10. Magna Charta c. 7. or the halfe by the custome of some countries as in Gavelkinde Fitzh nat br fol. 150. O. And though it bee named it seemeth that it cannot bee aboue halfe the lands of the husband Fitzh nat br fol. 150. P. And the woman that will chalenge this dower must make 3. things good viz. that shee was maried to her husband that he was in his life time seised of the land whereof shee demaundeth dower and that he is dead Cokesreportes li. 2. Binghams case fo 93. a. Of these things see Glanvile li. 6. cap. 1. 2. 3. Bracton lib. 2. ca. 38. 39. lib. 4. tracta 6. cap. 1. 6. and Britton cap. 101. 102. 103. 104. and Fitzherb natur brev fol. 147. 148. 149. 150. And this custumary dower seemeth to be obserued in other nations as well as in ours Hotoman verbo Dotalitium in verbis feudal Cassan de consuetud Burg. pag. 580. 676. 677. de conventionali p. 720. And to these ioyne the graund Custumarie of Normandie cap. 102. where you shall perceiue that in a maner all our lawe in this point is taken from the Normans See Endowment Of dower reade Fleta likewise who writeth largely thereof and hath many things worth the learning li. 5. ca. 22 seqq Dozenne See Decennier Drags ano 6. H. 6. ca. 5. seeme to be wood or timber so ioyned together as swimming or floting vpon the water they may beare a burden or load of other wares downe the river Drawe latches anno 5. Ed. 3. ca. 14. anno 7. Rich. 2. ca. 5. Master Lamberd in his Eirenarch lib 2. ca. 6. calleth them miching theeues as Wasters and Roberdsemen mighty theeues saying that the words be growne out of vse Dreit Dreit signifieth a double right that is ius possessionis ius Domini Bracton lib 4. cap. 27. lib. 4. tracta 4. cap 4. lib. 5. tracta 3. cap. 5. Drye exchaunge an 3. H. 7. ca. 5. Cambium siccum seemeth to be a clenly terme inuented for the disguising of foule vsury in the which some thing is pretended to passe of both sides wheras in truth nothing passeth but on the one side in which respect it may well be called drie Of this Ludouicus Lopes tractat de contract negotiatio lib 2. ca. pri § Deinde postquam writeth thus Cambium est reale vel siccum Cambium reale dicitur quod consistentiam veri Cambit realem habet Cambium per trans Cambium minutum Cambium autē siccum est Cambium non habens existentiam Cambii sed apparentiam ad instar arboris exsiccatae quae humore vitali iam carens apparentiam arboris habet non existentiam Summa Sylv Verbo Vsura quaest 6. Est ergo Cambium siccum iuxta hanc acceptionem in qua etiam accipitur in Extrau Pii quinti idem quod Cambium fictū Non autē habet propriam naturam Cambii sed mutui vsurae At verò secundum Laurentium de Nauarra in Cōmento de vsuris Cambiis citatam Cambium siccum in alia acceptione minùs communi sumptum est Cambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo siccum quia sine praeuia acceptione dat Campsor Quod tamen vt fic acceptum autore Siluestro licitè celebratur aliquando Quia tunc verum reale Cambium est differens genere ab eo Cambio in quo Campsor prius recipit Quia in isto Campsor semper primò dat deinde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what catell are in the forest that it may be known whether it be ouercharged or not and whose the beastes be This drift when how often in the yeare by whome and in what maner it is to be made see Manwood parte 2. of his forest lawes cap 15. Droit d' Advowzen See Recto de aduocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur Disclaimer See Recto sur disclaimer Droit patent See Rectopatens Duces tecum is a writ commaunding one to appeare at a day in the chauncery and to bring with him some peece of euidence or other thing that the court would view See the new booke of Entries verb. Duces tecum Duke Dux commethe of the french Duc It signifieth in auncient times among the Romaines Ductorem exercitus such as led their armies who if by their prowes they obteined any famous victory they were by their souldiers sa'uted Imperatores as Hotoman verbo Dux de verbis feud il proueth out of Lyvy Tully and others Sithence that they were called Duces to whome the king or people committed the custodie or regiment of any province Idem eod And this seemeth to proceede from the Lombards or Germans Sigon de regno Ital. l. 4. In some natiōs at this day the Soveraignes of the country are called by this name as Duke of Russia Duke of Swethen Heere in England Duke is the next in seculer dignitie to the Prince of Wales And as M. Camden saith heretofore in the Saxons times they were called Dukes without any addition being but meere officers and leaders of armies After the Conquerour came in there were none of this title vntil Edward the thirds daies who made Edward his son Duke of Cornwayle After that there were more made and in such sort that their titles descended by inheritance to their posteritie They were created with solemnitie per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britan. pa. 166. Zasium de feudis parte 4. nu 7. Cassan de consuetud Burg pag. 6. 10. and Ferns glory of generosity pag. 139. Dutchy court is a court wherein all maters appertaining to the Dutchy of Lancaster are descided the decree of the Chauncelour of that Court. And the originall of it was in Henry the fourthes daies who obtaining the crown by deposing Richard the second and hauing the Dutchy of Lancaster by discent in the right of his mother he was seised thereof as king and not as Duke So that all the liberties fraunchises and Iurisdictions of the said Dutchy passed from the king by his graund seale and not by liverie or attournment as the possessions of Everwicke and of the Earldome of March and such others did which had descended to the king by other Auncesters then kings But at the last Henry the 4. by authoritie of Parlament passed a charter whereby the possessions liberties c. of the said Dutchy were seuered from the Crowne Yet Henry the 7. reduced it to his former nature as it was in Henry the fifts daies Crompton Iurisdict fol. 136. The officers belonging to this Court are the Chauncellour the Atturney Receiuer generall Clerke of the court the Messenger Beside these there be certain Assistantes of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chauncery foure
guardeyn of the spiritualties may be either Guardeyn in lawe or Iure Magistratus as the Archbishop is of any Dioces within his prouince or guardian by delegation as he whom the Archbishop or Vicar generall doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the iurisdiction of those hauens in the east part of England which are commonly called the Cinque ports that is the fiue hauens who there hath all that iurisdiction that the Admirall of England hath in places not exempt The reason why one Magistrate should be assigned to these few hauens seemeth to be because they in respect of their situation aunciently required a more vigilant care then other hauens being in greater daunger of invasion by our enemies by reason that the sea is narrower there then in any other place M. Camden in his Britannia pag. 238. saith that the Romaines after they had setled themselues and their Empire here in England appointed a Magistrate or gouernour ouer those East partes whom they tearmed Comitem littoris Saxonici per Britanniam hauing another that did beare the same title on the opposite part of the sea whose office was to strengthen the sea coasts with munition against the outrages and robberies of the Barbarians And farder signifieth his opinion that this Warden of the Cinque ports was first erected amongst vs in imitation of that Romaine policie See Cinque ports Gare anno 31. Fd. 3. cap. 8. is a course wooll full of staring haires as such as groweth about the pesill or shankes of the sheepe Garnishment commeth of the French Garnir i. instruere It signifieth in our common lawe a warning giuen to one for his appearance and that for the beter furnishing of the cause and court For example one is siewed for the detinew of certaine euidences or charters and saith that the euidences were deliuered vnto him not onely by the plaintiffe but by another also and therefore prayeth that that other may be warned to pleade with the plaintiffe whether the said conditions bee performed yea or no. And in this petition he is said to pray garnishment New booke of Entries fol. 211. colum 3. Termes of the lawe Cromptons Iurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the court with parties sufficient throughly to determine the cause because vntill he appeare and ioyne the defendant as Fitzh saith is as it were out of the court nat br fol. 106. G. and the court is not prouided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same mind cap. 28. where he saith that contracts be some naked and sans garnment and some furnished or to vse the literall signification of his word appareled but a naked obligation giueth no action but by common assent And therefore it is necessarie or needfull that euery obligation be appareled And an obligation ought to be appareled with these fiue sortes of garnements c. Howbeit I reade it generally vsed for a warning in many places and namely in Kitchin fol. 6. Garnisher le court is to warne the court And reasonable garnishment in the same place is nothing but reasonable warning and againe fol. 283. and many other authours also But this may be well thought a Metonymie of the effect because by the warning of parties to the court the court is furnished and adorned Garrantie See Warrantie Garter Garterium commeth of the french Iartiere or Iartier i. periscelis fascia poplitaria It signifieth with vs both in diuers statutes and otherwise one especiall garter being the ensigne of a great and noble societie of knights called knights of the garter And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Poeta among the Graecians was Homer among the Romanes Virgill 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 vpon good successe in a skirmish wherein the kings garter I know not vpon what occasion was vsed for a token I know that Polidore Virgill casteth in an other suspition of the originall but his groundes by his owne confession grew from the vulgar opinion yet as it is I will mention it as I haue read it Edward the third king of England after he had obtained many great victories King Iohn of Fraunce King Iames 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 vpon no weighty occasion first erect this order in anno 1350. viz. He dauncing with the Queene and other ladies of the court tooke vp a garter that happened to fall from one of them whereat some of the lords smiling the king said vnto them that eare it were long he would make that garter to be of high reputation shortly after instituted this order of the blew garter which euery one of the order is boūd daily to weare being richly decked with gold and pretious stones and hauing these words written or wrought vpon it Honi soit qui mal y pence which is thus commonly interpreted euill come to him that euill thinketh but I thinke it might be better thus Shame take him that thinketh euill See knights of the garter M. Fearne in his glory of generosity agreeth with M. Camden and expressier setteth downe the victories whence this order was occasioned whatsoeuer cause of beginning it had theorder is inferiorto none in the world consisting of 26. martiall and heroicall nobles whereof the king of England is the cheif and the rest be either nobles of the realme or princes of other countries friends and confederates with this realme the honour being such as Emperours and Kings of other nations haue desired and thankfully accepted it He that will reade more of this let him repaire to M. Camden and Polidore and M. Fern. fol. 120. vbi supra The Ceremonies of the chapter proceeding to election of the inuestures and robes of his installation of his vowe with all such other obseruances see in M. Segars new booke intituled Honour militarie and ciuile li. 2. ca. 9. fo 65. Garter also signifieth the principall king at armes among our English Heralds created by king Henry the 5. Stow. pa. 584. Garthman anno 13. R. 2. stat 1. ca. 19. anno 17. eiusd cap. 9. Gavelet is a speciall and auncient kinde of Cessauit vsed in Kent where the custome of Gavill kind continueth whereby the tenent shall forfeit his lands and tenements to the Lord of whome he holdeth if he withdraw from him his due rents and seruices The new Expounder of lawe Termes whom reade more at large I reade this word anno 10. Ed. 2. cap. vnico where it appeareth to be a writ vsed
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen 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 Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
a distinction between those lands that the Lord of a maner hath in his owne hands or in the hands of his leasec dimised vpon a rent for tearme of yeares or life and such other laÌ„d appertaining to the said maner which belongeth to free or copy-houlders Howbeit the copyhold belonging to any maner is also in the opinioÌ„ of many good lawyers accounted Demeines Bracton in his fourth booke tract 3. ca. 9. nu 5. hath these words Item dominicum accipitur multipliciter Est auteÌ„ dominicum quod quis habet admensam suam propriè sicut sunt Bordlands anglie Item dicitur dominicum villenagium quod traditur villanis quod quis tempestiuè intempestiue resumere possit pro voluntate sua reuocare Of this Fleta likewise thus writeth Dominicum est multiplex Est autem Dominicum propriè terra admensam assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiuè pro voluntate domini poterit reuocari sicut est de terra commissa tenenda quam diu commissori placuerit poterit dici Dominicum de quo quis habet liberum tenementum alius vsumfructum etiam vbiquis habet liberum tenementum alius curam sicut de custode dicipoter it curatore vnde vnus dicitur a iure alius quoque ab homine Dominicum etiam dicitur ad differentiam eius quod tenetur in seruitio Dominicum est omne illud tenementum de quo antecessor obiit seisitus vt de feudo nec refert cum vsufructu vel sine de quo si eiect us esset si viueret recuperare posset per assissam nomine disseisina licet alius haberet vsum fructum sicut dici poterit de illis qui tenent in villenagio qui vtuntur fruuntur non nomine proprio sed nomine Domini sui Fleta l. 5. c 5. § DominicuÌ„ auteÌ„ And the reasoÌ„ why copyhold is accouÌ„ted Demeanes is because they that be tenents vnto it are iudged in law to haue nor other right but at the will of the lord Soe that it is reputed still after a sort to be in the Lords hands And yet in common speach that is called ordinarily Demeanes which is neither free nor copy It is farder to be noted that Demaine is sometime vsed in a more speciall signification and is opposite to Franck fee. For example those lands which were in the possession of King Edward the confessor are called auncient Demaine all others be called Franck fee. Kitchin fol 98. and the tenents which hould any of those lands be called tenents in auncient demaine the others tenents in franck fee. Kitchin vbi supra And also tenents at the common lawe West parte 2. Simbol titulo Fines Sect 25. The reason is because tenents in auncient Demaine cannot be syewed out of the Lords court Tearmes of the Lawe verbo Auncient Demaine And the tenents in auncieÌ„t demaine though they hould all by the verge and haue none other euideÌ„ce but copy of court rolle yet they are saide to haue free hould Kitchin fol. 81. See Awncient demaine Demayne cart of an Abbot seemeth to bee that cart which the Abbot vseth vpon his owe Demaine Anno. 6. H. 3. cap. 21. Demurrer Demorare commeth of the French Demeurer i. manere in aliquo loco vel morari It signifieth in our common lawe a kinde of pawse vpon a pointe of difficultie in any action and is vsed substantiuely For in euery action the controversie consisteth either in the fact or in the lawe if in the fact that is tried by the Iurie if in lawe then is the case plaine to the Iudge or so hard and rare as it breedeth iust doubt I call that plaine to the Iudge wherein hee is assured of the lawe though perhaps the partie and his councell yeeld not vnto it And in such the Iudge with his Assessors proceedeth to Iudgement without farder worke but when it is doubtfull to him and his Associates then is there stay made and a time taken either for the court to thinke farder vpon it and to agree if they can or els for all the IuÌ„stices to meete together in the Chequer chamber and vpon hearing of that which the sergeants shall say of both partes to advise and set downe what is lawe And whatsoeuer they conclude standeth firme without farder remedie Smith de Repub. Angliae lib. 2. cap. 13. West calleth it a Demurrer in chauncery likewise when there is question made whether a parties answer to a bille of complaint c. be defectiue or not and thereof reference made to any of the bench for the examination therof report to bee made to the court parte 2. symb tit Chauncery sect 29. Denariata terrae See Farding deale of land Denizen commeth of the French Donaison i. Donatio and signifieth in our common lawe an Alein that is infraÌ„chised here in England by the Princes charter an dinabled almost in all respects to doe as the kings natiue subiects doe namely to purchas and to possesse lands to be capable of any office or dignitie Yet it is saide to be short of naturalisâ—â—ion because a straunger naturalised may inherit lands by descent which a man made onely a denizen cannot And againe in the charter whereby a man is made denizen there is commonly conteined some one claufe or other that abridgeth him of that full benefite which naturall subiects doe inioy And when a man is thus infránchised he is saide to bee vnder the kings protection or esse ad fidem Regis Angliae before which time he can inioy nothing in England Bracton lib. 5. tractat 5. cap. 25. nu 3. Nay hee and his goods might bee seised to the kings vse Horn in his mirrour of Iustices li. 1. ca. de la Venue de franc plege Deodand Deodandum is a thing giuen or forseited as it were to God for the pacification of his wrath in a case of misaduenture whereby any Christian soule commeth to a violent ende without the fault of any reasonable creature For example if a horse should strike his keeper and so kille him if a man in dryuing a cart and seeking to redresse any thing about it should so fall as the cart wheele running ouer him should presse him to death if one should be felling of a tree and giuing warning to one coÌ„ming by wheÌ„ the tree were neere falling to looke to themselues and any of them should bee slaine neuerthelesse by the fall of the tree In the first of these cases the horse in the second the cart wheele carte and horses and in the third the tree is to be giuen to God that is to be sold and distributed to the poore for an expiation of this dreadfull euent though effected by vnreasonable yea sensles dead creatures Stawnf pl. cor lib. 1. ca. 2. whereof also read Bracton lib. 3. tractat 2. cap. 5. and Britton cap. 7. and West parte 2.
Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ„ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌ„t of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ„ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to â—doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌ„modities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌ„t of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
also by diuers places in Bracton who saith that knights must be in Iuries which turne Freeholders doe serue Knights of the Garter Equites Garterii are an order of knights created by Edward the third after he had obtained many notable victories king Iohn of Frannce and king Iames of Scotland being both his prisoners together and Henry of Castile the bastard expulsed out of his Realme and Don Petro being restored vnto it by the Prince of Wales and Duke of Aquitane called the blacke Prince who for furnishing of this honorable Order made a choice out of his owne realme and all Christendome of the best and most excellent renowned Knights in vertues and honour bestowing this dignitie vpon them and giuing them a blew Garter decked with gold pearle and precious stones and a buckle of gold to weare daily on the left legge onely a kirtle gowne cloake chaperon a coller other stately and magnificall apparell both of stuffe and fashion exquisite and heroicall to weare at high feastes as to so high and princely an order was meete Of which Order he and his successours kings of England were ordained to be the Soueraignes and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo cap. 20. I haue seene an auncient monument whereby I am taught that this Honourable companie is a Colledge or a Corporation hauing a common Seale belonging vnto it and consisting of a Soueraigne Gardian which is the King of England that alwaies gouernes this order by himselfe or his Deputie of 25. Companions called Knights of the Garter of 14. secular Chanons that be Priests or must be within one yeare after their admission 13. Vicars also Priests and 26. poore Knights that haue no other sustenance or meanes of liuing but the allowance of this house which is giuen them in respect of their daily praier to the Honour of God and according to the course of those times of Saint George There be also certaine officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bish of Winchester for the time being the Chaunceler of the Garter the Register who is alwaies Deane of Windesour The principall King at Armes called Garter whose chiefe function is to manage and marshall their Solemnities at their yearely feasts and Installations Lastly the Vsher of the Garter which as I haue heard belongeth to an Vsher of the Princes chamber called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society with certaine forfeitures and sometime penances for the Breakers of them which constitutions concerne either the solemnities of making these Knights or their duties after their Creation or the Priuiledges belōging to so high an order but are too large for the nature of this poore Vocabularie The site of this Colledge is the Castle of Windesoure with the Chapel of Saint George erected by Edward the third and the Chapter house in the said Castell Howbeit the yearly Solemnity or prosession may be and is by the Soueraignes direction performed at the Court wheresoeuer it lyeth vpō Saint Georges day M. Camden saith that this order receiued great ornament from Edward the 4 See Fearns glory of Generosity pag. 120. See Garter Hospinian in his booke de origine progressu Monachatus maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may reade cap. 307. as also Bernardus Girardus in his historie libr. 15. ca. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a sword in the ceremonie of his Creation Ferns glorie of generosity pag. 105. These are spoken of anno 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind whereby it appeareth that these Knights were soe called of a Bath into the which after they had bine shauen and trimmed by a Barber they entred and thence the night before they were Knighted being well bathed were taken againe by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and ledde through many solemne Ceremonies viz. Confessing their sinnes watching and praying all night in a church or chappell with many other to the order of Knighthood the next day So that by the same reason these seemed to be termed Knights of the Bathe by which Knights made out of the feild in these daies are called knights of the Carpet because in receiuing their order they commonly kneele vpon a Carpet Knights of the order of Saint Iohn of Ierusalem milites Sancti Iohannis Heirosolumitani were otherwise called the Knights of the Rhodes being an order of Knighthood that had beginning about the yeare of the Lord. 1120. Honorius then Pope of Rome Cassanaeus de gloria mundi parte 9. Considerarione 4. M. Fern. in his glorie of Generosity pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem and thē in Rhodes wheremany of thē liued vnder their Principall called the M. of Rhodes vntill they were expelled thence by the Turke anno 1523. sithence which time their cheife seate is at Malta where they haue done great exploits against the Infidels but especially in the yeare 1595. These though they had their beginning especialest abode first at Ierusalem and next in Rhodes yet they encreased both in number and Reuenues liuing after the order of Friers vnderthe Rule of Saint Augustine and were dispersed into France Spaine Alvern Campany Englād and Ireland Of these mention is made in the stat anno 25. H. 8. ca. 2. anno 26. eiusdem cap. secundo and it appeareth that they in England had one generall prior that had the gouernment of the whole order within England Scotland Reg. orig fol. 20. b. But toward the ende of Henrie the eights daies they in England and Ireland being found ouer much to adhere to the B. of Rome against the King were suppressed and their Lands and goods referred by Parlament to the Kings disposition anno 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described you may reade in the Treatise intituled the Booke of Honour and Armes lib. 5. cap. 18. written by M. Rich. Ihones Knights of the Rhodes anno 32. H. 8 ca. 24. See Knights of the order of Saint Iohn Knights of the Temple otherwise called Templers Templaplarii was an order of Knighthood created by Gelasius the Pope about the yeare of our Lord. 1117. and so called because they dwelt in a part of the buildings belonging to the Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Cristian straungers and Pilgrims charitably and in their armour ledde them through the Holy Land to view such things as there were to be seene without feare of Infidels adioyning This Order continuing and increasing by the
high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife her husband or when a secular or religious man killeth his prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed See Cromptons Iustice of peace And this maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum