full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd downward in a right-line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Discent springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process The effect of Discontinuance of Possession is this That a Man may not enter upon his own Land or Tenement alienated whatsoever his right be to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict fol. 131. useth it in these words If a Justice Seat be Discontinued by the not coming of the Justices the King may renew the same by His Writ c. In this signification Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
ÎΟΜΟ-ΛΕΞΙΚΟΠA Law-Dictionary Interpreting such difficult and obscure WORDS and TERMS As are found either in Our Common or Statute Ancient or Modern LAWES WITH REFERENCES to the several Statutes Records Registers Law-Books Charters Ancient Deeds and Manuscripts wherein the Words are used And Etymologies where they properly occur Coke on Littl. fol. 68. b. Ad rectè docendum oportet primùm inquirere Nomina quia rerum cognitio à nominibus rerum dependet By THOMAS BLOVNT of the Inner Temple Esq In the SAVOY Printed by Tho. Newcomb for John Martin and Henry Herringman at the Sign of the Bell in S. Pauls Churchyard and a little without Temple-Bar and in the New Exchange 1670. To the Right Honorable Sir Orlando Bridgeman Knight and Baronet Lord Keeper of the Great Seal of England Sir John Kelynge Knight Lord Cheif Justice of His Majesties Court of Kings Bench and Sir John Vaughan Knight Lord Cheif Justice of His Majesties Court of Common Pleaâ— MY LORDS AS it is certainly my bounden duty to offer and submit these my timorous and bashful endeavors to your great Judgments so it is my Interest to implore the benignity of your auspicious Patronage of them For the publishing these Papers I had onely two Motives The first and principal to erect a small Monument of that vast respect and deference which I have for your Lordships who are not onely the Oracles of our Law and Grand Exemplars of Justice but the glory and ornament of that Honorable Society whereof however unworthy I boast my self a Member and which at present justly claims the preheminence above the rest by producing more persons dignified with the Judiciary scarlet Robe then the other Three and filling up by due merit the most eminent Seats of Judicature in the Nation The other to gratifie an ambitious inclination of my own of leaving behinde me somewhat how inconsiderable soever that may in some measure excuse me to posterity from having been a truantly and useless Member of that Learned and Active Body If your Honors shall allow me to have fulfil'd my duty in the one and obtained my design in the other I have the desired effect of my Labors Nor hath my greatest ambition any thing higher to aym at then that I may with your Lordships permission subscribe my self My Lords Your most humble and obedient Servant THO. BLOUNT Inner Temple 20 June 1670. Preface SOme will perhaps wonder why I took so much pains to write this Book and object that we have two good Ones of this kind extant Cowels Interpreter and Terms of the Law nay haply thrust in Leighs Phylological Commentary as a third I answer though it is not my design to raise the reputation of this Work by disvaluing Those yet it may be allowable modestly to declare their Defects that my undertaking this may not appear unnecessary Doctor Cowel was certainly a Learned Man and his Enterprise very commendable but his Profession the Civil Law and that he did not singly intend his Interpreter for us appears by his often expressing what each word signifies in the Common Law to distinguish it from the Civil in which learning he bestowes a considerable part of his Book He ingenuously says His design is the advancement of knowledge and to incite others to finish his model and supply his defects which in truth are not a few For he directly mistakes the meaning of some Words and derivation of others as Ordel Mindbruch Brodehalpeny Furlong Avishering Thirdwith-hawanman c. He confounds Realty with Royalty and Commote with Comorth which are distinct words In the word Honor he sayes that in reading he has observ'd thus many Honors in England and sets down 25 wherein either his Reading was short or his observations defective for I have collected above twice that number out of approved Authors and Records in being when he wrote He is sometimes too prolix in the derivation of a Word setting down several Authors Opinions without categorically determining which is the true as in Exchequer Withernam Herald Earle Justices of Trailbaston Pawnage Purlieu c. And lastly gives us divers bare Words without explication as Cone Key Calendring Coggs Duch Lancegay Palingman Bread of treet c. which I have supply'd Not but that I have lest some quaere's too but those in Words of greater difficulty The Author of the Law-Terms was without doubt not less learned but wrote so long since that his very Language and manner of expression was almost antiquated till help'd by the late correction of it He has added to divers Words several Cases in Law relating thereto in general not tending much to their explication which I have declin'd lest the bulk should swell too big and the principal Design be wav'd He omits the Etymons for the most part and is much more copious in the first part of the Alphabet then in the later which argues the Author had not time or perseverance to finish it They are both much wanting in the number of Words especially the later For Cowel glean'd many after the Author of the Law-Terms had inn'd his Harvest yet both have much useless and repealed Law in them as in reference to Tenures by Knights-service and their Appendiâ—â—s Wardship Villenage Purveyance Star-chamber Knighthood c. For thus sayes the learned Author of the Preface to Roll's Abridgment As time and experience and use and some Acts of Parliament have abridg'd some and antiquided other Titles so they have substituted and enlarged others Cowel also especially in the Folio Edition besides the misalphabeting is extreamly misprinted yet the Terms of the Law will still deservedly retain an usefulness pro tanto and particularly for the Law-French to instruct the young Student therein Leigh affords not the least Objection against my Undertaking for he is a Commentator not an Expositor his Title speaks it though sometimes he acts a little in both capacities Having found these among other as I judg'd important defects in those Authors consider'd the usefulness of Books of this Nature and reflected on these Expressions of the Oracle of our Law Here as in many other places it appears how necessary it is to know the signification of Words And again That the explanation of ancient Words and the true sence of them is requisite to be understood per verba notiora I was encourag'd to bestow my endeavour herein And it will abate the wonder that I who inter doctos me non effero should yet not onely assume the liberty in many places to correct those learned Authors but also make an additional collection of above a thousand Words if it be consider'd That they wanted those Helps I have had viz. That incomparable Glossarium Arohaiologicum of Sir Henry Spelman The elaborate Institutes of Sir Edward Coke That excellent Dictionarium Saxonico-Latino-Anglicum of Mr. Somner The Learned Works of Mr. William Dugdale Mr. Fabian Philips and others publish'd since those Authors wrote My Genius has also led me though sometimes
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has taken any Bondman or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
Parish within the City of London and Suburbs and elswhere who yearly chuse Officers for the Parish and take care of its concernments so called because they usually meet in the Vestry of the Church Uesture Vesturd Signifies a Garment but we turn it Metaphorically to betoken a Possession or an admittance to a Possession or Seisin So is it taken in Westm 2. cap. 25. And in this signification it is borrowed from the Feudists with whom Investitara imports a Delivery of Possession by a Spear or Staff and Vestura Possession it self Hottoman verbo Investitura Vestura terrae i. Segetes quibus terra Vestitur MS. Uesture of an Acre of Land Anno 14 Edw. 1. stat 1. Is the profit of it So in Extenta Manerii 4 Edw. 1. It is inquirable How much the Vesture of an Acre is worth and how much the Land is worth when the Wood is felled Uetitum namium Namium signifies a Taking or Distress and Vetitum forbidden as when the Bailiff of a Lord Distrains Beasts or Goods and the Lord forbids his Bailiff to deliver them when the Sheriff comes to Replevy them and to that end drives them to places unknown or when without any words they are so eloigned as they cannot be replevied Divers Lords of Hundreds and Court Barons have power to hold Plea De Vetito Namio in old Books called De Vet. 2 Inst fol. 140. Sir Henry Spelman says it is Antiqua Juris nostri locutio brevis Regis nomen See Naam Uicario deliberando occasione cujusdam Recognitionis c. Is a Writ that lies for a Spiritual Person imprisoned upon forfeiture of a Recognisance without the Kings Writ Reg. of Writs fol. 147. Uicis venellis Mundandis Is a Writ that lies against a Major or Bailiffs of a Town c. for the clean keeping their Streets Reg. of Writs fol. 267. b. Uicar Vicarius The Priest of every Parish is called Rector unless the Predial Tithes be impropriated and then he is called Vicar Quasi vice fungens Rectoris Sciant quod ego Johannes Webbe perpetuus Vicarius Ecclesiae Parochialis de Bromyord Dedi Domino David Hay perpetuo Vicario Ecclesiae Parochialis de Anenebury duas acras terrae c. Dat. 8 Hen. 5. They stiled themselves Perpetui Vicarii because every Vicaridge hath a constant Succession as a Corporation and never dies The Canonists mention four species of Vicars Quidam sunt perpetui ad Parochiales Ecclesias constituti quidam non perpetui sed ad aliquos actus constituti ut temporales isti dicuntur mercenarii Quidam sunt speciales non ad curam sed ad certum locum articulum vel actum constituti Quidam nec perpetui nec ad curam nec ad certum actum sed generaliter dantur ad omnia See Vocab utriusque Juris verbo Vicarius Uice-Chamberlain called Under-Chamberlain Anno 13 Rich. 2. stat 2. cap. 1. Is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlment of all Officers whatsoever appertaining to that part of his Majesties Houshold which is called the Chamber or above stairs Uicegerent Anno 31 Hen. 8. cap. 10. A Deputy or Lieutenant Uicinage Fr. Voisinage Neighborhood nearness Mag. Char. cap. 14. See Venue Uicinetum See Visne Uicount alias Uiscount Vicecomes Signifies as much as Sheriff Between which two words I finde no other difference but that the one comes from our Conquerors the Normans the other from our Ancestors the Saxons of which see more in Sheriff Vicount also signifies a degree of nobility next to an Earl which Camden Britan. pag. 170. says Is an old name of Office but a new one of dignity never heard of among us till Henry the Sixths dayes who in his eighteenth year in Parliament created John Lord Beaumont Viscount Beaumont but far more ancient in other Countries Cassan de Gloria mundi par 5. consider 55. See Sheriff And Seldens Titles of Honor fo 761. Uicountiels Vicecomitilia Are certain Ferms for which the Sheriff pays a rent to the King and makes what profit he can of them v. Stat. 33. 34 Hen. 8. ca. 16. 2 3 Ed. 6. ca. 4. 4 Hen. 5. ca. 2. Writs Vicountiel are such Writs as are triable in the County or Sheriffs Court Old Nat. Br. fo 109. of which kind you may see divers Writs of Nusance set down by Fitzh in his Nat. Br. fo 184. b. See Anno 6 Rich. 2. ca. 3. Uicountiel Rents Mentioned 22 Car. 2. ca. 6. see Vicountiels Uidimus Anno 15 Hen. 6. ca. 3. See Innotescimus Uiew Fr. Veue i. Visus conspectus Signifies the act of Viewers For when any Action real is brought and the Tenant knows not well what land it is that the Demandant asks then he may pray the view which is that he may see the land which is claimed of this Britton writes ca. 45. This course of proceeding we received from the Normans as appears by the grand Custumary ca. 66. and 80. This view is used as in other cases so in an Assise of rent-service rent charge or rent seck Fitz. Nat. Brev. fo 178. and in a Writ de Curia claudenda Idem fo 128. In a Writ of Nusance idem fo 183. In a Writ Quo jure Idem fo 128. In the Writ de rationabilibus divisis Idem fv 129. And in the Writ de secta ad molendinum Idem fo 123. see the New Book of Entries verbo view and how this view is made in Fleta lib. 4. ca. 6. See Veiours and Westm 2. ca. 48. Uiew of Frankpledge Visus Franci plegii Is the Office which the Sheriff in his County Court or the Bailiff in his Hundred performs in looking to the Kings peace and seeing that every man be in some pledge This is called by Bracton Res quasi sacra quia solam personam Regis respicit introducta pro pace communi utilitate lib. 2. ca. 16. num 8. See Frankpledge Leet Decennier See New Book of Entries on this word Ui laica removendo Is a Writ that lies for the removing a forcible possession of a Benefice kept by Lay-men and is sometimes granted upon the Certificate of the Bishop into the Chancery that there is such a force in his Diocess sometimes onely upon a surmise thereof made by the Ineumbent himself and has a several form for either case Fitz. Nat. Brev. fo 54. Reg. of Writs fo 59 60. Uigil Vigilia Anno 2 3 Ed. 6. ca. 19. is used for the eve or day next before any solemn Feast because then Christians of old were wont to watch fast and pray in their Churches Uill Villa Is taken for a Mannor and sometimes for a Parish or part of it Villa apud Saxones nostros antiquos Romano sensu accipi videtur pro praedio unius alicujus in rure cum idoneis aedibus ad reponendos cjusdem fructus honestato Non autem primitus pro multarum
the Statute 6 Car. 2. cap. 2. Sir Edward Coke says Abatamentum is a word of Art and signifies an Entry by interposition On Littl. fol. 277. where he shews the difference between Abatement Disseisin Intrusion Deforcement Usurpation and Purpresture Abbacy abbatia is the same to an Abbot as Bishoprick to a Bishop We may call it his Paternity Talis Abbatia quae Paternitas Latino nomine dicitur funditus removeatur Concil Meldens Anno Dom. 845. cap. 10. The word is used Anno 34 35 Hen. 8. cap. 17 18. Sciant quod ego Isabellaâ— Comitissa Penbrâ— pio salute animae meae Dedi Deo Abbathiae de Nutteleg totam Wicham juxta praedictam Abbathiam c. sine dat Abbat or Abbot Abbas A Spiritual Lord that has the rule and preheminence over a Religious House He is by Justinian termed Archimandrita by others Coenobiarcha vel Archimonachus Of these some in England were mitred some not The mitred were exempt from the jurisdiction of the Diocesan having Episcopal Authority within their Precincts and being also Lords of the Parliament which were called Abbots Soveraign Anno 9 Rich. 2. cap. 4. and Abbots General The other sort were subject to the Diocesan in all Spiritual Government And as Abbots so were there Lord Priors also who both had exempt Jurisdiction and were Lords of Parliament as appears by Sir Edw. Coke de Jure Eccles fol. 28. Of which Lord Abbots and Priors that sate in Parliament some Authors reckon but Twenty six Sir Edw. Coke says they were Twenty seven Abbots and two Priors On Littl. fol. 97. In the Parliament 20 Rich. 2. there were but Twenty five Abbots and two Priors But in the Summons to the Parliament at Winton Anno 4 Edw. 3. in Dorso claus ejusdem An. Membran 41. I finde more named to which I have added the Founders out of Mr. Dugdales Monast Angl. Abbots and Priors Founders Names 1 Abbot of S. Austins in Canterbury Ethelbertus Rex Anno 602. 2 Abbot of Ramsey Ailwinus Semi Rex 969. 3 Abbot of Peterborough Wulferus Rex 664. 4 Abbot of Croyland Ethelbald Rex Merciae 726. 5 Abbot of Evesham Egwin Episc Wigorn 700. 6 Abbot of St. Benet de Hulmo Canutus Rex Anno 1026. 7 Abbot of Thornby Wil. Albemarle sub Hen. 2. 8 Abbot of Colchester Eudo Dapifer Hen. 1. 9 Abbot of Leicester Rob. Bossue Comes Leic. 1141. 10 Abbot of Winchcomb Kenulphus Rex Merciae 789. 11 Abbot of Westminster Seabert Rex Occid Sax. 604. 12 Abbot of Cirencester Henricus Primus 1133. 13 Abbot of S. Albans Offa Rex Merciae 795. 14 Abbot of S. Mary York Alanus Comes Britanniae 1088. 15 Abbot of Shrewsbury Roger Comes Montgom 1081. 16 Abbot of Selby Guliel Conquestor 1078. 17 Abbot of S. Peters Glocester Ofric Rex Northumb. 700. 18 Abbot of Malmsbury Maidulfus Hibern Scot. 648. 19 Abbot of Waltham Heraldus Rex 1036. 20 Abbot of Thorney Adelwoldus and Edgarus Rex 972. 21 Abbot of S. Edmonds Canutus Rex 1020. 22 Abbot of Beaulieu Johannes Rex Anno Regni 6. 23 Abbot of Abingdon Cissa Rex Anno 675. 24 Abbot of Hyde Aluredus Rex 922. 25 Abbot of Rading Henricus Primus Rex 1125. 26 Abbot of Glastonbury Jos Arrimat Inas Rex Occid Sax. 708. 27 Abbot of Osney Rob. Fitz Nigel Doiley 1129. 28 Prior of Spalding Jo. Talbois Com. Andegav 1074. 29 Prior of Johns of Jerusalem Jordanus Briset Ux ejus 1100. 30 Prior of Lewes Will. de Warren Primus Comes Surr. 1078. To which were afterwards added 31 Abbot of S. Austins Bristol Henricus Secundus Rex 32 Abbot of Bardeney Rex Ethelredus 712. 33 Prior de Semplingham Saint Gilbertus 1131. To these also Henry the Eight added the Abbot of Tavestock And in the Teste to Magna Charta the names of some other Abbots are inserted among the great Men of the Realm An Abbot with the Monks of his House who were called the Convent made a Corporation and he was not chargeable with the Act of his Predecessor if it were not by their Common Seal or for such things as came to the use of the House Abbathy Anno 31 H. 8. cap. 13. See Abbacy Abettator an Abetter See Abet Abbrochment abbrocamentum the buying up whole Wares before they are brought to Market or out of the Fair or Market and selling the same by retail M. S. de Placit coram Rege Ed. 3. penes Arthur Trevor Arm. Abbuttals from the Fr. abutter or abouter i. terminare are the Buttings or Boundings of any Land East West North or South declaring on what other Lands High-ways or other places it does Abbut As in Crokes Reports 2 part fol. 184. The Plaintiff hath failed in his Abuttals that is In setting forth how his Land is abutted and bounded Latera autem nunquam aiunt abuttare sed terram proximam adjacere Those says Cambden that have Written of Limits say That certain Hillocks or Piles of Earth which they termed Botentines were set in Limits Hence peradventure our Buttings and Boundings Abeyance or Abbayance from the Fr. bayer 〈◊〉 To gape after or expect as those are said Bayer â—a 〈…〉 argent qui spe atque animo incumbunt pecuniae in Littleton cap. Disconcontinuance Sect. 56. is thus used The right of Fee-simple lies in Abeyance that is as himself interprets it onely in the remembrance intendment and consideration of the Law The Frank-tenement of the Gleab of a Parsonage is in no man during the time the Parsonage is void but is in Abeyance And it is a Principle in the Law That of every Land there is Fee-simple in some man or it is in Abeyance Considering this with the signification of the French word it is probable our Ancient Law Books would signifie hereby a kinde of hope or longing expectance because those things that are in Abeyance though for the present in no man yet are they in hope and expectation belonging to him who is next to enjoy them For I finde also in the French that Bayard is a Man that gapes or gazes earnestly at a thing And this Abeyance may be compared to that which the Civilians call Haereditatem jacentem See Coke on Littl. fol. 342. b. And Plowden casu Walsingham Abet from the a. i. ad vel usque and betan i. e. emendare excitare signifies to encourage incite or set on The Substantive Abetment is used for an encouraging or instigation Stamf. Pl. Cor. fol. 105. And Abetter or Abbettator for an instigator or setter on Old Nat. Br. fol. 21. But both Verb and Noun are always used in the evil part As Abettors of Murder are those that command counsel or maintain others to murder And in some Cases such Abettors shall be taken as Principals in other but as Accessories and their presence or absence at the Deed doing makes a difference in the Case Abishersing according to Rastals Exposition is to be quit of Amerciaments before whomsoever for Transumption proved The word originally
Stable Stand Dog-draw Back-bear and Bloody-hand Which see in their proper places Badger from the Fr. Bagagier i. A Carrier of Luggage Signifies with us one that buys Corn or Victuals in one place and carries it to another to make profit by it See Cromptons Just of Peace fol. 69 70. Bail from the Fr. noun Bail i. A Guardian or Goaler Is properly used for the freeing or setting at liberty of one arrested or imprisoned upon Action either Civil or Criminal under surety taken for his appearance at a day and place certain Bracton lib. 3. tract 2. cap. 8. num 8 9. The reason why it is called Bail is Because by this means the party Restrained is delivered into the hands of those that bind themselves for his forth-coming There is both common and special Bail Common Bail is in Actions of small prejudice or concernment being called Common because any Sureties in that case are taken whereas in Causes of greater weight as Actions upon Bond or Specialty Special Bail or Surety must be taken as Subsidy Men at least and they according to the value Manwood in his first part of Forest Laws pag. 167. says there is a great diversity between Bail and Mainprise For he that is Mainprised is always said to be at large and to go at his own Liberty out of Ward from the time he is Mainprised till the day of his appearance But otherwise it is where a Man is let to Bail by four or two Men by the Lord Chief Justice in Eyre until a certain day for there he is always accounted by the Law to be in their Ward and custody for the time And they may if they will keep him in Ward or Prison So that he who is so bailed shall not be said by the Law to be at large or at his own liberty See Lamb. Eiren lib. 3. cap. 2. pag. 330. Bail is also a certain Limit within the Forest as it is divided into the charges of several Foresters Crompton in the Oath of Bow-bearer fol. 201. See Mainprise and 4 Instit fol. 178. Bailiff Balivus As the name so the Office it self in ancient time was answerable to that of France where there are Eight Parliaments which are high Courts whence lies no Appeal and within the Precincts of those several parts of that Kingdom which belong to each Parliament there are several Provinces to which Justice is ministred by certain Officers called Bailiffs So in England we see many several Counties in which Justice hath been ministred to the Inhabitants by the Officer whom we now call Sheriff or Vicount the one name descending from the Saxons the other from the Normans And though I cannot expresly prove That this Sheriff was ever called a Bailiff yet it is probable that was one of his names also because the County is often called Baliva a Bailywick As namely in the Return of a Writ Non est inventus in Baliva mea c. Kitchin Returna Brevium fol. 285. And in the Sheriffs Oath the County is called his Bailiwick I think the word Bailiff used in Magna Chart. cap. 28. and 14 Edw. 3. Stat. 1. cap. 9. compriseth as well Sheriffs as Bailiffs of Hundreds But as the Realin is divided into Counties so every County is again divided into Hundreds within which it is manifest that in ancient time the Kings Subjects had justice ministred to them by the several Officers of every Hundred which were called Bailiffs as those Officers do in France and Normandy being cheif Officers of Justice within every Province Grand Customary of Norm cap. 1. And it appears by Bracton lib. 3. tract 2 cap. 34. num 5. that Bailiffs of Hundreds might hold Plea of Appeal and Approvers But since that time these Hundred Courts certain Franchises excepted are by the said Statute of 14 Edw. 3. swallowed into the County Courts as you may read in County and Hundred And now the Bailiffs name and office is grown into such contempt at least these Bailiffs of Hundreds that they are now but bare Messengers and Mandataries within their Liberties to serve Writs and such vile Offices for which see Crompt Just of Peace fol. 49. a. Yet is the name otherwise still in good esteem for the chief Magistrates in divers Corporate Towns are called Bailiffs as of Ludlow Leominster c. And again there are certain persons to whom the Kings Castles are committed who are called Bailiffs as the Bailiff of Dover Castle These ordinary Bailiffs are of two sorts Bailiffs Errant and Bailiffs of Franchises Bailiffs Errant Balivi Itinerantes are those whom the Sheriff appoints to go up and down the County to serve Writs Summon the County Sessions Assises and such like Bailiffs of Franchises Balivi Franchesiarum aut Libertatum are those who are appointed by every Lord within his Liberty to do such Offices therein as the Bailiff Errant does at large in the County Of these read Sir Tho. Smith de Repub. Angl. lib. 2. cap. 16. There are also Bailiffs of the Forest Manwood part 1. pag. 113. and Bailiffs of Husbandry belonging to private Men of good Estates who are so called because they dispose of the under servants every Man to his labor and task check them for misdoing their business gather the profits to their Lord and Masters use and deliver an account thereof at the years end or otherwise as it shall be called for The Office or Duty of a Bailiff of a Manor or Houshold which in ancient time seems to have been all one Fleta well describes Lib. 2. cap. 72 73. The word Balivus is derived from Baal i. Dominus quia Balivi Dominantur suis subditis quasi corum Magistri Domini Bailiff of the Moot See Moot Bale Fr. A Pack or certain quantity of Merchandise as a Bale of Spicery of Books or Thred I finde the word in the Statute 16 Rich. 2. cap. 1. and still in use And Ballot Fr. a little Pack Balenger Seems to have been a kinde of Barge or Water-vessel by the Statute 28 H. 6. cap. 5. Baliva Statute of Marlbridge 52 Hen. 3. cap. 2. Ubi Balivam habeat vel jurisdictionem Here Baliva is well expounded by the Statute it self for in this place it signifies Jurisdiction Cokes 2 Inst fol. 105. Balivo amovendo Is a Writ to remove a Bailiff out of his Office for want of sufficient living within his Bailiwick Reg. of Writs fol. 78. Balkers or Balcors See Conders Ban or Bans Bannum from the British Ban i. Clamor Is a Proclamation or publick notice given of any thing This word Bans we use in publishing Matrimonial Contracts in the Church before Marriage to the end If any Man can speak against the intention of the parties either in respect of Kinred Pre-contract or otherwise they may take their Exception in time And in the Canon Law Banna sunt Proclamationes sponsi sponsae in Ecclesiis fieri solitae Yet our word Banning seems to come thence being an Exclamation
hac prâ—senti Carta nostra confirmasse Baronibus nostris de Civitate nostra London quod elegant sibi Mayer de seipsis singulis annis c. See Spelmans Gloss at large upon this word Baronet Baronettus Is a dignity or degree of Honor which hath precedency before all Banerets Knights of the Bath and Knights-Batchelors except such Banerets as are made Sub vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter prâ—sente This Order of Baronets King James created in the year 1611. with such precedency as abovesaid and other priviledges c. as may appear in Rot. Fat 10 Jac. part 10. m. 8. 14 Jac. par 2. m. 24. with an Habendum sibi Haeredibus masculis c. See Baneret Where Baronets are mentioned in our old Statutes and ancient Authors it is mistaken for Banerets 2 Inst fol. 667. And Seldens Titles of Honor fol. 736. Barony Baronia Is the Dignity Territory and Fee of a Baron under which notion are comprehended not onely the Fees and Lands of Temporal Barons but of Bishops also who have two estates one as they are Spiritual Men by reason of their Spiritual Revenues and Promotions as was the Tribe of Levi among the Israelites The other grew from the bounty of our English Kings whereby they have Baronies and Lands so called and are thereby Barons or Lords of Parliament This Barony as Bracton says Lib. 2. cap. 34. Is a right indivisible and therefore if an Inheritance be to be divided among Coparceners though some capital Messuages may be divided yet Si capitale Messuagium sit caput Comitatus vel caput Baroniae they may not be parcelled The reason is Ne sic caput per plures particulas dividatur plura jura Comitatuum Baroniarium deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum The Mannor of Burford in the County of Salop was found by Inquisition capt 40 Edw. 3. Teneri de Rege ad inveniâ—ndos 5 homines pro Exâ—rcitu Walliae per servitium Baroniae and the Lord thereof Sir Gilbert Cornwal is called Baron of Burford but is no Baron of Parliament Barrator or Barater Fr. Barateur i a Deceiver Is a common mover or maintainer of Suits Quarrels or Parts either in Courts or elswhere in the Country and is himself never quiet but at variance with one or other Qui cum Terentiano Davo omnia perturbat To this purpose read Lamb. Eiren. pag. 342. who says also That Barrettor for so he writes it may come from the Latin Baratro or Balatro a vile Knave or 〈…〉 hrift and by a Metaphor a Spot in a Commonwealth See the Statute of Champerty 33 Edw. 1. Stat. 2. and Westm 1. cap. 32. Skene in the word Barratry says That Barrators are Symonists so called of the Italian word Barrataria signifying Corruption or Bribery in a Judge giving a false sentence for Money whom you may read more at large as also Hortensius Cavalcanus in his Tract de Brachio Regio parte 5. num 66. Barraster Barrasterius Repagularis Causidicus See Utter-Barraster Barre Fr. Barriere or Barre Signifies legally a destruction for ever or taking away for a time the action of him that hath right and it is called a Plea in Bar when such a Bar is pleaded Coke on Littl. fol. 372. Plowden in Colthirsts Case fol. 26 28. And Brook tit Barre num 101. and 5 Hen. 7. fol. 29. This word is also used for a Material Bar as the place where Serjeants at Law or Counsellors stand to plead Causes in Court or Prisoners to answer their Indictments whence our Lawyers who are called to the Bar or Licensed to plead in other Countreys called Licenciati are termed Barrasters 24 Hen. 8. cap. 24. See Blank-bar Bar Fee Is a Fee of xx d which every Prisoner acquitted of Felony pays to the Goaler Crompt Just of Peace fol. 158. Barrel Is a Measure of Wine Oyl c. containing the eighth part of a Tun the â—ourth of a Pipe and the moyety of a Hogshead that is Thirty one Gallons and a half Anno 1 Rich. 3. cap. 13. But the quantity of this Vessel seems to differ according to the Liquor for a Barrel of Beer contains Thirty six Gallons the Kilderkin Eighteen and the Firkin Nine A Barrel of Ale Thirty two Gallons the Kilderkin Sixteen and the Firkin Eight Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23. The said Assise of 32 Gallons of Wine-measure which is about 28 Gallons of old Standard well packed and containing in every Barrel usually a thousand full Herrings at least is and shall be taken for good true and lawful Assise of â—erring Barrels Anno 13 Eliz. cap. 11. Barriers Fr. Barrieres Signifies with us that which the French call Jeu de Barres i. Palaestram A Martial Exercise of Men armed and sighting together with short Swords within certain Bars or Rails whereby they are severed from the Beholders now disused Barter from the Span. Baratar i. To sell cheap or to deceive or cheat in Bargaining Signifies with us to exchange one commodity for another to truck Wares for Wares Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner do endeavor for the most part one to over-reach or deceive the other See Barrator Barton In Devonshire and the West of England Is used for the Demesn Lands of a Mannor for the Mannor-house it self and in some places for Out-houses and Fold-yards In the Statute 2 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synonima's See Berton Base Court Fr. Cour Basse Is any Coâ—rt not of Record as the Court Baron Of this read Kitchin fol. 95 96 c. Base Fee See Base Estate Base Estate Fr. Bas Estat Signifies that Estate which Base Tenants have in their Lands Base Tenants are those according to Lamb. verbo Paganus who perform inferior Villanous service to their Lords Kitchin fol. 41. makes Base-tenure and Frank-tenure to be contraries and puts Copiholders in the number of Base Tenants whence it may be gathered that every Base Tenant holds at the will of the Lord yet that there is a difference between a Base Estate and Villenage which Fitzherbert in his Nat. Br. fol. 12. seems to confound For to hold in pure Villenage is to do all that the Lord will command him So that if a Copiholder have but Base Estate he not holding by the performance of every Commandment oâ— his Lord cannot be said to hold in Villenage Whether it may be said That Copiholders are by custom and continuance of time grown out of that extream servitude wherein they were first created I leave to others of better Judgment since Fitâ—â— loco â—itato says Tenure by Copy is but of late time Basels Baselli A sort of Coyn alâ—olished
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon 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 lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per
God Lollardy and Lollery Anno 1 2 Phil. Ma. cap. 6. The Doctrine and Opinion of the Lollards Rogerus Acton miles pro Proditione Lollardia distrahatur suspendatur sic suspensus pendeat ad voluntatem Regis Middlesex Plac. Hill 1 Hen. 5. Rot. 7. Trin. 2 Hen. 5. Rot. 6. Lollards so called from Walter Lollard a German First Author of this Sect living about the year 1315. Were certain Hereticks at least in the Opinion of those times that abounded here in England in the days of Edward the Third and Henry the Fifth whereof Wicliff was the cheif in this Nation according to Stow in his Annals fol. 425. They are mentioned Anno 2 Hen. 5. cap. 7. Against these Lollards much was decreed by Tho. Arundel Archbishop of Canterbury in a Council at Oxford See their Tenets in Spotswoods History of Scotland fol. 61. The High Sheriff of every County is bound by his Oath to suppress them You shall says the Oath do all your pain and diligence to destroy and make to cease all manner of Heresie and Errors commonly called Lollardies within your Bailiwick from time to time with all your power c. The intent of the Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm so said the Statute of 2 Hen. 5. cap. 7. which was repealed 1 Edw. 6. cap. 12. See 3 Inst fol. 41. and Caudries Case Lord Dominus Sax hlaford signifying a Bread-giver Bountiful or Hospitable Is a word of Honor with us and used diversly Sometimes being attributed to those who are noble by Birth or Creation and are otherwise called Lords of the Parliament and Peers of the Realm sometimes to those who are so called by the curtesie of England as all the Sons of a Duke or Marquess and the eldest Son of an Earl Sometimes to Persons Honorable by Office as Lord Cheif Justice c. And sometimes to an Inferior Person that hath Fee and consequently the Homage of Tenants within his Mannor for by his Tenants he is called Lord and in some places for distinction sake Landlord In which last signification it is most used in our Law-Books where it is divided into Lord Paramount and Lord Mesn Lord Mesn is he that is owner of a Mannor and by vertue thereof hath-Tenants holding of him in Fee and by Copy of Court-Roll and yet holds himself of a Superior Lord called Lord Paramount or above him Old Nat. Br. fol. 79. We likewise read of Very Lord and Very Tenant Very Lord is he who is immediate Lord to his Tenant and Very Tenant he that holds immediately of that Lord. So that if there be Lord Paramount Lord Mesn and Tenant the Lord Paramount is not very Lord to the Tenant Broke tit Heriot num 1. Lord in Gross Is he who is Lord not by reason of any Mannor as the King in respect of his Crown Fitz. Nat. Br. fol. 3. and 8. where also is a Case wherein a private person is a Lord in Gross As a Man makes a Gift in Tail of all the Land he hath to hold of him and dies his Heir hath but a Seigniory in Gross Lorriners or Lorimers Fr. Lormier from the Lat. Lorum Is one of the Companies of London that make Bits for Bridles Spurs and such like small Iron ware Anno 1 Rich. 2. cap. 12. Lot or Loth Is the thirteenth Dish of Lead in the Darbishire Mines which belongs to the King Pro dominio suo Presentatum est in Ragemannis per 12 de Alto Pecco quod Rad. de Wyne fecit quandam Purpresturam in solo Domini Regis in Tatington Prestclivâ— faciendo mineram plumbi unde Rex sâ—lebat percipere le Lot mineris i. Tertium decimum vas c. Rot. Rageman de quo Warranto de Itin. de Derbi 9 Edw. 1. Et de minerâ— lucrata in hujusmodi opere in feodo Domini Regis Dominus Rex habebit pro Dominio suo tertium decimum discum qui dicitur le Loth. Eschaet de Anno 16 Edw 1. num 34. See Cope Lotherwit alias Leyerwit Is a Liberty or Priviledge to take amends of him that defiles ones Bond-woman without Licence Rastals Exposition of Words According to others it is an amends for lying with a Bond-woman See Lairwit Some think it should be rather written Legerwit for Leger in Saxon signifies a Bed or Lecherwite a mulct or punishment for Lechery Lourgulary Fr. Louâ—deriâ— i. Inhumanitas incivilitas In Statuto pro stratis London impresso Anno 1573. Art 45. Casting any corrupt thing appoisoning the Water is Lowrgulary and Felony some think it a corruption of Burglary See Glossar in decem Scriptores verbo Burglaria Lowbellers Anno 23 Eliz. cap. 10. Are such as go with Light and a Bell by the sight whereof Birds sitting on the Ground become somewhat stupified and so are covered with a Net and taken This name is derived from the word Low which in the Saxon or old English signifies a Flame of fire See the Antiq of Warwickshire p. 4. Lushborow or Lushburgs Was a base sort of Money coyned beyond Seas to the likeness of English Money in the days of Edward the Third and brought in to deceive the King and his People To avoid which it was made Treason for any Man wittingly to bring in any such Anno 25 Edw. 3. stat 4. cap. 2. 3 Parâ— Inst fol. 1. M. M. Every Person convicted for Murder Man-slaughter and admitted to the benefit of his Clergy to be marked with an M. upon the Brawn of the Left-thumb Anno 4 Hen. 7. cap. 13. Macegriefs alias Macegrefs Macâ—ecarâ—i Are such as willingly buy and sell stoln Flesh knowing the same to be stoln Britton cap. 29. In turnis Vice-com ' 12 Juratores inter alia presenteront Dâ— Macegrefs achatâ—uns vendauns a â—scient chars â—mbles Cromptons Justice of Peace fol. 193. a. Vide LL. Inâ— cap. 20. de â—arnem furtivam eâ—â—â—tâ— Madning-money Old Roman Coyns sometimes found about Dunstable are so called by the Countrey people and retains the name from Magintum used by the Emperor Antonine in his Itinerary for Duâ—stable Câ—m Maeremium Is derived from the Old Norman word Marismâ— for Timber Rex dilecto Rogerâ— de Horsley Constabulario Castri sui de Baumburg salutem Mâ—ndamus vobis quod â—omines partium prâ—dict nuper in Castro prâ—dicto pro salvatione Corporum rerum suarum contra aggressus Scotâ—rum commorantes Maeremium de logiâ—â— suis 〈◊〉 non bona catalla ac victualia sua in codem Castro in Fâ—ssato Motâ— ejusdem existentia sine impedimonto capere cariâ—re quo voluerint aâ—portare pormittatis c. T. Rege apud Co 〈…〉 k. 12 Juâ—ii Claus 16 Edw. 2. m. 3. Magbote or Maegbote From the Sax. Maeg i. cognatus bote compensatio A recompence for the slaying or murder of ones Kinsman For anciently in this Nation Corporal punishments for Murder and other great
offences were sometimes transmuted into pecuniary Fines if the Friends of the party slain were so content LL. Canuti Regis Par. 1. cap. 2. Magna Assisa Eligenda Is a Writ directed to the Sheriff to summon four lawful Knights before the Justices of Assise there upon their Oaths to chuse Twelve Knights of the Vicinage c. to pass upon the Grâ—at Assise between A. Plaintiff and B. Defendant Reg. of Writs fol. 8. 〈◊〉 〈◊〉 〈◊〉 The Great Charter Granted in the Ninth year of Henry the Third and confirmed by Edward the First and other Kings The reason why it was so termed was either for the excellency of the Laws and Liberties therein contained or else because there was another Charter called the Charter of the Forest established with it which was the lesser of the two or because it contained more then many other Charters or more then the Charter of King Henry the First Or in regard of the Wars and great troubles in the obtaining of it or the great and remarkable solemnity in the denouncing Excommunication and direful Anathema's against the infringers of it See Spelmans Gloss on this word at large who calls it Augustissimum Anglicarum libertatum diploma sacra Anchora So Edward Coke says It is Magnum in Parvo and that it hath been above thirty times confirmed On Littl. fol. 81. Mahim Mahemium from the Fr. Mehaigner i. mutilare Signifies a Corporal hurt whereby a Man loseth the use of any Member that is or may be any defence to him in Battel As the Eye the Hand the Foot Scalp of the Head Foretooth or as some say any Finger or Toâ— Glanvil lib. 14. cap. 7. See Brâ—ctâ—n at large lib. 3. tract 2. cap. 24. num 3. The cutting of an Ear or Nose or breaking the hinder Teeth is no Mahim because it is rather a deforming the Body then a diminishing its strength And when the case is difficult to judge whether it be a Mahim or not the â—udges commonly behold the party wounded and sometimes take the opinion of some able Chirurgeon The Canonists call it Membri Mutilationem All agree that it is the loss of a Member or the use thereof See Skene verbo Machanium Maiden â—ents Is a Noble paid by every Tenant in the Mannor of Builth in Com. Radnor at their Marriage and it was anciently given to the Lord for his quitting the Custom of Marcheta whereby some fancy That he was to have the first Nights Lodging with his Tenants Wife But I rather suppose it be a Fine for the Licence to marry a Daughter Sir Edm. Sawyer is now Lord of this Mannor See Marcheta Maignagium from the Fr. Maignen i. Faber ararius A Brasiers-shop Idem Hâ—go tenebat unum Maignagium in forâ—â—jusdem villa c. Lib. Ramâ—s sect 265. See Cotland Though 4 Inst fol. 338. confounds Managium with Mâ—suagium Maile Anciently a kinde of Money Etiam latiuâ— accipitur nec tantum pro denariiâ— plâ—â—ibus sed portione aliqua rei fr 〈…〉 〈◊〉 annoâ—aria â—oc verè in plaga Angliae Borâ—ali Blackmaile dicitur ut pocuniario illo distinguatur Inquis capta post mortem Wil. de Coway Anno 20 Edw. 3. n. 63. Lanâ— Est in â—â—verston quoddam proficuuâ— vocat â—â—â—smales quâ—ddaâ— proficuum apud Plumpton vocat Cowmale Spel. See Blackmaile Mainour Manour or Meinour from the Fr. Manier i. manu tractarâ— Signifies the thing that a Theiâ— takes away or steals As to be taken with the Manour Pl. Cor. fol. 179. Is to be taken with the thing stoln about him Again fol. 194. it was presented that a Theife was delivered to the Viscount together with the Manour And again fo 149. If the Defendant were taken with the Manor and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any Appeal or Inditement Si dicti Servientes seu Balivâ— sui aliquem latronem pro aliquo furto ubicunque fâ—erit facto cum Mannopere infra feodum Dominii sui prâ—dicti ceperint seu attach si ille latro feloniam illam coram quatuor villat voluntarie cognoverit tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉 onem decollare dictus Dux Lanc. tunc â—abebit omnia bona sua c. Plac. apud Cestriam 31 Ed. 3. de Quo War in Maner de Halton In Old Nat. Br. fo 110. it is thus used where a Man makes a thing by Manour or levying or estoping in such case he shall have Assise where it signifies handy-labour and is but an abbreviation of Mainovery Mainpernable Bailable What Prisoners arâ— Mainpernable and what not Anno 3 Edw. 1. ca. 15. See Mainprise Maine-porte Is a small tribute commonly of Loaves of Bread which in some places the Parishioners pay to the Rector of their Church in recompence for certain Tythes See Waxshot Vicaria de Wragby in Com. Linc. consistit in toto Altaragâ—o in Ceragio vulgariter dict Waxshot in panibuâ— vulgariter dict Manport in incremento denariorum Sancti Petri vulgariter dict Fireharth Spelman Mainprise Manucaptio of the Fr. Main i. Manus Prins i. Captus Signifies the taking or receiving a Man into friendly custody who otherwise is or might be committed to Prison upon security given for his forthcoming at a day assigned As to let one to Mainprise Old Nat. Br. fo 42. Is to commit him to those that undertake his appearance at the day appointed And they that thus undertake for any are called Mainpernors because they receive him into their hands Pl. Cor. fo 178. Hence the word Mainpernable that may be thus bailed For in many cases a Man is not Mainpernable whereof see Brook tit Mainprise And Fitz. Nat. Br. fo 249. Manwood in his 1 Par. For. Laws pa. 167. makes a great difference between Bayl and Mainprise For he that is Mainprised is already said to be at large and to go at his own liberty after the day he is set to Mainprise until the day of his appearance But not so where a Man is let to Baylâ— to four or two men by the Lord Iustice in Eyre of the Foreâ—t or any other Judge until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in Prison all that time So that he that is so bailed shall not be said by the Law to be at large or at his own liberty Thus Manwood Mainprise also is an undertaking in a su 〈…〉 certain Bail answers the condeâ—nation in Civil Causes and in Criminals body for body Cottoni postâ—uma When Mainprises may be granted and when not see Cromptons Justice of P. fo 136. and Britton fol. 73. The Author of the Mirror of Iustices sayes that Pledges are those that Ball or redeem any thing but the body of a Man and Mainpernors those that free the body That pledges therefore belong properly
King to some Baron or such like man of worth for him and his heirs to dwell upon and to exercise some jurisdiction more or less within that circuit as he thought good to grant performing him such services and paying such yearly rent for the same as he by his grant required and that afterward this great Man parcelled his Land to other meaner Men enjoyning them again such services and rents as he thought good and by that means as he became Tenant to the King so the inferiors became Tenants to him See Perkins Reservations 670. and Horns Mirror of Justices lib. 1. ca. du Roy Alfred In these dayes a Manor rather signifies the jurisdiction and Royalty incorporeal than the Land or scite For a man may have a Manor in Gross that is the right and interest of a Court Baron with the Perquisits and another enjoy every foot of the land belonging to it Kitchin fo 4. Bracton lib. 5. Tract 5. ca. 28. nu 1. See Fee A Manor may be compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowzen Court-baron and such like And this ought to be by long continuance of time bey ond mans memory For at this day as some hold a Manor cannot be made because a Court-Baron cannot be made and a Mannor cannot be without a Court-Baron and two suiters at least Manpygarnon Will. Walcote tenet Manerium de Adington in Com. Surr. per servitium inveniendi ad Coronationem Regis quoddam Potagium vocat Manpygarnon Mansion Mansio a Manendo A dwelling house a Country habitation most commonly used for the Lords chief dwelling House within his Fee otherwise called the Capital Messuage or the chief Manor-place See Skene verbo Mansus The Latin word Mansia in the Charter granted by King Kenulphus to Ruchin Abbot of Abingdon and mentioned by Sir Edward Coke in his Report de Jure Regis Ecclesiastico seems to signifie a certain quantity of Land Hida vel Mansia Mat. Westm in Anno 857. And in a Charter of Edw. Conf. it is written Mansa v. Hist of Pauls fo 189. Mansura Masura Are used in Domesday and other ancient Records for Mansiones vel habitacula villicorum But in carta de Anno 1 Edw. 3. n. 3. we read de tribus mansuris terrae in Wigornia quaere Manslaughter Homicidium Is the unlawful killing a Man without prepensed malice as when two meet and upon some sudden occasion falling out the one kills the other It differs from Murder because it is not done with foregoing malice and from Chancemedley because it has a present intent to kill and this is Felony but admits Clergy for the first time Stamf. pl. Cor. lib. 1 ca. 9. and Britton ca. 9. It is confounded with Murder in the Stat. 28 Edw. 3. ca. 11. Mansus Anciently a Farm Seldens Hist of Tythes pa. 62. Haec Indentura testatur quod Reginaldus Grey Dominus de Hastings Weisford de Ruthin tradidit Iohanni Saunders Mansum Manerii de Bedworth c. dat 18 Hen. 6. Here Mansum Manerii is used for the Mannor House or Mannor-Place Mansum capitale dicitur de aedibus Domini Manerii quas aulam vulgo nuncupant Mansum or Mansus is sometimes confounded with Mesuagium Spelman Manubrium The handle or haft of a Sword or Dagger Iur. praesentant quod A. de C. Aurifaber 2 Iunii 2 Iac. apud S. praedict quoddam Manubrium pugionis ferreum Anglice dictum A Dagger hilt of Iron c. Apud Maidston Manucaptio Is a Writ that lies for a Man who taken on suspicion of Felony and offering sufficient Bayl for his appearance cannot be admitted thereto by the Sheriff or other having power to let to Mainprise Fitz. Nat. Br. fo 249. See Mainprise How diversly it is used see the Table of Reg. of Writs And Pryns Animadversions fo 268. Manuel Manuelis That whereof present profit may be made or that is employed or used by the hand Stamf. Praerog fol. 54. As such a thing in the Manuel occupation of one i. Actually used or employed by him Manumission Manumissio Is the freeing a Villain or Slave out of bondage The form of this in the time of the Conqueror Lamb. in his Archai fo 126. sets down in these words Si quis velit servum suum liberum facere tradat cum vicecomiti per manum dextram in pleno comitatu quietum illum clamare debet a jugo servitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were manumitted by Charter Vide Brooke tit Villenage fo 305. Another way of Manumitting was for the Lord to take the Bondman by the Head and say I will that this Man be Free and then shove him out of his hand There was also Manumission imply'd as when the Lord made an Obligation for payment of Money to the Bondman at a certain day or sued him where he might enter without Sute or the like See Neif EDWARDUS Dei Gratia Rex Angliae Franciae Dominus Hiberniae Omnibus ad quos praesentes Literae nostrae pervenerint Salutem Sciatis quod nos ex gratia nostra speciali ex mero motu nostro Manu misimus ab omni jugo servitutis liberamus Johannem Dedwiche de Orleton in Com. Heref. Husbandman William Dedwiche de eadem Husbandman Nativos nostros de Manerio sive Dominio nostro de Orleton praedict Cum omnibus bonis catallis suis tuta eorum sequela progenie de eorum corporibus procreatis sive procreandis Ita quod nec Nos nec heredes nec Successores nec Assignati nostri aliquod Iuris vel clamei ratione alicujus Villenagii in ejusdem Johanne Willielmo seu de eorum progenie procreatis sive procreandis seu de bonis Catallis suis exigere vel vendicare poterimus in futuro c. In cujus rei testimon has literas nostras sub sigillo nostro Comitis nostrae Marchiae fieri fecimus Patentes Dat. vicessimo die Mensis Aprilis anno regni nostri octavo Ex ipso autographo penes Johan Colman Gen. locus sigil i. Sigillum Edwardi quarti dei gra regis anglie francie diu hiberme conntatussin marchie Manupastus Saepe obvenit in forensi dialecto pro famulo serviente Domestico Spelman Erat culpabilis tanquam de Manupasto Manwood cap. 16. n. 6. i. He shall be culpable as of a thing done by one of his family Gloss in x. Scriptor Manutenentia Is a Writ used in case of Maintenance Reg. of Writs fol. 182. 189. See Maintenance Manworth Sax. Manwyrth The price or value of a Mans Life or Head every Man according to his degree being rated at a certain price according whereunto satisfaction was of old made to his Lord for the killing him Marches Marchia Are the Bounds and Limits between
Parish-Churches under Bishops in England but other Authors differ in the number Parle-hill Collis vallo plerunque munitus in loco campestri ne insidiis exponatur ubi convenire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas terminandas Scotis reor Grith-hail q. Mons pacificationis cui Asyli privilegia concedebantur Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia frequentes vidimus the Parle and Parling-hills Spel. Parliament Parliamentum from the Fr. Parler loqui Is the great Assembly of this Kingdom consisting of the King and the three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons for the Debating of Matters touching the Common-wealth and especially the making and correcting Laws which Assembly or Court is of all other the highest and of greatest Authority as you may read in Sir Tho. Smith de Repub. Angl. Cam. Britan. pa. 112. Si vetustatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae As in an ancient Charter of King John Nullum Scutagium vel auxilium ponam in regno nostro nisi per Commune Consilium regni nostri c. The first Parliament in England according to Sir Richard Baker was held at Salisbury 19 April 16 Hen. 1. But see Cottoni Postâ—umâ— fo 15. and 2 Inst fo 268. where there is mention of Parliaments held long before that time The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the affairs of his Monastery Croylandensis libri haec sunt verba Concessimus etiam tunc Scrientium nostrae Ecclesiae Semanno de Lek qui veniens coram Conventu in nostro publico Parliamento similiter juramentum prestitit quod fidus fidelis nobis existerit Officium c. And at this day the Community of the two Temples or Inns of Court do call that Assembly A Parliament wherein they consult of the common affairs of their several Houses See Crom. Jurisd fo 1. See Royal assent Parliamentum insanum so called in History was a Parliament held at Oxford Anno 41 H. 3. MS. in Bibl. Cotton sub tit Vitellius C. 9. Parliamentum indoctorum Was a Parliament held at Coventry 6 Hen. 4. Whereunto by special precept to the Sheriffs in their several Counties no Lawyer or person skill'd in the Law was to come and therefore it was so called Walfingh pa. 412. n. 30. Rot. Parl. 6 Hen. 4. Parol Fr. Is used in Kitchin fo 193. for a Plea in Court and being joyn'd with Lease as Lease parol or Lease per parol is a Lease by word of mouth contradistinguish'd from one in writing Parson Persona Signifies the Rector of a Church because he for his time represents the Church and susteins the person thereof as well in suing as being sued in any action touching the same See Fleta lib. 9. ca. 18. Charta Hugonis Pusac alias Pudsey de Puteaco tempore Hen. 2. Hugo dei Gratia Dunelmensis Episcopus omnibus Archidiaconis suis Clericis laicis Episcopatus sui salutem Sciatis nos ad Praesentationem Roberti Capellani in Ecclesiam de Witefield quae in feudo suo sita est Canonice impersonasse Robertum nepotem suum Quare volumus praecipimus quatenus idem Robertus habeat teneat Ecclesiam praenominatam libere quiete tam in decimis quam in caeteris obventionibus sicut aliqui Clerici liberius quietius in Episcopatu nostro Ecclesias suas teneant Salvis in omnibus Episcopalibus consuetudinibus Testibus c. Endorsed thus Praesentatio Roberti de Quitefeld Parson imparsonee Persona impersonata Is the Rector that is in possession of a Church Parochial be it presentative or impropriate and with whom the Church is full For in the New Book of Entries verbo Ayd in Annuity you have these words Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. impersonata in eadem ad praesentationem F. Patronissae c. So that Persona seems to be the Patron or he that has right to give the Benefice by reason that before the Later an Councel he had right to the Tythes in respect of his liberality in erecting or endowing the Church Quasi sustineret personam Ecclesiae Persona impersonata he to whom the Benefice is given in the Patrons right For in the Reg of Writs judicial fo 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated and Dyer fo 40. num 72. sayes a Dean and Chapter are Parsons impersonees of a Benefice appropriated to them who also fo 221. num 19. plainly shews that persona impersonata is he that is inducted and in possession of a Benefice So that Persona seems to be termed impersonata onely in respect of the possession he has of the Benefice or Rectory be it appropriate or otherwise by the act of another Coke on Litt. fo 300. b. Parters of Gold and Silver See Finors Partes Finis nihil habuerunt c. Is an Exception taken against a Fine levied Cokes Rep. lib. 3. Case of Fines Particata terrae See Perticata terrae Partitione facienda Anno 31 Hen. 8. ca. 1. Is a Writ that lies for those who hold Lands or Tenements pro indiviso and would sever to every one his part against him or them that refuse to joyn in partition as Coparceners or Tenants in Gavelkind Old Nat. Br. fo 142. Fitz. Nat. Br. fo 61. and New Book of Entries verbo Partition Dorset Placita de Juratis Assis Anno 16 Edw. 1. Motingh EDwardus Kaynel Maria filia Roberti de Camma Johannes Bereset Matilda uxor ejus Johanna soror ejusdem Matildae petunt versus Johannem Alfrith de Warham unum Toftum cum pertin in Warham de quo Johannes Gerard consanguineus predictorum Edwardi Mariae Matildae Johannae cujus heredes ipsi sunt fuit scifitus in dominico suo ut de feodo dic quo obiit c. unde dicunt c. Et Johannes venit dicit quod tenementa in Warham sunt partibilia inter masculos femellas dicit quod praedictus Edwardus habet quasdam Gunnoram Matildam Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium quae tantum jus habent in re petita sicut c. quae non nominantur in brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. Partie-Jury Anno 14 Car. 2. ca. 11. See Medictas linguae Partlet Anno 24 Hen. 8. ca. 13. Was a kind of Band to wear about the necks both of Men and Women now out
Coronatoris Inquirendum est per 12 Juratos pro Rege super Sacramentum suum quod fideliter presentabunt sine ullo concelamento omnes fortunas â—i fortuito occisos abjurationes Appella Murdra Sacrobarra felonias factas per quos quot c. Quaere If Sacrobarra be not the same with Sacrilegia Safe Conduct Salvus Conductus Is a security given by the Prince under the Broad Seal to a stranger for his quiet coming in and passing our of the Realm Touching which you may see the Statutes Anno 15 Hen. 6. cap. 3. 18 Ejusdem cap. 8. 28 Hen. 8. cap. 1. and the Form of it in Reg. of Writs fol. 25. Safe-guard See Salva-guardia Safe-pledge Salvus Plegius Is a Surety given for a Mans appearance against a day assigned Bracton lib. 4. cap. 2. num 2. Where it is also called Certus Plegius Sagibaro alias Sachbaro The same we now call Justiciarius It signifies as much as Vir causarum vel causis litibus praepositus LL. Inae Regis Anglo-Saxonis cap 6. MS. Sagitta Barbata A Bearded Arrow Reddendo inde annuatim pro omni servitio sex Sagittas Barbatas ad Festum Sancti Michaelis c. Carta Hugonis de Logiis sine Dat. Sailing Ware Anno 1 Rich. 3. cap. 8. Seems to be Canvas or such kinde of Cloath as Sails for Ships are made of Saka Hoc est Quod Prior habet emendas amerciamenta de transgressionibus hominum suorum in Curia sua litigantium tam liberorum quam Villanorum Reg. Priorat de Cokestord See Sax. Salary Salarium Is a recompence or consideration made to a Man for his pains or industry bestowed on another Mans business The word is used Anno 23 Edw. 3. cap. 1. Salet Is a Head-peece Anno 4 5 Phil. Mar. From the Fr. Salut i. Salus Mentioned also 20 Rich. 2. cap. 1. viz. Sallet or Scul of Iron c. Otherwise called a Moriam or Pot. Salarium Lat. Custom paid for Salt Camden Salina A Salt-pit or Vate a House or place where Salt is made In Herbagiis Piscariis in Salinis Fabricis in minariis ferreis c. Carta 17 Edw. 2. num 28. Salique Law Lex Salica De terra Salica nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terrae hereditas perveniat c. Was an ancient Law made by Pharamund King of the Franks Part of which appears to have been borrowed by our Henry the First in compiling his Laws as Cap. 89. Qui hoc fecerit secundum Legem Salicam moriatur c. Salmon Pipe Anno 25 Hen. 8. cap. 7. Is an Engin to catch Salmons or such like Fish Salmon Sewse Seems to be the young Fry of Salmon Quasi Salmon issue Anno 13 Rich. 3. stat 1. cap. 19. Saltatorium A Deer-leap Clamat habere liberum Parcum suum apud Halton cum duobus Saltatoriis in eodem Pl. apud Cestriam 31 Edw. 3. Saltus Highwood See Boscus Salva Guardia Is a Protection given by the King to a stranger fearing the violence of some of His Subjects for seeking His Right by course of Law the form whereof see in Reg. of Writs fol. 26. Salvage Money Is a recompence allowed by the Civil Law in lieu of all damages sustained by that Ship that rescues or saves another which was set upon by Pyrates or Enemies Salute Salus Was a Coin made by our King Henry the Fifth in France after his Conquests there whereon the Arms of France and England were quarterly stamped Bakers Chron. fol. 187. Sanctuary Sanctuarium Is a place priviledged by the Prince for the Safe-guard of Offenders lives being founded on the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such Priviledge See Stamf. Pl. Cor. lib. 2. cap. 38. P. Bonifacius 5. jussit Aras Ecclesias esse asyla reis says Platina Among all other Nations our ancient Kings of England seem to have attributed most to these Sanctuaries permitting them to shelter such as had committed both Felonies and Treasons So that within forty days they acknowledged their fault and submitted themselves to banishment During which time if any Layman expelled them he was excommunicated if any Clerk he was made irregular But after forty days no Man might relieve them See New Book of Entries verbo Sanctuary and Fleta lib. 1. cap. 29. How by degrees they have been taken away See the Statutes 26 Hen. 8. cap. 13. and 28 Ejusdem cap. 7. 32 Ejusdem cap. 12. and 33 Ejusdem cap. 15. 1 Edw. 6. ca. 12 2 Ejusdem ca. 2. 33. and 5 Ejusdem cap. 10. See Abjuration Saint Johns of Beverley in Yorkshire had an eminent Sanctuary belonging to it which the Saxons called Fridstol q. Sedes Pacis So had St. Martins le Grand in London 21 Hen. 8. cap. 16. And Rippon had the like for which see Frodmortel Sand-gavel Is a payment due to the Lord of the Mannor of Rodely in Com. Gloc. for Liberty granted to the Tenants to dig Sand for their uses Taylors Hist of Gavelkind fol. 113. Sarplar of Wool Sarplera Lanae otherwise called a Pocket Is half a Sack a Sack eighty Tod a Tod two Stone and a Stone fourteen Pound See Fleta lib. 2. cap. 12. This in Scotland is called Serpliathe and contains eighty Stone See Skene verbo Serpliathe and 3 Part Inst fo 96. Sasse Annis 16 17 Car. 2. ca. 12. is a kind of Wear with Floudgates most commonly in Navigable and Cut Rivers for the damming and loosing the stream of Water as occasion requires for the better passing of Botes and Barges to and fro This in the West of Englad is called a Luck and in the River Lee less properly a Turnpike and in some places a Sluce Saterdays-stop Is a space of time in which of old it was not lawful to take Salmons in Scotland and the North of England that is from Evensong on Saturday till Sun-rising on Munday MS. Sauer default i. To excuse a defalt which is properly when a man having made defalt in Court comes afterwards and alleadges good cause why he did it as Imprisonment at the same time or the like New Book of Entries on this word Saunkefin from the Fr. Sang i. Sanguis Fin. Finis Is a word used by Britton ca. 119. for the determination or final end of the lineal Race or descent of a Kindred Saxonlage or Seaxenlage Seaxenlaga lex Saxonum See Merchenlage Scandalum Magnatum Is the special name of a Scandal or wrong done to any high Personage of the Realm as Prelates Dukes Earles Barons or other Nobles as also the Lord Chancellour Treasurer Steward of the House Clerk of the Privy-Seal Justice of either Bench or other great Officers by false newes or Messages whereby Debates and Discords betwixt them and the Commons or any scandal to their persons may arise Anno 2 Rich. 2. ca. 5.
mansionum connexione quod in oppidis potius expetendum esset successivis temporibus villis postea introductum est Spelman Vill and Parish shall be intended all one 2 Part Crokes Rep. Wreys Case fo 263. yet there may be two Vills in one Parish idem fo 120. Storks Case Uillain Villanus Fr. Vilain i. Illiberalis vilis impurus Signifies a Bondman of which there were two sorts in England one termed a Villain in gross who was immediately bound to the person of his Lord and his heirs the other a Villain regardant to a Mannor whom the Civilians term Glebae adscriptitium being bound to their Lord as Members belonging to and annexed to a Mannor whereof the Lord was owner Sir Thomas Smith Repub. Angl. lib. 3. ca. 8. Old Nat. Br. fo 8. Bracton lib. 1. ca. 6. num 4. He was properly a pure Villain of whom the Lord took redemption to marry his Daughter and to make him free and whom the Lord might put out of his Lands and Tenements Goods and Chattels at his will and beat and chastise but not maim him There are not properly any Villains now though the Law concerning them stands un-repealed We have rarely heard of any Case of Villenage since Crouches Case in Dyer See Preface to Rolls Abridgment Servorum enim Nativorum apud nos sublata est conditio quas ideo possidebant terras vel praedia hodie libere tenent sub antiquae servitutis consuetudinibus Spel. Omnibus Frater Mathaeus Abbas de Halesoweign Conventus ejusdem loci salutem Noveritis nos unanima voluntate concensu fecisse Johannem del Grene de Rug eakur liberum cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis Ita vero quod praefatus Johannes cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis ab omni jugo servitutis liberi maneant imperpetuum In cujus â—ei testimonium huic literae libertatis sigillum nostrum apposuimus Dat. 31 Ed. 3. Ex ipso Autographo penes Johannem Winsord Mil. Uillanis Regis subtructis reducendis Was a Writ that lay for the Soringing back of the Kings Bondmen that had been carryed away by others out of his Mannors whereto they belonged Reg. of Writs fo 87. b. Uillanous Judgment Villanum Judicium Is that which casts the reproach of villany and shame upon him against whom it is given as a Conspirator c. Stamf. Pl. Cor. lib. 3. ca. 12. fo 175. which Lam. in his Eiren. lib. 1. ca. 13. pa. 63. calls villanous punishment and sayes it may well be called villanous because the Judgment in such a case shall be like the ancient Judgment in Attaint as it is said Anno 4 Hen. 5. Fitz. Judgment 220 and in 27 lib. Assis pl. 59. is set down to be that they shall not be of any credit afterward nor lawful for them in person to approach the Kings Court and that their Lands and Goods be seised into the Kings hands their Trees rooted up and their Bodies imprisoned c. And at this day the punishment appointed for Perjury having somewhat more in it then corporal or pecuniary pain strotching to the discrediting the testimony of the Offendor for ever may be partaker of this name This and such like is elsewhere termed vile odibile Judicium See Pillory Uillein fleeces Anno 31 Edw. 3 ca. 8. Are bad fleeces of Wool that are shorn from scabb'd Sheep Uillenage Villenagium Signifies a servile kind of tenure of Lands or Tenements whereby the Tenant was bound to do all such services as the Lord commanded or were fit for a villain to perform ubi sciri non poterit vespere quale servitium fieri debet mane Bracton lib. 2. ca. 8. num 3. The division of Villenage was villain of Blood and of Tenure Tenure in Villenage could make no Freeman villain if it were not continued time out of mind nor free land make villain free Villenage is also divided by Bracton ubi supra into Purum villenagium a quo praestatur servitium incertum indeterminatum as above is said and Villenagium Soccagium which was to carry the Lords Dung into his Fields to plow his ground at certain dayes Sow and Reap his Corn c. and even to empty his Jakes as the Inhabitants of Bickton were bound to do those of Clun Castle in Shropshire which was afterwards turned into a Rent now called Bicton silver and the villanous service excused Placita de Banco a die Pasche in 15 dies 34 Hen. 3. Rot. 20 Berks. WIll Maynard qui tenuit terras in Heurst cognoscit se esse Villanum Abbatis de Abbendon tenere de eo in Villenagio per villanas consuetudines viz. per servitium 18 d. per annum dandi Maritagium Marchetum pro filia sorore sua ad voluntatem ipsius Abbatis faciendo omnes villanas consuetudines Copyholders or Tenants by Copy is but a new name for anciently they were called Tenants in Villenage or of base Tenure Fitz. Nat. Br. fo 28. C. Uinnet Anno 14 Car. 2. ca. 33. A kind of flower or border with which Printers use to garnish printed leaves Uirgata terrae Al. Virga terrae A Yard-land MS. Codex Decem acrae terrae faciunt secundum antiquam consuetudinem unam ferdellam quatuor ferdellae faciunt virgatam See Yardland Uiridario eligendo Is a Writ that lies for the choice of a Verderor in the Forest Reg. of Writs fo 177. Uirilia A mans privy-members the cutting off of which was Felony by the Common-Law according to Bracton lib. 3. fo 144. whether the party consented or not Henricus Hall A. uxor ejus capti detenti in prisona de Evilchester eo quod rectati fuerint quod ipsi absciderunt virilia Johannis Monacbi quem idem Henricus deprehendit cum praedicta A. uxore ejus Rot. Claus 13. Hen. 3. m. 9. Uirga ferrea Sciant quod ego Hamundus Urri dedi Nich. filio Edde pro viii 5. sterlingis quos mihi dedit prae manibus unam placetam terrae meae in vico versus Dustelee quae jacet inter terram meam terram Philippâ— filiâ— Heylin cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium totidem aretro c. Ex libro Cart. Prior. Leominstr This was so many yards according to the Kings Standard in the Exchequer which anciently was of Iron now Brass Uisitation Visitatio Is that Office or Action which is perform'd by the Bishop in every Diocess once in every three years or by the Arch-deacon once a year by visiting the Churches and their Rectors c. Ut populus illorum curae commissus salubriter a pastoribus ordine gubernetur Reform Leg. Eccles fo 124. Ne quid detrimenti capiat Ecclesia sayes another Author Uisitation of Manners Visitatio