called bannimertum which was aunelently tearmed depertatlo if it were perpetual or religatio in insulam if for a time Vincentius de Franchis Petrus de Bellug a in suo speculo fol. 125. num 4. Barbaries Oxycantha is a thornie shrub known to most men to bear a berry or frâ—â—t of a sharp taste These berries as also the leaves of the said tree be medicinable as Goard in his Herbal sheweth lib. 3. cap. 21. You find them mentioned among Drugges to be garbled Anno 1 Jacob. cap. 9. Bargain and sale as it seemeth by Westpart 1. symb lib. 2. sect 436 is properly acontract made of mannors lands renements hereditaments other things transferring the property thereof from the bargainer to the bargainee But the Author of the new terms of Law addeth that it ought to be for money saying farther that this is a good contract for Land c. and that Fee-simple passeth thereby though it be not said in the deed To have and to hold the land to him and to his heire and though there be no liverie and selfin made by the seller so it be by deed intended sealed and enrolled either in the County where the land lyeth or within one of the Kings Courts of Records at Westminster within six moneths after the date of the Deed intended an 27 H. 8. cap. 16. Barkarie Barkaria is a heath house New book of Entries titulo Assise corp poliâ— 2. Some call it a Tan-house Baron Barao is a French word and hath divers fignifications here in England First it is taken for a degree of Nobility next unto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this fignification it is borrowed from other Nations with whom Baroniae be as much as Provinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as have the government of Provinces as their Fee holden of the King fome having greater some lesser authority within their territories as appeareth by Vincentius de Franobis in divers of his disceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call Court-barons as they be at this day called Seigneurs in France that have any such Mannor or Lordship Yea I have heard by men very learned in our Antiquities that neer after the Conquest all such came to the Parliament and sate as Nobles in the upper-house But when by experience it appeared that the Parliament was too much pestered with such multitudes it grew to a custome that none should come but such as the King for their extraordinary wisedome or quality thought good to call by Writ which Writ ran hac vice tantùm After that again men feeing this estate of Nobility to be but casual and to depend meerely upon the Prineâ—s pleasure they sought a more certain hold and obtained of the King letters patents of this dignity to them and their heires male And these were called Barons by letters patents or by creation whose postority be now by inhefitance and true delcent of Nobility those Barons that be called Lords of the Barliament of which kind the King may create more at his pleasure It is thought neverthelesse that there are yet Barons by writ as well as Barons by letters patents and that they may be discerned by their titles because the Barons by writare those that to the title of Lord have their own surnames annexed as Crompton North Norice c. whereas the Barons by letters patents are named by their Barronies These Barons which were first by writ may now justly also be called Barons by prescription for that they have continued Barons in themselves and their auncestors came beyond the memory of man The original of Barons by writ Master Camden in his Britaunia Pag. 109. in meo referreth to Henry the third Barons by letters patents or creation as I have heard among our Antiquaries were first created about the days of Henry the sixth the manner of whose creation read in Master Stows Annals pag. 1121. Of all these you may also read Mast Ferns glory of Generofity pa. 125. 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. dâ—â—â—pub Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by year or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour civill and militariy addeth a â—ird kind of baron calling them Barons by conure and those be the Bishops of the land all which by vertue of Baronies annexed to their Bishopricks have alwaies had place in the upper house of Parliament and are termed by the name of Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer be to the King of which the principal is called Lord chief Baron capitalis Baro and the three other for so many there be are his Assistants in causes of Justice between the King and his subjects touching causes appertaining to the Exchequer The Lord chief Baron at this day is the chief Judge of the Court and in matter of Law Information and Plea answereth the Barr and giveth order for judgement thereupon He alone in the Term time doth sit upon Nist prius that come out of the Kings Remembrancers office or out of the office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He taketh recognisancea for the Kings debts for appearances and observing of orders He taketh the presentation of all the officers in Court under himself and of the Maior of London and seeth the Kings Remembrancer to give them their oaths He taketh the declaration of certain receivers accounts of the lands of the late augmentation made before him by the Anditors of the Shires He giveth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chief Baron answereth the Barr in matters aforesaid he also taketh recognisances for the Kings debts apparences and observing of orders He giveth yearly the oath to the late Maior and Escheatour of London for the true account of the profits of his office He taketh a declaration of certain receivers accounts He also examineth the letters and sums of such Sheriffs forrain accounts as also the accounts of Escheatours and Collectours of subsidies and Fifteens as are brought unto him by the Auditors of the Court. The third Baron in the absence of the other two answereth the barr in matters aforesaid he also taketh recognisances as aforesaid He giveth yearly the oath of the late Major and Gawger of London for his true accounting He also taketh a declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him The fourth Baron is alwayes a
at least the remedy for the same is likest there to be had by some sodain inrode and happing of such recompence of the injury received as may most conveniently be lighted upon See Reprisalls See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifying originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertum est nisi quod Gothicum vocabilum putamus And afterwards thus Hujusmodi Marchionum sive ut nos appellamus Margraphiorum origo in limitaneos praepositos sive duces referenda Margraphii dicti quòd limitibus quos vulgo marken appellamus graphii td est praepositi fuerunt c. For in those Territories that have naturally no bounds of great strength or defence there is need of wise and stout men toward their borders for the keeping out of Neighbour enemies But here in England though we have a L. Warden of the Marches northward and a Warden of the Cinque Ports toward the South-east and were wont to have Lord Marchers between us and Wales that served this turn yet those which we call Marquises are Lords of more dignity without any such charge and are in honor and account next unto Dukes At this day I know but one in England and that is the Marques of Winchester being of that noble family of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a Lawyer of great account that lived in Henry the seventh this daies whose learned Readings are extant but not in print Lambert Eirenarch lib. 1. cap. 1. Marterns see Furre Master of the Rolls Magistri rotulorum is an Assistant unto the Lord Chancellour of England in the High Court of Chancery and in absence heareth Causes there and giveth Orders Cromptons Jurisdiction fol. 41. His Title in his Patent as I have heard is Clericus parvae bagae Custos rotulorum domus conversorum This Domus conversorum is the place where the Rolls are kept so called because the Jews in ancient time as there were any of them brought to Christianity were bestowed in that House seperately from the rest of their Nation But his office seemeth originally to have sprung from the safe keeping of the Rolls or Records of Indictments passed in the Kings Courts and many other things He is called Clark of the Rolls anno 12 Rich. 2. cap. 2. and in Fortescue his Book cap. 24. and no where Master of the Rolls untill anno 11 H. 7. cap. 20. and yet an 11. ejusdem cap. 25. he is also called Clark In which respect Sir Thomas Smith l. 2. cap. 10. de Repub Angl. well saith That he might not unfitly be called Custos Archivorum He seemeth to have the bestowing of the offices of the six Clarks anno 14 15 Henry the eight cap. 1. Master of the Mint an 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 Liveries is the chief principal officer of the Court of Wards and Liveries named and assigned by the King to whose Custody the Seal of the Court is committed He at the entring upon his office taketh an oath before the Lord Chancellor of England well and truly to serve the King in his Office to minister equal Justice to rich and poor to the best of his cunning wit and power diligently to procure all things which may honestly and justly be to the Kings advantage and profit and to the augmentation of the rights and Prerogative of the Crown truly to use the Kings Seal appointed to his Office to endeavour to the uttermost of his power to see the King justly answered of all such profits rents revenues and issues as shall yearly rise grow or be due to the King in his Office from time to time to deliver with speed such as have to do before him not to take or receive of any person any gift or reward in any Case or matter depending before him or wherein the King shall be party wherby any prejudice losse hinderance or disherison shall be or grow to the King an 33 H. 8. cap. 33. Master of the Horse is he that hath the rule and charge of the Kings stable being an Office of high account and alwaies bestowed upon some Noblemen both valiant and wise This Officer under the Emperors of Rome was called Comes sacri stabuli The master of the Horse is mentioned anno 39 Eliz. ca. 7. and an 1 Edw. 6. cap. 5. Master of the Posts is an Officer of the Kings Court that hath the appointing placing and displacing of all such through England as provide Post horse for the speedy passing of the K. messages other businesses in the thorow-fair towns where they dwel as also to see that they keep a certain number of convenient Horses of their own and when occasion is that they provide others therewith to furnish such as have warrant from him to take Post-horses either from or to the Seas or other borders or places within the Realm He likewise hath the care to pay them their wages and make their allowance accordingly as he shall think meet This Officer is mentioned an 2 E. 6. cap. 3. Master of the Armoury is he that hath the care and oversight of his Majesties Armour for his person or Horses or any other provision or store thereof in any standing Armouries with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39 Elizabeth cap. 7. Master of the Jewel-house is an Officer in the Kings houshold of great credit being allowed bouge of Court that is dyet for himself and the inferiour Officers viz. Clarks of the Jewel-house and a special lodging or Chamber in Court having charge of all plate of Gold of Silver double or parcel guilt used or occupied for the Kings or Queens board or to any Officer of account attendant in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Mention is made of this Officer an 39 Eliz. c. 7. Master of the Kings Houshold magister hospitii is in his just Title called Grant master of the Kings Houshold and beareth the same Office that he did that was wont to be called Lord Steward of the Kings most honourable Houshold anno 32 Henry 8. cap. 39. Whereby it appeareth that the name of this Officer was then changed and Charles Duke of Suffolk President of the Kings Councel then enjoying that office was so to be called ever after so long as he should possess that office Master of the Ordinance anno 39 Eliz. ca. 7. is a great officer to whose care all the Kings Ordinance and Artillery is committed being some great man of the Realm and expert in marshal affairs Master of the Chancery Magister Cancellariae is an assistant
hurried to the Kings Bench if the cause were too high for the County Court They differed from the Justices of Oyer and Terminer because they as is above-said were sent upon some one or few especial cases and to one place whereas the Justices in Eyre were sent through the Provinces and Counties of the land with more indefinite and general Commission as appeareth by Bracton lib. 3. cap. 11 12 13 and Britton cap. 2. And again they seem to differ in this because the Justices of Oyer and Terminer as it is before said were sent uncertainly upon any uproar or other occasion in the countrey but these in Eyre as M. Gwin setteth down in the Preface to his Reading were sent but every seven year once with whom Horn in his mirrour of Justices seemeth to agree lib. 2. cap. queux point estre actourrs c. and lib. 2. cap. des peches criminels c. al suyte de Roy c. and li. 3. ca. de Justices in Eyre where he also declarâ—th what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fol. 313. b. hath of them these words Justiciarii itinerantes constituti per Henricum secundum i. qui divisit regnum suum in sex partes per quarum singulas tres Justiciarios itinerantes constituit quorum nomina haec sunt c. Justices of Gaol delivery Justiciarii ad Gaolas deliberandas are such as are sent with Commission to hear and determine all causes appertaining to such as for any offence are cast into the Gaol part of whose authority is to punish such as let to Mainprise those prisoners that by law be not baileable by the Statute de finibus cap. 3. Fitz. nat br fol. 151. I. These by likelihood in antient time were sent to Countries upon this several occasion But afterward Justices of Assise were likewise authorised to this anno 4 Ed. 3. cap. 3. Their oath is all one with other of the Kings Justices of either Bench Old Abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of labourers were Justices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or have unreasonable wages See anno 21 Edvardi 3. cap. primo anno 25 ejusd cap. 8. an 31 ejusd cap. 6. Justices of Nisi prius are all one now adayes with Justices of Assises for it is a common Adjournment of a cause in the Gommon Plees to put it off to such a day Nisi prius Justiciarit venerint ad eas parte ad capiendas Assisas and upon this clause of Adjournment they are called Justices of Nisi Prius as well as Justices of Assises by reason of the writ or action that they have to deal in their Commission you may see in Cromptons Jurisdictions fol. 204. yet M. Crompton maketh this difference between them because Justices of Assise have power to give judgement in a cause but Justices of Nisi prius only to take the verdict But in the nature of both their functions this seemeth to be the greatest difference because Justices of Nisi prius have to deal in causes personal as well as real whereas Justices of Assise in strict acception deal only with the possessory writs called Assises Justices of trial baston alià s of trayl baston were a kind of Justices appointed by King Edward the first upon occasion of great disorder grown in the Realm during his absence in the Scotish and French warres they are called in the Old nat brev fol. 52. Justices of trial Baston but by Holynshed and Stow Ed. pri of Trail baston or trailing or drawing the staff as Holynshed saith Their office was to make inquisition through the Realm by the verdict of substantial Juries upon all officers as Maiors Sheriffs Bayliffs Escheators and others touching extortion briberies and other such grievances as intrusions into other mens lands and Barratours that used to take money for beating of men and also of them whom they did beat by means of which inqusitions many were punished by death many by ransome and so the rest flying the Realm the land was quieted and the King gained great riches toward the supporting of his wars Inquire farther of the name Baston is thought by some to be the beam of a pair of Scoales or Weights And this is in this place metaphorically applied to the just peising of recompence for offences committed My poor opinion is that the etymologie of this title or addition groweth from the French Treilles i. cancelli bars or lettises of what thing soever a grate with crosse bars or of the singular Treille i. pargula an house arbour a rail or form such as vines run upon and Baston a staff or pole noting thereby that the Justices imployed in this Commission had authority to proceed without any solemn Judgement Seat in any place either compassed in with railes or made Booth or Tent-wise set up with staves or poets without more work wheresoever they could apprehend the malefactors they sought for See libro Assisarum folio 57.141 Justices of Peace Justiciarii ad pacem are they that are aprointed by the kings Commission with others to attend the peace of the Countie where they dwell of whom some upon special respect are made of the Quorum because some businesse of importance may not be dealt in without the presence or assent of them or one of them Of these it is but folly to write more because they have so many things appertaining to their Office as cannot in few words be comprehended And again Justice Fitzherbert sometime sithence as also Master Lamberd and Master Crompton of late have written Bookes of it to their great commendation and fruitfull benefit of the whole Realm See also Sir Thomas Smith de repub Anglorum lib. 2. cap. 19. They were called Gardians of the Peace until the 36. year of king Edward the third cap. 12. where they be called Justices Lam. Eirenarcha lib. 4. cap. 19. pag. 578. Their oath see also in Lamberd lib. 1. cap. 10. Justices of Peace c. within Liberties Justiciarii ad pacem infra libertates be such in Cities and other Corporate Towns as those others be of any County and their authoritie or power is all one within their several precincts Anno 27 H. 8. cap. 25. Justicies is a Writ directed to the Sheriff for the dispatch of Justice in some especiall cause wherewith of his own authoritie he cannot deal in his County Court lib. 12. cap. 18. whereupon the Writ de Excommunicato deliberando is called a Justicies in the Old nat brev fol. 35. Also the Writ de homine replegiando eodem fol. 41. Thirdly the Writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Justicies the Sheriff may hold plee of a great summe whereas of his ordinary authoritie he cannot hold plees but
anno 35. H. 8. cap. 26. and the County of Litchfield Cromptons Justice of peace fo 59. a. County is in another signification used for the Countie court which the Sheriff keepeth every month within his charge either by himself or his Deputy anno 2. Ed. 6. ca. 25. Crompt Juris f. 221. Bract. li. 3. c. 7. l. 3. tract 2. cap. 12. Of these Counties or Shires one with another there are reckoned in England 37. beside twelve in Wales The word comitatus is also used for a jurisdiction or territory among the Feudists County court curia comitatus by M. Lamberd is otherwise called conventus in his explication of Saxon words divided into two sorts one retaining the geneeal name as the County-court held every moneth by the Shiereve or his Deputy the under Sheriff wherof you may read in Crompt jurisd f. 231. the other called the Turn held twice every year which see more at large in his place and Cromptons Jurisd fol. 231. This County court had in antient times the cognition of these and other great matters as may appear by Glanvile lib. 1. cap. 2.3.4 by Bracton and Britton in divers places and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico It had also and hath the determination of certain trespasses and debts under forty shillings Britton cap. 27 28. what manner of proceeding was of old used in this Court see Fleta ubi supra Coursitour See Cursetour Court curia cometh of the French court which signifieth the Kings Palace or Mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus divided the whole number of the Romans sometime also the Senat-house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curta agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput urbis c. Court with us signifieth diversly as the House where presently the King remaineth with his ordinary retinue and also the place where Justice is judicially ministred of which you find 32 several sâ—rts in M. Cromptons book of Jurisdictions well described And of them most be courts of record some be not and therefore are accounted base Courts in comparison of the rest Beside these also there are Courts Christian Smith de Repnb Anglor lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledg in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope of Rome because he chalenged the superiority in all causes spiritual but sithence his ejection they hold them by the Kings authority virtute magistratus sui as the Admiral of England doth his Court Whereupon it proceedeth that they send out their precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the appeal from these Courts did lye to Rome now by the statute anno 25 H. 8. cap. 19. it lieth to the King in his Chancerie Court baron curia baronis is a Court that every Lord of a manor which in ancient times were called Barons hath within his own precincts Barons in other Nations have great Territories and jurisdiction from their Soveraignes as may be proved out of Cassanaeus de gloria mundi part 5. consideratio 56. by Vincentius de Franchis descis 211. and many others Bu here in England what they be and have been heretofore see in Baron Of this Court Baron you may read your fill in Kitchin that writeth a large Book of it and of a Court Leet Sir Edward Coke in his fourth Book of Reports amongst his Copy-hold cases fol. 26. b. saith that this Court is two after a sort and therefore if a man having a mannor in a Town and do graunt the inheritance of the Copy-holders thereunto belonging unto another this grantee may keep a Court for the customarie Tenants and accept surrenders to the use of others and make both admittances and graunts the other Court is of Free-holders which is properly called the Court Baron wherein the suters that is the Free-holders be Judges whereas of the other the Lord or his Steward is Judge Court of Pypowders See Pie-powders Court of Requests curia requestarum is a Court of equity of the same nature with the Chancerie principally instituted for the help of such petitioners as in conscionable cases deal by supplication with his Majestie This Court as M. Gwin saith in the Preface to his Readings had beginning from Commission first granted by Henry the eighth to the Masters of Requests whereas before that time by his opinion they had no warrant of ordinary jurisdiction but travelled between the King and the Petitioner by direction from the Kings mouth But Sir Julius Caesar in a Tractate of his painfully and very judiciously gathered from the Records of the same Court plainly sheweth that this Court was 9 Henrici septimi though then following the King and not setled in any certain place neither swayed particularly by the Masters of Requests as now it is but more at large by others of the Kings most Honourable Councel whom he pleased to employ in this service For page 148. of the said Tractate you have the form of the oath then ministred to those that were Judges in this Court and à pag. pri usque ad pag. 46. causes of divers natures which in the said Kings dayes were there handled and adjudged This Court as that right honourable and Learned Knight in a Brief of his upon the same Court plainly proveth was and is parcel of the Kings most honoutable Councel and so alwayes called and esteemed The Judges thereof were alwayes of the Kings most Honourable Councel appointed by the King to keep his Councel board The keeping of this Court was never tyed to any place certain but onely where the Counsel sate the suters were to attend But now of late for the ease of suters it hath been kept in the White-Hall at Westminster and onely in Term time It is a Court of Record wherein Recognizances are also taken by the Kings Councel The form of proceeding in this Court was altogether according to the processe of summarie causes in the Civil Law The persons Plaintiffs and Defendants were alwayes either privileged as officers of the Court or their servants or as the Kings servants or as necessary Attendants of them or else where the Plaintiffs poverty or mean estate was not matchable with the wealth or greatnesse of the Defendant or where the cause meerly contained matter of Equity and had no proper remedie at the Common law or where it was specially recommended from the King to the Examination of his Councel or concerned Universities Colleges Hospitals
of summs under forty shillings Crompton fol. 231. agreeth with him It is called a Justicies because it is a commission to the Sheriff ad Justiciandam aliquem to doe a man right and requireth no return of any certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. maketh mention of a Justicies to the Sheriff of London in a case of Dower See the new book of Entries Justicies Justification Justificatio is an upholding or shewing a good reason in Court why he did such a thing as he is called to answer as to Justifie in a cause of Replevin Broke titulo Replevin KE KEeper of the great Seal Custos Magni Sigilli is a Lord by his Office and called Lord-Keeper of the great Seal of England c. and is of the Kings privy Councel under whose hands pass all Charters Commissions and Grants of the King strengthened by the great or broad Seal Without the which Seal all such Instruments by Law are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmly but under the said Seal This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place authority preheminence Jurisdiction execution of Laws and all other Customes Commodities and advantages as hath the Lord Chancellor of England for the time being Keeper of the privy Seal Custos privati Sigilli is a Lord by his Office under whose hands pass all Charters signed by the Prince before they come to the broad or great Seal of England He is also of the Kings privy Councell He seemeth to be called Clerk of the privy Seal anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office by reason the Prince thinketh good rather to keep his Seal in his own hands and by private trust to commit it to his principal Secretary or some such one of his Councel as he thinketh fit for that function Keeper of the Touch anno 2 H. 6. cap. 14. seemeth to be that Officer in the Kings Mint which at this day is termed the Master of the Assay See Mint Keeper of the Forest Custos Forestae is also called Chief Warden of the Forest Manwood parte prim of his Forest laws pag. 156. c. and hath the principal government of all things belonging thereunto as also the check of all Officers belonging to the Forest And the Lord Chief Justice in Eyr of the Forest when it pleaseth him to keep his Justice Seat doth forty daies before send out his general Summons to him for the warning of all under Officers to appear before him at a day assigned in the Summons This see in Manwood ubi supra KI King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifying him that hath the highest power and absolute rule over our whole Land and thereupon the King is in intendment of Law cleared of those defects that Common persons be subject unto For he is alwaies supposed to be of full age though he be in years never so young Cromptons Jurisdictions fol. 134. Kitchin fol. 1. He is taken as not subject unto death but is a Corporation in himself that liveth ever Crompton ibidem Thirdly he is above the Law by his absolute power Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws he do admit the three Estates that is Lords Spiritual Lords Temporal and the Commons unto Counsel yet this in divers learned mens opinions is not of constraint but of his own benignity or by reason of his promise made upon oath at the time of his Coronation For otherwise were he a Subject after a sort and subordinate which may not be thought without breach of duty and loyalty For then must we deny him to be above the Law and to have no power of dispersing with any positive law or of granting especial Privileges and Charters unto any which is his only and clear right as Sir Thomas Smith well expresseth lib. 1. cap. 3. de Repub. Anglica and Bracton lib. 2. cap. 16. num 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity except such as he bindeth himself by Oath not to forgive Stawnf pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua Bracton l. 2. c. 24. nu 1. And though at his Coronation he take an Oath not to alter the laws of the Land yet this Oath notwithstanding he may alter or suspend any particular Law that seemeth hurtfull to the publique Estate Blackwood in Apologia Regum cap. 11. See Oath of the King Thus much in short because I have heard some to be of opinion That the Laws be above the King But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which look in Oath of the King The Kings Oath in English you may see in the old Abridgement of Statutes titulo Sacram. Regis Fourthly the Kings only Testimony of any thing done in his presence is of as high nature and credit as any Record Whence it commeth that in all Writs or Precepts sent out for the dispatch of Justice he useth none other Witness but himself alwaies using these words under it Teste me ipso Lastly he hath in the right of his Crown many Prerogatives above any common person be he never so potent or honorable whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made anno 17 Ed. 2. though that contain not all by a great number What the Kings power is read in Bracton lib. 2. cap. 24. nu pri 2. King of Heralds Rex Haraldorum is an Officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Judgement Seat where the King of England was wont to sit in his own person and therefore was it moveable with the Court or Kings houshold And called Curia Domini Regis or Aula Râ—gia as Master Gwin reporteth in the Preface to his Readings and that in that and the Exchequer which were the only Courts of the King untill Henry the Thirds dayes were handled all matters of Justice as well Civil as Criminal whereas the Court of Common Plees might not be so by the Statute anno 9 H. 3. cap. 11. or rather by Master Gwins opinion was presently upon the grant of the great Charter severally erected This Court of the Kings bench was wont in ancient times to be especially exercised in all Criminal matters and Plees of the Crown leaving the handling of private contracts to the County Court Glanvil lib. 1. cap. 2 3 4 lib. 10. cap. 18. Smith de Repub. Anglicana lib. 2. cap. 11. and hath President of it the Lord
signifieth in our Common law even the same as the repeal of a Statute Rastal titulo Repeal Brook useth Repellance in this signification titulo Rapellance Repleader Replacitare is to plead again that which was once pleaded before Rastal titulo Repleader See the new Book of Entries verbo Repleader Replegiare See Replevie See Second deliverance Replevie Plevina is the bringing of the writ called Replegiari facias by him that hath his Cattell or other Goods distreined by another for any cause and putting in surety to the Shyreeve that upon the delivery of the thing distreined he will persue the action against him that distreined Terms of Law See Replegiare It is used also for the bayling of a man pl. cor f. 72 73 74. West pri cap. 11. cap. 15. anno 3 Ed. 1. Replegiare de averiis is a writ brought by one whose Cattell be distreined or put in pound upon any cause by another upon surety given to the Shyreeve to persue the action in law anno 7 H. 8. cap. 4. Fitz. nat br fol. 68. See the Register original of divers sorts of this writ called Replegiare in the Table verbo codem See also the Register judicial fol. 58. 70. See also the new book of Entries verbo Replevin See Dyer fol. 173. un 14. Replevish replegiare is to let one to mainprise upon surety Anno 3 Edw. 1. cap. 11. Replication replicatio is an exception of the second degree made by the Plaintiff upon the first answer of the Defendant West parte 2. symbol titulo Chancery sect 55. West 2. anno 13 Ed. pri cap. 36. This is borrowed from the Civilians De replicationibus li. 4. Institutio titulo 14. Report reportus is in our Common law a relation or repetition of a Case debated or argued which is sometime made to the Court upon reference from the Court to the Reporter sometime to the world voluntarily as Ploydens reports and such like Reposition of the Forest was an act whereby certain Forest grounds being made purlieu upon view were by a second view laid to the Forest again Manwood parte pri pag. 178. Reprisells reprisalia are all one in the Common and Civil law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data creditori pro injuriis et damiis acceptis Vocabucarius utriusque juris This among the ancient Romanes 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. Law of Marque of the German word March i. terminus limes And the reason may be because one destitute of Justice in another territory redresseth himself by the goods belonging to men of that territorie taken within his own bounds Requests Supplicum libelli Curia Requistionum is a Court of the same nature with the Chauncery redressing by equity the wrongs that poor men do suffer at their hand whose might they are not able to withstand either in Law or otherwise It took beginning as some men think by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed between the Prince and Petitioners 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 plead his right in a cause for merly commenced between other two See the new book of Entries verbo Resceit V. Aide prier The Civilians call this admissionem tertii pro suo interesse Of this you have one example in the terms of Law viz. if Tenant for term of life or Tenant for term of years bring an action he in the reversion commeth in and prayeth to be received to defend the land and to plead with the Demandant Many more you may have in Brook titulo Resceit fol. 205. See Perkins Dower 448. Receit is also applyed to an admittance of plee though the controversie be between two only Brook estoppel in many places Resceyt of homage is a relative to doing homage for as the Tenant who oweth homage doth it at his admission to the land so the Lord receiveth it Kitchin fol. 148. See Homage Rescous Rescussus cometh of the French Rescourre se Rescourre du danger i. asserere se ab injuria It signifieth in our common Law a resistance against a lawful authority as for example if a Bayliff or other Officer upon a Writ do arrest a man and another upon a Writ do arrest a man and another one or more by violence do take him away or procure his escape this act is called a Rescus Cassanaeus in his book de consuctud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations doe use this word in the same signification that we doe or the very like It is also used for a Writ which lyeth for this act called in our Lawyers Latine Breve de rescussu whereof you may see both the form and use in Fitz. nat bre fol. 101. and the Register original fol. 125. See the new book of Entries vâ—rbo rescous This rescous in some cases is treason and in some felony Crompton Justice fol. 54. b. Reseiser reseisire is a taking again of lands into the Kings hands whereof a general livery or â—â—ster le main was formerly missused by any person or persons and not according to form and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir is residere and signifieth a mans aboad or continuance in a place Old nat br fol. 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custom of speech tyeth that only to persons ecclesiastical Reservation signifieth that rent or service which the granter in any grant tyeth the grantee to perform unto him or them or the Lord Paramont Perkins reservations per cotum Residence residentia cometh of the Latin residere and is peculiarly used both in the Canon and common Law for the continuance or aboad of a Parson or Vicar upon his benefice The default whereof except the party be qualified and dispensed with is the losse of ten pounds for every month anno 28 Henr. 8. cap. 13. Resignation resignittiò is used particularly for the giving up of a Benefice into the hands of the Ordinary otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by use more restreined to the yeelding up of a spiritual living into the hands of the Ordinary and Surrender to the giving up of temporal Lands into the hands of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he
Kingdome they be incorporated unto us See M. Lamberds explication of Saxon words verbo Wallus Walkers seem to be those that are otherwise called Foresters Crompton in his Jurisdictions fol. 145. hath these words in effect There be Foresters assigned by the King which be walkers within a certain space assigned them to look unto Waiviaria mulieris is as much as utlagatio viri Regist. orig fol. 132. b. See Waive Wapentake Wapentakium is all one with that which we call a Hundred as appeareth by Bracton lib. 3. tract 2. cap. pri nu pri in fine Cenvocentur saith he postmodum servientes Balivi Hundredorum per ordinem irrotulentur Hundrederii sive Wapentakia et nomina servientium quorum quilibet affidabit quod de quolibet Hundredo elig â—t quatuer milites qui statim veniant coram Justiciariis ad faciendum praeceptum Domini Regis et qui statim jurabunt quòd eligent duodecim milites vel liberos legales homines si milites non inveniantur c. M. Lamberd in his explication of Saxon words verbo Centuria is of the same mind and farther saith that this word is especially used at this day in the Countries be North the river Trent And in the laws of King Edward set forth by him num 33. it is most plain in these words Et quod Angli vocant Hundredum supradicti comitatus vocant wapentakium But there he nameth some Shires on this side Trent as Warwick-shire Leicester-shire and Northampton shire In the words there following there is a reason given of this appellation in these words Et non sine causa Cum quis enim accipiebat praefecturam wapentakii die statuto in loco ubi consueverant congregari omnes majores contra cum conveniebant descendente de equosuo omnes assurgebant ei Ipse vero erecta lancea sua ab omnibus secundum morem soedus accipiebat Omnes enim quoiqust venissent cum lanceis suis ipsius hastam tangebant ita confirmabunt per contractum â—rmorum pace palam concessa Anglicè enim arma vocantur waepun taccare confirmare quasi armerum confirmatio Vel ut magis expressè secnndum linguam anglicanam â—icamus wapentak armorum tactus est waepun enim arma sonant tac tactus est Quomokrem poterit cognosci quòd hac de causa totus ille conventus dicitur wapentak cò quòd per tactum armorum suorum ad invicem confoederati sunt Thus far the book goeth word for word With whom Fleta agreeeth saving that Fleta saith that this word is used in all Counties be North Watlinstreet li. 2. ca. 61. â— universimode Take Sir Thomas Smiths opinion also whose words in his second book de Rep. Anglo ca. 16. be these Wapentak I suppose came of the Danes or peradventure of the Saxons For that so many Towns came by their order then into one place where was taken a muster of their armour and weapons in which place from them that could not find sufficient pledges for their good abearing their weapons were taken away The Statute anno 3 Henrici 5. cap. 2. anno 9 H. 6. cap. 10. anno 15 Hen. 6. cap. 7. To maketh mention of Stainctife Wapentake and Frendles Wapentake in Craven in the county of York See Roger Hoveden parte poster suorum annalium fol. 346. b. Wards and Liverus wardi liberaturae is a Court first erected in King Henry the eighth his time and afterward augmented by him with the Office of Liveries and therefore called by him as now it is the Court of Wards and Liveries The chief of this Court is called the Master of the Court c. To whom are joyned the Surveiour Attorny and Receiver of the said Court as his Assistants then as Ministers the Register two inferiour Attorneys or Clerks and a Messenger Ward Custodia is the German word as Garde is the French Both these be used among our common Lawyers the one by those that write in French the other by those that write in English Wherefore for your farther understanding see Gard and Gardein Yet is Gard sometime used in the English books also as yeomen of the Gard. And also the keeper of one in his minority is not called a warden but a Gardein or Gardian Ward hath divers applications as a Ward in London latined warda which is a portion of the City committed to the especial charge of some one of the four and twenty Aldermen of the City in such sort as every one knoweth his certain ward assigned unto him and hath dwelling within the same compass some one grave Citizen for the good government thereof who is in that respect a Deputy to the said Alderman and commonly called the Aldermans Deputy Of these there be five and twenty within the City and one without beside other Liberties and the Suburbs Stows Survey of London Also a Forest is divided into wards Manwood parte prim of his Forest laws pag. 97. Lastly a Prison is otherwise called a Ward And the heir of the Kings tenent holding by Knights service or in capite or of any common person by Knights service is called Ward during his nonage See an 32 Hen. 8. cap. 46. Warden Gardianus signifieth all one thing with the French Gardein And therefore of this see more in Gardien But it is the more usual word of all that write in English for him that hath the keeping or charge of any person or thing by Office as Wardens of Fellowships in London anno 14 Hen. 8. cap. 2. Warden courts anno 31 H. 6. cap. 3. Warden of the Marches an 4 Hen. 7. cap. 8. Wardens and Communality of the lands contributory unto Rochester bridge anno 18 Elizab cap. 7. Wardens of peace anno 2 Ed. 3. cap. 3. Statute Northampton Warden of the West Marches Cambd. Brit. pag. 606. Warden of the Forest Manwood parte pri pag. 111 et 112. Warden of the Aulnage an 18 Hen. 6. cap. 16. Chief Warden of the Forest Manwood parte pri pag. 42 et 43. Warden of the Kings Wardrope anno 51 H. 3. statut quinto Wardens of the tables of the Kings Exchange anno 9 Edw. 3. statut 2. cap. 7. et anno 9 Hen. 5. stat 2. cap. 4. Wardens of the Rolls of the Chancery anno 1 Edw. 4. cap. 1. cap. 5. Warden or Clerk of the Hamper of the Chancery Ibid. VVarden of the Kings writs and Records of his Common bench ibid VVarden of the Kings armour in the Tower anno 1 Ed. 4. cap. 1. Wardmote is a Court kept in every ward in London an 32 H. 8. ca. 17. ordinarily called among them the Wardmote-Court Wardpeny is mony to be contributed toward watch and ward Waranty warantia commeth of the French garantie or garant i. vindex litis which is a word of great antiquity with the French men being brought first thither by the Francogalli And thence do they make a Latinish verb viz. guarentare vel ut