carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt 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 than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple Fee-tail for term of life or of years against the alience Fitzherb nat br 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 Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
Chief Justice of England with three or four Justices assistants four or five as Fortescue saith cap. 51. and Officers thereunto belonging the Clerk of the crown a Praenatory or Protonotary and other six inferior Ministers or Atturneys Camb. Britan. pag. 112. See Latitat How long this Court was moveable I find not in any Writer But in Brittons time who wrot in K. Ed. the 1. his dayes it appeareth it followed the Court as M. Gwin in his said preface well observeth out of him See Justice of the Kings Bench. Kings silver is properly that money which is due to the King in the court of Common Plees in respect of a licence there granted to any man for passing a fine Coke vol. 6. fol. 39. a. 43. b. Kintall of woad iron c. is a certain waight of Merchandize to the value of an hundred or somthing under or over acording to the divers uses of sundry nations This word is mentioned by Plowden in the case of Reniger Fogassa KN Knave is used for a man-servant anno 14 Edward 3. stat 1. ca. 3. and by M. Verstigans judgement in his restitution of decayed intelligence ca. 10. is borrowed of the Dutch enapa cnave or knave which signifie all one thing And that is some kind of officer or servant as scild-knapa was he that bore the weaon or shield of his superiour whom the Latins call Armigerum and the Frenchmen Escuyer Knight miles is almost one with the Saxon Cnight i. administer and by M. Camdens judgement pag. 110. derived from the same With us it signifieth a Gentleman or one that beareth arms that for his vertue and especially martiall prowesse is by the King or one having the Kings authority singled as it were from the ordinary sort of Gentlemen and raised to a higher account or step of dignity This among all other Nations hath his name from the horse because they were wont in antient time to serve in warres on horseback The Romans called them Equites The Italians at these dayes term them Cavallieri The Frenchmen Chevalliers The German Reiters The Spaniard Gavellaros or Varones à Cavallo It appeareth by the Statute anno 1 Ed. 2. cap. 1. that in antient times Gentlemen having a full Knights fee and holding their land by Knights service of the King or other great person might be urged by distress to procure himself to be made knight when he came to mans estate for the answerable service of his Lord in the kings wars To which point you may also read M. Camden in his Britann pag. 111. But these customs be not now much urged this dignity in these dayes being rather of favour bestowed by the Prince upon the worthier sort of Gentlemen than urged by constraint The manner of making knights for the dignitie is not hereditarie M. Camden in his Britan. pag. 111. shortly expresseth in these words Nostris verò temporibus qui Equestrem dignitatem suscipit flexis genibus educto g'adio leviter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Chevalier au nom de Dieu id est Surge aut Sis eques in nomine Dei The Solemnity of making knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the privileges belonging to a Rnight in Ferns Glorie of Generosity pag. 116. Of these Knights there be two sorts one Spiritual another Temporal Cassanaus in gloria mundi parte 9. Considerat 2. of both these sorts and of many subdivisions read him in that whole part The Temporal or second sort of Knights M. Fern in his Glory of generosity pag. 103. maketh threefold here with us Knights of the Sword Knights of the Bath and Knights of the Soverain Order that is of the Garter of all which you may read what he saith I must remember that mine intent is but to explain the terms especially of our common Law Wherefore such as I find mentioned in Statutes I will define as I can M. Skene de verbor significat verbo Milites saith that in the antient Laws of Scotland Freeholders were called Milities which may seem to have been a custom with us also by divers places in Bracton who saith that Knights must be in Juries which turn Freeholders do serve Knights of the Garter Equites Garterii are an Order of Knights created by Edward the third after hee had obtained many notable victories King John of France and King James of Scotland being both his prisoners together and Henry of Castile the Bastard expulsed out of his Realm and Don pedro being restored unto it by the Prince of Wales and Duke of Aquitane called the Black Prince who for furnishing of this Honourable Order made a choice out of his own Realm and all Christendome of the best and most excellent renowned Knights in Vertues and Honour bestowing this dignity upon them and giving them a Blew Garter decked with Gold Pearl and precious Stones and a Buckle of Gold to wear daily on the left legge only a Kirtle Crown Cloak Chaperon a Coller and other stately and magnifical apparel both of stuff and fashion exquisite and heroical to wear at high Feasts as to so high and Princely an Order was meer Of which order he and his successours Kings of England were ordained to be the Soveraigns and the rest fellows and brethren to the number of twentie six Smith de Repub. Anglo lib. prim cap. 20. I have seen an antient monument whereby I am taught that this Honorable Company is a College or a Corporation having a Common Seal belonging unto it and consisting of a Soveraign Gardian which is the King of England that alwayes governs this order by himself or his Deputy of twenty five Companions called Knights of the Garter of fourteen secular Chanons that be Priests or must be within one year after their admission 13. Vicars also Priests and 26. poor Knights that have no other sustenance or means of living but the allowance of this house which is given them in respect of their daily Prayer to the Honour of God and according to the course of those times of Saint George There be also certain officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bishop of Winchester for the time being the Chancellor of the Garter the Register who is alwaies Dean of Windsor The principal King at Armes called Garter whose chief function is to mannage and marshal their Solemnities at their yearly Feasts and installations Lastly the Usher of the Garter which as I have heard belongeth to an Usher of the Princes Chamber called Blacke rod. There are also certain ordinances or Constitutions belonging unto this Society with certain forfeitures and sometime penances for the breakers of them which constitutions concern either the Solemnities of making these Knights or their duties after their creation or the Privileges belonging to so high an order but are too large for the nature of this poor Vocabularie
mind cap. 28. where he saith That contracts be some naked and sans garnment and some furnished or to use the literal signification of his word apparelled but a naked Obligation giveth no action but by common assent And therefore it is necessary or needfull that every Obligation be apparelled And an obligation ought to be apparelled with these sive sorts of garnements c. Howbeit I read it generally used for a warning in many places and namely in Kitchin fol. 6. Garnisher le court is to warn the Court. And reasonable garnishment in the same place is nothing but reasonable warning and again fol. 283. and many other Authors also But this may be well thought a Metonymy of the effect because by the warning of parties to the Court the Court is furnished and adorned Garrantie See Warrantie Garter Garterium cometh of the French Jartiere or Jartier i. periscelis fascia poplitaria It signifieth with us both in divers Statutes and otherwise one especiall Garter being the ensigne of a great and Noble Society of Knights called Knights of the Garter And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Poeta among the Graecians was Homer among the Romans Virgil because they were of all others the most excellent This high order as appeareth by M. Camden pag. 211. and many others was first instituted by that famous King Edward the third upon good successe in a skirmish wherin the Kings Garter I know not upon what occasion was used for a token I know that Polydore Virgil casteth in another suspition of the originall But his grounds by his own confession grew from the Vulgar opinion yet as it is I will mention it as I have read it Edward the third King of England after he had obtained many great victories king John of France king James of Scotland being both prisoners in the Tower of London at one time and king Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weighty occasion first erect this order in Anno 1350. viz. He danceing with the Queen and other Ladies of the Court took up a Garter that happened to fall from one of them whereat some of the Lords smiling the king said unto them That ere it were long hee would make that Garter to be of high reputation and shortly after instituted this order of the Blew Garter which every one of the order is bound dayly to wear being richly decked with Gold and precious stones and having these words written or wrought upon it Honi soit qui maly pence which is thus commonly interpreted Evill come to him that evil thinketh But I think it might be better thus Shame take him that thinketh evill See knights of the Garter M. Ferne in his glory of generosity agreeth with M. Camden and expressier setteth down the victories whence this order was occasioned whatsoever cause of beginning it had the order is inferior to none in the world consisting of 26. martial and heroical Nobles whereof the king or England is the chief and the rest be either Nobles of the Realm or Princes of other Countries friends and confederates with this Realm the Honour being such as Emperours and kings of other Nations have desired and thankfully accepted it he that will read more of this let him repair to M. Camden and Polydore and M. Ferne fol. 120. ubi supra The Ceremonies of the chapter proceeding to election of the investures and robes of his installation of his vow with all such other Observations see in M. Segars new book intituled Honour militarie and civill lib. 2. cap. 9. fol. 65. Garter also signifieth the principall kings at Armes among our English Heralds created by king Henry the fifth Stow. pag. 584. Garthman anno 13 R. 2. stat 1. ca. 19. anno 17. ejusd ca. 9. Gavelet is a special and antient kind of Cessavit used in Kent where the custome of Gavell kind continueth whereby the tenent shall forfeit his Lands and tenements to the Lord of whom he holdeth if he withdraw from him his due rents and services The new Expounder of Law Termes whom read more at large I read this word anno 10. Edw. 2 cap. unico where it appeareth to be a Writ used in the Hustings at London And I find by Fleta that it is used in other liberties as the Hustings of Winchester Lincolne York and the Cinque ports lib. 2. cap. 55. in principio Gavelkind is by M. Lamberd in his exposition of Saxon words verbo Terra et scripto compounded of three Saxon words gyfe cal cin omnibus cognatione proximis data But M. Verstegan in his restitution of his decayed intelligence cap. 3. called it Gavelkind quasi give all kind that is give to each child his part It signifieth in our Common law a custome whereby the Land of the Father is equally divided at his death amongst all his Sons or the Land of the Brother equally divided among the Brethren if he have no issue of his own Kitchin fol. 102. This custome is said to be of force in divers places of England but especially in Kent as the said Authour reporteth shewing also the cause why Kentish men rather use this custome than any other Province viz. because it was a composition made between the Conquerour and them after all England beside was conquered that they should enjoy their ancient customes whereof this was one For. M. Camden in his Britannia pag. 239. saith in expresse words thus Cantiani eâ lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque imprimis quam Gavelkind nominant Haec terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint adding more worth the noting viz. Hanc haereditatem cùm quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Hac filii parent thus furti damnatis in id genus fundis succedunt c. This custome in divers Gentlemens lands was altered at their own petition by Act of Parliament anno 31 H. 8. cap. 3. But it appeareth by 18 H. 6. cap. pri that in those dayes there were not above thirty or fourty persons in Kent that held by any other Tenure See the new Terms Gavelet and Gavelkind Gawgeour gaugeator seemeth to come of the French Gawchir i. in gyrum torquere It signifieth with us an Officer of the Kings appointed to examine all Tunnes Hogsheads Pipes Barrels and Tercians of Wine Oil Honey Butter and to give them a mark of allowance before they be sold in any place And because this mark is a circle made with an iron Instrument for that purpose It seemeth that from thence he taketh his name Of this Office you may find many Statutes the first whereof is anno 27 Ed. 3. commonly called the Statute of provision or Purveyours cap. 8. GE Geld signifieth with the
duty in mony to be paid by the Sheriff upon his account in the Exchequer anno secundo tertio Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus tromptus expeditus for that it bindeth those that have received it to be ready at all times appointed Primage is a duty due to the Mariners and Saylers for the loading of any ship at the setting forth from any Haven anno tricesimo secundo Henrici octavi capitulo decimo quarto Primier seisin prima seisina ad verbum signifieth the first possession It is used in the Common law for a branch of the Kings Prerogative whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief whereof his tenant dyed seised in his demeasn as of fee and so consequently the rents and profits of them untill the heir if he be of age do his homage if he be under years untill he come to years See Stawnf praerog capite tertio Bracton libro quarto tract 3. cap. prim Primo beneficio See Beneficio Prince Princeps is a French word and taken with us diversly sometime 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 Dolphire both being Princes by their nativity Master Fern in the glory of generosity page 138. For Edward the first to appease the tumultuous spirits of the Welch-men who being the antient Indigene of this Land could not in long time bear the yoak of us whom they call Strangers sent his wife being with child into Wales VVhere at Carnarvan she was delivered of a Son thereupon called Eaward of Carnarvan and afterward asked the VVelsh-men seeing they chought much to be governed by strangers if they would be quietly ruled by one of their own nation who answering him Yea Then quoth he I will appoint you one of your own Country-men that cannot speak one word of English and against whose life you can take no just exception and so named unto them his son born in Carnarvan not long before From which time it hath continued that the Kings eldest Son who was before called Lord Prince St ronf praerog cap. 22. fol. 75. hath been called Prince of Wales Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester anno 21 Rich. 2. cap. 9. See County palatinâ— and Cromptons divers jurisdictions fol. 137. Prior perpetual or dative et removeable an 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Johns of Jerusalem anno 26 H. 8. cap. 2. Priors aliens Priores alieni were certain religious men born in France and governours of religious houses erected for outlandish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in France and therefore suppressed Whose livings afterwards by Henry the sixth were given to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1 H. 5. cap. 7. but especially to the erecting of those two most famous colleges called the Kings Colleges of Cambridge and Faton Priority prioritas signifieth in our common law an antiquity of tenure in comparison of another not so antient As to hold by priority is to hold of a Lord more antiently than of another Old nat br fol. 94. So to hold in posteriority is used by Stawnf praerog cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification The Lord of the priority shall have the custody of the body c. fol. 120. If the tenent hold by priority of one and by posteriority of another c. To which effect see also Fitzh nat br fol. 142. Bartolus in his Tractate de insigniis et armis useth these very words prioritas et posterioritas concerning two that beat one coat armour Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno 1 H. 8. cap. 5. is a word almost out of use now called Butlerage it is a custome whereby the Prince challengeth out of every bark loaden with wine containing less than forty tun two tun of wine at his price Prise prisa commeth of the French prenare i. capere It signifieth in our Statutes the things taken by purveyours of the Kings subjects As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25 ejusdem cap. 5. Register origin folio 117. b. Prisoner priso commeth of the French prisonnâ—er and signifieth a man restrained of his liberty upon any action civil or criminal or upon commandement And a man may be prisoner upon matter of Record or matter of fact prisoner upon matter of record is he which being present in Court is by the Court committed to prison only upon an arest be it of the Shyreeve Constable or other Stawnf pi cor li. pri ca. 32. fo 34 et 35. Privie commeth of the French privè i. familiaeris and signifieth in our Common law him that is partaker or hath an interest in any action or thing as privies of bloud Old nat br fol. 117. be those that be linked in consanguinity Every heir in tayl is privy to recover the land intayled eodem fol. 137. No privity was between me and the tenent Littleton fol. 106. If I deliver goods to a man to be carried to such a place and he after he hath brought them thither doth steal them it is felony because the privity of delivery is determined as soon as they are brought thither Stawn pl. co lib. prim cap. 15. fol. 25. Merchants privy be opposite to Merchants strangers anno 2 Edw. tertii cap. 9. cap. 14. anno ejusdem stat 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies as privies in estate privies in deed privies in law privies in right and privies in blood And see the examples he giveth of every of them See Perkins Conditions 831 832 833. and Sir Edward Cook lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh four kinds of privies viz. privies in bloud as the heir to his Father c. privies in representation as executors or administratours to the deceased privies in estate as he in the reversion and he in the remainder when land is given to one for life and to another in fee the reason is given by the Expositour of law-terms for that their estates are created both at one time The fourth sort of privies are privies in tenure as the Lord by escheat that is when the land escheateth to the Lord for