Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28468	Nomo-lexikon, a law-dictionary interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern lawes : with references to the several statutes, records, registers, law-books, charters, ancient deeds, and manuscripts, wherein the words are used : and etymologies, where they properly occur / by Thomas Blount of the Inner Temple, Esq.	Blount, Thomas, 1618-1679.	1670 (1670)	Wing B3340; ESTC R19028	517,540	312

Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit huju●●●ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was there●y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feri● Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per

of a Toft Toftmanni similiter operabantur a Sancto Michaele usque ad autumpnum in autumno per 6 hebdomadas unaquaque hebdomade per 2 dies c. Pri. Lew. pag. 18. See Molman Tol Tollere As it is a Verb signifies to defeat or take away Anno 8 Hen. 6. cap. 9. As to Tol the Entry i. To take away the right of Entry Toll Tolnetum vel Theolonium Is a Saxon word and hath two significations First It is used for a liberty to buy and sell within the Precincts of a Mannor Secondly For a Tribute or Custom paid for Passage Buying Selling c. Bracton lib. 2. cap. 24. num 3. interprets it to be a Liberty as well to take as to be Free from Toll for they who are enfeoffed with Toll are Custom-free says Skene Toll hoc est quod vos homines vestri de toto Homagio vestro sint quieti de omnibus mercatis de Tolneto de omnibus rebus emptis venditis Of this freedom from Toll the City of Coventry boasts of an ancient Charter granted by Leosric or Luriche Merciorum Comes who at the importunity of Godeva his vertuous Lady granted this Freedom to that City and in Richard the Seconds time according to Mr. Dugdale in his Description of Warwickshire the Picture of him and his Lady was set up in the South-Window of Trinity Church there holding in his right hand a Charter with these words written thereon I Luriche for the love of thée Do make Coventry Toll-frée Some Authors make mention of Toll-through which is Money paid for passage in or through some High-ways or over Ferries Bridges c. Toll-travers for passing over a private Mans Ground and Toll-turn which is Toll paid at the return of Beasts from Fair or Market though they were not sold Plowden Casu Willion fol. 236. Kitchin fol. 104. By the ancient Law of this Land the Buyers of Corn or Cattle in Fairs or Markets ought to pay Toll to the Lord of the Market in testimony of the Contract there lawfully made in open Market because privy Contracts were held unlawful Horns Mirror lib. 1. Tollage Anno 17 Car. 1. cap. 15. See Tallage Tolsester Per Tolsester clamat esse quiet de reddend unum Sextarium Cervisiae quod continet xvi Lagenas de nova cervisia mensurata desubtus le Shakelif pro licencia braciandi cervis per totum annum Ex Rol. Plac. in Itin. apud Cestriam 14 Hen. 7. The same word occurs in Carta 55 Hen. 3. m. 6. See Gavel-sester Tolt Tolta Is a Writ whereby a Cause depending in a Court Baron is removed to the County Court and so called because it does Tollere loquelam from the one Court to the other Preface to Cokes 3 Rep. Plac. Coram Rege Pasc 22 Edw. 1. Rot. 18. Tolta placiti significat processum per quem causa a jurisdictione juris temporalis tollitur Toltray Venditio salis quae debet solvi i. Bushel dimid salis per mensuram 4 d. MS. de Temp. Edw. 1. Tonne See Tun. Tort Fr. Injustice injury As De son tort mesme in his own wrong Crokes Rep. Whites Case fol. 20. Wrong or injury is properly called Tort because it is wrested or crooked Coke on Littl. fol. 158. b. Tortfeasor Fr. Tort faiseur A Doer of wrong a Trespasser Croke 2 part fol. 383. num 11. Toties quoties Anno 19 Car. 2. cap. 4. As often as Totted A good debt to the King is by the Foreign Apposer or other Officer in the Exchequer noted for such by writing this word tot to it Anno 42 Edw. 3. cap. 9. and 1 Edw. 6. cap. 15. See Practice of the Exchequer pag. 71. Totteray Was a Customary payment of four pence for every Bushel and a half of Corn sold at Maldon in Essex Hil 15 Edw. 1. Tourn See Turne Tout temps prist uncore est i. Always ready and is so at this present Is a kinde of Plea in way of excuse or defence for him that is sued for any Debt or Duty belonging to the Plaintiff See Brooks Abr. fol. 258. Towage Towagium Fr. Touaige Is the towing or drawing a Ship or Barge along the Water by Men or Beasts on Land or by another Ship or Boat fastned to her Also that Money or other recompence which is given by Bargemen to the owner of the Ground next a River where they tow a Barge or other Vessel The word may probably be derived from the Saxon teon Ducere trahere Dominus Rex habeat habere debeat Thowagium navium batellorum majorum minorum in aqua de Tyne c. Pla. Coram Rege ejus Concil Parl. 18 Edw. 1. in Turre London Traylbaston See Justices of Traylbaston and see the Copies of several Commissions granted to them by Edward the First in Spelmans Glossarium verbo Traylbaston The common people in those days called them Traybaston quod sonat Trahe baculum Edward the First in his Thirty second year says Sir Rich. Baker sends out a new Writ of Inquisition called Trailbaston against Intruders on other Mens Lands who to oppress the right owner would make over their Lands to great Men against Batterers hired to beat men Breakers of Peace Ravishers Incendiaries Murderers Fighters False Assisors and other such Malefactors which Inquisition was so strictly executed and such Fines taken that it brought in exceeding much Treasure to the King Chron. fol. 111. See Plac. Parliamentaria fol. 211. 280. and 4 Instit 186. And in a Parliament 1 Ric. 2. the Commons of England Petitioned the King That no Commission of Eyre or Trayle Baston might be issued during the Wars or for Twenty years to come Rot. Parl. 1 Ric. 2. Traytor Traditor Proditor See Treason Traiterous Position Of taking Arms by the Kings Authority against his person and those that are commissionated by him condemned by the Stat. 14 Car. 2. cap. 3. Transcript Anno 34 35 Hen. 8. cap. 14. Is the Copy of any Original written again or exemplified As the Transcript of a Fine Transcripto Recognitionis factae coram Justiciariis itinerantibus c. Is a Writ for the certifying of a Recognizance into Chancery taken before Justices in Eyre Reg. of Writs fol. 152. b. Transcripto pedis Finis levati mittendo in Cancellariam Is a Writ for the certifying the Foot of a Fine levied before Justices in Eyre c. into the Chancery Reg. of Writs fol. 169. and Reg. Judic fol. 14. Transgressione Is a Writ commonly called a Writ or Action of Trespass Of which Fitzherbert hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differs from the other because it hath not these words Quare vi Armis c. Nat. Br. fol. 84. G. The other is termed a Writ of Trespass which is to be sued in the Common Pleas or Kings Bench. Nat.

Br. fol. 92. E. See Trespass and the divers use of this Writ in the Table of Reg. of Writs 2 Inst fol. 419. Transire Anno 14 Car. 2. cap. 11. I used for a Custom-house Warrant or Let-pass from transeo to go forth or let pass Transitory Is the opposite to Local See Local Trantery So in some Mannors they call the Money arising by Amercements of Ale-sellers and Victuallers for breaking the Assise of Bread and Ale as at Luston and other Mannors in Herefordshire especially those belonging to the Brishopric of Hereford But why so called Quaere Travers from the Fr. Traverser i. Transfigere Signifies sometimes to deny sometimes to overthrow or undo a thing or to put one to prove some matter much used in answers to a Bill in Chancery or it is that which the Defendant pleadeth or saith in Bar to avoid the Plaintiffs Bill either by confessing and avoiding or by denying and traversing the material parts thereof The formal words of which Travers are in our French sans ceo in Latin absque hoc in English without that See Kitchin fol. 227. 240. To Travers an Office is nothing else but to prove That an Inquisition made of Goods or Lands by the Escheater is defective and untruly made So to Travers an Indictment is to take issue upon the cheif matter and to contradict or deny some point of it As in a Presentment against A. for a High-way overflown with Water for default of scouring a Ditch c. A. may Travers either the matter that there is no High-way there or that the Ditch is sufficiently scoured or otherwise he may Travers the Cause viz. That he hath not the Land or that he and they whose estate c. have not used to scour the Ditch Lamb. Eiren. lib. 4. cap. 13. pag. 521 522. See the New Book of Entries verbo Travers Treason Fr. Trahison i. Proditio Is divided into high and petit Anno 25 Edw. 3. stat 3. cap. 4. High-treason is defined to be an offence committed against the Security of the King or Commonwealth whether it be by imagination word or deed as to compass or imagin the death of the King Queen or Prince or to deflower the Kings Wife or His eldest Daughter unmarried or His eldest Sons Wife or levy War against the King in His Realm adhere to His enemies counterfeit His Great Seal Privy Seal or Money or wittingly to bring false Money into this Realm counterfeited like the Money of England and utter the same To kill the Kings Chancellor Treasurer Justices of either Bench Justices in Eyre of Assise or of Oyer and Terminer being in their place doing their Office An. 25 Edw. 3. cap. 2. Forging the Kings Seal-Manuel or Privy Signet Privy Seal or Foreign Coyn current here Anno 2 Mar. cap. 6. or diminishing or impairing current Money 5 Eliz. cap. 11. 14 Eliz. cap. 3. and 18 Eliz. cap. 1. Or to say the King is an Heretick or Papist or that He intends to introduce Popery c. Anno 13 Car. 2. cap. 1. And many others which you may read there and in other places particularly expressed In case of this Treason a Man shall be hanged drawn and quartered and forfeit his Lands and Goods to the King it is also called Treason Paramount Anno 25 Edw. 3. cap. 2. Petit Treason Is when a Servant kills his Master a Wife her Husband or when a Secular or Religious Man kills his Prelate or Superior to whom he ows Faith and Obedience and in how many other Cases Petit Treason may be committed See Cromp. Just of Peace This kinde of Treason gives forfeiture of Escheats to every Lord within his own Fee See Bracton lib. 3. tract 2. cap. 3. num 1. 2. There is also mention of Accumulative Treason and Constructive Treason in the Stat. 14 Car. 2. cap. 29. Treasure-trove Fr. Tresor-trouve i. Treasure-found Signifies veterem depositionem pecuniae cujus non extat memoria ut jam dominum non habeat And though the Civil Law give it to the finder according to the Law of Nature yet our Law gives it to the King by His Prerogative or to some other who claims by the Kings grant or by praescription as appears by Bracton lib. 3. Tract 2. ca. 3. nu 4. The punishment for concealing Treasure found is imprisonment and fine But if the owner may any wayes be known then it does not belong to the Kings Prerogative Briton ca. 17. sayes 't is every Subjects part as soon as he has found any Treasure in the earth to make it known to the Coroners of the County c. See Kitchin fo 40. Anno 1 2 Ph. Mary ca. 15. This was anciently called Fyndaringa of finding the Treasure LL. Hen. 1. ca. 11. See 3 Inst fo 132. Treasurer Thesaurarius Is an Officer to whom the Treasure of another is committed to be kept and truly disposed of The chief of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose Government is all the Princes Wealth contained in the Exchequer as also the Check of all Officers any way employed in collecting Imposts Tributes or other Revenues belonging to the Crown c. Smith de Repub. Angl. lib. 2. ca. 14. See Anno 20 Ed. 3. ca. 6. and other Statutes relating to this Great Officer There is also Treasurer of the Kings Houshold who is also of the Privy-Council and in the absence of the Steward of the Kings houshold has power with the Controller and Steward of the Marshalsea without Commission to hear and determin Treasons Murder c. committed within the Kings Palace Stam. Pl. Cor. lib. 3. ca. 5. There is also in the Statutes mention of Treasurer of the Exchequer Treasurer of the Navy Treasurer of the Kings Chamber Treasurer of the Kings Wardrobe Treasurer of the Wars c. And most Corporations throughout the Kingdom have an Officer of this Name who receives their Rents and disburseth their common expences Treat From the French Traire i. Emulger● Signifies as much as taken out or withdrawn As a Juror was challenged because he could not dispend 40 l. and therefore was treat by the Statute Old Nat. Br. fo 159. that is removed or discharged Trebuchet Terbichetum A Tumbrel or Cokestole 3 Part. Inst fo 219. See Tribuch Treet Triticum i. Wheat In the Statute of 51 Hen. 3. Bread of Treet seems to be that bread which was made of fine Wheat See Cocket Trental Trentale An Office for the Dead continued thirty dayes or consisting of thirty Masses from the Italian Trenta i. Triginta mentioned Anno 1 Ed. 6. ca. 14. Et volo ordino quod Executores mei ordinant scu ordinare faciunt unum Trentall pro salute animae meae Will proved Anno 1456. Trespass Transgressio Signifies any transgression of the Law under Treason Felony or Misprision of either Stam. pl. Cor. fo 38. where he