Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant and endowed it with such Royal Right as the County Palatine of Chester had And for as much as it was afterward extinct in the Person of King Henry the Fourth by reason of the Union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. fol. 202. Duplicat Is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a Case wherein he had formerly done the same and was therefore thought void Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
Charter of Feossment if all the witnesses to the Deed be deed then Violent Presumption which stands for a proof is continual and quiet Possession Coke on Littl. lib. 1. ca. 1. sect 1. Praesumptio stat in dubio it is doubted of yet it is accounted Veritatis comes quatenus in contrarium nulla est probatio ut regula se habet Stabitur praesumptio donec probetar in contrarium Presumption was anciently taken for intrusion Assultus Roberia Sterbrech Praesumptio terrae vel pecunia Regis Thesaurus inventus c. LL. Hen. 1. cap. 11. De his quae sunt de Jure Regis Pretensed Right Jus Pretensum Is where one is in possession of Lands or Tenements and another who is out claims it and sues for it here the Pretensed Right or Title is to be in him who so does sue and claim Price See Value Pricked-bread Molendinario septem panes de Conventu septem panes de Pricked-bread Monast Angl. 1 Part. fol. 496. b. Quaere Pride-gabel In the Mannor of Rodeley in Com. Gloc. is paid to this day as a Rent to the Lord of the Mannor by certain Tenants in duty and acknowledgment to him for their liberty and priviledge of Fishing for Lamprays in Severn Prid for brevity being the later syllable of Lamprid as anciently they were called and Gavel a Rent or Tribute Taylors Hist of Gavelkind fol. 112. Primo Beneficio See Beneficio Primage Anno. 32 Hen. 8. ca. 14. Is a duty due to the Mariners and Sailers for the Loading of any Ship at the setting forth from any Haven which is in some places a penny in the pound in others six pence per Pack or Bale according to the Custom of the place Primier Seisin Prima Seisina i. The first Possession Was a Branch of the Kings Prerogative whereby he had the first possession of all Lands and Tenements holden of him in cheif whereof his Tenant died seised in Fee and consequently the Rents and Profits of them until the Heir if he were of age did his homage if under age until he were But all charges arising by Primier Seisins are taken away by the Stat. 12 Car. 2. cap. 24. Prince Princeps Is sometimes taken for the King himself but more properly for the Kings Eldest Son who is Prince of Wales as the Eldest Son to the French King is called Dauphine both being Princes by their Nativity Ferns Glory of Generosity pag. 138. Before Edward the Second was born at Carnarvan and was the first Prince of Wales the Kings Eldest Son was called Lord Prince Stamf. Praerog ca. 22. fol. 75. See 27 Hen. 8. ca. 26. And 28 Ejusdem ca. 3. Principal Principalium An Heir-lome Quod vide In Urchenfield Com. Heref. certain Principals as the best Beast best Bed best Table c. pass to the eldest Childe and are not subject to Partition Also the cheif person in some of the Inns of Chancery is called Principal of the House See Ancient Principality of Chester Anno 21 Rich. 2. ca. 9. See County Palatine and Cromp. Jurisd fol. 137. Prior perpetual or Dative and removeable Anno 9 Rich. 2. ca. 4. And 1 Edw. 4. ca. 1. Lord Prior of Saint Johns of Jerusalem Anno 26 Hen. 8. ca. 2. See Abbot Priors Aliens Priores Alieni Were certain Religious Men born in France and Normandy and Governors of Religious Houses erected for Outlandish Men here in England which were by Henry the Fifth thought no good Members for this Land and therefore suppressed whose Livings were afterwards by Henry the Sixth given to other Monasteries and Houses of Learning Stows Annals pag. 582. And 1 Hen. 5. ca. 7. but specially to the erecting of those two famous Colledges called The Kings Colledges of Cambridge and Eaton 2 Part Inst fo 584. Priority Prioritas Signifies an Antiquity of Tenure in comparison of another less ancient As To hold by Priority is to hold of a Lord more anciently than of another Old Nat. Br. fo 94. So to hold by Posteriority is used in Stamf. Praerog ca. 2. fol. 11. The Lord of the Priority shall have the custody of the Body c. Cromp. Juris fol. 120. See Posteriority Prisage Prisa Fr. Pris Is that Custom or Share that belongs to the King or Lord Admiral out of such Merchandises as are taken at Sea by way of lawful Prize which is usually a Tenth part 31 Eliz. ca. 5. Prisage of Wines Anno 1 Hen. 8. ca. 5. Is a word almost out of use now called Butlerage because the Kings cheif Butler receives it which is a Custom whereby the King challenges out of every Bark loaden with Wine containing Twenty Tuns or more two Tun of Wine the one before the other behinde the Mast at his price which is Twenty shillings for each Tun yet this varies according to the Custom of the place for at Boston every Bark laden with Ten Tuns of Wine or above pays Prisage See Butlerage and Calthrops Reports fol. 20. And 4 Part Inst fol. 30. MEmorandum quod Rex habet ex antiqua consuetudine de qualibet Nave Mercatoris Vini 6 Careat Applican infra aliquem portum Angliae de viginti doliis duo dolia de decem doliis unum de Prisa Regia pro quodam certo ab antiquo constitut solvend P. Rec. 20 R. 2. Prise Prisa From the Fr. Prendre i. Capere Signifies in our Statutes the things taken of the Kings Subjects by Purveyers Anno 13 Edw. 1. ca. 7. and 28 Ejusdem stat 3. ca. 2. It signifies also a Custom due to the King An. 25 Ejusdem ca. 5. Reg. of Writs fol. 117. b. In forancis paginis antiquis says the Learned Spelman Prisae plerumque intelliguntur de annonae reique frumentariae captionibus aliis etiam necessariis ad alenda instruendaque castrorum praefidia nec non regiam familiam minori quam justo pretio agricolis areptis c. In Rescripto quodam Anno 3 Edw. 1. Norf. ss Rogerus de Monte alto qui sororem haeredem Hugonis de Albeney c. desponsaverat clamat habere libertates has subscriptas viz. Castellum suum de Risinge cum Prisis 40 dierum c. Ubi clausulam cum Prisis 40 dierum intelligo de libertate capiendi victualia quae vocant ad sustentationem praesidiarii militis Castri sui ita quod pretium reddat infra 40 dies See the Stat. 12 Car. 2. ca. 24. Prisoner Fr. Prisonnier Signifies one that is restraiued of his liberty upon any Action Civil or Criminal or upon Commandment And a Man may be Prisoner upon Matter of Record or Matter of Fact Prisoner upon Matter of Record is he who being present in Court is by the Court committed to Prison onely upon an Arrest be it by the Sheriff Constable or other Stamf. Pl. Cor. lib. 1. ca. 32. fol. 34 35. Privation Privatio A bereaving or taking away Most commonly applied to a Bishop or Rector of a Church when by Death or
from the Fr. allumer to lighten or kindie is used for one who by his trade coloureth or paints upon Paper or Parchment And the reason is because lie gives light and ornament by his colours to the Letters or other Figures coloured The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner Almner or Aumoner Elecmosynarius Is an Officer of a King or Princes house whose Function is carefully to collect the fragments of Meat and Victuals and distribute them every day to the poor charitably to visit the sick and leprous prisoners poor widows needy persons and those that have no constant abode likewise to receive and faithfully distribute cast Horses Robes Money and other things given in Alms he ought also to excite the King with often admonitions especially on Festival days to be bountiful in giving Alms and to beseech that his rich robes may not be given to Parasites Maskers Stage-players or the like but may go towards the increase of his Alms. Fleta lib. 2. cap. 22. Almsfeoh or Aelmesfeoh Sax. i. Alms-money that is Peterpence anciently paid in England on the first of August and given by King Ina called also Romefeoh Romescot and Heorthpening Seldens History of Tythes pag. 217 Almoin See Aumone Alnage Fr. Aulnage Ell-measure the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager Alnager or Alneger Fr. Aulner i. A Measurer by the Ell signifies a sworn publick Officer who by himself or deputy looks to the Assize of Woollen Cloth made through the Land and to the Seals for that purpose ordained Anno 25 Edw. 3. Stat. 4. cap. 1. And 〈◊〉 Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging 17 Rich. 2. cap. 2. Read of this more 27 Edw. 3. cap. 4. 1 Hen. 4. cap. 13. 7 Ejusdem cap. 10. 11 Ejusdem cap. 6. 13 Ejusdem cap. 4. 11 Hen. 6. cap. 9. 31 Ejusdem cap. 5. 4 Edw. 4. cap. 1. 8 Ejusdem cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing all which were anciently comprized in the unity of one person These bear the distinct names of Searcher Measurer and Alneger which last though it be a Tautotological expression Aulnage and Measure being the same thing denoted in two Languages yet long usage and custom have brought them to distinct Offices and that which anciently was called Alnage from whence the Alnager takes the name who was no more but Measurer in signification is now become Collector of the Subsidy granted to the King by the before recited Statutes still holding the name Alnager because the collection of that Subsidy was by Edward the Third committed to the charge of the Alnager and he nevertheless not abridged of his measuring and searching till by his own wilful neglect they became separated and that by distinct Laws Insomuch as there is now a peculiar Measurer who ought to allow the Assize of length and bredth to every particular Cloth made in England and Wales And because the Subjects of this Land should not be abused an office of Searching is established by Act of Parliament whose Officer ought by his Seals judiciously and diligently affixed to denote the defaults and casual abuses which each particular Cloth contains All these Offices were anciently under the cognizance of the Alnager as you may read at large in a Treatise entituled The Golden Fleece Printed Anno 1656. See 4 Instit fol. 31. Alodium in Doomsday signifies a free Mannor and Alodarii Lords of the same Coke on Littl. fol. 5. Altarage altaragium Comprehends not onely the offerings made upon the Altar but also all the profit which accrues to the Priest by reason of the Altar Obventio Altaris Northampton ss Inter ordines sive decreta de Termino Sancti Mich Anno 21 Eliz in Scaccario remanentes in custodia Rememoratoris Regis inter alia continetur sic Jovis 12 Die Nov. UPon the Hearing of the Matter betwixt Ralph Turner Vicar of West-Haddon and Edward Andrews it is ordered That the said Vicar shall have by reason of the words Altaragium cum manso competenti contained in the Composition of the Profits assigned for the Vicars maintenance all such things as he ought to have by these words according to the Definition thereof made by the Reverend Father in God John Bishop of London upon Conference with the Civilians viz. David Hewes Judge of the Admiralty Bartholomew Clark Dean of the Arches John Gibson Henry Jones Laurence Hewes and Edward Stanhop all Doctors of the Civil Law that is to say By Altaragium Tythes of Wool Lamb Colt Calf Pigs Goslings Chickens Butter Cheese Hemp Flax Honey Fruits Herbs and such other small Tythes with Offerings that shall be due within the Parish of West-Haddon And the like case was for Norton in Northamptonshire heard in the said Court within these two or three years upon the Hearing Ordered in the like manner Oblationes sive numinorum sive panum tali vel tali Altari vel ex devotione vel ex consuetudine aut a Parochianis aut ab extraneis factae Altaragii nomine censebantnr Gloss in Mat. Paris Alto basso or in Alto in basso Pateat universis per presentes quod Willielmas Tylar de Yetton Thomas Gower de Aylemestre posuerunt se in alto in basso in arbitrio quatuor hominum viz. de quadam querela pendente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Thomam Et praedicti quatuor homines judicaverunt ordinaverunt quod Dat. apud Aylemestre die Mercurii prox post Festum Conceptionis B. Mariae Anno 2 Hen. 5. Ipse Prior venit Bogo similiter ponunt se in gratiam misericordiam voluntatem Regis de alto basso ad quod mandantur Turri London c. Plac. coram Rege Hil. 18 Edw. 1. By this is meant the absolute submission of all differences small and great high and low Amabyr See Chevage Ambidexter Lat He that useth his left hand as well as his right that plays on both sides But in the legal acception it signifies That Juror or Embraceor who takes Money on both sides for giving his verdiet for which he forfeits ten times so much as he takes 38 Edw. 3. cap. 12. Crompt Just of P. fol. 156. b. Ame Kings Proclamation 1663. See Aume Amenable from the Fr. amener i. To bring or lead unto Others write it amainable from the Fr. main a hand tractable that may be led by the hand or governed that may be brought or fetched in It is applied in our Law Books to a Woman that is supposed governable by her Husband Amendment amendatio signifies the correction of an Error committed in a Process and espied before or after Judgment and sometimes after the party seeking advantage by the Error Brook titulo Error and Amendment Amerciament
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
Mint see in Cowels Interpreter verbo Mint Minute tythes Minutae sive minores decima Small Tythes such as usually belong to the Viccar as of Herbs Seeds Eggs Honey Wax c. See 2 Part Inst fo 649. and Udal Tindals case Hill 22 Jac. where the tyth of Woad was adjudged to be minuta decima 3 Part Crokes Rep. fo 21. See Tithes Misaventure or Misadventure Fr. Mesadventure i. Infortunium Has an especial signification for the killing a man partly by negligence and partly by chance As if one thinking no harm carelesly throwes a stone or shoots an Arrow wherewith he kills another In this case he commits not Felony but onely loseth his goods and has a Pardon of course for his life Stam. Pl. Cor. lib. 1. ca. 8. Britton ca. 7. distinguishes between Aventure and Misavonture The first he makes to be meer chance as if a Man being upon or near the Water be taken with some sudden sickness and so fall in and is drowned or into the fire and is burnt Misaventure he says is where a man comes to his death by some outward violence as the fall of a Tree the running of a Cart-wheel the stroke of a Horse or such like So that Misadventure in Stamfords opinion is construed somewhat more largely then Britton understands it West part 2. Symbol tit Inditement Sect. 48 49. makes Homicide casual to be meerly casual or mixt Homicide by meer chance he defines to be when a man is slain by meer fortune against the mind of the killer as if one hewing the Axe flies off the haft and kills a man And this is al one with Brittons Misaventure Homicide by chance mix'd he defines Sect. 50. to be when the killers ignorance or negligence is joyned with the chance as if a man lop Trees by a high-way side in which many usually travel and cast down a Bough not giving warning c. by which Bough a man is slain Miscognisant Ignorant or not knowing In the Stat. 32 Hen. 8. ca. 9. against Champertie and Maintenance It is ordained that the Justices of Assise shall twice in the year in every County cause open Proclamation to be made of this present Act and of every thing therein contained c. to the intent that no person should be ignorant or miscognisant of the dangers and penalties therein contained Miscontinuance Kitchin fo 231. the same with Discontinuance which see Mise A French word signifying expence or disbursement sometimes written Missum in Lat. and sometimes Misa has divers significations first it is a kind of honourable gift or customary present with which the People of Wales are wont to salute every new King and Prince of Wales at their entrance into that Principality It was anciently given in Cattel Wine and Corn for sustentation of the Princes Family but when that Dominion was annexed to the English Crown the Gift was changed into Money and the Summ is 5000 l. Sterling or More and it hapned to be thrice paid in King James's Reign First at his own coming to the Crown and that Principality Secondly when Prince Henry was created Prince of Wales And Thirdly When King Charles the First succeeded him in that Principality Anno 27 Hen. 8. ca. 26. it is ordained That Lords Mayors shall have all such Mises and profits of their Lands as they have had in times past c. Misae etiam dicuntur praestationes illae quas ob fruendas pristinas immunitates Cestriae Palatinatus subditi novo cuique Comiti impendunt i. 3000 Marks for that County Sometimes Mises are taken for Taxes or Tallages Anno 25 Edw. 1. ca. 5. Sometimes for Costs or Expences as pro misis custagiis for Costs and Charges in the Entries of Judgments in personal Actions Mise is also a word of Art appropriated to a Writ of right so called because both parties have put themselves upon the meer right to be tryed by the grand Assise or by Battel so as that which in all other Actions is called an Issue in a Writ of Right in that case is called a Mise But in a Writ of Right if a collateral point be tryed there it is called an Issue and is derived from missum because the whole cause is put upon this point Coke on Litt. fol. 294. b. Anno 37 Ed. 3. ca. 16. To joyn the Mise upon the Meer is as much as to say to joyn the Mise upon the cleer right and that more plainly to joyn upon this point whether has the more right the Tenant or Demandant Mise is sometimes used as a Participle for cast or put upon Cokes 6 Rep. Saffins Case and sometimes corruptly for Mease a Messuage or Tenement As a Mise-place in some Mannors is taken to be such a Messuage or Tenement as answers the Lord a Herriot at the death of its owner 2 Inst fo 528. which in our French is written Mees Ceste Endenture temoigne que come Will. Terrye de Dounham tiegne de Johan de Veer Coonte d'Oxenford un Mees sys acres de terre c. dat 14 Ed. 3. penes Wil. Andrew Baronet Miserere Is the name and first word of one of the Paenitential Psalmes most commonly that which the Ordinary gives to such guilty Malefactors as have the benefit of the Clergy allowed by Law and it is usually called the Psalm of mercy Misericordia Is used for an Arbitrary Amerciament or Punishment imposed on any Person for an offence For where the Plaintiff or Defendant in any Action is amerced the Entry is always Ideo in misericordia c. And it is called Misericordia as Fitzherbert says Nat. Br. fol. 75. for that it ought to be but small and less then the offence according to the tenor of Magna Charta cap. 14. Therefore if a Man be unreasonably amerced in a Court not of Record as in a Court Baron c. there is a Writ called Moderata Misericordia directed to the Lord or his Bailiff commanding them that they take Moderate Amerciaments according to the quality of the fault Est enim misericordia Domini Regis says Glanvile quà quis per juramentum legalium hominum de viceneto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat And again Mulcta lenior sic dicta quòd lenissima imponitur misericordia graviores enim mulctas Fines vocant atrocissimas Redemptiones See Glanv pag. 75. a. And see Moderata Misericordia He shall be in the great Mercy of the King Westm 1. cap. 15. Misfeasans Misdoings or Trespasses Jury to enquire of all Purprestures Misfeasans 2 Part Croke fol. 498. And Misfeasor a Trespasser 2 Inst fol. 200. Mishering Est de estre quit de amerciemenz pur quereles en aucun Courts devant qui que il seyt nent ordinament ou proprement demonstre MS. LL. Temp. E. 2. See Abishersing and Miskering Miskenning Meskenninga LL. Hen. 1. cap. 12. Iniqua vel injusta in jus vocatio inconstanter loqui in
Dicebatur terra servilis seu tenementalis quod de procinctu terrarum Dominicalium quae Inland nuncupatae sunt in exteriorem agrum rejiciebantur Vide Inland Utlary or Utlawry Utlagaria vel Utlagatio Is a punishment for him who being called into Law and lawfully sought does after an Original Writ with a Nihil habet Three Writs of Capias Alias and Pluries Returned by the Sheriff with a Non est inventus and an Exigent with a Proclamation thereupon Awarded contemptuously refuse to appear He must also be called at Five County-Court days a Moneth between each one and if he appear not within that time Pro exlege tenebitur cum principi non obediat nec legi ex tunc Utlagabitur that is he shall be pronounced to be out of the Kings Protection and deprived of the benefit of the Law The effect of which is divers For if he be outlawed at the sute of another in a civil Cause he shall forfeit all his Goods and Chattels to the King if upon Felony then all his Lands and Tenements which he hath in Fee or for Life and his Goods and Chattels Et tunc gerit caput Lupinum ita quod sine judiciali inquisitione rite pereat secum suum judicium portet merito sine lege pereat qui secundum legem vivere recusavit c. Says Bracton lib. 3. tract 2. cap. 11. A Minor or Woman cannot be outlawed but where a Man is termed outlawed a Woman is said to be waived How an Outlaw is inlawed again and restored to the Kings Peace and Protection See Bracton lib. 3. tract 2. cap. 14. And Fleta lib. 1. cap. 27. 28. See Outlaw Utlepe Significat escapium hoc est Evasionem latronum Fleta lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22. Utrum See Assise Utter Barrasters Jurisconsulti Are such who for their long study and great industry bestowed upon the knowledge of the Common Law are called out of their contemplation to practise and in the view of the World to take upon them the Protection and Defence of Clients In other Countreys they are called Licenciati in Jure The time before any one ought to be called to the Bar by the Ancient Orders was heretofore eight years now reduced to seven And the exercise done by him if he were not called Ex gratia was Twelve Grand Moots performed in the Inns of Chancery in the time of the Grand Readings and Twenty four Petty Moots at the Inns of Chancery in the Term times before the Readers of the Respective Inns of Chancery A Barraster newly called is to attend the six next long Vacations the Exercise of the House viz. In Lent and Summer and is thereupon for those three years called a Vacation Barraster And they are called Utter Barrasters i. Pleaders without the Bar to distinguish them from Benchers or those who have been Readers who are sometimes admitted to plead within the Bar as the King Queen or Princes Council are W. WAftors Waftores Edward the Fourth constituted a Triumvirate of Officers with Naval Power whom the Patent 22 Edw. 4. Membr 2. stiles Custodes Conductores and Waftores and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk We still retain the word to Waft over i. To Convey or Conduct over Sea Waga alias Uaga A Weigh which is a Measure of Cheese Wool c. contraining Two hundred fifty six pound of Averdupois according to Cowel for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to contain Thirty two Cloves and the Clove eight pound though some say but seven Unam Wagam salis de salinis suis de Terincton Mon. Angl. 1 par fol. 515. See Weigh Wage Vadiare Fr. Gager Signifies the giving security for the performance of any thing as to Wage Deliverance which see in Gage to Wage Law see in Law None wageth Law against the King Brook tit Chose in Action num 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager Wager of Law See Law Waif or Weyf Waivium Or goods waived are those which a Theif hath stoln and being pursued or over-charged with the burden flies and leaves the goods behinde him Then the Kings Officer or the Bailiff of the Lord of the Mannor within whose jurisdiction they were left who by prescription or grant from the King hath the Franchise of Waif may seise the Goods to his Lords use except the owner come with fresh sute after the Felon and sue an Appeal within a year and a day or give in evidence against him at his arraignment and he be attainted In which Cases the owner shall have restitution of his Goods though Waif is properly spoken of Goods stoln yet it may be also of Goods not stoln as if a Man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods these shall be forfeit as Goods stoln and are properly called Fugitives Goods See Coke lib. 5 Foxleys Case Waifs Things lost and Estrays must by the Lord of the Franchise where they are found be caused to be cried and published in Markets and Churches near about else the year and day does not run to the prejudice of him that lost the M. Briton cap. 17. Plac. coram Joh. de Berewel Sociis suis Justic Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso Richardus fil Alani Comes Arundel summonitus fuit ad respondend Domino Regi de placito quo Warranto clamat habere placita Coronae habere Wayf in Manerio suo de Upton subtus Haweman c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef Wayf eadem placita libertates habuerunt ipse omnes antecessores sui eisdem usi sunt a tempore quo non extat memoria eo Warranto clamat c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona ita Coronae Domini Regis annexum quod nullus eo gaudere possit nisi inde habeat speciale Warrantum a Domino Rege vel antecessoribus suis concessum Weyf i. Si aliquis adduxerit aliqua animalia ut oves boves equos hujusmodi vel aliquas alias res inde suspectus arrestatus fuerit a Balivis Prioris donec probaverit per fideles homines quod illae res furatae non fuerant ille dimissus non redierit Dictae res seu animalia servabuntur per unum annum unum diem si ille non redierit res suas esse probaverit erunt Prioris c. Si aliquis alius venerit res suas legitime esse probaverit datis expensis illas habebit Ex Registro Prior. de Cokesford Wainnable That may be Ploughed or Manured Tillable Dedimus in loco qui vocatur Shiplade la Moreis la terre
Portion See Gerard du Heylan Spel. Glossar in voce Appennagium Appertinances pertinentia Are things both Corporal belonging to another thing as to the more principal as Hamlets to a cheif Mannor Common of Pasture Turbary Piscary and such like and Incorporeal as Liberties and Services of Tenants Brit. cap. 39. Where it may be observed That he accounts Common of Pasture Turbary and Piscary to be things Corporal See Common Apportionment apportionamentum Is a dividing of a Rent into parts according as the Land whence the whole Rent issues is divided among two or more As if a Man have a Rent-service issuing out of Land and he purchaseth part of the Land the Rent shall be apportioned according to the value of the Land So if a Man let Lands for years reserving Rent and after a stranger recovers part of the Land the Rent shall be apportioned But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land by service to pay to his Lord yearly at such a Feast a Horse or Rose there if the Lord purchase part of the Land this service is totally extinct because such things cannot be divided without hurt to the whole Yet in some Cases a Rent-charge shall be apportioned as if a Man hath a Rent-charge issuing out of Land and his Father purchaseth part of the Land charged in Fee and dies and this parcel descends to his Son who hath the Rent-charge there this Charge shall be apportioned according to the value of the Land because such portion of the Land purchased by the Father comes not to the Son by his own Act but by descent and course of Law Common Appendant is of common right and severable and though the Commoner in such case purchase parcel of the Land wherein the Common is Appendant yet the Common shall be apportioned But in this case Common Appurtenant and not Appendant by such Purchase is extinct Coke lib. 8. fol. 79. Apposer See Forein Apposer Apprendre Fr. As Fee or Profit Apprendre Anno 2 3 Edw. 6. cap. 8. Fee or Profit to be taken or received Apprentice Fr. apprenti and that from apprendre to learn whence their apprentisage and our apprentiship Is one that is bound by Covenant to serve a Tradesman or Artificer a certain time for the most part seven years upon condition That the Master shall during that time instruct him in his Art or Mystery Sir Tho. Smith in his Rep. Angl. lib. 3. cap. 8. says They are a kinde of Bondmen differing onely in that they are servants by Covenant and for a time Anciently Barrasters were called Apprentices of the Law As appears by Mr. Seldens Notes upon Fortescu p. 3. So the Learned Plowden stiled himself Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley and Sir Edward Coke in his 2 Part. Instit fol. 564. says Apprenticii Legis in pleading are called Homines consiliarii in Lege periti And in another place Apprentices and other Counsellors of Law Appropriation appropriatio from the Fr. approprier i. aptare accomodare Signifies the severing of a Benefice Ecclesiastical which originally and in nature is Juris Divini in Patrimonio nullius to the proper and perpetual use of some Religious House Bishoprick College c. So called because Parsons not being ordinarily accounted Domini but usufructarii having no right of Fee-simple are by reason of their perpetuity accounted owners of the Fee-simple and therefore called Proprietarii Before the time of Richard the Second it was lawful as it seems to appropriate the whole Fruits of a Benefice to an Abbey or Priory they finding one to serve the Cure But that King ordained That in every Licence of Appropriation made in Chancery it should expresly be contained That the Diocesan of the place should provide a convenient sum of money to be yearly paid out of the Fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed Anno 15 Rich. 2. cap. 6. To make an Appropriation after Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full if it be void the Diocesan and the Patron upon the Kings Licence may conclude it Plowden in Grendons Case fol. 496. To dissolve an Appropriation it is enough to present a Clerk to the Bishop and he to institute and induct him For that once done the Benefice returns to the former nature Fitz. Nat. Br. 35. and Coke lib. 7. fol. 13. Approvement Anno 43 Eliz. cap. 11. Is the same with improvement but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor leaving sufficient nevertheless for the Commoners Approver approbator Is one that confessing Felony committed by himself appeals or accuses others to be guilty of the same and is so called because he must prove that which he hath alleaged in his Appeal This Proof is by Battle or by the Countrey at his election that appealed The Form of this Accusation you may in part gather by Cromptons Justice of Peace fol. 250. 251. That it is done before the Coroner either assigned to the Felon by the Court to take and record what he saith or else calâ—ed by the Felon himself and required for the good of the Commonwealth to do so The Approvers Oath when he begins the Combat you may see in the last Page of Crompton as also the Proclamation by the Herauld Of the Antiquity of this Law read at large Bracton lib. 3. Tract 2. cap. 21. 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq And 3 Part. Instit fol. 129. See Prover Approvers of the King Approbatores Regis Are those that have the letting of the Kings Demeans in small Mannors to his best advantage Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers Approve approhare To augment or as it were to examine to the utmost For example To approve Land is to make the best benefit of it by increasing the Rent c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises are called their Approvers and by what follows you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales authorized by the Prince thereof Richard de Lyngein Emprover desuth Commission nostre tre dout Seigneur le Prince deins le Counte de Hereford le Marches adjoygnant a toutz y ceux qui cests Letters verront ou orront salutz Sachez moy aver grant a une Janin de Brompton loyal leige home nostre Seigneur le Roy a ses servants de vendre acheter bests berbez deins le Counte de Hereford le Marche adjoygnant sans empechement ou arrest de nulluy come loyal leige hommes a son propre use encrese sans refreshmente des Rebels de Gales
Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors and Searchers of the Custom-houses that they have made true Entrances in their Books He apposeth all Sheriffs upon their Summons of the Pipe in open Court and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
Sylvestres Are the Hart Hind Hare Bore and Woolf. Manwood part 2. cap. 4. num 1. Beasts and Fowls of Warren Are the Hare Coney Pheasant and Partridge Manw. part 2. cap. 4. num 3. Beastials See Bestials Beau-pleader Fr. Beau-plaider i. To plead fairly Is a Writ upon the Statute of Marlbridge 52 Hen. 3. cap. 11. whereby it is provided That neither in the Circuit of Justices nor in Counties Hundreds nor Courts Baron any Fines shall be taken of any Man for Fair pleading that is for not pleading fairly or aptly to the purpose upon which Statute This Writ was ordained against those that violate the Law herein See Fitz. Nat. Br. fol. 270. whose Definition is to this effect The Writ upon the Statute of Marlbridge for not Fair Pleading lies where the Sheriff or other Bailiff in his Court takes Fine of the Party Plaintiff or Defendant for that he pleads not fairly c. And it was as well in respect of the Vicious Pleading as of the Fair Pleading by way of amendment 2 Part. Inst fol. 122. Bedel Bedellus Sax. bydel A Cryer or Messenger of a Court the Keeper of a Prison or House of Correction an under Bailiff of a Mannor Manwood par 1. fol. 221. says A Beadle is an Officer or Servant of the Forest who makes all manner of Garnishments of the Courts of the Forest and all Proclamations as well within the Courts as without and executes all the processes of the Forest he is like a Bailiff Errant of a Sheriff in a County Edgarus interdicit omnibus ministris suis id est Vicecomitibus Bedellis Balivis in Patria Girvirorum Ne introeant fines limites dicti Marisci Ingulphus Hist Croyl Bedelary Is the same to a Bedâ—l as Bailiwick to a Bailiff Littl. lib. 3. cap. 5. Bederepe alias Bidrepe Sax. Is a service which some Tenants were anciently bound to perform viz. To repe their Land-lords Corn at Harvest as some yet are tied to give them one two or three days work when they are called Debent venire in Antumpno ad precariam quae vocatur a le Bederepe Pla. in Crast Pur. 10 Hen. 3. Rot. 8. Benefice beneficium Is generally taken for any Ecclesiastical Living or Promotion be it Dignity or other As Anno 13 Rich. 2. Stat. 2. cap. 2. where Benefices are divided into Elective and Donative So is it used in the Canon Law Duarenus de Beneficiis l. 2. cap. 3. Beneficio primo Ecclesiastico habendo Is a Writ directed from the King to the Chancellor to bestow the Benefice that shall first fall in the Kings gift above or under such a value upon this or that Man Reg. of Writs fol. 307. b. Benerth Was a Service which the Tenant rendred to his Lord with his Plough and Cart. Lamb. Itin. pag. 212. and Coke on Littl. fol. 86. a. Benevolence Benevolentia favor good will Is used both in the Chronicles and Statutes of this Realm for a voluntary gratuity given by the Subjects to the King Stows Annals pag. 701. By the Statute of 1 Rich. 3. cap. 2. it is called a New Imposition But Stow pag. 791. saith That the invention grew from Edward the Fourths days you may finde it also Anno 11 Hen. 7. cap. 10. to be yielded to that worthy Prince in regard of his great expences in Wars and otherwise See Cokes 12 Rep. fol. 119 120. It is in other Nations called Subsidium charitativum given sometimes to Lords of the Fee by their Tenants sometimes to Bishops by their Clergy Cassan de consuet Burg. pag. 134 136. By Act of Parliament 13 Car. 2. cap. 4. it was also given to His Majesty that now is King Charles the Second Bercaria from the Fr. Bergerie A Sheep-coat or Sheepfold In Doomsday it is called Berquarium 2 Part. Cokes Inst fol. 476. Dedi sexaginta acras terrae ad unam Bercariam faciendam Mon. Angl. 2. p. fol. 599. a. where it seems to signifie a Sheep-walk Berghmayster from the Sax. berg Mons quasi Master of the Mountain A Bailiff or cheif Officer among our Derbishire Miners who among other parts of his Office does also execute that of Coroner among them Juratores dicunt quod in principio quando Mineratores veniunt in campum minera quaerentes inventa minera venient ad Balivum qui dicitur Berghmayster petent ab eo duas Metas si sit in novo campo habebunt unam scil pro inventione aliam de jure Mineratorum unaquaeque meta continet quatuor Perticatas ad foveam suam septem pedes unaquaeque Perâ—â—cata â—rit de 24 pedibus c. Esâ— de Anno 16 Edw. 1. num 34. In Turr. Lond. See Berghmoth Bergmoth or Berghmote Juratores dicunt etiam quod Placita del Bergmoth debent teneri de tribus septimanis in tres septimanas super mineram in Pecco Esâ— 16 Edw. 1. ut supra This Bergmoth or Berghmote comes from the Saxon berg i. Mons and mote or gemote conventus Quasi the Court held upon a Hill for deciding Pleas and Controversies among the Derbishire Miners of which thus Mr. Manlove in his ingenious Treatise of their Customs And Sute for Oar must be in Berghmote Court Thither for Justice Miners must resort If they such Sutes in other Courts commence They lose their due Oar-debt for such offence And must pay Costs because they did proceed Against their Custom Miners all take heed No Man may sell his Grove that 's in contest Till Sute be ended after the Arrest The Sellers Grove is lost by such offence The Buyer fined for such Maintenance And two great Courts of Berghmote ought to be In every year upon the Minery To punish Miners that transgress the Law To curb Offenders and to keep in aw Such as be Cavers or do rob Mens Coes Such as be Pilferers or do steal Mens Stows To order Grovers make them pay their part Joyn with their Fellows or their Groves desert To fine such Miners as Mens Groves abuse And such as Orders to observe refuse Or work their Meers beyond their length and Stake Or otherwise abuse the Mine and Rake Or set their Stows upon their Neighbors Ground Against the Custom or exceed their Bound Or Purchasers that Miners from their way To their Wash-troughs do either stop or stay Or dig or delve in any Mans Bing-place Or do his Stows throw off break or deface To fine Offenders that do break the Peace Or shed Mans Blood or any Tumults raise Or Weapons bear upon the Mine or Rake Or that Possession forcibly do take Or that disturb the Court the Court may fine For their Contempts by Custom of the Mine And likewise such as dispossessed be And yet set Stows against Authority Or open leave their Shafts or Groves or Holes By which Men lose their Cattle Sheep or Soles And to lay Pains that grievance be redress'd To case the Burdens of Poor-men oppress'd To swear
21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
Kinred of a slain person in recompence of his Murder LL. Aedmundi cap. ult Frum-stol Sax. Sedes primaria the cheif Seat or Mansion-House by some called the Fome-stal LL. Inae Regis cap. 38. Frussura from the Fr. Froissure A breaking down or demolishing Dedi eis nonam garbam tam in Frussuris quae de novo fiunt quam in c. Mon. Angl. 2 Par. fol. 394. b. Frustrum terrae A small peece of Land Residuum quiddam praeter acras numeratas vel campum mensuratum Cum in Domesday Frustrum terrae accipiatur pro ampla portione seorsum à campo villâ Manerio jacenti Domesday tit Hantisc Rex Abedestone In Insula habet Rex unum Frustrum terrae unde exemit 61. Vomeres lego Frustum Spelm. Fryth Sir Edward Coke on Littl. fol. 5. b. expounds it a Plain between two Woods a Lawnd Chaucer uses it for a Wood. Camden in his Britan. for an Arm of the Sea or great River Maketh his issue into the Estuary or Frith of Thames Smith in his Englands Improvement makes it signifie all Hedg-wood except Thorns How to reconcile these I know not but am sure the Saxon Friþ signifies Peace Frythborgh from the Sax. Friþ i. Pax and borge fidejussor Et sint quieti de Frythborgh de Blodewite Fithwyte Ferdwyte c. Record Pasch 6 Hen. 4. Rot. 24. It might here signifie a Freedom from giving security of the Peace Fuage or Focage a foco In the Reign of Edward the Third the Black Prince of Wales having Aquitain granted him laid an Imposition of Fuage or Focage upon the Subjects of that Dukedom viz. A shilling for every Fire called Herth-Silver Rot. Parl. 25 Edw. 3. Fuer Fr. fuir Lat. fugere Though it be a Verb yet it is used substantively and is twofold Fuer en feit in facto when a Man does apparently and corporally flie and Fuer en ley in lege when being called in the County he appears not until he be outlawed which is flighs in the interpretation of Law Stamf. Pl. Cor. lib. 3. cap. 22. Fugacia Signifies a Chase and is all one with Chasea Charta Matildis Imperatricis Miloni de Glouc. Fugitives Goods Bona fugitivorum Are the proper Goods of him that flies upon Felony which after the flight lawfully found do belong to the King or Lord of the Mannor Coke vol. 6. fol. 109. b. See Waif Fumage Fr. Fumagium Dung or a Manuring with Dung. Et sint quieti de Fumagio Maremio cariando c. Carta R. 2. Priorat de Hertland Pat. 5 Ed. 4. par 3. m. 13. Fumathoes or Fumadoes 14 Car. 2. cap. 31. Our Pilchards garbaged salted hanged in the smoak and pressed are so called in Italy and Spain whither they are carried in great numbers Furca Seucatefurcia fossa i. Gallows and Pit In ancient Priviledges it signified a Jurisdiction of punishing Felons that is Men with Hanging Women with Drowning Of which last take this notable example out of the Records of Rochester Church in the time of Gilbert Bishop there who flourished under Richard the First Anno 1200. Item duo mulieres venerunt in villam de Suffliete quae furatae fuerunt multos pannos in villa de Croindone secuti sunt eas homines ejusdem villae de Croindone quorum pannos furtiv◠asportaverunt usque in villam de Suffliete ibi captae fuerunt incarceratae habuerunt judicium suum in Curia de Suffliete ad portandum calidum ferrum quarum una fuit salva altera damnata unde submersa fuit in Bikepole Et hoc totum contigit tempore Gilberti Domini Episcopi in quolibet judicio fuerunt Coronarii Domini Regis Et Paulus de Stanes fuit tunc Cacherellus de Hundredo de Acstane Et per illud tempus Robertus de Hecham Monachus fuit custos de Manerio de Suffliete ad mulieres judicandas fuit Dominus Henricus de Cobeham alii plures homines discreti homines de Patria Fossa is taken away but Furca remains says Sir Edward Coke in his 3 Inst fol. 58. Furlong Sax. Furlang Is a quantity of Ground containing for the most part forty Perches or Poles in length and every Pole sixteen foot and a half eight of which Furlongs make a Mile Anno 35 Edw. 1. cap. 6. It is otherwise the eighth part of an Acre yet I finde in an old Book Printed in Henry the Eighth's time That Six hundred Foot by fivefcore to the Hundred make a Furlong See Acre In the former signification the Romans call it Stadium in the later Jugerum Furlong is sometimes used for a piece of Land of more or less Acres Omnibus Christi Fidel. Johannes Blount de Eye Arm. Dedit Thomae Croft Francisco Lovel Arm. unum Forlongum terrae arabilis continen per aestimationem quatuor Acras c. Dat. 20 Jan. 3 Eliz. Furnage Furnagium Fr. Fournage Est tributum quod Domino furni a sectatoribus penditur ob furni usum Multis enim in locis tenentur vasalli ad coquendum panes suos in furno Domini Est etiam lucrum seu emolumentum quod pistori conceditur in pistionis sumptus mercedem Et tunc potest pistor de quolibet quarterio frumenti lucrare 4 Den. furfur duos panes ad furnagium Assisa panis Cervisiae Anno 51 Hen. 3. See Fornagium Furr from the Fr. fourer i. pelliculare to line with Skins The Stat. 24 Hen. 8. cap. 13. mentions divers kindes of it as Sables which is a rich Fur of colour between Black and Brown being the Skin of a Beast called a Sable of bigness between a Polecat and an ordinary Cat and of fashion like a Polecat bred in Russia but most and best in Tartaria Lucerns which is the Skin of a Beast so called being near the bigness of a Woolf of colour between Red and Brown and mingled with Black-spots bred in Muscovia and Russia and is a very rich Fur. Genets that is the Skin of a Beast so called of bigness between a Cat and a Weezle mailed like a Cat and of that nature bred in Spain whereof there are two kindes Black and Grey and the Black the more precious having black spots upon it hardly to be seen Foins is of fashion like the Sable bred in France for the most part the top of the Fur is Black and the Ground whitish Martern is a Beast very like the Sable the Skin something courser the best are in Ireland Miniver is nothing but the Bellies of Squirrels as some say others say it is a little Vermin like a Weezle Milk white and comes from Muscovy Fitch is that which we otherwise call the Polecat Shanks are the Skin of the Shank or Leg of a kinde of Kid which bears the Fur we call Budge Calaber is a little Beast in bigness near a Squirrel of colour Grey and bred most in High Germany Fustic A kinde of Wood which Dyers use and is brought
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
suis ille qui non venit ad talem praemonitionem amerciatus erit ad pretium unius vomeris Anglice a Suck praetii quatuor denar hoc quotiescunque praemonit non venerit Pla. in Itin. apud Cestriam 14 Hen. 7. Surety of peace Securitas pacis so called because the party that was in fear is thereby secured Is an acknowledging a Bond to the Prince taken by a competent Judge of Record for the keeping of the Peace This peace a Justice of Peace may command either as a Minister when he is willed so to do by a higher Authority or as a Judge when he does it of his own power derived from his Commission Of both these see Lamb. Eiren. lib. 2. ca. 2. pa. 77. See Peace and Supplicavit It differs from Surety of good abearing in this that whereas the Peace is not broken without an affray battery or such like Surety de bono gestu may be broken by the number of a mans company his Weapons or Harness Suffragan Suffragnus Is a titular Bishop ordam'd to assist the Bishop of the Diocess in his Spiritual Function Sir Edw. Coke 2 Inst fo 79. calls him a Bishops Vice-gerent Dicuntur Episcopi qui Archiepiscopo suffragari assistere tenentur sayes Spelman Et Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur It was enacted Anno 26 Hen. 8. ca. 14. that it should be lawful for every Diocesan at his pleasure to elect two honest and discreet Spiritual persons within his Diocess and to present them to the King that he might give the one of them such Title Stile Name and Dignity of such of the Sees in the said Statute specify'd as he should think convenient c. and that every such person shall be called Bishop Suffragan of the same See c. Cam. in his Britan. Tit. Kent speaking of the Arch-bishop of Canterburies Suffragans sayes When the Arch-bishop is busied in weightier Affairs they manage for him matters that pertain to Orders onely and not to the Episcopal Jurisdiction Suite or Sute Secta Fr. Suite i. Consecutio sequela Signifies a following another but in divers sences the first is a Sute in Law and is divided into sute real and personal which is all one with Action real and personal 2. Sute of Court or Sute-service is an attendance which a Tenant owes to the Court of his Lord Anno 7 Hen. 7. ca. 2. 3. Sute-Covenant is when your Ancestor has Covenanted with mine to suâ— to his Court 4. Sute-Custome when I and my Ancestors have been seised of your and your Ancestors Sute time out of minde 5. Sutereal or regal when men come to the Sheriffs Turn or Lâ—et 6. Sute signifies the following one in Chase as fresh-sute Westm 1. ca. 46. Lastly it signifies a Petition made to the King or any great person Suite of the Kings Peace Secta pacis Regis Is the pursuing a man for breach of the Kings Peace by Treasons Insurrections or Trespasses Anno 6 Rich. 2. Stat. 2. ca. 1. and 27 ejusdem ca. 15. 5 Hen. 4. ca. 15. Suit-silver See Sute-silver Suling See Swoling Summage See Sumage Seme Sumage or Summage Sumagium Summagium a Horscload Toll for carriage on Horseback Cromp. Jur. fo 91. Forestarius capiat pro uno equo qui portat summagium per dimidium anni obolum Charta de Foresta cap. ante-penult Char. Edw. 1. num 17. Summoneas Is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Reg. judicial Summoner Summonitor Is a small Officer that calls or cites men to any Court These ought to be boni homines that is in Fleta's Judgment liberi homines ideo boni quia terras tenentes quod sint coram talibus Justiciariis ad certos diem locum secundum mandatum Justiciariorum vicecomiti directum parati inde faceri recognitionem lib. 4. ca. 5. Summons Summonitio Signifies with us as much as vocatio in jus or Citatio among the Civilians and thence is our word Sumner which in French is Somoneur i. Vocator Monitor Summons of the Exchequer Anno 3 Edw. 1. ca. 19. How Summons is divided and what circumstances it has to be observed See Fleta lib. 6. ca. 6 7. Summons in terra petita Kitchin fo 286. Is that Summons which is made upon the land which the party at whose Sute the Summons is sent forth seeks to have Summons ad Warrantizandum Dyer fo 69 nu 35. Summoneas ad warrantizandum Is the Process whereby the vouchee is called See Coke on Litt. fo 101. b. Sumptuary Laws Are Laws made to restrain excess in Apparel and prohibit costly Cloaths of which we have anciently had many in England but all repealed Anno 1 Jac. See 3 Inst fo 199. Super institution Super institutio One Institution upon another as where A. is admitted and instituted to a Benefice upon one Title and B. is admitted instituted c. by the presentment of another See Hutchins Case in Crokes Rep. 2 Par. fo 463. Superoneratione pasturae Is a Writ Judicial that lies against him who is impleaded in the County for the over-burdening a Common with his Cattel in case where he was formerly impleaded for it in the County and the Cause is removed into the Kings Court at Westm Super praerogativa Regis Is a Writ which lay against the Kings Widdow for Marrying without his Licence Fitz. Nat. Br. fo 173. Supersedeas Is a Writ which lies in divers cases and signifies in general a Command to stay or forbear the doing of that which ought not to be done or in appearance of Law were to be done were it not for the cause whereon the Writ is granted For example a man regularly is to have surety of Peace against him of whom he will Swear he is afraid and the Justice if required cannot deny it yet if the party be formerly bound to the Peace either in Chancery or elsewhere this Writ lies to stay the Justice from doing that which otherwise he might not refuse See the Table of the Reg. of Writs and Fitz. Nat. Br. fo 236. for preventing the superseding Executions See the Statute 16 17 Car. 2. ca. 8. Super Statuto Edw. 3. versus Servants and Labourers Is a Writ that lies against him who keeps my Servants departed out of my service against Law Fitz. Nat. Br. fo 167. Super Statuto de York quo nul serra viteller c. Is a Writ lying against him that uses Victualling either in Gross or by Retail in a City or Borough-Town during the time he is Mayor c. Fitz. Nat. Br. fo 172. Super Statuto 1 Edw. 3. ca. 12 and 13. is a Writ that lay against the Kings Tenant holding in Chief who alienated the Kings Land without his Licence Fitz. Nat. Br. fo 175. Super Statuto facto pour Seneshal Marshal de Roy c. Is a Writ lying
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
ordinary Yeomen and Huissiers belonging either to His Majesty the Queen or Prince either giving leave or allowing their Absences or Defects in attendance or diminishing their Wages for the same He also nigntly by himself or Deputy takes the view of those that are to watch in the Court and hath the setting of the Watch. This Officer is mentioned Anno 33 Hen. 8. cap. 12. Also there is an Officer of the same name in the Kings Navy and mentioned Anno 19 Car. 2. cap. 1. Clerk Marshal of the Kings House Seems to be an Officer that attends the Marshal in His Court and Records all His proceedings Anno 33 Hen. 8. cap. 12. Closh Was an unlawful Game forbidden by the Statute of 17 Edw. 4. cap. 3. and seems to have been the same with our Nine Pins elswhere called Closh-cayls Anno 33 Hen. 8. cap. 9. Though some think it might be the same Game which is still used by idle persons in Lincolns-Inn Fields and now called The Wheel of Fortune wherein they turn about a thing like the Hand of a Clock in Fr. Cloche Clove Is the Two and thirtieth part of a Weigh of Cheese i. Eight pound An. 9 Hen. 6. cap. 8. See Waga Cocherings An Exaction or Tribute in Ireland See Bonaght Cocket or Coket Cokettum Is a Seal belonging to the Kings Custom-house Reg. of Writs fol. 192. a. Also a Scrol of Parchment sealed and delivered by the Officers of the Custom-house to Merchants as a Warrant that their Merchandises are customed Anno 11 Hen. 6. cap 16. Which Parchment is otherwise called Literae de Coketto or Literae testimoniales de Coketto Reg. fol. 179. a. So is the word used Anno 5 6 Edw. 6. cap. 14. And 14 Edw. 3. Stat. 1. cap. 21. None shall make Wools to be Cocketted but in the name of him to whom the Wools be Anno 13 Rich. 2. cap. 9. Coket Is also used for a distinction of Bread in the Statute of Bread and Ale made 51 Hen. 3. The words are When a quarter of Wheat is sold for xii d then Wastel-Bread of a Farthing shall weigh vi 1. and xvi s but Bread-Cocket of a Farthing of the same Corn and Bultel shall weigh more then Wastel by ii s. And Cocket-Bread made of Corn of lower price shall weigh more then Wastel by v s. Bread made into a Simnel shall weigh ii s. less then Wastel Bread made of the whole Wheat shall weigh a Cocket and a half so that a Cocket shall weigh more then a Wastel by v s. Bread of Treet shall weigh two Wastels and Bread of Common Wheat shall weigh two great Cockets When a Quarter of Wheat is sold for xviii d. then Wastel-Bread of a Farthing White and well-baked shall weigh iv l x s. when for ii s iii l. viii s. c. By which we may perceive that Wastel-Bread was the finest Cocket-Bread next then Bread of Treet and lastly Bread of Common Wheat as we now call the finest Bread Wheaten or French Bread the second sort White Bread the third Brown or Houshold Bread c. Codicil Codicillus A Schedule or Supplement to a Will or some other Writing some Writers conferring a Testament and a Codicil together call a Testament a great Will and a Codicil a little one and compare a Testament to a Ship and the Codicil to the Boat tied to the Ship Codicil is used as an addition annexed to a Testament when any thing is omitted which the Testator would add explain alter or retract and is the same with a Testament but that it is without an Executor Sec Swinb pag. 1. sect 5. and Touchstone of Wills pag. 21 22. Coffée Anno 15 Car. 2 cap. 11 A kinde of drink brought hither from the Turks and Persians black thick and bitter distrained from Berries of that nature and name yet thought to be good and wholesome Cofferer of the Kings Houshold Is a Principal Officer of the Court next under the Comptroller who in the Counting-House and elswhere hath a special charge and over-sight of other Officers of the Houshold for their good demeanor and carriage in their Offices and pays their wages This Officer is mentioned Anno 39 Eliz. cap. 7. Cogs Cogones Seems to be a kinde of Vessel or Boat upon the River of Ouse and Water of Humber mentioned in the Statute of 23 Hen. 8. cap. 18. Also a kinde of Ship For I finde in Matth. Westm Anno Dom. 1066. Venit ad hoc in Angliam Rex Noricorum trecentis Coggonibus advectus Cognatione See Cosenage Cognisor See Conisor Cognitionibus Mittendis Is a Writ to a Justice or other that hath power to take a Fine who having taken it defers to certifie it into the Court of Common Pleas commanding him to certifie it Reg. of Writs fol. 68. b. Cognizance Fr. Cognisance i. cognitio Is used diversly sometimes signifying the Badge of a Waterman or Serving-Mans Sleeve which is commonly the givers Crest whereby he is discerned to belong to this or that Noble or Gentleman Sometimes an acknowledgment of a Fine or Confession of a thing done as Cognoscens latro Bract. lib. 3. tract 2. cap. 3. 20 32. And to make Cognizance of taking a Distress Sometimes as an audience or hearing a matter judicially as to take Cognizance Sometimes a Power or Jurisdiction as Cognizance of Plea is an ability to call a Cause or Plea out of another Court which no Man can do but the King except he can shew Charters for it Manw. par 1. pag. 68. For such Cognizance lies not in Prescription Cogware Seems to be a sort of Course Cloaths made in the North of England mentioned in the Stat. 13 Rich. 2. cap. 10. Where there is mention also of Cogmen that is Buyyers of Makers or Dealers in such Cogware Coif Coifa Fr. Coiffe Our Serjeants at Law are otherwise called Serjeants of the Coif from the Lawn Coif they wear on their Heads under their Cap when they are created and always after See Serjeant Coin Fr. Coign i. Angulus which probably verisies the opinion of such as hold the ancientest sort of Coyn to be cornered and not round any sort of Money coyned Cromp. Just of P. fol. 220. Coinage Besides the general signification relating to Money It is says Camden by a Law provided That all the Tin in Cornwal after it is cast and wrought shall be weighed and signed with a stamp which is called Coynage Britan. fol. 186. and Anno 11 Hen. 7. cap. 4. Some Authors write it Cunage Coket See Cocket Coliberts Colliberti Sunt tenentes in libero Soccagio M. S. Or such as of Villains were made Freemen Collateral Collateralis Side-wise or which hangs by the side or comes in side-wards not direct As Collateral Assurance is that which is made over and beside the Deed it self as If a Man covenant with another and enter Bond for performance of his Covenant the Bond is termed Collateral Assurance because it is external and without the