life anno 1. Ed. 2. stat 1. and also enableth him to contract and to deal by himself in all lawful causes appertaining unto his estate Which until that time he cannot with the security of those that deal with him This the Lomberds lettle at 18. years as appeareth by Hotemans disputations in libros feudorum l. 2. c. 53. ver decimo octavo anno Which power the Romans permitted not usque ad plenam maturitatem and that they limitted at 25. years lib. 1 in fine Ï€. de major 25. ann l. fin Co. de Legit. tit in principio titulo de curat in Institut The age of twelve yeares bindeth to appearance before the Sheriff Coroner for enquirie after Robberies ann 52. H. 3. cap. 24. The age of 14. yeers 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 minority having an action brought against him for lands comming to him by descent that the action may rest untill he come to his full age which the Court in most cases ought to yeeld unto This is otherwise in the Civill law which inforceth children in their minority to answer by their tutors or curatours Ï€. de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gist i. jacet having gisir in the Infinitive moode whence commeth the nown gisme a lying in childbed or rather of gister i. stabulari a word proper to a Deer cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit unde commoda propinqua sit pabulatio Budeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or if it may be probably deduced from the Saxon word Gast i. hospes It signifieth in our Common law to take in and feed the cattel of strangers in the Kings Forest and to gather the money due for the same to the Kings use Charta de foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem c. 8. Cromptons Jurisdict fo 146. These are made by the Kings Letters patents under the great Seal of England of whom the King hath four in number within every Forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these four points in agistando recipiendo imbrevitando certificando Manwood parte prima of Forest laws p. 336. 337. whom you may read more at large Their function is tearmed Agistment as agistment upon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or concord of more to one thing this by the Author of the new tearms of law is either executed or executory which you may read more at large in him exemplified by cases AY Ayde auxilium is all one in signification with the French ayde and differeth in nothing but the only pronunciation if we take it as it is used in our vulgar language But in the Common law 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 relief due to the Lord Paramount Glanvile li. 9. ca. 8. or for the making of his sonne Knight or the marying of his daughter idem eodem This the King or other Lord by the ancient Law of England might lay upon their Tenents for the Knighting of his eldest Sonne at the age of 15. yeers or the mariage of his daughter at the age of 7 yeers Regist orig fol. 87. a. and that at what rate themselves listed But Satute West 1. anno 3. Ed. 1. ordained a restraint for so large a demand made by common persons being Lords in this case and tyed them to a constant rate And the Statute made anno 25. Ed. 3. stat 5. ca. 11. provideth that the rate set down 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. cap. 10. This imposition seemeth to have descended to us from Normandie for in the grand custumary cap. 35. you have a Tractat intituled des aides chevelz i. de auxiliis capitalibus whereof the first is a faire l'aiâ—è 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 au Duc i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassan de consuet 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 deseis 131. where he calleth it adjutorium pro maritanda Filia Whence it appeareth that this custome is within the Kingdome of Naples also Touching this likewise you may read these words in Menochius lib. 2. de arbitrat Jud. quaest centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in corum ditionibus privilegia multasque cum locerum incolis conventiones inter quas illa una solet nominari ut possit Dominus collect am illis indicere pro solutione dotium suarum filiaruÌ„ cùm matrimonio collocantur Hoc aliquando Romae observatum à Caligula fuisse in illius vita scribit Suetonius cap. 42. Hodiè hic usus in subalpina regione est frequens ut scribit Jacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro una filia sed pluribus filiabus non tamen pro secundis nuptiis exigitur In which place the said author maketh mention of divers other Civilians and Feudists that record this custome to be in other places Of this Ayd our Fleta writeth thus sicut etiam quaedam consuetudines quae servitia non dicuntur nec concomitantia servitiorum sicut rationabilia auxilia ad filium primogenitum militens faciendum vel ad filiam primogenitam maritandam quae quidem auxilia sunt de gratia non de jure pro necessitate et indigentia domini capitalis Et non sunt pradialia sed personalia secundum quod perpendi poterit in brevi ad hoc proviso c. This word Ayd is also particularly used in matter of pleading for a petition made in court for the calling in of help from another that hath an interest in the cause in question and is likely both to give strength to the party that
three morsells of barley bread without drink and the second day he shall have drink three times and as much at each time as he can drink of the water next unto the prison door except it be running water without any bread And this shall be his dyet untill he die Palatin See County Palatin See Cassan de consuctud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum cometh of the French panne i. pellis or paneau a piece or pain as wee call it in English It signifieth in our common law a shedule or rolle containing the names of such Iurors as the Shyreeve provideth to passe upon any triall Register orig fol. 223. a. Kitchin fol. 266. See Broke hoc titulo And thereupon the empannelling of a Iury is nothing but the entering of them into the Shyreeves rolle or book Paunage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Parramounte aliâs peremounte cometh 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 Tenant to a Lord that holdeth over 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. 289 consisteth only in comparison as one man may be great being compared with a lesser and little being compared with a greater and as Genus among Logicians may be in divers respects both genus 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 Paravaile Maner and Fee Paravail alias Peravaile is compounded of two French words par i. per and aveller i. dimitteree demittere It signifieth in our common Law the lowest Tenant or him that is tenant to one who holdeth his fee over of another So is it used pl. cor fol. 197. Fitzh nat br fol. 135 M. See Paramounte See Mesn Parcellmakers are two officers in the eschequer that make the parcells of the escheators accompts wherein they charge them with every thing they have levyed for the Kings use within the time of their office and deliver the same to one of the Auditors of the court to make an accompt of the escheator thereof Parceners See Coparceners Parcinarie participatio cometh of the French partir i. dividuum facere It signifieth in our common Law a holding or occupying of land by more pro indiviso or by joynt tenants otherwise called Coparceners of the French parsonier i. parciarius particeps For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in parcinarie Litl fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the ancient Romans particulones sic enim anthore Nonio à veteribus cohaeredes inter se dicebantur quod paries invicem facerent Spigelius Pardon pardonatio is a French word signifying as much as pax venia gratia It is used most notoriously in our common Law for the remitting or forgiving of a felonious or other offence committed against the King This pardon is two-fold one ex gratia Regis the other per cours de ley by course of law Stawnf 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 affordeth upon his absolute prerogative or power Pardon by course of Law is that which the law in equity affordeth for a light offence as homicide casuall when one killeth a man having no such meaning Westm parte 2. symbel titulo Inditements sect 46. Of this see the new book of Entries verba Pardon Pardoners anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report incensed the people of Germany in his time exhorting them ne merees tam viles tantiemerent Park parcus cometh of the French parquer i vallo vel fossa cicundare It signifieth with us a piece of ground inclosed and stored with wild beasts of chase Which a man may have by prescription or the Kings grant Cromptons Jurisd fol. 148. M. Manwood parte pri of his Forest laws pag. 148. defineth it thus A park is a place for privilege for wild beasts of venery and also for other wild beasts that are beasts of the Forest and of the chase tam sylvestres quam campestres And all those wild beasts are to have a firm peace and protection there So that no man may hurt or chase them within the park without license of the owner of the same Who also fol. 149. saith thus A park is of another nature than either a chase or a warren is For a park must be inclosed and may not lie open 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 inclosed And moreover the owner cannot have an action against such as hunt in his park if it lie open See Forest See Chase See Warren This word Park Baldwinus deriveth à paradiso enmque locum esse dicit in quo varia animalia ad usum voluptatis aut venationis includuntur possidentur adempta naturali libertate Adtis 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 trespasse done upon another mans ground are lawfully impounded Register original fol. 166. Fitzh nat br fol. 100. Parish parochia cometh of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Accolarnm conventus accolaius sacra vicinia it is used in the Canon law sometime for a Bishoprick But in our common Law it signifieth the particular charge of a secular Priest For every Church is either Cathedrall Coven nal or parochiall Cathedrall is that where there is a Bishop seated so called à Cathedra Coventual consisteth of Regular Clerks professing some order of religion or of Deane chapter or other college of spiritual men Parochial is that which is instituted for the sayingof divine Service ministring the holy Sacraments to the people dwelling within a certain compass of ground neer unto it Our Realm was first divided into Parishes by Honorius Archb. of Canterbury in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis cap. 2. maketh mention of this word parochia out of Pomponius Letus in these words Nam sic quoque Pomponins Letus veâ—eâ—em consuetudinem fuisse scribit
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto 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 termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
lawyers signifying him to whose use any other man is infeoffed in any Lands or Tenements See the new book of entries verbo uses and in Replevin fol. 508. colum 3. verbo Trespas fol. 606. fol. 123. a. b. colum 3. num 7. CH Chafe wax is an Officer in Chauncery that fitteth the wax for the sealing of the Writs such other instruments as are there made to be sent out This Officer is borrowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser i. sectari belluas apros cervos It signifieth two things in the Common Law First as much as actus in the Civil law that is a driving of cattel to or from any place as to chase a distress to a fortlet Old nat br fol. 45. Secondly it is used for a receit for Deer and wild beasts of a middle nature between a Forest and a Park being commonly lesse than a Forest and not endued with so many liberties as the Courts of attachment Swain mote and Justice seat and yet of a larger compas and stored with greater diversity both of keepers and wild beasts or game than a park And Crompton in his book of Jurisdictions fol. 148. saith that a Forest cannot be in the hands of a subject but it forth with loseth the name and becommeth a chase and yet fol. 197. he saith that a subject may be lord and owner of a Forest which though it seem a contrariety yet be both his sayings in some sort true For the King may give or alienate a Forest to a subject yet so as when it is once in the subject it leeseth the true property of a Forest because that the Courts called the Justice seat the Swain more and Attachment forthwith do vanish none being able to make a Lord chief Justice in Eyr 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 manner that there may be Attachment and Swainmote and a Court equivalent to a Justice 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 subject which a Forest in his proper true nature cannot and from a Park in that that it is not inclosed hath not onely a larger compasse and more store of game but of Keepers also and Overseers See Forest Chaleâ—ge calumnia cometh of the French chalenger i. sibâ— asserere is used in the Common law for an exception taken either against persons or things persons as in assise to the Jurors or any one or more of them or in a case of felony by the prisoner at the barre Smith de reâ— Angl. lib. 2. cap. 12. Briton cap. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration Old nat br fol. 76. Chalenge made to the Jurors 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 different Terms of the Law Chalenge to the Jurours is also divided into Chalenge principal and Chalenge per cause i. upon cause or reason Challenge principal otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the Law alloweth without cause alleged or farther examination Lamberd Eirena lib. 4. cap. 14. as a prisoner at the barr arraigned upon felonie may peremptorily chalenge to the number of 20. one after another of the Jurie empaneled upon him alleging no cause but his own dislike and they shall be still put off and new taken in their places But in case of high treason no challenge peremptorie is allowed anno 33 H. 8. cap. 23. Fortescue saith that a prisoner in this case may challenge 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 observe between Chalenge principal and Chalenge peremptorie finding peremptorie to be used only in matters criminal and barely without cause alledged more than the prisoners own phantasie Stawnf pl. cor fol. 124. but principal in civil actions for the most part and with naming of some such cause of exception as being found true the law alloweth without farther scanning For example if either party say that one of the Jurors is the son brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farther examination of the parties credit And how far this Chalenge upon children reacheth you have a notable example in Plowden casu Vernon against Manners fol. 425. Also in the plee of the death of a man and in every action real as also every action personal where the debt or dammages amount to 40 marks it is a good Chalenge to any man that he cannot dispend 40 shillings by the year of Free-hold anno 11 H. 7. cap. 21. and Terms of the Law verbo Chalenge The ground of this Chalenge you may see farther in Fleta lib. 4. cap. 8. Chalenge upon reason or cause is when the party doth allege some such exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Jurors as for example if the son of the Juror have married or espoused the daughter of the adverse party Terms of the Law ubi supra This Chalenge per cause seemed to be tearmed by Kitchin chalenge for favour fol. â—2 or rather Chalenge for favour is said there to be one species of Chalenge per cause where you may read what chalenges be commonly accounted principal and what not See the new book of Enteries verbo Chalenge and the Old nat br fol. 158. 159. That this word Chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. lib. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will never forgive him that first strook this blow at him Of Chalenge you may farther read Fleta lib. 1. cap. 32. § Ad quem diem seq Chamberdekins are Irish beggers an 1 H. 5. c. 8. Chamberer is used for a Chamber-maid an 33 H. 8. cap. 21. Chamberlain camerarius vel camberlingus cometh of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly used in our Cbronicles Laws and Statutes as Lord great Chamberlain of England Lord Chamberlain of the Kings house the Kings Chamberlain anno 13 Ed. 1. cap. 41. anno 17 R. 2. cap. 6. to whose office it especially appertaineth to look to the Kings chambers and wardrope and to govern the under ministers
Officers and usages be For of this thus writeth Boerius in his tract De authorit Magni Consilii nu 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum judicii tribunal hoc in regno sub Principe tamen nostro moder anti sigillum â— authenticum quo sine publicis patentibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Justiciarii quocunque nomine nuncupontur ac quavis authoritate fung antur co inferiores sant Et meritò Succedit enim in quaestoris locnm c. He that beareth this Magistracie is called the Chancellor of England anno 7 R. 2. c. 14. and by the Statute anno 5 Eliz. cap. 18. the Lord Chancellor and Keeper have all one power Nore farther that divers inferior Officers are called Chancellors as Chancellor of the Exchequer anno 25 H. 8. cap. 16. whose office hath been thought by many to have been created for the qualifying of extremities in the Exchequer He fâ—teth in the Court and in the Exchequer chamber and with the rest of the Court ordereth things to the Kings best benefit he is alwayes in commission with the Lord Treasurer for the letting of the Lands that came to the Crown by the dissolution of Abbeyes and hath by privie seal from the King power with others to compound for forfeitures of honds and forfeitures upon penal statutes He hath also much to do in the revenue come by the dissolution and first fruits as appeareth by the acts of uniting them to the Crown Chanchellor of the Dutchie of Lancaster anno 3 Ed. 6. cap. 1. anno 5 ejusdem cap. 26. whose office is principal in that Court to judge and determine all controversies between the King and his Tenents of the Dutchie land and otherwise to direct all the Kings affaires belonging to that Court. Chancellor of the Order i. of the Garter Stowes annals pag. 706. Chancellor of the University anno 9 H. 5. cap. 8. anno 2 H. 6. cap. 8. Chancellor of the Court of Augmentations anno 27 H. 8. cap. 27. anno 32. ejusdem cap. 20. anno 33. ejusdem cap. 39. Chancellor of the nâ—â—t truits anno 32 H. 8. cap. 45. Chancellor of Courts anno 32 H. 8. cap. 28. Chancellor of the Diocesse anno 32 H. 8. cap. 15. Chancerie Cancellaria is the Court of equity and conscience moderating the rigour of other Courts that are most straightly tyed to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Cromptons jurisd fol. 41. or else the Lord Keeper of the great Seal sithence the statute 4 Eliz. cap. 18. It taketh the name from the Chancellor as M. Cambden noteth in his Britannia pag. 114. in meo The Officers belonging to this Court are as is abovesaid the Chancellor or Keeper of the broad Seal twelve Masters of the Chancery whereof the Master of the Rolls is one and the chief the six Clerks the Examiners a Sergeant at Armes the Marshall and Crier of the Court the Clerks of the courts otherwise called Courseters the Clerks of the Pettie bagge the Clerk of the Crown the Clerk of the hanapar the protonotary or register the controller of the hanaper the Clerk of appeals the Sealer the Chafe-wax the Clerk of the faculties the Clerk of the patents Clerk of the statre chamber Clerk of presentations Clerk of dismission Clerck of licenses to alienate Clerks of the enrollements Clerk of the protections Clerk of the court of wards Clerk of the subpenaes which lee described in their places Chapel Capella cometh of the French chapelle i. aedicnla and is of two sorts either adjoyning to a Church as a parcel of the same which men of worth do build ut ibidem familiaria sepalchra sibi constituant to the use of the Romanes l. 5. Ï€. de religio or else separate from the mother Church where the Parish is wide and is commonly called a Chapel of ease because it is builded for the ease of one or more Parishioners that dwell over farre from the Church and is served by some inferior Curate provided at the charge of the Rector or of them that have benefit by it as the composition or custome is Whence the word is derived the Caronists differ in opinion Rebuffus de pacif possess num 104. saying that some take it à capiendo l. icos others à capra because it representeth those cottages which men wore wont to cover over with Goats skins Petrus Gregorius in suo syntagmate lib. 15. cap. 29. hath these words of this thing Capellanus a capella is capella cui praeficitur nominatur item ab officio sen bene ficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens landem vel secundùm praepositum à cappa Divi Martini aut à caprinis pellibus quibus olim altaria tegebaâ—tur secundùm Archidiacanum Arbitrarer à simplici tecto quo oratorium campestre operitur laeteribus undiquaque patentibus patulis Tectum enim Gallis simpliciter dicitur chapelle à capite Under formata aliqua aomina chape in cape c. Aut capella locus qui minor is spatii sit quà m ecclesia quod tot homines non capiat ut ecclesia Ita altare eapella est ca. quaesitum c. penult i. quaest 3. Jahan Aâ—draeas in cap. 1. de succes ab intesta praebenda cum onere quotidie celebrandi sacram lâ—turgiam ca. significatum 11. de praebend or atorium ca. authoritate de privilegiis in 6. quòd in eo loco orationes non aliae res profanae peragi debeant ca. pen. fina 42. distinct The same author in his book de beneficiis cap. 11. nu 10. hath these words Dâ—cti porrò primi tùs cappellant à cappa Sancti Martini quam Reges Francorum ob adjuratorium in praeliis solebant secum habere quam ferentes custodientes cum caeteris sanctorum reliquiis clerici capellani caeperunt vocari ut omnia refert Valafridus Strabo Abbas Augensis ca. fina de incrementis rerum ecclesiastica There is of these chapels one kind called a fâ—ee chapel which seemeth to be such as hath maintenance perpetual toward the upholding thereof and wages of the curate by some lands charitably bestowed on it without the charge of the Rector or Parish anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Chapellain capellanus is he that performeth divine service in a chapel and therefore in our Common law it iâ— used most ordinarily for him that is depending upon the king or other man of worth for the instruction of him and his family the executing of prayers and preaching in his private house where commonly they have a Chapel for that purpose as anno 21 H. 8. cap. 13. Where it is set down what persons may privilege one or mo Chaplains
corporate as hath a Bishop and a Cathedrall Church For Lucas de Penna lege unica tituli De Metropol Bcryto tit 21. lib. 10. Cod. hath these words Idem locus urbs civitas opidum appellatur Pro quo est etiam infra De spectaculis l. Nemo Civitas enim dicitur quatenus cum justitia magistr atuum ordine gubernatur opidum quatenus est â—bi copia incolarum urbs quatenus muris debito more cingitur Propriè autem dicitur civitas quae habet Episcopum Supra de Episcop Cleri l. Nulli Aliâs dicitur gener aliter omnis habitatio plurimorum quae muro cingitur Ï€. de verbo signif lib. 2. de penu lega l. Nam quod § Si ita Sed strictè loquendo si Episcopo caret dicitur nrbs Ï€. de verb. signif l. Pupillus § Oppidum c. Yet M. Crompton in his Jurisdictions where he reckoneth up the Cities leaveth out Ely though it have a Bishop and a Cathedrall Church and putteth in Westminster though now it have no Bishop And anno 35 Eliz. cap. 6. Westminster is called a City anno 27 ejusd cap. 5. Of the Statutes not printed it is alternatively termed a City or Borow It appeareth by the Statute 35 H. 8. cap. 10. that then there was a Bishop of Westusmjter Civitas according to Aristotle li. politicorum ca. pri is defined to be a certain or uniform government of the Inhabitants Caesar civitatem vocat populum eodem jure utentem Camd. Britan. pa. 310. But this is the generall definition of a Common-wealth and not of a City at the least as we now a dayes particularly take it For over and beside that which is above said Cassanaeus in consuetudi Burg. pag. 15. saith that France hath within the territories of it one hundred and four Cities and giveth reason of this his saying because there be there so many seates of Archbishops and Bishops CL Clack as to clack force and bard alià s beard good wools anno 8 H. 6. ca. 22. whereof the first viz. to clack wool is to cut off the sheeps mark which maketh it to weigh lesse and so yeeld the lesse custome to the King to force wool is to clip off the upper and more hairy part of it to bard or beard it is to cut the head and neck from the rest of the sleece Clamea admittenda in iâ—inere per Atturnatum is a writ whereby the King commandeth the Justices in Eyre to admit of ones claiâ—n by Atturney that is employed in the Kings service and cannot come in his own person Register orig fol. 19. b. Clayme clameum is a challenge of Interest in any thing that is in the possession of another or at the least out of his own as claim by Charter claim by Descen Old nat br fol. 11. Si dominus infra annum clamcum qualitercunque apposuerit Bracton lib. 1. cap. 10. See the definition and divers sorts of claim in Plowden Casu Stowel fol. 359. a. Clarentius See Herald Clergie clerus clericatus is diversly taken sometime for the whole number of those that are de clero Domini of the Lords lot or share as the tribe of Levi was in Judaea sometime for a plee to an Indictment or an appeal and is by Stawnf pl. cor l. 2. cap. 41 thus defined Clergy is an antient liberty of the Church which hath been confitmed by divers Parliaments and is when a Priest or one within Orders is arraigned of felony before a secular Judge he may pray his Clergy which is as much as if he prayed to be delivered to his Ordinary to purge himself of the offence objected And this might be done in case of murther Cook lib. 4. fol. 46 a. This libertie is mentioned in articulis cleri ann 9 Ed. 2. cap. 16. and what persons might have their Clergy and what not see Stawnf pl. cor lib. 2. cap. 42 43. Howbeit there be many statutes made since he writ that book whereby the benefit of Clergy is abridged As anno S. El. cap. 4. an 14. ejusdem cap. 5. anno 18 ejusdem cap. 4 6 7. anno 23 ejusdem cap. 2 a. 29 ejusdem cap. 2. an 31 ejusdem cap. 12. a. 39 ejusdem cap. 9. cap. 15. Of this see Cromptons Justice of peace fol. 102 103 104 105. And Lamberts Eirenarcha lib. 4. cap. 14. pag. 543. And note by the way that the antient course of the Law in this point of Clergy is much altered for by the statute Anno 18 Eliz. cap. 7. Clerks be no more delivered to their Ordinaries to be purged but now every man though not within orders is put to read at the barre being found guilty and convicted of such felony as this benefit is granted for and so burnt in the hand and set free for the first time if the Ordinaries Commissioner or Deputy standing by do say legit ut Clericus or otherwise suffereth death for his transgression Clerico admittendo is a Writ directed to the Bishop for the admitting of a Clerk to a Benefice upon a Ne admittas tried and found for the party that procureth the Writ Reg. orig fol. 31 6. Clerico capto per statutum mercatorum c. is a Writ for the delivery of a Clerk out of prison that is imprisoned upon the breach of a statute metchant Rtg. orig fol. 147. Clerico convicto commisso gaolae in defectu ordinarii deliberando c. is a Writ for the delivery of a Clerk to his Ordinary that formerly was convicted of felony by reason his Ordinary did not challenge him according to the privileâ—ges of Clerks Regist origin fol. 69. a. Clerico infra sacros ordines constituto non eligendo in officium is a Writ directed to the Bailiffs c. that have thrust a Bayliwick or bedleship upon one in holy Orders charging them to release him again Register orig fol. 143. a. Clerk clericus hath two significations one as it is the title of him that belongeth to the holy ministery of the Church that is in these dayes either Minister or Deacon or what other degree or dignity soever though according to former times not onely Sacerdotes Diaconi but also subdiaconi cantores acolyti exoâ—cistae ostiarii were within this account as they be at this day where the Canon Law hath full power And in this signification a Clerk is either religious otherwise called regular or secular anno 4 Hen. 4. cap. 12. The other signification of this word noteth those that by their function or course of life practise their pen in any Court or otherwise as namely the Clerk of the Rolles of Parliament Clerks of the Chancery and such like whose peculiar offices I purpose to set down in order according to that knowledge that I could procure of them Clerk of the Parliament Rolls Clericus Rotulorum Parliamenti is he that recordeth all things done in the high Court of Parliament and engrosseth them fairely into
that attend in their course and have their dyet at the Secretaries table More largely you may read of their office in the statute made anno 27 H. 8. cap. 11. Clerk of the privy seal clericus privati sigilli is an officer whereof there be four of number that attendeth the Lord Keeper of the privy Seal or if there be none such upon the principal Secretary writing and making out all things that be sent by warrant from the Signer to the privy Seal and are to be passed to the great Seal as also to make out as they are tearmed privy Seals upon any special occasion of his Majesties affairs as for loan of money and such like Of this officer and his function you may read the statute an 27 H. 8. cap. 11. He that is in these dayes called the Lord Keeper of the privy Seal seemeth in antient time to have been called Clerk of the privy Seal and to have been reckoned in the number of the great officers of the realm Read the statute anno 12 R. 2. cap. 11. Clerk of the Juries or Jurata writs clericus Juratorum 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 Jury either in Court or at the Assises after that the Jury or Panel is returned upon the Venire facias He entreth also into the Rolles the awarding of these Writs and maketh all the continuance from the going out of the Habeas corpora until the verdict be given Clerck of the Pipe clericus Pipae is an Officer in the Kings Exchequer who having all accounts and debts due to the King delivered and drawn out of the Remembrancers offices chargeth them down into the great Roll who also writeth summons to the Sheriff to levy the said debts upon the goods and cattels of the Debtours and if they have no goods then doth he draw them down to the Lord Treasurers Remembrancer to write extreats against their Lands The antient renew of the Crown remaineth in charge before him and he seeth the same answered by the Fermers and Sheriffs to the King He maketh a charge to all Sheriffs of their summons of the Pipe and Green wax and seeth it answered upon their accounts He hath the drawing and ingrossing of all leases of the Kings land Clerk of the Hamper or Hanaper clericus Hanaperii is an Officer in Chauncery anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same statute whose function is to receive all the money due to the Kings Majesty for the seals of Charters Patents Commissions and Writs as also fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chauncellour or Lord Keeper daily in the Term time and at all times of sealing having with him leather bagges wherein are put all Charters c. after they be sealed by the Lord Chancellour and those bagges being sealed up with the Lord Chauncellours private Seal are to be delivered to the Controller of the Hamper who upon receipt of them doth as you shal read in his office This Hanaper representeth a shadow of that which the Romans tearmed Fiscum that contained the Emperors treasure Clerk of the Plees clericus placitorum is an Officer in the Exchequer in whose office all the Officers of the Court upon especial privilege belonging unto them ought to sue or to be sued upon any action Clerk of the Treasury clericus the saurariae is an Officer belonging to the Common plees who hath the charge of keeping the records of the Court and maketh out all the records of Nisi prius hath the fees due for all searches and hath the certifying of all records into the Kings Bench when a Writ of Error is brought and maketh out all Writs of Supersedeas de non molestando which are granted for the Defendants while the Writ of Error hangeth Also he maketh all Exemplifications of Records being in the Treasurie He is taken to be the servant of the chief Justice and removeable at his pleasure whereas all other Officers are for tearm of life There is also a Secundary or Under-Clerk of the Treasurie for assistance which hath some allowances There is likewise an Underkeeper who alway keepeth one key of the Treasury door and the chief Clerk of the Secundary an other so the one cannot come in without the other Clerk of Essoines clericus essoniorum is an Officer belonging to the Court of Common plees who onely keepeth the Essoins rolle and hath for entring every essoin six pence and for every exception to barr the essoin in case where the party hath omitted his time six pence He hath also the providing of parchment and cutting it out into rolls and marking the numbers upon them and the delivery out of all the rolles to every Officer and the receiving of them again when they be written and the binding and making up of the whole bundles of every term and this he doth as servant to the chief Justice For the chief Justice is at charge for all the parchment of all the rolles Clerk of the outlawries clericus utlagariarum is an Officer belonging to the Court of Common plees being onely the servant or Deputy to the Kings Atturny general for making out the writs of capias utlagaâ—um after outlawry And the Kings Atturnies name is to every one of those writs And whereas seven pence is payd for the Seal of every other writ betwixt party and party there is but a penny payd for the Seal of this writ because it goeth out at the Kings sute Clerk of the sewers clericus suerarum is an officer appertaining to the Commissioners of sewers writing all things that they do by vertue of their commission for the which see Sewers and see the statute of anno 13 Elizab. cap. 9. Clerk controller of the Kings house whereof there be two is an officer in Court that hath place and seat in the Counting-house and authority to allow or disallow the charges and demands of persuivants or messengers of the Green cloath purveyours or other like He hath also the oversight and controlling of al defaults defects and miscarriages of any the inferiour officers and to sit in the Counting-house with the superior officers viz. the Lord Steward Treasurer Controller and Cofferer either for correcting or bettering things out of order and also for bringing in Countrey provision requisite for the Kings houshold and the censure for failing of carriages and carts warned and charged for that purpose This Officer you have mentioned an 33 H. 8. cap. 12. Clerk of the Nihils clericus Nihilorum is an officer in the Exchequer that maketh a roll of all such summes as are nihiled by the Sheriffs upon their estreats of green wax and delivereth the same into the lord Treasurers Remembrancer his office to have execution done upon it for the King Clerk of the check
writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoins Clerk of the Outlawries Whose distinct functions look in their places See Common Bench. Common day in plee of land anno 13 R. 2. stat 1. cap. 17. signifieth an ordinary day in the Court as Octavis Michaelis quindena Pascae c. as you may see in the statute made an 51 H. 3. concerning general dayes in the Bench. Common house of Parliament is used for the nether house because the Commons of the Realm that is the Knights of the Shires and Burgesses possesse that house Crompton jurisd 9. Commotes seemeth to be compounded of the Preposition con and mot i. dictio verbum and signifieth in Wales a part of a Shire as an Hundred anno 28 H. 8. cap. 3. It is written Commoiâ—hes anno 4 H. 4. cap. 17. and is used for a gathering made upon the people as it seemeth of this or that Hundred by Welsh Minstrels Common law communis lex hath three divers significations which see in the Author of new terms of law verb. Common law Communi custodia is a writ that lyeth for that Lord whose Tenant holding by Knights service dyeth and leaveth his eldest Son under age against a stranger that entreth the land and obtaineth the ward of the body It may seem to take the name from the Common custome or right in this case which is that the Lord have the wardship of this Tenant until his full age or because it is common for the recovery both of Land and Tenant as appeareth by the form thereof Old nat br fol. 89. See also the Register orig fol. 161. a. Communi placito non tenendo in scaccario is a a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Pleâ— between two common persons in that Court ther of them belonging toward the said Court Register orig fol. 187. b. Companion of the Garter is one of the Knights of that most noble and honourable order anno 24 H. 8. cap. 13. See Garter Compromis compromissum is a mutual promise of two or more parties at difference to referre the ending of their Controversies to the arbitriment and equity of one or more arbitratours West defineth it thus parte 2. symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence between persons at controversie given to arbitratours by the parties mutual private consent without publike authority Computo is a writ so called of the effect because it compelleth a Bailiff Chamberlain or Receiver to yeeld his account Old nat br fol. 58. It is founded upon the statute of West 2. c. 2. an 13 E. 1. which for your hetterunderstanding you may read And it lyeth also for executours of executours anno 15 Ed. 3. statut de provis victual cap. 5. Thirdly against the gardian in Socage for waste made in the minority of the heir Marbl cap. 17. And see farther in what other cases it lyeth Register orig fol. 135. Old nat br ubi supra Fitzh nat br fol. 116. Concealers be such as find out concealed lands that is such lands as are privily kept from the King by common persons having nothing to shew for them anno 39 Eliz. cap. 22. They be so called à concelando as mons à movendo per antiphrasin Concord concordia is in the Common law by a peculiar signification defined to be the very agreement between parties that intend the levying of a Fine of lands one to the other who and in what manner the land shall passe For in the form thereof many things are to be considered West parte 2. Symbol titulo fines and concords sect 30. whom read at large Concord is also an agreement made upon any trespasse committed between two or more and is divided into a Concord executory and a Concord executed See Plowden casu Renigâ—r Fogassa fol. 5. 6. where it appeareth by some opinion that the one bindeth not as being imperpect the other absolute and tyeth the partieâ— and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and do no lesse bind than agreements executed fol. 8. b. Concubinage concubinatus is an exception against her that sueth for her Dower whereby it is alleged that she was not a wife lawfully married to the partie in whose lands she seeketh to be endowed but his Concubine Britton cap. 107. Bract. l. 4. tract 6. cap. 8. Condition conditio is a rate manner or law annexed to mens acts staying or suspending the same and making them uncertain whether they shall take effect or no West part 1. symb li. 2. Sect. 156. In a Lease there may be two sorts of conditions condition collateral or condition annexed to the rent Sir Edward Coke lib. 3. Pennants case fol. 64. Collateral condition is that which is annexed to any collateral act as that the Leassee shall not go to Rome ib. fol. 65. Condition is also divided into condition in deed or fact and condition in Law which otherwise may be termed condition expressed and condition implyed Perkins Conditions 722. These and other like divisions of conditions you may read in the Author of the new Termes of Law verbo condition And in Litleton lib. 3. cap. 5. Conders may seem to proceed from the French Conduire 1. deducere gubernare they be such is stand upon high places near the Sea-coast at the time of Herring-fishing to make signes with Boughes c. in their hand unto the Fishers which way the shole of Herrings passeth For that may better appear to such as stand upon some high cliff on the shore by a kind of blew colour that the said Fish causeth in the water than to those that be in the Ships These be otherwise calleth Huers by likelihood of the French huyer i. exclamare and balkers as appeareth by the statute anno 1 Jacob. cap. 23. Cone key Bracton lib. 2. cap. 37. nu 3. Look Cover and Key Confirmation confirmatio is a strengthening of an estate formerly had and yet voidable though not presently void For example a Bishop granteth his Chancelership by Patent for the term of the Patentee his life this is no void grant but voidable by the Bishops death except it be strengthened by the confirmation of the Dean and Chapter See more of this in West parte prim symb lib. 2. sect 500. and Fitzh nat br fol. 169. B. 226 H. 271 D. 163. G. and Littleton 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 drawn from fiscus which originally signifieth a Hamper Pannier Basket or Freil but Metonymically the Emperours Treasure because it was antiently kept in such Hampers c. And though our King keep not his Treasure in such things yet as the Romans said that such goods
anno 35. H. 8. cap. 26. and the County of Litchfield Cromptons Justice of peace fo 59. a. County is in another signification used for the Countie court which the Sheriff keepeth every month within his charge either by himself or his Deputy anno 2. Ed. 6. ca. 25. Crompt Juris f. 221. Bract. li. 3. c. 7. l. 3. tract 2. cap. 12. Of these Counties or Shires one with another there are reckoned in England 37. beside twelve in Wales The word comitatus is also used for a jurisdiction or territory among the Feudists County court curia comitatus by M. Lamberd is otherwise called conventus in his explication of Saxon words divided into two sorts one retaining the geneeal name as the County-court held every moneth by the Shiereve or his Deputy the under Sheriff wherof you may read in Crompt jurisd f. 231. the other called the Turn held twice every year which see more at large in his place and Cromptons Jurisd fol. 231. This County court had in antient times the cognition of these and other great matters as may appear by Glanvile lib. 1. cap. 2.3.4 by Bracton and Britton in divers places and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico It had also and hath the determination of certain trespasses and debts under forty shillings Britton cap. 27 28. what manner of proceeding was of old used in this Court see Fleta ubi supra Coursitour See Cursetour Court curia cometh of the French court which signifieth the Kings Palace or Mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus divided the whole number of the Romans sometime also the Senat-house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curta agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput urbis c. Court with us signifieth diversly as the House where presently the King remaineth with his ordinary retinue and also the place where Justice is judicially ministred of which you find 32 several sâ—rts in M. Cromptons book of Jurisdictions well described And of them most be courts of record some be not and therefore are accounted base Courts in comparison of the rest Beside these also there are Courts Christian Smith de Repnb Anglor lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledg in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope of Rome because he chalenged the superiority in all causes spiritual but sithence his ejection they hold them by the Kings authority virtute magistratus sui as the Admiral of England doth his Court Whereupon it proceedeth that they send out their precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the appeal from these Courts did lye to Rome now by the statute anno 25 H. 8. cap. 19. it lieth to the King in his Chancerie Court baron curia baronis is a Court that every Lord of a manor which in ancient times were called Barons hath within his own precincts Barons in other Nations have great Territories and jurisdiction from their Soveraignes as may be proved out of Cassanaeus de gloria mundi part 5. consideratio 56. by Vincentius de Franchis descis 211. and many others Bu here in England what they be and have been heretofore see in Baron Of this Court Baron you may read your fill in Kitchin that writeth a large Book of it and of a Court Leet Sir Edward Coke in his fourth Book of Reports amongst his Copy-hold cases fol. 26. b. saith that this Court is two after a sort and therefore if a man having a mannor in a Town and do graunt the inheritance of the Copy-holders thereunto belonging unto another this grantee may keep a Court for the customarie Tenants and accept surrenders to the use of others and make both admittances and graunts the other Court is of Free-holders which is properly called the Court Baron wherein the suters that is the Free-holders be Judges whereas of the other the Lord or his Steward is Judge Court of Pypowders See Pie-powders Court of Requests curia requestarum is a Court of equity of the same nature with the Chancerie principally instituted for the help of such petitioners as in conscionable cases deal by supplication with his Majestie This Court as M. Gwin saith in the Preface to his Readings had beginning from Commission first granted by Henry the eighth to the Masters of Requests whereas before that time by his opinion they had no warrant of ordinary jurisdiction but travelled between the King and the Petitioner by direction from the Kings mouth But Sir Julius Caesar in a Tractate of his painfully and very judiciously gathered from the Records of the same Court plainly sheweth that this Court was 9 Henrici septimi though then following the King and not setled in any certain place neither swayed particularly by the Masters of Requests as now it is but more at large by others of the Kings most Honourable Councel whom he pleased to employ in this service For page 148. of the said Tractate you have the form of the oath then ministred to those that were Judges in this Court and à pag. pri usque ad pag. 46. causes of divers natures which in the said Kings dayes were there handled and adjudged This Court as that right honourable and Learned Knight in a Brief of his upon the same Court plainly proveth was and is parcel of the Kings most honoutable Councel and so alwayes called and esteemed The Judges thereof were alwayes of the Kings most Honourable Councel appointed by the King to keep his Councel board The keeping of this Court was never tyed to any place certain but onely where the Counsel sate the suters were to attend But now of late for the ease of suters it hath been kept in the White-Hall at Westminster and onely in Term time It is a Court of Record wherein Recognizances are also taken by the Kings Councel The form of proceeding in this Court was altogether according to the processe of summarie causes in the Civil Law The persons Plaintiffs and Defendants were alwayes either privileged as officers of the Court or their servants or as the Kings servants or as necessary Attendants of them or else where the Plaintiffs poverty or mean estate was not matchable with the wealth or greatnesse of the Defendant or where the cause meerly contained matter of Equity and had no proper remedie at the Common law or where it was specially recommended from the King to the Examination of his Councel or concerned Universities Colleges Hospitals
writing against Marsin Luther in the behalf of the Church of Rome then accounted Domicilium fidei Catholicae Stows annals pag. 863. Deforsour deforciator cometh of the French Forceur i. expugnator It is used in our Common law for one that overcometh 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 cap. 53. next because a man may deforce another that never was in possession as for example if more have right to lands as Common heirs and one entring keepeth out the rest the Law saith that he deforceth them though he do not disseise them Old nat br fol. 118. and Litleton in his Chapter Disconti nuance fol. 117. saith that he which is enfeoffed by the Tenant in Tail and put in possession by keeping out the Heir of him in reversion being dead doth deforce him though he did not disseise him because he entred when the Tenant in tail was living and the Heir had no present right And a Deforsor differeth from an intrudour because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour Bracton lib. 4. cap. pri and a Deforsour is also by holding out the right He iras is above said Deliverances See Repligiare Demand demanda vel demandum cometh of the French Demande i. postulatio postulatus and signifieth a calling upon a man for any thing due It hath likewise a proper significatioÌ„ with the Common Lawyers opposite to plaint For the pursute of all civil actions are either demands or plaints and the persuer is called Demandant or Plaintiff viz. Demandant in actions real and Plaintiff in personal And where the party perfuing is called Demandant there the party persued is called Tenant where Plaintiff there Defendant See Terms of Law verbo Demandant Demy haque See Haque and Haquebut Demain Dominicum is a French word otherwise written Domaine and signifieth Patrimonium Domini as Hotoman saith in verbis feudalibus verbo Dominicum where by divers authorities he proveth those Lands to be dominicum which a man holdeth originally of himself and those to be feodum which he holdeth by the benefit of a superiour Lord. And I find in the Civil Law Rem dominicam for that which is proper to the Emperor Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur being the 38 title of the 7 book And Res dominici juris i. reipub in the same place And by the word Domanium or Demanium are properly signified the Kings Lands in France appertaining to him in property Quia Domanium definitur illud quod nominatim consecratum est unitum incorporatum Regiae coronae ut scripsit Chopinus de domanâ—o Franciae tit 2. per legem Si quando 3. Cod. de bon vacan lib. 10. Mathaeut de Afflictis in consti Siciliae lib. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus fisci redacta Skene de verborum signif verb. Terrae Dominicales In like manner co we use it in England howbeit we here have no land the Crown-land onely excepted which holdeth not of a Superior For all dependeth either mediatly or immediately of the Crown that is of some honour or other belonging to the Crown and not graunted in fee to any inferiour person Wherefore no common person hath any Demaines simply understood For when a man in pleading would signifie his land to be his own he saith that he is or was seised therof in his demain as of Fee Litleton l. 1. c. 1. Whereby he signifieth that though his land be to him and his Heirs for ever yet it is not true Demain but depending upon a superior Lord and holding by service or rent in lieu of service or by both service and rent Yet I find these words used 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 crown land is crept in by errour and ignorance of the word Fee or at least by understanding it otherwise than of the Feudists it is taken But Britton cap. 78. sheweth that this word demeyn is diversly 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 see This word sometime is used for a distinction between those lands that the Lord of a Mannor hath in his own hands or in the hands of his Leassee dimised upon a rent for tearm of years or life and such other land appertaining to the said Mannor which belongeth to free or copy-holders Howbeit the copy-hold belonging to any Manor is also in the opinion of many good Law yers accounted Demeines Bracton in his fourth Book tract 3. cap. 9. num 5. hath these words Item dominicum accipitur multipliciter Est autem dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands anglicè Itèm dicitur dominicum villenagium quod traditur villanis quod quis teÌ„pestivè intempestive sumere possit pro voluntare sua revocare Of this Fleta likewise thus writeth DominicuÌ„ est multiplex Est auteÌ„ DominicuÌ„ propriè terra ad mensaÌ„ assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiviè pro voluntate domini poterit revocari sicut est de terra commissa tenenda quà m diu commissori placuerit poterit dici Dominicum de quo quis babet liberuÌ„ tenementuÌ„ alius usufructum etiaÌ„ ubi quis habet liberuÌ„ tenementuÌ„ alius curaÌ„ sicut de custode dici poterit curatore unde urus dicitur à jure alius quoque ab homine Dominicum etiam dicitur ad differentiam ejus quod tenetur in servitio Dominicum est omne illud tenementum de quo antecessor oblit seâ—situs ut de feudo nec refert cum usufructu vel sine de quo sie ectus esset si viveret recuperare posset per assisam nomine disseisinae licet alius haberet usum fructum sicut dici poterit de illis qui tenent in villenagio qui utuntur fruuntur non nomine proprio sed omine Dominâ— sui Flet. lib. 5. cap. 5. sect Dominicum autem And the reason why Copy-hold is accounted Demeans is because they that be Tenents unto it are judged in law to have no other right but at the will of the Lord. So that it is reputed still after a sort to be in the Lords hands And yet in common speech that is called ordinarily Demeans which is neither free nor copy It is farther to be noted that Demain is sometime used in a more special signification and is opposite to Frank-fee For example those lands which were in the possession of King Edward the Confessour
permitteth it is by Law guilty of the fault committed by him that escapeth be it Felony Treason or Trespass Negligent escape is when one arrested and afterwards escapeth against his will that arrested him and is not pursued by fresh sute and taken again before the party pursuing hath lost the sight of him Idem cap. 27. But there read more of this matter for there be doubts worth the consideration And of the course of punishment by the Civil Law in this point read in Practica criminali Claudii de Battandier reg 143. read also Cromptons Justice fol. 35. b. fol. 36. 37. and read the new Terms of Law There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forrest is delivered of that punishment which by order of the forrest lyeth upon those whose beasts be found within the land forbidden Cromptons Jurisdict fol. 196. Eschequer Scaccarium cometh of the French Eschequier i. abacus tabula lusoria and signifieth the place or Court of all receipts belonging to the Crown and is so termed as I take it by reason that in ancient times the accomptants in that Office used such Tables as Arithmetitians use for their calculations for that is one signification of Abacus amonst others Polydor. Virgil. lib. 9. hist Anglc. saith that the true word in Latine is Statarium and by abuse called Scaccarium In mine opinion it may well seem to be taken from the German word Schatz signifying as much as Thesaurus or Fiscus And from this fountain no doubt springeth the Italian word Zecchâ—â— signifying a mint and Zecherit aliâs Zechieri the Officers thereunto belonging Descis Geâ—uen 134. M. Cam. in his Britan. pag. 113. saith that this Court or office took the name à tabula ad quam assidebant proving it out of Gervasius 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 find the Eschequier thus described The Eschequier is called an assembly of High Justiciers to whom it appertaineth to amend that which the Bailiffes and other meaner Justiciers have evil done and unadvisedly judged and to do right to all men without delay as from the Princes mouth Skene de verbo Significatione verbo Scaccarium hath out of Paulus Aemilius these words Saccarium dicitur quasi S. at arium quòd homines ibâ— in jure sistantur vel quòd sit stataria perennis curia cum caeterae curiae essent indictivae nec loco nec tempore state where he saith also of himself that in Scotland the Eschequer was stable but the other Session was deambulatorie before James the fist qui instituit Statariam curiam cum antea esset indictiva he addeth farther Others think that Scaccarium is so called à similitudine ludi Scaccorum that is the play of the Chests because many persons meet in the Chequer pleading their causes one against the other as if they were fighting in arraied battel Others think that it cometh from an old Saxon word Scata as writeth S. Thomas Smith which signifieth Treasure taxation or Imposts whereof account is made in the Chequer This Court consisteth as it were of two parts whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers anciently called Scaccarium computorum as Ockam testifieth in his lucubrations the other is called the receipt of the Exchequer which is properly imployed in the receiving and payment of money Crompton in his Jurisdictions fol. 105. defineth it to be a Court of Record wherein all causes touching the revenues of the Crown are handled The officers belonging to both these you may find named in M. Camddens Britannia cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled in Westminster was in divers Counties of Wales anno 27 H. 8. cap. 5. but especially cap. 26. Escheate Eschaeta cometh of the French escheoir i. cadere accidere excidere and signifieth in our Common law any lands or other profits that fall to a Lord within his Manor by way of forfeiture or the death of his Tenent dying without Heir general or especial or leaving his Heir within age or unmarried Magna Charta c. 31. Fitzh nat br f. 143. T c. Escheat is also used sometime for the place circuit within the which the King or other Lord hath escheats of his Tenents Bracton lib. 3. tract 2. cap. 2. pupilla oculi parte 2. cap. 22. Escheat thirdly is used for a VVrit which lieth where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord dyeth seised without Heir general or especial For in this case the Lord bringeth this VVrit against him that possesseth these Lands after the death of his Tenentâ— and shall there by recover the same in lieu of his services Fitzh nat br fol. 144. These that we call Escheats are in the Kingdom of Naples called Excadentia or bona excadentiala as Baro locat excadentias eo modo quo locatae fuerunt ab antiquo it a quod in nullo debita servitia minuantur non remittit Gallinam debitam Jacobutius de Franchis in praeludiis ad feudorum usum tit 1. num 29. num 23. v. Maramae singularia verbo Excademia And in the same signification as we say the Fee is escheated the Feudists use feudum aperitur lib. 1. feudal titulo 18. § 2. titul 15. titul 26. § 4. Escheatour Escaetor cometh of Escheat and signifieth an officer that observeth the Escheats of the King in the County whereof he is Eseheatour and certifieth them into the Exchequer This officer is appointed by the L. Treasurer and by Letters Patents from him and contineth in his office but one year neither can any be Escheatour above once in three years anno 1 H. 8. cap. 8. anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace See anno 29 Ed. 1. The form of the Escheatours oath see in the Register original fol. 301. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a Record Officium escaetriae is the Escheatourship Regist orig fol. 259. b. Escuage Scutagium cometh of the French escu i. clypeus a buckler or shield In our Common law it signifieth a kind of Knights service called service of the Shield whereby the Tenent holding is bound to follow his Lord into the Scotish or Welsh wars at his own charge for the which see Chivalrie But note that Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights service being subject to homage fealty ward and marriage so called because it is uncertain how often a man shall be called to follow his Lord into those wars and again what his charge will be in
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his Lands if he hold any by Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh not is the Guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service hold in capite or of another Lord or some of the King and some of another If of the King whether of the King alone or not all is one For the King in this case is Guardian to the heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold of a common Lord it is either of one alone or more if of one onely then is he Guardian of both person and Lands if of more then the Lord of whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the Land holdeth The second him that hath the right by his inheritance and seignorie Old nat br fol. 94. Then is there Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear the same title on the opposite part of the Sea whose office was to strengthen the Sea Coasts with Munition against the outrages and robberies of the Barbarians And farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the Court with parties sufficient throughly to determine the cause because untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self 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 cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own 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 Chancery directed to the said Justices for the removing of the Inditement into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. jud fol. 81. where you shall find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of the habendum is to limit the estate so that the general implication of the estate which by construction of law 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 general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth where a man hath recovered lands in the Kings Court directed to the Sheriff and commanding him to give him seisin of the land recovered Old nat br fol. 154. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo Fines Sect. 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of lands to the Lord of the Fee after the King hath taken his due of his lands that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed 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 heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
words Billa vera or disallow by writing Ignoramus such as they doe approve if they touch Life and Death are farther referred to another Jury to be considered of because the case is of such importance but others of lighter moment are upon their allowance without more work fined by the Bench except the party travers the Inditement or challenge it for insufficiency or remove the cause to a higher Court by Certiorari in which two former cases it is referred to another Jury and in the latter transmitted to the higher Lamb. Eir. li. 4. ca. 7. and presently upon the allowance of this Bill by the Grand Enquest a man is said to be indited Such as they disallow are delivered to the Bench by whom they are forthwith cancelled or torn The Petit Iury consisteth of twelve men at the least and are empaneled as well upon criminal as upon civil causes those that passe upon offences of Life and Death doe bring in their verdict either guiltie or not guilty wherupon the Prisoner if he be found guilty is said to be convicted and so afterward receiveth his judgement and condemnation or otherwise is acquitted and set Free Of this read Fortes cap. 27. Those that passe upon civil causes real are all or so many as can conveniently be had of the same Hundred where the land or tenement in question doth lie and four at the least And they upon due examination bring in their verdict either for the Demandant or Tenent Of this see Fortescue cap. 25 26. According unto which judgement passeth afterward in the Court where the cause first began and the reason hereof is because these Justices of Assise are in this case for the ease of the Country only to take the verdict of the Jury by the vertue of the writ called Nisi prius and so return it to the Court where the cause is depending See Nisi prius Joyn with this the chapter formerly cited out of the Custumary of Normandie and that of King Etheldreds laws mentioned by Master Lamberd verbo Centuria in his explication of Saxon words And by these two words you shall perceive that as well among these Normans as the Saxous the men of this Jury were Associates and Assistants to the Judges of the Court in a kind of equalitie whereas now adayes they attend them in great humility and are as it were at their command for the service of the Court the words set down by M. Lamberd are these In singulis centuriis comitia sunto atque liberae conditionis viri duodeni aetate superiores un à cum praeposito sacra tenentes juranto se aedeo virum aliquem innocentem hand condemnaturos sontemve absoluturos to this joyn also the 69. chapter of the said Custumary See Enquest See 12. Men. See Lamberds Eirenarch lib. 4. cap. 3. pag. 384. Juris utrùm is a writ that lieth for the incumbent whose predecessour hath alienated his lands or tenements the divers uses of which writ see in Fitzh nat br fol. 48. Jurisdictiou Jurisdictio 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 Jurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his fee The other is a Iurisdiction given by the Prince to a Bayliff this division I have in the Custumary of Normandie cap. 2. which is not unapt for the practice of our Commonwealth for by him whom they call a Bayliff wee may understand all that have commission from the Prince to give judgement in any cause The Civilians divide jurisdictionem generally in imperium jurisdictionem and imperium in merum et mixtum Of which you may read many especiall tractats written of them as a matter of great difficulty and importance Justes cometh of the French Joustes i. decursus and signifieth with us contentions between Martial men by speares on horsback anno 24 H. 8. cap. 13. Justice Justiciarius is a Freneh word and signifieth him that is deputed by the King to doe right by way of judgement the reason why he is called Justice and not Judex is because in ancient time the latine word for him was Justitia and not Justiciarius as appeareth by Glanv lib. 2. cap. 6. Roger Hoveden part poster suorum annalium fo l 413. a. and divers other places which appellation we have from the Normans as appeareth by the Grand Custumary cap. 3. And I doe the rather note it because men of this function should hereby consider that they are or ought to be not Justi in their judgements but in abstract ipsa justitia howbeit I hold it well if they perform their office in concreto Another reason why they are called Justiciari◠with us and not Judices is because they have their authority by deputation as Delegates to the King and not jure magistratus and therefore cannot depute others in their stead the Justice of the Forest only excepted who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices of these Justices you have divers sorts in England as you may perceive here following The manner of creating these Justices with other appurtenances read in Fortescue cap. 51. Justice of the Kings bench Justiciarius de Banco Regis is a Lord by his office and the chief of the rest wherefore he is also called Capitalis Justiciarius Angliae his office especially is to hear and determine all plees of the Crown that is such as concern offences committed against the crown dignity and peace of the King as treasons felonies mayhems and such like which you may see in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled The plees of the Crown from the first chapter to the fifty one of the first Book But either it was from the beginning or by time is come to passe that he with his Assistants heareth all personal actions and real also if they be incident to any personal action depending before them See Cromptons jurisd fol. 67. c. Of this Court Bracton lib. 3. ca. 7. nu 2. saith thus Placita vero civilia in rem personam in Curia domini Regis terminanda coram diversis Justiciariis terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet unam propriam sicut aulam regiam justiciariios capitales qui proprias causos Regis terminant aliorum omnium par querelam vel per privilegium sive libertatem ut si sit aliquis qui implacitari non debeat nisi coram domino Rege This Justice as it seemeth hath no patent under the broad Seal For so Cromp. saith ubi supra He is made only by Writ which is a short one to this effect Regina Johanni Popham militi salutem Sciatis
of summs under forty shillings Crompton fol. 231. agreeth with him It is called a Justicies because it is a commission to the Sheriff ad Justiciandam aliquem to doe a man right and requireth no return of any certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. maketh mention of a Justicies to the Sheriff of London in a case of Dower See the new book of Entries Justicies Justification Justificatio is an upholding or shewing a good reason in Court why he did such a thing as he is called to answer as to Justifie in a cause of Replevin Broke titulo Replevin KE KEeper of the great Seal Custos Magni Sigilli is a Lord by his Office and called Lord-Keeper of the great Seal of England c. and is of the Kings privy Councel under whose hands pass all Charters Commissions and Grants of the King strengthened by the great or broad Seal Without the which Seal all such Instruments by Law are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmly but under the said Seal This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place authority preheminence Jurisdiction execution of Laws and all other Customes Commodities and advantages as hath the Lord Chancellor of England for the time being Keeper of the privy Seal Custos privati Sigilli is a Lord by his Office under whose hands pass all Charters signed by the Prince before they come to the broad or great Seal of England He is also of the Kings privy Councell He seemeth to be called Clerk of the privy Seal anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office by reason the Prince thinketh good rather to keep his Seal in his own hands and by private trust to commit it to his principal Secretary or some such one of his Councel 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 Chief Warden of the Forest Manwood parte prim of his Forest laws pag. 156. c. and hath the principal government of all things belonging thereunto as also the check of all Officers belonging to the Forest And the Lord Chief Justice in Eyr of the Forest when it pleaseth him to keep his Justice Seat doth forty daies before send out his general Summons to him for the warning of all under Officers to appear before him at a day assigned in the Summons This see in Manwood ubi supra KI King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifying him that hath the highest power and absolute rule over our whole Land and thereupon the King is in intendment of Law cleared of those defects that Common persons be subject unto For he is alwaies supposed to be of full age though he be in years never so young Cromptons Jurisdictions fol. 134. Kitchin fol. 1. He is taken as not subject unto death but is a Corporation in himself that liveth ever Crompton ibidem Thirdly he is above the Law by his absolute power Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws he do admit the three Estates that is Lords Spiritual Lords Temporal and the Commons unto Counsel yet this in divers learned mens opinions is not of constraint but of his own benignity or by reason of his promise made upon oath at the time of his Coronation For otherwise were he a Subject after a sort and subordinate which may not be thought without breach of duty and loyalty For then must we deny him to be above the Law and to have no power of dispersing with any positive law or of granting especial Privileges and Charters unto any which is his only and clear right as Sir Thomas Smith well expresseth lib. 1. cap. 3. de Repub. Anglica and Bracton lib. 2. cap. 16. num 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity except such as he bindeth himself by Oath not to forgive Stawnf pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua Bracton l. 2. c. 24. nu 1. And though at his Coronation he take an Oath not to alter the laws of the Land yet this Oath notwithstanding he may alter or suspend any particular Law that seemeth hurtfull to the publique Estate Blackwood in Apologia Regum cap. 11. See Oath of the King Thus much in short because I have heard some to be of opinion That the Laws be above the King But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which look 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 Testimony of any thing done in his presence is of as high nature and credit as any Record Whence it commeth that in all Writs or Precepts sent out for the dispatch of Justice he useth none other Witness but himself alwaies using these words under it Teste me ipso Lastly he hath in the right of his Crown many Prerogatives above any common person be he never so potent or honorable whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made anno 17 Ed. 2. though that contain not all by a great number What the Kings power is read in Bracton lib. 2. cap. 24. nu pri 2. King of Heralds Rex Haraldorum 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 Judgement Seat where the King of England was wont to sit in his own person and therefore was it moveable with the Court or Kings houshold And called Curia Domini Regis or Aula Râ—gia as Master Gwin reporteth in the Preface to his Readings and that in that and the Exchequer which were the only Courts of the King untill Henry the Thirds dayes were handled all matters of Justice as well Civil as Criminal whereas the Court of Common Plees might not be so by the Statute anno 9 H. 3. cap. 11. or rather by Master Gwins opinion was presently upon the grant of the great Charter severally erected This Court of the Kings bench was wont in ancient times to be especially exercised in all Criminal matters and Plees of the Crown leaving the handling of private contracts to the County Court Glanvil lib. 1. cap. 2 3 4 lib. 10. cap. 18. Smith de Repub. Anglicana lib. 2. cap. 11. and hath President of it the Lord
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull that the place of the battery should be set down as material in the Declaration or if it be set down that the Defendant should traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
emphyteusin ut culti et meliorati feudi jure à vasallis possiderentur In contractu autem vasalli nonnunquam incrementum i. melior ationem omnem sive recipsebant sive per culturam sive per inaedificationem ea melioratio fieret c. And Cassaneus de consuetnd Burg. pa. 1195 defineth it thus Mansus est quantum quis cum uno pari bonum laborare possit Proving it out of Bartolus in lib. si ita Ï€. de auro argen legato in fine ligis Read Master Skene de verb. signif verbo Mansus I read the Lacine word mansia in the same signification as namely in the Charter graunted by King Kanulphus to Ruchin the abbot of Abington which Sir Edward Cook setteth down in his book de Jure regis ecclesiastico Manslaughter homicidium is the unlawfull killing of a man without prepensed maice as when two that formerly meant no harm one to another meet together and upon some sudden occasion falling out the one killeth the other West parte 2. symb titulo Inditements sect 44. it differeth from murther because it is not done with foregoing malice and from chance-medly because it hath a present intent to kill And this is selony but admitteth Clergy for the first time Stawnf bl Cor. li. 1. ca. 9. and Britton cap. 9. It is confounded with murther in the Statute an 28 Ed. 3. ca. 11. Mantyle mantile commeth of the French manteau and signifieth with us a long robe an 24 H. 8. ca. 13. Manucaptio is a writ that lieth for a man who taken for suspition of felony and offering sufficient Bayl for his appearance cannot be admitted therunto by the Sheriff or other having bower to let to mainprise Fitz. nat brev fol. 249. See Mainprise How diversly it is used see the Register original in the Table Manuel manuelis is a thing whereof present profit may be made Stawnf praerog fo 54. And a thing not manuel is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission manumissio is a freeing of a Villein or slave out of his bondage The form of this in the time of the Conqueror Master Lambert in hi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth down in these words Si quis velit servum suum liberum facere tradat eum Vicecomiti per manum dexteram in pleno comitatu et quietum illum clamare debet à jugo servitutis suae per manumissionem et ostendat ei liberas portas et vias et tradat illi libera arma scilicet lanceam et gladâ—um et deinde liber homo efficitur Some also were wont to be manumitted by Charter of manumission Vide Brook titulo Villenage fol. 305. The new Expositour of Law Terms maketh two kinds of manumission one expressed another implyed Manumission expressed is when the Lord maketh a Deed to his Villein to infranchise him by this word Manumittere The manner of manumitting in old time was thus The Lord in presence of his neighbours took the bond-man by the head saying I will that this man be free and therwith shoved him forward out of his hand Manumission implyed is when the Lord maketh an obligation for payment of money to him at a certain day or sueth him where he might enter without sure or graunteth him an Annuity or leaseth land unto him by Deed for years or for life and such like Manutenentia is a writ used in case of maintenance Reg. original fo 182 et 189. See Maintenance Marches Marchia be the bounds and limits between us and Wales or between us and Scotland anno 24 Hen. 8. cap. 9. Camb. pag. 453 and 606. and the marches of Scotland are divided inâ—o West and middle Marches anno 4 Henr. 5. cap. 7. et anno 22 Edward 4. cap. 8. It seemeth to be borrowed from the German March i. limes Camdens Britan. pa. 27. or it may be from the French Marque id est signum being the notorious distinction of two divers countries or Territories It is used in the Statute anno 24 Hen. 8. cap. 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 Camden sayth pag. 453 had their private laws much like as if they had been Kings which now be worn out Of these Marchers you may read anno 2 H. 4. ca. 18. et anno 26 Hen. 8. cap. 6. and anno 1 Edward 6. ca. 10. where they are called Lord Marchers See an 27 H. 8. ca. 26. how these were extinguished Mareshall Marescallus is a French word signifying as much as Tribunus scelerum or Tribunus militum with the antient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de nobilitate c. 8. p. 42. n. 17. The French word may seem also among many other that they have to proceed from the German Marschalk id est equitum magister which Hotomon in verbis feudalibus verbo Marschalkus deriâ—eth from the old word March signifying an house With whom agreeth Lupanus de Magistratibus Franciae lib. 1. cap. Marcshallus Others make it of these two Saxon words Mar id est equus and scalch id est praefectus Or as Master Verstegan faith from Mare the general appellation of all horses as Horse is now in English and Scalc which in the antient language of the Netherlanders he affirmeth to signifie a kind of servant as Scalco doth at this day among the Italians being originally a Dutch word With us there be divers officers of this name but one most noble of all the rest who is called Lord or Earl Marshal of England of whom mention is made in divers Statutes as an 1 H. 4. cap. 7 et 14. and anno 13 Ri h. 2. cap. 2. his office consisteth especially in matters of warr and Armes as well with us as in other Countries whereof you may read in Lupanus ubi supra and Tilius lib 2. cap. de Conestabili Mariscallo c. But he that would know the office of our Lord Marshal had need beside the few Statutes which concern him to read his Commission and also to have accesse to the Heraulds who out of their antiquities are able to discover much that by prescription belongeth unto this office The next to this is the Marshal of the Kings house whose especial authority is according to Britton and M. Gwin in the preface to his reading in the Kings place to hear and determine all plees of the Crown and to punish faults committed within the verge and to hear determine sutes between those of the Kings houshold and others within the verge Cromp. Jurisdictions f. 102. Of him you may read Fitz. nat br f. 241. b. an 18 Edward 3. stat 2. ca. 7. and an 27 Edw. 3. stat 2. ca. 6. and an 2 H. 4. c. 23. and an 15 H. 9. ca. 1. Fleta saith That the office of the Marshal of the
in Chancery to the L. Chancellor or L. Keeper of the Broad Seal in matters of Judgment Of these there be some ordinary and some extraordinary of ordinary there be twelve in number whereof some sit in Court every day throughout each Term and have committed unto them at the Lord Chancellors discretion the interlocutory report and sometimes the final determination of causes there depending Master of the Kings Musters is a Martial Officer in all royal armies most necessary as well for the maintaining of the Forces compleat well armed and trained as also for prevention of such frands as otherwise may exceedingly waste the Princes Treasure and extremely weaken the Forces He hath the oversight of all the Captains and Bands and ought to have at the beginning delivered unto him by the Lord General perfect Lists and Rolls of all the forces both horse and foot Officers c. with the rates of their allowances signed by the Lord General for his direction and discharge in signifying warrants for their full pay This Officer is mentioned in the Statute anno 2 Edw. 6. cap. 2. and Muster master general anno 35 Eliz. cap. 4. who so desireth to read more of him let him have recourse to Master Digs his Stratioticos Master of the Wardrobe magister garderobae is a great and principal Officer in Court having his habitation and dwelling house belonging to that Office called the Wardrobe near Puddle wharfe in London He hath the charge and custody of all former Kings and Queens ancient robes remaining in the Tower of London and all Hangings of Arras Tapestrie or the like for his Majesties houses with the bedding remaining in standing Wardrobes as Hampton Court Richmond c. He hath also the charging and delivering out of all either Velvet or Scarlet allowed for Liveries to any of his Majesties Servants of the Privy Chamber or others Mention is made of this Officer anno 39 Elizab. cap. 7. Matterin deed and matter of record are said to differ Old nat brev fol. 19. where matter in deed seemeth to be nothing elle but a truth to be proved though not by any Record and matter of Record is that which may be proved by some Record For example if a man be sued to an exigent during the time he was in the Kings warrs this is matter in deed and not matter of record And therefore saith the book he that will allege this for himself must come before the Scire facias for execution be awarded against him For after that nothing will serve but matter of Record that is some errour in the processe appearing upon the Record Kitchin fol. 216. maketh also a difference between matter of Record and a specialty and nude matter where he saith that nude matter is not of so high nature as either a matter of Record or a specialty otherwise there called matter in deed which maketh mee to think that nude matter is a naked allegation of a thing done to be proved only by witnesses and not either by Record or other specialtie in writing under Seal Maugre is shuffled up of two French words Mal and Gre i. animo iniquo it signifieth with us as much as in despight or in desof ones teeth as the wife maugre the husband Litleton fol. 124. that is whether the husband will or not ME Meane Medius signifieth the middle between two extreams and that either in time or dignity Example of the first his action was mean betwixt the disseisin made to him his recovery that is in the interim Of the second there is Lord Meane and Tenent See Mesn Mease Mesuagium seemeth to come of the French Maison or rather Meix which word I find in Cassanaeus de consuet Burgund pag. 1195. and interpreted by him Mansus what Mansus is see Mansion it signifieth house Kitch fol. 239. and Fitz. nat br fo 2. C. See Mesuage Medlefe Cromptons Justice of peace fol. 193. is that which Bracton calleth medletum li. 3. tract 2. cap. 35. It seemeth to signifie quarrels scuffling or brawling and to be derived from the French mesler i. miscere turbare Meere Merus though an Adjective yet is it used for a Substantive signifying meere right Old nat br fol. 2. in these words And know yee that this Writ hath but two issues that is to say joyning the mise upon the meere And that is to put himself in the great assise of our Sovereign Lord the King or to joyn battel See Mise Mesurement See Admesurement Medietas linguae signineth an enquest empaneled upon any cause whereof the one half consisteth of Denizens the other of Stranggers It is called in English the half tongue and is used in Plees wherein the one party is a Stranger the other a Denizen See the Stat. an 28. Ed. 3. cap. 13. an 27. ejusdem stat 2. c. 8. commonly called the Statute of the Staple et an 8. H. 6. cap. 29. et anno 2 H. 5. cap. 3. anno 11 H. 7.21 anno 1. 2. Phil. et Mar. cap. 8. And before the first of these Statutes was made this was wont to be obtained of the King by grant made to any company of Strangers as Lombards Almaines c. Stawnford pl. cor lib. 3. cap. 7. Medio acquietando is a writ judicial to destrain a Lord for the acquitting of a mean Lord from a rent which he formerly acknowledgeth in Court not to belong unto him Register judicial fol. 29. b. Melius inquirendo is a writ that lieth for a second inquiry as what lands and tenements a man died seised of where partiall dealing is suspected upon the writ Diem clausit extremum Fitz. nat br fol. 255. Merchenlage was one of the 3. sorts of laws out of which the Conq. framed Laws unto us mingled with those of Normandie Camd. Brit. p. 94. who also p. 103. sheweth that in the yeer of our Lord 1016. this land was divided into three parts whereof the West Saxons had one governing it by the Laws called West Saxon Laws and that conteined these nine Shires Kent Southsex Southrey Barkeshire Hampshire Wiltshire Somerset Dorset and Devonshire The second by the Danes which was governed by the Laws called Denelage and that conteined these fifteen Shires York Darby Nottingham Liecester Lincolne Northampton Bedford Buckingham Hartford Essex Middlesex Northf Southf Cambridge Huntington The Third was ponessed and governed by the Mercians whose Law was called Merchenlage which were these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford See Law Mercy Miserecordia signifieth the arbitrement or descretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grievous mercie of the King anno 11 H. 6. cap. 6. is to be in hazard of a great penalty See Misericordia Measondue domus Dei cometh of the French maison de dieu by which names divers Hospitals are named You find the word anno 2 3. Philip et Mar. cap. 23. in fine
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
duty in mony to be paid by the Sheriff upon his account in the Exchequer anno secundo tertio Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus tromptus expeditus for that it bindeth those that have received it to be ready at all times appointed Primage is a duty due to the Mariners and Saylers for the loading of any ship at the setting forth from any Haven anno tricesimo secundo Henrici octavi capitulo decimo quarto Primier seisin prima seisina ad verbum signifieth the first possession It is used in the Common law for a branch of the Kings Prerogative whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief whereof his tenant dyed seised in his demeasn as of fee and so consequently the rents and profits of them untill the heir if he be of age do his homage if he be under years untill he come to years See Stawnf praerog capite tertio Bracton libro quarto tract 3. cap. prim Primo beneficio See Beneficio Prince Princeps is a French word and taken with us diversly sometime for the King himself but more properly for the Kings eldest son who is Prince of Wales as the eldest Son to the French King is called Dolphire both being Princes by their nativity Master Fern in the glory of generosity page 138. For Edward the first to appease the tumultuous spirits of the Welch-men who being the antient Indigene of this Land could not in long time bear the yoak of us whom they call Strangers sent his wife being with child into Wales VVhere at Carnarvan she was delivered of a Son thereupon called Eaward of Carnarvan and afterward asked the VVelsh-men seeing they chought much to be governed by strangers if they would be quietly ruled by one of their own nation who answering him Yea Then quoth he I will appoint you one of your own Country-men that cannot speak one word of English and against whose life you can take no just exception and so named unto them his son born in Carnarvan not long before From which time it hath continued that the Kings eldest Son who was before called Lord Prince St ronf praerog cap. 22. fol. 75. hath been called Prince of Wales Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester anno 21 Rich. 2. cap. 9. See County palatinâ— and Cromptons divers jurisdictions fol. 137. Prior perpetual or dative et removeable an 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Johns of Jerusalem anno 26 H. 8. cap. 2. Priors aliens Priores alieni were certain religious men born in France and governours of religious houses erected for outlandish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in France and therefore suppressed Whose livings afterwards by Henry the sixth were given 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 colleges called the Kings Colleges of Cambridge and Faton Priority prioritas signifieth in our common law an antiquity of tenure in comparison of another not so antient As to hold by priority is to hold of a Lord more antiently than of another Old nat br fol. 94. So to hold in posteriority is used by Stawnf praerog cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification The Lord of the priority shall have the custody of the body c. fol. 120. If the tenent hold by priority of one and by posteriority of another c. To which effect see also Fitzh nat br fol. 142. Bartolus in his Tractate de insigniis et armis useth these very words prioritas et posterioritas concerning two that beat one coat armour Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno 1 H. 8. cap. 5. is a word almost out of use now called Butlerage it is a custome whereby the Prince challengeth out of every bark loaden with wine containing less than forty tun two tun of wine at his price Prise prisa commeth of the French prenare i. capere It signifieth in our Statutes the things taken by purveyours of the Kings subjects As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25 ejusdem cap. 5. Register origin folio 117. b. Prisoner priso commeth of the French prisonnâ—er and signifieth a man restrained of his liberty upon any action civil or criminal or upon commandement And a man may be prisoner upon matter of Record or matter of fact prisoner upon matter of record is he which being present in Court is by the Court committed to prison only upon an arest be it of the Shyreeve Constable or other Stawnf pi cor li. pri ca. 32. fo 34 et 35. Privie commeth of the French privè i. familiaeris and signifieth in our Common law him that is partaker or hath an interest in any action or thing as privies of bloud Old nat br fol. 117. be those that be linked in consanguinity Every heir in tayl is privy to recover the land intayled eodem fol. 137. No privity was between me and the tenent Littleton fol. 106. If I deliver goods to a man to be carried to such a place and he after he hath brought them thither doth steal them it is felony because the privity of delivery is determined as soon as they are brought thither Stawn pl. co lib. prim cap. 15. fol. 25. Merchants privy be opposite to Merchants strangers anno 2 Edw. tertii cap. 9. cap. 14. anno ejusdem stat 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies as privies in estate privies in deed privies in law privies in right and privies in blood And see the examples he giveth of every of them See Perkins Conditions 831 832 833. and Sir Edward Cook lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh four kinds of privies viz. privies in bloud as the heir to his Father c. privies in representation as executors or administratours to the deceased privies in estate as he in the reversion and he in the remainder when land is given to one for life and to another in fee the reason is given by the Expositour of law-terms for that their estates are created both at one time The fourth sort of privies are privies in tenure as the Lord by escheat that is when the land escheateth to the Lord for
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
Councellors as the case may require Solet et debit See debet solet Solidata terrae See Farding deal of land Solace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our Common law as much as vocatio in jas or ciatio among the Civilians And thence is our word somner which in French is semoneur i. vocator monitor The Customary of Normandy for our summons hath semonse ca. 61. summons of the Exchequer anno 3 Edw. 1. cap. 19. anno 10. ejusdem cap. 9. How summons is divided and what circumstances it hath to be observed See Fleta li. 6. cap. 6 7. Sollutione feods militis Parlamenti and solutione feodi Burgen Parlamenti be Writs whereby Knights of the Parliament may recover their allowance if it be denied an 35 H. 8. ca. 11. Sontage Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kersies 3 Jacob. cap. 16. Sothale is a kind of entertainment made by Bayliffs to those of their hundreds for their gain Which sometime is called Filctable Of this Bracton lib. 3. tractat 1. cap. prim hath these words De Ballivis qui faciunt cervicias suas quas quandoque vocant sothail quandoque fictale ut pecunias extorqueant ab iis qui sequntur Hundreda sua et Balvas suas c. I think this should rather be written Scotale See Scotale Southvicont Sub vicecomes is the undersheriff Cromptons Jurisd fol. 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their Art signifying so much as to be leviable or possible to be gathered or collected For example Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he can gather anno 4 H. 5. cap. 2. SP Speaker of the Parliament is an Officer in that high Court that is as it were the common mouth of the rest and as the honourable assembly consisteth of two Houses one called the Higher or Upper House consisting of the King the Nobility and Kings Councell especially appointed for the same the other termed the Lower or Common House containing the Knights of the Shires the Citizens Barons of the Cinque Ports and the Burgesses of Borough Townes so be their also two Speakers one termed the Lord Speaker of the Higher House who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other is called the Speaker of the Lower House And the duties of these two you have particularly described in M. Vowels alias Hookers Book intituled The order and usage of keeping the Parliament Speciall matter in evidence See Generall Issue And Brook tit Generall issue and speciall evidence Spiritualities of a Bishop spiritualia Episcopi be those profits which he receiveth as he is a Bishop and not as he is a Baron of the Parliament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefit growing from ordering and instituting Priests prestation Money that subsidium charitativum which upon reasonable cause he may require of his Clergie Johannes Gregorius de Beneficis cap. 6. num 9. and the Benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. cap. 14. num 14. for these reckoneth Exactionem Cathedratic quartam Decimarum mortuariorum et oblationum pensitationem subsidium obaritativum celebrationem Spuedi collationem viatici vel commeatus oum Episcopus Romam proficiscitur jus Hospitii Litaniam et Processionem Spickenard spica nardi vel nardus is a medicinal herb whereof you may for your further instruction read Gerards Herball lib. 2. cap. 425. The fruit or eare of this for it bringeth forth an care like Lavender is a drug garbable anno 1. Jacob. 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 Person be made a Bishop and hath despensation to keep his Rectory and afterward the Patron present another to the Church which is instituted and inducted The Bishop shall have against this Incumbent a writ of Spolatio in curt Christian Fitzherbert nat br fol. 36. See Benevolence SQ Squalley anno 43. Elizab. b. cap. 10. Squyres See Esquires ST Stable stand is one of the four Evidences or presumptions whereby a man is convinced to intend the stealing of the Kings Dear in the Forest Manwood parte 2. of his Forest Lawes cap. 18. num 9. the other three be these Dogdrawe Backbear Bloudy hand And this Staplestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoot at any Deer or with a long Bowe or else standing close by a Tree with Greyhounds in a lease ready to slip Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. et anno 17. ejusdem cap. 9. Stallage Stallagium commeth of the French Estaller i. merces expenere expedire explicare It signifieth in our Common law money paid for pitching of stalls in Fair or Market See Scavage This in Scotland is called stallange Skene de verbor signific verbo Stallangiatores And among the Romans it was termed Siliquaticum à siliqua primo et minimo omnium pondere apudâ—llam nationem Stannaries stannaria commeth of the Latin stannum i. tynne signifying the Mines and works touching the getting and purifying of this mettall in Cornwal and other places Of this read Camden Britan. pag. 119 The liberties of the stannarie men granted by Edw. 1. before they were abridged by the Statute anno 50 Edw. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that Town or Citie whether the Merchants of England by common order or commandement did carry their wools wool-fells cloathes lead and tinne and such like commodities of our land for the utterance of them by the great The word may probably be interpreted two waies one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamberd in his Duties of Constables num 4. because the place is certain and setled and again from the French estape i. forum vinarium because to those places whither our English Merchants brought their commodities the French would also meet them with theirs which most o all consisteth in Wines But I think this latter the truer because I find in the Mirrour of the world written in French these words A Calais y avotte Estape de le laine c. Which is as much to say as the staple for wools c. You may read of many places appointed for this staple in the statutes of the Land according as the Prince by his Councel thought good to alter them from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth cap. 7. VVhat
Officers the staples had belonging to them you may see anno 27 Edw. 3. stat 2. cap. 21. Star-Chamber Camera stellata is a Chamber at Westminster so called as Sir Thomas Smith conjectureth lib. 2. cap. 4. either because it is full of windows or cause at the first all the roof thereof was decked with Images of guilded Stars And the latter reason I take to be the truer because anno 25 Henry 8. capit prim It is written the Sterred Chamber In this Chamber every week twice during the term and the very next day after Term is there a Court held by the Lord Chancellor or Keeper and other honourable personages of the Realm This Court seemeth to have taken beginning from the Statute anno 3. Hen 7. ca. or Whereby it is ordained that the Lord Chancellor and Treasurer of England for the time being and the Keeper of the Kings Privy Seal or two of them calling to them a Bishop and a temporal Lord the Kings most Honourable Councel and the two chief lustices of the Kings Bench and Common place for the time being or other two lustices in their absence should have power to call before them and punish such misdoers as there be mentioned The saults that they punish be Routs Riots Forgerits Maintenances Embraceries Perjuries and such other Mislemeanours as are not sufficiently provided for by the Common law It appeareth both by Sir Thomas Smith li. 2. de Repub. Anglor ca. 4. and by experience also that at this day the whole number of the Princes most honourable Privy Councel and such other Barons spiritual or temporal as be called thither by the Prince have place in this Court with those above named Of this Court thus speaketh Master Gwin in the Preface to his readings It appeareth in our books of the Terms of King Edward 4. And of the Report of Cases hapning under the usurpation of Richard the third that sometime the King and his Councel and sometime the Lord Chancellor and other great personages did use to sit judicially in the place then and yet called the Star-Chamber But for as much as belike that Assembly was not ordinary therefore the next Kings Henry the seventh and his Son Henry 8. took order by two several laws viz. 3 Hen. 7. cap. pri 21 H. 8. ca. 2. That the Chancellor assisted with others there named should have power to hear complaints against Retainours Embraceours Misdemeanours of Officers and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Iudges are not so meet to give correction And because that place was before dedicated to the like service it hath been ever since accordingly used Touching the Officers belonging to this Court see Camden pag. 112. et 113. Statute statutum hath divers significations in our Common law First it signifieth a Decree or Act of Parliament made by the Prince and three Estates which is the body of the whole Realm And though it borrow the name from that kind of Decree which those Cities that were under the Roman Empire made for the particular Government of themselves over and above the universal or common law of the Empire yet in nature it commeth nearest to that which the Romans called Legem for that as that was made by the whole People Noble and Ignoble so this is ordained by those that represent the whole number both of Prince and subjects one and other through the whole Kingdome The difference neverthelesse was this that Lex was offered to the consideration of the People by the Magistrate of the Senate or Consull but the Bills or suggestions whence our Statutes spring are offered by any of either house and so either passed or rejected In this signification a Statute is either general or special Coke lib. 4. Hollands case fol. 76. a. Statute in another signification is a short speech taken for a bond as statute Merchant or statute staple anno 5 H. 4. cap. 12. The reason of which name is because these Bonds are made according to the form statutes expresly and particularly provided for the same which direct both before what Persons and in what manner they ought to be made west parte prim symbol lib. 2. Sect. 151. where he defineth a statute Merchant thus A Statute Merchant is a bond acknowledged before one of the Clarks of the statutes Merchant and Maior or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Maior chief Warden or Master of other Cities or good Towns or other sufficient men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two pieces the grater is kept by the said Maior chief Warden c. and the lesser peece thereof by the said Clarks The form of which bond you may see in Fleta lib. 2. cap. 64. § 2. to be such Noverint universi me N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. Anno Regni Regis c. et nisi fecers concedo quod currant super me et Haeredes meos districtio et poena provis in statuta Domini Regis edito apud Westm Datum London tali die anno supra dicto The fee for the same Seal is for statutes knowledged in Fairs for every pound an half-penny and out of Fairs a fording The execution upon statute Merchant is first to take the body of the Debtor if he be lay and can be found if otherwise then upon his Lands and goods The bond is founded upon the Statute anno 13 Ed. prim stat 4. Of this also as of the Statute staple see the new book of Entries verbo statute Merchant and read in Fleta ubi supra more touching this matter worth the reading Statute staple to use the very words of Master West is either properly so called or improperly A Statute staple properly so called is a Bond of Record knowledged before the Maior of the Staple in the presence of one of the two Constables of the same staple for which seal the fee is of every pound if the sum exceed not 100 pound and half peny and if it excced an 100 pound of every pound a farthing And by vertue of such Statute staple the Creditor may forthwith have execution of the body lands and goods of the Debtor and this is founded upon the Statute anno 27 Ed. 3. cap. 9. A Statute staple improper is a bond of Record founded upon the Statute anno 23 H. 8. cap. 6. of the nature of a proper Statute staple as touching the force execution thereof and knowledged before one of the chief Justices and in their absence before the Maior of the Staple and Recorder of London The forms of all these bonds or statutes see in West parte pri symb lib. 2. sect 152 153 154 155. Statutes is also
used in our vulgar talk for the petit Sessions which are yearly kept for the disposing of Servants in service by the Statute anno 5 Elizabeth cap. 4. See Recognisance Statute sessions otherwise called Petit Sessions are a meeting in every Hundred of all the Shires in England where of custome they have been used unto the which the Constables do repair and others both Housholders and servants for the debating of differences between Masters and their Servants the rating of Servants wages and the bestowing of such people in Service as being fit to serve either refuse to seek or cannot get Masters anno 1 Eliz. cap. 4. Statu'o stapulae is a writ that lyeth to take his body to Prison and to seise upon his Lands and goods that hath forfeited a bond called Statute staple Regist orig fol. 151. a. Statutam de laborariis is a writ Iudicial for the apprehending of such labourers as refuse to work according to the Statute Reg. judi fol. 27. b. Statuto Mercatorio is a writ for the imprisoning of him that hath forfeited a bond called the Statute Merchant untill the debt be satisfied Regist origin fol. 146. b. and of these there is one against Lay persons ubi supra and another against Ecclesiastical 148. Stavisaker staphis agria vel herba pedicularis is a medicinable herb the kind and vertues thereof you have set forth in Gerards Herbal lib. 1. cap. 130. The seed of this is mentioned among drugs to be garbled anno 1 Jacob. ca. 19. Stenrerie is used for the same that Stannaries be in the statute anno 4 H. 8. cap. 8 See Stannaries Sterling Sterlingum is a proper epitheton for mony currant within the Realm The name groweth from this that there was a certain pure Coyn stamped first of all by the Easterlings here in England Stows Annals pag. 112. The which I rather believe because in certain old Monuments of our English and broken French I find it written Esterling so Roger Hoveden writeth it parte poster annalium fol. 377. b. M. Skene de verborum sipnific verbo Sterlingus saith thus Sterling is a kind of weight containing 32 corns or grains of wheat And in the Canon law mention is made of five shilling sterling and of a merk sterling ap 3. de arbitriss c. constituit 12. de procurator And the sterling peny is so called because it weighs so many grains as I have sundry times proved by experience and by the law of England the peny which is called the sterling round and without clipping weigheth 32 grains of wheat without tails whereof twenty make an ounce and 12 ounces a pound and eight pound make a gallon of wine and eight gallons maketh a bushell of London which is the eighth part of a quarter Hitherto M. Skene Buchanan lib. 6. saith that the common People think it so termed of Sterling a Town in Scotland Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth was ingraven in one quarter of the coin so termed cap. Item quia de testamentis vaerb Cent. solides in Glos Stews are those places which were permitted in England to women of prosessed incontinency for the proffer of their bodies to all commers it is derived from the French Estuves i. thermae vaporarium Balneum because wantons are wont to prepare themselves to these venerous acts by bathing themselves And that this is not new Homer sheweth in the 8 book of his Odiss where he reckneth hot bathes among the effeminate sort of pleasures Of these stewes see the statute anno 11 Hen 6. ca. pri Steward See Seneschall and Stuward Steward of the Kings house an 25 Ed. 3. statute 5. cap. 21. Stily ard Guilda Theutonicorum anno 22 H. 8. ca. 8. et anno 32 ejusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almain an pri Ed. 6. cap. 13. are wont have their abode See Geld. It is so called of a broad place or Court wherein Steel was much sold upon the which that house is now founded Nathan Câ—itraeus See Hawnse Stone of wool Petra lanae see Weights See Sarpler It ought to weigh 14 pounds yet in some places by custome it is more See Cromptons Justice of peace f. 83. b. Straife aliâs Stray See Estry Straits anno 18 H. 6. ca. 16. Streme works is a kind of work in the Stanaries for saith M. Camden titulo Cornwall pa. 119. Horum Stanarioâ—um five metallicorum operum duo sunt genera Alterum Lode-works alterum streme works vo cant Hoc in lecis inferioribus est cum Fossis agendis stanni venas sectantur et fluvierum alveos subinde defl ctunt illud in locis aeditiorsbus cum in montibus puteor quod Shafts vcc in t in magnam attitudinem defodiunt et cuniculos agunt These you may read mentioned an 27 H. 8. cap. 23. Stirks Strip See Estreapement SU Suard aliâs steward senescallus seemeth to be compounded of Steed and ward and is a word of many applications yet alway signifieth an officer of chief account 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 have read is next to the Kings and of that height that it might in some sort match the Ephori amongst the Lacedemonians The custom of our Common-wealth hath upon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but only for the dispatch of some especiall businesse at the arraignment of some Nobleman in the case of treason or such like which once ended his Commission expireth Of the high Steward of Englands Court you may read Cromptons Jurisd f. 28. I have read in an antient Manuscript of what credit I know not that this Officer was of so great power in antient times that if any one had sought justice in the Kings Court and not found it he might upon complaint therof made unto him take those Petitions and reserving them to the next Parliament cause them there to be propounded and not only so but also in the presence of the King openly to rebuke the Chancellor or any other Judge or officer whom he found defective in yeilding Justice And if in case the judge or Officer so reprehended did allege that his defect grew from the difficultie of the case insomuch as he durst not adventure upon it then the case being shewed and so â—ound the Lord Steward together wich the Constable of England there in the presence of the King and Parliament might elect five and twenty persons or more or fewer according to their discretion and the case or cases in question some Earls some Barons some Knights some Citizens and Burgesses which upon deliberation should set down what they thought just and equal and their decree being read and allowed by Parliament did
defined as when a servant killeth his Master or a VVife her Husband or when a secular or religious man killeth his Prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed see Cromptons Iustice of peace And this manner of treason giveth forfeiture of Escheats to every Lord within his own fee anno 25 Edw. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri et 2. Treason compriseth both high and petit treason anno 25 Ed 3. stat 3. ca. 4. Treasure trove Thesaurus inventus is as much as in true French Tresor trouve i. treasure found and signifieth in our Common law as it doth in the Civil law id est veterom depositionem pecuniae cujus non extat mâ—mâ—â—ia ut jam dominum non habcat l. 31. sect prim de acquir rerum Dom. Neer unto which definition commeth Braction lib. 3. tract 2. cap. 3. num 4. And this treaâ—ure â—ound though the Civil law do give it to the finder according to the law of nature yet the law of England giveth it to the King by his Prerogative aâ— appeareth by Bracton ubi supra And therefore as he also saith in the 6 Chapter it is the Coroners office to enquire thereof by the Country to the Kings use And Stawnford pl. cor lib. prim cap. 42. saith that in antient times it was doubtfull whether the concealing of treasure found were felony yea or not and that Bracton calleth it gravem praesumptionem et quasi crimen furti But the punishment of it at these daies as he proveth out of Fitzh Abridgement pag. 187. is imprisonment and fine and not life and member And if the owner may any waies be known then doth it not belong to the Kings Prerogative Of this you may read Brâ—ton also cap. 17. who saith that it is every Subjects part as soon as he hath found any treasure in the Earth to make it known to the Coroners of the County or to the Bailiff c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French treserier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose charge and government is all the Princes wealth contained in the Exchequer as also the check of all Officers any way imployed in the collecting of the Imposts Tributes or other Revenues belonging to the Crown Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his Office see anno 20 Edw. 3. cap. 6. et anno 31 Henr. 6. cap. 5. et anno 4 Edw. 4. cap. prim et anno 17 ejusdem cap. 5. et anno prim R. 2. cap. 8. et anno 21 Henr. 8. cap. 20. et anno pri Ed. 6. cap. 13. Ockams Lucubrations affirm that the Lord chief Iustice had this authority in times past and of him hath these words Iste excellens Sessor omnibus quae in inferiore vel superiore schaccio sunt prospicio Adnutum ipsius quaelibet officia subjects disponuntur sic tamen ut ad Domini Regis utilitatem justo perveniant Hic tameninter caterae videtur excellens quod potest his sub testimonio suo breve domini Regis fâ—cere fieri ut de thesauor quaelibet summa libixetur ved us computetur quod sibi ex Domini Regis mandato pranoverit computandum vel si maluerit breve suum sub aliarum testimonio faciet de his rebus This high Officer hath by varetie of his Office at this day the nomination of the Eschetors yearly throughout England and giveth the places of all Customers Controllers and Searchers in all the Ports of the Realm He sitteth in the Chequer Chamber and with therest of the Court ordereth things to the Kings best benefit He with the Barons may by Statute stall debts of three hundred pounds and under And by Commission from his Majesty he with others joyned with him letteth leases for lives or years of the lands that came to the Crown by the dissolution of Abbies He by his Office giveth warrant to certain men to have their wine without impost He taketh declaration of all the mony paid into the Receipt of the Exchequer and of all Receivers accompts Then is there a Treasurer of the King houshold who is also of the Privy Councel in the absence of the Steward of the Kings Houshold hath power with the Controller and the Steward of the Marshalsea without commission to hear and determine treasons misprisions of treasons murder homicide and blood shed committed within the Kings Pallace Stawnfopl cor l. 3. c. 5. In the statute an 28 R. 2. c. 18. et 11 H. 7. ca. 16. mention is made of the Treasurer of Calis In Westm. 2. cap. 8. of the Treasurer of the Exchequer et anno 27 Edw. 3. stat 2. cap. 18. et anno 35 Eliz. cap. 4. of the Treasurer of the Navy or Treasurer of the wars or garrisons of the Navy anno 39 El. 7. Treasurer of the Kings Chamber anno 26 H. 8. cap. 3. et anno 33 ejusdem cap. 39. Treasurer of the wars anno 7 Henr. 3. cap. prim anno 3. Honr. 8. cap. 5. Treasurer for the Chancery West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrope anno 15 Edw. 3. stat prim cap. 3. et anno 25 ejusdem stat 5. cap. 21. whose office you have well set out in Fleta lib. 2. cap. 14. Treasurer of the County for poor Souldiers anno 35 Eliz. cap. 4. And most Corporations through the Kingdom have an Officer of this name that receiveth their rents and disburseth their common expences Treat commeth of the French traire i. emulgere and signifieth in the Common law as much as taken out or withdrawn As a Iurour was challenged for that he might not dispend forty pounds and for that cause he was treat by the Statute Old nat br fol. 159. that is removed or discharged Bread of treat anno 51 H. 3. Statute of Bread c. what it signifieth I cannot learn Trespasse Transgressio is a French word signifying a much as Mors obitus excessus The reason whereof I take to be because in interpretation it is a passage from one place or estate to another for in Britton cap. 29. I find trespassants for passengers In our Common law and language it is used for any gransgression of the law under treason felony or misprission of treason or of feâ—ony or may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parliament to depart from the Parliament without the Kings license is neither treason nor felony but trespals And again fol. 31. saying that where it was wont before the Statute made anno prim Edw. a
in this signification is it borrowed from the Feudists with whom Investitura signifieth a delivery of possession by a spear or staff and vestura possession it self Hotomon in verbis feudal verbo Investura Vesture of an acre of land anno 14 Ed. prim stat prim is the profit of it anno 13 Edw. 1. cap. 25. VI Vice-treasurer of the Exchequer 1 Jacob. 26. See Under-treasurer of England See Treasurer of the Exchequer View of frank pledge visus Franci plegii is the office which the Sheriff in his County Court or the Bayliffin his Hundred performeth in looking to the Kings peace and seeing that every Free-man be in some pledge This is called of Bracton lib. 2. cap. 5. nu 7. in fine Res quasi saora quia solam personam Regis respicit quod introductus sit pro pace et communi utilitate eodem cap. 16. num 8. in fine See frankpledge and Leet and Deceâ—nier See the new book of Entries verb. view of frankpledge Veiours visores commeth of the French Veoyer i. cernere intueri despicere prospicere videre and signifieth in our Common law those that are sent by the Court to take view of any place in question for the better decision of the right Old nat br fol. 112. So doth Bracton use it lib. 5. tract 3. cap. 8. per totum It signifieth also those that are sent to view such as essoin themselves de malo lecti whether they be in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. et cap. 14. per â—totum Lastly it is used for those that are sent or appointed to view an offence as a man murdered or a Virgin ravished See View Vicario deliberando occasione cujusdam Recoguitionis c. is a writ that lyeth for a spiritual person imprisoned upon forfeiture of a Recognisance without the Kings writ Reg. orig fol. 147. See statuto mercatorio contra personam ecclesiasticam Viois et venellis mundandis is a writ that lyeth for a Maior and Bayliffs of a Town c. For the clean keeping of their streets Regist orig fol. 267. b. View visus commeth of the French veve i. visus aspectus conspectus prospectus and signifieth with us the act of viewers For as the Author of the Terms of Law saith when any action real is brought and the Tenent knoweth not well what land it is that the Defendent asketh then he may pray the view that is to say that he may see the land which is claimed of this Briton speaketh ca. 45. This point of proceeding we have received from the Normans as it appeareth by the Grand customary cap. 66. where you shall read to this effect It is to be known that there be divers sorts of views one of a fee another of a man in sicknesse another of an offence as of a man slain or a Virgin deflowred all which he describeth in that place and again cap. 80 et 96. which are worth the reading this view at this day is used in an Assise of rent service rent charge or rent seck Fitzh nat br fol. 178. D. and in a writ de Curia claudenda Idem fol. 128. B. In a writ of Nusance Idem fol. 183. L. N. O. In a writ Quo jure Idem fol. 128. L. In the writ de rationalibus divisis Idem fol. 129. D. And in the writ de secta ad molendinum Idem fol. 123. B. See the new book of Entries verb. View and see Fleta how this view is made lib. 4. cap. 6. See Veiours Vicechamberlain called underchamberlain anno 13 R. 2. stat 2. cap. 1. is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlement of all Officers superior and inferior whatsoever appertaining to that part of his Majesties houshold which is called the Chamber wherein is included as well the Bed-chamber as the Privy-chamber the Presence and the great Chamber and all other Rooms as Galleries c. thereto belonging with the Councell-chamber Privy Closet c. And in the Lord Chamberlains absence he keepeth his Table in the great Chamber commanding and overseeing the attendance of all to whom it appertainesh to be ready and waiting on his Majesty going to the Chapel or to speak with Ambassadors or else walking or riding forth Vicount alias Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with us as much as Sheriff Between which two words I find no other difference but that the one commeth from our Conquerors the Normans and the other from our Ancustors the Saxons wherefore see more of this in Shyreeve Vicount also signifieth a degree of Nobility next unto an Earl which as M. Camden Britan. pag. 70. saith is an old name of office but a new one of dignity never heard of amongst us untill Henry the sixth his daies But this degree of honor is more antient far in other Countries Casson in gloria mundi parte 5. consid 55. whom you may read Vicountiel is an Adjective made of Vicountie and signifieth as much as belonging to the Vicount as Writs Vicountial are such Writs as are triable in the County or Sheriffs Court Old nat br fol. 109. Of this kind you may see divers Writs of Nusance set down by Fitzherberi in his Nat. br fol. 184. b. There be also certain ferms called Vicountiels which the Sheriff for his time payeth a certain rent for to the King and maketh what profit he can of them See the Statute anno 33 34 H. 8. cap. 16. anno 2 et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite secund Vi laica removenda is a writ that lyeth for the removing of forcible possession of a benefice kept by lay men And this writ is granted some time upon the Certificate of the Bishop into the Chancery that there is such a force in his Dioces some time upon a surmise made thereof by the Incumbent himself without the Certificate of the Bishop and hath a several form for either case Fitzh nat br fol. 54. Register origin fol. 59. 60. Villanis Regis subtractis reducendis is a writ that lyeth for the bringing back of the Kings bondmen that have been carried away by others out of his Manors whereto they belonged Registor origin folio 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our Common law a bondman or as much as Servus among the Civilians Of these there be two sorts in England as Sir Thomas Smith saith in his Repub Anglo lib. 3. cap. 8. one termed a villein in grosse which is immediately bound to the persons of his Lord and his heirs the other a villein regardant to a Manor whom the Civilians term glebae aseriptitium being bound to their Lord as members belonging and annexed to such a manor whereof the Lord is owner This division is
16 R. 2. c. Visâ— Franciplegii is a writ to exempt him from comming to the view of Frankpledge that is not within the Hundred resident For men are bound unto this view by reason of their habitation and not of Lands held where they dwell not Regist. orig fol. 175. Vitteler victualarius commeth of the French victuailes i. commeatus and signifieth with us him that selleth victuals For these there is a writ in Fitzherbert nat brev fol. 172. if they exercise their trade bearing a magistracy in any Town Corporate VM Vmple anno 3 Edw. 4. cap. 5. VN Vncore prist is a plee for the Defendant being sued for a debt due at a day past to save the forfeiture of his bond saying that he tendred the debt at the time and place and that there was none to receive it and that he is now also ready to pay the same 7 Ed. 6. 83. Dyer See Unquest prist Vncuth is a Saxon word signifying as much as incognitus It is used in the antient Saxon laws for him that commeth to an Inne guest-wise and lyeth there for two nights at the most In which case his Host was not bound to answer for any offence that he committed whereof he was guiltlesse himself But if he laid there the third night then he was called guest hospes and then must the Host answer for him as for one of his own family And if he tarried any longer then was he called Agen hine that is to say familiaris Whom if he offend against the Kings peace his Host was to see forth-comming or if he could not bring him out within a month and a day he must satisfie for his offence Lamb. Archaiono fol. 133. num 7. Of this Bracton lib. 3. cap. 10. num 2. writeth thus Item secundum antiquam consuetudinem dici poterit de familia alicujus qui hospitus fuâ—rit cum alio per tres noctes quia primâ nocte poterit dici Vncuth secundâ verò Gust tertiâ nocte Hoghenhine c. This law was made for the better preservation of the Kings peace and to shew in what pledge every man was to be accounted that travelled by the way See Tuainnithes gest Vnite nihil habet is a writ See Dote unde nihil habet Vnder-chamberlain of the Exchequer is an Officer there that cleaveth the Tallies written by the Clerk of the Tallies and readeth the same that the Clerk of the Pel and the Controllers thereof may see their Entries be true He also maketh searches for all Records in the Treasury There be two Officers there of this name Vnderescheatour Subescheatour anno 5 Ed. 3. cap. 4. See Escheatour Vndershyreeve Subvicecomes See Shyreeve Vndersitter is an Inmate See Inmate Vndertakers be such as are employed by Purveyours of the King as their Deputies anno 2 3 Phil. Ma. cap. 6. and such as undertake any great work as drying of Fens c. anno 43 Eliz. cap. 11 Vnderâ—treasurer of England vicethesaurarius Angliae anno 39 Eliz. cap. 7. anno 43 ejusdem Subsidy of the Clergy This Officer as some Exchequer men think was first created in the time of King Henry the seventh to chest up the Kings Treasure at the end of every Term and to note the content of mony in each chest and to see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer as being a thing too mean for him to be troubled with and yet meet to be performed by a man of great secrecy and trust He in the vacancy of of the Lord Treasurers Office doth all things in the receipt that the Lord Treasurer doth He nominateth the two Praysers of all goods seised as not customed and ordereth whether the party shall have them at the price or not He appointeth the Steward Cook and Butler for the provision of the Star-chamber But this Officer in other mens judgement is far more antient than Henry the sevenths dayes yet named Treasurer of the Exchequer in the Statutes untill Queen Elizabeths time where he is termed Under-treasurer of England Neverthelesse anno 35 Eliz. he is also written Treasurer of the Exchequer Read the Statutes anno 8 Ed. 3. statut 2. cap. 17. 27 ejusdem Stat. 2. cap. 18. 1 Rich. 2. cap. 5. 4 H. 4. cap. 18. 8 H. 6. cap. 17. 27 H. 8. cap. 11. with divers other places that seem to approve this to be true Vnion unio is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and the Incumbent And this is properly called an union Howbeit that there be two other sorts as when one Church is made subject to the other and when one man is made Prelate of both and when a Conventual is made Cathedral as you may read in the Glosse of the Chapter Licet de licato conducto in Lyndwoods Provincials Sect. Eâ—quia versu Appropriationis Touching Union in the first signification there was a statute anno 37 Hen. 8. cap. 21. that it should be lawfull in two Churches whereof the value of the one is not above six pounds in the Kings books of the First fruits and not above one mile distant from the other Union in this signification is personal and that is for the life of the Incumbent or real that is perpetual whosoever be Incumbent Vnity of possession is called consolidatio usus fructus proprietatis in the Civil law signifying a joynt possession of two rights by several titles For example I take a lease of land from one upon a certain rent afterward I buy the Fee-simple This is an unity of possession whereby the Lease is extinguished by reason that I which had before the occupation only for my rent and become Lord of the same and am to pay my rent to none but my self Also an Abbot being seated within a certain Parish afterward obtaineth an appropriation of the Tithes belonging to that Church for the use of his house Here is an unity of possession by reason that the tythes which before were to be payd to the Incumbent are now to be paid to none but himself by vertue of the appropriation Vniversity Vniversitas is by the Civil law any body politick or corporation but in our language it is at the least most ordinarily taken for those two bodies that are the Nourses of learning and the liberal Sciences Cambridge and Oxford endowed with great favours and privileges for their better maintenance as appeareth not only by anno 2 3 Ph. et Mar. cap. 15. a. 13 El. c. 21. et a. 18. ejusd cap. 6. but much more by their several Charters granted unto them by divers godly and magnanimous Kings of this land Vnlawfull assembly Illicita congregatio illicita assemblata is the meeting of three or more persons together with force to commit some unlawfull act and abiding still not endeavouring the execution thereof as to assault or beat any person to enter into
going under Saxons name cap. 7. I read that Belinus a Briton King made these four waies whereof the first and greatest he calleth Fosse stretching out of the South into the North and beginning from the corner of Cornwell and passing forth by Devonshire Somersetshire and so along by Tetbury upon Toteswould besides Coventree unto Lecester and thence by the wide plains to Newark and to Lincoln where it endeth The second he nameth Watling street comming out of the South east toward the Fosse beginning at Dover and passing through the middle of Kent over Thames beside London near Westminster and thence to Saint Albons by Donstable Stratford Towceter Wedon Lilborn Atheriston Gilberts hill now called Wreaken by Severn Workcester Stratton and so forth by the middle of Wales unto Cardican and the Irish seas The third he calleth Erminage street stretching out of the West North-west into the East South-east from S. Davids in the West Wales unto Southampton The fourth he called Rikenild street stretching forth by Worchester by Wicomb Brinhingham Litchfield Derby Chesterfield and by York forth into Tynmouth But he that listeth to read at large of these waies let him have recourse to the first volume of Holinsheds Chronicle and the description of England there the 19 chapter Where this antiquity is far otherwise declared than by the former writers Henry of Huntington likewise in the first book of his History not far after the beginning mentioneth these four Streets terming them calles Regia sublimatos anthoritate ne aliquis in eis inimicum invadere auderet c. Waterbayliffs anno 28 H. 6. cap. 5. is an Officer belonging to the City of London which hath the supervision and search of fish that is brought to that City as also the gathering of the toll rising from that water He is reckoned an Esquire by his Office as the Sword-bearer the Huntsman and the chief Sergeant is He also attendeth upon the Lord Maior for the time being and hath the principal care of marshalling the guests at his Table Way See Chimin WE Weif wavium whence it hath his original I cannot certainly say But I find the 19 chap. of the Grand Customary of Normandy to be intituled De choses gaines and latined by the Interpreter De rebus vaivis which are there tus defined vaiva sunt res vel alia quae nullius proprietati attributa sine possessionis reclamations sunt inventa quae usque ad diem aâ—â—um servanda sunt Et deâ—is modo quo dictum est de veriscis that is weeks ea sua esse probantibus est restitutio facienda c. This weif or things weived have the very same signification in our Common law and be nought but things forsaken The Civilians call it Derelictum or Quod est pro derelicto Bracton in the twelfth Chapter of his first book nsâ— 10. reckoneth them inter res quae sunt nullius ea quae pro waivio habentur sicut de averiis ubi non apparet Dominus where he also saith quòd olim fueruut inventoris de jure naturali et jam essiciuntur principis de jure Gentium That this is a Regality and belonging to the King except it be challenged by the owner within a year and a day it appeareth by Briton in his seventeenth chapter Now the Kings in their times have granted this and such like Prerogatives unto divers Subjects with their fees who there likewise saith that waifs things lost and estrayes must by the Lord of the franchise where they are found be caused to be cryed and published in Markets and Churches near about or else that the year and day doth not run to the prejudice of him that hath lost them See Waive M. Skene de verborum signif verb. waif saith that waif est pecus vel animal aberrans which wanders and waivers without a known Master and being found by any man within his own bounds must be by him proclaimed upon divers and sundry Market daies at the Parish Church and within the Sheriff-dome Otherwise the Deteyner may be accused of theft And it is lawfull for the owner to challenge the beast within a year and a day Whereby it appeareth that in Scotland that is called a weif which we here call a stray or estray Would of Kent is the woody part of the Country Camden Britannia pag. 247. M. Verstegan in his restitution of decayed intelligence saith that Wald Weald and Would differing in vowel signifie one thing to wit a Forest See the rest litera W. Wedding Nuptiae commeth of the German wed i. pignus and wed in Scotland signifieth so much at this day Skene de verborum signif verbo vadium Weigh waga is a certain weight of cheese or wool containing 256 pounds of avoyr de poyce See Clove Weights Pondera what they be it is well known There be two sorts of them in use with us The one called Troy weight which containeth twelve ounces in the pound and no more by the which Pearl precious stones electuaries and medicinal things gold silver and bread be weighed The other is called Aver de pois which containeth 16 ounces in the pound By this all other things are weighed that pass between man and man by weight saving only those above named Why the one should be called Troy weight I have not learned though I read it termed libram unciam Trojanam as if it came from Troy But Georg. Agricola in his learned Tractate de ponderibus mensuris pag. 339. termeth the pound of twelve ounces libram medicam and the other of sixteen ounces libram civilem saying thus of them both Medica civilis libra numero non gravitate unciarum differunt The second seemeth so to be termed by reason of the more full weight for Avoir de pois in French is as much as to say as to have full weight But by these words avoir depois are some time signified such Merchandize as are bought and sold by this kind of weights The first statute of York an 9 Ed. 3. in prooem an 27 Ed. 13. stat 2. cap. 10. anno 24. H. 8 cap. 13. Of weights in Scotland See Skene ac verbo signif verbo Serplathe All our weights and measures have their first composition from the penny sterling which ought to weigh two and thirty wheat corns of a middle sort twenty of which pence make an ounce and twelve such ounces a pound or twenty shillings but fifteen ounces make the Merchants pound Fleta lib. 2. cap. 12. It is not unlike that this Merchants pound though an ounce less should be all one in signification with the pound of Avoir de pois and the other pound called by Fleta troue weight plainly appeareth to be all one with that which we now call Troy weight And I find not Troy weight mentioned by any other that ever I read upon this subject but only our own Country men See Tronage Weights of Awncell anno 14 Ed.
want of heirs c. Privy seal privatum sigillum is a seal that the King useth sometime for a warrant whereby things passed the privy signet and brought to it are sent farther to be confirmed by the great Seal of England sometime for the strength or credit of other things written upon occasions more transitory and of less continuance than those be that pass the great seal Privilege privilegium is defined by Cicero in his Oration pro domo sua to be lex privata homini irrogata Frerotus in paratit lis ad titulum decretalâ—um de privilegiis thus defineth it privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur cap. priv legia distinct 3. priva enim veteres dixere quae nos singula dicimus Infit Agellius li. 10. ca. 20. Idiòque privilegia modò beneficia modò personales constitutiones dicuntur c. It is used so likewise in our Common law and sometimes for the place that hath any special immunity Kitchin fo 118. in the words where debters make feigne dgifts and feoffments of their land and goods to their friends and others and betake themselves to privileges c. Privilege is either personal or real a personal privilege is that which is granted to any person either against or beside the course of the Common law as for example a person called to be one of the Parliament may not be arested either himself or any of his attendance during the time of the Parliament A privilege real is that which is granted to a place as to the Universities that none of either may be called to Westminster hall upon any contract made within their own precincts And one towards the Court of Chancery cannot originally be called to any Court but to the Chancery certain cases excepted If he be he will remove it by writ of Privilege grounded upon the statute anno 18 Edward the third See the new book of Entries verbo Privilege Probat of Testaments probatio testamentorum is the producting and insinuating of dead mens Wills before the ecclesiastical Iudge Ordinary of the place where the patty dyeth And the Ordinary in this case is known by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Arch-deacon according as their composition or prescription is hath the probat of the Testament if the goods be dispersed in divers Dioceses so that there be any sum of note as five pounds ordinarily out of the Dioces where the party led his life then is the Archbishop of Canterbury the ordinary in this case by his prerogative For whereas in old time the will was to be proved in every Dioces wherein the party deceased had any goods it was thought convenient both to the subject and to the Archiepiscopal See to make one proof for all before him who was and is of all the general ordinary of his Province But there may be antiently some composition between the Archbishop and an inferiour ordinary whereby the sum that maketh the prerogative is above five pound See Praerogative of the Archbishop This probat is made in two sorts either in common form or pertestes The proof in common form is only by the oath of the executor or party exhibiting the Will who sweareth upon his credulity that the Will by him exhibited is the last Will and Testament of the party deceased The proof per testes is when over and beside his oath he also produceth witnesses or maketh other proof to confirm the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they have been lawfully summoned to see such a Will proved if they think good And the later course is taken most commonly where there is fear of strife and contention between the kindred or friends of the party deceased about his goods For a VVill proved only in common form may be called into question any time within thirty years after by common opinion before it work prescription Procedendo is a writ whereby a plee or cause formerly called from a base Court to the Chancery Kings bench or Common plees by a writ of privilege or certiorare is released and sent down again to the same Court to be proceeded in there after it appeareth that the Defendant hath no case of privilege or that the matter comprised in the Bill be not well provided Brook hoc titulo and Terms of the law Cook vol. 6. fol. 63. a. See an 21 R. 2. ca. 11. in fine letters of procedendo granted by the Keeper of the privy seal See in what diversity it is used in the table of the original Register and also of the Iudicial Iâ—roces processus is the manner of proceeding in every cause be it personal or real civil or criminal even from the original writ to the end Britton fol. 138 a. wherein there is great diversity as you may see in the table of Fitz. nat br verbo Proces and Brooks Abridgement hoc titulo And whereas the writings of our Common Lawyers sometime call that the Proces by which a man is called into the Court and no more the reason thereof may be given because it is the beginning or the principal part thereof by which the rest of the business is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divers kinds of Proces upon Inditements before Iustices of the peace See in Cromptons Justice of peace fol. 133 b. 134.135 But for orders sake I refer you rather to M. Lambard is his tractat of Processes adjoined to his Eirenarcha who according to his subject in hand divideth criminal Proces either into Proces touching causes of treason or felony and Proces touching inferiour offences the former is usually a capias capias alià s exigifaciaâ— The second is either upon inditement or presentment or information that upon inditement or presentment is all one and is either general and that is a venire facias upon which if the party be returned sufficient then is sent out a Distringas infinitè untill he come if he be returned with a Nihil babet then issueth out a Capias Capias aliis Capias pluries and lastly an Exigi facias The special proces is that which is especially appointed for the offence by statute For the which he referreth his reader to the eighth chapter of his fourth book being very different Processum continuando is a writ for the continuance of a Proces after the death of the chief Iustice in the writ of oyer and terminer Register original fol. 128. a. Prochein amy proximus amicus vel propinquier is word for word a neer friend It is used in our Common law for him that is next of kinne to a child in his