae noua vectigalia instituendi vel instituta vectigalia augendi Sixtinus vbi supra So that those other which are mentioned in libris feudorum and the interpreters of them are at the least for the most part iustly called regalia minora as armandiae viae publicae flumina nauigantia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona quae indignis auferuntur bona eorum qui incestum matrimonium contrahunt bona damnatorum proscriptorum angariae parangariae extraordinariae ad expeditionem imperatoris collationes potestas creandorum magistratuum ad iusticiam exequendam argentarie palatia in ciuitatibus constituta piscationum reditus salinarum reditus bona committentium crimen laesae maiestatis thesaurus inuentus By setting downe these regalities of both sorts as they are accoumpted in the Empire and other forein kingdomes they may be the more easily compared with our kings prerogatiues and so the differences noted betweene vs and them And whereas some things are before reckoned both inter regalia maiora minora the reader must vnderstand that this may be in diuers respects For example the power of raising a tribute or of coyning money is inter maiora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatiues belonging to the king of this land which doe not bring profit to his cofers immediately and therefore may be accoumpted inter regalia maiora or at the least in a middle or mixt nature or inter maiora minora because by a consequent they tend to the increase of the kings exchequer Of these such as I haue obserued in reading I will set downe as they come to my hands without farder curiosity in diuiding It is the kings prerogatiue that he may not be siewed vpon an ordinary writ as tenent to lands but by petition Plowd casu Walsingham fo 553. to haue a cecessary consent in the appropriation of all benefices Idem casu Grendon fol. 499. to waiue and to demurre and to pleade to the issue or to waiue the issue and to demurre vpon the plee of the aduers part yet not to chaunge the issue another terme after he and the aduers part be once at issue Idem casu Willion fol. 23. 6. a. casu Mines fol. 322. a. to be receiued in a suite before issue ioyned vpon an ayde prier Idem casu Dutchry of Lancaster fol. 221. b. to be neuer in nonage eodem fol. 218. b. that a man indicted may not wage battell with him Idem casu nimes fol. 335. b. that no man vpon any right may enter vpon him being in possession but must be put to suite Dyer fol. 139. nu 33. to seise the lands of his tenents that alienate without licence Plowd casu Mines fol. 322. a. that no subiect may wage his law against him Broke chosein action 9. Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his worde before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies case fol. 79. a. not to finde pledges for the persecuting of any action For he cannot be amerced Fitzh nat br fo 31. F. fo 47. C. to siew in what court he will Fitzh nat br f. 7. B. 32. E. to siew the writ Ne admittas after sixe monethes Regist orig fol. 31. a. that a mans villein hauing remained in his auncient demesn by the space of a yeare may not be recouered by the writ de natiuo habendo Fitzh nat br fol. 79. A. to graunt an office with the babendum post mortem alterius Dyer fo 295. nu 1. to shorten the ordinary time of summons being 15. daies in writ of right Brit. ca. 121. to giue what honour or place he listeth to his subiects anno 31. H. 8. ca. 10. to be owner of a forest See Forest to haue free warren See Warren Not to be owted of his free hould Cromptons Iustice of peace fol. 59. b. 16. a. to araigne a man being both a Traitor and a Felon rather vpon the treason than vpon the felony because he may haue the whole escheats Idem eodem fol. 99. a. to warrant the day of appearance to his subiect being in his seruice and summoned to appeare at a day certaine Fitzh nat br fol. 17. a. Diuers of these and many others did belong fisco imperatorum which you may finde in the Digest De iure fisci Co. lib. 10. tit 1. Besides these also many moe may be obserued to belong vnto our King out of lawes which I leaue to their collection that are of longer reading and more painefull industry Prerogatiue of the Archbishop of Canterbury or Yorke prarogatiua Archiepiscopi Cantuariensis seu Eboracensis is an especiall preeminence that these Sees haue in certaine cases aboue ordinary Bishops within their Prouinces And that of the Archbishop of Canterburie principally consisteth of these points First in the confirmation of all elections made of Bishops by the Deane and Chapter of all Cathedrall Churches as also the consecration of them Next in a power of visiting his whole Prouince of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiuing appeales from their courtes of assigning coadiutours to those Bishops that grow weake and insufficient to discharge their function of appointing Vicars generall to those that haue either none or an insufficient man employed in that office and of dispensing in all ecclesiasticall cases wherein the lawes beare dispensation of taking oath of euery Bishop at his confirmation to performe canonicall obedience vnto the See of Canterburie But thes seem to belong vnto him by an ordinarie archiepiscopall authority Certaine other things there be that appertaine vnto him more then ordinarily to other Archbishops as the originall calling of any person in any cause belonging to spirituall iurisdiction out of any part of his prouince though not appealed But this point is now limited by the Statute made anno 23. Henr. 8. ca. 9. The receyuing of an appeale from the lowest Iudge ecclesiasticall
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz ãâã ãâã ãâã ãâã ãâã i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere preheÌdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secoÌd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade Bracton also lib. 5. tract 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith that it lyeth not after sentence giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon the first assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall speeches Whereby it falleth out many times that great troubles are stirred in our common wealth and great attempts made by those to whom the speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
to them and their successours See Appropriation Prorata portionis See Onerando pro rata portionis Protection protectio hath a generall and a speciall signification In the generall it is vsed for that benefite and safetie that euery subiect or Denizen or alien specially secured hath by the Kings lawes And thus it is vsed anno 25. Ed. tertii capite 32. Protection in the speciall signification is vsed for an exemption or an immunitie giuen by the King to a person against suites in lawe or other vexations vpon reasonable causes him thereunto moouing which I take to be a braunch of his prerogatiue And of this protection Fitzh maketh two sortes in his nat br fol. 28. The first forme or sort he calleth a protectioÌ cum clausula volumus wherof he mentioneth foure particulars A protection quia profecturus for him that is to passe ouer sea in the kings seruice A protection quia moratur for him that is abroad in the Kings seruice vpon the sea or in the marches anno 7. H. 7. cap. 2. A protection for the Kings debter that he be not siewed or attached vntill the King be payed his debt See anno 15. Ed. 3. This some Ciuilians call moratoriam which see In singularibus Marantae verb. Princeps pag. 79. col 2. And a protection in the kings seruice beyond the seas or on the marches of Scotland whereof you may reade something anno 1. R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second forme of protection is tearmed cum clausula Nolu ãâ¦ã which is graunted most commonly to a spirituall company for their immunitic from taking of their catell by the Kings ministers But it may be graunted also to one man spirituall or temporall Of these things reade the same authour and the formes of these writs See also in the Register originall fol. 22. 23. And see the new Expositour of lawe termes to what action the kings protection doth not extend See also the new booke of Entries verbo Protection Protonotarie protonotarius See Preignetarie Protestation protestatio is as Iustice Walsh defineth it a defence or safegard to the partie which maketh it from being coÌcluded by the act he is about to doe that issue cannot be ioyned vpon it Plowden fol. 276. b. whereof see the Register original fol. 306. b. And see Protest Protest protestari hath two diuers applications one is by way of cautell to call witnesse as it were or openly to affirm that he doth either not at all or but after a sort yeeld his consent to any act as vnto a proceeding of a Iudge in a court wherein his iurisdiction is doubtfull or to answer vpon his oath farder then he by lawe is bounde See Plowden casu Gresbroke fol. 276. b. and the Register orig fol. 306. b. Another is by way of complaint to protest a mans bill For example if I giue mony to a Merchant in Fraunce taking his bill of exchange to be repayed in England by one to whome he assigneth me if at my comming I find not my selfe satisfied to my contentment but either delayed or denyed then I goe into the Burse or some open concurse of Merchants and protest that I am deceiued by him And thereupon if he haue any goods remaining in any mans hands within the Realme the lawe of Merchants is that I be paid out of them Prouuer Probator See Approuuer anno 5. H. 4. ca. 2. See Approuours Prouince Prouincia was vsed among the Romans for a Country without the compasse of Italie gained to their subiection by the sword wherevpon the part of Fraunce next the Alpes was soe called of them when it was in their dominion and of that carieth the same name at this present But with vs a province is most vsually taken for the circuit of an Archebishops Iurisdiction as the Province of Canterbury and the province of Yorke anno 32. H. 8. cap. 23. anno 33. eiusdem cap. 31. yet it is vsed diuers times in our statutes for seuerall parts of the Realme Provinciall Prouincialis is a cheife gouernour of an order of Friers anno quar Henr. quar cap. 17. Protoforestarius was he whom the auncient kings of this Realme made chiefe of Winsour forest to heare all causes of death or mayhem or of slaughter or of the Kings deare within the Forest Camd. Britan. pag. 213. See Iustice of the Forest Prove See Profe Prouision Provisio is vsed with vs as it is vsed in the Canon lawe for the providing of a Bishop or any other person of an ecclesiasticall liuing by the Pope before the Incumbent be dead It is also called gratia expectatiua or Mandatum de providendo The great abuse whereof in the Pope through all Christendome heretofore you may read not only in Duarenus de sacris ecclesiae ministoriis beneficiis lib. 3. cap. 2. but also for England particularly in diuers statuts of the Realme viz. anno 25. Ed. 3. cap. 22 sttat 4. statu 5. commonly called the statute de prouiscribus anno 27. eiusdem cap. i. anno 38. eiusdem stat 2. cap. 1. 2. 3. 4. anno 38. eiusdem anno 2. Rich. 2. cap. 7. anno 3. eiusdem cap. 3. anno 7. eiusdem cap. 12. anno 12. eiusdem cap. 15. anno 13. eiusdem stat 2. cap. 2. 3. anno 16. eiusdem cap. 5. anno 2. H. 4. cap. 3. 4. anno 5. eiusdem cap. pri anno 7. eiusdem cap. 6. 8. anno 9. eiusdem cap. 8. anno 3. H. 5. cap. 4. See Praemunire Provisour Provisor is he that sieweth to the court of Rome for a prouision old nat br fol. 143. See Provision Proviso is a condition inserted into any deede vpon the obseruance wherof the validitie of the deede consisteth which forme of condition seemeth to be borrowed from Fraunce for Pourve u Gallicum semper conditionem inducit Tiraquel tomo 3. pag. 216. Our common lawyers say that it sometime signifieth but a couenant whereof you haue a large disdispute in the 2. booke of Sir Ed. Cokes reports in the Lord Cromwels case It hath also another signification in maters Iudiciall as if the plaintife or demaundant desist in prosecuting an action by bringing it to a triall the defendant or tenent may take out the venire facias to the Shyreeue which hath in it these words Prouiso quòd c. to this ende that if the plaintife take out any writ to that purpose the shyreeue shall summon but one Iurie vpon them both See old natura breuium in the writ Nisi prius fol. 159. Purchas See pourchas Purfles of a womans growne anno 33. H. 8. cap. 5. Purgation Purgatio is a cleering of a mans selfe from a crime whereof he is probably and publiquely suspected and thereof denounced to a Iudge Of this there was great vse in England touching maters of felonie imputed to Clerks in former time as appeareth by Stawnf pl.
cor lib. 2. cap. 48. See Clergie It is still obserued for mater pertaining to the ecclesiasticall court as suspicion or common fame of Incontinencie or such like Purgatio is either canonicall canonica or vulgar vulgaris Canonicall is that which is prescribed by the Canon lawe the forme whereof is vsuall in the spirituall courte the man suspected taking his oath that he is cleere of the fault obiected and bringing so many of his honest neighbours being not aboue twelue as the court shall assigne him to sweare vpon their consciences and credulitie that he sweareth truly or hath taken a true oath Vulgar purgation was by fire or water or by combat vsed by Infidels and Christians also vntill by the Canon lawe it was abolished tit 15. de purgatione Can. vulga in Decretalibus Combat though it be lesse in vse then it was yet is it and may be still practised by the lawes of the Realme in cases doubtfull if the defendant chuse rather the Combat then other triall See Ordel. See Combat Purlue is all that ground neere any Forest which being made Forest by Henry the second Richard the first or King Iohn were by perambulations graunted by Henry the third seuered againe from the same Manwood parte 2. of his Forest lawes cap. 20. And he calleth this ground either Pourallee i. perambulationem or purlieu and purluy which he saith be but abusiuely taken for pourallee vbi supra nu 3. But with the licence of that industrious and learned gentleman I am bold to say that this word may be no lesse fitly made of two French words pur i. purus and lieu i. locus and my reason is because that such grounds as were by those kings subiected to the lawes and ordinances of the Forest are now cleered and freed from the same for as the Ciuilians cal that purum locum qui sepulchrorum religioni non est obstrictus § 9. de rerum divis in institut so no doubt in imitation of that very point our auncestours called this purlieu id est purum locum because it was exempted from that seruitude or thrauldom that was formerly laid vpon it So ager purus est qui neque sacor neque sanctus neque religiosus sed ab omnibus huiusmodi nominibus vacare videtur l. 2. § 4. ãâã de religio sumptibus funerum And therefore M. Cromptons Purraile is not much amisse fol. 153. of his Iurisd because we may also deriue it from the French words pur and Allee that is as much to say as a cleere or a free walke or passage And where it is sometime called Pouralee that may and doth come from pur and Allee i. Itio profectio ambulatio because he that walketh or courseth within that compasse is cleere enough from the lawes or penalties incurred by them which hunt within the precincts of the Forest See the stat anno 33. Ed. pri stat 5. Pourlie man is he that hath grouÌd within the Purlieu and being able to dispend 40. shillings by the yeare of free hould is vpon these two points licensed to hunt in his owne purlieu Manwood parte pri of his Forest lawes pag. 151. 177. but what obseruations he must vse in his hunting see him pag. 180 181. 186. See him likewise parte 2. cap. 20. nu 5. 8. 9. c. See Purlieu Purpresture See Pourpresture Pursey anno 43. Elizabeth cap. 10. Purswivant See Poursuivant Purveyours See Pourveyours Pyker alias Pycar a kind of shippe anno 31. Ed. 3. Stat. 2. cap. 2. Q QVadragesima is the first sonday in lent so called as I take it because it is the fourtith day before Easter The sonday before that is Quinquagesima the second before Sexagesima the 3. septuagesima Quae plura is a writ that lieth where an Inquisition hath beene made by the Escheatour in any countie of such lands or tenements as any man died seised of and all that was in his possession be not thought to be found by the office The forme whereof see in the Register originall fol. 293. and in Fitzh nat br fol. 255. It differeth from the writ called melius inquirendo as Fitz. there saith because this is granted where the Escheatour formerly proceeded by vertue of his office and the other where he found the first office by vertue of the writ called Diem clausit exeremum See the newe booke of Entries verbo Quae plura Quaerens non invenit plegium is a returne made by the Shyreue vpon a writ directed vnto him with this condition inserted Si A fecerit B. securum de loquela suae prosequenda c. Fitzh nat br fol. 38. O. Quae seruicia is a writ See Per quae servitia Quale ius is a writ Iudiciall that lieth where a man of religion hath iudgement to recouer land before execution be made of the Iudgement for this writ must betweene Iudgement and execution goe forth to the Escheatour to inquire whether the religious parson hath right to recouer or the Iudgement is obteined by collusion betweene the Demaundant and the Tenent to the intent the true Lord be not defrauded See Westm 2. cap. 32. Cum virireligiosi c. the forme of this writ you may haue in the Register Iudiciall fol. 8. 16. 17. 46. and in the old nat br fol. 161. See the newe boke of Entries verbo Qualeius Quare eiecit infra terminum is a writ that lieth for a leassee in case where he is cast out of his ferme before his terme be expyred against the feoffee of the leassour that eiecteth him And it differeth from the Eiectione Firmae because this lyeth where the leassour after the lease made infeoffeth another which eiecteth the leassee And the Eiectione firma lieth against any other Straunger that eiecteth him The effect of both is all one and that is to recouer the residue of the terme See Fitzh nat br fol. 197. See the Register originall fol. 227. and the newe booke of Entries verbo Quare eiecit infra terminum Quare impedit is a writ that lyeth for him who hath pourchased a maner with an Advousen thereunto belonging against him that disturbeth him in the right of his Advowsen by presenting a Clerk thereunto when the Church is voide And it differeth from the writ called Assisa vltimae praesentationis because that lieth where a man or his Auncestours formerly presented and this for him that is the pourchasour him selfe See the Expositour of the termes of law and owld nat br fol. 27. Bracton lib. 4. tracta 2. cap. 6. Britton cap. 92. and Fitzh nat br fol. 32. and the Register originall fol. 30. where it is said that a Quare impedit is of a higher nature then Assisa vltimae praesentationis because it supposeth both a possession and a right See at large the newe booke of Entrise verbo Quare impedit Quare incumbrauit is a writ that lyeth agaiust the Bishop which within sixe monethes after the vacation of a
writ and not those that he houldeth of course or custome And in that case also it may be gathered out of the same authour that he hath a record but with the testimony of those annexed that be suiters to the Court. Which seemeth to agree with Bractons words aboue specified Seruiens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanuile lib. 8. cap. 8. 9. 10. One Iustice vpon view of forcible detinew of land may record the same by statute anno 15. R. 2. cap. 2. the Maior and Constables of the Staple haue power to record recognisances of debt taken before them anno 10. H. 6. ca. 1. Brooke titulo Record seemeth to say that no court ecclesiasticall is of record how truly it is to be inquired For Bishops certifiing bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a diuorce a spirituall intrusion or whether a man be professed in any religion with other such like are credited without farder enquiry or controlment See Brooke titulo Bastardy See Fleta lib 6. ca. 39. 40. 41. 42. Lamb. cirenarcha lib pri cap. 13. Glanuile li. 7. ca. 14. 15. the Register originall fol. 5. b. Bracton lib. 5. tracta 5. ca. 20. nu 5. Britton ca. 92. 94. 106. 107. 109. Doct. and Stud. li. 2. ca. 5. but especially Cosius apologie parte pri ca. 2. And a testament shewed vnder the seale of the Ordinary is not trauersable 36. H. 6. 31. Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference betweene that law whereby the court Christian is most ordered and the common law of this land For by the ciuile or canon law no instrument or record is held so firme but that it may be checked by witnesses able to depose it to be vntrue Co. pluâ valere quod agitur quà m quod simulate concipitur ca. cùm Iohannes 10. extra de fide instrumentorum Whereas in our common law against a record of the Kings Court after the terme wherein it is made no witnes can preuaile Britton ca. 109. Coke lib. 4. Hindes case fol. 71. lib. assisarum fol. 227. nota 21. This reconciliation may be iustified by Brooke himselfe titulo Testaments num 4. 8. 14. and by Glanuile lib. 8. cap. 8. The King may make a court of record by his graunt Glanuil li. 8. ca. 8. Britton cap. 121. as for example Queene Elizabeth of worthy memory by her Charter dated 26. Aprilis anno 3. regni sui made the Consistory Court of the Vniuersity of Cambridge a Court of record There are reckoned among our common lawyers three sorts of records viz A record iudiciall as attainder c. A record ministeriall vpon oath as an office found A record made by conueyance by consent as a fine deede enrolled or such like Coke li. 4. Andrew Ognels case fo 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeue to remoue a cause depending in an inferiour court to the Kings bench or common plees as out of a court of auncient Demesn Hundred or Countie Fitz. nat br fol. 71. B. out of the countie Court idem fo 46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learne more exactly where and in what cases this writ lyeth reade Brooke in his Abridgm titulo Recordare pone It seemeth to be called a recordare because the forme is such that it commaundeth the Shyreeue to whom it is directed to make a record of the proceeding by himselfe and others and then to send vp the cause See the Register verbo Recordare in the Table of the originall Writs See Certiorart See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis Curia â iudicio faciendo non debet amoueri Grand Custumarie of Norm cap. 107. 121. Whereby it appeareth that those which were necessarie Iudges in the Duke of Normandies Courts were called Recorders and who they were is shewed in the ninth chapter of the said booke And that they or the greater part of them had power to make a record it is euident in the chapter 107. Here in England a Recorder is he whome the Maior or other Magistrate of any citie or towne corporate hauing Iurisdiction or a Court of record within their precincts by the Kings graunt doth associate vnto him for his beter direction in maters of Iustice and proceedings according vnto lawe And he is for the most part a man well seene in the common lawe Recordo processis mittendis is a writ to call a Record together with the whole proceeding in the cause out of one court into the Kings Court Which see in the Table of the Register orig how diuersly it is vsed Recordo vtlagariae mittendo is a writ Iudiciall which see in the Register iudicial fol. 32. Recouerie Recuperatio coÌmeth of the French Recouvrer i. Recuperare It signifieth in our commoÌ lawe an obteining of any thing by Iudgement or triall of lawe as evictio doth among the Ciuilians But you must vnderstand that there is a true recouerie and a feigned A true Recouerie is an actuall or reall recouerie of any thing or the value thereof by Iudgement as if a man siewed for any land or other thing moueable or immoueable and haue a verdict and Iudgement for him A feigned recouerie is as the Ciuilians call it quaedam fictio iuris a certaine forme or course set downe by lawe to be obserued for the beter assuring of lands or tenements vnto vs. And for the beter vnderstanding of this reade West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a Recouerie is to discontinue and destroy estates Tayles Remainders and Reuersions and to barre the former owners thereof And in this formality there be required 3. parties viz. the Demaundant the Tenent and the Vowchee The Demaundant is he that bringeth the writ of Entrie and may be termed the Recouerer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vowchee is he whom the teneÌt vowcheth or calleth to wartantie for the land in demaund West vbi supra In whom you may reade more touching this mater But for example to explane this point a man that is desirous to cut of an estate tayle in lands or tenements to the end to sell giue or bequeath it as him self seeth good vseth his frend to bring a writ vpon him for this land He appearing to the writ saith for him selfe that the land in question came to him or his auncesters from such a man or his auncester who in the conueiance thereof bound him selfe and his heires to make good the title vnto him or them to whome it was conueied And so he is allowed by the court to call in this third man to
the Parson of the Church dying a straunger presenteth his Clerke to the Church he not hauing moued his action of Quare impedit nor darrein presentment within sixe monethes but suffered the straunger to vsurpe vpon him And this writ he only may haue that claimeth the Aduowzen to himselfe and to his heires in fee. And as it lyeth for the whole aduowzen so it lyeth also for the halfe the third the fourth part old nat br fol. 24. Register originall fol. 29. Recto de custodia terrae haeredis is a writ that lyeth for him whose Tenent houlding of him in Chiualry dyeth in his nonage against a straunger that entreth vpon the land and taketh the body of the heire The forme and farder vse whereof see in Fitzh nat br fol. 139. and the register originall fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the kings court sc in the common plees doth avow vpon his tenent and the Tenent disclaimeth to hould of him vpon the disclaimer he shall haue this writ and if the Lord auerre and proue that the land is houlden of him he shall recouer the land for euer old nat br fo 150. which is grounded vpon the statute Westm 2. ca. 2. anno 13. Ed. pri which statute beginneth Quia Domini feudorum c. Rector is both Latine and English signifiing a Gouernour In the common law rector ecclesia parochialis is he that hath the charge or cure of a parish Church qui tantum ius in ecclesia parochiali habet quantum praelatus in ecclesia collegiata ca. vlt De locat Conduct in glos verbo Expelli potuissent In our common law I heare that it is lately ouer ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicarage endowed and he that hath a personage without a vicarage is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton vseth it otherwise lib 4. tracta 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios vt personae Where it is plaine that rector and persona be confounded Marke also these words there following Item dici possunt rectores Canonici de ecclesus praebendatis Item dici possunt rectores vel quasi Abbates Priores alii qui habent ecclesias ad proprios vsus Rectus in curia is he that standeth at the barre and hath no man to obiect any offence against him Smith de repub Angl li. 2. c. 3. see a. 6. R. 2. sta 1. c. 12. Reddendum is vsed many times substantiuely for the clause in a lease c. Whereby the rent is reserued to the leasour Coke lib. 2. Lord Cromwels case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adiudged to haue disseised the same man of his lands or tenements For the which there lyeth a speciall writ called a writ of redisseisin old nat br fol. 106. Fitzh nat br fol. 188. See the new booke of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin Reg. orig fo 206. 207. Reddicion is a iudiciall confession and acknowledgement that the land or thing in demauÌd belongeth to the demaundant or at the least not to himselfe a. 34. 35. H. 8. ca. 24. Perkins Dower 379. 380. Redubbours be those that buy cloth which they know to be stollen and turne it into some other forme or fashion Britton cap. 29. Cromptobs Vicount fol. 193. a. Reentry coÌmeth of the French rââtrer i. rursus intrare and signifieth in our common law the resuming or taking againe of possession which we had âââst forgone For example if I make a lease of land or tenement I doe thereby forgoe the possession and if I doe condition with the Leassee that for non payment of the rent at the day it shal be lawfull for me to reenter this is as much as if I conditioned to take againe the lands c. into mine owne hands and to recouer the possession by mine owne fact without the assistance of Iudge or proces Reere countie See Rier Cowntye Re extent is a a second extent made vpon lands or tenements vpon complaint made that the former extent was partially performed Brooke titulo Extent fol. 313. Regard regardum is borowed of the French Regard or Regardure i. aspectus conspectus respectus and though it haue a generall signification of any care or diligence yet it hath also a speciall acceptance and therein is vsed onely in maters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging tothe Regarders office or charge Cromptons Iurisd fol. 175. 199. Touching the former thus saith M. Manwod parte pri of his Forest lawes pag. 198. The Eire generall sessions of the Forest or Iustices seat is to be houlden and kepte euery third yeare and of necessity before that any such sessions or Iustices seate can be houlden the Regarders of the Forest must make their Regard And this making of the Regard must be done by the kings writ And the Regard is as he afterward there saith to goe through the whole Forest and euery Bayliwicke of the same to see and enquire of the trespasses of the Forest which he compriseth in these 4. viz. ad videndendum ad inquirendum ad imbreviandum ad certificandum Of euery of which braunches you may reade there his exposition Touching the second signification the compas of the Regarders charge is the whole Forest that is all that ground which is parcell of the Forest For there may be woods within the limits of the Forest that be no parcell thereof and those be without the Regard as the same author plainely declareth parte pri pag. 194. and againe parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra Regardum or Rewardum Infra Forestam Regarder Regardator commeth of the French Regardeur i. spectator signifieth an officer of the Forest Cromptons Iurisdict fol. 153. where it is thus defined A Regarder is an officer of the Forest appointed to survew all other officers He saith there also that this officer was ordeined in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag. 188. thus defineth him A Regarder is an officer of the Kings Forest that is sworne to make the Regard of the Forest as the same hath been vsed to be made in auncient time And also to view and inquire of all offences of the Forest as well of vert as of venison and of all concealements of any offences or defaults of the Foresters and of all other officers of the Kings Forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings
leters patents or by any one of the Kings Iustices of the Forest at his discretion in the generall Eyre or at such time as the Regard is to be made by vertue of the Kings writ directed to the Shyreeue of the Countie for that purpose The forme of which writ he there setteth downe After that pag. 192. he setteth downe his oath in these words You shall truly serue our souereigne Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such maner as the same hath beene accustomed to be made You shall raunge through the whole forest and through euery Bailiwicke of the same as the Foresters there shall lead you to view the said forest And if the foresters will not or doe not know how to lead you to make the regard or raunge of the Forest or that they will conceale from you any thing that is forfeited to the King you your selues shall not let for any thing but you shall see the same forfeiture and cause the same to be inrolled in your rolle You shall inquire of all wastes pourpre stures and Asserts of the Forest and also of concealements of any offence or trespasse in the Forest all these things you shall to the vttermost of your power doe so helpe you God Then you may reade farder the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be vpon their view and so recorded and that the Regarders of themselues haue power to heare and determine the fine or amerciament for expeditating of dogs See Regard Regio assensu is a writ whereby the King giueth his Royall assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie Registrum commeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with vs the office or books or rolls wherin are recorded the proceedings of the Chauncerie or any spirituall courte The writer and keeper whereof is called the Register in latine Registarius Register is also the name of a booke wherein are expressed all the formes of writs vsed at the common lawe called the Register of the Chauncerie anno 13. Ed. prim cap. 24. Some say it is tearmed Registrum quasi Regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbush an old garment and to make it new againe Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sel them the beter mentiends coloris artem optime callebant Martialis Plinius This word in our coÌmon lawe did aunciently signifie such as bought by the great and sold by retayle anno 27. Ed. 3. stat prim ca. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or faire or within 5. miles thereof anno 5. Ed. 6. cap. 14. anno 5. Eliz. cap. 12. anno 13. Eliz. cap. 25. See Forestallers and Engrossers Rehabere facias seisinam quando Vice comes liberavit seifinam de maiore parte quam deberet is a writ Iudiciall Regist. Iudicial fol. 13. 51. There is another writ of this name and nature eodem fol. 54. Reioynder reiunctio signifieth in our common lawe as much as Duplicatio with the Ciuilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffes bill is called an exception the plaintiffes aunswer to that is called a Replication and the Defendants to that Duplication in the ciuill lawe and a Reioynder with vs especially in Chauncerie West parte 2. symb titulo Chauncerie sect 56. where he citeth these words out of Spigelius Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationeÌ actoris confirmandum except ionem Rei Relation relatio idem quod fictioiuris to make a nullitie of a thing from the beginning for a certaine intent which had essence Cooke lib. 3. Butler Baker fol. 28. b. which in playner termes may be thus expounded Relation is a fiction of the lawe whereby something is for a speciall purpose imagined neuer to haue bene which in truth was Reade the rest Release relaxatio commeth of the French Relasche i. cessatio relaxatio lax amentum and in our common lawe is thus defined A Release is an Instrument whereby estates rights titles entries actions and other things be some time extinguished some time transserred sometime abridged and sometime enlarged West parte prim symbol lib. 2 sect 509. And there is a Release in fact and a release in lawe Perkins Graunts 71. A release in fact seemeth to be that which the very words expressely declare A Release in lawe is that which doth acquite by way of consequent or intendment of lawe An example whereof you haue in Perkins vbi supra Of these how they be auaileable how not see Litleton at large li. 3. cap. 8. fol. 94. of diuers sortes of these Release see the newe booke of Entries verbo Release Reliefe relevium commeth of the French relever i. relevare and fignifieth in our common lawe a certaine summe of money that the tenent holding by knights seruice grand sergeantie or other tenure for the which homage or regall seruice is due or by soccage for the which no homage is due and being at full age at the death of his auncestour doth pay vnto his Lord at his entrance Bracton lib. 2. cap. 36. giueth a reason why it is called a Reliefe viz. quia haereditas quae tacens fuit per antecessoris decessum relevatur in manus heredum propter factam relevationem facienda erit ab herede quaedam praestatio quae dicitur Relevium Of this you may read Britton cap. 69. in a maner to the same effect Of this also speaketh the Grand Custumary of Normandie cap. 34. to this effect It is to be knowne that the Lord of the fee ought to haue reliefe of the lands which be held of him by homage when those die of whom he had homage And that this is not onely proper to vs in Eng. or Normandie appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quodnovus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alto quo casu feudum ceciderit quod iam à novo sublevetur and farder speaketh of it that which is worth the reading and containeth great knowledge of antiquitie See the like definition in Maranta singularibus verbo Relevium For the quantitie of this reliefe see the Great charter cap. 2. in these words If any of our Earles or Barons or any other our tenents which hold of vs in chiefe by knights seruice dye and at the time of his death his heire is of full age and oweth
in the reuersion commeth in and prayeth to be receiued to defend the land and to plead with the Demandant Many more you may haue in Brooke titulo Resceite fol. 205. See Perkins Dower 448. âeceit is also applied to an admittance of plee though the controuersie be but betweene two onely Brooke estoppell in many places Resceyt of homage is a relatiue to doing homage for as the Tenent who oweth homage doth it at his admission to the land so the Lord receiueth it Kitchin fol. 148. See Homage Rescous Rescussus commeth of the French Rescourre se Rescourre du danger i. asserere se ab iniuria It signifieth in our common law a resistance against a lawfull authoritie as for example if a Baylife or other officer vpon a writ doe arrest a man and another one or more by violence doe take him away or procure his escape this act is called a Rescus Cassanaeus in his booke de consuetud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations do vse this word in the same signification that we doe or the very like It is also vsed for a writ which lyeth for this act called in our lawyers latine Breue de rescussu whereof you may see both the forme and vse in Fitzh nat br fol. 101. and the register originall fol 125. See the new booke of Entries verbo rescous This rescous in some cases is treason and in some felony Crompton Iustice fol 54. b. Reseiser reseisire is a taking againe of lands into the Kings hands whereof a generall liuery or ouster le main was formerly missued by any person or persons and not according to forme and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir i. residere and signifieth a mans aboad or continuance in a place Old nat br fo 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custome of speach tyeth that onely to persons ecclesiasticall Reseruation signifieth that rent or seruice which the graunter in any graunt tyeth the grauntee to performe vnto him or them or the Lord Paramonte Perkins reseruations per totum Residence residentia commeth of the Latine residere and is peculiarly vsed both in the Canon and Common lawe for the continuance or abode of a Parson or Vicar vpon his benefice The default whereof except the partie be qualified and dispenced with is the losse of tenne pounds for euery moneth anno 28. Henr. 8. cap. 13. Resignation resignatio is vsed particularly for the giuing vp of a Benefice into the hands of the Ordinarie otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by vse more restreined to the yeelding vp of a spirituall liuing into the hands of the Ordinarie and Surrender to the giuing vp of temporall lands into the handes of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he hath supremam authoritatem Ecclesiasticam as the Pope had in time past Plowden casu Grendon fol. 498. a. Resort is a word vsed properly in a writ of ayle or cousenage as discent is in a writ of right Ingham Respectu computi Vice-comitis habendo is a writ for the respiting of a Shyreeues accompt vpon iust occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 279. Respight of homage respectus homagii is the forbearing of homage which ought first of all to be performed by the tenent that holdeth by homage Which respight may be occasioned vpon diuers good reasons but it hath the most frequent vse in such as hold by Knights seruice in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certaine times in the yeare some small summe of money to be respighted vntill the Prince may be at leasure to take it in person Responsions responsiones seeme to be a word vsed properly and especially by the knights of S. Iohn of Ierusaiem for certaine accompts made vnto them by such as occupied their landes or stockes anno 32. H. 8. cap. 24. Responsalis is he that commeth for another at the day assigned for his appearance in Court Bracton Fleta seemeth to make a difference betweene atturn atum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came onely to alledge the cause of the parties absence be he the demandant or tenent and responsalis came for the tenent not onely to excuse his absence but also to signifie what triall he meant to vndergoe viz. the combat or the countrie lib. 6. cap. 11. § Si autem A man in auncient time could not appoint an Atturney for him without warrant from the king Fleta eodem cap. 13. in fine See Atturney This word is vsed in the Canon lawe Et significat procuratorem vel eum qui absentem excusat cap. Cùm olim propter extra de rescript Restitution restitutio is a yeelding vp againe of any thing vnlawfully taken from another It is vsed in the common law most notoriously for the setting him in possession of lands or tenements that hath bene vnlawfully disseised of them which when it is to be done and when not see Cromptons Iustice of peace fol. 144. b. c. vsque 149. Restitutione extracti ab Ecclesia is a writ to restore a man to the Church which he had recouered for his sanctuarie being suspected of felonie Register ori fol. 69. a. Restitutione temporalium is a writ that lyeth in case where a man being elected and confirmed Bishop of any Diocesse and hath the Princes royall assent thereunto for the recouery of the temporalities or Baronie of the said Bishopricke with the appurtenances And it is directed from the King to the Escheatour of the Countie the forme whereof you haue in the Regist origin fol. 294. and in Fitz. nat br fol. 169. Where you may read also that it lyeth for those Abbots and Priors newly elected and confirmed that were of the kings foundation Resummons resummonitio is compounded twice that is of re sub and Moneo and signifieth a second summons and calling of a man to answer an action where the first summons is defeated by any occasion as the death of the partie or such like Brook tit See Resummons fol. 214. See of these foure sorts according to the foure diuers cases in the Table of the Register Iudiciall fol. 1. See also the new booke of Entries verbo Reattachement Resummons Resumption resumptio is particularly vsed for the taking again into the Kings hands such land or tenements as before vpon false suggestion or other error he had deliuered to the heire or graunted by leters
Bractons words be these lib. 3. tract 2. cap. 8. vel si sit aliquis qui de concessione Domini Regis talem habeat libertatem sicut sock sack Tolnetum Team Infang thefe Hutfanghhefe qui inueÌtus fuerit seisitus de alique latrocmio sicut Hondhabende Backberend tales habent regaleÌ potestateÌ vnde qui tales libertates habeÌt habebuÌt prisonam suam de talibus quia possunt tales in Curia sua iudicare Of the which mater he speaketh also in lib. 2. cap. 24. nu 2. 3. and againe lib. 3. tracta 2. cap. 35. But in none of these places he giueth any interpretation of the word Saxon in his description of England defineth Sack to be a forfeiture as doth Rastall vbi supra fol 132. M. Camden in his Britan pag. 415. speaking of Lincoln hath these words Eduardo Confessore regnante erant ex censuali libro loquor 1070. mansiones hospitalae duodecim Lageman habentes socam sacam To all these adde Bracton lib. 2. cap. 5. where he writeth thus Sunt aliaeres quasi sacrae quae personam Regis respiciunt aliquando transferri non possunt nisi Iusticiariis Domini Rogis ficut visus Franciplegii placita de vetito nannio emendatio transgressionis Assisarum Iudicium latronum sicut de illis qui habent sock sack huiusmodi omnia quae pertinent ad pacem per consequens ad Coronam I am informed that the word sack in the Saxon tongue doth properly signifie so much as causa with the Latines whence wee in English haue the word sake as for whose sake M. Skene de verbor signif verbo Sacke writeth thus In some old books it is called placitum emenda de transgressione hominum in Curia nostra In the lawes of king Edward set foorth by M. Lamberd fol. 132. it is written Sacha Sacha auteÌ est si quilibet aliqueÌ nomin atim de aliquo calumniatus fuerit ille negauerit foris factura probationis vel negationis si euenerit sua erit Which may be called the amercement payed by him who denieth that thing which is proued against him to be true or affirmeth that thing the contrarie whereof is true Thus farre M. Skene Fleta of this hath these words Sake significat acquietantiam de secta ad Comitatum Hundredum lib. pri cap. 47. § Sake But by all those I find not any reason of the word that is why this liberty should be so called and therefore I must leaue it to beter Antiquaries or Linguists see Rog. H. part poster suorum annaliuÌ f. 345. Saccus cum brochia seemeth to be a seruice of finding a sacke and a broch to the King by vertue of a tenure for the vse of his armie Bract. li. 2. c. 16. n. 6. Sacke of wooll saccus laenae is a quantitie of wooll that containeth 26. stone and a stone fourteene pounds anno 14. Ed. 3. stat 1. cap. 21. See Sarplar Sacramento recipiendo quòd vidua Regis se non maritabit sine licentia Regis is a writ or commission to one for the taking of an oath of the Kings widowe that she shall not marie without the Kings licence Register original fol. 298. a. Safe conduict See Saulf conduict Salus is a coine of gold stamped by king Henry the sixth in Fraunce which onely come with another of Blanes of eight pence a peice was current in those places of Fraunce where King Henry was obeyed Stowes Annals pag. 586. Safe pledge Salvus plegius is a suretie giuen for a mans apparence against a day assigned Bracton lib. 4. cap. 2. nu 2. where it is also called certus plegius Sailing ware anno prim R. 3. cap. 8. Sak See Sac. Sakebere in Britton cap. 15. 29. seemeth to be he that is robbed or by theft depriued of his goods with whome Bracton also agreeth lib. 3. tracta 2. cap. 32. nu 2. iu these words Furtum vero manifestum est vbi latro deprehensus sit feisitus de aliquo latrocini o. sc Hondhabende Backberend insecutus fuerit per aliquem cuius res illa fuerit qui dicitur Sacaburthe c. or Sathaber as Stawnford calleth it pl. cor lib. pri cap. 21. The interpretation of this word I find not Onely M. Skene de verb. interpretatione verbo Sacreborgh thinketh it should rather be written Sickerborgh of Sicker i. Securus and Borgh i. plegius signifiing a sure cautioner or suretie which one findeth to another for theft or slaughter whereof he offereth to accuse him iudicially For in this case it behoueth the persiewer to oblige or binde himselfe into the hands of the officer or before a Iudge competent with Sicker borgh or sure caution that he will persiew in forme of lawe And by this meanes it may be that the accuser was wont with vs to be called Sakbere of a circumstance because in this case he was surely bound to persiew Sycker is also an old english word signifiing as much as sure secure or certaine and see Borowe Salet is a headpeece anno 4. 5. Phil Mar. it seemeth to come from the French Salut i. Salus Salmon sewse seemeth to be the young fry of Salmon quasi salmon issue anno 13. R. 3. stat pri cap. 19. Salva Gardia is a securitie giuen by the King to a straunger fearing the violence of some of his subiects for seeking his right by course of lawe the forme whereof see in the Register originall fol. 26. a. b. Sanctuarie Sanctuarium is a place priviledged by the prince for the safegard of mens liues that are offenders being founded vpon the lawe of mercie and vpon the great reuerence honour and deuotion which the Prince beareth to the place whereunto he graunteth such a priuiledge Of this you may read a sufficient treatis in Stawnf pl. cor lib. 2. cap. 38. This seemeth to haue taken beginning from the Cities of refuge which Moyses appointed them to flie vnto for safegard of their liues that had by casualty slaine a man Exodus cap. 21. In bastardly imitation whereof first the Athenians then Romulus erected such a place of immunity which they he after them called Ayslum Polidor Virg de inuentione rerum lib. 3. cap. 12. The Emperours of Rome made the places of their owne statues or Images a place of refuge as appeareth Cod. lib. 1. titulo 15. De iis qui ad statuas confugiunt as also the Churches eodem titulo 12. De iis qui ad ecclesias confugiunt c. But among all other nations our auncient Kings of England seeme to haue attributed most to these Sanctuaries permitting them to shelter such as had committed both felonies and treasons so that within fourty daies they acknowledged their fault and so submitted themselues to banishment during which time if any man expelled them if he were laye he was excommunicated if a Clerk he was made irregular But after fourty daies noe man might
brought in the masse to his Exchange for coyne Seignorie Dominium is borowed of the French seigneury i. ditio dominatus imperium principatus potentatus It signifieth peculiarly with vs a Maner or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the title of him that is not Lord by meanes of any maner but immediatly in his owne person as Tenure in capite whereby one holdeth of the King as of his Crowne is seignorie in grosse because it is held of the king for the time being and not of the King as of any honour maner c. Kitchin fol. 206. See Seignior Seisin seisina is borowed of the French seisine i. possessio and so it signifieth in our common lawe 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 vsed by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Ciuilians Guido Pap. singula 865. Seisire est etiam possessionem tradere Tiraquellus 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 lawe Perkins Dower 369. 370. Seisin in fact is when a corporall possession is taken seisin in lawe is when something is done which the lawe accompteth a seisin as an Inrolment Seisin in lawe 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 houres possession quietly taken hath seisin de droit de claime whereof no man may disscise him by his owne force or subtiltie but must bee driuen to his action § Bref denovel disseisin Sir Edward Cooke lib. 4. calleth it seisin in lawe or seisin actuall fol. 9. a. The Ciuilians call the one ciuilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a writ that lyeth for the deliuery of seisin to the Lord of his land or tenements that formerly was conuicted of felony after the King in the right of his prerogatiue hath had the yeare day and wast Rog. orig fol. 165. a. Selion selio is borowed of the French sellon i. terra elata inter duos sulcos in Latine Porca in english a Ridge or land It signifieth euen so with vs also and is of no certaine quantity but some time conteineth an acre sometime halfe an acre sometime more and sometime lesse West parte 2. symbol titulo Recouery sect 3. Therefore Crompton in his Iurisdictions fol 221. saith that a selion of land cannot be in demaund because it is a thing vncertaine Seneshall senescallus is a French word but borowed from Germany being as Tilius saith compounded of Schal i. servus aut officialis and Gesnid 1. familia we english it a Steward As the high Seneshall or Steward of England pl. cor fol. 152. High Seneshall or Steward and South seneshall or vndersteward Kitchin fol. 83 is vnderstood for a steward or vndersteward of Courts Seneshal de l'hostel de Roy Steward of the Kings houshold Cromptons Iurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshall of England inhibiting them to take cognisance of any action in their court that concerneth either Freehold dept or couenant Register orig fol. 185. a. 191. b. Senie aliâs Sene sena is a leafe of a medicinable herbe that bringeth foorth stalkes of a cubite high purging phlegmaticke cholericke and also melancholicke humors without great violence The farder vse whereof you may reade in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other drugs and spices to be garbled anno 1. Iacob cap. 19. Septuagesima is a sunday certaine and alwayes the third sabbath before Shrouesunday from the which vntill the Octaues after Easter the solemnizing of mariage is by the Canon lawes forbidden The reason whereof is giuen for that all this time vntill Easter is a time of mourning for the fall of Adam and for the miserie of man thereof insuing And Easter with the Octaues thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest ouer death and sinne And that therefore all carnall affection ought during that space to be wholy mortified in vs See Quinquagesima see Aduent see Rogation weeke Sequatur sub suo periculo is a writ that lyeth where a summons ad warrantizandum is awarded and the Shyreeue returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controuersie from the possession of both those that contend for it And it is double voluntarie or necessarie Voluntarie is that which is vsed by the consent of each partie Necessarie is that which the Iudge of his authoritie doth whether the parties will or not It is vsed also for the act of the ordinarie disposing of office the goods and chatels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. nu 42. fol. 271. num 26. As also in the gathering of the fruites of a Benefice voide to the vse of the next incumbeÌt anno 28. H. 8. cap. 11. Fortescue cap. 50. and in diuers other cases Sequestro habendo is a writ iudiciall for the dissoluing of a sequestration made by the Bishop at the Kings commaundement of the fruites of a benefice thereby to compell the Parson to appeare at the suite of another for the Parson vpon his apparence may haue this writ for the release of the sequestration egist Iudicial fol. 36. a. Sergeant seruiens commeth of the French sergeant i. satelles accensus a man of the Guard a kind of souldier so called because he was saepè aecitus ad res necessarias in exercitu peragendas Calepin M. Skene de ver sign verb. Seriant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est includere gent quod pro gente populo vel plebe vsurpatur Itaque Seriandus dicitur qui iussu magistratus quemlibet de populo reum crimin is in carcerem coniicit seu includit This word Sergeant is diuersly vsed in our law and applyed to sundrie offices and callings First a Sergeant at lawe or of the coyfe is the highest degree taken in that profession as a Doctor is in the ciuill lawe And to these as men best learned and best experienced of all others is there one court seuered to plead in by themselues and that is the Court
reade Gerards Herball lib. 2. cap. 425. The fruite or eare of this for it bringeth forth an eare like Lauender is a drugge garbleable anno 1. Iacob cap. 19. Spoliation spoliatio is a writ that lyeth for an incumbent against another incumbent in case where the right of patronage commeth not in debate As if a Parson bee made a Bishop and hath dispensation to keepe his Rectorie and afterward the patron present another to the Church which is instituted and inducted The Bishop shall haue against this incumbent a writ of spoliation in Court Christian Fitz. nat br fol. 36. see Beneuolence Squalley anno 43. Elizab. cap. 10. Squyers See Esquires Stablestand is one of the foure Euidences or presumptians whereby a man is convinced to intend the stealing of the Kings Deere in the Forest Manwood parte 2 of his Forest lawes cap. 18. num 9. the other three be these Dogdrawe Backbeare Bloudie-hand And this stablestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoote at any Deere or with a long bowe or else standing close by a tree with Greyhounds in a lease ready to slippe Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. anno 17. eiusdem cap. 9. Stallage stallagium commeth of the French Estaller i. merces exponere expedire explicare It signifieth in our common law money payed for pitching of stalles in Faire or Market See Scavage This in Scotland is called stallange Skene de verbor signif verbo Stallangiatores And among the Romaines it was termed Siliquaticum à siliqua primo minimo omnium pondere apud illam nationem Stannaries stannaria commeth of the Latine stannum i. tynne signifying the Mines and workes touching the getting and purifying of this mettall in Cornewall and other places Of this read Camden Britan. pa. 119. The liberties of the stannarie men graunted by Ed. 1. before they were abridged by the statute anno 50. Ed. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that towne or citie whether the Merchants of England by common order or commandement did carie their wolles wol-fels cloathes lead and tinne and such like commodities of our land for the vtterance of them by the great The word may probably be interpreted two wayes one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamb. in his duties of Constables num 4. because the place is certaine and setled and againe from the French estape i. forum vinarium because to those places whether our English Merchants brought their commodities the French would also meete them with theirs which most of all consisteth in wines but I thinke this latter the truer because I finde in the Mirrour of the world written in French these words A Calais ãâã auoit Estape de le laine c. Which is as much to say as the staple for wols c. You may read of many places appointed for this staple in the statutes of the land according as the Prince by his Councell thought good to alter them from the second yeare of Ed 3. cap. 9. to the fifth of Edw the sixth cap 7. what officers the staples had belonging to them you may see anno 27. Ed. 3. stat 2. ca. 21. Starre chamber Camera stellata is a Chamber at Westminster so called as Sir Tho. Smith coniectureth lib. 2. cap. 4. either because it is full of windowes or because at the first all the roofe thereof was decked with Images of guilded starres And the later reason I take to be the trewer because anno 25. H. 8. ca. 1. It is written the Sterred Chamber In this Chamber euery weeke twice during the terme and the very next day after terme is there a Court held by the Lord Chaunceler or Keeper and other honourable personages of the Realme This Court seemeth to haue taken beginning from the statute anno 3. H 7. ca. pri Whereby it is ordained that the Lord Chaunceler and Treasurer of England for the time being and the Keeper of the Kings priuy seale or two of them calling to them a Bishop and a temporall Lord of the Kings most honourable Councell and the two cheife Iustices of the Kings Bench and common place for the time being or other two Iustices in their absence should haue power to call before them and punish such misdoers as there be mentioned The faults that they punish be Routes Riots Forgeries Maintenances Embraceries Periurics and such other Misdemeanures as are not sufficiently prouided for by the common law It appeareth both by Sir Tho Smith lib. 2. de Rep Anglo cap. 4. and by experience also that at this day the whole number of the Princes most honourable priuy Councell and such other Barons spirituall or temporall as be called thither by the Prince haue place in this Court with those aboue named Of this Court thus speaketh M. Gwin in the preface to his readings It appeareth in our bookes of the termes of K. Edward 4. And of the report of cases hapning vnder the vsurpation of Richard the third that sometime the King and his Councell and sometime the Lord Chaunceler and other great personages did vse to sit iudicially in the place then and yet called the Starre Chamber But for as much as be like that assembly was not ordinary therefore the next Kings Henry the seuenth and his some H. 8. tooke order by two seuerall lawes viz. 3. H. 7. ca. pri 21. H. 8. ca. 2. That the Chaunceler assisted with others there named should haue power to heare complaints against Retainours Embraceours misdemenures of officers and such other offences which through the power and countenance of such as do commit them do lift vp the head aboue other faults and for the which inferiour Iudges are not so meete to giue correction And because that place was before dedicated to the like seruice it hath bene euer since also accordingly vsed Touching the officers belonging to this Court see Camden pag. 112. 113. Statute statutum hath diuers significations in our common lawe First it signifieth a Decree or act of Parlament made by the Prince and three estates which is the bodie of the whole Realme And though it borow the name from that kind of Decree which those cities that were vnder the Romaine Empire made for the particular gouernment of themselues ouer and aboue the vniuersall or common lawe of the Empire yet in nature it commeth nearest to that which the Romaines called legem for that as that was made by the whole people noble and ignoble so this is ordeined by those that represent the whole number both of prince and subiects one and other through the whole kingdome The difference neuerthelesse was this that Lex was offered to the consideration of the people by the Magistrate of the Senate or Consull but the bils or suggestions whence
Kings house anno 25. Ed. 3. statute 5. ca. 21. Stillyard Guilda Theutonicorum anno 22. H. 8. ca. 8. anno 32. eiusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almaine anno pri Ed. 6. cap. 13. Are wont to haue their aboade see Geld. It is so called of a broad place or courte wherein steele was much sould vpon the which that house is now founded Nathan Chitraens See Hawnse Stone of woll Petra lanae see weights See Sarpler It ought to weigh fourteene pounds yet in some places by custome it is more See Cromptons Iustice of peace fol. 83. b. Straife alias Stray See Estrae Straites anno 18. H. 6. ca. 16. Streme workes is a kinde of worke in the Stannaries for saith M. Camden titulo Cornwall pag. 119. Horum Stannariorum siue metallicorum operum duo sunt genera Alterum Lode-works alterum streme-works vocant Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur fluuiorum alueos subinde deflectunt illud in locis aeditioribus cùm in montibus puteos quos Shafts vocant in magnam altitudinem defodiunt cuniculos agunt These you may read mentioned anno 27. H. 8. ca. 23. Stirks Strip See Estreapement Stuard alias steward senescallus seemeth to be compounded of Steede and ward and is a word of many applications yet alway signifieth an officer of cheife accoumpte within the place of his sway The greatest of these is the Lord high Steward of England whose power if those antiquities be true which I haue read is next to the kings and of that heighth that it might in some sort match the Ephori amongst the Lacedemonians The custome of our commonwealth hath vppon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but onely for the dispatch of some especiall businesse at the arraignment of some Noble man in the case of treason or such like which once ended his commission expireth Of the high Steward of Englands Court you may reade Cromptons Iurisdiction fol. 82. I haue reade in an auncient manuscript of what credit I know not that this officer was of so great power in auncient times that if any one had sought iustice in the Kings court and not found it he might vpon complaint thereof made vnto him take those petitions and reseruing them to the next Parlament cause them there to bee propounded and not onely so but also in the presence of the King openly to rebuke the Chaunceler or any other Iudge or officer whom he found defectiue in yeelding iustice And if in case the Iudge or officer so reprehended did alledge that his defect grew from the difficultie of the case insomuch as he durst not aduenture vpon it then the case being shewed and so found the Lord steward together with the Constable of England there in the presence of the King and Parlament might elect 25. persons or more or fewer according to their discretion and the case or cases in question some Earles some Barons some Knights some Citizens and Burgesses which vpon deliberation should set downe what they thought iust and equal and their decree being read and allowed by Parlament did stand as a law for euer fardermore if the Chaunceler or other Iudge or officer could not well approue that the delay of iustice complained of grew from iust difficultie by reason that the case in question was formerly determined by lawe or statute then might the steward on the Kings behalfe admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parlament was wont to remoue him and assigne another of better hope to the place Lastly if the king had about him any such euill Counceller as aduised him to things vniust or vnanswerable to his Maiestie as tending either to the disherifon of the Crowne publike hurt or destruction of the subiect The office of the Steward was taking to him the Constable and other great men with some of the Commons and giuing notice to the King of their intention to send to that Counseler and will him to desist from misleading the king yea if need so required to charge him to stay no longer about him but to depart from the Court which if he neglected to performe then they might send to the King and will him to remoue him and if the king refused then they might take him as a publike enemie to the King and Realme seise on his goods and possessions and commit his body to safe custody vntill the next Parlament there to be Iudged by the whole kingdome examples are brought of Godwin Earle of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earle of the same County in the reigne of Henry the third and of Peter Gaueston in Edward the seconds daies But experience as I said hath found this officer more daungerous then profitable and therefore hath time taught though not wholly to suppresse him yet to limite him to particular occasion and to restraine his power Then is there the Steward of the Kings most honourable houshould anno 24. H. 8. cap. 13. whose name is changed to the name of great Master anno 32. eiusdem cap. 39 But this statute was repealed by anno prim Mar. 2. Parlam cap. 4 and the office of the Lord Steward of the Kings houshold reuiued where you may at large reade diuers things touching his office As also in Fitzh nat br fol. 241. B. Of this Officers auncient power reade Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33. H. 8. cap. 12. To be short this word is of so great diuersitie that there is not a corporation of any accompt or house of any honour almost through the realme but it hath an officer toward it of this name A steward of a maner or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienare It signifieth in our Language generally a man borne out of the land or vnknowne but in the lawe it hath an especiall signification for him that is not priuie or a party to an act as a Straunger to a iudgement oldna br fol. 128. is he to whome a iudgement doth not belong And in this signification it is directly contrarie to partie or priuie See Priuie Submarshall submarescallus is an officer in the Marshal sea that is deputie to the chiefe Marshall of the Kings house commonly called the Knight Marshall and hath the custody of the prisoners there Cromptons Iurisdict fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chauncerie vpon such case onely as the common lawe faileth in and hath not prouided
for so as the partie who in equitie hath wrong can haue none ordinary remedie by the rules and course of the common lawe West part 2. symbol titulo Proceedings in Chauncerie sect 18. where you may reade many examples of such cases as sub poena lyeth in There is also a sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chauncerie as in orher courts And the name of both these proceede from words in the writ which charge the partie called to appeare at the day and place assigned sub poena centum librarum c. I find mention of a common sub poena in Cromptons Iurisdict fol. 33. which signifieth nothing else but such a sub poena as euery common person is called by into the Chauncerie whereas any Lord of Parlament is called by the Lord Chauncelers leters giuing him notice of the suit intended against him and requiring him to appeare Crompton eodem Subsidie subsidium commeth of the French subside signifying a taxe or tribute assessed by Parlament and graunted by the commons to be leuied of euery subiect according to the value of his lands or goods after the rate of 4. shillings in the pound for land and 2. shillings 8. pence for goods as it is most commonly vsed at this day Some hold opinion that this subsidie is graunted by the subiect to the Prince in recompence or consideration that whereas the Prince of his absolute power might make lawes of himselfe he doth of fauour admit the consent of his subiects therein that all things in their owne confession may be done with the greater indifferencie The maner of assessing euery mans lands or goods is this first there issueth a Commission out of the Chauncerie to some men of honour or worship in euery Countie by vertue thereof to call vnto them the head Constables or Bayliffes of euery Hundred and by them the Constable and three or foure of the substantiallest housholders in euery towne within their hundred at a day certaine which men so called or so many of them as the Commissioners thinke good to vse do rate the inhabitants of their owne towne in such reasonable maner as they find meete yet by the discretion of the said Commissioners And then euery man after his value set downe must at his time pay to the Collectour appointed after the rate aforesaid Yet in auncient time these subsidies seeme to haue beene graunted both for other causes as in respect of the Kings great trauell and expences in warres or his great fauours toward his subiects as also in other maner then now they be as euery ninth Lambe euery ninth fleece and euery ninth sheafe anno 14. Ed. 3. stat prins cap. 20. And of these you may see great varietie in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certaine rate but euen as the two houses shall thinke good to conclude Subsidie is in the statute of the land fometime confounded with custome anno 11. H. 4. cap. 7. See Beneuolence Suretie of peace securitas pacis is an acknowledging of a bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha li. 2. cap. 2. pag. 77. This peace may a Iustice of peace commaund either as a Minister when he is willed so to doe by a higher authoritie or as a Iudge when he doth it of his owne power deriued from his commission Of both these see Lamberd Eirenarcha lib. 2. ca. 2. pag. 77. see Peace see Supplicauit Suffragan Suffraganeus is a titular Bishop ordeined and assisted to aide the Bishop of the Dioces in his spirituall function c. Suffraganeus Extra de electione For the Etimology Suffraganes dicuntur quia eorum suffragiis causae ecclesiasticae iudicantur Ioach. Stephanus de Iurisd li. 4. ca. 16. nu 14. It was inacted anno 26. H. 8. ca. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Dioces and to present them to the King that he might giue the one of them such title stile name and dignity of sease in the saide statut specified as he should think conuenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our common law a following of another but in diuers senses the first is a suite in lawe and is diuided into suite reall and personall Kitchin fol. 74. which is all one with action reall and personal Then is there suite of Court or suite seruice that is an attendance which a tenent oweth at the court of his Lord. Fitzh nat br in Indice verbo Suite suyte seruice and suyte reall anno 7. H. 7. cap. 2. The newe expositour of lawe Termes maketh mention of foure sorts of suites in this signification Suite couenant suite custom suite reall and suite seruice Suite couenant he defineth to be when your auncester hath couenanted with mine auncester to siew to the court of mine auncesters Suite custome when I and mine auncesters haue beene seised of your owne and your auncesters suite time out of minde c. Suite reall when men come to the Shyreeues Turne or Leete to which court all men are coÌpelled to come to knowe the lawes so that they may not be ignorant of things declared there how they ought to be gouerned And it is called reall because of their allegance And this appeareth by common exeperience when one is sworne his oath is that he shall be a loyall and faithfull man to the King And this suite is not for the land that he holdeth within the Countie but by reason of his person and his aboade there and ought to be done twice a yeare for default whereof he shall be amerced and not distreined I thinke this should be called rather regall or royall because it is performed to the King for royall The French word in the vsuall pronuntiation commeth neere to reall the leter o being almost suppressed see Leete Suyte seruice is to siew to the Shyreeues Turn or Leete or to the Lords court from three weekes to three weekes by the whole yeare And for default thereof a man shall be distreined and not amercied And this suite seruice is by reason of the tenure of a mans land Then doth suite signifie the following of one in chace as fresh suite West 1. c. 46. a. 3. Ed. 1. Lastly it signifieth a petition made to the prince or great personage Suyte of the Kings peace secta pacis Regis anno 6. R. 2. stat 2. ca. pri anno 21. eiusdem cap. 15. anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace by treasons insurrectioÌs rebellioÌs or trespasses Summoneas is a writ Iudiciall of great diuersitie according to the diuers cases wherein it is vsed which see in the table of the Register Iudiciall Summoner summonitor
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth MagistruÌ militiae TeÌpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
of the same country to say the truth vpon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall goe a habeas corpora and after a distresse vntill they come old nat br fol. 157. See how diuersly this writ is vsed in the table of the Register Iudiciall There is also a writ of this name that is originall as appeareth in the Register orig fol. 200. b. which M. Lamberd in his processes annexed to his Eirenarcha saith to be the common proces vpon any presentment not being felony nor especially appointed for the fault presented by statute Whereof he setteth downe an example in the same place See also the new booke of Entries verbo Enquest fol. 253. columna 1. 2. 3. Venire facias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or neare place As for example twelue of the Assise ought to be of the same Venew where the Demaund is made old nat br fol. 115. and in the statute anno 4. H. 4. ca. 26. anno 25. H. 8. ca. 6. I finde these words And also shall returne in euery such panell vpon the venire facias sixe sufficient Hundreders at the least if there be so many within the Hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that faith shee is with childe and thereby withhouldeth land from him that is the next heire at the common law Register originall fol. 227. a. Verdour viridarius commeth of the French verdior i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his forest lawes pag. 332. defineth him a Iudiciall officer of the Kings forest chosen by the King in the full county of the same shire within the forest where he doth dwell and is sworne to maintaine and keepe the Assises of the forest and also to view receiue and inrolle the Attachments and presentments of all maner of trespasses of the forest of vert and venison And the same authour vpon the first artitle of Canutus charter in the beginning of the same part saith that these in the Saxons times were called Pagened being foure in number and they chiefe men of the forest as then they were Their fee was in Canutus time each of them euery yeare of the Kings allowance two horses one of them with a saddle another of them without a saddle one sword fiue Iauelins one speare one shield and ten pounds in money These foure as appeareth by the said charter nu 11. had regalem potestatem and might proceede to a threefold iudgement And if any man offered them or any of them violence if he were a free man he should loose his freedome and all that he had if a villein he should loose his right hand All the officers of the forest were to be corrected and punished by them ibidem nu 10. The verdour is made by the Kings writ Cromptons Iurisd fol 165. the forme of which writ you haue in Fitzh nat br fol. 164. which is directed to the Shyreeue for the choice of him in a full County by the assent of the said County Yet if a verdour bee sodainely sicke or dead at the time of the Iustice seate a new may be chosen without a writ Manwood parie prim pag. 72. the office is as Crompton saith loco allegato properly to looke to the vert and to see that it be wel maintained Also when any forfeiture is taken in the Forest before the Foristers or other ministers the price thereof shall be deliuered to the verdour who is to answer for it before the Iustices in Eyre And if he die his heire is chargeable therewith Crompton ibidem The forme of his oath at his admittance you may see in Manwoods first part of his Forest lawes pag. 51. who there calleth him verderour aliâs verdictor You shall truly serue our Soueraigne Lord the King in the office of a verderor of the Forest W. you shall to the vttermost of your power and knowledge do for the profit of the King so farre as it doth apperteine vnto you to do You shall preserue and maintaine the auncient rights and franchises of his Crowne you shall not conceale from his Maiestie any rights or priuiledges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shal endeuour your selfe to manifest and redresse the same and if you cannot doe that of your selfe you shall giue knowledge thereof vnto the King or vnto his Iustice of the Forest You shall deale indifferently with all the Kings liege people you shall execute the lawes of the Forest and do equall right and iustice as well vnto the poore as vnto the rich in that appertaineth vnto your office you shall not oppresse any person by colour thereof for any reward fauour or malice All these things you shall to the vttermost of your power obserue and keepe Their office is farder expressed eodem pag. 93. which is to sit in the court of attachment to see the attachments of the Forest to receiue the same of the Foresters and Woodwards that do present them and then to enter these Attachments into their rolles Verdict veredictum is the answer of a Iurie or Enquest made vpon any cause ciuill or criminall committed by the court to their consideration or triall And this verdict is two-fold either generall or especiall Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is giuen or brought into the Court in like generall termes to the generall issue as in an action of disseisin the Desendant pleadeth No wrong no disseisin Then the issue is this in generall whether the fact in question be a wrong or not And this committed to the Iurie they vpon consideration of their euidence come in and say either for the plaintiffe that it is a wrong and disseisin or for the Defendant that it is no wrong no disseisin And againe the prisoner at the barre pleading Not guiltie the Enquest in like generall termes bring in their verdict either for the King Cuilty or for the prisoner Not guilty A speciall verdict is that whereby they say at large that such a thing and such they find to be done by the Defendant or Tenent so declaring the course of the fact as in their opinions it is proued and for the qualitie of the fact they pray the discretion of the Court. And this speciall verdict if it containe any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof reade diuers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Litleton fol. 78. 79. See the new booke of Entries verb. Verdict Verge virgata may seeme to come from the French verger i. viridarium hortus It is vsed here in England for the compasse
vnderchamberlaine anno 13. R. 2. stat 2. cap. 1. is a great officer in court next vnder the Lord Chamberlaine and in his absence hath the command and controlmeÌt of all officers superior inferior whatsoeuer appertaining to that part of his maiesties houshold which is called the chamber wherein is included as well the bedde chamber as the priuy chamber the presence and the great Chamber and all other roomes as galeries c. thereto belonging with the Councell chamber priuic closet c. And in the Lord Chamberlaines absence he keepeth his table in the great chamber commanding and overseeing the attendance of all to whome it appertaineth to be ready and waiting on his maiestie going to the chapell or to speake with ambassadours or els walking or riding forth Vicount aliâs Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with vs as much as Shyreeue Betweene which two words I finde no other difference but that the one commeth from our Conquerours the Normans and the other from our Auncesters the Saxons wherefore see more of this in Shyreeue Vicount also signifieth a degree of nobility next vnto an Earle which as M. Cam. Brita p. 107. saith is an old name of office but a newe one of dignitie neuer heard of amongst vs vntill Henry the sixth his daies But this degree of honour is more auncient farre in other countries Cassan in gloria mundi parte 5. consid 55. whome you may reade Vicountie is an adiectiue made of vicountiè and signifieth as much as beloÌging to the vicount as writs vicountiel are such writs as are triable in the countie or Shyreeues court old nat br fol. 109. Of this kinde you may see diuers writs of Nusance set downe by Fitzh in his nat br fol. 184. b. There be also certaine fermes called Vicountiels which the Shyreeue for his time payeth a certaine rent for to the King and maketh what profit he can of them See the statutes anno 33. 34. H. 8. ca. 16. anno 2. 3. Ed. 6. ca. 4. and anno 4. H. quint. capite secund Vilaica removenda is a writ that lyeth for the remooving of forcible possession of a benefice kept by lay men And this writ is graunted some time vpon the Certificate of the Bishop into the Chauncerie that there is such a force in his Dioces some time vpon a surmise made there of by the Incumbent himselfe without the certificat of the Bishop and hath a seuerall forme for either case Fitzh nat br fol. 54. Register orig fol. 59. 60. Villanis Regis subtractis reducendis is a writ that heth for the bringing back of the kings bondmen that haue beene caried away by others out of his maners wherevnto they belonged Register origin fol. 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our common lawe a bondman or as much as Servus among the Ciuilians Of these there be two sorts in England as Sir Tho. Smith saith in his repub Anglo li. 3. cap. 8. one termed a Villein in grosse which is immediately bound to the persons of his Lord and his heires the other a villein regardant to a maner whome the Ciuilians terme Glebae ascriptitium being bound to their Lord as members belonging and annexed to such a maner whereof the Lord is owner This diuision is affirmed by diuers places of our common lawe writers as in the old nat br fol. 8. You haue these words Know ye that a woman shall be indowed with a villein in grosse c. and againe fol. 39. If a man doe menace or threaten any villeins which are regardant to a maner c. Bracton hath another diuision of villeins which is all one with the Ciuilians For in his first booke cap. 6. nu 4. he saith thus Serui autem nascuntur aut fiunt and then thus goeth forward Nascuntur ex nativo natiua alicuius copulatis vel solutis sive sub potestate Domini constituti sint sive extra potestatem Item nascitur seruus qui ex natiua soluta generatur quamvis ex patre libero quia sequitur conditionem matris quasi vulgò conceptus c. And after diuers things deliuered of this sort he saith againe thus Fiunt etiam servi liberi homines captivitate de iure Gentium c. Fit etiam servus liber homo pro confessioneÌ in Curia Regis factam vt cum liber homo sit in Curia Regis se cognoscat ad villanum Item liber homo fit servus si cum semel manumissus fuerit ob ingratitudinem in seruitutem reuocetur Item fit liber homo seruus cùm ab initio clericus vel monachus factus fuerit postea ad secularem vitam redierit Quia talis restitus debet Domino suo v. Tiraquellum de Nobilitate cap. 2. pag. 14. num 54. In very many provinces of Fraunce there be certaine men called homines manus mortuae qui tanta iuris similitudine adscriptiis colonis coniuncti prope iidem videntur Non autem serui sunt omnino sed in territorio domini sunt tanquam alligati non habentes demigrandi potestatem Itaque serui corporis prosecutionis vulgò dicuntur quòd si fugerint potest eos profequi dominus capere Tributum antem isti nonnullas commoditates domino praestant in quibus haec maxima quod ipsis vita functis sine sobole succedit dominus vel ex toto vel ex parte Connanus li. 2. cap. 10. num 3. whose words I thought not vnfit for this place because they expresse the nature of our villenage somthing aptly Villein fleeces anno 31. Ed. 3. cap. 8. are fleeces of wolle that are shorne from scabbed sheepe Vidimus anno 15. H. 6. ca. 3. Villenage Villenagium commeth of villein and signifieth a seruile kinde of tenure belonging to lands or tenements that is a tenure of lands or tenements by such a seruice as villeins are fittest to performe For euery one that houldeth in villenage is not a villein or a bond man Villenagium vel seruitium nihil detrabit libertatis habit a tamen distinctione vtrum tales sint villani tenuerint in villano soccagio de dominico Domini Regis Bracton lib. pri ca. 6. nu pri Britton in his 66. chapter speaketh to this effect Villenage is a tenure of the demesns of a Lord deliuered to a Tenent at the Lords will by villenous seruices to improoue it to the Lords vse and deliuered by the rodde and not by any title of writing or succession of inheritance c. And a litle after he hath words to this effect In the maners of our auncient Demesns there be pure villeins both by blood and tenure the which may be cast out of their tenement and depriued of their chatels at the pleasure of the Lord. By which two places I gather though villein tenure doe not alway make the Tenent a
columna 1. whereupon because the foreyner neede not be tryed in that Court the record and cause is remooued to the common plees c. See of this Fitz. nat br fol. 6. E. Vser de action is the persiewing or bringing of an action which in what place and countie it ought to be See Brooke titulo Lieu Countie fol. 64. Vse vsus is in the originall signification plaine enough but it hath a proper application in our common lawe and that is the profit or benefit of lands or tenements And out of M. Wests first parte of his simbol lib. pri sect 48. 49. 50. 51. and 52. I gather shortly thus much for this purpose Euery deede in writing hath to be considered the substance and the adiuncts Touching the substance a deede doth consist of two principall parts namely the premisses and the consequents The premisses is the former parte thereof and is commonly saide to be all that which preceedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which foloweth the premisses that is the Habendum In which are two limitations the one of the estate or propertie that the party passiue shall receiue by the deede the other of the vse which is to expresse in the said Habendum to or for what vse and benefite he shall haue the same estate And of the limitation of those vses you may read many presidents set downe by the same author in his second booke of his saide first part sectio 308. and so forth to 327. These vses were inuented vpon the statute called West 3. or Quia emptores terrarum before the which statute no vses were knowne Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the vse in another there was a statute made anno 27. H. 8. ca. 1. wherby it was inacted that the vse and possesssion of lands and possessions should alway stand vnited New expositour of lawe termes verbo Vse v. Coke lib. 1. Chudleise case fol. 121. seqq Vsher Ostiarius commeth of the French Huissier i. Accensus apparitor Ianitor It signifieth with vs first an officer in the Eschequer of which sort there be foure ordinarie vshers that attend the cheife officers and Barons of the court at Westminster and Iuries Shyreeues and all other accoumptants at the pleasure of the court Therbe also Vshers in the Kings house as of the priuy chaÌber c. Vtas Octavae is the eight day following any terme or feast as the vtas of Sainct Michaell the vtas of Sainct Hilary the vtas of Sainct Martine of Sainct Iohn Baptist of the Trinitie c. as you may reade anno 51. H. 3. stat concerning generall daies in the Benche And any day betweene the feast and the eighth day is saide to be within the vtas The vse of this is in the returne of writs as appeareth by the same statute Vtfangthef is an auncient Royaltie graunted to a Lord of a maner by the King which giueth him the punishment of a theefe dwelling out of his liberty and hauing committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third booke tract 2 ca. 35. seemeth rather to interpret the word then to expresse the effect and saith thus Vtfangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra insius qui tales habet libertates It seemeth to be compounded of these three words Vt fang thef which in our moderne English be oute take or taken Theefe Of this Fleta hath these words vtfangenthef dicitur latro extraneus veniens a liunde de terra aliena qui captus fuerie in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suam captum reducere vsque in libertatem ibi eum iudicare reducere tamen poterit indicatum iudicium in proprio patibulo exequiratione libertatis commodum tamen non video Debet enim quilibet iuri subiacere vbi deliquit proprios tamen latrones alienos iudicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta li. 1. cap. 47. See Vtlawrie Vtlagato capiendo quando vtlagatur in vno comitatu postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set downe for the name thereof See the Register originall fo 133. Vtlawrie vtlagaria aliâs vtlagatio is a punishment for such as being called into lawe and lawfully sought doe comteÌptuously refuse to appeare And as Bracton saith li. 3. tract 2. ca. 11. He that is siewed must be sought and called at 5. counties a moneth being betweene euery countie to answer to the lawe And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi ex tunc vtlagabitur that is as the author of the termes of lawe saith he shal be pronounced by the coroner to be out of the Kings protection and depriued of the benefit of the lawe The effect of this is diuers as the same Author saith for if he be outlawed in an action personall he meaneth at the suite of another in a ciuile cause he shall forfeit all his goods and cattells to the King if vpon felonie then he shall forfeit all his lands and tenements that he hath in fee simple or for terme of his life and his goods and cattles Bracton vbi supra nu 5. saith that such as be out-lawed vpon felonie ex tunc gerunt caput lupinum ita quod sine iudiciali inquisitiene ritè pereant secum suum iudicium portent meritò sine lege pereunt qui secundum legem viuere recusarunt Et haec ita si cum capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum mors erit in manu Domini Regis See Horns mirrour of Iustices lib. 3. cap. des fautes punishables Bracton saith in the place aboue specified with whome also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be outlawed But take his owne words Minor verò qui infra aetatem 12. annorum fuerit vtlagarinon potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlaugh Anglicè sc in fraÌco plegio sive decenna sicut masculus 12. annorum vlteriùs Et ideo non potest vtlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit siue ceperit Est enim waiuium quod nullus aduocat nec
princeps eum advocabit nec tuebitur cum fuerit rite Waiviata sicut fit de masculo qui secundum legem terrae ritè fuerit vtlagatus c. To the same effect writeth Fitz h. in his na br fo 161. viz And because women be not sworne in leetes to the King as men be of the age of 12 yeares or vpward it is said when a woman is outlawed that shee is waiued but not out-lawed for shee was neuer vnder the law nor sworne vnto it More of this you may reade in Bracton lib. 3. tracta 2. cap 12. 13. and then in the 14. how an outlaw is inlawed againe and restored to the Kings peace and protection See also Fleta lib. 1. cap. 28. per totum Virum See Assise Viter Baristers be such as for their longe study and great industry bestowed vpon the knowledge of the common lawe be called out of their contemplation to practise and in the face of the world to take vpon them the protection and defence of clients These are in other countries called Licentiati in iure How be it in modestie they still continue themselues hearers for diuers yeares like the scholers of Pythagoras that for the first fiue yeres neuer aduentured to reason or discourse openly vpon any point of their masters Doctrine which their silence a cohibendo sermone was termed ãâã ãâã ãâã ãâã ãâã as Suidas and Zenedorus doe report Vtlepe significat escapium latronum Fleta lib. 1. ca. 47. W VVAge vadiare proceedeth of the French Gager i. dare pignus pignore certare and signifieth in our common lawe the giuing of securitie for the performing of any thing as to wage lawe to wage deliuerance which see before in Gage None wageth lawe against the King Brooke tit Chose in action num 9. The substantiue of this verb is Wager in the latine vadium which some Feudists call wadium as testifieth Hotoman in his Commentaries de verbis feudalibus verbo Wadium See Lawe Wainage Wainagium aliâs Wannagium signifieth as much as peculium servorum of the Saxon word wouen i. habitare woeuing i. habitatio See Gainage Waiue waiuiare Register orig fol. 277. a is to forsake habere pro derelicto as the Ciuilians terme it Waiviare feudum suum Bracton lib. 2. cap. 7. that is to forsake Many of the Kings liege people to be outlawed and many waiued by erroneous proces anno 7. H. 4. ca. 13. See Vtlawrie To waiue the company of theeues Stawnf pl. cor fol. 26. To waiue his benesit Idem fol. 46. to waiue the aduantage Idem praerog fol. 17. Persons attainted or waiued West parte 2. simbol titulo Fines sect 13. D. This word waiued waiuiata properly belongeth to a woman that being siewed in law contemptuously refuseth to appeare as outlawed doth to a man Registerorig fo 132. b. 277. a. The reason whereof see in Fitzh nat br fol. 161. A. See Weif Wales Wallia is a part of England on the west side inhabited by the ofspring of the auncient Britons chased thither by the Saxons being called hether by them to assist them against the might of the Picts The reason of the appellation commeth from the Saxon wealh 1. exterus vel peregrinus for so the Saxons both called them and held them though now to the great quiet of this kingdome they be incorporated vnto vs See M. Lamb explication of Saxon words verbo Wallus Walkers seeme to be those that are otherwise called Foresters Crompton in his Iurisdictions fol. 154. hath these words in effect There be Foresters assigned by the King which be walkers within a certeine space assigned them to looke vnto Waiuiaria mulieris is as much as vtlagatio viri Register originall fol. 132. b. See Waiue Wapentake Wapentakium is all one with that which we call a Hundred as appeareth by Bracton lib. 3. tract 2. ca. pri nu pri in fine Conuocentur saith he postmodum seruientes Baliui Hundredorum per ordinem irrotulentur Hundredarii siue wapentakia nomina seruientium quorum quilibet affidabit quod de quolibet Hundredo eliget quatuor milites qui statim veniant coram Iusticiariis ad faciendum preceptum Domini Regis qui statim iurabunt quòd eligent duodecim milites vel liberos legales homines si milites non inueniantur c. M. Lamberd in his explication of Saxon words verbo Centuria is of the same minde and farder saith that this word is especially vsed at this day in the countries be north the riuer Trent And in the lawes of King Edward set forth by him nu 33. it is most plaine in these words Et quod Angli vocant Hundredum supradicti comitatus vocant wapentakium But there he nameth some shires of this side Trent as Warwick shire Leicester shire and Northhampton-shire In the words there folowing there is a reason giuen of this appellation in these words Et non sine causa Cum quis enim accipiebat praefecturam wapentakii die statuto in loco vbi consueuerant congregari omnes maiores contra eum conueniebant descendente de equo suo omnes assurgebant ei Ipse verò erecta lancea sua ab omnibus secundum morem foedus accipiebat Omnes enim quotquot vtnissent cum lanceis suis ipsius hastam tangebant ita confirmabant per contractum armorum pace palam concessa Anglicè enim arma vocantur waepun taccare confirmare quasi armorum confirmatio Vel vt magis expressè secundum linguam anglicanam dicamus waepentak armorum tactus est waepun enim arma sonant tac tactus est Quamobrèm poterit cognosci quòd hac de causa totus ille conuentus dicitur wapentae eò quòd per tactum armorum suorum ad inuicem confoederati sunt Thus farre the booke goeth word for word With whom Fleta agreeth sauing that Fleta saith that this word is vsed in all counties be north Watlinstreete li. 2. ca. 61. § vniuersimode Take Sir Tho Smithes opinion also whose words in his second booke de Rep Anglo ca 16. be these Wapentak I suppose came of the Danes or peraduenture of the Saxons For that so many townes came by there order then into one place where was taken a mouster of there armour and weapons in which place from them that could not finde sufficient pledges for their good abearing their weapons were taken away The statute anno 3. Henrici 5. ca. 2. anno 9. H. 6. cap. 10. anno 15. H. 6. ca. 7. T. maketh mention of Stainctife Wapentake and Frendles Wapentake in Crauen in the County of Yorke See Roger Houeden parte poster suorum annalium fo 346. b. Wards and Liueries wardi liberaturae is a Court first erected in King Henry the eighth his time and afterward augmented by him with the office of Liueries and therefore called by him as now it is the Court of wards and Liueries The chiefe of this Court is called
from A. to C. Warranty collaterall is that wherevnto he is called by the tenent vpon the couenant of him from whome the land could not descend to the party called For example B. the sonne pourchaseth tenements in fee whereof A. his father disseiseth him and selleth them to C. with a clause of warranty A being deade C. is impleaded for the tenements and calleth B. to warranty This warranty wherevnto B. is caled is collaterall by cause the tenements if the warrnty had not beene couenanted by A. could not haue descended from him to his father A. for they were his owne by Pourchase Many other exaÌples there be of this in Litleton And this very case he maketh his example of warranty by disseisin as also of warranty collaterall which plainly argueth that warranty by disseisin and warranty collaterall are not distinct members of warranty but may be confounded though one warranty may cary both names in diuers respects For there is some warranty collaterall that beginneth not by disseisin For example A. tenent in taile alienateth to B. in fee and dieth leauing issue C. Afterward D. brother to A. and vncle to C. releaseth to B. with warranty and dying leaueth C. his heire being next of blood vnto him This warranty is collaterall because it descendeth vpon C. from his vncle D. and yet it beginneth not by desseisin of his said vncle Warranty hath a double effect one to debarre him vpoÌ whome it discendeth 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 els to giue him as much other land by exchange But as the former of these effects taketh place with all heires except those to whome the land warranted was intailed and that reape no equiualent benefit by the first warranter anno 6. Ed. pri ca. 3. soe the latter preiudiceth none that receiueth not sufficient land from the first warranter to make it good Bracton lib. 5. tractat 4. ca. 8. nu pri cap. 13. nu 2. In the custumaric of Norm ca. 5. you haue vouchement degarant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the wartanter into the court to make good his sale or gift Warantiadiei is a writ lying in case where a man hauing a day assigned personally to appeare in court to any action wherein he is siewed is in the meane time by commaundement imployed in the Kings seruice so that he cannot come at the day assigned This writ is directed to the Iustices to this end that they neither take nor record him in defaulte for that day Register originall fol. 18. Of this you may read more in Fitzh nat br fol. 17. and see Glanuile lib. pri ca. 8. Warantia chartae is a writ that lieth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or writ of Entrie wherein he cannot vouche or call to warranty for in this case his remedy is to take out this writ against the seoffour or his heire Register orig fol. 157. Fitzh nat br fol. 134 Of this you may likewise reade Fleta lib. 6. ca. 35. and West parte 2. simb titulo Fines sect 156. Warrantia custodia is a writ Iudiciall that lyeth for him that is challenged to be ward vnto another in respect of land said to be houlden in Knights seruice which when it was bought by the auncesters of the ward was warranted to be free from such thraldome And it lieth against the warranter and his heires Register Iudiciall fol. 36. Warrant of Atturney See Leter of Atturney and Waranty Wardwite significat quietantiam misericordia in casu quo non invenerit quis hominem ad wardam faciendam in castra vel alibi Flet a lib. 1. cap. 47. Warren Warrenna aliâs varrenna commeth of the French Garrenne 1. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum diântaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attica cap. 20. A warren as we vse it is a prescription or graunte from the king to a man of hauing fesants partridges connies and hares within certaine of his lands Cromptons Iurisdict fol. 148. where he saith that none can haue warren but onely the King no more then Forest or chase Because it is a speciall priuiledge belonging to the King alone And a little after he hath words to this effect The king may graunt warren to me in mine owne lands for fesants and partridges onely And by this graunt no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the ãâã of the ãâã as to eate corne and pille the barke of apple trees M. Manwood in his first part of Forest lawes saith thus of it A warren is a fraunchise or priuiledged place of pleasure onely for those beasts and foules that are beasts and foules of warren tantùm campestres non syluestres viz. For such beasts and foules as are altogether belonging to the feilds and not vnto the woods and for none other beasts or foules There are but two beasts of warren that is to say Hares and Connies and there are also but two foules of warren viz. Fesants and partridges And none other wild beasts or birds haue any firme peace priuiledge or protection within the warren If any person be found to be an offender in any such free warren he is to be punished for the same by the course of the common law and by the statute auno 21. Ed. 3. called the statute de male factoribus in parcis chaceis c. For the most parte there are not officers in a warren but the master of the game or the keeper A free warren is some time in closed and also the same some time doth lie open for there is no necessity of inclosing the same as there is of a park for if a park be suffered to lie open it ought to be seised into the kings ãâ¦ã Manwood Warscot is the contribution that was wont to be made towards armour in the Saxons time In Canutus his charter of the Forest set out by M. Manwood in the first part of his Forest lawes num 9. you haue these wordes Sint omnes tam primarii quà m mediocres minuti immunes liberi quietiab omnibus prouincialibus summonitionibus popularibus placitis quae Hundred laghe Angli dicunt ab omnibus armorum oncribus quod Warscot Angli dicunt forinsecis querelis VVarwit aliâs VVardwit is to be quite of giuing money for keeping of watches New exposition of lawe termes VVaste vastum commeth of the French gaster i. populari It signifieth diuersly in our common lawe first a spoile made either in houses woods gardens orchards c. by the tenent for terme of life or for terme of anothers life
may read more in the writ De dote assignanda Fitzh nat br fo 263. C. See also the statute anno 32. H. 8. cap. 46. Windelesor a Herald See Herald Withernam vetitum Namium Master Lamberd thinketh to be compounded of wither i. altera siue secundae Nam i. pignoris captio marueiling much why it should so farre be depraued in the interpretation as to be translated vetitum Namium Reade him in the explication of Saxon wordes verbo Pignorari The concord of the thing signified with the meaning of the Latine words maketh some to thinke that it is compounded of wehren i. veto and nyman or nemmen i. capio For withernam in our common lawe is the taking or driuing a distresse to a hould or out of the countie so that the Shyreeue cannot vpon the repleuin make deliuerance therof to the partie distreined In which case the writ of Withernam or de vetito Namio is directed to the Shyreeue for the taking of as many of his beasts that did thus vnlawfully distrein or as much goods of his into his keeping till that he hath made deliuerance of the first distresse Also if the beastes be in a fortlet or castell the Shyreeue may take with him the power of the countie and beat downe the castell as it appeareth by the Statute Westm pri cap. 20. Britton cap. 27. But M. Lamberds interpretation seemeth more consonant to the writ the forme whereof is thus in part Fitz. nat br fol. 73. Tibi praecipimus quòd averia praedicti B. in Balliva tua capias in withernam c. and the Register orig fol. 82. 83. 79. a. 80. a. and in the Register Iudic. fol. 29 a. 30. a. Whereby it appeareth that the Shyreeue by these words is willed to take in compensation of the former taking so many cattell c. But yet this may qualifie M. Lamberds maruelling because they that translated this word into such Latine seeme to haue bene deceiued by the propinquitie of the word wehren both to the word withernam and also to the meaning This error if it be an error hath a probable likelihood of descent from the Normans as appeareth by the grand Custumarie cap. 4. where you haue wordes to this effect Deficientes sc Baliuos facere iusticiari ca de quibus iudicium vel recordatio habet fieri in curia debet sc Iusticiarius retrahere vel recitare Treugam dari debet facere quod est assecuratio pacis observandae Nampta iniuste capta per ius facere liberari c. Here you may see nampta referred to the first taking or distresse which is vnlawfull Sir Thomas Smith in his Repub. Anglor agreeth with M. Lamberd in these words This withernam he meaning Litleton with whom Bracton also agreeth lib. 2. cap. 5. lib. 3. tract 2. cap. 36. interpreteth vetitum Namium in what language I know not Whereas in truth it is in plaine Dutch and in our old Saxon language wither nempt i. alterum accipere alterum rapere a word that signifieth all one with that barbarous Latine word Repraesalia when one taking of me a distresse which in Latine is called pignus or any other thing and carying it away out of the Iurisdiction where I dwell I take by order of him that hath iurisdiction another of him againe or of some other of that Iurisdiction and do bring it into the iurisdiction wherein I dwell that by equall wrong I may come to haue equall right c. Namatio animalium in Scotland is vsed for the pounding of cattell Skene de verbor signif verbo Averia whom also reade verbo Namare Withernam in Bracton lib. 3. tract 2. cap. 37. and also in Westm 2. ca. 2. seemeth to signifie an vnlawfull distresse made by him that hath no right to distreine an 13. Ed. prim cap. 2. See the newe booke of Entries verbo Withernam Woad glastum is an herbe brought from the parts of Tolouse in France from Spayno much vsed and very necessary in the dying of wollen cloth an 7. H. 8. cap. 2. we call it woad of the Italian word guado or the Germane word weidt Woodgeld seemeth to be the gathering or cutting of wood within the Forest or money payed for the same to the vse of the Foresters And the immunitie from this by the Kings graunt is by Crompton called Woodgeld fol. 197. Woodmen seeme to be those in the Forest that haue their charge especially to looke to the Kings woods Manwood parte pri of his Forest lawes pag. 193. and Cromptons Iurisd fol. 146. Woodmote court is the Attachment of the Forest Manwood parte pri of his Forest lawes pag. 95. See Attachment Woodward Woodwardus is an officer of the Forest whose function you may partly gather by his oath set downe in Cromptons Iurisd fol. 201. which M. Manwood hath also in his first part of his Forest lawes pag. 50. to the same effect but something more at large viz. You shall truly execute the office of a woodward of B. woods within the Forest of W. so long as you shal be woodward there you shall not conceale any offence either in Vert or in Venison that shal be committed or done within your charge but you shall truly present the same without any fauour affection or reward And if you doe see or know any malefactors or doe finde any Deere killed or hurt you shall forthwith doe the verderour vnderstand thereof And you shall present the same at the next court of the Forest be it Swainmote or court of Attachments so help you God Woodwards may not walke with bow and shafts but with Forest bills Manwood parte pri of his Forest lawes pag. 189. and more of him pag. 97. Wooldriuer anno 2. 3. Ph. Ma. ca. 13. be those that buy wool abroad in the country of the sheep masters carry it by horse backe to the clothyers or to market townes to sell it againe Woolferthfod Caput lupinum is the condition of those which were outlawed in the Saxons time for not yelding themselues to Iustice For if they could be taken aliue they must haue bene brought to the King and if they in feare of apprehension did defend themselues they might be slaine and their heads brought to the King For they carried a woolues head that is to say their head was noe more to be accoumpted of then a woolues head being a beast so hurtfull vnto man See the lawes of K. Edw set out by M. Lamberd fol. 127. b. nu 7. The very like whereof Bracton also saith lib. 3. tract 2. ca. 11. See vtlarie Roger Houeden writeth it Wuluesheued parte poster suorum annalium fol. 343. b. whom read of this mater because you shall there see what it was in those daies to violate the peace of the church Woolstaple anno 51. H. 3. stat 5. See Staple Wooll winders be such as winde vp euery fleece of wooll that is to be packed
and sould by weight into a kinde of bundle after it is clensed in such maner as it ought to be by statute And to auoide such deceit as the owners were wont to vse by thrusting locks of refuse wooll and such other drosse to gaine weight they are sworne to performe that office truly betweene the owner and the merchant See the statute anno 8. H. 6. cap. 22. anno 23. H. 8. ca. 17. anno 18. Eliza. ca. 25. Would See Weald Wranglands seeme to be misgrowne trees that will neuer prooue timber Kitchin fol. 169. b. Wormseede semen santonicum is medicinal seede browght forth of that plant which in Latine is called Sementina in English holy wormwood whereof you may read in Gerards Herball li. 2. ca. 435. This is a drugge to be garbled anno 1. Iacob cap. 19. Wreck wreccum vel wrectum maris is the losse of a shippe and the goods therein conteined by tempest or other mischaunce at the sea The Ciuilians call it Naufragium This wreck being made the goods that were in the shippe being brought to land by the waues belong to the king by his prerogatiue And therevpon in many bookes of our common lawe the very goods so brought to land are called wreck And wreck is defined to be those goods which are so brought to land Sir Ed. Coke vol. 6. relatio f. 106. a. the statute anno 17. Ed. 2. ca. 11. in these words Item Rex habebit wreccum maris per totum Regnum ballenas sturgiones captas in mari vel alibi infra Regnum exceptis quibusdam locis privilegiatis per Regem Whereby it appeareth that the King hath them or such as haue by graunt this libertie or priuiledge of him And that this statute doth but affirme the auncient lawe of the land it appeareth by Bracton lib. 2. cap. 5. num 7. hiis verbis Suntetiam alia res quae pertinent ad coronaÌ propter privilegium Regis it a communem non recipiunt libertatem quin dari possint ad alium transferi Quia si transferantur translatio nulli erit damnosa nisi ipsi Regi fiue principi Et si huiusmods res alicui concessae fuerint sicut wreccum maris c. The reason of this he toucheth shortly in his first booke cap. 12. num 10. where he reckoneth these goods iure naturali to be in bonis nullius quia non apparet Dominus eorum sed iure Gentium fieri principis And see him also lib. 2. cap. 24. num 1. 2. It is worth the asking to know what is a wreck and what not in this stricter signification And the author of the termes of lawe saith that if any person of the shippe come to land it is not a wreck or the wreck is not such that the king ought to haue the goods with whome agreeth S. Ed. Coke vol. 6. f. 107. a. No if either Dogge or Catte escape aliue to the land the goods are the owners still so he come within a yeare and day to claime them And for this the statute is plaine Westm pri ca. 4. anno 3. Edw. pri which doctrine Fitzh in his nat br fol. 112. ãâã extendeth thus farre that if any of the goods be cast vpon the drie land by any in the shippe it is no wreck subiect to the prerogatiue for by this some of the shippe are presumed to come to land and still to haue a custodie of the goods Cooke vbi supra This in the Grand Custumarie of Normandie cap. 17. is called varech and latined veriseum where it appeareth that the like lawe to ours was in Normandie almost in all points But some sorts of their pretious Merchandise doe by their lawe appertaine to the Duke by his prerogatiue though a iust challenge of the goods be made within the yeare and day The Emperours 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 poore sea mens miseries in this case For he quietum clamavit wreck suis subditis Rog. Hoveden parte poster suorum annal fol. 386. Of this M. Skene de verb. signif speaketh to this effect wreck signifieth a power liberty and prerogatiue appertaining to the King or to any person to whome the same is graunted by him by feofment or any other disposition to take vp and gaine such goods as are ship broken or fall to him by escheate of the sea Writ breue is that with our common lawyers in Sir Tho. Smiths iudgement lib. 2. de Repub Anglorum cap. 9. which the Civilians call Actionem siue formulam But I am rather of his iudgement that hath added the marginall note vnto him saying that Actio is the parties whole suite and that Breue is the kings precept whereby any thing is comaunded to be done touching the suite 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 diuersly diuided in diuers respects Some in respect of their order or maner of graunting are termed originall and some Iudiciall Originall writs be those that are sent out for the summoning of the Defendant in a personall or Tenent in a reall action or other like purpose before the suite beginneth or to begin the suite thereby Those be iudiciall that be sent out by order of the court where the cause dependeth vpon occasion growing after suite begunne old nat br fol. 51. And Iudiciall is thus by one signe knowne from the Originall because the Teste beareth the name of the chiefe Iustice of that Court whence it commeth where the Orig. beareth in the Teste the name of the Prince Then according to the nature of the action they be personall or reall and reall be either touching the possession called writs of Entrie or the property called writs of right Fitzh nat br sparsim per totum Some writs be at the suite of a party some of office old nat br fol. 147. Some ordinary some of priuiledge A writ of priuiledge is that which a priuiledged person bringeth to the court for his exemption by reason of some priuiledge See Pro cedendo See the new booke of Entrise verbo priviledge See Briefe Writ of rebellion See Commission of rebellion Writer of the talies Scriptor talliarum is an officer in the Exchequer being clerk to the auditour of the receipt who writeth vpon the talies the whole letters of the tellers billes Y YArd land Virgataterrae is a quantitie of land called by this name of the Saxon Gyrdlander but not so certaine a quantity as that it is all one in all places For in some country it conteineth 20. acres in some 24. in some 30. as M. Lamb. saith in his explication of Saxon words verbo virgata terrae This yard land Bracton calleth virgatam terrae lib. 2. cap. 20. 27. but he expresseth no certainty what it conteineth
Yere and day annus dies is a time thought in construction of our common lawe fit in many cases to determine a right in one and to worke an vsucapion or prescription 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 yeare and day giuen in case of appeale in case of descent after entry or claime of no claime vpon a fine or writ of right at the common lawe so of a villein remaining in auncient demeane of the death of a man sore bruised or wounded of protections essoines 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 civile lawe Nam si mortifere fuerit vulneratus postea post lon gum intervallum mortuus sit inde annum numerabimus secundum âulianum l. ait lex Î . ad legeÌ Aquil. Yeare day and waste annus dies vastum is a part of the Kings prerogatiue whereby he challengeth the profits of their lands and tenements for a yere and a day that are attainted of petit treason or felonie whosoeuer be Lord of the maner whereunto the lands or tenements do belong and not onely so but in the end wasteth the tenement destroyeth the houses rooteth vp the woods gardens pastures and ploweth vp medowes except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee. Whereof you may reade at large in Stawnf praerog cap. 16. fol. 44. seqq Yoman seemeth to be one word made by contraction of two Danish words yong men which I gather out of Canutus Charter of the Forest set out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend nuncupant Dani verò yong men vocant locati qui curam onus tum viridis tum veneris suscipiant These M. Camden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Ingenuos whose opinion the statute affirmeth anno 16. R. 2. cap. 4. whereunto adde the statute anno 20. eiusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our lawes call legalem hominem which as he saith is in English a Free man borne that may dispend of his owne free land in yerely reuenew to the summe of forty shillings sterling Of these he writeth a good large discourse touching their estate and vse in this common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch yonker yea or not which in the Low countries signifieth a meane Gentleman or a gay fellow But he that hath added the marginall notes to that booke seemeth to draw it from the Saxon Geman which signifieth a maried man M. Versteg an in his restitution of decayed intelligence cap. 10. writeth that Gemen among the auncient Teutonicks and Gemein among the moderne signifieth as much as Common and that the first leter G. is in this word as in many others turned into Y. and so written Yemen and that therfore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place betweene the Serge an t and the Groome as Yoman of the Chaundrie and Yoman of the Scullerie anno 33. H. 8. cap. 12. Yoman of the Crowne anno 3. Ed. 4. cap. 5. anno 22. eius cap. 1. anno 4. H. 7. cap. 7. This word Yongmen is vsed for Yomen in the statute anno 33. H. 8. cap. 10. ãâã ãâã ãâã ãâã ãâã FINIS