belonging unto the same Fleta lib. 2. cap. 6. 7. Chamberlain of any of the Kings courts anno 7 Edw. 6. cap. 1. Chamberlain of the Exchequer anno 51 H. 3. stat 5. anno 10 Ed. 3. cap. 11. anno 14 ejusdem cap. 14. anno 26 H. 8. cap. 3. Chamberlain of North Wales Stow pag. 641. Chamberlain of Chester Cromptons jurisd fol. 7. This Officer is commonly the receiver of all rents and revenues belonging to that person or City whereunto he is Chamberlain Vide Fletam lib. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camer a i. testitudine sive fornice â—quia custodit pecunâ—as quae in cameris praecipuè reservantur Onyphrius de interpret vocum ecclesiasticarum It seemeth to be borowed from the Feudists who define the word camera thus Camera est locus in quem the saurus recolligitur vel conclave in quo pecunia reservatur Zasius de feudis part 4. num 7. and Peregrinus de jure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quem quaestorem antiqui appellarunt in rebus fisci primum locum tenet quia thesaurarius custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the Kings Exchâ—quer who were wont to keep a controlement of the pells of receipt and exitus and kept certain keyes of the treasure cofers which is not now in use They keep the keyes of the Treasurie where the leagues of the Kings predecessors and divers ancient books do remain There is mention of this officer in the Statute an 34. 35 H. 8. cap. 16. There be also Under-chamberlains of the Exchequer which see in Under-chamberlain Champartie cambipartita aliâs champertie seemeth to come from the French champert i. vectigal and signifieth in our Common law a maintenance of any man in his sute depending upon condition to have part of the thing be it lands or goods when it is recovered Fitz. nat br fol. 171. and champertours be they that move plees or sutes or cause to be moved either by their own procurement or by other and pursue at their proper costs for to have part of the land in variance or part of the gains anno 33 Ed. 1. stat 2. in fine Whereunto adde the third statute made the same year This seemeth to have been an ancient fault in our Realm For notwithstanding these former statutes and a form of writ framed unto them yet anno 4 Ed. 3. cap. 11. it was again enacted that whereas the former statute provided redresse for this in the Kings Bench onely which in those dayes followed the Court from thenceforth it should be lawful for Justices of the Common plees likewise and Justices of Assises in their circuits to inquire hear and determine this and such like cases as well at the sute of the King as of the Party How farre this Writ extendeth and the divers forms thereof applyed to several cases See Fitz. nat br fol. 171. and the Register orig fol. 183. and the new book of Enteries verbo Champertie Every Champertie imployeth maintenance Cromptons jurisd fol. 39. See also his Justice of Peace fol. 155. b. c. These with the Romans were called redemptores litium qui sc quotidian as lites mercantur aut qui partem litis paciscuntur l. si remuner andi § Maurus Ï€. Mandati l. si contra l. per diversas Co. eodem 13. Câ—anpion campio is thus defined by Hottoman in verbis feudalibus Campio est certator pro alio datus in duello à campo dictus qui circus erat decertantibus definitus In our Common law it is taken no lesâ—e for him that trieth the combat in his own case than for him that fighteth in the place or quarrel of another Bracton lib. 3 tract 2. cap. 21. num 24. who also seemeth to use this word for such as hold by Seargante or some service of another as campiones faciunt homagium domino suo lib. 2. cap. 35. Of this read more in Battel and Combat 30. Chanceler cancellarius cometh of the French chancelier Vicentius Lupanus de magistratibus Francorum saith that cancellarius is no Latine word howbeit he citeth divers Latine Writers that do use it With him agreeth that excellent man Petrus Pithaeus libro 2. adversariorum cap. 12. and whereas Lupanus would derive it from the verb cancello Pithaeus confeâ—eth he hath good colour for his opinion though he think it not sound and therefore rather deduceth it à cancellis Cancellare is liter as vel scriptum linea per medium duct a damnare and seemeth of it self like wise to be derived à cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek which we in our tongue call a Leâ—is that is a thing made of wood or iron barres laid crosse-waies one over another so that a man may see through them in and out And is to be thought that Judgement seats in old time were compassed in with those barres being found most necessary to defend Judges and other Officers from the presse of the multitude and yet never the more to hinder any mans view that had a desire or cause to observe what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in Court grapharios sc qui conscribendis excipiendis judicum act is dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not only in other Kingdomes but in ours also is given to him that is the chief man for matter of Justice in private causes especially next unto the Prince For whereas all other Justices in our Common-wealth are tied to the Law and may not swerve from it in judgement the Chancelor hath in this the Kings absolute power to moderate and temper the written Law and subjecteth himself onely to the Law of nature and conscience ordering all things juxta aequum bonum And therefore Stanford in his Prerogative cap. 20. fol. 65. saith that the Chancelor hath two powers one absolute the other ordinarie meaning that though by his ordinary power in some cases he must observe the form of proceeding as other ordinary Judges yet that in his absolute power he is not limited by the written law but by conscience and equity according to the circumstances of the matter in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conquerour Instituit item Scribarum Colleginm qui diplomata scriberent ejns Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habeiur And see Flet. lib. 2. cap. 13. This high Officer seemeh to be derived from France unto us as many other
to discontinew from their benefices for their particular service Chapiters capitula cometh of the French chapitre i. caput libri It signifieth in our Common law a summary or con ent of such matters as are to be inquired of or presented before Justices in Eyr Justices of Assise or of Peace in their sessions So it is used anno 3 Ed. 1. cap. 27. in these words and that no Clerk of any Justice Escheatour or Commissioner in Eyr shall take any thing for delivering chapiters but onely Clerks of Justices in their circuits and again anno 13 ejusdem cap. 10. in these words and when the time cometh the Sheriff shall certifie the Chapiters before the Justices in Eyr how many Writs he hath and what c. Britton likewise useth the same word in this signification cap. 3. Chapiters or capitula be now called articles most ordinarily and are delivered as well by the mouth of the Justice in his charge as by the Clerks in writing to the Enquest whereas in auncient times as appeareth by Bracton and Britton they were after an exhortation given by the Justices for the good observation of the laws and kings peace first read distinctly and openly in the whole Court and then delivered in writing to the grand Enquest And the same order doth M. Lamberd wish to be kept in these dayes also Eirenar lib. 4. cap. 4. pag. 393. Horn in his mirrour of Justices calieth them articles and expresseth what they were wont to contain lib. 3. cap. des articles in Eyr An example of these chapters or articles you have in the book of assises fol. 138. num 44. as also in Roger Hoveaen parte poster suorum annal i◠Richardo primo fol. 423. Chapter capitulum signifieth in our Common law as in the Canon Law whence it is borrowed congregationem clericorum in ecclesia cathedrali conventuali regulari vel collegiata and in another signification locum in quo fiunt communes tractatus collegiatorum It hath other significations though not greatly worth the repeating in this place which you may read in Linwoods provincials glos in ca quia incontinentiae de constitutionibas verb. Capitulis Why this collegiat company should be called capitulum of the Canonists a man may make a question and for answer it may be said that it is metaphorically so termed the word originally signifying a little head For this company or corporation is a kind of head not onely to rule and govern the Diocesse in the vacation of the Bishoprick but also in many things to advise the Bishop when the See is full See Panormitan in ca. capitulum extrade rescriptis Charta perdonationis se defendendo is the form of a pardon for slaying another in a mans own defence Register original fol. 287. Charta perdonationis Utlagariae is the form of a pardon for a man that is out-lawed Regi orig fol. 288.388 Charter chartea cometh of the French chartres i. instrumenta It is taken in our law for written evidence of things done between man and man whereof Bracton lib. 2. cap. 16. num 1. saith thus Fiunt aliquando donationes in scriptis sicut in chartis ad perpetuam rei memoriam propter brevē hominū vitā c. and a little after num 12. Et sciendum quòd chartarumalia regia alia privatorum regiarum alia privata alia cōmunis aliauniver salis Itemprivatorum alia de puro feoffamēto simplici alia de feoffamento conditionali sive conventionali secundùm omnia genera feoffamextorum fieri potest Item privatorum alia de recognitione pura vel conditionali Item aliam de qutete-clamantia Item alia de confirmatione c. and so through the chapter Briton likewise in his 39. chapter divideth Charters into the Charters of the King and Charters of private persons Charters of the King are those whereby the King passeth any grant to any person or more or to any body politick as a Charter of exemption that a man shall not be empaneled upon any Jury Kitchin fol. 114. fol. 177. Charter of pardon whereby a man is forgiven a felony or other offence committed against the Kings Crown and dignitie Broke tit Charter of pardon Charter of the Forest wherein the lawes of the forest are comprised anno 9 H. 3. Cromptons jurisd fol. 147. Pupilla oculi parte 5. cap. 22. Manwood parte 1. of his Forest laws fol. 1. where he setteth down the Charters of Canutus and fol. 17. where he hath set down that which was made anno 9 H. 3. with the Charter of the Forest which we use M. Skene saith that the laws of the Forest in Scotland do agree De verbo signif verbo Venison Charter of land Broke eodem titulo That which we call a Charter the Lombards in libris feudalibus call praeceptum praeceptionem Hotama verbo praeceptum in verbis feudalibus Of these Charters you have also along discourse in Fleta lib. 3. cap. 14. who expoundeth every substantial part of a deed of gift particularly in order Charter land terra per chartam is such as a man holdeth by Charter that is by evidence in writing otherwise called-Free hold anno 19 H. 7. cap. 13. and Kitchin fol. 86. and these in the Saxons time were wont to be called Bockland Idem fol. 89. and Lamberd in his explication of Saxon words verbo Terra ox Scripto which was held as he there saith with more commodious and easier conditions than Folkland was that is land held without writing And the season he giveth because that was haereditaria libera atque immunis whereas fundus sine scripto censum pensitab at annuum a que officiorum quadam servitute est obligatus Priorem viri plerumque nobiles atque ingenui posteriorem rustici ferè pagani possidebant Illam nos vulgò free-hold per chartam hanc ad voluntatem domini appellamus Thus farre M. Lamberd Charta partie charta partita is nothing but that which we call a pair of indentures containing the covenants and agreements made between Merchants or Sea-faring men touching their maritine affairs anno 32 H. 8. cap. 14. Chartis redd ndis is a Writ which lyeth against him that hath Charters of Feofment delivered him to be kept and refuseth to deliver them Old nat br fol. 66. Register orig fol. 159. Chase See Chace Chatel See Catel Chaunce medley Infortunium cometh of the French words chance i. lapsus and mester i. miscere It signifieth in our Common law the casual slaughter of a man not altogether without the fault of the slayer Stawnf pl. cor lib. 1. cap. 8. calleth it homicide by misadventure West calleth it Homicide mixt part 2. symbol titulo Indictments sect 50. and there defineth it thus Homicide mixt is when the killers ignorance or negligence is joyned with the chance as if a man lop trees by an high way side by which many usually travel and cast down a bow not giving warning to take
Terms of the Law verbo Account Expectant is used in the Common law with this word fee and thus used it is opposite to Fee simple For example Lands are given to a Man and his Wife in Frank-marriage to have and to hold to them and their Heirs In this case they have Fee-simple But if it be given to them and the Heirs of their body c. they have Tail and Fee expectant Kitchin fol. 153. Matthaeus de afflict is useth the Ad ective expectativa substantively in the same signification Descis 292. num 2. p. 412. Explees see Espleese Expeditate expeditare is a word usual in the Forest signifying to cut out the balls of the great dogs feet for the preservation of the Kings game Every one that keepeth any great Dogs not expeditated forfeiteth to the King three shillings four pence Cromptons Jurisdict fol. 152. M. Manwood useth the same word parte prim of his Forest Laws pag. 205 and pag. 212. he setteth down the manner of expeditating Dogges heretofore viz. Quòdtres ortell abscindantur sive pellota de pede anteriori that is that the three clawes of the fore-foot on the right side shall be cut off by the skin whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same manner of expeditating of Dogs shall be still used and kept and none other Quaere whence it groweth that Master Crompton and he differ the one saying that the ball of the foot is cut out the other that the three fore-clawes are pared off by the skin Expensis militum levandis is a Writ directed to the Sheriff for levying allowance for the Knights for the Parliament Regist orig fol. 191. b. Expensis militü non levandis ab hominibus de antiquo dominico nec à nativis is a Writ wherby to prohibit the Sheriff from levying any allowance for the Knights of the Shire upon those that hold in ancient Demesn c. Reg. orig fol. 261. b. Extend extendere cometh of the French estendre i. dilatare dispandere distendere and signifieth in our Common law to value the Lands or Tenements of one bound by Statute c. that hath forfeited his bond to such an indifferent rate as by the yearly rent the Obligor may in time be payd his debt The course and circumstances of this see in Fitz. h. nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a Writ ordinarily called a Writ of Extent whereby the value of Lands c. is commanded to be made and levied in divers cases which see in the Table of the Register original Extent extenta hath two significations sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands or Tenements Register judicial in the Table of the Book Sometime the Act of the Sheriff or other Commissioner upon this Writ Brook titulo Extent fol. 313. Extinguishment in our Common law signifieth an effect of consolidation For example if a man have due unto him a yearly rent out of any Lands and afterward purchase the same Lands now both the property and rent are consolidated or united in one Possessor and therefore the rent is said to be extinguished In like manner it is where a man hath a Lease for years and afterward buyeth the property this is a consolidation of the property and the fruits and is an extinguishment of the Lease See the Terms of Law Extirpatione is a Writ judicial that lieth against him who after a verdict found against him for Land c. doth maliciously overthrow any house upon it c. and it is two-fold one ante judicium the other post judicium Register judicial fol. 13.56.58 Extortion Extortio signifieth in our Common law an unlawful or violent wringing of money or money-worth from any man For example if any Officer by terrifying any the Kings subjects in his office take more than his ordinary duties he committeth and is inditeable of Extortion To this by M. Wests judgement may be referred the exaction of unlawful Usury winning by unlawful Games and in one word all taking of more than is due by colour or pretence of right as excessive toll in Milners excessive prizes of Ale Bread Victuals Wares c. West parte 2. Symbol titulo Indictments Sect. 65. M. Manwood saith that Extortion is Colore officii and not virtute officii parte 1. of his Forest laws pag. 216. M. Crompton in his Justice of Peace fol. 8. hath these words in effect Wrong done by any man is properly a Trespasse but excessive wrong done by any is called Extortion and this is most properly in officers as Sheriffes Maiors Bailiffes Escheatours and other Officers whatsoever that by colour of their Office work great oppression and excessive wrong unto the Kings subjects in taking excessive reward or fees for the execution of their office Great diversity of cases touching Extortion you may see in Cromptons Justice of Peace fol. 48. b. 49. 50. See the difference between colore officii virtute vel ratione officii Plow casu Dives fol. 64. a. This word is used in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum vel quod est ultra debitum vel ante tempus petit id quod post administratam justitiam debetur Extreats See Estreats Eyre See Eire FA. FAculty Facultas as it is restrained from the original and active signification to a particular understanding in Law is used for a privilege or especiall power granted unto a man by favour indulgence and dispensation to do that which by the Common law he cannot do as to eat flesh upon dayes prohibited to marry without Banes first asked to hold two or more Ecclesiastical Livings the Son to succeed the Father in a Benefice and such like And for the granting of these there is an especial Officer under the Arch-bishop of Canterbury called Magister ad Facultates the Master of the Faculties Fag anno 4 Ed. 4. cap. 1. Faint and false action seem to be Synonyma in Litleton fol. 144. for faint in the French tongue signifieth as much as feigned in English Faint pleader falsa placitatio cometh of the French feint a Participle of the Verb feindre i. simulare fingere and pledoir i. placitare It signifieth with us a false covenous or collusory manner of pleading to the deceit of a third party anno 34. 35. H. 8. cap. 24. Faire aliàs Feire feria cometh of the French feire and signifieth with us as much as Nundinae with the Civilians that is a solemn or greater sort of Market granted to any Town by privilege for the more speedie and commodious provision of such things as the subject needeth or the utterance of such things as we abound in above our own uses and occasions both our
not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. but more at large parte secunda cap. 13. per totum It is also called the defence moneth that is the forbidden moneth and the word defence is used in like sort West 2. cap. 47. anno 13 Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple that is to him and his Heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
the least in law unto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is upon acknowledgement that the thing mentioned in the concord be jus ipsius cognizati ut illa quae idem habet de dono Cognitoris West Sect. 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the Cognizor Cokes Reports lib. 3. the case of sines fol. 89. b. which is in very deed the surest fine of all Fines executorie be such as of their own force do not execute the possession in the Cognizees as fines sur cognizance de droit tantùm fines sur done grant release confirmation or render For if such fines be not levied or such render made unto them that be in possession at the time of the fines levied the cognizees must needs sue Writs of Habere facias seisinam according to their several cases for the obtaining of their possessions except at the levying of such executory fines the parties unto whom the estate is by them limited be in possession of the lan is passed thereby for in this case such fines do inure by way of extinguishment of right nor altering the estate of possession of the Cognizee but perchance bettering it West ubi supra sect 20. Touching the form of these Fines it is to be considered upon what Writ or Action the concord is to be made and that is most commonly upon a Writ of Covenant and then first there must passe a payr of Indentures between the Cognizour and Cognizee whereby the Cognizour covenanteth with the Cognizee to passe a Fine unto him of such or such things by a day set down And these Indentures as they are first in this proceeding so are they said to lead the Fine upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizour who thereupon yeeldeth to passe the Fine before the Judge and so the acknowledgement being recorded the Cognizour and his Heirs are presently concluded and all strangers not excepted after five years once passed If the Writ whereupon the Fine is grounded be not a Writ of Covenant but of Warrantia chartae or a Writ of right or a Writ of mesn or a Writ of Custome and Services for all these Fines may also be founded West ubi supra sect 23. then this form is observed the Writ is served upon the party that is to acknowledge the Fine and then he appearing doth accordingly See Dyer fol. 179. num 46. This word Fine sometime signifieth a sum of money payd for an In-come to Lands or Tenements let by Lease sometime an amends pecuniary punishment or recompense upon an offence committed against the King and his Laws or a Lord of a Mannor In which case a man is said facere finem de transgressione cum Rege c. Register Jud. fol. 25. a. and of the diversity of these Fines with other maâ—ter worth the learning see Cromptons Justice of peace fol. 141. b. 143.144 and Lamberds Eirenarcha libr. 4. cap. 16. pag. 555. But in all these diversity of uses it hath but one signification and that is a final conclusion or end of differences between parties And in this last sense wherein it is used for the ending and remission of an offence Bracton hath it lib. 2. cap. 15. num 8. speaking of a Common fine that the County payeth to the King for false judgements or other trespasses which is to be assessed by the Justices in Eyr before their departure by the oath of Knights and other good men upon such as ought to pay it with whom agreeth the Statute anno 3 Ed. pri cap. 18. There is also a Common fine in Leets See Kitchin fol. 13. a. v. Common Fine See Fleta lib. 1. cap. 48. Fines pro licentia concordandi anno 21 H. 8. cap. 1. See Fine Fine force seemeth to come of the French Adjective fin and the substantive force i. vis The adjective fin signifieth sometime as much as crafty wily or subtil sometime as much as artificial curious singular exact or perfect as Rien contrefaâ—ct fin i. nihil simulatum aut ad imitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as it is set down in that work truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 115. so that this fine force with us seemeth to signifie an absolute necessity or constraint not avoidable and in this sense it is used Old nat br fol. 78. and in the statute anno 35 H. 8. cap. 12. in Perkins Dower fol. 321. and Plowden fol. 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a Writ to Justices for the disanulling of a fine levied of lands holden in ancient demesn to the prejudice of the Lord Regist orig fol. 15. b. Fine capiendo pro terris c. is a Writ lying for one that upon conviction by a Jury having his lands and goods taken into the Kings hand and his body committed to prison obtaineth favour for a sum of money c. to be remitted his imprisonment and his lands and goods to be re-delivered unto him Reg. orig fol. 142. a. Fine levando de tenementis tentis de Rege in capite c. is a Writ directed to the Justices of the common plees whereby to license them to admit of a fine for the sale land holding in capite Reg. orig fol. 167. a. Fine non capiendo pro pulchre placitando is a Writ to inhibit officers of Courts to take fines for fair pleading Reg. orig fol. 179. See pleder Fine pro redisseisina capienda c. is a Writ that lieth for the release of one laid in prison for a re-disseisin upon a reasonable fine Reg. original fol. 222. Finarie See Blomarie Finours of gold and silver be those that purifie and part those Merals from other coarâ—er by fire and water anno 4 H. 7. cap. 2. They be also called Patters in the same place sometime Departers Fire-bote for the composition look Hay-boot It signifieth allowance or Estovers of Woods to maintain competent fire for the use of the Tenent First fruits primitiae are the profits of every Spiritual living for one year given in ancient time to the Pope throughout all Christendom but by the statute an 26 H. 8. cap. 3. translated to the Prince for the ordering whereof there was a Court erected anno 32 H. 8. cap. 45. but this Court was dissolved anno pri Mar. sess 2. cap. 10. and sithence that time though those profits be reduced again to the Crown by the Statute anno 1 Eliz. cap. 4. yet
de decimis cap. sancta verb. Pannagiis M. Skenede verborum signif calleth it pannagium and defineth it to be the duty given to the King for the pasturage of swine in the forest The french word for this same thing is panage or glandee i. glandatio vel glandium collectio et pastio suum ex glandibus And wee surely take it from the French whence they had it or what etoymolgie they make of it let themselves look PE Peace pax in the generall signification is opposite to war or strife But particularly it signifyeth with us a quiet and harmlesse cariage or behaviour toward the King and his People Lamberd eirenarcha li. 1. cap. 2. pa. 7. And this is one way provided for all men by oath as you may read in Franck pledge but more especially in case where one particular man or some few go in danger of harm from some other For upon his oath made thereof before a Justice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. ca. 2. pag. 77. See also Cromptons Justice of peace fol. 118. b. c. usque f. 129. This among the Civilians is called cautio de non offendendo Gail de pace publ lib. pri ca. 2. nu 1. Peace of God and the Church pax Dei ecclesiae is anciently used for that rest which the Kings subjects had from trouble and sute of law between the terms See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and security both for life and goods which the King promiseth to all his Subjects or others taken to his protection See Sute of the Kings peace This point of policy seemeth to have been borrowed by us from the Feudists for in the second book of the seuds there is a chapter viz. 53. chapter intituled thus De pace tenenda inter subditos et juramento firmanda et vindicanda et de paena judictbus opposit a qui eum vindicare et justitiam facere neglexerint the contents of which chapter is a Constitution of Frederick the first as Hotoman there proveth expounding it very learnedly and like himself Of this Kings peace Roger Hoveden setteth down divers branches parte poster suorum annalium in H. 2. fol. 144. a. b. and fol. 430. b. he mentioneth a form of an oath which Hubert Archbishop of Canterbury and chief Iustice of England in R. the first his daies sent through the whole realm to be taken by the Kings subjects See Deciners See Surety of peace There is also the peace of the Church for which see Sanctuary And the peace of the Kings highway which is the immunity that the Kings highway hath from all annoyance or molestation See watlin street The peace of the plow whereby the plow and plow cattel are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to have their peace because no man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedaginm signifieth money given for the passing by foot or horse through any countrey Extra de Censibus ca. Innovamus I read not this word in any English writer but only the author of the book called pupilla occuli parte 9. ca. 7. A. D. I. I think we rather use passage for it Pedagia dicuntur quae dantur à transeuntibus in locum constitutum à principe Et capiens pedagium debet dare salvum conductum et territorium ejus tenere securum Baldus in usibus Feudorum de pa. jura fir sect Conventionales Cassan de consuetud Burg. pa. 118. hath these words Pedaginm à pede dictum est quòd à transeuntibus solvitur c. Peere pila seemeth properly to be a fortresse made against the force of the sea for the better security of ship that lye at harbour in any haven So is the peer of Dover described in M. Camd. Bris. pag. 259 in meo Peeres pares commeth of the French per i. par It signifieth in our common Law plurally those that are empaneled in an Enquest uppon any man for the convicting and clearing him of any offence for the which he his called in question And the reason thereof is because the course and custome of our nation is to trie every man in this case by his equals West pri cap. 6. anno 3. Edw. prim So Kitchin useth it fol. 78. in these words Mais fi le amerciament soit assirre per pares And this word in this signification is not in use with us only but with other nations also For pares sunt convasalli quorum sententi◠vasallus propter felo-xiam est condemnatus Barklaius de Regno lib. 4. cap. 2. Fit pares sunt qui ab ecdem domino feudum tenent lib. prim Feudor cap. 26. But this word is most notoriously used for those that be of the Nobility of the Realm Lords of the Parliament and so it is used in Stawnf pl. of the Crown lib. 3. cap. Trial per les Peeres being the first The reason whereof is because though there be a distinction of degrees in our Nobility yet in all publike actions they are equal as in their voices in Parliament and in passing upon the triall of any Noble man c. This appellation seemeth to be borrowed from Fraunce and from those twelve Peeres that Charles the Great or Lewis the younger in some mens opinion instituted in that kingdome which be next unto the King and are of like dignity among themselves touching their power in publike affairs Or whom you may read Vincentius Lupanus de magist Francia lib. 1. cap. Pares Franciae So that wee though wee have borrowed the appellation and applyed it with some reason to all that are Lords of the Parlament yet we have no set number of them because the number of our Nobles may be more or lesse as it pleaseth the King Pelota is a word used in the book called pupilla oculi parte 5. ca. 22. signifying the ball of the foot of the French pelote i. pila Pein fort dure See Pain fort et dure Pelt wool is the woll pulled off the skinne or pelt of dead sheep anno 8 H. 6. cap 22. Penon anno 11 R. 2. cap. prim is a Standard Banner or Ensigne carried in warr It is borrowed from Fraunce for pennon in the French language signifyeth the same thing See Baronet yee read this word anno 11. R. ca. 1. Penue See Baye Peper Piper is a spice known in a manner to every child being the fruit of a plant that is between a tree and a herb of whose diversities and nature you may read Gerards herball lib. 3. cap. 146. This is set among merchandize that are to be garbled anno 1. Jacob. cap. 9. Peper lowse anno 32. H. 8. cap. 14. Per cui post See Entrie Perambulatione facienda is a writ that is sued out by two or more Lords of Maners
otherwise called general Sessions an 5 Elizabeth cap. 4. or open Sessions ibidem Opposite whereunto are especial otherwise called privy Sessions which are procured upon some special occasion for the more speedy expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in general Sessions See Cromptons Iustice of peace fol. 109. Petit Sessions or Statute Sessions are kept by the high Constable of every Hundred for the placing of servants anno 5 Eliz. cap. 4. in fine Sessour an 25 Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of Wages at this day Set Cloathes anno 27 Hen. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and divers kinds whereof you have in Gerards herbal lib. 2. cap. 424. The root of this is mentioned among drugs to be garbled an 1 Iac. cap. 19. Severance is the singling of two or more that joyn in one Writ or are joyned in one Writ For example if two joyn in a VVrit de Libertate probanda and the one afterward be nonsute here severance is permitted so that notwithstanding the nonsute of the one the other may severally proceed Fitzherbert natura brevium fol. 78. l. K. Of this see Brook titulo Severance and Summons fol. 238. For it is harder to know in what cases severance is permitted than what it is There is also severance of the Tenents in an Assise when as one or two or more disseisours appeareth upon the VVrit and not the other New Book of Entries fol. 81. col 4. And severance in Attaints eod fo 95. col 2. And severance in Debt verbo debt fol. 220. col 1. see the said Book verbo Severance Seneral tayl tallium separatum is that whereby Land is given and entayled severally to two For example land is given to two men and their VVives and to the Heirs of their bodies begotten the Donees have joynt estate for their two lives and yet they have several Inheritance because the issue of the one shall have his moyetie and the issue of the other the other moyetie Kitchin ibid. Several tenancy tenura separalis is a Plee or exception taken to a writ that is laid against two as joynt which are several Brook titulo Severall tenancie fol. 273. Sevantly woven anno 35. Eliza. cap. 10. Sewer hath two significations with us one applyed to him that issueth or commeth in before the meat of the King or other great personage and placeth it upon the table the other to such passages or gutters as carry water into the sea or river in Lawyers Latine called Sewera an 6. H. 6. c. 5. which is also used in common speech for commissioners authorised under the broad seal to see drains and ditches well kept and maintained in the Marish and Fenne Countries for the better conveyance of the water into the Sea and the preserving of the grasse for seed of Cattel stat an 6. H. 6. cap. 5. It is probable to bring this word from the French issir or issue as if we should call them Issuers because they give issue or passage to the water c. And the Latine word suera some time used in these commissions for these drains is a competent reason of this conjecture See Fitz. nat brev in Oyer and Terminer Yet I find in an old French Book containing the Officers of the King of Englands Court as it was antiently governed that he whom in Court we now call Sewer was called Asseour which may seem to come from the French Asseour wherein his Office in setting down the meat upon the Table is well expressed And Sewer as it signifieth an Officer is by Fleta latined Assessor li. 2. c. 15. All which argueth that the descent of this word is from the French Asseoir as signifying a disposing or placing of any thing or as we say in English an assessing of any person toward the performance of a Duty Sexagesima See Septuagesima SH Shanck See Fur. Share See Flotzon Shewing is to be quit of Attachment in any Court and before whomsoever in plaints shewed and not avowed New exposition of law terms verbo Shewing See Scavage Shipper An. 1 Iac. ses 1. cap. 33. is is a Dutch word signifying the Master of the ship Shire Comitatus shyra is a Saxon word signifying Satrapian of the verb scyran 1. partiri Lamberd in his explication of Saxon words verbo Centuaria The word is in use so rife that every Child understandeth it Who first thus divided this land into shires appeareth by M. Cambdens Britan. pag. 102. in these words Nec dum tamen florente Hepterchia Anglia it a in Comitatus divisa sic enim vulgò vocant sed pestea cum solus aluredus rerum potiretur Vt enim Germani majores nostri teste Tacito jura per pagos vicosque reddebant et centeni ex plebe comites adrem admistrandam adjungebantur sic ille ut ingulfi Croulandenfis verbis utar pr mus Angliam in Comitatus divisit qued indiginae rapinas committerent exemplo et colore Danorum Comitatus porro in Centurias i. Hundreds et Decimas i. Tythings distribui fecit praecipitque ut omnis indigena in aliqua esset Centuria Decima Praefectos etiam provinciarum qui antea Vicedomini vocabantur in duo officia divtsit viz. Iudices nunc Iusticiarios Vicecomites qui adhue idem nomen retinent See the rest Shereeve Vicecomes is compounded of these Saxon words Scyre i. satrapia and Reeve i. praefectus and accordingly he is the chief Officer under the King of his Shire or County See Ferme in Lacies Nobility pag. 12. M. Cambden pag. 104. Thus describeth his Office Singulis verò annis nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi vicarium comitis nostrâ linguâ Shyref i. Comitatus praepositum vocamus qui etiam comitatus vel provinciae Quaestor rectè dici potest Ejus enim est Publicas pecunias provinciae suae conquirere mulctas irrogatas vel pignoribus ablat is eolligere aerario inferrae Iudicibus praesto adesse eorum mandata exâ—qui duodecim viros cogere qui in causis de facto cognoscunt et ad Iudices referunt Iudices enim apud nos juris solum non facti sunt Iudices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autcm jus dicunt justiciarii quos itinerantes ad Assisas vocant qui quotannis hos Comitatus bis adeunt ut de causis cognoscant et ad carceratis sententiam ferant Henricus secundus hos itinerantes instituit vel potius restituit Ille ut inquit Mathaeus Parisiensis consilio filii sui et Episcoporum constituit Iusticiarios per sex paertes regni in qualibet parts tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the antiquity and authority of this Officer read Sir Edwards Cooks Reports lib. 4. Mittons Case The manner of appointing
defined as when a servant killeth his Master or a VVife her Husband or when a secular or religious man killeth his Prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed see Cromptons Iustice of peace And this manner of treason giveth forfeiture of Escheats to every Lord within his own fee anno 25 Edw. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri et 2. Treason compriseth both high and petit treason anno 25 Ed 3. stat 3. ca. 4. Treasure trove Thesaurus inventus is as much as in true French Tresor trouve i. treasure found and signifieth in our Common law as it doth in the Civil law id est veterom depositionem pecuniae cujus non extat mâ—mâ—â—ia ut jam dominum non habcat l. 31. sect prim de acquir rerum Dom. Neer unto which definition commeth Braction lib. 3. tract 2. cap. 3. num 4. And this treaâ—ure â—ound though the Civil law do give it to the finder according to the law of nature yet the law of England giveth it to the King by his Prerogative aâ— appeareth by Bracton ubi supra And therefore as he also saith in the 6 Chapter it is the Coroners office to enquire thereof by the Country to the Kings use And Stawnford pl. cor lib. prim cap. 42. saith that in antient times it was doubtfull whether the concealing of treasure found were felony yea or not and that Bracton calleth it gravem praesumptionem et quasi crimen furti But the punishment of it at these daies as he proveth out of Fitzh Abridgement pag. 187. is imprisonment and fine and not life and member And if the owner may any waies be known then doth it not belong to the Kings Prerogative Of this you may read Brâ—ton also cap. 17. who saith that it is every Subjects part as soon as he hath found any treasure in the Earth to make it known to the Coroners of the County or to the Bailiff c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French treserier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose charge and government is all the Princes wealth contained in the Exchequer as also the check of all Officers any way imployed in the collecting of the Imposts Tributes or other Revenues belonging to the Crown Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his Office see anno 20 Edw. 3. cap. 6. et anno 31 Henr. 6. cap. 5. et anno 4 Edw. 4. cap. prim et anno 17 ejusdem cap. 5. et anno prim R. 2. cap. 8. et anno 21 Henr. 8. cap. 20. et anno pri Ed. 6. cap. 13. Ockams Lucubrations affirm that the Lord chief Iustice had this authority in times past and of him hath these words Iste excellens Sessor omnibus quae in inferiore vel superiore schaccio sunt prospicio Adnutum ipsius quaelibet officia subjects disponuntur sic tamen ut ad Domini Regis utilitatem justo perveniant Hic tameninter caterae videtur excellens quod potest his sub testimonio suo breve domini Regis fâ—cere fieri ut de thesauor quaelibet summa libixetur ved us computetur quod sibi ex Domini Regis mandato pranoverit computandum vel si maluerit breve suum sub aliarum testimonio faciet de his rebus This high Officer hath by varetie of his Office at this day the nomination of the Eschetors yearly throughout England and giveth the places of all Customers Controllers and Searchers in all the Ports of the Realm He sitteth in the Chequer Chamber and with therest of the Court ordereth things to the Kings best benefit He with the Barons may by Statute stall debts of three hundred pounds and under And by Commission from his Majesty he with others joyned with him letteth leases for lives or years of the lands that came to the Crown by the dissolution of Abbies He by his Office giveth warrant to certain men to have their wine without impost He taketh declaration of all the mony paid into the Receipt of the Exchequer and of all Receivers accompts Then is there a Treasurer of the King houshold who is also of the Privy Councel in the absence of the Steward of the Kings Houshold hath power with the Controller and the Steward of the Marshalsea without commission to hear and determine treasons misprisions of treasons murder homicide and blood shed committed within the Kings Pallace Stawnfopl cor l. 3. c. 5. In the statute an 28 R. 2. c. 18. et 11 H. 7. ca. 16. mention is made of the Treasurer of Calis In Westm. 2. cap. 8. of the Treasurer of the Exchequer et anno 27 Edw. 3. stat 2. cap. 18. et anno 35 Eliz. cap. 4. of the Treasurer of the Navy or Treasurer of the wars or garrisons of the Navy anno 39 El. 7. Treasurer of the Kings Chamber anno 26 H. 8. cap. 3. et anno 33 ejusdem cap. 39. Treasurer of the wars anno 7 Henr. 3. cap. prim anno 3. Honr. 8. cap. 5. Treasurer for the Chancery West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrope anno 15 Edw. 3. stat prim cap. 3. et anno 25 ejusdem stat 5. cap. 21. whose office you have well set out in Fleta lib. 2. cap. 14. Treasurer of the County for poor Souldiers anno 35 Eliz. cap. 4. And most Corporations through the Kingdom have an Officer of this name that receiveth their rents and disburseth their common expences Treat commeth of the French traire i. emulgere and signifieth in the Common law as much as taken out or withdrawn As a Iurour was challenged for that he might not dispend forty pounds and for that cause he was treat by the Statute Old nat br fol. 159. that is removed or discharged Bread of treat anno 51 H. 3. Statute of Bread c. what it signifieth I cannot learn Trespasse Transgressio is a French word signifying a much as Mors obitus excessus The reason whereof I take to be because in interpretation it is a passage from one place or estate to another for in Britton cap. 29. I find trespassants for passengers In our Common law and language it is used for any gransgression of the law under treason felony or misprission of treason or of feâ—ony or may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parliament to depart from the Parliament without the Kings license is neither treason nor felony but trespals And again fol. 31. saying that where it was wont before the Statute made anno prim Edw. a
parchment rolles for their better keeping to all posterity Of these there be two one of the higher another of the lower or Common house Cromptons Jurisd fol. 4 8. Smith de republ Anglorum pag. 38. See also Vowels book touching the order of the Parliament Clerk of the Crown in the Chancery clericus coronae in Cancellaria is an Officer there that by himself or his Deputy is continually to attend the Lord Chancellor or Lord Keeper for special matters of estate by commission or the like either immediately from his Majesty or by order of his councel as well ordinary as extraordinary viz. commissions of Lieutenancies of Justices errant and of Assises of Oyer and Terminer of Gaol-delivery of the peace and such like with their writs of Association and Dedimus potestatem for taking of oaths Also all general pardons upon grants of them at the Kings coronation or at a Parliament where he sitteth in the higher-house at the Parliament time he writs of Parliament with the names of Knights and Burgesses which be to be returned into his office He hath also the making of all special pardons and writs of execution upon bonds of statute of the Staple forfeited which was anneâ—ed to his office in the reign of Queen Mary in consideration of his continual and chargeable attendance both these before being common for every Cursitour and Clerk of Court to make Clerk of the Crown clericus coronae is a Clerk or officer in the Kings Bench whose function is to frame read and record all indictments against Traitors Felons and other offendors there arraigned upon any publike crime He is otherwise tearmed Clerk of the Crown-office And anno 2 H. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench. Clerk of the Extreats clericus Extractorum is a Clerk belonging to the Exchequer who termely receiveth the Extreats out of the Lord Treasurers Remembrancer his office and writeth them out to be levied for the King He also maketh schedules of such summes extreated as as are to be discharged Clerk of assise clericus assisae is he that writeth all things judicially done by the Justices of assise in their circuits Cromptons Jurisdict fol. 227. Clerk of the Pell clericus Pellis is a Clerk belonging to the Exchequer whose office is to enter every Tellers bill into a parchement rolle called Pellis receptorum and also to make another rolle of payments which is called Pellis exitum wherein he setteth down by what warrant the money was payd Clerk of the Warrants clericus Warrantorum is an officer belonging to the Court of Common Plees which entreth all warrants of Atturney for Plaintiff and Defendant and intolleth all Deeds of Indentures of bargain and sale which are acknowledged in the Court or before any Judges out of the Court. And he doth extreat into the Exchequer all issues fines and amerciaments which grow due to the King any way in that Court and hath a standing fee of ten pounds of the King for making the same ex treats See Fitzh nat br fol. 76. in prin Clerk of the pety Bag clericus parvae bagiae is an Officer of the Chauncerie of which sort there be three and the Master of the Rolles their chief Their office is to record the return of all inquisitions out of â—every Shire all Liveries granted in the Court of Wards all ouster le maines to make all patents of Customers Gaugers Controllers and Aulnegers All conge de eslires for Bishops All liberateis upon extents of statute staples the recovery of Recognisances forfeited and all Elegits upon them the summons of the Nobility Clergy and Burgesses to the Parliament Commissions directed to Knights and other of every Shire for seising of the Subsidies Writs for the nominations of Collectours for the fifteenths and all traverses upon any office bill or otherwise and to receive the mony due to the King for the same This Officer is mentioned anno 33 H. 8. cap. 22. Clerk of the Kings great Wardrobe clericus magnae garderobae regis is an Officer of the Kings house that keepeth an account or Inventary in writing of all things belonging to the Kings wardrobe This Officer is mentioned an 1 Ed. 4. cap. 1. Clerk of the Market clericus merketi is an Officer of the Kings house anno 1 Ed. 4. cap. 1. anno 13 R. 2. cap. 4. whose duty is to take charge of the Kings measures and to keep the standards of them that is the examples of all the measures that ought to be through the Land as of Elns Yards Lagens as Quarts Pottles Gallons c. of Weights Bushels and such like and to see that all measures in every place be answerable unto the said Standard Fleta lib. 2. cap. 8.9.10.11.12 of which office as also of our diversity of weights and measures you may there find a Treatise worth the reading Britton also in his 30 chapter saith in the Kings person to this effect We wil that none have Measures in the Realm but we our selves but that every man take his Measures and Weights from our Standards and so goeth on with a Tractat of this matter that well sheweth the ancient law and practice in this point Touching this Officers duty you have also a good statute anno 13 R. 2. c. 4. Clerk of the Kings silver clericus argenti Regis is an Officer belonging to the Court of Common plees unto whom every fine is brought after it hath been with the custos Brevium and by whom the effect of the Writ of Covenant is entred into a Paper-book and according to that note all the fines of that term are also recorded in the Rolles of the Court. And his entrie is in this form He putteth the Shire over the Margin and then saith A.B. dat domino Regi dimidium merkam or more according to the value pro licentia concordandi C. cum C.D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the Peace clericus pacis is an Officer belonging to the Sessions of the peace His duty is in the Sessions to read the Endictments to enrol the Acts and draw the Processe to record the Proclamations of rates for servants Wages to enrol the discharge of Apprentices to keep the Counterpain of the Indenture of Armour to keep the Register book of Licenses given to Badgers and laders of corn and of those that are licensed to shoot in gunnes and to certifie into the Kings Bench transcripts of Indictments Outlawries Attainders and Convictions had before the Justices of the peace within the time limited by statute Lamberts Eirenarcha lib. 4. cap. 3. fol. 379. Clerk of the Signet clericus signeti is an Officer attendant continually on his Majesties principal secretary who alwayes hath the custody of the privy Signet as well for sealing his Majesties privat Letters as also such grants as passe his Majesties hand by bill assigned Of these there be four
joyntly to the Husband and the Wife and after to the Heirs of their bodies whereby the Husband and Wife be made joynt tenants during the coverture Coke lib. 3. Butler and Bakers case f. 27. b. See Frank mariage Joynture is also used as the abstract of Joynt tenants Coke lib. 3. the Marquess of Winchesters Case fol. 3. a. b. Junctura is also by Bracton and Fleta used for joyning of one bargain to another Fleta lib. 2. cap. 60. touching the self-same thing and therefore joynture in the first signification may be so called in respect that it is a bargain of livelihood for the wife adjoyned to the contract of mariage Journ Choppers anno 8 Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarn were in those daies called journ I cannot say but Choppers in these dayes are well known to be changers as choppers of Churches c. Journeyman commeth of the French Journee that is a day or dayes work which argueth that they were called Journeymen that wrought with others by the day though now by Statute it be extended to those likewise that covenant to work in their occupation with another by the year anno quinto Elizabeth cap. quarto IS Issue Exitus commeth of the French Issir i. emanare or the Substantive Issue i. exitus eventus It hath divers applications in the common Law sometime being used for the children begotten between a man and his wife sometime for profits growing from an amercement or fine or expences of sute sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of matter depending in sute whereupon the parties joyn and put their cause to the trial of the Jury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage between the Parents the profits growing to the King or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the trial of twelve men is the effect of pleading or processe Issue in this last signification is either general or special General issue seemeth to be that whereby it is referred to the Jury to bring in their verdict whether the Defendant have done any such thing as the Plaintiff layeth to his charge For example if it be an offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General issue and if a man complain of a private wrong which the Defendant denieth and pleads no wrong nor disseisin and this be referred to the 12. it is likewise the General issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. The Special issue then must be that where special matter being alleged by the Defendant for his defence both the parties joyn thereupon and so grow rather to a Demurrer if it be quaestio Juris or to tryal by the Jury if it be quaestio facti See the new Book of Entries verbo Issue JU Juncture See Joynture Jure patronatus See the new Book of Entries verbo Jure patronatus in quare impedit fol. 465. col 3. Jurie Jurata commeth of the French Jurer i. jurare it signifieth in our Common law a company of men as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in question Of which trial who may and who may not be empanelled see Fitzh nat brev fol. 165. D. And for better understanding of this point it is to be known that there be three manner of trials in England one by Parliament another by Battel and the third by Assize or Jury Smith de Repub. Anglorum lib. 2. cap. 5 6 7. touching the two former read him and see Battel and Combat and Parliament the trial by Assise be the action civil or criminal publike or private personal or real is referred for the fact to a Jury and as they find it so passeth the Judgement and the great favour that by this the King sheweth to his Subjects more than the Princes of other Nations you may read in Glanvil lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum quo vitae hominum Status integritats tam salubriter consulitur ut in jure quod quis in libero soli tenemento possidet retinendo duelli casum declinare possint homines ambiguum c. see the rest This Iury is not used only in Circuits of Justices Errant but also in other Courts and matters of Office as if the Escheatour make inquisition in any thing touching his Office he doth it by Jury or Inquest if the Coroner inquire how a subject found dead came to his end he useth an Inquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bayliff of a Hundred the Steward of a Court Leet or Court Baron if they inquire of any offence or decide any cause between party and party they doe it by the same manner So that where it is said that all things be triable by Parliament Battel or Assise Assise in this place is taken for a Jury or Enquest empanelled upon any cause in a Court where this kind of trial is used and though it be commonly deemed that this custom of ending and deciding causes proceed from the Saxons and Britons and was of favour permitted unto us by the Conquerour yet I find by the grand Customarie of Normandy cap. 24. that this course was used likewise in that Country For Assise is in that Chapter defined to be an assembly of wise men with the Bayliff in a place certain at a time assigned forty dayes before whereby Justice may be done in causes heard in the Court. Of this custom also and those Knights of Normandie Johannes Faber maketh mention in the Rubrique of the Title de militari testamento in Institut this Jury though it appertain to most Courts of the Common law yet is it most notorious in the half-year Courts of the Justices errants commonly called the great Assises and in the quarter Sessions and in them it is most ordinarily called a Jury And that in civil causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron the Homage In the general Assise there are usually many Juries because there be store of causes both civil and criminal comonly to be tried whereof one is called the Grand Jury and the rest Petit Juries whereof it seemeth there should be one for every Hundred Lamb. Eirenar lib. 4. cap. 3. pag. 384. The Grand Jury consisteth ordinarily of 24. grave and substantial Gentlemen or some of them Yeomen chosen indifferently out of the whole Shire by the Sheriff to consider of all Bils of Inditement preferred to the Court which they doe either approve by writing upon them these
but what observations he must use in his hunting see him pag. 180 181 186. See him likewise parte 2. ca. 20. num 5 8 9 c. See Purlieu Purpresture See Pourpresture Pursey anno 43 Eliz. cap. 10. Purswivant See Poursuivant Purveyours See Pourveyours Pyker aliàs Pycar a kind of ship anno 31 Edw. 3. stat 2. cap. 2. Q QUadragesima is the first Sunday in Lent so called as I take it because it is the fourtieth day before Easter The sunday before that is Quinquagesima the second before Sexagesima the third septuagesima Quae plura is a writ that lyeth where an inquisition hath been made by an Escheator in any county of such Lands or Tenements as any man dyed seised of and all that was in his possession be not thought to be found by the office The form whereof see in the Register original fol. 293. and in Fitz. nat br fol. 255. It differeth from the writ called melius inquirendo as Fitzh there sayth because this is granted where the Escheator formerly proceeded by vertue of his office and the other where he found the first office by vertue of the writ called Diem clausit extremum See the new Book of Entries verbo Quae plura Querens non invenit plegium is a return made by the Sheriff upon a writ directed unto him with this condition inserted Si A. fecsrit B. securum de loquela sua prosequenda c. Fitzherbert Nat. brev fol. 38. o. Quae servitia is a Writ See per quae servitia Quale jus is a writ judicial that lyeth where a man of religion hath judgement to recover Land before execution be made of the judgement for this writ must between Iudgement and execution go forth to the Escheator to enquire whether the religious person hath right to recover or the judgement is obtained by collusion between the Demandant and the Tenant to the intent that the true Lord be not defrauded See Westm 2. Cam. 32. Cum Viri religiosi c. The form of this writ you may have in the Register judicial fol. 8 16 17 et 46. And in the Old nat br fol. 161. See the new book of Entries verbo Quale jus Quare ejecit infra terminum is a writ that lyeth for a Leassee in case where he is cast out of his Ferm before his term be expired against the Feoffee or leassour that ejecteth him And it differeth from the Ejectione firma because this lyeth where the leassor after the lease made infeoffeth another which ejecteth the leassee And the Ejectione firma lyeth against any other stranger that ejecteth him The effect of both is all one and that is to recover the residue of the term See Fitzh nat brev fo 197. See the Register original fol. 227. And the new book of Entries verbo Quare ejecit infra terminum Quare impedit is a writ that lyeth for him who hath purchased a mannor with an advowsen thereunto belonging against him that disturbeth him in the right of his advowsen by presenting a Clerk thereunto when the Church is void And it differeth from the writ called Assisa ultimae praesentationis because that lyeth where a man or his Ancestors formerly presented and this for him that is the purchasor himself See the Expositour of the terms of the Law and Old nat brev fol. 27. Bracton lib. 4. tractat 2. cap. 6. Britton ca. 92. and Fitzh nat br fol. 32. and the Register original fol. 30. where it is said That a Quare impedit is of a higher nature than Assisa ultimae praesentationis because it supposeth both a possession and a right See at large the new Book of Entries verbo Quare impedit Quare incumbravit is a writ that lyeth against the Bishop which within six months after the vacation of a Benefice conferreth it upon his Clerk whilest two others be contending in law for the right of presenting Exposition of the Terms of Law Old nat br fol. 30. and Fitzh nat br fol. 48. Regist origin fo 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his Tenant being his Ward that after covenable mariage offered him marieth another and entreth neverthelesse upon his Land without agreement first made with his Lord and Gardian Terms of the Law Quare non permittie is a writ that lyeth for one that hath right to present for a turn against the Proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the Law of England to the widow of a landed man deceased whereby she may challenge to continue in his capital messuage or chief Mansion house by the space of forty daies after his decease Of this see Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the writ De Quarentina habenda Fitzh nat brev fo 161. See anno 9 H. 3. cap. 7. and anno 20. cap. 1. and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriveth this word from the French quaresme Who also have this custome called lo quaeresme des refues granted to widows after the decease of their husband as he proveth out of Papon in his Arests lib. 15 titulo des dots cap. 7. and li. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentina habenda is a writ that lyeth for a widow to enjoy her Quarentine Register original fo 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clark that hath recovered in a plee of advowsen The further use whereof see in Fitz. nat br fo 47. and Register origin fo 32. See the new book of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who having a servitude to passe through his Neighbours ground cannot enjoy his right for that the owner hath so strengthned it Fleta li. 4. cap. 26 sect Item si minus Quarter Sessions is a Court held by the Iustices of Peace in every County once every quarter The jurisdiction whereof how far it exceedeth is to be learned out of M. Lamberts Eirenarcha Sir Thomas Smith de republ Angl. li. 2. cap. 19. But to these you may adde the late Statutes of the Realm for their power daily encreaseth Originally it seemeth to have been erected only for matters touching the peace But in these days it extendeth much further That these Sessions should be held quarterly was first of all ordained so far as I can learn by the statute anno 25 E. 3. statut 1. cap. 8. Of this read Lamberts Eirenarcha the fourth book throughout where he setteth them out both learnedly and at large Quash quassare commeth of the French quasser i. quassare conquassare It signifieth in our Common Law to overthrow Bracton lib. 5 tractat 2. cap. 3. nu 4. Quecbord anno 17 Ed. 4. ca. 2. Que est mesme