Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	justice_n	party_n	session_n	2,323	5	10.4288	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A19476	The interpreter: or Booke containing the signification of vvords wherein is set foorth the true meaning of all, or the most part of such words and termes, as are mentioned in the lawe vvriters, or statutes of this victorious and renowned kingdome, requiring any exposition or interpretation. ... Collected by Iohn Cowell ...	Cowell, John, 1554-1611.	1607 (1607)	STC 5900; ESTC S108959	487,900	584

Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominū status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpō any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio is a dignity which a man hath by a power to doe Iustice in causes of complaint made before him And there be two kinds of Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the

kings house whose function is fragmenta diligenter colligere ea distribuere singulis diebus egenis agrotos leprosos incarceratos pauperesque viduas alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam alia ad eleemosynae largita recipere fideliter distribuere Debet etiam regem super eleemosynae largitione crebris summonitionibus stimulare praecipuè diebus Sanctorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel menestrallis sed and eleemosinae suae incrementum iubeat largiri Fleta lib. 2. cap. 2. Almoine eleemosina See Frank almoyne Almond amygdalum is well knowne to euery mans sight it is the kirnell of a nut or stone which the tree in Latine called amygdalus doth beare within a huske in maner of a wal nut of whose nature and diuersities you may reade Gerards Herball lib. 3. cap. 87. This is noted among merchandize that are to be garbled anno 1. Iaco. ca. 19. Alnegeor aliâs aulnegeor vlniger vel vlnator cometh from the French aulne an elle or elwand and signifieth an officer of the Kings who by himselfe or his deputie in places conuenient looketh to the assise of wollen cloth made through the land and to seals for that purpose ordained vnto them an 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for euery cloth so sealed in a fee or custome therunto belonging anno 17. R. 2. cap. 2. Reade of this more anno 27. Ed. 3 cap. 4. anno 17. R. 2. cap. 2. 5. anno 1. H. 4. cap. 13. anno 7. eiusdem cap. 10. anno 11 eiusd cap. 6. anno 13. eiusd cap. 4. anno 11. H. 6. cap. 9. anno 31. eiusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. eiusdem cap. 1. an 1. R. 3. cap. 8. Ambidexter is that iurour or embraceour that taketh of both parties for the giuing of his verdict He forfeiteth ten times so much as he taketh anno 38. Ed. 3. cap. 12. Cromptons iustice of peace fol. 156. b. Amendment emendatio commeth of the French amendement and signifieth in our common lawe a correction of an error committed in a processe and espyed before iudgment Terms of the lawe Broke titulo Amendement per totum But if the fault be found after iudgment giuen then is the party that wil redresse it driuen to his writ of errour Tearmes of the lawe Broke titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the King or other Lord in his court that is found to be in misericordia i. to haue offended and to stand at the mercie of the King or Lord. There seemeth to be a difference betweene amerciaments and fines Kitchin fol. 214. And I haue heard cōmon Lawyers say that fines as they are taken for punishments be punishments certaine which grow expresly from some statute and that amerciaments be such as be arbitrably imposed by affeerors This is in some sort confirmed by Kitchin fol. 78. in these words l'amerciamēt est affire per pares M. Manwood in his first part of Forest lawes pag. 166. seemeth to make another difference as if he would inferre an amerciamēt to be a more easie or more mercifull penaltie and a fine more sharpe and grieuous Take his wordes If the pledges for such a trespasse saith he do appeare by common summons but not the defendant himselfe then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himselfe do appeare and be ready in Court before the Lord Iustice in eyre to receiue his iudgment and to pay his fine But if such pledges do make default in that ease the pledges shall be amerced but not fined c. The author of the new tearmes of lawe saith that amerciament is most properly a penalty assessed by the peeres or equals of the partie amercied for an offence done for the which he putteth himselfe vpon the mercie of the Lord. Who also maketh mentiō of an amerciament royal and defineth it to be a pecuniarie punishment laid vpon a Sheriffe Coroner or such like Officer of the kings amercied by Iustices for his offence See Misericordia Amoveas manum Looke ouster le r●aiue An tour waste annus dies vastum Looke yeare day and waste Ancaling of tile anno 17. Ed. 4. ca 4. Annats Annates seemeth to be all one with first fruites anno 25. H. 8. ca. 20. looke First fruites The reason is because the rate of first fruites payed of spirituall liuings is after one yeares profite Of which Folydore Virgil de inuētione rerum lib. 8. cap. 2. saith thus Nullum inuentum m●iores Romano Pontifici cumulavit opes quàm annatum quas vocant vsus qui omnino multò antiquior est quàm recētiores quidam scriptores suspicantur Et annates more suo appellant primos fructus vnius anni sacerdatii vacantis aut danidiam eorum partem Sanè hoc vectigal iam pride cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet eum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re vt gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic vt Franciscus Zabarellus tradat post hac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse vt eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua nassa retinuit vt ne indidem exire possent lege caetera Anniented commeth of the French aneantir i. se abiicere atque prosternere It signifieth with ourlawyers as much as frustrated or brought to nothing Litlet●n lib. 3. cap. warrantie Annua pensione is a writte wherby the king hauing due vnto him an annuall pension from any Abbot or Prior for any of his Chaplaines whom he shal think good to name vnto him being as yet vnprouided of sufficient liuing doth demaund the same of the said Abbot or Prior for one whose name is comprised in the same writ vntill c. and also willeth him for his Chaplaines better assurance to giue him his leters patents for the same Register orig fol. 265. 307. Fitzh nat br fol. 231. where you may see the names of al the Abbeyes and Priories bound vnto this in respect of their foundatiō or creation as also the forme of the leters patents vsually graunted vpon this writ Annuitie annuus reditus signifieth a yearely rent to be paide for tearme of life or yeres or in fee and is also vsed for the writ that lyeth against a man for

and in euery action reall as also euery action personall where the debt or dammages amount to 40. merks it is a good chalenge to any man that he cannot dispend 40. shillings by the yeare of Free-hold anno 11. H. 7. cap. 21. and Termes of the lawe verbo Chalenge The ground of this chalenge you may see farder in Fleta lib. 4. cap. 8. Chalenge vpon reason or cause is when the partie doth alledge some such exception against one or more of the Iurors as is not forthwith sufficient vpon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Iurors as for example if the sonne of the Iuror haue maried or espoused the daughter of the aduerse partie Termes of lawe vbi supra This chalenge per cause seemeth to be tearmed by Kitchin chalenge for fauour fol. 92. or rather Chalenge for fauour is said there to be one species of chalenge per cause where you may read what chalenges be commonly accounted principall and what not See the new booke of Entries verbo Chalenge and the old nat br fol. 158. 159. That this word chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. li. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will neuer forgiue him that first strooke this blowe at him Of chalenge you may farder read Fleta lib. 1. cap. 32. § Ad quem diem seqq Chamberdekins are Irish beggers anno 1. H. 5. cap. 8. Chamberer is vsed for a chamber maide anno 33. H. 8. cap. 21. Chamberlaine camerarius vel camberlingus commeth of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly vsed in our Chronicles Lawes and Statutes as Lord great Chamberlaine of England Lord Chamberlain of the kings house the kings Chamberlaine anno 13. Ed. 1. cap. 41. anno 17. R. 2. cap. 6. to whose office it especially appertaineth to looke to the kings chambers and wardrobe and to gouerne the vnder ministers belonging vnto the same Fleta lib. 2. cap. 6. 7. Chamberlaine of any of the kings courts anno 7. Ed. 6. cap. 1. Chamberlaine of the Exchequer anno 51. H. 3. stat 5. anno 10. Ed. 3. cap. 11. anno 14. eiusdem cap. 14. anno 26. H. 8. cap. 2. Chamberlaine of north Wales Stow. pag. 641. Chamberlaine of Chester Cromptons iurisd fol. 7. This Officer is commonly the receiuer of all rents and reuenues belonging to that person or citie whereunto he is chamberlaine v. Fletam li. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camera i. testudine sive fornice quia custodit pecunias quae in cameris praecipuè reservantur Onyphrius de interpret vooum 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 iure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quē quaestorem antiqui appellârunt in rebus fisci primum locum tenet quia thesauraruis custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the kings Exchequer who were wont to keepe a controlment of the pels of receipt and exitus kept certaine keyes of the treasure cofers which is not now in vse They keepe the keyes of the Treasurie where the leagues of the Kings predecessors and diuers auncient bookes doe remaine There is mention of this officer in the Statute anno 34. 35. H. 8. cap. 16. There be also vnder-chamberlaines of the Exchequer which see in Vnder-chamberlaine Champartie cambipartita aliàs champertie seemeth to come from the french champart 1. vectigal and signifieth in our common lawe a maintenance of any man in his suit depending vpon condition to haue part of the thing be it lands or goods when it is recouered Fitzh nat br fo 171. and champertours be they that moue plees or suites or cause to be moued either by their owne procurement or by other and persyew at their proper costs for to haue part of the land in variance or part of the gaines anno 33. Ed. 1. stat 2. in fine Whereunto adde the third statut made the same yeare This seemeth to haue bene an auncient fault in our realme For notwithstanding these former statutes and a forme of writ framed vnto them yet anno 4. Ed. 3. ca. 11. it was againe inacted that whereas the former statute prouided redresse for this in the kings bench onely which in those dayes folowed the court from thence forth it should be lawfull for Iustices of the common plees likewise and Iustices of assises in their circuits to inquire heare and determine this and such like cases as well at the suite of the king as of the party How farre this writ extendeth and the diuers formes therof applied to seuerall cases see Fitzh nat br fo 171. and the Register orig fo 183. and the new booke of entrise verbo Champertie Euery champertie employeth maintenance Cromptons iurisd fo 39. See also his Iustice of peace fo 155. b. c. These with the Romans were called redemptores litium qui sc quotidianas lites mercantur aut quipartem litis paciscuntur l. si remunerandi § Maurus Π. Mandati l. si contra l. per diuersas Co. eodem 13. Champion campio is thus defined by Hotoman in verbis feudalibus Campio est certator pro alio datus in duello a campo dictus qui circus erat decertantibus definitus In our common lawe it is taken no lesse for him that trieth the combat in his owne case then for him that fighteth in the place or quarell of another Bracton li. 3. tracta 2. ca. 21. nu 4. who also seemeth to vse this word for such as hould by sergeanty or some service of another as cāpiones faciunt homagium domino suo li. 2. ca. 35. Of this reade more in Battell and Combat 30. Chanceler cancellarius commeth of the french chaneelier Vincentius Lupanus de magistratibus Francorum saith that cancellarius is no latine word how be it he citeth diuers latine writers that doe vse it With him agreeth that excellent man Petrus Pithaeus libro 2. aduersariorum ca. 12. and whereas Lupanus would deriue it from the verb cancello Pithaeus confesseth he hath good colour for his opinion though he thinke it not sound and therefore rather deduceth it a cancellis Cancellare is literas vel scriptum linea per medium ducta damnare and seemeth of it selfe likewise to be deriued a cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greeke which we in our tong call a letis that is a thing made of woode or iron

capriuis pellibus quibus olim altaria tegebantur secundùm Archidiaconum Arbitrarer a simplici tecto quo oratorium campestre operitur lateribus vndiquaque patentibus patulis Tectum enim Gallis simpliciter dicitur chapelle a capite Vnde formata aliqua nomina chapean cape c Aut capella locus qui minoris spatii sit quam ecclesia quòd tot homines non capiat vt ecclesia Ita altare capella est ca. quaesitum ca. penult i. quaest 3. Iohan. Andraeas in ca. i. de succes ab intesta praebenda cum onere quotidie celebrandi sacram liturgiam ca. significatum 11. de praebend oratorium ca. authoritate de privilegiis in 6. quòd in co loco orationes non aliae res profanae peragi debeant ca. pen. fina 42. distinct The same author in his booke de beneficiis ca. 11. nu 10. hath these words Dicti porro primitùs capellani a cappa Sancti Martini quam Reges Francorum ob adiutorium in praelus solebant secum habere quam ferentes custodientes cum caeteris sanctorum reliquiis clerici capellani caeperunt vocari vr omnia refert Valafridus Strabo Abbas Augensis ca. fina de incrementis rerum ecclesiastica There is of these chapels one kinde called a free chapell which seemeth to be such as hath maintenance perpetuall toward the vphoulding thereof and wages of the curate by some land charitablely bestowed on it without the charge of the rector or parishe anno 37. H. 8. cap. 4. anno 1. Ed. 6. ca. 14. Chapellaine capellanus is he that performeth diuine seruice in a chappell and therefore in our common law it is vsed most ordinarily for him that is depending vpon the king or other man of worth for the instruction of him and his family the executing of praiers and preaching in his priuate house where commonly they haue a chappell for that purpose as anno 21. H. 8. ca. 13. where it is set downe what persons may priuiledge one or moe chaplaines to discontinew from their benefices for their particular seruice Chapiters capitula commeth of the French chapitre 1. caput libri It signifieth in our common lawe a summary or content of such matters as are to be inquired of or presented before Iustices in Eyre Iustices of assise or of peace in their sessions Soe is it vsed anno 3. Ed. 1. ca. 27. in these words and that no clerke of any Iustice Escheatour or Commissioner in Eyre shall take any thing for deliuering chapiters but onely clerkes of Iustices in their circuits and againe anno 13. eiusdem ca. 10. in these words and when the time commeth the shyreeue shall certifie the chapiters before the Iustices in Eire how many writs he hath and what c. Britton likewise vseth the same worde in this signification ca. 3. Chapiters or capitula be now called articles most ordinarily and are deliuered as well by the mouth of the Iustice in his charge as by the clerks in wrighting to the enquest whereas in auncient times as appeareth by Bracton and Britton they were after an exhortation giuen by the Iustices for the good obseruation of the lawes and kings peace first red distinctly and opēly in the whole court and then deliuered in writing to the grand enquest And the same order doth M. Lamberd wish to be kept in these daies also Eirenar li. 4. ca. 4. pa. 393. Horn in his mirrour of Iustices calleth them articles and expresseth what they were wont to containe li. 3. ca. des articles in Eire An exāple of these chapters or articles you haue in the booke of assises fo 138. nu 44. as also in Roger Houeden parte poster suorum annal in Richardo primo fo 423. Chapter capitulum signifieth in our common lawe as in the canon lawe whence it is borowed congregationem clericorum in ecclesiae cathedrali conuentuali 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 Linwods prouineials glos in ca. quia in continētiae de constitutionibus verb. Capitulis Why this collegiat companie 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 signifiing a litle head For this companie or corporation is a kinde of head not onely to rule and gouerne the dioces in the vacatiō of the Bishoprick but also in many things to advise the Bishop when the See is full See Panormitan in ca. capitulum extra de rescriptis Charta perdonationis se defendendo is the forme of a pardon for slaying another in a mans owne defence Register original fo 287. Chartae perdonationis vtlagariae is the forme of a pardon for a man thatis outlawed Reg. orig fo 288. 38● Charter charta commeth of the French chartres i. instrumenta It is taken in our lawe for written evidence of things done betweene man and man whereof Bracton lib. 2. 〈◊〉 ca. 16. num 1. saith thus Fiunt aliquando donationes in scriptis sicut in chartis ad perpetuam rei memoriam propter brevem hominum vitam c. a litle after nu 12. Et sciendum quòd chartarū alia regia alia privatorum regiarum alia privata alia communis alia vniuersalis Item priuatorum alia de puro feoffamento simplici alia de feoffamento conditionali sive conventionali secundùm omnia genera feoffamentorum fieri potest Item privatorum alia de recognitione puravel conditionali Item alia de quiete-clamantia Item alia de confirmatione c. and so thorough the chapter Britton likewise in his 39. chapter diuideth charters into the charters of the King and charters of priuate persons Charters of the King are those whereby the King passeth any graunt to any person or more or to any bodie politique as a charter of exemption that a man shall not be empaneled vpon any Iurie Kitchin fo 114. fo 177. charter of pardon whereby a man is forgiuen a felonie or other offence committed against the Kings crowne and dignitie Broke tit charter of pardon Charter of the forest wherein the lawes of the forest are comprised anno 9. H. 3. Cromptons Iurisd fo 〈◊〉 47. Pupilla oculi parte 5. ca. 22. Manwood parte 1. of his forest lawes fo i. where he setteth downe the charters of of Canutus and fo 17. where he hath set downe that which was made anno 9. H. 3. with the charter of the forest which we vse M. Skene saith that the lawes of the forest in Scotland doe agree de verbo signif verbo Venison Charter of land Broke codem titulo That which we call a charter the Lombards in libris feudalibus call praeceptū praeceptionem Hotama verbo praeceptū in verbis feudalibus Of these charters you haue

his 30. chapter saith in the Kings person to this effect we will that none haue measures in the realme but we our selues but that every man take his measures and weights from our standards and so goeth on with a tractat of this mater that well sheweth the auncient law and practise in this poynt Touching this officers dutie you haue also a good statut anno 13. R. 2. cap. 4. Clerk of the Kings siluer clericus argenti Regis is an officer belonging to the court of common plees vnto whome euerie fine is brought after it hath beene with the custos brevium and by whome the effect of the writ of couenant is entred into a paper booke and according to that note all the fines of that terme are also recorded in the rolles of the court And his entrie is in this forme He putteth the Shire ouer the margen and then saith A. B. dat domino regi dimidiam 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 dutie is in the sessions to reade the endictments to enrolle the acts and drawe the proces to record the proclamations of rates for servants wages to enrolle the discharge of apprentices to keepe the counterpaine of the indenture of armour to keepe the register booke of licences giuen to badgers and laders of corne of those that are licensed to shoote in guns to certify into the kings bench transcripts of indictments outlawries attainders and convictions had before the Iustices of the peace within the time limited by statute Lamberds eirenarcha li. 4. ca. 3. fo 379. Clerk of the signet clericus signetti is an officer attendant continually on his maiesties principall secretary who alwaies hath the custodie of the priuie signet as well for sealing his maiesties priuate leters as also such graunts as passe his maiesties hands by bill assigned Of these there be fower that attend in their course and haue their diet at the Secretaries table More largely you may reade of their office in the statute made anno 27. H. 8. ca. 11. Clerk of the priuie seale clericus priuati sigilli is an officer whereof there be foure in number that attendeth the Lord keeper of the priuie seale or if there be none such vpon the principal Secretarie writing and making out all things that be sent by warrant from the signet to the priuie seale and are to be passed to the great seale as also to make out as they are tearmed privie seales vpon any especiall occasion of his maiesties affaires as for loane of mony or such like Of this officer and his function you may read the statute anno 27. H. 8. ca. 11. He that is in these daies called the Lord keeper of the privie seale seemeth in auncient time to haue beene called clerke of the priuie seale and to haue beene reckoned in the number of the great officers of the realme Read the statute anno 12. R. 2. ca. 11. Clerk of the Iuries or iurata writs clericus iuratorum is an officer belonging to the court of the common plees which maketh out the writs called habeas corpora and distringas for appearance of the Iurie either in court or at the assises after that the Iurie or panell is returned vpō the venire facias He entreth also into the rols the awarding of these writs and maketh all the continuance from the going out of the habeas corpora vntill the verdict be giuen Clerk of the pipe clericus pipae is an officer in the kings exchequer who hauing all accounts and debts due to the king delivered and drawne downe out of the Remembrancers offices chargeth them downe into the great rolle who also writeth sūmons to the Shyreeue to levie the said debts vpon the goods and catels of the deptors and if they haue no goods then doth he drawe them downe to the L. treasurers remembrancer to write extreats against their lands The awncient revenew of the Crowne remaineth in charge afore him he seeth the same answered by the fermers shyreeues to the King He maketh a charge to al Shyreeues of their summons of the pipe and green-wax and seeth it answered vpon their accompts He hath the drawing and ingrossing of all leases of the Kings land Clerk of the hamper or hanaper clericus hanaperij is an officer in chawncerie anno 2. Fd. 4. ca. 1. otherwise called warden of the hamper in the same statute whose functiō is to receiue al the mony due to the kings maiestie for the seales of charters patēts commissions and writs as also feese due to the officers for enrolling examining the same with such like He is tied to attendance on the lord Chanceler or lord keeper daily in the terme time and at all times of sealing hauing with him leather bags wherein are put all charters c. after they be sealed by the Lord Chanceler and those bags being sealed vp with the lord Chancelers priuate seale are to be deliuered to the controller of the hanaper who vpon receipt of them doth as you shall reade in his office This hanaper representeth a shadowe of that which the Romanes termed fiscum that conteined the Emperours treasure Clerk of the plees clericus placitorum is an officer in the exchequer in whose office all the officers of the court vpon especiall priuiledge belonging vnto them ought to siew or be siewed vpon any action Clerk of the treasurie clericus thesaurariae is an officer belonging to the common plees who hath the charge of keeping the records of the courte and maketh out all the records of Nisi prins hath the fees due for all searches and hath the certifiing of all records into the the kings bench when a writ of errour is brought and maketh out all writs of Supersideas de non molestando which are graunted for the defendants while the writ of errour hangeth Also he maketh all exemplications of records being in the treasurie He is taken to be the servant of the chiefe Iustice and remoueable at his pleasure whereas al other officers are for terme of life There is also a Secondarie or vnder clerk of the treasurie for assistance which hath some allowances There is likewise an vnder keeper who alway keepeth one key of the treasury doore the chiefe clerke of the Secundarie another so the one cannot come in without the other Clerk of essoines clericus essoniorum is an officer belonging to the courte of common plees who onely keepeth the essoines rolle and hath for entring everie essoine sixe pence and for euery exception to barre the essoine in case where the partie hath omitted his time sixe pence He hath also the providing of parchment and cutting it out into rols and marking the numbers vpon them and the deliuerie out of all

councell held at Vienna in Fraunce he suppressed for their many and great offences as he pretended These Hospitallers be now the knights of Saint Iohn of Malta Cassan gloria mundi parte 9. considerat 5. This constitution was also obeyed in Ed. the 2. time here in England and confirmed by Parlament Tho. Walsing ham in historia Ed. 2. Stawes annals ibidem These are mentioned anno 13. Ed. 1. ca. 43. anno 9. H. 3. ca. 37. Hostelers Hostellarius commeth of the french Hosteler i. Hospes and signifieth with vs those that otherwise we call Inkeepers an 9. Ed. 3. stat 2. c. 11. Hotchepot in partem positio is a word that commeth out of the lowecountries where Hutspot signifieth flesh cut into pretie peeces and sodden with herbs or roots not vnlike that which the Romans called farraginem Festus Litleton saith that literally it signifieth a pudding mixed of diuers ingredients but metaphorically a commxtion or putting together of lands for the equall diuision of them being so put together Examples you haue diuers in him fo 55. and see Briton fol 119. There is in the Ciuile law collatio bonorum answerable vnto it whereby if a child aduaunced by the father in his life time doe after his father decease chalenge a childs part with the rest he must cast in all that formerly he had receiued and then take out an equall share with the others De collatio bonorum Π. lib 37. titulo 6. Housebote is compounded of House and Bote. i. compensatio It signifieth estovers out of the Lords wo●de to vphould a tenement or house Houserobbing is the robbing of a man in some part of his house or his booth or tēt in any faire or market and the owner or his wife children or seruants being within the same for this is felonie by anno 23. H 8. cap. i. and. anno 3. Ed. 6. cap 9. yea now it is felonie thoughe none be within the house anno 39. Eliz ca. 15. See Burglarie see West part 2. sym tit Inditemēts sect 67. Hudegeld significat quiet antiam transgressionis illatae in seruum transgredientem Fleta lib. i. ca 47. Quare whether it should not be Hindegeld Hue and Crie Hutesium Clamor come of 2. french words Huier and Crier both signifiing to shoute or cry a loude M. Manwood parte 2. of his forest lawes ca 19. nu 11. saith that Hew is latine meaning belike the Interiection but vnder reformation I think he is deceiued this signifieth a pursuite of one hauing committed felonie by the high way for if the party robbed or any in the companie of one murdered or robbed come to the Constable of the next towne and will him to raise Hiew and Crie or to make pursuite after the offēdour describing the partie and shewing as neere as he can which way he is gone the Constable ought forthwith to call vpon the parishe for aide in seeking the felon and if he be not found theare then to giue the next Constable warning and he the next vntill the offender be apprehended or at the least vntill he be thus persued to the sea side Of this reade Bracton lib 3. tracta 2. ca. 5. Smith de Repub Anglo lib 2. cap 20. and the statute anno 13. Ed. 1. statute of Winchest c. 3. a. 28. Ed 3. c 11. anno 27. El c 13. The Normans had such a persuite with a Crie after offenders as this is which they called Haro whereof you may reade the Grand Custumarie cap. 54. Some call it Harol the reason whereof they giue to be this that there was a Duke of Normandy called Rol a man of great iustice and seruerity against grieuous offenders and that thereupon when they follow any in this persuite they crie Ha-Rol as if they should say Ah Rol where art thou that wert wont to redresse this or what wouldst thou doe against these wretches if thou now wert liuing But in truth I thinke it commeth from Harier 〈◊〉 flagitare inquiet are vrgere Hue is vsed alone anno 4. Ed. pri Stat. 2. This the Scots call Huesium and M. Skene de verbo signif verb. Huesium saith that it commeth of the french Oye● i. Audite making one etymologie of this and the crie vsed before a proclamation The maner of their hue and cry as he there describeth it is that if a robberie be done a horne is blowne and an out crie made after which if the partie flie away and not yeeld himselfe to the Kings Bayliffe he may be lawfully slaine and hanged vp vpon the next gallowes Of this Hue and crie see Cromptons Iustice of peace fol. 160. b. Huissers See Vshers Hundred Hundredum is a part of a shire so called originally because it conteined ten tithings called in latine Decennas These were first ordeined by king Alfred the 29. king of the West Saxons Stowes Annals pag. 105. of these thus speaketh M. Lamb. in his explica of Saxon words verbo Centuria● Aluredus rex vbi cum Guthruno Daca foedus inierat prudentissimum illud ●lim a Ietr●● Moysi datum secutus consilium Angliamprimus in satrapias Centurias Decurias partitus est Satrapiam shire a shyran quod parti● significat nominavit Centuriam Hundred Decuriā Toothing siue Tienmantale i. Decemvirale collegium appellavit atque iisdem nominibus vel hodie vocantur c. And againe afterward Decrevit tum porro Aluredus liberae vt condicionis quisque in Centuriam ascriberitur aliquam atque in Decemviralt aliquod coniiceretur collegium De minoribus negotiis Decurionet vt tudicarent ac si●quae esset re● difficilior ad Centuriam deferrent diffi●illimas denique maximi mo●●enti lites Senator praepositus in frequenti illo ex omni satrapia conventu componerent Modus autem iudicandi quis fuerit Ethelredus Rex legum quas frequenti apud Vanatingum senatu sancivit capite 4. hiis fere verbis exponit In singulis centuriis comitia sunto atque liberae condicionis viri duodeni aetate superiores vnà cum praeposito sacra tenentes iur anto se adeo virum aliquem innocent em haud damnaturos sortemve absoluturos This forme of diuiding counties into Hundreds for beter gouernment howsoeuer it is attributed to King Alfred here with vs yet he had it from Germanie whence he and his came hither For there centa or centena is a iurisdiction ouer a hundred townes and conteineth the punishment of capitall crimes Andraeas Kitchin in his tractate de sublimi regio territorii iure ca. 4. pa. 123. where he also sheweth out of Tacitus de situ moribus Germa that this diuiuision was vsuall amongst the Germans before his daies By this you vnderstand the original and old vse of Hundreds which hold still in name and remaine in some sort of combination for their seuerall seruices in diuers respects but their iurisdiction is abolished and growne to the countie court some few excepted which haue beene by priuiledge annexed

by misprision of Clerks no processe shal be admitted Misprision of treason is the concealement or not disclosing of knowne treason for the which the offendours are to suffer imprisonment during the Kings pleasure loose their goods and the profits of their lands during their liues Crompton in his Iustice of peace cap. Misprision of felony fol. 40. West parte 2. symbol titulo Inditements sect 63. in siue Misprision of felonie seemeth only finable by the Iustices before whome the party is attainted Crompton Iustice of peace vbisupra The Iustices of the common place haue power to assesse fines and amerciaments vpon persons offending for misprisions contempts or negligences for not doing or misdoing any thing in or concerning fines West parte 2. symbol titulo Fines sect 133. Iustices of Assise shall amend the defaults of Clerks misprising of a sillable or leter in writing Cromptons Iurisd fol. 208. But it is to be noted that other faults may be accompted misprisions of treasons or felonie because certaine later statutes doe inflict that punishment vpon them that of old hath beene inflicted vpon misprisions whereof you haue an example anno 14. El. ca. 3. of such as coine foreine coines not current in this Realme and of their procurers aiders and abetters And see the newe exposition of lawe Termes Misprision signifieth also a mistaking anno 14. Ed. 3. stat pri ca. 6. Misses See Mise Misuser is an abuse of libertie or benefite As he shall make fine for his misuser old nat br fol. 149. Mistery mysterium commeth of the latine Mysterium or rather from the French Mestier i. ars artificium an art or occupation Mittendo manuscriptum pedis finis is a writ Iudiciall directed to the Treasurer and Chamberlaines of the Exchequer to search and transmit the foote of a fine acknowledged before Iustices in Eyre into the common plees c. Register fol. 14. a. b. Mittimus signifieth a precept sent by the King out of his Bench to those that haue the custodie of fines levied that they send them by a day assigned to his Bench West parte 2. symbol titulo Eynes sect 138. F. 154. B. and also to the Exchequer for certificate that Iudgment is giuen for the liuerie of lands to such or such a one out of the Kings hands whervpō he is dismissed also out of the exchequer a. 5. R. 2. c. 15. of diuers other vses and applicatiōs of this Mittimus see the Register originall in the table of the booke Moderata misericordia is a writ that lieth for him that is amersed in court Baron or other being not of Record for any transgression or offence beyond the qualitie of a fault It is directed to the Lord of the court or his Bayliffe commanding them to take a moderate amerciament of the party and is founded vpon Magna charta ca. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti c. The rest touching this writ see in Fitzh nat br fol. 75. See Misericordia Modo forma are words of art in a processe and namely in the answer of the defendant wherby he denieth himselfe to haue done the thing layde to his charge modo forma declarata Kitch fol. 232. It signifieth as much as that clause in the ciuile lawe Negat allegata prout allegantur esse vera Moitye commeth of the French Moitiè id est coaequa vel mediapars and signifieth the halfe of any thing Litleton fol. 125. Monks clothes anno 20. Hen. 6. cap. 10. Moniers Monetari● Register original fol. 262. b. anno 1. Ed. 6. ca. 15. be ministers of the Mint which make and coine the Kings mony It appeareth by some antiquity which I haue seen that in auncient times our kings of England had mints in most of the countries of this Realme And in the tractate of the Exchequer writen by Ockham I finde that whereas the Shyreeues ordinarily were tyed to pay into the Exchequer the kings sterling for such debts as they were to answer they of Northumberland and Cumberland were at libertie to pay in any sort of mony so it were siluer And the reason is there giuen because those two shires monetarios de antiqua institutione non habent Monstrance de droyt is as much to say as shewing of his right It signifieth in our cōmmon lawe a sulte in Chancerie to be restored to lands or tenements that indeede be mine in right though they were by some office found to be in possessiō of another lately dead See Stawnf praerog ca. 21. at large and Brooke titulo Petition of this also reade Sir Edward Cookes reports lib. 4. fol. 54. b. c. the Wardens of the Sadlers case Monstrauerunt is a writ that lieth for tenents that hold freely by charter in auncient Demeane being distreined for the payment of any tolle or imposition contrary to their libertie which they do or should enioy which see in Fitzh nat br fol. 14. Morian is all one in significatiō with the french Morion i. cassis a head peece which word the french man boroweth from the Italian morione anno 4. 5. Phi. Ma. ca. 2. Morlinge aliâs Mortling seemeth to be that wolle which is taken from the skinne of a dead sheep whether dying of the rotte or being killed anno 27. H. 6. ca. 2 This is writen Morki● anno 3. Iaco. ca. 8. Mort d'auncester See Assise Mortgage Mortuum vadium vel Morgagium is compounded of 2. French words Mort id est mors and Gage id est pignus merces It signifieth in our common lawe a pawne of land or tenement or anything moueable laid or bound for mony borowed peremptorily to be the creditours for euer if the mony be not paide at the day agreed vpon And the creditour holding land or tenement vpon this bargaine is in the meane time called Tenēt in mortgage Of this we reade in the grand Custumarie of Normandie cap. 113. in these wordes Notandum insuper est quod vadiorum quoddam viuum quoddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat vt terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis prouentibus acquir atur Vt terra tradita in vadium pro centum solidis vsque ad tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de eiusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus mortuum vadium dicitur illud cuius fructus vel reditus interim percepti in nullo se acquietant Soe you see by both these bookes that it is called a dead gage because whatsoeuer profit it yeeldeth yet it redeemeth not it selfe by yelding such profit except the whole somme borowed be likewise paid at the day See M. Skene de

benefice conferreth it vpon his Clerke 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. Register originall fol. 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his tenent being his ward that after couenable mariage offered him marieth another and entreth neuer the lesse vpon his land without agreement first made with his Lord and Gardian Terms of the law Quare non permittit is a writ that lyeth for one that hath right to present for a turne against the proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the lawe of England to the widow of a landed man deceased whereby shee may challenge to continue in his capitall messuage or cheife mansion house by the space of 40. daies after his decease Of this see Bracton lib. 2. cap. 40. And if the heire or any other attempt to eiect her shee may haue the writ De Quarentina habenda Fitzh nat br fol. 161. see anno 9. H. 3. cap. 7. anno 20. cap. pri and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriueth this word from the French Quaresme Who also haue this custome called lo quaresme des vefues granted to widows after the decease of their husbands as he proueth out of Papon in his Arrests libro 15. titulo des dots cap. 7. lib. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentena habenda is a writ that lyeth for a widow to inioy her Quarentine Register originall fol. 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clerk that hath recouered in a plee of Aduowsen The furder vse whereof see in Fitzh nat br fol. 47. Register originall fol. 32. See the new booke of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who hauing a seruitude to passe through his neighbours ground cannot inioy his right for that the owner hath so strengthened it Fleta li. 4. cap. 26. § Item si minus Quarter Sessions is a court held by the Iustices of peace in euery Countie once euery quarter The iurisdiction whereof how farre it extendeth is to be learned out of M. Lamberds Eirenarcha Sir Thomas Smith de Republ. Anglor lib. 2. ca. 19. But to these you must adde the late statutes of the Realme for their power daily increaseth Originally it seemeth to haue bene erected onely for maters touching the peace But in these daies it extendeth much farder That these Sessions shold be held quarterly was first of all ordeined so farre as I can learne by the statute anno 25. Ed. 3. stat pri cap. 8. of these read Lamberds Eirenarcha the fourth booke throughout where he setteth them out both learnedly and at large Quashe quassare commeth of the French quasser i. quassare conquassare it signifieth in our common law to ouerthrowe Bracton lib. 5. tracta 2. cap. 3. nu 4. Quekbord anno 17. Ed. 4. ca. 2. Que est mesme signifieth verbatim Which is the selfe same thing It is vsed in our common law as a word of art in an action of trespas or of like nature for a direct iustification of the very act complained of by the plaintffe as a wrong for example in an action of the case the plaintiffe saith that the Lord threatned his Tenents at will in such sort as he draue them to giue vp their tenures The Lord for his defence pleadeth that he said vnto them that if they would not depart he would siew them as the law would This being the same thretning that he vsed or to speake artificially que est le mesme the defence is good Of this see Kitchin in the chapter Que est le mesme fol. 236. where you may haue many like examples Que estate word for word signifieth Quem statum It signifieth in our common law a plee whereby a man intitling another to lands c saith that the same estate that he had himselfe hath from him for example in a Quare impedit the Plaintife alleadgeth that such foure persons were seised of lands whereunto the Advowsen in question was appendant in fee and did present to the Church and afterward the Church was voide Que estat del c. that is which estate of the foure persons he faith also that he hath nowe during the vacation by vertue whereof he presently c. Brooke titulo Que estate fol. 175. 176. But it is harder to knowe when this Que estate is to be pleaded then to vnderstand what it is as by him may appeare See the new booke of Entries verbo Que estate Queene Regina is either shee that houldeth the Crowne of this Realme by right of blood or els shee that is maried to the King In the former signification shee is in all construction the same that the King is and hath the same power in all respects In the other signification shee is inferiour and a person exempt from the King For shee may siew and be siewed in her owne name Yet that shee hath is the Kings and looke what shee looseth so much departeth from the King Stawnf praerog cap. 2. fol. 10. in fine See Kitchin fol. 1. b. See Cooke lib. 4. Copy-hould cases fo 23. b. Augusta was the like among Romaines how be it not euisdem iuris in all things Queenes siluer See Kings siluer Quem reditum reddat is a writ Iudiciall that lyeth for him to whom a rent seck or rent charge is graunted by fine leuied in the Kings Court against the Tenent of the land that refuseth to atturne vnto him thereby to cause him to atturne See old nat br fol. 156. and West parte 2. Simbol titulo Fines sect 125. See the new booke of Entries Verbo Quem reditum reddit Querela friscae fortiae is a writ See Fresh force Querela coram Rege consilio discutienda terminanda is a writ whereby one is called to iustifie a complaint of a trespasse made to the king and himselfe before the King his counsell Register originall fol. 124. b. Questus est nobis c. is the sorme of a writ of Nusance which by the statute anno 13. Ed. pri cap. 24. lieth against him to whome the house or other thing that breedeth the Nusance is alienated wheras before that statute this actiō lay onely against him that first leuied the thing to the hurt of his neighbour See the Statute Quia improvide seemeth to be a supersedeas graunted in the behalfe of a clerke of the Chawncerie siewed against the priuiledge of that court in the common plees persiewed to the exigēd See Dyer f. 33. n. 18. Quid iuris clamat is a writ Iudiciall issuing out of the Record of the Fine which remaineth with

Seruice is divided by Britton into personall and reall cap. 66. where he maketh wards mariags homage Releifs and such like to be reall seruices personall I imagine may those be called that are to be performed by the person of the Tenent as to follow his Lord into warre c. The Ciuilians diuide munera in this sort either in personalia or patrimonalia Then Bracton vbi supra num 7. distributeth seruitium in intrinsecum extrin secum aliás forinsecum medium Seruitium intrinsecū is that which is due to the capitall Lord of the maner Forinsecum is that which is due to the King and not to the capitall Lord but when he goeth in his owne person to serue or when he hath satisfied the king for all seruices whatsoeuer And againe in the same place he saith it is called Fornisecum quia fit capitur foris sive extra seruitium quod fit Domino capitali see Forein seruice Of this reade him vbi supra more at large and Fleta lib. 2. ca. 14. § Continetur Seruitia quae nec intrinseca nec forinseca sunt Bract. handleth in the same chap. n. 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intrinsecae nec forinsecae sed sunt quaedam seruitia concomitantia sicut seruitia regalia militaria etiam homagia ideo in chartis non sunt exprimenda Quia si homagium praecesserit regale seruitium sequitur exinde quòd ad capitalem Dominum pertinebit Releuium custodia maritagium siue seruitium sit militare vel seriantia propter exercitum c. Here then Reliefe Ward and Mariage be those seruices which he calleth nec intrinseca nec forinseca sed concomitantia Seruice is also divided into frank seruice and base or villenous seruice the one Bracton calleth liberum seruitium the other seruitium villanum or villenagium lib. 2. cap. 8. nu pri This villenagium is Socage in base tenure as to dung the Lords ground to serue him so many daies in haruest to plash his hedges c. or els copy hould All other seruices seeme to be frank Seruice consisteth some in seisance some in render Perkins Reseruations 696. Seruice seemeth also to be diuided into continuall otherwise annuall and casuall or accidentall An example of the former is the seisin of rent and of the other seisin of reliefe Sir Ed. Cookes reports lib. 4. Bevils case fol. 9. a. See Copy hould See Socage see Ayde Seruice secular anno 1. Ed. 4 ca. 1. which may be contrary to spirituall viz. the seruice diuine commaunded to spirituall men by their founders Servitours of bils seeme to be such seruāts or messengers of the marishall belonging to the kings bench as were sent abroad with bils or writs to summon men to that court being now more ordinarily called Tip. stafs Servitiis acquietandis is a writ Iudiciall that lieth for one distreined for seruices by Iohn which oweth and performeth to Robert for the acquitall of such seruices Register Iudicial fol. 27. a. 36. b. Sessions Sessiones signifieth in our common lawe a sitting of Iustices in court vpon their commission as the sessions of oyer and terminer pl. cor fol. 67. Quarter sessions otherwise called generall sessions anno 5. Elizab. cap. 4. or open sessions ibidem Opposite wherevnto are especiall otherwise called priuie sessions which are procured vpon some speciall occasion for the more speedie expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in generall sessions see Cromptons Iustice of peace fol. 109. Petit sessions or statute sessions are kept by the high Constable of euery Hundred for the placing of seruants anno 5. Eli. cap. quart in fine Sessour anno 25. Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of wages at this day Set clothes anno 27. Henric. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and diuers kinds whereof you haue in Gerards herball lib. 2. cap. 424. The roote of this is mentioned among drugs to be garbled anno 1. Ia. cap. 19. Seuerance is the singling of two or more that ioyne in one writ or are ioyned in one writ For example if two ioyne in a writ de libertate probanda and the one afterward be non-suite here seuerance is permitted so that notwithstanding the non-suite of the one the other may seuerally proceede Fitzh nat br fol. 78. I. K. Of this see Brooke titulo severance summons fol. 238. For it is harder to knowe in what cases seuerāce is permitted then what it is There is also seuerāce of the tenents in an Assise when as one or two or more disseisours appeareth vpon the writ and not the other New booke of Entries fo 81. col 4. seuerance in attaints eod fol. 95. col 2. And seuerance in debt verbo debt fol. 220. col 1. see the saide booke verbo Seuerance Severall taile tallium separatum is that whereby land is giuen and entayled seuerally to two For example land is giuen to two men and their wiues and to the heires of their bodies begotten the Donees haue ioynt estate for their two liues and yet they haue seuerall inheritance because the issue of the one shall haue his moyety and the issue of the other the other moyetie Kitchin ibidem Severall tenancie tenura separalis is a plee or exception taken to a writ that is laide against two as ioynt which are seuerall Brooke titulo Severall tenancie fol. 237. Sewantly wouen an 35. El. c. 10. Sewar hath two significations with vs one applied to him that issueth or commeth in before the meate of the King or other great personage and placeth it vpon the table the other to such passages or gutters as carie water into the sea or riuer in lawyers Latine called Sewera an 6. H. 6. c. 5. which is also vsed in common speach for commissioners authorised vnder the broad seale to see draines and ditches well kept and maintained in the marish and fenne countries for the better conueyance of the water into the sea and the preseruing of the grasse for feede of catell stat anno 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 giue issue or passage to the water c. And the latine word suera sometime vsed in these commissions for these draines is a competent reason of this coniecture see Eitzh nat br in oyer and terminer Yet I finde in an old French booke conteining the officers of the King of Englands court as it was aunciently gouerned that he whom in court we now call Sewer was called Asseour which may seeme to come from the French Asseour wherein his office in setting downe the meat vpon the table is well expressed And Sewer as it signifieth an officer is by Fleta latined Assessor li. 2. ca. 15. All which argueth that the descent of

signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce ●tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br 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 freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actiō opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and

a man vpon breach of a statute to be resembled in mine opinion to any action giuen in the lawe imperiall either vpon edictum praetoris plebiscitum or senatusconsultum For as the Pretour so the common people in comitijs tributis the Senatours or nobility in curia vel senatu had power to make lawes wherevpon the Pretour or other Iudges permitted action And euen so our high court of Parlament maketh Statutes against such offēces as are either newly grown or more and more increased and our Iudges intertaine their plees that commence actions against the breakers of them Action is perpetuall or temporall perpetua vel temporalis and that is called perpetuall the force whereof is by no time determined Of which sort were all ciuill actions among the auncient Romaines viz. such as grew from lawes decrees of the Senate or constitutions of the Emperors whereas actions granted by the Pretor died within the yeare de perpet tempor actio in Institut So we haue in England perpetuall and temporarie actions and I thinke all may be called perpetuall that are not expresly limited As diuers Statutes giue actions so they be pursued within the time by them prescribed namely the Statute anno 1. Ed. 6. cap. 1. giueth action for 3. yeares after the offences therein shall be committed and no longer and the Statute anno 7. H. 8. cap. 3. doth the like for foure yeares and that anno 31. Eliz. cap. 5. for one yeare no more But as by the ciuill lawe no actions were at the last so perpetual but that by time they might be prescribed against as actiones in rem decem aut viginti terminantur annis personales verò triginta § 1. de perpet temp actio in Institutio l. 3. Co. de praescript 30. annorum so in our common law though actions may be called perpetual in comparison of those that be expressely limited by statute yet is there a means to prescribe against reall actions within fiue yeares by a fine leuied or a recouerie acknowledged as you may see farther in the word Fine and Recouerie And for this also looke Limitation of assise Action is farther diuided in actionem bona fidei stricti iuris Which diuision hath good vse in our common lawe likewise though the tearmes I find not in any of their writers But of this and such like diuisions because they haue as yet no apparent acceptance amongst our Lawyers but onely a hidden vse I referre the reader to the Ciuilians and namely to Wesenb in his Paratitles Π. De obligatio actio Addition additio is both the English and French word made of the Latine and signifieth in our common law a title giuen to a man ouer and aboue his Christian and surname shewing his estate degree occupation trade age place of dwelling c. For the vse wherof in originall writs of actions personale appeales and indictments it is prouided by Statute anno 1. H. 5. cap. 5. vpō the penaltie therein expressed Tearmes of the lawe Broke farder addeth that it is likewise requisite in townes and gates of townes parishes in great townes and cities where there may be any doubt by reason of more townes gates or parishes of the same name titulo Addition See also M. Cromptons Iustice of peace fol. 95. 96. Adeling was a word of honor among the Angles properly apertaining to the Kings children whereupon king Edward being himselfe without issue and intending to make Eadgare to whome he was great Vnkle by the mothers side his heire to this kingdome called him Adeling Roger Houedine parte poster suorum Annal. fol. 347. a. Adiournment adiurnamentum is almost all one with the French adiounrement i. denunciatio vel diei dictio and signifieth in our commō law an assignement of a day or a putting off vntill another day Adiournment in eyre anno 25. Ed. 3. Statute of pourveyers cap. 18. is an appointment of a day when the Iustices in eire meane to sit againe Adiourn anno 2. Edw. 3. cap. 11. hath the like signification And this whole title in Broke his abridgement proueth the same The bastard Latine word adiurnamentum is vsed also among the Burgundians as M. Skene noteth in his booke De verbo signi verbo Adiurnatus out of Chassaneus de consuet Burg. Ad inquirendum is a writ iudiciall commanding inquirie to be made of any thing touching a cause depending in the Kings court for the better execution of iustice as of bastardie of bondmen and such like whereof see great diuersitie in the Table of the Register iudiciall verbo Ad inquirendum Admeasurement admensuratio is a writ which lyeth for the bringing of those to a mediocritie that vsurpe more then their part And it lyeth in two cases one is tearmed admeasurement of dower admensuratio dotis where the widow of the deceased holdeth from the heire or his guardian more in the name of her dower then of right belongeth vnto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is admeasurement of pasture admensuratio pasturae which lieth betweene those that haue common of pasture appendant to their free-hold or common by vicenage in case any one of them or more doe surcharge the common with more cattell then they ought Register orig fol. 156. b. Fitzh nat br fol. 125. Administer administrator in our common law is properly taken for him that hath the goods of a man dying intestate committed to his charge 〈…〉 y the ordinary is accountable for the same whensoeuer it shall please the ordinarie to call him thereunto I finde not this word soe vsed in all the civile or canon lawe but more generally for those that haue the gouernment of any thing as the Decrees can 23. quaest 5. c. 26. Administratores plane saecularium dignitatum c. and extrava com ca. 11. Grangias autem alia loca Cisterciensium ordinis aliorum Regalium in quibus Gubernatores seu custodes vel administratores ponuntur c. Howsoeuer the signification of this word grew to be restrained amongst vs it greatly booteth not But there was a statute made anno 31. Ed. 3. ca. 11. whereby power was giuen to the ordinarie to appointe these administratours and to authorize them as fully as executors to gather vp and to dispose the goods of the deceased alway provided that they should be accountable for the same as executors And before that viz. Westm 2. anno 13. Ed. 1. ca. 19. it was ordeined that the goods of those that died intestate should be committed to the ordinarie his disposition and that the ordinarie should be bound to answer his debts so far forth as the goods would extēd as executors And I perswade myselfe that the committing of this burden vnto Bishops to those that deriue ecclesiasticall authoritie from them grew first from the constitution of Leo the Emperour Co. de Episco cleri l. nulli licere 28. Where it is saide that if a man dying

of pasture turbarie and piscary to be things corporal looke Common Apporcu●●ent Apportion 〈…〉 tū is a dividing of a rent into parts according as the land whence the whole rent issueth is divided among two or more See the new termes of lawe Apprentice Apprenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with vs one that is bound by couenant in word or writing to serue another man of trade for certaine yeares vpon condition that the artificer or man of trade shall in the meane time endeavour to instruct him in his art or misterie S. Thomas Smith in his booke de rep Ang. li. 3. ca. 8. saith that they are a kinde of bond men differing onely in that they be seruants by couenant and for a time Of these you may reade divers statutes made by the wisedome of our realme which I thinke superfluous heere to mention Appropriation appropriatio proceedeth from the French approprior i. apeare acc 〈…〉 re and properly signifieth in the lawe of England a severing of a benefice ecclesiasticall which originally and in nature is iuris diuini in p 〈…〉 nullius to the proper and perpetuall vse of some Religious house or Deane c. and Chapter Bishop rick or Colledge And the reason of the name I take to be this because that whereas persons ordinarily be not accounted domini but vsufructuarij hauing no right of fee simple Littleton titulo Discontinuance these by reason of their perpetuitie are accounted owners of the fee simple and therefore are called proprietarij And before the time of Richard the second it was lawfull as it seemeeth simply at the least by mans lawe to appropriate the whole fruites of a benefice to an abbey or priory they finding one to serue the cure But that King made so euill a thing more tolerable by a lawe whereby he ordeined that in euery licence of appropriation made in chauncerie it should expresly be contained that the diocesan of the place should prouide a conuenient summe of money yearely to be paide out of the fruites toward the sustenance of the poore in that parish and that the Vicar should be well and sufficiently endowed anno 15. Rich. 2. ca. 6. Touching the first institution other things worth the learning about appropriations reade Plowden in Grendons case fo 496. b. seqq as also the new termes of lawe verbo Appropriation To an appropriation after the licence obteined of the King in chauncerle the consent of the Diocesan Patron and incumbent are necessarie if the Church be full but if the Church be voide the Diocesan and the Patron vpon the Kings licence may conclude it Plowden vbi supra To dissolue an appropriation it is enough to present a Clerke to the Bishop For that once done the benefice returneth to the former nature Fitzh nat br fo 35. 〈◊〉 Approvour approbator commeth of the French approuver i. approbare comprobare calculum albo adijcere It signifieth in our common law one that cōfessing felony of him self appealeth or accuseth another one or more to be guilty of the same he is called so because he must prooue that which he hath alleadged in his appeale Stawnf pl. cor fo 142. And that proofe is by battell or by the countrey at his election that appealed The forme of this accusation you may in part gather by M. Cromptons Iustice of peace fo 250. 251. that it is done before the coroner either assigned vnto the selon by the court to take and record what he saith or els called by the felon himselfe and required for the good of the Prince common wealth to record that which he saith c. The oath of the approuer when he beginneth the combate see also in Crompton in the very last page of his booke as also the proclamation by the Herald Of the antiquity of this law you may reade something in Horns myrror of Iustices l. 1. in fine cap. del office del coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approuers of the king Appruatores regis be such as haue the setting of the kings demeasne● in smal Manors to the kings best aduantage anno 51. H. 3. stat 5. See Approue Approue appruare commeth of the French approuer i. approbare comprobare calculum albo adiicere it signifieth in the common lawe to augment or as it were to examine to the vttermost For example to approue land is to make the best benefite thereof by increasing the rent c. So is the Substantiue approuement vsed in Cromptons iurisd fol. 153. for the profits them selues So is it likewise in the statute of Merton cap. 4. anno 2. H. 3 land newly approued Old nat br fol. 79. So the Sheriffes called themselues the kings approuers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approuers But anno 2. Ed. 3. cap. 12. Approuers be certaine men especially sent into seuerall counties of the Realme to increase the Fermes of hundreds and wapentakes which formerly were set at a certaine rate to the Sheriffes who likewise dimised them to others the countie Court excepted Approuement appruamentum see Approue See the Register iudiciall fol. 8. br 9. a. See the new tearmes of lawe verbo Approuement Arbitratour arbiter may be taken to proceede from either the Latine arbitrator or the French arbitre it signifieth an extraordinarie iudge in one or moe causes betweene party and partie chosen by their mutuall consents West parte 2. Symb. titulo Compromise Sect. 21. who likewise diuideth arbitrement into generall that is including all actions quarels executions and demands and special which is of one or moe matters facts or things specified eodem sect 2. 3. 4. T 〈…〉 vilians make a difference betweene arbitrum arbitratorem l. 76. Π. pro socio For though they both ground their power vpon the compromise of the parties yet their libertie is diuers For arbiter is tyed to proceede and iudge according to lawe with equitie mingled arbitrator is permitted wholy to his owne discretion without solemnitie of processe or course of iudgement to heare or determine the controuersie committed vnto him so it be iuxta arbitrium boniviri Arches court Curia de arcubus is the chiefe and auncientest Cōsistorie that belongeth to the Archbishop of Canterburie for the debating of spiritual causes and is so called of the Church in London dedicated to the blessed Virgin commonly called Bow church where it is kept And the Church is called Bow church of the fashion of the Steeple or clocher thereof whose toppe is raised of stone pillars builded arch-wise like so many bent bowes The Iudge of this Court is

termed the Deane of the Arches or the officiall of the Arches court Deane of the Arches because with this officialtie is commonly ioyned a peculiar iurisdiction of thirteene parishes in London tearmed a Deantie being exempted from the authoritie of the Bishop of London and belonging to the Archbishop of Canterburie of which the parish of Bow is one the chiefe because the Court is there kept Some others say that he was first called Deane of the arches because the officiall to the Archbishop being many times employed abroad in ambassages for the king and realme the Deane of the Arches was his substitute in his court and by that meanes the names became confounded The iurisdiction of this Iudge is ordinarie and extendeth it selfe through the whole Prouince of Canterburie So that vpon any appeale made he foorthwith and without any farder examinatiō of the cause sendeth out his citation to the party appealed and his inhibition to the Iudge from whome the appeale is made Of this he that will may reade more in the booke intituled De antiquitate Eccelesiae Britānicaehistoria Arma moluta seeme to be sharpe weapons that doe cut not blunt that doe onely breake or bruise Bracton li. 3. tract 2. ca. 23. Stawnf pl. cor fo 78. 79. whereof Bracton hath these words arma moluta plagam faciunt sicut gladius bisacuta huiusmodi ligna verò lapides brusuras 〈…〉 bes ictus qui iudicari non possunt ad plagam ad hoc vt inde veniri possit ad duellum Armour arma in the vnderstanding of our common lawe is extended to any thing that a man in his anger or furie taketh into his hand to cast at or strike another Cromptons Iustice of peace fo 65. a. So armorum appellatio non vtique scuta gladios galeas significat sed fustes lapides l. 42. Π. de verbo significatione Array arraia aliàs arraiamentum commeth of the French array i. ordo which is an old word out of vse or it may be well deduced from raye i. linea It signifieth in our commō lawe the ranking or setting forth of a iurie or enquest of men impaneled vpō a cause a. 18. H. 6 c. 14. Thence is the verb to array a panel owld nat br fo 157. that is to set forth one by another the men empaneled The array shal be quashed owld nat br fo 157. By statute every array in assise ought to be made foure daies before Broke titulo Panel nu 10. to chalenge the array Kitchin fo 92. Arreyers seemeth to be vsed in the statut anno 12. Rich. 2. ca. 6. for such officers as had care of the souldiers armour to see them duly appointed in ther kindes Arraine arraniare commeth of the French arranger i. astituere ordinare that is to set a thing in order or in his place and the same signification it hath in our common law For example he is saide to arraine a writ of novel disseisin in a countie that fitteth it for triall before the Iustices of that circuit owld nat br fo 109. Litleton fo 78. vseth the same word in the same sence viz. the lease arraineth an assise of nouel disseisin Also a prisoner is said to be arrained where he is indighted and brought forth to his triall Arrained within the verge vpon murder Stawnf pl. cor fo 150. The course of this arrainment you may read in S. Thomas Smith de repub Anglo li. 2. ca. 23. Arrearages arreragia commeth of the French arrierages 1. reliqua It signifieth the remaine of an account or a summe of mony remaining in the hands of an accoūtant It is vsed sometime more generally for any mony vnpaide at the due time as arrearages of rent That this word is borowed from France it appeareth by Tiraquel de vtroque retractu tomo 3. pa. 32. nu 10. Arrest arestum commeth of the French arrester i. retinere retare subsistere or rather it is a French word in it selfe signifying a setling stop or stay and is metaphorically vsed for a decree or determinatiō of a cause debated or disputed to and fro as arrest du Senat. i. placitum curiae In our comon law it is taken most of all for a stay or stoppe as a man apprehended for debt c. is said to be arrested To pleade in arrest of iudgment is to shew cause why iudgment should be stayed though the verdict of the 12. be passed To plead in arrest of taking the enquest vpon the former issue is to shew cause why an enquest should not be taken c. Broke tit Repleder Take this of learned M. Lambard in his eirenarch li. 2. ca. 2. pa. 94. Budae saith he in his greeke commentaries is of opinion that the French word arrest which with them signifieth a decree or iudgment of court tooke beginning of the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. placitum and as we might say the pleasure and will of a court And albeit it were not out of the way to think that it is called an arrest because it stayeth or arresteth the partie yet I beleeue rather that we receiued the same from the Normane lawes because we vse it in the same sence with thē For commonly with vs au arrest is taken for the execution of the commaundement of some court or of some officer in iustice But howsoeuer the name began an arrest is a certaine restraint of a mans person depriuing him of his owne will and libertie and binding it to become obedient to the will of the lawe And it may be called the beginning of imprisonment Precepts writs of the higher courts of lawe do vse to expresse it by two sundry words as capias and attachies which signifie to take or catch hold of a man But this our precept noteth it by the words duci facias that is cause him to be conueyed c. For that the officer hath after a sort taken him before in that he commeth vnto him and requireth him to go to some Iustice of the peace Thus farre M. Lamberd And by like this word is spred farder then France For Gaile a Germaine writer sheweth by his Tractate de arrestis imperii that it is vsed also in the imperiall territories in the same significatiō c. 1. n. 1. Arrestandis bonis ne dissipentur is a writ which lyeth for him whose catell or goods are taken by another that during the controuersie doth or is like to make them away and will be hardly able to make satisfaction for thē afterward Reg. orig fol. 126. b. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. is a writ that lieth for the apprehension of him that hath taken prest money towards the kings warres and lieth hidden when he should goe Register orig 24. b. Arresto facto super bonis mercatorum alienigenorum c. is a writ that lyeth for a denizen against the goods of strangers

into a booke after a survey made of them now remaining in the exchequer and called Domes day looke And those which by that booke doe appeare to haue belonged to the crowne at that time and at 〈◊〉 conteined vnder the title Terrae regis be called aunciēt demeasn Kitchin fo 98. and M. Gwin in the preface to his readings Of these tenents there were two sorts one that held their land frankely by charter and another that held by copy of court rolle or by verge at the will of the Lord according to the custome of the maner Fitzh nat br fo 14. d. of which opinion also Brittonis ca. 66. nu 8. The benefite of this tenure consisteth in these points first the tenents of a manner holding freely by charter in this sort cannot be impleaded out of the same maner and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for al things concerning their sustenāce husbādry Thirdly they may not be ēpaneled vpō any ēquest Terms of the law but more at large by Fitzh nat br fo 14. d. whome reade as also fo 128. a. c. And as it appeareth by him eodem fo 4. B. C. these tenents held by the service of plowing the kings land by plashing his hedges or by suche like toward the maintenance of the kings household in which regard they had such liberties giuen them wherin to avoide disturbance they may haue writs to such as take the duties of tolle in any market or feire as likewise for immunitye of portage passage such like Fitzh nat br f. 228. A. B. C. D. by which author it also appeareth that no lands be to be accompted auncient demeasn but such as are holden in socage fo 13. D. et 14. B. C. See Monstraverunt and Firtzh fo 14. and Dessendo quietum de telonio fo 226. Fleta maketh three tenures holding of the crowne auncient demeasn by escheate by purchase li. 1. ca. 20. See Demaine Auncient Demesn arere antiquum dominicum àretro is that aūcient demesn which the king graunteth ouer to hold of a maner Kitchin fo 67. b. Avowè advocatus see Advowè Britton saith that Avowè is he to whome the right of advowzen of any Church appertaineth so that he may present thereunto in his owne name and is called avowè for a difference from those that sometime present in another mans name as a gardiā that presenteth in the name of his warde and for a difference also from them which haue the lands whereunto an advowzen appertaineth but onely for tearme of their liues or of yeares or by intrusion or desseisin ca. 92. Avowrie See Advowrie Avoir de pois is in true French avoir du poix i. habere pondus aut iusti esse ponderis It signifieth in our common lawe two things first a kinde of weight divers from that which is called Troy weight conteining but 12. ounces to the pound where as this conteineth sixteene And in this respect it may be probably coniectured that it is so called because it is of more weight then the other Then also it signifieth such merchandize as are waied by this weight and not by Troy weight as in the statute of York anno 9. Ed. 3. in prooem anno 27. Ed. 3. Statuto 2 ca. 10. at anno 2 Rich. 2. cap. 1. See Weights Auxilium ad filium militem faciendum filiam maritandam is a writ directed to the Shyreeue of euery countie where the king or other lord hath any tenents to leuye of them reasonable ayde toward the knighting of his son and the mariage of his daughter See Ayde and Fitz. nat br fol. 82. B BAcheler Bachalaureus cōmeth of the French Bachalier i. tyro and thereupon I thinke those that be called Bachelers of the Companies in London be such of each company as be springing toward the estate of those that be imployed in Coūcel but as yet are inferiors For euery cōpany of the twelue consisteth of a Master two Wardens the Liuerie which are assistants in matter of Councell or at the least such as the Assistants be chosen out of and the Bachelers which are yet but in expectance of dignitie among them and haue their function onely in attendance vpon the Master and Wardens I haue read in an old monument this word Bacheler attributed to the Lord Admirall of England if he be vnder a Baron in French words to this effect and it is to weet that when the Admirall rideth to assemble a snippe of warre or other for the businesse and affaires of the Realme if he be a Bacheler he shall take for his day wages 4. 〈◊〉 sterling if he be an Earle or Baron he shall take wages after the rate of his estate and degree This word is vsed anno 13. R. 2. stat 2. cap. i. signifieth as much as Bacheler Knight doth anno 3. Ed. 4. cap. 5. that is a simple Knight not a Knight baneret See Banaret Touching the farder etymologie of this word Bachalarii teste Renano à bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur iam consecuti fuissent Vt fuerit velut quoddam mancipationis signum in huiusmodi aliquod studium baculi traditio Alciat writeth the word baccalaurei eosque dicit visos à bacca laurea nomen sumpsisse in l. cui praecipua 57. Π. de verbo significa Backberond is a Saxon word and almost English at this day signifying as much as bearing vpon the backe or about a man Bracton vseth it for a signe or circumstance of manifest theft which the Civilians call furtum manifestum For dividing furtum in manifestum non manifestum he defineth furtum manifestum in this sort Furtum verò manifestū est vbi latro deprehensus est seisitus de aliquo latrocinio sc hand habend backberend insecutus fuerit per aliquem cuius res illa fuerit li. 3 tract 2. cap. 32. Master Manwood in the second part of his forest lawes noteth it for one of the 4. circumstances or cases wherein a Forester may arrest the bodie of an offender against vert or venison in the Forest For by the assise of the Forest of Lancaster saith he taken with the maner is when one is found in the kings Forest in any of these foure degrees sc stable stand dogge drawe backe beare and bloudie hand In which place you may find all these interpreted Badger cōmeth of the French bagage i. sarcina impedimentū It signifieth with vs one that buyeth corne or victuals in one place and carieth it into another See Cromptons Iustice of peace fol. 69. 70. Baye or penne is a pond head made vp of a great heith to keep in a great quantitie or store of water so that the wheeles of the fornace or hammer belonging to an Iron mill may stand vnder them and be driuen by the

water comming out of them by a passage or flud-gate called the penstocke and falling vpon the said wheeles This word is mentioned in the statute anno 27. El. cap. 19. Bayle Ballium plevina manucaptio commeth of the French bailler i. attribuere tradere tribuere It is vsed in our common lawe properly for the freeing or setting at liberty of one arrested or imprisoned vpon action either civill or criminall vnder suretie taken for his apparence at a day and place certainely assigned Bracton lib. 3. tract 2. cap. 8. num 8. 9. The reason why it is called Bayle is because by this meanes the party restrained is deliuered into the hands of those that bind themselues for his forth-comming There is both common and speciall baile Cōmon baile is in actions of small preiudice or flight proofe being called common because any sureties in that case are taken whereas vpon causes of greater weight or apparent specialtie speciall baile or suretie must bee taken as subsidie men at the least and they according to the value Master Manwood in his first part of Forest lawes pag. 167 maketh a great difference betweene bayle and mainprise in these words and note that there is a great diuersitie betweene bayle and mainprise For he that is mainprised is alwaies said to be at large and to go at his own libertie out of ward after that he is let to mainprise vntill the day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle by foure or two men by the Lord chiefe Iustice in eyre of the Forest vntill a certaine day For there he is alwaies accompted by the lawe to be in their ward and custodie for the time And they may if they wil keepe him in ward or in prison at that time or otherwise at their will So that he which is so bailed shall not be said by the lawe to be at large or at his owne libertie See Lamberds eirenarcha lib. 3. cap. 2. pag. 330. Bayle is also a certaine limit within the forest accordingly as the Forest is diuided into the charges of seuerall Foresters Crompton in the oath of the bow-bearer fol. 201. See Maynprise Baylife ballivus commeth of the French bailif i. diaecetes nomarcha praefectus Prouinciae and as the name so the office it selfe in auncient time was very aunswerable to that of Fraunce and Normandie for as in France there be sixteene Parlaments Lupanus de Magistratibus Francorum lib. 2. cap. Parlamentum which be high courts whence lyeth no appeale within the preeincts of those seuerall parts of that kingdome that belong to each Parlament there be seueral prouinces vnto which within themselues iustice is ministred by certaine officers called bayliffes so in England we see many seuerall counties or shires within the which iustice hath bene ministred to the inhabitants of each countie by the officer whome we now call Shyreeue or Vicount one name descending frō the Saxons the other from the Normans And though I cannot expressely proue that this Shyreeue was euer called a bailiffe yet is it probable that that was one of his names likewise because the countie is called many times balliva that is a Bayliwicke as namely in the returne of a writ with non est inuentus he writeth thus A. S. infra scriptus non est inventus in balliva mea post receptionem huius brevis Kitchin returna brevium fol. 258. and againe in Bracton lib. 3. tract 2. cap. 33. num 3. and anno 5. Eliz cap. 23. and anno 14. Ed. 3. stat 1. cap. 6. And I thinke the word bailife vsed cap. 28. of Magna charta compriseth as well Shyreeues as bailiffes of hundreds as also anno 14. Ed. 3. stat 1. cap. 9. But as the realme is diuided into Counties so euery Countie is againe diuided into hundreds within the which it is manifest that in auncient times the kings subiects had iustice ministred vnto them by the seuerall officers of euery hundred which were called bailiffes as those officers were and are in Fraunce and Normandie being chiefe officers of iustice within euery Prouince Lupanus de Magistratibus Francorum lib. 2. cap. Balivi and the grand custumary of Normandie cap. 1. And that this is true among many others I bring Bracton for my witnes li. 3. tract 2. cap. 34. n. 5. where it appeareth that bailiffes of hundreds might hold plee of appeale and approuers But fithence that time these hundred courts certain franchises excepted are by the statute anno 14. Ed. 3. stat 1. cap. 9. swalowed into the Countie courts as you may reade in countie and hundred And the Bailiffes name office is growne into such contempt at the least these bailiffes of hundreds that they are now but bare messengers and mandataries within their liberties to serue writs and such like base offices their office consisting in 3. points onely which see in Cromptons Iustice of peace fol. 49. a. Yet is the name still in good esteeme some other way For the chiefe Magistrates in diuers townes corporate be called Bailiffes as in Ipsewitch Yarmouth Colchester and such like And againe there be certaine to whom the kings castels be committed which are called Bailifs as the Bailiffe of Dover castell These ordinary bayliffes are of two sorts baylifs errant and baylifs of franchises Baylifes errant ballivi it inerantes be those which the Shyreeue maketh and appointeth to goe hither thither in the countie to serue writs to summon the countie sessions assises and such like Baylifs of franchises ballivi franchesiarum aut libertatum be those that are appointed by euerie lord within his libertie to doe such offices within his precincts as the baylife errant doth at large in the countie Of these read S. Thomas Smith de repub Anglo li. 2. ca. 16. There be also baylifes of the forest Manwood parte 1. pa. 113. There be likewise baylifes of husbandrie belonging to priuate men of great substance who seeme to be so called bycause they dispose of the vnder servants every man to his labour and taske check them for misdoing their buisenes gather the profits of their lord and master and deliuer an accompt for the same at the yeares end or otherwise as it shall be called for The word baylife or balivus is by Rebuffus deriued from Baal i. dominus quia ballivi dominantur suis subditis quasi eorum magistri domini Rebuf in constitut regias de senten executionis art 7. glos 1. The office or dutie of a bayliffe of a maner or household which in aunciēt time seemeth to haue beene all one Fleta well describeth li. 2. ca. 72. 73. This word is also vsed in the canon lawe ca. dilect● de sentent excom in sexto ca. pri de poenis in clement wher the glossographer saith it is a French word signifiing as much as praepositus balia or balivatus is vsed among our later interpreters of

101. Kitchin fo 215. Barre also in the same signification is devided into barre materiall and barre at large Kitchin fo 68. A barre materiall as it seemeth may otherwise be called a barre speciall as when one in the stoppe of the plaintiffes action pleadeth some particular mater as a descent from him that was the vndoubted owner a feofment made by the auncester of the plaintiffe or such like A barre at large is when the tenent or defendant by way of exception doth not traverse the plaintifes title by pleading not guiltie nor confesse and avoid it but onely maketh to himselfe a title in his barre As if in an Assise of novel disseisin the tenent pleade a feosment of a straunger vnto him and giues but a colour onely to the plaintiffe Of this there is an apt example to be found 5. H. 7. fo 29. Barre is also in regarde of the effect diuided into barre perpetuall barre pro tempore Perpetuall is that which overthroweth the actiō for euer Barre pro tempore is that which is good for the present and may faile heereafter looke an example or two in Broke titulo Barre nu 23. where he saith that to plead plene administrauit is good vntill it may appeare that more goods come to the executors hands afterward which also holdeth for an heire that in an action of his auncesters debt pleadeth rien per discēt This word is also vsed for a materiall bar as the place where Se●geants or Coūcelers stand to pleade causes in courte or prisoners to aunswere to their endictments Of which our cōmon lawyers that be lycēced to plead in other contries called licentiati are termed barristers anno 24. H. 8. ca. 24. Barrator barectator commeth from the French barat i. astutia and is neere the French it selfe in significatiō For barateur in that tong betokneth a deceiver and a barator in our common law is a common wrangler that setteth men at ods and is himselfe never quiet but at brawle with one or other To this effect you may read M. Lamberds eirenarcha pa 342. who saith likewise that barettor for so he writeth is may seeme to come from the latine baratro or balatro that is a 〈◊〉 knaue or vnthrift and by a metaphor a spot in a cōmon wealth See the statute of champerty an 33. Ed. 1. stat 2. ca. vnico and West 1. ca. 32. anno 3. Ed. i. M. Skene de verb. signif verbo barratr● saith that barratours be Symonists called of the Italian word barrataria signifying corruption or briberie in a Iudge giuing a false sentence for mony whome you may read more at large as also Hortensius Cavalcanus in his tractat de brachio reg 10. parte 5. nu 66. whose words are Barataria veròdicitur quando Iudex aliquid petit indebitum vt iustitiam faciat Who also nu 195. partis 5. saith thus barraterii appellātur qui praetorium nimis frequentāt And in another place of the same worke Baratria dicitur quia fit quoddam barratrum i. commutatio pecuniae cum iustitia c. See also Aegidius Bossius in practica criminali titulo de officialibus corrupt c. nu 2. 6. Baratariam committunt Iudices qui iusticiā auro vendunt Paris Puteola de syndicatu verbo Barataria pa. 217. Barre fee is a see of 20. 〈◊〉 that every prisoner acquited of felonie payeth to the gaoler Crompt Iustice of peace fo 158. b. Barrell is a measure of wine oyle c. conteining the 8. parte of a tonne the 4. of a pipe and the second of a hogsehead that is 31. gallons and a halfe anno 1. R. 3. ca. 13. But this vessel seemeth not to conteine any certaine quantitie but differeth according to the liquor for a barrell of beere conteineth 36. gallons the Kilderkin 18. and the firkin 9. a barrell of ale 23. gallons the kilderkin 16. and the firkin 8. gallons anno 23. H. 8. ca. 4. Barriers commeth of the French barres and signifieth with vs that which the French men call ieu de barres i. palastrā a martial sport or exercise of mē armed and fighting together with short swords within certain limits or lists whereby they are severed from the beholders Barter may seeme to come of the French barater i. circumv●nire It signifieth in our statutes exchange of wares with wares an 1. R. 3. ca. 9. so bartry the substantiue anno 13. Eliza. ca. 7. The reason may be because they that choppe and change in this maner doe what they can for the most part one to ouer-reach the other See barratour Base estate is in true French basestat It signifieth in our cōmon law that estate which base tenents haue in their lands Base tenents be they as M. Lamberd saith in his explica of Saxōword● verbo Paganus which do to their lords villeinous service The author of the termes of law in his Tractat of old termes saith that to hold in see base is to hold at the will of the lord Kitchin fo 41. seemeth to make base tenure and franck to be contraries where it appeareth that he putteth copy holders in the number of base tenents And out of these I thinke that it may be probably coniectured that everie base tenent holdeth at the will of the lord but yet that there is a difference betweene a base estate and and villenage which Fitzh in his nat br fo 12. B. C. seemeth to cōfound For the aboue named author of the termes of law saith in the place before cited that to hold in pure villenage is to doe all that the lord will commaund him So that if a copie holder haue but base estate he not holding by the performance of everie commandement of his lord cannot be saide to hold in villenage Whether it may be said that copy holders be by custome and continuānce of time growne out of that extreame servitude wherein they were first created I leaue to others of better iudgement but Fith. loco citato saith tenure by copie is a terme but lately invented Base courte is any court that is not of record as the court baron Of this read Kitchin f. 95. 96. c. Base fee See base estate Baselard baslerdus in the statut anno 12. R. 2. ca. 6. signifieth a weapon which M. Speight in his exposition vpon Chancer cal-leth pugimem vol 〈◊〉 Bastard bastardus See Bastardy and See Skeene de verbo siguif verbo Bastardus Bastardy bastardia commeth of the French bastard i. ●othu● Cassanans de consuetis Burg. pa. 1116. saith bastard and silius naturalis be all one Bastardy in our common law signifieth a defect of birth obiected to one begotten out of wedlock Bract. li. 5. ca. 19. per totum How bastardie is to be prooued or to be inquired into if it be pleaded see Rastalls booke of Entrise tit Bastardie fo 104. Kitchin fo 64. maketh mention of bastardie speciall and bastardie generall The difference of which is that bastardie generall is a

and true inquisition make as well of swornemen as vnsworne in euerie bayliwick both in the north bayle and south bayle of this forest and of all maner of trespasses done either to vert or venison I shall truly endeavour my selfe to attach or cause them to be attached in the next court Attachement there to be presented without any concealment had to my knowledge so helpe me God c. Bracton otherwise called Henry of Bracton was a famous lawyer of this land renowmed for his knowledge both in the common and civill lawes as appeareth by his booke every where extant He liued in the daies of Henry the third Stawn praero fo 5. b. and as some say Lord cheife Iustice of England Bread of treate and bread of coket anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broade This word Bracton vseth li. 3. tracta 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there finde word for word it is as we now speake two long and two broad or two in length and two in breadth Breuibus ra 〈…〉 liberandis is a writ or mandat to a Shyreeue to deliuer vnto the newe Shyreeue chosen in his roome the county with the appertenances together with the rols briefes remembrances and all other things belonging to that office Register original fo 295. a. Bribours commeth of the french bribeur i. mendicus It seemeth to signifie with vs one that pilfreth other mens goods anno 28. Ed. 2. stat 1. ca. vnico Brief breve commeth from the French brefou breif i. brevis and in our common lawe signifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the king in writing issuing out of any court whereby he commaundeth any thing to be done for the furtherance of iustile or good order The word is vsed in the ciuile lawe some time in the singular number and masculine gender as l. vlt. Coa de conueniendis fisci debitoribus li. 10. tit 2. you haue these words Inter chartulas confiscati brevis quidam adseueratur invētus qui nomina cōtineba● debitorū Where it is vsed for a short note Again I finde a title restored by Gothofred in the first booke of the Code de quadrimenstruis brevibus Quadrumenstrus autem breves erant qui de singulis indictionum pensionibus quarte quoque mense fo●utis confic●e● antur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorioretulisset c. And in the Authētiques Novel 105. ca. 2. you haue this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Galbofred there noteth Where he noteth likewise out of Zonaras in Garthagin Cōcilio that this is a greeke word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breue Of these breifes see also Bracton li. 5. tract 5. ca. 17. nu 2. Breve quidem cùm sit formatum ad similitudinem regula iuris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula iuris rem quae est breviter charrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the french brigandine that is a coate of maile This is vsed anno 4. 5. Ph. Mar. ca. 2. Brigbote significat quietantiam reparationis pontium Fleta li. 1. ca. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that liued in the daies of K. Edward the first at whose commandemēt by whose authority he writ a learned booke of the lawe of this realme The tenure wherof runneth in the Kings name as if it had beene penned by himselfe answerably to the Institutions which Iustinian assumeth to himselfe though composed by others Stawnf prare fo 6. 21. S. Edward Cooke saith that this Britton writ his booke in the fifte yeare of the said King reigne li. 4. fo 126. a. lib. 6. fo 67. a. M. Guin in the preface to his reading mencioneth that this Iohn Britton was bishop of Hereford Broke commonly called S. Robert Broke was a greate lawyer and lord chiefe Iustice of the cōmon plees in Queene Mar. 〈◊〉 time Cromptons Iustices of peace fo 2● b. he made an abbridgement of the whole lawe a booke of highe accoumpt Broker brocarnis seemeth to come from the French broieur tritor that is a gryneder or breaker into small peaces Because he that is of that trade to deall in maters of mony and marchandise betwene Englishe men and Strangers doth draw the b●rgaine to particulars and the parties to conclusion not forgetting to grinde out somthing to his owne profit Those men be called broggers anno 10. R. 2. ca. i. It may not improbably be said that this word commeth from carder i. cavillari because these kinde of men by their deceitfull 〈…〉 ches and abusing their true made many times inuegle others In Scotland they be called broccary and in their owne idiome blockers or brockers that is mediators or intercessors in any trāsaction paction or contract as in buying or selling or in contractting mariage Skene de verbo signi verbo broccarij He that will know what these brokers were wont ought to be let him read the statut anno 1. Iacobi ca. 21. These in the civile lawe are called proxenetae as also of some licitatores mediatores titulo de proxeneticis in Digestis This kind of dealer is also of the Romanes called pararius Senece li. 2. de benef ca. 22. Caelius Rhideginus libro 6. ca. 32. li 3. cap. 35. Broderers commeth of the French brodeur and that commeth of bordure i. fimbria limbus the edge or hemme of a garmet And that because it is distinguished frō the rest most cōmōly by some conceipted or costly worke he that worketh it is called brodeur in French and broderor or embroderer with vs. Brode halpeny commeth of the three Saxon words bret or bred 〈◊〉 aboord and halve that is for this or that cause cuius rei gratie as the Latinists speake and penning it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market From the which they that are freed by the Kings Charter had this word mentioned in there leters patents In so much as at this day the freedome it selfe for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatio It signifieth with vs a tribute contribution or ayde toward the mending or reedifiing of bridges whereof many are freed by the kings charter And thereupon the word is vsed for the very libertie or exemptiō from this tribute

See Pontage Brigbote Bull bulla seemeth to come from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consilium as Polidorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the leters by the Canonists called Apostolique strengthened with a leaden seale and containing in them the decrees or commandements of the Pope or bishop of Rome The word is vsed many times in our Statutes as anno 28. H. 8. cap. 16. anno 1. 2. Ph. Ma. ca. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with vs gold or siluer in the masse or billet anno 9. Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whether such gold in the lumpe is brought to be tryed or exchanged anno 27. Ed. 3. stat 2. cap. 14. anno 4. H. 4. cap. 10. See Skene de verbo signif verbo Bullion Burghote commeth of burg i. castellum and bote i. compensatio and signifieth a tribute or contribution toward the building or repairing of castels or walles of defence or toward the building of a borow or city Frō this diuers had exemption by the auncient charters of the Saxon kings Whereupon it is taken ordinarily for the exemption or libertie it selfe Rastals expos of words Fleta hath these words of it Significat quiet antiam reparationis murorum civitatis vel burgi li. 1. cap. 47. Burgh English See Borow English Burgage burgagium is a tenure proper to cities townes whereby men of cities or borowes hold their lands or tenements of the King or other Lord for a certaine yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. nu 6. Burglarie burglaria is compounded of two French words bourg i. pagus villa and larecin i. furtum or of bourg laron Coke lib. 4. fol. 39. b. It is according to the acceptance of our common lawe thus defined Burglarie is a felonious entring into another mans dwelling house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steale somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offender be to steale this is like robberie if to murder it differeth not much from murder and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the naturall signification of the word is nothing but the robbing of a house but as it is vox artis our common Lawyers restraine it to robbing a house by night or breaking in with an intent to robbe or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Iustice of peace fol. 28. b. fol. 29. 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings butler by vertue of his office may take of euery shippe anno 1. H. 8. cap. 5. For the which see more in Botyler C CAblish cablicin among the writers of the Forest lawes signifieth brush wood Manwood parte pag. 84. Cromptons Iurisd fol. 165. Calamus is a cane reed or quill the diuers kinds wherof you haue set downe in Gerards Herball lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1. Iacobi cap. 19. Calendrin of Worsseds anno 5. H. 8. cap. 4. anno 35. eiusdem cap. 5. Cantred is as much in Wales as an hundred in England For Cantre in the British tongue signifieth centum This word is vsed anno 28. H. 8. cap. 3. Cape is a writ iudiciall touching plee of land or tenements so tearmed as most writs be of that word in it selfe which carieth the especiallest intention or end thereof And this writ is diuided in Cape magnum Cape parvum both which as is before said in Attachment take hold of things immoueable and seeme to differ betweene themselues in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the tenent to aunswer to the default and ouer to the demaundant Cape parvum summoneth the tenent to aunswer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161. 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a iudiciall and lyeth where a man hath brought a Praecipe quod reddat of a thing that toucheth plee of land and the tenent make default at the day to him giuen in the writ originall then this writ shall goe for the king to take the land into the kings hands and if he come not at the day giuen him by the grand Cape he hath lost his land c. A president and forme of this writ you may see in the Register iudiciall fol. 1. b. It seemeth after a fort to containe in it the effect unssionis in possessionem ex primo secundo decrete among the Civilians For as the first decree seiseth the thing and the second giueth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the partie a farder day of appearance at which if he come not in the land is forfeited Yet is there difference betweene these two courses of the ciuill and cōmon lawe first for that missio in possessionem toucheth both moueable and immoueable goods whereas the cape is extended only to immoueable secondly that the partie being satisfied of his demaund the remanet is restored to him that defaulted but by the cape all is seised without restitution thirdly missio in possess is to the vse of the partie agent the cape is to the vse of the king Of this writ and the explication of the true force and effect thereof reade Bracton lib. 5. tract 3. cap. 1. num 4. 5. 6. See Cape ad valentiam Cape parvum in the Old na br fol. 162. is thus defined This writ lyeth in case where the tenent is summoned in plee of land and commeth at the summons and his appearance is of record and after he maketh default at the day that is giuen to him then shall goe this writ for the king c. Of this likewise you haue the form in the Register iudiciall fol. 2. a. Why it is called cape parvum see in cape magnum Of both these writs reade Fleta lib. 6. cap. 44. 〈◊〉 Magnum seqq Cape ad Valentiam is a species of cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161. 162. it is thus defined or described This writ lyeth where any

or reall Personall may be so called in two respects one because they belong immediatly to the person of a man as a bowe horse c. the other for that being any way withheld iniuriously from vs we haue no meanes to recouer them but by personall action Chatels reall be such as either appertain not immediatly to the person but to some other thing by way of dependencie as a boxe with charters of land the body of a ward apples vpon a tree or a tree it selfe growing on the ground Cromptons Iustice of peace fo 33. B or els such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearme of yeares Also to hould at will is a chatell reall New tearmes verbo Chatell The ciuilians comprehend these things as also lands of what kin de or hould so euer vnder bona bona autē diuiduntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208 〈◊〉 de verb. significa interpretes ibidem Bract. also ca. 3. li. 3. nu 3. 4. seemeth to be of the same iudgement Catallis captis nomine districtionis is a writ which lyeth within a borowe or within a house for rent going out of the same and warranteth a man to take the doores windowes or gates by way of distresse for the rent Old nat br fo 66. Catallis reddendis is a writ which lyeth where goods being deliuered to any man to keepe vntill a certaine day and be not vpon demande deliuered at the day And it may be otherwise called a writ of detinew See more of it in the Register orig fo 139. and in the ould nat br fo 63. This is answerable to actio depositi in the ciuile lawe Catchepolle though it now be vsed as a word of contempt yet in auncient times it seemeth to haue bene vsed without reproch for such as we now call sergeants of the mace or any other that vse to arrest men vpon any cause anno 25. Ed. 3. stat 4. ca. 2. Cathedrall See church Casu matrimonii praelocuti is a writ which lyeth in case where a woman giueth lands to a man in fee simple to the intent he shall mary her and refuseth so to doe in reasonable time being required thereunto by the woman The forme and farder vse hereof learne in the Register orig fol. 233. and in Fitzh nat br fo 205. Causam nobis significes is a writ which lyeth to a Mayer of a towne or city c. that formerly by the kings writ being commaunded to giue seisin vnto the kings grantee of any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke li. 4. casu communalty des Sadlers fo 55 b. Cautione admittenda is a writ that lyeth against the Bishop houlding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy church from thence forth The forme and farder effect whereof take out of the Regist orig pa. 66. and Fitzh nat br fol. 63. Century centuria See Hundred Cepi corpus is a returne made by the Shyreue that vpō an exigēd he hath taken the bodie of the partie Fitzh nat br fo 26. Certiorari is a writ issuing out the chauncerie to an inferiour courte to call vp the records of a cause therein depending that conscionable iustice therein may be ministred vpon complaint made by bill that the partie which seeketh the said writ hath receiued hard dealing in the said court Termes of the lawe See the diuers formes and vses of this in Fitzh nat br fo 242. as also the Register both originall and iudiciall in the tables verbo Certiorari Cromptō in his Iustice of peace fo 117. saith that this writ is either returnable in the Kings bench and then hath these wordes nobis mittatis or in the chauncerie and then hath in cancellaria nostra or in the common bench and then hath Iusticiariis nostris de banco The word certiorare is vsed diuers times in the digest of the ciuile lawe but our later Kritiques think it soe barbarouse that they suspect it rather to be foisted in by Tribonian thē to be originally vsed by those men of whose workes the saide digest is compiled Prataeus in suo lexico Certificat certificatoriū is vsed for a wirting made in any courte to giue notice to another courte of any thing done therein As for example a certificate of the cause of attainte is a transcript made briefely and in few words by the clerke of the Crowne clerke of the peace or clerke of assise to the courte of the Kings benche conteying the tenure and effect of everie endictment outlawrie or conviction and clerke attained made or pronounced in any other court an 34. H. 8. c. 14. Of this see more in Certificat d'evesque Broke f. 119. Certification of assise of novel dissessin c. Certificatio assisae novae disseisinae c. is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices and is called certificatione novae disseisine Old nat br fo 181. Of this see also the Register Original fo 200. and the newe booke of entrise verbo Certificat of assise This word hath vse where a man appearing by his bayliffe to an assise brought by another hath lost the day and hauing something more to pleade for himselfe as a deede of release c. which the bayliffe did not or might not pleade for him desireth a farder examination of the cause either before the same Iustices or others and obteineth leters patents vnto them to that effect The forme of these leters patents you may see in Fitzh nat br fo 181. and that done bringeth a writ to the Shyreeue to call both the party for whome the assise passed and the Iurie that was empaneled vpon the same before the said Iustices at a certaine day and place And it is called a certificate because in it there is mention made to the Shyreeue that vpon the parties complainte of the defectiue examination or doubts yet remaining vpon the assise passed the King hath directed his leters patēts to the Iustices for the beter certifiing of themselues whether all points of the said assise were duly examined yea or not See farder old nat br and Fitzh vbi supra Of this also you may reade Bracton li. 4. ca. 19. nu 4. in fine 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices li. 3. ea finali § en eyde des memoyres c. Certificando de recognitions Stapulae is a writte directed to the Mayor of the staple c. cōmaunding him to certifie the chaunceler of a statute of the staple taken before him betweene such and such in case where

Sancti Martini tēpore tam Britonum quàm Anglorum contribuerunt Plures tamen magnates post Romanorum adventum illam contributionem secundum veterem legem Moysi nomine primitiarum dabant prout in brevi regis Knuti ad summum Pontificem transmisso continetur in quo illam contributionem chirchsed appellant quasi semen Ecclesiae Cinamom cinamomum is a tree whereof the barke is knowne to be a pleasant comfortable and medicinall spice which you haue described in Gerards Herball lib. 3 cap. 142. This is reckoned among garbleable spices an 1. Iac. cap. 19. Cinque portes quinque portus be those speciall hauens that lye toward Fraunce and therfore haue bene thought by our kings from time to time to be such as ought most vigilantly to be obserued against invasion In which respect the places where they be haue an especiall gouernor or keeper called by his office Lord Warden of the Cinque ports and divers priuiledges graunted vnto them as a particular iurisdiction their Warden hauing the authoritie of an Admirall among them and sending out writs in his owne name Crompton in his Iurisdictions fol. 28. nameth the Cinque ports Douer Sandwich Rye Hastings Winchelsea Rumney Hithe whereof some because the number exceedeth fiue must either be added to the first institution by some later graunt or be accompted as appendents to some of the rest See Gardein of the Cinque ports and the Statute anno 32. H. 8. cap. 48. Circuit of action circuitus actionis is a longer course of proceeding to recouer the thing sued for then is needfull See the new Tearmes of lawe Circumstantibus is a word of art signifying the supply or making vp of the number of Iurors if any empaneled appeare not or appearing be chalenged by either partie by adding vnto them so many other of those that are present or standing by as will serue the turne v. ann 35. H. 8. cap. 6. and anno 5. Elizab. cap. 25. Citie civitas commeth of the French citè and signifieth with vs as it doth in other regions such a towne corporate as hath a Bishop and a cathedrall church For Lucas de Penna lege vnica tituli De Metropol Beryto ti 21. lib. 10. Cod. hath these words Idem locus vrbs civitas oppidum appeliatur Pro quo est etiam infra De spectaculis l. Nemo Civitas enim dicitur quatenus cum iustitia magistratuum ordine gubernatur oppidum quaetenus est ibi copia incolarum vrbs quatenus muris debito more cingitur Proprie autem dicitur civitas quae habet Episcopū Supra de Episcop Cleri l. Nulli Aliâs dicitur generaliter omnis habitatio plurimorum quae muro cingitur Π. de verb. signif lib. 2. de penu lega l. Nam quod § St ita Sed stricte loquendo si Episcopo caret dicitur vrbs Π. de verb. signif l. Pupillus § Oppidum c. Yet M. Crompton in his Iurisdictions where he reckoneth vp the cities leaueth out Elye though it haue a bishop and a cathedrall Church and putteth in Westminster though now it haue no bishop And anno 35. Eliza. ca. 6. Westminster is called a citie anno 27. eiusd cap. 5. Of the Statutes not printed it is alternatiuely tearmed a citie or borow It appeareth by the Statute 35. H. 8 cap. 10. that then there was a bishop of Westminster Civitas according to Aristotle lib. 3. politicorum ca. pri is defined to be a certaine or vniforme gouernment of the inhabitants Caesar ciuitatem vocat populum eodem iure vtentem Camd. Brittan pa. 310. But this is the generall definition of a common wealth and not of a city at the least as we now a daies particularly take it For ouer and beside that which is aboue saide Cassanaeus in consuetudi Burg. pa. 15. saith that France hath within the teritories of it 104. cities and giueth reason of this his saying because there be there so many seates of Archbishops and bishops Clack as to clack force and bard alias beard good wools anno 8. H. 6. ca. 22. whereof the first viz. to clack wooll is to cut of the sheepes marke which maketh it to waigh lesse and so yeld the lesse custome to the king to force wooll is to clip of the vpper and more heary part of it to bard or beard it is to cut the head and necke from the rest of the fleece Clamea admittenda in itinere per Atturnatum is a writ whereby the king commandeth the Iustices in eyre to admitte of ones claime by Atturney that is employed in the kings seruice and cannot come in his owne person Regist orig fol. 19. b. Clayme clameum is a chalenge of interest in any thing that is in the possession of another or at the least out of his owne as claime by charter clayme by descent old nat br fol. 11. Si dominus infra annum clameum qualitercunque apposuerit Bracton lib. 1. cap. 10. See the definition diuers sorts of claime in Plowden Casu Stowel fol. 359. a. Clarentius See Herald Clorgie clerus clericatus is diuersly taken sometime for the whole number of those that are de Clero domini of the Lords lot or share as the tribe of Leuy was in Iudaea some time for a plee to an indictment or an appeale and is by Stawnf pl. cor li. 2. ca. 41. thus defined Clergie is an auncient liberty of the church which hath bene confirmed by diuers parlaments and is when a priest or one within orders is arraigned of felony before a seculer iudge he may pray his clergie which is as much as if he prayed to be deliuered to his ordinarie to purge him selfe of the offence obiected And this might be done in case of murder Coke li. 4. fo 46. a. This liberty is mentioned in articulis cleri anno 9. Ed. 2. ca. 16. and what persons might haue their clergy and what not see Stawnf pl. cor li. 2. ca. 42. 43. Howbeit there be many statuts made sithence he writ that booke wherby the benefite of clergy is abridged as anno 8. El. ca. 4. anno 14. eiusdem ca. 5. anno 18. eiusd cap. 4. 6. 7. anno 23. eiusd cap. 2. a. 29. eiusd c. 2. anno 31. eiusd ca. 12. a. 39. eiusd ca. 9. ca. 15. Of this see Cromptons Iustice of peace fo 102. 103. 104. 105. and Lamberds Eirenarcha li. 4. ca. 14. pa. 543. And note by the way that the auncient course of the law in this point of clergy is much altered For by the statute anno 18. Eliza. ca. 7. clerks be no more deliuered to their ordinaries to be purged but now euery man though not within orders is put to reade at the barre being founde guilty and conuicted of such felonie as this benefit is still granted for and so burnt in the hand and set free for the first time if the ordinaries commissioner or depute standing by do say legit vt clericus or

otherwise suffereth death for his transgression Clerico addmittendo is a writ directed to the bishop for the admitting of a clerk to a benefice vpon a Ne admittas tryed founde for the party that procureth the writ Regist orig fo 31. 6. Clerico captoper statutū mercatorum c. is a writ for the deliuery of a clerk out of prison that is imprisoned vpon the breach of a statut merchant Register orig fo 147. Clerico conuicto commisso gaolae in defectu ordinarii deliberando c. is a writ for the deliuery of a clerk to his ordinary that formerly was conuicted of felony by reason his ordinary did not chalenge him according to the priuiledge of clerks Register orig fo 69. a. Clerico infra sacros ordines constituto non elegendo in officium is a writ directed to the bay lifs c. that haue thrust a bayliwick or bedelship vpō one in holy orders charging them to release him againe Register orig fo 187. b. Clerk clericus hath two significations one as it is the title of him that belongeth to the holy ministery of the church that is in these daies either minister or deacon of what other degree or dignity soeuer though according to former times not only sacerdotes diaconi but also subdiaconi cantores acolyti exorcistae ostiarii were within this accoumpt as they be at this daye where the canon law hath full power And in this signification a clerk is either relegious otherwise called regular or secular anno 4. H. 4. ca. 12. The other signification of this word noteth those that by their function or course of life practise their penne in any court or other wise as namely the clerk of the rolles of parliament clerks of the Chancery and such like whose peculiar offices I purpose to set downe in order according to that knowledge that I could procure of them Clerke of the parlament rolles clericus rotulorum Parlamenti is he that recordeth all things done in the high court of Parlament and engrosseth them fairely into parhement rolles for their better keeping to all posteritie Of these there be two one of the higher another of the lower or common house Cromptons Iurisd fol. 4. 8. Smith de rep Anglor pag. 38. See also Vowels booke touching the order of the Parlament Clerke of the crowne in the chācerie clericus Coronae in Cancellaria is an officer there that by himselfe or his deputie is continually to attend the Lord Chanceler or Lord Keeper for speciall matters of estate by commission or the like either immediatly from his maiestie or by order of his priuy councell as well ordinary as extraordinary viz. commissions of lieuetenancies of Iustices errant and of assises of oyer and terrainer of gaol deliuery of the peace and such like with their writs of association and dedimus potestatem for taking of oathes Also all generall pardons vpon graunts of them at the kings coronation or at a parlament where he sitteth in the higher house at the Parlament time the writs of parlament with the names of knights and burgesses which be to be returned into his office He hath also the making of all speciall pardons and writs of execution vpon bonds of statute of the Staple forfeited which was annexed to his office in the raigne of Queene Mary in consideration of his continuall and chargeable attendance both these before being common for euery coursitour and clerk of court to make Clerk of the Crowne clericus Coronae is a clerk or officer in the Kings bench whose function is to frame reade and record all indictments against traitours felons and other offenders there arraigned vpon any publique crime He is otherwise termed Clerke of the Crowne office And anno 2. H. 4. ca. 10. he is called clerk of the crowne of the kings bench Clerk of the extreates clericus extractorum is a clerk belonging to the exchequer who termely receiueth the extreats out of the Lord treasurers remembrancer his office and writeth them out to be levied for the king He also maketh ceduls of such summes extreated as are to be discharged Clerk of assise clericus assisae is he that writeth all things iudicially done by the Iustices of assise in their circuits Cromptons Iurisd fo 227. Clerke of the pele clericus pellis is a clerk belonging to the exchequer whose office is to enter euery tellers bille into a parchement rolle called pellis receptorum and also to make another rolle of paiments which is called pellis exituum where in he setteth downe by what warrent the monie was paid Clerk of the warrants clericus warrantorum is an officer belonging to the court of common plees which entreth all warrants of atturney for plantiffe and defendant and enrolleth all deedes of indentures of bargaine and sale which are acknowledged in the court or before any iudges out of the court And he doth extreate into the exchequer all issues fines and amercements which growe due to the king any way in that court and hath a standing fee of ten pound of the king for making the same extreats See Fitzh nat br fo 76. in prin Clerk of the petit bagge clericus parvae bagiae is an officer of the chawncerie of which sort there be three and the master of the Roles their cheife Their office is to record the returne of all inquisitions out of euerie shire all liveries granted in the courte of wardes all ouster les mains to make all patents of customers gawgers controllers and aulnegers all conge d' eslires for Bishops all liberateis vpon extents of statute staples the recouerie of Recognisances forfeited and all Elegits vpon them the summons of the nobilitie clergie and burgeses to the Parlament commissions directed to knights and other of euery shire for seassing of the subsidies Writs for the nominations of collectours for the fiftenthes and all traverses vpon any office bille or otherwise and to recieue the money due to the king for the same This officer is mentioned anno 33. H. 8. ca. 22. Clerk of the Kings great wardrobe clericus magnae garderobae regis is an officer of the Kings house that keepeth an account or Inventarie in writing of all things belonging to the kings wardrobe This officer is mentioned anno 1. Ed. 4. ca. 1. Clerk of the market clericus merketi is an officer of the kings house anno 1. Ed. 4. cap. 1. anno 13. R. 2. ca. 4. whose dutie is to take charge of the kings measures and to keepe 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 pottels gallons c. of weights bushels and such like and to see that all measures in euerie place be answerable vnto the said standard Fleta li. 2. ca. 8. 9. 10. 11. 12. of which office as also of our diuersitie of weights and measures you may there finde a treatise worth the reading Britton also in

the rols to euerie officer and the receiuing of them againe when they be written and the binding and making vp of the whole bundels of euerie terme and this he doth as seruant to the cheife Iustice For the cheife Iustice is at charge for all the parchemēt of all the rols Clerk of the outlawries clericus vtlagariarum is an officer belonging to the court of common plees being onely the seruant or deputie to the kings atturney generall for making out the writs of capias vtlagatum after outlawrie And the kings atturneis name is to euerie one of those writs And whereas seuen pence is paide for the seale of everie other writ betwixt partie party there is but a peny paid for the seale of this writ because it goeth our at the Kings suite Clerk of the sewers clericus sucraerum is an officer apperteining to the commissioners of sewers writing all things that they doe by vertue of their cōmission for the which See Sewers and see the statute anno 13. Elizabe ca. 9. Clerk controller of the kings house whereof there be two is an officer in court that hath place and seate in the compting house and authoritie to allow or disallow the charges and demands of pursuivants or messengers of the greene cloth purveiours or other like He hath also the ouer-sight and controlling of all defaults defects and miscariages of any the inferiour officers and to sit in the counting house with the superiour officers viz. the L. Steward treasurer controller and coferer either for correcting or bettering things out of order and also for bringing in country provision requisite for the Kings houshold and the censure for fayling of cariages and carts warned charged for that purpose This officer you haue mentioned anno 33. H. 8. ca. 12. Clerk of the Nihils clericus nihilorum is an officer in the Exchequer that maketh a rolle of all such summes as are nihiled by the shyreeues vpon their estreats of greene waxe and dilivereth the same into the Lord treasurers remembrancer his office to haue execution done vpon it for the king Clerk of the check is an officer in court so called because he hath the check and controlment of the yeomen of the gard and all other ordinary yeomen and huissiers belonging either to his maiesty the Queene or Prince either giuing leaue or allowing their absences or defects in attendance or deminishing their wages for the same He also nightly by himselfe or depute taketh the view of those that are to watch in the court and hath the setting of the watch This officer is mentioned anno 33. H. 8. ca. 12. Clerk marshiall of the kings house seemeth to be an officer that attendeth the marshiall in his court and recordeth all his proceedings anno 33. H. 8. cap. 12. Clothe of raye anno 27. Ed. 3. sta 1. cap. 4. Closhe is an vnlawfull game forbidden by the statute anno 17. Ed. 4. cap. 3. which is casting of a bowle at nine pinnes of wood or nine shanke bones of an oxe or horse Clove is the 32. part of a weigh of cheese i. 8. pound anno 9. H. 6. cap. 8. Cloues caryophylli are a spice knowne by sight to euery man They be flowers of a tree called caryophyllus gathered and hardened by the Sunne Of their nature you may reade in Gerards Herball lib. 3. cap. 144. This is cōprised among such spices as be to be garbled anno 1. Iacob cap. 19. Cocket cokettum is a seale appertaining to the kings custome house Regist orig fol. 192. a. also ascrow of parchement sealed and deliuered by the officers of the custome house to merchants as a warrant that their merchandize be customed anno 11. H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist vbi supra fol. 179. a. So is the word vsed anno 5. 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat 1. cap. 21. This word is also vsed for a distinction of bread in the statutes of bread ale made anno 51. H. 3. where you haue mention of bread coket wastell bread bread of trete and bread of common wheate Coferer of the Kings houshold is a principal officer of his Maiesties court next vnder the Controller that in the counting house and elsewhere at other times hath a speciall charge and ouersight of other officers of the houshold for their good demeanure and cariage in their offices to all which one and other being either Sergeants Yeomē groomes pages or children of the kitchin or any other in any roome of his Maiesties seruants of houshold and payeth their wages This officer is mentioned anno 39. Elixab cap. 7. Cogs anno 23. H. 8. cap. 18. Conisour of a fine is he that passeth or acknowledgeth a fine in lands or tenemēts to another Cognise● is he to whom the fine is acknowledged West parte 2. symbol titulo Fines sect 2. Cognizance commeth from the French cognisance i. intelligentia intellectus notio cognitio with vs it is vsed diuersly some time signifying a badge of a seruingmans sleeue whereby he is discerned to belong to this or that Noble or Gentleman somtime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3. 20. 32. cognoscere se ad villanum Idem lib. 4. tractat 3. cap. 16. As also to make cognisance of taking a distresse somtime as an audience or hearing of a mater iudicially as to take cognisance sometime a power or iurisdiction as cognisance of plee is an habilitie to call a cause or plee out of another court which no man can doe but the king except he can shew charter for it Manwood parte 1. Of his Forest lawes pag. 68. See the new tearmes of the lawe and the new booke of Entries verbo Conusance Cognatione See Cosenage Cognisour see Conisour Cognitionibus mittendis is a writ to a Iustice or other that hath power to take a fine who hauing taken knowledgement of a fine deferreth to certifie it into the court of common plees commanding him to certifie it Regist orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin i. angulus which probably verifieth the opinion of such as doe hould the auncientest sort of coyne to be cornered and not round Of this Lawyers substantiue cuna commeth the Lawyers verbe cunare i. to coyne Cromptons Iustice of peace fol. 220. Coliander seede or rather Coriander seede Semen coriandri is the seede of an herbe so called medicinable and wholesome for diuers good purposes which see in Gerards Herball lib. 2. cap. 3. 79. It is numbred among the drugges that be to be garbled anno 1. Iacob cap. 19. Collaterall collateralis commeth of the Latine laterale i. that which hangeth by the side Lateralia viatoria Π. de lega fideium tertio l. 102. seeme to signifie a budget or capcase to hang by a saddle pomel Collaterall

the rent Sir Edward Coke lib. 3. Pennants case fol. 64. Collaterall condition is that which is annexed to any collaterall act as that the leassee shall not go to Rome ibi fol. 65. Condition is also diuided into condition in deed or fact and condition in lawe which otherwise may be tearmed condition expressed and condition implyed Perkins Conditions 722. These and other like diuisions of conditions you may reade in the author of the new Tearmes of law verbo Condition and in Litleton li. 3. cap. 5. Conders may seeme to proceed from the French conduire i. deducere gubernare they be such as stand vpon high places neere the sea coast at the time of herring fishing to make signes with bowghes c. in their hand vnto the fishers which way the shole of herrings passeth For that may beter appeare to such as stand vpon some high cliffe on the shore by a kind of blew colour that the said fish causeth in the water then to those that be in the shippes These be otherwise called huers by likelihood of the French huyer i. exclamare and balkers as appeareth by the statute anno 1. Iacob cap. 23. Cone key Bracton lib. 2. ca. 37. num 3. looke Cover and Key Confirmation confirmatio is a strengthening of an estate formerly had and yet voydable though not presently voide For example a Bishop graunteth his Chancelershippe by patent for the terme of the patentee his life this is no voide graunt but voydable by the bishops death except it be strengthened by the confirmation of the Deane and chapter See more of this in West parte prim symb lib. 2. sect 500. and Fitz. nat br fol. 169. B. 226. H. 271. D. 163. G. and Litleton lib. 3. cap. 9. Confiscate confiscatus may be said to come either from the Latine confiscare or the French confisquer i. in publicum addicere All these words are drawne from fiscus which originally signifieth a hamper pannyer basket or freyle but metonymically the Emperours treasure because it was anciently kept in such hampers c. And though our king keepe not his treasure in such things yet as the Romanes said that such goods as were forfeited to the Emperors treasurie for any offence were bona confiscata so do we those that are forfeited to our kings Exchequer See more of these goods confiscate in Stawnf pl. cor lib. 3. cap. 24. Conge d'eslire venia eligendi is very French and signifieth in our common lawe the kings permission royall to a Deane and chapter in time of vacation to chuse a bishop or to an Abbey or Priorie of his owne foundation to chuse their Abbot or Prior. Fitz. nat br fol. 169. B. 170. B. C. c. Touching this mater M. Gwin in the preface to his readings saith that the king of England as soueraigne patron of all Archbishoprickes Bishoprickes and other Ecclesiasticall benefices had of auncient time free appointment of all ecclesiasticall dignities when soeuer they chaunced to be voide inuesting them first per baculum annulum and afterward by his leters patents and that in proces of time he made the election ouer to others vnder certaine formes and conditions as namely that they should at euery vacation before they chuse demaund of the king congè d'eslire that is licence to proceede to election and then after the election to craue his royall assent c. And furder he affirmeth by good proofe out of common lawe bookes that King Iohn was the first that graunted this and that it was afterward confirmed by Westm pri ca. i. which statute was made anno 3. Ed. pri and againe by the statut Articuli cleri ca. 2. which was ordained anno 25. Ed. 3. statuto tertio Congeable cōmeth of the french conge i. venia It signifieth in our common law as much as lawfull or lawfully done as the entry of the disseisee is congeable Litleton fo 91. in meo Conisance See Cognisance Conizour aliàs cognizour recognitor commeth of the French cognoistre i. cognoscere cernere and is vsed in the passing of fynes for him that doth acknowledge the fyne and the conizee is hee to whome it is acknowledged West parte 1. symbol li. 2. sect 49. parte 2. titulo Fines sectio 114. See Recognizour Coniuration coniuratio is the very French word drawne from the latine which as it is compounded of con iuro so it signifieth a compact or plot made by men combining themselues together by oath or promise to doe some publique harme But in our common lawe it is especially vsed for such as haue personall conference with the deuill or evill spirit to knowany secret or to effect any purpose anno 5. Eliza. ca. 16. And the difference that I haue obserued how truly let those iudge that be beter skilled in these maters betweene coniuration and witch craft is because the one seemeth by prayers and invocation of Gods powerfull names to compell the devill to to say or doe what he commandeth him the other dealeth rather by a friendly and voluntarie conference or agreement betweene him or her and the deuill or familiar to haue her or his desires and turnes serued in lien of blood or other gift offered vnto him especially of his or her soule And both these differ from inchawntments or forceries because they are personall conferences with the deuill as is said but these are but medicines and cerimoniall formes of words called commonly charmes without apparition Consanguineo is a writ for the which See Avo and See the Register orig De auo proavo consanguineo fo 226. a. Conseruatour of the truce and safe conduicts conservator induciarum saluorum regis conductuum was an officer appointed in euery port of the Sea vnder the Kings leters patents and had 40. pound for his yearely stipend at the least His charge was to enquire of all offences done against the Kings truce safe conduicts vpon the maine sea out of the countries and out of the franchises of the Cinque ports of the king as the admirals of custome were wont and such other things as are declared anno 2. H. 5. ca. 6. Touching this mater you may read another statut anno 4. H. 5. cap. 7. Conseruatour of the peace conseruator vel custos pacis is he that hath an especiall charge by vertue of his office to see the kings peace kept which peace learned M. Lamberd defineth in effect to be a withholding or abstinence from that iniutious force and violence which boysterous and vnruly persons are in their natures prone to vse toward others were they not restrained by lawes and feare of punishment Of these conservators he farder saith thus that before the time of K. Edward the third who first erected Iustices of peace there were sundrie persons that by the common lawe had interest in keeping of the peace Of those some had that charge as incident to their offices which they did beare and so included within the same

that they were neuer the lesse called by the name of their office only some others had it simply as of it selfe and were thereof named custodes pacis wardens or conservators of the peace The former and later sort he againe subdivideth Which read in his eirenarcha li. 1. ca. 3. Consideration consideratio is that with vs which the Grecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the materiall cause of a contract without the which no contract bindeth This consideration is either expressed as if a man bargain to giue 20. shillings for a horse or els implyed as when the law it selfe inforceth a consideration as if a man come into a common Inne and there staying sometime taketh both meat and lodging or either for himselfe and his horse the lawe presumeth that he intendeth to pay for both though nothing be farder couenanted betweene him and his host and therefore if he discharge not the house the host may stay his horse Fulb parel tracta Contracts fo 6. a. b. Consistory consistorium is a word borowed of the Italians or rather Lombards signifing as much as praetorium or tribunal vocab vtriusque iur It is vsed for the place of iustice in the courte christian Convocation house domus convocationis is the house wherein the whole clergie is assembled for consultation vpon maters ecclesiasticall in time of parlament And as the house of Parlament so this consisteth of two distinct houses one called the higher conuocation house where the Archebishops and Bishops sitte seuerally by themselues the other the lower conuocation house where all the rest of the clergy are bestowed See Prolocutor Conusance See Cognisance Conuzour See Cognizour Consolidation consolidatio is vsed for the combining and vniting of two benefices in one Brooke titulo Vnion This word is taken from the civile lawe where it signifieth properly an vniting of the possession occupation or profit with the propertie For example if a man haue by legacie vsumfructum fundi and after ward buy the propertie or fee simple as we call it of the heire hoc casu consolidatio fieri dicitur § 3. De vsufructu in Institut See Vnion and Vnitie of possession Conspiracie conspiratio though both in Latine and French it be vsed for an agreement of men to doe any thing either good or bad yet in our lawyers bookes it is alway taken in the evill part It is defined anno 34. Ed. pri statut 2. to be an agreement of such as doe confedre or binde themselues by oath covenant or other allyance that everie of them shall beare and ayde the other falsly and malitiously to indight or falsly to mooue ormaintaine plees and also such as cause childrē within age to appeale mē of felonie whereby they are imprisoned and sore grieued and such as reteine men in the contries with liueries or feese to maintaine their malitious enterprises And this extendeth as well to the takers as to the givers And Stewards and baylifes of great lords which by their seignorie office or power vndertake to beare or maintaine quarels plees or debates that concerne other parties then such as touch the estate of their lords or themselues anno 4. Ed. 3. cap. 11. anno 3. H. 7. ca. 13. of this see more an 1. H. 5. c. 3. an 18. H. 6. c. 12. as also in the new book of ētries ver Cōspiracy Conspiracie in the places before mentioned is taken more generally and is confounded with maintenance and champertie But in a more speciall signification it is taken for a confederacie of two at the least falsly to endict one or to procure one to be indicted of felonie And the punishment of conspiraciē vpon an endictment of felonie at the kings suyte is that the partie attainted leese his franke lawe to the intent that he be not empaneled vpon iuries or assises or such like employments for the testifiing of truth And if he haue to doe in the kings court that he make his atturney and that his lands goods and chatels be seysed into the kings hands his lands estreaped if he finde no better fauour his trees raced and his body committed to prison 27. lib. assis 59. Cromptons Iustice of peace fo 156. b. This is called vilanous iudgement or punishment See Vilanous iudgement But if the partie greiued siew vpon the writ of conspiracie then see Fitzh nat br f. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fo 116. A. c. See Franke law Conspiratione is a writ that lieth against conspiratours Fitz. nat br fo 114. d. Cromptons iurisd fo 209. See also the Regist fo 134. Constable constabularius vel conestabulis is a Saxon word compounded of cuning or cyng and staple which doe signifie the stay and hold of the king Lamb. duties of constables nu 4. But I haue heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we haue this officer from France as most others and not from the Saxons And Tilius in his commentaries de rebus gallicis li. 2. ca. de conistabili hath the same etymologie giuing the reason thereof quia praeest stabulo i. equiliregis which office is auncient heere in England and mentioned by Bracton seeming to answere him that was called tribunus celervm vnder the first kings of Rome and Magister equitum afterward The Germans that inhabite the side of the riuer Rhene note him by this title die constofler and in counterfeit latine constofelerus and in owlder time constafolarius that the Romanes were wont to tearme assessorem iudicij And as Spiegelius in his lexicon noteth deriue the word a stafolo comitis i. gradu Iudicis fiscalis For staffel in their language as he saith signifieth a grees or steppe of a paire of staires And therevpon staffelstein being a word vsed in their very awncient writings signifieth as much as praetorium But a man many times may shew in this kinde more curiositie then discretion as perhaps some will iudge me heere to haue done And therefore enough of this This word is diuersly vsed in our common law first forthe cunstable of England who is also called marshiall Stawn pl. cor fo 65. of whose great dignitie and authoritie a man may find many arguments and signes both in the statutes and chronicles of this realme His sway consisteth in the care of the common peace of the land in deedes of armes and maters of warres Lamb. vbi supra with whome agreeth the statut anno 13. R. 2. ca. 2. statu 1. Smith de Repub. Anglo li. 2. c. 25. Of this officer or magistrate M. Gwyn in the preface to his readings saith to this effect The court of the constable and marshiall determineth cōtracts touching deeds of armes out of the realme and handleth things cōcerning wars within the realme as combats blasōs of armorie c. But it may not deale with battel in appeales nor generally with any

from the French the other from the Saxons both conteining a circuit or portion of the realme into the which the whole land is diuided for the beter gouernment thereof and the more easie administration of iustice So that there is no part of the kingdome that lieth not within some countie and euery county is gouerned by a yerely officer whom we cal a Shyreeue which among other duties belonging to his office putteth in execution all the commandements iudgments of the kings courts that are to be executed within that compasse Fortescue cap. 24. Of these counties there be foure of especiall marke which therefore are tearmed countie Palatines as the county Palatine of Lancaster of Chester of Durham of Ely ann 5. Eliz. 1. c. 23. I read also of the county Palatine of Hexam an 33 H. 8. ca. 10. Vnde quaere And this county Palatine is a Iurisdiction of so high a nature that whereas all plees touching the life or mayhem of man called plees of the crowne be ordinarily held sped in the kings name cannot passe in the name of any other the chiefe gouerners of these by especiall charter from the king did heretofore send out all writs in their owne name and did all things touching iustice as absolutely as the Prince himself in other counties only acknowledging him their superiour and Soueraigne But by the statute anno 27. H. 8. c. 25. this power is much a bridged vnto the which I refer the reader as also to Crom. Iuris fo 137. for the whole course of this court Besides these counties of both sorts there be likewise counties corporate as appeareth by the statute anno 3. Ed. 4. 5. and these be certaine cities or auncient boroughs of the land vpon which the Princes of our nation haue thought good to bestow such extraordinary liberties Of these the famous city of London is one and the principall Yorke another an 32. H. 8. cap. 13. the city of Chester a third an 42. Eliz. cap. 15. Canterburie a fourth Lamb. Eiren. l. 1. cap. 9. And to these may be added many moe but I haue onely obserued out of the statutes other writers the county of the towne of Kingston vpon Hull anno 32. H. 8. cap. 13. the county of the towne of Havorford West anno 35. H. 8. cap. 26. and the county of Litchfield Cromptons Iustice of peace fo 59. a. County is in another significatiō vsed for the County court which the Shyreeue keepeth euery moneth within his charge either by himselfe or his deputie anno 2. Ed. 6 ca. 25. Cromptons Iuris fo 221. Bract. li. 3. c. 7. li. 3. tract 2. cap. 12. Of these counties or shires one with another there are reckoned in England 37. beside twelue in Walet 〈…〉 The word comitatus is also vsed for a iurisdiction or territorie among the Feudists Countie court curia comitatus by M. Lamberd is otherwise called conuentus in his explication of Saxon words and diuided into two sorts one retaining the generall name as the county court held euery moneth by the Shyreeue or his deputie the vnder-shyreeue whereof you may reade in Cromptons iurisd fol. 231. the other called the Turne held twice euery yeare which see more at large in his place and Cromptons Iurisd fol. 231. This countie court had in auncient times the cognition of these and other great maters as may appeare by Glanvile lib. 1. cap. 2 3. 4. by Bracton and Britton in diuers places and by Fleta li. 2. cap. 62. But that was abridged by the statute of Magna charta cap. 17. and much more by 1. Ed. 4. cap. vnico It had also and hath the determination of certaine trespasses and debts vnder forty shillings Britton cap 27. 28. what maner of proceeding was of old vsed in this court see Fleta vbi supra Coursitour See Cursetour Court curia commeth of the French court which signifieth the kings palace or mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus diuided the whole number of the Romaines sometime also the Senate house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curia agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput vrbis c. Court with vs signifieth diuersly as the house where presently the king remaineth with his ordinarie retinue and also the place where iustice is iudicially ministred of which you finde 32. seueral sorts in M. Cromptons booke of Iurisdictions well described And of them most be courts of record some be not and therefore are accompted base courts in comparison of the rest Beside these also there are courts Christian Smith de repub Anglor lib. 3. cap. 9. which are so called because they handle maters especially appertaining to Christianitie and such as without good knowledge in diuinity cannot be well iudged of being held heretofore by Archb. and Bishops as from the Pope of Rome because he chalenged the superioritie in all causes spirituall but sithence his eiection they hold them by the kings authoritie virtue magistratus sui as the Admirall of England doth his court Whereupon it proceedeth that they send out their precepts in their owne names and not in the kings as the Iustices of the kings courts doe And therefore as the appeale from these courts did lie to Rome now by the statute an 25. H. 8. cap. 19. it lyeth to the king in his Chauncerie Court baron curia baronis is a court that euery lord of a maner which in auncient times were called barons hath within his owne precincts Barons in other nations haue great territories and iurisdiction from their Soueraignes as may be proued out of Cassanaeus de gloria mundi parte 5. consideratio 56. by Vincentius de Franchis descis 211. and many others But here in England what they be and haue bene heretofore see in Baron Of this court Baron you may reade your fill in Kitchin that writeth a large booke of it and of a court leete S. Edward Coke in his fourth booke of Reports amongst his copyhold cases fol. 26. b. saith that this court is two after a sort and therefore if a man hauing a maner in a towne and do graunt the inheritance or the copyholders thereunto belonging vnto another this grantee may keep a court for the custumarie tenents and accept surrenders to the vse of others and make both admittances and graunts the other court is of Freeholders which is properly called the court baron wherein the suyters that is the Freeholders be Iudges whereas of the other the Lord or his steward is Iudge Court christian curia christiana See Court Court of Pypowders See Pypowders Court of Requests curia requestarum is a court of equitie of the same nature with the Chancerie principally instituted for the helpe of such

of a fine For if a fine duly levied of lands tenements be not impugned within fiue yeres it excludeth all claime for euer And if a man omit his continuall claime for a yeere and a day then the tenent in possession prescribeth an immunity against the entrie of the demandant and his heyre Fitzh nat br fo 79. Terms of the law verbo Continuall clayme Out of our statutes you may haue greater diuersitie which see collected in mine Institutes titulo de Vsucapio longi tempo praescript So that Brissonius in his 14. de verbo fignif seemeth to say truly that prescription is an exception founded vpon so long time runne and past as the lawe limiteth for the pursuite of any action An example may be taken from those statutes anno 1. H. 8. ca. 4. which inacteth that in all actions populer information shall be made within three yeares after the offence committed or els be of no force Of like nature is the statute anno 7. H. 8. ca. 3. which in some cases maketh one yeeres prescription sufficient against informations Custome is also vsed for the tribute or tolle that merchans pay to the king for carying in and out merchandise anno 14. Ed. 3. stat 1. ca. 21. in which signification it is latined custuma Register orig fo 138. a. 129. a. and lastly for such seruices as tenents of a maner owe vnto their lord New booke of entries verbo Custome Customary tenents tenentes per consuetudmem are such tenents as hould by the custome of the maner as their especiall euidence See Copihoulds Custos breuium is the principall clerk belonging to the court of common plees whose office is to receiue and keepe all the writs and put them vpon files euery returne by it selfe and at the end of euery terme to receiue of the protonotaries all the records of Nisiprius called the postea For they are first brought in by the clerk of assise of euery circuit to the protonotarie that entred the issue in that mater for the entring of the iudgement And then doe the protonotaries get of the court peremptory day for euery party to speake what he hath to alleage in arrest of iudgement which day being past he entreth the verdict and iudgement thereupon into the rols of the court and that done he doth in the end of the tearme deliuer ouer to the custos breuium all the records of Nisi prius which came to his hand that terme which receiued he bindeth into a bundle and bestoweth them The custos breuium also maketh entry of the writs of couenant and the concord vpon euery fine and maketh forth exemplifications and copies of all writs and records in his office and of all fines leuied The fines after they be ingrossed the parts therof are diuided betwen the custos breuium and the chirogropher whereof the chirogropher keepeth alwaies with him the writ of couenant and the note the custos breuium keepeth the concord and the foote of the fine vpon the which foote the chirographer doth cause the proclamations to be indorsed when they be all proclaymed This office is in the princes gift Custos placitorum coronae Bracton li. 2. ca. 5. This seemeth to be all one with him whome we nowe call custos rotulorum of this officer I finde mention in the writ odio atia Register original fo 133. b. Custos rotulorum is he that hath the custodie of the rols or records of the sessions of peace and as some thinke of the commission of the peace it selfe Lamb. Eirenarch li. 4. ca. pa. 3. 373. He is alway a Iustice of Peace and Quorum in the countie where he hath his office Idem eodem and by his office he is rather termed an officer or minister then a iudge because the commission of the peace layethe by expresse words this especiall charge vpon him quòd ad dies locapraedicta breuia praecepta processus indictamenta praedicta coramte dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this office Custos of the spiritualties custos spiritualitatis vel spiritualium is he that exerciseth the spirituall or ecclesiasticall iurisdiction of any dioces during the vacancie of the See the appointment of whome by the canon lawe apperteineth to the deane and chapter ca. ad abolendam Extra Ne sede vacante aliquid innovetur but with vs in England to the Archbishop of the province by prescription How be it divers deanes and chapters if M. Gwin say truly in the preface to his readings doe chalenge this by awncient charters from the kings of this land Cutter of the talyes is an officer in the exchequer that provideth wood for the talyes and cutteth the summe paid vpon them and then casteth the same into the Court to be written vpon DA DAmmage commeth of the french dam or domage signifiing generally any hurt or hinderance that a man taketh in his estate But in the common lawe it particularly signifieth a part of that the Iurours be to inquire of passing for the plaintiffe or demandant in a ciuile action be it personall or reall For after verdict giuen of the principall cause they are likewise asked their consciences touching costs which be the charges of suite called of the Civilians expensae litis and dammages which conteine the hindrance that the plaintiffe or demandant hath suffered by meanes of the wrong done to him by the defendant or tenent Dane guilt Danegold or Danegelt Danegeldum is compounded of Dane and gelt i. pecunia and was a tribute laide vpon our ancesters of 12. pence for euerie hide of land through the realme by the Danes that once got the masterie of vs in regard as they pretended of clearing the sease of pyrates which greatly annoyed our land in those daies Cambd. Brittan 83. with whome agree the lawes of Edward set out by M. Lamberd ca. 11. Stowe in his annals pa. 118. saith that this tribute came to 40000. pownds by the yeare and that it was released by Edw. the confessour The author of the newe Terms of law saith that this tribute began in the time of king Etheldred who being sore distressed by the continuall inuasion of the Dane to procure his peace was compelled to charge his people with importable payments For first he gaue them at fiue severall paiments 113000. poundes and afterward graunted them 48000. poundes yeerely See Roger Houeden parte poster suorum annalium in Henrico secundo fo 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. vltimu● Darrein presentment vltima praesentatio See Assise or darreyn presentment Dates dactyli is the plumme or fruite of the tree in latine called palma in english the Date tree well knowne to most men by sight And he that will farder vnderstand the nature or diuersities of this fruite may repaire to Gerards herball li. 3. ca. 131. They be numbred among

some time for the place or circuit within the which the king or other Lord hath escheates of his tenents Bracton li. 3. tract 2. cap. 2. pupilla oculi parte 5. ca. 22. Escheate thirdly is vsed for a writ which lieth where the tenent hauing estate of see simple in any lands or tenements holden of a superiour lord dieth seised without heire generall or especiall For in this case the Lord bringeth this writ against him that possesseth these lands after the death of his tenent and shall thereby recouer the same in liew of his seruices Fitzh nat br fol. 144. These that we call Escheats are in the kingdome of Naples called Excadentiae or bona excadentialia as Baro locat excadentias eo modo quo locatae fuerūt ab antiquo it a quod in nullo debit a servitia minuantur non remittit gallinam debitam Iacobutius de Franchis in praeludiis ad feudorum vsum tit 1. nu 29. nu 23. v. Maranta singularia verbo Excadentia And in the same signification as we say the fee is escheated the Feudists vse feudum aperitur li. 1. feud titulo 18. § 2. ti 15. ti 26. § 4. Escheatour Escaetor commeth of Escheate and signifieth an officer that obserueth the Escheates of the king in the countie whereof he is Escheatour and certifieth them into the Eschequer This officer is appointed by the L. treasurer and by leters patents from him and continueth in his office but one yeare neither can any be Escheatour aboue once in 3. yeares anno 1. H. 8. cap. 8. anno 3. eiusd ca. 2. See more of this officer and his authoritie in Cromptons Iustice of peace See an 29. Ed. 1. The forme of the Escheatours oath see in the Register original fol. 201. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a record Officium escaetriae is the escheatourship Register orig fo 259. b. Escuage Scutagiū commeth of the French Escu i. clypeus a bucler or sneild In our common lawe it signifieth a kinde of knights seruice called seruice of the shield whereby the tenent holding is bound to follow his Lord into the Scottish or Welsh warres at his owne charge for the which see Chyvalrie But note that Escuage is either vncertaine or certaine Escuage vncertaine is properly Escuage and knights seruice being subiect to homage fealtie ward and mariage so called because it is vncertaine how often a man shal be called to followe his lord into those wars and againe what his charge wil be in each iourney Escuage certaine is that which yearely payeth a certaine rent in lieu of all seruices being no further bound then to pay his rent called a knights fee or halfe a knights fee or the fourth part of a knights fee according to his land this leeseth the nature of knights seruice though it hold the name of Escuage being in in effect Soccage Fitzh nat br fol. 84. C. Esnecy Aesnecia is a prerogatiue giuen to the eldest coparcener to choose first after the inheritance is diuided Fleta li. 5. ca. 10. § in diuisionem Esplees Expletia seeme to be the full profits that the ground or land yeldeth as the hay of the medowes the feede of the pasture the corne of the earable the rents seruices and such like issues Ingham It seemeth to proceede from the latine expleo The profits comprised vnder this word the Romans call properly accessiones Nam accessionum nomine intelligūtur ea generaliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt l. 2. Π. De in diem adiectio li. 50. Π. Ad Trebel l. 61. § hiis etiam Π. de furt See the new Terms of law Esquier Armiger is in leters little altered from the french Escuier i. scutiger It signifieth with vs a gentleman or one that beareth armes as a testimony of his nobilitie or gentrie S. Thomas Smith is of opinion that at the first these were bearers of armes to Lords and Knights and by that had their name and dignity Indeede the french word is sometime translated Agaso that is a boy to attend or keepe a horse and in ould English writers it is vsed for a lackey or one that carieth the shield or speare of a knight Mast Camden in his Britannia pag 111. hath these words of them hauing spoken of Knights Hiis proximi fuere Armigers qui scutiseri hominesque ad arma dicti qui vel a clypeis gentilitiis qua in nobilitatis insignia gestant vel quia principibus matoribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo vnicuique militi seruiebant galeam clypeumque gestabant c. Hotoman in the sixth chapter of his disputatiōs vpon the feods saith that these which the French men call Escuiers were a militarie kinde of vassall haueing ius scuti which is as much to say he there interpreteth him selfe as that they bare a shield and in it the ensignes of their family in token of their gentility or dignity Essendi quietum de telonio is a writ that lieth for Citizens or burgesses of any city or towne that haue a charter or prescription to exempt them from tolle through the whole realme if it chaunce they be any where exacted the same Fitzh nat br fol. 226. Register fol. 258. Essoine Essonium commeth of the French Essoniè or exonniè i. causarius miles he that hath his presence forborne or excused vpon any iust cause as sicknesse or other incumbrance It signifieth in our common lawe an alledgement of an excuse for him that is summoned or sought for to appeare and answer to an action reall or to performe suite to a court baron vpon iust cause of absence It is as much as excusatio with the Ciuilians The causes that serue to Essoine any man summoned be diuers infinite yet drawne to fiue heads whereof the first is vltra mare the second de terra sancta the third de malo vemendi which is also called the common Essoine the fourth is de malo lecti the fifth de seruitio Regis For further knowledge of these I referre you to Glanvile in his whole first booke and Bracton li. 5. tractat 2. per totum and Brittan ca. 122. 123. 124. 125. and to Horns mirrour of Iustices li. 1. ca. des Essoinis who maketh mention of some more Essoines touching the seruice of the king celestiall then the rest doe and of some other points not vnworthie to be knowne Of these essoines you may reade farder in Fleta l. 6. c. 8. seqq that these came to vs frō the Normans is well shewed by the Grand Custumarie where you may find in a maner all said that our lawyers haue of this mater cap. 39. 40. 41. 42. 43. 44.

Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse cōmitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno bre●●im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata ●bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must ●bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery tenent to be true to the Lord of whom he holdeth his land And he that holdeth land by this onely oath of fealty holdeth in the freest maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.

vectigal pendatur tam diuneque ipsis qui conduxerunt neque iis qui in locum eorum successerunt auferri eum liceat l. 1. Π. siager vectigalis c. Feede Feida alias Faida signifieth in the German toung Guerram i. capitales inimicitias vel bellum Hotoman disputat de feudis ca. 2. B. Foemina dicitur faidam non facere gloss in § vlt. De lege Conradi lib. 2. de feudis by reason that women by the law are not subiect to warfare to battell or proclamatiō made for that cause Skene de verbo signif verbo Assidatio M. Lamberd in his explication of Saxon words writeth it Feeth and saith likewise that it signifieth capitales inimicitias and also that Feud vsed now in Scotland and the north parts of England is the same and that is a combination of kindred to reuenge the death of any of their blood against the killer and all his race Felonie Felonia seemeth to come of the french Felonnie ā impetuositas atrocitas immisericordia Felonia saith Hotomande verbis feudalibus non praescisè contumaciam vasalli in dominum huiusue in vasallum perfidiam significat verum quoduis capitale facinus And againe Felonia Gothis Longobardis dicitur quod Germanis hodie Schelmarey latinis Scelus S. Ed. Cooke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fo 124. b. Hostiensis in sua summa titulo De feudis and others speak of this to this effect Felonia aliàs Fallonia est culpa vel iniuria propter quam vasallus amittit feudum Sedhec respicit dominum feudi Est alia fallonia quae non respicit dominum sc quando vasallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commisit quod parricidii appellatione continetur plures aliae falloniae tam respicientes dominum quàm alios propter quas feudum amittitur ibi not antur We account any offence felonie that is in degree next vnto petit treason and compriseth diuers particulars vnder it as murder theft killing of a mans selfe Sodometrie rape wilfull burning of houses and diuers such like which are to be gathered especially out of statutes whereby many offences are dayly made felonie that before were not Felonie is discerned from lightter offences by this that the punishment thereof is death How be it this is not perpetuall For petit larcenie which is the stealing of any thing vnder the valew of twelue pence is felony as appeareth by Broke titulo Coron num 2. his reason is because the indictment against such a one must runne with these words felonicè cepit and yet is this 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 vnder petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeued by cleargie another that may not And these you must also learne to know by the statutes for Cleargie is allowed where it is not expressely taken away Of these maters reade Stawnfords first booke of his pl. cor from the end of the second Chapter to the 39. and the statutes whereby many offences be made felonie since he writ that learned booke See also Lamberds Iustice of peace lib. 2. cap. 7. in a Table drawne for the purpose As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace fol. 32. c. Felonie is also punished by losse of lands not entayled and goods or chatels as well real as personall and yet the statutes make difference in some cases touching lands as appeareth by the statute anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud though not where a statute ordaineth an offence to be felonie and yet withall saith that it shall not worke corruption of bloud As anno 39. Eliz. cap. 17. How many wayes felonie is comitted see Cromptons Iustice of peace pag. 32. c. Feyre See Fayre Felo de se is he that committeth felonie by murthering himselfe See Cromptons Iustice of peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is vnlawful to hunt in the Forest because in that moneth the female Deere do faune and this moneth beginneth 15. dayes before Midsomer and endeth 15. dayes after So that to this moneth there be 31. daies See Manwood parte prim of his Forest lawes pag. 86. 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 vsed 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 Natiuitie c. Fennycricke or rather Fenegreeke Foenum Graecum is a medicinall plant or herbe so called because it groweth like hey and commeth out of Greece Of this you may reade more in Gerrards herball lib. 2. cap. 483. The seede therof is reckoned among drugs that are to be garbled an 1. Iacob cap. 19. Feofment feoffamentum by the opinion of Sir Thomas Smith de Repub. Anglor lib. 3. cap. 8. and M. West part prim symbol lib. 2. sect 280. is descended from the Gottish word feudum which you haue interpreted in fee and signifieth donationem feudi But as M. West also addeth it signifieth in our common lawe any gift or graunt of any honors castels maners mesuages lands or other corporall and immoueable things of like nature vnto another in see simple that is to him and his heires for euer by the deliuerie of seisin and possession of the thing giuen whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in euery feofment the giuer is called the Feaffour feoffator and he that receiueth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference betweene a feoffour and a donour is that the feoffour giueth in fee-simple the donour in fee-taile lib. 1. cap. 6. Feodarie aliâs Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the master of the Court of wards and liueries by leters patents vnder the seale of that office His function is to be present with the Escheater at the finding of any office and to giue euidence for the king as well cōcerning the valew as the tenure and also to suruey the land of the ward after the office found and to rate it He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands with in his circuit and to answer them to the Receiuer of the court of wardes and liueries This officer is mentioned anno 32. H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat

hath in time wrought other vses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off intayles and with more certaintie to passe the interest or the title of any land or tenement though not controuerted to whome we thinke good either for yeares or in fee. In so much that the passing of a fine in most cases now is it but mera fictio iuris alluding to the vse for the which it was invented and supposing a doubt or controuersie where in truth none is and so not onely to worke a present prescription against the parties to the concord or fine and their heires but within fiue yeares against all others not expresly excepted if it be leuied vpon good consideration and without Couin as women couert persons vnder 21. yeares or prisoners or such as be out of the realme at the time when it was acknowledged Touching this mater see the statutes anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. anno 31. Elizab. ca. 2. This fine hath in it fiue essentiall parts the originall writ taken out against the conizour the kings licence giuing the parties libertie to accord for the which he hath a fine called the Kings siluer being accompted a part of the Crownes reuenew Thirdly the concord it selfe which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this maner Sc. Inter R. querentem S. E. vxorem eius deforciantes c. Fifthly the foot of the fine which beginneth thus Hac est finalis concordia facta in Curia domini Regis apud Westm à die Paschae in quindecim dies anno c. So as the foote of the fine includeth all containing the day yeare and place and before what Iustice the concord was made Coke vo 6. casu Teye fol. 38. 39. This fine is either single or double A single fine is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours or any of them A double fine containeth a graunt and render backe againe either of some rent common or other thing out of the land or of the land it selfe to all or some of the Cognizours for some estate limiting thereby many times Remainders to straungers which be not named in the writ of couenant West vbi supra sect 21. Againe a fine is of the effect deuided into a fine executed and a fine executory A fine executed is such a fine as of his owne force giueth a present possession at the least in law vnto 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 vpon acknowledgement that the thing mentioned in the concord be ius ipsius cognizati vt 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 cognizour Cokes reports li. 3. the case of fines fo 89. b. which is in very deed the surest fine of all Fines executorie be such as of their owne force doe not execute the possession in the Cognizeese as fines sur cognizance de droit tantùm fines sur done graunt release confirmation or render For if such fines be not leuied or such render made vnto them that be in possession at the time of the fines leuied the cognizees must needs siew writs of Habere facias seisinam according to their seuerall cases for the obtaining of their possessions except at the leuying of such executory fines the parties vnto whom the estate is by them limited be in possession of the lands passed thereby for in this case such fines doe inure by way of extinguishment of right not altering the estate or possession of the Cognizee but perchaunce bettring it West vbi supra sect 20. Touching the forme of these fines it is to be considered vpon what writ or action the concord is to be made and that is most commonly vpon a writ of couenant and then first there must passe a paire of indentures betweene the Cognizour and Cognizee whereby the Cognizour couenanteth with the cognizee to passe a fine vnto him of such or such things by a day set down And these indentures as they are first in this proceeding so are they saide to lead the fine vpon this couenant the writ of couenant is brought by the Cognizee against the cognizour who therevpon yeeldeth to passe the fine before the Iudge and so the acknowledgement being recorded the cognizout and his heires are presently concluded and all straungers not excepted after fiue yeares once passed If the writ wherevpon the fine is grounded be not a writ of couenaunt but of warrantia chartae or a writ of right or a writ of mesn or a writ of custome and seruices for of all these fines may also be founded West vbi supra sect 23. then this forme is obserued the writ is serued vpon the party that is to acknowledge the fine and then he appearing doth accordingly See Dier fo 179. nu 46. This word fine sometime signifieth a summe of money paide for an Income to lands or tenements let by lease sometime an amends pecuniarie punishment or recompence vpon an offence committed against the king and his lawes or a Lord of a maner In which case a man is said facere finem de transgressione cum Rege c. Regist Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning see Cromptons Iustice of peace fol. 141. b. 143. 144. and Lamberds Eirenarcha libro 4. ca 16. pa. 555. But in all these diuersities of vses it hath but one signification and that is a finall conclusion or ende of differences betweene parties And in this last sence wherein it is vsed for the ending and remission of an offence Bracton hath it li. 2. ca. 15. nu 8. speaking of a common fine that the Countie payeth to the king for false iudgemēts or other trespasses which is to be assessed by the Iustices in Eyre before their departure by the oath of knights and other good men vpon such as ought to pay it with whome agreeth the statute anno 3. Ed. pri ca. 18. There is also a common fine in leetes See Kitchin fo 13. a. v. common fine See Fleta l. 1. ca. 48. Fines pro licentia concordandi anno 21. H. 8. c. 1. See Fine Fine force seemeth to come of the french adiectiue fin and the substantiue force i. vis The adiectiue fin signifieth sometime as much as

the Mayor and the Aldermen for misgouernment within the citie Forbarre is for euer to depriue an 9. Ric. 2. ca. 2. Force Forcia is a french word signifiing vim nervositatem fortitudinem virtutem in our common lawe it is most vsually applied to the euill part and signifieth vnlawfull violence West thus defineth it Force is an offence by which violence is vsed to things or persons parte 2. symbol titulo Inditements sect 65. where also he diuideth it thus Force is either simple or compound Simple is that which is so committed that it hath no other crime adioyned vnto it as if one by force doe onely enter into an other mans possession without doing any other vnlawfull act there Mixt force is that violence which is committed with such a fact as of it selfe onely is criminall as if any by force enter into another mans possession and kill a man or ravish a woman there c. he farder diuideth it into true force and force after a sort and so proceedeth to diuers other braunches worth the reading as forcible entry forcible deteining vnlawfull assembly Rowtes Riets Rebellions c. Forcible deteining or withholding of possession is a violent act of resistance by strong hand of men weaponed with harnes or other action of feare in the same place or else where by which the lawfull entrie of Iustices or others is barred or hindred West parte 2. symbol titulo Inditements sect 65. M. of this see Cromptons Iustice of peace f. 58. b c. vsque ad 63. Forcible entrie Ingressus manu fortifactus is a violent actuall entrie into an house or land c. or taking a distresse of any person weaponed whither he offer violence or feare of hurt to any there or furiously driue any out of the possession thereof West parte 2 symbol titulo Inditements sect 65. L. of this see Cromptons Iustice of peace fol. 58. b. 59. c. vsque 63. It is also vsed for a writ grounded vpon the statute anno 8. H. 6. ca. 9. whereof reade Fitz. nat br at large fol. 248. See the newe booke of Entries verbo Forcible Entrie see Lamb. definitiō in certen cases Eiren. l. 2. c. 4. p. 145. Forein Forinsecus commeth of the french Forain i. exterus externus it is vsed adiectiuely in our common lawe and ioyned with diuers substantiues in sences not vnworthy the exposition as Forein mater that is mater triable in another countie pl. cor fo 154. or mater done in another countie Kitchin fol. 126. Foreinplea forinsecum placitum i. a refusal of the Iudge as incompetent because the mater in hand was not within his precincts Kitchin fol. 75. anno 4. H. 8. ca. 2. anno 22. eiusdem ca. 2. 14. Forein aunswer that is such an answer as is not triable in the countie where it is made anno 15. H. 6. ca. 5. Forein seruice forinsecum servitium that is such service whereby a meane Lord holdeth ouer of another without the compasse of his owne fee. Brooke titulo Tenures f. 251. nu 12. 28. Kitchin fol. 209. or else that which a tenent performeth either to his owne Lord or to the Lord paramount out of the fee. For of these seruices Bracton speaketh thus lib. 2. cap. 16. nu 7. Item sunt quaedam seruitia quae dicuntur forinseca quamvis sunt in charta de feoffamento expressa nominata quae ideo dici possunt forinseca quia pertinent ad Dominum Regem non ad dominum capitalem nisi cum in propria persona profectus fuerit in seruitio vel nisi cum pro seruitio suo satisfecerit domino Regi quocunque modo fiunt in certis temporibus cùm casus necessitas evenerit varia habent nomina diuersa Quandoque enim nominantur forinseca large sumpto vocabulo quoad seruitium domins Regis quandoque scutagium quandoque seruitium domini Regis ideo forinsecum dici potest quia fit capitur foris siue extra seruitium quod fit Domino capitali v. Broke Tenures 28. 95. Forein seruice seemeth to be knights seruice or Escuage vncertaine Perkins Reseruations 650. Forein attachement Attachiamentum forinsecum is an attachement of foriners goods found within a libertie or citie for the satisfaction of some citizen to whome the said foriner oweth money Forein Apposer forinsecarum oppositor is an officer in the exchequer to whom all shyreeues and baylifes doe repaire hy him to be opposed of their greene waxe and from thence draweth downe a charge vpon the shyreeue and baylife to the clerk of the pipe Forest Foresta is a french word signifiing a great or vast wood Lieu forestier saüuage locus syluestris saltuosus The writers vpon the common law define it thus Foresta est locus vbi ferae inhabitant vel includuntur glos in ca. cum dilecti extra de donatio Felinus in ca. Rodolphus versu quid autem Foresta extra de rescriptis speaketh to the same effect Some other writers doe say it is called foresta quasi ferarum statio vel tuta mansio ferarum But as it is taken with vs M. Manw. in his secōd part of forest lawes cap. 1. nu 1. thus defineth it A Forest is a certaine territorie of wooddy grounds fruitfull pastures priviledged for wild beasts and foules of forest chace and warren to rest and abide in in the safe protection of the King for his princely delight and pleasure which terrioritie of ground so priuiledged is meered and bounded with vnremoueable markes meeres and Boundaries either knowne by mater of record or else prescription and also replenished with wild beasts of Venerie or chase and with great coverts of vert for the succour of the said wild beasts to haue their aboad in for the preseruation continuance of which said place togither with the vert and venison there are certaine particular lawes priviledges and officers belonging to the same meete for that purpose that are onely proper vnto a forest and not to any other place The same definition he hath parte 1. pag. 139. which though it haue many superfluities yet it well expresseth the nature of the thing especially the explication adioyned which there is set downe by the said author in both places in his first part pag. 16. where he fetcheth a forest from such overgrowne antiquitie alledging for it the second booke of Kings ca. 2. ver 24. ca. 19. vers 23. and the 104. psalme vers 20. the 131. ver 6. he taketh licence to sport himselfe for though our english translation haue the word forest to expresse the vastnes of the desert yet if we looke to the originall Idiome we shall finde no more reason to call those places forests thē either chases or parks The maner of making forests as the same author well setteth downe parte 1. pag. 142. is this The king sendeth out his commissiō vnder the broad seale of England directed to certaine discreete persōs

falsi Falsi crimen propriè dicitur quod vtilitatis priuatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requiruntur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est punibilis Hostiensis Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any lands or tenements by vertue of any entayle growing from the statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is called forma donationis or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recouery of lands c. giuen to one and the heyres of his bodie or to a man and his wife and the heyres of their two bodies or to a man and his wife being cosin to the donour in franke mariage and afterward alienated by the Donee For after his decease his heyre shall haue this writ against the tenent or alience Fitz. nat br fol. 211. He maketh three sorts of this formdon in the descender The first is in the maner now expressed the second is for the heire of a coparcener that alienateth and dieth fol. 214 The third is called by him In simul tenuit fol. 216. which lyeth for a coparcener or heire in Gauelkind before partition against him to whome the other coparcener or heire hath alienated and is dead Formdon in the reuerter lyeth for the donour or his heires where land entayled to certaine and their issue with condition for want of such issue to reuert to the donour and his heires against him to whom the Donee alienateth after the issue extinct to which it was entayled Fitzh nat br fol. 219. Formdon in the remainder lyeth where a man giueth landes in tayle the remainder to another in tayle and afterward the former tenent in tayle dieth without issue of his bodie and a stranger abateth then he in the remainder shall haue this writ Fitz. nat br fol. 217. See the Register original fol. 238. 242. 243. of this see the new booke of Entries verb. Formdon Forsechoke seemeth to signifie originally as much as forsaken in our moderne language or derelictum with the Romaines It is especially vsed in one of our statutes for land or tenements seised by the Lord for want of seruices due from the tenent and so quietly held and possessed beyond the yeare and day As if we should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by lawe to recouerthem doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them See the statute anno 10. Ed. 1. cap. vnico Forstall is to be quit of amerciaments and catels arrested within your land and the amerciaments thereof comming New termes of lawe Forstalling forstallatio is partly french for Estaller is in that tongue as much as merces exponere expedire explicare or to shew wares in a market or faire It signifieth in our common law the buying or bargaining for any victuals or wares comming to be sould toward any faire or market or from beyond the seas toward any city port hauen creeke or roade of this realme and before the same be there anno 51. H. 3. stat 6. West parte 2. Simbol titulo indictments sect 64. Forstaller in Cromptons Iurisdiction fol. 153. is vsed for stopping of a deere broken out of the forest from returning home againe or laying betweene him and the forest in the way that he is to returne See Regratours and Engrossers See Cromptons Iustice of peace fol. 69. a. The author of the new terms of law defineth it thus Forstalling Forstallamentum is the buying of corne cattell or other merchandies by the way as it commeth toward the faire or market to be sould to the intent to sell the same againe at a more high and deere price Fleta saith thus of it significat obtrusionem vtae vel impedimentum transitus fugae aueriorum li. 1. cap. 47. Fortescue was a learned Lawyer Lord Chauncelor in Henry the 6. dayes who writ a booke in the commendation of our common lawes Fortlet forteletum commeth nete the french fortelet i. valenticulus forticulus and signifieth in our common lawe a place of some strength old nat br fol. 45. This in other countries is written fortalitium and signifieth castrum Scraderus select practabil quest § 12. nu 7. 8. Fother is a weight of twenty hundred which is a waine or cartloade Speight in his Annot. vpon Chawcer Fourche Assorciare seemeth to come of the french fourcher i. titubare liuguà and signifieth in our common lawe a putting off prolonging or delay of an action And it appeasieth no vnpleasant metaphor for as by stammering we draw out our speech not deliuering that we haue to say in ordinary time so by sourching we prolong a suite that might be ended in a shorter space To sourch by essoine Westm 1. cap. 24. anno 3. Ed. prim where you haue words to this effect Coparceners Ioint-tenants and Tenents in common may not sourch by essoine to essoine seuerally but haue only one essoine as one sole tenent may haue And anno 6. Ed. 1. ca. 10. you haue it vsed in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balles of great dogges feet in the forest See Expeditate And to be quit of footegeld is a priuiledge to keepe dogges within the forest vnlawed without punishment or controlment Cromptons Iurisdict fol. 197. Manwood parte pri of his forest lawes pag. 86. Fowles of warren See Warren Founder is he that melteth mettall and maketh any thing of it by casting it into a mold c. anno 17. Rich. 2. cap. 1. deriued of the verbe fundere to powre Franchise libertas franchesia commeth of the french franchise so signifiing it is taken with vs for a priuiledge or an exemption from ordinarie iurisdiction and sometime an immunitie from tribute It is either personall or reall Cromp. Iurisd fol. 141. that is belonging to a personimmediatly or else by meanes of this or that place or court of immunitie whereof he is either chiefe or a member In what particular things franchises commonly consist See Britton cap. 19. Franchise royall anno 15. R. 2. cap. 4. anno 2. H. 5. cap. 7. in fine seemeth to bee that where the kings writs runne not as Chester and Durham they are called Seignories royall an 28. H. 6. cap. 4. The authour of the new Termes of lawe saith that franches royall is where the King graunteth to one and his heires that they shall be quit of tolle or such like See franchise in the new booke of Entries See Bracton lib. 2. cap. 5. See Sac.

Frauk almoine libera Eleemozyna in french frank Ausmone signifieth in our common lawe a tenure or title of lands Britton cap. 66. nu 5. saith thus of it Franke almoyne is lands or tenements bestowed vpon God that is giuen to such people as bestow themselues in the seruice of God for pure and perpetuall almes whence the feoffours or giuers cannot demaund any terrestriall seruice so long as the lands c. remaine in the handes of the feoffees With this agreeth the grand custumary of Normandie cap. 32. Of this you may reade Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol. 211. See the new booke of Entries verbo Franke Almoine But Britton maketh another kind of this land c. which is giuen in almes but not free almes because the tenents in this are tyed in certain seruices to the feoffor Pritton vbisupra Frank bank francus bancus in true french franc banc signifieth word for word a free bench or seate and among our lawe writers it seemeth to be vsed for copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol. 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these wordes Consuetudo est in partibus illis quòd vxores maritorum defunctorum habeant francum bancum suum de terris sockmannorum tenent nomine dotis Fitzher calleth it a custome whereby in certaine cities the wise shall haue her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a libertie of free chase whereby all men hauing ground within that compasse are prohibited to cut downe wood or discouer c. without the view of the forester though it be his owne demesne Cromptons Iurisdictions fol. 187. Frank fee feudum francum seu liberum is by Brooke tit Dimesn num 32. thus expressed That which is in the hand of the King or Lord of any maner being auncient demesn of the Crowne viz. the Demesnes is called frank fee and that which is in the hands of the tenents is auncient demesn onely see the Register original fol. 12. a. Whereby it seemeth that that is frank see which a man holdeth at the common lawe to himselfe and his heires and not by such seruice as is required in auncient demesn according to the custome of the maner And again I find in the same booke fol. 14. b. a note to this effect that the lands which were in the handes of king Edward the Saint at the making of the booke called Doomesday is auncient demesn and that all the rest in the realme is called frank fee with the which note Fitzherb agreeth na br fol. 161. E. So that all the land in the realme by this reason is either auncient demesn or frank fee. The new expounder of the lawe termes defineth frank fee to be a tanure in fee simple of lands pleadable at the common lawe and not in auncient demesn See Fachineus lib. 7. cap. 39. who defineth feudum francum esse pro quo nullum seruitium praestatur Domino with whom agreeth Zasius de fendis parte 12. saying that therefore it is feudum improprium quia ab omni seruitio liberum Frank ferme Firma libera is land or tenement wherein the nature of fee is chaunged by feofment out of knights seruice for certaine yearely seruices and whence neither homage wardship mariage nor releife may be demaunded nor any other seruice not contained in the feofment Britton ca. 66. nu 3. see Fee ferme Frank law libera lex See Cromptons Iustice of peace fol. 156. b. where you shall finde what it is by the contrary For he that for an offence as conspiracy c. leeseth his franke lawe is said to fall into these mischiefs first that he may neuer be impaneled vppon any iury or assise or otherwise vsed in testifiing any truth Next if he haue any thing to doe in the kings court he must not approch thither in person but must appoint his attourney Thirdly his lands goods and chatelsmust be seised into the kings hands and his lands must be estreaped his trees rooted vp and his body committed to prison For this the said authour citeth the booke of Assises fo 59. Conspiracy F. 11. 24. Ed. 3. fo 34. See Conspiracy Frank mariage liberū maritagiū is a tenurein taile speciall growing from these words in the gift comprised Sciant c. me M. H de W. dedrsse concessisse praesenti charta mea confirmasse I. A. filio meo Margeriae vxori eius filiae verae T. N. in liberū marit agium vnum messuagium c. West parte i. Symbol li. 2. sect 303. The effect of which words is that they shall haue the land to them and the heires of their bodies and shall doe no fealty to the donour vntill the fourth degree See new Terms of law Glanuile li. 7. ca. 18. Bracton li. 2. ca. 7. nu 4. where he diuideth maritagium in liberum seruitio obligatum See Mariage Fleta giueth this reason why the heires doe no seruice vntill the fourth discent ne donatores vel eorum haeredes per homagii receptionem a reuersione repellantur And why in the fourth discent and downeward they shall doe seruice to the donour quia in quarto gradu vehementer praesumitur quòd terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frankpledge Franoiplegium is compounded of Franc. i. liber and pleige i. fideiussor and signifieth in our common law a pledge or surety for free men For the auncient custome of England for the preseruation of the publique peace was that euery free borne man at fourteene yeares of age after Bracton religious persons clerks knights and their eldest sonnes excepted should finde suerty for his truth toward the King and his subiects or else be kept in prison whereupon a certaine number of neighbours became customably bound one for another to see each man of their pledge forthcomming at all times or to answere the transgression committed by any broken away So that whosoeuer offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his aunswere or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. houshouldes And euery particular person thus mutually bound for himselfe and his neighbours was called Decennier because he was of one Decenna or another This custome was so kept that the shyreeues at euery county court did from time to time take the oaths of yonge ones as they grew to the age of 14. yeares and see that he were combined in one dozen or another whereupon this braunch of the shyreeues authority was called visus Franciplegu view of frankpledge See

enabled to hould certaine plees of land within their owne precincts This word Gildes or Guildes is so vsed anno 37. Ed. 3. ca. 51. anno 15. R. 2. cap. 5. And Gildhalda Teutonicorum is vsed for the fraternity of easterling merchaunts in London called the stilyard anno 22. H. 8. cap. octauo Ginger Zinziber is a spice well knowne being the roote of a plant that groweth in hot countries as Spaine Barbary c. The true forme whereof you haue expressed in Gerards herball li. 1. ca. 38. This is a spice whose roote is to be garbled anno 1. Iaco. ca. 19. Ginny peper piper de Ginnea is otherwise called Indian peper of the place whence it commeth The nature and farder description whereof you haue in Gerards herball lib. 2. ca. 66. This you haue mentioned among drugs and spices to be garbled in the statute i. Iaco. ca. 19. Gisarms anno 13. Ed. 1. stat 3. cap. 6. is a kinde of weapon Flet a writeth it Sisarmes lib. 1. ca. 24 § item quod quilibet Glaunce Ore Plowden casu Mines fo 320. b. Glanuill was a learned lawyer that was Chiefe Iustice in Henry the seconds dayes and writte a booke of the common lawes of England which is the auncientest of any extant touching that subiect Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He died in Richard the first his daies at the citie of Acres in the coast of Iury being with him in his voyage to the holy land Plowden casu Stowel fol. 368. b. Goe is vsed sometime in a speciall signification in our cōmon lawe as to go to God is to be dismissed the court Broke titulo Fayler de records num 1. Goe forward seemeth also to be a signe giuen by a Iudge to the Sergeant or Counceler pleading the cause of his client that his cause is not good For when he standeth vpon a point of lawe and heareth those words of the Iudges mouth he taketh vnderstanding that he looseth the action Smith de Repub. Anglo lib. 2. cap. 13. To go without day is as much as to be dismissed the court Kitchin fol. 193. Good behauiour See Good abearing Good abearing Bonus gestus is by an especiall signification an exact cariage or behauiour of a subiect toward the king and his liege people whereunto men vpon their euill course of life or loose demeanure are sometimes bound For as M. Lamberd in his Eirenarcha lib. 2. cap. 2. saith he that is bound to this is more strictly bound then to the peace because where the peace is not broken without an affray or batterie or such like this suretie de bono gestu may be forfeited by the number of a mans company or by his or their weapons or harnesse Where of see more in that learned Writer in the same chapter as also in M. Cromptons Iustice of peace fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127. Good country Bona patria is an Assise or Iury of country men or good neighbours Skene de verbo signif verbo Bona patria Graffer grafarius signifieth as much as a notarie or scriuener It commeth of the French greffier i. scriba actuarius This word is vsed in the statute anno 5. H. 8. c. 1. Graines grana paradisi aliâs Cardamomum is a spice medicinable and wholesome whereof you may see diuers kindes in Gerards herball l. 3. ca. 148. These are cōprised among merchādise that be to be garbled an● I. c. 19. Grand assise See Assise and Magna assisa Grand Cape see Cape and Attachment Grand Sergeanty See Chyvalrie Seargeantye Grand distresse Magna destrictio is a distresse taken of all the lands and goods that a man hath within the county or bayliwicke whence he is to be distrained Fleta li. 2. ca. 69. § penult See Distresse This word is vsed anno 51. H. 3. ca. 9. This falleth out when the defendant hath been attached and yet appeareth not vpō his attachment or whē he appeareth afterward makes default For then the Shyreeue is commanded to distreine the Defendant by all his goods and chatels and to answer the king the issues of his lands Grange grangia is a house or building not onely where corne is laide vp as barns be but also where there be stables for horses stalles for oxen and other catell sties for hogs and other things necessary for husbandry Lindwood ca. item omnes de iudiciis verbo Graungus in glossa Graunt Concessio grantum Glanvile signifieth specially in our common law a gift in writing of such a thing as cannot aptly be passed or conueyed by word only as rent reversions seruices advowsens in grosse common in grosse villein in grosse tythes c. or made by such persons as cannot giue but by deede as the king and all bodies politique which differences be often in speech neglected and then is it taken generally for euerry gift whatsoeuer made of any thing by any person and he that graunteth it is named the grauntour and he to whome it is made the Grauntee West parte i. symbol lib. 2. sect 334. A thing is said to lie in graunte which cannot be assigned with out deede Coke l. 3. Lincolnes Coll. case f. 63. a. Greate men are sometimes vnderstood of the laity of the higher house of parlament as anno 43. Ed. 3. ca. 2. anno 8. R. 2. in prooem and sometime of the knights c. of the lower house as anno 2. R. 2. stat 2. in princip Gree commeth of the French Grè i. sententia beneplaecitum It signifieth in our common law contentment or good liking as to make gree to the parties is to satisfie them for an offence done anno 1. Rich. 2. cap. 15. Greachbreach is breaking of the peace Saxon in the descriptiion of England ca. 11. v. Rastal titulo exposition of words The new expounder of lawe termes writeth it Grichbreach and giueth it the same signification See Greve Greene hewe is all one with vert Manwood parte 2. of his forest lawes cap. 6. nu 5. See Vert. Greene waxe seemeth to be vsed for estretes deliuered to Shyreeues out of the exchequer vnder the seale of that court to be levied in the county anno 42. Ed. 3. ca. 9. anno 7. H. 4. cap. 3. See Forein apposer Greue praepositus is a word of power and authoritie signifiing as much as Dominus or praefectus Lamberd in his exposi of Saxon words verbo Praefectus Where he seemeth to make it all one with Reve as I thinke vndoubtedly it is The Saxon word is Gerefa whereof we haue diuers words compounded as Shyreeue Portgreave c. which were wont of the Saxons to be written Scyrgerefa Portgerefa See Shyreeue and Portgreve See Roger Hoveden parte poster suorum annal fo 346. b. where he saith thus Greue dicitur ideo quod iure debeat grithe i. pacem ex illis facere qui patriae inferunt Vae i. miseriam vel malum Grithbreach

is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.

Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opiniō is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or assēt of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatiō and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre 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 Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to ●doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes Cōmodities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmēt of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and

to be very tenent to that Lord of whom he immediately holdeth So that if there be lord aboue lord mesn and tenent the lord aboue is not very lord to the tenent nor the tenent very tenent to the lord aboue Lord in grosse Fitz. nat br fol. 3. is he that is lord hauing noe maner as the king in respect of his crown idem f. 5. F. See him also fol. 8. A. B. where I finde a case wherein a priuate man is lord in grosse viz. a man maketh a gift in tayle of all the land hee hath to hold of him and dyeth his heire hath but a Seignorie in grosse Lorimers anno 1. R. 3. cap. 12. is one of the companies in London tha makeht bits for bridles of horses and such like The name seemeth to be taken from the latine lorum and is else where writen Lorinors Lotherwit aliâs Leyerwit is a libertie or priueledge to take amends of him that defileth your bondwoman without licence Rastall exposition of words It is an amends for lying with abondwoman Saxon in his description of England cap. 11. Some thinke it should be rather writen Legerwit For Leger is the Saxon word for a bedde or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit Lusernes See Furre Lushoborow is a base coine vsed in the daies of King Ed. the 3. coined beyōd Seas to the likenes of English money and brought in to deceiue the King and his subiects To auoide the which it was made treason for any man wittingly to bring in any such an 25. Ed. 3. stat 4. cap. secundo M MAcegriefs aliâs Macegrefs be such as willingly buie and sell stolen slesh Britton cap. 29. fo 71. b. Cromptons Iustice of peace fo 193. a. Magna assisa eligenda is a writ directed to the Shyreeue to summon foure lawful knights before the Iustices of Assise there vpon their oathes to chuse 12. knights of the vicenage c. to passe vpon the great assise betweene A. plaintife and B. defendant c. Register originall fol. 8. a. Magna Charta called in English the great charter is a charter conteining a number of lawes ordained the ninth yeare of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna charta was either for that it conteined the summe of all the writen lawes in England or else that there was another Charter called the Charter of the Forest established with it which in quantitie was the lesser of the two I reade in Holinshed that King Iohn to appease his Barons yelded to lawes or articles of gouernment much like to this great Charter but wee nowe haue noe auncienter writen lawe then this which was thought to be so beneficall to the sublect and a lawe of so great equitie in comparison of those which were formerly in vse that K. Henry the third was thought but hardly to yeld vnto it and that to haue the fifteenth peny of all the moueable goods both of the spiritualtie and temporaltie throughout his realme Holinshed in Henry the third And though this Charter consist not of aboue 37. chapters or lawes yet is it of such extent as all the lawe wee haue is thought in some sort to depend of it Polydorus and Holinshed vbi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbo signif verbo Machanium and signifieth a corporal hurt whereby a man looseth the vse of any member that is or might bee any defence vnto him in batel The Canonists call it membrimatilationem as the eye the hand the foote the scalpe of the head his foretooth or as some say of any finger of his hand Glanuile lib. 14. ca. 7. See Bracton at large lib. 3. tracta 2. cap. 24. nu 3. and Britton cap. 25. and Stawnf pl. cor lib. pri ca. 41. and the newe exposition of law Termes and the Mirrour of Iustices cap. d'homicid The grand Custumarie of Normandie cap. 6. calleth it Mahaignium and defineth it to be enormem laesionem All agree that it is the losse of a member or the vse thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus est pars corporis habens destinatam operationem in corpore where you may reade more of this point But if you will see it largely discussed look Vgolinus de irregularitatibus ca. 4. § 3. 4. 5. also read M. Skene vbi supra Mainour aliâs Manour aliâs Meinoure seemeth to come of the French Manier i. manu tractare attrectare or els of Ameuer i. abducere It signifieth in our common lawe the thing that a theefe taketh away or stealeth as to be taken with the mainor pl. cor fol. 179. is to be taken with the thing stolen about him and againe fol. 194. It was presented that a theefe was deliuered to the Vicount together with the Mainor thirdly fol. 186. If a man be indited that he feloniously stole the goods of another where in truth they bee his owne goods and the goods bee brought into the court as the manour and it be demaunded of him what hee saith to the goods and he disclaime them though he be quitted of the felonie he shall loose the goods and againe fol. 149. if the defendant were taken with the manour and the manour bee caried to the court they in auncient times would arraine him vpon the manour without any appeale or inditement I find this word vsed in the old nat br fol. 110. in this sort where a man maketh a thing by mainour or leuying or estopping in such case he shall haue Assise where it signifieth handie labour and is but an abbreviation of Mainovrey Mainovre see Minouerye Mainprise Manucaptio is compounded of two French words Main i. manus prins i. captus which is a participle of the verbe prendre i. capere excipere captare It signifieth in our common lawe the taking or receiuing a man into friendly custody that otherwise is or might bee committed to the mercie of the prison vpon securitie giuen for his forth comming at a day assigned as to let one to mainprise old nat br fol. 42. is to commit him to them that vndertake his apparence at the time appointed And they that do thus vndertake for any are called Mainpernouns because they do receiue him into their hands pl. cor fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an offence as by law he may be thus bayled For in many cases a man is not mainpernable whereof see Broke titulo Mainprise per totum and Fitz. nat br fol. 249. seqq M. Manwood in the first part of his Forest lawes pag. 167. maketh a great difference betweene Bayle and Mainprise For he that is mainprised quoth he is alwayes said to be at large and to goe at his owne libertie out of ward after the day is set to mainprise vntill the

day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme any thing but the body of a man and that mainpernours be those that free the body of a man And that pledges therefore belong properly to reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur ●i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmēt which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secōd such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth

whereby any preiudice losse hinderance or disherison shall be or grow to the king a. 33. H. 8. c. 33. Master of the horse is he that hath the rule and charge of the kings stable being an office of high accompt and alwaies bestowed vpon some Noble man both valiant and wise This Officer vnder the Emperours of Rome was called comes sacri stabuli The Master of the horse is mentioned anno 39. Eliz. cap. 7. anno prim Ed. 6. cap. 5. Master of the posts is an Officer of the Kings court that hath the appointing placing and displacing of all such through England as prouide post horse for the speedie passing of the kings messages and other businesse in the through-fayre townes where they dwell as also to see that they keepe a certaine number of conuenient horses of their owne and when occasion is that they prouide others wherewith to furnish such as haue warrant from him to take post horses either from or to the seas or other borders or places within the Realme He likewise hath the care to pay them their wages and make their allowance accordingly as he shall thinke meete This officer is mentioned anno 2. Ed. 6. cap. 3. Master of the armorie is he that hath the care and ouersight of his Maiesties armour for his person or horses or any other prouision or store thereof in any standing Armories with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39. Eliz cap. 7. Master of the Iewel house is an Officer in the Kings houshould of great credit beeing allowed bouge of court that is diet for himselfe and the inferiour Officers viz. Clerks of the Iewell house and a speciall lodging or chamber in court hauing charge of all plate of gold of siluer double or parcell guilt vsed or occupied for the Kings or Queenes board or to any Officer of accompt attendant in court and of all plate remaining in the Tower of London of cheynes and loose Iewels not fixed to any garment Mention is made of this Officer anno 39. Eliz. cap. 7. Master of the Kings houshould magister hospitii is in his iust title called grand Master of the Kings houshould and beareth the same office that he did that was wont to be called Lord Steward of the kings most honorable houshould anno 32. H. 8. ca. 39. Whereby it appeareth that the name of this Officer was then chaunged and Charles Duke of Suffolke President of the Kings Councell then enioying that office was so to be called euer after so long as he should poffesse that office Master of the Ordinance anno 39. El. cap. 7. is a great Officer to whose care all the Kings Ordinance and Artillerie is committed being some great man of the Realme and expert in marshall affaires Master of the Chauncery Magister Cancellariae is an assistant in Chauncerie to the Lord Chaunceler or Lord Keeper of the broad seale in maters of iudgement Of these there be some ordinarie and some extraordinarie of ordinarie there be twelue in number whereof some fit in court euery day thorough each Terme and haue committed vnto them at the Lord Chauncelers discretion the interlocutorie report and sometimes the finall determination of causes there depending Master of the Kings musters is a martiall officer in all royall armies most necessarie as well for the maintaining of the forces complete well armed and treined as also for preuention of such fraudes as otherwise may exceedingly waste the Princes treasure and extreamly weaken the forces He hath the ouersight of all the captaines and bands and ought to haue at the beginning deliuered vnto him by the Lord Generall perfect lists and rolles of all the forces both horse and foot Officers c. with the rates of their allowances signed by the Lord Generall for his direction and discharge in signifying warrants for their full pay This Officer is mentioned in the statue anno 2. Ed. 6. cap. 2. and Muster master generall anno 35. Eliz. cap. 4. who so desireth to reade more of him let him haue recourse to Master Digs his Stratioticos Master of the Wardrobe magster garderobae is a great and principall officer in Court hauing his habitation and dwelling house belonging to that office called the Wardrobe neere Puddle-wharfe in London He hath the charge and custodie of all former Kings and Queenes auncient robes remaining in the Tower of London and all hangings of Arras Tapestrie or the like for his Maiesties houses with the bedding remaining in standing wardrobes as Hampton court Richmond c. He hath also the charging and deliuering out of all either Veluet or Scarlet allowed for liueries to any of his Maiesties seruants of the priuie chamber or others Mention is made of this officer anno 39. Eliz. ca. 7. Mater in deede and mater of record are said to differ old nat br fol. 19. where mater in deede seemeth to be nothing else but a truth to be prooued though not by any Record and mater of Record is that which may be proued by some Record For example if a man be siewed to an exigent during the time he was in the kings warres this is mater in deede and not mater of record And therefore saith the booke he that will alledge this for himselfe must come before the Scire facias for execution be awarded against him For after that nothing will serue but mater of Record that is some errour in the processe appearing vpon the Record Kitchin fol. 216. maketh also a difference betweene mater of Record and a specialitie and nude mater where he faith that nude mater is not of so high nature as either a mater of Record or a speciality otherwise there called mater in deede which maketh mee to thinke that nude mater is a naked allegation of a thing done to be proued only by witnesses and not either by Record or other speciality in writing vnder seale Mauger is shuffied vp of two French words Mal and Gre id est animo iniquo it fignifieth with vs as much as in despight or in despight of ones teeth as the wife mauger the husbande Litleton fol. 124. that is whether the husbund will or not Meane Medius signifieth the middle betweene two extreames and that eitherin time or dignitie Example of the first His action was meane betwixt the disseisin made to him and his recouerie that is in the interim Of the second there is Lord Meane and Tenent See Mesn Mease Mesuagium seemeth to come of the French Maison or rather Meix which word I finde in Cassanaeus de consuetu Burgund pag. 1195. and interpreted by him Mansus what Mansus is see Mansiō It signifieth a house Kitchin fol. 239. and Fitzh nat br fol. 2. C. See Mesuage Medlefe Cromptons Iustice of peace fol. 193. is that which Bracton calleth medletum It. 3. tract 2. ca. 35. It seemeth to signifie quarels scuffling or brawling to be deriued from the French

verborum signif eodem He that layeth this pawne or gage is called the Mortgager he that taketh it the Mortgagee West par 2. symb titulo Fines sect 145. This if it containe excessiue vsurie is prohibited anno 37. H. 8. c. 9. Mortmaine Manus mortua is compounded of two french words Mort. i. mors and Main i. manus It signifieth in the common lawe an alienation of lands or tenements to any corporation guilde or fraternitie and their successours as Bishops parsons vicars c. which may not be done without licence of the king and the Lord of the maner The reason of the name proceedeth from this as I conceiue it because the seruices and other profits due for such lands as escheates c. comme into a dead hand or into such a hand as holdeth them and is not of power to deliuer them or any thing for them backe againe Magna charta cap. 36. anno 7. Ed. prim commonly called the statute of Mortmaine and anno 18. Ed. 3. statut 3. cap. 3. anno 15. Richard 2. cap. 5. Polydor. Virgill in the 17. booke of his Chronicles maketh mention of this lawe and giueth this reason of the name Et legem hanc manum mortuam vocarunt quòd res semel datae collegiis sacerdotum non vtique rursus venderentur velut mortuae hoc est vsui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic vt nihil possessionum ordini sacerdotali a quoquam detur nisi Regio permissu But the former statutes be some thing abridged by anno 39. Elizabeth cap. 5. by which the gift of lands c. to Hospitals is permitted without obteining of Mortmaine Hotoman in his commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae vsurpatur de ijs quorum possessio vt ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An vsusfructus 56. D. de vsufr legat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Iudiciis Haec Hotemanus read the rest Amortizatio est in manum mortuam translatio Principis iussu Petrus Belluga in speculo principum fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may reade a learned tractate both of the begicning and nature of this doctrine To the same effect you may read Cassa de consuetu Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive vniuersitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu a contrario sensu because communalties neuer die Mortuary Mortuarium is a gift lest by a man at his death to his parish church for the recompence of his personall tithes and offerings not duly payed in his life time And if a man haue three or more catell of any kind the best being kept for the lord of the fee as a Heriot the second was wont to be giuen to the persō in right of the church cap. statutum De consuetu in provincial Touching this you haue two statutes one anno 13. Ed. pri commonly called Circumspectè agatis whereby it appeareth that Mortuaries are suable in the court Christian the other anno 21. H. 8 cap. 6. whereby is set downe an order and rate in mony for mortuaries Mulier as it is vsed in the common lawe seemeth to be a word corrupted and vsed for Melior or rather the French Melieur It signifieth the lawfull issue preferred before an elder brother borne out of matrimony anno H. 6. cap. 11. Smith de repub Anglo lib. 3. cap. 6. But by Glanuile lib. 7 ca. pri the lawfull issue seemeth rather Mulier then Melior because it is begotten è Muliere and not ex Concubmâ for he calleth such issue filios mulierato● opposing them to bastards And Britton cap. 70. hath frere mulier i. the brother begotten of the wise opposit to frere bastard This seemeth to be vsed in Scotland also for M. Skene de verborum signifi verbo Mulieratus filius saith that Mulieratus filius is a lawful son begotten of a lawfull wife Quia mulieris appellatione vxor continetur l. Mulieris 13. ibid. glossa de verborum significatine Mulmutius lawes See Lawe Multure molitura vel multura commeth neare the French moulture and signifieth in our common lawe the tolle that the miller taketh for grinding of corne Murage muragium is a tolle or tribute to be leuied for the building or repayring of publike edifices or walles Fitz. nat br fol. 227. D. Murage seemeth also to be a libertie graunted by the King to a towne for the gathering of money toward walling of the same anno 3. Ed. 1. cap. 30. Murder murdrum is borowed of the French meurtrier i. carnifex homicida or meurtre i. internecio homicidium The new Expositour of the lawe termes draweth it from the Saxon word mordren signifying the same thing It signifieth in our common lawe a wilfull and felonious killing of any other vpon prepensed malice anno 52. H. 3. cap. 25. West part 2. symbol titulo Inditements sect 47. Bracton lib. 3. tract 2. cap. 15 num prim defineth it to be Homicidium quod nullo praesente nullo sciente nullo audiente nullo vidente clam perpetratur And of the same minde is Britton cap. 6. as also Fleta lib. 1. cap. 30. yet Fleta saith also that it was not murder except it were proued the partie slaine were English and no straunger But as Stawnf saith pl. cor lib. 1. cap. 2. the lawe in this point is altered by the statute anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined When a man vpon prepensed malice killeth another whether secrotly or openly it maketh no mater or be he an English man or a forainer liuing vnder the Kings protection And prepensed malice is here either expresse or implyed expresse when it may be euidently proued that there was formerly some euill will implyed when one killeth another sodainly hauing nothing to defend himselfe as going ouer a style or such like Crompton Iustice of peace in the chapter of Murder fol. 19. b. See M. Skene de verbor signif verbo Murdrum This by the Latine Interpretour of the graund Custumarie of Normandy is called multrum cap. 68. See Were Muster commeth of the French moustre i. specimen spectamen exemplum as feire moustre generale de toute son armee is as much as lustrare exercitum The signification is plaine Mustred of record anno 18. H. 6. cap. 19. seemeth to be dare nomen or to bee inrolled

praecepturum pro viribus opem impensurum vt ecclesiae dei omni populo Christiano vera pax omni suo tempore observetur Secundò vt rapacitates omnes iniquitates omnibus gradibus interdicat 3. vt in omnibus iudieiis aequitatem praecipiat misericordiam vt indulgeat et suā misericordiā clemens misericors Deus vt per Iustitiā suam firma gaudeant pace vniuersi And in the old abridgement of statutes set out in H. 8. daies I finde it thus described This is the oath that the King shall sweare at his coronation That he shall keepe and maintaine the right and the liberties of the holy church of old time graunted by the righteous Christian Kings of England and that he shall keepe all the lands honours and dignities righteous and free of the Crowne of England in all maner whole without any maner of minishment and the rights of the Crowne hurt decayed or lost to his power shall call againe into the auncient estate and that he shall keepe the peace of the holy church and of the clergy and of the people with good accord and that he shall doe in all his iudgements equitie and right iustice with discretion and mercie and that he shall graunt to hold the lawes customes of the realme and to his power keepe them and affirme them which the folke and people haue made and chosen and the euill lawes and customes wholly to put out and stedfast and stable peace to the people of this realme keepe and cause to be kept to his power and that he shall graunt no charter but where he may doe it by his oath All this I finde in the foresaide Booke titulo Sacramentum Regis and Charter of pardon quinto Oth of the Kings Iustices is that they well and truly shall serue the king and that they shall not assent to things that may turne to his dammage or disinheritance Nor that they shall take no fee nor liuerie of none but the king Nor that they shall take gift nor reward of none that hath adoe before them except it be meate and drinke of smal value as long as the plee is hanging before them nor after for the cause Nor that they shall giue councell to none in mater that may touch the King vpon paine to be at the kings will body and goods And that they shall doe right to euery person notwithstanding the Kings leters c. anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se Otho was a Deacon Cardinall of S. Nichens in carcere Tulliam and Legate for the Pope heere in England anno 22. H. 3. whose constitutions we haue at this day Stowes An. pa. 303. see the first constitution of the said Legat. Othobonus was a Deacon Cardinall of S. Adrian and the Popes legate heere in England anno 15. H. 3. as appeareth by the award made betweene the said King and his commons at Kenelworth his constitutions we haue at this day in vse Ouch anno 24. H. 8. ca. 13. Ouster le main Amouere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common law a Iudgement giuen for him that tendeth a trauers or sieweth a Monstrance de droit or petition For when it appeareth vpon the mater discussed that the King hath noe right nor title to the thing he seised then Iudgement shal be giuen in the Chauncery that the kings hands be amoued and thereupon Amoueas manum shal be awarded to the Escheatour which is as much as if the iudgement were giuen that he should haue againe his land v. Stawn praerog ca. 24. See anno 28. Ed. 1. stat 3. ca. 19. It is also taken for the writ graunted vpon this petition Fitzh nat br fol. 256. C. It is written oter le maine anno 25. Hen. 8. ca. 22. Ouster le mer vltra mare commeth of the French oultre i. vltra and le mer. i. mare and it is a cause of excuse or Essoine if a man appeare not in Court vpon Summons See Essoin Outfangthef aliâs vtfangthef is thus defined by Bracton li. 3. tra 2. ca. 34. vtfangthef dicitur latro extraneus veniens aliunde de terra aliena qui captus fuit in terra ipsius quitales habet libertates but see Britton otherwise fol. 91 b It is compounded of three Saxon words out i. extra fang i. capio vel captus and Thef i. fur It is vsed in the common law for a liberty or priuiledge whereby a Lord is inhabled to call any man dwelling within his owne fee and taken for felony in any other place and to iudge him in his owne court Rastals expos of words Owelty of seruices is an equality when the tenent parauaile oweth as much to the mesn as the mesn doth to the Lord paramont Fitzh nat br fol. 136 A. B. Outlawry vtlagaria is the losse or depriuation of the benefit belonging to a subiect that is of the Kings protection and the Realme Bracton li. 3. tract 2. ca. 11. num pri nu 3. Forisfacit vtlagatus omnia quae pacis sunt Quia a tempore quo vtlagatus est caput gerit lupinum ita quòd ab omnibus interfici possit impunè maxime si se defenderit vel fugerit ita quòd difficilis sit eius captio nu 4. Si autem non fugerit nec se defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outeparters anno 9. H. 5. ca. 8. seemeth to be a kind of theeues in Ridesdall that ride abroad at their best advantage to fetch in such catell or other things as they could light on without that liberty some are of opinion that those which in the forenamed statute are termed out-patters are at this day called out-putters and are such as set matches for the robbing of any man or house as by discouering which way he rideth or goeth or where the house is weakest fittest to be entred See Intakers Owtryders seeme to be none other but bayliffe errants employed by the Shyreeues or their fermers to ride to the fardest places of their counties or hundreds with the more speede to summon to their county or hundred courts such as they thought good to worke vpon anno 14. Ed. 3. stat 1. ca. 9. Oxgang of Land Bouata terrae Sixe oxgangs of land seeme to be so much as sixe oxen will plough Crompton iurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lyeth in gainour old nat br fol. 117. M. Skene de verbor significat verbo Bovata terrae saith that an oxen-gate of land should alway conteine 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See

Mons à mouendo Patronum faciunt dos aedificatio fundus saith the old verse Of lay patrons one writeth thus Quod autem a supremis pontisicibus proditum est ca. cùm dilectus extra de iure patronatus laicos ius habere presaentādi clericos Ordinarois hoc singulari favore sustinetur vt allectētur laici invitētur inducantur ad constructionē ecclesiarū c. quoniam eodem Nec omni ex parte ius patronatus spirituale censeri debet sed temporale potius spirituali annexum glos in c. piae mentis 16. qu. 7. These be Corasius words in his paraphrase ad sacerdotiorum materium parte pri cap. 2. and parte 4. cap. 6. in principio he thus writeth of the same mater Patroni in iure Pontificio dicuntur qui alicuius ecclesiae extruendae aut alterius cuiuscunque fundationis ecclesiasticae authores fuerunt ideoque praesentandi offerendi clericum ius habent quem ecclesiae vacanti praeesse in ea collatis reditibus frui velint Acquirunt autem hoc ius qui de Episcopi consensu vel fundant ecclesiam hoc est locum in quo templum extruitur assignant vel ecclesiam aedificant vel etiam constructas ecclesias ante consecrationem dotant vt non valde sit obscurum ius patronatus quo de agimus finire ius esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum qui consentiente Episcopo vel const●uxi● vel dot avit ecclesiam Pannage Pannagium aliâs pasnagium or pennagium as it is latined in pupilla oculi may be probably thought to come of the French panez or panets which is a roote something like a parsnep but somewhat lesse and ranker in taste which hogs in Fraunce feede vpon though it be eaten by men also and the French may seeme to come of the latine pamcium i. that which men vse in the steede of bread Isodorus or panicium of the French It signifieth in our common law the mony taken by the Agistors for the feede of hogs with the mast of the kings forest Crompton Iurisd fol. 165. Westm 2. cap. 25. anno 13. Ed. pri with whom M. Manwood parte pri of his forest lawes agreeth in these words Agistment is properly the common of herbage of any kinde of ground or land or woods or the money due for the same and pawnage is most properly the mast of the woods or lands or hedge-rowes or the money due to the owner of the same for it But this learned man in his second part cap. 12. where he writeth at large of this driueth the word from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the which I thinke he smiled himselfe when he set it downe Lindwood defineth it thus Panagium est pastus pecorum in nemoribus in syluis vtpote de glandibus aliis fructibus arborum syluestrium quarum fructus aliter non solent colligi titulo de decimis ca. sancta verb Pannagiis M. Skene de verborum signf calleth it pannagium and defineth it to be the duty giuen to the king for the pasturage of swine in his forest The French word for the same thing is panage or glandee i. glandatio vel glandium collectio pastio suum ex glandibus And we surely take it from the French whence they had it or what etimologie they make of it let themselues looke Peace pax in the generall signification is opposite to warre or strife But particularly it signifieth with vs a quiet and harmlesse cariage or behauiovr toward the king and his people Lamb. eirenarcha li. 1. ca. 2. pag. 7. And this is one way prouided for all men by oath as you may read in Frank pledge but more especially in case where one particular man or some few goe in daunger of harme from some other For vpon his oath made thereof before a Iustice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. c. 2. p. 77. See also Cromptons Iustice of peace fol. 118. b. c. vsque f. 129. This amōg the Ciuiliās is called cautio de non offendedo Gail de pace publ lib. pri c. 2. nu 〈◊〉 Peace of God and the church pax Dei ecclesiae is aunciently vsed for that rest which the kings subiects had from trouble and suite of law betweene the termes See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and securitie both for life and goods which the King promiseth to all his subiects or others taken to his protection See Suite of the kings peace This pointe of policie seemeth to haue beene borowed by vs from the Feudists for in the second booke of the seuds there is a chapter viz. the 53. chapter intituled thus De pace tenenda inter subditos iuramento firmanda vindicanda de poena iudicibus apposita qui cum vindicare Iustitiam facere neglexerint the contents of which chapter is a Constitution of Fredericke the first as Hotoman there proueth expounding it very learnedly and like himselfe Of this kings peace Roger Houeden setteth downe diuers branches parte poster suorum annalium in Henr. 2. fol. 344. a. b. and fol. 430. b. he mentioneth a sorme of an oth which Hubert Archbishop of Canterburie and chiefe Iustice of Englād in R. the first his daies sent through the whole realme to be taken by the kings subiects See Deciners See Suertie of peace There is also the peace of the Church for which see Sanctuarie And the peace of the kings high way which is the immunitie that the kings high way hath from all annoyance or molestation See Watling street The peace of the plowe whereby the plow and plow catell are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to haue their peace because noe man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedagium signifieth money giuen for the passing by foote or horse through any countrey extra de Censibus ca. Innovamus I reade not this word in any English writer but onely the author of the booke called pupilla oculi parte 9. cap. 7. A. D. I thinke we rather vse passage for it Pedagia dicuntur quae dantur â transeuntibus in locum constitutum à principe Et capiens pedagium debet dare saluum conductum territorium eius tenere securum Baldus in vsibus Feudorum de pa. iura fir § Conventionales Cassan de consuetud Burg. pag. 118. hath these wordes Pedagium a 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 securitie of ships that lye at harbour in any hauen So is the peere of Douer described in M. Camd. Brit. p. 259. in meo Peeres pares commeth of the French per. i. par it signifieth in

lyeth for the cognizee of a maner seignory cheife rent or other seruices to compell him that is tenent of the land at the time of the note of the fine leuied to atturne vnto him West parte 2. symbol titulo Fines sect 126. To the same effect speaketh the old nat br fol. 155. See also the new booke of Entries ver●● Per quae seruitia Perquisite perquisitum signifieth in Bracton any thing purchased as perquisitum facere 〈◊〉 2. cap. 30. nu 3. lib. 4. ca. 22. Perquisites of court be those profits that grow vnto the Lord of a maner by vertue of his Court Baron ouer and aboue the certaine and yearely profits of his land as escheats mariages goods purchased by villeines fines of copie houlds and such like New terms of the law Person See Parson Personable signifieth as much as inhabled to hould or mainetaine plee in a court for example The demaundant was iudged personable to maintaine this action old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien borne in Portingall without the ligeance of the King and Iudgement was asked whether shewould be answered The plaintife saith shee was made personable by Parlament that is as the Ciuilians would speake it habere personam standi in iudicio Personable is also as much as to be of capacitie to take any thing graunted or giuen Plowden casis Colthirst fol. 27. b. Personall Personalis hath in our common lawe one strange signification being ioyned with the substantiue things goods or Chatels as things personall goods personall Chatels personall for thus it signifieth any corporeall and moueable thing belonging to any man be it quicke or dead So is it vsed in West parte 2. symbol titulo Inditements sect 58. in these words Theft is an vnlawfull felonious taking away of another mans moueable personall goods and againe fol. 61. Larceny is a felonious taking away of another mans moueable personal goods Kitchin f. 139. In these words Where personall things shal be giuen to a corporation as a horse a cowe an oxe sheepe hogs or other goods c. and Stawnford pl cor fo 25. Contrectatio rei aliena is to be vnderstood of things personall for in things reall it is not felony as the cutting of a tree is not felony The reason of this application see in Chatell Personalty Personalitas is an abstract of persouall The action is in the personalty old nat br fol. 92. that is to say brought against the right person or the person against whome in lawe it lieth I find these contrary words Personalitas Impersonalitas in the author of the booke called vocabularius vtriusque iuris as for example Personalitas significatur per has dictiones tu mihi ego tibi cum alto significato quod probabiliter conclulitur si nullo modo concludatur tunc est Impersonalitas quia actum vitiat prout ratio dictat verbi gratia Ego stipulor constituis te mihi soluturum debitum a Titio mihi debitum Tu respondes Satisfiet Haec Impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lyeth for preb endaries or other spirituall persons being distreined by the shyreeue or collectours of fifteenths for the fiftenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pesterable wares seeme to be such wares as pester and take vp much roome in a shippe anno 32. H. 8. cap. 14. Peter pence Denar 〈…〉 Sancti Petri otherwise called in the Saxon tongue Roomfooh i. the see of Rome or due to Rome and also Romescot and Rome penning was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome in the yeare of our Lord. 720. which was a peny for euery house Lamberds explication of Saxon words verbo Numus whome see also fol. 128. in Saint Edwards lawes nu 10. where it is thus writen Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio Anglorum lege dabit denariū Sancti Petri lege Danorum dimidiam merkam Iste verò denarius debet summoniri in solennitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad vincula ita vt vltra illum diem non detincatur Si quispiam detinuerit ad Insticiam Regis 〈◊〉 deferatur quoniam denarius hic Rogis eleemmoz 〈…〉 est Iusticia verò faciat denarium 〈◊〉 dere foriffacturam Episcopi● Regis Quòd si quis domos plures had buerit de illa vbi residens fuerit infesto Apostolorum Petri Paul● denarium reddat See also King Edgars lawes fol. 78. cap. 4. which containeth a sharpe constitution touching this 〈…〉 ter Stowe in his Annals pag. 67. saith that he that had 20. peni worth of goods of one manes catell in his house of his own proper was to giue a p 〈…〉 at Lammas yearly See Romes 〈…〉 Petit Cape See Cape Petit Larceny parvum latr 〈…〉 nium See Larcenye Petit treason parua traditio in true French is petit trahizon 〈…〉 proditio minor treason in a lesser or lower kinde For whereas treason in the highest kinde is an offence done against the securitie of the common wealth West parte 2. symb titulo Indi●ements sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a seruant kill his master a wife her husband a secular or religious man his prelate anno 25. Edward 3. cap. 2. Whereof see more in Staw●f pl. cor lib. 1. cap. 12. See also Crom 〈…〉 Iustice of peace fol. 2. where he addeth diuers other examp 〈…〉 those of Stawnford For the punishment of petit treason see the statute anno 22. H. 8. cap. 14. and Crompton vbi supra Petition Petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one hauing iurisdiction But most especially it is vsed for that remedie which the subiect hath to helpe a wrong done or pretended to be done by the King For the King hath it by prerogatiue that he may not be siewed vpon a writ Stawnf praer cap. 15. whome also read cap. 22. And a petition in this case is either generall or speciall It is called generall of the generall conclusion set downe in the same viz. que le Roy lui face droit reison that the King doe him right and reason wherevpon followeth a generall indorsement vpon the same soit 〈◊〉 fait aux partis let right be done to the partise Petition special is where the conclusion is speciall for this or that and the Indorsment to that is likewise speciall See the rest cap. 21. Petra lanae a stone of wooll See Stone Philiser See Filazer Piccage Piccagium is money paid in faires for breaking of the ground to set vp

be either simple or with dignity Simple Prebends be those that haue no more but the reuenew toward their maintenance Prebends with dignity are such as haue some Iurisdiction annexed vnto them according to the diuers orders in euery seuerall church Of this see more in the title De praebendis dignitat in the Decretalls Alciat saith that praebenda in the plurall number and neuter gender was aunciently vsed as now praebenda in the singuler number and feminine gender is vsed parerg ca. 43. Praebendary praebendarius is he that hath a prebend See Praebend Praecept praeceptum is diuersly taken in the cōmon law sometime for a commaundement in wrighting sent out by a Iustice of peace or other for the bringing of a person one or more or records before him of this you haue examples of diuers in the table of the Reg. Iudiciall And this vse seemeth to be borowed from the customes of Lombardy where praeceptum signifieth scripturam vel instrumentum Hot. in verbis feudal libro 3. Commentariorum in libros fendorum in praefatione Sometime it is taken for the prouocation whereby one man inciteth an other to commit a felony as theft or murder Stawnf pl. cor fol. 105. Bracton calleth it praeceptum or mandatum lib. 3. tract 2. ca. 19. whence a man may obserue three diuersities of offending in murder Praeceptum fortia consilium praeceptum being the instigation vsed before hand fortia the assistance in the fact as help to binde the party murdered or robbed consilium aduise either before or in the deede The Ciuilians vse mandatum in this case as appeareth by Angelus in tracta de maleficus vers Sempronium Mandatorem Praeceptories anno 32. H. 8. cap. 24. were benefices in a kinde termed preceptories because they were possessed by the more eminent sort of the Templers whome the cheife master by his authoritie created and called praeceptores Templi Ioach. Stepha de Iurisdict li. 4. cap. 10. num 27. See Comaundry Praecipe quod reddat is a writ of great diuersitie touching both the forme and vse for beter declaration whereof see Ingressu and Entrie This forme is extended as well to a writ of right as to other writs of entry or possession old nat br fol. 13. and Fitzh nat br fol. 5. And it is called sometime a writ of Right close as a praecipe in capite when it issueth out of the court of common plees for a tenent holding of the King in cheife as of his Crowne and not of the King as of any honour castell or maner Register orig fol. 4. b. Fitzh nat br fol. 5. F. Sometime a writ of Right patent as when it issueth out of any Lords court for any of his tenents deforced against the deforcer and must be determined there Of this reade more at large in Fitzh nat br in the very first chapter or writ of all his booke Praemunire is taken either for a writ or for the offence wherevpon the writ is graunted The one may well enough be vnderstoode by the other It is therefore to be noted that the church of Rome vnder pretence of her supremacie and the dignitie of Saint Peters chaire grew to such an incroching that there could not be a benefice were it Bishoprick Abbathy or other of any worth here in England the bestowing whereof could escape the Pope by one meanes or other In so much as for the most part he graunted out Mandats of ecclesiasticall liuings before they were voide to certaine persōs by his buls pretēding therein a great care to see the Church prouided of a Successorbefore it needed Whence it grew that these kinde of Buls were called Gratiae expectativae or Prouisiones whereof you may reade a learned discourse in Duarenus that worthie Ciuilian in his tractat De beneficiis lib. 3. c. 1. and in his treatise De immunitate ecclesiae Gallicanae These prouisions wereso rife with vs that at the last King Edward the third that heroicall Prince not disgesting so intolerable an oppression made a statute in the 25. yeare of his reigne statuto 5. cap. 22. and another statuto 6. eiusdem anni cap. pri and a third anno 27. against those that drew the Kings people out of the Realme to answer of things belonging to the kings court and another anno 28. statu 2. 6. 1. 2. 3. 4. to the like effect whereby he greatly restained this libertie of the Pope Yet such was the wantonnesse that grew out of his power the num patiēce of princes in those daies that hee still advētured the continuance of these prouisions in so much as King Richard the second made likewise a statute against them in the 12. yeare of his reigne cap. 15. and the 13. yeare statut 2. ca. 2. making mention of the said first statute of Edward the third ratifiing the same and appointing the punishment of those that offēded against it to be perpetuall banishment forfeiture of their lands tenements goods and catels as by the same doth more at large appeare And againe in the 16. yeare of his reigne cap. 5. to meete more fully with all the shifts inuented to defraude these former statutes he expresseth the offence more particularly and setteth the same punishment to it that hee ordeined in the last former statute for there toward the ende he hath these words If any purchase or pursiew or do to be purchased or pursiewed in the court of Rome or els where any such translations processes and sentences of excommunication Buls Instruments or any other things c. After him K. H. the fourth in like maner greeued at this importuny by other abuses not sully mette with in the former statutes in the second yeare of his reigne cap. 3. 4. addeth certaine new cases and laieth vpon the offendours in them the same censure whereunto for shortnes sake I referre you admonishing likewise to adde the statute anno 9. eiusdem cap. pri anno 7. cap. 9. 8. anno 9. eiusdem cap. 8. anno 3. H. 5. cap. 4. Out of which statutes haue our professors of the common lawe wrought many daungers to the Iurisdiction ecclesiasticall thretning the punishment conteined in the statute anno 27. Ed. 3. 38. eiusdem almost to euery thing that the court Christian dealeth in pretending all things delt with in those courts to be the disherison of the Crowne from the which and none other fountaine all ecclesiasticall Iurisdiction is now deriued wheras in truth Sir Tho. Smith saith very rightly and charitablely that the vniting of the supremacie ecclesiasticall and temporall in the king vtterly voideth the vse of all those statuts Nam cessante ratione cessat lex And whatsoeuer is now wrought or threatened against the Iurisdiction ecelesiasticall by colour of the same is but in emulation of one court to another and by consequent a derogation to that authoritie from which all Iurisdiction is now deriued and the maintenance whereof was by those

dare bellum indicere belli indicenci licentiam alii dare pronunciare ita vt a sententia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae maiestatis legitimare per rescriptum eos qui extra legitimum matrimonium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest ius erigendi scholam quae hodie Vniuersitas vel Academia appellatur etiā ius creādi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones siue notarios ius dandi insignia nobilitatis siue nobiles creandi ius cudendae monetae noua vectigalia instituendi vel instituta vectigalia augendi Sixtinus vbi supra So that those other which are mentioned in libris feudorum and the interpreters of them are at the least for the most part iustly called regalia minora as armandiae viae publicae flumina nauigantia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona quae indignis auferuntur bona eorum qui incestum matrimonium contrahunt bona damnatorum proscriptorum angariae parangariae extraordinariae ad expeditionem imperatoris collationes potestas creandorum magistratuum ad iusticiam exequendam argentarie palatia in ciuitatibus constituta piscationum reditus salinarum reditus bona committentium crimen laesae maiestatis thesaurus inuentus By setting downe these regalities of both sorts as they are accoumpted in the Empire and other forein kingdomes they may be the more easily compared with our kings prerogatiues and so the differences noted betweene vs and them And whereas some things are before reckoned both inter regalia maiora minora the reader must vnderstand that this may be in diuers respects For example the power of raising a tribute or of coyning money is inter maiora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatiues belonging to the king of this land which doe not bring profit to his cofers immediately and therefore may be accoumpted inter regalia maiora or at the least in a middle or mixt nature or inter maiora minora because by a consequent they tend to the increase of the kings exchequer Of these such as I haue obserued in reading I will set downe as they come to my hands without farder curiosity in diuiding It is the kings prerogatiue that he may not be siewed vpon an ordinary writ as tenent to lands but by petition Plowd casu Walsingham fo 553. to haue a cecessary consent in the appropriation of all benefices Idem casu Grendon fol. 499. to waiue and to demurre and to pleade to the issue or to waiue the issue and to demurre vpon the plee of the aduers part yet not to chaunge the issue another terme after he and the aduers part be once at issue Idem casu Willion fol. 23. 6. a. casu Mines fol. 322. a. to be receiued in a suite before issue ioyned vpon an ayde prier Idem casu Dutchry of Lancaster fol. 221. b. to be neuer in nonage eodem fol. 218. b. that a man indicted may not wage battell with him Idem casu nimes fol. 335. b. that no man vpon any right may enter vpon him being in possession but must be put to suite Dyer fol. 139. nu 33. to seise the lands of his tenents that alienate without licence Plowd casu Mines fol. 322. a. that no subiect may wage his law against him Broke chosein action 9. Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his worde before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies case fol. 79. a. not to finde pledges for the persecuting of any action For he cannot be amerced Fitzh nat br fo 31. F. fo 47. C. to siew in what court he will Fitzh nat br f. 7. B. 32. E. to siew the writ Ne admittas after sixe monethes Regist orig fol. 31. a. that a mans villein hauing remained in his auncient demesn by the space of a yeare may not be recouered by the writ de natiuo habendo Fitzh nat br fol. 79. A. to graunt an office with the babendum post mortem alterius Dyer fo 295. nu 1. to shorten the ordinary time of summons being 15. daies in writ of right Brit. ca. 121. to giue what honour or place he listeth to his subiects anno 31. H. 8. ca. 10. to be owner of a forest See Forest to haue free warren See Warren Not to be owted of his free hould Cromptons Iustice of peace fol. 59. b. 16. a. to araigne a man being both a Traitor and a Felon rather vpon the treason than vpon the felony because he may haue the whole escheats Idem eodem fol. 99. a. to warrant the day of appearance to his subiect being in his seruice and summoned to appeare at a day certaine Fitzh nat br fol. 17. a. Diuers of these and many others did belong fisco imperatorum which you may finde in the Digest De iure fisci Co. lib. 10. tit 1. Besides these also many moe may be obserued to belong vnto our King out of lawes which I leaue to their collection that are of longer reading and more painefull industry Prerogatiue of the Archbishop of Canterbury or Yorke prarogatiua Archiepiscopi Cantuariensis seu Eboracensis is an especiall preeminence that these Sees haue in certaine cases aboue ordinary Bishops within their Prouinces And that of the Archbishop of Canterburie principally consisteth of these points First in the confirmation of all elections made of Bishops by the Deane and Chapter of all Cathedrall Churches as also the consecration of them Next in a power of visiting his whole Prouince of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiuing appeales from their courtes of assigning coadiutours to those Bishops that grow weake and insufficient to discharge their function of appointing Vicars generall to those that haue either none or an insufficient man employed in that office and of dispensing in all ecclesiasticall cases wherein the lawes beare dispensation of taking oath of euery Bishop at his confirmation to performe canonicall obedience vnto the See of Canterburie But thes seem to belong vnto him by an ordinarie archiepiscopall authority Certaine other things there be that appertaine vnto him more then ordinarily to other Archbishops as the originall calling of any person in any cause belonging to spirituall iurisdiction out of any part of his prouince though not appealed But this point is now limited by the Statute made anno 23. Henr. 8. ca. 9. The receyuing of an appeale from the lowest Iudge ecclesiasticall

within his prouince immediatly The appointing of a keeper or guardian of the spiritualties during the vacancie of any bishopricke By which means all episcopall rites of the Dioces for that time do belong vnto him as Visitation Institution to Benefices and such like The visitation of euery Diocesse within his prouince when in what order it pleaseth him As also of all other priuiledged Churches The probate of Testaments and graunting of administrations in case where the party deceased hath goods of any considerable valew out of the diocesse wherein he dyeth And that valew is ordinarily fiue pounds except it be otherwise by composition betweene the said Archbishop and some other Bishop as in the Diocesse of London it is tenne pounds The probate of euery Bishops Testament or the administration of his goods dying intestate though not hauing any goods chatels or debts without the compasse of his owne iurisdiction The bestowing of any one dignitie or prebend in any Cathedrall church vpon the creation of a new Bishop that himselfe thinketh good to make choice of There may be more particulars of this prerogatiue that I know not but these may be sufficient to expresse the thing that I desire to declare Who so desireth to reade these more at large and other priuiledges of this Church in temporall maters may resort to the booke intituled De antiquitate Britannicae Ecclesia nominatim de priuilegiis Ecclesia Cantuariensis historia and especially to the 8. chapter of the said booke pa. 25. Prerogatiue Court curia prerogatiuae Archiepiscopi Cantuariensis is the Court wherein all Wils be proued and all administrations taken that belong to the Archbishop by his prerogatiue which see in Prerogatiue And if any contention do grow betweene two or more touching any such will or administration the cause is properly debated determined in this Court The Iudge of this Court is called Iudex Curiae praerogatiuae Cantuariensis The Archbishop of Yorke hath also the like power and court which is tearmed his Exchequer but farre inferiour to this in countenance and profite Prescription praescriptio is a course or vse of any thing for a time beyond the memory of man as the exposition of the law terms doth define it Kitchin fol. 104. saith thus Prescription is when for continuance of time whereof there groweth no memory a perticuler person hath perticuler right against another perticuler person And custome is where by continuance of time beyond memorie diuers persons haue gotten a right with whome agreeth Sir Edward Cooke lib. 4. fol. 32. a. And vsage is by continuance of time the efficient cause of them both and the life of both prescription and custome Thus saith Kitchin But as in the Ciuill lawe so I think likewise in the common Prescription may be in a shorter time As for example where the Satute anno 1. H. 8. cap. 9. saith that all actions popular must be siewed within three yeares after the offence committed and the Statute anno 7. eiusdem cap. 3. That foure yeares being past after the offence committed in one case and one yeare in another no suite can be commenced and the Statute 31. Eliz. cap. 5. saith by way of correcting the two former statutes that all actions c. brought vpon any Statute the penaltie whereof belongeth to the King shall be brought within two yeares after the offence committed or else be voide And the Satute anno 39. Eliz. cap. prim secund saith that actions brought after two yeare by any common person or after three yeares by the king alone for decay of husbandry or tillage shall bee of noe force Whosoeuer offendeth against any such Statute and doth escape vncalled for two yeares or three yeares in one case of the two later of these three Statutes may iustly be said to haue prescribed an immunitie against that action The like may be said of the Statute made anno 23. Eliz. cap. prime which saith that all offences comprised in the Statute made in the 13. yeere of Eliz. cap. 2. are inquirable before both Iustices of peace and of Assise within one yeare and a day after the offence committed Also the title that a man obtaineth by the passing of fiue yeares after a fine acknowledged of any lands or tenements may iustly be said to be obtained by prescription And whereas the Statute anno 8. R. 2. cap. 4. saith that a Iudge or Clerke convicted for false entring of plees c. may be fined within two yeares the two yeares being ended he prescribeth against the punishment of the saide Statute and whereas the Statute anno 11. H. 7. saith that he which will complaine of maintenance or embracery whereby periurie is committed by a Iurie must doe it within sixe dayes those sixe daies ended the parties prescribe and whereas the statute anno prim Ed. 6. saith that a man being not indicted within 3 monethes of any offences there mentioned touching Seruice and Sacraments he shal be cleare from thence forward the three monethes being ended he prescribeth And the same may be said of the statute anno 5. Ed. 6. cap. 5. which saith that a man shall not be indited of any offence there mentioned touching the decay of tillage after 3. yeares And whereas it is ordeined by the statute anno 8. H. 6. cap. 9. that those which keepe possession of lands by force after 3. yeares possession held by themselues their auncestours shall not be subiect to the arbitrement of Disseisours there set down I hould this a prescription likewise against those censures v. anno 23. H. 6. ca. 15. Lastly a seruant prescribeth liberty after a yeare Bracton li. 1. ca. 10. nu 3. and the right that is gotten in any Stray to a Lord of a maner no man claiming it within the yeare and day after proclamation made is an vsucapion or prescription See Action perpetuall and temporall And see Cromptons Iustice of peace fol. 173. b. vbi habebis festum But see one rule for all in Lamb. Eirenarch li. 4. ca. 5. pa. 469. Of this prescription and the learning touching the same you may reade a solemne report in S. Ed. Cookes and Luttrels case vol. 4. fo 84. b. seqq Presentation Praesentatio is vsed properly for the act of a patron offering his Clerke to the Bishop to be instituted in a benefice of his gift the forme whereof see in the Register originall fol. 302. a. Presentment is a meere denuntiation of the Iurours themselues or some other offices as Iustice Constable searcher surueiours c. without any information of an offence inquirable in the court wherevnto it is presented See Lamberd Eirenarcha lib. 4. ca. 5. pa. 467. President Praeses is vsed in the Common law for the kings Liuetenent in any Prouince or function as President of Wales of Yorke of Barwick President of the Kings Councell anno 22. H. 8. cap. 8. anno 24. H. 8. cap. 3. 14. Preignotarie Protonotarius is a word that seemeth to be made

if they thinke good And the later course is taken most commonly where there is feare of strife and contention betweene the kindred and freinds of the party deceased about his goods For a will proued only in common forme may be called into question any time within 30. yeares after by common opinion before it worke prescription Procedendo is a writ whereby a plee or cause formerly called from a base court to the Chaūcerie Kings bench or commō plees by a writ of priuiledge or certiorare is released and sent downe againe to the same court to be proceded in there after it appeareth that the defendant hath no cause of priniledge or that the mater comprised in the bille be not well proned Brooke hoctitulo and Termes of lawe Cooke vol. 6. fol. 63. a. See anno 21. R. 2. cap. 11. in fine leters of procedendo graunted by the keeper of the priuie scale See in what diuersitie it is vsed in the table of the originall Register and also of the Iudiciall Proces Processus is the maner of proceeding in euery cause be it personall or reall ciuile or criminall even from the originall writ to the end Britton fol. 138. a. where in there is great diuersitie as you may see in the table of Fitzh br verbo Proces and Brookes Abridgement hoc titulo And whereas the wtitings of our common lawyers sometime call that the proces by which a man is called into the court and no more the reason thereof may be giuen because it is the beginning or the principall part thereof by which the rest of the busines is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diucrs kinds of proces vpon Inditements before Iustices of peace See in Cromptons Iustice of peace fol. 133. b. 134. 135. But for orders sake I referre you rather to M. Lamberd in his tractat of ptocesses adioyned to his Eirenarcha who acording to his subiect in hand diuideth criminall proces either into proces touching causes of treason or selonie and proces touching inferiour offēces the former is vsually a capias capias aliâs exigi facias The second is either vpon enditement or presentment or information that vpon enditement or presentment is all one and is either generall and that is a venire facias ' vpon which if the partie be returned sufficient then is sent out a Distringas infinite vntill he come if he be returned with a Nibil habet then ifsueth out a Capias Capias aliâs Capias pluries and lastly an Exigifacias The speciall proces is that which is especially appointed for the offēce by statute for the which he referreth his reader to the 8. Chapter of his 4. booke being very different Processium continuando is a writ for the continuance of a proces after the death of the cheife Iustice in the writ of oyer and terminer Register originall fol. 128. a. Prochein Amy Proximus amicus vel propinquior is word for word a neere freind It is vsed in our common lawe for him that is next of kinde to a childe in his nonage and is in that respect allowed by lawe to deale for him in the managing of his affaires as to be his Gardian if he hold of any in socage and in the redresse of any wrong done vnto him be it by his Gardian if he be ward and hold in Chiualrie or any others Statut. West pri cap. 48. 3. Ed. pri and Westm 2. cap. 15. anno 13. Ed. pri Profe aliâs Prove is vsed for an Enquest anno 28. Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publikely giuen of any thing whereof the King thinketh good to advertise his subiects So it is vsed anno 7. Rich. 2. ca. 6. Proclamation of rebellion is a publike notice giuen by the officer that a man not appearing vpon a Sub poena nor an attachment in the Starre Chamber or Chauncerie shal be reputed a rebell except he render himselfe by a day assigned Cromptons Iurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notice openly and solemnly giuen at all the Assises that shall be holden in the Countie within one yeare after the ingrossing of the fine and not at the foure generall quarter sessions And these proclamations be made vpon transcripts of the fine sent by the Iustices of the Common plees to the Iustices of Assise and the Iustices of peace West parte 2. symbol titulo Fines sect 132. where also you may see the forme of the proclamarion Proclamare est palā valde clamare vsed by Tullie Liuie and the Civilians Π. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causam agit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamatorem aut rabulam hoc sermone conquirimus c. I reade in Fitzh nat br fol. 85. C. that the kings proclamation is sufficient to stay a subiect from going out of the Realme See the force of proclamations anno 31. H. 8. cap. 8. see also Proclamations in diuers cases Newe booke of Enteries verbo Proclamation Procters of the clergie procuratores cleri are those which are chosen and appointed to appeare for cathedrall or other Collegiat churches as also for the common clergie of euery Dioces at the Parlament whose choice is in this sort First the king directeth his writ to the Archebishop of each province for the summoning of all Bishops Deanes Archdeacons cathedrall and collegiat churches and generally of all the clergie of his prouince after their best discretion and iudgement assigning them the time and place in the said writ Then the Archebishops proceede in their accustomed course One example may serue to shew both The Archebishop of Canterbury vpō his writ receiued directerh his leters to the Bishop of London as his Deane provincial 1. § statuimui de poenis verb. tanquam in glos first citing himselfe petemptorily and then willing him to cite in like maner all the Bishops Deanes Archedeacons cathedrall and collegiate churches and generally all the Clergie of his Prouince to the place and against the day prefixed in the writ But directeth withal that one Proctor sent for euery Cathedrall or Collegiat Church and two for the bodie of the inferiour Clergie of each Diocesse may suffice And by vertue of these leters authentically sealed the said Bishop of London directeth his like leters seuerally to the Bishop of euery Diocesse of the Prouince citing them in like sort and commaunding them not onely to appeare but also to admonish the said Deanes and Archdeacons personally to appeare and the Cathedral 〈…〉 and collegiat Churches as also the common Clergie of the Diocesse to send their Proctors to the place and at the day appointed and also willeth them to certifie the Archbishop the names of all and euery so monished by them in a shedule annexed to their leters certificatorie The Bishops proceed accordingly and the

a great summ of money to be paid for the pardoning of some heinous crime anno pri H. 4. cap. 7. Note that when one is to make fine and Ransome the Ransome shal be treble to the Fine Cromptons Iustice of peace fol. 142. a. and Lamb. Eirenarch lib. 4. ca. 16. pa. 556. Horne in his mirrour of Iustices maketh this difference betweene amerciament and ransome because ransome is the redemption of a corporall punishment due by law to any offence lib. 3. cap. de amerciament taxable Rape rapus vel rapa is a part of a county signifiing as much as a Hundred As Southsex is diuided into sixe parts which by a peculiar name are called rapes viz the Rape of Chichester of Arundell of Brember of Lewis of Peuersey of Hastings Camden Britan. pag. 225. whom also see pag. 229. These parts are in other places called Tithings Lathes or Wapentakes Smith de Repub. Anglo lib. 2. ca. 16. Rape raptus is a felony committed by a man in the violent deflowring of a woman be shee ould or young Britton cap. 1. whereof West parte 2. Simbol titulo Inditements secto 54. hath these words Copulation violent is termed a rape or rauishment of the bodie of a woman against her will which is carnall knowledge had of a woman who neuer consented thereunto before the fact nor after And this in Scotland ought to be complained of the same day or night that the crime is committed Skene de verborum significa verbo Raptus his reason quia lapsu diei hoc crimen prescribitur This offence is with vs Felony in the principall and his ayders anno 11. H. 4. cap. 13. anno pri Ed. 4. cap. pri Westm 2. cap. 13. But Fleta saith that the complaint must be made within fourty daies or els the woman may not be heard lib. 3. cap. 5. § Praeterea And carnall knowledge of a woman vnder tenne yeares ould is felony anno 8. Elizab. cap 6. Thus far M. West of the diuersity of Rapes see Cromptons Iustice of peace fol. 43. b. 44. See Rauishment The ciuile lawe vseth raptus in the same signification And rapere virginem vel mulierem est ei vim inferre violere Co. li. 9. de raptu virgines Raptu haeredis is a writ lying for the taking away of an heire houlding in Soccage and of this there be 2. sorts one when the heire is maried the other when he is not of both these see the Register originall fol. 163. b. Rastall was a Lawyer of reuerend accoumpt that liued in Queene Maries daies and was a Iustice of the common plees He gathered the statutes of the land into an Abridgement which carieth his name at this day He is also the author of the new booke of Entries Ratification ratificatio is vsed for the confirmation of a Clerk in a pre bend c. formerly giuen him by the Bishop c. where the right of patronage is doubted to be in the King Of this see the Register originall fol. 304. Rationabili parte bonorum is a writ that lyeth for the wife against the Executours of her husband denying her the third part of her husbands goods after debts and funerall charges defrayed Fitzh nat br fol. 222. Who there citeth the 18. chap. of magna charta and Glanuile to proue that according to the common law of England the goods of the deceased his debts first paid should be diuided into three parts whereof his wife to haue one his children the second and the Executours the third Fitzherbert saith also that this writ lyeth as well for the children as for the wife And the same appeareth by the Register originall fol 142. b. I haue heard some learned men say that it hath no vse but where the custome of the country serueth for it See the new booke of Entries verbo Rationabili parte et Rationabili parte bonorum Rationabilibus diuisis is a writ which lyeth in case where two Lords in diuers townes haue their seigneuries ioyning together for him that findeth his waste by litle and litle to haue bene encroched vpon within memory of man against the other that hath encroched thereby to rectifie the bounds of their seigneuries In which respect Fitzherbert calleth it in his owne nature a writ of right The old natura breuium saith also that this is a Iusticies and may be remoued by a pone out of the county to the common Bank See farder the forme and vse of this writ in Fitzh nat br fol. 128. and in the Register fol. 157. b. and the new booke of Entries verbo Rationabilibus diuisis The ciuilians call this Iudicium finium regundorum Rauishment raptus commeth of the French rauissement i. direptio ereptio raptio raptus raptura and signifieth in our law an vnlawfull taking away either of a woman or of an heire in ward Sometime it is vsed also in one signification with rape viz. the violent deflowring of a woman See Rape And thereupon is the writ called Rauishment de gard otherwise called de haerede abducto lying for the Lord whose tenent by reason of his tenure in Knights seruice being his ward is taken and conueied from him See Fitzh natu br in the writ De recto de custodia fol. 140. F. See also the old nat br fol. 92. 93. 94. See the new booke of Entries verbo Rape Rauishment de gard Rawe anno 4. Ed. 4. cap. 1. Rawnge commeth of the French Ranger i. astituere ordinare or else the Substantiue Rang. i. ordo series It is vsed in our common lawe both as a verbe as to Raunge and also as a substantiue as to make Rawnge charta de Foresta cap. 6. The word is appropriated to the Forest signifiing the office of the Rawnger The Rawnger is a sworne officer of the Forest of which sort there seeme to be twelue charta de Foresta cap. 7. whose authoritie is partly declared in his oath set downe by M. Manwood parte pri of his Forest lawes pag. 50. in these words You shall truly execute the office of a Rawnger in the Purlieuse of B. vpon the borders of the kings Forest of W. you shall rechase and with your hound driue backe again the wild beasts of the Forest as often as they shall raunge out of the same Forest into your Purlieuse You shall truly present all vnlawfull hunting and hunters of wild beasts of venerie as well within the purlieuse as within the Forest And these and all other offences you shall present at the Kings next court of Attachements or Swainmote which shall first happen so helpe you God But the same author setteth downe his office more particularly in his second part c. 20. n. 15. 16. 17. The summ wherof is this A Raunger is an officer of the Forest or to the Forest but not within the forest hauing no charge of vert but only of venison that commeth out of the forest into his charge or part of the pourallee to

sale conduct them back againe And therfore in those forests that haue no pouralleeses there be no Rawngers but Foristers serue the turne This Raunger is made and appointed by the King his leters patents vnder the great seale and for his beter incouragement in his dutie he hath a yearely fee of 20. pound or 30. pound paid out of the Exchequer and certaine fee Deere both redde and falow His office consisteth cheifely in these three points ad perambulandum quotidie per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quàm de malefactoribus in Balliua sua ad refugandum feras Forestae tam veneris quàm chaseae de terris deafforestatis in terras afforestatas and ad praesentandū omnes transgressiones Forestae in terris deafforestatis factas ad proximas curias illius Forestae tentas Rawnsom See Ransom Ray seemeth to be a word attributed to cloth neuer coloured or died v. anno 11. H. 4. cap. 6. Realtie See Royaltie Reasonable ayde Rationabile auxilium is a duty that the Lord of the fee claimeth holding by Knights seruice or in soccage to marie his daughter or to make his sonne Knight Westm 1. cap. 39. See Ayde See Brooke titulo Reasonable aide Reattachement Reattachiamentum is a second attachement of him that was formerly attached and dismissed the court without day as by the not cōming of the Iustices or some such like casualtie Brooke tit Reattachment where he maketh a Reattachment generall and a Reattachment speciall Reattachment general seemeth to be where a man is reattached for his appearance vpon all writs of Assise lying against him Brooke eodem nu 14. Then speciall must be for one or more certaine Register Iudiciall fol. 35. See the newe booke of Entrise verbo Reattachment Rebellion Rebellio is a French word signifiing the taking vp of armes against the King or present estate This French commeth from the Latine Rebellio which signifieth a second resistance of such as being formerly ouercome in battaile by the Romanes yeelded themselues to their subiection The French men and we vse it generally for the traiterous taking vp of armes against the estate be it by naturall subiects or by others formerly subdued Reade more of this lib. 3. feudorum cap. 61. and Hotoman vpon the same chapter See the writ of Rebellion Rebell is sometime attributed to him that wilfully breaketh a lawe anno 25. Ed. 3. cap. 6. anno 31. eiusdem stat 3. c. 2. sometime to a villein disobeying his Lord a. 1. R. 2. c. 6. Rebellious Assembly is a gathering together of 12. persons or more intending or going about practising or putting in vre vnlawfully of their owne authoritie to chaunge any lawes or statutes of this Realme or to destroy the inclosure of any park or ground inclosed or bankes of any fisheponds pale or conduict to the intent the same shall remaine voide or to the intent vnlawfully to haue common or way in any of the said grounds or to destroy the Deere in any Park or any warrē of conies or deuehouses or fish in any pondes or any house barnes mils or bayes or to burne stacks of corne or to abate rents or prices of victuals an pri Mar. c. 12. an 1. Eliza. cap. 17. See West parte 2. symbol titulo Inditem 〈…〉 s. Sectio 65. And Cromptons Iustice of peace f. 41. b. Rebutter commeth of the French Bouter i. pellere impellere propellere intrudere and signifieth in our common lawe the same thing For example a man giueth land to him and the issue of his body to antoher in fee with warranty And the Donnee leaseth out this land to a third for yeares The heire of the Donour impleadeth the tenent alleadging that the land was intailed to him The Donee commeth in and by vertue of the warrantie made by the Donour repelleth the heire because though the land were intailed to him ye● he is heire to the warranty likewise and this is called a Rebutter See Brooke titulo Barre nu 13. And againe if I graunt to my tenent to hould sine impetitione vasti and afterward I implede him for waste made he may debarre me of this action by shewing my graunt and this is likewise a Rebutter Idem eodem nu 25. See the newe booke of Entries verbo Rebutter Renant anno 32. H. 8. ca. 2. Recaption Recaptio signifieth a second distresse of one formerly distreined for the selfe same cause and also during the plee grounded vpon the former distresse It likewise signifieth a writ lying for the party thus destreined the forme and farder vse whereof you may see in Fitzh nat br fol. 71. and the Register orig fol. 86. and the Register Iudiciall fol. 69. and the new booke of Entries verbo Recaption Receyver Receptor or Receptator generally and indefinitely vsed is as with the Ciuilians so also with vs vsed commonly in the euill part for such as receiue stollen goods from theeues and conceale them l. 1. Π. de receptatoribus but annexed to other words as the receiuer of rents c. it signifieth many times an officer of great accoumpte belonging to the king or other great personage Cromptons Iurisdict fol. 18. There is also an officer called the Reiceiuer of Fynes who receiueth the mony of all such as compound with the King in the office of the finances for the buying of any lands or tenements houlden in Capite West parte 2. symbol titulo Fines sect 106. Receiuer of all offices accounptable anno 1. Ed. 4. ca. 1. Receiuer generall of the Duchy of Lancaster is an officer belonging to the Duchy court that gathereth in all the reuenewes and fines of the lands of the said Duchy and of all forfeitures and assesments or what else is thence to be receiued Receiuer generall of the court of Wards and liueries is an officer belonging to that court that is to receiue all rents revenewes and fines of the lands belonging to his maiesties wards as also the fines for licences to the Kings widowes to mary of ouster le main sued out and for idiots and lunatikes land and finally all other profits whatsoeuer in mony arising to his maiestie out of or by reason of the court of wards and lyveries Receiuer generall of the Muster rolles anno 35. El. ca. 4. Receiuer generall of the Duchie of Lancaster of the wards and liveries anno 39. Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stirre out of his house or cloyster Litleton fol. 92. Recognisance Recognitio commeth of the French Recognoisance i. agnitio recognitio and in our common lawe is thus defined A Recognisance is a bond of record testifing the recognizour to owe vnto the recognizee a certaine summe of money and is knowledged in some court of record or before some Iudge or other officer of such court hauing authoritie to take the same as the Masters of the Chancerie the Iudges of

either Bench Barons of the Exchequer Iustices of peace c. And those that be meere recognisances are not sealed but inrolled And execution by force thereof is of all the recognisours goods and chatels except his draught beasts and implements of husbandrie and of the moitie of his lands West parte prim symb lib. 2. titulo Recognisances sect 149. And of these you may see there great diuersitie of presidents Note farder that a Recognizance though in the speciall signification it do but acknowledge a certaine debt and is executed vpon all the goods and halfe the lands of the recognisour yet by extention it is drawne also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register original fol. 146. 151. 252. and by West vbi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these wordes in the statute West 1. c. 36. anno 3. Ed. 1. It is prouided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with roberie of any maner of goods or moueables by recognisance of Assise of nouel disseisin the iudgement shall c. In which place it is vsed for the verdict of the twelue men empaneled vpon an Assise which twelue are also called recognitours of the Assise Litleton fol. 72. So also Bracton calleth them lib. 5. tractat 2. cap. 9. num 2. in these words In essonio verò reddendo exigentur omnes illi quos causa tetigerit sicut particeps Warantus alii vt supra Recognitores in Assisis Iuratores in Iuratis Inquisitores in Inquisitionibus c. And againe lib. 3. tract prim cap. 11. num 16. See the Statute anno 20. Ed. prim stat 4. See the newe book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the common Bench for the sending of a record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appeare it may be disanulled Register original fol. 183. a. b. Recognitours recognitores is a word vsed for the Iurie empaneled vpon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongs signifieth an authenticall or vncontroulable testimonie in writing Britton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the Grand Custumarie of Normandie there are seuerall Chapters of diuers records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. chapter where you haue wordes to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he haue one other witnesse This record may he and other make if he himselfe will not make it it may be made by three others And his person may not bee impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffise to make a record in the Exchequer The next how many in an assise c. I find not that wee in our Courts especially the Kings Courts stand much vpon the number of recorders or witnesses for the strength of the testimonie 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. Britton in the Proeme of his booke saith that the Iustices of the Kings Bench haue a record the Coroner Vicount Iustices of the Exchequer Iustices of Goale deliuerie the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings leters patents in those causes they haue commission to take knowledge of All which as I take it must be vnderstood with that caueat of Brooke titulo Record num 20 22. that an act committed to writing in any of the Kings Courts during the terme wherein it is written is alterable and no record but that terme once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proofe to the contrarie Yet see Sir Edward Cookes Reports lib. 4. Rawlins case fol. 52. b. ann 12. Ed. 2. cap. 4. It is said that two Iustices of either Bench haue power to record Non suites Defaults in the countrey It appeareth by Bracton lib. 5. tract 2. c. 1. 11. that quatuor milites babent recordum being sent to view a partie essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Seruiens Hundredi habet recordum in testimonio proborum honinum And in the Statute of Carleil made anno 15. Ed. 2. it is said that one Iustice of either Bench with an Abbot or a Prior or a Knight or a man of good same and credence hath a record in the view of one that is said by reason of sicknesse to be vnable to appeare personally for the passing of a fine And anno 13. H. 4. cap. 7. anno 2. H. 5. cap. 3. that two Iustices of peace with the Shyreeue or Vndershyreeue haue power to record what they find done by any in a ryot or route c. That which is before mentioned out of Britton touching the Shyreeue seemeth to be limited by Fitzh nat br fol 81. D. Who alloweth him a Record in such maters onely as he is commaunded to execute by the Kings writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheatour and Shyreeue be not Iustices of record but officers of record In which words he signifieth that their testimony is authenticall onely in some certaine things that are expresly inioyned them by vertue of their Commission as ministers to the King in his higher Courts whereas Iustices of record haue in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commaunded Fitzherbert in his Nat br fo 82. in principio something explaneth this point writing to this effect Euery act that the Shyreeue doth by vertue of his commission ought to be taken as mater of record no lesse then the Iustices of peace His reasons be two the former he cause his patent is of record the other because he is a conseruatour 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. ca. 3. anno 13. Ed. 1. But it seemeth by Britton cap. 27. that it is onely in these causes whereof the Shyreeue houldeth plee by especiall

in the reuersion commeth in and prayeth to be receiued to defend the land and to plead with the Demandant Many more you may haue in Brooke titulo Resceite fol. 205. See Perkins Dower 448. ●eceit is also applied to an admittance of plee though the controuersie be but betweene two onely Brooke estoppell in many places Resceyt of homage is a relatiue to doing homage for as the Tenent who oweth homage doth it at his admission to the land so the Lord receiueth it Kitchin fol. 148. See Homage Rescous Rescussus commeth of the French Rescourre se Rescourre du danger i. asserere se ab iniuria It signifieth in our common law a resistance against a lawfull authoritie as for example if a Baylife or other officer vpon a writ doe arrest a man and another one or more by violence doe take him away or procure his escape this act is called a Rescus Cassanaeus in his booke de consuetud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations do vse this word in the same signification that we doe or the very like It is also vsed for a writ which lyeth for this act called in our lawyers latine Breue de rescussu whereof you may see both the forme and vse in Fitzh nat br fol. 101. and the register originall fol 125. See the new booke of Entries verbo rescous This rescous in some cases is treason and in some felony Crompton Iustice fol 54. b. Reseiser reseisire is a taking againe of lands into the Kings hands whereof a generall liuery or ouster le main was formerly missued by any person or persons and not according to forme and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir i. residere and signifieth a mans aboad or continuance in a place Old nat br fo 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custome of speach tyeth that onely to persons ecclesiasticall Reseruation signifieth that rent or seruice which the graunter in any graunt tyeth the grauntee to performe vnto him or them or the Lord Paramonte Perkins reseruations per totum Residence residentia commeth of the Latine residere and is peculiarly vsed both in the Canon and Common lawe for the continuance or abode of a Parson or Vicar vpon his benefice The default whereof except the partie be qualified and dispenced with is the losse of tenne pounds for euery moneth anno 28. Henr. 8. cap. 13. Resignation resignatio is vsed particularly for the giuing vp of a Benefice into the hands of the Ordinarie otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by vse more restreined to the yeelding vp of a spirituall liuing into the hands of the Ordinarie and Surrender to the giuing vp of temporall lands into the handes of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he hath supremam authoritatem Ecclesiasticam as the Pope had in time past Plowden casu Grendon fol. 498. a. Resort is a word vsed properly in a writ of ayle or cousenage as discent is in a writ of right Ingham Respectu computi Vice-comitis habendo is a writ for the respiting of a Shyreeues accompt vpon iust occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 279. Respight of homage respectus homagii is the forbearing of homage which ought first of all to be performed by the tenent that holdeth by homage Which respight may be occasioned vpon diuers good reasons but it hath the most frequent vse in such as hold by Knights seruice in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certaine times in the yeare some small summe of money to be respighted vntill the Prince may be at leasure to take it in person Responsions responsiones seeme to be a word vsed properly and especially by the knights of S. Iohn of Ierusaiem for certaine accompts made vnto them by such as occupied their landes or stockes anno 32. H. 8. cap. 24. Responsalis is he that commeth for another at the day assigned for his appearance in Court Bracton Fleta seemeth to make a difference betweene atturn atum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came onely to alledge the cause of the parties absence be he the demandant or tenent and responsalis came for the tenent not onely to excuse his absence but also to signifie what triall he meant to vndergoe viz. the combat or the countrie lib. 6. cap. 11. § Si autem A man in auncient time could not appoint an Atturney for him without warrant from the king Fleta eodem cap. 13. in fine See Atturney This word is vsed in the Canon lawe Et significat procuratorem vel eum qui absentem excusat cap. Cùm olim propter extra de rescript Restitution restitutio is a yeelding vp againe of any thing vnlawfully taken from another It is vsed in the common law most notoriously for the setting him in possession of lands or tenements that hath bene vnlawfully disseised of them which when it is to be done and when not see Cromptons Iustice of peace fol. 144. b. c. vsque 149. Restitutione extracti ab Ecclesia is a writ to restore a man to the Church which he had recouered for his sanctuarie being suspected of felonie Register ori fol. 69. a. Restitutione temporalium is a writ that lyeth in case where a man being elected and confirmed Bishop of any Diocesse and hath the Princes royall assent thereunto for the recouery of the temporalities or Baronie of the said Bishopricke with the appurtenances And it is directed from the King to the Escheatour of the Countie the forme whereof you haue in the Regist origin fol. 294. and in Fitz. nat br fol. 169. Where you may read also that it lyeth for those Abbots and Priors newly elected and confirmed that were of the kings foundation Resummons resummonitio is compounded twice that is of re sub and Moneo and signifieth a second summons and calling of a man to answer an action where the first summons is defeated by any occasion as the death of the partie or such like Brook tit See Resummons fol. 214. See of these foure sorts according to the foure diuers cases in the Table of the Register Iudiciall fol. 1. See also the new booke of Entries verbo Reattachement Resummons Resumption resumptio is particularly vsed for the taking again into the Kings hands such land or tenements as before vpon false suggestion or other error he had deliuered to the heire or graunted by leters

such condition The difference betweene a Remainder and a Reversion is that a Remainder is generall and may be to any man but to him that graunteth or conueieth the land c. for terme of life onely or otherwise a Reuersion is to himselfe from whome the conveiance of the land c. proceeded and commonly perpetuall as to his heires also Litleton fol. 112. in fine See Cooke lib. 2. Sir Hugh Cholmleis case fol. 51. a. And yet a Reuersion is sometime confounded with a remainder Cooke li. 2. Tookers case fol. 67. b. Plowden casu Hille fol. 170. b. what this word Reuersion in a deede doth carie See Litleton lib. 2. ca. 12. Revocation Revocatio is the calling backe of a thing granted Of these you haue diuers in the Register originall as Reuovocationem brevis de audiendo terminando fol. 124. Revocationem praesentationis fol. 304 305. Revocationem protectionis fol. 23. Revocationem specialium Iusticiariorum quia c. fol. 205. Reviving is a word metaphorically applied to rents and actions and signifieth a renewing of them after they be extinguished no lesse then if a man or other liuing creature should be dead and restored to life See diuers examples in Brooke titulo Revivings of rents actions c. fol 223. Rewardum See Regard Reweye anno 43. Elizab. cap. 10. Rie is a Saxon word signifiing as much as Regnum in Latine Camd. Britan. pag. 346. Riens passe perle fait is a forme of an exception taken in some cases to an action See Brooke titulo Estaunger al fait or Record Riens dans le gard was a chalenge to a Iurie or Enquest within London for that foure sufficient men of liuelyhood to the yearely value of fortie shillings aboue all charges within the same City and dwelling and hauing within the same ward weare not impanelled therein But it is abrogated by the statute anno 7. H. 7. cap. 4. Rier countie Retrocomitatus seemeth to come of the French Arriere i. posterior and in the statute anno 2. Ed. 3. cap. 5 is opposite to the open countie And by comparison of that statute with Westm 2. cap. 38. it appeareth to be some publique place which the Shyreeue appointeth for the receipt of the kings money after the ende of his Countie Fleta saith that it is dies crastinus post comitatum lib. 2. cap. 67. § Quia Iusticiarii Right Rectum See Recto Ridings be the names of the parts or diuisions of Yorke shire being three in number viz. West riding East riding and North riding Camd. Britan. pag. 530. This word is mentioned in the statute anno 22. H. 8. cap. 5. 23. H. 8. cap. 18. and M. West parte 2. symbol titulo Inditements saith that in Inditements within that Countie it is requisite that the towne and the Riding be expressed sect 70. Q. Right in the Court anno 6. R. 2. stat 1. cap. 12. See Rectus in Curia Ringhead anno 43. Elizab. cap. 10. Riot Riottum commeth of the French Rioter 〈…〉 rixari It signifieth in our common lawe the forcible doing of an vnlawfull act by three or more persons assembled togither for that purpose Westm parte 2. symbol titulo Inditements sect 65. P. The differences and agreements betweene a Riot a Rout and vnlawfull assembly See in M. Lamb. Eirenarcha lib. 2. cap. 5. c. See the statute 1. M. 1. cap. 12. Kitchin fol. 19. who giueth these examples of Riots the breach of inclosures or banks or conduicts parks pownds houses barnes the burning of stacks of corne M. Lamberd vbi supra vseth these examples to beate a man to enter vpon a possession forcibly See Route and vnlawfull assembly See also Cromptons Iustice of peace diuers cases of Riots c. fol. 53. See Trihings Ripiers Riparii be those that vse to bring fish from the sea coast to the inner parts of the land Camd. Britan. pag. 234. It is a word made of the latine Ripa Rise oriza is a kinde of corne growing in Spaine Asia and India with the which both good foodes and medicines be made whereof if you desire farder knowledge reade Gerards herball lib. 1. cap. 52. This is mentioned among merchandize to be garbled in the statute anno 1. Iaco. cap. 19. Roag Rogus seemeth to come of the French Rogue i. arrogans It signifieth with vs an idle sturdie beggar that wandring from place to place without pasport after he hath beene by Iustices bestowed vpon some certaine place of aboade or offered to be bestowed is condemned to be so called who for the first offence is called a Roag of the first degree and punished by whipping and boring through the grissell of the right eare with a hot yron an inch in compas for the secōd offence is called a Roag of the second degree and put to death as a felon if he be aboue 18. yeares ould See the statute anno 14. Elizab. cap. 5. 18. eiusdem cap. 3. anno 36. cap. 17. If you will know who be Rogues and to be punished as Rogues by lawe Reade Lamberds Eirenarcha lib. 4. cap. 4. See Rout. Robberie Robaria commeth of the French Robbe 1. vestis and in our common lawe a felonious taking away of another mans goods from his person or presence against his will putting him in feare and of purpose to steale the same goods West parte 2. symbol titulo Inditments sect 60. This is sometime called violent theft Idem eodem which is felonie for two pence Kitchin fol. 26. and 22. lib. Assis 39. Robaria is a word vsed also in other nations as appeareth by the annotations vpon Mathaeus de Afflictis descis 82. nu 6. pag. 122. See Skene verbo Reif libro de verbo significat See Cromp. Iustice of peace f. 30. b. Roberdsmen anno 5. Ed. 3. cap. 14. anno 7. R. 2. cap. 5. M. Lamb. interpreteth them to be mighty theeues Eironarch lib. 2. cap. 6. pag. 190. Rodknights aliâs Radknights are certaine seruitours which hould their lands by seruing their Lord on horseback Bracton lib. 2. cap. 36. nu 6. faith of them debent equitare cum Domino suo de manerio in manerium vel cum Domini vxore Fleta lib. 3. cap. 14. § Continetur Rodde Pertica is otherwise called a pearche and is a measure of 16. foote and an halfe long and in Stafford Shire 20. foote to measure land with See ●earch Rofe tyle aliât Creast tyle is that tyle which is made to lay vpon the rudge of the house anno 17. Ed. 4. cap. 4. Rogation weeke dies rogationum is a time well knowne to all being otherwise called Gang weeke The reason why it is so termed is because of the especiall deuotion of prayer and fasting then inioyned by the Church to all men for a preparatiue to the ioyfull remembrance of Christs glorious ascension and the descension of the holy Ghost in the forme of cloven tongues shortly after And in that respect the solemnization of carnall matrimony is forbidden

Kings house anno 25. Ed. 3. statute 5. ca. 21. Stillyard Guilda Theutonicorum anno 22. H. 8. ca. 8. anno 32. eiusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almaine anno pri Ed. 6. cap. 13. Are wont to haue their aboade see Geld. It is so called of a broad place or courte wherein steele was much sould vpon the which that house is now founded Nathan Chitraens See Hawnse Stone of woll Petra lanae see weights See Sarpler It ought to weigh fourteene pounds yet in some places by custome it is more See Cromptons Iustice of peace fol. 83. b. Straife alias Stray See Estrae Straites anno 18. H. 6. ca. 16. Streme workes is a kinde of worke in the Stannaries for saith M. Camden titulo Cornwall pag. 119. Horum Stannariorum siue metallicorum operum duo sunt genera Alterum Lode-works alterum streme-works vocant Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur fluuiorum alueos subinde deflectunt illud in locis aeditioribus cùm in montibus puteos quos Shafts vocant in magnam altitudinem defodiunt cuniculos agunt These you may read mentioned anno 27. H. 8. ca. 23. Stirks Strip See Estreapement Stuard alias steward senescallus seemeth to be compounded of Steede and ward and is a word of many applications yet alway signifieth an officer of cheife accoumpte within the place of his sway The greatest of these is the Lord high Steward of England whose power if those antiquities be true which I haue read is next to the kings and of that heighth that it might in some sort match the Ephori amongst the Lacedemonians The custome of our commonwealth hath vppon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but onely for the dispatch of some especiall businesse at the arraignment of some Noble man in the case of treason or such like which once ended his commission expireth Of the high Steward of Englands Court you may reade Cromptons Iurisdiction fol. 82. I haue reade in an auncient manuscript of what credit I know not that this officer was of so great power in auncient times that if any one had sought iustice in the Kings court and not found it he might vpon complaint thereof made vnto him take those petitions and reseruing them to the next Parlament cause them there to bee propounded and not onely so but also in the presence of the King openly to rebuke the Chaunceler or any other Iudge or officer whom he found defectiue in yeelding iustice And if in case the Iudge or officer so reprehended did alledge that his defect grew from the difficultie of the case insomuch as he durst not aduenture vpon it then the case being shewed and so found the Lord steward together with the Constable of England there in the presence of the King and Parlament might elect 25. persons or more or fewer according to their discretion and the case or cases in question some Earles some Barons some Knights some Citizens and Burgesses which vpon deliberation should set downe what they thought iust and equal and their decree being read and allowed by Parlament did stand as a law for euer fardermore if the Chaunceler or other Iudge or officer could not well approue that the delay of iustice complained of grew from iust difficultie by reason that the case in question was formerly determined by lawe or statute then might the steward on the Kings behalfe admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parlament was wont to remoue him and assigne another of better hope to the place Lastly if the king had about him any such euill Counceller as aduised him to things vniust or vnanswerable to his Maiestie as tending either to the disherifon of the Crowne publike hurt or destruction of the subiect The office of the Steward was taking to him the Constable and other great men with some of the Commons and giuing notice to the King of their intention to send to that Counseler and will him to desist from misleading the king yea if need so required to charge him to stay no longer about him but to depart from the Court which if he neglected to performe then they might send to the King and will him to remoue him and if the king refused then they might take him as a publike enemie to the King and Realme seise on his goods and possessions and commit his body to safe custody vntill the next Parlament there to be Iudged by the whole kingdome examples are brought of Godwin Earle of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earle of the same County in the reigne of Henry the third and of Peter Gaueston in Edward the seconds daies But experience as I said hath found this officer more daungerous then profitable and therefore hath time taught though not wholly to suppresse him yet to limite him to particular occasion and to restraine his power Then is there the Steward of the Kings most honourable houshould anno 24. H. 8. cap. 13. whose name is changed to the name of great Master anno 32. eiusdem cap. 39 But this statute was repealed by anno prim Mar. 2. Parlam cap. 4 and the office of the Lord Steward of the Kings houshold reuiued where you may at large reade diuers things touching his office As also in Fitzh nat br fol. 241. B. Of this Officers auncient power reade Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33. H. 8. cap. 12. To be short this word is of so great diuersitie that there is not a corporation of any accompt or house of any honour almost through the realme but it hath an officer toward it of this name A steward of a maner or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienare It signifieth in our Language generally a man borne out of the land or vnknowne but in the lawe it hath an especiall signification for him that is not priuie or a party to an act as a Straunger to a iudgement oldna br fol. 128. is he to whome a iudgement doth not belong And in this signification it is directly contrarie to partie or priuie See Priuie Submarshall submarescallus is an officer in the Marshal sea that is deputie to the chiefe Marshall of the Kings house commonly called the Knight Marshall and hath the custody of the prisoners there Cromptons Iurisdict fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chauncerie vpon such case onely as the common lawe faileth in and hath not prouided

for so as the partie who in equitie hath wrong can haue none ordinary remedie by the rules and course of the common lawe West part 2. symbol titulo Proceedings in Chauncerie sect 18. where you may reade many examples of such cases as sub poena lyeth in There is also a sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chauncerie as in orher courts And the name of both these proceede from words in the writ which charge the partie called to appeare at the day and place assigned sub poena centum librarum c. I find mention of a common sub poena in Cromptons Iurisdict fol. 33. which signifieth nothing else but such a sub poena as euery common person is called by into the Chauncerie whereas any Lord of Parlament is called by the Lord Chauncelers leters giuing him notice of the suit intended against him and requiring him to appeare Crompton eodem Subsidie subsidium commeth of the French subside signifying a taxe or tribute assessed by Parlament and graunted by the commons to be leuied of euery subiect according to the value of his lands or goods after the rate of 4. shillings in the pound for land and 2. shillings 8. pence for goods as it is most commonly vsed at this day Some hold opinion that this subsidie is graunted by the subiect to the Prince in recompence or consideration that whereas the Prince of his absolute power might make lawes of himselfe he doth of fauour admit the consent of his subiects therein that all things in their owne confession may be done with the greater indifferencie The maner of assessing euery mans lands or goods is this first there issueth a Commission out of the Chauncerie to some men of honour or worship in euery Countie by vertue thereof to call vnto them the head Constables or Bayliffes of euery Hundred and by them the Constable and three or foure of the substantiallest housholders in euery towne within their hundred at a day certaine which men so called or so many of them as the Commissioners thinke good to vse do rate the inhabitants of their owne towne in such reasonable maner as they find meete yet by the discretion of the said Commissioners And then euery man after his value set downe must at his time pay to the Collectour appointed after the rate aforesaid Yet in auncient time these subsidies seeme to haue beene graunted both for other causes as in respect of the Kings great trauell and expences in warres or his great fauours toward his subiects as also in other maner then now they be as euery ninth Lambe euery ninth fleece and euery ninth sheafe anno 14. Ed. 3. stat prins cap. 20. And of these you may see great varietie in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certaine rate but euen as the two houses shall thinke good to conclude Subsidie is in the statute of the land fometime confounded with custome anno 11. H. 4. cap. 7. See Beneuolence Suretie of peace securitas pacis is an acknowledging of a bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha li. 2. cap. 2. pag. 77. This peace may a Iustice of peace commaund either as a Minister when he is willed so to doe by a higher authoritie or as a Iudge when he doth it of his owne power deriued from his commission Of both these see Lamberd Eirenarcha lib. 2. ca. 2. pag. 77. see Peace see Supplicauit Suffragan Suffraganeus is a titular Bishop ordeined and assisted to aide the Bishop of the Dioces in his spirituall function c. Suffraganeus Extra de electione For the Etimology Suffraganes dicuntur quia eorum suffragiis causae ecclesiasticae iudicantur Ioach. Stephanus de Iurisd li. 4. ca. 16. nu 14. It was inacted anno 26. H. 8. ca. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Dioces and to present them to the King that he might giue the one of them such title stile name and dignity of sease in the saide statut specified as he should think conuenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our common law a following of another but in diuers senses the first is a suite in lawe and is diuided into suite reall and personall Kitchin fol. 74. which is all one with action reall and personal Then is there suite of Court or suite seruice that is an attendance which a tenent oweth at the court of his Lord. Fitzh nat br in Indice verbo Suite suyte seruice and suyte reall anno 7. H. 7. cap. 2. The newe expositour of lawe Termes maketh mention of foure sorts of suites in this signification Suite couenant suite custom suite reall and suite seruice Suite couenant he defineth to be when your auncester hath couenanted with mine auncester to siew to the court of mine auncesters Suite custome when I and mine auncesters haue beene seised of your owne and your auncesters suite time out of minde c. Suite reall when men come to the Shyreeues Turne or Leete to which court all men are cōpelled to come to knowe the lawes so that they may not be ignorant of things declared there how they ought to be gouerned And it is called reall because of their allegance And this appeareth by common exeperience when one is sworne his oath is that he shall be a loyall and faithfull man to the King And this suite is not for the land that he holdeth within the Countie but by reason of his person and his aboade there and ought to be done twice a yeare for default whereof he shall be amerced and not distreined I thinke this should be called rather regall or royall because it is performed to the King for royall The French word in the vsuall pronuntiation commeth neere to reall the leter o being almost suppressed see Leete Suyte seruice is to siew to the Shyreeues Turn or Leete or to the Lords court from three weekes to three weekes by the whole yeare And for default thereof a man shall be distreined and not amercied And this suite seruice is by reason of the tenure of a mans land Then doth suite signifie the following of one in chace as fresh suite West 1. c. 46. a. 3. Ed. 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. ca. pri anno 21. eiusdem cap. 15. anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace by treasons insurrectiōs rebelliōs or trespasses Summoneas is a writ Iudiciall of great diuersitie according to the diuers cases wherein it is vsed which see in the table of the Register Iudiciall Summoner summonitor

high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife 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 maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier 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 vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum