who at any time sithence the first day of this present parlament or at any time hereafter shall depart the Realme or begin to keepe his or her house or houses or otherwise to absent him or her selfe or take sanctuarie or suffer him or her selfe willingly to be arrested for any debt or other thing not growne or due for mony deliuered wares sould or any other iust or lawful cause or good consideration or purposes or hath or will suffer him or her selfe to be outlawed or yeld him or her selfe to prison or willingly or fraudulently hath or shall procure him or her selfe to be arrested or his or her goods money or chatels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent graūt or conueyance of his her or their lands tenements goods or chatels to the intent or whereby his her or their creditours being subiects borne as aforesaide shall or may be defeated or delayed forthe recouery of their iust and true dept or being arrested for debt shall after his other arrest lye in prison fixe monethes or more vpon that arrest or any other arrest or detention in prison for debt and lye in prison sixe monethes vpon such arrest or detention shall be accompted and adiudged a bankrupt to all intents and purposes Banishment exilium abiuratio commeth of the French bannissement and hath a signification knowne to euery man But there be two kinds of banishments in England one voluntarie and vpō oath whereof you may reade Abiuration the other vpon cōpulsion for some offence of crime as if a lay-man succor him that hauing taken sanctuarie for an offence obstinately refuseth to abiure the realme he shall loose his life and member if a Clerke do so he shall be banished Stawnf pl. cor fol. 117. This punishment is also of our moderne Civilians called bannimētum which was aunciently tearmed deportatio if it were perpetuall or relegatio in insulam if for a time Vincentius de Franchis Petrus de Belluga in suo speculo fol. 125. num 4. Barbaries Oxyeantha is a thornie shrub knowne to most men to beare a bery or fruite of a sharpe taste These beries as also the leaues of the said tree be medicinable as Gerara in his herball sheweth lib. 3. cap. 21. You find them mentioned among drugs to be garbled anno 1. Iacob cap. 19. Bard aliâs Beard See Clack Bargaine and sale as it seemeth by West part 1. symb lib. 2. sect 436. is properly a contract made of maners lands tenements hereditaments and other things transferring the propertie thereof from the bargainer to the barganee But the author of the new termes of lawe addeth that it ought to be for money saying farder that this is a good contract for land c. and that fee-simple passeth thereby though it be not said in the deed To haue and to hold the land to him and to his heyres and though there be no liuerie and seisin made by the seller so it be by deed indented sealed and enrolled either in the Countie where the land lyeth or within one of the kings courts of Records at Westminster within sixe moneths after the date of the deed indented anno 27. H. 8. cap. 16. Barkarie Barkaria is a heath house New booke of Entries titulo Assise corp polit 2. Some call it a Tanne house Baron Baro is a French word and hath diuers significations here in England First it is taken for a degree of Nobilitie next vnto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this signification it is borowed from other nations with whom Baroniae be as much as Prouinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as haue the gouernment of Prouinces as their fee holden of the king some hauing greater some lesser authoritie within their territories as appeareth by Vincentius de Franchis in diuers of his desceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call court-barons as they be at this day called Seigneurs in France that haue any such manor or lordship Yea I haue heard by men very learned in our Antiquities that neere after the conquest all such came to the Parlament and sate as Nobles in the vpper house But when by experience it appeared that the Parlament was too much pestered with such multitudes it grew to a custome that none shold come but such as the king for their extraordinarie wisedome or qualitie thought good to call by writ which writ ranne hac vice tantùm After that againe men seeing this estate of Nobilitie to be but casuall and to depend meerly vpon the Princes pleasure they sought a more certain hold and obtained of the King leters patents of this dignitie to them and their heyres male And these were called Barons by leters patents or by creation whose posterity be now by inheritance and true descent of Nobilitie those Barons that be called Lords of the Parlament of which kind the king may create more at his pleasure It is thought neuerthelesse that there are yet Barons by writ as wel as Barons by leters patents and that they may be discerned by their titles because the Barons by writ are those that to the title of Lord haue their owne surnames annexed as Compton North Norice c. whereas the Barons by leters patents are named by their Baronies These Barons which were first by writ may now iustly also be called Barons by prescription for that they haue continued Barons in themselues and their auncestors time beyond the memorie of man The originall of Barons by writ Master Camden in his Britannia pag. 109. in meo referreth to Henry the third Barons by leters patents or creation as I haue heard among our Antiquaries were first created about the dayes of Henry the sixth the maner of whose creation reade in Master Stowes Annales pag. 1121. Of all these you may also reade Master Ferui glorie of Generositie pa. 125 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. de rep Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by yeare or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour ciuill and militarie addeth athird kind of Baron calling them barons by tenure and those be the Bishops of the land all which by vertue of baronries annexed to their bishoprickes haue alwaies had place in the vpper house of Parlament and are tearmed by the name of Lords spirituall Baron in the next significatiō is an Officer as barons of the Exchequer be to the king of which the principall is called Lord chiefe Baron capitalis Baro and the three other for so many there be are
Mearc which signifieth a peece of mony worth thirty siluer pence Lamb. explicat of Saxon words verbo Mancusa what it now signifieth in our coyne euery man knoweth But in auncient times I find a merke of gold which was the quantitie of eight ounces Stowes annals pag. 32. and againe pag. 691. 12. merkes of golde Troy weight the which was 200. pounds of English mony after which rate euery merke valued 16. pounds 13. shillings 4. pence M. Skene de verbor signific verbo Merke saith that in tractatu de ponderibus mensuris a Mercke signifieth an ounce weight or halfe a pound wherof the dramme is the eighth part like as the ounce is the eighth part of a marcke citing Cassanaeus de consuet Burgund Rub. prim § 7. verbo Solz Turnoys hiis verbis Solidus inquit in iure capitur pro auro quorum 72. faciunt libram auri duodecim vncia faciunt libram octo vnciae mercaÌ„ Market mercatus commeth of the French marche i. emporium forum nundinarium it signifieth with vs the same thing and also the liberty or priuiledge whereby a towne is enabled to keepe a market Old nat br fol. 149. So doth Bracton vse it lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he sheweth that one market ought to bee distant from another sex lencas dimidiam tertiam partem dimidiae The reason thereof both he and Fleta giueth in these wordes Quia omnes rationabiles dietae constant ex 20. milliaribus Diuidatur ergo dieta in tres partes prima auteÌ„ matutina detur euntibus versus mercatum secunda detur ad emendum vendendum quae quidem sufficere debet omnibus nisi sint forte mercatores statarii qui merces deposuerint exposuerint venales quibus necessaria erit prolixior mora in mercatu tertia pars relinquitur redeuntibus de mercatu ad propria Et quaequidem omnia necesse erit facere de die non de nocte propter infidias incursum latronum vt omnia sint in tuto c. lib. 4. cap. 28. § Item refert Marle is a kind of stone or â—halke which men in diuers countries of this Realme cast vpon their land to make it the more fertile It is some where called Malin anno 17. Edvard 4. cap. 4. Marque seemeth to bee a French word signifying notam vel signum or else to come from the German march i. limes it signifieth in the auncieÌ„t statutes of our land as much as reprisals as anno 4. H. 5. cap. 7. Marques and Reprisals are vsed as synonyma And leters of Marque are found in the same signification in the same chapter The reason may be because â—â—e griefes wherevpon these leâ—â—rs are sought and graunted are commonly giuen about the â—ounds and limits of euery contrey or at least the remedie for the same is likest there to bee had by some sodaine inrode happing of such recompence of the iniurie receiued as may most conueniently be lighted vpon See Reprisals See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifiing originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertuÌ„ est nisi quod Gothicum vocabulum putamus And afterward thus Huiusmodi Marchionum siue vt nos appellamus Margraphiorum origo in limitaneos praepositos siue duces referenda Margraphis dicti quòd limitibus quos vulgò marken appellamus graphii id est praepositi fuerunt c. For in those teritories that haue naturally noe bounds of great strength or defence there is neede of wise and stout men toward their borders for the keeping out of neighbour enemies But here in England though we haue a Lord warden of the marches northward and a warden of the cinque ports toward the south east and were wont to haue Lo. Marchers between vs and Wales that serued this turne yet those which we call Marquises are lords of more dignity without any such charge and are in honour and accompt next vnto Dukes At this day I know but one in England and that is the Marquis of Winchester being of that noble familie of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a lawyer of great accompt that liued in Henry the seuenth his daies whose learned readings are extant but not in print Lamb. Eiren. li. pri cap. 1. Marterns see Furre Master of the Rols Magister rotulorum is an AssistaÌ„t vnto the Lord Chauncelour of England in the high court of Chauncery and in his absence heareth causes there and giueth orders Crompt Iurisd fol. 41. His title in his patent as I haue heard is Clericus paruae bagae custos rotulorum domus conuersorum This domus conuersorum is the place where the rols are kept so called because the Iewes in auncient times as they were any of them brought to christianity were bestowed in that house separatly from the rest of their nation But his office seemeth originally to haue sprong from the safe keeping of the Roules or records of inditements passed in the kings courts and many other things He is called clerke of the rols anno 12. R. 2. ca. 2. and in Fortescue his booke cap. 24. and no where master of the rols vntil anno 11. Hen. 7. cap. 20. and yet anno 11. einsdem cap. 25. he is also called clerk In which respect Sir Thomas Smith li. 2. ca. 10. de Repnb Angl. well saith that he might not vnfitly be called Custos Archiuorum He seemeth to haue the bestowing of the offices of the sixe clerks anno 14. 15. Hen. 8. cap. 8. Master of the mint anno 2. Hen. 6. cap. 14. he is now called the Warden of the mint whose office see in Mint Master of the court of Wards and Liueries is the cheife and principall officer of the court of wards and liueries named and assigned by the king to whose custodie the seale of the court is committed He at the entring vpon his office taketh an oath before the Lord Chauncelour of England well and truly to serue the King in his office to minister equal iustice to rich poore to the best of his cunning witte and power diligently to procure all things which may honestly and iustly be to the kings aduaÌ„tage and profit and to the augmentation of the rights and prerogatiue of the crowne truly to vse the kings seale appointed to his office to end eauour to the vttermost of his power to see th 〈…〉 king iustly aunswered of all suc 〈…〉 profits rents reuenewes a 〈…〉 issues as shall yearely rise grow or be due to the king in his office from time to time to deliuer with speed such as haue to do before him not to take or receiue of any person any gift or reward in any case or mater depending before him or wherein the king shall be party
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries 〈◊〉 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the statute anno 27. Ed. 3. stat 2. cap. 17. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners by direction from the mouth of the King Guins preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
princeps eum advocabit nec tuebitur cum fuerit rite Waiviata sicut fit de masculo qui secundum legem terrae ritè fuerit vtlagatus c. To the same effect writeth Fitz h. in his na br fo 161. viz And because women be not sworne in leetes to the King as men be of the age of 12 yeares or vpward it is said when a woman is outlawed that shee is waiued but not out-lawed for shee was neuer vnder the law nor sworne vnto it More of this you may reade in Bracton lib. 3. tracta 2. cap 12. 13. and then in the 14. how an outlaw is inlawed againe and restored to the Kings peace and protection See also Fleta lib. 1. cap. 28. per totum Virum See Assise Viter Baristers be such as for their longe study and great industry bestowed vpon the knowledge of the common lawe be called out of their contemplation to practise and in the face of the world to take vpon them the protection and defence of clients These are in other countries called Licentiati in iure How be it in modestie they still continue themselues hearers for diuers yeares like the scholers of Pythagoras that for the first fiue yeres neuer aduentured to reason or discourse openly vpon any point of their masters Doctrine which their silence a cohibendo sermone was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas and Zenedorus doe report Vtlepe significat escapium latronum Fleta lib. 1. ca. 47. W VVAge vadiare proceedeth of the French Gager i. dare pignus pignore certare and signifieth in our common lawe the giuing of securitie for the performing of any thing as to wage lawe to wage deliuerance which see before in Gage None wageth lawe against the King Brooke tit Chose in action num 9. The substantiue of this verb is Wager in the latine vadium which some Feudists call wadium as testifieth Hotoman in his Commentaries de verbis feudalibus verbo Wadium See Lawe Wainage Wainagium aliâs Wannagium signifieth as much as peculium servorum of the Saxon word wouen i. habitare woeuing i. habitatio See Gainage Waiue waiuiare Register orig fol. 277. a is to forsake habere pro derelicto as the Ciuilians terme it Waiviare feudum suum Bracton lib. 2. cap. 7. that is to forsake Many of the Kings liege people to be outlawed and many waiued by erroneous proces anno 7. H. 4. ca. 13. See Vtlawrie To waiue the company of theeues Stawnf pl. cor fol. 26. To waiue his benesit Idem fol. 46. to waiue the aduantage Idem praerog fol. 17. Persons attainted or waiued West parte 2. simbol titulo Fines sect 13. D. This word waiued waiuiata properly belongeth to a woman that being siewed in law contemptuously refuseth to appeare as outlawed doth to a man Registerorig fo 132. b. 277. a. The reason whereof see in Fitzh nat br fol. 161. A. See Weif Wales Wallia is a part of England on the west side inhabited by the ofspring of the auncient Britons chased thither by the Saxons being called hether by them to assist them against the might of the Picts The reason of the appellation commeth from the Saxon wealh 1. exterus vel peregrinus for so the Saxons both called them and held them though now to the great quiet of this kingdome they be incorporated vnto vs See M. Lamb explication of Saxon words verbo Wallus Walkers seeme to be those that are otherwise called Foresters Crompton in his Iurisdictions fol. 154. hath these words in effect There be Foresters assigned by the King which be walkers within a certeine space assigned them to looke vnto Waiuiaria mulieris is as much as vtlagatio viri Register originall fol. 132. b. See Waiue Wapentake Wapentakium is all one with that which we call a Hundred as appeareth by Bracton lib. 3. tract 2. ca. pri nu pri in fine Conuocentur saith he postmodum seruientes Baliui Hundredorum per ordinem irrotulentur Hundredarii siue wapentakia nomina seruientium quorum quilibet affidabit quod de quolibet Hundredo eliget quatuor milites qui statim veniant coram Iusticiariis ad faciendum preceptum Domini Regis qui statim iurabunt quòd eligent duodecim milites vel liberos legales homines si milites non inueniantur c. M. Lamberd in his explication of Saxon words verbo Centuria is of the same minde and farder saith that this word is especially vsed at this day in the countries be north the riuer Trent And in the lawes of King Edward set forth by him nu 33. it is most plaine in these words Et quod Angli vocant Hundredum supradicti comitatus vocant wapentakium But there he nameth some shires of this side Trent as Warwick shire Leicester shire and Northhampton-shire In the words there folowing there is a reason giuen of this appellation in these words Et non sine causa Cum quis enim accipiebat praefecturam wapentakii die statuto in loco vbi consueuerant congregari omnes maiores contra eum conueniebant descendente de equo suo omnes assurgebant ei Ipse verò erecta lancea sua ab omnibus secundum morem foedus accipiebat Omnes enim quotquot vtnissent cum lanceis suis ipsius hastam tangebant ita confirmabant per contractum armorum pace palam concessa Anglicè enim arma vocantur waepun taccare confirmare quasi armorum confirmatio Vel vt magis expressè secundum linguam anglicanam dicamus waepentak armorum tactus est waepun enim arma sonant tac tactus est Quamobrèm poterit cognosci quòd hac de causa totus ille conuentus dicitur wapentae eò quòd per tactum armorum suorum ad inuicem confoederati sunt Thus farre the booke goeth word for word With whom Fleta agreeth sauing that Fleta saith that this word is vsed in all counties be north Watlinstreete li. 2. ca. 61. § vniuersimode Take Sir Tho Smithes opinion also whose words in his second booke de Rep Anglo ca 16. be these Wapentak I suppose came of the Danes or peraduenture of the Saxons For that so many townes came by there order then into one place where was taken a mouster of there armour and weapons in which place from them that could not finde sufficient pledges for their good abearing their weapons were taken away The statute anno 3. Henrici 5. ca. 2. anno 9. H. 6. cap. 10. anno 15. H. 6. ca. 7. T. maketh mention of Stainctife Wapentake and Frendles Wapentake in Crauen in the County of Yorke See Roger Houeden parte poster suorum annalium fo 346. b. Wards and Liueries wardi liberaturae is a Court first erected in King Henry the eighth his time and afterward augmented by him with the office of Liueries and therefore called by him as now it is the Court of wards and Liueries The chiefe of this Court is called
the master of the Court c. To whom are ioyned the Surueiour Atturny and Receiuer of the said Court as his Assistants then as Ministers the Register two inferiour Atturnies or Clerks and a Messenger Ward Custodia is the German word as Garde is the French Both these be vsed among our common lawyers the one by those that write in French the other by those that write in English Wherefore for your farder vnderstanding See Gard and Gardein Yet is Gard sometime vsed in the Englishbookes also as yeomen of the Gard. And also the keeper of one in his minority is not called a warder but a Gardein or Gardian Ward hath diuers applications as a Ward in London latined warda which is a portion of the City committed to the especiall charge of some one of the 24. Aldermen of the city in such sort as euery one knoweth his certaine ward assigned vnto him and hath dwelling within the same compas some one graue Citizen for the good gouernment thereof who is in that respect a Deputie to the said Alderman and commonly called the Aldermans Deputie Of these there be 25. within the citie and one without beside other liberties and the suburbes Stowes Suruey of London Also a Forest is diuided into wards Manwood parte prim of his Forest lawes pag. 97. Lastly a prison is otherwise called a Ward And the heire of the Kings tenent houlding by knights seruice or in capite or of any common person by Knights seruice is called Ward during his nonage See anno 32. H. 8. cap. 46. Warden Gardianus signifieth al one thing with the French Gardien And therefore of this see more in Gardien But it is the more vsuall word of all that writ in English for him that hath the keeping or charge of any person or thing by office as Wardens of Felowships in London anno 14. H. 8. cap. 2. Warden courts anno 31. H. 6. ca. 3. Warden of the Marches anno 4 H. 7. cap. 8. Wardens and Communaltie of the lanes contributorie to Rochester bridge anno 18. Eliz. cap. 7. Wardens of peace anno 2. Ed. 3. cap. 3. Statute Northampton Warden of the West Marches Camd. Brit. pag. 606. Warden of the Forest Manwood parte prim pag. 111. 112. Warden of the Aulnage anno 18. H. 6. cap. 16. Chiefe Warden of the Forest Manwood parte prim pag. 42. 43. Warden of the Kings wardrobe anno 51 H. 3. statut quinto Wardens of the tables of the Kings Exchaunge anno 9. Ed. 3. stat 2. cap. 7. anno 9. H. 5. stat 2. c. 4. Warden of the rolles of the Chauncerie anno 1. Ed. 4. cap. 1. cap. 5. Warden or Clerke of the hamper of the Chauncerie ibid. Warden of the kings writs and Records of his common bench ibid. Warden of the Kings armour in the tower anno 1. Ed. 4. cap. 1. Wardnote is a court kept in euery ward in London anno 32. H. 8. cap. 17. ordinarily called among them the Wardmote Court Ward peny is money to be contributed toward watch and ward Warantie warantia commeth of the French garantie or garant i. vindex litis which is a word of great antiquitie with the French men being brought first thither by the Francogalli And thence do they make a Latinish verbe viz. guarentare vel vt est in aliis libris guarentisare i. causam alterius suscipere se defensorem profiteri The Feudists also vse this word guarentus quo significatur is qui Latinis author dicitur euictionem praestat lib. 2. Feud titulo 34. § 2. The Ciuilians haue a stipulation habere licere whereby is signified a power of perpetuall quiet possession to be giuen l. 11. § final Π. de action empt vend But this reacheth not so farre as our warrantie For the seller hereby is bound but to a kind of diligence and care to maintaine the buyer in his possession For if he be euicted the buyer is not tyed to recōpence Doctores in l. stipulatio ista Habere licere Π. de verb. obliga Warrantie signifieth in our common lawe a promise made in a deed by one man vnto another for himselfe and his heires to secure him and his heires against all men for the enioying of any thing agreed of betweene them And he that maketh this warrantie is called Warrantus by Bracton lib. 2. cap. 10. 37. The Romaines called him Auctorem as Hotoman testifieth in his Commentarie vpon Tullies oration pro Aulo Caecinna verbo Cesennius author fundi whom you may reade more at large And that which we terme vocationem warranti the Ciuilians call authoris laudationem vel nominationem Eimer pract cap. 48. This warranty passeth from the seller to the buyer from the feoffer to the feoffee from him that releaseth to him that is released of an action reall and such like And for the forme it passeth in a clause toward the end of a deed in these wordes Et ego verò praefatus I. haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus assignatis suis contra omnes gentes warrantizabimus in perpetnum per praesentes West parte prim symbol lib. 2. titulo Feofments sect 281. 288. So a release may be with a clause of warrantie Idem eodem titulo Releases sect 510. There is also a warrant of Atturney whereby a man appointeth another to do some thing in his name and warranteth his action West eod sect 181. And these warrāts of Atturney seeme to differ from leters of Atturney because that whereas leters passe ordinarily vnder the hand and seale of him that maketh an Atturney by them before any credible witnesses warrants of Atturney be acknowledged before such persons by such means and in such maner as Fines West parte 2. symbol titule Recoueries sect prim F. See Atturney But these waranties in passing land from one to another be of greatest consequent of more intricate vnderstanding And therefore of these diuers haue written at large as Glanvile lib. 3. per totum Bracton lib. 5. tract 4. per totum Britton cap. 105. Litleton in the last chapter of his tenures the forme and effect whereof Bracton in his second booke cap. 16. num 10. declareth thus Et ego haeredes mei warrantizabimus tali haeredibus suis tantùm vel tali haeredibus assignatis haeredibus assignatcrum vel assignatis assignatorum eorum haeredibus acquietabimus defendemus eis totam terram illam cum pertinentiis secundum quod praedictum est contra omnes gentes in perpetuum per praedictum seruitium Per hoc autem quòd dicit Ego haeredes mei obligat se haeredes suos ad warrantiam propinquos remotos praesentes futuros ei succedentes in infinitum Per hoc autem quòd dicit warrantizabimus suscipit in se obligationem ad defendendum suum Tenementum in possessione res datae