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
Nisi prius which came to his hand that term which received he bindeth into a bundle and bestoweth them The Custos breviam also maketh entry of the Writs of Covenant and the Concord upon every Fine and maketh forth exemplifications and Copies of all Writs and Records in his office and of all Fines levied The Fines after they be ingrossed the parts thereof are divided between the Custos brevium and the Chirographer whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note the Custos brevium keepeth the concord and the foot of the Fine upon the which foot the Chirographer do because the Proclamations to be endorsed when they be all proclaimed This Office is in the Princes gift Custos placitorum coronae Bracton l. 2. cap. 5. This seemeth to be all one with him whom we now call Custos rotulorum Of this Officer I find mention in the Writ odio acia Regist orig fol. 133. b. Custos rotulorum is he that hath the custodie of the Rolls or Records of the Sessions of Peace and as some think of the commission of the Peace it self Lamb. Eirenarch lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum in the County where he hath his Office Idem eodem and by his Office he is rather termed an Officer or Minister than a Judge because the Commission of the Peace layeth by expresse words this especial charge upon him quòd addies loca praedicta brevia praecepta praecessus indictamenta prodictacoram te dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this Office Custos of the spiritualities custos spiritualitatis vel spiritualium is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Dioces during the vacancie of the See the appointment of whom by the Canon Law appertaineth to the Dean and Chapter ca. ad abolendā Extra Ne sede vacante aliquid innovetur But with us in England to the Arch-bishop of the Province by Prescription Howbeit divers Deans and Chapters if M. Gwin say truly in the Preface to his Readings do challenge this by auncient Charters from the Kings of this Land Cutter of the tayls is an Officer in the Exchequer that provideth Wood for the Tayles and cutteth the sum paid upon them and then casteth the same into the Court to be written upon DA DAmmage cometh of the French dam or domage signifying generally any hurt or hinderance that a man taketh in his estate But in the Common law it particularly signifieth a part of that the Jurours be to enquire of passing for the Plaintiff or Demandant in a Civil action be it personal or real For after verdict given of the principal cause they are likewise asked their consciences touching costs which be the charges of sute called of the Civilians expensae litis and Dammages which conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant Dane-gilt Dane-gold or Dane-gelt Dane-geldum is compounded of Dane and gelt i. pecunia and was a Tribute layd upon our Ancestors of twelve pence for every hide of Land through the Realm by the Danes that once got the masterie of us in regard as they pretended of clearing the Seas of Pyrates which greatly annoyed our Land in those dayes Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd cap. 11. Stow in his annals pag. 118. saith that this tribute came to 40000. pounds by the year and that it was released by Ed. the Confessor The Author of the new terms of Law saith that this tribute began in the time of King Etheldred who being sore distressed by the continual invasion of the Daue to procure his peace was compelled to charge his people with importable payments For first he gave them at five several payments 113000. pounds and afterward granted them 48000. pounds yeerly See Roger Hoveden parte poster suorum annalium in Henrico secundo fol. 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. ultimus Darrein presentment ultimae prasentatio See Assise or Darreyn presentment Dates dactyli is the plumme or fruit of the tree in Latine called palma in English the Date-tree well known to most men by sight And he that will farther understand the nature or diversities of this fruit may repair to Gerards Herbal lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled 1 Jacob. 19. Day dies is sometime used in the Law for the day of appearance in Court either originally or upon assignation and sometime for the returns of Writs For example dayes in bank be dayes set down by Statute or order of the Court when Writs shall be returned or when the party shall appear upon the Writ served And of this you may read the Statutes anno 51 H. 3. cap. 1. 2. Marlb cap. 12. anno 52 H. 3. and the Statute de anno bissextili anno 21 H. 3. and lastly anno 32 H. 8. cap. 21. To be dismissed without day is to be finally discharged the Court Kitchin fol. 193. He had a day by the Roll Kitchin fol. 197. that is he had a day of appearance assigned him Day Yeer and waste See Dies and Year DE Deadly feud feuda is a profession of an unquenchable hatred until we be revenged even by the death of our enemy It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is used anno 43 Eliz. cap. 13. Dead pledge mortuum vadium See Mori gage Dean decanus is an Ecclesiastical Magistrate so called of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least Howbeit in England we use to call him a Dean that is next under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum he Chapter But this word how diversly it is used read Lindwood titulo de judic ca. pri verbo Decani rurales where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned unto them by the Bishop and Archdeacon being placed and displaced by them As there be two foundations of Cathedral Churches in England the old and the new the new be those which Henry the eighth upon suppression of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter so be there two means of creating these Deans For these of the old foundation are brought to their dignity much like Bishops the King first ending out his Congé d'eslire to the Chapter the Chapter then chusing the King yeelding his royal assent and the Bishop confirming him and giving his mandate to install him
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
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
be impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffice to make a Record in the Exchequer The next how many in an assise c. I find not that we in our Courts especially the Kings Courts stand much upon the numbers of Recorders or witnesses for the strength of the testimony which the Record worketh but that we take it sufficient which is registred in each Court Glanvile lib. 8. cap. 8. Bracton lib. 3. tract 2. cap. 37. num 4. Bretton in the Proeme of his book saith that the Iustices of the Kings Bench have a Record the Coroner Vicounr Iustices of the Exchequer Iustices of the Gaol delivery the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings letters patents in those causes they have Commission to take knowledge of All which as I take it must be understood with that caveat of Brook titulo Record num 20. 22. that an act committed to writing in any of the Kings Courts during the term wherein it is written is alterable and no record but that term once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proof to the contrary Yet see Sir Edward Cooks Reports lib. 4. Rawlius case fol. 52. b. anno 12 Ed. 2. cap. 4. It is said that two Iustices of either Bench have power to record Non-sutes and defaults in the Country It appeareth by Bracton lib. 5. tract 2. cap. 1. et 11. that quatuor milites habent recordum being sent to view a party essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Serviens Hundredi habet recordum in testimonio proborum hominum And in the Statute of Carleil made anno 15 Ed 2. it is said that one Iustice of either Bench with an Abbot or Prior or a Knight or a man of good fame or credence hath a record in the view of one that is said by reason of sickness to be unable to appear personally for the passing of a fine And anno 13 H. 4. cap. 7. et anno 2 H. 5. cap. 3. that two Iustices of peace with the◠Shyreeve or Under-shyreeve have power to record what they find done by any in a ryot or rout c. That which is before mentioned out of Briton touching the Shyreeve seemeth to be limited by Fitzh nat br fol. 81. D. Who alloweth him a record in such matters only as he is commanded to execute by the Kings Writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheator and Shyreeve be not Iustices of record but officers of record In which words he signifieth that their testimony is authentical only in some certain things that are expresly injoyned them by vertue of their Commission as Ministers to the King in his higher Courts whereas Iustices of record have in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commanded Fitzh in his Nat. br fol. 82. in principio something explaineth this point writing to this effect Every act that the shyreeve doth by vertue of his commission ought to be taken as matter of Record no lesse than the Justices of peace His reasons be two the former because his patent is of record the other because he is a conservatour of the peace And then he addeth that the plees held before him in his County be not of record Yet is the County called a Court of record Westm 2. cao 3. anno 13 Ed 1. But it seemeth by Briton cap. 27. that it is only in these causes whereof the shyreeve holdeth plee by especial writ and not those that he holdeth of course or custome And in that case also it may be gathered out of the same Author that he hath a record but with the testimony of those annexed that be suters to the Court. Which seemeth to agree with Bractons words above specified Scrviens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanvile l. 8. c. 8 9 et 10. One Iustice upon view of forcible detinue of land may record the same by statute anno 15 R. 2. cap. 2. the Maior and Constables of the staple have power to record recognisances of debt taken before them anno 10 H. ◠ca. 1. Brook titulo Record seemeth to say that no Court ecclesiastical is of record how truly it is to be inquired For Bishops certifying bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a divorse a spiritual intrusion or whether a man be professed in any religion with other such like are credited without farther enquiry or controlment See Brook titulo Bastardy See Fleta lib 6. cap. 39 40 41 42. Lamb. Eirenarcha lib. pri cap. 13. Glanvile lib. 7. cap. 14 et 15. the Register original fol. 5. b. Bracton lib. 5. tractat 5. cap. 20. nu 5. Briton cap. 92 94 106 107 109. Doct. and Stud. lib. 2. cap. 5 but especially Cosius apology parte pri cap. 2. And a testament shewed under the seal of the Ordinary is not traversable 36 H. 6.31 Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference between that law whereby the court Christian is most ordered and the Common law of this Land For by the Civil or Canon law no instrument or record is held so firm but that it may be checked by witnesses able to depose it to be untrue Co. plus valere quod agitur quà m quod simulate concipitur ca. cum Johannes 10. extra de fide instrumentorum Whereas in our Common law against a record of the Kings court after the term wherein it is made no witnesse can prevail Briton cap. 109. Coke lib. 4. Hinds case fol. 71. lib. assisarum fol 227. nota 21. This reconciliation may be justified by Brook himself titulo Testaments num 4.8 14. and by Glanvile lib. 8. cap. 8. The King may make a Court of record by his grant Glanvile lib. 8. cap. 8. Briton cap. 121. as for example Queen Elizabeth of worthy memory by her Charter dated 26 Aprilis anno 3. regni sui made the Consistoty court of the University of Cambridge a court of record There are reckoned among our common Lawyers three sorts of Records viz. A record judicial as attainder c. A record ministerial upon oath as an office found A record made by conveyance by consent as a fine deed inrolled or such like Coke lib. 4. Andrew Ognels case fol. 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeve to remove a cause depending in an inferiour court to the Kings bench or common plees as out of a court of antient Demeasn Hundred or County Fitz. nat br fol. 71. B. out of the county court idem fol.
domini si quem habuerit accedat c. And to help this probability I find that the Steward of a manner is termed serviens manerii Coke Vol. 4. Copihold cases fol. 21 a. Then is there a Sergeant at arms serviens ad arma whose Office is to attend the person of the King An. 7 H. 7. ca. 3. to arest Traitors or men of worth or reckning that do or are like to contemn Messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in judgement upon any Traitor and such like pl. cor lib. 3. cap. pri Of these by the Statute anno 13 R. 2. cap. 6. there may not be above thirty in the Realm This sort is called del espee In the custumary of Nor. car 5. which read There be also some two of these Sergeants of the Parliament one for the upper another for the lower house whose Office seemeth to serve for the keeping of the Doors and the execution of such Commandements especially touching the apprehension of any offender as either house shall think good to enioyn them See Cromptons Jurisdictions fol. nono See also Vowels aliâs Hookers book of the order of the Parliament There is one of these that belongeth to the Chancery who is also called a Sergeant of the Mace as the rest may be because they carry Maces by their office He of the Chancery attendeth the Lord Chancellor or Keeper in that court for the means to call all men into that Court is either by this Officer or by sub poena West pa. 2. Symb. tit Chauncery Sect. 17. Then be there Sergeants that be the chief officers in their several functions within the Kings houshold which be chief in their places of which sort you may read many named in the statute anno 33 H. 8 cap. 12. There is also a more base kind of Sergeant of the Mace whereof there is a troop in the City of London and other Towns corporate that serve the Maior or other head Officer both for mesnial attendance and matter of Justice Kitchin fol. 143. And these are called Serviontes ad clavam New book of Entries ver scire facias in Mainperners fol. 538. cap. 3. Sergeantie Serriantia commeth of the French Sergeant i. satelles and signifieth in our Common law as service due to the King from his Tenent holding by such service For this service cannot be due to any L. from his Tenent but to the King only And this is either grand or petit as you shall find at large set down in Chivalry Of this also you may read Bra. l. 2. c. 16. c. 37. n. 5.4 et Brit. c. 66. n. 1. et 2. See Servies M. Skene de ver signif calleth this Sergeantery defining and dividing it as we do in England Servientihus as certain writs touching servants and their Masters violating the statutes made against their abuses which see in the Regist. orig fo 189. et 190 et 191. Service servitium though it have a general signification of duty toward them unto whom we owe the performance of any corporal labor of function yet more especially in our Common law it is used for that service which the Tenent by reason of his fee oweth unto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Servitium est munus obsequit clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either military and noble commonly called Knights service or clownish and base commonly called Soccage of both which read Chiry as also scecage And Bracton lib. 2. ca. 16. Service is divided by Britton into personal and real cap. 66. where he maketh wards mariages homage Reliefs and such like to be real services personal I imagine may those be called that are to be persormed by the person of the Tenent as to follow his Lord into war c. The Civilians divide munera in this sort either in personalia or patrimonalia Then Bracton ubi supra num 7. distributeth servitium in intrinsecum extrinsecum aliâs forinsecum medium Servitium intrinsecum is that which is due to the capital Lord of the Mannro Forinsecum is that which is due to the King and not to the capital Lord but when he goeth in his own person to serve or when he hath satisfied the King for all services whatsoever And again in the same place he saith it is called Fornisecum quia fit capitur foris sive extra servitium quod fit Domino capitali See Forein service Of this read him ubi supra more at large and Fleta lib. 2. cap. 14. § Continetur Servitia quae nec intrinseca necforinseca sunt Bract. handleth in the same Chapter nu 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intriasecae nec forinsecae sed sunt quaed im servitia concomitantia sicut servitia regalia militaria etiambemagia adeo in cbartis non sunt exprimendae Quia si homagium praecesseris et regale servitium sequitur exinde quod ad capitalem Dominum pertinebit Relivium et custodia et maritagium sive servitium sit militare vel seriantia propter exerciâ—um c. Here then Relief Ward and Mariage be those services which he calleth nec intrinseca nec forinseca sed concomitantia Service is also divided into frank service and base or villeinous service the one Bracton calleth liberum servitium the other servitium villanum or villenagium lib. 2. cap. 8. num pri This villenagium is Soccage in base tenure as to dung the Lords ground to serve him so many daies in harvest to plash his hedges c. or else copyhold All other services seem to be frank Service consisteâ—h some in seisance some in render Perkins Reservations 696. Service seemeth also to be divided into continual otherwise annual and casual or accidental An example of the sormer is the seisin of rent and of the other seisin of Relief Sir Edward Cokes Reports lib. 4. Bevils case fol. 9. a. See Copy hold See Soccage See Ayd Service secular anno 1 Ed. 4. cap. 1. which may be contrary to spiritual viz. the service divine commanded to spiritual men by their founders Servitours of Bills seem to be such servants or messenger of the Marshal belong-to the Kings Bench as were sent abroad with Bills or Writs to summon men to that Court being now more ordinarily called Tipstaffs Servitiis acquietandis is a Writ judicial that lyeth for one distreined for services by Iohn which oweth and performeth to Robert for the acquital of such services Register judicial fol. 27. a. et 36. b. Sessions Sessiones signifieth in our Common law a sitting of Justices in Court upon their commission as the Sessions of oyer and terminer pl. cor fol. 67. Quarter Sessions
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
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
peace may a Iustice of peace command either as a Minister when he is willed so to do by a higher authority or as aludge when he doth it of this own power derived from his Commission Of both these see Lamberds Eirenarcha lib. 2. cap. 2. pa. 77. See Peace See Supplicavit Suffragan Suffraganeus is a titular Bishop ordained and assisted to aid the Bishop of the Diocesse in his spiritual function c. Suffraganeus Extra de electione For the Etymologie Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur Joach Stephanus de jurisdict lib. 4. cap. 16. num 14. It was enacted anno 26 H. 8. cap. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Diocesse and to present them to the King that he might give the one of them such Title Stile Name and Dignity of sease in the said Statute specified as he should think convenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our Common law a following of another but in divers senses the first is a sute in Law and is divided into sute real and personal Kitchin fol. 74. which is all one with action real and personal Then is there sute of Court or sute service that is an attendance which a Tenent oweth at the Court of his Lord. Fitz. nat brev in Indice verbo Suite suyte service and suyte real anno 7. H. 7. cap. 2. The new Expositour of Law terms maketh mention of four sorts of sutes in this signification Sute covenant sute custome sute real and sute service Sute covenant he defineth to be when your Ancestor hath covenant with mine Ancestor to sue to the Court of mine Ancestors Sute custome when I and my Ancestors have been seised of your own and your Ancestors sute time out of mind c. Sutereal when men come to the Sheriff Turn or Leet to which Court all men are compelled to come to know the Laws so that they may not be ignorant of things declared there how they ought to be governed And it is called real because of their allegiance And this appeareth by common experience when one is sworn his oath is that he shall be a loyal and faithfull man to the King And this sute is not for the Land that he holdeth within the County but by reason of his person and his abode there and ought to be done twice a year for default whereof he shall be amerced and not distrained I think this should be called ratherregal or royal because it is performed to the King for royal The French word in the usual pronuntiation commeth near to real the letter o being almost suppressed See Leet Suyte service is to sue to the Sheriff Turn or Leet or to the Lords Court from three weeks to three weeks by the whole year And for default thereof a man shall be distrained and not amerced And this sute service is by reason of the tenure of a mans Land Then doth sute signifie the following of one in chase as fresh sute West 1. cap. 46. a. 3 Edw. 1. Lastly it signifieth a Petition made to the Prince or great personage Suyte of the Kings peace secta pacis Regis anno 6 R. 2. stat 2. cap. pri anno 21 ejnsdem cap. 15. anno 5 Hen. 4. ca. 15. is the persuing of a man for breach of the Kings peace by treasons insurrections rebellions or trespasses Summoneas is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Register Judicial Summoner summonitor signifieth one used to call or cite a man to any Court. These by the Common law ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes qued sint coram talibus Justiciarits ad certos diem â—locum secundum mandatum Justiciariorum Vicecomiti directum parati inde facere recognitionem lib. 4. cap. 5. § Et cum Summons summonitio see Summons Common Summons Marlb cap. 18. anno 52 Hen. 3. it l. Summons in terra petita Kitch fol. 286. is that Summons which is made upon the Land which the party at whose sute the summons is sent forth seeketh to have Summons ad warrantizandum Dyer fol. 69. nu 3â— Sumage Sumagium seemeth to be toll for carriage on horse-back Crompton Jurisd fol. 191. For where the Charter of the Forest cap. 14. hath these words for a horse that beareth loads every half year a half penny the Book called Pupilla oculi useth these words pro uno equo portante summagium per dimidium annum obolum It is otherwise called a Seam And a Seam in the Western parts is a Horse-load Superoneratione pasturae is a writ Iudicial that lyeth against him who is impleaded in the County for the over-burthening of a Common with his cattell in case where he is formerly impleaded for it in the County and the cause is removed into the Kings Court at Westm Supersedeas is a writ which lyeth in divers and sundry cases as appeareth by the Table of the Register original and the Iudicial also and by Fitzh nat bre fol. 226. and many other places noted in the Index of his Book verbo Snpersedeas But it signifieth in them all a command or request to stay or forbear the doing of that which in apparence of Law were to be done were it not for the cause whereupon the Writ is granted For example a man regularly is to have surety of peace against him of whom he will sweat that he is asraid and the Iustice required hereunto cannot deny him Yet if the party be formerly bound to the peace either in Chancery or elsewhere this writ lyeth to stay the lustice from doing that which otherwise he might not deny Super statutum Edward 3. vers servants and labourers is a writ that lyeth against him who keepeth my servants departed out of my service against Law Fitz. nat fol. 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupyeth vittelling either in grosse or by retail in a City or Borough Town during the time he is Major c. Fitz. nat brev fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in chief which alienateth the Kings Land without the Kings license Fitzh nat brev fol. 175. Super statuto facto pour Seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his Court of Freehold or for trespasse contracts not made within the Kings houshold Fitzherbert nat brev fol. 241. Super statuto de Articulis Cleri cap. 6. is a writ against the Sheriff or other Officer that distraineth in the Kings high-way or in the glebe Land antiently given to Rectories Fitz. nat brev