THE INTERPRETER: OR BOOK CONTAINING the Signification of Words: Wherein is set forth the true meaning of all, or the most part of such Words and Terms, as are mentioned in the Law Writers, or Statutes of this victorious and renowned Kingdom, requiring any Exposition or Interpretation.  
A Work not only profitable, but necessary for such as desire thoroughly to be instructed in the knowledge of our Laws, Statutes, or other Antiquities.  
Collected by JOHN cowel Doctor, and the King's majesties Professor of the Civil Law in the University of Cambridge.  In Legum obscuritate captio. 
HINC LUCEM ET POCULA SACRA  
ALMA MATER CANTABRIGA   printer's or publisher's device 
AT CAMBRIDGE Printed by JOHN LEGATE. Anno 1607.   


Collegium jesus Cantabrigiense 1700    

To the most reverend Father in God, his especial good Lord, the Lord Archbishop of Canterbury, Primate and Metropolitan of all England, and one of his Malesties' most Honourable Privy Council.  
AFTER long deliberation, I hardly induced myself to crave your gracious protection toward this simple work: valueing it at so low a price, as I think it hardly worth the respect of any grave man, much less the favourable aspect of so honourable a parsonage. Yet the remembrance of those your fatherly provocations, whereby; at my coming to your Grace from the University, you first put me upon these studies, at the last by a kind of necessity enforced me to this attempt: because I could not see how well to avoid it, but by adventuring the hateful note of unthankfulness. For I cannot without dissimulation, but confess myself persuaded, that this poor Pamphlet may prove profitable to the young Students of both Laws, to whose advancement that way, I have of late addicted mine endeavours: else were I more than mad to offer it to the world: and to offer it without mention of him, that by occasioning of this good, more or less, deserveth the prime thanks, were to prove myself unworthy of so grave advice.  
And therefore howsoever I account this too much boldness in respect of the subject yet could I be exceedingly glad, it might please your Grace to ascribe mine intention to the integrity of my duty. For he that meaneth truly well, & cannot perform much: must needs rejoice at the good acceptance of that little which he performeth.  
All I crave for 〈◊〉 at your Grace's hands, is patience and pardon for this enterprise, with the continuance of those your many favours, that hitherto to inygreat comfort I have enjoyed. And so my long observation of your judicious disposition, having caught me, what small delight you take in affected compliments and verbal commendation, without more words, in all true humbleness, I beseech the Almighty long to continue your Grace in health and prospetitie, to his glory, and the good of his Church.  
Your Graces at all Commandment, IO. cowel.   

To the Readers.  
GENTLE Readers, I here offer myself to your censures, with no other desire, then by you to be admonished of my faults. For though I do profess the amplifying of their works, that have gone before me in this kind, and have both gathered at home, and brought from abroad some ornaments for the better embellishing of our English laws: yet am I neither so vain, as to deny mine imperfections, nor so passionate, as to be offended at your charitable reformation. Nay, my true end is the advauncement of knowledge; and therefore have I published this poor work, not only to impart the good thereof to those young ones that want it: but also to draw from the learned the supply of my defects: and so by degrees, if not myself to finish this model, yet at the least, by the heat of emulation to incense some skilfuller architect thereunto. Yea, I shall think my pains sufficiently recompensed, if they may be found but worthy to stir up one learned man to amend mine errors.  
The Civilians of other nations, have by their mutual industries raised this 〈◊〉 of work in their profession, to an inexpected excellency. I have seen many of them that have bestowed very profitable and commendable pains therein and lastly one calvinus a Doctor of Heidelberge, like a laborious Bee, hath gathered from all the former, the best juice of their flowers, and made up a hive full of delectable honey. And by this example would I gladly incite the le arned in our common laws and antiquities of England, yet to lend their advice to the gaining of some comfortable lights & prospects toward the beautifying of this ancient palace, that hitherto hath been accounted (howsoever substantial) yet but dark and melancholy.  
Whosoever will charge these my traviles with many 〈…〉 sights, he shall need no solemn pains to prove them. For I will easily confess them. And, upon my view taken of this book since the impression, I dare assure them that shall observe most faults therein, that I by gleaning after him, will gather as many omitted by him, as he shall show committed by me. But I learned long sithence out of famous Tully; that as no man's errors ought to be followed, because he sayeth some things well: so that which a man saith well, is not to be rejected, because he hath some errors. No man, no book is void of imperfections. And therefore reprehend who will, in God's name: that is, with sweetness, and without reproach. So shall he reap hearty thanks at my hands: and by true imitation of the most judicious that ever written, more sound help on this point of learning to perfection in a few months, than I by tossing and tumbling my books at home, could possibly have done in many years. Experience hath taught me this in mine Institutes lately set forth: by publishing whereof I have gained the judicious observations of divers learned gentlemen upon them, which by keeping them private I could never have procured. By which means I hope one day to commend them to you again in a more exact purity, and so leave them to future times for such acceptance, as it shall please God to give them.  
I have in some towardness a tract (de regulis juris) wherein my intent is, by collating the cases of both laws, to show, that they both be raised of one foundation, and differ more in language and terms then in substance, and therefore were they reduced to one method (as they easily might) to be attained (in a manner) with all one pains. But my time imparted to these studies, being but stolen from mine employments of greater necessity, I cannot make the hast I desire, or perhaps that the discourse may deserve. Wherhfore until my leisure may serve to perform that, I entreat you lovingly to accept this.  
One thing I have done in this book, whereof, because it may seem strange to some, I think to yield my reason: and that is the inserting not only of words belonging to the art of the law, but of any other also, that I thought obscure, of what sort soever; as Fish, Cloth, Spices, Drugs, Furs, and such like. For in this I follow the example of our Civilians, that have thought it their part to expound any thing they could meet with in their walk. And in deed a Lawyer professeth true Philosophy, and therefore should not be ignorant (if it were possible) of either beasts, fowls, or creeping things, nor of the trees from the Cedar in Lebanon, to the Hyssop that springeth out of the brickwall. And therefore, if I have either omitted any hard word within my circuit, or set it down not expounded; I give you good leave to impute the one to my negligence, the other to mine ignorance: and so commend these my pains to your best profit, and you unto God.  
November. 3. 1607. IO. COWELL.   

These faults I have noted (according to the words alphabetically) which of necessity require emendation.  
IN the word Range, for Pouralleeses, read Pourallees. In the word Reasonable aid, read Claimeth of his tenants, holding etc. For the word Remittere, read Remitter. In the word Returno habendo, for Explevied, read Replevied. In the word Scot and Lot, for Aulote & Auscote, read Anlote & Anscote. For the word Statutum de laboriis, read Laborariis. In the word Term, for Certify, read Rectify. For the word third with hawan man, read third nith. For the word Tost, read Toft In the word Tolle, for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In the word Verdour, for Verdioir, read Verdeur. For the word Vicountie, read Vicountiel. In the word Watlingstreat, for toss, read Fosse: in the word Widow, for Vide, read Vuide. For the word Woolferthfod, read Wolferhefod.   

The signification of Words.  

A B  
ABATE (jutrudere) seemeth to be taken from the French Abatre, i. decutere, destruere, prosternere. It is in the Writers of the Common law used both actively and passively, or rather neuterly: as to abate a castle or a fortlet, Old. Nat. br. foe 45. which in Westm. 1. cap. 17. is plainly interpreted to be as much, as to beat down. And to abate a Writ, is by some exception to defeat or overthrow it, Britton. cap. 48. And in this Active voice it hath two significations: one general, another special: general, as in the former examples: and again in Kitchen fol. 173. Abater meason, is to ruin or cast down a house: especial, as in the Old. Nat br. fol. 115. A stranger abateth, that is, entereth upon a house or land void by the death of him that last possessed it, before the heir take his possession, and so keepeth him out. Wherefore as he that putteth out him in possession, is said to disseise: so he that steppeth in between the former possessor and his heir, is said to abate. In the neuter signification it is used, ann. 34. Edw. 1. stat. 2. of joint tenants, viz. the Writ of the demandant shall abate, that is, shall be disabled, frustrated or overthrown. So in Stawnfords' pleas of the crown, fol. 148. In this case a man may say, that the appeal abateth by covin, that is, that the accusation is defeated by deceit. See Intrusion.  
Abatement (Intrusio) cometh also of the French (abatement) i. deiectio, decussio, prostratio, and is likewise used as the verb (abate) both actively and passively: sometime signifying the act of the abator; as the abatement of the heir into the land before he hath agreed with the lord Old nat. br. fol. 91. Sometime the affection or passion of the thing abated, as abatement of the writ. kitchen. fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians, Brit. cap. 51. or rather an effect of it. For the exception alleged, and made good, worketh the abatement. And this exception may be taken either to the insufficiency of the matter, or to the incertainty of the allegation by the misnaming of the plaintiff, defendant, or place, to the variance between the Writ and the specialty, or record, to the incertainty of the Writ, count, or declaration, or to the death of the plaintiff or defendant: new terms of the law, verbo, Abatement of Writ. And he that will read more of this, may look upon the new book of Entries, verbo, Brief.  
Abatour (Intrusor) is he that abateth, that is, thrusteth into a house or land, void by the death of the former possessor, and not yet entered or taken up by his heir. Old. nat. br. fol. 115. Perkins fol. 76. If there be a disseissor, abator, or intrudor upon any land by the deceit of the woman, etc.  
Abbot (Abbas) in French Abbè, is by skilful Linguists said to come from the Syriac word (Abba) i. pater, and in our common law is used for him that in the covent or fellowship of Canons hath the rule and pre-eminence. He is by justinian. novel. constitut. 115. §. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. termed Archimandrita, of others Coenobiarcha, vel Archimonachus, Hoto. in verbis feuda. Of these some here in England were mitred, some not: Stows annals, pa. 442. And those that were mitred, were exempted from the jurisdiction of the diocesan, having in themselves episcopal authority within their precincts, and being also Lords of the Parliament. Of this kind thus saith Corasius; Aliqui Abbates habent jurisdictionem episcopalem, ad quos cum Ecclesia pleno iure pertineat, in eorum Monasteriis Episcopus nihil exercet, cap. Ea quae. Vbi Panor. extra de statu Monacho. Haec dictus author in Paraphrasi de sacerdotio. materia, part pri. cap. 9 And these were called Abbots sovereign, anno 9 R. 2. cap 4. and Abbots generals, as M. Fearne noteth in his glory of generosity. pag. 126. The other sort were subject to the diocesan in all spiritual government, cap. Monasteria, 18. quaest. 2. cap. Abbas. & cap. visit andi, cum quatuor sequentibus ibidem. ca Omnes. 16. quaest. 7. & cap. cum venerabilis. extra de religîosis domibus. And as Abbots, so were there Lord Priors also, who both had exempt jurisdiction, & were Lords of the Parliament, as appeareth by S. Edward Cook de iure Ecclesiastico, fol. 28. a.  
Abeyance, seemeth to be derived from the French (Abayer. i. allatrare,) to bark at, as dogs do against a stranger, or spaniels at a pheasant put to the pearke. So children are said (bayer à la mamme) when seeing the dug, they struggle and make means towards it. And they likewise (bayer a l'argent) qui spe atque animo incumbunt pecuniae. This word in Litleton, cap. Discontinuance, is thus used. The right of Fee-simple lieth in abeyance: that is, (as himself interpreteth) all only in the remembrance, intendment, and consideration of the law. Also in the same place: the Francke tenement of the glebe of the parsonage, is in no man during the time that the parsonage is void, but is in abeyance. And again: It is a principle in law, that of every land there is Fee-simple in some man, or the Fee-simple is in abeyance. Considering these places, and comparing them with the signification of the French word, I am driven to think, that our ancient Lawyers would signify hereby a kind of hope, or longing expectance: because that those things that be in abeyance, though for the present they be in no man, yet they are in hope and expectation belonging to him that is next to enjoy them. For I find also in the French, that un bayard, is avidus spectator, a greedy beholder. I cannot in mine own opinion better compare this, then to that which the Civilians call haereditatem iacentem. For as Bracton saith (lib. 1. cap. 12. nu. 10.) Haereditas iacens nullius est in bonis ante aditionem. Sed fallit in hoc quia sustinet vicem personae defuncti, vel quia speratur futura haereditas eius qui adibit. So that (as the Civilians say) goods and lands do iacere, whilst they want a possessor, and yet not simply, because they had lately one, and may shortly have another: so the common Lawyers do say, that things in like estate are in abeyance. Read farther of this in the new terms of law, and in Plowdens' reports, casu Walsingham, fol. 554. a.  
Abet (Abettare) may without absurdity be said to proceed from the French (bouter) i. ponere, apponere, impellere, propellere. It signifieth in our common law as much as to encourage or set on. The substantive (abetment, abettum) is used for an encouraging or setting on, Stawnf. pl. cor. fol. 105. And also (abettour) for him that encourageth or setteth on, Old nat. br. fol. 21. But both verb and noun is alway used in the evil part.  
Abishersing (according to Rastall in his Abridgement, titulo Exposition of law words) is to be quit of amerciaments before whom soever of transgression. The author of the new terms calleth it otherwise (Mishersing) and saith it is to be quit of amerciaments before whom soever of transgression proved. I am of opinion that the word originally signifieth a forfeiture, or an amerciament, and that it is much transformed in the writing by misprision and ignorance of Clerks: thinking it very probable, that it proceedeth from the German verb (Beschetzen) which is as much as fisco addicere vel confiscare. It seemeth by the former authors to be termed a freedom or liberty, because he that hath this word in any charter or grant, hath not only the forfeitures and amerciaments of all others within his fee for transgressions, but also is himself free from all such control of any within that compass.  
Abjuration (Abiuratio) signifieth in our common law asworne banishment, or an oath taken to forsake the realm for ever. For as Stawnford pl. cord. li. 2. cap. 40. saith out of Polydore Virgil's eleventh book of Chronicles, the devotion toward the Church first in S. Edward a Saxon king, and so consequently in all the rest until anno 22. H. 8. was so earnest that if a man having committed felony, could recover a church or church yard before he were apprehended, he might not be thence drawn to the usual trial of law, but confessing his fault to the justices at their coming, or to the Coroner, before them, or him give his oath finally to forsake the realm. Of this you may read a touch, anno 7. Hen. 7. cap. 7. But the form and effect of this you may have in the old abridgement of Statutes, titulo. Abjuration. nu. 3. taken out of the ancient Tractate entitled, De officiis coronatorum: as also in Cromptons' Tractate of the office of the Coroner, fol. 206. b. and in the new book of entries, verbo, Abjuration: and in Andrew Horus mirror of justices, lib. 1. cap. deal office del coroner. This part of our law was in some sort practised by the Saxons, as appeareth by the laws of king Edward set out by M. Lamberd, nu. 10. but more directly by the Normans, as is evident by the grand customary, cap. 24. where you have these words in effect: He that flieth to a Church, or holy place, may stay there for eight days. And at the ninth day he must be demanded, whether he will yield himself to secular justice, or hold him to the Church. For if he will, he may yield himself to the lay Court: if he will cleave to the Church, he shall forswear the country before the Knights and other people of credit, which may witness the act, if need require. The form of the oath is likewise there set down with the rest of the proceeding in this matter very agreeable with ours. This mercy as well of the Saxons as Normans derived unto us, something resembleth that of the Roman Emperors toward such as fled to the Church, lib. 1. Co. titulo 12. or to the images of themselves, eodem. titulo 25. And also that of Moses touching the cities of refuge, Exod. cap. 21. vers. 13. Numb. cap. 35. vers. 6. 11 12. Deut. 19 vers. 2. Ios. 20. verse. 2. But as it was in our ancestors days larger by great odds in this realm, so had it less reason, as it may appear to all that will compare them. Of all circumstances belonging to this abjuration, you may farther read the new terms of law: Stawnford ubi supra, and such others. But this grew at the last upon good reason to be but a perpetual confining of the offender to some Sanctuary, wherein, upon abjuration of his liberty and free habitations, he would choose to spend his life, as appeareth, anno 22. Hen. 8. cap. 14. And this benefit also by other statutes is at the last wholly taken away. So that abjuration at this day hath place but in few cases: and if it be inflicted upon any, it is not a confining to a Sanctuary (for there be no Sanctuaries remaining amongst us) but a sworn banishment out of the King's dominions. This the Civilians call exilium, or deportationem, lib. 28. Digest. titulo 22. de interdictis, relegatis & deportatis.  
Abridge (Abbreniare) cometh of the French (abreger) and in one general language signifieth as much as to make shorter in words, holding still the whole substance. But in the common law it seemeth (at the least for the most part) to be more particularly used for making a declaration or count shorter by subtracting or severing some of the substance therein comprised. As for example: a man is said to abridge his plaint in an Assize, or a woman her demand in an action of dower, that hath put into the plea or demand any land not in the tenure of the tenant or defendant: and finding that by his answer, razeth those parcels out of the plea, praying answer to the rest. So that here (abridger) is not (contrahere) but rather subtrahere. Terms of the law. Broke. titulo, Abridgement. and anno 21. Hen. 8. cap. 3. Of this the Civilians have no use, by reason of certain cautelous clauses, they ordinarily have at the end of every position or article of their libel or declaration to this effect: Et ponit coniunctim, divisim, & de quolibet, & de tali & tanta quantitate vel summa qualis & quanta per confessionem partis adversae, vel per probationes legitimas in fine litis apparebit. And again, in the conclusion of all: Non astringens se ad singula probanda, sed potens, utquatenus probaverit in praemissis, aut eorum aliquo, eatenus obtineat. By virtue of which clauses the plaintiff faileth not in the end by any over or under demand, neither is driven to begin his action again, but obtaineth for so much as he proveth to be due, though not to the heithe of his demand.  
Abridgement (abbreviamentum) see Abridge.   

A C  
ACcedas ad Curiam, is a Writ that lieth for him, who hath received false judgement in a court Baron, being directed to the Sheriff, as appeareth by Dyer, fol. 169. nu. 20. Like as the writ De falso judicio lieth for him that hath received false judgement in the county Court: the form whereof you may see in Fitzh. nat. br. fol. 18. d. and in the Register fol. 9 b. where it is said, that this writ lieth for justice delayed, as well as falsely given. It is a species of the writ called (Recordare) Register original, fol. 5. b. and Fitzh. ubi supra.  
Accedas ad Vicecomitem is a writ directed to the Coroner commanding him to deliver a writ to the Sheriff, that having a (pone) delivered unto him, doth suppress it, Regist. origin. fol. 83.  
Accessary (Accessorius vel Accessorium) is used in our common law, otherwise then among the Civilians. For whereas with them it is generally taken for any thing depending upon another: here though it be so likewise, yet most commonly and notoriously it signifieth a man that is guilty of a felonious offence, not principally, but by participation: as by commandment, advice, or concealment. And a man may be accessory to the offence of another after two sorts: by the common law, or by statute: and by the common law two ways also: that is, before or after the fact. Before the fact, as when one commandeth or adviseth another to commita felony, and is not present at the execution thereof. For his presence maketh him also a principal: wherefore there cannot be an accessory before the fact in manslaughter, because manslaughter is sudden and not prepensed, Cook lib. 4. fol. 44. a. Accessory after the fact, is when one receiveth him, whom he knoweth to have committed felony. Accessory by statute is he that abetteth, counseleth, or hideth any man committing or having committed an offence made felony by statute. For though the statute make no mention of abettors, etc. yet they are by interpretation included. Of all these consult with Stawnf. pl. cor. lib. 1. cap. 45. 46. 47. 48. There is also an accessory of an accessory, as he that wittingly receiveth an accessory to felony. lib. Assis. 26. pl. 51. Coron. Fitzh. 196. Stawnf. pl. cor. li. 1. cap. 48. And the law of England is, that so long as the principal is not attainted, the accessory may not be dealt with, Stawnf. ubi supra. The reason whereofyou may see, Cook lib. 4. fol. 43. b. And this is also true by the civil law. Claudius' de Battandier. in pract. crim. regula 101. at the least until the principal be certainly known. Of this subject read M. Cromptons' justice, fol. 37. b. 38. 39  
Acceptance, is a receiving of a rent, whereby the receiver bindeth himself for ever to allow a former fact done by another, whether it be in itself good or not new terms of law.  
Account (computus) is in the common law taken for a writ or action brought against a man, that by means of office or business undertaken, is to render an account unto another: as a bailiff toward his Master, a guardian in socage toward his ward, & such others, as you shall find particularly named by Fitzh. in his nat. br. fo. 116. where you may also have the form and further use of this writ. See ex part talis.  
Accroche. See enchrochement. This word accroche is used. ann. 25. Ed. 3. Stat. 3. ca 8.  
Achat. cometh of the french (achet. 1. emptio, nundinatio) and is used for a contract or bargain. Broke. tit. contract.  
Acquittal, signifieth in our common law most ordinarily a deliverance & setting free from the suspicion or guiltiness of an offence: and is twofold: acquittal in law, or acquittal in fact. Acquittal in law is, when two be appealed or indicted of felony, one as principal, the other as accessory, the principal being discharged, the accessory by consequent is also freed. And in this case as the accessory is acquitted by law, so is the principal in fact. Stawnf. pl. cor. fo. 168.  
Acquittance (Acquietantia) cometh from the french (quicter or quitter. i. acceptò far, or quictance. i. acceptitatio, apocha.) and signifieth a release or discharge from a dept formerly due. But the verb (acquit), the participle (acquitted) & the noun (acquittal) signify also a discharge or cleared from an offence objected, as: acquitted by proclamation. Smith de rep. Anglo. pa. 76. Stawnf. pl. cor. fo. 168. Broke. tit. Acquittal. See the new terms of law. verbo, acquittal & acquittance.  
Acquietandis plegiis, is a Writ lying for a surety against the creditor that refuseth to acquit him, after the debt is paid by the debtor, Register ori. fol. 158. where it appeareth that this is a justicies.  
Acre (acre) is a certain quantity of land containing in length 40. perches, and four in breadth, or to that quantity, be the length more or less. And if a man erect any new cottage, he must lay 4. acres of land to it after this measure, anno 31. Eliza. cap. 7. and with this measure agreeth M. Crompton in his jurisdiction of Courts, fol. 222. though he say also, that according to the divers customs of divers countries the perch differeth, being in some places, and most ordinarily, but 16. foot dimid. But in the Counties of Stafford 24. foot, as was adjudged in the case between Sir Ed. Aston, and S. john B. in the Exchequer. In the Statute made of sowing of Flax, ann. 24 H. 8. cap. 4. eight score perches make an acre, which is 40. multiplied by 4. See also the ordinance of measuring land, made anno 34. Ed. 1. Stat. 1. which agreeth with this account. The word (acre) seemeth to come from the German word (acker) which is all one with the Latin (ager.)  
Action (actio) is defined by Bracton lib. 3. cap. 1. as it is by justinian. li. 4. Instit. titulo. de actionibus, viz. Actio nihil aliud est quam ius persequends in judicio quod alicui debetur. Action is principally divided by justinian, in personalem & realem: by Bracton, into personal, real, and mixed: action personal is that, which belongeth to a man against another by reason of any contract, offence, or cause of like force to a contract or offence made or done by him or some other, for whose fact he is by law to answer, Bract. lib. 3. cap. 3. nu. 2. Action real is defined to be that which is given to any man against another, that upon any cause possesseth or occupieth the thing required or siewed for in his own name, and none other man's: and in this only respect, that he possesseth or occupieth the thing, and none other. Bract. ibid. nu. 3. and his reason is this: quia habet rem vel possidet, quam restituere potest vel dominum nominare. This definition & reason he farther exemplifieth in the words there following, which he that will may read at large. Action mixed is that, which lieth aswell against or for the thing which we seek, as against the person that hath it: and is called mixed, because it hath a mixed respect both to the thing & the person, Bract. lib. 3. cap. 3. nu. 5. For example, the division of an inheritance between coheir or copartners, called in the civil law (actio familiae exciscunde:) secondly, the division of any particular thing being common to more, called likewise (actio de communi dividundo:) this kind of action (saith Bracton) doth seem to be mixed, because it lieth as well against thing, as the person: and indeed so do other excellent Civilians, as Cuiacius and Wesenbecius in their Paratitles. Π. finium regund. And though justinian in his first division omitteth the third member: yet afterward in the same title, §. 20. he saith as these men do, viz. that there be certain actions (naming these and other of like nature) that seem to have a mixture, etc. Of this you may also read Britton at large in his chapter 71. And this division of action springeth from the object or matter, whereabout it consisteth, Wesenb. parat. 〈◊〉. de actio. & obliga. The author of the new terms of law defineth a mixed action to be a suit given by the law to recover the thing demanded, and also the damages for wrong done: as in Assize of novel disseysin: the which writ, if the diffeisour make a feoffment to another, the disseiseur shall have remedy against the disseisour and the feoffer, or other land tenant, to recover not only the land, but the damages also. See the rest. These words occasion me to show, that actio is by the civil law called mixta in two respects: Nam quaedam mistae sunt quòd in se, & actionis in rem, & actionis personalis nature am habeant, & in iis, & actor & reus uterque sit, l. actionis verbo. §. fina. Π. de obliga, & actio. Tales sunt actio familiae ercise. communi dividun. & finium regun. quaedam verò mistae sunt, quòd remsimul & poenam persequantur, ut in actione vi bonorum rapt. legis Aquiliae, & ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta solvere distulerunt. And of this later sort is the example that the said author bringeth of a mixed action.  
Action, is also by the Civilians divided, of the efficient cause, in civilem & praetoriam. Whereof the one riseth out of the common civil law, the other from some edict of the praetor. Who being chief justicer, had authority for his year, to supply the defects of the general law by his especial edicts. And a division not unlike this may be made in the common law of England, one growing from the ancient qustomary law, the other from some statute. Broke. tit. Action sur le statut.  
Action of the final cause, is divided into civil, penal, & mixed. Cook vol. 6. fo. 61. a. Action civil is that, which tendeth only to the recovery of that which by reason of any contract or other like cause, is due unto us: as if a man by action seek to recover a sum of money formerly lent, etc. Action penal is, that aimeth at some penalty or punishment in the party sued, be it corporal or pecuniary. As in the action legis Aquiliae in the civil law: whereby in our common law the next friends of a man feloniously slain or wounded, shall pursue the law against the murderer, or him that wounded him, to condign punishment. Bract. li. 3. ca 4. Action mixed is that, which seeketh both the thing whereof we are deprived, and a penalty also for the unjust detaining of the same: as in an action of tithe upon the statute. anno. 2. & 3. Ed. 6. ca 13.  
Action is also, according to the form of petition divided into such as are conceived to recover either the simple value of the thing challenged, or the double, the triple, or quadruple. Bract. li. 3. ca 3. nu. 6. So doth Decies tantum lie against embracers. Fitzh. nat. br. fo. 171. and against jurors that take money for their verdict of one part, or the other, or both. And to be short, any other action upon a statute that punisheth any offence by restitution, or fine proportionable to the transgression.  
Action is prejudicial (otherwise called preparatory) or else principal: prejudicial is that which groweth from some question or doubt in the principal: as if a man sue his younger brother for land descended from his father, and it be objected unto him that he is a bastard. Bract. li. 3. ca 4. nu. 9 For this point of bastardy must be tried before the cause can farther proceed, & therefore is termed preiudicialis, quia prius iudicanda.  
Action is either awncestrell, or personal. Stawnf. pl. cor. 59 Auncestrel seemeth to be that, which we have by some right descending from our ancestor upon us: and that personal, which hath the beginning in and from ourselves.  
Action upon the case (actio super casu) is a general action given for redress of wrongs done without force against any man, and by law not especially provided for. For where you have any occasion of suit, that neither hath a fit name, nor certain form already prescribed: there the clerks of the chancery in ancient time conceived a fit form of action for the fact in question: which the Civilians call actionem infactum, & our common lawyer's action upon the case. In factum actiones dicuntur ideo, quia quod nomine non possunt exprimere negotium, id rei gestae enarratione declarant citra formulam ac solennitatem ullam: Cuiacius & Gothofredus ad Rubricam de praescriptis verbis. And whereas in the civil law there are two sorts (actionis in factum) one termed actio in factum ex praescriptis verbis, the other actio in factum praetoria. We semb. parat. de praescrip. verb. the former growing upon words passed in contract, the other more generally upon any fact touching either contract or offence formerly not provided against, this action upon the case seemeth in use to bemore like to the pretours action in factum, then to the other: because in the perusal of the new book of entries, and Brooks his abridgement hereupon, I perceive that an action upon the case lieth as well against offences, as breach of contract. Of this see more in the word Trespass.  
Action upon the statute (actio super statuto) is an action brought against a man upon breach of a statute: to be resembled in mine opinion to any action given in the law imperial, either upon edictum praetoris, plebiscitum, or senatusconsultum. For as the praetor, so the common people in comitijs tributis, & the Senators or nobility in curia vel senatu, had power to make laws, whereupon the praetor or other judges permitted action. And even so our high court of Parliament maketh Statutes against such offences, as are either newly grown, or more and more increased: and our judges entertain their pleas, that commence actions against the breakers of them.  
Action is perpetual or temporal (perpetua vel temporalis) and that is called perpetual, the force whereof is by no time determined. Of which sort were all civil actions among the ancient romans, viz. such as grew from laws, decrees of the Senate, or constitutions of the Emperors: whereas actions granted by the Praetor, died within the year, de perpet. & tempor. actio. in Institut. So we have in England perpetual and temporary actions: and I think all may be called perpetual, that are not expressly limited. As divers Statutes give actions, so they be pursued within the time by them prescribed, namely, the Statute anno 1. Ed. 6. cap. 1. giveth action for 3. years after the offences therein shall be committed, and no longer: and the Statute anno 7. H. 8. cap. 3. doth the like for four years, and that anno 31. Eliz. cap. 5. for one year & no more. But as by the civil law no actions were at the last so perpetual, but that by time they might be prescribed against: as actiones in rem, decem aut viginti terminantur annis, personales verò triginta. §. 1. de perpet. & temp. actio. in Institutio. & l. 3. Co. de prescript. 30. annorum: so in our common law, though actions may be called perpetual in comparison of those that be expressly limited by statute: yet is there a means to prescribe against real actions within five years, by a fine levied, or a recovery acknowledged, as you may see farther in the word, Fine, and Recovery. And for this also look Limitation of assize.  
Action is farther divided, in actionem bona fidei & stricti juris. Which division hath good use in our common law likewise, though the terms I find not in any of their writers. But of this, and such like divisions, because they have as yet no apparent acceptance amongst our Lawyers, but only a hidden use, I refer the reader to the Civilians, and namely to Wesenb. in his Paratitles. Π. De obligatio. & actio.  
Addition (additio) is both the English and French word made of the Latin, and signifieth in our common law a title given to a man over and above his Christian and surname, showing his estate, degree, occupation, trade, age, place of dwelling, etc. For the use whereof in original writs of actions personale, appeals, and indictments, it is provided by Statute anno 1. H. 5. cap. 5. upon the penalty therein, expressed. Terms of the law. Broke farther addeth, that it is likewise requisite in towns, and gates of towns; parishes in great towns and cities, where there may be any doubt, by reason of more towns, gates, or parishes of the same name, titulo Addition. See also M. Cromptons' justice of peace, fol. 95. 96.  
Adeling was a word of honour among the Angles, properly apertaining to the King's children, whereupon king Edward being himself without issue, and intending to make Eadgare (to whom he was great Uncle by the mother's side) his heir to this kingdom, called him Adeling. Roger Hovedine, part poster. suorum Annal. fol. 347. a.  
Adiournment (adiurnamentum) is almost all one with the French (adiounrement. i. denunciatio vel diei dictio) and signifieth in our common law an assignment of a day, or a putting off until another day, Adiournment in eyre, (anno 25. Ed. 3. Statute of pourveyers, cap. 18.) is an appointment of a day, when the justices in heir mean to sit again. Adiourn. anno 2. Edw. 3. cap. 11. hath the like signification. And this whole title in Broke his abridgement proveth the same. The bastard Latin word (adiurnamentum) is used also among the Burgundians, as M. Skene noteth in his book De verbo signi, verbo, Adiurnatus, out of Chassaneus de consuet. Burg.  
Ad inquirendum, is a writ judicial, commanding inquiry to be made of any thing touching a cause depending in the King's court, for the better execution of justice, as of bastardy, of bondmen, and such like: whereof see great diversity in the Table of the Register judicial, verbo, Ad inquirendum.  
Admeasurement (admensuratio) is a writ, which lieth for the bringing of those to a mediocrity, that usurp more than their part. And it lieth in two cases: one is termed admeasurement of dower (admensuratio dotis) where the widow of the deceased, holdeth from the heir or his guardian more in the name of her dower, then of right belongeth unto her. Register orig. fol. 171. a. Fitzh. nat. br. fol. 148. The other is admeasurement of pasture (admensuratio pasturae) which lieth between those, that have common of pasture appendent to their freehold, or common by vicenage, in case any one of them, or more, do surcharge the common with more cattle than they ought, Register. orig. fol. 156. b. Fitzh. nat. br. fol. 125.  
Administer (administrator) in our common law is properly taken for him, that hath the goods of a man dying intestate, committed to his charge 〈…〉 y the ordinary, & is accountable for the same, whensoever it shall please the ordinary to call him thereunto. I find not this word so used in all the civil or canon law, but more generally for those, that have the government of any thing, as the Decrees. can. 23. quaest. 5. c. 26. Administratores plane saecularium dignitatum. etc. and extrava. come. ca 11. Grangias autem, & alia loca Cisterciensium ordinis, & aliorum Regalium, in quibus Gubernatores, seu custodes vel administratores ponuntur, etc. Howsoever the signification of this word grew to be restrained amongst us, it greatly booteth not. But there was a statute made anno. 31. Ed. 3. ca 11. whereby power was given to the ordinary to appoint these administrators, and to authorize them as fully as executors, to gather up, and to dispose the goods of the deceased: alway provided, that they should be accountable for the same, as executors. And before that, viz. Westm. 2. anno 13. Ed. 1. ca 19 it was ordained, that the goods of those that died intestate, should be committed to the ordinary his disposition, and that the ordinary should be bound to answer his debts, so far forth as the goods would extend, as executors. And I persuade myself that the committing of this burden unto Bishops, & to those that derive ecclesiastical authority from them, grew first from the constitution of Leo the Emperor. Co. de Episco. & cleri. l. nulli licere. 28. Where it is said, that if a man dying bequeath any thing to the redeeming of captives, etc. and appoint one to execute his will in that point, the party so appointed shall see it performed: and if he appoint none to do it, than the Bishop of the city shall have power to demand the legacy, and without all delay perform the will of the deceased.  
Admiral (Admiralius) cometh of the french (amerall) and signifieth, both in France and with us, an high officer or magistrate that hath the government of the King's navy, and the hearing and determining of all causes, as well civil as criminal belonging to the sea. Cromptons' divers iurisd. fo. 88 and the statutes anno 13. R. 2. ca 5. & anno. 15. eiusdem. ca 3. & an. 2. H. 4. ca 11. & anno. 2. H. 5. ca 6. & an. 28. H. 8. ca 15. with such like. This officer is in all kingdoms of Europe that border upon the sea: and his authority in the kingdom of Naples is called, magna Curia Admirariae quae habet jurisdictionem in eos qui vivunt ex arte maris. Vincent de Franch. descis. 142. nu. 1. This Magistrate among the Romans was called praefectus classis, as appeareth by Tully in Verrem. 7. but his authority was not continual, as the Admiral's is in these days, but only in time of war. Neither do I find any such officer belonging to the Emperors in our Code. And M. Guyn in the preface to his reading, is of opinion that this office in England was not created until the days of Edward the third: His reason is probable. Britton that wrote in Edw. the firsts time, and in the beginning of his book taking upon him to name all the courts of justice, maketh no mention of this court or magistrate. And again Richard the second finding the Admiral to extend his jurisdiction over far, ordained by statute made the 10. year of his reign, that the limits of the admiral's jurisdiction should be restrained to the power he had in his grandfather Edward the thirds days, whereby the said Master Gwin conjectureth that he did nought else but reduce him to his original. But contrarily to this it appeareth by ancient records, the copies whereof I have seen, that not only in the days of Ed. the first, but also of King john, all causes of Merchants and marivers, and things happening within the flood mark, were ever tried before the Lord admiral.  
Adiura Regis, is a writ for the King's Clerk against him that seeketh to eject him to the prejudice of the King's title in the right of his crown. Of this you may see divers forms upon diverse cases. Register. orig. fo. 61. a.  
Admittendo clerico, is a writ granted to him that hath recovered his right of presentation against the Bishop in the common bank: the form whereof read in Fitzh. nat. br. fo. 38. & the Register. orig. fo. 33. a.  
Admittendo in socium, is a writ for the association of certain persons to justices of assizes formerly appointed, Register. orig. fol. 206. a.  
Ad quod damnum, is a writ that lieth to the escheater to inquire what hurt it will be to the King, or other person, to grant a Fair or market, or a mortmain for any lands intended to be given in fee simple to any house of religion, or other body politic. For in that case, the land so given is said to fall into a dead hand, that is, such an estate and condition, that the chief Lords do lose all hope of heriots, service of court, and escheats upon any traitorous or felonious offence committed by the tenant. For a body politic dieth not, neither can perform personal service, or commit treason or felony, as a singular person may. And therefore it is reasonable, that before any such grant be made, it should be known, what prejudice it is like to work to the granter. Of this read more in Fitzh. nat. breu. fol. 221. and look Mortmain.  
Ad terminum qui praeteriit, is a writ of entry, that lieth in case where a man having leased lands or tenements for term of life or years, and after the term expired, is held from them by the tenant, or other stranger that occupieth the same, and deforceth the leassour. Which writ belongeth to the leassour and his heir also, Fitzh. nat. br. fol. 201.  
advent (adventus) is a certain space of time comprising a month or thereabout, next before the feast of Christ's nativity. Wherein it seemeth that our ancestors reposed a kind of reverence for the nearness of that solemn feast: so that all contentions in law were then remitted for a season. Whereupon there was a statute ordained Westm. 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said usual solemnity and time of rest, it might be lawful in respect of justice and charity, which ought at all times to be regarded) to take assizes of novel disseisin, mort d'auncester, and darrein presentment, in the time of advent, Septuagesima, and Lent. This is also one of the times, from the beginning whereof unto the end of the Octaves of the Epiphany, the solemnising of marriage is forbidden, by reason of a certain spiritualioy that the church, & so consequently every member thereof, for that time, doth or aught to conceive in the remembrance of her spouse Christ jesus, and so abandon all affections of the flesh. See Rogation week, and Septuagesima.  
Advocatione decimarum, is a writ that lieth for the claim of the fourth part or upward, of the tithes that belong to any Church, Register orig. fol. 29. b.  
Advow, aliâs avow (advocare) cometh of the French (advoüer, aliâs avoüer, and signifieth as much as to justify or maintain an act formerly done. For example, one taketh a distress for rent or other thing, and he that is destreyned, sueth a Replevin. Now he that took the distress, or to whose use the distress was taken by another, justifying or maintaining the act, is said to avow. Terms of the law. Hereof cometh advowant, Old. nat. br. fol. 43. and advowrie, eodem folio. Bracton useth the Latin word in the same signification, as (advocatio disseisivae) li. 4. cap. 26. And I find in Cassavaeus de consuet. Burg. pa. 1210. (advohare) in the same signification, and pag. 1213. the Substantine (desavohamentum) for a disavowing or refusal to avow.  
Advowzen (advocatio) signifieth in our common law a right to present to a benefice, as much as (ius patronatus) in the canon law. The reason why it is so termed, proceedeth from this, because they that originally obtained the right of presenting to any Church, were maintainers and upholders, or great benefactors to that Church, either by building or increasing it: and are thereupon termed sometime patroni, sometime Advocati, cap. 4. & cap. 23. de iure patronatus in Decretal. And advowzen being a bastardly French word is used for the right of presenting, as appear by the Statute of Westm. the second anno 13. Ed. 1. ca 5.  
Advowsen is of two sorts: advowsen in gross, that is, sole or principal, not adhering or belonging to any manner as parcel of the right thereof: advowzen dependent, which dependeth upon a manner as appertinent unto it, termed of Kitchen an incident, that may be separated from the subject. Of this M. john Skeene de verbo. sig. hath these words: dicitur advocatio Ecclesiae, vel quia patronus alicuius Ecclesia ratione sui juris advocat se ad candem Ecclesiam, & asserit se in eadem habere ius patronatus, ●amque esse sui quasi clientis loco, vel potius cum aliquis (nempempatronus) advocate alium iure suo ad Ecclesiam vacantem, eumque loco alterius (veluti defuncti) praesentat & quasi exhibet. See Advowè next following:  
Advowè, alias avowè (advocatus) is used for him that hath right to present to a benefice, an. 25 Ed. 3. st at. 5. ca unico. There have you also (Advowe paramount) which is as much as the highest patron, and is spoken of the King. Advocatus est ad quem pertinet ius advocationis alicuius ecclesia, ut ad ecclesiam, nomine proprio non alieno, possit praesentare. Fleta li. 5. ca 14. §. i. Fitzh. in his nat. br. fo. 39 useth it in the same signification. See Advowsen. and Avowé.  
Aetate probanda, is a writ that the King's tenant holding in chief by chivalry, and being ward by reason of his nonage, obtaineth to the escheator of the county where he was borne, or some time, where the land lieth, to inquire, whether he be of full age to have delivery of his lands into his own hand. Register orig. fo. 294. & 295. Fitzh. nat. br. fo. 253. Who also fo. 257. saith that this writ is some time directed to the Shirei●● to empanel a jury for this enquiry against a day certain, before commissioners authorized under the broad seal to deal in such a cause.  
Aery of Goshawkes' (aëria accipitrum) cometh from the french (aiëre) signifying so much as (par) in latin or (a pair) in English For the french man saying that one is (un houme de boun aiere) signifieth that he cometh of a good pair, that is, a good father and a good mother. It is in our language the proper word in hawks, for that which we generally call a nest in other birds. So is it used anno 9 H. 3. ca 13. in the charter of the forest, and in diverse other places.  
Affeerours (afferatores, alias affidati) may probably be thought to proceed from the french (affier. i. confirmare, affirmare) It signifieth in our common law, those that be appointed in court leetes, etc. upon oath to mulct such as have committed faults arbitrablely punishable, & have no express penalty set down by statute. The form of their oath you may see in Kitchen. fo. 46. The reason of this appellation mayseeme to be, because they that be appointed to this office, do affirm upon there oaths, what penalty they think in conscience the offender hath deserved. It may likewise probably be thought, that this cometh from (fear) an old english word signifying a companion, as (gefera) doth among the Saxons by M. Lamberds testimony, verbo (contubernalis) in his explication of Saxon words. And so it may be gathered that M. Kitchen taketh it. ca Amercements. fo. 78. in these words. (Master si le amercement soit affire per pares) where pares) be put for affeerors. And there may be good reason of this, because they are in this business made companions and equals. You shall find this word used. an. 25. Ed. 3. sta. 7. viz. And the same justices before their rising in every sessions, shall cause to be afeard the amercements, as pertaineth, & also to the same effect. an. 26. H. 8. ca 6. kitchen. fo. 78. joineth these. 3. words together as synonyma. (Affidati, amerciatores, affirours. Affidare in the canon law is used for fidem dare. ca fina. de cognatio. spiritua. in Decretal. & ca super eo. de testibus. Bracton hath affidare mulierem, for to be betrothed to a woman. li. 2. ca 12. But I find in the customary of Normandy. ca 20. this word (affeurer) which the latin interpreter expresseth by (taxare) that is, to set the price of a thing, as (astimare, indicare, etc.) which etymology of all the other pleaseth me best, leaving every man to his own judgement.  
Affirm (affirmare) cometh either of the latin, or french (affirmer) It signifieth in our common law, as much as to ratify or approve a former law or judgement. So is the substantive (affirmance) used anno. 8. H. 6. ca 12. And so is the verb itself by M. West. part. 2. symbolai. titulo, Fines. sect. 152. And if the judgement be affirmed, etc. as also by M. Crompton in his divers Iurisd. fo. 166.  
Afforest (afforestare) is to turn ground into forest. charia de foresta. ca 1. & 30. an. 9 H. 3. What that is, look more at large in Forest.  
affray (affreia) cometh of the french (effraier. i. horrificare, terrere) It signifieth in our common law a skirmish or fight between two or more. M. Lamberd in his eirenarcha. lib. 2. cap. 3. faith, that it is often times confounded with an assault, but yet he is of opinion that they differ in this, that where an assault is but a wrong to the party, an affray is a common wrong: and therefore both enquirable and punishable in a leete. It might be said likewise, that an assault is but of one side, and an affray of two or more. I think this word (affray) to be two ways used, one, as I have already described it, another, for a terror wrought in the subjects by any unlawful sight of violence, or armour, etc. tending toward violence. For so is it used, anno 2. Ed. 3. cap. 3.  
Age (atas) cometh from the French (age) and signifieth in our language that part of a man's life, which is from his birth unto his last day. But it is in the common law particularly used for those especial times, which enable men or women to do that, which before for want of age, and so consequently of judgement, they might not do. And these times in a man be two, in a woman six. The age of 21. years is termed the full age in a man, the age of fourteen years, the age of discretion, Litleton li. 2. ca 4. In a woman there are six several ages observed, that severally enable her to do six several things. Broke. Gard. 7. First, at 7. years of age the Lord her father may distrain his tenants for aid to marry her: for at those years she may consent to matrimony, Bract. lib. 2. cap. 36. nu. 3. Secondly, at the age of nine years she is dowable: for then, or within half a year after, is she able promereri dotem, & virum sustinere. Fleta li. 5. cap. 22. Litleton lib. prim. cap. 5. which Bracton loco citato doth notwithstanding limit at 12. years. Thirdly, at twelve years she is able finally to ratify and confirm her former consent given to matrimony. Fourthly, at 14. years she is enabled to receive her land into her own hands, and shall be out of ward, if she be of this age at the death of her ancestor. Fiftly, at sixteen years she shall be out of ward, though at the death of her ancestor she was within the age of fourteen years. The reason is, because than she may take a husband able to perform Knights service. Sixtly, at 21. years she is able to alienate her lands and tenements, Instit. iure come. cap. 24. Touching this matter, take further these notes perspicuously gathered. At the age of 14. years a striplin is enabled to choose his own guardian, and to claim his land holden in socage, Dyer fol. 162. which Bracton limiteth at fifteen years, li. 2. cap. 37. num. 2. with whom Glanvile also agreeth, lib. 7. cap. 9 And at the age of fourteen years, a man may consent to marriage, as a woman at 12. Bracton. ubi supra. At the age of fifteen years a man ought to be sworn to keep the king's peace, anno 34. Edw. 1. Stat. 3. The age of 21. years compelleth a man to be knight, that hath twenty pounds' land per annum in fee, or for term of life, anno 1. Edw. 2. stat. 1. and also enableth him to contract and to deal by himself, in all lawful causes appertaining unto his estate. Which until that time, he cannot with the security of those that deal with him. This the Lombords settle at 18. years, as appeareth by Hotomans disputations in libros feudorum, l. 2. c. 53. ver. decimo. octavo anno. which power the Romans permitted not usque ad plenam maturitatem, and that they limited at 25. years. lib. 1. in fine Π. de maior. 25. an. l. fin. Co. de Legit. tut. in principio, titulo de curate. in Institut. The age of twelve years bindeth to appearance before the Sheriff and Coroner for enquiry after robberies, an. 52. H. 3. cap. 24. The age of 14. years, enableth to enter an order of religion without consent of parents, etc. anno 4. H. 4. cap. 17.  
Age prier (aetatem precari) or (aetatis precatio) is a petition made in count by one in his minority, having an action brought against him, for lands coming to him by descent, that the action may rest until he come to his full age: which the Court in most cases ought to yield unto. This is otherwise in the civil law, which enforceth children in their minority to answer by their tutors or curatours, Π. de minor. 25. an.  
Agenhine. See Haghenhine.  
Agist (agistare) seemeth to come of the French (gift. 1. jacet) having (gasirs) in the Infinitive mood, whence cometh the noun (gisme) a lying in childbed: or rather of (gister. i. stabulari) a word proper to a Dear, cum sub mensem Maium è locis abditis in quibus delituit emigrans, in loco delecto stabulari incipit, unde commoda & propinqua sit pabulatio. Budaeus in posteriori libro philologiae. Where also he saith, that (giste) est idem quod lustrum vel cubile. Or it may be probably deduced from the Saxon word (Gast. 1. hospes.) It signifieth in our common law, to take in and feed the ●●tell of strangers in the king's forest, and to gather the money due for the same to the king's use, Charta da Foresta, an. 9 H. 3. cap. 9 The Officers that do this, are called (agistors) in English, Guest-takers, eodem. cap. 8. Cromptons' iurisdic. fol. 146. These are made by the king's letters patents under the great seal of England: of whom the King hath four in number within every forest, where he hath any pawnage, called agistors, or Gist-takers. And their office consisteth in these four points: (in agist ando, recipiendo, imbreviando, certificando) Manwood part prima. Of Forest laws, p. 336. & 337. whom you may read more at large. Their function is termed Agistment, as agistment upon the sea banks, anno 6. H. 6. cap. 5.  
Agreement (agreamentum. i. aggregatio mentium) is the assent or concord of more to one thing: & this by the author of the new terms of law, is either executed or executory: which you may read more at large in him exempified by cases.  
Aid (auxilium) is all one in signification with the French (aid) and differeth in nothing, but the only pronunacition, if we take it as it is used in our vulgar language. But in the common law, it is applied to diverse particular significations, as sometime to a subsidy. anno. 14. Ed. 3. stat. 2. ca 1. sometime to a prestation due from tenants to their Lords, as toward the relief due to the Lord Paramount, Glanvile li. 9 cap. 8. or for the making of his son knight, or the marrying of his daugnter, idem, eodem. This the King, or other Lord by the ancient law of England, might lay upon their tenants, for the knighting of his eldest son at the age of 15. years, or the marriage of his daughter at the age of seven years, Regist. orig. fol. 87. a. and that at what rate themselves listed. But the Statute, Westmin. 1. anno 3. Edw. 1. ordained a restraint for to large a demand, made by common persons being Lords, in this case, and tied them to a certain rate. And the Statute made anno 25. Ed. 3. stat. 5. cap. 11. provideth, that the rate set down by the former Statute, should hold in the King, as well as in other Lords. Of this I find mention in the Statute, an. 27. H. 8. ca 10. This imposition seemeth to have descended to us from Normandy: for in the grand customary, cap. 35. you have a Tractate entitled (des aides chevelz. 1. de auxilies capitalibus) whereof the first is (a fair l'aynè filz de son seigneur chevalier. i. ad filium primogenitum militem faciendum) the second, (son ainee fill marier. i. ad filiam primogenitam maritandam.) And the third, (a rechapter le corps de son seigneur de prison quand il est prius per la guerre an Duc. i. ad corpus dominisui de prisona redimendum cum captus fuerit pro bello Ducis Normandiae. Also I find in Cassanaeus de consuet. Burg. Quòd dominus accipit à subditis pro dotanda filia, pa. 122. which seemeth to be all one with this our imposition: and also in Vincentius de Franchis descis. 131. where he calleth it adiutorium pro maritanda filia. Whence it appeareth, that this custom is within the kingdom of Naples also. Touching this likewise, you may read these words in Maenochius, lib. 2. de arbitrat. jud. quast. centuria. 2. cap. 181. Habent saepissimè feudorum possessores & Domini multa in carum ditionibus privilegia, multasque cum locorum incolis connentiones: inter quas, illa una solet nominari, ut possit Dominus collectam illis indicere, pro solutione dotium suarum filiarum, cura matrimonio collocantur. Hoc aliquando Romae observarum à Caligulafuisse, in illius vita scribit Suetonius, cap. 42. Hodiè hic usus in subalpina regione est frequens, ut scribit jacobinus de Sancto Georgio, in tractu de homagiis. col. 8. Etiam pro filia quae religionem ingreditur: & non modò pro una filia, sed pluribus filiabus, non tamen pro secundis nuptijs exigitur. In which place, the said author maketh mention of divers other Civilians and feudists, that record this custom to be in other places. Of this aid, our Fleta writeth thus: sicutetiam quaedam consuerudines quaeservitia non dicuntur, nec concomitantia seruitiorum, sicut rationobilia auxilia ad filium primogenitum militem faciendum, vel ad filiam primogenitam maritandam: quae quidem auxilia sunt de gratia & non de iure, pro necessitate & indigentia dominicapitalis. Et non sunt praedialia sed personalia, secundùm quod perpendi poterit in brevi ad hoc proviso, etc.  
This word (aid) is also particularly used in matter of pleading, for a petition made in court for the calling in of help from another, that hath an interest in the cause in question, and is likely both to give strength to the party that prayeth in aid of him, and also to avoid a prejudice growing toward his own right, except it be prevented. For example: when a tenant for term of life, by courtesy, tenant in tail after possibility of issue extinct, for term of years, at will, by elegit, or tenant by statute merchant being impleaded touching his estate, may petere auxilium, that is, pray in aid of him in the reversion (that is) desire or entreat the court, that he may be called in by writ, to allege what he thinketh good for the maintenance both of his right, and his own. Terms of the law. Fitzh. mentioneth both (prier en aid) and (prier aid de patron, etc.) auxilium petere à patrono, nat. br. fol. 50. d. and the new book of entries, verbo, Aid de parcener, auxilium de parcionario, fol. 411. columna 4. This the later practitioners in the civil law, call authoris laudationem vel nominationem. Emericus in pract. titulo. 48. This aid prior, is also used sometime in the king's behoof, that there be no proceeding against him, until the king's Council be called, and heard to say what they think good, for the avoiding of the king's prejudice or loss, touching the cause in hand. For example: if the king's tenant holding in chief, be demanded a rent of a common person, he may pray in aid of the king. Also a city or borough that hath a fee ferme of the king, any thing being demanded against them which belongeth the reunto, may pray in aid of the King, etc. Terms of the law. of this thing you may read the statute (de big amiss. a. 4. Ed. 1. ca 1. 2. & 3. & anno. 14. Ed. 3. stat. 1. ca 14. The civil law in suits begun between two, alloweth a third to come in (pro interest) and he that cometh in for his interest, cometh either assistendo or opponendo, etc. The former is like to this (aid prior) the other to that which our common lawyers call receit. Look receit.  
Ail (avo) cometh of the French (aieul. i. avus) & signifieth a writ that lieth, where the grandfather or great grandfather called of our common lawyers (besayle) but in true French (bisaieul) was seized in his domains as of fee, of any land or tenement in fee simple, the day that he died, and a stranger abateth or entereth the same day, and dispossesseth the heir. Fitzh. nat. br. fo. 221.  
Alderman (aldermannus) is borrowed from the saxon (Ealderman) signifying as much as Senator in latin. Lamb. in his explica of Saxon words. verbo senator. See Roger Hoveden part poster. suorum. annal. foe 346. b.  
Aler sans. iour, is verbatim, to go without day: the meaning whereof is, to be finally dismissed the court: because there is no day of farther appearance assigned, kitchen. foe 140.  
Ale-tastor, is an officer appointed in every court leete, and sworn to look to the assize, and the goodness of bread and ale or beer, within the precincts of that Lordship. kitchen. foe 46. where you may see the form of his oath.  
Alias v. Capias alias.  
Alien (alienare) cometh of the French (aliener) and signifieth as much as to transfer the property of any thing unto another man. To alien in mortmain, is to make over lands or tenements to a religious company, or other body politic. Stawnf. praero. fo. 48. look Mortmayn. To alien in fee, isto sell the fee simple of any land or tenement, or of any incorporeal right, West. 2. ca 25. anno. 13. Ed. 1.  
Alien alias alion (alienigena) cometh of the latin (alienus) and signifieth one borne in a strange country. It is ordinarily taken for the contrary to (Denizen) or a natural subject, that is, one borne in a strange country, and never here enfranchised. Broke. Denizen. 4. etc. And in this case, a man born out of the land, so it be within the limits of the King's obedience, beyond the seize, or of English parents, out of the King's obedience (so the parents at the time of the birth, be of the King's allegiance) is no alien in account, but a subject to the King. Statute. 2. a. 25. Ed. 3. ca unico. commonly called the Statute, De natis ultra mare. Also if one borne out of the king's allegiance, come and dwell in England, his children (if he beget any here) be not aliens, but denizens. Terms of the law. See Denizen.  
allay (Allaia) is used for the temper and mixture of silver and gold, anno 9 H. 5. Stat. 2. cap. 4. & Stat. 1. eiusdem anni, cap. 11. The reason of which allay is, with a base metal to augment the weight of the silver or gold so much, as may countervail the Prince's charge in the coining. Antonius Faber de nummariorum debitorum solutionibus, cap. 1.  
Allocatione facienda, is a writ directed to the Lord Treasurer, and Barons of the Exchequer, upon complaint of some accountant, commanding them to allow the accountant such sums, as he hath by virtue of his office lawfully and reasonably expended, Register. orig. fol. 206. b.  
Alluminor, seemeth to be made of the French (allumer, i. accendere, incendere, inflammare) it is used for one that by his trade coloureth or painteth upon paper or parchment. And the reason is, because he giveth grace, light, and ornament by his colours, to the letters or other figures coloured. You shall find the word, an. 1. R. 3. ca 9  
Almain rivets, be a certain light kind of armour for the body of a man, with sleeves of mail, or plates of iron, for the defence of his arms. The former of which words, seemeth to show the country where it was first invented: the other, whether it may come from the French verb (revestir, 〈◊〉. superinduere) to put on upon another garment, I leave to farther consideration.  
Almoner (elecmosinarius) is an officer of the king's house, whose function is, fragmenta diligenter colligere, & ea distribuere singulis diebus egenis: agrotos & leprosos, incarceratos, pauperesque viduas, & alios egenos vagosque in patria commorantes, charitative visitare: item equos relictos, robas, pecuniam, & alia ad eleemosynae largita, recipere & fideliter distribuere. Debet etiam regem super eleemosynae largitione crebris summonitionibus stimulare, & praecipuè diebus Sanctorum, & rogare ne robas suas quae magni sunt pretii, histrionibus, blanditoribus, adulatoribus, accusatoribus vel menestrallis, sed and eleemosinae suae incrementum iubeat largiri, Fleta. lib. 2. cap. 2.  
Almoine (eleemosina.) See Frank almoyne.  
Almond (amygdalum) is well known to every man's sight: it is the kernel of a nut or stone, which the tree in Latin called (amygdalus) doth bear within a husk in manner of a wall nut, of whose nature, and diversities, you may read Gerard's Herbal, lib. 3. cap. 87. This is noted among merchandise that are to be garbled, anno 1. jaco. ca 19  
Alnegeor, aliâs, aulnegeor (ulniger vel ulnator) cometh from the French (aulne) an elle, or elwand, and signifieth an officer of the Kings, who by himself or his deputy, in places convenient, looketh to the assize of woollen cloth made through the land, and to seals for that purpose ordained unto them, an. 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accountable to the king for every cloth so sealed in a fee or custom thereunto belonging, anno 17. R. 2. cap. 2. Read of this more, anno 27. Ed. 3 cap. 4. anno 17. R. 2. cap. 2. & 5. anno 1. H. 4. cap. 13. anno 7. eiusdem. cap. 10. anno 11 eiusd. cap. 6. anno 13. eiusd. cap. 4. anno 11. H. 6. cap. 9 anno 31. eiusdem. cap. 5. anno 4. Ed. 4. ca 1. anno 8. eiusdem, cap. 1. & an. 1. R. 3. cap. 8.  
Ambidexter is that iurour or embraceour, that taketh of both parties for the giving of his verdict. He forfeiteth ten times so much as he taketh, anno 38. Ed. 3. cap. 12. Cromptons' justice of peace, fol. 156. b.  
Amendment (emendatio) cometh of the French (amendment) and signifieth in our common law, a correction of an error committed in a process, and espied before judgement. Terms of the law. Broke, titulo amendment per totum. But if the fault be found after judgement given: then is the party that will redress it, driven to his writ of error. Terms of the law, Broke titulo Error.  
Amerciament (amerciamentum) signifieth the pecuniary punishment of an offendor against the King or other Lord in his court, that is found to be (in misericordia) i. to have offended, and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciaments and fines, Kitchen fol. 214. And I have heard common Lawyers say, that fines, as they are taken for punishments, be punishments certain, which grow expressly from some statute, and that amerciaments be such, as be arbitrably imposed by affeerors. This is in some sort confirmed by Kitchen fol. 78. in these words: (l'amerciament est affire per pares.) M. Manwood in his first part of Forest laws. pag. 166. seemeth to make another difference, as if he would infer an amerciament to be a more easy, or more merciful penalty, and a fine more sharp and grievous. Take his words: If the pledges for such a trespass (saith he) do appear by common summons, but not the defendant himself: then the pledges shall be imprisoned, for that default of the defendant: but otherwise it is, if the defendant himself do appear, and be ready in Court before the Lord, justice in eyre, to receive his judgement, and to pay his fine. But if such pledges do make default, in that ease the pledges shall be amerced, but not fined, etc. The author of the new terms of law, saith, that amerciament is most properly a penalty assessed, by the peers or equals of the party amercied for an offence done, for the which he putteth himself upon the mercy of the Lord. Who also maketh mention of an amerciament royal, and defineth it to be a pecuniary punishment laid upon a Sheriff, Coroner, or such like Officer of the kings, amercied by justices for his offence. See Misericordia.  
Amoveas manum. Look ouster le r●aiue.  
An, tour, & waste (annus, dies, & vastum.) Look year, day, and waste.  
Ancaling of tile, anno. 17. Ed. 4. ca 4.  
annates, (Annates) seemeth to be all one with first fruits. anno. 25. H. 8. ca 20. look, First fruits. The reason is, because the rate of first fruits paid of spiritual livings, is after one years profit. Of which Folydore Virgil, de inventione rerum, lib. 8. cap. 2. saith thus: Nullum inventum m●iores Romano Pontifici cumulavit opes, quam annatum (quas vocant) usus, qui omnino multò antiquior est, quam recentiores quidam scriptores suspicantur. Et annates more suo appellant primos fructus unius anni sacerdatii vacantis, aut danidiam eorum partem. Sanè hoc vectigal iam pride, cum Romanus Pontifex non habuerit tot possessiones quot nunc habet, & eum oportuerit pro dignitate, pro officio, multos magnosque facere sumptus, paulatim impositum fuit sacerdotiis vacantibus quae ille conferret: de qua quidem re ut gravi, saepe reclamatum fuisse testatur Henricus Hostiensis, qui cum Alexandro 4. Pontifice vixit, sic ut Franciscus Zabarellus tradat post hac in concilio Viennensi, quod Clemens quintus indixit (qui factus est Pontifex anno salutis humanae, 135.) agitatum fuisse, ut, eo deposito, annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici, & id quidem frustrà: Quare Pontifex annatas in sua nassa retinuit, ut ne indidem exire possent: lege caetera.  
Anniented, cometh of the French (aneantir. i. se abiicere, atque prosternere) It signifieth with ourlawyers, as much as frustrated or brought to nothing, Litlet●n lib. 3. cap. warranty.  
Annua pensione, is a writ, whereby the king having due unto him an annual pension from any Abbot or Prior for any of his Chaplains, whom he shall think good to name unto him, being as yet unprovided of sufficient living, doth demand the same of the said Abbot or Prior for one, whose name is comprised in the same writ, until, etc. and also willeth him, for his Chaplains better assurance, to give him his letters patents for the same. Register orig. fol. 265. & 307. & Fitzh. nat. br. fol. 231. where you may see the names of all the Abbeys and Priories bound unto this, in respect of their foundation or creation: as also the form of the letters patents usually granted upon this writ.  
Annuity (annuus reditus) signifieth a yearly rent to be paid for term of life or years, or in fee, and is also used, for the writ that lieth against a man for the recovery of such a rent, either out of his land, or out of his coffers, or to be received of his person, at a day certain every year, not satisfying it according to the grant. Register. orig. fol. 158. Fitz. nat. br. fol. 152. The author of the new terms of law defineth (annuity) to be a certain sum of money granted to another in fee simple, fee tail, for term of life, or of years, to receive of the granter, or his heirs, so that no freehold be charged therewith, whereof a man shall never have assize or other action, but a writ of annuity. Saintgerman in his book entitled (The Doctor and Student) dialogo primo, cap. 3. showeth divers differences between a rent and an annuity, whereof the first is, that every rent, be it rend service, rend charge, or rend seck, is going out of land: but an annuity goeth not out of any land, but chargeth only the person: that is to say, the granter, or his heirs that have assets by descent, or the house, if it be granted by a house of religion, to perceive of their coffers. The second difference is, that for the recovery of an annuity, no action lieth, but only the writ of annuity against the granter, his heirs, or successors: but of a rent, the same actions lie as do of land, as the case requireth. The third difference is, that an annuity is never taken for assets, because it is no freehold in law, neither shall be put in execution upon a statute Merchant, statute Staple, or elegit, as a rent may. Dyer fol. 345. num. 2. speaketh also to this effect:  
anise seed (semen Anisi) is a medicinal seed not unknown, so called of the herb anisum, whereof it is the fruit. Of this he that listeth may read Gerad● herbal li. 2. ca 397. It is noted among the garbleable drugs and spices. anno. 1. jaco. ca 19  
Anoisance, alias Noisance, alias Nuisance (nocumentum) cometh of the French (nuisance. i incommodum, noxa) and hath a double signification, being used as well for any hurt done either to a public place, as (high way, bridge, or common river) or to a private, by laying any thing, that may breed infection, by encroaching, or such like means: as also, for the writ that is brought upon this transgression: whereof see more in Nuisance. The word (anoysance) I find, anno 22. H. 8. ca 5.  
Apostata capiendo, is a writ that lieth against one, that having entered and professed some order of religion, breaketh out again, and wandereth the country, contrarily to the rules of his order. For the Abbot or Prior of the house, certifying this into the chawncerie, under their common seal, and praying this writ directed to the shreeve for the apprehension of such offend our, and for the delivery of him again to his Abbot or Prior, or their lawful attorney, were wont to obtain the same. The form whereof, with other circumstances, you shall find in the Register. orig. fo. 71. & 267. and Fitzh. nat. br. fo. 233. C.  
Apparelment, cometh of the French (pareisement. i. similiter, perinde, itidem) and signifieth a resemblance: as apparelment of war. anno 2. R. 2. stat. 1. ca 6.  
Appeal (appellum) cometh of the French (appeller. i. accire, accersere, nominare, evocare, clamore aliquem flagitare) It signifieth in our common law, as much as (accusatio) with the civilians. For as in the civil law, cognisance of criminal causes, is taken either upon inquisition, denunciation, or accusation: so in ours, upon indictment or appeal, indictment comprehending both inquisition, and denunciation. And accusation or appeal, is a lawful declaration of another man's crime (which by Bracton must be felony at the least in the common law) before a competent judge, by one that setteth his name to the declaration, and undertaketh to prove it, upon the penalty that may ensue of the contrary. To declare the whole course of an appeal, wear to much for this treatise. Wherefore for that, I must refer you to Bracton. li. 3. tract. 2. ca 18. come sequent. Britton. ca 22. 23. 24. 25. and to S. Thomas Smith. li. 3. de repub. Anglo. ca 3. and lastly to Stawnf. pl. cor. li. 2. ca 6. 7. etc. usque 17. An appeal is commenced two ways: either by writ, or by bill. Stawnf. ubi supra foe. 46. And it may be gathered by him. fo. 148. that an appeal by writ is, when a writ is purchased out of the chancery by one to another to this end, that he appeal a third of some felony committed by him, finding pledges that he shall do it, and deliver this writ to the shreeve to be recorded. Appeal by bill is, when a man of himself giveth up his accusation in writing to the Viscount or Coroner, offering to undergo the burden of appealing another therein named. This point of our law, among others, is drawn from the Normans, as appeareth plainly by the grand customary. ca 68 where there is set down a solemn discourse of both the effects of this appeal. viz. the order of the combat, & of the trial by inquest: of which by the common law of England, it is in the juice of the defendant, whether to take. See the new book of entrise. verbo Appel. & the book of Assizes. fo. 78. Appel.  
Appeal of mahem (appellum mahemij) is an accusing of one that hath maimed another. But that being no felony, the appeal thereof is but in a sort, an action of trespass: because there is no thing recovered but damages. Bracton calleth this (appellum de plagis & mahemio) and writeth of it a whole chapter. li. 3. tract. 2. ca 24. See S. Ed. Cook. 4. vol. fo. 43. a.  
Appeal of wrong imprisonment (appellum de pace & imprisonamento) is used by Bracton, for an action of wrong imprisonment, whereof he writeth a whole itactat. li. 3. tractat. 2. ca 25.  
Appeal (appellatio) is used in our common law divers times, as it is taken in the civil law: which is a removing of a cause from an inferior judge to a superior as appeal to Rome. an. 24. H. 8. ca 12. & an. 1. Elix. ca 1. But it is more commonly used, for the private accusation, of a murderer by a party, who had interest in the party murdered or of any fellow by one of his complices in the fact. See Approver.  
Appendent (appendens) is any thing belonging to another, as accessorium principali, with the Civilians, or adiunctum subiecto, with the logicians. An hospital may be appendent to a Manner. Fitzh. nat. br. fo. 142. Common of fishing appendent to a free hold. Westm. 2. ca 25. anno. 13. Ed. 1.  
Appertinances (pertinentiae) cometh of the French (appartenir. i. pertinere) It signifieth in our common law, things both corporal, belonging to another thing, as to the more principal: as hamlets to a chief Manner, common of pasture, turbarie, piscary, and such like; and incorporeal, as liberties and services of tenants. Brit. ca 39 where I note by the way, that he accounteth common of pasture, turbarie, and piscary, to be things corporal look Common.  
Apporcu●●ent (Apportion 〈…〉 tum) is a dividing of a rent into parts, according as the land, whence the whole rent issueth, is divided among two or more. See the new terms of law.  
Apprentice (Apprenticius) cometh of the French (aprenti. i. tyro & rudis discipulus) or of the verb (apprendre. i. addiscere, discere) and signifieth with us, one that is bound by covenant in word or writing, to serve another man of trade for certain years, upon condition, that the artificer or man of trade, shall in the mean time endeavour to instruct him in his art or mystery. S. Thomas Smith, in his book de rep. Ang. li. 3. ca 8. saith, that they are a kind of bond men, differing only, in that they be servants by covenant and for a time. Of these you may read diverse statutes made by the wisdom of our realm which I think superfluous here to mention.  
Appropriation (appropriatio) proceedeth from the French (approprior. i. appear, acc 〈…〉re) and properly signifieth, in the law of England, a severing of a benefice ecclesiastical (which originally and in nature is, juris divini & in p 〈…〉 nullius) to the proper and perpetual use of some Religious house or Deane, etc. and Chapter, Bishop rick or College. And the reason of the name I take to be this: because that whereas persons ordinarily be not accounted (domini) but (usufructuarij) having no right of fee simple. Littleton. titulo Discontinuance: these, by reason of their perpetuity, are accounted owners of the fee simple, and therefore are called proprietarij. And before the time of Richard the second, it was lawful (as it seemeeth) simply, at the least by man's law, to appropriate the whole fruits of a benefice to an abbey or priory, they finding one to serve the cure. But that King made so evil a thing more tolerable by a law, whereby he ordained, that in every licence of appropriation made in chancery, it should expressly be contained, that the diocesan of the place should provide a convenient sum of money yearly to be paid out of the fruits, toward the sustenance of the poor in that parish, and that the Vicar should be well and sufficiently endowed. anno. 15. Rich. 2. ca 6. Touching the first institution, & other things worth the learning about appropriations, read Plowden in Grendons case. fo. 496. b. & seqq. as also the new terms of law, verbo Appropriation. To an appropriation, after the licence obtained of the King in chauncerle, the consent of the Diocesan, Patron, and incumbent are necessary, if the Church be full: but if the Church be void, the Diocesan and the Patron upon the King's licence may conclude it. Plowden ubi supra. To dissolve an appropriation, it is enough to present a Clerk to the Bishop. For, that once done, the benefice returneth to the former nature. Fitzh. nat. br. fo. 35. 〈◊〉.  
Approvour (approbator) cometh of the French (approuver. i. approbare, comprobare, calculum albo adijcere) It signifieth in our common law, one that confessing felony of himself, appealeth or accuseth another, one or more, to be guilty of the same; & he is called so, because he must prove that which he hath alleged in his appeal. Stawnf. pl. cor. fo. 142. And that proof, is by battle or by the country, at his election that appealed. The form of this accusation, you may in part gather by M. Cromptons' justice of peace. fo. 250. & 251. that it is done before the coroner, either assigned unto the selon by the court, to take and record what he saith, or else called by the fellow himself, and required for the good of the Prince & common wealth, to record that which he saith, etc. The oath of the approver, when he beginneth the combat, see also in Crompton in the very last page of his book, as also the proclamation by the Herald. Of the antiquity of this law, you may read something in Horns mirror of justices, l. 1. in fine cap. deal office del coroner. Of this also see Bracton more at large, lib. 3. tract. 2. cap. 21. & 34. and Stawnf. pl. cor. lib. 2. cap. 52. cum seq.  
Approvers of the king (Appruatores regis) be such as have the setting of the king's demesnes in small Manors to the king's best advantage, anno 51. H. 3. stat. 5. See Approve.  
Approve (appruare) cometh of the French (approver, i. approbare, comprobare, calculum albo adiicere) it signifieth in the common law to augment, or (as it were) to examine to the uttermost. For example: to approve land, is to make the best benefit thereof by increasing the rent, etc. So is the Substantive (approvement) used in Cromptons' iurisd. fol. 153. for the profits themselves. So is it likewise in the statute of Merton cap. 4. anno 2. H. 3 land newly approved, Old. nat. br. fol. 79. So the Sheriffs called themselves the king's approvers, anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the king's profits. And anno 9 H. 6. cap. 10. Bailiffs of Lords in their franchises be called their approvers. But anno 2. Ed. 3. cap. 12. Approvers be certain men especially sent into several counties of the Realm, to increase the Fermes of hundreds and wapentakes, which formerly were set at a certain rate to the Sheriffs, who likewise dimised them to others, the county Court excepted.  
Approvement (appruamentum) see Approve. See the Register judicial. fol. 8. br. & 9 a. See the new terms of law, verbo (Approvement.)  
arbitrator (arbiter) may be taken to proceed from either the Latin (arbitrator,) or the French (arbitre) it signifieth an extraordinary judge in one or more causes, between party and party, chosen by their mutual consents, West. part 2. Symb. titulo Compromise. Sect. 21. who likewise divideth arbitrement, into general, that is, including all actions, quarrels, executions, and demands, and special, which is of one or more matters, facts, or things specified, eodem sect. 2. 3. 4. T 〈…〉 vilians make a difference between (arbitrum & arbitratorem) l. 76. Π. pro socio. For though they both ground their power upon the compromise of the parties: yet their liberty is divers. For arbiter is tied to proceed and judge according to law with equity mingled: arbitrator is permitted wholly to his own discretion, without solemnity of process, or course of judgement, to hear or determine the controversy committed unto him, so it be juxta arbitrium boniviri.  
Arches court (Curia de arcubus) is the chief and ancientest Consistory, that belongeth to the Archbishop of Canterbury, for the debating of spiritual causes: and is so called of the Church in London dedicated to the blessed Virgin, commonly called Bow church, where it is kept. And the Church is called Bow church of the fashion of the Steeple or clocher thereof, whose top is raised of stone pillars builded arch-wise, like so many bend bows.  
The judge of this Court, is termed the Dean of the Arches, or the official of the Arches court. Deane of the Arches, because with this officialtie, is commonly joined a peculiar jurisdiction of thirteen parishes in London termed a Deantie, being exempted from the authority of the Bishop of London, and belonging to the Archbishop of Canterbury: of which the parish of Bow is one & the chief, because the Court is there kept. Some others say, that he was first called Deane of the arches, because the official to the Archbishop, being many times employed abroad, in ambassages for the king and realm, the Dean of the Arches was his substitute in his court, and by that means the names became confounded. The jurisdiction of this judge is ordinary, and extendeth itself through the whole Province of Canterbury. So that upon any appeal made, he forthwith, and without any farther examination of the cause, sendeth out his citation to the party appealed, and his inhibition to the judge, from whom the appeal is made. Of this he that will, may read more in the book entitled. De antiquitate Eccelesiae Britamnicaehistoria.  
Arma moluta, seem to be sharp weapons that do cut, & not blunt that do only break or bruise. Bracton. li. 3. tract. 2. ca 23. & Stawnf. pl. cor. fo. 78. & 79. whereof Bracton hath these words: arma moluta plagam faciunt, sicut gladius, bisacuta, & huiusmodi: ligna verò & lapides brusuras, 〈…〉 bes, & ictus, qui judicari non possunt ad plagam ad hoc, ut inde veniri possit ad duellum.  
Armour (arma) in the understanding of our common law, is extended to any thing, that a man in his anger or fury taketh into his hand, to cast at or strike another. Cromptons' justice of peace. fo. 65. a. So, armorum appellatio, non utique scuta & gladios & galeas significat, sed & fustes & lapides. l. 42. Π. de verbo. significatione.  
Array (arraia, alias arraiamentum) cometh of the French (array. i. ordo.) which is an old word out of use: or it may be well deduced from (ray. i. linea) It signifieth in our common law, the ranking or setting forth of a jury or inquest of men impaneled upon a cause. a. 18. H. 6 c. 14. Thence is the verb to array a panel. owld. nat. br. fo. 157. that is, to set forth one by another, the men empaneled. The array shallbe quashed. owld. nat. br. fo. 157. By statute, every array in assize, aught to be made four days before. Broke. titulo Panel. nu. 10. to challenge the array. kitchen. foe 92.  
Arreyers, seemeth to be used in the statut. anno. 12. Rich. 2. ca 6. for such officers, as had care of the soldiers armour, to see them duly appointed in their kinds.  
Arraine (arraniare) cometh of the French (arranger. i. astituere, ordinare,) that is, to set a thing in order, or in his place, and the same signification it hath in our common law. For example, he is said to arraine a writ of novel disseisin in a county, that fitteth it for trial, before the justices of that circuit. owld nat. br. fo. 109. Litleton. fo. 78. useth the same word in the same sense. viz. the lease arraineth an assize of novel disseisin. Also a prisoner is said to be arraigned, where he is indited and brought forth to his trial. Arraigned within the verge upon murder. Stawnf. pl. cor. fo. 150. The course of this arrainment, you may read in S. Thomas Smith. de repub. Anglo. li. 2. ca 23.  
Arrearages (arreragia) cometh of the French (arrierages. 1. reliqua) It signifieth the remain of an account, or a sum of money remaining in the hands of an accountant. It is used sometime more generally, for any money unpaide at the due time: as arrearages of rent. That this word is borrowed from France, it appeareth by Tiraquel de utroque retractu. tomo. 3. pa. 32. nu. 10.  
Arrest (arestum) cometh of the French (arrester. i. retinere, retare, subsistere) or rather, it is a French word in itself, signifying a settling, stop, or stay, and is metaphorically used for a decree or determination of a cause debated or disputed to and fro, as (arrest du Senat. i placitum curiae) In our common law, it is taken most of all for a stay or stop: as a man apprehended for debt, etc. is said to be arrested. To plead in arrest of judgement, is to show cause why judgement should be stayed, though the verdict of the 12. be passed. To plead in arrest of taking the inquest upon the former issue, is to show cause why an inquest should not be taken, etc. Broke. tit. Repleder. Take this of learned M. Lambard in his eirenarch. li. 2. ca 2. pa. 94. Budae. (saith he) in his greek commentaries is of opinion, that the French word (arrest) (which with them signifieth a decree or judgement of court, took beginning of the Greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. placitum) and as we might say, the pleasure and will of a court. And albeit it were not out of the way to think that it is called an arrest, because it stayeth or arresteth the party: yet I believe rather, that we received the same from the Normane laws, because we use it in the same sense with them. For commonly with us, au arrest is taken for the execution of the commandment of some court, or of some officer in justice. But howsoever the name began: an arrest is a certain restraint of a man's person, depriving him of his own will and liberty, and binding it to become obedient to the will of the law. And it may be called the beginning of imprisonment. Precepts & writs of the higher courts of law, do use to express it by two sundry words: as (capias) and (attachies) which signify to take or catch hold of a man. But this our precept noteth it by the words (duci facias) that is, cause him to be conveyed, etc. For that the officer hath (after a sort) taken him before, in that he cometh unto him, and requireth him to go to some justice of the peace. Thus far M. Lamberd. And by like this word is spread farther than France. For gail a German writer showeth by his Tractate (de arrestis imperii) that it is used also in the imperial territories, & in the same signification, c. 1. n. 1.  
Arrestandis bonis ne dissipentur, is a writ which lieth for him, whose cattles or goods are taken by another, that, during the controversy, doth, or is like to make them away, and will be hardly able to make satisfaction for them afterward, Reg. orig. fol. 126. b.  
Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis, etc. is a writ that lieth for the apprehension of him, that hath taken priest money towards the king's wars, and lieth hidden when he should go. Register. orig. 24. b.  
Arresto facto super bonis mercatorum alienigenorum, etc. is a writ that lieth for a denizen against the goods of strangers of any other country, found within the kingdom, in recompense of goods taken from him in the said country, after he hath bene denied restitution there. Register. orig. fo. 129. a. This among the ancient Civilians was called (clarigatio) now barbarously (represali 〈…〉  
Arretted (arrectatus) is he that is convented before a judge, and charged with a crime. Stawnf. pl. cor. lib. 2. 45. quasi ad rectum vocatus. It is used sometime, for (imputed or laid unto) as, no folly may be arretted to him being under age. Litleton cap. Remitter. The Latin substantive (Rettum) is used in the Register orig. Chawcer useth the verb (arretteth) id est, layeth blame, as M. Speight interpreteth it. I may probably conjecture, that this word is the Latin (rectum.) For Bracton hath this phrase (ad rectum habere malefactorem) i. to have the malefactor forth coming: so as he may be charged, and put to his trial. lib. 3. tract. 2. cap. 10. and in another place (rectatus de morte hominis) i. charged with the death of a man, eod. cap. 1. num. 3.  
Articles of the Clergy (articuli Cleri) be certain statutes made touching persons and causes ecclesiastical, anno 9 Ed. 2. Like unto which there were other made, anno 14. Ed. 3. stat. 3.  
Assay of measures and weights (assaia mensurarum & ponderum) Register. orig. fol. 279. is the examination used by the Clerk of the market.  
Assayer of the king, is an officer of the mint, for the due trial of silver, indifferently appointed betwixt the master of the Mint, and the merchants that bring silver thither for exchange. anno 2. H. 6. cap. 12.  
Assault, in sultus, cometh of the French verb (assailir. i. adormi, appetere, invadere) which French also proceedeth from the Latin (assilire. i. vim afferre, oppugnare.) It signifieth in our common law, a violent kind of injury, offered to a man's person, of a higher nature than battery. For it may be committed by offering of a blow, or by fearful speech. M. Lamberd in his eirenar. lib. 2. cap. 3. whom read. The feudists call this (assultum) and define it thus: Assultus, est impetus in personam aut locum, five hoc pedibus fiat vel equo, aut machinis, aut quacunque alia re assiliatur. Zasius de feud. part 10. nu. 38. And (assilire) est, vim adferre, adoriri, oppugnare, li. feud. 1. tit. 5. §. 1.  
Assach, seemeth to be a Welsh word, and to signify so much, as a kind of excuse, or strange kind of purgation by the oaths of three hundred men. anno 1. H. 5. cap. 6.  
Assart (assartum) in M. Manwoods' judgement, part. 2. ca 9 ru. 5. of his forest laws, cometh of the French (assortir) signifying (as he saith) to make plain, or to furnish; but rather indeed, to set in order and handsomely to dispose. Assartum est, quod redactum est ad culturam. Fleta. li. 4. ca 21. §. Item respondere. It signifieth, as the said M. Manwood saith. nu. 1. ubi supra, an offence committed in the forest, by plucking up those woods by the roots, that are thickets or coverts of the forest, and by making them plain, as eatable land, where he also faith, that an assart of the Forest, is the greatest offence or trespass of all other, that can be done in the forest, to vert or venifon, containing in it as much as waste or more. For whereas the waste of the Forest, is but the felling and cutting down of the coverts, which may grow again in time: an assart, is a plucking them up, etc. which he confirmeth out of the red book in the Exchequer, in these words: Assarta verò, occasiones nominantur, quando sc: forestae nemora vel dumeta, pascuis & latibulis ferarum oportuna, succiduntur: quibus succisis & radiciti● avulsis, terra subvertitur & excolitur. And again out of the Register original. fo. 257. a. b. in the writ (ad quod damnum) scent out in case, where a man sueth for a licence, to assart his grounds in the Forest, and to make it several for tillage. So that it is no offence, if it be done with licence. To this, may Bracton also be added. li. 4. ca 38. nu. 11. where he saith, that these words (boscus es●icitur assartum) signify as much, as (redactus in culturam) of this you may read more in Cromptons' jurisdictions. fo. 203. and in charta de foresta, anno. 9 H. 3. ca 4. where the english word is not (assart) but assert, & in Manwood, part. 1. of his Forest laws. pa. 171. The word is used. anno. 4. Ed. 1. stat. 1. in the same signification. That which we call (assartum) is else where termed Disboscatio. Decis. Genu. 74.  
Assembly unlawful, (illicita assemblata) cometh of the French (assembler. i. aggregare) whence also is the substantive (assembly. i. coitio, congregatio) It is in our common law (as M. Lamberd defineth it, eiren. li. 1. ca 19) the company of 3. persons (or more) gathered together to do an unlawful act, although they do it not. See unlawful assembly.  
Assets (quod tantundem valet) Bract. li. 5. tract. 3. ca 8. nu. 2. is nothing but the French (assez. 1. satis) For though this word mask under the vizard of a substantive, it is in truth but an adverb. It signifieth in our common law, goods enough to discharge that bruden, which is cast upon the executor or heir, in the satisfying of the testators or ancestors debts or legacies. See Brooke, titulo Assets per descent: by whom you shall learn, that whosoever pleadeth assets, sayeth nothing, but that he against whom he pleadeth; hath enough descended or come to his hands, to discharge that which is in demand. The author of the new terms of law, maketh. 2. sorts of assets, viz. assets par descent, & assets enter mains. the former, being to be alleged against an heir, the other, against an executor or administrator.  
Assign (assignare) both itself, and the French (assigner) come of the latin. It hath two significations: one general: as to appoint a deputè, or to set over a right unto another. In which signification, Britton. fo. 122. saith this word was first brought into use, for the favour of Bastards; because they cannot run under the name of heirs to their fathers, and therefore were, & are comprised under the name of (assignees) The other signification of this word is especial, as to appoint at, or set forth. viz. to assign error. old. br. nat. fo. 19 is to show in what part of the process error is committed. To assign false judgement. eodem. fo. 17. that is, to declare how and where the judgement is unjust. To assign a false verdict. eodem. fo. 112. and to assign an oath to be false. anno. 9 R. 2. ca 3. To assign the cessor, old. nat. br. fo. 134. 1. to show how the plaintiff had cessed, or given over. To assign waist, is to show, wherein especially the waist is committed. Reg. orig f. 72.  
Assign, in the general signification is used. anno 20. Ed 1. & anno 11. H. 6. cap. 2. in these words: justices assigned to take assizes. And the Substantive (assignment) hath the same signification. west's symb. part 1. lib. 2. sect. 496. & seq. In which manner is also used the adjective (assignee, assignatus) viz. for him that is appointed or deputed by another to do any act, or perform any business, or enjoy any commodity. And an assignee may be either in deed, or in law. Assignee in deed, is he that is appointed by a person, an assignee in law is he, whom the law so maketh without any appointment of the person. v. Dyer fol. 6. num. 5. Perkins in grants saith, that an assignee is he, that occupieth a thing in his own right, and deputè, he that doth it in the right of another.  
Assize (assisa) cometh of the French (assize) which in the grand customary of Normandy, cap. 24. is defined to this effect. Assize is an assembly of Knights and other substantial men, with the Bailiff or justice in a certain place, and at a certain time appointed. And again, cap. 55. Assize is a court, in the which whatsoever is done, aught to have perpetual strength. This Normane word (assize) cometh of the French (asseoir. ●. collocare) to settle or bestow in some place certain: as (s●asseoir) is to sit down by another. And metaphorically it is used of things incorporeal: as (asseoir son judgement sur quelque am) is, interponere judicium suum. Of this verb cometh the participle (assis) as (estre assis) i. sedere. And this Participle in the grand customary of Normandy, cap. 68 is used, as we would say: appointed, limited, or determined, viz. (au iour qui est assis à fair la battle, se doibuent les champions offrir á la justice) that is: at the day which is appointed for the combat, the champions ought to offer themselves to the justice. So that by all these places compared together, it is evident whence the original of this word (assize) floweth. How diversly it is used in our common law, it followeth that we declare. First Litleton in the chapter, Rents. saith, that it is aequivocum: where he setteth down three several significations of it: one, as it is taken for a writ: another, as it is used for a jury: the third, as for an ordinance. And him, he that listeth, may read more at large. My collections have served me thus: first (assize) is taken for a writ directed to the shreeve, for the recovery of possession of things immovable, whereof yourself, or your ancestor have been disseised. And this is as well of things corporal as incorporeal rights, being of four sorts: as here they follow in their order.  
Assize of novel disseisin (assisa nova disseisina) lieth where a tenant in Fee-simple, Fee-tail, or for term of life, is lately disseised of his lands or tenements, or else of a rend service, rend seck, or rend charge, of common of pasture, of an office, of tolle, tronage, passage, pownage, or for a nuisance levied, and divers other such like. For confirmation whereof, you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract. 1. per totum. Britton. cap. 70. & seqq. Register orig. fol. 197. Fitz. nat. br. fol. 177. 178. 179. new book of entries. fol. 74. col. 3. West. 2. cap. 25. anno 13. Ed. 1. And to this may aptly be added the Bill of fresh force (friscae fortiae) which is directed to the officers or magistrates of Cities or Towns corporate, being a kind of assize for recovery of possession in such places within 40. days after the force, as the ordinary assize is in the county. Fitzh. nat. br. fo. 7. c. This the Civilians call, judicium possessorium recuperandi.  
Assize of mort d' auncester (assisa mortis antecessoris) lieth, where my father, mother, brother, sister, uncle, aunt, etc. died seized of lands, tenements, rents, etc. that he had in see simple, and after his death a stranger abateth: an it is good, as well against the abatour, as any other in possession. How likewise this is extended, see Bracton. li. 4. tract. 3. per totum. Britton. ca 70. cum multis sequent. Fitzh. nat. br. fo. 114. Register. orig. fo. 223. This the Civilians call, judicium possessorium adipiscendi.  
Assize of darrein presentment (assisa ultima praesentationis) lieth, where I, or mine ancestor have presented a Clerk to a Church, and after (the Church being void by the death of the said Clerk or otherwise) a stranger presenteth his Clerk to the same Church, in disturbance of me. And how otherwise this writ is used; See Bracton. li. 4. tract. 2. Register. orig. fo. 30. Fitzh. nat. br. fo. 195.  
Assize de utrum (assisa utrum) lieth either for a parson against a lay man, or a lay man against a parson, for land or tenement doubtful, whether it be lay see, or free alms. And of this, see Bracton. li. 4. tract. 5. cap. 1. & seqq. Brit. ca 95. The reason why these writs be called assizes, may be divers. First, because they settle the possession, and so an outward right in him that obtaineth by them. Secondly, they were originally sped and executed at a certain time and place formerly appointed. For by the Norman law, the time and place must be known 40. days before the justices sat of them: and by our law, there must be likewise 15. days of preparation, except they be tried in those standing courts of the king in Westminster: as appeareth by Fitzh. nat. br. fo. 177. D. E. Lastly, they may be called assizes, because they are tried most commonly by especial courts, set & appointed for the purpose: as may be well proved not only out of the customary of Normandy, but our books also: which show, that in ancient times, justices were appointed by especial commission, to dispatch controversies of possession, one or more, in this or that only county, as occasion fell out, or disseisins were offered, & that as well in term time, as out of term: whereas of later days, we see that all these commissions of asseses, of eyre, of oyer & terminer, of gaol delivery, and of nisi prius, are dispatched all at one time, by two several circuits in the year; out of term, and by such as have the greatest sway of justice, being all of them, either the Kings ordinary justices of his benches, Sergeants at the law, or such like.  
Assize, in the second signification (according to Litleton) is used for a jury. For (to use his own example) it is set down in the beginning of the record of an assize, of novel disseisin. Assissa venit recognitura; which is as much to say, as juratores veniunt recognituri. The reason why the jury is called an assize, he giveth to be this: because by the writ of assize, the shreeve is commanded, quòd faciat duodecim liberos & legales homines de viceneto etc. videre tenementum illud, & nomina eorum imbreviari, & quod summoneat eos per bonas summonitiones, quòd sint coram justitiarijs, etc. parati inde facere recognitionem, etc. This is (as if he should have spoken shorter) metonymia effecti. For they are called the assizes, because they are summoned by virtue of the writ so termed. And yet the jury summoned upon a writ of right, is likewise called the assize, as himself there confesseth: which writ of right is not an assize. But this may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or abusively so termed. Assize, in this signification, is divided in magnam & paruam. Glanvile lib. 2. ca 6. 7. etc. and Britton. c. 12. where it appeareth, wherein the great assize differeth from the petit assize: whom I wish to be read, by those that would be further instructed in this point. For this place, thus much in short. The former 4. kinds of assizes used in actions only possessory, be called petit assizes, in respect of the grand assize. For the law of feeze is grounded upon two rights: one of possession, the other of property: and as the grand assize serveth for the right of property, so the petit assize serveth for the right of possession. Horns mirror of justices, lib. 2. cap. de novel. disseisin.  
Assize in the third signification according to Litleton, is an ordinance or statute: as the statute of bread and ale made, anno 51. H. 3 is termed the assize of bread and ale (assisa panis & ceruiciae, Regist. orig. fol. 279. b. The assize of Clarendon, (assisa de Clarendon) whereby those that be accused of any heinous crime, and not able to purge themselves by fire and water, but must abjure the realm, had liberty of 40. days to stay, and try what succour they could get of their friends, toward their sustenance in exile. Stawnf. pl. cor. fol. 118. out of Bracton li. 3. tract. 2. cap. 16. num. 2. Of this also Roger Hoveden maketh mention, and more particularly than any that I have read, part poster. suorum annalium, fol. 313. b. in Henrico secundo. Assize of the Forest, (assisa de Foresta) which is a statute or constitution touching orders to be observed in the king's forest. Manwood part. 1. of his Forest laws, pag. 35. Crompton in the Court of the justices of the Forest per totum, fol. 146. & seq. And the assize of the king, anno. 18. Ed. 3. stat. 1. called the statute for view of Francke pledge. And these be called assizes, because they set down and appoint a certain measure, rate, or order in the things which they concern. Of assize in this signification doth Glanvil also speak, lib. 9 cap. 10. in fine. Generaliter verum est quod de quolibet placito quod in comitath deducitur & terminatur, misericordia quae inde provenit, vicecomiti debetur: quae quanta sit, per nullam assisam generalem determinatum est. And thus much touching Litletons' division. But if we mark well the writers of the law, we shall find this word (assize) more diversly used, than this author hath noted. For it is used sometime for the measure or quantity itself, (and that per Metonymiam effecti) because it is the very scantline described or commanded by the ordinance: as for example we say, when wheat, etc. is of this price, than the bread, etc. shall be of this assize. This word is further taken, for the whole process in court upon the writ of assize, or for some part thereof, as the issue or verdict of the Iury. For example, assizes of new disseisin, etc. shall not be taken, but in their shires, and after this manner, etc. mag. char. cap. 12. And so it seemeth to 〈…〉 nifie, Westm. 2. cap. 25. anno 13. Ed. 1. in these words: let the disseisiours allege no false exceptions, whereby the taking of the assizes may be deferred, etc. And anno 34. Ed. 1. stat. 2. if it be found by assize: the assize in arraigned: to aver by the assize: the assize by their default shall pass against them: and also an. 1. H. 6. cap. 2. assizes awarded by default of the tenants, &c: Lastly, by Merton, cap. 4. anno 20. H. 3. certified by the assize, quite by the assize, etc. And in this signification, Glanvile calleth it, magnam assisam domim regis: quae ex duodecim ad minus legalium hominum sacramentis consistit. lib. 2. cap. 7. Bracton useth it in like sort: as assisa cadit in transgressionem. lib. 4. cap. 30. & assisa cadit in perambulationem. codem. cap. 31. num. 2. Fleta defineth an assize in this signification, thus: Assisa in iure possessorio, est quaedam recognitio duodecim hominum iuratorum, per quam Iusticiary certiorantur de articulis in brevi contentis. An assize also thus signifying, is said sometime to pass, (per modum assisae) and sometime in modum 〈…〉 ata. in manner of an assize, when only the disseisin in question, is put to the trial of the twelve in manner of a jury, when as any exception is objected to disable the interest of the disseisee, and is put to be tried by the twelve, before the assize can pass. As for example: Quaestio status, causa successionis, causa donationis, pactum sive conditio vel connentio, voluntas & dissimulatio, transactio, vel quietaclamatio vel remissio, confirmatio sive consensus, propria usurpatio rei propriae, difficultas judicij, justum judicium, finis, chirographum, intrusio in rem alienam, vel disseisina, si in continenti reijciatur, negligentia quae per transitum temporis excludit actunem. Fleta. lib. 4. cap. 10. §. 1. whom read also to this point, cap. 11. §. Siautem à Domino: and at large, cap. 16. eiusdem libri. & lib. 5. cap. 6. §. Item. vertitur assisa & seq. And note that assize in this signification, is taken four ways, Old nat. br. fol. 105. The first, is assize at large, which is taken aswell upon other points, as upon the disseisin. For example, where an infant bringeth an assize, and the deed of his ancestor is pleaded, whereby he claimeth his right or foundeth his title: then the assize shall be taken at large: that is, the jury shall inquire, not only whether the plaintiff were disseised or not by the tenant, but also of these other points: viz. whether his ancestor were of full age, of good memory, and out of prison, when he made the deed pleaded. Another example out of Kitchen, fol. 66. The tenant pleadeth a foreign release, in bar to an assize, whereupon the cause was adjourned. At the day the tenant maketh default. Therefore the assize was taken at large: that is, not only whether the plaintiff were disseised, but also whether there be any such foreign release. A third example you may read in Litleton. cap. Estates upon condition. The second manner of assize in point of assize (assisa in modum assisae) which is, when the tenant, as it were, setting foot to foot with the demandant, without further circumstance, pleadeth directly contrary to the writ, no wrong, no disseisin. The third manner is, assize out of the point of assize (assisa extra assisam, vel in modum iuratae.) viz. when the tenant allegeth some by exception, that must be tried by a jury, before the principal cause can proceed: as if he plead a foreign release, or foreign matter tryable in another county. For in this case, the justices refer the record to the Court of common pleas, for the trial of the foreign plea, before the disseisin can come to be discussed. Of this sort read divers other examples in Bracton, lib. 4. part. 1. cap. 34. For there be of them (as he saith) and Britton also, cap. 52. both dilatory and peremptory. The fourth and last manner is: assize of right of damages, and that is, when the tenant confessing a putting out, and referring it to a demurter in law, whether it were rightly done or not, is adjudged to have done wrong. For than shall the demandant have a writ to recover damages, which is called assize to recover damages, as also the whole process.  
Assize, is further taken for the court, place, or time, where and when the writs and processes of assize be handled or taken. And in this signification assize is general: as when the justices pass their several circuits, every couple with their commission, to take all assizes twice in the year. For he that speaketh of any thing done, at that time, and in that place, will commonly say, that it was done at the general assize. It may likewise be special, in this signification: as if an especial commission should be granted to certain (as in ancient times they often were, Bracton. lib. 3. cap. 11. in fine) for the taking of an assize upon one disseisin or two: any thing done in the court before them, a man would say, it was done at such an especial assize. And in this very signification doth Glanvil use it, lib. 9 cap. 12. in these words: Si contra dominum suum & non infra assisam, tunc distringitur ipse occupator, etc. and lib. 13. cap. 32. in these words: cum quis itaque infra assisam domini regis. i. infra tempus à domino rege de consilio procarum ad hoc constitutum, quod quandoque maius, quandoque minus censetur, alium iniustè & sine judicio disseisiver 〈…〉, etc. Of this word assize, you may read in M. Skene, de verbo. signif. verbo. Assize, and by him understand, that in Scotland also it is diversely used, viz. in 5. several significations. And touching the fifth signification, he hath these words: An assize is called a certain number of men lawfully summoned, received, sworn and admitted to judge and discern in sundry civil causes, sick as perambulations, cognitions, molestations, pourpresture, division of lands, serving of brieves, and in all and sundry criminal causes decided and tried by an assize: whereof there are two kinds: one ordinarily in use, which may be called a little assize of the number of 13. or 15 persons: the other, called a great assize, which consisteth of 25. persons, etc. The rest is very worth the reading.  
Assisa continuanda, is a writ directed to the justices assigned to take an assize, for the continuance of the cause, in case where certain records alleged, cannot in time be procured by the party that would use it. Reg. orig. f. 217.  
Assisa proroganda, is a writ directed to the justices of assize, for the stay of proceeding, by reason of the King's business, wherein the party is employed. Register. orig. fo. 208. and fo. 221.  
Association (associatio) is a patent sent by the King, either of his own motion, or at the suit of the plaintiff, to justices appointed to take assizes of novel disseisin, or of oyer and terminer, etc. to take others unto them as fellows and colleagues in that business. The dirivation is plain: the examples, and sundry uses hereof you may find, in Fitz●. nat. br. fo. 185. E. & foe 111. B. but more particularly in the Reg. orig. f. 201. 202. 205. 206. 207. 223. 224.  
Assoil (absolvere) cometh of the French (absouldre) and signifieth to deliver or set free from an excommunication. Stawnf. pl. cor. fo. 72. in words to this effect: Otherwise the defendant should remain in prison, until the plaintiff were assoiled, that is, delivered from his excommunication.  
Assumpsit, is a voluntary promise made by word, whereby a man assumeth or taketh upon him to perform or pay any thing unto another. This word containeth any verbal promise made upon consideration, which the Civilians express by diverse words, according to the nature of the promise, calling it sometime pactum, sometime sponsionem, sometime promissionem, pollicitationem or constitutum, the word seemeth to be drawn from the latin (assumptio) quae significat professionem. l. Π. ad municipalem.  
Attach (attachiare) cometh of the French (attacher. i. figere, nectere, illigare, defigere, alligare.) In our common law it signifieth, to take or apprehend by commandment or writ. And M. Lamberd in his eirenarch. li. 1. cap. 16. maketh this difference between an arrest and an attachment, that an arrest proceedeth out of lower courts by precept, and an attachment out of higher courts by precept or writ: and that a precept to arrest hath these formal words (duci facius etc.) and a writ of attachment these words: (praecipimus tibi quòd attachies talem, & habeas eum coram nobis etc. whereby it appeareth, that he which arresteth, carrieth the party arrested to another higher person to be disposed of forth with, he that attacheth, keepeth the party attached, and presenteth him in court at the day assigned in attachment. yet I observe out of Master Kitchen, that an attachment issueth out of a court baron, which is a low court. cap: Attachment in court baron, fo. 79. Another difference there is, that an arrest lieth only upon the body of a man, and an attachment some time upon his good, as shallbe showed in the sequel. It may be likewise asked how an attachment and a (capias) do differ: & how an attachment and a (cape) and an attachment and a distress. First that an attachment differeth from a (capias) it appeareth by Kitchen in these words: fo. 79. Note that in a court Baron a man shallbe attached by his goods; and a (capias) shall not go out thence. whereby I gather, that an attachment is more general, taking hold of a man's goods, and a (capias) of his body only. Then an attachment differeth from a (cape) in this, because a (cape) be it (cape magnum) or (cape parvum) taketh hold of immovables, as lands or tenements, and are properly belonging to action real: as you may gather out of their forms, in Fitzh. nat. br. whereas attachement hath rather place in actions personal, as Bracton plainly setteth down. li. 4. tracta. 4. ca 5. nu. 3. Where nevertheless it appeareth, that a (cape) may be likewise used in an action personal. An attachment (as it is formerly said) taketh hold of movable goods or the body. For it appeareth, by kitchen. foe 263. that a man may be attached by a hundred sheep. Read Skene, de verbo. signific. verbo attachiamentum.  
Now it followeth to show how attachment differeth from a distress. For so it doth, as may be showed out of Kitchen, foe 78. where he saith, that process in court baron, is summons, attachment, and distress, out of the owld. nat. br. fo. 27. where it is said, that a process in a (quare impedit) is summons, attachment, and one distress, and, again fo. 28. where (speaking of the writ) ne admittas) he saith thus: and the process is one prohibition, and upon the prohibition an attachment and distress, and fo. 32. in a writ of (Indicavit) you have these words: and after the attachment returned, the distress shall go out of the rolls of the justices. Bracton on the other side, li. 5. tract. 3. ca 4. nu. 2. showeth, that both (attachiamentum, & magnum cape, districtiones sunt). of which opinion Fleta also is, li. 5. ca 24. §. si autem ad. But there also he saith, that (attachiamentum est districtio personalis, & cape magnum districtio realis. So that by his opinion, districtio is (genus) to attachment. Britton in his 26. chapter, hath words to this effect: but in attachment of felony, there cometh no distress, otherwise then by the body. And if the Shyreeve return in the cases aforesaid, that the trespassers have nothing in his bailiwick, by the which they may be distrained, it must be awarded that he take their bodies, etc. In which place, an attachment is plainly used, for an apprehension of an offender by his goods. So that to conclude, I find no difference between an attachment, and a distress, but these two● that an attachment reacheth not to lands, as a distress doth, and that a distress toucheth not the body (if it be properly taken) as an attachment doth. yet are they divers times confounded, as may appear by the places formerly alleged, and by Glanvile. li. 10. ca 3. and Fleta. li. 2. ca 66. & seqq. How be it, in the most common use, an attachment is an apprehension of a man by his body, to bring him to answer the action of the plaintiff: a distress is the taking of another man's goods, for some real cause, as rend, service, or such like, whereby to drive him to replevie, and so to be plaintiff in an action of trespass, against him that distrained him. And so much for the difference, and coherencie of these words. See also Distress.  
I find in West. part. 2. symbolaio. titulo. proceedings in chancery. sect. 22. 23. that attachement out of the chancery is twofold, one simple, and originally decreed for the apprehension of of the party: the other, after return made by the shreeve quod defendens non est inventus in baliva sua, with proclamations made through the whole courtie, in such places, as he shall think meet, that the party appear by a day assigned, and that he attached never the less, if he may be found. This second kind hath an affinity with the canonists (vijs & modis) at the which if the party appear not, he is excommunicate: or with the Civilians (vijs & modis unâ cum intimatione) For in the chancery, if he come not upon this, he is forth with pressed with a writ of rebellion.  
There is an attachment of privilege, which is a power to apprehend a man in a privileged place, or else, by virtue of a man's privilege, to call another to this or that court, whereunto he himself belongeth, and in respect whereof, he is privileged. New book of entrise. verbo privilege. fo. 431. col. 2. There is also a foreign attachment, which is an attachment of a foreigners goods found within a liberty or city, to satisfy some creditor of his within the city. There is also an attachment of the forest, which is a court there held. For (as M. Manwood saith) in his first part of forest laws, p. 90. 92. 99 there be three courts of the forest, whereof the lowest is called the (attachment) the mean, the (swaynemote) the highest, the (justice seat in eyre.) This court of attachment seemeth so to be called, because the verderours of the forest have therein no other authority, but to receive the attachements of offenders against vert and venison, taken by the rest of the officers, and to enroll them, that they may be presented and punished at the next justice seat. Manwood. part. 1. pa. 93. And this attaching is by three means, by goods and cattles, by body, pledges, and mainprize, or by the body only. The court is kept every. 40. days throughout the year. And he that hath occasion to learn more of this, I refer, him to M. Manwood, loco quo supra, & to M. Crompton in his court of the forest. attachment is commanded in writs, the diversity whereof you may see, in the Register original under the word Attachiamentum in indice.  
At large, see assize at large in the word assize, and owld nat. br. fo. 105. Verdict at large. Littleton. fo. 98. To vouch at large. owld. nat. br. fo. 108. To make title at large. kitchen. fo. 68 See Bar.  
Attaint (attincta) cometh of the French, as you shall see in the word (attainted) But as it is a substantive, it is used for a writ that lieth after judgement, against a jury that hath given a false verdict in any court of record (be the action real or personal) if the debt or damages surmount the sum of 40. shillings: what the form of the writ is, and how in use it is extended, see Fitzena. br. fol. 105. and the new book of entries, fol. 84. colum. 1. The reason why it is so called, seemeth to be, because the party that obtaineth it, endeavoureth thereby to touch, deprehend, or stain the jury with perjury, by whose verdict he is grieved. What the punishment of this perjury is, or of him that bringeth the writ against the jury, if he fail in his proof, see Glanvile lib. 2. cap. 19 Fitz. nat. br. fol. 109. K. Io. & 110. A. B. C. D. etc. the terms of the law, verb. Attaint. Fortescue cap. 26. Smith de rep. Anglo. lib. 3. cap. 2. and anno 11. H. 7. cap. 21. & an. 23. H. 8. cap. 3. and others. In what diversity of cases this writ is brought, see the Register orig. in Indice.  
Attainted (attinctus) cometh of the French (teindre. i. tingere: the participle whereof is (teinct: i tinctus,) or else of (attaindre. i. assequi, attingere.) It is used in our common law, particularly for such as are found guilty of some crime or offence, and especially of felony or treason. How be it a man is said to be attainted of of disseisin. Westm. 1. cap. 24. & 36. anno 3. Ed. 1. And so it is taken in French likewise (as estre attaint & vayncu en aucun cas) is to be cast in any case. Which maketh me to think that it rather cometh from (attaindre) as we would say in english catched, overtaken, or plainly deprehended. And Britton ca 75. useth the participle (attaint) in the sense that we say (attained unto) A man is attainted by two means: by appearance or by process. Stawnf. pl. cor. fo. 44. Attaynder by by appearance, is by confession, by battelll, or by verdict. idem. fo. 122. Confession whereof attaint groweth, is double: one at the bar before the judges, when the prisoner upon his indictment read, being asked guilty or not guilty, answereth guilty, never putting himself upon the verdict of the jury: the other is before the coroner in sanctuary, where he upon his confession was in former times constrained to abjure the Realm. which kind also of the effect, is called attainder by abjuration. Idem. fo. 182. Attaynder by battle is, when the party appealed by another, and choosing to try the the truth by combat rather than by jury, is vanquished. Idem. fo. 44. Attaynder by verdict is when the prisoner at the bar answering to the indictment not guilty: hath an inquest 〈◊〉 life and death passing upon him and is by their verdict or doom● pronounced guilty. Idem fo. 108. & 192. Attainder by process (otherwise called attainder by default, or attainder by outlagarie) is where a party flieth, and is not found until he have been five times called publicly in the county, and at the last outlawed upon his default. Idem. fol. 44. I find by the same author. fol. 108. that he maketh a difference between attainder and conviction, in these words: And note the diversity between attainder and conviction, etc. And with this agreeth the Statute, anno 34. & 35. H. 8. cap. 14. in ipso principio, and anno 1. Ed. 6. cap. 12. in these words: that then every such offender being duly thereof convicted or attainted, by the laws of this realm, etc. And again, in these words: Every woman that is, or shall fortune to be wife of the person so attainted, convicted, or outlawed, etc. To this you may likewise add the flat. anno 2. & 3. Edw. 6. cap. 33. And I find by Stawnf. pl. cor. fol. 66. that a man by our ancient laws, was said to be convicted presently upon the verdict (guilty) but not to be attainted, until it appeared that he was no clerk: or being a clerk, and demanded of his ordinary, could not purge himself. So that a man was not attainted upon conviction, except he were no Clerk: and, in one word, it appeareth, that attainder is larger than conviction; conviction being only by the jury.  
And attainder is not before judgement, Perkins Graunti. num. 27. 29. Yet it appeareth by Stawnf. fol. 9 that conviction is called attainder sometime. For there he saith, that the verdict of the jury doth either acquit or attaint a man: and so it is, Westm. pr. cap. 14. anno 3. Ed. 1. This ancient law touching the conviction and purgation of Clerks, is altered, by anno 23. Eliz. cap. 2. as you may farther read in Clergy.  
Attainder (Attinctus) though it be most used in matters of felony and treason: yet is it likewise applied to inferior transgressions, as to disseisin, Westm. 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint, and Attainted.  
Attendant (attendens) cometh of the French (attendre. i. demorari, opperiri, expectare, praestolari,) it signifieth in our common law, one that oweth a duty or service to another, or after a sort dependeth of another. For example, there is Lord, mesn, and tenant: the tenant holdeth of the mesn by a penny; the mesn holdeth over by two pence. The mean releaseth to the tenant all the right he hath in the land, and the tenant dieth. His wife shall be endowed of the land, and she shall be attendent to the heir of the third part of the penny, and not of the third part of the two pence. For she shall be endowed of the best possession of her husband. Another hath, Kitchen, fol. 209. in these words: where the wife is endowed by the guardian, she shall be attendant to the guardian, and to the heir at his full age: with whom agreeth Perkins also, in Dower. 424.  
Attorney (atturnatus) cometh of the French (tourner. i. vertere) as, tourner son esprit à fair quelque chose, i. animum ad rem aliquam inclinare.) Thence cometh the participle (tournè. i. versus, conversus,) and the Substantive (tour. i vices, vicissitudo) as, chacun à son tour, i. quilibet sua vice.) It signifieth in our common law, one appointed by another man to do any thing in his stead, as much as (procurator) or (fyndicus) in the civil law, West. part 1. Symbolayogr. lib. 2. sect. 559. defineth it thus: Attorneys be such persons, as by the consent, commandment, or request, do take heed, fee to, and take upon them the charge of other men's business in their absence, by whom they are commanded or requested. And where it seemeth that in ancient time, those of authority in Courts, had it in their arbitrament, whether they would suffer men to appear, or sue by any other than themselves, as is evident, by Fitz. nat. br. fol. 25. in the writ. Dedimus potest atem de atturnato facundo, where it is showed, that men were driven to procure the king's writs or letters parents to appoint Attorneys for them: it is sithence provided by Statutes, that it should be lawful so to do without any such circuit, as by the Statute. anno 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem. stat. 2. an. 12. Ed. 2. 1. anno 15. eiusdem cap. unico. anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. & anno 17. H. 7. cap. 2. is to be proved. And you may see great diversity of writs, in the table of the Regi. origin. wherein the king by his writ commandeth the judges to admit of Attorneys. Whereby there grew at the last so many unskilful Attorneys, and so many mischiefs by them, that provision for restraining them was requisite. Wherefore anno 4. H. 4. cap. 18. it was ordained, that the justices should examine them, and displace the unskilful. And again, anno 33. H. 6. cap. 7. that there should be but a certain number of them in Northfo 〈…〉 and Southfolke. In what cases a man at this day may have an Attorney, and in what not, see F●●. ubisupra. Attorney is either general or special: Attorney general is he, that by general authority is appointed to all our affairs or suits: as the Attorney general of the king. pl. cor. fol. 152. which is as much as (Procurater Caesaris) was in the Roman Empire. Attorney general of the Duke, Cromptons' Iurisd. fol. 105. Attorney special or particular is he, that is employed in one or more causes particularly specified. attorneys general be made after two sorts: either by the king's letters patents before him or the Lord Chancellor, or by our appointment before justices in eyre in open court, Glanvile li. 11. cap. pri. Britton. cap. 126. whom of this thing you may read more at large. There be also in respect of the divers courts, Attorneys at large, and Attorneys special, belonging to this or that court only. The name is borrowed of the normans, as appeareth by the customary, cap. 65. And I find the word (attornati) or as some read (tornati) in the same signification in the title (de statu regularium) ca unico. §. Perrò i. n sexto.) where the gloss saith, that Atturnati dicuntur Procuratores apud acta constituti. Our old Latin word for this seemeth to be (responsalis) Bract. lib. 4. cap. 31. & lib. 5. part 2. cap. 8. and so it is in Scotland at this day, but especially for the Attorney of the defendant, as (prolocutor) is for the persewer. M. Skene de verb. significatione. Responsalis, as Sig●nius witnesseth, in his first book de regno Italy, was in ancient time, the title of the Pope's ambassador, pag. 11.  
Attorney of the court of wards and Liveries (Atturnatus regis in curia Wardorum & Liberaturarun) is the third officer in that Court, who must be a person learned in the laws of the land, being named and assigned by the king. At his admission into the office, he taketh an oath before the Master of the said court, well and truly to serve the king, as his Attorney in all courts, for and concerning any matter or cause, that toucheth the possessions and hereditaments limited to the survey and government of this court, and to procure the king's profit thereof: truly to council the king, and the Master of the Court, in all things concerning the same, to the best of his cunning, wit, and power: and with all speed and diligence from time to time at the calling of the Master, to endeavour himself for the hearing and determination indifferently of such matters & causes, as depend before the Master: not to take any gift or reward in any matter or cause depending in the court, or else where, wherein the king shall be party, whereby the king shall be hurt, hindered, or disinherited: to do to his power, wit, and cunning, all and every thing that appertaineth to his office.  
Attorney of the Court of the Duchy of Lancaster, (Atturnatus curia Ducatus Lancastriae) is the second officer in that Court, and seemeth, for his skill in law; to be there placed as (assessor) to the chancellor of that court, being for the most part, some honourable man, and chosen rather for some especial trust reposed in him to deal between the king and his tenants, then for any great learning, as was usual with the Emperors of Rome, in the choice of their Magistrates.  
Attournment (attornamentum) cometh of the French (tourner. i. vertero) and in our common law, is an yielding of the tenant to a new Lord, or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another, which are in the occupation of a third, cannot get possession: yet see the statute, an. 27. H. 8. cap. 16. The words used in atturnment are set down in Litleton. I agree me to the grant made to you, etc. But the more common atturnment is to say: Sir, I attourn to you by force of the same grant: or, I become your tenant, etc. or else deliver unto the grantee a penny, halfpenny, or farthing, by way of attournment, Litleton lib. 3. cap. Attournment. 10. whom you may read more at large, and find that his definition proceedeth from more law than Logic's because he setteth down divers other cases in the same chapter, whereto attournment appertaineth as properly as unto this. But you may perceive there, that attournment is the transposing of those duties that the tenant ought to his former Lord, unto another, as to his Lord: and also, that attournment is either by word or by act, etc. Also attournment is voluntary, or else compulsory, by the writ termed Per quaeseruitia, Owld. nat. br. fol. 155. or sometime by distress. Fitzh. nat. br. fol. 147. Lastly, attournment may be made to the Lord himself or to his Steward in Court, kitchen. fol. 70. And there is attournment in deed, and attournment in law. Coke vol. 6. fo. 113. a. Attournment in law, is an act, which though it be no express attournment, yet in intendment of law is all one.  
(Atturnato faciendo vel vecipiendo) is a writ which a man oweing suit to a county, hundred, weapon take, or other court, and desiring to make an attorney, to appear for him at the same court, whom he doubteth whether the shreeve or bailiff will admit or not for his Attorney there, purchaseth, to command him to receive such a man for his attorney, and admit his appearance by him. The form and other circumstances whereof, see in Fitzh. nat. br. foe 156.  
Audiendo & terminando, is a writ, but more properly termed a commission, directed to certain persons, when as any great assembly, insurrection, or heinous demeanour or trespass is committed in any place, for the appeasing, and punishment thereof. which you may read at large, in Fitzh. nat. br. fo. 110. See also oyer & terminer.  
Andience court (Curia audientiae Cantuariensis) is a court belonging to the Archbishop of Canterbury, of equal authority with the Arches court, though inferior both in dignity and antiquity. The original of this court was, because the Archeb. of Canterbury heard many causes extra judicially at home in his own palace, in which, before he would finally determine any thing, he did usually commit them to be discussed by certain learned men in the civil & canon laws, whom thereupon be termed his auditors. And so in time it grew to one especial man, who at this day is called (Causarum negotiorumque audientiae Cantuariensis auditor seu officialis. And with this office hath heretofore commonly been joined the Chancelership of the Archbishop, who meddleth not in any point of contentious jurisdiction, that is, desciding of causes between party and party (except such as are ventilated pro forma only, as the confirmation of bishop's elections, or such like) but only of office, and especially such as are voluntariae jurisdictionis, as the granting of the custody of the spiritualties, during the vacation of bishoprics, Institutions to benefices, dispensing with banes of matrimony, and such like. But this is now distinguished in person from the Audience. Of this Audience court, you may read more in the book, entitled De antiquitate ecclasiae Brittannicae historia.  
Audita querela, is a writ, that lieth against him, who having taken the bond called (statute Merchant) of another, and craving or having obtained execution of the same at the Mayor & Bailiffs hands, before whom it was entered, at the complaint of the party who entered the same, upon suggestion of some just cause why execution should not be granted; as a release, or other exception. This writ is granted by the Chancellor of England, upon view of the exception suggested, to the justices of the common bank, or of the King's bench, willing them to grant summons to the Shyrecue of the county, where the creditor is, for his appearance at a certain day before them. See more in owld. nat. br. fo. 66. and Fitzh. nat. br. fo. 102.  
Auditor (auditor) cometh of the French (auditeur) and in our law, signifieth an officer of the king, or some other great parsonage, which yearly by examining the accounts of all under officers accountable, maketh up a general book, that showeth the difference between their receipts or burden, and their allowances, commonly called (allocations): as namely, the auditors of the exchequer, take the accounts of those receivers, which receive the revenues of the augmentation: as also of the Shyrceves, escheatours, collectors, and customers, and set them down and perfect them. Him that will read more of this, I refer to the Statut. anno. 33. H. 8. c. 33.  
Auditors of the priests, are also officers in the exchequer, that do take and make up the great accounts of Ireland, Berwick, the mint, & of any money imprested to any man.  
Auditor of the receipts, is an officer of the exchequer, that fileth the Tellers bills, and maketh an entry of them, and giveth to the Lord Treasurer a certificate of the money received the week before. He maketh also (Debenturs) to every Teller, before they pay any money, & taketh their accounts. He keepeth the black book of the receipts, and the Treasurer's key of the treasury; and seeth every Tellers moneys locked up in the new treasury.  
Adventure. is a mischance, causing the death of a man without felony: as when he is suddenly drowned, or burnt, by any sudden disease falling into the water or fire. Britton. ca 7. where you may see, what it differeth from Misadventure. See Misadventure.  
Average (averagium) by M. Skins opinion (verbo arage) de verborum significatione, cometh of the word (averia.) i. a beast, and so consequently signifieth service which the tenant oweth to to the Lord, by horse or carriage of horse. I have heard others probably derive it from the French (evurage) or (evure. i. opus.) It seemeth with us to have two divers significations; for the first, Rastall. titulo Exposition of words. maketh mention of the King's averages, which I take to be the king's carriages by horse or cart. Then. anno. 32. H. 8. ca 14. and anno. 1. jacobi, ca 32. it is used for a certain contribution that merchants and others do every man proportionably make toward their losses; who have their goods cast into the sea for the safeguard of the ship, or of the goods and lives of them in the ship in time of a tempest. And this contribution seemeth to be so called, because it is proportioned, after the rate of every man's average or goods carried.  
Averijs captis in withernam, is a writ for the taking of cattles to his use, that hath his cattles taken unlawfully by another, and driven out of the county where they weretaken, that they cannot be replevied. Register. original. fo. 82. a. b. See Withernam.  
Averment (verificatio) cometh from the French (averer. i. testari) as averer quelque meschancete. i. extrahere scelus aliquod in lucem ex occultis tenebris. It signifieth (according to the author of the terms of law) an offer of the defendant to make good, or to justify and exception pleaded in abatement or bar of the plaintiffs action. But me thinketh it should rather signify the act, than the offer of justifying the exception, by divers places where I find it used. For example. an 34. Ed. 1 stat. 2. And the demandant will offer to aver by the assize or jury. where to offer to aver and to aver must needs differ: and again in the same staint. and the demandant will offer to aver by the country, etc. thirdly in the english nat. br. fo. 57 These errors shall be tried by averment, etc.  
Averpennie (quasi Averago penny,) is money contributed toward the King's averages. Rastall exposition of words. See Average.  
Augmentation (augmentatio) was the name of a court, erected the 27 year of H. 8. as appeareth by the 27. chapter of that years parliament. And the end thereof was, that the king might be justly dealt with touching the profits of such religious houses and their lands, as wear given unto him by an act of parliament the same year not printed. For the dissolving of which court, there was authority given to Queen Mary, by the parliament held the first year of her reign. ses. 2. ca 10. which she afterward put in execution by her letters patents. The name of the court grew from this, that the revenues of the crown were augmented so much by the suppression of the said houses, as the king reserved unto the crown, and neither gave nor sold away to others.  
Aulne of Rhenish wine. a. 1. Ed. 6. ca 13. alias, Awme of Rhenish wine. 1. laco. ca 33. is a vessel that containeth 40. gallons.  
Aulnegeowr. See Alneger.  
Avo, is the name of a writ for the which see (Ayle).  
Awncell weight, as I have been informed, is a kind of weight with scoles hanging, or hooks fastened at each end of a staff, which a man lifteth up upon his forefinger, or hand and so discerneth the equality or difference between the weight and the thing weighed. In which, because there may, and was wont to be great deceit, it was forbidden. anno. 25. Ed. 3. stat. 5. ca 9 & anno. 34. eiusdem. ca 5. and the even balance only commanded, yet a man of good credit, once certified me, that it is still used in leaden hall at London among butchers etc. In the derivation of this word, I dare not be over confident. But it may probably be thought to be called (awnsell weight, quasi hand sale weight) because it was and is performed by the hand, as the otheris by the beam. And if I should draw it from the greek, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. cubitus. the part of the arm from the elbow to the fingers ends, I might challenge a good warrant of this from the romans; who thence derived their (ancile). i. the lucky shield, that was said to be sent from heaven in a tempest to Numa Pompilius, together with a voice, that the city of Rome should be the mightiest of all others, so long as that shield remained in it.  
Ancient, d 〈…〉, (antiquum dominicum) is called (more at large ancient demeasn of the king or of the crown. Fazb. nat. brifo. 14. d. It cometh of 2. French words (auncien. 1. veter, vetus, veteranus, antiquus) and of (demain, alias domaire. i. publicum vectigal) It signifieth in our common law, a certain tenure, whereby all the manners belonging to the crown, in the days of Saint Edward the Saxon king, or of William the conqueror, did hold. The number & names of which manners, as all other, belonging to common persons, he caused to be written into a book, after a survey made of them, now remaining in the exchequer, and called Domes day look. And those, which by that book do appear, to have belonged to the crown at that time, and at 〈◊〉 contained under the title (Terrae regis) be called ancient demeasn. kitchen. foe 98. and M. Gwin. in the preface to his readings. Of these tenants there were two sorts, one that held their land frankly, by charter, and another that held by copy of court roll, or by verge, at the will of the Lord, according to the custom of the manner. Fitzh. nat. br. fo. 14. d. of which opinion also Brittonis, ca 66. nu. 8. The benefit of this tenure, consisteth in these points; first, the tenants of a manner holding freely by charter in this sort, cannot be impleaded, out of the same manner: and if they be, they may abate the writ, by pleading their tenure before or after answer made. Secondly, they be free of tolle for all things concerning their sustenance & husbandry. Thirdly, they may not be empaneled upon any inquest. Terms of the law. but more at large by Fitzh. nat. br. fo. 14. d. whom read, as also fo. 128. a. etc. And as it appeareth by him. eodem. fo. 4. B. C. these tenants held by the service of ploughing the king's land, by plashing his hedges, or by such like, toward the maintenance of the king's household; in which regard they had such liberties given them, wherein, to avoid disturbance, they may have writs to such as take the duties of tolle in any market or feire; as likewise for immunity of portage, passage, & such like. Fitzh. nat. br. f. 228. A. B. C. D. by which author it also appeareth, that no lands be to be accounted ancient demeasn, but such as are holden in socage. fo. 13. D. et. 14. B. C. See Monstraverunt, and Firtzh. fo. 14. and Dessendo quietum de telonio. fo. 226. Fleta maketh three tenors holding of the crown: ancient demeasn, by escheat, & by purchase. li. 1. ca 20. See demain.  
Ancient Demesn arere (antiquum dominicum àretro) is that ancient demesn, which the king granteth over to hold of a manner. kitchen. fo. 67. b.  
Avowè (advocatus) see Advowè. Britton saith that Avowè is he, to whom the right of advowzen of any Church appertaineth, so that he may present thereunto in his own name, and is called avowè for a difference from those, that sometime present in another man's name: as a guardian that presenteth in the name of his ward, and for a difference also from them, which have the lands whereunto an advowzen appertaineth, but only for term of their lives, or of years, or by intrusion or desseisin. ca 92.  
avowry. See Advowrie.  
Avoir de pois, is in true French (avoir du poix. i. habere pondus, aut justi esse ponderis) It signifieth in our common law, two things: first, a kind of weight diverse from that, which is called Troy weight containing but 12. ounces to the pound, where as this containeth sixteen. And in this respect it may be probably conjectured, that it is so called, because it is of more weight than the other. Then also it signifieth such merchandise, as are weighed by this weight, and not by Troy weight. as in the statute of York anno 9 Ed. 3. in prooem. anno. 27. Ed. 3. Statuto 2 ca 10. at anno. 2 Rich. 2. cap. 1. See Weights.  
Auxilium ad filium militem faciendum, & filiam maritandam, is a writ directed to the shreeve of every county, where the king or other lord hath any tenants, to levy of them reasonable aid toward the knighting of his son, and the marriage of his daughter. See Aid, and Fitz. nat. br. fol. 82.   

B  
Bachelor (Bachalaureus) cometh of the French (Bachalier. i. tyro) and thereupon I think, those that be called Bachelors of the Companies in London, be such of each company, as be springing toward the estate of those that be employed in Council, but as yet are inferiors. For every company of the twelve, consisteth of a Master, two Wardens, the Livery, which are assistants in matter of Council, or at the least, such as the Assistants be chosen out of, and the Bachelors, which are yet but in expectance of dignity among them, and have their function only in attendance upon the Master and Wardens. I have read in an old monument, this word Bachelor, attributed to the Lord Admiral of England, if he be under a Baron, in French words to this effect: and it is to weet, that when the Admiral rideth to assemble a snip of war, or other, for the business and affairs of the Realm, if he be a Bachelor, he shall take for his day wages, 4. 〈◊〉. sterling: if he be an Earl or Baron, he shall take wages after the rate of his estate and degree. This word is used, anno 13. R. 2. stat. 2. cap. i. & signifieth as much as Bachelor Knight doth, anno 3. Ed. 4. cap. 5. that is, a simple Knight, not a Knight baneret. See Banaret. Touching the farther etymology of this word, Bachalarii, teste Renano, à bacillo nominati sunt, quia primi studii authoritatem, quae per exhibitionem baculi concedebatur, iam consecuti fuissent. Vt fuerit velut quoddam mancipationis signum in huiusmodi aliquod studium baculi traditio. Alciat writeth the word (baccalaurei, eosque dicit visos à bacca laurea nomen sumpsisse. in l. cui praecipua 57 Π. de verbo. significa.  
Backberond. is a Saxon word. and almost English at this day, signifying as much as bearing upon the back, or about a man. Bracton useth it for a sign or circumstance of manifest theft, which the Civilians call, furtum manifestum. For dividing (furtum, in manifestum, & non manifestum) he defineth (furtum manifestum) in this sort: Furtum verò manifestum est, ubi latro deprehensus est seisitus de aliquo latrocinio: sc. hand habend & backberend, & insecutus fuerit per aliquem cuius res illa fuerit. li. 3 tract. 2. cap. 32. Master Manwood in the second part of his forest laws, noteth it for one of the 4. circumstances or cases, wherein a Forester may arrest the body of an offender against vert or venison in the Forest. For by the assize of the Forest of Lancaster (saith he) taken with the manner is, when one is found in the king's Forest in any of these four degrees: sc. stable stand, dog draw, back bear, and bloody hand. In which place you may find all these interpreted.  
Badger, cometh of the French (baggage, i. sarcina, impedimentum,) It signifieth with us, one that buyeth corn or victuals in one place, and carrieth it into another. See Cromptons' justice of peace, fol. 69. & 70.  
Bay or pen is a pond head made up of a great heith, to keep in a great quantity or store of water, so that the wheels of the furnace or hammer belonging to an Iron mill, may stand under them, and be driven by the water coming out of them by a passage or flud-gate (called the penstocke) and falling upon the said wheels. This word is mentioned in the statute, anno 27. El. cap. 19  
Bail (Ballium, plevina, manucaptio) cometh of the French (bailler, i. attribuere, tradere, tribuere.) It is used in our common law, properly for the freeing or setting at liberty of one arrested or imprisoned upon action either civil or criminal, under surety taken for his appearance at a day and place certainly assigned. Bracton lib. 3. tract. 2. cap. 8. num. 8. & 9 The reason why it is called Bail, is, because by this means the party restrained, is delivered into the hands of those that bind themselves for his forthcoming. There is both common and special bail. Common bail, is in actions of small prejudice, or flight proof: being called common, because any sureties in that case are taken: whereas upon causes of greater weight or apparent specialty, special bail or surety must be taken: as subsidy men at the least, and they according to the value. Master Manwood in his first part of Forest laws, pag. 167 maketh a great difference between bail and mainprize, in these words: and note that there is a great diversity between bail and mainprize. For he that is mainprised, is always said to be at large, and to go at his own liberty out of ward, after that he is let to mainprize, until the day of his appearance, by reason of the said common summons or otherwise. But otherwise it is, where a man is let to bail, by four or two men, by the Lord chief justice in eyre of the Forest, until. a certain day. For there he is always accounted by the law, to be in their ward and custody for the time. And they may, if they will, keep him in ward or in prison at that time, or otherwise at their will. So that he which is so bailed, shall not be said, by the law, to be at large, or at his own liberty. See Lamberds eirenarcha. lib. 3. cap. 2. pag. 330. bail, is also a certain limit within the forest, accordingly as the Forest is divided into the charges of several Foresters. Crompton in the oath of the bow-bearer, fol. 201. See mainprize.  
Bailiff (ballivus) cometh of the French (bailif. i diaecetes, nomarcha, praefectus Provinciae) and as the name, so the office itself, in ancient time, was very answerable to that of France and Normandy: for as in France there be sixteen Parliaments, (Lupanus de Magistratibus Francorum, lib. 2. cap. Parlamentum) which be high courts, whence lieth no appeal: & within the preeincts of those several parts of that kingdom, that belong to each Parliament, there be several provinces, unto which, within themselves, justice is ministered by certain officers called bailiffs: so in England we see many several counties or shires, within the which justice hath been ministered to the inhabitants of each county, by the officer whom we now call Shyreeve or Viscount (one name descending from the Saxons, the other from the Normans.) And though I cannot expressly prove, that this shreeve was ever called a bailiff: yet is it probable, that that was one of his names likewise, because the county is called many times (balliva) that is a bailiwick: as namely, in the return of a writ with (non est inventus,) he writeth thus: (A. S. infra scriptus, non est inventus in balliva mea, post receptionem huius brevis) Kitchen returna brevium. fol. 258. and again in Bracton, lib. 3. tract. 2. cap. 33. num. 3. and anno 5. Eliz. cap. 23. and anno 14. Ed. 3. stat. 1. cap. 6. And I think the word (bailiff) used cap. 28. of Magna charta, compriseth as well shreeves, as bailiffs of hundreds: as also anno 14. Ed. 3. stat. 1. cap. 9 But as the realm is divided into Counties: so every County is again divided into hundreds, within the which it is manifest, that in ancient times, the king's subjects had justice ministered unto them, by the several officers of every hundred, which were called bailiffs, as those officers were and are in France and Normandy, being chief officers of justice within every Province. Lupanus de Magistratibus Francorum, lib. 2. cap. Balivi. and the grand custumary of Normandy, cap. 1. And that this is true among many others, I bring Bracton for my witness, li. 3. tract. 2. cap. 34. n. 5. where it appeareth that bailiffs of hundreds might hold plea of appeal and approvers. But sithence that time, these hundred courts (certain franchises excepted) are by the statute anno 14. Ed. 3. stat. 1. cap. 9 swallowed into the County courts, as you may read in county and hundred. And the Bailiffs name & office is grown into such contempt, at the least, these bailiffs of hundreds, that they are now but bare messengers and mandataries within their liberties to serve writs, and such like base offices: their office consisting in 3. points only, which see in Cromptons' justice of peace, fol. 49. a. Yet is the name still in good esteem some other way. For the chief Magistrates in divers towns corporate be called Bailiffs, as in Ipsewitch, Yarmouth, Colchester, and such like. And again, there be certain, to whom the king's castles be committed, which are called Bailiffs, as the Bailiff of Dover castle.  
These ordinary bailiffs are of two sorts: bailiffs errant, and bailiffs of franchises. Bailiffs errant (ballivi it inerantes) be those which the shreeve maketh, and appointeth to go hither & thither in the county to serve writs, to summon the county, sessions, assizes, and such like. Bailiffs of franchises (ballivi franchesiarum aut libertatum) be those, that are appointed by every lord within his liberty, to do such offices within his precincts, as the bailiff errant doth at large in the county. Of these read S. Thomas Smith, de repub. Anglo. li. 2. ca 16. There be also bailiffs of the forest. Manwood part 1. pa. 113. There be likewise bailiffs of husbandry, belonging to private men of great substance, who seem to be so called, because they dispose of the under servants every man to his labour and task, check them for misdoing their buisenes, gather the profits of their lord and master, and deliver an account for the same at the years end, or otherwise as it shallbe called for. The word bailiff or balivus, is by Rebuffus derived from (Baal. i. dominus, quia ballivi dominantur suis subditis, quasi eorum magistri & domini. Rebuf. in constitut. regias. de senten. executionis. art. 7. glos. 1. The office or duty of a bailiff of a manner or household (which in ancient time seemeth to have been all one) Fleta well describeth, li. 2. ca 72. & 73. This word is also used in the canon law, ca dilect●. de sentent. excom. in sexto. & ca pri. de poenis in clement. where the glossographer saith, it is a French word, signifying as much as (praepositus) & (balias) or (balivatus) is used among our later interpreters of the civil & canon law, for provincia, as balliva here in England, is used for a county or shire.  
Balkers See Conders.  
Ballivo amovendo, is a writ to remove a bailiff out of his office, for want of sufficient living with in his bailiwick. Reg. orig. f. 178.  
Bane, seemeth to signify the destruction or overthrow of any thing. Bracton. li. 2. tracta. 2. ca 1. nu. 1. as he which is the cause of of another man's drowning, is said there to be la bane. i. malefactor. In that Bracton, in the place aforesaid, prefixeth a French article to this word, it should seem by his opinion, that the word is French, but I find it not in any French writer that ever I read.  
Baneret (banerettus) in M. Skins opinion, seemeth to be compounded of (banner) and (rent) whom read more at large of this, verbo. Baneret. de verbo. signi. but our M. Camden, rather draweth the word from the Germane (bannerheires. Briton. pae. 109. in meo libro. S. Thomas Smith de repub. Auglo. li. 1. ca 18. saith, that baveret is a Knight made in the field, with the ceremony of cutting of the point of his standard, and making it, as it were, a banner. And they being before bachelors, are now of greater degree, allowed to display their arms in a banner in the King's army, as barons do. M. Camden ubi supra, hath these words of this matter, Baneretti, cum vasallorum nomen iam desierat, a baronibus secundi erant: quibus inditum nomen a vexillo. Concessum illis erat militaris virtutis ergo, quadrato vexillo (perinde ac barones) uti. unde & equites vexillarii a nonnullis vocantur, etc. Of creating a knight baneret, you may read farther, in M. Segar. Norrey his book. li. 2. ca 10. That they be next to barons in dignity, it appeareth by the statut. an. 14. R. 2. c. 11. & by anno. 5. R. 2. stat. 2. ca 4. it may be probably conjectured, that they were anciently called by summons to the court of parliament. and anno. 13. R. 2. stat. 2. ca 1. we find, that a baneret for praying a pardon for a murderer, contrary to that statut, is subject to all one punishment with a baron. johan: Gregorius Tholosanus. li. 6. ca 10. sui syntagmatis. nu. 9 hath these words: In Gallia sunt duae species affines nobilium & feudorum, quas dicunt de benneretz & barons. Benneretus iure suae dignitatis, antequam talis dici mereatur, nobilis esse debet genere, in quarto gradu, possidens in ditione decem scutarios bachalarios armorum: id est, decem vasallos habens sufficiens patrimonium, quo possit secum ducere quatuor aut quinque nobiles comites continuos, cum equitibus duodecim aut sexdecim. Fit autem Benneretus, cum princeps huiusmodi personae concedit vexilli ius, & ex vexillo peditum in acie, vel extra, die solenni, sacris peractis, admit acumina. Vocant la queve de pennon, fitque labarum, id est, equitum vexillum, vocant cornette eumque equitem facit, si iam non est. Quòd si ditior his fiat benneretus, & habet unam benneretam, aut sex equites bachalarios, qui possideant singuli in censum sexcentas libras ex eius ditione seu feudo, tunc possunt ex licentia principis, baronis nomen sibi adsciscere.  
Bans (bannus vel bannum) signifieth a public notice given of any thing. The word is ordinary among the feudists, and grown from them to other uses: as to that which we here in England call a proclamation, whereby any thing is publicly commanded or forbidden. Vincentius de Franchis. descis. 521. & 360. Hotoman verbo bannus, in verbis fendalibus saith that there is both (bamnus) and (bannum) and that they signify two diverse things. His words are these: Bannus sive bannum duo significat: Edictum, qua die vasalli equis armisque instructi, ad comitatum adesse debent: & sanctionem, hoc est, mulctam edicto non parentis. which he confirmeth by diverse authorities. This word (bans) we use here in England, especially in the publishing of matrimonial contracts in the church, before marriage, to the end that if any man can say against the intention of the parties, either in respect of kindred or otherwise, they may take their exception in time. And in the canon law, Banna, sunt proclamationes sponsi & sponsae in ecclesijs fieri solitae. ca 27. extra de sponsal. & ca ult. qui matrimonium. accus. pos. & ca vlt de clan. despons. Yet our word (banning) seemeth to come thence, being nothing but an exclamation of another. Only Bracton, once maketh mention of bannus regis, for a proclamation, or silence made by the crier, before the congress of the champions in a combat. li. 3 tracta. 2. ca 21.  
Bank (bancus) cometh of the French (banque. i. mensa) In our common law, it is most usually taken for a seat or bench of judgement, as bank leroy the king's bench. bank de common pleas: the bench of common pleas, or the common bench. kitchen. foe 102. called also in latin bancus regius, & bancus communium placitorum. Crompt. juris. fo. 67. & 91. Camden in his Britannia. pa. 112. & 113. in meo. calleth them also bancum regium & bancum communem. See frank bank.  
Bankrupt, (alias bankrowte.) cometh of the french (banque rout) and (fair banqueroute) with the French, is as much as (foro cedere, sol●● vetere) with the Romans. The composition of the French word I take to be this (banque. i. monsa) & (rout. i. vestigium) metaphorically taken from the sign left in the earth, of a table once fastened unto it, & now taken away. So that the original seemeh to have sprung from those Roman (mensary) which (as appeareth by many wrighters) had their (tabernas & mensas) in certain public places, whereof, when they were disposed to fly, & deceive men that had put them in trust with their moneys, they left but the signs or carcases behind them. I know that others of good learning (and M. Skene for one) bring this (a banco rupto) but the French word worketh in me this other opinion, for after their sense, the French should rather be banque rompu. Bankrupt with us signifieth him or his act, that having gotten other men's goods into his hands, hideth himself in places unknown, or in his own private house, not minding to pay or restore to his creditors their duties. anno. 34. H. 8. ca 4. where the french phrase (fair banque rout) is translated to the word, to make bankrupt. A bankrupt, anno. 1. jacobi. ca 15. is thus described: All and every such person and persons, using, or that shall use the trade of merchandise, by way of bargaining, exchange, bartrey, chevisance, or otherwise in gross, or by seeking his, her, or their trade of living by buying and selling, and being a subject borne of this Realm, or any the kings dominions, or denizen, who at any time since the first day of this present parliament, or at any time hereafter, shall depart the Realm, or begin to keep his or her house or houses, or otherwise to absent him or herself, or take sanctuary, or suffer him or herself willingly to be arrested for any debt or other thing, not grown or due for money delivered, wares sold, or any other just or lawful cause, or good consideration or purposes, or hath or will suffer him or herself to be outlawed, or yield him or herself to prison, or willingly or fraudulently hath or shall procure him or herself to be arrested, or his or her goods, money, or chatels to be attached or sequestered, or depart from his or her dwelling house, or make, or cause to be made any fraudulent grant or conveyance of his, her, or their lands, tenements, goods or chatels, to the intent or whereby his, her, or their creditors being subjects borne, as aforesaid, shall or may be defeated or delayed forth recovery of their just and true dept: or being arrested for debt, shall after his other arrest, lie in prison fix months or more, upon that arrest, or any other arrest or detention in prison for debt, and lie in prison six months upon such arrest or detention, shall be accounted and adjudged a bankrupt to all intents and purposes.  
Banishment (exilium, abiuratio) cometh of the French (bannissement) and hath a signification known to every man. But there be two kinds of banishments in England: one voluntary and upon oath, whereof you may read (Abjuration:) the other upon compulsion for some offence of crime: as if a layman succour him that, having taken sanctuary for an offence, obstinately refuseth to abjure the realm, he shall lose his life and member: if a Clerk do so, he shall be banished, Stawnf. pl. cor. fol. 117. This punishment is also of our modern Civilians called (bannimentum) which was anciently termed (deportatio) if it were perpetual, or (relegatio in insulam,) if for a time. Vincentius de Franchis. Petrus de Belluga in suo speculo. fol. 125. num. 4.  
Barbaries (Oxyeantha) is a thorny shrub known to most men to bear a berry or fruit of a sharp taste. These berries (as also the leaves of the said tree) be medicinable, as Gerara in his herbal showeth, lib. 3. cap. 21. You find them mentioned among drugs to be garbled, anno 1. jacob. cap. 19  
Bard, aliâs, Beard. See Clack.  
Bargain and sale, as it seemeth by West. part. 1. symb. lib. 2. sect. 436. is properly a contract made of manners, lands, tenements, hereditaments, and other things, transferring the property thereof from the bargainer to the barganee. But the author of the new terms of law addeth, that it ought to be for money: saying farther, that this is a good contract for land, etc. and that fee-simple passeth thereby, though it be not said in the deed (To have and to hold the land to him and to his heirs,) and though there be no livery and seisin made by the seller, so it be by deed indented, sealed, and enroled, either in the County where the land lieth, or within one of the king's courts of Records at Westminster, within six months after the date of the deed indented, anno 27. H. 8. cap. 16.  
Barkarie (Barkaria) is a heath house. New book of Entries, titulo. Assize corp. polit. 2. Some call it a tan house.  
Baron (Baro) is a French word, and hath divers significations here in England. First, it is taken for a degree of Nobility next unto a Viscount. Bracton. lib. 1. cap. 8. num. 4. where he saith, they be called Barones, quasi robur belli. And in this signification it is borrowed from other nations, with whom Baroniae be as much as Provinciae. Petrus Belluga in speculo princip. fol. 119. So Barones be such, as have the government of Provinces, as their fee holden of the king: some having greater, some lesser authority within their territories, as appeareth by Vincentius de Franchis in divers of his desceisions, and others. Yet it may probably be thought, that of old times here in England all they were called Barons that had such signiories, as we now call court-barons, as they be at this day called Signior in France, that have any such manor or lordship. Yea, I have heard by men very learned in our Antiquities, that near after the conquest, all such came to the Parliament, and sat as Nobles in the upper house. But when by experience it appeared, that the Parliament was too much pestered with such multitudes: it grew to a custom, that none should come but such, as the king, for their extraordinary wisdom or quality, thought good to call by writ; which writ ran (hac vice tantùm.) After that again men seeing this estate of Nobility to be but casual, and to depend merely upon the Prince's pleasure, they sought a more certain hold, and obtained of the King, letters patents of this dignity to them and their heirs male. And these were called Barons by letters patents or by creation: whose posterity, be now by inheritance and true descent of Nobility, those Barons that be called Lords of the Parliament: of which kind the king may create more at his pleasure. It is thought nevertheless, that there are yet Barons by writ, as well as Barons by letters patents, and that they may be discerned by their titles: because the Barons by writ are those, that to the title of Lord have their own surnames annexed, as Compton, North, Norice, etc. whereas the Barons by letters patents, are named by their Baronies. These Barons which were first by writ, may now justly also be called Barons by prescription, for that they have continued Barons in themselves and their ancestors time, beyond the memory of man. The original of Barons by writ Master Camden in his Britannia pag. 109. in meo. referreth to Henry the third Barons by letters patents or creation, (as I have heard among our Antiquaries) were first created about the days of Henry the sixth▪ the manner of whose creation read in Master Stows Annals, pag. 1121. Of all these you may also read Master Ferui glory of Generosity, pa. 125 & 126. And see M. Skene de ver. signif. verb. Baro. with Sir Thomas Smith, lib. 1. de rep. Anglor. cap. 17. who saith, that none in England is created Baron, except he can dispend a thousand pound by year, or a thousand marks at the least. To these former, Master Seager (by office) Norrey, lib. 4. cap. 13. of Honour civil and military, addeth athird kind of Baron, calling them barons by tenure, and those be the Bishops of the land: all which by virtue of baronries annexed to their bishoprics, have always had place in the upper house of Parliament, and are termed by the name of Lords spiritual.  
Baron in the next signification is an Officer: as barons of the Exchequer be to the king: of which the principal is called Lord chief Baron (capitalis Baro) and the three other (for so many there be) are his assistants in causes of justice, between the king and his subjects, touching causes appertaining to the Exchequer.  
The Lord chief Baron at this day, is the chief judge of the court, and in matter of law, information, and plea, answereth the bar, and giveth order for judgement thereupon. He alone in the term time doth sit upon Nisi prius, that come out of the King's Remembrancers office, or out of the office of the clerk of of the please, which cannot be dispatched in the mornings for want of time. He taketh recognizances for the King's debts, for appearances, and observing of orders. He taketh the presentation of all the officers in court under himself, and of the Mayor of London, and seeth the King's Remembrancer to give them their oaths. He taketh the declaration of certain receivers accounts of the lands of the late augmentation, made before him by the Auditors of the shires. He giveth the two parcel makers places by virtue of his office.  
The second Baron in the absence of the Lord chief baron, answereth the bar in matters aforesaid: he also taketh recognizances for the king's debts, apparences, and observing of orders. He giveth yearly the oath to the late Mayor and escheatour of London for the true account of the profits of his office. He taketh a declaration of certain receivers accounts. He also examineth the letters and sums of such shreeves foreign accounts, as also the accounts of Escheatours and Collectors of Subsidies and Fifteen, as are brought unto him by the auditors of the Court.  
The third Baron, in the absence of the other two, answereth the bar in matters aforesaid, he also taketh recognizances, as aforesaid. He giveth yearly the oath of the late Mayor and gawger of London for his true accounting. He also taketh a declaration of certain receivers accounts: and examineth the letters and sums of such of the former accountants, as are brought unto him.  
The fourth barons is always a coursetour of the court, and hath been chosen of some one of the clerks in the remembrancers offices, or of the clerk of the pipes office. He at the days of prefixion, taketh oath of all high shyreeus and their undershyreeves, and of all escheatours, bailiffs, and other accountants, for their true accounting. He taketh the oath of all collectors, controllers, surveyors and searchers of the custom houses, that they have made true entrances in their books. He apposeth all shreeves vyon their summons of the pipe in open court. He informeth the rest of the Barons, of the course of the court in any matter that concerneth the king's prerogative. He likewise, as the other Barons, taketh the declaration of certain receivers accounts: and examineth the letters and sums of such of the former accountants, as are brought unto him.  
These barons of the exchequer, areauncient officers for I find them named, westm. 2. ca 11. anno. 13. Ed. 1. and they be called barons, because barons of the realm were wont to be employed in that office. Fleta. li. 2. ca 24. S. Thomas Smith saith of them, that their office is to look to the accounts of the Prince: and to that end they have auditors under them: as also to descide all causes, appertaining to the King's profits, coming into the exchequer by any means. This is in part also proved, by the statut anno. 20. Ed. 3. ca 2. &. anno. 27. eiusdem. stat. 2. ca 18. & anno. 5. R. 2. stat. 1. ca 9 & 12. & anno. 14. eiusd ca 1●. And hereupon they be of late, men learned in the common law of the realm: whereas in ancient times, they were others: viz. maiores & discretiores in regno, sive de clero essent, sive de curea. Ockam in his lucubrations de fisci regij ratione. Horn in his mirror of justices saith, that barons were wont to be two, and they Knights. ca De la place del Exchequer.  
Then be there in this signification, Barons of the Cinque ports. anno. 31. Ed. 3. stat. 2. ca 2. et anno. 33. H 8. ca 10. which are two of every of the seven towns, Hastings, Winchelsey, Ry, Rumney, Hithe, Dover, & Sandwiche, that have places in the lower house of Parliament. Cromptons' iurisd. fo. 28. Baron in the the third signification, is used for the husband in relation to his wife: which is so ordinary in all our law writers, that wright in french, as it were superfluous to confirm it by any one.  
Baronet. I read this word, anno. 13. R. 2. stat. 2. ca 1. but I hold it falsely printed for Baneret, or else to signify all one with it.  
Baronye (baronia, baronagium) is the fee of a baron. In which account are not only the fees of temporal Barons, but of Bishops also: who have two respects: one, as they are spiritual men, without possessions, as was the tribe of Levy among the Israelites, being sustained by the only first fruits and tenths of the other tribes. joshua. ca 13. versue. 14. The other respect they have, groweth from the bounty of our english Kings, whereby they have baronies at the least, & are thereby Barons or Lords of the Parliament. This barony (as Bracton saith, li. 2. ca 34. is a right indivisible: and therefore if an inheritance be to be divided among coparceners: though some capital messages may be divided: yet, si capitale messuagium sit caput Comitatus, vel caput Baroniae, he saith they may not be parceled, The reason is, ne sic caput per plures particul as dividatur, & plura iura comitatuum & baroniarum deveniant ad nihilum: per quod deficiat Regnum, quod ex Comitatibus & Baronies dicitur esse constitutum.  
Bar (barra) cometh of the French (bar) or barriere (. i. repagalum, obex, vectis) It is used in our common law, for a peremptory exception against a demand or plaint: and is by the author of the Terms of law, defined to be a plea brought by the defendant in an action, that destroyeth the action of the plaintiff for ever. It is divided into a bar to common intent, and a bar special. Abarte to a common intendment, is an ordinary or general bar, that ordinarily disableth the declaration or plea of the plaintiff: a bar special is that, which is more than ordinary, & falleth out in the case in hand or question, upon some special circumstance of the fact. Plowden. casu Colthirst. fo. 26. a. b. For example, an executor being sued for his testators debt, pleadeth that he had no goods left in his hands, at the day when the writ was purchased or taken out against him. This is a good bar to common intendment, or (prima sacie) But yet the case may so fall out, that more goods might come to his hands since that time: which if the plaintiff can show by way of replication, then excep the have a more especial plea or bar to allege, he is to be condemned in the action. See also Plowden in the case aofre named. fo. 28. a. b. and Brooke. titulo. Bar. nu. 101. & kitchen. foe 215. Bar also in the same signification, is divided into bar material, and bar at large. kitchen. fo. 68 A bar material (as it seemeth) may otherwise be called a bar special: as when one in the stop of the plaintiffs action, pleadeth some particular matter, as a descent from him that was the undoubted owner, a feoffment made by the ancestor of the plaintiff, or such like. A bar at large is, when the tenant or defendant by way of exception, doth not traverse the plaintiffs title by pleading not guilty, nor confess and avoid it, but only maketh to himself a title in his bar. As if in an Assize of novel disseisin, the tenant plead a feosment of a stranger unto him, and gives but a colour only to the plaintiff. Of this there is an apt example to be found. 5. H. 7. foe 29.  
Bar, is also in regard of the effect, divided into bar perpetual & bar pro tempore. Perpetual is that, which overthroweth the action for ever. Bar pro tempore is that, which is good for the present, and may fail hereafter: look an example or two in Broke titulo. Bar. nu. 23. where he saith, that to plead (plene administravit) is good, until it may appear, that more goods come to the executor's hands afterward, which also holdeth for an heir, that in an action of his ancestors debt pleadeth (rien per descent.) This word is also used for a material bar: as the place where Sergeant's or Councelers stand to plead causes in court, or prisoners to answer to their endictments. Of which our common lawyers, that be lycenced to plead, in other countries called licentiati) are termed barristers. anno. 24. H. 8. ca 24.  
Barrator (barectator) cometh from the French (barat. i. astutia) and is near the French itself in signification. For (barateur) in that tongue betokeneth a deceiver: and a barator in our common law, is a common wrangler, that setteth men at odds, and is himself never quiet, but at brawl with one or other. To this effect you may read M. Lamberds eirenarcha. pa 342. who saith likewise, that barettor (for so he writeth is) may seem to come from the latin (baratro) or (balatro) that is, a 〈◊〉 knave or unthrift, and (by a metaphor) a spot in a common wealth See. the statute of champerty. an. 33. Ed. 1. stat. 2. ca unico and West. 1. ca 32. anno. 3. Ed. i M. Skene de verb. signif. verbo barratry, saith that barratours be Symonists called of the Italian word (barrataria) signifying corruption or bribery in a judge giving a false sentence for money: whom you may read more at large: as also Hortensius Cavalcanus, in his tractat de brachio reg 10. part. 5. nu. 66. whose words are: Barataria veròdicitur, quando judex aliquid petit indebitum, ut justitiam faciat. Who also. nu. 195. partis 5. saith thus: barraterii appellantur, qui praetorium nimis frequentant. And in another place of the same work. Baratria dicitur, quia fit quoddam barratrum. i. commutatio pecuniae cum justitia, etc. See also Aegidius Bossius in practica criminali. titulo de officialibus corrupt. etc. nu. 2. & 6. Baratariam committunt, judices, qui justiciam auro vendunt. Paris Puteola. de syndicatu. verbo Barataria. pa. 217.  
Bar fee, is a see of 20. 〈◊〉. that every prisoner acquitted of felony payeth to the gaoler. Crompt. justice of peace. fo. 158. b.  
Barrel, is a measure of wine, oil, etc. containing the 8. part of a ton, the 4. of a pipe, and the second of a hogsehead, that is, 31. gallons and a half. anno. 1. R. 3. ca 13. But this vessel seemeth not to contain any certain quantity, but differeth according to the liquor, for a barrel of beer containeth 36. gallons, the Kilderkin, 18. and the firkin, 9 a barrel of ale 23. gallons the kilderkin 16. and the firkin. 8. gallons. anno. 23. H. 8. ca 4.  
Barriers, cometh of the French (bars) and signifieth with us that which the French men call (ieu the bars. i. palastran.) a martial sport or exercise of men, armed and fight together with short swords, within certain limits or lists, whereby they are severed from the beholders.  
Barter, may seem to come of the French (barater. i. circumv●nire.) It signifieth in our statutes, exchange of wares with wares. an. 1. R. 3. ca 9 & so bartry the substantive. anno. 13. Eliza. ca 7. The reason may be, because they that chop and change in this manner, do what they can for the most part, one to overreach the other. See barratour.  
Base estate, is in true French (basestat) It signifieth in our common law, that estate which base tenants have in their lands. Base tenants be they (as M. Lamberd saith in his explica. of Saxōword●. verbo Paganus) which do to their lords villeinous service. The author of the terms of law in his Tractat of old terms, saith that to hold in see base, is to hold at the will of the lord. kitchen. foe 41. seemeth to make base tenure and frank to be contraries: where it appeareth, that he putteth copy holder's in the number of base tenants. And out of these, I think, that it may be probably conjectured, that every base tenant holdeth at the will of the lord, but yet, that there is a difference between a base estate, and and villeinage, which Fitzh. in his nat. br. fo. 12. B. C. seemeth to confounded. For the above named author of the terms of law saith in the place before cited, that to hold in pure villeinage, is to do all that the lord will command him. So that if a copy holder have but base estate, he not holding by the performance of every commandment of his lord, cannot be said to hold in villeinage. Whether it may be said, that copy holder's, be by custom and continuamnce of time, grown out of that extreme servitude, wherein they were first created, I leave to others of better judgement: but Fith. loco citato saith, tenure by copy is a term but lately invented.  
Base court, is any court that is not of record, as the court baron. Of this read kitchen. f. 95. 96. etc.  
Base fee, See base estate.  
Baselard (baslerdus) in the statut. anno. 12. R. 2. ca 6. signifieth a weapon, which M. Speight in his exposition upon Chancer, calls pugimem vol 〈◊〉.  
Bastard (bastardus) See Bastardy, and See Skeene de verbo siguif. verbo Bastardus.  
Bastardy (bastardia) cometh of the French (bastard. i. ●othu●) Cassanans de consuetis. Burg. pa. 1116. saith (bastard) and (silius naturalis) be all one. Bastardy in our common law, signifieth a defect of birth, objected to one begotten out of wedlock. Bract. li. 5. ca 19 per totum. How bastardy is to be proved, or to be inquired into, if it be pleaded, see Rastalls book of Entrise. tit. Bastardy. fo. 104. kitchen. fo. 64. maketh mention of bastardy special, and bastardy general. The difference of which is, that bastardy general is a certificate from the Bishop of the diocese to the King's justices, after just inquiry made, that the party inquired of, is a bastard or not a bastard upon some question of inheritance. Bastardy special, is a suit commenced in the King's court, against him that calleth another bastard: so termed (as it seemeth) because bastardy is the principal and especial case in trial, and no inheritance contended for. And by this it appeareth, that in both these significations, bastardy is rather taken for an examination or trial, whether a man's birth be defective or illegitimat▪  
itself. See Broke titulo. Bastardy. 〈◊〉. 29. and Doctor Ridlies' book. pa. 203. 204.  
Baston, is in french a staff, club, or coulestaffe. It signifieth in the statutes of our realm, one of the warden of the fleets his servants or officers, that attendeth the King's court with a red staff, for the taking of such to ward, as be committed by the court. So it is used. anno. 1. R. 2. ca 12. anno 5. Eliz. ca 23.  
Batable ground, seemeth to be the ground in question heretofore, whether it belonged to England or Scotland, lying between both the kingdoms. anno. 23. H. 8. ca 16. as if we should say debatable ground. For by that name. M. Skene. de verbo. sign. verbo Plegius. calleth ground, that is in controversy between two.  
Battle (duellum) cometh of the French (battle. i. bellum, praelium) and signifieth in our common law, a trial by combat. The manner whereof becauseit is long, and full of ceremonies, I do for the better and more full understanding of it, refer you to Glanvile, lib. 2. cap. 3. 4. 5. to Bracton, lib. 3. tract. 2 cap. 21. fol. 140 to Britton, cap. 22. and to S. Thomas Swith de repub. Anglorum, li. 2. cap. 7. & lib. 3. cap. 3. See Bombat.  
Battery cometh of the French batre. i. verberare, cudere, percutere) and signifieth in our common law, a violent striking of any man, which the Civilians call iniuriam personalem, quia personae infertur per verbera, cruciatum, etc. Wesemb. parat. Π. de Iniur. & fam. libel.  
Baubels (baubella) is an old word, signifying jewels. Ro. Hoveden part poster. suorum annal. fo. 449. b.  
Bearding, aliâs, Barding of wool See Clack.  
Bearers, signify all one with Maintainers, anno 20. Edvar. 3. cap. 5.  
Beconage (Beconagium) signifieth money paid for the maintenance of beacons.  
Bewpleder (pulchrè placitando) is made of. 2. french words (beau. 1. decorous, formosus, pulcher) and (pleader. 1. disputare, & causam agere) It signifieth in our common law, a writ upon the statute of Marlbridge or Marlborow, made the 52. year of H. 3. ca 11. whereby it is provided, that neither in the circuit of justices, nor in Counties, Hundreds, or 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. A. B. C. whose definition is to this effect: The writ upon the Statute of Marlebridge for not fair pleading, lieth where the shreeve or other Bailiff in his court, will take fine of the party plaintiff or defendant, for that he pleadeth not fairly, etc.  
Bedell (Bedellus) cometh of the French (bedeau. i. apparitor) & it signifieth with us, nothing else but a messenger or servitor belonging to a Court, as a Court-baron or Leet, Kitchen fol. 46. where you may see his oath: or to the Court of the Forest, Manwood part pri. of his Forest laws. pag. 221. in these words: A Bedell is an officer or servant of the Forest, that doth make all manner of garnishments of the Courts of the Forest, and also all manner of Proclamations, as well within the Courts of the Forest as without: and also doth execute all the processes of the Forest. He is like to a Bailiff errant of a shreeve in a county, etc.  
Benefice (Beneficium) is generally taken for all ecclesiastical livings, be they dignities or other, as anno 13. R. 2. sat. 2. ca 2 where benefices are divided into elective, and benefices of gift. So is it used in the Canon law also. Duarenus de beneficiis. lib. 2. cap. 3.  
Beneficio primo ecclesiastico habendo, is a writ directed from the King to the chancellor, to bestow the benefice that first shall fall in the king's gift, above or under such a value, upon this or that man, Regist. orig. fol. 307. b.  
Benevolence (Benevolentia) is used both in the Chronicles and Statutes of this realm, for a voluntary gratuity given by the subjects to the King. Look Stows annals pag. 701. That it hath been something anciently accustomed, it appeareth by him and by the Statute anno 1. Ric. 3. cap. 2. where it is called a new imposition: and in that respect reprehended by that tyrant in his predecessors: whether justly or not I cannot say, nor mind to dispute. But Stowe, pag. 791. saith, that the invention grew from Edward the fourth's days. You may find it also, anno 11. H. 7. ca 10. to have been yielded to that worthy Prince, in regard of his great expenses in wars and otherwise. This is also mentioned and excepted out of the pardon, anno 1. Ed. 6. cap. 15. It is in other nations called (subsidium charitativum) given sometime to Lords of the fee, by their tenants, sometime to bishops by their Clergy. Matthaeus de Afflictis, de scis. 136. Cassan. de conseut. Burg. pag. 134. 136. Baldus consitio. 120. vol. 6. pag. 230. Of this Maenochius maketh mention, lib. 2. centur. 〈◊〉. ca 178. & 179. showing, when it is lawful for a Prelate charitativum subsidium à sibi subditis exigere, & quanta debeat esse eius summa, setting down eight just causes of this exaction.  
Besaile (proavus) is horowed of the French (bisayeul. i. le pere de man pere grand) the father of my grandfather. In the common law it signifieth a writ, that lieth, where the great grandfather was seized in his demesne as of fee, of any lands or tenements in fee-simple, the day that be died, and after his death a stranger abateth, or entereth the same day upon him, and keepeth out his heir, etc. The form and farther use of this writ, read in Fitz. nat. br. fol. 221. D. E. F. etc.  
Beasts of chase (Ferae campestres) be five of the Forest, chase, or park: that is, the Buck, the Do, the Fox, the Martron, and the Roe, Manwood part prim. of his Forest laws, pag. 342. & part 2. cap. 4. num. 2.  
Beasts of the forest (ferae sylvestres) are the Hart, the Hind, the Hare, the Boar, and the Wolf, Manwood part 2. of his Forest laws, cap. 4. num. 1.  
Beasts and Fowls of Waren, are the Hare, Conie, pheasant, and the Pertridge, Manwood part 2. cap. 4. num. 3.  
Bestaile, cometh of the French (bestial. i. pecus) it seemeth with us to signify all kind of cattles taken for the king's provision, anno 4. Ed. 3. cap. 3. And bestial is generally used for all kind of cattles, anno 1. jacobi cap. 33.  
Bidding of the beads, was a charge or warning, that the parish Priest gave to his parishioners, at certain especial times, to say so many Pater nosters, etc. upon their beads, anno 27. H. 8. cap. 26.  
Bigamy (bigamia) signifieth a double marriage. It is used in the common law, for an impediment that hindereth a man to be a Clerk, by reason that he hath been twice married. For upon those words of S. Paul to Timothy the first. cap. 3. vers. 2. (Opertet ergo Episcopum irreprehensibilem esse, & unius uxoris virum:) the Canonists have founded their doctrine, that he that hath been twice married, may not be a Clerk. And also him that hath married a widow, they by interpretation, take to have been twice married. And both these they do not only exclude from holy orders, but also deny them all privileges that belong unto Clerks. But the author of the new terms of law well saith, that this law is abolished by anno 1. Ed. 6. cap. 12. And to that may be added the statute, anno 18. Elizab. cap. 7. which alloweth to all men that can read as Clerks, though not within orders, the benefit of Clergy in case of felony not especially excepted by some other statute.  
Bilanciis deferendis, is a writ directed to a corporation, for the carrying of weights, to such or such a haven, there to weigh the wools that such a man is licensed to transport, Reg. orig f. 270. a.  
Bilawes, are orders made in court leets or court Barons by common assent, for the good of those that make them, farther than the public law doth bind. Coke vol. 6. fo. 63. a. Kitchen fo. 45. & 79. These in Scotland are called (burlawe) or (birlawe) Skene de verbo: sign. verbo Burlawe: where he saith thus: Laws of burlawe, are made and determined, by consent of neighbours elected and chosen by common consent, in the courts called birlawe courts. In the which cognition is taken of compleints betwixt neighbour and neighbour: which men so chosen, are judges and arbitratours to the effect aforesaid, and are called birlawe men, For (bawr) or (bawrsman) in Dutch is (rusticus) and so (birlaw) or (burlaw) leges rusticorum. Hitherto M. Skene.  
Bilinguis, though it signify in generality a double tongued man; yet in our common law, it is used for that jury, that passeth between an english man and an alien. Whereof part must be Englishmen, and part strangers. anno. 28. Ed. 3. ca 13.  
bill (billa) is diversly used among our common lawyers. First (as West. saith pa. 1. symb. li. 2. sect. 146. it is all one with an obligation, saving that when it is in english, it is commonly called a bill, and when it is in latin, an obligation. But I hear other good lawyers say, that a bill, though it be obligatory, yet is without condition or forfeiture for non payment: and that the obligation hath both. bill secondly, is a declaration in writing, that expresseth either the grief and the wrong that the complainant hath suffered, by the party complained of, or else some fault, that the party complained of, hath committed against some law or statute of the common wealth. This bill is sometime offered up to justices errants in the general assizes: sometime, and most of all, to the Lord chancellor of England, especially for unconscionable wrongs done, sometime to others having jurisdiction, accordingly as the law, whereupon they are grounded, doth direct. It containeth the fact complained of, the damages thereby suffered, and petition of process against the defendant for redress. West. part. 2. Simbol. titulo supplications. sect. 52. whom you may read at large touching this matter.  
Billa vera, is (as it were) a word of art in our common law. For the grand inquest empaneled and sworn before the justices in ear etc. endorsing a bill, whereby any crime punishable in that court, is presented unto them, with these two words; do signify thereby, that the presenter hath furnished his presentment or denunciation with probable evidence, and worthy of farther consideration. And thereupon, the party presented by the same bill, is said to stand indicted of the crime, and so tied to make answer unto it, either by confessing, or traversing the indictment. And if the crime touch the life of the party indicted, it is yet referred to another inquest, called the inquest of life and death: who if they find him guilty, than he standeth convicted of the crime, and is by the judge to be condemned to death. See Ignoramus, see Indictment.  
Billets of gold, cometh of the french (billot. 1. massa auri. anno. 27. Ed 3. stat. 2. ca 14.  
Bynny pepper. anno. 1. jaco. ca 19  
Black mail, is half english, half french. For in french (maille) signifieth a small piece of money, which we call a halfpenny. It signifieth, in the counties of Comberland, Northumberland, Westmoreland, and the bishopric of Durisme, a certain rate of money, corn, cattles, or other consideration, paid unto some inhabiting upon or near the borders, being men of name and power, allied with certain, known to be great robbers and spoile-takers within the said counties, to the end thereby to be by them freed, protected, and kept in safety, from the danger of such as do usually rob and steal in those parts. an. 43. Eliza. ca 13.  
Black rod, is the huiffier belonging to the order of the Garter, so called of his black rod that he carrieth in his hand. He is of the king's chamber, and also huissier of the parliament.  
Blanks, cometh of the french (blanc. 1. candidus, albus) It signifieth a kind of coin that was coined in the parts of France 5. by K. H. that were subject to England: the value whereof was eight pence. Stows annals. pa. 586. These were forbidden to be current within this realm. a. 2. H. 6. ca 9 The reason why they were called blanks may be, because at the time these were coined in France, there was also a piece of gold coined, which was called a (Salus) of the value of 22. shillings from which this silver was in name distinguished by the colour.  
Bloody hand. See Backberend.  
Blomary, is one of the forges belonging to an iron mill (which also seemeth otherwise to be termed a Finary.) The use whereof if you will understand, you must know, that first there is a furnace, wherein the mine-stones are melted and cast into a raw iron, fashioned into long wedges three square. that be called sows. Then be there two forges like unto smiths forges, but much bigger, the one whereof is called the blomary or (as it seemeth) the finary, into the which being maintained with a charcoal fire blown with bellows, made to go by water, are cast the said sows of raw iron, and melted again, and by a workman called the finary man, are wound and wrought round, and afterward beaten by a hammer into little wedges about a yard long, which are called blooms. Then is there another forge called the Hammer, into which these blooms are cast, and by a workman (called the hammer man) again chafed and made soft in a charcoal fire, blown likewise with bellows caused to go by the water: and after carried by the said hammer man, and put under the great hammer driven also by the water. And so the said blooms are drawn, fashioned, and made into such bars of iron of divers sorts and forms, as we see commonly sold. Of these you may read in the statut. anno. 27. Elizab. ca 19 See Bay.  
Bloodwit (blodwita) is compounded of 2. Saxon words (blout. i. sanguis) and (wit) for the which we have the word (wit) still in the West parts of England signifying a charging of one with a fault, or an upbraiding. And Speight in his expositions upon Chawser saith, that (to wit) is as much as to blame. (To twit) in some other places of this land signifieth as much as (to hit in the teeth) or to upbraid. This bloodwit is a wot● used in charters of liberties anciently granted, and signifieth an amercement for shedding of blood. So that whosoever had it given him in his charter, had the penalty due for shedding of blood granted unto him. Rastall in his exposition of words. Skene de verbo. signif. writeth it (bludveit) and saith that (veit) in english is iniuria vel misericordia: and that (bludveit) is an amercement or (unlawe) as the Scottishmen call it, for wrong or injury, as bloodshed is. For he that is infest with (bludveit) hath free liberty to take all amercements of courts for effusion of blood. Fleta saith, quod significat quietantiam misericordiae pro effusione sanguinis. li. 1. ca 47.  
Bockland, See Charterland. See Copy bold and Free hold.  
Bonis arrestandis, is a writ, for the which See Arrestandis bonis.  
Bonis non amovendis, is a writ to the shreeves of London, etc. to charge them, that one condemned by judgement in an action, and prosecuting a writ of error, be not suffered to remove his goods, until the error be tried. Register. orig. fo. 131. b.  
Borrow (burgus vel burgum) may either come from the French (burg. i. pagus) or from the Saxon (borhoe. i. vadium, pignus.) It signifieth here in England a corporate town that is not a City. anno. 2. Ed. 3. ca 3, namely all such as send Burgesses to the Parliament: the number whereof you may see in M. Cromptons' Iurisd. fo. 24. It may probably be thought, that it was anciently taken for those companies consisting of ten families, which were combined to be one another's pledge or borhoe: See Bracton. li. 3. tractat. 2. ca 10. See Headborowe, and Borowhead, and M. Lambard in the duties of constables. pa. 8. Lynwood upon the provincial (ut singula de censibus), speak to this effect: Aliqui interpretantur burgum esse castrum, vel locum ubi sunt crebra castra. vel dicitur burgus, ubi sunt per limites habitacula plura constituta.) But then setting down his own opinion, he defineth it thus: Burgus dici potest villa quacunque unque alia a civitate, in qua est universit as approbata. And that he proveth out of the 11. book of justinian's Godex. titulo de fund. rei privatae. 65. et. l. 6. eius tituli. where burgus is termed corpus. some derive it from the greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. turris) see M. Skene de verbo. signif. verbo. Borghe. The late author M. Verslegan in his restitution of decayed intelligences, saith, that (burg) or (burnh) whereof we say yet (Borough) or (Bourrow) metaphorically signifieth a town, having a wall, or some kind of closure about it: also a Castle. All places that in old time had among our ancestors the name of borough, were places one way or other fenced or fortified.  
Bordlands, signify the demeasns, that lords keep in their hands, to the maintenance of their board or table. Bract. li. 4. tractat. 3. ca 9 nu. 5.  
Borowhead alias Headborowe, (capitalis plegius) by M. Lamberds opinion in his treatise of Constables, is made up of these two words. (borhoe. i. pledge and (bead) and signifieth a head orchiefe pledge. And in explication of this, and other Saxon words of this nature, he maketh an excellent rehearsal of some ancient customs of England, during the reign of the Saxons, which you may read. This borowhead (in short) was the head or chief man of the Decurie or Borhoe, that there he speaketh of, chosen by the rest to speak, & to do in the name of the rest, those things that concerned them. See Borowholders.  
Borowhowlders, alias Bursholders, be quasi borboe ealders, signifying the same officers that be called borowheads. (Lamb. in the duties of Constchles.) Bracton calleth them (Borghie Aldere) li. 3. tractat. 2. ca 10.  
Borrow english, is a customary descent of lands or tenements, whereby in all places where this custom holdeth, lands and tenemenrs descend to the youngest son: or, if the owner have no issue, to his youngest brother: as in Edmonton. kitchen. foe 102. And the reason of this custom, as (Litleton saith) is, for that the youngest is presumed in law, to be least able to shift for himself.  
Borrow goods divisable, I find these words in the statute of Acton. Burnel. anno 11. Ed. 1. statute unico. and dare not confidently set down the true meaning of them. But as before the statute of 32. & 34. H. 8. no lands wear divisable at the common law, but in ancient baronies: so perhaps, at the making of the foresaid statute of Acton burnel, it was doubtful, whether goods were devisable but in ancient borrows For it seemeth by the writ. de rationabili part bonorum, that anciently the goods of a man were partible between his wife and children.  
Bote, signifieth compensation. Lamb, explication of Saxon words. Thence cometh (manbote, aliâs monbote) that is compensation or amends for a man slain, which is bound to another. For farther understanding whereof, it is to be seen in K. Inas laws, set out by M. Lamberd. ca 96. what rate was ordained for the expiation of this offence: See Hedgebote, Plowbote, Howsebote. & read M. Skenede verbo. signif. verbo. Bote.  
Botiler of the king (pincerna regis) anno 43. Ed. 3. ca 3. is an officer that provideth the King's wines: who (as Fleta li. 2. ca 21. saith) may by virtue of his office out of every ship loaden with sale wines, unum doleum eligere in prora navis ad opus regis, & aliud in puppi, & pre qualibet pecia reddere tantùm 20. solid. mercatori. Si autem plura inde habere volucrit, bene licebit: dum tamen precium fide dignorum judicio pro rege appenatur.  
Bowbearer, is an under officer of the forest (as M. Crompton in his iurisdict. fo. 201, setteth down, sworn to the true performance of his office in these words: I will true man be to the master forister of this forest, & to his lieverenent: and in the absence of them, I shall truly oversee, and true inquisition make, as well of swornemen as unsworne in every bailiwick, both in the north bail. and south bail of this forest, and of all manner of trespasses done, either to vert or venison, I shall truly endeavour myself to attach, or cause them to be attached, in the next court attachment, there to be presented, without any concealment had to my knowledge: so help me God, etc.  
Bracton (otherwise called Henry of Bracton) was a famous lawyer of this land, renowned for his knowledge both in the common and civil laws, as appeareth by his book every where extant. He lived in the days of Henry the third. Stawn. praero fo. 5. b. and as some say, Lord chief justice of England.  
Bread of treat, and bread of coket. anno. 51. H. 3. statuto. 1. of bread and ale.  
Bred, signifieth broad. This word Bracton useth, li. 3. tracta. 2. ca 15. nu. 7. proverbially thus to lange and to bred the meaning whereof you may there find, word for word it is, as we now speak two long and two broad: or two in length, and two in breadth.  
Brevibus, & ra 〈…〉 liberandis, is a writ or mandat to a shreeve to deliver unto the new Shyreeve chosen in his room, the county with the appurtenances, together with the rolls, briefs, remembrances, and all other things belonging to that office. Register. original. fo. 295. a.  
Bribours, cometh of the french (bribeur. i. mendicus) It seemeth to signify with us, one that pilfreth other men's goods. anno 28. Ed. 2. stat. 1. ca unico.  
Brief (breve) cometh from the French (brefou brief. i. brevis) and in our common law, signifieth a writ, whereby a man is summoned to answer to any action: or (more largely) any precept of the king in writing; issuing out of any court, whereby he commandeth any thing to be done, for the furtherance of iustile or good order. The word is used in the civil law, some time in the singular number, and masculine gender, as l. ult. Coa. de conveniendis fisci debitoribus. li. 10. tit. 2. you have these words: Inter chartulas confiscati brevis, quidam adseveratur inventus, qui nomina cōtineba● debitorum. Where it is used for a short note. Again, I find a title restored by Gothofred; in the first book of the Code. de quadrimenstruis brevibus. Quadrumenstrus autem breves erant, qui de singulis indictionum pensionibus, quart quoque mense fo●utis, confic●e● antur. Also Lampridius in Alexandro hath it singularly thus: notarium, qui falsum causae brevem in consilio imperatorioretulisset, etc. And in the Authentiques. Novel. 105. ca 2. you have this word (breviatores. i. brevium proscriptores). Breves autem, brevia, brevicula, sunt chartae sive libelli breves, as Galbofred. there noteth. Where he noteth likewise out of Zonaras in Garthagin: Concilio, that this is a greek word, thus: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. See Skene de verbo. signif. verbo Breve. Of these briefs see also Bracton. li. 5. tract. 5. ca 17. nu. 2. Breve quidem cum sit formatum ad similitudinem regula juris, quia breviter & paucis verbis intentionem proferentis exponit & explanat, sicut regula juris rem quae est breviter charrat. Non tamen ita breve esse debet, quin rationem & vim intentionis contineat. etc.  
Brigandine (lorica) is the french (brigandine) that is a coat of mail. This is used. anno 4. & 5. Ph. & Mar. ca 2.  
Brigbote, significat quietantiam reparationis pontium. Fleta, li. 1. ca 47. It is compounded of (brig) a bridge and (boat) which is a yielding of amends or supplying a defect. See (Boat) and Bruckbote.  
Britton, was a famous Lawyer, that lived in the days of K. Edward the first, at whose commandment, & by whose authority he writ a learned book of the law of this realm. The tenure whereof runneth in the King's name, as if it had been penned by himself, answerably to the Institutions, which justinian assumeth to himself, though composed by others. Stawnf. prare fo. 6. & 21. S. Edward Cook saith, that this Britton writ his book in the fift year of the said King reign. li. 4. fo. 126. a. & lib. 6. fo. 67. a. M. Guin. in the preface to his reading, mentioneth, that this john Britton was bishop of Hereford.  
Broke, commonly called S. Robert Broke, was a great lawyer and lord chief justice of the common pleas in Queen Mar. 〈◊〉 time. Cromptons' justices of peace. fo. 2● b. he made an abbridgement of the whole law, a book of high account.  
Broker (brocarnis) seemeth to come from the French (broieur tritor) that is a gryneder or breaker into small pieces. Because he that is of that trade, to deal in matters of money and merchandise between English men and Strangers, doth draw the bargain to particulars, and the parties to conclusion, not forgetting to grind out something to his own profit. Those men be called broggers. anno. 10. R. 2. ca i. It may not improbably be said, that this word cometh from  
carder. i. cavillari.) because these kind of men, by their deceitful 〈…〉 ches and abusing their true made, many times inveigle others: In Scotland they be called (broccary) and in their own idiom, blockers or brockers, that is, mediators or intercessors in any transaction, paction, or contract: as in buying or selling, or in contractting marriage. Skene de verbo. signi. verbo broccarij.  
He that will know what these brokers were wont & aught to be let him read the statut. anno. 1. jacobi. ca 21. These in the civil law are called (proxenetae) as also of some (licitatores & mediatores titulo de proxeneticis. in Digestis. This kind of dealer is also of the Romans called (pararius) Senece. li. 2. de benef. ca 22. Caelius Rhideginus, libro. 6. ca 32. & li 3. cap. 35.  
Broderers (cometh of the French (brodeur) and that cometh of (bordure. i. fimbria, limbus) the edge or hem of a garmet. And that because it is distinguished from the rest, most commonly, by some conceited or costly work; he that worketh it, is called (brodeur) in French, and broderor or embroderer with us.  
Broad halfpenny, cometh of the three Saxon words (bret, or bred,) 〈◊〉 aboard: and (halve) that is, for this or that cause (cuius rei gratie) as the Latinists speak, and (penning) it signifieth a tolle or custom for setting up of tables or boards in a Fair or Market. From the which they that are freed by the King's Charter, had this word mentioned in there letters patents. In so much, as at this day the freedom itself (for shortness of speech) is called by the name of brodehalpenie.  
Broggers. See Brokers.  
Bruckbote (Pontagium) is compounded of two Germane words (bruck. i. pons,) and (boat. i. compensatio.) It signifieth with us, a tribute, contribution, or aid toward the mending or reedifiing of bridges; whereof many are freed by the king's charter. And thereupon the word is used for the very liberty or exemption from this tribute. See Pontage & Brigbote.  
Bull (bulla) seemeth to come from the Greek, (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉). i. consilium) as Polidorus Virgilius saith, de inventio. rerum. lib. 8. cap. 2. It signifieth the letters, by the Canonists called Apostolic, strengthened with a leaden seal, and containing in them the decrees or commandments of the Pope or bishop of Rome. The word is used many times in our Statutes: as anno 28. H. 8. cap. 16. & anno 1. & 2. Ph. & Ma. ca 8.  
Bullion, cometh of the French (billon) that is, the place where gold is tried. It signifieth with us, gold or silver in the mass or billet, anno 9 Ed. 3. stat. 2. cap. 2. and sometime the King's exchange or place, whether such gold in the lump is brought to be tried or exchanged, anno 27. Ed. 3. stat. 2. cap. 14. & anno 4. H. 4. cap. 10. See Skene de verbo. signif. verbo Bullion.  
Burghote, cometh of (burg. i. castellum) and (boat. i. compensatio) and signifieth a tribute or contribution toward the building or repairing of castles, or walls of defence, or toward the building of a borrow or city. From this divers had exemption by the ancient charters of the Saxon kings. Whereupon it is taken ordinarily for the exemption or liberty itself. Rastals expos. of words. Fleta hath these words of it: Significat quiet antiam reparationis murorum civitatis vel burgi li. 1. cap. 47.  
Burgh English. See Borow English.  
Burgages (burgagium) is a tenure proper to cities & towns, whereby men of cities or borrows, hold their lands or tenements of the King, or other Lord for a certain yearly rent. Old Tenors: It is a kind of socage. Swinborn. part 3. §. 3. nu. 6.  
Burglary (burglaria) is compounded of two French words, (bourg. i. pagus, villa) and (larecin, i. furtum,) or of (bourg & laron) Coke lib. 4. fol. 39 b. It is, according to the acceptance of our common law, thus defined: Burglary is a felonious entering into another man's dwelling house, wherein some person is, or into a Church in the night time, to the end to commit some felony therein: as to kill some man, or to steal somewhat thence, or to do some other felonious act there, albeit he execute not the same. If the intent, or fact of this offender, be to steal, this is like robbery, if to murder, it differeth not much from murder, and so of other felonies. West. part 2. symbol. titulo. Indictments. Sect. 56. Burglary in the natural signification of the word, is nothing, but the robbing of a house: but as it is (vox artis) our common Lawyers restrain it to robbing a house by night, or breaking in with an intent to rob, or to do some other felony. The like offence committed by day, they call houserobbing, by a peculiar name. How many ways burglary may be committed, see Cromptons' justice of peace, fol. 28. b. & fol. 29. 30.  
Butlerage of wines, signifieth that imposition of sale wine brought into the land; which the King's butler, by virtue of his office, may take of every ship, anno 1. H. 8. cap. 5. For the which see more in Botyler.   

C  
CAblish (cablicin) among the writers of the Forest laws, signifieth brush wood, Manwood part pag. 84. Cromptons' Iurisd. fol. 165.  
Calamus, is a cane, reed, or quill, the divers kinds whereof, you have set down in Gerard's Herbal. lib. 1. cap. 24. This is comprised among merchandise and drugs to be garbled, in the statute anno 1. jacobi, cap. 19  
Calendrin of Worsseds. anno 5. H. 8. cap. 4. & anno 35. eiusdem. cap. 5.  
Cantred, is as much in Wales, as an hundred in England. For Cantre in the British tongue signifieth centum. This word is used anno 28. H. 8. cap. 3.  
Cape, is a writ judicial touching plea of land or tenements, so termed (as most writs be) of that word in itself, which carrieth the especiallest intention or end thereof. And this writ is divided in (Cape magnum, & Cape parvum:) both which (as is before said in Attachment) take hold of things immovable, and seem to differ between themselves in these points. First, because (cape magnum) or the (grand Cape) lieth before appearance, and (Cape parvum) afterward. Secondly, the (Cape magnum) summoneth the tenant to answer to the default, and over to the demandant: (Cape parvum) summoneth the tenant to answer to the default only: and therefore is called (Cape parvum) or in French English (petit Cape.) Old. nat. br. fol. 161. 162. Yet Ingham saith, that it is called (petit Cape) not because it is of small force, but that it consisteth of few words. (Cape magnum) in the old nat. br. is thus defined. This writ is a judicial, and lieth where a man hath brought a (Praecipe quod reddat) of a thing that toucheth plea of land, and the tenant make default at the day to him given in the writ original: then this writ, shall go for the king, to take the land into the king's hands: and if he come not at the day given him by the (grand Cape) he hath lost his land, etc. A precedent and form of this writ you may see in the Register judicial, fol. 1. b. It seemeth after a fort to contain in it the effect (unssionis in possessionem ex primo & secundo decrete) among the Civilians. For as the first decree seizeth the thing, and the second giveth it from him, that the second time defaulteth in his appearance: so this (Cape) both seizeth the land, and also assigneth to the party a farther day of appearance, at which if he come not in, the land is forfeited. Yet is there difference between these two courses of the civil and common law: first, for that (missio in possessionem) toucheth both movable and immovable goods, whereas the (cape) is extended only to immovable: secondly, that the party being satisfied of his demand, the remanet is restored to him that defaulted: but by the (cape) all is seized without restitution: thirdly, (missio in possess:) is to the use of the party agent, the (cape) is to the use of the king. Of this writ, and the explication of the true force and effect thereof, read Bracton lib. 5. tract. 3. cap. 1. num. 4. 5. & 6. See Cape ad valentiam.  
Cape parvum, in the Old. na. br. fol. 162. is thus defined: This writ lieth, in case where the tenant is summoned in plea of land, and cometh at the summons, and his appearance is of record, and after he maketh default at the day that is given to him: then shall go this writ for the king, etc. Of this likewise you have the form in the Register judicial, fol. 2. a. Why it is called cape parvum, see in cape magnum. Of both these writs, read Fleta lib. 6. cap. 44. 〈◊〉. Magnum & seqq.  
Cape ad Valentiam, is a species of cape magnum, so called of the end whereunto it tendeth. In the Old nat. br: fol. 161. 162. it is thus defined or described: This writ lieth, where any impleaded of certain lands, and I vouch to warrant another, against whom the summons ad warrantizandum, hath been awarded, and the shreeve cometh not at the day given: then if the demandant recover against me, I shall have this writ against the vouchee, and shall recover so much in value of the land of the vowchee, if he have so much: and if he have not so much, than I shall have execution of such lands and tenements, as descend unto him in fee-simple: or if he purchase afterward, I shall have against him a resummons: and if he can nothing say, I shall recover the value. And note ye, that this writ lieth before appearance. Thus far goeth the book. Of these, and the divers uses of them, see the Table of the Register judicial, verbo. Cape.  
Capias, is a writ of two sorts, one before judgement called (Capias ad respondendum) in an action personal, if the shreeve upon the first writ of distress return (nihil habet in baliva nostra:) and the other is a writ of execution after judgement, being also of divers kinds (viz. Capias ad satisfaciendum, Capias pro fine, Capias utlagatum, Capias utlaga 〈…〉 & inquiras de bonis & catallis).  
Capias ad satisfaciendum, is a writ of execution after judgement, lying where a man recovereth in an action personal, as debt, or damages, or detinew in the king's court: and he against whom the debt is recovered, and hath no lands nor tenements, nor sufficient goods, whereof the debt may be levied. For in this case, he that recovereth, shall have this writ to the shreve, commanding him that he take the body of him, against whom the debt is recovered: and he shallbe put in prison, until satisfaction be made unto him that recovered.  
Capias pro fine, is where one being by judgement fined unto the king, upon some offence committed against a statut, doth not discharge it according to the judgement. For by this is his body taken, and committed to prison, until he content the king for his fine. Coke. li. 3. fo. 12. a.  
Capias utlagatum, is a word of execution, or after judgement, which lieth against him that is outlawed upon any suit: by the which the shyreve upon the receit thereof, apprehendeth the party outlawed, for not appearring upon the (exegend) and keepeth him in safe custody until the day of return assigned in the writ: and then presenteth him unto the court, there farther to be ordered for his contempt.  
Capias utlagatum, & inquiras de bonis & catallis, is a writ all one with the former, but that it giveth a farther power to the shreeve, over and beside the apprehension of the body, to inquire of his goods and cattles. The form of all these writs see in the old nat. br. fo. 154. and see the Terms of law, verbo Process. Lastly you may find great variety of this kind, in the table of the Register judicial. verbo Capias.  
Capias in Withernamium de averijs, is a writ lying for cattles in Withernam. Register orig. fo. 82. &. 83. see Withernam.  
Capias in Withernamium de homine, is a writ that lieth for a servant in Withernam. Regist. or. fo. 79. &. 80. see Withernam:  
Capias conductos ad proficiscendum, is a writ that lieth for the taking up of such, as having received priest money to serve the king, slink away, and come not in at their time assigned. Register. orig. fo. 191.  
Captain, alias captain (capitaneus) cometh of the French (captain) and signifieth with us, him that leadeth, or hath charge of a company of soldiers: and is either general, as he that hath the governance of the whole host: or special, as he that leadeth one only band. The word (capitanei) in others nations signifieth more generally those, that are in latin called (principes) or (proceres) because, as Hottoman saith in verbis feudalibus: tanquam caput reliquo corpori, sic hij reliquis civibus praesunt. He divideth them into two sorts: and to use his words. alii sunt capitanei regni: quo verbo Deuces, Comites, Marchiones intelliguntur. li. 1. feudo. tit. 1. §. 1. & ti. 7. Alii impropriè, qui vrbium praefecti sunt, quibus plebs ab aliquo superiorum gubernanda committitur: qui & vallasores regit, & maiores appellantur. l. 1. feud. tit. 1. §. 1. & tit. 7. & tit. 17. So we have captains of castles here in England, and other places, as of the Isles of Gearsey and Gearnsey, of the Isle of Weight, etc.  
Capite, is a tenure, which holdeth immediately of the king, as of his crown, be it by knight's service or socage: Broke. tit. Tenors. 46. 94. Dyer. fo. 123. nu. 38. & fo. 363. nu. 18. & not as of any Honour, castle, or manner: and therefore it is otherwise called a tenure, that holdeth merely of the king, because as the crown is a corporation, and signory in gross (as the common lawyers term it) so the King that possesseth the crow, is in account of law, perpetually King, and never in his minority, nor never dieth: no more than (populus.) doth, whose authority he beareth. See Fitzh. nat. br. fo. 5. F. Note by the way, that a man may hold of the king, and not (in Capite) that is, not immediately of the crown in gross, but by means of some Honour, castle, or manner belonging to the Crown, whereof I hold my land. Whereof Kitchen saith well, that a man may hold of the King by Knight service, and yet not in capite, because he holdeth happily of some honour by Knight's service, which is in the king's hands (as by descent from his ancestors) and not immediately of the king, as of his crown. fo. 129. with whom agreeth Fitzh. nat. br. f. 5. K. whose words are to this effect: So that it plainly appeareth, that lands which be held of the king, as of an honour, castle, or manner, are not held in capite of the King: because that a writ of right, in that case, shallbe directed to the bailiff of the honour, castle, or manner, etc. but when the land be held of the King, as of his crown, than they be not held of honour, castle, or manner, but merely of the King, as King, and of the King's crown, as of a signory of it self in gross, and the chief above all other seigneuries, etc. And this tenure in capite is otherwise called tenure holding of the person of the King. Dyer. fo. 44. n. 37. Author of the new terms. verb. Tenure in capite. Broke. titulo. Tenors. nu. 65. 99 And yet M. kitchen. foe 208. saith, that a man may hold of the person of the King, and not in capite. His example is this: if the King purchas a manner that I. S. holdeth, the tenant shall hold as he held before, and shall not render livery or premier seisin, nor hold in capite: And if the king grant that manner to W. N. in fee; excepting the services of I. S. then I. S. holdeth of the king, as of the person of the king, and yet holdeth not in caepite, but as he held before. So that by this book, tenuere holding of the person of the king, and tenure in capite, are two divers tenors. To take away this difficulty, I think M. Kitchen is in that place to be taken, as if he said, not in capite by Knight's service, but by socage, following the usual speech: because most commonly where we talk of tenure in capite, we mean tenure by Knight's service.  
Carno, Cromptons' iurisd. fol. 191. is an imunity  
cark, seemeth to be a quantititie of wool, whereof thirty make a Sarpler. anno. 27. H. 6. ca 2. See Sarpler.  
Carack, alias Carrick, seemeth to be a ship of burden, so called of this Italian (carrico) or (carco) a burden or charge, or of the spanish (cargo) you have this word. anno 2. R. 2. ca 4. & anno 1. jaco. ca 33.  
Carroway seeds, alias Carruway seeds (semen cari vel carei) is a seed springing of the herb so called, of whose operation you may read in Gerard's herbal. li. 2. ca 396. It is reckoned among the merchandise, that aught to be garbled. anno. i jaco. ca 19  
Carve of land (carucata terrae) cometh of the French (charue. i. aratrum) and with us is a certain quantity of land, by the which the subjects have some time been taxed: whereupon the tribute so levied, is called (Carvage Caruagium.) Bracton. li. 2. ca 16. nu. 8. It is all one with that; which the same author. lib. 2. ca 17. calleth (carucatam terrae) For Litleton ca Tenure in socage. saith, that (haec soca socae, idem est quod caruca) sc, one sok or one plough land. Yet one place I find in Stows annals, that maketh me doubt. pag. 271. where he hath these words: The same time king Henry took carvage, that is to say, two marks of silver of every knight's fee, toward the marriage of his sister Isabella to the Emperor: where carriage cannot be taken for a plough land, except there were some other farther division, whereby to raise of every plough land so much: and so consequently of every Knight's fee: that is, of every 680. acres, two merkes of silver. Rastall in his Exposition of words saith, that caruage is to be quite, if the lord the King shall tax all the land by carves: that is, a privilege, whereby a man is exempted from carvage. Skene de verb. signif. ver. Carucata terrae, deriveth it from the French (charon. i. a plough, and saith, that it contains as great a portion of land, as may be tilled and laboured in a year and day with one plough: which also is called (hilda) or (hida terrae) a word used in the old Britain laws. M. Lamberd among his precedents, in the end of his Eirenarcha, translateth (carucatum terrae) a plough land.  
Caruage (caruagium,) see Carve.  
Cassia Fistula, is a tree that beareth certain black, round, and long cod, wherein is contained a pulp, soft & pleasantly sweet, serving for many uses in Physic. This tree with her virtues you may find described in Gerard's Herbal, lib. 3. cap. 77. The fruit is mentioned in the statute, anno 1. jacob. cap. 19 among drugs and spices, that be to be garbled.  
Cassia lignea, is a sweet wood not unlike to cinnamon, and sometime used in steed of cinnamon. Whereof you may read in Gerard's Herbal, lib 1. ca 141. This is called Cassia lignum, in the Statute anno 1. jacob. cap. 19 and is comprised among merchandise that are to be garbled.  
Castellain (castellanus) is a keeper or a Captain, sometime called a Constable of a castle, Bracton lib. 5. tractat. 2. cap. 16. & lib. 2. cap. 32. num. 2. in like manner is it used, anno 3. Ed. 1. cap. 7. In the books (de feudis) you shall find (guastaldus) to be almost of the same signification, but something more large: because it is also extended to those that have the custody of the King's mansion houses, called of the Lumbards' (curtes) in England (Courts,) though they be not places of defence or strength. M. Manwood, part. 1. of his Forest laws, pag. 113. saith, that there is an officer of the Forest called Castellanus.  
Castelward (castelgardum, vel wardum castri) is an imposition laid upon such of the king's subjects, as dwell within a certain compass of any castle, toward the maintenance of such, as do watch and ward the castle. Magna charta, cap. 20. & anno 32. H. 8. cap. 48. It is used sometime, for the very circuit itself, which is inhabited by such as are subject to this service, as in Stows annals, pag. 632.  
Casu consimili, is a writ of entry, granted where the tenant by courtesy, or tenant for term of life, or for the life of another, doth alien in fee, or in tail, or for term of another's life. And it hath the name of this, for that the Clerks of the Chancery did, by their common consent, frame it to the likeness of the writ, called (In casu proviso) according to their authority given them by the Statute, Westm. 2. cap. 24. which, as often as there chanceth any new case in Chancery, something like to a former case, and yet not especially fitted by any writ, licenseth them to lay their heads together, and to frame a new form answerable to the new case, and as like some former case as they may. And this writ is granted to him in the reversion, against the party to whom the said tenant so alienateth to his prejudice, and in the life time of the said tenant. The form and effect whereof read more at large in Fitz. nat. br. fol. 206.  
Casu proviso, is a writ of entry, given by the Statute of Glocecester, cap. 7. in case where a tenant in dower alieneth in fee or for term of life, or in tail, and lieth for him in reversion against the alienee. Whereof read F 〈…〉. cat. br. more at large, fol. 205.  
Catals (catalla) aliâs chatels, cometh of the Normans. For in the 87. chapter of the grand customary you shall find, that all movable goods with them, are called chatels: the contrary whereof is (fief) ibid. which we do call fee. But as it is used in our common law, it comprehendeth all goods movable and immovable, but such as are in the nature of free hold, or parcel thereof, as may be gathered out of Sawnf. praero. ca 16. and anno. Eliza. 1. ca 2. How be it Kitchen in the chapter catalla. fo. 32. saith, that ready money is not accounted any goods or cattles, nor hawks, nor hounds. The reason why hawks and hounds be not, he giveth, because they be (ferae naturae) why money is not, though he set not down the cause: yet it may be gathered to be, for that money of itself, is not of worth, but as by consent of men, for their easier traffic, or permutation of things necessary for common life, it is reckoned a thing rather consisting in imagination, then in deed. Catals be either personal or real. Personal may be so called in two respects: one, because they belong immediately to the person of a man, as a bow, horse, etc. the other, for that being any way withheld injuriously from us, we have no means to recover them, but by personal action. Chatels real be such, as either appertain not immediately to the person, but to some other thing, by way of dependency: as a box with charters of land, the body of a ward, apples upon a tree, or a tree itself growing on the ground. Cromptons' justice of peace, fo. 33. B, or else such as are necessary issuing out of some immovable thing to a person: as a lease or rend for term of years. Also to hold at will, is a chatel real. New terms. verbo chatel. The civilians comprehend these things, as also lands of what kin de or hold so ever, under bona; bona autem dividuntur in mobilia & immobilia: mobilia verò in ea quae se movent vel ab aliis moventur. v. legem. 49. &. l. 208 〈◊〉. de. verb. significa. & interprete ibidem. Bract. also ca 3. li. 3. nu. 3. & 4. seemeth to be of the same judgement.  
Catallis captis nomine districtionis, is a writ which lieth within a borrow, or within a house, for rent going out of the same, and warranteth a man to take the doors, windows, or gates, by way of distress, for the rent. Old nat. br. fo. 66.  
Catallis reddendis, is a writ, which lieth where goods being delivered to any man to keep until a certain day, and be not upon demand delivered at the day. And it may be otherwise called a writ of detinew. See more of it in the Register orig. fo. 139. and in the old nat. br. fo. 63. This is answerable to actio depositi, in the civil law.  
Catchepolle, though it now be used as a word of contempt, yet in ancient times, it seemeth to have been used without reproach, for such as we now call sergeants of the mace, or any other that use to arrest men upon any cause. anno. 25. Ed. 3. stat. 4. ca 2.  
Cathedral. See church.  
Casu matrimonii praelocuti, is a writ which lieth in case where a woman giveth lands to a man in fee simple, to the intent he shall marry her, and refuseth so to do in reasonable time, being required thereunto by the woman. The form, and farther use hereof, learn in the Register orig. fol. 233. and in Fitzh. nat. br. fo. 205.  
Causam nobis significes, is a writ which lieth to a Mayer of a town or city, etc. that formerly by the kings writ being commanded to give seisin unto the king's grantee of any land or tenements, doth delay so to do, willing him to show cause, why he so delayeth the performance of his charge. Coke. li. 4. casu communality des Sadlers. fo. 55 b.  
Cautione admittenda, is a writ that lieth against the Bishop, holding an excommunicate person in prison for his contempt, notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy church from thence forth: The form and farther effect whereof, take out of the Regist. orig. pa. 66. and Fitzh. nat. br. fol. 63.  
Century (centuria) See Hundred.  
Cepi corpus, is a return made by the Shyreve, that upon an (exigend) he hath taken the body of the party. Fitzh not. br. fo. 26.  
Certiorari, is a writ issuing out the chancery, to an inferior court, to call up the records of a cause therein depending, that conscionable justice therein may be ministered, upon complaint made by bill, that the party which seeketh the said writ, hath received hard dealing in the said court. Terms of the law. See the divers forms and uses of this, in Fitzh. nat. br. fo. 242. as also the Register, both original and judicial in the tables. verbo. Certiorari. Crompton in his justice of peace. foe 117. saith, that this writ is either returnable in the King's bench, and then hath these words (nobis mittatis): or in the chancery, and then hath (in cancellaria nostra) or in the common bench, and then hath (justiciariis nostris de banco.) The word (certiorare) is used divers times in the digest of the civil law: but our later Kritiques think it so barbarous, that they suspect it rather to be foisted in by Tribonian, them to be originally used by those men, of whose works the said digest is compiled. Prataeus in suo lexico.  
Certificate (certificatorium) is used for a wirting made in any court, to give notice to another court of any thing done therein. As for example, a certificate of the cause of attaint, is a transcript made briefly and in few words, by the clerk of the Crown, clerk of the peace, or clerk of assize, to the court of the King's bench, conteying the tenure and effect of every indictment, outlawry, or conviction, and clerk attained, made or pronounced in any other court. an. 34. H. 8. c. 14. Of this see more in Certificate d'evesque. Broke. f. 119.  
Certification of assize of novel dissessin, etc. (Certificatio assisae novae disseisinae. etc.) is a writ granted for there examining or revew of a matter passed by assize before any justices, and is called (certificatione novae disseisine) Old. nat. br. fo. 181. Of this see also the Register. Original. fo. 200. and the new book of entrise, verbo. Certificate of assize. This word hath use, where a man appearing by his bailiff to an assize brought by another, hath lost the day: and having something more to plead for himself, as a deed of release, etc. which the bailiff did not, or might not plead for him, desireth a farther examination of the cause either before the same justices, or others: and obtaineth letters patents unto them to that effect. (The form of these letters patents, you may see in Fitzh. nat. br. fo. 181.) and that done, bringeth a writ to the shreeve, to call both the party for whom the assize passed, and the jury that was empaneled upon the same, before the said justices at a certain day and place. And it is called a certificate, because in it there is mention made to the shreeve, that upon the party's complaint of the defective examination, or doubts yet remaining upon the assize passed, the King hath directed his letters patents to the justices, for the better certifiing of themselves, whether all points of the said assize were duly examined, yea or not. See farther old. nat. br. and Fitzh. ubi supra. Of this also you may read Bracton. li. 4. ca 19 nu. 4. in fine. & 5. 6. where he discusseth the reason of this point very learnedly and last Horn in his Mirror of justices. li. 3. ea. finali. §. en eyed des memoyres, etc.  
Certificando de recognitions Stapulae, is a writ directed to the Mayor of the staple, etc. commanding him to certify the chancellor of a statute of the staple, taken before him between such and such, in case where the party himself detaineth it, and refuseth to bring it in. Regist. orig. fo. 152. b. In like manner may be said of (certificando de statuto mercatorio) eodem. fo. 148. and (de certificando in cancellarium de inquisitione, de idemptitate nominis) fo. 195. and (certificando quando recognitio,) etc. and (certificando quid actum est de brevi super statutum mercatorium.) fo. 151 & certificando si loquela Warantiae. fo. 13.  
Cessor, is he that ceseth or neglecteth so long to perform a duty belonging unto him, as that by his cease or cessing he incurreth the danger of law, and hath, or may have the writ (cessavit) brought against him. Old. nat. br. fo. 136. And note, that where it is said in divers places (the tenant cesseth) without any more words, such phrase is so to be understood, as if it were said: the tenant ceseth to do that which he ought, or is bound to do by his land ortenement.  
Cessavit, is a writ that, lieth in divers cases, as appeareth by Fitzh. nat. br. fo. 208. upon this general ground, that he against whom it is brought, hath for 2. years foreslowne to perform such service, or to pay such rent, as he is tied unto by his tenure, and hath not upon his land or his tenement, sufficient goods or catells to be distrained. Consult more at large with Fitz. upon this ubi supra. with Fleta. li. 5. ca 34. §. visa sunt. and with the Terms of law. See Cessavit de cantaria. Register orig. fo. 238. Cessavit de feodi firma. eodem fo. 237. Cessavit per biennium. eodem. folio etiam eodem. See the new book of entrise. verbo Cessavit.  
Cestui qui vie, is in true French (cestui a vie de qui). i. he for whose life any land or renement is granted. Perkins grants. 97.  
Cestui qui use (ille cuius usui vel ad cuius usum) is broken french, and thus may be bettered: (Cestui all use de qui) It is an ordinary speech among our common lawyers, signifying him, to whose use any other man is enfeoffed in any lands or tenements. See the new book of entrise. verbo. uses. and in Replevin. fo. 508. colum. 3. & verbo Trespass. fo. 606. & fo. 123. a. b. colum. 3. n●. 7.  
Chafe wax, is an officer in chancery, that fitteth the wax for the feeling of the writs, and such other instruments as are there made to be sent out. This officer is borrowed from the French. For there (calefactores cerae sunt, qui regiis literis in Cancellaria ceram imprimunt. Corasius.  
Chase (chacea) cometh of the French (chasser. 1. sectari belluas, apros, cervos) It signifieth two things in the common law. First, as much as (actus) in the civil law, that is a dryving of cattles to or from any place: as to chase a distress to a fortlet, Old nat. br. fo. 45. Secondly, it is used for a receit for dear and wild beasts, of a middle nature between a forest, and a park: being commonly less than a forest, and not endued with so many liberties, as the courts of attachment, Swain mote, and justice seat: and yet of a larger compass, and stored with greater diversity both of keepers and wild beasts or game, than a park. And Crompton in his book of jurisdictions. fo. 148. saith, that a forest cannot be in the hands of a subject, but it forthwith looseth the name, and becometh a chase. and yet. fo. 197. he saith, that a subject may be lord and owner of a forest. which though it seem a contrariety, yet be both his sayings, in some sort, true. For the king may give or alienate a forest to a subject: yet so, as when it is once in the subject, it loseth the true property of a Forest: because that the courts, called the justice seat, the Swain mote, and Attachment, forthwith do vanish: none being able to make a Lord chief justice in Eyre of the Forest, but the king: as M. Manwood well showeth part 2. of his Forest laws, cap. 3. & 4. And yet it may be granted in so large a manner, that there may be attachment and Swainemote, and a court equivalent to a justice seat, as appear by him in the same chapter, num. 3. So that a chase differeth from a Forest in this, because it may be in the hands of a subject, which a Forest in his proper & true nature cannot: and from a Park, in that that it is not enclosed, and hath not only a larger compass, and more store of game, but of Keepers also and overseers. See Forest.  
Challenge (calumnia) cometh of the French (chalanger, i. sibiasserere) and is used in the common law for an exception taken either against persons or things: persons, as in assize to the jurors, or any one or more of them: or in a case of felony by the prisoner at the bar. Smith de rep. Anglor. lib. 2. cap. 12. Britton. ca 52. Bracton lib. 2. tract. 2. cap. 22. Against things, as a declaration, old nat. br. fol. 76. Challenge made to the jurours, is either made to the array, or to the poles. Challenge to the array is, when the whole number is excepted against, as partially empaneled: challenge to or by the poll, when some one, or more are excepted against, as not indifferent. Terms of the law. Challenge to the jurours, is also divided into Challenge principal, and Challenge per cause. i. upon cause or reason. Challenge principal (otherwise by Stawnf. pl. cor. fol. 157. & 158. called (peremptory) is that, which the law alloweth without cause alleged or farther examination. Lamberd. Eirenar. lib. 4. cap. 14. as a prisoner at the bar, arraigned upon felony, may peremptorily challenge to the number of 20. one after another, of the jury empaneled upon him, alleging 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, an. 33. H. 8. cap. 23. Fortescue saith, that a prisoner in this case may challenge, 35. men c. 27. but that law was abridged by anno 25. H. 8. cap. 3. I cannot here omit to note some difference, that (in mine opinion) I observe between Challenge principal, and Challenge peremptory, finding peremptory to be used only in matters criminal, and barely without cause alleged more than the prisoners own fantasy, Stawnf. pl. cor. fol. 124. but principal in civil actions for the most part, and with naming of some such cause of exception, as being found true, the law alloweth without farther scanning. For example: if either party say, that one of the jurors is the son, brother, cousin, or tenant to the other, or espoused his daughter, this is exception good and strong enough (if it be true) without farther examination of the party's credit. And how far this challenge upon kindred reacheth, you have a notable example, in Plowden, casu Vernon. against Manners. fol. 425. Also in the plea of the death of a man, and in every action real, as also every action personal, where the debt or damages amount to 40. marks, it is a good challenge to any man, that he cannot dispend 40. shillings by the year of freehold, anno 11. H. 7. cap. 21. and Terms of the law, verbo Challenge. The ground of this challenge you may see farther in Fleta lib. 4. cap. 8. Challenge upon reason or cause is, when the party doth allege some such exception against one or more of the jurors, as is not forthwith sufficient upon acknowledgement of the truth thereof, but rather arbitrable and considerable by the rest of the jurors: as, for example: if the son of the juror have married or espoused the daughter of the adverse party. Terms of law, ubi supra. This challenge per cause, seemeth to be termed by Kitchen, challenge for favour, fol. 92. or rather Challenge for favour is said there to be one species of challenge per cause: where you may read what challenges be commonly accounted principal, and what not. See the new book of Entries, verbo, Challenge. and the old nat. br. fol. 158. & 159. That this word (challenge) is long sithence latined by the word (calumnia) appeareth by Bracton. lib. 3. tract. 2. cap. 18. & li. 4. tract. 3. cap. 6. & lib. 5. cap. 6. But I doubt, Priscian will never forgive him that first struck this blow at him. Of challenge you may farther read Fleta. lib. 1. cap. 32. §. Ad quem diem, & seqq.  
Chamberdekins, are Irish beggars, anno 1. H. 5. cap. 8.  
Chamberer, is used for a chamber maid, anno 33. H. 8. cap. 21.  
Chamberlain (camerarius vel camberlingus) cometh of the French (chambellan. i. cubicularius, vel praefectus cubiculi.) It is diversely used in our Chronicles, Laws, and Statutes: as Lord great Chamberlain of England, Lord Chamberlain of the king's house, the king's Chamberlain, anno 13. Ed. 1. cap. 41. anno 17. R. 2. cap. 6. to whose office it especially appertaineth to look to the king's chambers and wardrobe, and to govern the under ministers belonging unto the same. Fleta lib. 2. cap. 6. & 7. Chamberlain of any of the king's courts, anno 7. Ed. 6. cap. 1. Chamberlain of the Exchequer, anno 51. H. 3. stat. 5. & anno. 10. Ed. 3. cap. 11. & anno 14. eiusdem. cap. 14. & anno 26. H. 8. cap. 2. Chamberlain of north Wales, Stow. pag. 641. Chamberlain of Chester. Cromptons' iurisd. fol. 7. This Officer is commonly the receiver of all rents and revenues belonging to that person or city, whereunto he is chamberlain. v. Fletam li. 2. cap. 70. §. Si autem. The Latin word seemeth to express the function of this officer. For (camerarius dicitur à camera. i. testudine sive fornice.) quia custodit pecunias quae in cameris praecipuè reservantur. Onyphrius de interpret. vooum ecclesiasticarum. It seemeth to be borrowed from the Feudists, who define the word (camera) thus: Camera est locus in quem the saurus recolligitur, vel conclave in quo pecunia reservatur. Zasius de feudis. part. 4. num. 7. and Peregrinus, de iure fisci. lib. 6. tit. 3. saith, that camerarius vel camberlingus, (quem quaestorem antiqui appellârunt,) in rebus fisci primum locum tenet, quia thesauraruis & custos est publicae pecuniae. Sane officium hoc primipilatus fuisse nonnulli senserunt. There be two officers of this name in the king's Exchequer, who were wont to keep a controlment of the pels of receipt and exitus, & kept certain keys of the treasure coffers, which is not now in use. They keep the keys of the Treasury, where the leagues of the King's predecessors, and divers ancient books do remain. There is mention of this officer, in the Statute anno 34. & 35. H. 8. cap. 16. There be also under-chamberlaines of the Exchequer, which see in Vnderchamberlaine.  
Champartie, (cambipartita) alias champerty, seemeth to come from the french (champart. 1. vectigal) and signifieth, in our common law, a maintenance of any man in his suit depending, upon condition to have part of the thing (be it lands or goods) when it is recovered. Fitzh. nat. br. fo. 171. and champertours be they, that move pleas or suits, or cause to be moved, either by their own procurement, or by other; and persyew at their proper costs, for to have part of the land in variance, or part of the gains. anno. 33. Ed. 1. stat. 2. in fine. Whereunto add the third statut made the same year. This seemeth to have been an ancient fault in our realm. For notwithstanding these former statutes, and a form of writ framed unto them, yet anno. 4. Ed. 3. ca 11. it was again enacted, that whereas the former statute provided redress for this in the king's bench only (which in those days followed the court) from thence forth it should be lawful for justices of the common pleas likewise, and justices of assizes in their circuits, to inquire, hear, and determine this and such like cases, as well at the suit of the king, as of the party. How far this writ extendeth, and the divers forms thereof, applied to several cases, see Fitzh. nat. br. fo. 171. and the Register orig. fo. 183. and the new book of entrise. verbo. Champerty. Every champerty employeth maintenance. Cromptons' iurisd foe. 39 See also his justice of peace. fo. 155. b. etc. These with the Romans were called redemptores litium, qui sc. quotidianas lites mercantur, aut quipartem litis paciscuntur. l. si remunerandi. §. Maurus. Π. Mandati. l. si contra. &. l. per diversas. Co. eodem. 13.  
Champion, (campio) is thus defined by Hotoman, in verbis feudalibus. Campio est certator pro alio datus in duello: a campo dictus, qui circus erat decertantibus definitus. In our common law, it is taken no less for him that trieth the combat in his own case, then for him that fighteth in the place or quarrel of another. Bracton li. 3. tracta. 2. ca 21. nu. 4. who also seemeth to use this word for such, as hold by sergeanty, or some service, of another, as: campiones faciunt homagium domino suo. li. 2. ca 35. Of this read more in Battle and Combat. 30.  
chancellor, (cancellarius) cometh of the french (chaneelier) Vincentius Lupanus de magistratibus Francorum saith, that (cancellarius) is no latin word: how be it he citeth divers latin writers that do use it. With him agreeth that excellent man Petrus Pithaeus, libro. 2. adversariorum. ca 12. and whereas Lupanus would derive it from the verb (cancello) Pithaeus confesseth, he hath good colour for his opinion, though he think it not sound; and therefore rather deduceth it (a cancellis). (Cancellare) is (literas vel scriptum linea per medium ducta damnare) and seemeth of itself likewise to be derived (a cancellis) which signify all one with (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) in greek, which we in our tongue call a letis: that is, a thing made of wood or iron bars laid cross ways one over another, so that a man may see through them in and out. And it is to be thought, that judgement seats in old time, were compassed in with those bars, being found most necessary to defend the judges and other officers from the press of the multitude, and and yet never the more to hinder any man's view, that had a desire or cause to observe what was done. Cancellarius at the first by the opinion of Lupanus, signified the registers or actuaries in court, (grapharios sc: qui conscribendis & excipiendis judicum acts daunt operam) Pithaeus saith, they were such as we now call (Secretarios) But this name in our days is greatly advanced, and not only in other kingdoms, but in ours also, is given to him, that is the chief man for matter of justice (in private causes especially) next unto the prince. For whereas all other justices in our common wealth, are tied to the law, and may not swerver from it in judgement: the chancellor hath in this the kings absolute power, to moderate and temper the written law, and subiecteth himself only to the law of nature and conscience, ordering all things juxta aequum & bonum. And therefore Stawnford in his Prerogative. ca 20. foe 65. saith, that the chancellor hath two powers: one absolute, the other ordinary: meaning that though by his ordinary power in some cases, he must observe the form of proceeding, as other ordinary judges: yet that in his absolute power he is not limited by the written law, but by conscience and equity, according to the circumstances of the matter in question. But how long he hath had this power, some would doubt. For Polidorus Virgilius, lib. 9 historiae Anglica. hath these words of William the Conqueror: Instituit item Scribarum Collegium, qui diplomata scriberent, & eius Collegii magistrum vocabat Cancellarium, qui paulatim supremus factus est Magistratus, qualis hody habetur. And see Fleta, lib. 2. cap. 13. This high Officer, seemeth to be derived from France unto us, as many other Officers and usages be. For of this thus writeth Boërius in his Tractate De authoritat. Magni Concilii. num. 8. Consistorio Franciae post. Principem Dominus Franciae Cancellarius, cui velut excelsum judicii tribunal hoc in regno (sub Principe tamen nostro) moderanti, sigillumque authenticum, quo sine publicis & patentibus regiis literis nulla fides adhibetur, liberam administrationem habenti, omnes & singuli regii justiciarii, quocunque nomine nuncupentur, ac quavis authoritate fungantur, e● inferiores sunt. Et meritò: Succedit enim in quaestoris locum, etc.  
He that beareth this magistracy, is called the chancellor of England. anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord chancellor and Keeper have all one power. Note farther that divers inferior Officers, are called Chancelers, as chancellor of the Exchequer. an. 25. H. 8. cap. 16. whose office hath been thought by many, to have been created for the qualifying of extremities in the Exchequer. He sitteth in the court, and in the Exchequer chamber, and with the rest of the court ordereth things to the king's best benefit: he is always in commission with the Lord Treasurer for the letting of the lands that came to the crown by the dissolution of Abbeys: and hath by privy seal from the king, power with others to compound for forfeitures of bonds, and forfeitures upon penal statutes. He hath also much to do in the revenue come by the dissolution and first fruits, as appeareth by the acts of uniting them to the Crown. chancellor of the Duchy of Lancaster, anno 3. Ed 6. cap. 1. & an. 5. eiusdem. cap. 26. whose office is principal in that court to judge and determine all controversies between the king and his tenants of the Duchy land, and otherwise to direct all the king's affairs belonging to that court. chancellor of the Order. 1. of the Garter, Stows annals pag. 706. chancellor of the University, anno 9 H. 5. cap. 8. & anno 2. H. 6. cap. 8. Chancellor of the court of Augmentations, anno 27. H. 8. cap. 27. & anno 32. eiusdem. cap. 20. & anno 33. eiusd. cap. 39 Chancellor of the first fruits, anno 32. H. 8. cap. 45. Chancellor of courts, anno 32. H. 8. cap. 28. Chancellor of the Diocese, anno 32. H. 8. cap. 15.  
Chancery (cancellaria) is the court of equity and conscience, moderating the rigour of other courts, that are more straightly tied to the letter of the law, whereof the Lord Chancellor of England is the chief judge. Cromptons' iurisd. fol. 41. or else the Lord Keeper of the great Seal, sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chancellor, as M. Camden noteth in his Britannia, pag. 114. in meo. The Officers belonging to this court, are (as is abovesaid) the Lord chancellor or Keeper of the broad Seal, twelve Masters of the Chancery, whereof the Master of the rolls is one and the chief, the six Clerks, the Examiner's, a Sergeant at arms, the Marshal, and crier of the court, the clerks of the courts, otherwise called Courseters, the clerks of the petty bag, the clerk of the crown, the clerk of the hanaper, the protonotary or register, the controller of the hanaper, the clerk of appeals, the sealer, the ch 〈…〉 axe, the clerk of the facult 〈…〉 the clerk of the patents, clerk of the star chamber, clerk of presentations, clerk of dismissions, clerk of licenses to alienate, clerks of the enrolments, clerk of the protections, clerk of the court of wards, clerk of the sub penaes, which see described in their places.  
chapel, (capella) cometh of the French (chapelle. i. aedicula) and is of 2. sorts, either adjoining to a Church, as a parcel of the same, which men of worth do build, ut ibidem familiaria sepulchra sibi constituant, to the use of the Romans. l. 5. Π. de religio. or else separate from the mother church, where the parish is wide, and is commonly called a chapel of case: because it is builded for the case of one or more parishioners that dwell over far from the Church, and is served by some inferior curate provided at the charge of the rector, or of them that have benefit by it, as the composition or custom is. Whence the word is derived the Canonists differ in opinion. Rebuffus' de pacif. possess. nu. 104. saying, that some take it (à capiendo laicot) others (à capra) because it representeth those cottages, which men were wont to cover over with goats skins. Petrus Gregorius in suo syntagma. te. li. 15. ca 29. hath these words of this thing: Capellanus à capellania & capella, cui praeficitur, nominatur: item ab officio seu beneficio & capellania. Capella aliquibus dicta, quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos, vel capiens laudem: vel secundùm praepositum, a cappa Divi Martint, aut a caprivis pellibus, quibus olim altaria tegebantur secundùm Archidiaconum. Arbitrarer & a simplici tecto, quo oratorium campestre operitur, lateribus undiquaque patentibus & patulis. Tectum enim Gallis simpliciter dicitur (chapelle) a capite. unde & formata aliqua nomina (chapean, cape, etc.) Aut capella locus qui minoris spatii sit quam ecclesia, quòd tot homines non capiat, ut ecclesia. Ita altare capella est. ca quaesitum, & ca penult. i. quaest. 3. johan. Andraeas. in ca i. de success. ab intesta. & praebenda cum onere quotidie celebrandi sacram liturgiam. ca significatum. 11. de praebend & oratorium. ca authoritate: de privilegiis. in 6. quòd in co loco orationes non aliae res profanae peragi debeant. ca pen. & fina. 42. distinct. The same author in his book de beneficiis. ca 11. nu. 10. hath these words: Dicti porro primitùs capellani, a cappa Sancti Martini, quam Reges Francorum ob adiutorium in praelus solebant secum habere: quam ferentes & custodientes cum caeteris sanctorum reliquiis clerici, capellani caeperunt vocari. ur omnia refert Valafridus Strabo. Abbas Augensis. ca fina. de incrementis rerum ecclesiastica.  
There is of these chapels one kind called a free chapel, which seemeth to be such as hath maintenance perpetual toward the vphoulding thereof, and wages of the curate, by some land charitablely bestowed on it, without the charge of the rector or parish. anno. 37. H. 8. cap. 4. anno. 1. Ed. 6. ca 14.  
Chapellaine, (capellanus) is he that performeth divine service in a chapel. and therefore in our common law, it is used most ordinarily for him, that is depending upon the king, or other man of worth, for the instruction of him and his family, the executing of prayers and preaching in his private house, where commonly they have a chapel for that purpose. as anno. 21. H. 8. ca 13. where it is set down what persons may privilege one or more chaplains, to discontinew from their benefices, for their particular service.  
chapters, (capitula) cometh of the French (chapter. 1. caput libri) It signifieth in our common law, a summary or content of such matters, as are to be inquired of or presented before justices in Eyre, justices of assize, or of peace in their sessions. So is it used., anno. 3. Ed. 1. ca 27. in these words: and that no clerk of any justice, Escheatour, or Commissioner in Eyre, shall take any thing for delivering chapters, but only clerks of justices in their circuits: and again anno. 13. eiusdem. ca 10. in these words: and when the time cometh, the shreeve shall certify the chapters before the justices in Eire, how many writs he hath and what etc. Britton likewise useth the same word in this signification. ca 3. chapters or (capitula) be now called articles most ordinarily, and are delivered as well by the mouth of the justice in his charge, as by the clerks in wrighting to the inquest; whereas in ancient times (as appeareth by Bracton and Britton) they were after an exhortation given by the justices for the good observation of the laws and king's peace, first read distinctly and openly in the whole court, and then delivered in writing to the grand inquest. And the same order doth M. Lamberd wish to be kept in these days also. Eirenar. li. 4. ca 4. pa. 393. Horn in his mirror of justices calleth them articles, and expresseth what they were wont to contain. li. 3. ca des. articles in Eire. An example of these chapters or articles, you have in the book of assizes, fo. 138. nu. 44. as also in Roger Hoveden, part poster. suorum annal. in Richardo primo. fo. 423.  
Chapter. (capitulum) signifieth in our common law (as in the canon law, whence it is borrowed) congregationem clericorum in ecclesiae cathedrali, conventuali, regulari, vel collegiata: and in another signification, locum in quo fiunt communes tractatus collegiatorum. It hath other significations, though not greatly worth the repeating in this place, which you may read in Linwods provineials. glos. in ca quia in continentiae. de constitutionibus. verb. Capitulis. Why this collegiat company should be called (capitulum) of the canonists, a man may make a question: and for answer, it may be said, that it is metaphorically so termed the word originally signifying a little head. For this company or corporation is a kind of head, not only to rule and govern the diocese in the vacation of the Bishopric, but also in many things to advise the Bishop, when the See is full. See Panormitan. in ca capitulum. extra de rescriptis.  
Charta perdonationis se defendendo, is the form of a pardon for slaying another in a man's own defence. Register. original. fo. 287.  
Chartae perdonationis utlagariae, is the form of a pardon for a man thatis outlawed. Reg. orig. fo. 288. 38●.  
Charter (charta) cometh of the French (charters. i. instrumenta) It is taken in our law, for written evidence of things done between man and man, whereof Bracton lib. 2. 〈◊〉 ca 16. num. 1. saith thus: Fiunt aliquando donationes in scriptis, sicut in chartis, ad perpetuam rei memoriam, propter brevem hominum vitam, etc. & a little after: nu. 12. Et sciendum, quòd chartarum alia regia, alia privatorum; & regiarum alia privata, alia communis, & alia universalis. Item privatorum, alia de puro feoffamento & simplici, alia de feoffamento conditionali sive conventionali: & secundùm omnia genera feoffamentorum fieri potest. Item privatorum alia de recognitione puravel conditionali. Item alia de quiete-clamantia: Item alia de confirmatione, etc. and so through the chapter. Britton likewise in his 39 chapter, divideth charters into the charters of the King, and charters of private persons. Charters of the King are those, whereby the King passeth any grant to any person or more, or to any body politic: as a charter of exemption that a man shall not be empaneled upon any jury. Kitchen. fo. 114. & fo. 177. charter of pardon, whereby a man is forgiven a felony, or other offence committed against the King's crown and dignity. Broke. tit. charter of pardon. Charter of the forest, wherein the laws of the forest are comprised. anno. 9 H. 3. Cromptons' Iurisd. fo. 〈◊〉 47. Pupilla oculi. part. 5. ca 22. Manwood. part. 1. of his forest laws. fo. i. where he setteth down the charters of of Canutus. and fo. 17. where he hath set down that which was made. anno 9 H. 3. with the charter of the forest which we use, M. Skene saith, that the laws of the forest in Scotland do agree. de verbo. signif. verbo. Venison. Charter of land. Broke. codem titulo. That which we call a charter, the Lombard's in libris feudalibus, call praeceptum (praeceptionem) Hotama. verbo praeceptum. in verbis feudalibus. Of these charters you have also a long discourse in Fleta. li. 3. ca 14. who expoundeth every substantial part of a deed of gift particularly in order.  
Charter land, (terra per chartam) is such sa a man holdeth by charter, that is, by evidence in writing; otherwise called freehold. anno 19 H. 7. ca 13. and kitchen. foe 86. & these in the Saxons time, were wont to be called (bockland) Idem. fo. 89. and Lamberd in his explication of Saxon words. verbo Terra ex scripto which was held, as he there saith, with more commodious & easier conditions, than (folkland) was: that is land held without writing. And the reason he giveth, because that was haereditataria, libera, atque immunis: whereas fundus sine scripto censum pensitabat annuum, atque officiorum quadam servitute est obligatus. Prioremviriplerunque nobiles atque ingenui, posteriorem rustici ferè & pagani possidebant. Illam nos vulgò freehold & per chartam, hanc ad voluntatem domini appellamus. Thus far M. Lamberd.  
Charter party (charta partita) is nothing but that which we call a pair of indentures, containing the covenants and agreements made between merchants, or sea faring men touching their marine affairs. anno 32. H. 8. cap. 14.  
Chartis reddendis, is a writ, which lieth against him that hath charters of feoffment delivered him to be kept, and refuseth to deliver them. old. nat. br. fo. 66. Register orig. fo. 159.  
Chase. See chase.  
chatel. See Catell.  
Chawnce medley (Infortunium) cometh of 2. french words (chance. i. lapsus) and (mesler. i. miscere) It signifieth in our common law, the casual slaughter of a man, not altogether without the fault of the slayer. Stawnf. pl. cor. li. 1. ca 8. calleth it homicide by misadventure, West. calleth it homicide mixed. part. 2. symbol. titulo Indictments. sect. 50. and there defineth it thus: Homicide mixed is, when the killers ignorance or negligence is joined with the chance: as if a man lop trees by an high way side, by which many usually travel, and cast down a bow, not giving warning to take heed thereof, by which bow one passing by is slain: In which case he offendeth, because he gave no warning, that the party might have taken heed to himself. See Skene de verbo: signify. verbo Melletum.  
Chaungeour, is an officer belonging to the King's mint, whose function seemeth especially to consist, in exchanging coin for gold or silver in the mass, brought in by merchants or others. anno 2. H. 6. ca 12.  
Chawntery, (cantaria) is a Church or chapel endued with lands or other yearly revenewe, for the mantenance of one or more priests, daily to sing mass for the souls of the donors, and such others, as they do appoint. anno 37. H. 8. ca 4. anno 1. Fd. 6. ca 14.  
Check roll, seemeth to be a roll or book, that containeth the names of such, as are attendants and in pay to great personages, as their household servants. It is otherwise called the chequer roll. anno 24. H. 8. ca 13. anno 3. H. 7. ca 13. & seemeeths to have one etymology with exchequer. Which see.  
Chevage, (chevagium) cometh of the French (chef. i. caput) It signifieth with us, a sum of money paid by villeins to their Lords, in acknowledgement of their slavery. Whereof Bracton li. 1. ca 10. saith thus: chevagium dicitur recognitio in signum subiectionis & dominij de capite suo. It seemeth also to be used, for a sum of a money, yearly given by a man to another of might & power, for his avowement, maintenance, and protection, as to their head or leader. M. Lamberds li. 2. ca 5. etrenarch. writeth it (chivage) or rather (chiefage)  
Chevisance, cometh of the French (chevir. i. venir a chef de de quelque chose) to come to the head or end of a business, to perfect a matter. This word is used for bargaining. anno 37. H. 8. ca 9 & anno. 13. Eliza. ca 5. & 8. an. 10. R. 2. cap. 1. & anno 3. H. 7. cap. 5.  
Chief. See Capite.  
Chief pledge (plegius, vel vas capitalis) an. 20. H. 6. ca 8. For the understanding of this word, See Borowhead.  
Childwit, cometh of the Saxon word (child), and (wit) which some say, in that tongue, is a termination of certain words without signification, as (dom) in (christendom) or (hood) in (childhood) with us. But for the signification of (wit) see Bloodwit) Childwit signifieth a power to to take a fine of your bondwoman begotten with child without your consent. Rastall. exposit. of words.  
Chimin, (chiminus) cometh from the French (chemin. i. aditus, via) and signifieth in our common law, a way. It is divided into two sorts: the King's high way, and a private way. kitchen. fo. 35. The King's high way (chiminus regius) is that, by which the King's subjects, and all others under his protection, have free liberty to pass, though the property of the soil of each side, where the way lieth, may perhaps belong to some private man. A way private is that, by which one man or more have liberty to pass, either by prescription or by charter, through another man's ground. And this is divided into chymin in gross, and chymin appendent. kitchen. fo. 177. Chymin in gross is that way, which a man holdeth principally and solely in itself: chimin apendant is that, which a man hath adjoined to some other thing as appertinent thereunto. For example, if a man hire a close or pasture, and covenant for ingress and egress to and from the said close, through some other ground, by the which otherwise he cannot pass. Or chimin in gross may be that, which the Civilians call personal: as when one covenanteth for a way through another man's ground, for himself and his heirs: chimin appendent, on the otherside, may be that which they call real: as when a man purchaseth a way through another mansground, for such as do or shall dwell in this or that house for ever, or be owners of such a manner.  
Chiminage, (chiminagium) signifieth a tolle for wayfarage through the forest. Cromptons'. Iurisd. fo. 189. and Manwood. farte. 1. of his forest laws. pa. 86. See Chimin. The Feudists call it, pedagium. See Chimin.  
Chirographer of fines (chirographus finium & concordiarum) cometh of the greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) which signifieth a wrighting of a man's own hand, whereby he acknowledgeth a dept to another. It signifieth in our common law, him in the common bench office, that engrosseth fines in that court acknowledged, into a perpetual record, after they be acknowledged, and fully passed by those officers, by whom they are formerly examined; and that writeth and delivereth the indentures of them unto the party anno. 2. H. 3. ca 8. and West Symbol: part. 2. titulo. fines. sect. 114. & 129. Fitzh. nat. br. fo. 147. A. This officer also maketh two indentures, one for the buyer, another for the seller; and maketh one other indented piece, containing also the effect of the fine, which he delivereth over to the custos brevium, that is called the foot of the fine. The Chirographer also, or his deputy, doth proclaim all the fines in the court every term, according to the Statute; and then repairing to the office of the custos brevium, there indorseth the proclamations upon the backside of the foot thereof: and alway keepeth the writ of covenant, as also the note of the fine.  
Chivage. See Chevage.  
Chivalry, (servitium militare) cometh of the French (chevalier. i. eques) and signifieth in our common law, a tenure of land by knight's service. For the better understanding whereof, it is to be known, that there is no land, but is holden mediately or immediately of the Crown, by some service or other: and therefore are all our free-houlds that are to us and our heirs, called (feuda) feeze, as proceeding from the benefit of the King, for some small yearly rent, and the performance of such services, as originally were laid upon the land at the donation thereof. For as the king gave to the great Nobles his immediate tenants, large possessions for ever, to hold of him for this or that rent and service: so they again in time parceled out to such as they liked, their lands so received of the king's bounty, for rents and services, as they thought good. And these services are all by Litleton divided into two sorts chivalry, and socage. The one is martial and military, the other clownish and rustical. Chivalry therefore is a tenure or service, whereby the tenant is bound to perform some noble or military office unto his Lord, and is of two sorts: either regal, that is, such as may hold only of the king: or such as may also hold of a common person, as well as of the king. That which may hold only of the King, is properly called servitium, or sergeantia: and is again divided into grand or petit, i great or small. Great, commonly called grand sergeanty, is that where one holdeth lands of the King by service, which he ought to do in his own person unto him as to bear the king's banner or his spear, or to lead his host, or to be his Marshal, or to blow a horn, when he seeth his enemies invade the land, or to find a man at arms to fight within the four Sease, or else to do it himself, or to bear the king's sword before him at his coronation, or at that day to be his sewer, carver, butler, or chamberlain. Litleton tit. sergeanty. Petit sergeanty, is where a man holdeth land of the king, to yield him yearly some small thing toward his wars, as a sword, dagger, bow, knife, spear, pair of gloves of mail, a pair of spurs, or such like. Litleton. titulo petit Sergeanty. Chivalry, that may hold of a common person as well as of the king, is called (scutagium) escuage, that is service of the shield. And this is either uncertain or certain. Escuage uncertain is likewise twofold: first, where the tenant by his tenure, is bound to follow his lord going in person to the king's wars against his enemies, either himself, or to send a sufficient man in his place, there to be maintained at his cost so many days, as were agreed upon between the lord and his first tenant at the granting of the see. And the days of such service seem to have been rated by the quantity of the land so holden: as if it extend to a whole knight's fee, than the tenant was bound thus to follow his lord forty days. And a knight's fee, was so much land, as in those days was accounted a sufficient living for a knight: and that was 680 acres, as some opinion is, or 800 as others think: or 15 pounds per annum. Camden's Briton. pa. 110. in meo. S. Thomas Smyth sayeth, that census equestris is 40. pounds revenue in free lands. If the law extend but to half a knight's fee, than the tenant is bound to follow his lord, as above is said, but twenty days. If to a fourth part, than ten days. Fitzh. nat. br. fo. 83. C. & 84. C. E. The other kind of this escuage uncertain is called castelward: where the tenant by his land is bound, either by himself, or by some other, to defend a castle, as often as it shall come to his course. Escuage certain, is where the tenant is set at a certain sum of money, to be paid in am of such uncertain service, as that a man shall yearly pay for a Knight's Fee, 20. shillings, Stow annal. pag. 238. for half a Knight's Fee, ten shillings, or some like rate. And this service, because it is drawn to a certain rent, groweth to be of a mixed nature: not merely socage, for that it smelleth not of the plough, and yet so cage in effect: being now neither personal service, nor uncertain, Litleton, titulo Secage. This tenure called chivalry, hath other conditions annexed unto it; as homage, fealty, wardship, relief, and marriage. Bracton. li. 2. ca 35. which what they signify, look in their places. Chilualry is either general or especial. Dier. fo. 161. nu. 47. General seemeth to be, where only it is said in the feoffment, that the tenant holdeth per seruitium militare, without any specification of sergeanty, escuage, etc. Special, that which is declared particularly what kind of knight's service he holdeth by.  
Choral, (choralis) seemeth to be any that by virtue of any of the orders of Clergy, was in ancient time admitted, to sit and serve God in the Quire, which in Latin is termed Chorus.  
Chose, (res) is the French word as general as (thing) is with us. It is in the common law, used with divers epithets worthy the interpretation: as, chose local, is such a thing as is annexed to a place. For example: a mill is chose local, Kitchen fol. 18. Chose transitory, in the same place seemeth to be that thing which is movable, and may be taken away, or carried from place to place. Chose in action, is a thing incorporeal, and only a right: as an annuity, an obligation of debt, a covenant, or vowcher by warranty. Broke titulo. Chose in action. And it seemeth, that chose in action, may be also called chose in suspense, because it hath no real existence or being, neither can be properly said to be in our possession. Broke ibid.  
Churchwardens (Ecclesiarum gardianis) be Officers yearly chosen, by the consent of the Minister and parishioners, according to the custom of every several place, to look to the church, churchyard, and such things, as belong to both, and to observe the behaviours of their parishioners for such faults as appertain to the jurisdiction or censure of the court ecclesiastical. These be a kind of corporation, enabled by law, to sue for any thing belonging to their church, or poor of their parish. See Lamberd in his pamphlet of the duty of Churchwardens.  
Churchesset, is a word that I find in Fleta. lib. 1. cap. 47 in fine. whereof he thus writeth: Certam mensuram bladi tritici significat, quam quilibet olim sanctae Ecclesiae die Sancti Martini tempore tam Britonum quam Anglorum contribuerunt. Plures tamen magnates, post Romanorum adventum, illam contributionem secundum veterem legem Moysi nomine primitiarum dabant: prout in brevi regis Knuti, ad summum Pontificem transmisso, continetur, in quo illam contributionem, (chirchsed) appellant, quasi semen Ecclesiae.  
cinnamon (cinamomum) is a tree, whereof the bark is known to be a pleasant, comfortable, and medicinal spice, which you have described in Gerard's Herbal. lib. 3 cap. 142. This is reckoned among garbleable spices, an. 1. jac. cap. 19  
Cinque ports (quinque portus) be those special havens, that lie toward France, and therefore have been thought by our kings, from time to time, to be such as aught most vigilantly to be observed against invasion. In which respect, the places where they be, have an especial governor or keeper, called by his office Lord Warden of the Cinque ports: and diverse privileges granted unto them, as a particular jurisdiction, their Warden having the authority of an Admiral among them, and sending out writs in his own name. Crompton in his jurisdictions, fol. 28. nameth the Cinque ports, Dover, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe: whereof some, because the number exceedeth five, must either be added to the first institution, by some later grant, or be accounted as appendents to some of the rest. See Garden of the Cinque ports: and the Statute anno 32. H. 8. cap. 48.  
Circuit of action, (circuitus actionis) is a longer course of proceeding, to recover the thing sued for, then is needful. See the new Terms of law.  
Circumstantibus, is a word of art, signifying the supply or making up of the number of jurors, (if any empaneled appear not, or appearing, be challenged by either party) by adding unto them so many other of those that are present or standing by, as will serve the turn, v. ann. 35. H. 8. cap. 6. and anno 5. Elizab. cap. 25.  
City (civitas) cometh of the French (citè) and signifieth with us, as it doth in other regions, such a town corporate, as hath a Bishop and a cathedral church. For Lucas de Penna lege unica, tituli, De Metropol. Beryto. ti. 21. lib. 10. Cod. hath these words: Idem locus, urbs, civitas, & oppidum appeliatur. (Pro quo est etiam infra. De spectaculis. l. Nemo.) Civitas enim dicitur, quatenus cum justitia & magistratuum ordine gubernatur, oppidum, quaetenus est ibi copia incolarum: & urbs, quatenus muris debito more cingitur. Proprie autem dicitur civitas, quae habet Episcopum. Supra de Episcop. & Cleri. l. Nulli. Aliâs dicitur generaliter omnis habitatio plurimorum, quae muro cingitur. Π. de verb. signif. lib. 2. & de penu lega. l. Nam quod. §. St ita. Sed strict loquendo, si Episcopo caret, dicitur urbs. Π. de verb. signif. l. Pupillus. §. Oppidum, etc. Yet M. Crompton in his jurisdictions, where he reckoneth up the cities, leaveth out Elye, though it have a bishop and a cathedral Church, and putteth in Westminster, though now it have no bishop. And anno 35. Eliza. ca 6. Westminster is called a city, anno 27. eiusd. cap. 5. Of the Statutes not printed, it is alternatively termed a city or borrow. It appeareth by the Statute, 35. H. 8 cap. 10. that then there was a bishop of Westminster. Civitas, according to Aristotle, lib. 3. politicorum. ca pri. is defined to be a certain or uniform government of the inhabitants. & Caesar civitatem vocat populum eodem iure utentem. Camd. Briton. pa. 310. But this is the general definition of a common wealth, and not of a city, at the least, as we now a days particularly take it. For over and beside that which is above said, Cassanaeus in consuetudi. Burg. pa. 15. saith, that France hath within the territories of it, 104. cities, and giveth reason of this his saying, because there be there so many seats of Archbishops and bishops.  
Clack, as to clack, force, and bard, alias, beard good wools. anno. 8. H. 6. ca 22. whereof the first, viz. to clack wool, is to cut of the sheeps mark, which maketh it to weigh less, and so yield the less custom to the king, to force wool, is to clip of the upper and more hairy part of it, to bard or beard it, is to cut the head and neck from the rest of the fleece.  
Clamea admittenda in itinere per Atturnatum, is a writ whereby the king commandeth the justices in eyre to admit of ones claim by Attorney, that is employed in the king's service, and cannot come in his own person. Regist. orig. fol. 19 b.  
Claim (clameum) is a challenge of interest in any thing that is in the possession of another, or at the least out of his own: as, claim by charter, claim by descent, old nat. br. fol. 11. Si dominus infra annum clameum qualitercunque apposuerit: Bracton. lib. 1. cap. 10. See the definition & divers sorts of claim in Plowden. Casu Stowel. fol. 359. a.  
Clarentius. See Herald.  
Clorgie (clerus, clericatus) is diversly taken: sometime for the whole number of those, that are de Clero domini) of the Lords lot or share, as the tribe of Levy. was in judaea: some time for a plea to an indictment, or an appeal, and is by Stawnf. pl. cor. li. 2. ca 41. thus defined. Clergy is an ancient liberty of the church, which hath been confirmed by divers parliaments, and is, when a priest, or one within orders, is arraigned of felony, before a secular judge, he may pray his clergy. which is as much, as if he prayed to be delivered to his ordinary, to purge himself of the offence objected. And this might be done in case of murder. Coke. li. 4. fo. 46. a. This liberty is mentioned in articulis cleri. anno. 9 Ed. 2. ca 16. and what persons might have their clergy, and what not, see Stawnf. pl. cor. li. 2. ca 42. & 43. Howbeit there be many statutes made sithence he writ that book, whereby the benefit of clergy is abridged. as anno. 8. El. ca 4. anno. 14. eiusdem. ca 5. anno. 18. eiusd. cap. 4. 6. 7. & anno 23. eiusd. cap. 2. a. 29. eiusd. c. 2. anno 31. eiusd. ca 12. a. 39 eiusd. ca 9 & ca 15. Of this see Cromptons' justice of peace, fo. 102. 103. 104. 105. and Lamberds Eirenarcha. li. 4. ca 14. pa. 543. And note by the way, that the ancient course of the law in this point of clergy, is much altered. For by the statute anno. 18. Eliza. ca 7. clerks be no more delivered to their ordinaries to be purged, but now every man, though not within orders, is put to read at the bar, being found guilty, and convicted of such felony as this benefit is still granted for: and so burnt in the hand and set free for the first time, if the ordinaries commissioner or depute standing by do say: (legit ut clericus) or otherwise suffereth death for his transgression.  
Clerico addmittendo, is a writ directed to the bishop, for the admitting of a clerk to a benefice upon a (Ne admittas) tried & found for the party that procureth the writ. Regist. orig. fo. 31. 6.  
Clerico captoper statutum mercatorum, etc. is a writ for the delivery of a clerk out of prison, that is imprisoned upon the breach of a statut merchant. Register orig. fo. 147.  
Clerico convicto commisso gaolae in defectu ordinarii deliberando, etc. is a writ for the delivery of a clerk to his ordinary, that formerly was convicted of felony, by reason his ordinary did not challenge him according to the privilege of clerks. Register. orig. fo. 69. a.  
Clerico infra sacros ordines constituto non elegendo in officium, is a writ directed to the bay lifts, etc. that have thrust a bailiwick or bedelship upon one in holy orders, charging them to release him again. Register orig. fo. 187. b.  
Clerk (clericus) hath two significations: one, as it is the title of him, that belongeth to the holy ministry of the church, that is (in these days) either minister, or deacon, of what other degree or dignity soever: though according to former times, not only sacerdotes & diaconi, but also, subdiaconi, cantores, acolyti, exorcistae, & ostiarii were within this account, as they be at this day, where the canon law hath full power. And in this signification, a clerk is either relegious (otherwise called regular) or secular. anno. 4. H. 4. ca 12. The other signification of this word, noteth those, that by their function or course of life, practise their pen in any court or other wise; as namely, the clerk of the rolls of parliament, clerks of the Chancery, and such like, whose peculiar offices I purpose to set down in order, according to that knowledge that I could procure of them.  
Clerk of the parliament rolls, (clericus rotulorum Parlamenti) is he that recordeth all things done in the high court of Parliament, and engrosseth them fairly into parhement rolls, for their better keeping to all posterity. Of these there be two, one of the higher, another of the lower or common house, Cromptons' Iurisd. fol. 4. & 8. Smith de rep. Anglor. pag. 38. See also Vowels book touching the order of the Parliament.  
Clerk of the crown in the chancery (clericus Coronae in Cancellaria) is an officer there, that by himself or his deputy, is continually to attend the Lord chancellor, or Lord Keeper, for special matters of estate by commission, or the like, either immediately from his majesty, or by order of his privy council, as well ordinary as extraordinary. viz. commissions of lievetenancies, of justices errant, and of assizes, of oyer and terrainer, of gaol delivery, of the peace, and such like, with their writs of association, and dedimus potestatem, for taking of oaths. Also all general pardons upon grants of them at the king's coronation, or at a parliament, where he sitteth in the higher house at the Parliament time; the writs of parliament, with the names of knights and burgesses, which be to be returned into his office. He hath also the making of all special pardons, and writs of execution, upon bonds of statute of the Staple forfeited: which was annexed to his office in the reign of Queen Mary, in consideration of his continual and chargeable attendance: both these before being common for every coursitour, and clerk of court to make.  
Clerk of the Crown (clericus Coronae) is a clerk or officer in the King's bench, whose function is to frame, read, and record all indictments against traitors, felons, and other offenders there arraigned upon any public crime. He is otherwise termed Clerk of the Crown office. And anno. 2. H. 4. ca 10. he is called clerk of the crown of the king's bench.  
Clerk of the extreates (clericus extractorum) is a clerk belonging to the exchequer, who termely receiveth the extreats out of the Lord treasurers remembrancer his office, and writeth them out to be levied for the king. He also maketh ceduls of such sums extreated, as are to be discharged.  
Clerk of assize (clericus assisae) is he, that writeth all things judicially done by the justices of assize in their circuits. Cromptons' Iurisd. fo. 227.  
Clerk of the peel (clericus pellis) is a clerk belonging to the exchequer, whose office is, to enter every tellers bill into a parchment roll called (pellis receptorum) and also to make another roll of payments, which is called (pellis exituum) where in he setteth down, by what warrent the money was paid.  
Clerk of the warrants (clericus warrantorum) is an officer belonging to the court of common pleas, which entereth all warrants of attorney for plaintiff and defendant, and enroleth all deeds of indentures of bargain and sale, which are acknowledged in the court, or before any judges out of the court. And he doth extreate into the exchequer, all issues, fines, and amercements, which grow due to the king any way in that court, and hath a standing fee of ten pound of the king, for making the same extreats. See Fitzh. nat. br. fo. 76. in prin.  
Clerk of the petit bag (clericus parvae bagiae) is an officer of the chawncerie, of which sort there be three, and the master of the Rolls their chief. Their office is to record the return of all inquisitions out of every shire, all liveries granted in the court of wards, all ouster les mains, to make all patents of customers, gawgers, controllers, and aulnegers, all congee d' eslires for Bishops, all liberateis upon extents of statute staples, the recovery of Recognizances forfeited, and all Elegits upon them, the summons of the nobility, clergy, and burgesses to the Parliament; commissions directed to knights and other of every shire for seassing of the subsidies. Writs for the nominations of collectors for the fiftenthes, and all traverses upon any office, bill or otherwise, and to receive the money due to the king for the same. This officer is mentioned. anno 33. H. 8. ca 22.  
Clerk of the King's great wardrobe (clericus magnae garderobae regis) is an officer of the King's house, that keepeth an account or inventary in writing, of all things belonging to the king's wardrobe. This officer is mentioned. anno 1. Ed. 4. ca 1.  
Clerk of the market (clericus merketi) is an officer of the king's house. anno 1. Ed. 4. cap. 1. & anno 13. R. 2. ca 4. whose duty is to take charge of the king's measures, and to keep the standards of them, (that is) the examples of all the measures that ought to be through the land: as of elns, yards, lagens, as quarts, pottels, gallons, etc. of weights, bushels, and such like, and to see, that all measures in every place, be answerable unto the said standard, Fleta. li. 2. ca 8. 9 10. 11. 12. of which office, as also of our diversity of weights and measures, you may there find a treatise worth the reading. Britton also in his 30. chapter saith in the King's person, to this effect: we will that none have measures in the realm but we ourselves: but that every man take his measures and weights from our standards: and so goeth on with a tractat of this matter, that well showeth the ancient law and practice in this point. Touching this officers duty, you have also a good statut. anno 13. R. 2. cap. 4.  
Clerk of the King's silver (clericus argenti Regis) is an officer belonging to the court of common pleas, unto whom every fine is brought, after it hath been with the custos brevium, and by whom the effect of the writ of covenant is entered into a paper book; and according to that note, all the fines of that term are also recorded in the rolls of the court. And his entry is in this form: He putteth the Shire over the margin, and then saith. A. B. dat domino regi dimidiam merkam (or more, according to the value) pro licentia concordandi. C. cum C. D. pro talibus terris, in tali villa, & habet chirographum per pacem admissum etc.  
Clerk of the peace (clericus pacis,) is an officer belonging to the sessions of the peace: His duty is, in the sessions to read the endictments, to enrol the acts, and draw the process: to record the proclamations of rates for servants wages, to enrol the discharge of apprentices, to keep the counterpane of the indenture of armour, to keep the register book of licences, given to badgers and laders of corn, & of those that are licenced to shoot in guns, & to certify into the king's bench transcripts of indictments, outlawries, attainders, and convictions had before the justices of the peace, within the time limited by statute. Lamberds eirenarcha. li. 4. ca 3. fo. 379.  
Clerk of the signet (clericus signetti) is an officer attendant continually on his majesties principal secretary, who always hath the custody of the privy signet, as well for sealing his majesties private letters, as also such grants as pass his majesties hands by bill assigned. Of these there be four that attend in their course, and have their diet at the Secretary's table. More largely you may read of their office, in the statute made anno 27. H. 8. ca 11.  
Clerk of the privy seal (clericus privati sigilli) is an officer (whereof there be four in number) that attendeth the Lord keeper of the privy seal, or if there be none such, upon the principal Secretary, writing and making out all things that be sent by warrant from the signet to the privy seal, and are to be passed to the great seal: as also to make out (as they are termed) privy seals, upon any especial occasion of his majesties affairs; as for loan of money, or such like. Of this officer, and his function, you may read the statute anno. 27. H. 8. ca 11. He that is in these days called the Lord keeper of the privy seal, seemeth in ancient time to have been called clerk of the privy seal, and to have been reckoned in the number of the great officers of the realm. Read the statute. anno. 12. R. 2. ca 11.  
Clerk of the juries or iurata writs (clericus iuratorum) is an officer belonging to the court of the common pleas, which maketh out the writs called (habeas corpora) and (distringas) for appearance of the jury, either in court or at the assizes, after that the jury or panel is returned upon the (venire facias). He entereth also into the rolls the awarding of these writs, and maketh 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 king's exchequer, who having all accounts and debts due to the king delivered and drawn down out of the Remembrancers offices, chargeth them down into the great roll: who also writeth summons to the shreeve, to levy the said debts upon the goods and cattles of the debtors: and if they have no goods, then doth he draw them down to the L. treasurers remembrancer, to write extreats against their lands. The ancient revenue of the Crown, remaineth in charge afore him, & he seeth the same answered by the farmers & shreeves to the King. He maketh a charge to all shreeves of their summons of the pipe and green-wax, and seeth it answered upon their accounts. He hath the drawing and engrossing of all leases of the King's land.  
Clerk of the hamper or hanaper (clericus hanaperij) is an officer in chawncerie, anno 2. Fd. 4. ca 1. otherwise called warden of the hamper, in the same statute, whose function is, to receive all the money due to the king's majesty, for the seals of charters, patents, commissions, and writs, as also feeze due to the officers for enrolling & 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, etc. after they be sealed by the Lord chancellor, and those bags being sealed up with the lord Chancelers private seal, are to be delivered to the controller of the hanaper, who upon receipt of them, doth as you shall read in his office. This hanaper representeth a shadow of that which the Romans termed (fiscum) that 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 privilege belonging unto them) ought to siew or be siewed upon any action.  
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 maketh out all the records of Nisi prins, hath the fees due for all searches, and hath the certifiing of all records into the the king's bench, when a writ of error is brought; and maketh out all writs of (Supersideas de non molestando) which are granted for the defendants, while the writ of error hangeth. Also he maketh all exemplications of records being in the treasury. He is taken to be the servant of the chief justice, and removable at his pleasure: whereas all other officers are for term of life. There is also a Secondary, or under clerk of the treasury for assistance, which hath some allowances. There is likewise an under keeper, who alway keepeth one key of the treasury door, & the chief clerk of the secondary another: so the one cannot come in without the other.  
Clerk of essoines, (clericus essoniorum) is an officer belonging to the court of common pleas, who only keepeth the essoines roll, and hath for entering every essoin, six pence, and for every exception to bar the essoin, 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 of them again, when they be written, and the binding and making up of the whole bundles of every term: and this he doth as servant to the chief justice. For the chief justice is at charge for all the parchment of all the rolls.  
Clerk of the outlawries, (clericus utlagariarum) is an officer belonging to the court of common pleas, being only the servant or deputy to the king's attorney general, for making out the writs of (capias utlagatum) after outlawry. And the king's atturneiss name is to every one of those writs. And whereas seven pence is paid for the seal of every other writ betwixt party & party, there is but a penny paid for the seal of this writ, because it goeth our at the King's suit.  
Clerk of the sewers, (clericus sucraerum) is an officer appertaining to the commissioners of sewers, writing all things that they do by virtue of their commission, for the which See Sewers: and see the statute anno 13. Elizabe. ca 9  
Clerk controller of the king's house, (whereof there be two) is an officer in court, that hath place and seat in the counting house and authority to allow or disallow the charges and demands of pursuivants or messengers of the green cloth, purveiours, or other like. He hath also the oversight and controlling of all defaults, defects and miscarriages of any the inferior officers, and to sit in the counting house with the superior officers, viz. the L. Steward, treasurer, controller and cofferer. either for correcting or bettering things out of order; and also for bringing in country provision requisite for the King's household: and the censure for failing of carriages and carts warned & charged for that purpose. This officer you have mentioned. anno. 33. H. 8. ca 12.  
Clerk of the Nihils (clericus nihilorum) is an officer in the Exchequer, that maketh a roll of all such sums, as are nihiled by the shreeves upon their estreats of green wax, and dilivereth the same into the Lord treasurers remembrancer his office, to have execution done upon it for the king.  
Clerk of the check, is an officer in court, so called, because he hath the check and controlment of the yeomen of the 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 nightly by himself or depute, taketh the view of those that are to watch in the court, and hath the setting of the watch. This officer is mentioned. anno. 33. H. 8. ca 12.  
Clerk martial of the king's house, seemeth to be an officer that attendeth the martial in his court, and recordeth all his proceedings, anno 33. H. 8. cap. 12.  
Cloth of ray. anno 27. Ed. 3. sta. 1. cap. 4.  
Closhe, is an unlawful game forbidden by the statute, anno 17. Ed. 4. cap. 3. which is casting of a bowl at nine pings of wood, or nine shank bones of an ox or horse.  
Clove is the 32. part of a weigh of cheese i 8. pound, anno 9 H. 6. cap. 8.  
Cloves (caryophylli) are a spice known by sight to every man. They be flowers of a tree called (caryophyllus) gathered and hardened by the Sun. Of their nature you may read in Gerard's Herbal. lib. 3. cap. 144. This is comprised among such spices, as be to be garbled, anno 1. jacob. cap. 19  
Cocket (cokettum) is a seal appertaining to the king's custom house, Regist. orig. fol. 192. a. & also ascrow of parchment sealed and delivered by the officers of the custom house to merchants, as a warrant that their merchandise be customed, anno 11. H. 6. cap. 16. which parchment is otherwise called literae de coketto, or literae testimoniales de coketto. Regist. ubi supra. fol. 179. a. So is the word used. anno 5. & 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat. 1. cap. 21. This word is also used for a distinction of bread in the statutes of bread & ale, made anno 51. H. 3. where you have mention of bread coket, wastel bread, bread of treat, and bread of common wheat.  
Cofferer of the King's household, is a principal officer of his majesties court, next under the Controller, that in the counting house and elsewhere at other times, hath a special charge and oversight of other officers of the household, for their good demeanour and carriage in their offices, to all which one and other, being either Sergeants, Yeomen, grooms, pages, or children of the kitchen, or any other in any room of his majesties servants of household, and payeth their wages. This officer is mentioned. anno 39 Elixab. cap. 7.  
Cogs anno 23. H. 8. cap. 18.  
Conisour of a fine, is he, that passeth or acknowledgeth a fine in lands or tenements to another: Cognise● is he to whom the fine is acknowledged, West. part 2. symbol. titulo Fines. sect. 2.  
Cognizance, cometh from the French (cognisance. i. intelligentia, intellectus, notio, cognitio,) with us it is used diversly: some time signifying a badge of a servingman's sleeve, whereby he is discerned to belong to this or that Noble or Gentleman: sometime an acknowledgement of a fine, or confession of a thing done: as cognoscens latro, Bracton. lib. 3. tract. 2. cap. 3. 20. 32. cognoscere se ad villanum. Idem lib. 4. tractat. 3. cap. 16. As also to make cognisance of taking a distress: sometime as an audience or hearing of a matter judicially, as to take cognisance: sometime a power or jurisdiction, as cognisance 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 show charter for it. Manwood part 1. Of his Forest laws, pag. 68 See the new terms of the law, and the new book of Entries, verbo, Conusance.  
Cognatione. See Cozenage.  
Cognisour, see Conisour.  
Cognitionibus mittendis, is a writ to a justice, or other, that hath power to take a fine, who having taken knowledgement of a fine, deferreth to certify it into the court of common pleas, commanding him to certify it. Regist. orig. 68 b.  
Coin (cuneus, vel cuna) seemeth to come from the French (coin. i. angulus) which probably verifieth the opinion of such, as do hold the ancientest sort of coin to be cornered and not round. Of this Lawyers substantive (cuna) cometh the Lawyer's verb (cunare) i. to coin. Cromptons' justice of peace fol. 220.  
Coliander seed, or rather Coriander seed (Semen coriandri) is the seed of an herb so called, medicinable and wholesome for divers good purposes, which see in Gerard's Herbal. lib. 2. cap. 3. 79. It is numbered among the drugs that be to be garbled, anno 1. jacob. cap. 19  
Collateral (collateralis) cometh of the Latin (lateral) i. that which hangeth by the side. Lateralia viatoria. Π. de lega. & fideium, tertio l. 102. seem to signify a budget or capcase to hang by a saddle pommel. Collateral, is used in the common law, for that which cometh in, or is adhering of the side: as, collateral assurance, is that which is made over and beside the deed itself. For example, if a man covenant with another, and enter bond for the performance of his covenant, the bond is termed collateral assurance: because it is external, and without the nature and essence of the covenant. And Crompton in his Iurisd. fol. 185. saith, that to be subject to the feeding of the king's Deer, is collateral to the soil within the Forest. In like manner may we say, that the liberty to pitch booths or standings for a Fair in another man's ground, is collateral to the ground. The private woods of a common person within a Forest, may not be cut without the king's licence. For it is a prerogative collateral to the soil. Manwood part 1. of his Forest laws, pag. 66. Collateral warranty. See Warranty.  
Collation of a benefice (collatio beneficii) signifieth properly the bestowing of a benefice by the Bishop, that hath it in his own gift or patronage: and differeth from Institution in this, for that Institution into a benefice, is performed by the Bishop at the motion or presentation of another, who is patron of the same, or hath the patrons right for the time. Extra de Institutionibus. & De concessione praebendarum. etc. And yet is collation used for presentation. anno. 25. Ed. 3. stat. 6.  
Collatione facta uni post mortem alterius, etc. is a writ directed to the justices of the common pleas, commanding them to direct their writ to a Bishop, for the admitting of a clerk in the place of another presented by the king, that during the suit between the king and the Bishop's clerk, is departed. For judgement once passed for the king's clerk, and he dying before he be admitted, the king may bestow his presentation upon another, Register orig. fo. 31. b.  
Collatione heremitagii, is a writ whereby the king conferreth the keeping of an ermitage upon a clerk. Register orig. fo. 303 308.  
Colour, (colour) signifieth in the common law, a probable plea, but in truth false, and hath this end, to draw the trial of the cause from the jury to the judges. Of this see two apt examples in the author of the new terms. Verbo Colour. who also referreth you to the Doctor and student. fo. 158. etc. See Broke tit. Colour in assize, trespass etc. fo. 140.  
Collusion, (collusio) is in our common law, a deceitful agreement or compact between two or more, for the one party to bring an action against the other to some evil purpose; as to defraud a third of his right, etc. See the new terms. and Broke titulo. Collusion. See also one case of collusion in the Register orig. fo. 179. a.  
Combat, (duellum) is a french word signifying as much as (certamen, decertatio, dimicatio, discrimen, praelium, pugna) but in our common law, it is taken for a formal trial of a doubtful cause or quarrel, by the sword or bastons of two champions. Of this you may read at large both in divers civilians, as Paris de Puteo, de remilitari & duello. Alciat de duello, Hotomam disputatio. feudalium. ca 42. and others: as also in our common lawyers of England, namely Glanuile. li. 14. ca 1. Bracton. li. 3. tracta. 2. ca 3. Britton ca 22. Horns mirror of justices li. 3. ca des exceptions in fine proxime ante c. juramentum duelli. Dier. fo. 301. nu. 41. & 42. That this also was anciently the law of the Lombard's, before they invaded Italy (which was about the year of our Lord 571 appeareth by Sigonius, in his history De regno Italiae. lib. 2. de Ari●aldo rege. who there reporteth, that the said king, having put away his wife Gundeberga, upon a surmise of adultery with Tato Duke of Etruria, at the private suggestion of Adalulphus, a great man among the Lombard's, and being charged by Clotharius the king of France his Ambassadors, of whose blood she was, that he had done her wrong: he answered, that he had done her no wrong. Whereupon Ansoaldus one of the ambassadors replied, that they would easily believe him, if he would suffer the truth to be tried by combat, between some one of the Queen's friends, and her accuser, according to the custom of the Lombard's. And the king yielding unto this, Adalulphus was vanquished by one Pitto, otherwise called Charles, set forth for the Queen's champion, and she restored to her former place and honour.  
Cominseede, aliâs, Cumin seed, (Semen cumini) is a seed brought forth by an herb so called, which you may see described in Gerard's Herbal, lib. 2. cap. 416. This is placed among the garbleable drugs, anno 1. jacob. cap. 19  
Comitatu commisso, is a writ or a commission, whereby the shreeve is authorized to take upon him the sway of the county. Regist. orig. fol. 295. a. & b. and Co 〈…〉 Reports, li. 3. fol. 72. a.  
Comitatu & castro commisso, is a writ whereby the charge of a county, together with the keeping of a castle, is committed to the shreeve, Reg orig. fol. 295. a.  
Commaundrie (praeceptoria) was by some men's opinion, a manner or chief mefuage, with which lands or tenements were occupied, belonging to the Priory of S. john's in Jerusalem in England: and he which had the government of any such manner or house, was called the commander, who had nothing to dispose of it, but to the use of the Priory, taking only his sustenance thence, according to his degree, and was usually a brother of the same Priory. Author of the new terms of law. verbo, Commaundrie. By some other books it appeareth, that the chief Prior of S. john's, was a commander of a Nunnery, and constituted the Priores of the said Nunnery, who was under his obedience, and removable at his will, notwithstanding that she had covent, and common seal, and had her possessions several, and was wont to lease the land for term of years. Fulbecks' Parallels, fol. 2. a. Of these commandries also Petrus Gregorius lib. de beneficiis cap. 11. num. 11. hath these words: Praeceptoriae dictae commendae sacrorum militum, 〈…〉 eluti ordinis hospitalii Sancti joannis Hierosolymitani, beneficia quidem secundum quid Ecclesiastica dic untur à Barbatia ad Clement. causam col. 51. de Electione. Tamen non propriè dicuntur ex genere communium beneficiorum, eo quòd personae conferentes, & quibus conferuntur, non sunt laicae vel ecclesiasticae, sed tertu ordinis. De hiis beneficiis ●fit mentio. cap. exhibita de privilegiis. in extravag. come. in cap. Dudum, de decimis. These in many places of our realm are termed by the name of temples, because they sometime belonged to the Templars. Of these you read ann. 26 H. 8. cap. 2. & anno 32. eiusd. ca 24. And of these the said Gregorius Tolosanus. li. 15. sui syntagmatis. cap. 34. hath these words: Monuimus superiori capite, crescente numero peregrinorum, juxta Templum Hierosolymitanum Xenodo. chium aedificatum, tit. Divi johannis, quo exciperentur peregrini, quos coenobia capere non possent. Huius ergo ministerio quoque viri pij nobiles se devoverunt, qui & peregrinos tutarentur, & à latronum seu Agarenorum incursu defenderent. Horum professio est votum solemn paupertatis, & abdicationis propriorum, castitatis, & obedientiae. Proinde propter primum votum nihil proprii habent, vel habere debent, sed accipiunt annonam, quam diu vivunt, vel praeceptorias (quas vocant Commanderies) administrant, quam diveas possident, & option mutant; vel ex magistri licentia permutant reddituri morientes quae apud eos reperientur, societati Of these Corasius in his paraphrase Add sacerd. mat. part prim. cap. 3. saith thus: Praeceptoriae Rhodienses, cum non nisi fratribus Hierosolymitanis, atque it a personis ecclesiasticis conferantur; beneficiis ecclesiasticis annumerari meritò debent.  
Commandment (praeceptum) is used diversely in the common law: some time for the commandment of the king, when upon his mere motion, and from his own mouth, he casteth any man into prison. Stawnf. pl. cor. fo. 72. or of the justices. And this commandment of the justices, is either absolute or ordinary: absolute, as when upon their own authority in their wisdom and discretion, they commit a man to prison, for a punishment: Ordinary is, when they commit one rather for safe custody than punishment. And a man committed upon an ordinary commandment, is replevisable. pl. cor. fo. 73. Commandment is again used for the offence of him, that willeth another man to transgress the law, or to do any such thing, as is contrary to the law, as murder, theft, or such like. Bract. li. 3. tra. 2. ca 19 And this the civilians call (mandatum) Angelus de maleficiis.  
comen (communia) cometh from the french (common. i. quod ad omnes pertinet) and signifieth in our common law, that soil or water, whereof the use is common to this or that town, or lordship; as common of pasture (communia pesturae.) Bract. ls. 4. ca 19 & 40. comen of fishing. communia piscariae. Idem. li. 2. ca 34. comen of turbary. i. of digging turfs (communia turbariae) Idem. li. 4. ca 41. comen of estovers (communia estoveriorum.) kitchen. fo. 94. Comen, is divided into comen in gross, comen appendent, comen dppertinent, and comen per cause de vicinage. i. by reason of neighbourhood. comen in gross, is a liberty to have comen alone (that is) without any land or tenement, in another man's land, to himself for life, or to him and his heirs. And this is commonly passed by deed of grant or specialty. Old nat. br. fo. 31. & 37. comen appendent and common appertinent, be in a manner confounded: as appeareth by Fitzh. nat. br. fo. 180. and be defined to be a liberty of common, appertaining to, or depending of such or such a freehould. Only kitchen. foe 94. seemeth to make this difference, that he which hath comen appertinent, hath it without limitation of this or that kind of beasts: but that is controlled by Dyer. fo. 70. b. nu. 19 He that hath comen appendent, hath it but for beasts commenable, as horses, oxen, kine, and sheep, being acompted fittest for the ploughman: and not of goats, geese and hogs. whereunto the author of the new teaams of law addeth another difference: which is, that common appertinent may be severed from the land, whereunto it is appertinent, but not common appendent. The original of common appendent S. Ed Coke li. 4. fo. 37. thus expresseth: Common appendent, by the ancient law, had beginning in this manner, when a lord enfeoffed another in arable lands, to hold of him in socage (idest, per seruicium socae) as all tenure in the beginning (according to Litleton) was: the feoffee, to mamtaine the service of his plough, had common in the wastes of his jord, for his necessary beasts to gain and compass his land: & that for two causes: one for that, as than it was taken, it was (tacitè) implied in the feoffment, by reason the feoffee could not gain or compass his land without cattles, and cattles could not be sustained without pasture. anb so by consequent the feoffec had (as a thing necessary and incident) common in the wastes and land of the lord. And this appeareth by ancient books tempore. Ed. i. tit. common 24. & 17. E. 2. tit. common. 23. & 20. Ed. 3. tit. Admesurement. 8, & 18. Ed. 3. and by the rehearsal of the statute of Merton. ca 4. The second reason was for maintenance, and advancement of tillage, which is much regarded and favoured in the law, Thus far S. Edward.  
comen per cause de vicinage, is a liberty, that the tenants of one lord in one town, have to common with the tenants of another lord in another town which kind of common they that challenge, may not put their cattles into the common of the other town. For than they be distremable. But turning them into their own fields, if they stray into the neighbours comen, they must be suffered. See the terms of law. Common of pasture the Civilians call ius compascendi, cum sc: plures ex municipipibus qui diversa praedia possiáebant, saltum communem, ut ius compascendi haberent, mercarentur. l. penul. Π. si servit, vendicetur. It is also called ius compascuum. ibidem.  
Commendam (commenda) is a benefice, that being void, is commended to the charge & care of some sufficient clerk, to be supplied, until it may be conveniently provided of a pastor. And that this was the true original of this practice, you may read at large in Duarenus de sacris ecclesiae ministeriis & beneficiis li. 5. ca 7. And whereas the gloss, in verbo commendare. in ca Nemo deinceps: de electione. in sexto. defineth commendam esse ecclesiae custodiam al icui commissam: johannes Andraeas thereupon saith thus: huic definitioni necessariò haec aditcienda putem: in tempus gratiâ evidentis necessitatis & utilitatis. Idque docuit textus in dicto capite. Nemo. Corrasius in his paraphrase de sacerdotiorum materia part prima. ca 6. nu. 3. & seqq. thus describeth the matter: In commendam conceditur beneficium, cum Romanus Pontifex, Legatus, aut Episcopus (Neque enim inferioribus, qui ex privelegio aut alio iure spirituals conferunt, concessum est, ca cum omnes basilicae. 16. quaest. 7.) ecclesiae vacantis custodiam alicui committit, administratorem generalem eius templi eum constituens, ca nemo. de electio. in sexto. Commendare enim aliud est nihil, quam deponere. l. publius. Π. depositi. l. commendare. Π. de verb: signif.) Hoc autem, ad tempus sex mensium, & pro evidenti necessitate aut utilitate ecclesiae lex permittit, (d. ca Nemo.) Quaere commendatarius qui ecclesiae vacantis & fructuum, ad tempus duntaxat custodian habet, nec tenere beneficium, iusve habere in beneficio, aut canonicum titulum censebuur: uti nec depositarius in re deposita. whereof also Petrus Gregorius de beneficiis, ca 10. nu. 13. thus writeth. In hac quarta divisione, potest adds tertium genus beneficii, quod citra praescriptionem qualitatis a persona alterius qualitatis quam beneficium exigat naturâ, possidetur, sed sine praeiudicio naturae beneficii, & per dispensationem, eo commendato olim ad tempus certum certae personae, hody, ut plerunque, quam diu commendatarius vixerit. Vocant hoc beneficium commendatum commendam: ut si regulare beneficium á Summo Pontisice conferatur, nomine commendae, saeculari. Nam ideo non mutatur beneficii natura, nec fit ideo saeculare, etc. And a little after, Interim annotabimus duplici de causa fieri commendam ecclesiae, nempe vel in utilitatem ecclesiae, vel commendatarii. In primo commenda titulum non dat beneficii commendatario, & dicitur potius custodia quae revocari potest: quod repugnat naturae beneficii, quod est perpetuum. In secundo autem casu beneficium censetur in utilitatem commendatarii commenda facta, quam possidere potest quam diu vixerit, etc. whom you may also read. ca 2. li. 13.  
Commissarie (commissarius) is a title of ecclesiastical jurisdiction, appertaining to such a one as exerciseth spiritual jurisdiction (at the least, so far as his commission permitteth him) in places of the diocese so far distant from the chief city, as the chancellor cannot call the subjects to the Bishop's principal consistory, without their to great molestation. This commissary is of the canonists termed commissarius or officialis foraneus. Lyndwoods' provin. ca 1. de accusatio. ver. bo. Mandatum archiepiscopi. in glos. and is ordained to this especial end, that he supply the bishop's jurisdiction and office in the out places of the diocese, or else in such parishes as be peculiars to the bishop, and exempted from the jurisdiction of the Archdeacon. For where either by prescription or composition, there be archedeacons' that have jurisdiction within their archdeaconries, as in most places they have, there this commissary is but superfluous, and most commonly, doth rather vex and disturb the country for his lucre, then of conscience seek to redress the lives of offenders. And therefore the Bishop taking prestation money of his archdeacon's yearly pro exteriori jurisdictione, as it is ordinarily called, doth by superonerating their circuit with a commissary, not only wrong archdeacon's, but the poorer sort of subjects much more, as common practice daily teacheth to their great woe.  
Commission, (commissio) is for the most part, in the understanding of the common law, as much as (delegatio) with the Civilians. (See Broke. titulo commission.) and is taken for the warrant or letters patents, that all men exercising jurisdiction either ordinary or extraordinary, have for their power to hear or determine any cause or action. Of these see divers in the table of the Register original. verbo. Commissio. yet this word sometime is is extended farther, then to matters of judgement: as the commission of purveiours or takers. anno. 11. H. 4. ca 28. But with this epitheton (high) it is most notoriously used for the honourable commission court, instituted and founded upon the statute 1. Eliza. ca 1. for the ordering and reformation of all offences, in any thing appertaining to the jurisdiction ecclesiastical: but especially such as are of higher nature, or, at the least, require greater punishment, then ordinary jurisdiction can afford. For the world being grown to that looseness, as not to esteem the censure of excommunication, necessity calleth for those censures of fines to the prince and imprisonment, which do affect men more nearly.  
Commission of rebellion (Commissio rebellionis) is otherwise called a writ of rebellion, (breve rebellionis) and it hath use, when a man after proclamation made by the shreeve upon an order of the channcerie, or court of Star chamber, under penalty of his allegiance, to present himself to the court by a certain day, appeareth not. And this commission is directed by way of command to certain persons, to this end, that they, or three, two, or one of them, do apprehend, or cause to be apprehend, the party as a rebel and contemner of the king's laws, wheresoever they find him within the kingdom, and bring him, or cause him to be brought to the court, upon a day therein assigned. The true copy of this commission or writ, you have in Cromptons' divers jurisdictions. Court de Star chamber: as also in West. tractat. touching proceedings in Chancery, Sectio 24.  
Commissioner (commissionarius) is he that hath commission, as letters patents, or other lawful warrant, to execute any public office: as commissioners of the office of fines and licenses. West. part. 2. symbol: titulo Fines. sect. 106. commissioners in eyre. an. 3. Ed. 1. ca 26. with infinite such like.  
Committee, is he to whom the consideration or ordering of any matter is referred, either by some court, or consent of parties, to whom it belongeth. As in Parliament, a bill being read, is either consented unto and passed, or denied, or neither of both, but referred to the consideration of some certain men, appointed by the house farther to examine it: who thereupon are called committees. Committee of the King West. par. 2. symbo. titulo Chancery. sect. 144. This word seemeth to be something strangely used in kitchen. foe 160. where the widow of the king's tenant being dead, is called the committee of the king. that is, one committed by the ancient law of the land, to the king's care and protection.  
Common bench (bancus communis) is used some time for the court of common pleas. anno. 2. Ed. 3. ca 11. So called, as M. Camden saith in his Britannia. pa. 113. quia communia placita inter subditos ex iure nostro, quod communae vocant, in hoc disceptantur, that is, the pleas or controversies tried between common persons.  
Common fine (finis communis) of this Fleta hath these words: Quibus expeditis (speaking of the business finished by justices in eyre) consueverunt justiciarii imponere villatis, iuratoribus, hundredis, & toti comitatui concelamentum, & omnes separatim amerciare: quod videtur voluntarium, cum de periurio & concelamento non fuerint convicti, sed potius dispensandum esset cumeis quod animas in statera posuerint pro pacis conservatione. li. 1. cap. 48. §. Quibus. And a little following. §. Et provisum, he hath these words: Et provisum est, quòd communes misericordiae vel fines comitatuum amerciatorumin finibus itinerum Iusticiariorum ante recessum ipsorum justitiariorum per sacramenta militum, & aliorum proborum hominum de commitatu eodem, affidentur super eos qui contribuere debent: unde particulae justiciariis liberentur, ut cum aliis extractis suis ad Scaccarium liberare valeant. These last words of his have relation to the statute, Westminst. pr. cap. 18. which read. See Fine.  
Common pleas (communia placita) is the king's Court now held in Westminster hall, but in ancient time movable, as appeareth by the statute called Magna charta. cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupilla oculi, part 5. cap. 22. But M. Gwin in the Preface to his readings saith, that until the time that Henry the third granted the great charter, there were but two courts in all, called the King's courts: whereof one was the Exchequer, and the other, the king's bench, which was then called (curia Domini regis) and (aula regia) because it followed the court or king: and that upon the grant of that charter, the court of common pleas was erected and settled in one place certain: viz. at Westminster. And because this court was settled at Westminster, wheresoever the king lay: thereupon M. Gwin, ubi supra, saith, that after that, all the writs ran, Quòd sit coram justiciariis meis apud Westmonasterium: whereas before the party was commanded by them, to appear coram me vel justiciariis meis, simply without addition of place, as he well observeth out of Glanvile and Bracton, the one writing in Henry the seconds time, before this court was erected, the other in the later end of Henry the thirds time, who erected this court. All civil causes both real and personal are, or were in former times, tried in this court, according to the strict law of the realm: and by Fortescue, cap. 50. it seemeth to have been the only court for real causes. The chief judge thereof is called the Lord chief justice of the common pleas, accompanied with 3. or 4. assistants or associates, which are created by letters patents from the king, and (as it were) installed or placed upon the bench, by the Lord chancellor and lord chief justice of the court, as appear by Fortescue, cap. 51. who expresseth all the circumstances of this admission. The rest of the officers belonging to this court, are these: the custos brevium, three Protonotaries, otherwise called Prenotaries, Chirographer, Filazers 14. Exigenters, 4. Clerk of the warrants, Clerk of the juries or iurata writs, Clerk of the Treasury, Clerk of the king's silver, Clerk of the essoins, Clerk of the outlawries. Whose distinct functions look in their places. See Common bench.  
Common day in plea of land, an. 13. R. 2. stat. 1. cap. 17. signifieth an ordinary day in the court as Octavis Michaelis, quindena pascae. etc. as you may see in the statute made anno 51. H. 3. concerning general days in the bench.  
Common house of parliament, is used for the neither house: because the commons of the realm, that is, the knights of the shires and burgesses, possess that house. Crompton iurisd. 9  
Commotes, seemeth to be compounded of the preposition (con) and (mot. i. dictio, verbum) and signifieth in Wales a part of a shire, as a hundred. anno. 28. H. 8. ca 3. It is written commoithes. anno. 4. H. 4. ca 17. and is used for a gathering made upon the people (as it seemeth) of this or that hundred, by welsh minstrels.  
Common law (comunis lex) hath three divers significations. which see in the author of new terms of law. verbo. Common law.  
Communi custodia, is a writ that lieth for that lord, whose tenant holding by knight's service, dieth, and leaveth his eldest son under age, against a stranger that entereth the land, and obtaineth the ward of the body. It may seem to take the name from the common custom or right in this case: which is, that the lord have the wardship of his tenant, until his full age, or because it is common for the recovery both of land and tenant, as appeareth by the form thereof. Old nat. br. fo. 89. See also the Register orig. fo. 161. a.  
Communi placito non tenendo in scaccario, is a writ directed to the treasurer and barons of the exchequer, forbidding them to hold plea between two common persons in that court, neither of them belonging toward the said court. Register orig. fo. 187. b.  
Companion of the garter, is one of the knights of that most noble and honourable order. anno. 24. H. 8. ca 13. See Garter.  
Compromis, (compromissum) is a mutual promise of two or more parties at difference, to refer the ending of their controversies, to the arbitrament and equity of one or more arbitratours. West. defineth is thus, part. 2. Symbol. titulo Compromise. sect. pri. A compromise or submission (arbitrium, compromissum, submissio) is the faculty or power of pronouncing sentence between persons at controversy, given to arbitratours by the parties mutual private consent, without public authority.  
Computo, is a writ so called of the effect: because it compelleth a bailiff, chamberlain, or receiver to yield his account, Old nat. br. fo. 58. It is founded upon the statut of Westm. 2. ca 2. anno. 13. Ed. i. which for your better understanding you may read. And it lieth also for executors of executors. anno. 15. Ed. 3. statut. de provis. victual. ca 5. Thirdly, against the garden in socage for waste made in the minority of the heir. Marlb. ca 17. And see farther in what other cases it lieth. Register orig. fo. 135. old nat. br. ubi supra. & Fitzh. nat. br. fo. 116.  
Concealers, be such as find out concealed lands, that is, such lands as privily are kept from the king by common persons, having nothing to show for them. anno. 39 Eliza. ca 22. They be so called a concelando, as mons a movendo. per antiphrasin.  
Concord, (concordia) is in the common law, by a peculiar signification, defined to be the very agreement between parties, that intent the levying of a fine of lands one to the other, how and in what manner the land shall pass. For in the form thereof many things are to be considered. West. part. 2. Symbol. titulo. Fines and concord's, sect. 30. whom read at large. Concord is also an agreement made upon any trespass committed between two or more: and is divided into a concord executory, and a concord executed. See Plowden. casu Reniger, & Fogassa fo. 5. & 6. where it appeareth by some opinion, that the one bindeth not as being imperfect: the other absolute and tieth the parties: and yet by some other opinion in the same case, it is affirmed that agreements executory be perfect, and do no less bind, than agreements executed. fo. 8. b.  
Concubinage, (concubinatus) is an exception against her, that sueth for her dower, whereby it is alleged, that she was not a wife lawfully married to the party, in whose lands she seeketh to be endowed, but his concubine. Britton. ca 107. Bract. li. 4. tract 6. ca 8.  
Condition, (conditio) is a rate, manner, or law, annexed to men's acts, staying or suspending the same, and making them uncertain, whether they shall take effect or no, West. part 1. symb. li. 2. Sect. 156. In a lease there may be two sorts of conditions: condition collateral, or condition annexed to the rent. Sir Edward Coke. lib. 3. Pennants' case. fol. 64. Collateral condition is that, which is annexed to any collateral act: as that the leassee shall not go to Rome, ibi fol. 65. Condition is also divided, into condition in deed or fact, and condition in law: which otherwise may be termed, condition expressed, and condition implied. Perkins. Conditions. 722. These and other like divisions of conditions you may read in the author of the new Terms of law. verbo. Condition. and in Litleton. li. 3. cap. 5.  
Conders, may seem to proceed from the French, (conduire. i. deducere, gubernare) they be such as stand upon high places near the sea coast, at the time of herring fishing, to make signs with boughs, etc. in their hand unto the fishers, which way the shoal of herrings passeth. For that may better appear to such as stand upon some high cliff on the shore, by a kind of blue colour, that the said fish causeth in the water, then to those that be in the ships. These be otherwise called huers, by likelihood of the French (huyer. i. exclamare) and balkers: as appeareth by the statute, anno 1. jacob. cap. 23.  
Cone & key. Bracton. lib. 2. ca 37. num. 3. look Cover and Key.  
Confirmation (confirmatio) is a strengthening of an estate formerly had, and yet voidable, though not presently void. For example, a Bishop granteth his Chancelershippe by patent for the term of the patentee his life: this is no void grant, but voidable by the bishop's death, except it be strengthened by the confirmation of the Dean and chapter. See more of this, in West. part prim. symb. lib. 2. sect. 500 and Fitz. nat. br. fol. 169. B. 226. H. 271. D. 163. G. and Litleton lib. 3. cap. 9  
Confiscate (confiscatus) may be said to come either from the Latin (confiscare) or the French (confisquer. i. in publicum addicere.) All these words are drawn from (fiscus) which originally signifieth a hamper, pannyer, basket, or frail: but metonymically the emperors treasure: because it was anciently kept in such hampers, etc. And though our king keep not his treasure in such things: yet as the Romans said, that such goods as were forfeited to the Emperor's treasury for any offence, were bona confiscata: so do we those that are forfeited to our king's Exchequer. See more of these goods confiscate. in Stawnf. pl. cor. lib. 3. cap. 24.  
Congee d'eslire (venia eligendi) is very French, and signifieth in our common law, the king's permission royal, to a Dean and chapter in time of vacation, to choose a bishop: or to an Abbey or Priory of his own foundation, to choose their Abbot or Prior. Fitz. nat. br. fol. 169. B. 170. B. C. etc. Touching this matter, M. Gwin in the preface to his readings saith, that the king of England, as sovereign patron of all Archbishoprickes, bishoprics, and other Ecclesiastical benefices, had of ancient time, free appointment of all ecclesiastical dignities, when soever they chanced to be void: investing them first (per baculum & annulum) and afterward by his letters patents: and that in process of time he made the election over to others, under certain forms and conditions: as namely, that they should at every vacation before they choose, demand of the king (congè d'eslire) that is, licence to proceed to election, and then after the election, to crave his royal assent, etc. And further he affirmeth by good proof out of common law books, that King john was the first that granted this, and that it was afterward confirmed by Westm. pri. ca i. which statute was made anno. 3. Ed. pri. and again by the statut (Articuli cleri) ca 2. which was ordained. anno. 25. Ed. 3. statuto tertio.  
Congeable, cometh of the french (congee i venia) It signifieth in our common law, as much as lawful or lawfully done; as the entry of the disseisee is congeable. Litleton. fo. 91. in meo.  
Conisance, See Cognisance.  
Conizour, alias cognizour (recognitor) cometh of the French (cognoistre. i. cognoscere, cernere) and is used in the passing of fines for him, that doth acknowledge the fine; and the conizee is he, to whom it is acknowledged. West. part. 1. symbol. li. 2. sect. 49. & part 2. titulo. Fines sectio. 114. See Recognizour.  
Conjuration (coniuratio) is the very French word drawn from the latin, which as it is compounded of (con & iuro) so it signifieth a compact or plot, made by men combining themselves together by oath or promise, to do some public harm. But in our common law, it is especially used for such as have personal conference with the devil or evil spirit, to knowany secret, or to effect any purpose. anno 5. Eliza. ca 16. And the difference that I have observed (how truly let those judge that be better skilled in these matters) between conjuration and witch craft, is because the one seemeth, by prayers and invocation of God's powerful names, to compel the devil, to to say or do what he commandeth him: the other dealeth rather by a friendly and voluntary conference or agreement between him or her and the devil or familiar, to have her or his desires and turns served in lien of blood, or other gift offered unto him, especially of his or her soul. And both these differ from inchawntments or forceries, because they are personal conferences with the devil, as is said: but these are but medicines and cerimoniall forms of words (called commonly charms) without apparition.  
Consanguineo, is a writ, for the which See Avo: and See the Register orig. De avo. proavo, & consanguineo. fo. 226. a.  
conservator of the truce and safe conduits (conservator induciarum & saluorum regis conductuum) was an officer appointed in every port of the Sea, under the King's letters patents, and had 40. pound for his yearly stipend, at the least. His charge was to inquire of all offences done against the King's truce & safe conduits, upon the main sea out of the countries, and out of the franchises of the Cinque ports of the king, as the admiral's of custom were wont and such other things as are declared. anno 2. H. 5. ca 6. Touching this matter you may read another statut. anno 4. H. 5. cap. 7.  
conservator of the peace (conseruator vel custos pacis) is he that hath an especial charge by virtue of his office, to see the king's peace kept. which peace learned M. Lamberd defineth, in effect, to be a withholding or abstinence from that iniutious force and violence, which boisterous and unruly persons are in their nature's prone to use toward others, were they not restrained by laws and fear of punishment. Of these conservators he farther saith thus: that before the time of K. Edward the third, who first erected justices of peace, there were sundry persons, that by the common law had interest in keeping of the peace. Of those some had that charge as incident to their offices, which they did bear, and so included within the same, that they were never the less called by the name of their office only: some others had it simply as of itself, and were thereof named custodes pacis, wardens or conservators of the peace. The former and later sort he again subdivideth. Which read in his eirenarcha. li. 1. ca 3.  
Consideration, (consideratio) is that with us, which the Grecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: that is, the material cause of a contract, without the which no contract bindeth. This consideration is either expressed, as if a man bargain to give 20. shillings for a horse: or else implied, as when the law itself enforceth a consideration; as if a man come into a common Inn, and there staying sometime, taketh both meat and lodging, or either for himself and his horse: the law presumeth, that he intendeth to pay for both, though nothing be farther covenanted between him and his host: and therefore if he discharge not the house, the host may stay his horse. Fulb: parel: tracta. Contracts. fo. 6. a. b.  
Consistory (consistorium) is a word borrowed of the Italians, or rather Lombard's, signifying as much as (praetorium) or tribunal. vocab. utriusque iur. It is used for the place of justice in the court christian.  
Convocation house (domus convocationis) is the house, wherein the whole clergy is assembled, for consultation upon matters ecclesiastical in time of parliament. And as the house of Parliament, so this consisteth of two distinct houses, one called the higher convocation house, where the Archebishops and Bishops sit severally by themselves: the other the lower convocation house, where all the rest of the clergy are bestowed. See Prolocutor.  
Conusance. See Cognisance.  
Conuzour, See Cognizour.  
Consolidation (consolidatio) is used for the combining, and uniting of two benefices in one. Brooke titulo. Union. This word is taken from the civil law, where it signifieth properly an uniting of the possession, occupation, or profit with the property. For example, if a man have by legacy usumfructum fundi, and after ward buy the property or fee simple (as we call it) of the heir, hoc casu consolidatio fieri dicitur. §. 3. De usufructu. in Institut. See Union, and Unity of possession.  
Conspiracy (conspiratio) though both in Latin and French, it be used for an agreement of men, to do any thing either good or bad: yet in our lawyer's books, it is alway taken in the evil part. It is defined. anno. 34. Ed. pri. statut. 2. to be an agreement of such, as do confedre or bind themselves by oath, covenant, or other alliance, that every of them shall bear and aid the other falsely and maliciously to indight, or falsely to move ormaintaine pleas, and also such as cause children within age, to appeal men of felony, whereby they are imprisoned, and sore grieved: and such as retain men in the countries with liveries or feeze, to maintain their malicious enterprises. And this extendeth as well to the takers, as to the givers. And Stewards and bailiffs of great lords, which by their signory, office, or power, undertake to bear or maintain quarrels, pleas, or debates that concern other parties, than such as touch the estate of their lords, or themselves. anno 4. Ed. 3. cap. 11. anno. 3. H. 7. ca 13. & of this see more. an. 1. H. 5. c. 3. & & an. 18. H. 6. c. 12. as also in the new book of entries. ver. Conspiracy.  
Conspiracy, in the places before mentioned, is taken more generally, and is confounded with maintenance and champerty. But in a more special signification, it is taken for a confederacy of two at the least, falsely to endict one, or to procure one to be indicted of felony. And the punishment of conspiracien, upon an indictment of felony, at the king's suit, is that the party attainted, lose his frank law, to the intent that he be not empaneled upon juries or assizes, or such like employments, for the testifiing of truth. And if he have to do in the king's court, that he make his attorney: and that his lands, goods and chatels be seized into the king's hands, his lands estreaped (if he find no better favour) his trees razed, and his body committed to prison. 27. lib. assis. 59 Cromptons' justice of peace. fo. 156. b. This is called villainous judgement or punishment. See Villainous judgement. But if the party grieved siew upon the writ of conspiracy, then see. Fitzh. nat. br. f. 114. D. 115. I. Conspiracy may be also in cases of less weight. Idem. fo. 116. A. etc. See Frank law.  
Conspiration, is a writ that lieth against conspirators. Fitz. nat. br. fo. 114. d. Cromptons' iurisd. fo. 209. See also the Regist. fo. 134.  
Constable (constabularius vel conestabulis) is a Saxon word, compounded of (cunning or cyng) and (staple) which do signify the stay and hold of the king. Lamb. duties of constables. nu. 4. But I have heard it made heretofore of these two words, (comes stabuli) which seemeth to me the more probable, because we have this officer from France, as most others, and not from the Saxons. And Tilius in his commentaries (de rebus gallicis) li. 2. ca de conistabili, hath the same etymology, giving the reason thereof, (quia praeest stabulo. i. equiliregis) which office is ancient here in England, and mentioned by Bracton, seeming to answer him, that was called (tribunus celerum) under the first kings of Rome, and (Magister equitum) afterward. The Germans that inhabit the side of the river Rhine, note him by this title (die constofler) and in counterfeit latin (constofelerus) and in owlder time (constafolarius) that the Romans were wont to term (assessorem judicij) And (as Spiegelius in his lexicon noteth, derive the word (a stafolo comitis. i. gradu judicis fiscalis. For staffel in their language (as he saith) signifieth a grease or step of a pair of stairs. And thereupon (staffelstein) being a word used in their very ancient writings, signifieth as much as praetorium. But a man many times may show in this kind more curiosity than discretion: as perhaps some will judge me here to have done. And therefore enough of this. This word is diversly used in our common law: first forth constable of England, who is also called martial. Stawn. pl. cor. fo. 65. of whose great dignity and authority a man may find many arguments and signs both in the statutes and chronicles of this realm. His sway consisteth in the care of the common peace of the land, in deeds of arms, and matters of wars. Lamb. ubi supra with whom agreeth the statut. anno. 13. R. 2. ca 2. statu. 1. Smith de Repub. Anglo. li. 2. c. 25. Of this officer or magistrate M. Gwyn in the preface to his readings saith to this effect: The court of the constable and martial determineth contracts touching deeds of arms out of the realm, and handleth things concerning wars within the realm, as combats, blasons of armory, etc. But it may not deal with battle in appeals, nor generally with any other thing that may be tried by the law of the land. And read Fortescue ca 32. This office was belonging heretofore to the lords of certain manners, iure feudi: and why it is discontinued, see Dyer. fo. 258. nu. 39 Out of this high magistracy (saith M. Lamberd) were drawn these lower constables, which we call constables of hundreds & franchises, and first ordained by the statute of Winchester, anno. 13. Ed. 1. which appointeth for the conservation of the peace, and view of armour, two constables in every hundred and franchise, which in latin are called constabularii capitales. And these be now a days called high constables: because continuance of time, and increase both of people and offenfes, hath again under these made others in every town called petit constables, in latin (subconstabularios) which are of like nature but of inferior authority to the other, as you may read at large in that learned man's treatise before named. Of these also read S. Thomas Smith li. 2. ca 22. Beside these there be officers of particular places, called by this name; as constable of the tower. Ssawnf. pl. cor. fol. 152. & anno. 1. H. 4. ca 13. Stows annals pa. 812. iurisdict. fo. 132. constable of the exchequer. anno. 51. H. 3. statute. 5. Constable of Dover castle. Camdeni Britan. pa. 239. Fitzh. nat. br. fo. 240. otherwise called castellane. Westm. i ca 7. anno. 3. Ed. i. But these be castellanis properly. as M. Lamberd. noteth, though conjoined in name with the others. See the statute. anno. 32. H. 8. ca 38. M. Manwood part. prima. ca 13. of his forest laws, maketh mention of a constable of the forest.  
Consuetudinibus & seruities, is a writ of right close, which lieth against the tenant, that deforceth his lord of the rent or service dew unto him. Of this see more at large the Old nat. br. fo. 77. Fitzh. eodem. fo. 151. and the Register orig: foe 159.  
Consultation, (consultatio) is a writ whereby a cause, being formerly removed by prohibition from the ecclesiastical court, or court christian, to the king's court, is returned thither again. For the judges of the king's court, if upon comparing the libel with the suggestion of the party, they do find the suggestion false, or not proved, and therefore the cause to be wrongfully called from the court christian; than upon this consultation or deliberation, they decree it to be returned again, whereupon the writ in this case obtained, is called a consultation. Of this you may read the Register orig. fo. 44. 45. etc. usque fol. 58. Old nat. br. fo. 32. & Fitzh. eodem. fo. 50.  
Contenement, (contenementum) seemeth to be the free hold land, which lieth to a man's tenement or dwelling house, that is in his own occupation. For in magna charta. ca 14. you have these words: A free man shall not be amerced for a small fault, but after the quantity of the fault: and for a great fault, after the manner thereof, saving to him his contenement or free hold. And a merchant likewise shallbe amerced saving to him his merchandise: and any other villain than owers, shallbe amerced saving his wainage, if he take him to our mercy. And Bracton. li. 3. tracta. 2. ca 1 nu. 3. hath these words: & sciendum, quòd miles & liber homo non amerciabitur, nisi secundùm modum delicti. seoundùm quod delictum fuit magnum vel parvum, & saluo contenemento suo: mercator verò non nisi salva merchandiza sua, & villanus nisi saluo Waniagio suo. which mercy seemeth to have been learned from the civil law: whereby (executio non potest fieri in boves, aratra, aliave instrumenta rusticorum. l. executores & Authen. Agricultores. Co: quae res pign. obliga nec in stipendia, arma, & equos militum. l. stipendia. Co. de executio. rei indica. & ibi doctores. nec in libros scholarium. glos. in. l. Nepos Proculo. verbo. dignitate. Π. de verbo: significa. Quae tamen rusticorum, militum, & scholarium privilegia circa executionem vera esse, & eatenus obtinere intelligenda sunt, quatenus alia bona habent. johan. Eimericus in processu indiciario: cap. de Executione senten. 79. num. 11.  
Continuance, seemeth to be used in the common law, as prorogatio is in the civil law. For example: Continuance until the next assize. Eitz. nat. br. fol. 154. F. and 244. D. in both which places it is said, that if a record in the treasury be alleged by the one party, and denied by the other: a (certiorari) shall be siewed to the Treasurer, and the chamberlain of the Exchequer: who, if they certify not in the Chancery, that such a record is there, or that it is likely to be in the Tower: the king shall send to the justices repeating the (certificate) and will them to continue the assize. In this signification it is likewise used by kitchen. fol. 202. & 199. and also anno 11. H. 6. cap. 4.  
Continual claim (continuum clameum) is a claim made from time to time. Within every year and day, to land or other thing, which in some respect we cannot attain without danger. For example, if I be disseised of land, into which, though I have right unto it, I dare not enter for fear of beating: it behoveth me to hold on my right of entry to the best opportunity of me & mine heir, by approaching as near it as I can, once every year, as long as I live: and so I save the right of entry to mine heir. Terms of law. Again, if I have a slave or villain broken from me, and remaining any where within the ancient demesn of the king, being in the hands of the king, I cannot maintain the writ de nativo habendo, as long as he continueth there: but if I claim him within the year and the day, and so continue my claim, until I can find him within that compass: I may lawfully lay hold of him as mine own. Fitz. nat. br. fol. 79. See more in Litleton, verbo Continual claim. And the new book of Entries. Ibid. and Fleta. lib. 6. cap. 53.  
Contract (contractus) is a covenant or agreement with a lawful consideration or cause. West. part prim. symbol. lib. 1. Sect. 10. and lib. 19 Π. de verbo: Significa. with other places, it is thus defined: Contractus est negotium inter duos pluresve data opera gestum, ut vel uterque invicem, vel alteruter obligetur. Who so will thoroughly examine the difference between this and (pactum) and such other words something like in signification: let him search the civilians, and he shall find work both pleasant and profitable, and well fitting the common law also.  
Contra formam collationis, is a writ that lieth against an abbot or his successor, for him (or his heir) that hath given land to an Abbey, to certain good uses, and findeth that the Abbot or his successor hath made a feoffment thereof, with the assent of the tenants, to the disherison of the house or church. This is founded upon the statute of Westm. 2. cap. 41. And of this see the Regist. orig. fol. 238. and Fitzh. nat. br. fol. 210. And note that the author of the Terms of law saith, that this is not brought against the tenant or alience.  
Contra formam feoffamenti, is a writ, that lieth for the heir of a tenant enfeoffed of certain lands or tenements, by charter of feoffment by a Lord, to make certain services and suits to his court, and is afterward distrained for more, then is contained in the said charter. Regist. orig. fol. 176. old nat. br. fol. 162. and the Terms of the law.  
Contributione faciendae, is a writ that lieth in case where more are bound to one thing, & one is put to the whole burden. Fitz. nat. br. fo. 162. bringeth these examples. If tenants in common or joint, hold a mill (pro indiviso) & equally take the profits thereof, the mill falling to decay, & one or more of them, refusing to contribute toward the reparation thereof, the rest shall have this writ to compel them. And if there be 3. coparceners of land, that owe suit to the lords court, & the eldest perform the whole: then may she have this writ to compel the other two to a contribution of the charge or to one of them, if one only refuse. The old. nat. br. frameth this writ to a case, where one only suit is required for land, & that land being sold to divers, suit is required of them all, or some of them by distress, as entirely, as if all were still in one. fol. 103. See the Regist. orig. fol 176.  
Controller (contrarotulator) cometh of the French (contrerouleur. i. antigraphus, gracè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) which in Rome was used for him, cui id muneris iunctum erat, ut observaret pecuniam, quam in usum Principis vel civitatis colligerunt exactores. Budaeus in annota. prio. in pand. titulo De officio quaestoris. In England we have divers officers of this name: as controller of the king's house, pl. cor. fol. 52. & anno 6. H. 4. cap. 3. controller of the navy. anno 35. Elizabeth. cap. 4. controller of the custom. Cromptons' Iurisd. fol. 105. controller of Calis. anno 21 Rich. 2. cap. 18. controller of the Mint. anno 2. H. 6. cap. 12. controller of the hamper, (Contrarotulator Hamperii) which is an officer in the Chancery attending on the Lord chancellor or Keeper daily in the term time, and days appointed for sealing. His office is to take all things sealed from the clerk of the hanaper, enclosed in bags of leather, as is mentioned in the said clerks office, and opening the bags to note the just number, & especial effects of all things so received, and to enter the same into a special book, with all the duties appertaining to his Majesty, and other officers for the same, and so chargeth the clerk of the hanaper with the same. Controller of the Pipe, (contrarotulator Pipae) who is an officer of the Exchequer that writeth out summons twice every year to the shreeves, to levy the Fermes and debts of the Pipe, and also keepeth a contrarolment of the Pipe. Controller of the pell, is also an officer of the Exchequer, of which sort there be two, viz. the two chamberlains clerks, that do or should keep a controlment of the pell of receipts and goings out. And in one word, this officer was originally one, that took notes of any other officers accounts or receipts, to the intent to discover him, if he dealt amiss, and was ordained for the Princes better security, howsoever the name sithence may be in some things otherwise applied. To the proof whereof you may take these few words out of Fleta. lib. 1. cap. 18. in prin. Qui cum fuerint ad hoc vocati & electi, (speaking of the coroners) attachiari praecipiant appella: qui & capitula coronae in comitatu praesentent: contra quos vicecomes loci habeat contrarotulum, tam de appellis & inquisitionibus, quam aliis officium illud tangentibus, etc. Which (contrarollum) is nothing else, but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or original. This also appeareth by anno 12. Ed. 3. ca 3. And this signification it seemeth to have also in France. For there the king hath his receivers of tails in every province, and controllers, qui ad maiorem fidem susceptoribus accedunt, describuntque in tabulis quae colliguntur. Gregorii syntagn. lib. 3. cap. 6. num. 6.  
Conuentione, is a writ, that lieth for the breach of any covenant in writing. Register orig. fo. 185. Old nat. br. fo. 101. Fitzh. calleth a writ of covenant. nat. br. fo. 145. who divideth covenants into personal and real, making a sufficient discourse of them both: as also how this writ lieth for both.  
Convict, (convictus) is he that is found guilty of an offence by the verdict of the jury. Stawnf. pl. cor. fo. 186. yet Master Crompton out of judge Dyers commentaries 275. saith, that conviction is, either when a man is outlawed, or appeareth and confesseth, or else is found guilty by the inquest. Crompt. Just. of peace. fo. 9 a. Conviction and attainder are often confounded. li. 4. fo. 46. a. b. See Attaint.  
Coparceners, (participes) be otherwise called parceners: and in common law, are such as have equal portion in the inheritance of their ancestor. and, as Litleton in the beginning of his third book saith, parceners be either by law or by custom. Parceners by law, are the issue female, which (no heir male being) come in equality to the lands of their ancestors. Bract. li. 2. ca 30. Parceners by custom, are those that by custom of the country, challenge equal part in such lands: as in Kent by the custom called (Gavel Kind) This is called adaequatio among the Feudists. Hot. in verbis feuda. verbo. Adaequatio. And among the civilians it is termed familiae erciscundae judicium. quod inter cohaeredes ideo redditur, ut & haereditas dividatur, & quod alterum alteri dare facere oportebit, praestetur. Hotoman. Of these two you may see Litleton at large in the first and second chapters of his third book, and Britton cap. 27. entitled De heritage divisable. The crown of England is not subject to coparcinory. anno. 25. H. 8. ca 22.  
Copy, (copia) cometh from the french copia. i. le double de quelqut escripture, latinè descriptio, graece 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and signifieth in our common language, the example of an original writing: as the copy of a charter, the copy of a court roll.  
Copia libelli deliberanda, is a writ that lieth in case where a man cannot get the copy of a libel at the hands of the judge ecclesiastical. Register orig. f. 51.  
Copiehould, (tenura per copiam rotuli curiae) is a tenure, for the which the tenant hath nothing to show, but the copy of the rolls made by the steward of his lords court. For the steward, as he inrolleth, and maketh remembrances of all other things done in the lords court: so he doth also of such tenants, as be admitted in the court, to any parcel of land or tenement belonging to the manner: and the transcript of this, is called the court roll: the copy whereof the tenant taketh from him, and keepeth as his only evidence. Coke. li. 4. fo. 25. b. This tenure is called a base tenure, because it holdeth at the will of the lord. kitchen. fo. 80. chap: copihoulds. Fitzh. nat. br. fo. 12. B. C. who there saith, that it was wont to be called tenure in villeinage, and that this copihould is but a new name. Yet is it not simply at the will of the lord, but according to the custom of the manner. So that if a copiehoulder break not the custom of the manner, and thereby forfeit his tenure, he seemeth not so much to stand at the lords courtesy for his right, that he may be displaced hand over head at his pleasure. These customs of manner be infinite, varying in one point or other, almost in every several manner. First, some copiehould is finable, and some certain: that which is finable, the lord rateth at what fine or incom he pleaseth, when the tenant is admmitted unto it: that which is certain, is a kind of inheritance, and called in many places custumary: because the tenant dying, and the hold being void the next of the blood paying the customary fine, as two shillngs for an acre or such like, may not be denied his admission. Secondly, some copihoulders have by custom, the wood growing upon their own land, which by law they could not have. Kitchen ubisupra. Thirdly, copi-holders', some be such as hold by the verge in ancient demesn: & although they hold by copy, yet are they in account a kind of freeholders. For if such a one commit felony, the king hath (annum, diem, & vastum) as in case of Freehold. Some other hold by common tenure, called mere copy hold: and they committing felony, their land escheateth to the Lord of the manner forthwith. Kitchen fol. 81. chap. Tenants per verge in ancient demesn. What ancient demesn is, see in the right place. See Tenent by copy of court roll. This is the land that in the Saxons time, was called Folk land. Lamberd, explicat. of Saxon words. verbo, Terra ex scripto. West. part prim. symbol. lib. 2. Sect. 646. defineth a copi-holder thus: Tenent by copy of court roll, is he which is admitted tenant of any lands or tenements within a manner, that time out of the memory of man, by use and custom of the said manner, have been dimisable, and dimised to such, as will take the same in fee, in fee-tail, for life, years, or at will, according to the custom of the said manner, by copy of courtrolle of the same manner. where you may read more of these things.  
Coraage (coraagium) is a kind of imposition extraordinary, & growing upon some unusual occasion, and it seemeth to be of certain measures of corn. For corus tritici, is a certain measure of corn. Bracton libro 2. ca 16. nu. 6. who in the same chapter. nu. 8. hath of this matter these words: Sunt etiam quaedam communes praestationes, quae seruitia non dicuntur, nec de consuetudine veniunt, nisi cum necessitas interuenerit, vel cum rex venerit: sicut sunt hidagia, coraagia, & caruagia, & alia plura de necessitate & ex consensu communitotius regni introducta, & quae ad dominum feudi non pertinent, & de quibus nullus tenetur tenentem suum acquietare, nisi se adhoc specialiter obligaverit in charta sua. etc.  
Cordiner, cometh of the French (cordoüannier. i. suitor calcearius) a shoemaker, and is so used in divers statutes. as anno. 3. H. 8. ca 10, & anno. 5. eiusdem. ca 7. and others.  
Cornage (cornagium) cometh of the French (cor. i. cornu) and in our common law, signifieth a kind of grand sergeanty, the service of which tenure, is to blow a horn, when any invasion of the northern enemy is perceived. And by this many men hold their land northward, about the wall, commonly called the Picts wall. Camd. Britan. p. 609. hence cometh the word (cornuare) to blow a horn. pupil. oculi, part. 5. ca 22. in charta de Foresta. This service seemeth to have proceeded from the Romans. For I find (cornicularios) mentioned in the civil law. viz. li. 1. Cod. de officio diverso. jud. 48. lege. 3. &. lib. 12. titulo de apparitoribus praefectorum praetorio. 53. lege. 1. & 3. where Lucas de Penna defineth them (eos qui cornu faciunt excubias militares. And Brissonius. libro. 3. de verbo significat. saith thus of them: (high militum quoddam genus fuere, qui corniculo merebant, unde nomen habent. Where it appeareth by him out of Suetonius, Pliny, and Livy, that the horn was an honour & reward given for service in war.  
Corner tile. See Gutter tile.  
Corodye (corodium) cometh of the Latin verb (corrodo) and signifieth in our common law, a sum of money or allowance of meat and drink due to the king from an abbey, or other house of religion, whereof he is the founder, toward the reasonable sustenance of such a one of his servants, being put to his pension, as he thinketh good to bestow it on. And the difference between a corodie and a pension seemeth to be, that a corodie is allowed toward the maintenance of any the kings servants, that liveth in the abbey: a pension is given to one of the king's chaplains, for his better maintenance in the king's service, until he may be provided of a benefice. Of both these read Fitzh. nat. br. fo. 230. 231. 233. who there setteth down all the corodies and pensions certain, that any abbey, when they stood, was bound to perform unto the king. There is mention also of a corodie in Stawnf. prerogative. fo. 44. And this seemeth to be ancient law. For in Westm. 2. ca 25. it is ordained, that an assize shall lie for a corodie. It is also apparent by the statute. anno. 34. & 35. H. 8. ca 16. that corodies belonged some time to Bishops from monasteries: & by the new terms of law, that a corodie may be due to a common person by grant from one to another, or of common right, to him that is founder of a religious house, not holden in frank almoyn. For that tenure was a discharge of all corodies in itself. By which book it appeareth also, that a corodie is either certain or uncertain, and that it may be for life, years, in tail, or in fee.  
Corodio habendo, is a writ whereby to exact a corodie of any abbey or religious house. See Corodie. See the Register original. fo. 264.  
Coronatore eligendo, is a writ which after the death or discharge of any coroner, is directed to the shreeve out of the Chancery, to call together the free holder's of the county, for the choice of a new coroner, to certify into the chanceries both the election, and the name of the party elected, and to give him his oath. See Westm. 1. ca 10. and Fitzh. nat. br. fo. 163. and the Register orig. fo. 177.  
Coroner (coronator) is an ancient officer of this land, so called, because he dealeth wholly for the king and crown. There be four of them commonly in every county, and they are chosen by the freeholders of the same upon writ, and not made by letters patents. Crompt. Iurisd. fo. 126. This officer, though now he be some inferior gentleman, that hath some smattering in the law: yet if we look to the statute of Westm. 1. ca 10. we shall find, that he was wont, and aught to be, a sufficient man: that is, the most wise and discreet knight, that best will and-may attend upon such an office. Yea there is a writ in the Register, Nisi sit miles. so. 177. b. whereby it appeareth, that it was fufficient cause to remove a coroner chosen, if he were not a knight, and had not a hundred shillings rend of freehold. And the Lord chief justice of the king's bench, is the sovereign coroner of the whole realm in person. i. wheresoever he remaineth. libro assisarum. fo. 49. 5. coron. Coke. li. 4. casu. de Wardens, etc. of the Saddlers. fo. 57 b. His office especially concerneth the pleas of the crown: but if you will read at large, what anciently belonged unto him: read Bracton. li. 3. tra. 2. c. 5. de officio coronatorum circa homicidium. and ca 6. de officio coronatoris in the sauris inventis. & ca 6. de officio coronatorum in raptu virginium. and ca 8. de officio coronatorum de pace & plagis. and Britton in his first chapter, where he handleth it at large. Fleta also in his first book cap. 18. and Andrew Horns mirror of justices. li. 1. ca deal office deal coroners. but more aptly for the present times, Stawnf. pl. cor. li. 1. ca 51. Note there be certain coroners special within divers liberties, as well as these ordinary officers in every county: as the coroner of the verge, which is a certain compass about the king's court. whom Crompt. in his iurisd. fo. 102. calleth the coroner of the king's house: of whose authority see S. Ed. Coke reports. lib. 4. fo. 46. a. b. And I know certain charters belonging to colleges and other corporations, whereby they are licenced to appoint their coroner within their own precincts. Farther of this office see also Fitzh. nat. br. fo. 76. A. B. S. Thomas Smith. li. 2. ca ca 21. de repub. Anglo. and Lamb. eirenarcha. li. 4. ca 3. pa. 380. And the office of the coroner in Scotland. what it is, read M. john. Skene de verbo. signify. verbo. Iter.  
Corporation (corporatio) is that which the civil law calleth universitatem, or collegium. a body politic authorised by the king's charter, to have a common seal, a head officer, one or more, and members able by their common consent, to grant or to receive in law any thing within the compass of their charter: even as one man may do by law all things, that by law he is not forbidden: and bindeth the successors, as a single man bindeth his executor or heir. See Brokes his abridgement. titulo Corporation, and the new Terms of law. eodem.  
Corpus cum causa, is a writ issuying out of the Chancery, to remove both the body and the record touching the cause of any man lying in execution, upon a judgement for debt into the King's bench, etc. there to lie until he have satisfied the judgement. Fitzh. nat. br. fol. 25●. E.  
Corrector of the staple, is an officer or clerk belonging to the staple, that writeth and recordeth the bergains of Merchants there made, anno 27. Ed. 3. stat. 2. cap. 22. & 23. The Romans called them Mensarios.  
Corruption of blood, is an infection growing to the estate 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, accordingly as his case is, so his issue cannot be heirs to him, or to any other ancestor, of whom they might have claimed by him. And farther if he were noble, or a gentleman before, he and his children are made unnoble and ungentle in respect of the father. New Terms of the law.  
Corpse present, are words borrowed from the French, signifying a mortuary. anno 21. H. 8. ca 6. The true French is (corpse praesentè) i. the body presented or tendered. The reason why the mortuary is thus also termed, seemeth to be, for that where a mortuary was wont to be due, the body of the best beast was according to the law or custom offered or presented to the priest.  
Corselet, is a French word signifying a little body, in Latin (corpusculum.) It is used with us, for an armour to cover the whole body, or trunk of a man. anno 4. & 5. Ph. & Mar. cap. 2. where with the pikemen, commonly set in the front and flanks of the battle, are armed, for the better resistance of the enemy's assaults, and the surer guard of the gunner's placed behind or within them, being more slightly armed, for their speedier issuing in and out to discharge their pieces. See Barrets discourse of War. lib. 3. dialog. 2.  
Cofenage, (cognatione) is a writ, that lieth where the tresaile (that is, tritavus, the father of the besaile, or of the great grandfather) is seized in his demesn as of see, at the day of his death, of certain lands or tenements, and dieth: and then a stranger entereth and abateth. For than shall his heir have this writ of cozenage: the form whereof see in Fitz. nat. br. fol. 221. Of this also read Britton at large. cap. 89.  
Cozening, is an offence unnamed, whereby any thing is done guilefully in or out of contracts, which cannot be fitly termed by any special name. West. part. 2. simbolaeogr. titulo. Indictments. sect. 68 It is called stellionaius in the civil law of (stellio) the beast, which is lacertae genus virsutissimum, as Cuiacius in his paratitles calleth it, and, quo nullum animal homini invidet fraudulentius. Pliny li. 3. ca 10.  
Cottage (cotagium) is a house without land belonging unto it. anno. 4. Ed. pri. statut. primo. And the inhabitant of such a house is called a cottager. But by a later statute, no man may build a cottage, but he must lay 4. acres of ground unto it. 31. Eli. ca 7.  
Coat, is a kind of resuse wool clung or clotted together, that it cannot be pulled asunder. anno. 13. R. 2. stat. 1. ca 9 It signifieth also as much as cottage in many places, as also it did among the Saxons. Verslegan in his Restitut. of decayed intelligence in antiquities.  
Covenable (rationabilis) is a French word, signifying fit or convenient, or suitable. covenably endowed anno. 4. H. 8. ca 12. It is anciently written (convenable) as in the stat. an. 27. Ed. 3. stat. 2. ca 17.  
Covenant, conventio, is the consent of two or more in one self thing, to do or give somewhat. West. part. 2. symbol. li. 1. sect. 4. It seemeth to be as much as (pactum. conventum) with the civilians. which you read often times in Tully. Pactum conventum, quod & vulgo vestitum vocant, opponitur nudo pacto, velut ab omni juris solennitate destituto. Huius exempla ponere difficile esse Iason existimavit. Conventum aiunt, quod vestitur, aut re, aut verbis, aut literis, aut contractus cohaerentiâ, aut rei interuentu. Oldendorpius. And covenant in this signification, is either a covenant in law, or a covenant in fact. Coke. lib. 4. Nokes case. fo. 80. or covenant express & covenant in law. idem. li. 6. fo. 17.ae. Covenant in law is that, which the law intendeth to be made, though in words it be not expressed: as if the lessour do dimise and grant, etc. to the leassee for a certain term, the law intendeth a covenant of the lessours' part, that the lessee shall, during his whole term, quietly enjoy his lease against all lawful encumbrance. Covenant in fact is that, which is expressly agreed between the parties. There is also a covenant merely personal, and a covenant real. Fitz. nat. br. fo. 145. And he seemeth to say, that a covenant real is, whereby a man tieth himself to pass a thing real, as land or tenements, as a covenant to levy a fine of land, etc. a covenant merely personal of the other side, is where a man covenanteth with another by deed, to build him a house, or any other thing, or to serve him, or to enfeoff him etc. Covenant is also the name of a writ, for the which see Conuentione. Instruments of covenants you may see good store in West part. i. Symbolaeog. li. 2. sectio. 100 See also the new book of entries. verbo. Covenant.  
Covent, (conventus) signifieth the society or fraternity of an abbey or priory, as (societas) signifieth the number of fellows in a college. Bracton. li. 2. ca 35. It cometh of the french (convent. i. coenobium).  
Coverture, is a french word signifying any thing that covereth, as apparel, a coverlet, etc. and deduced from the verb (covurer. i. tegere) It is particularly applied in our common law, to the estate and condition of a married woman, who by the laws of our realm, is in (potestate viri) and therefore disabled to contract with any, to the prejudice of herself or her husband, without his consent and privity; or at the least, without his allowance and confirmation. Broke. hoc tit. per totum. And Bracton saith, that omnia quae sunt uxoris, sunt ipsius viri, nec habet uxor potestatem sui, sed vir. li. 2. ca 15. and that (vir est caput mulieris) li. 4. ca 24. and again, that in any law matter, sine viro respondere non potest. li. 5. tract. 2. ca 3. and tract. 5. ca 25. eiusdem libri. he hath words to this effect: vir & uxor sunt quasi unica persona: quia caro una & sanguis unus. Res licet sit propria uxoris, vir tamen eius custos, cum sit caput mulieris. and li. 1. ca 10. nu. 2. Vxores sunt sub virga viri. And if the husband alienate the wife's land, during the marriage, she cannot gainsay it during his life. See Cui ante divortium. and Cui in vita.  
Covine, (covina) is a deceitful assent or agreement between two or more, to the prejudice or hurt of another. New terms of law. It cometh of the french verb (convenancer. i. depacisci.) or rather (convenir. i. convenire.)  
Cowcher, signifieth a factor that continueth in some place or country for traffic. anno. 37. Ed. 3. ca 16. It is used also for the general book, into which any corporation entereth their particular acts for a perpetual remembrance of them.  
Count, cometh of the french (count. i. subductus, computatio, ratio) or of (conte. i. narratio.) It signifieth as much as the original declaration in a process, though more used in real actions then personal, as declaration is rather applied to personal then real. Fitzh. nat. br. fo. 16. A. 60. D. N. 71. A. 191. E. 217. A. (Libellus) with the civilians comprehendeth both. And yet count and declaration be confounded sometimes; as count in debt. Kitchen: foe 281. count or declaration in appeal. pl. cor. fo. 78. Count in trefpasse. Britton. cap. 26 count in an action of trespass upon the case for a slander. Kit. fol. 252. This word seemeth to come from France & Normandy. For in the grand customary, c. 64. I find (conteurs) to be those, which a man setteth to speak for him in court, as advocates: & cap. 63. (pledeurs) to be another sort of spokes men, in the nature of Attorneys, for one, that is himself present, but suffereth another to tell his tale. Where also in the 65. chapter, Attorney is said to be he, that dealeth for him that is absent. See this text and Gloss upon those 3. chapters. Countours (by Horn in his Mirror of justices. li. 2. ca Des loyers) are Sergeants skilful in the law of the Realm, which serve the common people, to pronounce and defend their actions in judgement for their fee, when occasion requireth: whose duty, if it be as it is there described, and were observed, men might have much more comfort of the law than they have.  
Countenance, seemeth to be used for credit or estimation, old na. br. fol. 111. in these words: Also the attaint shall be granted to poor men that will swear, that they have nothing whereof they may make fine, saving their countenance, or to other by a reasonable fine. So is it used, anno 1. Ed. 3. stat. 2. cap. 4. in these words: Shyreeves shall charge the king's depters with as much as they may levy with their oaths, without abating the depters countenance.  
Cownter (computatorium) seemeth to come of the Latin (computare) or the French (counter.) For we use it for the name of a prison, wherinto he that once slippeth, is like to account ere he get out.  
Counter plea, is compounded of two French words (country. i. contra, adversus) and (pleader. i. causam agere.) It signifieth properly in our common law, a replication to (aid prior.) For when the tenant by courtesy, or in dower, prayeth in aid of the king, or him in the reversion, for his better defence: or else if a stranger to the action begun, desire to be received to say what he can for the safeguard of his estate: that which the demandant allegeth against this request, why it shuold not be admitted, is called a counter plea. See Broke 〈…〉 t. And in this signification it is used. anno. 25. Ed. 3. st at. 3. cap. 7. See also the new terms of the law, and the statute anno 3. Ed. 1. cap. 39  
County, (comitatus) signifieth as much as (shire,) the one descending from the French, the other from the Saxons, both containing a circuit or portion of the realm, into the which the whole land is divided, for the better government thereof, and the more easy administration of justice. So that there is no part of the kingdom, that lieth not within some county, and every county is governed by a yearly officer, whom we call a shreeve, which among other duties belonging to his office, putteth in execution all the commandments & judgements of the king's courts, that are to be executed within that compass. Fortescue cap. 24. Of these counties there be four of especial mark, which therefore are termed county Palatines, as the county Palatine of Lancaster, of Chester, of Durham, & of Ely, ann. 5. Eliz. 1. c. 23. I read also of the county Palatine of Hexam an 33 H. 8. ca 10. unde quaere. And this county Palatine is a jurisdiction of so high a nature, that whereas all pleas touching the life or mayhem of man, called pleas of the crown, be ordinarily held & sped in the king's name, & cannot pass in the name of any other; the chief governors of these, by especial charter from the king, did heretofore send out all writs in their own name, and did all things touching justice, as absolutely as the Prince himself in other counties, only acknowledging him their superior and Sovereign. But by the statute. anno 27. H. 8. c. 25. this power is much a bridged, unto the which I refer the reader, as also to Crom. juris. fo. 137. for the whole course of this court. Besides these counties of both sorts, there be likewise counties corporate, as appeareth by the statute. anno 3. Ed. 4. 5. and these be certain cities, or ancient boroughs of the land, upon which the Princes of our nation have thought good to bestow such extraordinary liberties. Of these the famous city of London is one, and the principal, York another, an. 32. H. 8. cap. 13. the city of Chester a third, an. 42. Eliz. cap. 15. Canterbury a fourth. Lamb. Eiren. l. 1. cap. 9 And to these may be added many more: but I have only observed out of the statutes & other writers, the county of the town of Kingston upon Hull, anno 32. H. 8. cap. 13. the county of the town of Havorford. West. anno 35. H. 8. cap. 26. and the county of Litchfield. Cromptons' justice of peace. fo. 59 a. County is in another signification used for the County court, which the shreeve keepeth every month within his charge either by himself or his deputy, anno 2. Ed. 6 ca 25. Cromptons' juris. fo. 221. Bract. li. 3. c. 7. & li. 3. tract. 2. cap. 12. Of these counties or shires one with another, there are reckoned in England 37. beside twelve in Walet.  
〈…〉. The word (comitatus) is also used for a jurisdiction or territory among the Feudists.  
County court (curia comitatus) by M. Lamberd is otherwise called (conventus) in his explication of Saxon words, and divided into two sorts: one retaining the general name, as the county court held every month by the shreeve, or his deputy the under-shyreeve, whereof you may read in Cromptons' iurisd. fol. 231. the other called the Turn, held twice every year, which see more at large in his place: and Cromptons' Iurisd. fol. 231. This county court had in ancient times the cognition of these and other great matters, as may appear by Glanvile. lib. 1. cap. 2 3. 4. by Bracton and Britton in divers places, and by Fleta. li. 2. cap. 62. But that was abridged by the statute of Magna charta. cap. 17. and much more by 1. Ed. 4. cap. unico. It had also, and hath the determination of certain trespasses, and debts under forty shillings. Britton. cap 27. & 28. what manner of proceeding was of old used in this court, see Fleta ubi supra.  
Coursitour. See Cursetour.  
Court (curia) cometh of the French (court) which signifieth the king's palace or mansion, as (curtis) doth among the Lombard's. All these spring of the Latin (curia) which signifieth one of thirty parts, into which Romulus divided the whole number of the romans: sometime also the Senate house, as appear by Tully in his Offices (nihil est quod dignum nobis, aut in foro aut in curia agere possumus: which in his oration (pro Milone) he calleth, Templum sanctitatis, amplitudinis, mentis, consilii publici, caput urbis, etc. Court, with us, signifieth diversly: as the house where presently the king remaineth with his ordinary retinue, and also the place where justice is judicially ministered: of which you find 32. several sorts in M. Cromptons' book of jurisdictions well described. And of them most be courts of record: some be not, and therefore are accounted base courts in comparison of the rest. Beside these also there are courts Christian. Smith de repub. Anglor. lib. 3. cap. 9 which are so called, because they handle matters especially appertaining to Christianity, and such as without good knowledge in divinity cannot be well judged of, being held heretofore by Archb. and Bishops, as from the Pope of Rome: because he challenged the superiority in all causes spiritual: but sithence his ejection, they hold them by the king's authority (virtue magistratus sui) as the Admiral of England doth his court. Whereupon it proceedeth, that they send out their precepts in their own names, and not in the kings, as the justices of the kings courts do. And therefore as the appeal from these courts did lie to Rome: now by the statute an. 25. H. 8. cap. 19 it lieth to the king in his Chancery.  
Court baron (curia baronis) is a court that every lord of a manner (which in ancient times were called barons) hath within his own precincts. Barons in other nations have great territories and jurisdiction from their Sovereigns: as may be proved out of Cassanaeus de gloria mundi. part 5. consideratio. 56. by Vincentius de Franchis descis. 211. and many others. But here in England what they be, and have been heretofore, see in Baron. Of this court Baron you may read your fill in Kitchen, that writeth a large book of it, and of a court leete. S. Edward Coke in his fourth book of Reports, amongst his copyhold cases. fol. 26. b. saith, that this court is two after a sort: and therefore if a man having a manner in a town, and do grant the inheritance or the copyholders thereunto belonging, unto another: this grantee may keep a court for the customary tenants, and accept surrenders to the use of others, and make both admittances and grants: the other court is of Freeholders, which is properly called the court baron, wherein the suyters, that is, the Freeholders be judges: whereas of the other the Lord or his steward is judge.  
Court christian (curia christiana) See Court.  
Court of Pypowders. See Pypowders.  
Court of Requests (curia requestarum) is a court of equity, of the same nature with the Chancery, principally instituted for the help of such petitioners, as in conscionable cases deal by supplication with his Majesty. This court, as M. Gwin saith, in the preface to his readings, had beginning from commission first granted by Henry the 8. to the masters of Requests: whereas before that time (by his opinion) they had no warrant of ordinary jurisdiction, but traveled between the king and the petitioner by direction from the king's mouth. But Sir julius Caesar in a Tractate of his, painfully and very judiciously gathered from the records of the same court, plainly showeth that this court was 9 Henrici septimi, though then following the king, and not settled in any certain place, neither swayed particularly by the Masters of requests, (as now it is) but more at large by others of the kings most Honourable Council, whom he pleased to employ in this service. For pag. 148. of the said Tractate, you have the form of the oath then ministered to those that were judges in this court: and à pag. prim. usque ad pag. 46. causes of divers natures, which in the said kings days were there handled and adjudged. This court, as that right Honourable and learned Knight in a brief of his upon the same court plainly proveth, was and is parcel of the kings most Honourable Council, and so always called and esteemed. The judges thereof were always of the kings most Honourable Council, appointed by the king to keep his Council board. The keeping of this court was never tied to any place certain, but only where the Council sat, the suyters were to attend. But now of late for the ease of suitors, it hath been kept in the White hall at Westminster, and only in the Term time. It is a court of Record, wherein recognisances are also taken by the king's Council. The form of proceeding in this court, was altogether according to the process of summary causes in the civil law. The persons plaintiffs and defendants, were always either privileged, as officers of the court, or their servants, or as the king's servants, or as necessary attendants of them: or else where the plaintiffs poverty, or mean estate was not matchable with the wealth or greatness of the defendant: or where the cause merely contained matter of equity, and had no proper remedy at the common law: or where it was specially recommended from the king to the examination of his Council: or concerned Universities, Colleges, Hospitals, and the like. The causes wherewith they deal, and whereof they judge, are of all sorts: as maritime, ultra marine, ecclesiastical, temporal; but properly temporal causes, and only of the other sort, as they are mixed with temporal. The manner of proceeding in the said court, is first, by privy seal, letters missive, or Injunction, or messenger, or bond. Secondly, by attachment. Thirdly, by proclamation of rebellion. Fourthly, by commission of rebellion: five, by Sergeant at arms. The effect of the defendants appearance is, that he attend de die in diem on the council, till he have made his answer to the plaintiffs bill, and be licensed to depart upon caution de judicio sisti & indicato solvendo, and constitution of his Attorney and council by name. The authority of this court is such, as upon cause to grant injunctions for barring the defendant from syewing the plaintiff at the common law: and to stay the suit at the common law before commencement, and not to arrest the body of the plaintiff, till further order be taken by the King's council: and the execution of a decree in this court may be done, either by imprisonment of the person disobeying, being party, or claiming under the party: or by levy of the sum adjudged upon his lands.  
Courtesy of England (lex Angliae) cometh of the french (Courtesy. i. benignitas, humanitas) but with us hath a proper signification, being used for a tenure. For if a man marry an inheretrice, that is, a woman seized of land in fee simple, or fee tail general, or seized as heir of the tail special, and getteth a child of her that cometh alive into the world, though both it and his wife die forthwith, yet, if she were in possession, shall he keep the land during his life, and is called tenent per legem Angliae, or by the courtesy of England. Glanvil. li. 7. ca 18. Bracton. li. 5. tracta. 5. ca 30. nu. 7. 8. 9 Britton. ca 51. fo. 132. Fleta. li. 6. ca 56. §. lex quaedam. Fitzh. nat. br. fo. 149. D. Litleton. li. 1. ca 4. It is called the law of England. Westm. 2. ca 3. This is in Scotland called (curialitas Scotiae. Skene de verbo. sign. verbo Curialitas: who there saith that this is used in these two realms only, and maketh a large discourse of the custom.  
Coutheutlaughe, is he that wittingly receiveth a man outlawed, and cheriseth or hideth him. In which case he was in ancient times subject to the same punishment, that the outlaw himself was. Bracton. li. 3. tracta. 2. ca 13. nu. 2. It is compounded of (couth. i. known, acquainted, familiar, and (utlaughe) an outlaw, as we now call him.  
Courtilage, aliâs curtilage (curtilagium, aliâs curtilegium) signifieth a garden, a yard, or a field, or piece of void ground lying ne ere and belonging to a mesuage, West. part. 2. Symbolaeo. titulo fines. sect. 26. And so is it used anno. 4. Ed. i ca unico. anno. 35. H. 8. ca 4. & anno. 39 Eliza. ca 2. and Coke vol. 6. fo. 64. a. Of this also Lindwood thus writeth. Curtilegium vulgare nomen est, non omnium patriarum, sed certarum. Est enim curtis mansio vel manerium ad habitandum cum terris, possessionibus, & aliis emolumentis ad tale manerium pertimentibus, prove satis colligitur in libro feudorum, titulo. de controversia investiturae. § si quis de manso. Coll. 10. unde curtilegium dicitur locus adiunctus tali curti, ubi leguntur herbae vel olera: sic dictus a (curtis) & (lego legis) pro collig ere. Thus far Linwood. titulo de decimis. ca Sancta. §. omnibus, verbo Curtelegiorum. So that in effect, it is a yard or a garden adjoining to a house.  
Creansour, (creditor) cometh of the french (croyance. i. persuasio) and signifieth him, that trusteth another with any debt, be it in money or wares. Old nat. br. fo. 67.  
Cranage, (cranagium) is a liberty to usea crane for the drawing up of wares from the vessels, at any creek of the sea or wharf, unto the land, and to make profit of it. It signifieth also the money paid and taken for the same. New book of Entries. 〈◊〉. 3. col. 3.  
creak, (creca, crecca, vel crecum) seemeth to be a part of a haven, where any thing is landed or disburdened out of the sea. So that when you are out of the main sea within the haven, look how many landing places you have, so many creeks may be said to belong to that haven. See Cromptons' jurisdictions. fo. 110. a. This word is mentioned in the statute, as anno 5. El. ca 5. and divers others.  
Crest Tile. See Roof tile.  
Croft, (croftum) is a little close or pitle joining to a house, that sometimes is used for a hemp ground, sometime for corn, and sometime for pasture, as the owner listeth. It seemeth to come of the old english word (Creaft) signifying handy craft: because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner.  
Croises, (cruse signati) be used by Britton. ca 122. for such as are pilgrims: the reason may be, for that they wear the sign of the cross upon their garments. Of these and their privileges read Bracton. li. 5. part 2. ca 2. & part 5. ca 29. and the grand custumary of Normandy ca 45. Under this word are also signified the knights of the order of Saint john of jerusalem, created for the defence of pilgrims. Grego. Syntag. li. 15. ca 13. & 14.  
Cucking stool, (tumbrella) is an engine invented for the punishment of scolds and unquiet women, called in ancient time a tumbril. Lamb. eirenarcha. li. 3. ca 12. po. 62. in meo. Bracton writeth this word (tymborella.) Kitchen, where he saith, that every one having view of Erankpledge, aught to have a pillory and a tumbril, seemeth by a tumbril to mean the same thing. cap. Charge in court leete. fol. 13. a.  
Cuth, other uncuth (privatus vel extraneus.) These be old English words, not yet worn out of knowledge, for the which see Roger Hoveden. part poster. suorum annalium. fol. 345. a.  
Cudutlaghe. See Conthutlaughe.  
Cui ante divortium, is a writ, that a woman divorced from her husband, hath to recover lands or tenements from him, to whom her husband did alienate them during the marriage: because during the marriage, she could not gainsay it. Regist. ori. fol. 233. Fitzh. nat. br. fol. 204.  
Cuinage, is a word used for the making up of tin, into such fashion, as it is commonly framed into for the carriage thereof into other places, anno 11. H. 7. cap. 4.  
Cui in vita, is a writ of entry, that a widow hath against him, to whom her husband aliened her lands or tenements in his life time: which must contain in it, that during his life time, she could not withstand it. Regist. orig. fol. 232. Fitz. nat. br. fol. 193. See the new book of Entries. ver ho. Cut in vita.  
Cuntey cuntey is a kind of trial, as appeareth by Bracton in these words: Negotium in hoc casu terminabitur per cuntye cuntey, sicut inter cohaeredes. Bracton. lib. 4. tra. 3. cap. 18. And again, in the same place: In brevi de recto negotium terminabitur per cuntey cuntey. And thirdly, lib. 4. tract. 4. cap. 2. Terminabitur negotium per breve de recto: ubi nec duellum, nec magna assisa, sed per cuntey cuntey omnino: which in mine opinion is as much, as the ordinary jury.  
Curfew, cometh of two French words, (covurir. i. tegere,) and (feu. i. ignis.) We use it for an evening peal, by the which the Conqueror willed every man to take warning for the raking up of his fire, and the putting out of his light. So that in many places at this day, where a bell customably is rung toward bed time, it is said to ring curfew. Stows annals.  
Curia avisare vult, is a deliberation, that the court purposeth to take, upon any point or points of a cause, before judgement be resolved on. For this, see the new book of Entries. verbo. Curia avisare vult.  
Curia claudenda, is a writ, that lieth against him, who should fence and close up his ground, if he refuse or defer to do it. Register. orig. fo. 155. Fitzh. nat. br. fo. 127. See also the new book of Entrise. verbo. Curia claudenda.  
Cursiter (clericus de cursu, vel cursista curiae cancellariae) is an officer or clerk belonging to the chancery, that maketh out original writs. anno. 14 & 15. H. 8. ca 8. They be called clerks of course in the oath of the clerks of the chancery appointed anno 18. Ed. 3. stat. 5. ca unico. There be of these 2●. in number, which have allotted unto every of them certain shires, into the which they make out such original writs, as are by the subject required, and are a corporation among themselves.  
Curteyn (curtana) was the name of king Edward the saint his sword, which is the first sword, that is carried before the kings of this land at their cotonation. Mathaeus Parisiensan Henrico tertio. And I have heard say, that the point thereof is broken: which may argue an emblem of mercy.  
Curtilage. See Courtelage.  
Custode admittendo, & Custode amovendo, are writs for the admitting or removing of guardians. Register. original. in indice.  
Custom (consuctudo) is all one in signification with our common lawyers and Civilians, being by them both accounted a part of the law. Consuetudo quandoque pro lege servatur (faith Bracton) in partibus ubi fuerit more utentium approbata. Longaevi enim temporis usus & consuetudinis non est vilis authoritas. li. 1. ca 3. It may be thus not unaptly defined: Custom is a law. or right not written, which being established by long use and the consent of our awncesters, hath been and is daily practised: our awncesters, that is (maiores,) and those of our kindred that are ultra tritavum. li. 4. §. parentem. Π. de in ius vocando. l. ult. §. parents. Π. de gradibus & affini. & nominibus eorum. So that allowing the father to be so much owlder than his son, as (pubertas) or the years of generation do require, the grandfather so much elder than him, and so forth usque ad tritavum: we cannot say that this or that is a custom, except we can justify, that it hath continued so one hundred years. For tritavus must be so much elder than the party that pleadeth it: yet because that is hard to prone: it is enough for the proof of a custom by witnesses in the common law (as I have credibly heard) if two or more can depose, that they heard their fathers say, that it was a custom all their time, and that their fathers heard their fathers also say, that it was likewise a custom in their time. If it be to be proved by record, the continuance of a hundred years will serve. Custom is either general or particular: general I call that, which is current through England: whereof you shall read divers in the Doctor and Student. li. pri. ca 7. very worthy to be known. Particular is that, which belongeth to this or that county, as Gavelkind to Kent, or to this or that Lordship, city, or town. Custom differeth from prescription, for that custom is common to more, and prescription (in some men's opinion) is particular to this or that man. Again, prescription may be for a far shorter time than a custom, viz. for five year, or for one year, or less. Example of five years prescription you have in the levying of a fine. For if a fine duly levied of lands & tenements be not impugned within five years, it excludeth all claim for ever. And if a man omit his continual claim for a year and a day: then the tenant in possession prescribeth an immunity against the entry of the demandant and his heir. Fitzh. nat. br. fo. 79. Terms of the law, verbo. Continual claim. Out of our statutes you may have greater diversity, which see collected in mine Institutes. titulo de Vsucapio: & longi tempo. prescript. So that Brissonius in his 14. de verbo fignif. seemeth to say truly, that prescription is an exception founded upon so long time run and passed, as the law limiteth for the pursuit of any action. An example may be taken from those statutes. anno. 1. H. 8. ca 4. which inacteth, that in all actions popular, information shall be made within three years after the offence committed, or else be of no force. Of like nature is the statute. anno 7. H. 8. ca 3. which in some cases maketh one years prescription sufficient against informations. Custom is also used for the tribute or tolle, that merchant's pay to the king for carrying in and out merchandise. anno 14. Ed. 3. stat. 1. ca 21. in which signification it is latined (custuma) Register. orig. fo. 138. a. 129. a. and lastly for such services, as tenants of a manner owe unto their lord. New book of entries, verbo Custom.  
Customary tenants, (tenentes per consuetudmem) are such tenants, as hold by the custom of the manner, as their especial evidence, See Copihoulds.  
Custos brevium, is the principal clerk belonging to the court of common pleas: whose office is to receive and keep all the writs, and put them upon files, every return by itself, and at the end of every term to receive of the protonotaries all the records of (Nisiprius) called the (postea) For they are first brought in by the clerk of assize of every circuit to the protonotary that entered the issue in that matter, for the entering of the judgement. And then do the protonotaries get of the court peremptory day, for every party to speak what he hath to allege in arrest of judgement: which day being past, he entereth the verdict and judgement thereupon into the rolls of the court: and that done, he doth in the end of the term deliver over to the custos brevium, all the records of (Nisi prius) which came to his hand that term: which received he bindeth into a bundle and bestoweth them. The custos brevium also maketh entry of the writs of covenant, and the concord upon every fine: and maketh forth exemplifications and copies of all writs and records in his office, and of all fines levied. The fines after they be engrossed, the parts thereof are divided between the custos brevium and the chirogropher: whereof the chirogropher keepeth always with him the writ of covenant and the note, the custos brevium keepeth the concord and the foot of the fine, upon the which foot the chirographer doth cause the proclamations to be endorsed, when they be all proclaimed. This office is in the prince's gift.  
Custos placitorum coronae. Bracton. li. 2. ca 5. This seemeth to be all one with him, whom we now call (custos rotulorum) of this officer I find mention in the writ (odio & atia) Register. original. fo. 133. b.  
Custos rotulorum, is he, that hath the custody of the rolls or records of the sessions of peace: and (as some think) of the commission of the peace itself. Lamb. Eirenarch. li. 4. ca pa. 3. 373. He is alway a justice of Peace and Quorum, in the county where he hath his office. Idem. eodem. and by his office he is rather termed an officer or minister then a judge: because the commission of the peace layeth, by express words this especial charge upon him: quòd ad dies & locapraedicta, brevia, praecepta, processus, & indictamenta praedicta coramte & dictis sociis tuis venire facias. Idem. eodem. where read a competent tract of other things belonging to this office.  
Custos of the spiritualties (custos spiritualitatis vel spiritualium) is he that exerciseth the spiritual or ecclesiastical jurisdiction of any diocese, during the vacancy of the See: the appointment of whom by the canon law appertaineth to the deane and chapter. ca ad abolendam, Extra. Ne sede vacant aliquid innovetur. but with us in England to the Archbishop of the province by prescription. How be it diverse deans and chapters (if M. Gwin say truly in the preface to his readings) do challenge this by ancient charters from the kings of this land.  
Cutter of the talyes, is an officer in the exchequer, that provideth wood for the talyes, and cutteth the sum paid upon them, and then casteth the same into the Court to be written upon.   

DA  
Damage, cometh of the french (dam) or (damage) signifying generally any hurt or hindrance, that a man taketh in his estate: But in the common law, it particularly signifieth a part of that the jurours be to inquire of, passing for the plaintiff or demandant in a civil action, be it personal or real. For after verdict given of the principal cause, they are likewise asked their consciences touching costs (which be the charges of suit, called of the Civilians (expensae litis) and damages, which contain the hindrance that the plaintiff or demandant hath suffered by means of the wrong done to him by the defendant or tenant.  
Dane guilt, Danegold, or Danegelt (Danegeldum) is compounded of (Dane and gelt. i. pecunia) and was a tribute laid upon our ancestors of 12. pence for every hide of land through the realm by the Danes, that once got the mastery of us, in regard (as they pretended) of clearing the seize of pirates, which greatly annoyed our land in those days. Cambd. Briton 83. with whom agree the laws of Edward set out by M. Lamberd. ca 11. Stowe in his annals, pa. 118. saith, that this tribute came to 40000. pounds by the year, and that it was released by Edw. the confessor. The author of the new Terms of law saith, that this tribute began in the time of king Etheldred, who being sore distressed by the continual invasion of the Dane, to procure his peace, was compelled to charge his people with importable payments. For first he gave them at five several payments 113000. pounds, and afterward granted them 48000. pounds yearly. See Roger Hoveden part. poster. suorum annalium in Henrico secundo. fo. 344. a.  
Dareyn continuance, See Continuance. Darein is a corrupt word of the French (dernier. i. ultimum.)  
Darrein presentment (ultima praesentatio.) See Assize or deraign presentment.  
Dates (dactyli) is the plum or fruit of the tree in latin called palma, in english the Date tree well known to most men by sight. And he that will farther understand the nature or diversities of this fruit, may repair to Gerard's herbal. li. 3. ca 131. They be numbered among spices and drugs to be garbleled. 1. jaco. 19  
Day (dies) is sometime used in the law, for the day of appearance in court, either originally, or upon assignation; and sometime for the returns of writs. For example, days in bank, be days set down by statute or order of the court, when writs shall be returned, or when the party shall appear upon the writ served. And of this you may read the statutes, anno 51. H. 3. ca 1. & 2. Marlb. ca 12. anno. 52. H. 3. and the statute de anno bissextili. anno 21. H. 3. and lastly anno 32. H. 8. ca 21. To be dismissed with out day, is to be finally discharged the court. Kitchen. fo. 193. He had a day by the roll. kitchen. foe 197. that is, he had a day of appearance assigned him. Day, year, and waste. Sea Dies, and year.  
Deadly feud (feuda) is a profession of an unquenchable hatred, until we be revenged, even by the death of our enemy. It is deduced from the Germane word (Feed) which, as Hotoman saith, in verbis feudalibus, modo bellum, modo capitales inimicitias significat. This word is used. anno. 43. Eliz. cap. 13.  
Dead pledge (mortuum vadium) See Mort gage.  
Deane, (decanus) is an ecclesiastical magistrate, so called of the greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) because he hath power over ten Canons at the least. How be it in England we use to call him a deane, that is next under the bishop, and chief of the chapter ordinarily in a cathedral church: and the rest of the society or corporation we call Capitulum, the chapter. But this word how diversly it is used, read Lindwood. titulo de judiciis ca pri. verbo Decanirurales. where deane rurals are said to be certain persons that have certain jurisdiction ecclesiastical over other ministers and parishes near adjoining, assigned unto them by the Bishop and archdeacon, being placed & displaced by them. As there be two foundations of cathedral churches in England, the old, & the new (the new bethose which Henry the 8. upon suppression of abbeys transformed from abbot or prior & covent to deane and chapter) so be there two means of creating these deans. For these of the old foundation, are brought to their dignity much like Bishops: the king first sending out his congè d' eslire to the chapter, the chapter then choosing, the king yielding his royal assent, and the Bishop confirming him, and giving his mandate to install him. Those of the new foundation are by a shorter course installed by virtue of the king's letters patents, without either election or confirmation. This word is also applied to divers, that are the chief of certain peculiar Churches, or chapels, as the deane of the king's chapel, the deane of the Arches, the deane of Saint George his chapel in Windsour, the deane of Bockin in Essex.  
Debet & solet: These words are divers times used in the writers of the common law, and may trouble the mind of a young student, except he have some advertisement of them. For example, it is said in the old. nat. br. fo. 98. This writ (de secta molendini) being in the (debet) and (solet) is a writ of right, etc. and again. fo. 69. A writ of Quod permittat) may be pleaded in the county before the shreeve, and it may be in the (debet) and in the (solet) or the (debet) with out the (solet) according as the Demandant claimeth. wherefore note, that those writs that be in this sort brought, have these words in them, as formal words not to be omitted. And according to the diversity of the case, both (debet) and (solet) are used, or (debet) alone: that is, if a man siew to recover any right by a writ, whereof his awncester was disseised by the tenant or his awncester, than he useth only the word (debet) in his writ: because (solet) is not fit by reason his awncester was disseised, and the custom discontinued: but if he siew for any thing, that is now first of all denied him, than he useth both these words (debet & so'et) because his awneesters before him, and he himself usually imoyed the thing siewed for: as suit to a mill, or common of pasture until this present refusal of the tenant. The like may be said of (debet) and (detinet) as appeareth by the Register. orig.. in the writ de debito. fo. s 40. a.  
Debito, is a writ which lieth, where a man oweth to another a certain sum of mony-upon an obligation or other bargain, for any thing sold unto him. Fitz. not br. fo. 119. This writ is made sometime in the Detinet, & not in the Debet. which properly falleth out, where a man oweth an annuity: or a certain quantity of wheat, barley, or such like, which he refuseth to pay. old. nat. br. fo. 75. See Debet & Solet.  
Denelage (denelagia) is the law that the Danes made here in England, out of which and Merchenlage, and West Sexonlage, the Conqueror compounded certain ordinances for his subjects. Camdeni Britan. pa. 94. & pa. 183.  
Decem tales. See Tales.  
Decies tantum, is a writ that lieth a 'gainst a jurour, which hath taken money for the giving of his verdict, called so of the effect, because it is to, recover ten times so much as he took. It lieth also against embracers that procure such an inquest. anno 38. Ed. 3. ca 13. Reg. orig. fo. 188. Fitzh. nat. br. fo. 171. New book of Entrise. verbo Decies tantum.  
Deceit (déceptio fraus, dolus) is a subtle wily shift or deviso, having no other name. Hereunto may be drawn all manner of craft, subtlety, guile, fraud, wiliness, slightness, cunning, covin, collusion, practice, and offence, used to deceive another man by any means, which hath none other proper or particular name, but offence. West part. 2. symbol. titulo. Indictments. sect. 68 See Cozening.  
Decenniers. See Deciners.  
Deceptione, is a writ that lieth properly against him, that deceitfully doth any thing in the name of another, for one that receiveth harm or damage thereby. Fuzh. nat. br. fo. 95. This writ is either original or judicial, as appeareth by the old. nat. br. fo. 50. where you may read the use of both. For some satisfaction, take these words of that book: This writ of deceit, when it is original, than it lieth in case, where deceit is made to a man by another, by which deceit he may be disherited, or otherwise evil entreated: as it appeareth by the Register, etc. And when it is judicial, than it lieth out of the rolls of record: as in case where (scire facias) is sent to the shreeve, that he warm a man to be before the justices at a certain day, and the Shyreeve return the writ served; whereas the said man was not warned, by which 〈◊〉 party that sueth tho (scire 〈…〉 as) recovereth, than the party which ought to have been warned, shall have the said writ against the shreeve. The author of the terms of law. verbo Deceit, saith that the original writ of deceit lieth, where any deceit is done to a man by another, so that he hath not sufficiently performed his bargain or promise, In the writ judicial he concurreth with the former book. See the Reg. orig. fo. 112. and the Reg. judicial in the table. verbo. Deceptione.  
Decimis solvendis pro possessionibus alienigenarum, is a writ or letters patents, yet extant in the Register, which lay against those, that had fermed the Prior's aliens lands of the king, for the Rector of the Parish, to recover his tithe of them. Regi. orig. fol. 179.  
Deciners, aliâs, desiners, aliâs, doziners, (decennarii) cometh of the French, (dizeine. i. decas) ten in number, or else of (disenier. i. decearchus.) It signifieth, in the ancient monuments of our law, such as were wont to have the oversight and check of ten friburgs, for the maintenance of the king's peace. And the limits or compass of their jurisdiction was called (decenna) Bracton lib. 3. tract. 2. cap. 15. of whom you may also read, Fleta lib. 1. cap. 27 and a touch in the Regist. orig. fol. 68 b. These seemed to have la 〈…〉 authority in the Saxons time, 〈◊〉 king knowledge of causes within their circuit, and redressing wrongs by way of judgement, as you may read in the laws of king Edward, set out by M. Lambard. num. 32. In later times I find mention of these, as in Britton cap. 12. who saith in the king's person (as he writeth his whole book) in this manner: We will, that all those which be 14. years old, shall make oath, that they shall be sufficient and loyal unto us, and that they will be neither felons, nor assenting to felons: and we will, that all be (en dozeine & plevis per dozeniers) that is, profess themselves to be of this or that dozein, and make or offer surety of their behaviour by these or those doziniers: except religious persons, clerks, knights, and their eldest sons, and women. Yet the same author in his 29. chapter, some thing toward the end, doth say, that all of 12. years old and upward, are punishable for not coming to the Turn of the shreeve, except Earls, Prelates, Barons, religious persons, and women. Stawnf. pl. cor. fol. 37. out of Fitzh. hath these words: The like law is, where the dozeniers make presentment, that a fellow is taken for felony, and delivered to the shreeve, etc. And Kitchen, out of the Register, and Britton, saith thus. Religious persons, clerks, knights, or women shall not be deceniers. fol. 33. So that hereby I gather, that of later times, this word signifieth nothing but such an one, as by his oath of loyalty to his Prince, (for surety none ordinarily findeth at these days) is settled in the combination or society of a dozein. And a dozein seemeth now to extend so far, as every leete extendeth: because in leetes only this oath is ministered by the steward, and taken by such as are twelve years old and upwards, dwelling within the compass of the leete where they are sworn. Fitz. nat. br. fol. 161. A. The particulars of this oath you may read in Bracton. lib. 3. tract. 2. cap. 1. num. 1. in these words: Quibus propositis (that is, the commission of the justices being read, and the cause of their coming being showed) debent justiciarii se transfer in aliquem locum secretum, & vocatis ad se quatuor vel sex, vel pluribus de maioribus de comitatu, qui dicuntur Busones Comitatus, & ad quorum nutum dependent vota aliorum, et sic inter se tractatum habeant justiciarii ad muicem, & ostendant qualiter a Domino Rege & eius concilio. provisum sit, quod omnes tam milites, qùam alii qui sunt quindecim annorum & ampliùs, jurare debent, qùod utlagatos, murditores, robbatores, & burglatores non receptabunt, neceis consentient, nec eorum receptatoribus, & si quos tales noverint, illos attachiari facient, & hoc Vicecomiti & balivis suis monstrabunt: & si hutesium vel clameum de talibus audiverint, statim audsto clamore, sequantur cum familia & hominibus de terra sua. Here Bracton setteth down 15. years, for the age of those that are sworn to the king's peace, but lib. 3. tract. 2. cap. 11. num. 5. he nameth 12. years. See Inlaughe. A man may note out of the premises, diversities between the ancient and these our times, in this point of law and government, as well for the age of those that are to be sworn, as also that Decennier is not now used for the chief man of a Dozen, but for him him that is sworn to the king's peace: and lastly, that now there are no other Dozen but leetes, and that no man ordinarily giveth other security for the keeping of the king's peace, but his own oath: and that therefore none answereth for another's transgression, but every man for himself. And for the general ground this may suffice. See Frankepledge.  
Declaration (declaratio) is properly the showing forth, or laying out of an action personal in any suit, howbeit it is used sometime and indifferently for both personal and real actions. For example, anno 36. Ed. 3. c. 15. in these words: By the ancient terms and forms of declarations, no man shall be prejudiced: so that the matter of the action be fully showed in the demonstration & in the writ: See the new Terms of law. See Cownte.  
Dedimus potestatem, is a writ, whereby commission is given to a private man for the speeding of some act appertaining to a judge. The Civilians call it (Delegationem) And it is granted most commonly upon suggestion, that the party, which is to do something before a judge, or in court, is so feeble, that he cannot travel. It is used in divers cases: as to make a personal answer to a bill of complaint in the Chaunceric, to make an Attorney for the following of a suit in the County, Hundred, Wapentake, etc. Oldnat. br. fol. 20. To levy a fine. West. part. 2. symbol. titulo. Fines. sect. 112. and divers other effects, as you may see by Fitzh. nat. br. in divers places noted in the Index of the book: In what diversity of cases this writ or commission is used, see the table of the Regist. orig. verbo Dedimus potestatem.  
Deeds, (Facta) signify in our common law wrighungs that contain the effect of a contract made between man and man, which the civilians call (literarum obligationem). And of deeds there be two sorts, deeds indented and deeds poll. Which division, as M. West. saith part. i. Simbol: lib. 1. sect. 46. groweth from the form or fashion of them; the one being cut to the fashion of teeth in the top or side the other being plain. And the definition of a deed indented he expresseth thus Sect. 47. A deed iudented, is a deed consisting of two parts or more, in which it is expressed, that the parties to the same deed, have to every part thereof interchangeabely, or severally set there several seals. See the rest, where at the last he showeth: the cause of the name: viz: for that consisting of more parts, each part is indented or cut one of them into the other, that by the cut it may appear, they belong to one business or contract. A deed poll or polled he describeth thus: Sect. 46. Q. A polled deed, is a deed testifying, that only the one of the parties to the bargain, hath put his seal; thereunto after the manner there by him described: which read for your better understanding. See the new Terms of law, verbo Fait, where he showeth, that each deed consisteth of 3. points: writing, sealing, and delivery.  
Dear Hayse. anno 19 H. 7. cap. 11. seemeth to be an Engine. of cords, to catch Dear.  
De essendo quieium de relovio, is a writ that lieth for them which are by privilege freed from the payment of tolle, which read at large in Fitzh. nat. br. fol. 226.  
Default (defalta) cometh from the French (default) and is an offence in omitting that, which we ought to do. West. part. 2. symbol. titulo. Indictment. sect. 2. Of this hath Bracton a whole tractates, lib. 5. tractat. 3. By whom it appeareth that a default is most notoriously taken for non appearance in court, at a day assigned. Of this you may read also in Fleta. lib. 6. cap. 14.  
Defeisance (defeisantia) cometh of the French (Desfaire) or Deffaire) i. infectum reddere quod factumest, and signifieth in our common law, nothing but a condition annexed to an act, as to an obligation, a recognisance or statute, which performed by the obligee or recognizee, the act is disabled and made void, as if it never had been done, whereof you may see West at large, part. 1. symb. li. 2. sect. 156.  
Defendant (defendens) is he that is siewed in an action personal: as tenant, is he which is siewed in an action real. Terms of the law.  
Defendemus, is an ordinary word in a feoffment or donation, and hath this force, that it bindeth the donor and his heirs, to defend the Donee, if any man go about to lay any servitude upon the thing given, other than is contained in the donation. Bract. lib. 2. cap. 16. num. 10. See also Warrantizabimus & Acquietabimus.  
Defender of the faith (defensor fides) is a peculiar title given to the King of England by the Pope, as (Catholicus) to the king of Spain, and Christianissimus to the French king. It was first given by Leo decimus to king Henry the 8. for writing against Martin Luther, in the behalf of the Church of Rome, then accounted Domicilium fidei Caholicae. Stows annals. pag. 863.  
Deforsour, (Deforciator) cometh of the french (For ceur. i. expugnator). It is used, in our common law, for one that overcometh and casteth out by force, and differeth from disseisour first in this, because a man may disseise another without force, which act is called simple disseisin. Britton. ca 53. next, because a man may deforce another, that never was in possession: as for example: if more have right to lands, as common heirs and one entering keepeth out the rest, the law saith, that he deforceth them, though he do not disseise them. Old nat: br: fol: 118. and Litleton in his chapter (Discontinuance) fol. 117. faith, that he which is enfeoffed by the tenant in tail, and put in possession, by keeping out the heir of him in reversion being dead, doth deforce him, though he did not disseise him; because he entered, when the tenant in tail was living, and the heir had no present right. And a deforsour differreth from an Intrudour, because a man is made an Intrudour by a wrongful entry only into land or tenement void of a possessor. Bracton li: 4: ca: pri. and a deforsour is also by holding out the right heir, as is abovesaid.  
Deliverance, See Repligiare.  
Demand, (Demanda vel Demandum) cometh of the french (Demand. i. postulatio, postulatus) and signifieth a calling upon a man for anything due. It hath likewise a proper signification with the common lawyers opposite to plaint. For the pursiute of all civil actions are either demands or plaints: and the persyewer is called demandant or plaintiff: Viz: Demandaundant in actions real, and plaintiff in personal. And where the party persiewing is called demaundant, there the party persiewed is called tenant: where plaintiff, there defendant. See terms of law, verbo Demaundant.  
Demy haque, See Haque, and Haquebut.  
demain, (Dominicum) is a french word, otherwise written (Domaine) and signifieth (Patrimonium domini) as Hotoman saith in verbis feudalibus. verbo Dominicum. where by divers authorities he proveth those lands to be dominicum, which a man holdeth originally of himself, and those to be feodum, which he holdeth by the benefit of a superior Lord. And I find in the civil law (Rem dominicam) for that which is proper to the Emperor. Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur, being the 38. title of the 7. book. And (res dominici juris. i. reipub. in the same place. And by the word (Domanium) or (Demanium) are properly signified the king's lands in France, appertaining to him in property, Quia Domanium definitur illud, quod nominatim consecratum est, unitum, & incorporatum Regiae coronae, ut scripsit Chopinus de domanio Franciae tit. 2. per legem. Siquando 3. Cod. de bon. vacan. lib. 10. & Mathaeus de Afflict is in constit. Siciliae li. 1. tit. De locatione Demanii. 82. which may be called Bona incorporata & in corpus sisci redacta. Skene de verborum signif. verb. Terrae Dominicales. In like manner do we use it in England: howbeit, we here have no land (the Crown land only excepted) which holdeth not of a superior. For all dependeth either mediately or immediately of the Crown, that is, of some honour or other belonging to the Crown, and not granted in fee to any inferior person. Wherefore no common person hath any demaynes, simply understood. For when a man in pleading would signify his land to be his own, he saith, that he is or was seized thereof in his demain as of fee. Litleton li. 1. cap. 1. Whereby he signifieth, that though his land be to him and his heirs for ever, yet it is not true demain, but depending upon a superior Lord, and holding by service, or rend in lieu of service, or by both service and rent: Yet I find these words used in the king's right, anno 37. H. 8. cap. 16. and 39 Eliz. cap. 22. But the application of this speech to the king and crown land, is crept in by error and ignorance of the word (Fee,) or at least by understanding it otherwise then of the Feudists it is taken. But Britton. cap. 78. showeth, that this word (Demeyne) is diversly taken: sometime more largely, as of lands or tenements held for life, etc. and sometime more strictly as for such only as are generally held in fee. This word sometime is used for a distinction between those lands, that the Lord of a manner hath in his own hands, or in the hands of his leasec, dimised upon a rent for term of years or life, and such other land appertaining to the said manner, which belongeth to free or copy-houlders. Howbeit, the copyhold belonging to any manner, is also in the opinion of many good lawyers accounted Demeines. Bracton in his fourth book tract. 3. ca 9 nu. 5. hath these words: Item dominicum accipitur multipliciter. Est autem dominicum quod quis habet admensam suam & propriè, sicut sunt Bordlands anglie. Item dicitur dominicum villenagium, quod traditur villanis, quod quis tempestiuè & intempestive resumere possit pro voluntate sua, & revocare. 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 revocari: & sicut est de terra commissa, tenenda quam diu commissori placuerit. poterit & dici Dominicum, de quo quis habet liberum tenementum, & alius usumfructum: & etiam ubiquis habet liberum tenementum, & alius curam, sicut de custode dicipoter it & curatore; & unde unus 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 ut de feudo, nec refert cum usufructu vel sine, & de quo si eject us esset, si viveret, recuperare posset per assissam nomine disseisina, licet alius haberet usum fructum: sicut dici poterit de illis qui tenent in villenagio, qui utuntur, fruuntur non nomine proprio sed nomine Domini sui. Fleta: l. 5. c: 5. §. Dominicum autem. And the reason why copyhold is accounted demeans, is because they that be tenants unto it, are judged, in law, to have nor other right, but at the will of the lord. So that it is reputed still after a sort to be in the Lords hands. And yet in common speech, that is called ordinarily demeans, which is neither free nor copy. It is farther to be noted, that demain is sometime used in a more special signification, and is opposite to Frank fee. For example, those lands, which were in the possession of King Edward the confessor, are called ancient demain, & all others be called Frank fee. kitchen. fol: 98. and the tenants which hold any of those lands, be called tenants in ancient demain, the others tenants in frank fee. Kitchen ubi supra. And also tenants at the common law. West. part 2. Simbol: titulo Fines. Sect 25. The reason is, because tenants in ancient demain, cannot be syewed out of the Lords court: Terms of the Law. verbo Ancient demain. And the tenants in ancient demain, though they hold all by the verge, and have none other evidence but copy of court roll, yet they are said to have free hold. kitchen. fol. 81. See ancient demain.  
Demayne cart of an Abbot, seemeth to be that cart, which the Abbot useth upon his own demain: Anno. 6. H. 3. cap. 21.  
Demurrer (Demorare) cometh of the French (Demeurer. i. manner in aliquo loco vel morari) It signifieth in our common law, a kind of pause upon a point of difficulty in any action, and is used substantively. For in every action, the controversy consisteth either in the fact, or in the law, if in the fact, that is tried by the jury, if in law, then is the case plain to the judge, or so hard and rare, as it breedeth just doubt. I call that plain to the judge, wherein he is assured of the law, though perhaps the party and his council yield not unto it. And in such, the judge with his Assessors proceedeth to judgement without farther work: but when it is doubtful to him and his Associates, then is there stay made, and a time taken, either for the court to think farther upon it, and to agree if they can: or else for all the junstices to meet together in the Chequer chamber, and upon hearing of that which the sergeants shall say of both parts, to advise and set down what is law. And whatsoever they conclude, standeth firm without farther remedy. Smith. de Repub. Angliae. lib. 2. cap. 13. West. calleth it a Demurrer in chancery likewise, when there is question made whether a parties answer to a bill of complaint, etc. be defective or not: and thereof reference made to any of the bench for the examination thereof, & report to be made to the court. part. 2. symb. tit. Chancery. sect. 29.  
Denariata terrae. See Farthing deal of land.  
Denizen, cometh of the French (Donaison. i. Donatio) and signifieth in our common law, an Alein that is enfranchised here in England by the Prince's charter, an dinabled, almost in all respects, to do as the kings native subjects do: namely to purchas, and to possess lands, to be capable of any office or dignity. Yet it is said to be short of naturalisation, because a stranger naturalised, may inherit lands by descent, which a man made only, a denizen cannot. And again, in the charter whereby a man is made denizen, there is commonly contained some one claufe or other, that abridgeth him of that full benefit, which natural subjects do enjoy. And when a man is thus infránchised, he is said to be under the king's protection, or, esse ad fidem Regis Angliae, before which time he can enjoy nothing in England. Bracton. lib. 5. tractat. 5. cap. 25. nu. 3. Nay, he and his goods might be seized to the king's use. Horn in his mirror of justices. li. 1. ca de la Venue de franc pledge.  
Deodand (Deodandum) is a thing given or forseited (as it were) to God for the pacification of his wrath in a case of misadventure, whereby any Christian soul cometh to a violent end, without the fault of any reasonable creature. For example, if a horse should strike his keeper and so kill him; if a man in driving a cart, and seeking to redress any thing about it, should so fall, as the cart wheel running over him, should press him to death: if one should be felling of a tree, and giving warning to one coming by, when the tree were near falling, to look to themselves, and any of them should be slain nevertheless by the fall of the tree. In the first of these cases the horse, in the second the cart wheel, cart and horses, and in the third the tree is to be given to God: that is, to be sold and distributed to the poor, for an expiation of this dreadful event, though effected by unreasonable, yea senseless & 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 part. 2. symbolaeog. titulo Indictments. sect. 49. And though this be given to God: yet is it forfeited to the king by law, as sustaining God's person, and an executioner in this case, to see the price of these distributed to the poor, for the appeasing of God stirred up even against the earth and place, by the shedding of innocent blood thereupon. Fleta, saith that this is sold, and the price distributed to the poor for the soul of the king, his ancestors, and of all faithful people departed this life. lib. 1. cap. 25. verbo. De submersis. And it seemeth that this law hath an imitation of that in Exodus. cap. 21. Si cornu petierit bos virum vel mulierem, ita ut moriatur, lapidabitur bos, neque comedetur caro eius, at Dominus eius erit innocens.  
De Deonerando pro rata portionis, is a writ that lieth where one is distrained for a rent, that aught to be paid by others proportionally with him. For example, a man holdeth ten; Oxegangs of land by fealty, and ten shillings rend of the king, and alienateth one Oxegang thereof to one, another, to another in fee. Afterward the shreeve or other Officer, cometh and distraineth only one of them for the Rent: he that is distrained may have this writ for his help. Fitzh. nat. br. fo. 234.  
Departer, is a word properly used of him, that first pleading one thing in bar of an action, and being replied thereunto, doth in his rejoinder show another matter contrary to his first plea. Plowden in Reniger and Fogassa, fo. 7. & 8. And of this see divers examples in Brook. titulo Departer de son plea etc.  
Departers of gold and silver. See Finours.  
De quibus sur disseisin, is a writ of entry. See Fitzh. nat. br. fol. 191. C.  
Dereyne (Disrationare, vel Dirationare) may seem to come of the French (Disarroyer. i. confundere, turbare) to confound or turn out of order, or (desranger. 1. to set out of order, or lastly of the Norman word (desrene) for with the Normans (desrene) is nothing else but a proof of the denial of a man's own fact. For Rubigineus in his grand customary cap. 122. & 123. maketh mention of (lex probabilis) and (lêx deraisnia) legem probabilem or (probationem) he defineth to be a proof of a man's own fact, which he saith he hath done, & his adversary denieth. His example is this: A. sueth R. for a hog: saying, thou shouldest deliver me a hog for 2. shillings six pence: which money F. paid thee: wherefore I demand my hog. R. answereth. It is true that thou sayest, and I delivered thee thy hog, which I am ready to prove. Deraisnian he defineth, to be a proof of a thing that one denieth to be done by himself, which his adversary saith was done, defeating or confounding his adversaries assertion (as you would say) and showing it to be without and against reason or likelihood, which is avouched. In our common law it is used diversly, first generally, for to prove: as Dirationabit ius suum haeres propinquior. Glanuile li. 2. cap. 6. and Habeo probos homines, qui hoc viderunt & audierunt, & parati sunt hoc dirationare. Idem lib. 4. cap. 6. and (Dirationavit terram illam in curia mea) Idem lib. 2. cap. 20. 1. he proved that land to be his own, etc. and (peroinentiam eam dirationavit in vita sua, vel alio modo just perquisivit) Idem, lib. 6. cap. 12. and Bracton useth it after the same sort, in these words: Habeo sufficientem disratiocinationem & probationem. lib. 4. tracta: 6 cap. 16. and so he useth (disrationare) lib. 4. cap. 22. and so in Westm. 2. anno. 13. Ed. pri: ca 32. an to dereine the warranty old. nat. br. f. 146. & to dereine the warranty paramount. an. 31. H. 8. c. primo. And dereigner le Warranty in Ploughed. casu Basset in fine. 2. partis fo. 6. 7. & 8. a. hath the same signification. So it is used, Westm. 2. cap. 5. anno. 13. Ed. 1. in these words: And when the person of any Church is disturbed to demand tithes in the next parish, by a writ of (Indicavit) the patron of the Parson so disturbed to demand tithes, shall have a writ, to demand the Advowsen of the tithes being in Demand: and when it is deraigned, then shall the plea pass in the court christian, as far forth as it is deraigned in the king's court. Bracton also, li. 3. tracta. 2. cap. 3. nu. 1. speaking of him that appealeth another for any treason orfelonie, hath these words. Proponat accusans appellum suum in hunc modum, sc: debet dicere se interfuisse, & vidisse certo loco, certo die, certa hora, & scivisse ipsum accusatum praelocutum fuisse mortem regis, vel seditionem suam, vel exercitus sui, vel consensisse, vel auxilium & consilium impendisse, vel ad hoc authoritatem praestitisse: & hoc ego juxta considerationem curiae disrationare paratus sum. He useth it likewise as the Normans use (Deraisniam) for him, that offereth to justify his denial: as lib. 3. tracta. 2. cap. 28. nu. 1. in these words. Rex consilio episcorum & bonorum misit propter comitem, ut statuto die veniret ad curiam, ad disrationandum vel defendendum se, si posset. Lastly, in some places I find the substantive (deremement) used in the very literal signification of the french (Disrayer) or (desranger) that is, as a man would say, turning out of course, displacing or setting out of order: as dereinement or departure out of religion. anno 31. H. 8. cap. 6. and dereinment or discharge of their profession. anno 33. H. 8. cap. 29. which is spoken of those religious men, that forsook their orders and professions: as also anno 5. & 6. Ed. 6. cap. 13. So doth Kitchen use the verb fo. 152. in these words: the leassee entereth into religion, and afterward is dereigned. And Britton useth these words (Semounse desrenable) for a summons that may be challenged as defective or not lawfully made, cap. 21. Of this you may read something more in Skene de verb. signif. verbo Disrationare, where in one signification he confoundeth it with our waging and making of law.  
De son tort demesne, seem to be certain words of form in an action of trespass, used by way of reply to the plea of the Desendant. For example: A. sueth B. in action of trespass. B. answereth for himself, ●hat he did that which A calleth a trespass, by the commandment of C. his master. A saith again, that B. did it de son tort demesne, sans ceo que. C. luy commaunda modo & forma, that is: B. did it of his own wrong, without that that C. commanded him in such form, etc.  
Detin et. See Debito and Debet.  
Detynew (detinendo) is a writ that lieth against him, who having goods or chatels delivered him to keep, refuseth to deliver them again. See of this Fitzh. nat. br. fol. 138. To this is answerable in some sort (actio depositi) in the civil law. And he taketh his action of ditinew, that intendeth to recover the thing delivered, and not the damages sustained by the detinew. Kitchen fol. 176. See the new book of Entries. verbo, Detinew.  
Devastaverunt bona testatoris, is a writ lying against executors, for paying Legacies and debts without specialties, to the prejudice of the creditors that have specialties, before the debt upon the said specialties be due. For in this case, the executors are as liable to action, as if they had wasted the goods of the testatourriotously or without cause. New terms of law.  
Divest (devestire) is contrary to Invest. For as Investire signifieth possessionem tradere. So (devestire) is (possessionem auferr●) feud. libro primo cap. 7.  
Devise, aliâs, divise cometh of the French (diviser, i. disper●iri, discernere, separare, distinguere) as (diviser par ci & par la, distribuere.) This word is properly attributed in our common law to him, that bequeathes his goods by his last will or testament in writing: and the reason is, because those that now appertain only to the Devisour, by this act are distributed into many parts. Wherefore I think it better written divise than devise, howbeit, it were not absurd, to derive this word from the French (deviser) i. sermocinari, fabulari, consilium confer. For in this sense it agreeth in some sort with the nature of the act of the testator, and with the Etymology of a testament set down by justinian, who saith, that testamentum is (quaesi mentis testatio. titulo. de Testa. ordinan. in Institut. and testatio mentis cannot be so well, as by talk and conference with our wise and skilful friends.  
Devoires of Cales, anno 2. R. 2. Stat. 1. cap. 3. & anno 5. eiusdem, stat. 2. cap. 2. were the customs due to the king for merchandise brought to or carried out from Caleis, when our Staple was there. The word is French, signifying as much as (officium) duty.  
Devorce, aliâs, divorce (divortium) is with our common Lawyers, accounted that separation between two de facto married together, which is à vinculo matrimonii, non solùm à mensa & thoro. And therefore the woman so divorced, receiveth all again that she brought with her. This is not, but only upon a nullity of the marriage through some essential impediment, as consanguinity or affinity within the degrees forbidden, precontract, impotency, or such like. See the new Terms of law.  
Diem clausit extremum, is a writ that lieth for the heir of him that holdeth land of the Crown, either by Knight's service or in soccage, and dieth, be he under or at full age, directed to the escheatour of the county for inquiry to be made by him, of what estate the party deceased was seized, and who is next heir unto him, and of what value the land is. The form thereof and other circumstances, you may learn in Fitzh. nat. br. fol. 251.  
Dyer, was a learned Lawyer, and Lord chief justice of the Common pleas, in the days of Queen Elizabeth: who writ a book of great account, called his Commentaries or Reports.  
Dies datus, is a respite given to the tenant or defendant before the court. Brooke titulo. Continuance.  
Dicker of leather, is a quantity consisting of ten hides. The name may seem to come from the Greek (decas) which is also a Latin word signifying ten in number.  
Dignity ecclesiastical (dignitas ecclesiastica) is mentioned in the statute anno 26. H. 8. cap. 3. and is by the Canonists defined to be (administratio cum jurisdictione & potestate aliqua coniuncta. Glos. in cap. 1. de consuet. in sexto.) whereof you may read divers examples in Duarenus de sacris eccles. minist. & benefic. lib. 2. cap. 6.  
Diocese (dioecesis) is a Greek word compounded of (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) and (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉,) and signifieth with us, the circuit of every Bishop's jurisdiction. For this realm hath two sorts of divisions, one into Shires or Counties, in respect of temporal policy, another into Dioceses in respect of jurisdiction ecclesiastical.  
Dieta rationabilis, is in Bracton used for a reasonable days journey. lib. 3. part. 2. chap. 16. It hath in the civil law divers other significations, not needful here to be set down. v. vocab: utirusque juris.  
Dimy haque. See Haque.  
Disalt, signifieth as much as to disable. Litleton in his chapter of Discontinance.  
deceit, See deceit and deception. See the new book of Entry, verbo Deceit.  
Descent, (Discensus) in the french (descent) signifieth in the common law, an order or means whereby lands or tenements are derived unto any man from his ancestors: as to make his descent from his Ancestors. Old nat. br. fol. 101. is to show how, and by what degrees, the land in question came to him from his ancestors: as first from his great grandfather to his grandfather, from his grandfather to his father, and so to him. Or in such other like sort: This descent is either lineal or collateral. Lineal descent is conveyed downward in a right line from the Grandfather, to the father, and from the father to the son, and from the son to the Nephew, etc. Collateral descent is springing out of the side of the whole blood: as Grandfather's brother, father's brother, etc. See the new Terms of law.  
Disclamer, (Disclamium) is a plea containing an express denial or refusal: as if the tenant siew a replevin upon a distress taken by the lord, and the lord avow the taking of the distress, saying that he holdeth of him as of his Lord, and that he distrained for rend not paid, or service not performed: then the tenant denying himself to hold of such Lord, is said to disclaim: and the Lord proving the tenant to hold of him, the tenant loseth his land. Terms of law. Of this see Skene de verb: signif: verbo Disclamation. Also if a man deny himself to be of the blood or kindred of another in his plea, he is said to disclaim his blood: Eitzh: nat: br: fol, 197. G. See Brook, titulo Disclaimer If a man arraigned of felony do disclaim goods, being cleared he loseth them. Stawnf. pl. cor. fol. 186. See the new book of Entries. verbo, Disclamer.  
Discontinuance, (Discontinuatio) cometh of the french (Discontinuer). i. cessare, intermittere) and signifieth in the common law, nothing else but an interruption or breaking of: as discontinuance of possession, or discontinuance of process. And the large discourse that Litleton hath about this (Discontinuance) is rather to show cases wherein it is, or wherein it is not, then to define the thing. The effect of discontinuance of possession is this, that a man may not enter upon his own land or tenement alienated, whatsoever his right be unto it, of his own self, or by his own authority, but must bring his writ, and seek to recover possession by law. Examples you may have store in his Terms of law, verbo Discontinuance. And in Litleton eodem capite, with whom agreeth another in these words: But discontinuance of possession is indeed an impediment to a man for entering into his own land or tenements, caused by the fact of one, that alienated them contrary to right, and gave Livery and seisin of them, whereby the true owner is left only to his action. See the new terms of law, and the Institutes of the Common Law. ca: 43. & see S. Ed. Coke reports. l. 3. the case of Fines. fo. 85. b. The effect of discontinuance of plea is, that the instance is fallen, and may not be taken up again, but by a new writ to begin the suit a fresh. For to be discontinued, and to be put without day, is all one; and nothing else, but finally to be dismissed the court of that instance. West. part 2. Simbol: titulo. Fines. sect: 115. So Crompton in his divers jurisdictions, fol: 131. useth it in these words: If a justice seat be discontinued by the not coming of the justices, the king may renew the same by his writ, etc. In this signification Fitzh: in his nat. br. useth the word divers times: as discontinuance of a corody, f. 193. A. To discontinew the right of his wife, fol. 191. L. &. 193. L. Discontinuance of an assize, fol. 182. D. 187. B.  
Disgrading, (Degradatio) is the punishment of a Clerk, that being delivered to his Ordinary, cannot purge himself of the offience, whereof he was convicted by the jury: and is nothing but the deprivation of him from those orders of Clerkship that he had, as Preistehood, Deaconship. etc. Stawnf. pl: cor: fol. 130. & 138. There is likewise disgrading of a knight. Stows Annals. pag. 865. And it is not to be omitted, that by the Canon law, there be two sorts of disgrading: one summary by word only, and another solemn by divesting the party degraded of those ornaments and rites, which be the ensigns of his order or degree.  
Dimes (Decimae) is made of the french (Decimes) and signifieth tithe or the tenth part of all the fruits, either of the earth, or beasts, or our labour, dew unto God, and so consequently to him that is of the Lords lot, and hath his share: viz. our pastor. It signifieth also the tenths of all spiritual livings, yearly given to the Prince (called a perpetual Disme. anno. 2. & 3. Ed. 6. ca 35) which in ancient times, were paid to the Pope, until Pope Vrbane gave them to Richard the second, to aid him against Charles the french king, and those other that upheld Clement the seventh against him. Polidor Virgil. Angl. hist: lib. 20. Lastly it signifieth a tribute levied of the Temporalty. Holinshed. in Henry. 2. fol. 111.  
Disparidgment, Disparagatio, is by our common lawyers, used especially for matching an heir in marriage under his or her degree. or against decency. See my Institutes. titulo de nuptiis. §. 6.  
Disseisin (Disseisina) cometh of the french (Disseisir) and signifieth in the common law, an unlawful dispossessing of a man of his land, tenement or other immovable or incorporeal right, justitut. of the the come. law. ca 15. And how far this extendeth, See Bracton, libro quarto, cap. tertio. And therefore the Assizes be called writs of disseisin, that lie against disseisours in any case. whereof some be termed little writs of disseisin. being vicontiel, that is, siewable before the shreeve in the county court, old. nat. br. fol. 109. because they are determined by the shreeve without assize. Register Original. fo. 198. b. as for Nuisances of no great prejudice. Disseisin is of two sorts; either simple disseisin, committed by day without force and arms. Bracton. li. 4. ca 4. Britton. ca 42. & 43. & 44. where you shall find in what especially it is lawful, in what not Britton. ca 53. And Disseisin by force, for the which see Defersour. See fresh Disseisin. See Redisseisin, and Postdisseisin. See Skene de verbo. significat. verbo Dissaisina. Disseisin how many ways it is committed. See Fleta. li. 4. ca 1. §. Fit autem, etc. & when it is lawful. ca 2.  
Distress (Districtio, Districtus) cometh of the French (Distress, augustiae) It signifieth most commonly in the common law, a compulsion in certain real actions, whereby to bring a man to appearance in court, or to pay debt or duty denied. The effect whereof most commonly is, to drive the party distrained to replevie the distress, and so to take his action of trespass against the distreiner, or else to compound neighbourly with him for the debt or duty, for the which he distreineth. In what cases a distress is lawful, see the new terms of law. The Civilians call it (pignorum captionem) Brissonius de verbo. significa. lib. 14. This compulsion is by Britton. ca 71. divided into a distress personal and distress real: distress personal, is made by surprising a man's movable goods, and detaining them for the security of his appearance to the suit, and to make him plaintiff. A distress real, is made upon immovable goods, as the Grand Cape & Petit Cape. And thus it is interpreted by Hotoman de verb. feudal: verbo Districtus. This differeth from an attachment in this point (among others) that a distress cannot be taken by any common person, without the compass of his own fee. Fitzh. nat. br. fol. 904 except it be presently after the cattles or other thing is driven or borne out of the ground by him that perceiveth it to be in danger to be distrained. New terms of the law. verbo distress.  
Districtus, is sometime used for the circuit or territory within the which a man may be thus compelled to appearance. Ca ne Romani. de electione in Clem: and Cassan. de consuetud: Burgand. pa. 90. Britton. ca 120. and so likewise is Districtio in the Register original. fol. 6. b. And so it seemeth to be used in pupilla oculi. part. 5. c. 22. Charta de foresta. See also Mincing. in the chapter. licet causam. 9 extra de probationibus. nu. 5. & Zasius in his 16. council. nu. 47. Distress, in the former signification, is divided first into finite and infinite. Finite is that which is limited by law, how often it shall be made to bring the party to trial of the action, as once, twice. Old nat. br. fo. 43. Distress infinite is without limitation until the party come: as against a jury that refuseth to appear super certificatione Assisae, the process is a (venire facias) (habeas corpora) and distress infifinite. Old. nat. br. fol. 113. Then it is divided into a grand distress. anno. 52. H. 3. ca 7. which Fitzherbert calleth in latin magnam districtionem. nat. br. fol. 126. A. and an ordinary distress. A grand distress is that, which is made of all the goods and cattles, that the party hath within the County. Britton. ca 26. fol. 52. but see whether it be sometime not all one with a distress infinite. Idem. fol. 80. with whom also the Statute of Marlbridge seemeth to agree. anno 52. H. 3. ca 7. & ca 9 & ca 12. See old. nat. breu. fol. 71. b. See grand distress, what thngs be distreinable, and for what causes. See the new Terms of law. verbo Distress. Of this also see more in Attachment.  
Distringas, is a writ directed to the shreeve, or any other ofofficer, commanding him to distrain one for a debt to the king, etc. or for his appearance at a day. See great diversity of this writ in the table of the Register judicial, verbo Distringas.  
Divise. See Devise.  
Dividends in the Exchequer, seemeth to be one part of an Indenture. anno 10. Ed. 1. ca 11. & anno 28. eiusdem. Stat. 3. ca 2.  
Dyvorce. See. Devorce.  
Docket, is a brife in writing. anno. 2. & 3. Ph. & Mar. ca 6. West writeth it (Dogget) by whom it seemeth to be some small piece of paper or parchment, containing the effect of a larger writing. Symbol. part. 2. titulo Fines. sect. 106.  
Doctor and Student, is a book containing certain dialogues, between a D. of Divinity, and a Student at the common Law, wherein are contained questions and cases, as well of the equity and conscience used in the common Law, as also a comparison of the civil, Canon, and common law together, very worthy the reading. The author is said by D. Cousin in his Apology, to be a gentleman, called Saint German, The book was written in the days of H. 8.  
To do law (facere legem) is as much as to make law. 23. H. 6. ca 14. See. Make.  
Dog draw, is a manifest deprehension of an offender against venison in the forest. There be four of these noted by M. Manhood. part. 2. of his forest laws. ca 18. nu. 9 viz. Stablest and Dog draw, Back bear, and Bloody hand. Dog draw, is when one is found drawing after a dear, by the sent of a hound, that he leadeth in his hand.  
Dogger, a kind of ship. an. 31. Ed. 3. Stat. 3. ca pr●.  
Doggerfish, ibid. c. 2. seemeth to be fish brought in those ships to Blackcney haven, etc. Dogger men. anno 2. H. 8. ca 4.  
Dogget, See Docket.  
Domo reparanda, is a writ that lieth for one against his neighbour, by the fall of whose house he feareth hurt toward his own house. Register original. fol. 153. for this point. The civilians have the action de damno infecto.  
Dole fish, seemeth to be that fish, which the fisher men, yearly employed in the north seize, do of custom receive for their allowance, See the statute. a. 35. H. 8. ca 7.  
Donatyve, is a benefice merely given and collated by the Patron to a man, without either presentation to the Ordinary, or Institution by the Ordinary, or Induction by his commandment. Fitzh. nat. br. fol. 35. E. See the statute, anno 8. R. 2. cap. 4. Of this Petr. Gregor. de beneficiis cap. 11. nu. 10. hatl. these words: Si tamen Capellaniae fundatae per Laicos non fuerint a Dioecesano approbatae, & ut (loquuntur) spiritualizatae, non censentur beneficia, nec ab Episcopo conferri possunt, sed sunt sub pia dispositione fundatoris. joh. Faber ad §. Nullius. De rerum divis: Ideo fundatores & haeredes eorum, possunt tales Capellanias donare sine Episcopo, cui volverint, tanquam profona beneficia. Guido Papaeus descis. 187. See also Gregorius. lib. 15. ca 29. sui syntagmatis. nu. 11. I find in the preface of M. Gwins' readings, that as the king might of ancient times found a free Chapel, and exempt it from the jurisdiction of the Diocesan: so he might also by his letters patents licence a common person, to found such a chapel, and to ordain, that it shallbe donative & not presentable, and that the Chaplain shall be depriveable by the founder and his heirs, and not by the Bishop. And this is likest to be the original of these Donatives in England. Fitzh. saith, that there be certain chantries, which a man may give by his letters patents. nat. br. fol. 33. C. See him also, fol. 42. B. All Bishoprics were donative by the king, Coke. li. 3. fo. 75. b.  
dooms day, (Rotulus Wintoniae) (domus Dei. Coke in Praefatione ad librum suum) is a book that was made in king Ed. the Confessors days, as the author of the old. nat. br. saith, f. 15. containing in it not only all the lands through England, but also all the names of those, in whose hands they were at that time when the book was made. M. Lamberd in his explication of Saxon words (verbo, Ius Dacoru, etc.) proveth out of Gervasius Tilburiensis, that this book was made in William the Conqueror's time: with whom agreeth M. Camden in his Britan. pag. 94. proving it out of Ingulphus, that flourished the same time. And for the better commendation of the book, it is not amiss to set down the words of Ingulphus, touching the contents thereof. Totam terram descripsit. Nec erat hyda in tota Anglia, quin valorem eius & possessorem scivit, nec lacus nec locus aliquis, quin in Regis rotulo extitit descriptus, ac eius reditus & proventus, ipsa possessio, & eius possessor regiae notitiae manifest atus, juxta taxatorum fidom qui electi de qualibet patria territorium proprium describebant. Iste rotulus vocatus est Rotulus Wintoniae, & ab Anglis pro sua generalitate, quòd omnia tenementa totius terrae continuit (doomsday) cognominatur. So it is called in the Statute anno pri. Ric. 2. cap. 6. And in Ockhams' lucubrations de fisci Regii ratione, which seemeth to be taken out of the Book called (Liber rubeus) in the Exchequer. It is termed (liber judicatorius) and the reason why quia in eo totius Regni descriptio diligens continetur: & tam de tempore Regis Edwardi, quam de tempore Regis Willielmi, sub quo factus est, singulorum fundorum valentia exprimitur.  
Dorture (Dormitorium) anno. 25. H. 8. ca 11. is the common room, place or chamber, where all the friars of one covent slept, and lay all night.  
Dote assignanda, is a writ that lieth for a widow, where it is found by office, that the king's tenant was seized of tenements in fee, or fee tail, at the day of his death, etc. and that he holdeth of the king in chief, etc. For in this case the widow cometh into the Chancery, and there maketh oath, that she will not marry without the kings leave. Anno 15. Ed. 3. ca 4. and hereupon she shall have this writ to the Escheatour, for which see the Register original fol. 297. and Fitzh. nat. br. f. 263. And this sort of widows is called the king's widow. See Widow.  
Dote unde nihil habet, is a writ of dower, that lieth for the widow against the tenant, which hath bought land of her husband in his life time, whereof he was feised solely in fee simple, or fee tail, in such sort as the issue of them both might have inhereted it. Fitzh. nat. br. fol. 147. Register fol. 170.  
Dotis admensuratione, See Admensurement. See the Register. fol. 171.  
Dotkins, a kind of coin. pl: cor: fol: 37. It seemeth to come of the Dutch word Duythen, that is, the eight part of a Stufer, or French Shilling, which in lat ne is called Solidus Gallicus.  
Doubles. anno 14. H. 6. cap. 6. signify as much as letters patents, being as it seemeth a French word made of the Latin (diploma.)  
Double plea, (duplex placitum) is that, wherein the defendant allegeth for himself two several matters, in bar of the action, whereof either is sufficient to effect his desire in debarring the plaintiff. And this is not to be admitted in the common law: wherefore it is well to be observed, when a plea is double, and when it is not. For if a man allege several matters, the one nothing depending of the other, the plea is accounted double. If they be mutually depending one of the other, then is it accounted but single. Kitchen foe 223. See Broke hoc titulo. But why this doubleness (for so Kitchen calleth it, fol. 234.) should be debarred, I see no reason (under correction all things being spoken.) For a man may have two good defences: and happily in the issue he shall contrarily to his hope fail in proving the one, and yet be able to carry the cause by the other. And therefore not only the Civilians, but Bracton also saith: Pluribus exceptionibus uti nemo prohibetur. lib. 5. tract. 5. cap. 5. num. 4. whom also read, libro, 4. cap. 17. And Sir Thomas smith's reason of this scantly satisfieth me, alleging this to be the course of our proceeding, because the trial is by twelve rude men, whose heads are not to be troubled with over many things at once. lib. 2. de Repub. Anglor. cap. 13.  
Double quarrel (duplex querela) is a complaint made by any Clerk or other unto the Archbishop of the Province, against an inferior ordinary for delaying of justice in some cause ecclesiastical: as to give sentence or to institute a clerk presented, or such like. The effect whereof, is that the said Archbishop taking knowledge of such delay, directeth his letters under his authentical seal, to all and singular clerks of his Province, thereby commanding and authorizing them and every of them, to admonish the said ordinary, within a certain number of days, namely, 9 days, to do the justice required, or otherwise to cite him to appear before him or his official, at a day in the said letters prefixed, and there to allege the cause of his delay. And lastly, to intimate to the said ordinary, that if he neither perform the thing enjoined, nor appear at the day assigned, he himself will, without farther delay, proceed to perform the justice required. And this seemeth to be termed a double quarrel,  
because it is most commonly made against both the judge, and him at whose petition justice is delayed.  
Dower (dos) cometh of the French (dovaire) and signifieth in our common law, two things: first, that which the wife bringeth to her husband in marriage, otherwise called maritagium, marriage good: next, and more commonly, that which she hath of her husband, after the marriage determined, if she outlive him. Glanvile. lib. 7. cap. 1. Bracton. lib. 2. cap. 38. Britton. cap. 101. in princ. And in Scotland, (does) signifieth just as much. Skene de verb. signif. verbo. Does. The former is in French called (dot) the other doüayre, and by them latined doarium. I likewise once thought it not unreasonable, to call the former a Dowry, & the other a Dower: but I find them confounded. For example: Smith de rep. Anglo. p. 105. calleth the later a dowry, and dower is sometime used for the former: as in Britton ubi supra. yet were it not inconvenient to distinguish them being so divers. The Civilians call the former (dotem) and the later (donationem propter nuptias.) Of the former the common law books speak very little. This only is to be noted, that whereas by the civil law, instruments are made before marriage, which contain the quantity of the wives dowry, or substance brought to her husband, that he having the use of it, during marriage, may, after certain deductions, restore it again to his wives heirs or friends, after the marriage dissolved: the common law of England, whatsoever chatels movable or immovable, or ready money she bringeth, doth make them forthwith her husbands own, to be disposed of, as he will, leaving her at his courtesy, to bestow any thing or nothing of her at his death. The reason whereof is said to be, the holding of the wife in obedience to her husband. Only if she be an inheretrice, her husband holdeth the land but during her life, except he have issue by her: but then he holdeth it by the courtesy of England during his own life. See Courtesy. And again, if he have any land in fee, whereof he was possessed during the marriage, she is to have a third thereof during her life, though she bring nothing to him, except she do by fine release her right, during the marriage. So that here is no great matter to be spoken of, but touching dower in the later signification. You must know therefore, that upon speech of marriage between two, the parents of both sides are commonly more careful in providing each for his child, than the parties themselves: and that by their means there be divers bargains made, sometime for the conveyance of lands, etc. to them and their issue: and this is said to be given in frank marriage: sometime to her during her life, and that before, or at the marriage: if before marriage, than it is called a jointure. For a jointure is a covenant, whereby the husband, or some for him is tied (ratione iuncturae) in consideration of the marriage, that the wife surviving him, shall have during her life, this or that tenement or lands, or thus much rend yearly paylible out of such land, etc. with clause of distress: and this may be more or less, as they do accord. Britton, cap. 101. whom read also ca 102. 103. 104. for conventio vincit legem. Bracton. lib. 5. tract. 4. cap. 9 The diversity of these jointures, you may see in West. part prima symbol. lib. 2. sect. 128. 129. 130. 131. 132. 133. But if none of these former bargains pass before marriage, then must the wife stick to her Dower: and that is sometime given at the Church door or the Chapel door, if the marriage be by licence, but not the chamber door; and may be what the husband will: so it exceed not a third part of his lands. G lanvile libro. 6. cap. pri. Or the half, as some say. Fitzh. nat. br. fol. 150. N. P. And this Dower is either certainly set down and named, or not named but only in generality, as the law requireth: if it be not named, then is it by law, the third part, and called (does ligitima) Bracton. lib. 4. tracta. 6. cap. 6. nu. 6. & 10. Magna. Charta. c. 7. or the half by the custom of some countries, as in gavelkind. Fitzh. nat. br. fol. 150. O. And though it be named, it seemeth that it cannot be above half the lands of the husband. Fitzh. nat. br. fol. 150. P. And the woman that will challenge this dower, must make 3. things good, viz. that she was married to her husband, that he was in his life time seized of the land, whereof she demandeth 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. nature. brev. fol. 147. 148. 149. & 150. And this custumary, dower, seemeth to be observed 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 join the grand customary of Normandy, cap. 102. where you shall perceive, that in a manner all our law in this point is taken from the Normans: See Endowment. Of dower read 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. seem to be wood or timber so joined together, as swimming or floating upon the water, they may bear a burden or load of other wares down the river.  
Draw 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 thieves, as Wasters and Roberdsemen mighty thieves, saying that the words be grown out of use.  
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.  
Dry exchange. an. 3. H. 7. ca 5. (Cambium siccum) seemeth to be a cleanly term invented for the disguising of foul usury, in the which some thing is pretended to pass of both sides, whereas in truth, nothing passeth but on the one side: in which respect it may well be called dry. Of this Ludovicus Lopes tractat: de contract: & negotiatio. lib: 2. ca pri. §. Deinde postquam: writeth thus: Cambium est real vel siccum. Cambium real dicitur, quod consistentiam veri Cambit realem habet, & Cambium per trans, & Cambium minutum. Cambium autem 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 juxta hanc acceptionem (in qua etiam accipitur in Extrau. Pii quinti) idem quod Cambium fictum. Non auten habet propriam naturam Cambii, sed mutui & usurae. At verò secundum Laurentium de Navarra in Commento de usuris & 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 praevia acceptione dat Campsor. Quod tamen, ut sic acceptum (autore Siluestro) licitè celebratur aliquando. Quia tunc verum & real 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 cattles are in the forest: that it may be known, whether it be overcharged or not, and whose the beasts be. This drift, when, how often in the year, by whom, and in what manner it is to be made, see Manwood part. 2. of his forest laws. cap: 15.  
Droit d' Advowzen. See Recto de advocatione Ecclesiae.  
Droit close. See. Recto clausum.  
Droit de dower. See Recto dotis.  
Droit sur Disclaimer. See Recto sur disclaimer.  
Droit patent. See Rectopatens.  
Deuces 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, verb. Deuces tecum.  
Duke (Dux) cometh of the french (Duc) It signifieth in ancient times among the romans Ductorem exercitus) such as led their armies, who if by their prows they obtained any famous victory, they were by their soldiers sa'uted (Imperatores) as Hotoman verbo Dux, de verbis feud il: proveth out of Lyvy, Tully, and others. Since that they were called (Deuces) to whom the king or people committed the custody or regiment of any province. Idem. eod. And this seemeth to proceed from the Lombard's or Germans, Sigon de regno Ital. l. 4. In some nations at this day, the Sovereigns of the country, are called by this name, as Duke of Russia, Duke of Swethen. here in England, Duke is the next in secular dignity to the Prince of Wales. And as (M. Camden saith) heretofore in the Saxons times, they were called Dukes, without any addition, being but mere officers, and leaders of armies. After the Conqueror came in, there were none of this title until Edward the thirds days, who, made Edward his son Duke of cornwall. After that there were more made, and in such sort, that their titles descended by inheritance to their posterity. They were created with solemnity (per cincturam gladii, cappaeque & circuli aurei in capite impositionem, vide Camd. Britan. pa. 166. Zasium de feudis part. 4. nu. 7. & Cassan. de consuetud. Burg pag. 6. & 10. and Ferns glory of generosity. pag. 139.  
Duchy court, is a court, wherein all matters appertaining to the Duchy of Lancaster, are descided the decree of the chancellor of that Court. And the original of it was in Henry the fourthes' days, who obtaining the crown, by deposing Richard the second, and having the Duchy of Lancaster by descent in the right of his mother, he was seized thereof as king, and not as Duke. So that all the liberties, franchises, and jurisdictions of the said Duchy passed from the king by his grand seal, and not by livery, or attournment: as the possessions of Everwicke, and of the Earldom of March, and such others did, which had descended to the king, by other Ancestors than kings. But at the last, Henry the 4. by authority of Parliament passed a charter, whereby the possessions, liberties, etc. of the said Duchy were severed from the Crown: Yet Henry the 7. reduced it to his former nature, as it was in Henry the fifts days. Crompton Iurisdict. fol. 136. The officers belonging to this Court are the Chancellor, the Attorney, Receiver general, Clerk of the court, the Messenger. Beside these, there be certain Assistants of this Court: as one Attorney in the Exchequer: one Attorney of the Duchy in the Chancery, four learned men in the law, retained of council with the King in the said court. Of this Court M. Gwin. in the preface to his readings thus speaketh: The court of the Duchy (or County Palatine of Lancaster) grew out of the grant of king Edward the third, who first gave the Duchy to his son john of Gawnte, 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 Duchy, whatsoever should befall of the Kingdom: and therefore he separated the Duchy from the Crown, and settled it so in the natural persons of himself and his heirs, as if he had been no king or Politic body at all: In which plight it continued, during the reign of K. Henry the 5. and Henry the 6. that were descended of him. But when King Edw. the 4. had (by recovery of the Crown) recontinued the right of the house of York, he feared not to appropriate that Duchy 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 7. who liking well of that policy of King H. the 4. (by whose right also he obtained the Kingdom) made like separation of the Duchy, as he had done, and so left it to his posterity which do yet enjoy it.  
Dumfuit infra aetatem, is a writ which lieth for him, that before he came to his full age, made a feoffment of his land in fee, or for term of life, or in tail, to recover them again from him, to whom he conveyed them. Fitzh. nat. br. fol. 192.  
Dum non fuit compos mentis, is a writ that lieth 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 alienee. Fitzh. nat. br. fol. 202.  
Duplicat, is used by Crompton, for a second letters patent granted by the Lord chancellor, in a case, wherein he had formerly done the same: and was therefore thought void. Cromptons' Iurisd. fol. 215.  
Dures (Duritia) cometh of the French (dur. i. durus, vel durete. i. duritas) and is in our common law, a plea used in way of exception, by him that being cast in prison at a man's suit, or otherwise by beating or threats hardly used, sealeth any bond unto him during his restraint. For the law holdeth this not good, but rather supposeth it to be constrained. Brook in his Abridgement joineth Dures and Manasse together. i. duritiam & minas, hardness and threatening. See the new book of Entries, verbo Dures. and the new Terms of law.   

E A  
EAlderman (Aldermannus) among the Saxons, was as much as Earl among the Danes. Camden. Britan. pag. 107. If ye go to the true etymology of the word, me thinketh, it should sound more generally, so much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians, or Senator with the Romans: who were rather counsellors at large, then bestowed upon any particular office, as Comites were. See County. And that signification we retain at this day almost in all our Cities, and borrows, calling those Aldermen, that are Associates to the Chief Officer in the common council of the Town. anno 24. H. 8. ca 13. or sometime the chief officer himself, as in Stawnford.  
Earl (Comes) in M. Camden's opinion. pag. 107. is a word made by the Danes of (Ealderman) a word of the Saxons. M. Lamberd seemeth notwithstanding to acknowledge, that Earl is originally a Saxon word. Explica. of Sax. words. verbo Paganus: and interpreteth it (Satrapam) which word the romans borrowing of the Persians, applied to those that were praefecti provinciarum. M. Verslegan in his restitution of decayed intelligence, deriveth it from two netherlands words (ear. i. honour) and (ethel i nobilis) wherein I leave the reader to his own judgement. This title in ancient time, was given to those, that were associates to the king in his counsels and Marshal actions (as Comes was to those that followed the Magistrates in Room, and executed their offices for them as their deputies, and died always with the man. Zasius hath of this word thus much. Comitum originem in Doctoribus non invenimus: sed noveris came dignitatem vetustissimam esse. Nam Cor. Tacitus in libello de Germania scribit apud priscos usu fuisse receptum, ut cuilibet principi seu Duci exercitus duodecim comites assignarentur: ideo dictos, quia comitarentur eos, & à Ducum latere non decederent. Comitum itaque originem Germanis moribus ortum esse, dictus receptissimus autor testis est. Quapropter quod in duodecimo libro Codicis aliqui tituli de Comitibus largitionum etc. inscribuntur, usurpationem Imperatoris ex Germanorum ritibus sumptam credo. But the Conqueror (as M. Camd. saith) 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 rising from the Prince's profits, for the plead and forfeitures of the province. For example, he bringeth an aunent Record in these words. Henricus 2. Rex Anglie his verbis Comitem creavit: Sciatis nos fecisse Huguenot Bigot Comiten de Nortfolk. sc: de tertio denario de Norwic. & Norfolk, sicut aliquis comes Angliae liberiùs comitatum suum tenet. Which words (saith the same author) an old book of Battle abbey thus expoundeth: Consuetudinaliter per totam Angliammos antiquitùs inoleverat, Comites provinciarum tertium denarium sibi obtinere, inde Comites dicti. And another book without name more fully. Comitatus a Comite dicitur, aut vice versa. Comes autem est, quia tertiam portionem eorum, quae de placitis proveniunt, in quolibet Comitatu percipit. Sed non omnes Comites ista percipiunt: sed hii quibus Rex haereditariò aut personaliter concessit. You may read M. Fern in Lacyse nobility, something to this effect. pa. 12. But he saith, that one Duke or Earl had divers Shires under his government, as a viceroy, and had lieutenants under him in every particular Shire, called a shreeve. That one Earl was dignified by the appellation or more then one Shyreeve, it appeareth by divers of our ancient Statutes, as namely by the sentence of excommunication pronounced by the Bishops against the infringers of the great Charter & charter of the forest. anno. 38. H. 3. Roger Bigot is named Earl both of Norfolk and Southfolke, and anno 1. Ed. 3. Thomas Earl of Lancaster and Leycester. Humsrey Bohum. Earl of Hereford and Essex. Dyer. fo. 285. nu. 39 At these days, as long since, the kings of England make Earls by their charters, of this or that County, giving them no authority over the County, nor any part of the profit rising of it, but only some annual stipend out of the Exchequer, rather for honour's sake, than any great commodity. And these be in other nations accounted Earls improperly. Quia illi dicuntur verè Comites, quibus datur Comitatus in feudum: illi Comites abusiuè, qui non habent administrationem. Vincentius de Franchis. descis. 115. nu. 7. The manner of creating Earls is by girding them with a sword. Camden. pag. 107. but see the solemnity thereof described more at large in Stows annals. pa. 1121 The occasion why these Earls in later time have had no sway over the County, whereof they bear their name, is not obscurely signified in Sir Thomas Smith. lib. 2. cap. 14. Where he saith, that the shreeve is called Vicecomes, as (Vicarius Comitis) following all matters of justice, as the Earl should do: and that because the Earl is most commonly attendant upon the king, in his wars or otherwise. So that it seemeth that Earls by reason of their high employments, being not able to follow also the business of the county, were delivered of all that burden, and only enjoyed the honour, as now they do. And the shreeve, though he be still called Vicecomes, yet all he doth, is immediately under the king, and not under the Earl. See County, & see Hetoman. de verb. feudal. verbo Comes: and Cassan, de consuetud. Burg. p 12.  
Easement, (esamentum) is a service that one neighbour hath of another by charter or prescription, without profit, as a way through his ground, a sink, or such like. kitchen. fol. 105. which in the civil law is called servitus pradii.  
Eel fares, aliâs, Eel Vare. an. 25. H. 8. cap. 7. be the fry or brood of Eels.  
Egyptians (Egyptiani) are in our statutes and laws of England, a counterfeit kind of rogues, that being English or Welsh people, accompany themselves together, disguising themselves in strange robes, blacking their faces and bodies, and framing to themselves an unknown language, wander up and down, and under pretence of telling of Fortunes, curing diseases, and such like, abuse the ignorant common people, by stealing all that is not too hot or too heavy for their cariaage. anno 1. & 2. Phi. & M. cap. 4. anno 5. Eliz. cap. 20. These are very like to those, whom the Italians call Cingari: of whom Franciscus Leo in suo the sauro fori ecclesiastici part prim. cap. 13. thus writeth: Cingari, qui corrupt vocabulo, quandoque etiam Saraceni nominantur, & permissione principum ac aliorum dominorum, per Italian vagantur, nec unquam viderunt partes infidelium, minusque legem Mahome it noverunt: sed sunt ferè omnes Itali, & male habituati, ex rebus furtivis vivunt, ac fraudulentis earum permut ationibus & ludis, in quibus ut plurimum fraudes committunt, & sunt baptizati.  
Ejection custodiae, Ejectment de guard, is a writ which lieth properly against him, that casteth out the Guardian from any land, during the minority of the heir. Register origin. fol. 162. Fitz. nat. br. fol. 139. Terms of the law. verbo. Gard. There be two other writs not unlike this: the one is termed Droit de guard, or right of guard, the other Ravishment de Gard. Which see in their places.  
Ejection firmae, is a writ, which lieth for the Leassee for term of years, that is cast out before the expiration of his term, either by the leassour, or a stranger. Register fol. 227. Fitz. nat. br. fo. 220. See Quare eiecit infra terminum. See the new book of Entries. verbo Eiectione firmae.  
Einecia, is borrowed of the French (Aisne. i. primogenitus) and signifieth in our common law, Eldership. Statute of Ireland. anno 14. Hen. 3. Of this see M. Skene deverb. signif. verbo. Eneya.  
Eyre, aliâs, Eyer, (Iter. Bracton lib. 3. cap. 11. in Rubrica) cometh of the old French word (Err. i. iter) as (à grand err. i. magnis itineribus.) It signifieth in Britton cap. 2. the court of justices itinerants: and justices in Eyre, are those only, which Bracton in many places calleth (justiciarios itinerantes') of the Eyre, read Britton ubi supra, who expresseth the whole course of it. And Bracton. lib. 3. tractat. 2. cap. 1. & 2. The Eyre also of the Forest is nothing, but the justice seat otherwise called: which is or should by ancient custom, be held every three year by the justices of the forest, journeying up and down to that purpose. Cromptons' Iurisd. fol. 156. Manmood part prima of his Forest laws. pag. 121. See justice in Eyre. Read Skene de verborum significa. verbo. Iter: whereby, as by many other places you may see great affinity between these 2. Kingdoms in the administration of justice and government.  
Election de Clerk (Electione clerici) is a writ, that lieth for the choice of a clerk, assigned to take and make bonds called statute Merchant: and is granted out of the Chancery upon suggestion made, that the Clerk formely assigned, is gone to dwell in another place, or hath hindrance to let him from following that business, or hath not land sufficient to answer his transgression, if he should deal amiss, etc. Fitzh. nat. br. fol. 164.  
Elegit, is a writ judicial, and lieth for him, that hath recovered debt or damages in the king's court, against one not able in his goods to satisfy: and directed to the shreeve, commanding him that he make delivery of half the parties lands or tenements, and all his goods, oxen and beasts for the plough excepted. Old nat. br. fol. 152. Register original fol. 299. & 301. and the Table of the Register judicial, which expresseth divers uses of this writ. The author of the new terms of law saith, that this writ should be siewed within the year, whom read at large for the use of the same.  
Elk a kind of ewe to make bows of. anno 33. H 8. cap. 9  
Empanel (Impanellare, Ponere in assisis & juratis) cometh of the french (Pan. 1. pellis) or of (Pannequ) which signifieth some time as much as a pane with us, as a pane of glass, or of a window. It signifieth the wrighting or entering the names of a jury into a parchment schedule or roll or paper, by the shreeve, which he hath summoned to appear for the performance of such public service, as juries are employed in. See Panell.  
Emparlance, cometh of the french (Parlour) and signifieth in our common law, a desire or petition in court of a day to pause, what is best to do. The civilians call it (petitionem induciarun) Kitchen fol. 200. interpreteth it in these words: If he imparle or pray continuance. For praying continuance is spoken interpretatiuè in that place, as I take it. The same author maketh mention of Emparlance general. fol. 201. and Emparlance special fol. 200. Emperlance general seemeth to be that which is made only in one word, and in general terms. Emparlance special, where the party requireth a day to deliberate, adding also these words: saluis omnibus advantagiis tam ad jurisdictionem Curia quam ad breve & narrationem, or such like: Britton useth it for the conference of a jury upon the cause committed unto them. ca 53. See Imparlance.  
Improvement, See Improvement.  
Encheson. A. 50. Ed. 3. ca 3. is a french word, signifying as much as occasión, cause, or reason wherefore any thing is done, See Skene de verbo. significa: verbo Encheson.  
Encrochement or Accrochement, cometh of the french (Accrocher. 1. apprehendere, inuncare, harpagare) and that cometh of (Crochure. 1. aduncitas) or (crochu. 1. aduncus) Encrochement, in our common law, signifieth an unlawful gathering in upon another man. For Example, if two men's grounds lying together, the one presseth too far upon the other: or if a tenant owe two shillings rend service to the Lord, & the Lord taketh three: So Hugh and Hugh Spencer encroached unto them royal power and authority, annoprim. Ed. 3. in prooem.  
inditement (Indictamentum) cometh of the French (Enditer. i defer nomen alicuius, indicare) or from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because M. Lamberd will have it so. Eirenar. lib. 4. cap. 5. pag. 468. It signifieth in our common law, as much as (Accusatio) in the civil law, though it have not in all points the like effect. West part 2. symb. titulo, Inditements) defineth it thus: An Indictment is a Bill or declaration made in form of law, (for the benefit of the common wealth) of an accusation for some offence, either criminal or penal, exhibited unto jurours, and by their verdict found and presented to be true, before an Officer having power to punish the same offence. It is an accusation, because the jury that inquireth of the offence, doth not receive it until the party that offereth the Bill, appear so far in it, as to subscribe his name, and offer his oath for the truth thereof. It differeth from an Accusation in this, that the preferrer of the Bill is no way tied to the proof thereof upon any penalty, if it be not proved, except there appear conspiracy. Wherefore, though moved by M. west's authority, I call it an Accusation: yet I take it to be rather (Denuntiatio) because it is of office done by the great inquest, rather than of a free intent to accuse. Of this you may read. S. Tho. Smith de Repub. Anglor. lib. 2. cap. 19 and Stawnf. pl. cor. lib. 2. cap. 23. 24. 25. 26. etc. Vsque 34. and M. Lamberds Eirenarcha. li. 4. ca 5. whence you may receive good satisfaction in this matter.  
Endowment (Dotatio) cometh of the french (Doüare) and signifieth the bestowing or assuring of a Dower. See Dower. But it is sometime used metaphorically, for the setting forth or severing of a sufficient portion, for a vicar toward his perpetual maintenance, when the benefice is appropriated. See Appropriation. And the statute A. 15. R. 2. cap. 6.  
Endowment de la plus bell part. is where a man dying seized of some lands, holding in knight's service, and other some in socage, the widow is sped of her dower, rather in the lands holding in socage, than knights service. Of this read Litleton more at large. li. 1. ca 5.  
Enfranchisement, cometh of the french (Franchise. 1. libertas) and is in a manner a french word of itself: It signifieth in our common law, the incorporating of a man into any society, or body politic. For example, he that by charter is made Denizen of England, is said to be enfranchised; and so is he that is made a citizen of London, or other city, or Burges of any town corporate, because he is made partaker of those liberties that appertain to the corporation, whereinto he is enfranchised. So a villain is enfranchised, when he is made free by his Lord, and made capable of the benefits belonging to freemen.  
Englecerie (engleceria) is an old abstract word, signifying nothing else but to be an English man. For example, if a man be privily slain or murdered, he was in old time accounted (Francigena) which word comprehendeth every alien, until Englecerie was proved: that is, until it were made manifest, that he was an Englishman. A man may marvel, what meaning there might be in this: but Bracton cleareth the doubt, who in his third book tract. 2. cap. 15. num. 3. telleth us, that when Canutus the Danish king, having settled his estate here in peace, did at the request of our Barons, disburden the land of his army, wherein he accounted his greatest safety: and conditioned with them, that his countrymen which remained here, should continue in peace: and the more to secure that, that for every Francigena (under which word (as is above said) he comprehended all outlandish men and women, and especially Danes) that was secretly murdered, there should be levied to his Treasury 66. merkes out of the village, where the murder was committed, or out of the hundred, if the village were not able to pay it: and further, that every man murdered should be accounted Francigena, except Englecery were proved: which how it was to be proved, look the 7. number in the same chapter. And see also Horns mirror of justices. lib. 1. cap. deal office del coroner, and Fleta lib. 1. cap. 30. This Englecerie for the abuses and troubles that afterward were perceived to grow by it, was clean taken away, by a statute made anno 14. Ed. 3. capite quarto.  
Inheritance: See Inheritance.  
inquest (Inquisitio) is all one in writing with the french word, and all one in signification both with the French and Latin. Howbeit, it is especially taken for that Inquisition, that neither the Romans, nor French men ever had use of, that I can learn. And that is the inquest of jurors, or by jury, which is the most usual trial of all causes both civil and criminal in our realm. For in causes civil after proof is made of either side, so much as each party thinketh good for himself, if the doubt be in the fact, it is referred to the discretion of twelve indifferent men, empaneled by the shreeve for the purpose: and as they bring in their verdict, so judgement passeth. For the judge saith, the jury findeth the fact thus: then is the law thus: and so we judge. For the inquest in causes criminal, see jury. and see Sir Thomas Smith de Repub. Anglor. lib. 2. cap. 19 An inquest is either of office, or at the mice of the party. Stawnf. pl. cor. lib. 3. cap. 12.  
Entendment, cometh of the French (intendment. i. intellectus, ingenium.) It signifieth in our common law so much, as the true meaning or signification of a word or sentence. See of this Kitchen, fol. 224.  
Entail (feudum talliatum) cometh of the French (entaille. i. inscisus) and in our common law, is a substantive abstract, signifying Fee-tail, or Fee-intayled. Litleton in the second chapter of his book, draweth Fee-tail from the verb Talliare, (which whence it cometh, or whether it will I know not) whereas in truth it must come from the French (taille. i. sectura,) or (tailler. i. scindere, secare) And the reason is manifest, because fee-tail in the law, is nothing but fee abridged, scanted or curtelled, (as you would say,) or limited and tied to certain conditions. Taille in France is metaphorically taken for a tribute or subsidy. v. Lupanum de Magistratibus Francorun. lib. 3. cap. Talea. See Fee. See Tail.  
Enterpleder (Interplacitare) is compounded of two french words: (entre. i. inter) and (pleader. i. disputare) and it signifieth in our common law, as much as cognitio praeiudicialis in the civil law: that is, the discussing of a point incidently falling out, before the principal cause can take end. For example, two several persons being found heirs to land by two several offices in one county, the king is brought in doubt to whether livery ought to be made: and therefore before livery be made to either, they must enterpleade, that is, formerly try between themselves, who is the right heir. Stawnf. praeroga: chap. 19 See more examples in Brook. titulo Enterpleder.  
Entiere tenancy, is contrary to several Tenency, signifying a sole possession in one man: whereas the other signifieth joint or common in more. See Brooke several tenancy. See the new book of Entries, verbo Entire tenancy.  
Entry (Ingressus) cometh of the french (Entry. i. introitus ingressus, aditus) and properly signifieth in our common law, the taking possession of lands or tenements. See Plowden. Afsise of fresh force in London. fo. 93. b. It is also used for a writ of possession, for the which See Ingressu. And read West also, part. 2. Symbol. titulo Recoveries. sect: 2. &. 3. Who there showeth for what things it lieth, and for what it lieth not. Of this Britton in his 114. chapter writeth to this effect. The writs of entry savour much of the right of property. As for example: some be to recover customs and services: in the which are contained these two words (solet & debet) as the writs Quo iure, Rationabilibus divisis, rationabili estoverio, with such like. And in this plea of entry there be three degrees: The first is, where a man demandeth lands or tenements of his own seisin, after the term is expired. The second is, where one demandeth lands or tenements let by another after the term expired. The third, where one demandeth lands or tenements of that tenant, that had entry by one, to whom some ancestor of the plaintiff did let it for a term now expired. According to which degrees the writs for more fit remedy are varied. And there is yet a fourth form, which is without the degrees, and in case of a more remote seisin, whereunto the other three degrees do not extend. The writ in the second degree is called a writ of entry in le per: and a writ in the third degree is called a writ of entry in le per & cui: and the fourth form without these degrees, is called a writ of entry in le post, that is to say, after the disseisin which such a one made to such a one. And if any writ of entry be conceived out of the right case, so that one form be brought for another, it is abatable. The form of the first degree is such. Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino, qui est elapsus. The second is such: Praecipe Petro quod reddat Willielmo manerium etc. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem, avunculum, vel amitam, vel cognatum, avum vel proavum dicti Petri, qui dictum manerium danifit pro termino qui est elapsus. The third form is such: Praecipe johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel matter, vel alius antecessor aut cognatus idem dimisit, cuius haeres est ipse Petrus, pro termino, qui est elapsus. And the form without the degrees is such: In quod non habuit ingressum, nisi post lessam, quam talis pater aut matter (sic ut supra) cuius haeres ille est, inde fecit pro termino, qui est elapsus. And in those four degrees be comprehended all manner writs of entry, which be without certainty and number. Thus far Britton: by whom you may perceive, that those words (solet & debet) and also those other words (in le per) (in le per & cut) and (in le post) which we meet with many times in books shortly and obscurely mentioned, do signify nothing else, but divers forms of this writ, applied to the case, whereupon it is brought; and each form taking his name from the said words contained in the writ. And of this read Fitz. in his nat. br. fol. 193. & 194. This writ of entry differeth from an assize, because it lieth for the most part, against him, who entered lawfully, but holdeth against law: whereas an assize lieth against him that unlawfully disseised: yet sometime a writ of entry lieth upon an intrusion. Regist. orig. fol. 233. b. See the new book of Entries, verbo. Entre Brevis. fol. 254. colum. 3. I read of a writ of entry in the nature of an assize. Of this writ in all his degrees, read Fleta lib. 5. cap. 34. & seqq. 5.  
Entrusion (Intrusio) in our common law, signifieth a violent or unlawful entrance into lands or tenements, being utterly void of a possessor, by him that hath no right nor spark of right unto them. Bracton lib. 4. cap. 2. For example, if a man step in upon any lands, the owner whereof lately died, and the right heir, neither by himself nor others, as yet hath taken possession of them. What the difference is between Abator and Intrudor, I do not well perceive, except an Abatour be he that steppeth into land void by the death of a tenant in fee, and an Entrudour that doth the like into lands, etc. void by the death of the tenant for terms of life or years. See Fitz. nat. br. fol. 203. F. The author of the new Terms of law would have abatement latined, (Interpositionem, aut Introitionem per interpositionem) and to be restrained to him that entereth before the heir after the decease of a tenant for life, though the new book of Entries fol. 63. C. & 205. D. & 519. C. by his confession doth Latin (Abatement) by this word (Intrusionem.) See Abatement. See Disseisin. See Britton, cap. 65. Entrusion is also taken for the writ brought against an Intrudour, which see in Fitzh. nat. br. fol. 203.  
Entrusion de guard, is a writ, that lieth where the Infant within age entered into his lands, and holdeth his Lord out: for in this case, the Lord shall not have the writ (De communi custodia) But this. Old nat. br. fol. 90.  
Enure, signifieth to take place or effect, to be available, Example: A Release shall envure by way of extinguishment. Litleton. cap: Release: And a release made to a tenant for term of life, shall enure to him in the Reversion.  
Erius, alius Iris, is the flower de. luce. whose divers kinds you have expressed in Gerard's herbal. lib. 1. ca 34. The root of this is mentioned among merchandise or drugs to be garbled. anno. 1. laco. ca 19  
Ermines, seemeth to come of the french (Ermine. i. mus araneus) it signifieth a fur of great price.  
Erminstreate. See Watlingstreate.  
Errand (Itinerans) cometh of the french (Errer). i. errare) or the old word (Err. i. iter) It is attributed to justices of circuit. pl. cor: f: 15. and Bailiffs at large. See justices in Eyre. and Bailiff. See also Eyre.  
Error (Error) cometh of the french (Erreur) and signifieth more specially in our common law, an error in pleading or in the process. Brooke, titulo Error. And thereupon the writ, which is brought for remedy of this oversight, is called a writ of error, in Latin, De errore corrigendo: thus defined by Fitz. in his nat. br. fol. 20. A writ of error is that properly, which lieth to redress false judgement given in any court of record, as in the common bench, London, or other city, having power (by the king's charter or prescription) to hold plea of debt. See the new book of Entries. verbo. Error. or trespass above the sum of twenty shillings. This is borrowed from the French practice, which they call (proposition d'erreur.) Whereof you may read in Gregorius De appellation. pag. 36. In what diversity of cases this writ lieth, see the Register original in the Table, verb. Errore corrigendo, and Register judicial. fol. 34. There is likewise a writ of error to reverse a fine. West part 2 sect. symbol. titulo. Fines 151.  
Errore corrigendo. See Error.  
Escambio, is a licence granted to one, for the making over of a Bill of Exchange to a man over Sea. Register. original. fol. 194. a.  
Escape (Escapium) cometh of the French (Eschapper.. i. aufugere effugere): and signifieth in the law, a violent or privy evasion out of some lawful restraint. For example, if the shreeve upon a Capias directed unto him, take one, and endeavour to carry him to the Gaol, and he in the way, either by violence or by slight, break from him: this is called an Escape. pl. cor. fol. 70. Many examples might be brought out of him and others, but the thing is plain: Stawnford lib. 1. ca 26. pl. cor. nameth two kinds of Escapes, voluntary & negligent: Voluntary is, when one aresteth another for felony or some other crime, and afterwards letteth him go whither he listeth. In which escape the party that permitteth it, is by law guilty of the fault committed by him that escapeth, be it felony, treason, or trespass: Negligent escape is, when one is arrested, and afterward escapeth against his will that arrested him, and is not pursued by fresh suit, and taken again, before the party pursuing hath lost the fight of him: Idem, cap. 27. but there read more of this matter, for there be doubts worth the consideration. And of the course of punishment by the civil law in this point, read in practica criminali Claudii de Battandier. reg. 143. read also Cromptons' justice. fol. 35. b. & fol. 36. & 37. and read the new Terms of law. There is an escape of beasts likewise: and therefore he that by charter, is quietus de escapio in the forest, is delivered of that punishment, which by order of the forest, lieth upon those whose beasts be found within the land forbidden: Cromptons' Iurisdict. fo. 196.  
Exchequer (Scaccarium) cometh of the French (Eschequier. i. abacus, tabula lusoria) and signifieth the place or court of all receipts belonging to the crown, and is so termed, as I take it, by reason that in ancient times, the accountants in that office used such tables as Arithmeticians use for their calculations, for that is one fignification of (Abacus) amongst others. Polidor. Virgil. lib. 9 histo. Anglo. saith that the true word in latin is Statarium, and by abuse called Scaccarium. In mine opinion, it may well seem to be taken from the Germane word (schatz) signifying as much as (the saurus) or (fiscus) And from this fountain (no doubt) springeth the Italian word (Zeccha) signifying a mint: and Zeccherii alias Zecchieri) the officers thereunto belonging, Descis. Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office took the name à tabula ad quam assidebant, proving it out of Geruasius Tilburiensis, whose words you may read in him. This court is taken from the Normans, as appeareth by the grand customary. cap. 56. where you may find the Eschequier thus described. The Eschiquier is called an assembly of high justiciers, to whom it appertaineth to amend that which the Bailiffs and other meaner justiciers have evil done, and unadvisedly judged: and to do right to all men without delay, as from the prince's mouth: Skene de verbo. significatione: verbo (Scaccarium) hath, out of Paulus Aemilius these words: Scaccarium dicitur quasi Statarium, quòd homines ibi in iure sistantur, vel quòd sit stataria & perennis Curia, cum ceterae curiae essent indictivae, nec loco nec tempore statae: where he saith also of himself, that in Scotland the Exchequer was stable, but the other session was deambulatorie, before james the 5. qui instituit Statariam curiam, cum antea esset indictiva: he addeth farther: Others think that Scaccarium is so called a similitudine ludi Scaccorum, that is the play of the chests: because many persons meet in the Chequer, pleading their causes one against the other, as if they were fight in an arrayed battle: Others think that it cometh from an old Saxon word (Scata) as writeth S. Thomas Smith, which signifieth treasure, taxation, or imposts, whereof account is made in the Chequer: This court consisteth, as it were, of 2. parts: whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the prince's coffers, anciently called Scaccarium computorum, as Ockam testifieth in his lucubration: the other is called the receipt of the Exchequer, which is properly employed in the receiving and payment of money. Crompton in his jurisdictions, fo. 105. defineth it to be a court of record, wherein all causes touching the revenues of the crown are handled. The officers belonging to both these, you may find named in M. Camden's Britannia, ca Tribunalia Angliae, to whom I refer you. The king's exchequer which now is settled in Westminster, was in divers countries of Wales, anno 27. H. 8. ca 5. but especially ca 26.  
Escheat (Eschaeta) cometh of the French (escheoir, i. cadere, accidere, excidere, and signifieth in our common law, any lands or other profits, that fall to a Lord within his manner by way of forfeiture, or the death of his tenant, dying without heir general or especial, or leaving his heir within age or unmarried, Magna chart. ca 31. Fitzh. nat. br. fol. 143. T. etc. Escheat is also used some time for the place or circuit within the which the king or other Lord hath escheats of his tenants. Bracton li. 3. tract. 2. cap. 2. & pupilla oculi part 5. ca 22. Escheat thirdly, is used for a writ, which lieth, where the tenant having estate of see simple in any lands or tenements holden of a superior lord, dieth seized without heir general or especial. For in this case the Lord bringeth this writ against him that possesseth these lands after the death of his tenant, and shall thereby recover the same in lieu of his services. Fitzh. nat. br. fol. 144. These that we call Escheats, are in the kingdom of Naples called Excadentiae or bona excadentialia: as: Baro locat excadentias eo modo quo locatae fuerunt ab antiquo: it a quoth in nullo debit a servitia minuantur, & non remittit gallinam debitam: jacobutius de Franchis in praeludiis ad feudorum usum, tit. 1. nu. 29. & nu. 23. v. Maranta singularia, verbo Excadentia. And in the same signification, as we say the fee is escheated, the Feudists use (feudum aperitur. li. 1. feud. titulo. 18. §. 2. ti. 15. & ti. 26. §. 4.  
Escheatour (Escaetor) cometh of (Escheat) and signifieth an officer that observeth the escheats of the king in the county, whereof he is Escheatour, and certifieth them into the Exchequer: This officer is appointed by the L. treasurer, and by letters patents from him, and continueth in his office but one year, neither can any be Escheatour above once in 3. years. anno. 1. H. 8. cap. 8. & anno 3. eiusd. ca 2. See more of this officer and his authority in Cromptons' justice of peace. See an. 29. Ed. 1. The form of the Escheatours oath, see in the Register original. fol. 201. b. Fitzh. calleth him an officer of record. nat. br. fol. 100 C. because that which he certifieth by virtue of his office, hath the credit of a record. Officium escaetriae, is the escheatourship. Register. orig. fo. 259. b.  
Escuage (Scutagium) cometh of the French (Escu. i. clypeus) a bucler or sneild. In our common law, it signifieth a kind of knight's service, called service of the shield, whereby the tenant holding is bound to follow his Lord into the Scottish or Welsh wars, at his own charge: for the which see Chyvalrie. But note that Escuage is either uncertain or certain. Escuage uncertain, is properly Escuage, and knights service, being subject to homage fealty, ward and marriage, so called, because it is uncertain how often a man shallbe called to follow his lord into those wars, and again what his charge willbe in each journey. Escuage certain, is that which yearly payeth a certain rent in am of all services, being no further bound then to pay his rent, called a knight's fee, or half a knight's fee, or the fourth part of a knight's fee, according to his land & this loseth the nature of knight's service, though it hold the name of Escuage, being in in effect, Soccage. Fitzh. nat. br. fol. 84. C.  
Esnecy (Aesnecia) is a prerogative given to the eldest coparcener, to choose first after the inheritance is divided. Fleta. li. 5. ca 10. §. in divisionem.  
Esplees (Expletia) seem to be the full profits that the ground or land yieldeth, as the hay of the meadows, the feed of the pasture, the corn of the earable, the rents, services, and such like issues: Ingham. It seemeth to proceed from the latin (expleo) The profits comprised under this word, the Romans call properly accessiones. Nam accessionum nomine intelliguntur ea generaliter omnia, quae ex re, de qua agitur, orta sunt, veluti fructus, partus, & omnis causa rei, & quaecunque ex re procedunt. l. 2. Π. De in diem adiectio. li. 50. Π. Ad Trebel. l. 61. §. hiis etiam. Π. de furt. See the new Terms of law.  
Esquire (Armiger) is in letters little altered from the french (Escuier. i. scutiger) It signifieth with us a gentleman, or one that beareth arms, as a testimony of his nobility or gentry. S. Thomas Smith is of opinion, that at the first, these were bearers of arms to Lords and Knights, and by that had their name and dignity. Indeed the french word is sometime translated (Agaso) that is, a boy to attend or keep a horse, and in old English writers, it is used for a lackey or one that carrieth the shield or spear of a knight. Mast. Camden in his Britannia pag. 111. hath these words of them: having spoken of Knights: Hiis proximi fuere Armigers, qui & scutiseri, hominesque ad arma dicti, qui vel a clypeis gentilitiis, qua in nobilitatis insignia gestant: vel quia principibus & matoribus illis nobilibus ab armis erant, nomen traxerunt. Olim enim ex hiis duo unicuique militi seruiebant, galeam clypeumque gestabant. etc. Hotoman in the sixth chapter of his disputations upon the feods saith, that these which the French men call Escuiers) were a military kind of vassal having ius scuti, which is as much to say (he there interpreteth himself) as that they bore a shield, and in it the ensigns of their family, in token of their gentility or dignity.  
Essendi quietum de telonio, is a writ that lieth for Citizens or burgesses of any city or town, that have a charter or prescription to exempt them from tolle, through the whole realm, if it chance they be any where exacted the same. Fitzh. nat. br. fol. 226. Register fol. 258.  
essoin (Essonium) cometh of the French (Essoniè or exonniè. i. causarius miles) he that hath his presence forborn or excused upon any just cause, as sickness or other encumbrance. It signifieth in our common law, an alledgement of an excuse for him that is summoned, or sought for to appear and answer to an action real, or to perform suit to a court baron, upon just cause of absence. It is as much as (excusatio) with the Civilians. The causes that serve to essoin any man summoned, be divers & infinite: yet drawn to five heads, whereof the first is (ultra mare) the second (de terra sancta) the third (de malo vemendi) which is also called the common essoin the fourth is (de malo lecti) the fifth (de seruitio Regis) For further knowledge of these, I refer you to Glanvile in his whole first book, and Bracton li. 5. tractat. 2. per totum. and Briton ca 122. 123. 124. 125. and to Horns mirror of justices, li. 1. ca des Essoinis, who maketh mention of some more Essoines touching the service of the king celestial, than the rest do, and of some other points not unworthy to be known. Of these essoines you may read farther in Fleta l. 6. c. 8. & seqq. & that these came to us from the Normans, is well showed by the Grand customary, where you may find in a manner all said, that our lawyers have of this matter, cap. 39 40. 41. 42. 43. 44. 45.  
Essoines and proffers, anno 32. H. 8. cap. 21. See Proffer.  
Essonio de malo lecti, is a writ directed to the shreeve, for the sending of 4. lawful knights to view one that hath essoined himself the malo lecti. Register. orig. fol. 8. b.  
Establishment of dower, seemeth to be the assurance of dower, made to the wife by the husband or his friends, before or at marriage. And assignment is the setting it out by the heir afterward, according to the Establishment. Britton. cap. 102. & 103.  
Estandard or Standard, cometh of the French (Estandart) or Estendart. i. signum, vexillum. It signifieth an Ensign in war, as well with us as with them. But it is also used for the principal or standing measure of the King, to the scantling whereof, all the measures through the land, are or aught to be framed by the Clerk of the market, Aulneger, or other officer according to their functions, For it was established by the statute of Magna charta. anno 6. H. 3. ca 9 that there should be but one scantlin of weights or measures through the whole realm, which is sit hence confirmed by Anno 14. Ed. 3. ca 12. and many other statutes, as also that all should be fitted to the Standard sealed with the king's seal. It is not called a Standard without great reason: because it standeth constant and immovable, and hath all other measures coming toward it for their conformity, even as soldiers in field have their Standard or colours for their direction in their march or skirmish. Of these Standards and measures, read Britton. cap. 30.  
Estate, cometh of the French (Estate. i. conditio) and signifieth especially in our common law, that title or interest, which a man hath in lands or tenements, as estate simple, otherwise called fee simple, and estate conditional or upon condition, which is (as Litleton saith, li. 3. ca 5.) either upon condition indeed, or upon condition in law. Estate upon condition in deed is, where a man by deed indented infeoffeth another in fee, reserving to him and to his heirs yearly a certain rent paiable at one feast or at divers, upon condition that if the rent be behind, etc. that it shall be lawful to the feoffor and to his heirs, to enter in the lands or tenements, etc. Estate upon condition in law, is such as hath a consideration in the law annexed to it, though it be not specified in writing. For example, if a man grant to another by his deed, the office of a Parkership for term of his life, this estate is upon condition in the law, or employed by law. viz. if the Parker so long shall well and truly keep the park, etc. I read also of an estate particular, which is an estate for life or for years. Parkins Surrenders. 581.  
Estopel, seemeth to come from the French (estouper. i. oppilare, obturare, stipare, obstipare) and signifieth in our common law, an impediment or bar of an action growing from his own fact, that hath or otherwise might have had his action: for example: A tenant maketh a feoffment by collusion to one: the Lord accepteth the services of the feoffee: by this he debarreth himself of the wardship of his tenants heir. Fitz. nat. br. fo. 142. K. divers other examples might be showed out of him and Brook h. titule Sir Edward Cook. lib. 2. casu Goddard fol. 4. b. defineth an estopel to be a bar or hindrance unto one to plead the truth, and restraineth it not to the impediment given to a man by his own act only, but by another's also. li. 3. The case of Fines. fol. 88 a.  
Estovers (Estoverium) cometh of the French (estouver. 1. fovere) and signifieth in our common law, nourishment or maintenance: for example: Bracton. lib. 3. tractat. 2. cap. 18. num. 2. useth it for that sustenance, which a man taken for felony, is to have out of his lands or goods for himself and his family, during his imprisonment: and the statute anno 6. Ed. prim. cap. 3. useth it for an allowance in meat or cloth. It is also used for certain allowances of wood, to be taken out of another man's woods. So is it used West. 2. cap. 25. anno 13. Edw. 1. M. West part 2. symbol. titulo Fines. sect. 26. saith, that the name of Estovers containeth housebote, hay-bote, and plow-bote: as if he have in his grant these general words: De rationabili estoverio in boscis, etc. he may thereby clay me these three.  
Estrepement, or Estripament, (estrepementum) cometh of the French word (estropier. i. mutilare, obtruncare) the which word the French men have also borrowed of the Italians, or rather Spaniards, with whom (Estropear) signifieth to set upon the rack. It signifieth in our common law, spoil made by the tenant for term of life, upon any lands or woods, to the prejudice of him in the reversion, as namely in the statute anno 6. Ed. 1. ca 13. And it may seem by the derivation, that Estrepament is properly the unm easurable soaking or drawing of the heart of the land by ploughing or sowing it continually, without manuring, or other such usage as is requisite in good husbandry. And yet (Estropier signifying mutilare) it may no less conveniently be applied to those, that cut down trees or lop them farther than the law will bear. This signifieth also a writ, which lieth in two sorts, the one is, when a man having an action depending (as a fordom, or dum fuit infra aetatem, or writ of right, or any such other) wherein the demandant is not to recover damages, sueth to inhibit the tenant for making waste, during the suit. The other sort is for the demandant, that is adjudged to recover seisin of the land in question, and before execution siewed by the writ Habere facias seisinam, for fear of waste to be made before he can get possession, sueth out this writ: See more of this, in Fitzh. nat. br. fol. 60. & 61. See the Register orig. fol. 76. and the Regist. judicial. fol. 33.  
Estreate (extractum vel extracta) cometh of the French (Traict) which among other things signifieth a figure or resemblance: and is used in our common law, for the copy or true note of an original writing. For example, of amerciaments or penalties set down in the rolls of a court, to be levied by the Bay life or other officer, of every man for his offence. See Fitzh. nat. br. fol. 75. H. I. K. & 76. A. And so is it used Westm. 2. cap. 8. anno 13. Edw. 1.  
Estrey (extrahura) in our common law signifieth any beast not wild, found within any Lordship, and not owned by any man. For in this case, if it being cried, according to law, in the market towns adjoining, shall not be claimed by the owner within a year and a day, it is the Lords of the soil. See Britton cap. 17. See Estrays in the Forest, anno 27. H. 8. cap. 7. New book of Entries. verbo. Trespass concernant estrey.  
Evidence, (Evidentia) is used in our law generally for any proof, be it testimony of men or instrument. Sir Thomas Smith useth it in both sorts. lib. 2. cap. 17. in these words: Evidence, in this signification, is authentical writings of contracts after the manner of England, that is to say, written, sealed, and delivered. And lib. 2. cap. 23. speaking of the prisoner that standeth at the bar, to plead for his life, and of those that charge him with felony, he saith thus: then he telleth what he can say: after him likewise all those, who were at the apprehension of the prisoner, or who can give any Indices or tokens, which we call in our language (Evidence) against the malefactor.  
Examiner in the Chancery or starchamber, (examinator) is an Officer in either Court, that examineth the parties to any suit upon their oaths, or witnesses producted of either side: whereof there be in the Chancery two.  
Exception (exceptio) is a stop or stay to an action, being used in the civil and common law both alike, and in both divided into dilatory and peremptory. Of these see Bract. lib. 5. tract. 5. per totum, and Britton cap. 91. 92.  
Exchange, (excambium, vel cambium) hath a peculiar signification in our common law, and is used for that compensation, which the warrantor must make to the warranty, value for value, if the land warranted be recovered from the warranty. Bracton lib. 2. cap. 16. & li. 1. cap. 19 It signifieth also generally as much as (Permutatio) with the Civilians, as the King's Exchange, anno 1. H. 6. cap. 1. & 4. & anno 9 Ed. 3. stat. 2. cap. 7. which is nothing else, but the place appointed by the king for the exchange of bullion, be it gold or silver, or plate, etc. with the King's coin. These places have been divers heretofore as appeareth by the said statutes. But now is there only one, viz. the tower of London conjoined with the mint. Which in time past might not be, as appear by anno 1. Henrici 6. ca 4.  
Exchequer, see Exchequer.  
Excheatour, see Escheatour.  
Excommunication, (excommunicatio) is thus defined by Panormitan: Excommunicatio est nihil aliud, quam censura à Canone, vel judice ecclesiastico prolata & insticta, privans legitima communione sacramentorum, & quandoque hominum. And it is divided in maiorem & minorem, Minor est, per quam quis à Sacramentorum participatione conscientia vel sententia arcetur. Maior est, quae non solùm à Sacramentorum, verùm etiam fidelium communione excludit, & ab omniactu legitimo separat & di vidit. Venatorius de sentent. excom.  
Excommunicato capiendo, is a writ directed to the shreeve, for the apprehension of him that standeth obstinately excommunicated for forty days: for such a one not seeking absolution, hath or may have his contempt certified or signified into the Chancery, whence issueth this writ, for the laying of him up without bail or mainprize, until he conform himself. See Fitz. nat. br. fol. 62. & anno 5. Eliz cap. 23. and the Regist. orig. fol. 65. 67. & 70.  
Excommunicato deliberando, is a writ to the under shyreeve, for the delivery of an excommunicate person out of prison, upon certificate from the Ordinary of his conformity to the jurisdiction ecclesiastical. See Fitzh. nat. br: fol. 63. A. and the Register fol. 65. & 67.  
Excommunicato recipiendo, is a writ whereby persons excommunicate, being for their obstinacy committed to prison, and unlawfully delivered thence, before they have given caution to obey the authority of the church, are commanded to be sought for and laid up again. Register orig. fo. 67. a.  
Executione facienda, is a writ commanding execution of a judgement: the divers uses whereof, see in the table of the register judicial. verbo Executione facienda.  
Executione facienda in Withernamium, is a writ that lieth for the taking of his cattles, that formerly hath conveyed out of the county the cattles of another, so that the bailiff having authority from the shreeve, to replevy the cattle so conveyed away, could not execute his charge. Register original, fol. 82. b.  
Execution (Executio) in the common law, signifieth the last performance of an act, as of a fine, or of a judgement. And the execution of a fine, is the obtaining of actual possession of the things contained in the same, by virtue thereof: which is either by entry into the lands, or by writ: whereof see West at large, part. 2. Symbol. titulo Fines. sect: 136. 137. 138. Executing of judgements, and statutes, and such like, see in Fitzh. nat. br. in Indice. 2. Verbo Execution. S. Ed. Coke. vol: 6. casu Blumfield. fo. 87. a. maketh two sorts of executions, one final, another with a (quousque) tending to an end. An execution final is that, which maketh money of the defendants goods, or extendeth his lands, and delivereth them to the plaintiff. For this the party accepteth in satisfaction: and this is the end of the suit, and all that the king's writ commandeth to be done. The other sort with a (Quousque) is tending to an end, and not final, as in the case of (capias ad satisfaciendum etc.) this is not final: but the body of the party is to be taken, to the intent and purpose to satisfy the demandant: and his imprisonment is not absolute, but until the defendant do satisfy. Idem. ibidem.  
Executor (Executor) is he, that is appointed by any man, in his last will and testament, to have the disposing of all his substance, according to the content of the said will. This Executor is either particular or universal. Particular, as if this or that thing only be committed to his charge. Universal, if all. And this is in the place of him, whom the Civilians call haeredem, and the law accounteth one person with the party, whose executor he is, as having all advantage of action against all men, that he had, so likewise being subject to every man's action, as far as himself was. This executor had his beginning in the civil law, by the constitutions of the Emperors, who first permitted those, that thought good by their wills to bestow any thing upon good and godly uses, to appoint whom they pleased, to see the same performed, and if they appointed none, than they ordained, that the bishop of the place should have authority of course, to effect it. l. 28. C. de Episcopis & clericis. And from this in mine opinion, time and experience hath wrought out the use of these universal executors, as also brought the administration of their goods that die without will, unto the Bishop.  
Exemplificatione, is a writ granted for the exemplification of an original, see the Register original. fol. 290.  
Ex gravi querela, is a writ that lieth for him, unto whom any lands or tenements in fee within a city, town or borough, being devisable, are devised by will, and the heir of the devisor entereth into them, and detaineth them from him. Register original. fol. 244. Old nat. br. fol. 87. See Fitzh. nat. br. fol. 198. L.  
Exigendarie of the common bank (Exigendarius de banco comuni) is otherwise called Exigenter. anno 10. H. 6. cap. 4. and is an officer belonging to that court, for the which see Exigenter.  
Exigent (Exigenda) is a writ, that lieth where the defendant in an action personal, cannot be found, nor any thing within the county, whereby to be attached or distrained, and is directed to the shreeve, to proclaim and call five county days one after another, charging him to appear under the pain of outlawry. Terms of the law. This writ lieth also in an indictment of felony, where the party indicted cannot be found: Smith de Rep. Angl. li. 2. ca 19 It seemeth to be called an Exigent: because it exacteth the party, that is, requireth his expearance or forthcoming, to answer the law, for if he come not at the last days proclamation, he is said to be quinquies exactus, and then is outlawed. Crompton Iurisd. fol. 188. and this M. Manwood also setteth down for the law of the forest. part. i. of his forest laws pag. 71. See the new book of Entries, verbo Exigent.  
Exigenter (Exigendarius) anno 18. H. 6. ca 9 is an officer of the court of common pleas, of whom there be four in number: They make all Exigents and proclamations in all actions, where process of outlawry doth lie, and writs of supersedeas, as well as the protonotaries, upon such exigents, as were made in their offices.  
Ex mero motu, are words formally used in any charter of the Prince, whereby he signifieth, that he doth that which is contained in the charter of his own will and motion, without petition or suggestion made by any other. And the effect of these words are to bar all exceptions, that might be taken unto the instrument wherein they be contained, by alleging that the Prince in passing that charter, was abused by any false suggestion: Kitchen fol. 151.  
Exoneratione sectae, is a writ that lieth for the king's ward, to be disburdened of all suit, etc. to the County, Hundred, Leet, or court Baron, during the time of his wardship. Fitz. nat. br. fol. 158.  
Exparte latis, is a writ that lieth for a Bailiff or Receiver, that having Auditors assigned to hear his account, cannot obtain of them reasonable allowance, but is cast into prison by them. Regist. fol. 137. Fitzh. nat. br. fol. 129. The manner in this case is, to take this writ out of the Chancery directed to the shreeve, to take four mainperuours to bring his body before the Barons of the Echequer at a day certain, & to warn the Lord to appear at that time: New Terms of the law. verb. Account.  
Expectant, is used in the common law with this word (fee) and thus used, it is opposite to Fee-simple. For example, lands are given to a man and his wife in frank marriage, to have and to hold to them and their heirs. In this case they have Fee simple. But if it be given to them and the heirs of their body, etc. they have tail and see expectant. Kitchen fol. 153. Mathaeus de afflictis useth the adjective (expectativa) substantively in the same signification. Descis. 292. num. 2. pag. 412.  
Explees. See Espleese.  
Expeditate (expeditare) is a word usual in the Forest, signifying to cut out the balls of the great dogs feet, for the preservation of the King's game. Every one that keepeth any great dogs not expeditated, forfeiteth to the king 3. shillings 4. pence. Crompt. iurisd. fol. 152. M. Manwood useth the same word, part prim. of his Forest laws, pag. 205. and pag. 212. he setteth down the manner of expeditating dogs heretofore, viz. Quòd tres ortelli abscindantur sine pellota de pede anteriori. i. that the three claws of the sorefoot on the right side, shall be cut off by the skin, whereunto he also addeth out of the same ordinance, called the Assize of the Forest, that the same manner of expeditating of dogs, shall be still used and kept, and none other. Quaere whence it groweth, that M. Crompton and he differ: the one saying, that the ball of the foot it cut out, the other that the three foreclawes are pared off by the skin.  
Expensis militum levandis, is a writ directed to the shyrecue, for levying the allowance for Knights of the Parliament. Register original. fol. 191. b.  
Expensis militum non levandis ab hominibus de antiquo dominico, nec à nativis, is a writ whereby to prohibit the shreeve from levying any allowance for the Knights of the Shire, upon those that hold in ancient demesn, etc. Regist. orig. fol. 261. b.  
Extend (extendere) cometh of the French (estendre. i. dilatare, dispandere, distendere) and signifieth in our common law, to value the lands or tenements of one bound by statute, etc. that hath forfeited his bond, to such an indifferent rate, as by the yearly rent the obligour may in time be paid his debt. The course and circumstances of this see in Fitzh. nat. br. fol. 131. Brief d'execution sur statut Merchant.  
Extendi facias, is a writ ordinarily called a writ of extent, whereby the value of lands, etc. is commanded to be made and levied in diverse cases, which see in the table of the Register original.  
Extent (extenta) hath two significations, sometime signifying a writ or commission to the shreeve for the valuing of lands or tenements. Register judicial in the Table of the book: sometime the act of the shreeve or other Commissioner, upon this writ. Brooke titulo. Extent. fol. 313.  
Extinguishment, in our common law, signifieth an effect of consolidation. For example, if a man have due unto him a yearly rent out of any lands, and afterward purchase the same lands, now both the property and rent are consolidated, or united in one possessor, and therefore the rent is said to be extinguished. In like manner it is, where a man hath a lease for years, and afterwards buyeth the property: this is a consolidation of the property and the fruits, and is an extinguishment of the lease, See the terms of law.  
Extirpatione, is a writ judicial, that lieth against him, who after a verdict found against him for land, etc. doth maliciously overthrow any house upon it, etc. and it is twofold, one ante judicium, the other post judicium: Register judicial fol. 13. 56. 58.  
Extortion (Extortio) signifieth in our common law, an unlawful or violent wring of money or money worth from any man. For example, if any officer by terrifiing any the kings subjects in his office, take more than his ordinary duties, he committeth, and is inditeable of extortion: To this (by M. west's judgement) may be referred the exaction of unlawful usury, winning by unlawful games, and (in one word) all taking of more than is due, by colour or pretence of right; as excessive tolle in milners, excessive prices of ale, bread, victuals, wares, etc. West part. 2. Simbol. titulo. Indictments sect: 65. M: Manwood saith, that extortion is Colore officis, and not virtute officii. part. 1. of his forest laws, pag. 216. M. Crompton in his justice of peace fol. 8. hath these words in effect: wrong done by any man is properly a trespass: but excessive wrong done by any is called extortion: and this is most properly in officers, as shreeves, Majors, Bailiffs, Escheatours, and other officers whatsoever, that by colour of their office work great oppression, and excessive wrong unto the King's subjects, in taking excessive reward, or fees, for the execution of their office. Great diversity of cases touching extortion, you may see in Cromptons' justice of peace. fol. 48. b. & 49. & 50. See the difference between colore officij, & virtute vel ratione officij. Ploughed. casu. Dives. fol. 64. a. This word is used in the same signification in Italy also. For Cavalcanus de brachio regio, part 5. num. 21. thus describeth it. Extortio dicitur fieri, quando judex cogit aliquod sibi dari quod non est debitum, vel quodest ultrà debitum: vel ante tempus petit id, quod post administratam justitiam debetur.  
Extreats. See Estreats.  
Eyre. See Eire.   

F  
FAculty, (facultas) as it is restrained from the original and active signification, to a particular understanding in law, is used for a privilege, or especial power granted unto a man by favour, indulgence, and dispensation, to do that which by the common law he cannot do: as to eat flesh upon days prohibited, to marry without bans first asked, to hold two or more ecclesiastical livings, the son to succeed the father in a benefice; and such like. And for the granting of these, there is an especial officer under the Archbishop of Canterbury, called (Magister ad facultates) the Master of the faculties.  
Fag. anno 4. Ed. 4. cap. 1.  
Faint and false action, seem to be Synonimons in Litleton. fol. 144. For (faint) in the French tongue signifieth as much as (feigned) in English.  
Faint pleader (falsa placitatio) cometh of the French (faint) a participle of the verb (feindre. i. simulare, fingere) and (pledoir. i. placitare.) It signifieth with us, a false covenous, or collusory manner of pleading, to the deceit of a third party. anno 34. & 35. H. 8. cap. 24.  
Fair, aliás, Feire, (feria) cometh of the French (foire) and signifieth with us, as much as (Nundinae) with the Civilians: that is a solemn or greater sort of market, granted to any town by privilege, for the more speedy and commodious provision of such things, as the subject needeth, or the utterance of such things, as we abound in, above our own uses and occasions: both our English and the French word seem to come of (Feriae) because it is always incident to the privilege of a Fair, that a man may not be arrested or molested in it for any other debt, than first was contracted in the same, or at least was promised to be paid there. an. 17. Ed. 4. cap. 2. & anno 1. R. 3. cap. 6.  
Fair pleading, see Beau pleader.  
Faitours, seemeth to be a French word antiquated, or something traduced. For the modern French word is (faiseur. i. factor) It is used in the statute anno 7. R. 2. cap. 5. And in the evil part, signifying a bad doer. Or it may not improbably be interpreted an idle liver, taken from (faitardise) which signifieth a kind of numb or sleepy disease, proceeding of too much sluggishness, which the Latins call (veternus.) For in the said statute it seemeth to be a Synonymon to Vagabound.  
Falke land, aliâs, folk land. See Copyhold and freehold.  
False imprisonment, (falsum imprisonamentum) is a trespass committed against a man, by imprisoning him without lawful cause: it is also used for the writ which is brought upon this trespass. Fitz nat. br. fol. 86. K. & 88 P. v. Broke h. t. See the new book of Entries. verbo. False imprisonment.  
Falso judicio, is a writ, that lieth for false judgement given in the county, Hundred, Court Baron, or other courts being no court of record, be the plea real or personal. Register original fol. 15: Fitzh. nat. br. fol. 17. See the new book of Entries. verbo False judgement.  
False prophecies. See Prophecies.  
Falso returno bre●●im. is a writ lying against the Syreeve, for false returning of writs. Register iudic. fo. 43. b.  
Falsify, seemeth to signify as much, as to prove a thing to be false. Perkins Dower. 383. 384. 385.  
Farthing, or farthing of gold. seemeth to be a come used in ancient times, containing in value the fourth part of a noble. viz. twenty pence silver, and in weight the sixth part of an ounce of gold, that is, of five shillings in silver, which is threepences and something more. This word is is found anno 9 H. 5. stat. 2. ca 7. thus: Item that the king do to be ordained good and just weight, of the noble, half noble, and farthing of gold, with the rates necessary to the same, for every city, etc. by which place it plainly appeareth, to have been a coin, as well as the noble and half noble.  
Farthing deal aliâs Farundell of land (Quadrantata terrae) signifieth the fourth part of an acre. Crompt. Iurisd fol. 220. Quadrantata terrae. is read in the register orig. fol. 1. b. where you have also Denariata & ●bolata, solidata, & librata terrae, which by probability must rise in proportion of quantity from the farthing deal, as an halfpenny, penny, shilling, or pound rise in value and estimation: then must ●bolata be half an acre, denariata the acre, solidata twelve acres, & librata twelve score acres, and yet I find (viginti libratas terrae vel reditus. Regist. original. fol. 94. a & fol. 248. b. Whereby it seemeth, that librata terrae, is so much as yieldeth twenty shillings per annum, and centum soliditas terrarum tenement orum & redituum. fol. 249. a. And in Fitz. nat. br. fol. 87. F. I find these words: viginti libratas terrae vel reditus, which argueth it to be so much land as twenty shillings per annum. See Furlong.  
Fate or Fat: is a great wooden vessel, which among brewers in London, is ordinarily used at this day, to measure malt by, containing a quarter, which they have for expedition in measuring. This word is read anno 1. H. 5. cap. 10. & anno 11. H. 6. cap. 8.  
Fealty (fidelitas) cometh of the French (fault. i. fides) and signifieth in our common law, an oath taken at the admittance of every tenant, to be true to the Lord, of whom he holdeth his land. And he that holdeth land by this only oath of fealty, holdeth in the freest manner, that any man in England under the king may hold: because all with us that have fee, hold (per fidem & fiduciam) that is, by fealty at the least. Smith de Repub. Anglor. li. 3. cap. 8. for, fidelitas est de substantia feudi, as Dwarenus saith de feud. cap. 2. num. 4. and Mathaeus de afflictis decis. 320. num. 4. pag. 465. saith, that fidelitas est substantiale feudi, non servitium. The particulars of this oath, as it is used among the feudists, you may read well expressed by Zasius in his Tractate de feudis. part. 7. num. 15. & 16. which is worth the comparing with the usual oath taken here in our part of Britanny. This fealty is also used in other nations, as the Lombard's and Burgundians. Cassanaus de consuet. Burgund. pag. 419. & 420. And indeed the very first creation of this tenure, as it grew from the love of the lord toward his followers, so did it bind the tenant to fidelity, as appeareth by the whole course of the feods. And the breach thereof is loss of the fee. Duarenus in Commentariis feudorum cap. 14. num. 11. & Wesenbecius in tract. de feudis cap. 15. num. 4 & seqq. Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur. Hotoman in his Commentaries (De verbis feudalibus) showeth a double fealty: one general, to be performed by every subject to his prince: the other special, required only of such, as in respect of their fee are tied by this oath toward their landlords: both we may read of in the grand Customary of Normandy, being of course performed to the Duke, by all resient within the Duchy. The effect of the words turned into latin by the Interpreter, is this: Fidelitatem autem tenentur omnes residentes in Provincia Duci facere & servare: unde tenentur se ei innocuos in omnibus & fideles exhibere, nec aliquid ipsum incommodi procurare: nec eius inimicis praebere contra ipsum consilium vel iuvamen: & qui ex hoc inventi fuerint ex causa manifesta, notabiles & traditores Principis reputantur. Et omnes eorum possessiones perpetuae Principi remanebunt, si super hoc convicti fuerint vel damnati: Omnes enim in Normania tenentur Principi fidelitatem observare. unde nullus homage ium vel fidelitatem alicuius potest recipere, nisi salva Principis fideliiate. Quod etiam est in eorum receptione specialiter exprimendum. Inter Dominos autem alios & homines fides taliter debet observari, quòd neuter in personam alterius personalem violentiam, seu percussionis iniectionem cum violentia, debet irrogari. Si quis e●●m eorum ex hoc fuerit accusatus in curia & convictus, feudum omne debet amittere etc. This fealty special, is with us performed either by free men or by villains. The form of both see anno 14. Ed. 1. stat. 2. in these words: when a freeman shall do fealty to his lord, he shall hold his right hand upon a book, and shall say thus: Hear you my lord R. that I. P. shallbe to you both faithful and true, and shall owe my fealty to you for the land that I hold of you at the terms assigned: So help me god and all his saints. When a villain shall do fealty unto his lord, he shall hold his right hand over the book, and shall say thus: Hear you my lord. A. that I. B. from this day forth unto you shallbe true and faithful, and shall owe you fealty for the land that I hold of you in villeinage, and shallbe justified by you in body and goods: So help me god & all his Saints. See the Register original. fol. 302. a.  
Fee (Feodum, aliâs Feudum) cometh of the French) Fief. i. praedium beneficiarium, vel res clientelaris) and is used in our common law, for all those lands which we hold by perpetual right: as Hotoman well noteth verbo Feodumide verbis f●udalibus: our ancient lawyers either not observing whence the word grew, or at the least not sufficiently expressing their knowledge, what it signified among them, from whom they took it, Feudum whence the word (Fief) or fee cometh, signifieth in the Germane language (beneficium cuius nomine opera quaedam gratiae testifieandae causa debentur, Hotoman disput. ca 1. And by this name go all lands & tenements, that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject, do divide all lands and tenements, wherein a man hath a perpetual estate to him and his heirs, etc., into Allodium & Feudum. Allodium is defined to be every man's own land, etc. which he possesseth merely in his own right, without acknowledgement of any service, or payment of any rent unto any other, and this is a property in the highest degree, and of some it is called (allaudium ab a privativa particula, & laudum vel laudatio, ut sit praedium cuius nullus author est nisi deus. Est enim laudare, vel Nouio teste, nominare. Quod & Budaeus docuit ad Modestinum. l. Herennius 63. Π. de hear. institu. Prataeus. verbo. Allaudium. Hotoman in verb. feuda. Feudum is that, which we hold by the benefit of another, and in the name whereof we owe service, or pay rend, or both, to a superior lord. And all our land here in England (the Crown land which is in the kings own hands in the right of his crown, excepted) is in the nature of Feudum or fee, for though many a man hath land by descent from his Ancestors, and many another hath dearly boughtland for his money, yet is the land of such nature, that it cannot come to any, either by descent or purchase, but with the burden that was laid upon him, who had novel fee, or first of all received it as a benefit from his Lord, to him and to all such, to whom it might descend, or any way be conveyed from him. So that if we will reckon with our host (as the proverb is) there is no man here, that hath directum dominium. i. the very property or demain in in any land, but the prince in the right of his crown. Camd. Britan. pag. 93. for though he that hath fee, hath ius perpetuum, & utile dominium: yet he oweth a duty for it: & therefore is it not simply his own. Which thing I take those words, that we use for the expressing of our deepest right in any lands or tenements, to import: for he that can say most for his estate, saith thus: I am seized of this or that land or tenement in my demain, as of fee. Seisitus inde in dominico meo ut de feudo, and that is as much, as if he said, it is my demain or proper land after a sort: because it is to me and mine heirs forever: yet not simply mine, because I hold it in the nature of a benefit from another. yet the statute anno 37. H. 8. ca 16. useth these words of lands invested in the crown: but it proceedeth from the ignorance of the nature of this word (fee) for fee cannot be without fealty sworn to a superior, as you may read partly in the word (Fealty) but more at large in those that write de feudis: and namely Hotoman, both in his commentaries and disputations. And no man may grant, that our king or Crown oweth fealty to any superior but God only. Yet it may be said, that land, etc. with us is termed fee in two respects; one, as it belongeth to us and our heirs for ever: and so may the Crown land be called Fee: the other, as it holdeth of another, which is and must be far from our Crown. Britton ca 32. defineth fee to this effect. Fee is a right consisting in the person of the true heir, or of some other, that by just title hath, purchased it. Fleta saith that Feudum est quod quis tenet ex quacunque causa sibi & haeredibus suis, sive sit tenementum, sive reditus, qui non proveniunt ex camera, & alio modo dicitur feudum, sicut eius quifeoffat, & quod quis tenet ab alio: sicut dicitur: talis tenet de tali tot feuda per servitium militare. li. 5. ca 5. §. Feudum autem. And all that write de feudis, do hold that (Feudatarius) hath not an entire property in his fee: Nay, it is held by right learned men, that these fees were at the first invention or creation of them, either all or some of them temporary, and not perpetual and hereditary. jacobutius de Franchis in praeludio fend. ca 2. nu. 133. The divisions of (fee) in divers respects are many, and those though little known to us in England, yet better worthy to known, than we commonly think. But for our present purpose, it is sufficient to divide Fee into two sorts: Fee absolute, otherwise called simple: and Fee conditional, otherwise termed fee tail: Fee simple (Feudum simplex) is that, whereof we are seized in these general words (to us and our heirs for ever.) Fee tail (Feudum talliatum) is that, whereof we are seized to us and our heirs with limitation, that is, the heirs of our body, etc. And fee tail is either general or special. General is, where land is given to a man and the heirs of his body. The reason whereof is given by Litleton ca 2. li. 1. because a man seized of land by such a gift, if he marry one or more wives, and have no issue by them, and at the length marry another, by whom he hath issue, this issue shall inherit the land: Fee tail special is that, where a man and his wife be seized of lands to them, and the heirs of their two bodies. The reason is likewise given by Litleton in the same place, because in this case, the wife dying without issue, and he marrying another, by whom he hath issue, this issue, cannot inherit the land, being specially given to such heirs, etc. this Fee tail hath the original, from the statute of Westm. 2. cap. 1. which was made anno 13. Ed. 1. yet see Bracton. li. 2. ca 5. nu. 3. hiis verbis. Item quaedam absoluta & larga, & quaedam stricta & coarctata, sicut certis haeredibus to whom add Plowden, casu Willion. fo. 235. a. b. & seqq. for before that statute, all land given to a man and his heirs, either general or special, was accounted in the nature of fee: and therefore held to be so firmly in him to whom it was given: that, any limitation notwithstanding, he might alienate and fell it at his pleasure: much like that which the Civilians call (Nudum praeceptum) binding rather by way of counsel and advice, than compulsion or restraint: And this thing seeming unreasonable to the wisdom of our realm, because so a man meaning well to this or that posterity of himself or his friends, might be forthwith deceived of his intention, the said statute was made for redress of this inconvenience, whereby it is ordained, that if a man give lands in fee, limiting the heirs to whom it shall descend, with a reversion to himself or his heirs for default, etc. that the form and true meaning of his gift, shallbe observed. Wherefore in what conscience our lawyers have invented means, so easily to cut off this form of gift, it is to be considered. He that hath fee then, holdeth of another by some duty or other, which is called service, and of this service and the diversity thereof, See Chivalry and Service. He that will learn from what fountain these feuds or fees did first spring let him read Antonius Contius his first chapter de methodo feudorum, where he shall receive great light for his guide into so obscure a dungeon. See Liege. This word, (Fee) is sometime used with us, for the compass or circuit of a Lordship or manner. Bracton. lib. 2. cap. 5. in these words: In eadem villa & de eodem feodo. Thirdly it is used for a perpetual right incorporeal: as to have the keeping of prisons in fee. old. nat. br. fol. 41. Foster in fee eod. fol: 6. Rend granted in fee. eod. fo. 8 shreeve in fee. ann 28. Ed pri. stat. 3. ca 8. Lastly fee signifieth a reward or ordinary duty, that a man hath given him for the execution of his office, or the performance of his industry in his art or science: as the lawyer or the physician is said to have his fee, when he hath the consideration of his pains taken, the one with his client, the other with his patient.  
Fee expectant, is by the feudists termed feudum expectativum, or expectativa, substantively used, Mathaeus de Afflictis decis. 292. nu. 2. pag. 417. See expectant.  
Fee fcrm (feudi firma) is a compound of Fee. whereof see (Fee) and (ferm.. i. coloma, villa, praedium rusticum, of (Farm) cometh Fermier du prince. i. manceps, redemptor publicorum vectigalium, Publicanus,) Feeferm signifieth in our common law, land held of another in fee, that is in perpetuity to himself and his heirs, for so much yearly rent, as it is reasonably worth, more or less, so it be the fourth part of the worth, old tenurcs, See exposition of the statute of Gloucester anno 6. Ed. pri. without homage, fealty or other services, other than be especially comprised in the feoffment, but by Fitzh. it seemeth that the third part of the value may be appointed for the rent, or the finding of a chaplain to sing divine service, etc. nat. br. fol. 210. C. And the nature of it is this, that if the rent be behind and unpaid for the space of two years, than the feoffor or his heirs have action to recover the lands as their demesnes: Britton ca 66. nu. 4. but observe out of West. symbol. part 1. lib. 2. sect. 463. that the feoffment may contain services and suit of court, as well as rend: and the author of the new terms of law, saith, that Feeferm oweth fealty, though not expressed in the feoffment, for that fealty belongeth to all kind of tenors: This is near the nature of that, which among the Civilians is called (ager vectigalis, qui in perpetuum licetur. i. hac lege ut quam diu pro eo vectigal pendatur, tam diuneque ipsis qui conduxerunt, neque iis qui in locum eorum successerunt, auferri eum liceat. l. 1. Π. siager vectigalis, etc.  
Feed (Feida alias Faida) signifieth in the Germane tongue Guerram. i. (capitales inimicitias vel bellum) Hotoman disputat: de feudis ca 2. B. Foemina dicitur faidam non facere. gloss: in §. ult. De lege Conradi lib. 2. de feudis, by reason that women by the law, are not subject to warfare, to battle or proclamation made for that cause. Skene de verbo: signif. verbo Assidatio. M. Lamberd in his explication of Saxon words writeth it (Feeths) and saith likewise, that it signifieth capitales inimicitias, and also that (Feud) used now in Scotland and the north parts of England, is the same, and that is, a combination of kindred to revenge the death of any of their blood against the killer and all his race.  
Felony (Felonia) seemeth to come of the french (felony. Turrian. impetuositas, atrocitas, immisericordia) Felonia (saith Hotomande verbis feudalibus) non praescisè contumaciam vasalli in dominum, huiusue in vasallum perfidiam significat, verum quoduis capitale facinus. And again. Felonia Gothis & Longobardis dicitur quod Germanis hody Schelmarey, latinis Scelus. S. Ed. Cook saith thus. Ideo dicta est felonia qua fieri debet felleo animo. li. 4. fo. 124. b. Hostiensis in sua summa titulo, De feudis, and others speak of this to this effect. Felonia, alias Fallonia est culpa vel iniuria, propter quam vasallus amittit feudum. Sedhec respicit dominum feudi. Est & alia fallonia quae non respicit dominum, sc. quando vasallus interficit fratrem vel filium suum, vel filium fratris, vel aliud crimen commisit quod parricidii appellatione continetur. & plures aliae falloniae tam respicientes dominum, quam alios propter quas feudum amittitur ibi not antur. We account any offence felony that is in degree next unto petit treason, and compriseth divers particulars under it, as murder, theft, killing of a man's self, sodometry, rape, wilful burning of houses, and divers such like, which are to be gathered especially out of statutes, whereby many offences are daily made felony, that before were not. Felony is discerned from lightter offences by this, that the punishment thereof is death. How be it this is not perpetual. For petit larcenie (which is the stealing of any thing under the value of twelve pence) is felony, as appeareth by Broke titulo Coron. num. 2. his reason is, because the indictment against such a one must run with these words, (felonicè cepit) and yet is this not punished by death though it be loss of goods. Any other exception I know not, but that a man may call that felony, which is under petit treason, and punished by death. And of this there be two sorts: one lighter, that for the first time may be relieved by clergy, another, that may not. And these you must also learn to know by the statutes: for Clergy is allowed, where it is not expressly taken away. Of these matters read Stawnfords' first book of his pl. cor. from the end of the second Chapter, to the 39 and the statutes whereby many offences be made felony, since he writ that learned book. See also Lamberds justice of peace, lib. 2. cap. 7. in a Table drawn for the purpose. As also lib. 4. cap. 4. pag. 404. and Crompton in his justice of peace. fol. 32. etc. Felony is also punished by loss of lands not entailed, and goods or chatels, as well real as personal: and yet the statutes make difference in some cases touching lands, as appeareth by the statute, anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood, though not, where a statute ordaineth an offence to be felony, and yet withal saith, that it shall not work corruption of blood. As anno 39 Eliz. cap. 17. How many ways felony is committed, see Cromptons' justice of peace. pag. 32. etc.  
Feyre. See Fair.  
Felo de se, is he that committeth felony by murdering himself. See Cromptons' justice of peace fol. 28. and Lamberds Eirenarcha. lib. 2. cap. 7. pag. 243.  
Fencemoneth, is a month, wherein it is unlawful to hunt in the Forest, because in that month the female Deer do faun: and this month beginneth 15. days before Midsummer, and endeth 15. days after. So that to this month there be 31. days. See Manwood part prim. of his Forest laws. pag. 86. but more at large part secunda. cap. 13 per totum. It is also called the defence month, that is, the forbidden month, and the word defence is used in like sort. West. 2. cap. 47. anno 13. Ed. 1. in these words: All waters where Salmon be taken, shall be in defence for taking of Salmon from the Nativity, etc.  
Fennycricke, or rather Fenegreeke, (Foenum Graecum) is a medicinal plant or herb, so called, because it groweth like hay, and cometh out of Greece. Of this you may read more in Gerrard's herbal. lib. 2. cap. 483. The seed thereof is reckoned among drugs, that are to be garbled. an. 1. jacob. cap. 19  
Feoffment (feoffamentum) by the opinion of Sir Thomas Smith de Repub. Anglor. lib. 3. cap. 8. and M. West part. prim. symbol. lib. 2. sect. 280. is descended from the Gottish word (feudum) which you have interpreted in (fee) and signifieth (donationem feudi) But (as M. West also addeth) it signifieth in our common law, any gift or grant of any honours, castles, manners, messages, lands, or other corporal and immovable things of like nature, unto another in see simple, that is to him and his heirs for ever, by the delivery of seisin and possession of the thing given, whether the gift be made by word or writing. And when it is in writing, it is called a deed of feoffment, and in every feoffment the giver is called the Feaffour feoffator,) and he that receiveth by virtue thereof, the Feoffee (feoffatus) and Litleton saith, that the proper difference between a feoffor and a donor is, that the feoffor giveth in fee-simple, the donor in fee-tail. lib. 1. cap. 6.  
feodary, aliâs, feudary, aliâs, feudatory, (feudatarius) is an officer authorized and made by the master of the Court of wards and liveries, by letters patents under the seal of that office. His function is to be present with the Escheater at the finding of any office, and to give evidence for the king as well concerning the value, as the tenure, and also to survey the land of the ward, after the office found, and to rate it. He is also to assign the king's widows their dowers and to receive all the rents of the wards lands, with in his circuit, and to answer them to the Receiver of the court of wards and liveries. This officer is mentioned anno 32. H. 8. cap. 46.  
Ferdfare, significat quietantiam eundi in exercitum. Fleta libr. pri. cap. 47.  
Ferdwit, significat quietantiam murdri in exercitu. Fleta libr. prim. cap. 47.  
Ferm (firma) cometh of the French (Farm, i. colonia, villa, praedium,) and signifieth with us, house or land, or both, taken by Indenture of lease, or lease parol. It may likewise not unaptly be conjectured, that both the French and English word came from the Latin (firmus) for (locare ad firmum) I find sometime to signify with others, as much as (to set or let to farm) with us. The reason whereof may be in respect of the sure hold they have above tenants at will. v. vocabul. utriusque juris. verbo Afflictus. The author of the new Terms of law, deriveth this word from the Saxon (feormian) which signifieth to feed or yield victual. For in ancient time the reservations were as well in victuals as money, which I leave to the iudgemet of the Reader. How many ways farm is taken, see Plowden. casu Wrothesley. fol. 195. a. b.  
feudary. See feodary.  
Fieri facias, is a writ judicial, that lieth at all times within the year and day, for him that hath recovered in an action of debt or damages, to the shreeve, to command him to levy the debt or the damages of his goods, against whom the recovery was had. This writ hath beginning from Westm. 2. cap. 18 anno 13. Ed. 1. See old nat. br. fol. 152. See great diversity thereof in the Table of the Register judicial. verbo. Fieri facias.  
Fifteenth (Decimaquinta) is a tribute, or imposition of money laid upon every city, borough, and other town through the realm, not by the poll, or upon this or that man, but in general, upon the whole city or town, so called, because it amounteth to one fifteenth part of that, which the city or town hath been valued at of old. This is now a days imposed by parliament: and every town through the realm, great or less, knoweth what a fifteenth for themselves doth amount unto, because it is perpetual: whereas the subsidy, which is raised of every particular man's lands or goods, must needs be uncertain, because the estate of every several man is so ticklish and uncertain. And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every town, according to the land or circuit belonging unto it. whereof M. Camden hath many mentions in his Britannia. In stead of the rest take a few page. 168. of Wells in Somerset shire he writeth thus. Quo tempore, ut testatur ceasualis Angliae liber, Episcopus ipsum oppidum tenuit, quod pro quinquiginta hidis geldavit: And pag. 171. of bath. Geldabat pro viginti hidis, quando Schira geldabat. thirdly, pa. 181. of old Sarisbury thus pro quinquaginta hidis geldabat. and these rates were taken out of Domes day in the Exchequer. so that this seemed in old time, to be a yearly tribute in certainty, whereas now, though the rate be certain, yet it is not levied but by Parliament. See Task, see Quinsy me.  
Filazer (Filazarius) cometh of the french (Filace. i. filum, filacium) it is an officer in the common pleas, whereof there be 14. in number: they make out all original process, as well real as personal and mixed: and in actions merely personal, where the defendants be returned or summoned, there goeth out the distress infinite until appearance. If he be returned Nihil, then process of Capias infinite, if the plaintiff will, or after the third Capias, the plaintiff may go to the Exigenter of the Shire, where his original is grounded, and have an Exigent and proclamation made: And also the Filazer maketh forth all writs of view in causes, where the view is prayed: he is also allowed to enter the imparlance, or the general issue in common actions, where appearance is made with him, and also judgement by confession in any of them before issue be joined, and to make out writs of execution thereupon. But although they entered the issue: yet the protonotary must enter the judgement, if it be after verdict. They also make writs of Supersedeas, in case where the defendant appeareth in their offices, after the Capias awarded.  
Filctale. See Sothale.  
File (filacium) is a thread or wire, whereon writs, or other exhibits in courts, are fastened for the more safe keeping of them.  
Finders. anno 18. Ed. 3. stat. 1. cap. unico. anno 14. R. 2. cap. 10. seem to be all one with those, which in these days we call searchers.  
Fine (finis) cometh of the French (fin. i. finis) and hath divers applications in our common law: sometime being used for a formal or ceremonious conveyance of lands or tenements, or (as West saith, titulo Fines. sect. 25.) of any thing inheritable, being in esse tempore finis, to the end to cut off all controversies. West part 2. symb. sect. 1. defineth a fine in this signification: covenants made before justices, and entered of Record. And out of Glanvile thus lib. 8. cap. 1. Finis est amicabilis compositio & finalis concordia, ex consensu & licentia Domini Regis, vel eius justiciariorum. And lib. 9 cap. 3. Talis concordia finalis dicitur, eo quod finem imponit negotio, adeò ut neutra pars litigantium ab eo de caetero poterit recedere. And out of Bracton, lib. 5. tract. 5. cap. 28. num. 7. thus: Finis ideò dicitur finalis concordia, quia imponit finem litibus, & est exceptio peremptoria. The author of the new terms of law, defineth it to be a final agreement had between persons concerning any land or rent, or other thing, whereof any suit or writ is between them hanging in any court. See the new book of Entries, verbo Fines. This fine is of so high a nature, that Bracton. lib. 3. cap. 7. num. 3. hath these words of it. Item immediate pertinet ad Regem querela finis factae in curia Domini Regis, & non observatae. Et est ratio, quia nemo potest finem interpretari nisi ipse Rex, in cuius curia fines fiunt. See also anno 27. Ed. prim. stat. prim. cap. prim. The Civilians would call this solemn contract transactionem iudicialem de re immobili, because it hath all the properties of a transaction, if it be considered in his original use. v. Wesemb. parat. titulo de transact. For it appeareth by the writers of the common law above named, that it is nothing but a composition or concord acknowledged and recorded before a competent judge, touching some hereditament or thing immovable, that erst was in controversy between those, that be parties to the same concord: and that for the better credit of the transaction, being by imputation made in the presence of the king, because it is levied in his Court: and therefore doth it bind women covert being parties, and others whom ordinarily the law disableth to transact, only for this reason, that all presumption of deceit or evil meaning is excluded, where the king is privy to the act. But discourse of wit and reason, hath in time wrought other uses of this concord, which in the beginning was but one: as namely, to secure the title that any man hath in his possession against all men: to cut off intayles, and with more certainty to pass the interest or the title of any land or tenement, though not controverted, to whom we think good, either for years or in fee. In so much that the passing of a fine, in most cases, now is it but mera fictio juris, alluding to the use for the which it was invented, and supposing a doubt or controversy, where in truth none is: and so not only to work a present prescription against the parties to the concord or fine, and their heirs, but within five years against all others, not expressly excepted (if it be levied upon good consideration, and without Covin) as women covert, persons under 21. years, or prisoners, or such as be out of the realm at the time when it was acknowledged. Touching this matter, see the statutes. anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. & anno 31. Elizab. ca 2. This fine hath in it five essential parts: the original writ taken out against the conizour: the king's licence giving the party's liberty to accord, for the which he hath a fine called the King's silver, being accounted a part of the crowns revenue. Thirdly, the concord itself, which thus beginneth: Et est concordia talis, etc. Fourthly, the note of the fine, which is an abstract of the original concord, and beginneth in this manner: Sc. Inter R. querentem. & S. & E. uxorem eius, deforciantes, etc. Fifthly, the foot of the fine, which beginneth thus: Hac est finalis concordia facta in Curia domini Regis, apud Westm. à die Paschae in quindecim dies, anno etc. So as the foot of the fine includeth all, containing the day, year, and place, and before what justice the concord was made. Coke vo. 6. casu Teye. fol. 38. & 39 This fine is either single or double: A single fine, is that by which nothing is granted or rendered back again by the Cognizeese to the Cognizours, or any of them. A double fine containeth a grant and render back again, either of some rent, common, or other thing, out of the land, or of the land itself, to all or some of the Cognizours, for some estate, limiting thereby many times Remainders to strangers, which be not named in the writ of covenant. West ubi supra, sect. 21. Again, a fine is of the effect, divided into a fine executed, and a fine executory. A fine executed is such a fine, as of his own force giveth a present possession (at the least in law) unto the Cognizee, so that he needeth no writ of (Habere facias seisinam) for the execution of the same, but may enter; of which sort is a fine (sur cognizance de droit come ceo que il ad de son done) that is upon acknowledgement, that the thing mentioned in the concord be ius ipsius cognizati, ut illa quae idem habet de dono Cognitoris. West. sect. 51. K. and the reason of this seemeth to be, because this fine, passeth by way of release of that thing, which the cognizee hath already (at the least by supposition) by virtue of a former gift of the cognizour. Coke reports li. 3. the case of fines fo. 89. b. which is, in very deed, the surest fine of all. Fines executory be such, as of their own force do not execute the possession in the Cognizeese, as fines sur cognizance de droit tantùm. fines sur done, grant, release, confirmation, or render. For if such fines be not levied, or such render made unto them, that be in possession at the time of the fines levied, the cognizees must needs siew writs of (Habere facias seisinam) according to their several cases, for the obtaining of their possessions, except at the levying of such executory fines, the parties, unto whom the estate is by them limited, be in possession of the lands passed thereby: for in this case such fines do enure by way of extinguishment of right, not altering the estate or possession of the Cognizee, but perchance bettering it. West. ubi supra, sect. 20.  
Touching the form of these fines, it is to be considered upon what writ or action the concord is to be made, and that is, most commonly, upon a writ of covenant: and then first there must pass a pair of indentures between the Cognizour and Cognizee, whereby the Cognizour covenanteth with the cognizee, to pass a fine unto him, of such or such things by a day set down. And these indentures, as they are first in this proceeding, so are they said to lead the fine; upon this covenant, the writ of covenant is brought by the Cognizee against the cognizour, who thereupon yieldeth to pass the fine before the judge, and so the acknowledgement being recorded, the cognizout and his heirs are presently concluded, and all strangers not excepted, after five years once passed. If the writ whereupon the fine is grounded, be not a writ of covenant, but of warrantia chartae, or a writ of right, or a writ of mesn, or a writ of custom and services (for of all these fines may also be founded. (West. ubi supra, sect: 23.) then this form is observed: the writ is served upon the party that is to acknowledge the fine, and then he appearing doth accordingly: See Dier, fo. 179. nu. 46.  
This word (fine) sometime signifieth a sum of money, paid for an Income to lands or tenements let by lease: sometime an amends, pecuniary punishment, or recompense upon an offence committed against the king and his laws, or a Lord of a manner. In which case, a man is said facere finem de transgressione cum Rege, etc. Regist. jud. fol. 25. a. and of the diversity of these fines with other matter worth the learning, see Cromptons' justice of peace, fol. 141. b. 143. 144. and Lamberds Eirenarcha libro. 4. ca 16. pa. 555. But in all these diversities of uses, it hath but one signification; and that is a final conclusion or end of differences between parties. And in this last sense, wherein it is used for the ending and remission of an offence, Bracton hath it li. 2. ca 15. nu. 8. speaking of a common fine that the County payeth to the king, for false judgements or other trespasses, which is to be assessed by the justices in Eyre before their departure, by the oath of knights and other good men, upon such as ought to pay it: with whom agreeth the statute anno. 3. Ed. pri. ca 18. There is also a common fine in leetes. See kitchen. fo. 13. a. v. common fine. See Fleta. l. 1. ca 48.  
Fines pro licentia concordandi, anno 21. H. 8. c. 1. See Fine.  
Fine force, seemeth to come of the french adjective (fin) and the substantive (force. i. vis) The adjective (fin) signifieth sometime as much as crafty, wily or subtle, sometime as much as, artificial, curious, singular, exact, or perfect. as (Rien contrefaict fin. i. nihil simulatum aut adimitationem alterius expressum, potest esse exactum, vel ita absolutum, quin reprehensionem vel offensionem incurrat, as is set down in that work, truly regal, entitled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. pa. 115. so that this (fine force) with us, seemeth to signify an absolute necessity or constraint, not avoidable. and in this sense it is used, old. nat. br. fol. 78. and in the statute anno. 35. H. 8. ca 12. in Perkins Dower. fo. 321. and Plowden. fo. 94. Coke. vol. 6. fol. 111. a.  
Fine adnullando levato de tenemento quod fuit de antiquo dominico, is a writ to justices, for the disannulling of a fine levied of lands holding in ancient demesn, to the prejudice of the Lord: Register original. fol. 15. b.  
Fine capiendo pro terris, etc. is a writ lying for one, that upon conviction by a jury having his lands and goods taken into the king's hand, and his body committed to prison, obtaineth favour for a sum of money &c. to be remitted his imprisonment, and his lands and goods to be redeliverd unto him. Register. orig. fo. 132. a.  
Fine levando de tenementis tentis de Rege in capite, etc. is a writ directed to the justices of the common pleas, whereby to licence them to admit of a fine for the sale of land holding in capite, Regist. original, fol. 167. a.  
Fine non capiendo pro pulchre placitando, is a writ to inhibit officers of courts, to take fines for fair pleading, Register original. fol. 179. See Beau pleader.  
Fine pro redisseisina capienda, etc. is a writ, that lieth for the release of one laid in prison for a redisseisin, upon a reasonable fine. Register. original fol. 222.  
Finarie. See Blomarie.  
Finours of gold and silver, be those that purify and part those metals from other courser, by fire and water. anno. 4. H. 7. ca 2. They be also called parters in the same place, sometime departers.  
Fireboote, for the composition look Hayboote. It signifieth allowance or Estovers of woods, to maintain competent fire for the use of the tenant.  
First fruits (primitiae) are the profits of every spiritual living for one year, given in ancient time to the Pope throughout all Christendom: but by the statute anno 26. H. 8. cap. 3. translated to the Prince, for the ordering whereof, there was a court erected, an. 32. H. 8. ca 45. but this court was dissolved. anno. pri. Mar. sess. 2. ca 10. & since that time, though those profits be reduced again to the crown, by the statute anno 1. Eliz. ca 4. yet was the court never restored, but all matters therein wont to be handled, were transferred to the Exchequer. See annates.  
Fishgarthe, anno 23. H. 8. ca 18. Fitche, See fur.  
Fitzherberd, was a famous lawyer in the days of King Henry the eight, and was chief justice of the common pleas, he wrote two worthy books, one an abridgement of the common laws, another entitled de Natura brevium.  
Fled●it, cometh of the Saxon word (Fled) that is a fugitive, & wit, which some make but a termination, signifying nothing of itself: how be it others say, it signifieth a reprehen sion, censure, or correction: It signifieth in our ancient law, a discharge or freedom from amercements, when one having been an outlawed fugitive cometh to the peace of our Lord the King, of his own accord. Rastall, Exposition of words: or being licenced: New terms of law. See Bloodwit, and Childwit: See Fletwit.  
Fleet (Fleta) is a famous prison in London, so called (as it seemeth) of the river, upon the side whereof it standeth, Camden Britannia, pag. 317. Unto this none are usually committed, but for contempt to the king and his laws, or upon absolute commandment of the king, or some of his courts, or lastly upon debt, when men are unable, or vowilling to satisfy their creditors.  
Flemeswit or rather (Fleherswit) cometh of the Saxon word (Flean) which is a contract of (Flegen) that is, to fly away. It signifieth with our lawyers, a liberty or charter, whereby to challenge the cattle or amercements of your man a fugitive: Rastall Exposition of words. See Bloodwit. Fleta writeth this word two other ways, as (Flemenesfree vie or Flemesfreicthe, and interpreteth it, habere catalla fugitivorum. li. 1. ca 47.  
Fleta, is a feigned name of a learned lawyer, that writing a book of the common laws of England and other antiquities in the Fleet, termed it thereof Fleta: He seemeth to have lived in Ed. the 2. time and Edw. the 3. idem, li. 1. ca 20. §. qui ceperint. li. 2. ca 66. §. item quod nullus.  
Fletwit, aliâs Fredwit. Skene de verborum significatione. verb. Melletum. saith, that (Flichtwit) is a liberty to courts, and to take up the amercements pro melletis. he giveth the reason because (Flicht) is called flitting in french (Melle) which sometime is conjoined with hand-strookes: And in some books Placitum de melletis, is called the moot or plea of beating or striking.  
Flight See Finer.  
Florence's, anno 1. R. 3. ca 8. a kind of cloth so called.  
Flotsen aliâs (Flotzam) is a word proper to the seize, signifying any goods that by shipwreck be lost, and lie floating or swimming upon the top of the water, which with jetson and lagon and shares be given to the Lord Admiral, by his letters patents. jetson is a thing cast out of the ship being in danger of wreck, and beaten to the shore by the waters, or cast on the shore by the mariners. Coke vol. 6. fo. 106. a. Lagon aliâs Lagam vel Ligan, is that which lieth in the bottom of the sea, Coke ibi. Shares are goods due to more by proportion.  
Fodder (fodrum) signifieth in our English tongue, a course kind of meat for horses and other cattles. But among the Feudists, it is used for a prerogative that the prince hath, to be provided of corn and other meat for his horses by his subjects towards his wars, or other expeditions. Arnoldus Clapmarius. de arcanis imperii. lib. 1. ca 11. And read Hotoman de verbis feudalibus. litera. F.  
Folgheres, or rather Folgers, be followers, if we interpret the word according to the true signification: Bracton saith it signifieth, eos qui alii deserviunt. lib. 3. tract. 2. cap. 10.  
Folkmoote, is a Saxon word, compounded of Folk. i. populus & Gemettan. i. convenire. It signifieth (as M. Lamberd saith in his explication of Saxon words, verbo (conventus) two kind of Courts, one now called the county court, the other called the shreeves turn: This word is still in use among the Londoners, and signifieth celebrem ex omni civitate conventum: Stowe in his Survey of London. but M. Manwood in his first part of forest laws. pag. 111. hath these words. Folkemote is the court holden in London, wherein all the folk and people of the city did complain on the Mayor and the Aldermen, for misgovernment within the city.  
Forbarre, is for ever to deprive. an. 9 Ric. 2. ca 2.  
Force (Forcia) is a french word, signifying (vim, nervositatem, fortitudinem, virtutem) in our common law, it is most usually applied to the evil part, and signifieth unlawful violence. West thus defineth it: Force is an offence, by which violence is used to things or persons. part 2. symbol. titulo. Inditements. sect. 65. where also he divideth it thus: Force is either simple or compound. Simple is that which is so committed, that it hath no other crime adjoined unto it; as if one by force do only enter into an other man's possession, without doing any other unlawful act there. Mixed force, is that violence, which is committed with such a fact, as of itself only, is criminal; as if any by force enter into another man's possession, and kill a man, or ravish a woman there, etc. he farther divideth it into true force, and force after a sort, and so proceedeth to divers other branches worth the reading, as forcible entry, forcible detaining, unlawful assembly, Rowtes, Riets, Rebellions, etc.  
Forcible detaining or withholding of possession, is a violent act of resistance by strong hand of men weaponed with harness, or other action of fear, in the same place or else where, by which the lawful entry of justices or others is barred or hindered. West part 2. symbol. titulo Inditements, sect. 65. M. of this see Cromptons' justice of peace, f. 58. b etc. usque ad 63.  
Forcible entry (Ingressus manu fortifactus) is a violent actual entry into an house or land, etc. or taking a distress of any person, weaponed, whither he offer violence or fear of hurt to any there, or furiously drive any out of the possession thereof: West part 2 symbol. titulo Inditements, sect. 65. L. of this see Cromptons' justice of peace, fol. 58. b. 59 etc. usque 63. It is also used for a writ grounded upon the statute. anno 8. H. 6. ca 9 whereof read Fitz. nat. br. at large, fol. 248. See the new book of Entries, verbo Forcible Entry, see Lamb. definition in certain cases. Eiren. l. 2. c. 4. p. 145.  
Foreign (Forinsecus) cometh of the french (Foreign. i. exterus, externus) it is used adiectively in our common law, and joined with divers substantives in senses not unworthy the exposition, as Foreign matter, that is matter triable in another county, pl. cor. fo. 154. or matter done in another county, kitchen. fol. 126. Foreinplea (forinsecum placitum). i. a refusal of the judge as incompetent, because the matter in hand was not within his precincts, kitchen. fol. 75. & anno 4. H. 8. ca 2. & anno 22. eiusdem. ca 2. & 14. Foreign answer, that is, such an answer, as is not triable in the county where it is made. anno 15. H. 6. ca 5. Foreign service (forinsecum servitium) that is such service, whereby a mean Lord holdeth over of another, without the compass of his own fee. Brooke. titulo Tenors. f. 251. nu. 12. & 28. & Kitchen, fol. 209. or else that which a tenant performeth, either to his own Lord, or to the Lord paramount out of the fee. For of these services, Bracton speaketh thus, lib. 2. cap. 16. nu. 7. Item sunt quaedam seruitia, quae dicuntur forinseca, quamvis sunt in charta de feoffamento expressa & nominata: & quae ideo dici possunt forinseca, quia pertinent ad Dominum Regem, & non ad dominum capitalem, nisi cum in propria persona profectus fuerit in seruitio: vel nisi cum pro seruitio suo satisfecerit domino Regi quocunque modo, & fiunt in certis temporibus, cum casus & necessitas evenerit, & varia habent nomina & diversa: Quandoque enim nominantur forinseca, large sumpto vocabulo, quoad seruitium domins Regis, quandoque scutagium, quandoque seruitium domini Regis, & ideo forinsecum dici potest, quia fit & capitur foris, sive extra seruitium quod fit Domino capitali. v. Broke Tenors 28. 95. Foreign service, seemeth to be knights service or Escuage uncertain. Perkins Reservations 650. Foreign attachment (Attachiamentum forinsecum) is an attachment of foreigners goods, found within a liberty or city, for the satisfaction of some citizen, to whom the said foreigner oweth money.  
Foreign Apposer (forinsecarum oppositor) is an officer in the exchequer, to whom all shreeves and bailiffs do repair, by him to be opposed of their green wax, and from thence draweth down a charge upon the shreeve and bailiff to the clerk of the pipe.  
Forest (Foresta) is a french word, signifying a great or vast wood. am forestier & saüuage: locus syluestris & saltuosus. The writers upon the common law define it thus: Foresta est locus ubi ferae inhabitant vel includuntur. glos. in ca cum dilecti. extra. de donatio. & Felinus in ca Rodolphus. versu, quid autem Foresta. extra de rescriptis. speaketh to the same effect. Some other writers do say, it is called foresta, quasi ferarum statio, vel tuta mansio ferarum. But as it is taken with us, M. Manw. in his second part of forest laws, cap. 1. nu. 1. thus defineth it: A Forest is a certain territory of woody grounds & fruitful pastures, privileged for wild beasts, and fowls of forest, chase, and warren, to rest and abide in, in the safe protection of the King, for his princely delight and pleasure: which terrioritie of ground so privileged, is meered and bounded with unremovable marks, meres, and Boundaries, either known by matter of record, or else prescription, and also replenished with wild beasts of Venery, or chase, and with great coverts of vert, for the succour of the said wild beasts, to have their abode in: for the preservation & continuance of which said place, together with the vert and venison, there are certain particular laws, privileges, and officers, belonging to the same, meet for that purpose, that are only proper unto a forest, and not to any other place. The same definition he hath part 1. pag. 139. which though it have many superfluities, yet it well expresseth the nature of the thing, especially the explication adjoined, which there is set down by the said author in both places in his first part. pag. 16. where he fetcheth a forest from such overgrown antiquity, alleging for it the second book of Kings, ca 2. ver. 24. & ca 19 verse. 23. and the 104. psalm vers. 20. the 131. ver. 6. he taketh licence to sport himself. for though our english translation have the word forest, to express the vastness of the desert, yet if we look to the original Idiom, we shall find no more reason to call those places forests, them either chaces or parks.  
The manner of making forests, as the same author well setteth down, part. 1. pag. 142. is this. The king sendeth out his commission under the broad seal of England, directed to certain discreet people, for the view, perrambulation, meering & bounding of the place, that he mindeth to afforest; which returned into the chancery, proclamation is made throughout all the Shire, where the ground lieth, that none shall hunt or chase any manner of wild bests within that precinct, without the kings special licence, after which he appointeth ordinances, laws, and officers, fit for the preservation of the vert and venison: and so becometh this a forest by matter of record. The properties of a forest are these in special, first, a forest, as it is truly and strictly taken, cannot be in the hands of any but the king: the reason is given by M. Manwood, because none hath power to grant commission to a justice in Eire for the forest, but the king. part. 1. pag. 87. The second property, be the courts, as the justice seat every three year, the Swainemoote thrice every year: Idem eodem pag. 90. & part 2. ca 1. nu. 4. & 5. and the attachment, once every forty days. Idem eod. pag. 92. The third property may be the officers belonging unto it, for the preservation of the vert and venison, as first the justices of the forest, the warden or keeper, the verders, the foristers, Agistours, Regarders, Bailiffs, Bedels' and such like, which you may see in their places. See Manwood part. 2. ca 1. nu. 4. & 5. But the chief property of a forest, both by M. Manwood. part 1. pa. 144. and M. Crompton pag. 146. is the Swainmote, which (as they both agree) is no less incident unto it, than the court of Pyepowders to a fair. Other courts and offices are not so requisite, in those forests that are in the hands of subjects, because they be not truly forests: but if this fail, then is there no thing of a forest remaining, but it is turned into the nature of a chase. See chase. I read of thus many forests in England. The forest of Windsour in Berkshire: Cambd. Britan. pag. 213. of Pickering. Crompton 190. of Shirwood idem fol. 202. of Englewood in Cumberland. anno. 4. H. 7. ca 6. & Crompton fol. 42. of Lancaster. Idem. fol. 196. of Wolemore. Stows Annals. pag. 462. of Gillingham Idem. pag. 113. of Knaresborow. anno. 21. H. 8. ca 17. of Waltham. Camd. pag. 328. of Breden. Idem, pag. 176. of Whiteharte Idem, pag. 150. of Wiersdale. Idem pag. 589. and Lownsedall ibidem. of Deane. Idem. pag. 266. & & anno 8. H. 6. ca 27. & anno 19 H. 7. cap. 8. of Saint leonard's in Southsex. Manwood part. 1. pa. 144. of Waybridge & Sapler. Idem. eodem. pa. 63. of Whitvey. pag. 81. of Fekenham, Camd. pa 441. of Rockingham. Idem pag. 396. Forest de la mer. Idem, pag. 467. of Huckstowe. Idem pa. 456. of hay. Manwood part. 1. pag. 144. of Cantselly, eadem pag. of Ashdowne in the county of Sussex. anno. 37. H. 8. ca 16. Forests of Whittilwood and Swasie in the county of Northampton. anno 33. H. 8. ca 38. of Fronselwood in come. Somerset. Cook li. 2. Cromw. case. f. 71. b. I hear also of the forest of Exmore, in Devonshire. There may be more which he that listeth, may look for.  
Forester (forestarius) is a sworn officer of the Forest, appointed by the King's letters patents, to walk the forest both early and late, watching both the vert and venison, attaching and presenting all trespassers against them, within their own bailiwick or walk: whose oath you may see in Crompton. fol. 201. And though these letters patents be ordinarily granted, but quam diu bene se gesserint, yet some have this grant to them and their heirs, and thereby are called Foristers or Fosters in fee. Idem, fol. 157. & 159. Et Manwood part prima. pag. 220. whom in Latin Crompton calleth Foristarium feudi. fol. 175.  
Foreiudger, (forisiudicatio) signifieth in the common law, a judgement, whereby a man is deprived, or put by the thing in question. It seemeth to be compounded of (for'rs. i. praeter) & (iuger. i. judicare.) Bracton lib. 4. tract. 3. cap. 5. hath these words: Et non permittas quòd A. capitalis dominus feudi illius, habeat custodiam haeredis, etc. quia in Curia nostra forisiudicatur de custodia, etc. So doth Kitchen use it. fol. 209. and old nat. bre. fol. 44. & 81. and the statute. anno 5. Ed. 3. cap. 9 and anno 21. R. 2. cap. 12. Foriudicatus with authors of other nations signifieth as much as (banished) or as (deportatus) in the ancient Roman law, as appeareth by Vincentius de Franchis, descis. 102. Mathaeus de Afflictis. lib. 3. feudorum. Rub. 31. pag. 625.  
Foregoers be pourveyours, going before the king or queen, being in progress, to provide for them, anno 36. Ed. 3. cap. 5.  
Forfeiture, (forisfactura) cometh of the French word (forfaict. i. scelus) but signifieth in our language, rather the effect of transgressing a penal law, than the transgression itself: as forfeiture of escheats. anno 25. Ed. 3. cap. 2. Statut. de Proditionibus. Goods confiscate, and goods forfeited differ. Stawnf. pl. cor. fol. 186. where those seem to be forfeited, that have a known owner, having committed any thing whereby he hath lost his goods; and those confiscate, that are disavowed by an offender, as not his own, nor claimed by any other. I think rather, that forfeiture is more general, and confiscation particular, to such as forfeit only to the Prince's Exchequer. Read the whole chapter. lib. 3. cap. 24. Full forfeiture (plenaforisfactura) otherwise called (plena vita) is forfeiture of life and member, and all else that a man hath. Manwood part prim. pag. 341. The Canon Lawyers use also this word. For forisfacta sunt pecuniariae poenae delinquentium. Glos. in cap. Praesbyteri, extra. de poenis.  
Forfeiture of marriage, (forisfactura maritagii) is a writ lying against him, who holding by knight's service, and being under age and unmarried, refuseth her, whom the Lord offereth him, without his disparagement, and marrieth another. Fitzh. nat. br. fol. 141. H. I. K. L. Register orig. fol. 163. b.  
Forfeng, quiet antiam prioris prisae designat: in hoc enim delinquunt Burgenses Londonenses, cum prisas suas ante prisas regis faciunt. Fleta lib. 1. cap. 47.  
Forgery. See here next following, Forger of false deeds.  
Forger of false deeds, cometh of the french (Forger). i. accudere, fabricare, conflare, to beat one an anvil, to fashion, to bring into shape, and signifieth in our common law, either him that fraudulently maketh and publisheth false writings, to the prejudice of any man's right, or else the writ that lieth against him, that committeth this offence. Fitzh. nat. br. fol. 96. B. C. calleth it a writ of deceit. See Terms of law, verbo Forger. and west's Simbol. part. 2. Indictments, sectio. 66. See the new book of Entries. verbo Forger. de faits. This is a branch of that which the civilians call crimen falsi: Nam falsarius est, qui decipiendi causa scripta publica falsificat. Speculator. de crimine falsi. Falsi crimen propriè dicitur, quod utilitatis privatae causa factum est. Connanus li. 5. ca 7. nu. 4. Ad esse falsitatis tria requiruntur: mutatio veritatis, dolus, & quod alteri sit nocivum. Quorum si alterum desit, falsitas non est punibilis. Hostiensis, & Azo in suis summis.  
Forister. See Forester.  
Formdon (Breve formatum donationis) is a writ that lieth for him, that hath right to any lands or tenements by virtue of any entail, growing from the statute of Westm. 2. cap. 1. It lieth in three sorts, and accordingly is called forma donationis, or formdon in the descender: formdon in the reverter, or formdon in the remainder. Formdon in the descender lieth for the recovery of lands, etc. given to one and the heirs of his body, or to a man and his wife, and the heirs of their two bodies, or to a man and his wife being cousin to the donor, in frank marriage, and afterward alienated by the Donee. For after his decease his heir shall have this writ against the tenant or alience. Fitz. nat. br. fol. 211. He maketh three sorts of this formdon in the descender: The first is, in the manner now expressed: the second is, for the heir of a coparcener, that alienateth and dieth. fol. 214 The third is called by him (In simul tenuit) fol. 216. which lieth for a coparcener or heir in Gavelkind, before partition against him, to whom the other coparcener or heir hath alienated and is dead. Formdon in the reverter, lieth for the donor or his heirs, where land entailed to certain and their issue, with condition for want of such issue to revert to the donor and his heirs, against him to whom the Donee alienateth, after the issue extinct, to which it was entailed. Fitzh. nat. br. fol. 219. Formdon in the remainder lieth, where a man giveth lands in tail, the remainder to another in tail, and afterward the former tenant in tail dieth without issue of his body, and a stranger abateth, than he in the remainder shall have this writ. Fitz. nat. br. fol. 217. See the Register original. fol. 238. 242. 243. of this see the new book of Entries. verb. Formdon.  
Forsechoke, seemeth to signify originally as much as forsaken in our modern language, or (derelictum) with the romans. It is especially used in one of our statutes, for land or tenements seized by the Lord, for want of services due from the tenant: and so quietly held and possessed beyond the year and day. As if we should say, that the tenant which seeing his land or tenements taken into the Lord's hand, and possessed so long, taketh not the course appointed by law to recoverthem, doth in due presumption of law disavow or forsake whatsoever right he hath unto them. See the statute anno 10. Ed. 1. cap. unico.  
Forstall, is to be quit of amerciaments and cattles arrested within your land, and the amerciaments thereof coming. New terms of law.  
Forstalling (forstallatio) is partly french, for (Estaller) is in that tongue, as much as (merces exponere, expedire, explicare) or to show wares in a market or fair. It signifieth in our common law, the buying or bargaining for any victuals or wares coming to be sold toward any fair or market, or from beyond the seas toward any city, port, haven, creak, or road of this realm, and before the same be there. anno. 51. H. 3. stat. 6. West. part 2. Simbol. titulo indictments. sect. 64. Forstaller, in Cromptons' jurisdiction, fol. 153. is used for stopping of a dear broken out of the forest, from returning home again, or laying between him and the forest, in the way that he is to return: See regrators and Engrossers. See Cromptons' justice of peace. fol. 69. a. The author of the new terms of law defineth it thus. Forstalling (Forstallamentum) is the buying of corn, cattle, or other merchandise by the way, as it cometh toward the fair or market to be sold, to the intent to sell the same again at a more high and dear price. Fleta saith thus of it, significat obtrusionem utae vel impedimentum transitus & fugae averiorum, li. 1. cap. 47.  
Fortescue, was a learned Lawyer, & Lord Chancellor in Henry the 6. days: who writ a book in the commendation of our common laws.  
Fortlet (forteletum) cometh neat the french (fortelet. i. valenticulus, forticulus) and signifieth in our common law, a place of some strength. old nat. br. fol. 45. This in other countries is written (fortalitium) and signifieth (castrum.) Scraderus select. & practabil. quest. §. 12. nu. 7. & 8.  
Father, is a weight of twenty hundred, which is a wain or cartloade. Speight in his Annot. upon Chawcer.  
Fourche (Assorciare) seemeth to come of the french, (fourcher. i. titubare liuguà) and signifieth in our common law, a putting off, prolonging, or delay of an action. And it appeasieth no unpleasant metaphor: for as by stammering we draw out our speech, not delivering. that we have to say in ordinary time, so by sourching we prolong a suit that might be ended in a shorter space. To sourch by essoin. Westm. 1. cap. 24. anno 3. Ed. prim. where you have words to this effect: Coparceners, joint-tenants, and Tenants in common, may not sourch by essoin to essoin severally, but have only one essoin, as one sole tenant may have. And anno 6. Ed. 1. ca 10. you have it used in like sort.  
Foutgeld, is a word compounded of these two Germane words (fous. i. pes, and (gyldan. i. solvere) and it signifieth an amercement for not cutting out the balls of great dogs feet in the forest. See Expeditate. And to be quit of footegeld is a privilege to keep dogs within the forest, unlawed, without punishment or controlment. Cromptons' Iurisdict. fol. 197. Manwood part pri. of his forest laws, pag. 86.  
Fowls of warren. See Warren.  
Founder, is he that melteth metal, and maketh any thing of it, by casting it into a mould, etc. anno 17. Rich. 2. cap. 1. derived of the verb (fundere) to power.  
Franchise, (libertas, franchesia) cometh of the french (franchise) so signifying: it is taken with us for a privilege, or an exemption from ordinary jurisdiction, and sometime an immunity from tribute. It is either personal or real. Cromp. Iurisd. fol. 141. that is belonging to a personimmediatly, or else by means of this or that place, or court of immunity, whereof he is either chief or a member. In what particular things franchises commonly consist, See Britton cap. 19 Franchise royal anno 15. R. 2. cap. 4. & anno 2. H. 5. cap. 7. in fine, seemeth to be that, where the king's writs run not: as Chester and Durham, they are called Seignories royal. an. 28. H. 6. cap. 4. The author of the new Terms of law saith, that franches royal is, where the King granteth to one and his heirs, that they shall be quit of tolle or such like: See franchise in the new book of Entries. See Bracton lib. 2. cap. 5. See Sac.  
Frauk almoine (libera Eleemozyna) in french (frank Ausmone) signifieth in our common law, a tenure or title of lands. Britton cap. 66. nu. 5. saith thus of it: Frank almoyne is lands or tenements bestowed upon God, that is, given to such people, as bestow themselves in the service of God, for pure and perpetual alms: whence the feoffours or givers cannot demand any terrestrial service, so long as the lands. etc. remain in the hands of the feoffees. With this agreeth the grand custumary of Normandy. cap. 32. Of this you may read Bracton at large. lib. 2. cap. 5. & 10. See Fitzh. nat. br. fol. 211. See the new book of Entries. verbo. Frank Almoine. But Britton maketh another kind of this land, etc. which is given in alms, but not free alms: because the tenants in this are tied in certain services to the feoffor, Pritton ubisupra.  
Frank bank (francus bancus) in true french, (franc banc) signifieth, word for word, a free bench or seat: and among our law writers, it seemeth to be used for copyhold lands, that the wife being espoused a virgin, hath after the decease of her husband for her dower. Kitchen fol. 102. Bracton lib. 4. tract. 6. cap. 13. nu. 2. hath these words: Consuetudo est in partibus illis, quòd uxores maritorum defunctorum habeant francum bancum suum de terris sockmannorum, & tenent nomine dotis. Fitzher. calleth it a custom, whereby in certain cities the wise shall have her husband's whole lands, etc. for her dower. Nat. br. fol. 150. P. See Plowden casu Newis. fol. 411.  
Frank chase, (Libera chasea) is a liberty of free chase, whereby all men having ground within that compass, are prohibited to cut down wood, or discover, etc. without the view of the forester, though it be his own demesne. Cromptons' jurisdictions, fol. 187.  
Frank fee (feudum francum, seu liberum) is by Brook tit. Dimesn. num. 32. thus expressed: That which is in the hand of the King or Lord of any manner, being ancient demesn of the Crown (viz. the Demesnes) is called frank fee, and that which is in the hands of the tenants, is ancient demesn only: see the Register original. fol. 12. a. Whereby it seemeth, that that is frank see, which a man holdeth at the common law to himself and his heirs, and not by such service as is required in ancient demesn, according to the custom of the manner. And again, I find in the same book fol. 14. b. a note to this effect, that the lands which were in the hands of king Edward the Saint, at the making of the book called Doomsday, is ancient demesn: and that all the rest in the realm is called frank fee: with the which note Fitzherb. agreeth, na. br. fol. 161. E. So that all the land in the realm, by this reason, is either ancient demesn, or frank fee. The new expounder of the law terms defineth frank fee, to be a tanure in fee simple, of lands pleadable at the common law, and not in ancient demesn: See Fachineus. lib. 7. cap. 39 who defineth feudum francum esse, pro quo nullum seruitium praestatur Domino: with whom agreeth Zasius de fendis. part 12. saying, that therefore it is feudum improprium, quia ab omni seruitio liberum.  
Frank farm (Firma libera) is land or tenement, wherein the nature of fee is changed by feoffment, out of knight's service, for certain yearly services, and whence neither homage, wardship, marriage, nor relief may be demanded, nor any other service not contained in the feoffment. Britton. ca 66. nu. 3. see Fee ferme.  
Frank law (libera lex) See Cromptons' justice of peace, fol. 156. b. where you shall find what it is, by the contrary. For he that for an offence, as conspiracy, etc. loseth his frank law, is said to fall into these mischiefs: first, that he may never be impaneled upon any jury, or assize, or otherwise used in testifiing any truth. Next, if he have any thing to do in the king's court, he must not approach thither in person, but must appoint his attorney. Thirdly, his lands, goods, and chatelsmust be seized into the king's hands: and his lands must be estreaped, his trees rooted up, and his body committed to prison. For this, the said author citeth the book of Assizes fo. 59 Conspiracy. F. 11. 24. Ed. 3. foe. 34. See Conspiracy.  
Frank marriage (liberum maritagium) is a tenurein tail special, growing from these words in the gift comprised: Sciant etc. me M. H de W. dedrsse & concessisse, & praesenti charta mea confirmasse I. A. filio meo & Margeriae uxori eius, filiae verae T. N. in liberum marit agium unum messuagium etc. West part i. Symbol. li. 2. sect. 303. The effect of which words is, that they shall have the land to them, and the heirs of their bodies, and shall do no fealty to the donor, until the fourth degree. See new Terms of law. Glanuile li. 7. ca 18. & Bracton li. 2. ca 7. nu. 4. where he divideth maritagium, in liberum & seruitio obligatum. See Marriage. Fleta giveth this reason why the heirs do no service until the fourth descent, ne donatores vel eorum haeredes, per homagii receptionem, a reversione repellantur. And why in the fourth descent and downward, they shall do service to the donor, quia in quarto gradu vehementer praesumitur, quòd terra non est pro defectu haeredum donatariorum reversura, libro tertio. ca 11. in princ.  
Frankpledge (Franoiplegium) is compounded of (Franc. i liber) and (pleige. i. fideiussor) and signifieth in our common law, a pledge or surety for free men. For the ancient custom of England for the preservation of the public peace, was that every free borne man, at fourteen years of age, after Bracton (religious persons, clerks, knights, and their eldest sons excepted) should find surety for his truth toward the King and his subjects, or else be kept in prison, whereupon a certain number of neighbours became customably bound one for another, to see each man of their pledge forthcoming at all times, or to answer the transgression committed by any broken away. So that whosoever offended, it was forthwith inquired in what pledge he was, and then they of that pledge, either brought him forth within 31. days to his answer, or satisfied for his offence. This was called Frank pledge, causa qua supra. and the circuit thereof was called Decenna, because it commonly consisted of 10. households: And every particular person thus mutually bound for himself and his neighbours, was called Decennier, because he was of one Decenna or another: This custom was so kept, that the shreeves, at every county court, did from time to time take the oaths of young ones, as they grew to the age of 14. years, and see, that he were combined in one dozen or another. whereupon this branch of the shreeves authority was called visus Franciplegu, view of frankpledge. See the statute for view of Frankpledge, made anno. 18. Ed. 1: See Deoennier, Leete view of Frankpledge, and Freoborghe. That this discipline is borrowed by us of the Roman Emperors or rather Lombard's, appeareth most manifestly in the second book of Feuds. ca 53. upon which if you read Hotoman, with those authors that he there recordeth, you will think your labour well bestowed. Read more of this. viz. what articles were wont to be inquired of in this court, in horns mirror of justices li. 1. ca de la veneudes francs pleges, and what these articles were in ancient times, see in Fleta. li. 2. ca 52.  
Fredwit See Fletwit.  
Free chapel (libera Capella) by some opinion, is a chapel founded within a parish for the service of God, by the devotion and liberality of some good man, over and above the mother Church, unto the which it was free for the parishioners, to come or not to come, & endowed with maintenance by the founder, and thereupon called free: I have heard others say, and more probably, that those only be free chapels, that are of the King's foundation, and by him exempted from the jurisdiction of the Ordinary: but the King may licence a subject to found such a chapel, and by his charter exempt it from the Ordinaries visitation also. That it is called free in respect it is exempted from the jurisdiction of the Diocesan, appeareth by the Register original. fol. 40. & 41. These chapels were all given to the King: with chaunteries anno. 1. Ed. 6. ca 14. Free chapel of Saint Martin le grand. anno. 3. Eduardi 4. capite quarto. & anno. 4. Eduard. quarti ca 7.  
Free hold (liberum tenementum) is that land or tenement, which a man holdeth in see, see tail, or at the least, for term of life, Bract. li. 2. ca 9 The new expounder of the law terms saith, that free hold is of 2. sorts. Freehould in deed, and freehold in law: Freehold in deed, is the real possession of land or tenements in fee, fee tail, or for life. Freehould in law, is the right that a man hath to such land or tenements before his entry or seizure. I have heard it likewise extended to those offices, which a man holdeth either infee or for term of life. Britton defineth it to this effect. Frank tenement is a possession of the soil, or services issuing out of the soil, which a free man holdeth in fee to him and his heirs, or at the least, for term of his life, though the soil be charged with free services or others. ca 32. Free hold is sometime taken in opposition to villeinage. Bract. li, 4. ca 37. & 38. M. Lamberd (in his explication of Saxon words, verbo Terra ex scripto) saith, that land in the Saxons time was called either Bockland, that is holden by book or writing: or Folcland, that is holden without writing: The former, he reporteth, was held with far better conditions, and by the better sort of tenants, as noble men and gentlemen, being such as we now call free hold: the later was commonly in the possession of clowns, being that which we now call at the will of the Lord: I find in the Register judicial. fol. 68 a. and in divers other places, that he which holdeth land upon an execution of a Statute merchant, until he be satisfied the debt. tenet ut liberum tenementum sibi & assignatis suis. and fol. 73. b. I read the same of a tenant per elegit; where I think the meaning is not, that such tenants be freehoulders, but as freehoulders for their time, that is until they have gathered profits to the value of their debt. Freehoulders in the ancient laws of Scotland, were called Milites. Skene de verb. signif. verb. Milites: The D. & Student saith, that the possession of land, after the law of England, is called frank tenement, or free hold. fol. 97. a.  
Frenchman (Francigena) was wont to be used for every outlandish man. Bracton. lib. 3. tract. 2. cap. 15. See Englecerie.  
Frendwite, vel Infeng, significat quietantiam prioris prisae ratione convivii, Fleta li. 1. ca 47.  
Friendless maen, was wont to be the Saxon word for him, whom we call an outlaw. And the reason thereof I take to be: because he was upon his exclusion from the king's peace and protection, denied all help of friends; after certain days. Nam forisfecit amicos. Bract. li. 3. tract. 2. ca 12. nu. 1. whose words are these. Talem vocant Angli (utlaugh) & alio nomine antiquitùs solet nominari, sc: Friendless man: & sic videtur quod forisfecit amicos: & unde st quis talem post utlagariam & expulsionem scienter paverit, receptaverit, vel scienter communicaverit aliquo modo, vel receptaverit, veloccultaverit, eadem paenâ puniri debet, quâ puniretur utlagatus: ita quòd careat omnibus bonis suis & vita, nisi Rex et parcat de sua gratia. 〈◊〉 Fresh disseisin (Frisca disseisina) cometh of the french (Fraiz. 1. recens) and (disseisir. i. posessione eiicere) It seemeth to signify in our common law, that disseisin that a man may seek to defeat, of himself, and by his own power, without the help of the king or his judges, Britton. ca 5. & that is such disseisin, as is not above 15. days old. Bract. li. 4. ca 5. whom you may read at large of this matter, concluding that it is arbitrary, and so doth Britton ca 65. but ca 43. he seemeth to say, that in one case it is a year. See him also ca 44.  
Fresh fine, is that which was levied within a year past, Westm. 2. cap. 45. an. 13. Ed. 1. Fresh force (Frisca fortia) is a force done within 40. days, as it seemeth by Fitzh. nat. br. fol. 7. C. For if a man be disseised of any lands or tenements, within any city or borough, or deforced from them after the death of his ancestor, to whom he is heir: or after the death of his tenant for life or in tail: he may within 40. days after his title accrued, have a bill out of the chancery to the Mayor, etc. See the rest.  
Fresh suit (recens insecutio) is such a present and earnest following of an offender, as never ceaseth from the time of the offence committed or espied, until he be apprehended. And the effect of this, in the pursuit of a fellow, is, that the party persiewing shall have his goods restored him agine: whereas otherwise they are the kings. Of this see Stawnf. pl. cor. li. 3. ca 10. & 12. where you shall find handled at large, what suit is to be accounted fresh, and what not. And the same author in his first book, cap. 27. saith, that fresh suit may continue for seven years, See Cooks reports. l. 3. Rigewaies case. Fresh suit, seemeth to be either within the view or without: for M. Manwood saith, that upon fresh suit within the view, trespassers in the forest may be attached by the efficers persiewing them, though without the limits and bounds of the forest. part 2. ca 19 nu. 4. fol. 121.  
Freoborgh: aliâs Fridburgh: aliâs Frithborg (Frideburgum) cometh of two Saxon words (Freo. i. liber, ingenuus) and (borgh. i. fideiussor) or of (Frid. i pax) & (Borgha. i. sponsor) This is otherwise called after the French (Frank pledge) the one being in use in the Saxons time, the other since the Conquest: wherefore for the understanding of this, read Frank pledge. That it is all one thing, it appeareth by M. Lamberd in his explication of Saxon words, verbo Centuria and again in the laws of King Edward set out by him, fol. 132. in these words: Praeterea est quaedam summa & maxima securitas, per quam omnes statu firmissimo sustinentur: viz. ut unusquisque stabiliat se sub fideiussionis securitate, quam Angli vocant (Freoborghes) soli tamen Eberacenses, dicunt eandem (Tienmannatale) quod sonat latine decem hominum numerum. Haec securitas hoc modo fiebat, quòd de omnibus villis totius regni sub decennali fideiussione debebant esse universi: ita quòd si unus ex decem forisfecerit, novem adrectum eum haberent: quòd si aufugeret, daretur lege terminus ei 31. dierum: ut quaesitus interim & inventus, ad justitiam Regis adduceretur, & de suo illico restauraret damnum quod fecerat. Etsi ad hoc forisfaceret, de corpore sno justitia fieret. Séd si infra praedictum terminum inveniri non posset, &c: as in the book: Bracton maketh mention of (Fridburgum. lib. 3. tract. 2. cap. 10. in these words: Archiepiscopi, Episcopi, Comites, & Barones, & omnes qui habent Soc, & Sak. Tol, & Team, & huiusmodi libertates, milites suos & proprios servientes, armigeros sc. dapiferos, & pincernas, camerarios, coquos, pistores, sub suo Fridburgo habere debent. Item & isti suos Armigeros, & alios sibi servientes. Quòd si cui forisfecerint, ipsi domini sui habeant eos adrectum, et si non habuerint, solvant pro eis forisfacturam. Et sic obseruandum erit de omnibus alits, qui sunt de alicuius manupastu. Out of these words, I learn the reason, why great men were not combined in any ordinary dozeine, and that is, because they were a sufficient assurance for themselves and for their menial servants: no less than the ten were one for another in ordinary dozeins. See Frank pledge: see Skene de verborum significatione. verbo. Freiborgh. Fleta writeth this word (frithborgh) and useth it for the principal man, or at the least, for a man of every dozein. Frithborgh (saith he) est laudabilis homo testimonii liber vel servus, per quem omnes juxta ipsum commorantes firmiori pace sustententur sub stabilitate fideiussionis eius vel alterius per denarium numerum, unde quilibet quasi plegius alterius: it a quod si unus feloniam fecerit, novem tenentur ipsum ad standum recto praesentare. lib. 1. ca 47. §. Frithborgh. See Roger Hoveden, part poster. suorum annal. in Henrico secundo. fol. 345. a. b.  
Friar (frater) cometh of the French (fiere) there be four orders reckoned of them. anno 4. H. 4. cap. 17. viz. Minours, Augustine's, Preachers, and Garmelites, the four principal orders, of which the test descend. See in Zechius de rep. ecc. pag. 380 Look Linwood. titulo de relig. demibus. cap. 1. verb. Sancti Augustin.  
Friar observant (frater observans) is an order of Franciscans: for the better understanding of whom, it is to be noted, that of those 4. orders mentioned in the word (Friar,) the Franciscans, are minores tam Obseruantes quòm Conventuales & Capuchini. Zecchus de Repub. Eccl. tract. de regular. cap. 2. These Friars observant, you find spoken of anno 25. H. 8. cap. 12. who be called observants, because they are not combined together in any cloister, covent, or corporation as the Conuentuals are: but only tie themselves to observe the rites of their order, and more strictly than the Conuentuals do: and upon a singularity of zeal, separate themselves from them, living in certain places, and companies of their own choosing. And of these you may read Hospinian. de orig. & progr. Monachatus. fol. 878. cap. 38.  
Friperer, is taken from the French (fripier) interpolator, one that scoureth up and cleanseth old apparel to sell again. This word is used for a bastardly kind of broker. anno 1. jaco. cap. 21.  
Frithborgh, see Freeborgh.  
Frithsoken, signifieth surety of defence, as Saxon saith in the description of England, cap. 12. It seemeth to come of these two Saxon words, frith, or frid, or (fred.) i. pax, & (soaken. i. quaerere.) Fleta termeth it frithsokne, vel forsokne, yielding this reason, Quòd significat libertatem habendi franci plegii.  
Fuer (fuga) cometh of the French (fuir, i. fugere) though it be a verb, yet it is used substantively in our common law, and is twofold: fuer in feit, (in facto) when a man doth apparently and corporally fly, and fuer in ley, (in league) when being called in the county, he appeareth not until he be outlawed: for this is flight in interpretation of law. Staw nf. pl. cor. lib. 3. c. 22.  
Fugitives goods, (bona fugitivorum) be the proper goods of him that flieth upon felony, which after the flight lawfully found, do belong to the king. Coke vol. 6. fol. 109. b.  
Furlong, (ferlingum terrae) is a quantity of ground containing twenty lugs or poles in length, and every pole 16 foot and a half, eight of which furlongs make a mile, anno 35. Fd. 1. cap. 6. It is otherwise the eighth part of an acre. See Acre. In the former signification the Romans call it (stadium,) in the later (iugerum.) This measure which we call a pole, is also called a perch, & differeth in length, according to the custom of the country. See Perch.  
Fur (furrura) cometh of the French (fourrer. i pelliculare) to line with skins. Of fur I find divers strange kinds in the statute. anno 24. H. 8. cap. 13. as of sables, which is a rich fur of colour between black and brown, being the skin of a beast called a Sable, of quantity between a Polecat and an ordinary cat, and of fashion like a Polecat, bred in Ruscia, but most and the best in Tartary. Lucerns; which is the skin of a beast so called, being near the bigness of a wolf, of colour between red and brown, something mailed like a cat, and mingled with black spots, bred in Muscovie and Ruscia, & is a very rich fur. Genets, that is the skin of a beast so called, of bigness between a cat and a weasel, mailed like a cat, and of the nature of a cat, bred in Spain. Whereof there be two kinds, black, and grey, and the black the more precious fur, having black spots upon it hardly to be seen. Foines, is of fashion like the Sable bred in France for the most part: the top of the fur is black, and the ground whitish. Marten, is a beast very like the Sable, the skin something courser, it liveth in all countries that be not too cold, as England, Ireland, etc. and the best be in Ireland. Miniver, is nothing but the bellies of Squirrels, as some men say: others say, it is a little vermin like unto a weasel milk white, and cometh from Muscovie. Fitch, is that which we otherwise call the Polecat here in England. shanks, be the skin of the shank or leg of a kind of Kid which beareth the fur, that we call Budge. Calaber, is a little beast, in bigness about the quantity of a squirrel, of colour grey, and bred especially in high Germany.   

G  
GAbell (gabella, gablum) cometh of the French (gabelle. i vectigal) and hath the same signification among our old Writers, that (gabelle) hath in France, for M. Camden in his Britannia. pag. 213. speaking of Wallingford, hath these words: Continebat 276. hagas. i. domos reddentes novem libras de gablo: and pag. 282. of Oxford, these: Haec urbs reddebat pro telonio & gablo, & aliis consuetudinibus per annum, Regi quidem viginti libras, & sex sextarios mellis: Comiti verò A'garo decem libras. Gabella (as Cassanaeus defineth it, de consuetu. Burgund. pag. 119. Est vectigal quod solvitur probonis mobilibus, id est, pro hiis quae vehuntur, distinguishing it from Tributum, quia Tributum est propriè, quod fisco vel Principi solvitur pro rebus immobilibus.  
Gage, (vadium) cometh of the French (gager. i. dare pignus, pignore certare) and is itself a French word nothing changed, but in pronunciation. It signifieth with us also a pawn o● pledge. Glanvile lib. 10. cap. 6. where he saith thus: Quandoque res mobiles ponuntur in vadium, quandoque res immobiles, and a little after that, thus: Invadiatur res quandoque ad terminum, quandoque sine termino. Item quandoque invadiatur res aliqua in mortuo vadio, quandoque non. And from that chapter to the end of the twelfth in the same book, he handleth this only thing. Though the word (gage) be retained as it is a substantive, yet as it is a verb, the use hath turned the G. into W. so as it is oftener written (wage:) as to wage deliverance, that is, to give security that a thing shall be delivered. For if he that distrained, being siewed, have not delivered the cattles that were distrained, than he shall not only avow the distress, but (gager deliverance) i. put in surety, that he will deliver the cattles distrained. Fitzh. nat. br. fol. 74. D. & 67. F. whom see also fol. 67. F. G. yet in some cases, he shall not by tied to make this security: as if the cattles died in pound. Kitchen fol. 145. or if he claim a property in the cattles siewed for. Terms of the law. To wage law what it is, see in his place. verbo. Lane. See Mortgage.  
Gager deliverance. See Gage.  
gale. See Gaoll.  
Gainage, (Wainagium) is near to the French (Gaignage. i. quaestus, lucrum,) and signifieth in our common law, the land held by the base kind of Sokemen or villains. Bract. lib. 1. cap. 9 where he hath these words, speaking of servants: Et in hoc legem habent contra dommos, quòd stare possunt in judicio contra eos de vita & membris propter saevitiam dominorum, vel propter intolerabilem iniuriam. Vt si eos distruant, quòd salvum non possit eye esse Wainagium suum. Hoc autem verum est de illis servis, qui tenent in antiquo dominico coronae. And again, lib. 3. tract. 2. cap. 1. Miles & liber homo non amerciabitur nisi secundum modum delicti, secundum quod delictum fuit magnum vel parvum, & salvo contenemento suo: Mercator verò, non nisi salva mercandiza sua: & villanus, non nisi salvo Wainagio suo. This in Westm. 1. cap. 6. an. 3. Ed. prim. is called Gaynure: and again, cap. 17. and in magna charta, cap. 14. it is called wainage. I find it in the old. nat. br. fol. 117. called Gainor. viz. in these words: The writ of Ail was praecipe, etc. quòd reddat unam bovatam terrae, & unam bovatam marisci: and the writ was abated for that the oxegang is always of a thing that lieth in gainor. I think this word was used of lands usually ploughed, because they that had it in occupation, had nothing of it but the profit and fruit raised of it by their own pains, toward their suste nance, nor any other title, but at the Lords will. Gainor again in the same book, fol. 12. is used for a Sokeman, that hath such land in his occupation. In the 32. chapter of the Grand customary of Normandy: Gaigneurs be ruricolae qui terras eleemozin at as possident: and Britton useth gainer, for to plow or till, fol. 65. a. & 42. b. West part 2. symbol. titulo, Recoveries. sect. 3. hath these words: A praecipe quòd reddat, lieth not in Bovata marisci. 13. Ed. 3. fol. 3. nor de selione terrae. Ed. 1. for the uncertainty: because a selion, which is a land, sometime containeth an acre, sometime half an acre, sometime more, and sometime less. It lieth not of a garden, cottage, or croft. 14. Assis. 13. 8. H. 63. 22. Ed. 4. 13. de virgata terrae. 41. 43. 13. Ed. 3. de fodina, de minera, de mercatu. 13. E. 3. for they be not in demesn: but in gain, etc. Lastly, in the statute of Distresses in the Exchequer. anno 51. H. 3. I find these words. No man of religion, nor other, shall be distrained by his beasts that gain the land.  
Galege, (galicae) seemeth to come of the French, (galloches) which signifieth a certain kind of shoe worn by the Gauls in soul weather of old times. I find it used for some such implement. anno 4. Ed. 4. cap. 7. & anno 14. & 15. H. 8. cap. 9 where it is written plainly. Galochet.  
Galingal (cyperus) is a medicinal herb, the nature and diversity whereof is expressed in Gerard's herbal. lib. 1. cap. 22. The root of this is mentioned for a drug to be garbled. anno 1. jaco. cap. 19  
Gallihalpens, were a kind of coin forbidden by the statute. anno 3. H. 5. cap. 1.  
Galloches. See Galege.  
Galls, (Gallae) be a kind of hard fruit like a nut, but rounder, growing of the tree called in latin (galla.) The divers kinds and uses whereof Gerard expresseth in his Herbal. lib. 3. cap. 34. This is a drug to be garbled. anno 1. jaco. cap. 19  
Gaol, (gaola) cometh of the French (Geole. i. caveola) a cage for birds, but is metaphorically used for a prison. Thence cometh (Geolier) whom we call Gayler or Jailer.  
Garb (garba) cometh of the French (garb, aliâs, gerbe. 1. fascis.) It signifieth with us, a bundle or sheaf of corn. Charta de foresta. cap. 7. and garba sagittarum, is a sheaf of arrows. Skene de verb. signif. verbo, Garba.  
Garbling of bow-staves. anno 1. R. 3. cap. 11. is the sorting or culling out the good from the bad. As garbling of spice, is nothing but to purify it from the dross and dust that is mixed with it. It may seem to proceed from the Italian (garbo) that is, fineness, neatness.  
Guard, (Custodia) cometh of the French, (guard) being all of one signification. It signifieth in our common law, a custody or care of defence: but hath divers applications: sometimes to those that attend upon the safety of the Prince, called Yeomen of the Guard: sometime to such as have the education of children under age, or of an Idiot: sometime to a writ touching wardship. Which writs are of three sorts: one called a right of guard or ward, in French, droit de guard, Fitzh. nat. br. fol. 139. the second is ejectment de guard. Idem fol. 139. L. the third, is ravishment de guard. Idem fol. 140. F. G. See Gardem, see Ward.  
Garden (Custos) cometh of the French (gardien,) and yet the Germane (Warden) is near unto it. It signifieth generally him, that hath the charge or custody of any person or thing: but most notoriously him, that hath the education or protection of such people, as are not of sufficient discretion, to guide themselves and their own affairs, as children and Idiots: 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 14. years of age, and Curator, he that hath the disposition and ordering of his substance afterward, until he attain to 25. years: or that hath the charge of a frantic person during his lunacy: the common Lawyers use but only Gardien or Guardian for both these. And for the better understanding of our English law in this thing, you must know, that as tutor is either testamentarius, or à Praetore datus ex lege Atilia, or lastly, legitimus: so we have three sorts of gardens 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. Touching the first, a man having goods and chatels never so many, may appoint a garden to the body or person of his child, by his last will and testament, until he come to the age of fourteen years, and so the disposing or ordering of his substance, until what time he thinketh meet, and that is most commonly to the age of 21. years. The same may he do, if he have lands to never so great a value, so they hold not in capite of the king, nor of any other Lord, by knight's service. And in the former case, if the father appoint no Garden to his child, the ordinary may appoint one to order his movables and chatels, until the age of 14. years: at which time he may choose his guardian, accordingly as by the the civil law he may his Curator. For we hold all one rule with the Civilians in this case: and that is, Invito curator non datur. And for his lands, if he hold any by copy of court roll, commonly the Lord of the fee appointeth him a guardian, until he come to the age of 14. years, and that is one, next of kind to the Minor of that side, that can hope for least profitby his death. If he hold by charter in socage, than the next of kind on that side by which the land cometh not is the guardian: and hereupon called guardian in socage. And that which is said here of socage seemeth to be true likewise in petit sergeanty. anno vicesimo octavo. Edvardi primi. statuto primo. And the reason of this, Fortescue giveth in his book, entitled, A commendation of the politic laws of England. cap. 44. viz. because there might be suspicion, if the next kinsman on that side by which the land descendeth, should have the custody and education of the child, that for desire of his land, he might be enticed to work him some mischief. Lastly, if a man die seized of lands, holding by knight's service, leaving his heir in minority, that is, under 21. years: the Lord of the fee hath, by law, the custody both of the heir and his land, until he come to age. See the statute, anno 28. Ed. prim. statut. prim. And the reason of this, Fortescue likewise giveth, for that he to whom by his tenure he oweth knight's service, when he can perform it, is likeliest to train him up in martial and ingenious discipline, until he be of ability. But Polidore Virgil in his Chronicle, lib. 16. saith, that this was Movum vectigalis genus excogitatum, to help Henry the third, being oppressed much with poverty, by reason he received the kingdom much wasted by the wars of his ancestors: and therefore needing extraordinary help to uphold his estate: yet the 33. chapter of the Grand Custumary maketh mention of this to have been used by the Normans: and I think this the truer opinion. Here it is to be observed, whether land in knight's service hold in capite, or of another Lord, or some of the King, and some of another. If of the king, whether of the king alone or not, all is one. For the king in this case is guardian to the heirs both person and land by his prerogative. Stawnf praerog. cap. 1. If he hold of a common Lord, it is either of one alone or more; if of one only, then is he guardian of both person and lands; if of more, than the Lord of whom he holdeth by the elder tenure, is guardian of the person, and every one of the rest hath the custody of the land holden of himself. If the priority of the tenure cannot be discerned, then is he guardian of the person, that first happeth him. Terms of the law. Stawnf. ubi supra. whom you may read more at large: which Author fol. 19 maketh mention of garden in feit, and garden in droit: that is, in deed, and in law: I take the first to be him that hath purchased, or otherwise obtained the ward of the Lord of whom the land holdeth: the second, him that hath the right by his inheritance and signory. old. nat. br. fol. 94 Then is there garden per cause de guard, which is he that hath the wardship of a Minor, because he is guardian of his Lord being likewise in minority. Stawnf. ubi supra. fol. 15. Of this you may read Skene de verb. signif. verbo Varda. by whom you may learn great affinity, and yet some difference between the law of Scotland, and ours in this point.  
Guardia, is a word used among the Feudists, for the Latin (custodia,) and guardianus seu guardio dicitur ille, cui custodia commissa est. lib. Feudo. 1. titulo. 2. & tit. 11.  
garden of the spiritualties, (Custos spiritualium, vel spiritualitatis) is he to whom the spiritual jurisdiction of any Diocese is committed, during the vacancy of the see. anno 25. H. 8. cap. 21. And I take, that the guardeyn of the spiritualties, may be either Guardeyn in law, or jure Magistratus, as the Archbishop is of any Diocese within his province, or guardian by delegation, as he whom the Archbishop or Vicar general doth for the time depute.  
garden of the peace, (Custos pacis.) See Conservatour of the peace.  
garden of the Cinque ports, (Gardianus quinque portuum) is a Magistrate that hath the jurisdiction of those havens in the east part of England, which are commonly called the Cinque ports, that is, the five havens: who there hath all that jurisdiction, that the Admiral of England hath in places not exempt. The reason why one Magistrate should be assigned to these few havens, seemeth to be, because they in respect of their situation, anciently required a more vigilant care, than other havens, being in greater danger 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 romans, after they had settled themselves and their Empire here in England, appointed a Magistrate or governor over those East parts, whom they termed Comitem littoris Saxonici per Britanniam, having another that did bear 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 farther signifieth his opinion, that this Warden of the Cinque ports, was first erected amongst us, in imitation of that Roman policy. See Cinque ports.  
Gare, anno 31. Fd. 3. cap. 8. is a course wool full of staring hairs, as such as groweth about the pesill or shanks of the sheep.  
Garnishment, cometh of the French (Garnir. i. instruere.) It signifieth in our common law, a warning given to one for his appearance, and that for the better furnishing of the cause and court. For example, one is siewed for the detinew of certain evidences or charters, and saith, that the evidences were delivered unto him not only by the plaintiff, but by another also: and therefore prayeth, that that other may be warned to plead with the plaintiff, whether the said conditions be performed yea or no. And in this petition he is said to pray garnishment. New book of Entries. fol. 211. colum. 3. Terms of the law. Cromptons' Iurisd. fol. 211. which may be interpreted either warning of that other, or else furnishing of the court with parties sufficient, thoroughly to determine the cause: because until he appear and join, the defendant (as Fitzh. saith) is, as it were, out of the court. nat. br. fol. 106. G. and the court is not provided 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 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 needful, that every obligation be apparelled. And an obligation ought to be apparelled with these five sorts of garnements, etc. Howbeit, I read it generally used for a warning in many places, and namely, in Kitchen 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.  
guarantee. See Warranty.  
Garter (Garterium) cometh of the french (jartiere or jartier. i. periscelis, fascia poplitaria) It signifieth with us both in divers statutes, and otherwise, one especial garter, being the ensign of a great and noble society of knights, called knights of the garter. And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Poeta among the Grecians 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 success in a skirmish, wherein the king's garter (I know not upon what occasion) was used for a token. I know that Polidore Virgil casteth in an other suspicion of the original: 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 Castille, 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 dancing 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 ear it were long, he would make that garter to be of high reputation, & shortly after instituted this order of the blue garter, which every one of the order is bound daily to wear, being richly decked with gold and precious stones, and having these words written, or wrought upon it: Honi soit qui mal y pence. which is thus commonly interpreted: evil come to him that evil thinketh: but I think it might be better thus: Shame take him that thinketh evil. See knights of the garter. M. Fearne 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 inferiorto none in the world, consisting of 26. martial and heroical nobles, whereof the king of 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 Emperors 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 Polidore, and M. Fern. 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 observances, see in M. Segar's new book, entitled Honour military and civil. li. 2. ca 9 fo. 65. Garter also signifieth the principal king at arms, 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 special and ancient kind of Cessavit used in Kent, where the custom of Gavill kind continueth: whereby the tenant 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. Ed. 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, Lincoln, York, and the Cinque ports. lib. 2. cap. 55. in principio.  
Gavelkind, is, by M. Lamberd in his Exposition of Saxon words, verbo. Terra ex scripto, compounded of three Saxon words, gift, call, cin: omnibus cognatione proximis data. But M. Verstegan in his restitution of decayed intelligence, cap. 3. calleth it (Gavelkind) quasi, give all kind, that is, give to each child his part. It signifieth in our common law a custom, whereby the lands 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, Kit. fol. 102. This custom is said to be of force in divers places of England, but especially in Kent, as the said Author reporteth, showing also the cause why Kentish men rather use this custom, than any other province. viz. because it was a composition made between the Conqueror and them, after all, England beside was conquered, that they should enjoy their ancient customs, whereof this was one. For M. Camden in his Britannia, pag. 239. saith in express words thus: Cantiani eâ lege Gulielmo Normano se dediderunt, ut patrias consuetudines illaesas retinerent, illamque inprimis quam Gavelkind nominant. Hac terrae quae eo nomine censentur, liberis masculis ex aequis portionibus dividuntur: vel foeminis, si masculi non fuerint: adding more worth the noting, viz. Hanc haereditatem, cum quintum decimum annum attigerint, adeunt, & sine Domini consensu, cuilibet, vel dando, vel vendendo alienare licet. Hac filii parentibus furti damnatis in id genus fundis succedunt, etc. This custom in divers gentlemen's 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 days there were not above thirty or forty persons in Kent, that held by any other tenure. See the new Terms, Gavelet, and gavelkind.  
Gawgeour, (gaugeator) seemeth to come of the French (Gawehir. i. in gyrum torquere.) It signifieth with us an Officer of the Kings appointed to examine all tons, hogsheads, pipes, barels, 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 Purveyors. cap. 8.  
Geld, signifieth with the Saxons, pecunia vel tributum. See Gyld.  
Genets, aliâs, jenets. See Fur.  
Gentleman, (generosus) seemeth to be made of two words, the one French, (gentle. i. honestus, vel honesto loco natus:) the other Saxon (Mon) as if you would say, a man well borne. The Italian followeth the very word, calling those (gentle homini) whom we call Gentlemen. The Spaniard keepeth the meaning, calling him Hidalgo, or Hyod'algo, that is, the son of some man, or of a man of reckoning. The Frenchmen call him also gentle houme: so that gentlemen be those, whom their blood and race doth make noble and known. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in Greek, in Latin, Nobiles. Smith de Repub. Anglor. lib. 1. cap. 20. under this name are all comprised that are above Yeomen: so that Noblemen be truly called gentlemen. But by the course and custom of England, Nobility is either mayor or minor: the greater contains all titles and degrees from Knights upward: the lesser all from Barons downward. Smith ubi supra. cap. 21. The reason of the name, as I take it, groweth from this, that they observe gentilitatem suam, that is, the race & propagation of their blood, by giving of arms, which the common sort neither doth, nor may do. For by the coat that a gentleman giveth, he is known to be, or not to be descended from those of his name, that lived many hundred years since. Howbeit, that this is neglected, where substance faileth to maintain the countenance. For many of great birth fall to poverty, whose posterity living and labouring in want, have small encouragement to look after the titles of their ancestors, and so in time slip into the number of the ignoble sort: yet if they by their virtue or fortune, can again advance themselves to sufficient ability, the Herald out of his observations can restore them to the coat of their progenitors, and now and then help them to one, that their ancestors never ware. Gentiles homines, see in Tiraquel. de Nobilitate. cap. 2. pag. 53. Tully in his Topickes thus saith of this matter. Gentiles sunt, qui inter se eodem sunt nomine ab ingenuis oriundi, quorum maiorum nemo servitutem servivit, qui capite non sunt diminuti. And in the first book of his Tusc. questions, he calleth Tullum Hostilium, one of the kings of Rome, gentilem suum.  
General Issue. vid. Issue.  
Gestu & fama, is a writ. Lamb. Eirenarcha. lib. 4. ca 14. pag. 531.  
Gygge mills, were for the fulling of woollin cloth and forbidden, anno 5. Edward. 6. cap. 22.  
Gilled: alias Geld (Gildare) cometh from the Saxon word (Gildan) i. solvere, Lamb. in his explica: of Saxon words saith verb. Contubernalis. It is used as a verb, and as a substantive also, and as it is a substantive, it is latined Gilda and signifieth a tribute, or sometime an amercement, or thirdly a fraternity or company, combined together by orders and laws made among themselves by the prince's licence. M. Camden citeth many antiquities, by which it appearreth to signify a tribute or tax, as pa. 135. 139. 159. 168. 178. M. Crompton in his jurisdictions, fol. 191. showeth it to be an amercement, as footgeld, and fol. 197. he interpreteth it to be a prestation within the forest, in these words: To be quit of all manner of Gelds. is to be discharged of all manner of prestations to be made for gathering of sheves of corn, of lamb, and of wool to the use of Foresters. Again M. Camden pag. 349. dividing Suffolk into three parts, calleth the first Gildable, because tribute is thence gathered; the second libertatem S. Edmundi: The third libertatem S. Etheldredae. And the statutes: anno 27. Ed. 3. stat. 2. ca 13. & anno 11. H. 7. ca 9 use Gildable in the same sense, and so doth the statute anno 27. H. 8. ca 26. From this M. Lamberd, ubi supra, is likewise persuaded, that the common word (Gilled) or (Gildhall) doth proceed, being a fraternity or communality of men gathered into one combination, supporting their common charge by a mutual contribution: And in the register original, fol. 219. b. I read Gildam mercatoriam, that is the Gild merchant, which I have heard to be a certain liberty or privilege belonging to Merchants, whereby they are enabled to hold certain pleas of land within their own precincts. This word (Gilds) or (Guilds) is so used anno 37. Ed. 3. ca 51. & anno 15. R. 2. cap. 5. And Gildhalda Teutonicorum, is used for the fraternity of easterling merchants in London, called the stilyard anno 22. H. 8. cap. octavo.  
Ginger (Zinziber) is a spice well known, being the root of a plant that groweth in hot countries, as Spain, Barbary, etc. The true form whereof you have expressed in Gerard's herbal. li. 1. ca 38. This is a spice whose root is to be garbled. anno 1. jaco. ca 19  
Ginny pepper (piper de Ginnea) is otherwise called Indian pepper, of the place whence it cometh. The nature and farther description whereof you have in Gerard's herbal. lib. 2. ca 66. This you have mentioned among drugs and spices to be garbled, in the statute. i jaco. ca 19  
Gisarms: anno 13. Ed. 1. stat. 3. cap. 6. is a kind of weapon. Flet a writeth it Sisarme. lib. 1. ca 24 §, item quod quilibet.  
Glance o'er, Plowden casu Mines. fo. 320. b.  
Glanuill was a learned lawyer, that was Chief justice in Henry the seconds days, and writ a book of the common laws of England, which is the ancientest of any extant touching that subject. Stawnf. praerog. cap. prim. fol. 5. He was then called in Latin Ranulphus de Glanvilla. He died in Richard the first his days at the city of Acres in the coast of jury, being with him in his voyage to the holy land. Plowden. casu. Stowel. fol. 368. b.  
Go, is used sometime in a special signification in our common law: as to go to God, is to be dismissed the court. Broke titulo. Fayler de records. num. 1. Go forward, seemeth also to be a sign given by a judge to the Sergeant or Counselor, pleading the cause of his client, that his cause is not good. For when he standeth upon a point of law, and heareth those words of the judges mouth, he taketh understanding, that he looseth the action. Smith de Repub. Anglo. lib. 2. cap. 13. To go without day, is as much as to be dismissed the court. Kitchen fol. 193.  
Good behaviour. See Good abearing  
Good abearing, (Bonus gestus) is, by an especial signification, an exact carriage or behaviour of a subject, toward the king and his liege people, whereunto men upon their evil course of life, or loose demeanour are sometimes bound. For as M. Lamberd in his Eirenarcha. lib. 2. cap. 2. saith: he that is bound to this, is more strictly bound then to the peace: because, where the peace is not broken without an affray, or battery, or such like: this surety (de bono gestu) may be forfeited by the number of a man's company, or by his or their weapons or harness: Where of see more in that learned Writer in the same chapter, as also in M. Cromptons' justice of peace. fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127.  
Good country, (Bona patria) is an Assize, or jury of country men or good neighbours: Skene de verbo. signif. verbo, Bona patria.  
Graffer (grafarius) signifieth as much as a notary or scrivener. It cometh of the French (greffier. i. scriba, actuarius.) This word is used in the statute anno. 5. H. 8. c. 1.  
Grains (grana paradisi, aliâs Cardamomum) is a spice medicinable and wholesome, whereof you may see divers kinds in Gerard's herbal, l. 3. ca 148. These are comprised among merchandise that be to be garbled. an●. I. c. 19  
Grand assize. See Assize. and Magna assisa.  
Grand Cape. see Cape and Attachment.  
Grand Sergeanty: See Chyvalrie. & Seargeantye.  
Grand distress: (Magna destrictio) is a distress taken of all the lands, and goods, that a man hath within the county or bailiwick, whence he is to be distrained: Fleta. li. 2. ca 69. §. penult: See Distress. This word is used anno 51. H. 3. ca 9 This falleth out when the defendant hath been attached, and yet appeareth not upon his attachment; or when he appeareth & afterward makes default. For then the shreeve is commanded to distrain the Defendant, by all his goods and chatels, and to answer the king the issues of his lands.  
Grange (grangia) is a house or building, not only where corn is laid up, as barns be, but also where there be stables for horses, stalls for oxen and other cattles, sties for hogs, and other things necessary for husbandry, Lindwood ca item omnes de judiciis verbo, Graungus, in glossa:  
Grant (Concessio, grantum) Glanvile. signifieth specially in our common law, a gift in writing of such a thing, as cannot aptly be passed or conveyed by word only: as rend, reversions, services, advowsens in gross, common in gross, villain in gross, tithes, etc. or made by such persons, as cannot give but by deed, as the king and all bodies politic: which differences be often in speech neglected, and then is it taken generally for everry gift whatsoever, made of any thing by any person, and he that granteth it, is named the grantor, and he to whom it is made, the Grauntee. West. part. i. symbol. lib. 2. sect. 334. A thing is said to lie in grant, which cannot be assigned with out deed. Coke l. 3. Lincoln's Coll. case. f. 63. a.  
Great men, are sometimes understood of the laity of the higher house of parliament, as anno. 43. Ed. 3. ca 2. & anno 8. R. 2. in prooem. and sometime of the knights etc. of the lower house, as anno 2. R. 2. stat. 2. in princip.  
Greenshield, cometh of the French (Grè). i. sententia, beneplaecitum. It signifieth in our common law, contentment or good liking: as to make gree to the parties, is to satisfy them for an offence done. anno 1. Rich. 2. cap. 15.  
Greachbreach, is breaking of the peace. Saxon in the descriptiion of England. ca 11. v. Rastal. titulo exposition of words. The new expounder of law terms writeth it (Grichbreach) and giveth it the same signification. See Greve.  
Green hew, is all one with vert. Manwood part 2. of his forest laws. cap. 6. nu. 5. See Vert.  
Green wax, seemeth to be used for estretes delivered to shreeves out of the exchequer, under the seal of that court, to be levied in the county, anno 42. Ed. 3. ca 9 & anno 7. H. 4. cap. 3. See Foreign apposer.  
grieve (praepositus) is a word of power and authority, signifying as much as Dominus, or praefectus. Lamberd in his exposis. of Saxon words, verbo Praefectus. Where he seemeth to make it all one with (Reve) as I think undoubtedly it is: The Saxon word is Gerefa whereof we have divers words compounded, as Shyreeve. Portgreave, etc. which were wont of the Saxons to be written Scyrgerefa: Portgerefa See. Shyreeve and Portgreve. See Roger Hoveden part poster. suorum annal. fo. 346. b. where he saith thus: grieve dicitur, ideo quod iure debeat grithe. i. pacem ex illis facere, qui patriae inferunt Vae. i. miseriam vel malum.  
Grithbreach, is a breach of peace. For Grith is a word of the old Angles, signifying peace. Roger Hovedin part poster suorum annal. fo. 346. b. See Greachbreach.  
Grills anno 22. Ed. 4. ca 2.  
Grocers, be merchants that engross all merchandise vendible anno 37. Ed. 3. ca 5.  
Groom, anno 33. H. 8. ca 10. (Valletus) is the name of a servant that serveth in some inferior place. M. Verslegan in his restitution of decayed intelligence saith, that he findeth it to have been in times past a name for youths, who albeit they served, yet were they inferior to men servants, and were sometimes used to be sent on foot of errands, serving in such manner as lackeys do now.  
Growme, anno 43. E. ca 10. seemeth to be an engine to stretch woollen cloth withal after it is woven.  
Guydage (Guydangium) is that which is given for safe conduct through a strange territory. Cassan: de consuet. Bourg. pag. 119. whose words be these. Est Guidagium quod datur alicui, ut tutò conducatur per loca alterius.  
guild, See Gyld.  
Guylhalda Teutonicorum. See Gild.  
Gule of August (Gula Augusti) anno. 27. Ed. 3. stat. 3. cap. unico Fitzh. nat. br. fol. 62. I. aliâs Goule de August. Ploughed. casu Mines, fo. 316. b. is the very day of Saint Peterad vincula, which was wont, and is still within the limits of the Roman church, celebrated upon the very Kalends of August. Why it should be called the gule of August, I cannot otherwise conjecture, but that it cometh of the latin (gula) or the French (gueule) the throat. The reason of my conjecture is in Durands rationali divinorum li. 7. ca de festo Sancti Petri ad vincula, who saith that one Quirinus a tribune, having a daughter that had a disease in her throat, went to Alexander then Pope of Rome the sixth from Saint Peter, and desired of him to borrow or see the chains that Saint Peter was cheined with under Nero: which request obtained, his said daughter kissing the said chain, was cured of her disease and Quirinus with his family was baptized. Tunc dictus Alexander papa (saith Durand hoc festum in Kalendis. Augusti celebrandum instituit, & in honorem beali Petri ecclesiam in urbe fabricavit, ubi vincula ipsa reposuit, & ad vincula nominavit; & Kalendis Augusti, dedicavit. In qua festivitate, populus illic ipsa vincula hody osculatur. So that this day being before called only the Kalends of August, was upon this occasion afterward termed indifferently either of the instrument that wrought this miracle, Saint Peter's day ad vincula, or of that part of the maiden, whereon the miracle was wrought, the Gule of August.  
Gultwit, seemeth to be compounded of (Gult. i. noxa) and wit, which is said by some skilful men, to be an ancient termination of the words in the Saxon tongue, signifying nothing in itself, but as (dom) or (hood) and such like be in these english words (Christendom) and (Manhood) or such others: others say, and it is true, that wit signifieth blame or reprehension. Gultwit (as Saxon in his description of England ca 11. doth interpret it) is an amends for trespass.  
Gust (Hospes) is used by Bracton for a stranger or guest, that lodgeth with us the second night: lib. 3. tracta. 2. ca 10. In the laws of Saint Edward set forth by M. Lamberd, num. 27. it is written Gest: of this see more in Vncothe.  
Gum (gummi) is a certain clammy or tough liquor that in manner of a swetie excrement, issueth out of trees, and is hardened by the sun. Of these there be divers sorts brought over seas, that be drugs to be garbled, as appeareth by the statute anno 1. jaco. ca 19  
Gutter tile, alias corner tile, is a tile made three cornerwise, especially to be laid in gutters, or, at the corners of tiled houses which you shall often see upon dovehouses at the four corners of their rofes. anno 17. Eduardi 4. ca 4.   

H A  
HAbeas corpus, is a writ, the which a man indicted of some trespass before justices of peace, or in a court of any franchise, and upon his apprehension being laid in prison for the same, may have out of the king's bench, thereby to remove himself thither at his own costs, and to answer the cause there, etc. Fitzh. nat. br. fol. 250. H. And the order is in this case, first to procure a (Certiorari) out of the Chancery directed to the said justices for the removing of the Indictment into the king's bench, and upon that to procure this writ to the shreeve, for the causing of his body to be brought at a day, Register judicial. fol. 81. where you shall find divers cases, wherein this writ is used.  
Habeas corpora, is a writ that lieth for the bringing in of a jury, or so many of them, as refuse to come upon the (venire facias) for the trial of a cause brought to issue. old not br. fol. 157. See great diversity of this writ, in the table of the Register judicial. verbo, habeas corpora. & the new book of Entries. verbo eodem.  
Habendum, is a word of form in a deed of conveyance, to the true understanding whereof you must know, that in every deed of conveyance, there be 2. principal parts, the premises, and the habendum. The office of the premises is, to express the name of the grantor, the grantee, and the thing granted or to be granted. The office of the (habendum) is to limit the estate, so that the general implication of the estate, which by construction of law passeth in the premises, is by the (habendum) controlled and qualified. As in a lease to two persons, the (habendum) to one for life, the remainder to the other for life, altereth the general implication of the joint tenancy in the freehould, which should pass by the premises, if the (Habendum) wear not. Cook. vol. 2. Bucklers case. fo. 55. See Use.  
Habere facias seisinam, is a writ judicial, which lieth, where a man hath recovered lands in the king's court, directed to the shreeve, and commanding him to give him seisin of the land recovered. old nat. br. fol. 154. Terms of the law: whereof see great diversity also in the table of the Register judicial, verb. Habere facias seisinam. This writ is issuing sometime out of the Records of a fine executory, directed to the shreeve of the county, where the land lieth, & commanding him to give to the Cognizee or his heirs, seisin of the land, whereof the fine is levied. which writ lieth within the year after the fine, or judgement upon a (scire facias) and may be made in divers forms. West. part. 2. symb. titulo Fines. sect. 136. There is also a writ called Habere facias seisinam, ubi Rex habuit annum, diem, & vastum, which is for the redelivery of lands to the Lord of the fee, after the king hath taken his due of his lands, that was convicted of felony. Register. orig. fol. 165.  
Habere facias visum, is a writ that lieth in divers cases, where view is to be taken of the lands or tenements in question. See Fitzh. nat. br. in judice. verbo, (View) See Bracton. li. 5. tract. 3. ca 8. & lib. 5. part. 2. ca 11. See vi 〈…〉 See the Register. judicial, fol. 1. 26, 28. 45. 49. 52.  
Haberiects (Hauberietus pannus) magn. chart. ca 25. & pupilla oculi. part. 5. ca 22.  
Hables, is the plural of the French (able) signifying as much as a port or haven of the sea, whence ships do set forth into other countries, and whether they do arrive, when they return from their voyage. This word is used. anno 27. Hen. 6. cap. 3.  
Haerede deliberando alii qui habet custodiam terrae, is a writ directed to the shreeve, willing him to command one having the body of him, that is ward to another, to deliver him to him, whose ward he is by reason of his land. Register. original. fol. 161. b.  
Haerede abducto, is a writ that lieth for the lord, who having the wardship of his tenant under age by right, cannot come by his body, for that he is conveyed away by another. old. nat. br. fol. 93. See Ravishment de Gardiner, and Haerede rapto, in Regist. orig. fol. 163.  
Haeretico comburendo, is a writ that lieth against him, that is an heretic. viz. that having been once convinced of heresy by his Bishop, and having abjured it, afterward falleth into it again, or into some other, and is thereupon committed to the secular power. Fitzh. nat. br. fol. 269.  
Haga, is used as a kind of latin word for a house. I find in an ancient book sometime belonging to the abbey of Saint Augustine's in Canterbury, that king Stephen sent his writ to the shreeve and justices of Kent, in this manner. Stephanus Rex Anglorum vicecomiti & justiciariis de Kent salutem. praecipio quòd faciatis habere ecclesiae sancti Augustini & monachis hagam suam quam Gosceoldus eye dedit, it a been & in pace & justè & quietè & liberè, sicut eam eis dedit in morte sua coram legalibus testibus, etc.  
Hagbut, See Haque and Haquebut.  
Hay boot, seemeth to be compounded (Hay. i. Sepes) and (Bote. i compensatio) The former is french, and the second is Saxon. And although it do fall out sometime, that our words be so compounded: yet is it rare. wherefore it may be thought peradventure to come as well from (Hag) and (boot) which be both saxon words. It is used in our common law for a permission to take thorns and freeth to make or repair hedges.  
Half haque, See Haque.  
Half merk (dimidia merka) seemeth to signify a noble. Fitzh: nat: br: fol: 5. where he saith that in case a writ of right be brought and the seisin of the demandant, or his ancestor alleged, the seisin is not traversable by the Defendant, but he may tender or proffer the half merke for the inquiry of this seisin, which is as much to say in plainer terms, that the Defendant shall not be admitted to deny, that the Demandant or his ancestor, was seized of the land in question, and to prove his denial: but that he shall be admitted to tender half a merke in money, to have an inquiry made, whether the Demandant, etc. were so seized or not. And in this signification I read the same words in the old English natura brevium, fol. 26. b. viz. Know ye, that in a writ of right of Advouzen brought by the king, the defendant shall not proffer the half merke, ne judgement final shall be given against the king, etc. Whereof Fitz. ubi supra. M. giveth the reason, because in the king's case, the defendant shall be permitted to traverse the seisin by licence obtained of the King's Sergeant. To this effect see Fitz. nat. br. fol. 31. C. D. E.  
Half seal, is used in the Chancery for the sealing of Commissions unto Delegates, appointed upon any appeal in ecclesiastical or marine causes, an. 8. Elizab. cap. 5.  
Half tongue. See Medietas linguae.  
Halymote, aliâs, Healgemot, is a Court Baron. Manwood part prim. of his Forest laws. pag. 111. and the etymology is the meeting of the tenants of one hall or manner. M. Gwins preface to his reading, which for the esteem thereof, is by copies spread into many men's hands.  
Hallage, is a see due for clothes brought for sale to Blackwell hall in London. Coke vol. 6. fol. 62. b.  
Hamlet (Hameletum) is a diminutive of (Ham) which signifieth habitationem. Camden. Brit. pag. 149. & 354. The French (hameau. i. viculus) is also near unto it. Kitchen hath Hamel in the same sense. fol. 215. who also useth hampsel for an old house or cottage decayed. fol. 103. Hamlet (as Stowe useth it in Ed. 3.) seemeth to be the seat of a Free holder. For there he saith, that the said king bestowed two manners and nine hamlets of land upon the monastery of Westminster, for the keeping of yearly obits for his wife Queen Eleanor deceased.  
Hameling of dogs, or hambling of dogs, is all one with the expeditating of dogs. Manwood part prim. of his Forest laws. pag. 212. & part 2. cap. 16. num. 5. where he saith, that this is the ancient term that Foristers used for that matter, whence this word might be drawn, I dare not resolve: but it is not improbable, that hameling is quasi, hamhalding, that is, keeping at home, which is done by paring their feet so, as they cannot take any great delight in running abroad. See Expeditate.  
Hampsell. See Hamlet.  
Hamscken, see Homesoken. M. Skene de verb: significa: writeth it Haimsuken, and deriveth it from (Haim) a Germane word, signifying a house or dwelling, and (Suchen) that is to seek, search, or persiew. It is used in Scotland for the crime of him, that violently, and contrary to the king's peace, assaulteth a man in his own house: which (as he saith) is punishable equally with ravishing of a woman. significat quietantiam miser●●rdiae intrationis in alienam domum vi & iniustè. Fleta. lib. pri. cap. 47. See Homesoken.  
Hand in and Hand out. anno 17. Ed. 4. cap. 2. is the name of an unlawful game.  
Hand full, is four inches by the standard. anno 33. H. 8. cap.  
Hankwit alias (Hangwit) or (Hengwit) cometh of the Saxon words (Hangen. i. pendêre) and (wit) whereof read in Gultwit: Rastall in the title, Exposition of words faith, it is a liberty granted unto a man, whereby he is quit of a fellow or these hanged without judgement, or escaped out of custody. I read it interpreted, mulcta pro homine iniustè suspenso. Or whether it may be a liberty, whereby a Lord challengeth the forfeiture due for him, that fordoeth himself within his fee or not, let the Reader consider. See Bloodwit.  
Hanper, (haneperium) haveper of the Chancery. anno 10. R. 2. cap. prim. seemeth to signify as fiseus originally doth in Latin. See Clerk of the Hanaper.  
Hanse, (as Ortelius in the Index of his Additament to his Theatre, verb. Ansiatici. saith,) is an old Gothish word. Where he showeth not the interpretation. It signifieth a certain society of Merchants, combined together for the good usage and safe passage of merchandise from kingdom to kingdom. This society was, and (in part) yet is, endued with many large privileges of princes, respectively within their territories. It had four principal seats, or staples: where the Almain or Dutch Merchants being the erectors of this society, had an especial house, one of which was here in London, called Gildhalda Teutonicorum, or in our common language, the Steelyard. Of this you may read more in the place of Ortelius above mentioned.  
Hap, cometh of the french (Happer. i. rapio, cum quadam velocitate capio) and the french seemeth to come from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It signifieth in our common law the same thing: as to hap the possession of a deed poll. Litleton. fol. 8.  
Haque, is a handgunne of about three quarters of a yard long, anno. 33. H. 8. ca 6. & a. 2. et. 3. Ed. 6. ca 14. There is also the half haque or demi hake. See Haquebut.  
Haquebut, is that piece of artillery or gun, which we otherwise call an arquebus, being both french words. anno. 2. & 3. Ed. 6. ca 14. & anno 4. & 5. Ph. & Ma. ca 2.  
Hariot, aliâs, Heriot (heriotum) is the saxon (heregeat) a little altered, which is drawn from (here. i. exercitus) and a (heriot) in our Saxons time signified a tribute given to the lord for his better preparation toward war. Lamb. in his expl. of Saxon words. verbo. hereotum. The name is still retained, but the use altered: for whereas, by M. Lamb. opinion ubi supra, it did signify so much as Relief doth now with us: now it is taken for the best cha●ell that a tenant hath at the hour of his death, due unto the lord by custom, be it horse, ox, kettle, or any such like. M. Kitchen distinguisheth between heriot service and heriot custom. fol. 133. & 134. for interpretation whereof, you shall find these words in Brook. titulo hariot. nu. 5. Hariot after the death of the tenant for life, is hariot custom. For hariot service is after the death of tenant in fee-simple. The new Expounder of the law terms saith, that hariot service (in some man's opinion) is often expressed in a man's grant or deed, that he holdeth by such service to pay hariot at the time of his death, that holdeth in fee simple. Hariot custom is, where hariots have been paid time out of mind by custom. And this may be after the death of the tenant for life. See Plowden. fol. 95. b. 69. a. b. Braston saith, that heriotum, est quasi Relevium. lib. 2. cap. 36. See Relief. But Britton. cap. 69. saith, that heriot is a reward made by the death of a tenant, to any Lord, of the best beast found in the possession of the tenant deceased, or of some other according to the ordinance or assignment of the party deceased, to the use of his Lord, which reward toucheth not the Lord at all, nor the heir, nor his inheritance, neither hath any comparison to be Relief: for it proceedeth rather of grace or goodwill then of right, and rather from villeins then free men. See Dyer, fol. 199. nu. 58. to the same effect. This in Scotland is called Herrezelda. compounded of herr. i. dominus, herus. and zeild.. i. gift. Skene de verbo. signif. verbo Herrezelda.  
Hart, is a stag of 5. years old complete. Manwood part 2. of his forest laws. cap. 4. nu. 5. which he hath out of Budaeus de philologia. li. 2. And if the King or Queen do hunt him, and he escape away alive, then afterward he is called a Hart royal. And if the beast by the Kings or Queens hunting be chased out of the forest and so escape: proclamation is commonly made in the places there about, that in regard of the pastime, that the beast hath showed to the King or Queen, noneshall hurt him, or hinder him from returning to the forest; and then is he a Hart royal proclaimed. Idem. eodem.  
Hauberk, cometh of the French (Haubert. i. lorica) whereupon he that holdeth land in France by finding a coat or shirt of mail, and to be ready with it, when he shall be called, is said to have Hauberticum feudum. whereof Hotoman writeth thus: Hauberticum feudum gallicâ linguâ vulgò dicitur pro (loricatum). i. datum vasallo ca conditione, ut ad edictum loricatus sive cataphractus praesto sit. Nam ut lorica latinis propriè & minus usitatè est tegmen de loro factum, quo maiores in bello utebantur, quemadmodum Servius Honoratus scribit in libro Aeneidun 11 frequentissimè autem pro aenea armatura in tegrausurpatur. sic apud Gallos' Haubert propriè loricam annulis contextam significat, quam vulgus Cotte de maille appellat. Haec Hot. in verbis feudal. verbo Hauberticum feudum. Hauberk with our awncesters seemeth to signify, as in France, a shirt or coat of mail and so it seemeth to be used, anno 13. Ed. pri. stat. 3. ca 6. Though in these days the word is otherwise written as (Halberd) and signifieth a weapon well enough known.  
Haward aliâs Hayward, secmeth to be componnded of two french word (Hay. i. sepes) & guard.. i. custodia) It signifieth with us, one that keepeth the common heard of the town: & the reason may be, because one part of his office is to look that they neither break nor crop the hedges of enclosed grounds. It may likewise come from the german (herd. i. armentum & (bewarren. i. custodire). He is a sworn officer in the Lord's court: and the form of his oath you may see in kitchen. fol. 46.  
Hawkers, be certain deceitful fellows, that go from place to place, buying & selling, brass, pewter, and other merchandise, that aught to be uttered in open market. The appellation seemeeth to grow from their uncertain wandering, like those that with hawks seek their game, where they can find it. You find the word. anno. 25. H. 8. ca 6. & anno 33. eiusdem. cap. quarto.  
Headborow, is compounded of two words: (Heofod. i. caput) and (Bor-he. i. pignus) It signifieth him, that is chief of the franckpledg: and him that had the principal government of them within his own pledge. And as he was called Headborowe, so was he also called Borowhead, Bursholder, Thirdborow, Tithing man, Chief pledge, or Borowelder, according to the diversity of speech in divers places. Of this see M. Lamberd in his explication of Saxon words. verbo Centuria. and in his treatise of Constables. and Smith de Repub. Anglo. lib. 2. cap. 22. It now signifieth Constable. See Constable.  
Healfang, is compounded of two Saxon words (Hals. i. collum) and (fang. i. capere, captivare). See Pylorie.  
Heir (Haeres) though, for the word, it be borrowed of the latin; yet, it hath not altogether the same signification with us, that it hath with the Civilians, for whereas they call him (haeredem) qui ex testamento succeed 〈…〉 in universum ius testatoris: the common lawyers call him heir, that succeed by right of blood, in any man's lands or tenenients in fee, for there is nothing passeth with us iure haereditatis, but only fee. Movables, or chatels immovable, are given by testament, to whom the testator listeth, or else are at the disposition of the Ordinary, to be distributed as he in conscience thinketh meet, Glossa in Provinciali constitut. Ita quorundam. De testamentis. verbo. Ab intestato. And whether a man enjoy movable goods and chatels, by will or the discretion of the Ordinary, he is not with us called an heir: but only he that succeed either by testament, or right of blood in fee. Cassanaeus in consuetud. Burg. pag. 909. hath a distinction of haeres, which in some sort well acordeth with our law: For he saith, there is haeres sanguinis, & haereditatis. And a man may be haeres sanguinis with us, that is, heir apparent to his father, or other ancestor: and yet may upon displeasure, or mere will be defeated of his inheritance, or at the least, the greatest part thereof.  
Heir loom, seemeth to be compounded of (heir) and (loom) that is, a frame, namely to weave in. The word by time is drawn to a more general signification, then at the first it did bear, comprehending all implements of household, as namely, tables, presses, cupboards, bedsteedes, wainscots, and such like, which by the custom of some countries, having belonged to a house certain descents, are never inventaried after the decease of the owner, as chatels, but accrue to the heir with the house itself. This word is twice metaphorically used in that divine speech, made by that most worthy & complete noble man the Earl of Northampton, against that hellish, ugly, and damnable treason of gunpowder, plotted to consume the most virtuous King that ever reigned in Europe, together with his gracious Queen, and precious posterity, as also the three honourable estates of this renowned kingdom.  
Heck, is the name of an Engine, to take fish in the river of Owse by York. anno 23. H. 8. cap. 18.  
Heinfare, alias, hinefare, (discessiofamuli à domino) the word is compounded of (hine) a servant, and (fare) an old English word, signifying a passage.  
Henchman, or heinsman, is a Germane word signifying (domesticum, aut unum de familia.) It is used with us, for one that runneth on foot attending upon a man of honour or worship. anno 3. Ed. 4. cap. 5. anno 24. Henric. 8. cap. 13.  
Hengwite, significat quiet antian misericordiae de latrone suspenso absque consideratione. Fleta lib. prim. cap. 47. See Hankwit.  
Herald, (heraldus) is borrowed by us of the French (herald) and in M. Verstegans judgement proceedeth originally from two Dutch words (here. i. exercitus) and (healt. i. pugil magnanimus,) as if he should be called (the Champion of the army) having by especial office to challenge unto battle or combat. With us it signifieth an officer at arms, whose function is to denounce war, to proclaim peace, or otherwise to be employed by the King in martial messages or other business. The romans called them plurally (Feciales.) M. Stow in his Annals deriveth them from heroes. pag. 12. which he hath from other that writ of that subject, whose conjecture I leave to the reader. Their office with us, is described by Polydore. lib. 19 in this sort: speaking of the knights of the Garter, he saith: habent insuper Apparitores ministros, quos heraldos dicunt: quorum praefectus armorum Rex vocitatur: high belli & pacis nuncii. Ducibus, Comitibusque à Rege factis insignia aptant, ac eorum funera curant. He might have added farther, that they be the judges and examiners of gentlemen's arms, that they marshal all the solemnities at the coronations of princes, manage combats, and such like. There is also one and the same use of them with us, and with the French nation, whence we have their name. And what their office is with them, see Lupanus lib. prim. de Magist. Francorum, ca Heraldi. There be divers of them with us: whereof three being the chief, are called Kings at arms. And of them Garter is the principal, instituted and created by Henry the fifth. Stows annals. pag. 584. whose office is to attend the knights of the Garter at their solemnities, and to marshal the solemnities of the funerals of all the greater nobility, as of Princes, Dukes, Marquises, Earls, viscounts, and Barons, yet I find in Plowden, casu Reniger, & Fogassa, that Ed. the fourth granted the office of the king of Heralds, to one Garter cum feudis & proficuis ab antiquo, etc. fol. 12. b. The next is Clarentius, ordained by Edward the fourth. for he attaining the Dukedom of Clarence by the death of George his brother, whom he beheaded for aspiring to the crown, made the Herald, which properly belonged to the Duke of Clarence, a King at arms, and called him Clarentius. His proper office is, to marshal and dispose the funerals of all the lesser nobility, as knights, and Esquires, through the Realm of the south side of Trent. The third is Norroy, or Northroy, whose office is the same on the north side of Trent, that Clarentius hath on this side, as may well appear by his name, signifying the northern king, or king of the north parts. Beside these, there be six other properly called Heralds according to their original, as they were created to attend Dukes, etc. in marshal executions. viz. York, Lancaster, Somerset, Richemond, Chester, Windlesour. Lastly there be four other called marshals or pourswivants at arms, reckoned after a sort, in the number of Heralds, and do commonly succeed in the place of the Heralds as they die, or be preferred: and those be Blue Mantle, Rougecrosse, Rougedragon, and Portcullis. The (feciales) among the Romans were priests, Name N 〈…〉 Pompilius divini cultus inst 〈…〉 nem in octo partes divisit, & ita itiam sacerdotum octo ordines constunit, etc. Septiman partem sacrae constitutionis collegio corum adiccit, 〈◊〉 Feciales vocantur. Erant autem ex optimis domibus viri electi, per omne ipsi vitae tempus sacrati, quorum parts in eo versabantur, ut fidei publicae inter populos praeessent: neque justum aliquod bellum fore censebatur: nisi id per Feciales esset indictum. Qui ut Festus ait, a faciendo, quòd belli pacisque faciendae apud eos ius esset, Feciales dicti sunt. Corasius miscel. juris civi. li. 1. ca 10. 〈◊〉. 12.  
Herbage (herbagium) is a french word, and signifieth in our common law, the fruit of the earth provided by nature for the bit or mouth of the cattles. But it is most commonly used for a liberty that a man hath to feed his cattles in another man's ground, as in the forest, etc. Cromptons' jurisdiction. fol. 197.  
Herbenger cometh of the french (Heberger) or (Esberger) (hesberger). i. hospitio excipere. It signifieth with us, an officer of the prince's court, that alotteth the noble men, and those of the household their lodgings. It signifieth also in Kitchen, an Innkeeper. fol. 176.  
Hereditaments (hereditamenta) seem to signify all such things immovable, be they corporeal or incorporeal, as a man may have to himself and his heirs, by way of inheritance. v. anno 32. H. 8. ca 2. or not being otherwise bequeathed, do naturally and of course descend to him which is our next heir of blood, and fall not within the compass of an executor, or administrator, as chatels do.  
Heriot. See Hariot.  
Hide of land (Hida terrae) Saxonicè (Hidelandes) is a certain measure or quantity of land, by some men's opinion, that may be ploughed with one plough in a year: as the author of the new Terms saith, verbo Hidage. by other men, it is an hundred acres. By Beda (who calleth it familiam) it is as much as will maintain a family. Crompton in his Iurisdict. fol. 220. saith, that it consisteth of an hundred acres: every acre in length 40. perches, and in breadth 4. perches, every perch 16. foot and a half. and again, fol. 222. A hide of land containeth an hundred acres, & 8. hides or 800. acres, contain a knights fee. Of this read more in M. Lamberds Explica: of Saxon words, verbo Hyda terrae. See Carve.  
Hide and gain. old. nat. br. fol. 71. Coke. lib. 4. Tirringhams' case. signifieth carable land. See Gainage.  
Hidage (Hidagium) is an extraordinary tax, to be paid for every hide of land, Bracton li. 2. c. 6. writeth thus of it: Sunt etiam quaedam communes praestationes, quae seruitia non dicuntur, nec de consuetudine veniunt, nisi cum necessitas intervenerit, vel cum Rex venerit: sicut sunt Hidagia, Coragia, & Carvagia: & alia plura de necessitate & ex consensu communi totius Regni introducta, & quae ad Dominum feudi non pertinent, etc. of this read the new expounder of law terms, who saith that hidage is to be quit, if the king shall tax all the lands by hides, and yet also granteth it to be the tax itself, saying that it was wont to be an usual kind of taxing as well for provision of armour, as payments of money.  
Hinefare. See Heinfare.  
Hidel. i H. 7. ca 6. seemeth to signify a place of protection, as a Sanctuary.  
Hierlome, See Heirlome.  
Hine, seemeth to be used for a Servant at husbandry and the master hine a servant that overseeth the rest. anno. 12. R. 2. ca quarto.  
Hoblers (Hobellarii) are certain men, that by their tenure are tied to maintain a little light nag, for the certifiing of any invasion made by enemies, or such like peril toward the Sea side, as Porchmouth, etc. of these you shall read. anno 18. Ed. 3. stat. 2. cap. 7. & anno 25. eiusdem. stat. 5. ca 8.  
Hoghenhine, is he that cometh guestwise to a house, and lieth there the third night. After which time he is accounted of his family in whose house he lieth: and if he offend the king's peace, his host must be answerable for him. Bracton lib. 3. tract. 2. cap. 10. In the laws of King Edward set forth by M. Lamberd, he is called agenhine. where you may read more of this matter.  
Hithe (Hitha) is a petit haven to land wares out of vessels or boats. new book of Entrise. fol. 3. colum. 3.  
Hogshead, is a measure of wine or oil containing the fourth part of a tun. that is 63. gallons. anno. i R. 3. ca 13.  
Hoisting. See Hustings.  
Homage (Homagium) is a french word, signifying (fidem clientularem.) for in the original grants of land and tenements by way of fee, the lord did not only tie his tenants or feed men to certain services: but also took a submission with promise and oath, to be true and loyal to him, as there lord & benefactor. This submission was and is called homage: the form whereof you have in the second statute anni. 17. Ed: 2. in these words: when a free man shall do homage to his Lord, of whom he holdeth in chief: he shall hold his hands together between the hands of his lord, and shall say thus: I become your man from this day forth for life, for member, & for worldly honour, and shall owe you my faith for the land I hold of you: saving the faith, that I do owe unto our Sovereign Lord the king, and to mine other Lords. And in this manner the Lord of the fee, for which homage is due, taketh homage of every tenant, as he cometh to the land or fee. Glanvile. lib. 9 ca 1. except they be women, who perform not homage but by their husbands, (yet see Fitzherbert. that saith the contrary in his natura br. fol. 157. F.) Read Glanuile more at large in the said first chapter, with the second, third & fourth; The reason of this M. Skene giveth de verbo. significatione, verbo Homagium. viz. because Homage especially concerneth service in war. He saith also, that consecrated Bishops, do no homage, but only fidelity: the reason may be all one. And yet I find in the Register. orig. fol. 296. a. that a woman taking livery of lands holden by knight's service, must do homage, but not being jointly enfeoffed, for than she doth only fealty. And see Glanuile in the end of the first chapter of his ninth book touching Bishops consecrated, whom he denieth to perform homage to the king for their Barony, but only fealty. Fulbeck reconeileth this, fol. 20. a. in these words. By our law a religious man may do homage, but may not say to his lord Egodevenio homo vester, because he hath professed himself to be only God's man, but he may say, I do unto you homage, and to you shall be faithful & loyal. See of this Britton. cap. 68 Homage, is either new with the fee, or ancestral: that is, where a man and his ancestors, time out of mind, have held their lands by homage to their Lord, whereby the Lord is tied to warrant the land unto his tenant. new Terms of the law. This homage is used in other countries as well as ours, & was wont to be called Hominium. See Hotom. de verbis feudalibus, verbo. Homo. Skene divideth it into liegium & non liegium. de verb. signify. verbo Homage. for the which see Liege, and Hotoman, disputatione de feudis tertia. Homage is sometime used for the jury in the Court Baron, Smith de Repub. Anglo. lib. 2. cap. 27. The reason is, because it consisteth most commonly of such, as owe homage unto the Lord of the fee. And these of the Feudists are called pares curiae, sive ourtis, sive domus, sic dicuntur enim conuassalli sive compares, qui ab eodem patrono feudum receperunt, vel qui in eodom territorio feudum habent. Hotoman. Of this homage you may read in the 29. c. of the Grand customary of Normandy, where you shall understand of other sorts of homage used by them, & strange unto us. whereunto join Hotoman. disputat. de feudis, in divers places & namely columna 860. C. hiis verbis. Deinceps de nota hominii & feudalitiae subiectionis videamus. Omnium quidem video esse common, ut dexteras tanquam in foederibus iungerent: plerumque etiam ut dexteris aversis, osculum praeberent, interdum, ut ambas manus iunctas patrono contrectandas praeberent: supplicum & dedititiorum nomine, qui velatas manus porrigebant. and pag. 861. hiis verbis. Multis Galliae atque etiam Angliae moribus constitutum est (Quod ex Anglico Litletonio intelleximus) ut hominium seruili & supplici veneratione, ac plane tanquam a dedititiis praestetur. Nam vasallus discinctus, nudo capite, ad pedet sedentis patroni proiectus, ambas manus iunctas porrigit: quas dum Dominus suis manibus amplectitur, haec verba pronunciat. Here, venio in tuum hominium & fidem, & homo tuus fio ore & manibus; tibique iuro ac spondeo fidelem me tibi futurum eorum feudorum nomine, quae tuo beneficio accepi, etc. Whereunto you may add him, colum. 819. G. 822. F. & 857. B. & D. & F. Of homage in Scotland, read M. Skene, de verb. signif. verbo Homagium. to whom you may also join a plentiful discourse in speculo Durandi. commonly called (speculator) among the Civilians, titulo De Feudis.  
Homagio respectuando, is a writ to the Escheatour commanding him to deliver seisin of lands to the heir, that is at full age, notwithstanding his homage not done, which ought to be performed before the heir have livery of his lands, except there fall out some reasonable cause to hinder it. Fitzh. nat. br. fol. 269.  
Homine eligendo ad custodiendam peciam sigillipro Mereatoribus aediti, is a writ directed to a corporation, for the choice of a new man to keep the one part of the seal, appointed for statutes Merchant, when the other is dead, according to the statute of Acton Burnel. Register. orig. fol. 178. a.  
Homine replegiando, is a writ for the bail of a man out of prison: which, in what cases it lieth, and what not, See Fitz. nat. br. fol. 66. See also the Register orig. fol. 77. See the new book of Entries. verb. Homine replegiando.  
Homine capto in Withernamium, is a writ to take him, that hath taken any bondman or woman, and led him or her out of the county, so that he or she cannot be replevied according to law. Register orig. fol. 79. a. See Withernam.  
Homicide (homicidium) is the slaying of a man: and it is divided into voluntary, or casual: homicide voluntary is that, which is deliberated, and committed of a set mind, and purpose to kill: homicide voluntary, is either with precedent malice, or without. The former is murder, and is the felonious kill through malice prepensed of any person living in this realm under the King's protection. West. part. 2. simbol: tit. Inditment. sect: 37. etc. usque ad 51. where you may see divers subdivisions of this matter. See also Glanuile. lib 14. cap: 3. Bract. l: 3. troth: 2. c. 4. 15. & 17. Brit. c. 5. 6. 7. See Murder. Man's slaughter & Chance medley.  
Homesoken, aliâs Hamsoken (Hamsoca) is compounded of (Ham. i habitatio) and (Soken. i. quaerere). It is by Bracton. lib. 3. tract: 2. c: 23. thus defined. Homesoken dicitur invasio domus contra pacem Domini Regis. It appeareth by Rastall in the title. Exposition of of words: that in ancient times some men had an immunity to do this: for he defineth Homesoken to be an immunity from amercements for entering into houses violently, and without licence. which thing seemeth so unreasonable, that me thinketh he should be deceived in that his exposition. I would rather think it should be a liberty, or power granted by the king to some common person, for the cognisance or punishment of such a transgression. for so I have seen it interpreted in an old note that I have given me by a friend, which he had of an expert man toward the Exchequer, but of what authority I know not. See Hamsoken.  
Hondhabend, is compounded of two Saxon words (Hond. i. hand, and habend. i. having) and signifieth a circumstance of manifest theft, when one is deprehended with the thing stolen in his hand. Bracton. lib. 3. tract. 2. ca 31. & 54. who also use the (handberend) for the same, eodem cap. 8.  
Honour (honour) is, beside the general signification, used specially for the more noble sort of seigneuries: whereof other inferior Lordships, or manners do depend by performance of customs and services, some or other, to those that are Lords of them. And I have reason to think that none are honours originally, but such as are belonging to the King. How be it they may afterward be bestowed in fee upon other nobles. The manner of creating these honours may in part be gathered out of the statutes anno 31. H. 8. cap. 5. where Hampton court is made an honour. and anno 33. eiusdem. cap. 37. & 38. whereby Amptill and Grafton be likewise made honours. and anno 37. eiusdem ca 18. whereby the King hath power given by his letters patents, to erect four several honours. Of Westminster, of Kingston upon Hull, Saint Osithes in Essex, and Dodington in Berkshire. This word is also used in the self same signification in other nations. See ca licet causam. extra de probationibus. and Minsinger upon it. nu. 4. In reading I have observed thus many honours in England: The honour of Aquila. Camden. Britan. pag. 231. of Clare. pag. 351. of Lancaster. pag. 581. of Tickhill. pag. 531. of Wallingford, Nottingham, Boloine. Magna charta. cap: 31. of West Greenewish, Camd: pag. 239. of Bedford. pupil. oculi. part. 5. cap. 22. of Barhimsted. Brooke, titulo Tenure. nu. 16. of Hwittam. Camd pag. 333. of Plimpton. Cromptons' Iurisd. fol. 115. of Crevecure, and Hagenet Febert. anno 32. H. 8. cap. 48. of East Greenewish. of Windsour in Berk shire, and of Bealew in Essex. anno 37. H. 8. ca 18. of Peverell in the county of Lincoln. Register orig. fol. 1.  
Horngeld, is compounded of Horn and Gildan or Gelder. i. solvere. It signifieth a tax within the forest to be paid for horned beasts. Cromptons' Iurisd. fol. 197. And to be free thereof, is a privilege granted by the king unto such as he thinketh good. Idem, ibidem. and Rastall in his exposition of words.  
Horse de sonfee, is an exception to avoid an action brought for rent, issuing out of certain land by him that pretendeth to be the Lord, or for some customs and services. for if he can justify that the land is without the compass of his fee, the action falleth. v. Brooke. hoc titulo.  
hospitalers (Hospitalarii) were certain knights of an order, so called, because they had the care of hospitals, wherein Pilgrims were received to these Pope Clement the fifth transferred the Templars, which order, by a council held at Vienna in France, he suppressed for their many and great offences, as he pretended. These hospitalers be now the knights of Saint john of Malta. Cassan: gloria mundi. part. 9 considerate. 5. This constitution was also obeyed in Ed. the 2. time here in England, and confirmed by Parliament. Tho. Walsing ham. in historia Ed. 2. Stawes' annals. ibidem. These are mentioned anno 13. Ed. 1. ca 43. & anno 9 H. 3. ca 37.  
Hostelers (Hostellarius) cometh of the french (Hosteler. i. Hospes) and signifieth with us, those that otherwise we call innkeepers, an. 9 Ed. 3. stat. 2. c. 11.  
Hotchepot (in partem positio) is a word that cometh out of the lowecountries, where (Hutspot) signifieth flesh cut into pretty pieces, and sodden with herbs or roots, not unlike that which the Romans called farraginem. Festus. Litleton saith that literally it signifieth a pudding mixed of divers ingredients: but metaphorically a commxtion or putting together of lands, for the equal division of them being so put together. Examples you have divers in him. fo. 55. and see Briton, fol: 119. There is in the Civil law collatio bonorum answerable unto it, whereby if a child advanced by the father in his life time, do after his father decease, challenge a child's part with the rest, he must cast in all that formerly he had received, and then take out an equal share with the others. De collatio: bonorum. Π. lib: 37. titulo. 6.  
Housebote, is compounded of House, and Bote. i. compensatio. It signifieth estovers out of the Lords wo●de to uphold a tenement or house.  
Houserobbing, is the robbing of a man in some part of his house, or his booth, or tent in any fair or market, and the owner, or his wife, children, or servants, being within the same. for this is felony by anno. 23. H: 8. cap. i and anno. 3. Ed. 6. cap 9 yea, now it is felony though none be within the house. anno. 39 Eliz: ca 15. See Burglary. see West. part. 2. sym. tit. Inditements, sect: 67.  
Hudegeld, significat quiet antiam transgressionis illatae in servum transgredientem. Fleta lib. i ca: 47. Quare whether it should not be Hindegeld.  
Hue, and Cry (Hutesium & Clamour) come of 2. french words: (Huier) and (Crier) both signifying to shout or cry a loud. M. Manwood, part. 2. of his forest laws. ca: 19 nu. 11. saith, that Hue is latin, meaning belike the Interjection: but under reformation, I think he is deceived; this signifieth a pursuit of one having committed felony by the high way, for if the party robbed, or any in the company of one murdered or robbed, come to the Constable of the next town, and will him to raise Hue and Cry, or to make pursuit after the offender, describing the party, and showing as near as he can, which way he is gone: the Constable ought forthwith to call upon the parish for aid in seeking the fellow: and if he be not found there, then to give the next Constable warning, and he the next, until the offender be apprehended, or at the least, until he be thus pursued to the sea side. Of this read Bracton. lib: 3. tracta: 2. ca 5. Smith de Repub: Anglo: lib: 2. cap: 20. and the statute anno. 13. Ed. 1. statute of Winchest. c. 3. &. a. 28. Ed: 3. c: 11. & anno. 27. El: c: 13. The Normans had such a pursuit with a Cry after offenders as this is, which they called Haro: whereof you may read the Grand customary, cap. 54. Some call it Harol: the reason whereof they give to be this, that there was a Duke of Normandy called Rol, a man of great justice and seruerity against grievous offenders: and that thereupon when they follow any in this pursuit, they cry Harol, as if they should say, Ah Rol where art thou that wert wont to redress this, or what wouldst thou do against these wretches, if thou now wert living. But in truth I think it cometh, from Harier. 〈◊〉 flagitare, inquiet are, urgere. Hue is used alone. anno 4. Ed. pri. Stat. 2. This the Scots call Huesium and M. Skene de verbo. signif. verb. Huesium, saith, that it cometh of the french Oye●. i. Audite. making one etymology of this and the cry used before a proclamation, The manner of their hue and cry, as he there describeth it, is that if a robbery be done, a horn is blown, and an out cry made: after which, if the party fly away, and not yield himself to the King's Bailiff, he may be lawfully slain, and hanged up upon the next gallows. Of this Hue and cry, see Cromptons' justice of peace. fol. 160. b.  
Huissers. See Ushers.  
Hundred (Hundredum) is a part of a shire, so called originally, because it contained ten tithings called in latin Decennas. These were first ordained by king Alfred the 29. king of the West Saxons. Stows Annals pag. 105. of these thus speaketh M. Lamb. in his explica. of Saxon words. verbo, Centurial Aluredus rex, ubi cum Guthruno Daca foedus inierat, prudentissimum illud ●lim a Ietr●● Moysi datum secutus consilium, Angliamprimus in satrapias, Centurias, & Decurias, partitus est. Satrapiam, shire a shyran (quoth parti● significat) nominavit: Centuriam, Hundred: & Decurian, Toothing siue Tienmantale. i. Decemvirale collegium appellavit: atque iisdem nominibus vel hody vocantur, etc. And again afterward: Decrevit tum porro Aluredus liberae ut condicionis quisque in Centuriam ascriberitur aliquam, atque in Decemviralt aliquod coniiceretur collegium. De minoribus negotiis Decurionet ut tudicarent: ac si●quae esset re● difficilior, ad Centuriam deferrent: diffi●illimas denique & maximi mo●●enti lights, Senator & praepositus in frequenti illo ex omni satrapia conventu componerent. Modus autem judicandi quis fuerit, Ethelredus Rex, legum, quas frequenti apud Vanatingum senatu sancivit, capite 4. hiis fere verbis exponit. In singulis centuriis comitia sunto, atque liberae condicionis viri duodeni, aetate superiores, unà cum praeposito, sacra tenentes iur anto, se adeo virum aliquem innocent 'em haud damnaturos sortemve absoluturos. This form of dividing counties into Hundreds for better government, howsoever it is attributed to King Alfred here with us: yet he had it from Germany, whence he and his came hither. For there centa or centena is a jurisdiction over a hundred towns, and containeth the punishment of capital crimes. Andraeas' kitchen. in his tractate, de sublimi & regio territorii iure. ca 4. pa. 123. where he also showeth out of Tacitus, de situ & moribus Germa. that this diviuision was usual amongst the Germans before his days. By this you understand the original and old use of Hundreds, which hold still in name, and remain in some sort of combination, for their several services in divers respects, but their jurisdiction is abolished, and grown to the county court, some few excepted, which have been by privilege annexed to the crown, or granted unto some great subject, and so remain still in the nature of a Fraunchise. And this hath been ever since the stat. anno 14. Ed. 3. stat. 1. ca 9 whereby these Hundred courts formerly fermed out by the shreeve to other men, were reduced all, or the most part, to to the county court, and so have and do remain at this present. So that where you read now of any hundred courts, you must know, that they be several franchises, wherein the shreeve hath not to deal by his ordinary authority, except they of the Hundred refuse to do their office. See West. part. 1. symbol. lib. 2. sect. 288. See. Turn. The new expounder of law terms saith, that the latin Hundredum is sometime used for an immunity or privilege, whereby a man is quit of money or customs due to the governors, or Hundreders.  
Hundreders (Hundredarii) be men empaneled or fit to be empaneled of a jury upon any controversy, dwelling within the Hundred where the land lieth, which is in question, Cromptons' Iurisdict. fol. 217. & anno 35. Henrici 8. cap. 6. It signifieth also him that hath the jurisdiction of a hundred, and holdeth the hundred court. anno. 13. Ed. pri. ca 38. anno. 9 Ed. 2. stat. 2. & anno 2. Ed. 3. ca 4. and sometime is used for the Bailiff of an hundred. Hornin his mirror of justices, li. 1. ca del office del coroner.  
Hundredlaghe, signifieth the Hundred court, from the which all the officers of the King's forest were freed by the charter of Canutus. ca 9 Manwood. part. 1. pag. 2.  
Huors, See Conders.  
Huseans, cometh of the French (houseaux) i. ocrea, aboote. It is used in the Statute anno. 4. Ed. 4. ca 7.  
Hustings (Hustingum) may seem to come from the French (Haulser. i. tollere, attollere, suberigere) for it signifieth the principal and highest court in London. anno 11. H. 7. ca 21. & Fitzh. nat. br. fol. 23. See anno. 9 Ed. pri. ca unico. Other Cities and towns also have had a court of the same name, as Winchester, Lincoln, York, and Sheppey, and others, where the Barons or Citizens have a record of such things as are determinable before them. Fleta. libro 2. cap. 55.  
Husfastene, is he that holdeth house and land, Bracton lib. 3. tractat. 2. ca 10. His words be these, Et in franco plegio esse debet omnis, qui terram tenet & domum, qui dicuntur Husfastene, & etiam alii qui illis deserviunt, qui dicuntur Folgheres, etc.   

I A  
I Arrock: anno 1 Rt. 3. ca 8. is a kind of cork so called.  
Identitate nominis, is a writ that lieth for him who is upon a Capias or Exigent, taken and committed to prison for another man of the same name: whereof see the form and farther use, in Fitzh. nat. br. fol. 267. see the Register original, fol. 194.  
Idiot, and he that afterward becometh of insane memory, differeth in divers cases, Coke. fol. 154. b. lib. 4. See here following Idiota inquirenda.  
Idiota inquirenda vel ex aminanda, is a writ that is directed to the excheatour or the shreeve of any county, where the king hath understanding that there is an Idiot, naturally borne so weak of understanding, that he cannot govern or manage his inheritance, to call before him the partysuspected of Idiocie, & examine him: And also to inquire by the oaths of twelve men, whether he be sufficiently witted to dispose of his own lands with discretion or not, and to certify accordingly into the Chancery: For the king hath the protection of his subjects, & by his prerogative the government of their lands and substance, that are naturally defective in their own discretion: statut. de praerogativa Regis editum anno 17. Ed. 2. cap. 8. whereof read Stawnf. praerog. cap. 9 and of this writ, read Fitzh. nat. br. fol. 232. see the register orig. fol. 267.  
jetzon se Flotzon.  
jeofaile, is compounded of 3. french words, I ay faille: i ego lapsus sum: & signifieth in our common law, an oversight in pleading, touching the which you have a statute anno 32. H. 8. cap. 30. whereby it is enacted, that if the jury have once passed upon the issue, though afterward there be found a jeofaile in the pleading, yet judgement shall likewise be given according to the verdict of the Iury. See Brook, tit. Rrepleder: the author of the new terms of law saith, that a jeofaile is when the parties to any suit, have in pleading proceeded so far, that they have joined issue, which shallbe tried or is tried by a jury or inquest: and this pleading or issue is so badly pleaded or joined, that it will be error if they proceed: then some of the said parties may by their council show it to the court, as well after verdict given and before judgement, as before the jury be charged: the showing of which defects before the jury charged, was often when the jury came into the court to try the issue, than the council which will show it, shall say: this inquest you ought not to take, and if it be after verdict, than he may say: to judgement you ought not to go: and because of this many delays grew in suits, divers statutes are made to redress them: viz. 32. H. 8. c. 30. & others in Q. Elizabethes' days, and yet the fault little amended.  
Ignoramus, is a word properly used by the grand inquest empaneled in the inquisition of causes criminal and public: and written upon the bill, whereby any crime is offered to their consideration, when as they mislike their evidence, as defective or to weak to make good the presentment. The effect of which word so written is, that all farther inquiry upon that party for that fault, is thereby stopped, and he delivered without farther answer. It hath a resemblance with that custom of the ancient Romans: where the judges, when they absolved a person accused, did wright A. upon a little table provided for that purpose. i. Absoluimus: if they judged him guilty, they writ C. id est. Condemnamus: if they found the cause difficult and doubtful, they writ. N. L. id est. Non liquet. Asconius Pedianus in oratio. pro Milone. Alexander ab Alexandro. Genial. dierum, li. 3. ca 14.  
Ikenildstreate, is one of the four famous ways that the Romans made in England, taking the beginning ab Icenis, which were they that inhabited Northf. Southf. and Cambridg shire, Camd. Britan. fol. 343. See Watlingstreat.  
Imparlance (interlocutio vel interloquela) is a petition made In court upon the count of the Demanndant by the tenant, or declaration of the plaintiff, by the defendant, whereby he craveth respite, or an other day to put in his answer, See Brook, titulo Continuaence: See Dies datus: Imparlaunce seemeth to be general or special: special imparlaunce is with this clause saluis omnibus advantagiis tam ad jurisdictionem curiae, quam breve & narrationem. Kitchen: fol. 200. Then general in reason must be that, which is made at large without inserting that or the like clause. See Emperlaunce  
Impeachment of Waste, (impetitio vasti) cometh of the french (empeschement. i. impedimentum) and signifieth with us, a restraint from committing of waste upon lands or tenements: See Waste.  
Implements, cometh of the french (emploier, i. insumere in re aliqua) it signifieth with us, things tending to the necessary use of any trade or furniture of household.  
Impost, is a french word signifying tribute, coming of the verb (imposer) ay: iniungere, irrogare, it signifieth with us, the tax received by the prince for such merchandise, as are brought into any heaven from other nations: anno. 31. Elizabeth. cap: 5. and I think it may in some sort be distinguished from customs, because custom is rather that profit, which the prince maketh of wares shipped out of the land: yet may they be confounded:  
Improvement, See Approve.  
In casu consimili. is a Writ: See casu consimili.  
In casu proviso: is a Writ: See casu proviso.  
Incident (incidens) signifieth a thing necessarily depending upon another as more principal: for example, a court Baron is so incident to a manner, and a court of piepowders to a fair, that they cannot be severed by grant: for if a manner or fair be granted, these coutts cannot be reserved. kitchen. fol: 36.  
encroach (incrociare) See encroachments. Admirals, and their deputies do encroach to themselves jurisdictions, &c: anno. 15. Rich: 2. ca: 3.  
Indenture (indentura) is a writing comprising some contract between two, and being indented in the top aunswerably to another, that likewise containeth the same contract: this the Latins called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which among the civilians, is defined to be scriptura inter creditorem & debitorem indentata, in cuius sciscura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scribitur. and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quia hoc manu unius tantùm, puta debitoris scribitur, & penes debitorem relinquitur pruinc. consttut. de office: archidiaco: cap: pri: verbo In scriptis. vid. Gothosr: in notis ad l. 27 §. 3. Π. ad leg. Corn. de fals.  
Indicavit, is a writ or prohibition that lieth for a patron of a church, whose Clerk is defendant in court Christian, in an action of tithes commenced by another clerk, and extending to the fourth part of the church, or of the tithes belonging unto it. for in this case, the suit belongeth to the king's court, by the statute Westm: 2: cap: 5. wherefore the patron of the defendant, being like to be prejudiced in his church and advowzen, if the plaintiff obtain in the court Christian, hath this means to remove it to the king's court; the Register original fol. 35. b. see old. nat: br. fol. 31. & the register fol: 35. and Britton. cap: 109. fol. ●60. A.  
Indictment (Indictamentum) see indightment.  
Indivisum, is used in the common law, for that which two hold in common without partition. kitchen. fol. 241. in these words: he holdeth pro indiviso, etc.:  
Endorsement (indorsamentum, signifieth in the common law, a condition written upon the other side of an obligation: West: part: 2. simbol: sect: 157.  
Infang, alias infeng, significat quietantiam prioris prisae ratione convivij, Fleta l: i. cap: 47.  
Infangthef, or Hinfangthefe, or Infangtheof, is compounded of 3. Saxon words: the preposition (In) (fang or fong) to take or catch, & (thief) it signifieth a privilege or liberty granted unto Lords of certain manners, to judge any theeife taken within there fee. Bracton. lib. 3. tracta. 2. cap. 8. In the laws of King Edward, set out by M. Lambard: nu. 26: you have it thus described: Infangthefe, justitia cognoscentis latronis sua est, de homine suo, si captus fuerit super terram suam: Illiverò qui non habent has consuetudines, coram insticia regia rectum faciant in Hundredis, vel in Wapentachiis, vel in Scyris: The definition of this see also in Britton: fol: 90. b. and Roger Hoveden. part poster. svorum annalium. fol. 345. b. & M. Skene de verborum significatione, verbo Infangthefe, who writeth of it at large, reciting diversity of opinions touching this and outfangthefe: Fleta saith that (infangtheef) for so he writeth it, dicitur latro captus in terra alicuius seisitus aliquo latrocinio de suis propriis hominibus. libro 1. cap: 47: § Infangtheefe.  
Information, See inditement: See the new terms of law.  
Informer (informator) in french (informateur) is an officer belonging to the exchequer or king's bench, that denounceth or complaineth of those that offend against any penal statute. They are otherwise called promoters, but the men being bashful of nature, do blush at this name: these among the Civilians are called delatores.  
Informatus non sum, is a formal answer or of course made by an attorney, that is commanded by the court to say what he thinketh good in the defence of his client, by the which he is deemed to leave his client undefended, and so judgement paseth for the adverse party. See the new book of Entries. titulo Non sum informatus. and judgement 12.  
Ingressu, is a writ of entry, that is, whereby a man seeketh entry into lands or tenements; it lieth in many divers cases wherit hath as many diversities of forms. See Entry: this writ is also called in the particular, praecipe quod reddat: because those be formal words in all writs of entry. The writs as they lie in divers cases, are these described in the old natura breu: Ingressu ad terminum qui praetertit, fol. 121. original Regist. sol. 227. which lieth where lands or tenements are let to a man for term of years, and the tenant holdeth over his term: Ingressu dum non fuit compos mentis. fol. 223. original: regist: fol. 228. which lieth where a man selleth land or tenement when he is out of his wits, etc. Ingressu dum fuit infra aetatem, fol. 123. Register original fol. 228. which lieth where one under age selleth his lands, etc. Ingressu super deseisina in le quibus fol. 125. Regist. orig. fol. 229. which lieth where a man is disseised and dieth, for his heir against the disseisour. Ingressu in per fol. 126. original register fol. 229. Ingressu sur cui in vita, fol. 128. original Register fo. 239. both which see in Enrry: Ingressu cause matrimonii praelocuti. fol. 130. original register fol. 233: which see causa matrimonii praelocuti. Ingressu in casu proviso, f. 132. Register original. fo. 235. which see casu pro viso. Ingressu cui ante divortium. fol. 130. original register fol. 233. for which see, cui ante divorium. Ingressu in consimili casu, fol. 233. original Register fol. 236. for which see Confimili casu. Ingressu sine consensu capituli, fol. 128. original register, fol. 230: for which see Sine assensu capituli. Ingressu ad communem legem. fol. 132. original register, fol. 234. which lieth, where the tenant for term of life or of another's life, tenant by courtesy, or tenant in Dower maketh a feoffment in fee, & dieth; he in the reversion shall have the foresaid writagainst whomsoever that is in the land, after such feoffment made.  
Engrossing of a fine, is making the indentures by the chirographer, and the delivery of them to the party unto whom the cognisance is made. Fitzh. nat. br. fol. 147. A.  
Engrosser (ingrossator) cometh of the frence Grosseur: i crassiiudo. or Grosier. i. Solidarius venditor, it signifieth in the common law, one that buyeth corn growing, or dead victual, to sell again, except barley for malt, oats for oatmeal, or victuals to retail, badging by licence, and buying of oils, spices, and victuals, other than fish or salt. anno. 5. Edward: 6. cap: 14. anno. 5. Elizab: cap: 14. anno. 13. Elizab. cap: 25. these be M. west's. words, part. 2. simbol: titulo Inditements: sect. 64. howbeit this definition rather doth belong to unlawful engrossing, then to the word in general. see Forstaller.  
Inheritance (hareditas) is a perpetuity in lands or tenements to a man and his heirs. For Litleton cap: i. lib: ay: hath these words: and it is to be understand, that this word (inheritance) is not only understand, where a man hath inheritance of lands and tenements by descent of heritage, but also every fee simple or fee tail that a man hath by his purchase, may be said inheritance: for that, that his heirs may inherit him: Several inheritance is that, which two or more hold severally, as if two men have land given them to them and the heirs of their two bodies, these have joint estate during their lives, but their heirs have several inheritance. kitchen. fol: 155. See the new terms of law. verbo Inheritance:  
Inhibition (Inhibitio) is a writ to inhibit or forbid a judge from farther proceeding in the cause depending before him: See Fitzh: nat: br: fol: 39 where he putteth prohibition and inhibition together: inhibition is most commonly a writ issuing out of a higher court Christian to a lower and inferior, upon an Appeal. anno. 24. H. 8. cap: 12. and prohibition out of the king's court to a court Christian, or to an inferior temporal court.  
Injunction (iniunctio) is an interlocutory decree out of the Chancery, sometimes to give possession unto the plaintiff, for want of appearance in the defendant, sometime to the King's ordinary court, and sometime to the court Christian, to stay proceeding in a cause upon suggestion made, that the regour of the law, if it take place, is against equity and conscience in that Case. see West: part. 2. simb: titulo Proceeding in Chancery sect: 25.  
Inlawgh (Inlagatus) vel homo sub lege) signifieth him that is in some frank pledge, of whom take Bractons' words, l. 3. tracta: 2. cap. H. nu. 5. Minor verò, & qui infra aetatem duodecim annorum fuerit, utlagari non potest nec extra legem poni: quia ante talem aetatem non est sub lege aliqua, nec in decenna, non magis quam foemina. quae utlagari non potest quia ipsa non est sub lege. i. Inlowghe anglicè: sc: in franco plegio sive decenna sicut masculus duodecim annorum & ulteriuns, etc. Inlaughe, significat hominem subiectum leg i, Fleta li. i cap. 47.  
Inlagary (Inlagatio) is a restitution of one outlawed, to the king's protection, and to the benefit or estate of a subject. Bracton: lib. 3 tracta: 2 cap. 14. nu. 6. 7. 8. Britton cap: 13.  
Inmates, are those that be admitted to dwell for their money jointly with another man, though in several rooms of his mansion house, passing in and out by one door, and not being able to maintain themselves, which are inquiralle in a leete. kitchen. fol: 45 where you may read him at large who be properly Inmates in intendment of law, and who not.  
Imprison, anno 18 Ed: 3 statu: 4: cap. unico. seemeth to signify so much as an attempt, coming of the french empris) which is all one with (enterpris) an enterprise.  
Inquirendo, is an authority given to a person or persons, to inquire into some thing for the king's advantage, which in what cases it lieth, see the Register original, fol. 72. 85. 124. 265. 266. 179. 267.  
Inquisition (Inquisitio) is a manner of proceeding in matters criminal, by the office of the judge, which Hostiensis defineth thus: Inquisitio nihil aliud est quam alicuius criminis manifesti ex bono & aquo judicis compeientis canonicè facta investigatio, ca qualiter. de accusatio. In the Decretales: this course we take here in England by the great inquest before justices in Eyre: See Eyre. and the places in Bracton and Britton there noted; Inquisition is also with us, used for the King in temporal causes and profits, in which kind it is confounded with Office: Stawnf praerog. fo. 51. See Office.  
Enrolment (Irrotulatio) is the registering, recording or entering of any lawful act in the rowles of the chancery, as recognizance acknowledged, or a statute or a fine levied. See West. part 2. symbol. titulo Fines. sect. 133.  
Insimul tenuit, is one species of the writ called a Formdon. See Formdon.  
Intakers, be a kind of thieves in Ridesdall. anno. 9 H. 5. ca 8. so called, as it seemeth, because they dwelling within that liberty, did receive in such booties of cattles or other things as the out parters brought in unto them. See Out parters.  
Interdiction (Interdictio) is used in the common law, in the same signification that it hath in the canon law, where it is thus defined: interdictio est censura ecclesiastica prohibens administrationem divinorum: c. quod in te: de penitent: & remiss. in the Decretals: and thus is it used. anno. 24. H. 8. cap. 12.  
Interpleder, See Enterpleder.  
Intrusion (Intrusio) by Bracton lib. 4. cap. 2. is thus defined. Intrusio est, ubi quis (cui nullum ius competit in re nec scintilla juris, possessionem vacuam ingreditur, quae nec corpore nec animo possidetur, sicut haereditatem iacentem antequam adita fuerit ab harede, vel saltem a domino capitals ratione, custodiae, vel ratione eschaeta si forte heredes non existant, vel si post mortem alicuius per finem factum, vel per modum donationis, ubi successio sibi locum vendicare non possit, vel si post mortem alicuius qui tenuit ad vitam, debeat tenementum reverti ad proprietarium, ponat quis se in seisinam antequam tenementum illud veniat ad illum ad quem pertinere deberet ex praedictis causis, with whom agreeth Fleta, lib. 4. cap. 30. §. 1. & 2. See Britton cap. 65. to the same effect. See the new book of Entries. verbo Entrusion. See Entrusion. See disseisin: the author of new Terms of law would have intrusion especially after the tenant for life is deceased. verbo, Abatement. and abatement in all other cases: But I find not any latin word for abatement but intrusio, so that I rather think these 2. english words to be synonyma: and Fleta cap. suprà citato, seemeth direct against this his opinion.  
Intrusione, is a writ that lieth against the intruder: Register: fol. 233.  
inventary (inventarium) is a description or repertory orderly made of all dead men's goods and cattles prized by four credible men or more, which every executor or administrator ought to exhibit to the Ordinary, at such times as he shall appoint the same. West. part prim: Simb: lib: 2. sect: 696. where likewise you may see the form: This Inventory proceedeth from the civil law; for whereas by the ancient law of the Romans, the heir was tied to answer all the testators debts, by which means heritage's were prejudicial to many men and not profitable: justinian to encourage men the better to take upon them this charitable office, ordained, that if the heir would first make and exhibit a true Inventory of all the testatours substance coming to his hand, he should be no further charged, then to the value of the inventary: l. ult. Cod. de Iure de liberando.  
Invest (Inuestire) cometh of the french word (Inuester) and signifieth to give possession. He are Hotoman de verbis fendalibus, verbo Inuestitura: Inuestitura barbarum nomen, barbaricam quoque rationem habet. Nam ut ait Feudista, lib. 2. titulo. 2. Inuestitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino; with us we use likewise to admit the tenants by delivering them a verge or rod into their hands, and ministering them an oath, which is called Investing: others define it thus: Inuestitura, est alicuius in suumius introductio.  
enure, signifieth to take effect: as the pardon inureth: Stawnf: praerog: fol. 40. See Enure.  
joynder, is the coupling of two in a suit or action against another: Fitzh. nat. br. fol. 118. H. 20●. H. 221. & H. in many other places, as appear in the Index. verbo joynder.  
joint tenants (simul tenentes) liber intrationum, titulo Formdon in vieu. 3. be those that come to and hold lands or tenements by one title pro indiviso, or without partition. Litleton lib. 3. cap. 3. and terms of law: See Tenants in common.  
joining of issue (junctio exitus) See Issue.  
jointure (junctura) is a covenant, whereby the husband or some other friend in his behalf assureth unto his wife, in respect of marriage, lands or tenements for term of her life, or otherwise, See West: part: 2. Symbol. lib. 2. titulo Covenants. sect. 128. and the new exposition of the law terms: it seemeth to be called a jointure, either because it is granted ratione iuncturae in matrimonio, or because the land in frank marriage, is given jointly to the husband and the wife, and after to the heirs of their bodies, whereby the husband and wife be made joint tenants during the coverture. Coke li. 3. Butler & Baker's case. f. 27. b. See franckmariage. jointure, is also used as the abstract of joint tenants. Coke lib. 3. the Marquis of Winchester's case. fol. 3. a. b. junctura, is also by Bracton and Fleta used for joining of one bargain to another. Fleta lib. 2. ca 60. touching the self same thing: and therefore jointure in the first signification, may be so called, in respect that it is a bargain of livelihood for the wife: adjoined to the contract of marriage.  
Iourn Choppers, anno 8. Hen. 6. cap. 5. be regraters of yarn. Whether that we now call (yarn) were in those days called (iourn) I cannot say: but (choppers) in these days are well known to be changers. as choppers of churches, etc.  
journeyman, cometh of the French (journee) that is a day or days work. which argueth that they were called journeymen, that wrought with others by the day, though now by statute it be extended to those likewise, that covenant to work in their occupation with another by the year. anno quinto Elizabeth. cap. quarto.  
Issue (Exitus) cometh of the French (Issir: i emanare) or the substantive (Issue: i exitus, eventus) It hat divers applications in the common law: sometime being used for the children begotten between a man and his wife: sometime for profits growing from an amercement or fine, or expenses of suit: sometime for profits of lands or tenements: West: 2. anno. 13. Edw. prim. cap. 39 sometime for that point of matter depending in suit, whereupon the parties join and put their cause to the trial of the jury: and in all these it hath but one signification, which is an effect of a cause proceeding. as the children be the effect of the marriage between the parents: the profits growing to the king or Lord from the punishment of any man's offence, is the effect of his transgression: the point referred to the trial of twelve men is the effect of pleading or process. Issue, in this last signification, is either general or special: General issue seemeth to be that, whereby it is referred to the jury to bring in their verdict, whether the defendant have done any such thing, as the plaintiff layeth to his charge. For example: if it be an offence against any statute, and the defendant plead: not culpable: this being put to the jury, is called the general issue: and if a man complain of a private wrong which the defendant denieth, & plead, no wrong nor disseisin, and this be referred to the 12. it is likewise the general issue. kitchen. fol. 225. See the Doctor and Student, fol. 158. b. the special issue than must be that, where special matter being alleged by the defendant for his defence; both the parties join thereupon, and so grow rath ere to a demurrer, if it be quaestio juris, or to trial by the jury, if it be quaestio facti; see the new book of Entries: verbo, Issue.  
juncture see jointure.  
jure patronatus, See the new book of Entries, verbo jure patronatus in quar● impedit. fol. 465. col. 3.  
jury (jurata) cometh of the french (Iurer: ay jurare.) it signifieth in our common law, a company of men as 24. or 12. Sworn to deliver a truth upon such evidence, as shallbe delivered them touching the matter in question. Of which trial who may and who may not be empaneled, see Fitzh. nat. br. fol. 165. D. And for better understanding of this point, it is to be known, that there be. 3. manner of trials in England: one by Parliament, another by battle, and the third by Assize or jury: Smith de repub. Anglorum. lib: 2. cap: 5. 6. 7. touching the 2. former read him, and see Battle, and Combat, and Parliament: the trial by Assize (be the action civil or criminal, public or private, personal or real) is referred for the fact to a jury, and as they find it, so passeth the judgement. and the great favour that by this the King showeth to his subjects more than the princes of other nations, you may read in Glanuil. lib: 2: cap: 7. where he called it regal beneficium clementis principis de consilio procerum populis indultum, quo vitae hominum, & status integritati tam salubriter consulitur; ut in iure, quod quis in libero soli tenemento possidet, retinendo, duels casum declinare possint homines ambiguum, &c: see the rest. This jury is not used only in circuits of justices errant, but also in other courts and matters of office, as if the Escheatour make inquisition in any thing touching his office, he doth it by a jury or inquest: if the Coroner inquire how a subject found dead, came to his end: he useth an inquest. the justices of peace in their quarter Sessions, the shreeve in his county and Turn, the bailiff of a Hundred, the Steward of a court Leete or court Baron, if they inquire of any offence, or descide any cause between party and party, they do it by the same manner. So that where it is said that all things be triable by Parliament, Battle, or assize; Assize in this place is taken for a jury or inquest, empaneled upon any cause in a court, where this kind of trial is used: and though it be commonly deemed, that this custom of ending and desciding causes proceed from the Saxons and Britons, and was of favour permitted unto us by the Conqueror: yet I find by the grand Customary of Normandy. cap: 24. that this course was used likewise in that country. For Assize is, in that Chapter, defined to be an assembley of wise men, with the bailiff in a place certain at a time assigned 40. days before. whereby justice may be done in causes heard in the court: of this custom also and those Knights of Normandy johannes Faber maketh mention, in the Rubrique of the title de militari testamento, in Institut. this jury, though it appertain to most courts of the common law, yet is it most notorious in the half year courts of the justices errants, commonly called the great assizes, and in the quarter Sessions, and in them it is most ordinarily called a jury. And that in civil causes: whereas in other courts, it is oftener termed an inquest, and in the court Baron the Homage. In the general Assize there are usually many juries, because there be store of causes both civil and criminal commonly to be tried, whereof one is called the Grand jury, and the rest petit juries: whereof it seemeth there should be one for every Hundred, Lamb. Eirenar. l. 4. cap. 3. pa. 384. The Grand jury consisteth ordinarily of 24. grave and substantial gentlemen, or some of them yeomen chosen indifferently out of the whole shire by the shreeve, to consider of all bills of Indictment preferred to the court: which they do either approve, by writing upon them these words, billa vera: or disallow, by writing, Ignoramus: such as they do approve, if they touch life and death, are farther referred to another jury to be considered of, because the case is of such importance: but others of lighter moment, are upon their allowance, without more work fined by the bench, except the party travers the Indictment, or challenge it for insufficiency, or remove the cause to a higher court by certiorarie, in which 2. former cases it is referred to another jury, and in the latter transmitted to the higher. Lamb. Eire. l. 4. c. 7. & presently upon the allowance of this bill by the Grand inquest, a man is said to be indited. Such as they dissalowe, are delivered to the bench, by whom they are forthwith cancilled or torn. The petit jury consisteth of. 12. men at the least, & are Empanelled, as well upon criminal as upon civil causes. those that pass upon offences of life and death, do bring in their verdict either guilty or not guilty, whereupon the prisoner, if he be found guilty, is said to be convicted, and so afterward receiveth his judgement and condemnation: or otherwise is acquitted and set Free: of this read Forts: cap: 27. those that pass upon civil causes reail, are all, or so many as can conveniently be had, of the same hundred, where the land or tenement in question doth lie, and 4. at the least: And they upon due examination bring in their verdict either for the demandant, or Tenent. of this see Fortesc. cap. 25. 26. according unto which, judgement passeth afterward in the court where the cause first began: and the reason hereof is, because these justices of Assize, are in this case, for the ease of the country, only to take the verdict of the jury, by the virtue of the writ called (nisi prius) and so return it to the court where the cause is depending. See (Nisi prius.) join with this the chapter formerly cited out of the custumary of Normandy, and that of King Etheldreds' laws mentioned by Master Lamberd, verbo Centuria. in his explication of Saxon words; and by these two words you shall perceive, that as well among these Normans, as the Saxons, the men of this juty were associates and Assistants to the judges of the court, in a kind of equality; where as now a days they attend them in great humility, and are, as it were, at their command for the service of the court: the words set down by M. Lamberd are these: In singulis centuriis comitia sunto, atque liberae condicionis viri duodeniaetate superiores, unà cum praeposito sacra tenentes, iuranto, se adeo virum aliquem innocentem haud condemnaturos, sontemve absoluturos: to this join also the 69. chapter of the said customary. See inquest. See 12. men. See Lamberds Eurenarch. lib. 4. cap. 3. p. 384.  
juris utrùm, is a writ, that lieth for the incumbent, whose predecessor hath alienated his lands or tenements. the divers uses of which writ, see in Fitzh. nat. br. fol. 48.  
jurisdiction (jurisdictio) is a dignity which a man hath by a power to do justice in causes of complaint made before him. And there be two kinds of jurisdictions, the one that a man hath by reason of his fee, and by virtue thereof doth right in all plaints concerning his see: The other is a jurisdiction given by the prince to a bailiff: this division I have in the Custumary of Normandy, cap. 2. which is not unapt for the practice of our common wealth, for by him whom they call a bailiff, we may understand all that have commission from the prince to give judgement in any cause: The civilians divide jurisdictionem generally understand in imperium & jurisdictionem: and imperium in merum & mixtum. Of which you may read many especial tractates written of them, as a matter of great difficulty and importance.  
Iustes, cometh of the French (joustes. i. decursus) and signifieth with us, contentions between Martial men by spears on horseback, anno 24. H. 8. cap. 13.  
justice (justiciarius) is a French word, and signifieth him, that is deputed by the king, to do right by way of judgement. 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 appeareth by Glan. lib. 2. cap. 6. Roger Hoveden part poster. suorum annalium, fo. 413. a. and divers other places, which appellation we have from the Normans, as appeareth by the grand custumary. cap. 3. and I do the rather note it, because men of this function should hereby consider, that they are or aught to be, not (justi) in their judgements, but in abstract (ips● justicia) how be it I hold it well, if they perform their office in concreto. Another reason why they are called justiciary with us and not judices, is, because they have their authority by deputation, as Delegates to the king, and not iure magistratus; and therefore cannot depute others in their steed, the justice of the Forest only excepted, who hath that liberty, especially given him by the statute anno. 32. H. 8. cap. 35. for the chancellor, Martial, Admiral, and such like are not called justiciarii but judices: of these justices you have divers sorts in England, as you may perceive hear following. The manner of creating these justices, with other appertenences reed in Fortescu. cap. 51.  
justice of the King's bench (justiciarius de Banco regis) is a Lord by his office, and the chief of the rest. wherefore he is also called Capitalis justiciarius Angliae, his office especially is 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, may hems and such like, which you may fee in Bracton, lib. 3. tractat. 2. per totum▪ and in Stawnf. treatise entitled the pleas of the crown, from the first chapter to the 51. of the first Book. But either it was from the beginning, or by time it is come to pass, that he with his assistants, heareth all personal actions, and real also, if they be incident to any personal action depending before them: See Cromptons' juridict. fol. 67. etc. of this court Bracton lib. 3. cap. 7. nu. 2. saith thus: placita verò civilia in rem & personam in Curia Domini Regis terminanda, coram diversis iusticiarus terminantur: Habet enim plures curias in quibus diversae actiones terminantur; & illarum curiarum habet unam propriam, sicut aulam regiam, & iusticiarios capitales qui proprias causas Regis terminant, & aliorum omnium per querelam vel per privilegium sive libertatam; ut si sit aliquis qui implacitari non debeat, nisi coram Domino rege. This justice (as it seemeth) hath no patent under the broad seal. For so Crompton saith ubi supra. He is made only by writ, which is a short one to this effect. Regina johanni Popham militi salutem. Sciatis quod consistuimus vos justiciarium nostrum capitalem, ad placita coram nobis terminandum, durant beneplacito nostro, Teste, etc. And Bracton in the place now recited, speaking of the common pleas, saith, that sine warranto inrisdictionem non habet, which (I think) is to be understood of a commission under the great Seal. This court was first called the king's bench, because the King sat as judge in it in his proper Person, and it was movable with the court. See anno 9 H. 3. cap. 11. more of the jurisdiction of this court see in Crompton ubi supra. See King's bench. The oath of the justices see in the statute. anno 18. Ed. 3. stat. 4. See Oath.  
justice of common pleas (justiciarius communium placitorum) is also a Lord by his office, and is called (Dominus justiciarius communium placitorum) and he with his assistants originally did hear and determine all causes at the common law, that is, all civil causes between common persons, as well personal as real, for which cause it was called the court of common pleas, in opposition to the pleas of the Crown or the King's pleas, which are special and appertaining to him only. Of this, and the juridisdiction hereof, see Cromptons' jurisdiction. fo. 91. This Court was always settled in a place, as appear by the statute anno 9 H. 3. cap. 11. The oath of this justice and his associates, see anno 18. Ed. 3. stat. 4. See Oath.  
justice of the Forest (justiciarius Forestae) is also a Lord by his office, and hath the hearing and determining of all offences, within the King's forest, committed against Venison or Vert, of these there be two, whereof the one hath jurisdiction overall the forest, on this side Trent: the other of all beyond. the chiefest point of their jurisdiction, consisteth upon the articles of the King's Charter, called Charta de Foresta, made anno 9 H. 3. which was by the Barons hardly drawn from him, to the mitigation of over cruel ordinances made by his predecessors. Read M. Camden's Britan. Pag. 214. See Protoforestarius. The Court where this justice sitteth and determineth, is called the justice seat of the Forest, held every three years once, whereof you may read your fill in M. Manwoodes first part of Forest laws. pag. 121. & 154. & pag. 76. He is sometimes called justice in Eyre of the forest. See the reason in justice in Eyre. This is the only justice that may appoint a deputy per statutum anno 32. H. 8. cap. 35.  
justices of Assize (justiciarii ad capiendas Assisas) are such as were wont by special commission to be sent (as occasion was offered) into this or that county to take Assizes; the ground of which polity, was the ease of the subjects: For whereas these actions pass alway by jury, so many men might not without great hindrance be brought to London, and therefore justices for this purpose were by commission particularly authorised, and sent down to them. And it may seem that the justices of the common pleas had no power to deal in this kind of business, until the statute made anno 8. Rich. 2. cap. 2. for by that they are enabled to take Assizes, and to deliver Gaols. And the justices of the king's Bench have by that statute such power affirmed unto them, as they had one hundred years before that: Time hath taught by experience, that the better sort of Lawyers being fittest both to judge and plead, may hardly be spared in term time to ride into the country about such business: and therefore of later years it is come to pass, that these commissions (ad ●apiedas Assisas) are driven to these two times in the year out of term, when the justices and other may beat leisure for these controversies also: whereupon it is also fallen out, that the matters wont to be heard by more general Commissions of justices in Eyre, are heard all at one time with these Assizes: which was not so of old, as appeareth by Bracton, lib. 3. c. 7. nu. 2. Habet etiam justiciarios itinerantes de comitatu in Comitatum, quandoque ad omnia placita, quandoque ad quaedam specialia, sicut Assisas etc. & ad Gaolas deliberandas, quandoque ad unicam vel duas, & non plures. And by this means the justices of both benches, being justly to be accounted the fittest of all others, and others their assistants, as also the Sergeants at law may be employed in these affairs, who as gravest in years, so are they ripest in judgement, and therefore likest to be void of prociality, for being called to this dignity, they give over practise anno 8. R. 2. cap. 3. but this alway to be remembered, that neither justice of either bench, nor any other, may be justice of Assize in his own country, anno 8. Rich. 2. cap. 2. & anno 33. H. 8. cap. 24. lastly, note that in these days, though the self same men dispatch business of so divers natures, and all at one time, which were wont to be performed by divers, and at several times, yet they do it by several commissions. Cromptons' jurisdictions. fo. 210. For those who be in one word called justices of circuit, and twice every year pass, by two and two, through all England, have one commission to take Assizes; another to deliver Goals, another of oyer and terminer. That justices of Assize, and justices in Eyre did anciently differ, it appeareth an. 27. Ed. 3. cap. 5. and that justices of Assize, & justices of goal delivery were diverse, it is evident by anno 4. Fd. 3. cap. 3. The oath taken by justices of assize, is all one with the oath taken by the justices of the king's bench. Old abridgement of statutes. titulo Sacramentum justiciariorum. See Oath.  
justices of oyer and terminer, justiciarii ad audiendum & terminandum) were justices deputed upon some especial or extraordinary occasion, to hear and determine some or more causes. Fitzherberd in his natura beruium saith, that the commission d' oyer and terminer, is directed to certain persons upon any great assembly, insurrection, heinous demeanour, or trespass committed. And because the occasion of granting this commission should be maturely weighed, it is provided by the statute anno 2. Ed. 3. cap. 2. that no such commission ought to be granted, but that they shallbe dispatcheo before the justices of the one bench or other, or justices errants, except for horrible trespasses, & that by the especial favour of the King. The form of this commission, see in Fitzh. natura breu. fol. 110.  
justices in Eyre (justiciarii itinerantes) are so termed of the French (Err. i. iter) which is an old word, as (a grand err. i. magnis iteneribus) proverbially spoken. the use of these in ancient time, was to send them with commission into diverse counties, to heat such causes especially, as were termed the pleas of the crown, and therefore I must imagine they were so sent abroad for the ease of the subjects, who must else have been hurried to the king's bench, if the cause were too high for the county court. They differed from the justices of oyer and terminer, because they (as is above said) were sent upon some one, or few special cases and to one place: whereas the justices in Eyre, were sent through the provinces and counties of the land, with more Indefinite and general commission, as appeareth by Bracton, lib. 3. cap. 11. 12. 13. and Britton cap. 2. And again they seem to differ in this, because the justices of oyer and terminer (as it is before said) were sent uncertainly, upon any uproar or other occasion in the country: but these in Eyre (as M. Gwin setteth down in the preface to his reading, were sent but every seven year once; with whom Horn in his mirror of justices, seemeth to agree. lib. 2. cap. queux poient estre actors, etc. and lib. 2. c. des peaches criminels etc. all suit de Roy, etc. and lib. 3. c. de justices in Eyre. where he also declareth what belonged to their office. These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden, part posteri. annalium. fo. 313. b. hath of them these words: justiciarij itinerantes constituti per Henricum secundum. i. qui divisit regnum suumin sex parts, per quarum singulas tres justiciarios itinerantes constituit, quorum nomina haec sunt, etc.  
justices of Gaol delivery (justiciarii ad Gaolas deliberandas) are such as are sent with commission, to hear and determine all causes appertaining to such, as for any offence are cast into the Gaol, part of whose authority is, to punish such, as let to mainprize those prisoners, that by law be not bailable by the statute de finibus, cap. 3. Fitzh. nat. br. f. 251. I. These by likelihood in ancient time, were sent to countries upon this several occasion. But afterward justices of Assize were likewise authorised to this, anno. 4. Ed. 3. cap. 3. Their oath is all one with other of the king's justices of either bench. Old Abridgement of statutes. titulo Sacramentum justiciariorum. See Oath.  
justices of labourers, were justices appointed in those times, to redress the frowardness of labouring men, that would either be idle, or have unreasonable wages. See anno 21. Eduardi 3. cap. primo. anno. 25. eiusd. cap. 8. & anno 31. eiusdem cap. 6.  
justices of Nisi prius, are all one now a days with justices of Assizes: for it is a common Adiournment of a cause, in the common pleas to put it off to such a day, Nisi prius justiciarii venerint ad eas parts, ad capiendas Assisas: and upon this clause of Adiournment, they are called justices of Nisi prius, as well as justices of Assizes; by reason of the writ or action that they have to deal in: their commission you may see in Cromptons' jurisdsctious fol. 204. yet M. Crompton maketh this difference between them, because justices of Assize have power to give judgement in a cause, but justices of Nisi prius. only to take the verdict. But in the nature of both there functions this seemeth to be the greatest difference, because justices of Nisi prius have to deal in causes personal as well as real, whereas justices of Assize, in strict acception, deal only with the possessory writs called Assizes.  
justices of trial baston, alias of trail baston, were a kind of justices appointed by King Edward the first upon occasion of great disorder grown in the Realm, during his absence in the Scottish and French wars, they are called in the old nat. bre. f. 52. justices of trial Baston, but by Holynshed and Stow in Edw. pri. of Trail baston, of trailing or drawing the staff as Holinshed saith. Their office was to make inquisition through the Realm by the verdict of substantial juries upon all officers, as Mayor shreeves, bailiffs, escheatours & others, touching extortion, briberies and other such grievances, as intrusions into other men's lands, and Barratours that used to take money for beating of men, and also of them whom they did beat; by means of which inquisitions many were punished by death, many by ransom, and so the rest flying the Realm, the land was quieted, & the king gained great riches toward the supporting of his wars. Inquire farther of the name. Baston is thought by some to be the beam of a pair of Scoales or weights. and this is in this place metaphorically applied to the just peising of recompense for offences committed. My poor opinion is, that the etymology of this title or addition groweth from the French (treilles) i. cancelli, bars or letises of what thing soever, a grate with cross bars, or of the singular (treille) i. pargula, an house arbour, a rail or form, such as vines run upon, and (Baston) a staff or pole, noting thereby that the justices employed in this commission, had authority to proceed without any solemn judgement seat in any place either compassed in with rails, or made booth or tent-wise, set up with staves or poles without more work, wheresoever they could apprehend the malefactors they sought for. See, lib. Assisarum. fol. 141. 57  
justices of peace (justiciarii ad pacem) are they that are appointed by the kings commission, with others, to attend the peace in the County where they dwell: of whom some upon special respect are made of the Quorum, because some business of importance may not be dealt in without the presence or assent of them, or one of them. Of these it is but folly to write more, because they have so many things pertaining to their office, as cannot in few words be comprehended. And again justice Fitzherberd some time sithence, as also M. Lamberd and M. Crompton of late have written books of it to their great commendation, and fruitful benefit of the whole Realm. See also Sir Thomas Smith de repub: Angl: lib: 2. cap. 19 They were called Guardians of the peace, until the 36. year of King Edward the third, cap. 12. where they be called justices. Lamb. Eirenarcha. lib. 4. cap. 19 pag. 578. There oath see also in Lambard. lib. i ca 10.  
justices of peace, etc. within liberties, justiciarii ad pacem infra libertates, be such in cities and other corporate towns, as those others be of any county: and their authority or power is all one within their several precincts anno. 27. H. 8. ca 25.  
justicies, is a writ directed to the shreeve, for the dispatch of justice in some especial cause, wherewith of his own authority he cannot deal in his County Court. lib. 12. cap. 18. whereupon the writ de excommunicato deliberando, is called a justicies 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. Kitchen fol. 74. saith, that by this writ called justicies, the shreeve may hold plea of a great sum, whereas of his ordinary authority he cannot hold pleas but of sums under 40. shillings. Crompt on foe 231. agreeth with him. It is called a justicies, because it is a commission to the shreeve ad justiciandum aliquem, to ●doe aman right, and requireth no return of any certificate of what he hath done. Bracton. lib. 4. tracta. 6. cap. 13. nu. 2. maketh mention of a justicies to the shreeve of London, in a case of Dower. See the new book of Entries, justicies.  
justification (justificatio) is an upholding or showing a good reason in court, why he did such a thing as he is called to answer: as to justify in a cause of Replevin. Broke. titulo Replevin.   

K E  
KEeper of the great Seal (Custos Magni sigils) is a L. by his office and called Lord Keeper of the great Seal of England, etc. & is of the King's privy Council, under whose hands pass all charters, Commissions, and grants of the King strengthened by the great or broad Seal. Without the which Seal, all such Instruments, by Law are of no force. for the King is in interpretation and intendment of Law, a Corporation, and therefore passeth nothing firmly, but under the said Seal. This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place, authority, pre-eminence, jurisdiction, execution of Laws, and all other Customs, Commodities; and Advantages, as hath the Lord Chancellor of England for the time being.  
Keeper of the privy Seal (Custos privati Sigilli) is a Lord by his office, under whose hands pass all Charters signed by the Prince, before they come to the broad or great Seal of England. He is also of the King's privy Council. He seemeth to be called Clerk of the privy Seal. anno 12. R 2. Cap. 11. But of late days, I have known none to bear this office, by reason the Prince thinketh good, rather to keep this Seal in his own hands, and by private trust to commit it to his principal Secretary, or some such one of his Council, as he thinketh fit for that function.  
Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the king's mint, which at this day is termed the master of the assay. See Mint.  
Keeper of the Forest (Custos Forestae) is also called chief Warden of the Forest. Manwood part. pri. of his Forest Laws, pag. 156. etc. & hath the principal government of all things belonging thereunto: as also the check of all officers belonging to the Forest. And the Lord Chief justice in Eyre of the Forest, when it pleaseth him to keep his justice Seat, doth 40. days before, send out his general Summons to him, for the warning of all under-officers, to appear 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, signifying him that hath the highest power & absolute rule over our whole Land. and thereupon the King is in intendment of Law cleared of those defects, that common persons be subject unto. For he is always supposed to be of full age, though he be in years never so young. Cromptons' jurisdictions fol. 134. kitchen. fol. i. He is taken as not subject to death, but is a Corporation in himself that liveth ever. Crompton ibidem. Thirdly, he is above the Law by his absolute power. Bracton lib. pri cap. 8. Kitchen fol. 1. and though for the better and equal course in making Laws he do admit the 3. estates, that is, Lords Spiritual, Lords temporal, and the Commons unto Council: yet this, in divers learned men's opinions, is not of constreinte, but of his own benignity, or by reason of his promise made upon oath, at the time of his coronation. For otherwise were he a subject after a sort and subordinate, which may not be thought without breach of duty and loyalty. For than must we deny him to be above the law, and to have no power of dispensing with any positive law, or of granting especial privileges and charters unto any, which is his only and clear right, as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican. and Bracton. lib. 2. cap. 16. num. 3. and Britton, cap. 39 For he pardoneth life and limb to offenders against his crown and dignity, except such as he bindeth himself by oath not to forgive. Stawnf. pl. cor. lib. 2. cap. 35. And Habet omnia iura in manu sua. Bracton. lib. 2. cap. 24. num. prim. And though at his coronation he take an oath not to alter the laws of the land: Yet this oath notwithstanding, he may alter or suspend any particular law that seemeth hurtful to the public estate. Blackwood in Apologia Regum, c. 11. See Oath of the king. Thus much in short, because I have heard some to be of opinion, that the laws be above the king. But the king's oath of old you may see in Bracton, lib. 3. cap. 9 nu. 2. for the which look in Oath of the King. The king's oath in English, you may see in the old abridgement of Statutes, titulo, Sacram. Regis. Fourthly, the kings only testimony of any thing done in his presence, is of as high nature and credit as any Record. Whence it cometh, that in all writs or precepts sent out for the dispatch of justice, he useth none other witness but himself, always using these words under it, Teste me ipso. Lastly, he hath in the right of his crown many prerogatives above any common person, be he never so potent or honourable: whereof you may read your fill in Stawnf. tractate upon the Statute thereof made, anno 17. Ed. 2. though that contain not all by a great number. What the king's power is, read in Bracton. lib. 2. cap. 24. nu. prim. & 2.  
King of Heradls (Rex Heraldorun is an officer at Arms, that hath the pre-eminence of this Society. See Herald. This officer of the Romans was called Pater Patratus.  
King's Bench (Bancus Regius) is the Court or judgement seat where the King of England was wont to sit in his own person: and therefore was it movable with the court or king's Household. And called Curia domini Regis, or Aula Regia, as M. Gwine reporteth in the preface to his readings; and that, in that and the Exchequer, which were the only courts of the king, until Henry the thirds days, were handled all matters of justice, as well Civil as Criminal. whereas the court of common pleas might not be so by the statute: anno 9 H. 3. cap. 11. or rather, by M. Gwins' opinion, was presently upon the grant of the great charter severally erected. This court of the King's bench was wont in ancient times to be especially exercised in all Criminal matters & pleas of the crown, leaving the handling of private contracts to the cownty court. Glanuil. lib. 1. cap. 2. 3. 4. & li. 10. cap. 18. Smith de Repub: Anglicana, lib. 2. cap. 11. and hath precedent of it, the Lord Chief justice of England, with three or four justices assistaunts, four or five as Fortescu saith, cap. 51. and officers thereunto belonging, the clerk of the crown, a Praenatory or Protonotari, and other six inferior ministers or Attorneys. Camd: Britan: pag. 112. See Latitat: How long this court was movable, I find not in any wrighter: But in Britons time, who wrote In K. Ed: the 1. his days, it appeareth it followed the court, as M. Gwin in his said preface well obseruethout of him. See justice of the King's Bench.  
King's silver, is properly that money, which is due to the king in the court of common pleas in respect of a licence there granted to any man for passing a fine. Coke vol. 6. fo. 39 a. & 43. b.  
kintal of woad, iron etc. is a certain weight of merchandise to the value of a hundred, or something under or over, according to the divers uses of sundry nations. This word is mentioned by Plowden in the case of Reniger and Fagossa.  
Knave, is used for a man servant. a. 14. Ed. 3. stat. 1. ca 3. And by M. Verstigans judgement, in his Restitution of decayed intelligence. ca 10. it is borrowed of the dutch (cnapa) cnave or knave, which signify all one thing: and that is some kind of officer or servant: as (scild-cnapa) was he, that bore the weapon or shield of his superior, whom the latins call (armigerum) and the French men (escuyer.)  
Knight (Miles) is almost one with the Saxon (Cnight. i Administer) and by M. Camden's judgement, pag. 110. derived from the same. with us it signifieth a gentleman, or one that beareth Arms, that for his virtue and especially Martial prows, is by the King, or one having the King's 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 ancient time, to serve in wars one horseback. The Romans called them Equites, the Italians at these days term them Cavallieri. The French men Chevalliers. The Germane, Reiters. The Spaniard Cavalleros, or Varoncs a Cavallo. It appeareth by the statute anno 1. Ed. 2. cap. 1. that in ancient times, gentlemen having a full knight's fee, and holding their land by knight's service, of the king, or other great person, might be urged by distress, to procure himself to be made knight, when he came to man's estate for the answerable service of his Lord in the King's wars. To which point you may also read M. Camden in his Britannia. pag. 111 But these customs be not now much urged: this dignity in these days being rather of favour bestowed by the Prince upon the worthier sort of gentlemen, then urged by constraint. The manner of making knights (for the dignity is not hereditary) M. Camden in his Britan. pag. 111. shortly expresseth in these words: Nostris verò temporibus, qui Equestrem dignitatem suscipit, flexis genibus educto gladio 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 knight in Fernes Glory of Generosity. pag. 116. Of these knights there be two sorts: one spiritual, another temporal. Cassanaeus in gloria mundi. part 9 Considerate. 2. of both those sorts, and of many subdivisions, read him in that whole part. The temporal or second sort of knights M. Ferne in his Glory of generosity. pag. 103. maketh threefold here with us. Knights of the sword, Knights of the Bath, and Knights of the sovereign 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 verb. significat. verbo Milites, saith, that in the ancient laws of Scotland, Freeholders were called Milites. 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 he had obtained many notable victories, (king john of Frannce, and king james of Scotland being both his prisoners together, and Henry of Castille the bastard expulsed out of his Realm, and Don Petro 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 Christendom, of the best and most excellent renowned Knights in virtues and honour, bestowing this dignity upon them, and giving them a blue Garter, decked with gold, pearl, and precious stones, and a buckle of gold to wear daily on the left leg only, a kirtle, gown, cloak, chaperon, a collar, & 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 meet. Of which Order, he and his successors, kings of England, were ordained to be the Sovereigns, and the rest fellows and brethren to the number of 26. Smith de Republ. Angl. libro primo. cap. 20. I have seen an ancient monument, whereby I am taught that this Honourable company is a College or a Corporation, having a common Seal belonging unto it, and consisting of a Sovereign Guardian which is the King of England, that always governs this order by himself or his Deputy, of 25. Companions called Knights of the Garter, of 14. secular Canons that be Priests, or must be within one year after their admission: 13. Vicar's 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 Bish: of Winchester for the time being, the Chancellor of the Garter, the Register, who is always Deane of Windesour. The principal King at Arms called Garter, whose chief function is to manage 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 Prince's chamber, called Black 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 vocabulary. The site of this College, is the Castle of Windesoure, with the Chapel of Saint George, erected by Edward the third, and the Chapter house in the said Castle. Howbeit the yearly Solemnity or procession may be, and is, by the Sovereign's direction, performed at the Court, wheresoever it lieth, upon Saint George's day. M. Camden saith, that this order received great ornament from Edward the 4 See Fearns glory of Generosity. pag. 120. See Garter. Hospinian in his book 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 read. cap. 307. as also Bernardus Girardus in his history, 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 ceremony of his Creation. Ferns glory of generosity. pag. 105. These are spoken of, anno. 8. Ed. 4. cap. 2. But I had an old monument lent me by a friend, whereby it appeareth, that these Knights were so called of a Bath, into the which (after they had been shaven and trimmed by a Barber) they entered, and thence, the night before they were Knighted, being well bathed, were taken again by two esquires commanded to attend them, dried with fine linen clothes, and so appareled and led through many solemn Ceremonies. viz. Confessing their sins, watching and praying all night in a church or chapel, 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 bath, by which Knights made out of the field in these days are called knights of the Carpet, because in receiving their order they commonly kneel upon a Carpet.  
Knights of the order of Saint john of jerusalem (milites Sancti johannis Heirosolumitani) were otherwise called the Knights of the Rhodes, being an order of Knighthood, that had beginning about the year of the Lord. 1120. Honorius then Pope of Rome. Cassanaeus de gloria mundi, part. 9 Considerarione 4. & M. Fern. in his glory of Generosity: pag. 127. they had their primary foundation and chief abode first in Jerusalem, and then in Rhodes, wheremany of them lived under their Principal called the M. of Rhodes. until they were expelled thence by the Turk, anno 1523. since which time their chief seat is at Malta, where they have done great exploits against the Infidels, but especially in the year 1595. These, though they had their beginning & especialest abode first at jerusalem and next in Rhodes, yet they increased both in number and Revenues, living after the order of Friars underthe Rule of Saint Augustine, and were dispersed into France, Spain, Alvern, Campany, England, 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 general prior, that had the government of the whole order within England & Scotland. Reg. orig. fol. 20. b. But toward the end of Henry the eights days, they in England and Ireland being found over much to adhere to the B. of Rome against the King, were suppressed, and their Lands and goods referred by Parliament to the King's disposition. anno. 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described, you may read in the Treatise entitled the Book of Honour and Arms, 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 john.  
Knights of the Temple otherwise called Templars) Templaplarii was an order of Knighthood created by Gelasius the Pope, about the year of our Lord. 1117. and so called, because they dwelled in a part of the buildings belonging to the Temple. These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian strangers and Pilgrims charitably, and in their armour led them through the Holy Land, to view such things, as there were to be seen, without fear of Infidels adjoining. This Order continuing and increasing by the space of 200. years, was far spread in Christendom, and namely here in England. But at the last, the chief of them at Jerusalem, being (as some men say) found to fall away to the Sazarens from Christianity, and to abound in many vices, the whole Order was suppressed by Clemens quintus, which was about King Ed. the 1. days, and their substance given partly to the Knights of the Rhodes, and partly to other Religious. Cassan: de gloria mnndi, part 9 Consid. 5. and See anno prim: Ed. 1. cap. 42. Others wright that in truth their destruction grew from leaning to the Emperor against the Pope of Rome, what soever was pretended. joach. Stephanus De jurisdictione. lib. 4. cap. 10. nu. 18. See Templars.  
Knights of the Shire (Milites Comitatus) otherwise be called Knights of the Parliament, and be two Knights, or other gentlemen of worth, that are chosen in pleno Comitatu, by the free holder's of every County that can dispend 40. shillings per annum, and be Resient in the shire, anno 10. H, 6. cap. 2. & anno 1. H. 5. cap. 1. upon the King's writ, to be sent to the Parliament, and there by their counsel to assist the common proceedings of the whole Realm. These when every man that had a Knight's fee, were custumarily constrained to be a Knight, were of necessity to be milites gladio cincti, for so runneth the tenor of the writ at this day. Cromptons' Iurisdict. fol. pri. But now there being but few Knights in comparison of former times, & many men of great living in every county, Custom beareth that esquires may be chosen to this office. anno 23. H. 6. ca 6. so that they be resient within the county, anno H. 6. cap. 7. & anno 1. H. 5. cap. prim. For the observations in choice of these knights, see the statutes anno 7. H. 4. cap. 15. & anno 11. eiusdem, cap. 1. & anno 6. H. 6. cap. 4. & anno 23. H. 6. cap. 15. and the new book of Entries. verbo Parliament. nu. 1. Their expenses during the Parliament are borne by the County, anno 35. H. 8. cap. 11.  
Knight Martial (Marescallus hospitii Regii) is an officer in the king's house, having jurisdiction, and cognisance of any transgression within the king's house and verge, as also of contracts made within the same house, whereunto one of the house is a party. Register orig. fo. 185. a. b. & fo. 191. b. whereof you may there read more at large.  
Knight's fee, (Feudum militare) is so much inheritance, as is sufficient yearly to maintain a knight with convenient revenue which in Henry the. 3. days was fifteen pounds. Camdeni Britan. pag. ●11. or 680. acres of land, or 800. acres. eodem: But S. Thomas Smith in his Repub. Angl. lib. pri. cap. 18. rateth it at forty pound. And I find in the statute for knights anno pri. Ed. 2. cap pri. that such as had 20. pound in fee or for term of life per annum, might be compelled to be knights. M. Stowe in his annals, pag. 285. saith, that there were found in England at the time of the Conqueror 60211. Knight's fees: others say 60215. whereof the religious houses before their suppression were possessed of 28015. Knight's fee, is sometime used for the rent, that a knight payeth for his fee to his Lord, of whom he holdeth. And this is an uncertain sum, some holding by forty shillings the shield, some by twenty shillings as appeareth by Bracton. lib. 5. tract: pri. cap. 2.  
Knighten Gild, was a Gild in London consisting of 19 knights, which king Edgar founded, giving unto them a portion of void ground lying without the walls of the city, now called Portesoken ward. Stow. in his Annals, pag. 151.   

L  
LAborariis, is a writ that lieth against such, as having not whereof to live, do refuse to serve, or for him that refuseth to serve in summer, where he served in winter: orig. Register, fol. 189. b.  
Laches, cometh of the French (lascher. i. laxare, or lusche. i. frigidus, ignavus, flaccidus) it signifieth in our common law, negligence: as no laches shallbe adjudged in the heir within age, Litleton fol. 136. and old nat. br. fol. 110. where a man ought to make a thing, and makes it not, I of his laches cannot have an Assize, but I must take mine action upon the case.  
Lagon, See Flotzon.  
Laised lists, anno i. R. 3. cap. 8.  
Land tenant, anno 14. Ed. 〈◊〉. stat. 1. cap. 3. & anno 23. eiusdem. cap. 1. &. 26. eiusdem, stat. 5. cap. 2. See Terretenent, & anno 12. R. 2. cap. 4. & anno 4. H. 4. cap. 8. it is joined with this word (Possessor) as Synonymon. v. anno 1. H. 6. cap. 5. See Terretenent.  
Lanis de crescentia Walliae traducendis abque custuma, etc. is a writ that lieth to the customer of a port, for the permitting one to pass over wols without custom, because he hath paid custom in Wales before, Register, fol. 279.  
Lapse (Lapsus) is a slip or departure of a right of presenting to avoid benefice, from the original patron neglecting to present within six months, unto the Ordinary. For we say that benefice is in lapse or lapsed, whereunto he that ought to present, hath omitted or slipped his opportunity, anno 13. Eliz. cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance, as privy, except only upon the resignation of the former Incumbent, or the deprivation upon any cause comprehended in the statute, anno 13. Eliz. cap. 12. Panor: in cap. quia diversitatem. nu. 7. de concess: praebend. Rebuffus' de devolut: in praxi beneficiorum: Lancelotus de collation: lib. 1. Institut. canon: §. Tempus autem. In which cases the Bishop ought to give notice to the Patron.  
Larceny (Laricinium) cometh of the French (Larcen. i. furtum, detractio alicui) It is defined by West. part. 2. Symbol titulo Inditements, to be theft of personal goods or chatels, in the owner's absence: and in respect of the things stolen, it is either great or small. Great Larceny is, wherein the things stolen, though severally, exceed the value of 12. pence, and petit Larceny is when the goods stolen exceed not the value of 12. pence, hitherto M. West. But he differeth from Bracton. lib. 3. tract. 2. c. 32. n. 1. Of this see more in Stawnf. pl. cor. l. 1. cap. 15. 16. 17. 18. 19  
Laghslite, is compounded of (lah. i lex) and (slight. i. ruptum) and signifieth mulctam ruptae vel violatae legis. Lamb: explicat. of Saxon words, verbo Mulcta.  
Last, is a Saxon word, signifying a burden in general, as also particularly a certain weight: for as we say a last of herring, so they say Ein last corns, last wines, etc. thence cometh lastage, which see in Lestage. A last of herring containeth 10. thousand, an. 31. Ed. 3. stat. 2. cap. 2. a last of pitch and tar, or of ashes, containeth 14. barrels. anno. 32. H. 8. cap. 14. a last of hides, anno 1. jac. cap. 33. containeth 12. dozen of hides or skins.  
Latitat, is the name of a writ whereby all men in personal actions are called originally to the King's bench. Fitz. nat. br. fo. 78. M. And it hath the name from this, because in respect of their better expedition, a man is supposed to lurk, and therefore being served with this writ, he must put in security for his appearance at the day, for latitare, est se malitiosè occultare animo fraudandi creditores suos agere volentes. l. Fulcinius §. Quid sit latitare. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quibus ex causis in possessionem eatur: But to understand the true original of this writ, it is to be known, that in ancient time, whilst the king's bench was movable, and followed the court of the King, the custom was, when any man was to be siewed, to send forth a writ to the shreeve of the county where the Court lay, for the calling him in: and if the Shyreeve returned, non est inventus in baliva nostra, etc. then was there a second writ procured forth, that had these words, (testatum est eum latitare, etc.) and thereby the shreeve willed to attach him in any other place where he might be found. Now when the tribunal of the King's bench came to be settled at Westminster, the former course of writ was kept for a long time, first sending to the shreeve of Midlesex to summon the party, and if he could not be found there, than next to apprehend him wheresoever. But this seeming too troublesome for the subject, it was at last devised, to put both these writs into one, and so originally to attach the party complained of upon a supposal or fiction, that he was not within the county of Middlesex, but lurking else where, and that therefore he was to be apprehended in any place else, where he was presumed to lie hidden, by a writ directed to the shreeve of the county where he is suspected to be: and by this writ a man being brought in, is committed to the Marshal of that court, in whose custody when he is, then by reason he is in the same county where the King's bench is, he may be siewed upon an action in that court, whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed, which most properly of old belonged to the cognizance of that court. I have been informed, that the bringing of these actions of trespass so ordinarily to the king's bench, was an invention of counsellors, that because only Sergeants may come to the common pleas bar, found a means to set themselves on work in that court. The form of this writ is such: jacobus Dei gratia Angliae, Francis, Scotiae, & Hiberniae Rex, fidei defensor, etc. Vicecomiti Cantabrigiae salutem. Cum Vicecomitinostro Midlesexiae nuper praeceperimus, quod caperet Thomam T. & Wilielmum W. si inventi fuissent in balliva sua, & eos saluo custodiret, ita quòd haberet corpora eorum coram nobis apud Westminster die veneris proximo post octavas Sanctae Trinitatis, ad respondendum Roberto R. de placito trangressionis; cumque vicecomes noster Midlesexiae, ad diem illum nobis returnaverit, quod praedicti Thomas T. & Wilielmus W. non sunt inventi in balliva sua, super quo ex part: praedicti Roberti in curia nostra coram nobis sufficienter testatum est, quòd praedicti Thomas & Wilielmus latitant & discurrunt in comitatu tuo. Idcirco tibipraecipimus quòd capias eos, si inventifuerint in balliva tua, & eos salvo custodias, it a quod habeas corpora eorum coram nobis apud Westminster, die. Martis proximo post tres septimanas, eodem Trinitatis, ad respondendum praefato Roberto deplacito praedicto, & habeas ibi tunc hoc breve. Teste johann P●pham apud Westminster. Roper.  
Launcegay, anno. 7. Rich. secundi: cap. 13.  
Law (lex) cometh of the Saxon (lah) the general signification is plain, only this I thought to note, that the law of this land hath been variable. For first Dunwallo Mulmutius otherwise Molincius a Britain, that being Duke of Cornwall reduced the whole land formerly severed by civil wars, into the state of a Monarchy, made certain wholesome laws, which long after were called Mulmutius laws, and by Gyldas translated out of the British tongue into latin. Stow in his Annals, pag. 16. Of these there remain yet certain heads, recorded by our historiographers, as followeth. 1. ut Deorum templa, & civitates hominum consequantur tantam dignitatem, ne quis illò confugiens extrahipossit, antequàm ab eo quem laeserat, veniam impetraverit. 2. ut huiusmods privilegium immunitatis habeant etiam ipsae viae, quae ducunt ad templa & ad urbes. 3. Imo & iumenta quoque illa, quae res rusticae subveniunt. 4. Denique colonorum aratra ipsa tali praerogativa libertatis perfruantur. 5. Hoc amplius, ut ne quaterra vacaret culturâ, neve populus inopia reifrumentariae premeretur, aut ea minueretur, si pecora sola occuparent agros qui ab hominibus coli dobent. 6. Constituit quot aratra quaelibet dioece sis haberet ac poenam statuit iis, per quos ille numerus aratrorum foret diminutus: 7. Item vetuit, bovem arator●m pro debito pecuniae, assignari debitoribus, si alia bonae debitoris essent. Ita fore, ne compendii causa homines pecuarii agros incultos redderent: sic etiam fore, ne quid carum rerum, quas natura praebet, hominibus usquam deesse posset. Rich. Vitus historiarum Britanniae. li. 3. nu. 1. And of these laws we find no obscure remanets in our laws now in use: See Magna charta. ca 1: & c●. 14. See Sanctuary. See Peace. Then was there a law called Merchenlage, whereby the Mercians were governed, being a kingdom in the heart of the land, containing those countries, that be now called Northampton shire, Leycester shire, Rutland shire, Lincoln shire, Nottingham shire, and Derby shire. Camd. Britan. pag. 94. whose power was great in the Heptarchy of the Saxons, until at the last they were conquered by the west Saxons, and made subject to them. Polydor. in Angl. Hist. lib. 5. But whereas the name of these laws savoureth of the Saxons time, it is reported by others that Martia a very learned Queen and wife to Quintelinus a Britton king, was the author of them, long before the Saxons set foot in England. Rich. Vitus. histo. Britan. li. 3. nu. 14. who also saith that Alphred the Saxon King translated both these, and also those of Mulmutius into the English or Saxon tongue. Thirdly, there was the law of the west Saxons, called west Saxenlage, and the law of the Danes when they set foot into the Realm▪ called Denelage. And of these laws, Edward made one law, as some write, whereby he ruled his kingdom. But M. Camd. ubi supra, speaking nothing of Mulmutius laws, saith out of Geruasius Tilburiensis, that of the other three William the Conqueror chose the best, and to them adding of the Norman laws, such as he thought good, he ordained laws for our kingdom, which we have at this present, or the most of them.  
Law hath an especial signification also, wherein it is taken for that which is lawful with us, and not else where. As tenant by the courtesy of England. anno 13. Ed. 1. cap. 3. and again, to wage law, vadiare legem, and to make law, facere legem. Bracton lib. 3. tract. 2. cap. 37. is to challenge a special benefit, that the law of this Realm affordeth in certain cases: whereof the first, sc. vadiar● legem, is to put in security, that he will make law at a day assigned, Glanuile lib. 1. cap. 9 and to make law is to take an oath, that he oweth not the debt challenged at his hand, and also to bring with him so many men as the court shall assign, to avow upon their oath, that in there consciences he hath sworn truly. And this law is used in actions of debt, without specialty, as also where a man coming to the court, after such time, as his tenements for default be seized into the King's hands, will deny himself to have been summoned, Glanuile lib. 1. cap. 9 & 12. and See Bracton ubi supra. nu. 1. v. kitchen. fol. 164. See the new exposition of law Termes verbo (Ley) this is borrowed from Normandy, as appeareth by the grand customary, cap. 8y. But Sir Edward Cook saith, it springeth originally from the judicial law of god, li. 4. of his reports, Slades case, fol. 95. b. alleging the 22. cap. of Exodus, versu. 7. Whether so or not, the like custom is among the Feudists: by whom they that come to purge the defendant, are called (Sacramentales.) libro feud. 1. tit. 4. §. 3. & titulo 10. & titulo. 26.  
Law of arms (ius militare) is a law that giveth precepts & rules how rightly to proclaim war, to make and observe leagues & truce, to set upon the enemy, to retire, to punish offenders in the camp, to appoint soldiers their pay, to give every one dignity to his desert, to divide spoils in proportion, and such like, for farther knowledge whereof, read those that write de iure bells.  
Law day, signifieth a leete Cromptons' Iurisdict. fol. 160. and the county court, anno 1. Ed. 4. cap. 2.  
Lawless man, is he qui est extra legem, Bracton lib. 3. tract. 2. cap. 11. nu. 1. See outlaw.  
Law of mark, See Retrisalles. This word is used anno 27. Ed. 3. stat. 2. ca 17. and groweth from the Germane word March. i limbs, a bound or limit. And the reason of this appellation is, because they that are driven to this law of reprisal, do take the goods of that people of whom they have received wrong, and cannot get ordinary justice, when they can catch them within their own territories or precincts.  
Law Merchant, is a privilege or special law differing from the common law of England, and proper to merchants and summary in proceeding, anno 27. Ed. 3. stat. 8. 9 19 & 20. anno 13. Ed. 1. stat. tertio.  
Lawing of dogs (expeditatio canum) See Expeditate. Mastiffs must be lawed every three year. Cromptons' Iurisd. fol. 163.  
Lease (lessa) cometh of the French (laysser. i linquere, relinquere, omittere, permittere:) It signifieth in our common law, a dimise or letting of lands or tenements or right of common, or of a rent or any hereditament unto another, for term of years or of life, for a rent reserved. And a lease is either written, called a lease by Indenture, or made by word of mouth, called a lease parol. See the new Terms of the law. The party that letteth this lease, is called the leassour, and the party to whom it is let, the leassee. And a lease hath in it six points: viz. words importing a dimise, a leassee named, a commencement from a day certain, a term of years, a determination, a reservation of a rent. Coke vol. 6. Knight's case. fol. 55. a.  
Leete (leta) is otherwise called a law day, Smith de Republ. Anglor. lib. 2. cap. 18. the word seemeth to have grown from the Saxon (Lethe) which as appeareth by the laws of king Edward set out by M. Lamberd. num. 34. was a court or jurisdiction above the Wapentake or Hundred, comprehending three or four of them, otherwise called Thryhing, and contained the third part of a Province or Shire. These jurisdictions one and other be now abolished, and swallowed up in the County court, except they be held by prescription. kitchen. fol. 6. or charter in the nature of a franchise, as I have said in (Hundred.) The liberty of Hundreds is rare, but many Lords, together with their court's Baron, have likewise Leetes adjoined, and thereby do inquire of such transgressions, as are subject to the enquiry and correction of this Court: whereof you may read your fill in Kitchen, from the beginning of his book to the fifth chapter, and Briton. cap. 28. But this court, in whose manner soever it be kept, is accounted the king's court, because the authority thereof is originally belonging to the Crown, and thence derived to inferior persons, Kitchen fol. 6. justice Dyer saith, that this Leete was first derived from the shreeves Turn. fol. 64. And it inquireth of all offences under high treason, committed against the Crown and dignity of the king; though it cannot punish many, but must certify them to the justices or Assize, per Statut. anno 1. Ed. 3. cap. ult. Kitchen fol. 8. but what things be only inquirable, and what punishable, see Kitchu in the charge of a court Leet▪ fol. 8. 9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19 20. See also the Statute anno 18. Ed. 2. The jurisdiction of Bailiffs in the Duchy of Normandy, within the compass of their Provinces, seemeth to be the same, or very near the ●ame, with the power of our Leete. cap. 4. of the grand customary.  
Legacy (legatum) is a particular thing given by last will and testament. For if a man dispose or transfer his whole right or estate upon another, that is called Haereditas by the Civilians, and he to whom it is so transferred, is termed haeres. Howbeit our common Lawyers call him Heir, to whom all a man's lands and hereditaments do descend by right of blood. See Heir. See Hereditaments.  
Leproso amovendo, is a writ that lieth for a Parish, to remove a Leper or Lazar, that thrusteth himself into the company of his neighbours, either in church or other public meeting, and communeth with them to their annoyance or disturbance. Regi. orig. fol. 267. Fitz. nat. br. fol. 234.  
Lestage, aliâs lastage, (lastagium) proceedeth from the Saxon word (last. i. onus) and is a custom challenged in Fairs & markets for carrying of things. Rastals Exposition of words: or a custom challenged in cheaping or Fairs. Saxon in the description of England, cap. 11. Lastage. anno 21. R. 2. cap. 18. seemeth to be the Balance of a ship. Fleta termeth it Lesting, saying, quòd significat acquietantiam Lestagii. lib. 1. cap. 47. §. Lesting.  
letters of exchange, (literae Cambitoriae, vel litera Cambii) Regist. orig. fol. 194. a.  
letters patents (literae patentes) be writings sealed with the broad Seal of England, whereby a man is authorized to do or enjoy any thing that otherwise of himself he could not. anno 19 H. 7. cap. 7. And they be so termed of their form, because they be open with the Seal hanging, ready to be showed for the confirmation of the authority given by them. If any will say, that letters patents may be granted by common persons, I will not greatly contend. For I find that to be true in Fitzh. nat. br. fol. 35. E. Howbeit they be called rather patents in our common speech, than letters patents. letters patents to make Denizens. anno 32. H. 6. cap. 16. yet for difference sake, the king's letters patents be called letters patents royal. anno 2. H. 6. cap. 10. There is likewise a writ patent. Fitzh. nat. br. fol. 1. & seqq.  
Levari facias, is a writ directed to the shreeve, for the levying of a Sum of money upon lands and tenements, of him that hath forfeited a recognisance, etc. Regist. origin. fol. 298. b. & 300. b.  
Levari facias damna de disseisitoribus, is a writ directed to the shreeve, for the levying of damages, wherein the disseisour hath formerly been condemned to the disseisee. Regist. fol. 214. b.  
Levari facias residuum debiti, is a writ directed to the shreeve, for the levying of a Remanent of a debt upon lands and tenements, or chatels of the debtor, that hath in part satisfied before, Regist. orig. fol. 299.  
Levari facias quando vicecomes returnavit quòd non habuit emptores, is a writ commanding the shreeve to sell the goods of the debtor, which he hath already taken, & returned that he could not sell them, and as much more of the debtors goods, as will satisfy the whole debt. Regist. orig. fol. 300. a.  
Letter of Attorney, (litera Atturnatus) is a writing, authorizing an Attorney, that is, a man appointed to do a lawful act in our steeds, West part prim. symbol. lib. 2. sect. 559. It is called in the civil law (mandatum, or procuratorium) There seemeth to be some difference between a letter of Attorney, and a warrant of Attorney. For whereas a letter of Attorney is sufficient, if it be sealed and delivered before sufficient witness: a warrant of Attorney must be acknowledged and certified before such persons, as fines be acknowledged in the country, or at the least before some justice or Sergeant, West. part 2. symbol. titulo Recoveries. sect. 1. F. See the statute, anno 7. R. 2. cap. 14.  
letters of mark. See mark and law of mark. See Reprisals. see a. 14. Hen. 6. cap. 7.  
letters patents of summons for debt: anno 9 H. 3. cap. 18.  
Levy (Levare) cometh of the French (Lever. i. allevare, attoller●) It is used in our common law, for to set up any thing, as to levy a mill. Kitchen, fol. 180. or to cast up, as to levy a ditch. Old. nat. br. fol. 110. or to gather and exact, as to levy money. See Leu●ri facias.  
Libel (Libellus) literally signifieth a little book, but by use it is the original declaration of any action in the civil law, anno 2. H. 5. cap. 3. & anno 2. Ed. 6. cap. 13. it signifieth also a criminous report of any man cast abroad, or otherwise unlawfully published in writing, but then for difference sake it is called an in famous libel, famosus libellus.  
Libello habendo. See Copia libelli de liberanda.  
Libera Chasea habenda, is a writ judicial, granted to a man for a free chase belonging to his manner, after he hath by a jury proved it to belong unto him. Register judicial, fol. 36. & 37.  
Liberate, is a warrant issuing out of the Chancery to the Treasurer, Chamberlains, and Barons of the Exchequer, or clerk of the Hamper, etc. for the payments of any annual pension or other sums granted under the broad seal. v. Brooke. titulo tail d'Exchequer. nu. 4. orig. Reg. fol. 193. a. b. or sometime to the shreeve. etc. n. br. f. 132. for the delivery of any lands or goods taken upon forfeits of a recognisance. Fitzh. nat. br. fol. 131. & 132. v. Coke. li. 4. Fulwods' case, so. 64. 66. & 67. It is also to a Gaoler from the justices for the delivery of a prisoner, that hath put in bail for his appearance. Lamb. Eirenarch. lib. 3. cap. 2.  
Libertate probanda, is a writ that lieth for such, as be challenged for slaves, and offer to prove themselves free, to the shreeve, that he take security of them for the proving of their freedom before the justices of Assize, and provide, that in the mean time they be quiet from their vexations, that challenge them for slaves. Fitz. nat. br. fol. 77. See Nativo habendo.  
Libertatibus allocandis, is a writ that lieth for a citizen or Burges of any city, that contrarily to the liberties of the city or town whereof he is, is impleaded before the king's justices, or justices errants, or justice of the Forest, etc. that refuseth or deferreth to allow his privilege Orig. Regist. fol. 262. Fitz. nat. br. fol. 229.  
Libertatibus exigendis in itinere, is a writ, whereby the king willeth the justices in eyre, to admit of an Attorney for the defence of another man's liberty, etc. before them. Regist. origin. fol. 19 b.  
Libertas (libertas) is a privilege held by grant or prescription, whereby men enjoy some benefit or favour beyond the ordinary subject. Liberty's royal what they be, see in Bracton. lib. 2. cap. 5. Broke hoc titulo. See Franchise.  
Librata terrae, containeth four oxegangs, and every oxegange 13. acres. Skene de verb. signif. verbo Bovata terrae. See Farthing deal of land.  
Licence to go to election, (Licentia eligendi, Regist. fol. 294.) See Congee d'eslire.  
Licence to arise, (licentia surgendi) is a liberty given by the Court to a tenant, that is essoyned de malo lecti in a real action. For the law is, that in this case he may not arise out of his bed, or at least go out of his chamber, until he have been viewed by Knights thereunto appointed, and so upon view of his sickness, have a day assigned him to appear, or else lie, until he be licensed by the court to arise. And the reason of this is, as I take it, because it may appear, whether he caused himself to be essoyned deceitfully yea or not: And therefore if the demandant can prove, that he be seen out of his chamber, walking up and down his grounds, or else going abroad unto any other place, before he be viewed or have licence of the court, he shallbe adjudged to be deceitfully essoyned, and to have made default. Of this see Bracton, lib. 5. tract. 2. cap. 7. 10. & 12. and Fleta, li. 6. cap. 10. Horn in his second book of his mirror, ca des Essoines, saith that the adverse party may grant licentiam surgendi to his adversary thus essoyned: And if he will not, the king upon just cause, may.  
Licentia surgendi, is the writ whereby the tenant essoyned de malo lecti, obtaineth liberty to rise. See Licence to arise. See the Register, fol. 8.  
Licentia transfretandi, is a writ or warrant directed to the keepers of the Port at Dover, etc. willing them to let some pass quietly over sea, that hath formerly obtained the king's licence thereunto, Reg. Orig. fol. 193. b.  
Lieftenent (locum tenens) is a French word, signifying as much as (Legatus) it is compounded of (Lieu. i. Locus) and (tenir. i. tenere) It signifieth with us him, that occupieth the king's place, or representeth his person, as the Liefetenent of the Kings of Ireland. anno 4. H. 5. cap. 6. so is it used anno 2. & 3. Ed. 6. cap. 2. whence that officer seemeth to take his beginning. But I read also in M. Manwoods' first part of forest laws. pag. 113. that the lord chief justice in Eyre of the Forest: and the chief warden also, have their Liefetenents in the forest. So that though a Leiftenent be most ordinary and most properly used for the Depute of the king: yet is it sometime extended to there deputes that be but Liefetenents to the King.  
Liefetenent of the Ordinance, anno 39 El. ca 7.  
Liege, (ligius) is a word borrowed from the Feudists, and hath two several significations in our common law: sometime being used for Liege Lord. anno 34. & 35. H. 8. cap. 1. & anno 35. eiusdem, cap. 3. and sometimes for Liege man. anno 10. R. 2. cap. unico. & anno 11. eiusdem. cap. prim. Liege Lord is he, that acknowledgeth no superior. Duarenus in Comment. de Consuetud. Feudorum, cap. 4. num. 3. Liege man is he, that oweth legeancie to his liege Lord. M. Skene de verb. sign. verbo Ligeantia, saith, that it is derived from the Italian word, (liga) i. a band, league, or obligation, in whom read more of this matter.  
Ligeancie, is such a duty or fealty, as no man may owe or bear to more than one lord Idem, eodem. num. 4. I find also this definition of ligeancie in the grand customary of Normandy, cap. 13. Ligeantia est, ex qua Domino tenentur vasalli sui contra omnes homines qui mori possunt & vivere, proprii corporis praebere consilii & auxilii iuvamentum, & ei se in omnibus innocuos exhibere, nec ei adversantium partem in aliquo confovere. Dominus etiam eosdem tenetur regere, protegere & defensare: eosque secundum iura & consuetudines, & leges patriae pertractare: this is otherwise called l●gietas, Cassan: de Consuetud: Burgund: pag. 420. & 421. This word is used in the statutes of our realm: as the king's liege people. anno 14. H. 8. c. 2. Of the oath of leageancy, jacobutius de Franchis in praeludio feudorum, cap. 2. nu. 138. hath these words: Praestatur hoc Ligeum Homagium in manibus Regis vel imperatoris, genibus flexis, positis manibus iunctis in manibus Domini, dicendo: Ego iuro homagium tibi Dom. ut a modo sim homo ligeus vester, contra omnem hominem, qui potest vivere: verba sunt pulchra Andr. de Isern: in cap. 1. in verbo omnem. Colum: prima. de nova forma fidelita: & hoc ligeum Homagium videmus praestari domino Regi tantum: quia cum per id efficiatur homo solius illius, cui iuratur, ut dixit Hostiensis in cap. ex diligenti. de Simon: alii non potest praestari. i. quia illius solius esse similiter non potest: Non 〈…〉. esse potest duorum in solidum. l. si ut certo. §. si duobus vehiculum. 〈◊〉: commodati. secundùm And: in dicto cap: 1. §. omnem. & Bald: hic in 7. divis & Aluar. in 13. division.) Non ligeum verò dicitur, quando quis ●●rat fidelitatem Domino, excepta aliqua persona, viz. domino superiori, vel antiquiore: Hactenus jacobutius. where you may read more touching this point: as also in Hotomans disputations de feudis, pag. 816. fol. 820. etc.  
Ligeance (Ligeantia) See Liege It sometime signifieth the dominions or territoritie of the Liege Lord: as anno 25. Ed. 3. stat. 2. Children borne out of the Ligeance of the King.  
Lierwit est mulcta adulteriorum. Fleta li. 1. ca 47. It is used for a liberty whereby a Lord challengeth the penalty of one that lieth unlawfully with his bond woman. See Lotherwit.  
Limitation of Assize (Limitatio assisae) is a certain time set down by statute, within the which a man must allege himself or his ancestor to have been seized of lands, siewed for by a writ of Assize. See the statute of Merton, cap. 8. anno 20. H. 3. and West. 1. cap. 38. and an. 32. H. 8. c. 2. & an. 1. M. 1. p. c. 5. See also Theloals digest of writs lib. 10. cap. 2. So it is used in the old. nat. br. fol. 77. in these words: the writ de consuetudinibus & seruitiis lieth, where I or mine Ancestors after the limitation of Assize, were not seized of the Customs, etc. But before the Limitation of Assize we were seized, etc.  
Lindwood, was a Doctor of both Civil and Canon laws, and Deane of the Arches, he was Ambassador for Henry the fifth into Portugal, anno 1422. as appeareth by the preface to his commentary upon the Provincials.  
Litleton, was a lawyer of great account, living in the days of Edward the fourth, as appear by Stawnf. praerogat: cap. 21. fol. 72. he wrote a book of great account, called Litletons' tenoures, which Hotoman in his commentary de verbis feudalibus. verb. Foedum, thus commendeth. Stephanus Pasquerius excellenti vir ingenio, & inter Parisienses causidicos dicendi facultate praestans, libellum mihi Anglicanum Litletonum dedit, quo Feudorum Anglicorum lura exponuntur, ità inconditè, absurd, & inconcinnè scriptum, ut facilè appareat verum esse, quod Polidorus Virgilius in Anglica historia scribit, stultitiam in eo libro cum malitia & calumniandi studio certare.  
Literae ad faciendum attornatum pro secta facienda: see in the Regist: original, fol. 172. Literae de annua pensione, eodem, 266. & 307. Litera patens ad faciendum generalem atturnatum quia infirmus, eodem, fol. 21. Litera per quam dominus remittit curiam suam Regi, eodem. fol. 4. Literae de requestu, eodem, fol. 129. Literae canonici ad exercendam jurisdictionem loco suo, fo. 305. Literae patentes ad conferendum beneficta, domino in remotis agente. fol. 305. Literae ad innote scendum recuperationem Regis de ecclesia omnibus quorum interest, fol. 305. Literae patentes regis quod Abbas ad totam vitam suam possit facere Atturnatos generales, f. 21. Literae procuratoriae; fol. 205. 306. Literae Regia deprecatoriae pro annua pensione, fol. 307. All these you may see in their places, & understand the meaning of them, as occasion shall require.  
Livery (Liberatura) is drawn from the French (youree i ensign, gestamen, Centuriale discrimen, nota centurialis, turmalis) or else from (liurer. i. tradere) and accordingly hath 3. significations. In one it is used for a suit of cloth or other stuff, that a gentleman giveth in coats, cloaks, hats or gowns, with cognisance or without, to his servants or followers, anno 1. Rich. 2. cap. 7. & anno 20. eiusdem, cap. 1. & 〈◊〉. & anno 7. H. 4. ca 14. & anno 8. Ed. 4. ca 2. & anno 7. eiusdem, ca 14. & anno 13. eiusdem, ca 3. & a. 8. H. 6. ca 4. & anno 8. Ed. 4. ca 3. & anno 3. H. 7. ca 1. & 12. & anno 11. eiusdem, ca 3. & anno 19 eiusdem, cap. 14. In the other signification, it betokeneth a delivery of possession unto those tenants, which hold of the king in capite, or in knight's service: for the king by his prerogative hath premier seysini (or the first possession) of all lands and tenements so holden of him. anno 52. H. 3. cap. 16. & an. 17. Ed. 2. cap. 3. that is, when any such tenant dieth, the king forthwith entereth, and holdeth it until the heir do his homage, and so pray his land to be delivered unto him. Which act in the king is called Livery: and livery in this signification is either general or special. Stawn. praerog. fol. 12. & cap. 3. Livery general seemeth to be that, which is made in general words, and therefore may easily be missued. Livery special is that, which containeth in it a pardon of oversights committed by the tenant in siewing out his livery, by which pardon the missuing is dispensed with. Stawnf. pag. 67 cap. Travers. 20. See the Institutes and grounds of the common law. cap. 30. of general and special liveries. Livery in the third signification is the writ which lieth for the heir to obtain the possession or seisin of his lands at the king's hands: which see in Fitz. nat. br. fol. 155.  
Livery of seisin (deliberatio seisinae) is a delivery of possession of land or tenement, or other things corporeal, (for of things incorporeal no livery of seisin may be) unto one that hath right or a probability of right unto them. For as Bracton saith: Traditio debet esse vestita & non nuda, sc. quòd traditione praecedat vera causa vel putativa, qua transeat Dominicum. lib. 2. cap. 18. num. 3. West part prim. symbol. li. 2. sect. 196. calleth this a ceremony in the common law, used in the conveyance of lands or tenements, etc. where you may see the usual form hereof particularly set down, whereunto join the new exposition of law terms.  
Lieutenent. See Lieftenent.  
Lieutenent of the tower, seemeth to have been an officer under the Constable. anno Henr. 4. cap. 15.  
Locus partitus, signifieth a division made between 2. towns or counties, to make trial in whether the land or place in question lieth. Fleta lib. 4. cap. 15. num. 1.  
Local (localis) signifieth in our common law, as much as tied or annexed to a place certain: Example: the thing is local and annexed to the freehold. Kitchen fol. 180. and again in the same place: An action of trespass for battery, etc. is transitory and not local: that is, not needful that the place of the battery should be set down as material in the declaration: or if it be set down, that the defendant should traverse the place set down, by saying, he did not commit the battery in the place mentioned in the declaration, and so avoid the action. And again, fol. 230. the place is not local: that is, not material to be set down in certainty. And the guard of the person and of the lands differeth in this, because the person being transitory, the lord may have his ravishment de guard, before he be seized of him, but not of the land, because it is local. Perkins Grants 30.  
Lobbe, is a great kind of north sea fish. anno 31. Ed. 3. stat. 3. cap. 2.  
Lodemanage, is the hire of a Pilot for conducting of a ship from one place to another.  
Loichfish, as Lob. Ling. Cod. anno 31. Ed. 3. stat. 3. cap. 2.  
Lode works, is one of the works belonging to the Stannaries in Cornwall: for the which read M. Camden's Britain: in his title of Cornwall. pa. 119. See stream work.  
Lollards (Lollards) were in account and reputation of those times, Heretics that abounded here in England, in the days of Edward the third, and Henry the fifth. anno 2. H. 5. cap. 7. whereof Weekleife was the chief, as Stowe saith in his Annals: pag. 425. who by his report, went barefooted and baslely clothed, to wit in base russet garments down to the heels: they preached, and especially against Monks and other religious men. Of these read more in him and others that writ of those times. The name Lindwood deriveth a lolio: quia sicut lolium inficit segetes: sic Lollardi multociens inficiunt fideles simplices inter quos conversantur. in ca finali: de Haereticis verbo Lollardiae: But Tritemius in his chronicle, deduceth the name from one Gualther Lolhard a Germane as the first author of that sect, living about the year of our redemption. 1315.  
Lord (Dominus) by M. Camden's opinion, is a contract (of Lafford) which is the Danish word for Dominus. It is a word of honour with us, and is used diversly. Sometime being attributed to a man, that is noble by birth or creation, which sort are otherwise called Lords of the Parliament. Sometime to those that be so called by the courtesy of England, as all the sons, of a Duke, or the eldest son of an Earl. Sometime to men honourable by office, as lord chief justice, etc. and sometime to a mean man that hath fee, and so consequently the homage of tenants within his manner. For by his tenants he is called Lord, and by none other, and in some places, for distinction sake, he is called Landlord. It is used nevertheless by the Writers of the common law, most usually in this signification. And so is it divided into lord above, and lord mesn: lord mesn, is he that is owner of a manner, and by virtue thereof hath tenants holding of him in fee, and by copy of court roll, and yet holdeth himself over of a superior Lord: who is called lord above, or lord Paramount, old nat. br. fol. 79. Although I think none simply to be accounted lord Paramount, but the Prince: because all hold either mediately or immediately of him, and he of none. In this signification I likewise read Very lord, and Very tenant. eod. fol. 42. & Broke titulo Heriot. num. 1. where (I think) very lord, is he which is immediate Lord to his tenant: and him to be very tenant to that Lord, of whom he immediately holdeth. So that if there be lord above, lord mesn, and tenant, the lord above is not very lord to the tenant, nor the tenant very tenent to the lord above.  
Lord in gross. Fitz. nat. br. fol. 3. is he that is lord having no manner, as the king in respect of his crown. idem, f. 5. F. See him also, fol. 8. A. B. where I find a case wherein a private man is lord in gross. viz. a man maketh a gift in tail of all the land he hath, to hold of him and dieth: his heir hath but a signory in gross.  
Lorimers. anno 1. R. 3. cap. 12. is one of the companies in London, tha makeht bits for bridles of horses and such like. The name seemeth to be taken from the latin (lorum) and is else where written Lorinors.  
Lotherwit, aliâs Leyerwit, is a liberty or privilege to take amends of him that defileth your bondwoman without licence, Rastall: exposition of words. It is an amends for lying with abondwoman. Saxon in his description of England. cap. 11. Some think it should be rather written (Legerwit) For (Leger) is the Saxon word for a bed, or (Logherwit) of the old word (Logher) being of the same signification. See Bloodwit and Lyerwit.  
Lusernes, See Fur.  
Lushoborow, is a base coin used in the days of King Ed. the 3. coined beyond Seas to the likeness of English money, and brought in to deceive the King and his subjects. To avoid the which it was made treason for any man wittingly to bring in any such. an. 25. Ed. 3. stat. 4. cap. secundo.   

M  
MAcegriefs. aliâs Macegrefs. be such as willingly buy and sell stolen flesh, Britton, cap. 29. fo. 71. b. Cromptons' justice of peace. fo. 193. a.  
Magna assisa eligenda, is a writ directed to the shreeve, to summon four lawful knights before the justices of Assize, there upon their oaths to choose 12. knights of the vicenage, etc. to pass upon the great assize between A. plaintiff and B. defendant, etc. Register original, fol. 8. a.  
Magna Charta, called in English the great charter, is a charter containing a number of laws ordained the ninth year of Henry the third, and confirmed by Edward the first. The reason why it was termed Magna charta, was either for that it contained the sum of all the written laws in England, or else that there was another Charter called the Charter of the Forest, established with it, which in quantity was the lesser of the two. I read in Holinshed, that King john to appease his Barons, yielded to laws or articles of government much like to this great Charter, but we now have no ancienter written law, than this, which was thought to be so benefical to the sublect, and a law of so great equity in comparison of those, which were formerly in use, that K. Henry the third was thought but hardly to yield unto it, and that to have the fifteenth penny of all the movable goods both of the spirituality and temporalty throughout his realm. Holinshed in Henry the third. And though this Charter consist not of above 37. chapters or laws: yet is it of such extent, as all the law we have, is thought in some sort to depend of it. Polydorus and Holinshed, ubi supra.  
Mahim (Mahemium) cometh of the old French (Mehaigne) as M. Skene saith, de verbo. signif. verbo Machanium, and signifieth a corporal hurt, whereby a man looseth the use of any member, that is or might be any defence unto him in battle. The Canonists call it membrimatilationem, as the eye, the hand, the foot, the scalp of the head, his foretooth, or, as some say, of any finger of his hand, Glanuile lib. 14. ca 7. See Bracton at large, lib. 3. tracta. 2. cap. 24. nu. 3. and Britton cap. 25. and Stawnf. pl. cor. lib. pri. ca 41. and the new exposition of law Termes, and the Mirror of justices, cap. d'homicid. The grand customary of Normandy, cap. 6. calleth it Mahaignium, and defineth it to be enormem laesionem. All agree that it is the loss of a member, or the use thereof. And membrum, as Cassan: de consuetu: Burgund. pag. 168. defineth it out of Baldus, est pars corporis habens destinatam operationem in corpore. where you may read more of this point. But if you will see it largely discussed, look Vgolinus de irregularitatibus, ca 4. §. 3. 4. 5. also read M. Skene ubi supra.  
Mainour, aliâs Manor, aliâs Meinoure, seemeth to come of the French (Manier. i. manu tractare, attrectare) or else of (Amever. i. abducere). It signifieth in our common law, the thing that a thief taketh away or stealeth: as to be taken with the mainor. pl. cor. fol. 179. is to be taken with the thing stolen about him: and again, fol. 194. It was presented that a thief was delivered to the Viscount together with the Mainor: & thirdly, fol. 186. If a man be indicted that he feloniously stole the goods of another, where, in truth, they be his own goods, and the goods be brought into the court as the manor, and it be demanded of him, what he saith to the goods, and he disclaim them: though he be quitted of the felony, he shall lose the goods, and again. fol. 149. if the defendant were taken with the manor, and the manor be carried to the court, they in ancient times would arraine him upon the manor, without any appeal or indictment. I find this word used in the old. nat. br. fol. 110. in this sort: where a man maketh a thing by mainour, or levying, or estopping, in such case he shall have Assize. where it signifieth handy labour, and is but an abbreviation of Mainourey.  
Mainoure, see Minoverye.  
Mainprize (Manucaptio) is compounded of two French words (Main. i. manus) & (prins. i. captus) which is a participle of the verb) prendre i. capere, excipere, captare) It signifieth in our common law, the taking or receiving a man into friendly custody, that otherwise, is or might be committed to the mercy of the prison, upon security given for his forth coming at a day assigned: as to let one to mainprize. old nat. br. fol. 42. is to commit him to them, that undertake his appearance at the time appointed. And they that do thus undertake for any, are called Mainpernouns, because they do receive him into their hands. pl. cor. fol. 178. Of this sort is the word (Mainpernable) which signifieth him that hath committed such an offence, as by law he may be thus bailed. For in many cases a man is not mainpernable: whereof see Broke, titulo Mainprize, per totum. and Fitz. nat. br. fol. 249. & seqq. M. Manwood in the first part of his Forest laws. pag. 167. maketh a great difference between Bail and Mainprize. For he that is mainprised (quoth he) is always said to be at large, and to go at his own liberty out of ward, after the day is set to mainprize, until the day of his appearance, by reason of the said common summons or otherwise. But otherwise it is, where a man is let to bail to four or two men, by the lord justice in eyre of the Forest, until a certain day. For there he is always accounted by the law to be in their ward and custody for the time. And they may, if they will, keep him in ward, or in prison all that time, or otherwise at their will. So that he that is so bailed, shall not be said by the law to be at large, or at his own liberty. Thus far M. Manwood. The mirror of justices maketh a difference also between pledges and mainpernours, saying, that pledges are more general, & that mainpernours are body for body. lib. 2. cap. de trespass venial. and lib. 3. cap. des pledges & mainpernours. When mainprises may be granted, and when not, see Cromptons' justice of peace. fol. 136. etc. usque 141. and Lamberd. Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges & mainpernours: the author of the Mirror of justices saith, that pledges be those, that bail or redeem any thing but the body of a man, and that mainpernours be those, that free the body of a man. And that pledges therefore belong properly to real and mixed actions, and mainpernours to personal.  
Maintenance (manutentio vel manutenentia) is a French word, and signifieth an upholding of a cause or person, metaphorically drawn from the succouring of a young child, that learneth to go, by ones hand. In our common law, it is used in the evil part, for him, that secondeth a cause depending in suit between others, either by lending of money, or making friends for either party, toward his help. anno 32. Henr. 8. cap. 9 And when a man's act in this kind is by law accounted Maintenance, and when not, see Broke, titulo Maintenance: and Kitchen, fol. 202. & seqq. and Fitz. nat. br. fol. 172. and Cromptons' Iurisdict. fol. 38. The writ that lieth against a man for this offence, is likewise called Maintenance. Terms of the law. verb. Maintenance. Special maintenance Kitchen, fol. 204. seemeth to be maintenance most properly so termed. Of this see Cromptons' justice of peace. fol. 155. b. and the new book of Entries. verbo, Maintenance. Maintenance, vid. Novos terminos juris.  
Make (facere) signifieth in the common law, to perform or execute: as to make his law, is to perform that law which he hath formerly bound himself unto, that is, to clear himself of an action commenced against him by his oath, and the oaths of his neighbours. Old nat. br. fol. 161. Kitchen fol. 192. which law seemeth to be borrowed of the Feudists, who call these men that come to swear for another in this case, Sacramentales. Of whom thus saith Hotoman in verbis foundal. Sacramentales a sacramento i juramento diccbantur ●i, qui quamuis res, de qua ambigebatur, testes non fuissent, tamen ex eius, cuius res agebatur, animi sententia, in eadem quae ille verba iurabant: illius vide licet probitate & innocentia confisi. Nam tum demum adhibebantur, cum testes nulli extarent. See the rest. The formal words used by him that maketh his law, are commonly these. Hear O ye justices, that I do not owe this sum of money demanded, neither all nor any part thereof, in manner and form declared, so help me God, and the contents of this book. To make services or custom, is nothing else but to perform them. Old. nat. br. fol. 14. To make oath, is to take an oath.  
Maletent, in the Statute called the Confirmation of the liberties of etc. anno 29. Ed. prim. cap. 7. is interpreteted to be a tolle of 40. shillings for every sack of wool. Stow in his Annals calleth it a Maletot. pag. 461 See also the Statute (de tallagio non concedendo) an. 34. eius. stat. 5.  
Malin. See Marle.  
Manbote signifieth a pecuniary compensation for killing of a man. Lambard in his exposition of Saxon words. verbo Aestimatio. Of which read Roger Hoveden also, in part poster. suorum annal. fol. 344. a. b.  
Mandamus, is a writ, that lieth after the year and day, whereas in the mean time the writ called (diem clausit extremum) hath not been sent out to the Excheatour, for the same purpose, for the which it should formerly have been sent forth. Fitzh. nat. br. fol. 253. B. See Diem clausit extremum. Mandamus is also a charge to the shreeve, to take into the king's hands, all the lands and tenements of the king's widow, that against her oath formerly given, marrieth without the king's consent. Register. fol. 295. b. See Widow.  
Mandatum, is a commandment judicial of the king or his justices, to have any thing done for the dispatch of justice, whereof you shall see diversity in the table of the Register judicial. verbo Mandatum.  
Manner (Manerium) seemeth to come of the French (manoir. i. domicilium, habitatio) M. Skene. de verbo. significatione. verbo Manerium, saith it is called Manerium, quasi Manurium, because it is laboured with handy work by the Lord himself. It signifieth in our common law, a rule or government, which a man hath over such as hold land within his fee. Touching the original of these manners, it seemeth that in the beginning, there was a certain compass or circunt of ground, granted by the king unto some man of worth (as a Baron or such like) for him and his heirs to dwell upon, and to exercise some jurisdiction more or less within that compass, as he thought good to grant, performing him such services, and paying such yearly rent for the same, as he by his grant required: and that afterward this great man parceled his land to other meaner men, enjoining them again such services and rents, as he thought good, and by that means, as he became tenant to the king, so the inferiors became tenants unto him. See Perkins Reservations 670. and Andrew Horns book entitled the mirror of justices li. 1. ca du. Roy Alfred. See the definition of a Manner. Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good service, have our kings borrowed from the Emperors of Rome, or the Lombard kings, after they had settled themselves in Italy, as may well appear by Antonius Contius in methodo feudorum, c. i. de origine, & libris Feudorum. And I find that according to this our custom, all lands holden in fee throughout France, are divided into Fiefz and arrierfiefz: whereof the former are such as are immediately granted by the king, the second such as the king's feudataries do again grant to others. Gregorii Syntagm. lib. 6. an. 5. nu. 3. But the inconstancy of man's estate, and the mutability of time, hath brought to pass, that those great men, or their posterity, have alienated these Mansions and lands so given them by their Prince, and others that had none, have by their wealth purchased many of them: and again that many for capital offences have forfeited them to the king, and that thereby they still remain in the crown, or are bestowed again upon others: so that at these days many be in the hands of mean men, such as by their skill in law or physic, by merchandise, grazing, or such other good husbandry, have gathered wealth, and enabled themselves to purchase them of those, that by descent received them from their ancestors in greater abundance, than wit to keep them. But who so ever possesseth these manners, the liberty belonging unto them is real and predial; and therefore remaineth still, though the owners be changed. In these days a manner rather signifieth the jurisdiction and royalty incorporeal, than the land or site. For a man may have a manner in gross (as the law termeth it) that is, the right and interest of a court Baron, with the perquisites thereunto belonging: and another or others have every foot of the land thereunto belonging. Kitchen. fol. 4. Brooke hoc titulo per totum. Bracton, lab: 4. ca 31. nu. 2. divideth manerium, in capitale & non capitale. See Bracton lib. 5. tracta. 5. ca 28. nu. pri. See Fee: The new expositor of law terms saith, that Manor is a thing compounded of divers things, as of a house, land earable, pasture, meadow, wood, rent, advouzen, court Baron, and such like. And this aught to be by long continuance of time, to the contrary whereof man's memory cannot discern, etc.  
Mansion (Mansio) as Eracton defineth it, lib. 5. cap. 28. nu. pri. is a dwelling, consisting of one or more houses without any neighbour. And yet he granteth forthwith, that Mansio Mansioni possit esse vicinata. I find it most commonly used for the lords chief dwelling house within his fee, whether it have neighbours adjoining or not, otherwise called the capital mesuage. Bracton. li. 2. c. 26. or the chief manner place. Mansio amongst the ancient Romans, was a place appointed for the lodging of the Prince or soldiers in their journey, furnished with convenient entertainment by the neighbours adjoining. And in this sense we read primam mansionem, for the first night's lodging, and so in order. It is probable that this word (Mansion) doth in some construction signify so much land, as Beda calleth familiam in his ecclesiastical history. For Master Lambert in his explica. of Saxon words, ver. Hida terrae, saith, that that which he calleth familiam, others sithence call Manentem vel Mansam. (Mansus and Mansum) I read of in the Feudists, which as Hotoman saith, in verbis feudalibus, est neque domus, neque area, neque hortus, sed ager certi modi ac mensurae. And again, in Commentarus feudorum, lib. p. tit. 4. vers. de Manso. Agri deserti & inculti certa mensura dabantur cultoribus quasi in emphyteusin, ut culti & meliorati, feudi iure a vasallis possiderentur. In contractu autem vasalls nonnunquam incrementum. i. meliorationem omnem sibi recipiebant, sive per culturam, sive per inaedificationem ea melioratio fieret, etc. And Cassanaeus de consuet. Burg. pag. 1195. defineth it thus: Mansus est, quantum qu is cum uno pari boum laborare possit. proving it out of Bartolus, in li. si ita. 〈◊〉. de auro & argen. legato: in fine legis. Read M. Skene de verbo. sign. verbo Mansus. I read the latin word (Mansia) in the same signification, as namely in the charter granted by King Kanulphus to Ruchin the abbot of Abingdon, which Sir Edward Cook setteth down in his book de iure Regis ecclesiastico.  
Manslaughter (Homicidium) is the unlawful kill of a man, without prepensed malice: as when two, that formerly meant no harm one to the other, meet together, and upon some sudden occasion falling out, the one killeth the other. West par. 2. symb. titulo Inditements. sect. 44. It differeth from murder, because it is not done with foregoing malice: & from chauncemedly, because it hath a present intent to kill. And this is felony, but admitteth clergy for the first time. Stawnf. pl. cor. lib. 1. cap. 9 and Britton ca 9 It is confounded with murder in the statute, anno 28. Ed. 3. ca 11.  
Mantyle (Mantile) cometh of the French (Manteau) and signifieth with us a long robe, anno 24. Hen. 8. cap. 13.  
Manucaptio, is a writ that lieth for a man, who taken for suspicion of felony, and offering sufficient Bail for his appearance, cannot be admitted thereunto by the shreeve, or other having power to let to mainprize. Fitzh. nat. br. fol. 249. See Mainprize. How diversly it is used, see the Register original, in the table.  
Manuel (Manualis) is a thing whereof present profit may be made. Stawnf. praerogat. fol. 54. And a thing not manuel is that, whereof no present profit may be made, but hereafter, when it falleth, ibid.  
Manumission (Manumissio) is a freeing of a villain or slave out of his bondage. The form of this in the time of the Conqueror, M. Lamb. in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. fol. 126. setteth down in these words: Si quis velit servum suum liberum facere, tradat eum vicecomiti, per manum dexteram, in pleno comitatu, & quietum illum clamare debet à iugo servitutis suae per manumissionem: & ostendat ei liberas portas, & vias, & tradat illi libera arma, scilicet lanceam & gladium: & deinde liber homo efficitur. Some also were wont to be manumitted by charter of manumission. vide Brooke, titulo villeinage. fol. 305. The new expositor of law Termes maketh two kinds of manumission: one expressed, an another implied. Manumission expressed is, when the Lord maketh a deed to his villain to enfranchise him by this word (Manumittere) The manner of manumitting in old time was thus: The Lord in presence of his neighbours took the bondman by the head, saying: I will that this man be free, and therewith shoved him forward out of his hands. Manumission implied, is, when the Lord maketh an obligation for payment of money to him at a certain day, or sueth him, where he might enter without suit, or granteth him an annuity, or leaseth land unto him by deed, for years, or for life, and such like.  
Manutenentia, is the writ used in case of maintenance, Register original, fol. 182. & 189. See Maintenance.  
Marches (Marchia) be the bounds and limits between us and Wales, or between us and Scotland. anno. 24. Henry 8. cap. 9 Camd. pag. 453. & 606. and the marches of Scotland are divided into west and middle marches anno 4. H. 5. ca 7. & anno 22. Ed. 4. cap. 8. It seemeth to be borrowed from the Germane (March. i limbs) Camd. Britan. pag. 27. or it may be from the French (mark. i. signum) being the notorious distinction of two divers countries or territories. It is used in the statute anno 24. Hen. 8. ca 12. generally for the precincts of the King's dominions.  
Marchers, be the noble men dwelling on the Marches of Wales or Scotland: who in times past (as M. Camden saith, pag. 453.) had their private laws, much like as if they had been Kings, which now be worn out. Of these Marchers you may read, anno 2. H. 4. cap. 18. & anno 26. Hen. 8. cap. 6. & anno 1. Ed. 6. cap. 10. where they are called Lord Marchers. See anno 27. Hen. 8. cap. 26. how these were extinguished.  
Mareshall (Mariscallus) is a French word, signifying as much as Tribunus Celerum, or Tribunus militum with the ancient Romans, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tiraquel. de Nobilitate, ca 8. p. 42. nu. 17. The french word may seem also (among many other that they have, to proceed from the Germane Marschalk. i. equitum magister. which Hotoman in verbis feudalibus, verbo Marschalkus, deriveth from the old word (March) signifying a house, with whom agreeth Lupanus, de Magistratibus Eranciae, lib. pri. ca Marcshallus. Others make it of these two Saxon words. (Mar. i equus and scalch. i. praefectus) or as M. Verstegan saith, from (Mare) the general appellation of all horses, as horse) is now in English, and (Scalc) which, in the ancient language of the Netherlanders, he affirmeth to signify a kind of servant, as Scalco, doth at this day among the Italians, being originally a Dutch word. with us there be divers officers of this name: but one most noble of all the rest, who is called Lord or Earl Martial of England, of whom mention is made in divers statutes, as anno. 1. H. 4. ca 7. & 14. & anno. 13. Rich. 2. ca 2. His office consisteth especially in matters of war and arms, as well with us as in other countries. whereof you may read in Lupanus ubi supra. and Tilius. li. 2. ca de Conestabili, Mariscallo. etc. But he that will know the office of our Lord Marshal, had need beside the few statutes which concern him, to read his commission, and also to have acces to the Heradls, who out of their antiquities are able to discover much, that by prescription belongeth unto this office. The next to this is the Marshal of the King's house, whose especial authority is, according to Britton and M. Gwin in the preface to his reading, in the King's place to hear and determine all pleas of the Crown, and to punish faults committed within the verge, & to hear and determine suits between those of the king's household, and others within the verge. Cromptons' Iurisdict. fol. 102. of him you may read Fitzh. nat. br. fol. 241. B. and anno. 18. Ed. 3. statut. 2. ca 7. & anno 27. Ed. 3. stat. 2. c. 6. & an. 2. H. 4. c. 23. & a. 15. H. 6. c. 1. Fleta saith, that the office of the Marshal of the king's house belongeth to the Earl of Northf. in fee, and that he may appoint (with the King's consent) a Knight under him to execute the office. which office he also describeth to be especially to execute the judgements & decrees of the Steward, & to have the keeping of the prisoners. li. 2. cap. 4. and read farther of his office in the 5. chapter of the said book, which is to dispose of the Lodging in the King's household under the Chamberlain, and to clear the Verge of strumpets, etc. anno 5. Hen. 3. statut. 5. Then be there other inferior officers of this name: as Marshal of the justices in Eyre, anno 3. Ed. 1. ca 19 Martial of the King's bench, anno 5. Ed. 3. ca 8. and this is he which hath the custody of the prison, called the King's bench in Southwark. Fitzh. nat. br. fol. 251. I. And these inferior Marshals be either ad placitum, or in fee, kitchen. fol. 143. I find also in Fleta li. 2. ca 15. mention of a Marshal of the King's hall, whose office is, when the tables be prepared and clothes laid, to call out both those of the household and strangers, according to their worth, and decently to place them, to reject unworthy persons, to know the number of the hall, and to testify it at the next account, to see dogs kept out, to save the alms from filching, to see silence kept, and every man competently served with meat and drink, and when the court removeth, to appoint every one of the household his lodging. There is also a Marshal of the esche quer, anno. 51. H. 3. sta. 5. to whom the court committeth the custody of the king's debtor during the term time, to the end they may be farther imprisoned, if they clear not their debts. He also assigneth Shyreeves, escheators, customers, and collectors, their auditors before whom they shall account. He hath all inquisitions taken before escheators virtute officii, delivered unto him, to be delivered by him to the treasurers Remembrancer.  
Mareshalsee (Marescaltia) is the Court of the Marshal or (word for word) the seat of the Marshal, of whom see Cromptons' Iurisdict. fol. 102. It is also used for the prison in Southwark, the reason whereof may be, because the Marshal of the king's house was wont perhaps to sit there in judgement. See the statute anno 9 R. 2. cap. 5. & anno 2. Hen. 4. ca 23.  
Martial law, is the law that dependeth upon the voice of the king, or the king's leivetenent in wars. For how be it, the king for the indifferent and equal temper of laws to all his subjects, do not in time of peace make any laws but by the consent of the three estates in Parliament: yet in wars by reason of great dangers rising of small occasions, he useth absolute power: in so much as his word goeth for law. And this is called Martial law. Smith de repub: Angli: li. 2. c. 3. See Law of arms.  
Marriage (Maritagium) signifieth not only the coupling together of man and wife, but also the interest of bestowing a ward or a widow in marriage. Magna charta, ca: 6. anno 9 Herald 3. and Bracton lib. 2. ca 3. and also it signifieth land given in marriage, Bracton li. 2. ca 34. & 39 And in this signification the same author saith, that Maritagium est aut liberum aut seruitio obligatum. li. 2. ca 7. nu. 3. & 4. Liberum maritagium dicitur, ubi donator vult, quòd terra sic data, quieta sit & libera ab omni seculari seruitio, quod ad Dominum feudi possit pertinere; et ita quòd ille, cui sic data fuerit, nullum omninò inde faciat seruitium usque ad tertium haeredem, & usque ad quartum gradum: ita quòd tertius heres sit inclusivus. See the rest. See also Skene de verbo. significatione, verbo Maritagium, who is worth the reading.  
Maritagio amisso per defaltam, is a writ for the tenant in frank marriage, to recover lands, etc. whereof he is deforced by another. Regist. fol. 171.  
Maritagio forisfacto, is a writ. See Forisfactura Maritagii.  
Mark, (merca) cometh of the Saxon (Mearc) which signifieth a piece of money worth thirty silver pence. Lamb. explicat. of Saxon words. verbo, Mancusa: what it now signifieth in our coin every man knoweth. But in ancient times I find a merke of gold, which was the quantity of eight ounces. Stows annals. pag. 32. and again, pag. 691. 12. merkes of gold Troy weight, the which was 200. pounds of English money, after which rate every merke valued 16. pounds, 13. shillings, 4. pence. M. Skene de verbor. signific. verbo, Merke. saith, that in tractatu de ponderibus & mensuris, a Mercke signifieth an ounce weight, or half a pound, whereof the dram is the eighth part, like as the ounce is the eighth part of a mark: citing Cassanaeus de consuet. Burgund. Rub. prim. §. 7. verbo. Solz Turnoy. hiis verbis. Solidus (inquit) in iure capitur pro auro, quorum 72. faciunt libram auri, & duodecim uncia faciunt libram, & octo unciae mercan.  
Market (mercatus) cometh of the French (march. i. emporium, forum nundinarium) it signifieth with us, the same thing, and also the liberty or privilege whereby a town is enabled to keep a market. Old nat. br. fol. 149. So doth Bracton use it, lib. 2. cap. 24. num. 6. & lib. 4. cap. 46. where he showeth, that one market ought to be distant from another sex lencas & dimidiam, & tertiam partem dimidiae. The reason thereof both he and Fleta giveth in these words: Quia omnes rationabiles dietae constant ex 20. milliaribus. Dividatur ergo dieta in tres parts: prima autem matutina detur euntibus versus mercatum: secunda detur ad emendum & vendendum: quae quidem sufficere debet omnibus, nisi sint forte mercatores statarii qui merces deposuerint & exposuerint venales, quibus necessaria erit prolixior mora in mercatu: & tertia pars relinquitur redeuntibus de mercatu ad propria. Et quaequidem omnia necesse erit facere de die, non de nocte, propter infidias & incursum latronum, ut omnia sint in tuto, etc. lib. 4. cap. 28. §. Item refert.  
Marle, is a kind of stone or chalk, which men in divers countries of this Realm, cast upon their land to make it the more fertile. It is some where called Malin. anno 17. Edvard. 4. cap. 4.  
mark, seemeth to be a French word signifying notam, vel signum, or else to come from the Germane (march. i limbs) it signifieth in the ancient statutes of our land, as much as reprisals, as anno 4. H. 5. cap. 7. Marks and Reprisals are used as synonyma. And letters of mark are found in the same signification in the same chapter. The reason may be, because ●●e griefs whereupon these le●●rs are sought and granted, are commonly given about the ●ounds and limits of every country: or at least the remedy for the same is likest there to be had by some sudden inroad, & happing of such recompense of the injury received, as may most conveniently be lighted upon. See Reprisals. See Marches.  
Marquis (Marchio) by the opinion of Hotom. verbo Marchio, in verbis feudalibus, cometh of the Germane March. i limbs, signifying originally as much as (Custos limitis) or (Comes & praefectus limitis) of these Zasius thus writeth: de Marchione nihil compertum est, nisi quod Gothicum vocabulum putamus. And afterward thus: Huiusmodi Marchionum (sive ut nos appellamus) Margraphiorum origo in limitaneos, praepositos, sive duces referenda: Margraphis dicti quòd limitibus, quos vulgò marken appellamus, graphii, id est praepositi fuerunt, etc. For in those territories, that have naturally no bounds of great strength or defence, there is need of wise and stout men toward their borders, for the keeping out of neighbour enemies. But here in England though we have a Lord warden of the marches northward, and a warden of the cinque ports toward the south east, and were wont to have Lo. Marchers between us and Wales, that served this turn, yet those which we call Marquises, are lords of more dignity, without any such charge: and are in honour and account next unto Dukes. At this day I know but one in England, and that is the Marquis of Winchester, being of that noble family of the Powlets. See Cassanaeus de consuetud. Burg. pag. 15.  
Marrow, was a lawyer of great account, that lived in Henry the seventh his days, whose learned readings are extant, but not in print. Lamb. Eiren. li. pri. cap. 1.  
Marterns, see Fur.  
Master of the Rolls (Magister rotulorum) is an Assistant unto the Lord chancellor of England in the high court of Chancery, and in his absence heareth causes there, and giveth orders. Crompt. Iurisd. fol. 41. His title in his patent (as I have heard) is Clericus paruae bagae, custos rotulorum & domus conversorum. This domus conversorum, is the place where the rolls are kept, so called because the jews in ancient times, as they were any of them brought to christianity, were bestowed in that house separately from the rest of their nation. But his office seemeth originally to have sprung, from the safe keeping of the Rolls or records of inditements passed in the king's courts, and many other things. He is called clerk of the rolls, anno 12. R. 2. ca 2. and in Fortescue his book, cap. 24. and no where master of the rolls, until anno 11. Hen. 7. cap. 20. and yet anno 11. einsdem, cap. 25. he is also called clerk. In which respect, Sir Thomas Smith, li. 2. ca 10. de Repnb. Angl. well saith that he might not unfitly be called (Custos Archivorum). He seemeth to have the bestowing of the offices of the six clerks. anno 14. & 15. Hen. 8. cap. 8.  
Master of the mint, anno 2. Hen. 6. cap. 14. he is now called the Warden of the mint, whose office, see in Mint.  
Master of the court of Wards and Liveries, is the chief and principal officer of the court of wards and liveries, named and assigned by the king, to whose custody the seal of the court is committed. He at the entering upon his office, taketh an oath before the Lord chancellor of England, well and truly to serve the King in his office, to minister equal justice to rich & poor, to the best of his cunning, wit, and power, diligently to procure all things, which may honestly and justly be to the king's advantage and profit, and to the augmentation of the rights and prerogative of the crown, truly to use the kings seal appointed to his office, to end eavour to the uttermost of his power, to see th' 〈…〉 king justly answered of all suc 〈…〉 profits, rents, revenues, a 〈…〉 issues as shall yearly rise, grow, or be due to the king in his office from time to time, to deliver with speed such as have to do before him, not to take or receive of any person any gift or reward in any case or matter depending before him, or wherein the king shall be party, whereby any prejudice, loss, hindrance, or disherison shall be or grow to the king, a. 33. H. 8. c. 33. Master of the horse, is he that hath the rule and charge of the king's stable, being an office of high account, and always bestowed upon some Noble man both valiant and wise. This Officer under the Emperors of Rome, was called (comes sacri stabuli.) The Master of the horse is mentioned. anno 39 Eliz. cap. 7. & anno prim. Ed. 6. cap. 5.  
Master of the posts, is an Officer of the King's court, that hath the appointing, placing, and displacing of all such through England, as provide post horse for the speedy passing of the king's messages and other business, in the through-fayre towns where they dwell: as also to see that they keep a certain number of convenient horses of their own, and when occasion is, that they provide others, wherewith to furnish such, as have warrant from him to take post horses, either from or to the seas, or other borders, or places within the Realm. He likewise hath the care to pay them their wages, and make their allowance accordingly, as he shall think meet. This officer is mentioned, anno 2. Ed. 6. cap. 3.  
Master of the armory, is he that hath the care and oversight of his majesties armour for his person or horses, or any other provision or store thereof in any standing Armouries: with command, and placing or displacing of all inferior Officers thereunto appertaining. Mention is made of him. anno 39 Eliz. cap. 7.  
Master of the jewel house, is an Officer in the King's household, of great credit, being allowed budge of court, that is, diet for himself and the inferior Officers. viz. Clerks of the jewel house, and a special lodging or chamber in court, having charge of all plate of gold, of silver double or parcel guilt, used or occupied for the Kings or Queen's board, or to any Officer of account attendant in court, and of all plate remaining in the Tower of London, of chains and loose jewels not fixed to any garment. Mention is made of this Officer anno 39 Eliz. cap. 7.  
Master of the King's household,, (magister hospitii) is in his just title called grand Master of the King's household, and beareth the same office that he did, that was wont to be called Lord Steward of the kings most honourable household. anno 32. H. 8. ca 39 Whereby it appeareth, that the name of this Officer was then changed, and Charles Duke of Suffolk, Precedent of the King's Council, then enjoying that office, was so to be called ever after, so long as he should poffesse that office.  
Master of the Ordinance. anno 39 El. cap. 7. is a great Officer, to whose care all the King's Ordinance and Artillery is committed, being some great man of the Realm, and expert in marshal affairs.  
Master of the Chancery (Magister Cancellariae) is an assistant in Chancery to the Lord chancellor or Lord Keeper of the broad seal in matters of judgement. Of these there be some ordinary, and some extraordinary: of ordinary there be twelve in number, whereof some fit in court every day through each Term, and have committed unto them (at the Lord Chauncelers discretion) the interlocutory report, and sometimes the final determination of causes there depending.  
Master of the King's musters, is a martial officer in all royal armies most necessary, as well for the maintaining of the forces complete, well armed and treined, as also for prevention of such frauds, as otherwise may exceedingly waste the Prince's treasure, and extremely weaken the forces. He hath the oversight of all the captains and bands, and aught to have at the beginning delivered unto him by the Lord General, perfect lists and rolls of all the forces both horse and foot, Officers, etc. with the rates of their allowances signed by the Lord General, for his direction and discharge, in signifying warrants for their full pay. This Officer is mentioned in the statue, anno 2. Ed. 6. cap. 2. and Muster master general, anno 35. Eliz. cap. 4. who so desireth to read more of him let him have recourse to Master Digs his Stratioticos.  
Master of the Wardrobe (magster garderobae) is a great and principal officer in Court, having his habitation and dwelling house belonging to that office, called the Wardrobe near Puddle-wharf in London. He hath the charge and custody of all former Kings and Queen's ancient robes, remaining in the Tower of London, and all hangings of Arras, Tapestry, or the like, for his majesties houses, with the bedding remaining in standing wardrobes, as Hampton court, Richmond, etc. He hath also the charging and delivering out of all either Velvet or Scarlet allowed for liveries, to any of his majesties servants of the privy chamber, or others. Mention is made of this officer. anno. 39 Eliz. ca 7.  
Mater in deed, and matter of record, are said to differ. old. nat. br. fol. 19 where matter in deed, seemeth to be nothing else, but a truth to be proved, though not by any Record: and matter of Record, is that which may be proved by some Record. For example, if a man be siewed to an exigent, during the time he was in the king's wars, this is matter in deed, and not matter of record. And therefore (saith the book) he that will allege this for himself, must come, before the Scire facias for execution be awarded against him. For after that, nothing will serve but matter of Record; that is, some error in the process appearing upon the Record. Kitchen fol. 216. maketh also a difference between matter of Record, and a speciality, and nude matter; where he faith, that nude matter is not of so high nature, as either a matter of Record or a speciality, otherwise there called matter in deed; which maketh me to think, that nude matter is a naked allegation of a thing done, to be proved only by witnesses, and not either by Record, or other speciality in writing under seal.  
Maugre, is shuffied up of two French words (Malipiero) and (Gre) id est, animo iniquo) it signifieth with us as much as in despite, or in despite of ones teeth. as the wife maugre the husband, Litleton fol. 124. that is, whether the husbund will or not.  
Mean (Medius) signifieth the middle between two extremes, and that eitherin time or dignity. Example of the first: His action was mean betwixt the disseisin made to him and his recovery: that is in the interim. Of the second there is Lord Mean and Tenent. See Mesn.  
mess (Mesuagium) seemeth to come of the French (Maison) or rather (Meix) which word I find in Cassanaeus de consuetu. Burgund. pag. 1195. and interpreted by him Mansus: what Mansus is, see Mansion. It signifieth a house. Kitchen fol. 239. and Fitzh. nat. br. fol. 2. C. See Mesuage.  
Medlefe. Cromptons' justice of peace, fol. 193. is that which Bracton calleth (medletum) It. 3. tract. 2. ca 35. It seemeth to signify quarrels, scuffling, or brawling, & to be derived from the French (mesler). i. miscere, turbare  
Mere (Merus) though an adjective, yet is it used for a substantine, signifying mere tied. Owld nat. br. fol. 2. in these words. And know ye, that this writ hath but two issues: that is to say, joining the mice upon the mere: And that is, to put himself in the great assize of our Soverainge Lord the King, or to join battle. See Miso.  
Mesurement. See Admesurement.  
Medietas linguae, signifieth an inquest empaneled upon any cause, whereof the one half consisteth of Denizens, the other of strangers. It is called in English the half tongue, and is used in pleas, wherein the one party is a stranger, the other a denizen. See the statute, anno 28. Ed. 3. ca 13. &. anno, 27. eiusdem, statu: 2. ca 8. commonly called the statute of the Staple. & anno. 8. H. 6. ca 29. &. anno. 2. Herald 5. ca 3. &. anno. 11. Herald 7. ca 21. &. anno. 1. &. 2. Phi. &. Mar. ca 8. And before the first of these statutes was made, this was wont to be obtained of the King by grant made to any company of strangers, as Lombard's, Almains, etc. Stawnf. pl. cor. lib. 3. ca 7.  
Medio acquietando, is a writ judicial, to distrain a lord for the acquitting of a mean Lord from a rent, which he formerly acknowledgeth in court not to belong unto him. Register judicial, fol. 29. b.  
Melius inquirendo, is a writ that lieth for a second inquiry, as what lands and tenements a man died seized of, where partial dealing is suspected upon the writ, Diem clausit extremum. Fitzh. nat. br. fol. 255.  
Merchenlage, was one of the three sorts of laws, out of which the Conqueror framed laws unto us, mingled with those of Normandy. Camd. Britan. pag. 94. who also, pag. 103. showeth that in the year of our lord 1016. this land was divided into three parts, whereof the west Saxons had one, governing it by the laws called West Saxon laws, and that contained these nine shires, Kent, Southsex, South. rey, Berkshire, Hamshire, Wiltshire. Somerset, Dorset and Devonshire. the second by the Danes, which was governed by the laws called Denelage, and that contained these fifteen shires, York, Derby, Nottingham, Leycester, Lincoln, Northampton, Bedford, Buckingham, Hertford, Essex, Midlesex, Northf. Southf. Cambridge, Huntingdon. The third was possessed and governed by the Mercians, whose law was called Merchenlage. which were these eight, Gloucester, Worcester, Hereford, Warwick, Oxenford, Chester, Salop, and Stafford. See Law.  
Mercy (Misericordia) signifieth the arbitrement or discretion of the King or Lord, in punishing any offence, not directly censured by the law. As to be in the grievous mercy of the king. anno 11. H. 6. cap. 6. is to be in hazard of a great penalty. See Misericordia.  
Measondue, (domus Dei) cometh of the French (maison de dien) by which names divers Hospitals are named. You find the word, anno 2. & 3. Philip. & Mar. cap. 23. in fine.  
Mese, See mess.  
Mesn (medius) seemeth to come from the French (mainsnè. i. minor natu) it signifieth in our common law, him that is lord of a manner, and thereby hath tenants holding of him, yet holding himself of a superior Lord. And therefore it seemeth not absurdly to be drawn from the French (mainsnè) because the Lordship is created after the higher, whereof he holdeth. Mesn also signifieth a writ, which lieth where there is Lord, mesn, and tenant, the tenant holding of the mesn by the same services, whereby the mesn holdeth of the Lord, and the tenant of the mesn is distrained by the superior lord, for that his service or rent, which is due to the mesn. Fitz. nat. br. fol. 135. See mesnalty.  
mesnalty (medietas) cometh of Mesn, and signifieth nothing but the right of the mesn: as, the mesnalty is extinct. old net. br. fol. 44. if the mesnalty descend of the tenant. Kitchen fol. 147. For farther understanding whereof, take these words out of the customary of Norm. Medietate tenentur feuda, quando aliqua persona intervenit inter Dominum & tenentes. Et hoc modo tenent omnes post nati, mediant ante nato.  
Messenger of the Exchequer, is an Officer there, of which sort there be four in that court, that be Pursuyvants attending the lord Treasurer, to carry his letters and precepts. See Pursuyvant.  
Mesuage (mesuagium) is a dwelling house. West part. 2. symbol. titulo. Fines. sect. 26. But by the name of a mesuage may pass also a Curtilage, a garden, an orchard, a dove house, a shop, a mill, as parcel of an house, as he himself confirmeth out of Bracton. lib. 5. cap. 28. sect. prim. and Plowden fol. 199. 170. 171. and of himself he avoucheth the like of a cottage, a tossed, a chamber, a cellar, etc. yet may they be demanded by their single names. Mesuagium in Scotland, signifieth the principal dwelling place or house within a Barony, which in our land is called a maner-house. Skene de verb. significat. verbo, Mesuagium, where he citeth Vaientine Leigh, that in his book of Survey he affirmeth Mesuagium to be the tenement or land earable, and the dwelling house or place, or court hall thereof, to be called the site, in Latin called Situs.  
Mile (milliare) is a quantity of a thousand paces, otherwise described to contain eight furlongs, and every furlong to contain forty lugs or poles, and every lugger or pole to contain 16. foot and a half. anno 35. El. cap. 6.  
Mildernix. anno 1. jacob. cap. 24.  
Mindbruch, is hurting of honour and worship. Saxon in his description of Engl. cap. 71.  
Miniver. See Fur.  
Minovery. anno 7. R. 2. cap. 4. seemeth to be compounded of two French words (main. i. manus and (ovurer. i. operari) and to signify some trespass or offence committed by a man's handy work in the Forest, as an engine to catch Dear. Britton useth the verb (Meinoverer) for to occupy and manure land. cap. 40. and cap. 62. mainoure, for handiwork. It is not unlike, that our English (manure) is abbreviated of the French.  
Mint, cometh of the German word, (meunk. i. pecunia, moneta) and it signifieth with us, the place where the king's coin is form, be it gold or silver, which is at this present, and long hath been, the Tower of London, though it appear by divers stories, and other anticuities, that in ancient times the mint hath been also at C●leis, an. 21. R. 2 cap. 16. & anno 9 Hen. 5. stat. 5. cap. 5. The Officers belonging to the mint, have not been always alike. At this present they seem to be these: The Warden, who is the chief of the rest, and is by his office to receive the silver of the Goldsmiths, and to pay them for it, and to oversee all the rest belonging to this function. His fee is an hundred pounds per annum. The master-worker, who receiveth the silver from the Warden, causeth it to be melted, and delivereth it to the moniers, and taketh it from them again, when it is made. His allowance is not any set fee, but according to the pound weight. The third, is the Controller, who is to see that the money be made to the just assize, to oversee the officers, and control them, if the money be not as it ought to be: his fee is 100 merkes per annum. Then is the Master of the Assay, who weigheth the silver, and seeth whether it be according to standard: his yearly fee is also an hundred merkes. Then is the Auditor to take the accounts, and make them up Auditor-like. Then is the Surveyor of the melting, who is to see the silver cast out, and not to be altered after it is delivered to the melter: which is after the Assay-master hath made trial of it. Then is the Clerk of the Irons, who seeth that the Irons be clean, and fit to work with. Then the Graver, who graveth the stamps for the moneys. Then the smiters of Irons, who after they be graven, smiteth them upon the money. Then the Melters, that melt the Bullion, before it come to the coining. Then the Blanchers, who do aneale, boil, and cleanse the money. The Porter, who keepeth the gate of the mint. The Provost of the mint, who is to provide for all the monyers, and to oversee them. Lastly, the monyers, who are some to shear the money, some to forge it, some to beat it abroad, some to rounnd it, some to stamp or coin it. Their wages is not by the day or year, but uncertain, according to the weight of the money coined by them. Other officers that have benein former time, are said now to be out of use.  
Misaventure, or misadventure, cometh near the French (mesaduenture. i. infortunium.) In our common law, it hath an especial signification for the kill of a man, partly by negligence, and partly by chance. As if one thinking no harm, dissolutely throweth a stone, where with he killeth another: or shooteth an arrow, etc. For in this case he committeth not felony, but only looseth his goods, and hath pardon of course for his life. Stawn. pl. cor. li. 1. ca 8. Britton ca 7. distinguisheth between Adventure and misaventure. Adventure he maketh to be mere 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 be burned to death. Misaventure he maketh, where a man cometh to his death by some outward violence, as the fall of a tree, or of a gate, the running of a cartwheele, the stroke of a horse, or such like. So that misaventure in Stawnfords opinion, is construed somewhat more largely, than Britton understandeth it. West part. 2. Symbol. titulo Indictment, sect. 48. maketh homicide casual, to be merely casual or mixed. Homicide by mere chance, he defineth sect. 49. to be, when a man is slain by mere fortune, against the mind of the killer; as if one hewing, the axe flieth of the haste, and killeth a man. And this is all one with Brutons misaventure. Homicide by chance mixed he defineth sect. 50. to be, when the killers ignorance or negligence is joined with the chance: as if a man lop trees by an high way side, by which many usually travel, and cast down a bowgh not giving warning, etc. by which bowgh a man passing by is slain.  
Miscontinuance, Kitchen fol. 231. See Discontinuance.  
Mice (misa) is a French word signifying as much as (expensum) in latin, and the latin word (Misa) is so used in Kitchen fol. 144. and in West. part. 2. Simbol. titulo, Proceedings in chancery, sect. 21. F. It is used anno 2. & 3. Ed. 6. ca 36. for a some of money paid by the King's tenants in certain counties in Wales according to their several customs. In the statute 33. H. 8. ca 13. it is used plurally, for certain custumary gratuities sent to to the Lord Marchers of Wales, by their tenants, at their first coming to their lands. And anno 4. & 5. Phil. & Mar. ca 11. mice is used in an action of right or property, for the point whereupon the parties proceed to trial, either by Assize or battle: as issue is in an action personal; if the Mice be upon battle. Litleton fol. 102. and in the old nat. br. fol. 〈◊〉. you have these words. Know yea that this writ hath but two issues: that is to say, joining the mice upon the mere, and that is, to put himself into the great Assize of our sovereign Lord the King, or to join battle, See anno 37. Ed. 3. ca 16. To join the mice upon the mere, is as much to say, as to join the mice upon the clear right, and that in more plain terms is nothing else, but to join upon this point, whether hath the more right, the tenant or demaundant. Litleton. li. 3. ca 8. foll. 101. b. This word in some other place is used for a participle, signifying as much as (cast or put upon) in english, which appeareth by S. Ed. Coke report in Saffins' case. vol. 6. fo. 124. a.  
Misericordia, is used in the common law, for an arbitrary punishment. Bracton li. 4. tracta. 5. ca 6. in these words. Item siquis in misericordiam inciderit pro disseisina, non remanebit misericordia exigenda, si ille qui ●miserit, quaesiverit convictionem. kitchen. fol. 78. out of Glanuile saith thus, Est autem misericordia, quia quis per juramentum legalium hominum amerciatus est, ne aliquid de suo honorabili contenemento amitta●, which saying you have in a manner word forword in Glanvile, lib. 9 cap. 11. Fitzherbert saith, that it is called misericordia, because it ought to be very moderate, and rather less than the offence, according to the tenure of the great charter. cap. 14. This saith Fitz. in his nat. br. in the writ De moderata misericordia, fol. 75. A. I. Misericordia is to be quit of Misericors, that is, to be discharged of all manner of amercements, that a man may fall into within the Forest. Crompton. Iurisd. fol. 196. See Amerciament. See Mercy, and Moderata misericordia.  
Miskenning. i. changing of speech in court. Saxon in the description of Engl. cap. 11.  
Misnomer, is compounded of the French (mes) which in composition always signifieth as much as (amiss) and (nomer. i. nominare.) It signifieth in our common law, the using of one name for another, or mis-tearming. Broke, titulo Misnomer.  
Misprision (Misprisio) cometh of the French (Mespris. i. fastidium, contemptus,) it signifieth in our common law, neglect, or negligence, or oversight: As for example, Misprision of treason, or of felony, is a neglect or light account showed of treason or felony committed, by not revealing it, when we know it to be committed; Stawnf: pl. cor. li. 1. ca 19 which read at large: or by letting any person committed for treason or felony, or suspicion of either, to go before he be indicted. Also Misprision of Clerks, anno. 8. Herald 6. ca 15. is a neglect of Clerks in wrighting, or keeping records. Thirdly, anno. 14. Ed. 3. ca 6. statu. pri. by misprision of Clerks no process shallbe admitted. Misprision of treason, is the concealment, or not disclosing of known treason, for the which the offenders are to suffer imprisonment during the King's pleasure, lose their goods, and the profits of their lands, during their lives. Crompton in his justice of peace. cap. Misprision of felony, fol. 40. West. part 2. symbol. titulo Inditements, sect. 63. in siue. Misprision of felony, seemeth only finable by the justices, before whom the party is attainted. Crompton. justice of peace, ubisupra. The justices of the common place have power to assess fines and amerciaments upon persons offending for misprisions, contempts, or negligences, for not doing, or misdoing any thing, in or concerning fines. West part 2. symbol. titulo Fines. sect. 133. justices of Assize shall amend the defaults of Clerks misprising of a syllable or letter in writing. Cromptons' Iurisd. fol. 208. But it is to be noted, that other faults may be accounted misprisions of treasons or felony, because certain later statutes do inflict that punishment upon them, that of old hath been inflicted upon misprisions. whereof you have an example. anno 14. El. ca 3. of such as coin foreign coins not current in this Realm, and of their procurers, aiders, and abetters. And see the new exposition of law Termes. Misprision signifieth also a mistaking, anno 14. Ed. 3. stat. pri. ca 6.  
Misses, See Miso.  
Misuser, is an abuse of liberty or benefit: As, he shall make fine for his misuser. old. nat. br. fol. 149.  
Mystery (mysterium) cometh of the latin (Mysterium) or rather from the French (Mestier. i. ars, artificium) an art or occupation.  
Mittendo manuscriptum pedis finis, is a writ judicial, directed to the Treasurer and Chamberlains of the Exchequer, to search and transmit the foot of a fine, acknowledged before justices in Eyre, into the common pleas, etc. Register. fol. 14. a. b.  
Mittimus, signifieth a precept sent by the King out of his Bench, to those that have the custody of fines levied, that they send them by a day assigned to his Bench, West part 2. symbol. titulo Eynes sect. 138. F. & 154. B. and also to the Exchequer for certificate that judgement is given for the livery of lands to such or such a one, out of the King's hands: whereupon he is dismissed also out of the exchequer, a. 5. R. 2. c. 15. of divers other uses and applications of this (Mittimus) see the Register original in the table of the book.  
Moderata misericordia, is a writ that lieth for him that is amersed in court Baron or other, being not of Record, for any transgression or offence beyond the quality of a fault. It is directed to the Lord of the court, or his Bailiff, commanding them to take a moderate amerciament of the party: and is founded upon Magna charta, ca 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti, etc. The rest touching this writ, see in Fitzh. nat. br. fol. 75. See Misericordia.  
Modo & forma, are words of art in a process, and namely in the answer of the defendant, whereby he denieth himself to have done the thing laid to his charge, modo & forma declarata. Kitch. fol. 232. It signifieth as much, as that clause in the civil law, Negat allegata, prout allegantur, esse vera.  
Moitye, cometh of the French (Moitiè) id est, coaequa vel mediapars) and signifieth the half of any thing, Litleton. fol. 125.  
Monk's clothes, anno 20. Hen. 6. cap. 10.  
Moniers (Monetari●) Register. original. fol. 262. b. & anno 1. Ed. 6. ca 15. be ministers of the Mint, which make and coin the King's money. It appeareth by some antiquity which I have seen that in ancient times our kings of England had mints in most of the countries of this Realm. And in the tractate of the Exchequer, written by Ockham, I find, that whereas the shreeves ordinarily were tied to pay into the Exchequer the king's sterling, for such debts as they were to answer, they of Northumberland, and Cumberland, were at liberty to pay in any sort of money, so it were silver. And the reason is there given, because those two shires, monetarios de antiqua institutione non habent.  
Monstrance de droyt, is as much to say, as showing of his right. It signifieth in our common law, a sulte in Chancery to be restored to lands or tenements, that indeed be mine in right, though they were by some office found to be in possession of another lately dead. See Stawnf. praerog. ca 21. at large, and Brook, titulo Petition. of this also read Sir Edward Cooks reports, lib. 4. fol. 54. b. etc. the Wardens of the Saddler's case.  
Monstraverunt, is a writ that lieth for tenants that hold freely by charter in ancient Demean, being distrained for the payment of any tolle or imposition, contrary to their liberty, which they do or should enjoy, which see in Fitzh. nat. br. fol. 14.  
Morian, is all one in signification with the french (Morion. i. cassis) a head piece: which word the french man borroweth from the Italian (morione) anno. 4. & 5. Phi. &. Ma. ca 2.  
Morlinge, aliâs Mortling. seemeth to be that wool which is taken from the skin of a dead sheep, whether dying of the rot, or being killed. anno. 27. H. 6. ca 2, This is written Morki●. anno. 3. jaco. ca 8.  
Mort d'auncester, See Assize.  
Mortgage (Mortuum vadium, vel Morgagium) is compounded of 2. French words (Mort, id est, mors) and (Gage, id est, pignus, merces) It signifieth in our common law, a pawn of land or tenement, or anything movable, laid or bound for money borrowed, peremptorily to be the creditors for ever, if the money be not paid at the day agreed upon. And the creditor holding land or tenement upon this bargain, is in the mean time called Tenent in mortgage. Of this we read in the grand customary of Normandy, cap. 113. in these words. Notandum insuper est, quod vadiorum, quoddam viwm, quoddam mortuum nuncupatur. Mortuum autem dicitur vadium, quod se de nihilo redimit & acquietat, ut terra tradita in vadium pro centum solidis, quam cum obligator retrahere volverit, acceptam pecuniam restituet in solidum. Vivum autem dicitur vadium, quod ex suis proventibus acquir atur. Vt terra tradita in vadium pro centum solidis usque ad tres annos, quae, elapso tertio anno, reddenda est obligatori, vel tradita in vadium, quousque pecunia recepta de eiusdem proventibus fuerit persoluta. Glanvile likewise lib. 10. cap. 6. defineth it thus: mortuum vadium dicitur illud, cuius fructus vel reditus interim percepti in nullo se acquietant. So you see by both these books, that it is called a dead gage, because whatsoever profit it yieldeth, yet it redeemeth not itself by yielding such profit, except the whole some borrowed be likewise paid at the day. See M. Skene. de verborum signif. eodem. He that layeth this pawn or gage, is called the Mortgager, & he that taketh it, the Mortgagee. West. par. 2. symb. titulo Fines: sect. 145. This if it contain excessive usury, is prohibited. anno 37. H. 8. c. 9  
Mortmain (Manus mortua) is compounded of two french words (Mort. i mors) and Main. i. manus) It signifieth in the common law, an alienation of lands or tenements to any corporation, guild, or fraternity, and their successors, as Bishops, parsons, vicar's, &c. which may not be done without licence of the king, and the Lord of the manner. The reason of the name proceedeth from this, as I conceive it, because the services and other profits due for such lands, as escheats, etc. come into a dead hand, or into such a hand as holdeth them, and is not of power to deliver them, or any thing for them back again. Magna charta, cap. 36. & anno 7. Ed. prim. commonly called (the statute of Mortmain) and anno 18. Ed. 3. statut. 3. cap. 3. & anno 15. Richard. 2. cap. 5. Polydor. Virgil in the 17. book of his Chronicles, maketh mention of this law, and giveth this reason of the name. Et legem hanc manum mortuam vocarunt, quòd res semel datae collegiis sacerdotum, non utique rursus venderentur, velut mortuae, hoc est, usui aliorum mortalium in perpetuum ademptae essent. Lex diligenter servatur, sic ut nihil possessionum ordini sacerdotali a quoquam detur, nisi Regio permissu. But the former statutes be some thing abridged by anno 39 Elizabeth cap. 5. by which the gift of lands, etc. to Hospitals is permitted without obtaining of Mortmain. Hotoman in his commentaries de verbis feudal. verbo Manus mortua, hath these words. Manus mortua locutio est, quae usurpatur de iis, quorum possessio, ut ita dicam, immortalis est: quia nunquam haeredem habere desinunt. Quâ de causâ res nunquam ad priorem dominum revertitur. Nam manus pro possessione dicitur, mortua pro immortali. Sic municipium dicitur non mori, l. An ususfructus 56. D. de usufr. legate. quoniam hominibus aliis succrescentibus, idem populi corpus videtur. l. proponebatur. 76. D. de judiciis: Haec Hotemanus. & read the rest. Amortizatio, est in manum mortuam translatio Principis jussu. Petrus Belluga in speculo principum: fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam. Idem, eodem. where you may read a learned tractate both of the begicning and nature of this doctrine. To the same effect you may read Cassa. de consuetu. Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif. saith that Dimittere terras ad manum mortuam, est idem atque dimittere ad multitudinem sive universitatem, quae nunquam moritur: idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, seu a contrario sensu, because commonalties never die.  
Mortuary (Mortuarium) is a gift lest by a man at his death, to his parish church, for the recompense of his personal tithes and offerings not duly paid in his life time. And if a man have three or more cattles of any kind, the best being kept for the lord of the fee, as a Heriot, the second was wont to be given to the person in right of the church, cap. statutum. De consuetu. in provincial. Touching this you have two statutes. one anno 13. Ed. pri. commonly called, Circumspectè agatis: whereby it appeareth, that Mortuaries are suable in the court Christian; the other anno 21. H. 8: cap. 6. whereby is set down an order and rate in money for mortuaries.  
Mulier, as it is used in the common law, seemeth to be a word corrupted and used for (Melior) or rather the French (Melieur). It signifieth the lawful issue preferred before an elder brother borne out of matrimony: anno H. 6. cap. 11. Smith de repub. Anglo. lib. 3. cap. 6. But by Glanuile lib. 7: ca pri. the lawful issue seemeth rather (Mulier) then (Melior) because it is begotten (è Muliere) and not (ex Concubmâ). for he calleth such issue filios mulierato●, opposing them to bastards. And Britton cap. 70. hath frere mulier. i. the brother begotten of the wise, opposite to frere bastard. This seemeth to be used in Scotland also, for M. Skene de verborum signify. verbo (Mulieratus filius) saith that Mulieratus filius, is a lawful son begotten of a lawful wife. Quia mulieris appellatione uxor continetur. l. Mulieris 13. & ibid. glossa de verborum significatine.  
Mulmutius laws, See Law.  
Multure (molitura, vel multura) cometh near the French, (moulture) and signifieth in our common law, the tolle that the miller taketh, for grinding of corn.  
Murage, (muragium) is a tolle or tribute to be levied for the building or repairing of public edifices or walls. Fitz. nat. br. fol. 227. D. Murage seemeth also to be a liberty granted by the King to a town, for the gathering of money toward walling of the same. anno 3. Ed. 1. cap. 30.  
Murder (murdrum) is borrowed of the French, (meurtrier. i. carnifex, homicida) or (meurtre. i. internecio, homicidium,) The new expositor of the law terms draweth it from the Saxon word, (mordrens) signifying the same thing. It signifieth in our common law, a wilful and felonious killing of any other upon prepensed malice. anno 52. H. 3. cap. 25. West. part. 2. symbol. titulo, Inditements. sect. 47. Bracton. lib. 3. tract. 2. cap. 15 num. prim. defineth it to be Homicidium, quod, nullo present, nullo sciente, nullo audiente, nullo vidente, clam perpetratur. And of the same mind is Britton. cap. 6. as also Fleta, lib. 1. cap. 30. yet Fleta saith also, that it was not murder, except it were proved the party slain were English, and no stranger. But as Stawnf. saith, pl. cor. lib. 1. cap. 2. the law in this point is altered, by the statute, anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined. When a man upon prepensed malice killeth another, whether secrotly or openly, it maketh no matter: or be he an English man, or a foreigner living under the King's protection. And prepensed malice is here either express or implied: express, when it may be evidently proved, that there was formerly some evil will implied: when one killeth another suddenly, having nothing to defend himself: as going over a style, or such like. Crompton. justice of peace, in the chapter of Murder. fol. 19 b. See M. Skene de verbor. signif. verbo, Murdrum. This by the Latin Interpreter of the grand customary of Normandy, is called multrum. cap. 68 See Were.  
Muster, cometh of the French (moustre. i. specimen, spectamen, exemplum,) as, feire moustre generale de toute son armee, is as much as, lustrare exercitum. The signification is plain. Mustered of record. anno 18. H. 6. cap. 19 seemeth to be dare nomen, or to be enrolled in the number of the king's soldiers. Master of the king's musters. anno. 2. Ed. 6. cap. 2. See Master.  
Muster master general. anno. 35. Eliz. ca 4. See Master of the king's musters.   

N  
NAam (Namium) seemeth to come from the Dutch word (nemmen. i. capio) It signifieth in our common law, the taking or apprehending of another man's movable goods: and is either lawful or unlawful. Lawful naam, is nothing else but a reasonable distress, proportionable to the value of the thing distrained for. And this naam was anciently called either vif or mort, quick or dead, accordingly as it was made of dead or quick chatels. Lawful naam is so, either by the common law, or by a man's particular fact: by the common law, as when one taketh another man's beasts damage seisant in his grounds: by a man's particular fact, as by reason of some contract made, that for default of payment of an annuity agreed upon, it shall be lawful to distrain in such or such lands, etc. Horns mirror of justices. lib. 2. ca de vec de naam. where you may read of other circumstances required in lawful naam: viz: of what thing, or of what things first, in what manner, on what days, and at what hours it ought to be made; with other points worth the reading, for the understanding of our law antiquities. See Withernam.  
Nasse. anno. 4. H. 7. ca 21. seemeth to be the proper name of Orford Haven. Whether it be so termed of the boats or water vessels that lie there or not, let the reader judge. But (nasselle) is in French a kind of small boat.  
Nativo habendo, is a writ that lieth to the shreeve for a Lord, whose vilein claimed as his inheritance, is run from him, for the apprehending and restoring of him to his Lord again. Register orig. fol. 87. Fitzh. nat. br. fol. 77. See Libertate probanda.  
Naturalisation. See Denizen.  
Ne admittas, is a writ that lieth for the plaintiff in a Quare impedit, or him that hath an action of Darrein presentment depending in the common Bench, and feareth that the Bishop will admit the clerk of the defendant, during the suit between them. And this writ must be sued within six months after the avoidance. Because after the six months the Bishop may present by lapse. Register orig. fol. 31. Fitzh. nat. br. fol. 37. where see the rest.  
Negative pregnant (Negativa praegnans) is a negative implying also an affirmative. As is a man being impleaded, to haved one a thing upon such a day, or in such a place, denieth that he did it modo & forma declarata: which implieth never the less, that in some sort he did it. Or if a man be said to have alienated land, etc. in fee, he denying that he hath alienated in fee, seemeth to confess that he hath alienated in some other sort. Dyer. fol. 17. nu. 95. See Brooke hoc titulo and Kitchen, fol. 232. And see the new exposition of law terms. And read also in some Civilians, of Affirmativa praegnans, and that is, quae habet in se inclusivam negativam. Et hoc importare videntur dictiones (Solùm & tantùm, quae implicant negativam) Pacianus. De probationibus. lib. 1. ca 31. nu. 16. fol. 93.  
Neif (nativa) cometh of the French (Naif. i. naturalis, vel nativus) it signifieth in our common law, a bond woman, anno. 1 Ed. 6. ca 3. the reason is, because women become bond rather nativitate, than by any other means.  
Ne in just vexes, is a writ that lieth for a Tenent, which is distrained by his Lord, for other services than he ought to make, and is a prohibition to the Lord in itself, commanding him not to distrain. The especial use of it is, where the tenant hath formerly prejudiced himself by performing more services, or paying more rend without constraint, than he needed. For in this case, by reason of the Lords seisin, he cannot avoid him in avowry: and therefore he is driven to this writ as his next remedy, Register orig. fol. 4. Fitzh. nat. br. fol 10.  
Ne vicecomes colore mandat● Regis quenquam amoveat à possessione ecclesiae minus justè. Register orig. fol. 61.  
Nient comprise, is an exception taken to a petition as unjust, because, the thing desired, is not contained or comprehended in that act or deed, whereupon the petition is grounded. For example, one desireth of the court, to be put in possession of a house formerly among other lands &c. adjudged unto him. The adverse party pleadeth, that his petition is not to be granted, because though he had a judgement for certain lands and houses: yet the house into the possession whereof he desireth to be put, is not contained among those for the which he had judgement. See the new book of Entries. titulo, Nient comprise. This seemeth to be especially to hinder execution.  
Nifle, anno 3. Ed. 4. cap. 5.  
Nihil. anno. 5. R. 2. stat. pri. cap. 3. is a word set upon a debt illeviable, by the foreign Apposer in the Exchequer.  
Nohil dicit, is a failing to put in answer to the plea of the plaintiff by the day assigned, which if a man do commit, judgement passeth against him, as saying nothing why it should not.  
Nisi prius, is a writ judicial, which lieth in case, where the inquest is paneled, and returned before the justices of the Bank, the one party or the other making petition, to have this writ for the case of the country. It is directed to the shreeve, commanding that he cause the men impaneled to come before the justices in the same county, for the determination of the cause there, except it be so difficult, that it need great deliberation. In which case it is sent again to the Bank, v. anno 14. Ed. 3. cap. 15. The form of the writ, see in old. nat. br. fol. 159. and in the Regist. indic. fol. 7. & 28. & 75. See the new book of Entries, verbo, Nisi prius. And it is called (Nisi prius) of these words comprised in the same, whereby the shreeve is willed to bring to Westminst. the men impaneled at a certain day, or before the justices of the next Assizes: nisi die Lunae apud talem locum prius venerint, etc. whereby it appeareth, that justices of Assizes, and justices of (nisi prius) are differing. And justices of (nisi prius) must be one of them, before whom the cause is depending in the Bench, with some other good man of the County associated unto him. Fitz. nat. br. fol. 240. E. which he taketh from the Statute of York. ann. 12. Ed. 2. See Westm. 2. cap. 30. anno 13. Ed. prim. & anno 27. eiusdem. cap. 4. & anno 2. Ed. 3. cap. 17. & anno 4. eiusdem, cap. 11. & anno 14. eiusdem cap. 16. & anno 7. Rich. 2. cap. 7. & anno 18. Eliz. cap. 12.  
Nobility (nobilitas) in England compriseth all dignities above a Knight. So that a Baron is the lowest degree thereof. Smith de Repub. Anglor. lib. prim. cap. 17. Bartolus in his Tractate De Nobilitate, which he compiled upon the law, Si ut proponis C. de dignitatibus, libro. 12. rehearseth four opinions de Nobilitate, but rejecteth them, and himself defineth it thus: Nobilitas est qualitas illata per principatum tenentem, qua quis ultra honestos plebeios acceptus ostenditur. But this definition is too large for us, except we will account Knights and Banerets inter plebem, which in mine opinion were too harsh. For Equites among the Romans, were in a middle rank inter Senatores & plebem.  
Nocumento. See Nuisance.  
Nomination (nominatio) is used by the Canonists, and common Lawyers, for a power that a man by virtue of a manner or otherwise, hath to appoint a Clerk to a patron of a benefice, by him to be presented to the Ordinary. New terms of the law.  
Non-abilitie, is an exception taken against the plaintiff or demandant upon some cause, why he cannot commence any suit in law, as a Praemunire, Outlawrie, villeinage, Excommunication: or because he is a stranger borne. The Civilians say, that such a man hath not personam standi in judicio. See Broke, hoc titulo. see Fitzh. nat. br. fol. 35. A. fol. 65. D. fol. 77. C. The new expositor of law terms reckoneth six causes of Non-ability: as if he be an outlaw, a stranger borne, condemned in a praemunire, professed in religion, excommunicate, or a villain. Howbeit the second cause holdeth only in actions real or mixed, and not in personal, except he be a stranger and an enemy.  
Non admittas. See Ne admittas.  
Nonage, is all the time of a man's age under one and twenty years in some cases, or fourteen in some, as marriage. See Broke, titulo, Age. See Age.  
Non capiendo clericum. See Clerico non capiendo.  
Non claim, Cromptons' Iurisd. fol. 144. seemeth to be an exception against a man that claimeth not within the time limited by law, as within the year and day, in case where a man ought to make continual claim, or within five years after a fine levied. v. Coke. lib. 4. in prooemio. See Continual claim.  
Non compos mentis, is of four sorts: first, he that is an idiot borne: next, he that by accident afterward wholly loseth his wits: thirdly, a lunatic, that hath sometime his understanding, and sometime not: lastly, he which by his own act depriveth himself of his right mind for a time, as a drunkard, Coke lib. 4. fol. 124. b.  
Non distringendo, is a writ, comprising under it divers particulars, according to divers cases: all which you may see in the Table of the Register original, verbo, Non distringendo.  
Non est culpabilis, is the general answer to an action of trespass, whereby the defendant doth absolutely deny the fact imputed unto him by the plaintiff, whereas in other especial answers, the defendant granteth the fact to be done, and allegeth some reason in his defence, why he lawfully might do it. And therefore whereas the Rhetoricians, comprise all the substance of their discourses, under three questions, An sit, quid sit, quale sit, this answer falleth under the first of the three: all other answers are under one of the other two. And as this is the general answer in an action of trespass, that is, an action criminal civility prosecuted: so is it also in all actions criminally followed, either at the suit of the king or other, wherein the defendant denieth the crime objected unto him. See the new book of Entries. titulo, Non culpabilis, and Stawnf. pl. cor. lib. 2. cap. 62.  
Non est factum, is an answer to a declaration, whereby a man denieth that to be his deed, whereupon he is impleaded. Broke, hoc titulo.  
Non implacitando aliquem de libero tenemento fine brevi, is a writ to inhibit Bailiffs, etc. from distraining any man without the kings writ, touching his free hold. Register, fol. 171. b.  
Non intromittendo quando breve praecipe in capite subdolè impetratur, Is a writ directed to justices of the bench or in Eyre, willing them not to give one hearing, that hath under the colour of entitling the king to land, etc. as holding of him in capite, deceitfully obtained the writ called: praecipe in capite. but to put him to his writ of right, if he think good to use it. Register orig. fo. 4. b.  
Non mercandizando victualia, is a writ directed to the justices of Assize, commanding them to inquire whether the officers of such a town, do sell victuals in gross or by retail, during their office, contrary to the statute, and to punish them, if they find it true. Register, fol. 184.  
Non molestando, is a writ that lieth for him, which is molested contrary to the king's protection granted him. Register fol. 24.  
Non omittas, is a writ lying where the shreeve delivereth a former writ to a Bailiff of a fraunchis, within the which the party, on whom it is to be served, dwelleth, & the Bailiff neglecteth to serve it: for in this case, the shreeve returning, that he delivered it to the Bailiff, this shallbe directed to the shreeve, charging him himself to execute the king's commandment. Old. nat. br. fol. 44. of this the Reg. orig.. hath three sorts. fol. 82. b. & 151. and the Reg. judicial one, fol. 5. & 56.  
Non ponendo in Assisis & juratis, is a writ founded upon the stat. Westm. 2. ca 38. and the stat: Articuli super chartas. ca 9 which is granted upon divers causes to men, for the freeing them from Assizes and juries. See Fitzh. nat. br. fol. 165. See the Register, fol. 179. 100 181. 183.  
Non procedendo ad Assisam Rege inconsulto, is a writ to stop the trial of a cause appertaining unto one, that is in the king's service, etc. until the king's pleasure be farther known. Reg. fol. 220. a.  
Non residentia pro clericis Regis, is a writ directed to the Ordinary, charging him not to molest a Clerk employed in the king's service, by reason of his non residence. Register orig. fol. 58. b.  
Nonsuite, is a renuntiation of the suit by the plaintiff or demandant, when the matter is so far proceeded in, as the jury is ready at the bar, to deliver their verdict. anno 2. H. 4. ca 7. See the new book of Entries, verbo Nonsuite. The civilians term it Litis renunciationem.  
Non soluendo pecuniam ad quam Clericus mulctatur pro non residentia, is a writ prohibiting an Ordinary to take a pecuniary mulct, imposed upon a clerk of the kings for nonresidence. Regist. orig. fol. 59  
Non tenure, is an exception to a count, by saying that he holdeth not the land specified in the count, or at the least, some part of it. anno 25. Ed. 3. stat. 4. ca 16. West part. 2. Simbol. titulo. Fines. sect. 138. maketh mention of non-tenure general, and non-tenure special. See the new book of Entries, verbo, Non-tenure. where it is said, that especial non-tenure is an exception, alleging that he was not tenant the day whereon the writ was purchased. Non-tenure general is then by likelihood, where one denieth himself ever to have been tenant to the land in question.  
Non sum informatus. See Informatus non sum.  
Non sane memory (Non sane memoriae) is an exception taken to any act declared by the plaintiff or demandant to be done by another, whereupon he groundeth his plaint or demand. And the contents of this exception be, that the party that did that act (being himself or any other) was not well in his wits, or mad, when he did it. See the new book of Entries, titulo Non sane memory, and Dum non fuit compos mentis. See also supra Non compos mentis.  
Non term (non terminus) is the time of vacation between Term and Term. It was wont to be called the times or days of the king's peace, Lamb. Archaiono. fol 126. and what these were in the time of King Edward the Confessor, see there. This time was called (justicium) or (Feriae) among the Romans, or (dies nefasti) Ferias appellari notum est tempus illud, quod forensibus negotus & iure dicendo vacabat. Earum autem aliae solennes erant, aliae repentinae. Brisson. de verb. signif. lib. 6. vide Wesenbec: paratit. De Ferits. num. 6.  
Note of a fine, (nota finis) is a brief of a fine made by the Chirographer, before it be engrossed. The form whereof see in West. part. 2. symbol, titulo. Fines. sect. 117.  
Novel assignment (nova assignatio) is an assignment of time, or place, or such like, otherwise then as before it was assigned. In Brock you may find these words in effect: titulo, Deputy. num. 12. See novel assignment of trespass in a new place after Bar pleaded. Broke. titulo, Trespass. 122. and, novel assignment in a writ de e●ectione custodiae. titulo, Ejection custodiae. num. 7. See Assignment.  
Nude matter. See Mater.  
Nun (Nonna) is the French word (nonnain) or (nun) something altered, which signifieth a holy or consecrated virgin, or a woman that hath by vow bound herself to a single and chaste life, in some place and company of other women, separated from the world, and addicted to an especial service of God, by prayer, fasting, and such like holy exercises. If we would know whence this word came into France, S. Jerome maketh it an Egyptian word, as Hospinian recordeth of him, in his book De origine & progressumonachatus. fol. 3.  
Nuper obtit, is a writ that lieth for a coheir being deforced by her coheir of lands or tenements, whereof the grandfather, father, uncle, or brother to them both, or any other their common ancestors, died seized of an estate in fee simple. See the form of the writ, origin. Regist. fol. 226. etc. Fitz. nat. br. fol. 197. If the ancestor died seized in fee tail, than the coheir deforced shall have a Formdon. Idem. ibid.  
Nuisance (nocumentum) cometh of the French (nuire. i. nocere.) It signifieth in our common law, not only a thing done, whereby another man is annoyed in his free lands or tenements, but especially the Assize or writ lying for the same. Fitz. nat. br. fol. 183. And this writ (de Nocumento) or of Nuisance is either simply De nocumento, or de parvo nocumento; and than it is Vicountiel. old. nat. br. f. 108. & 109. & Fitzh. nat. br. ubi supra. & fol. 184. Britton calleth it Nosance. whom also read. ca 61. & 62. M. Manwood part 2 of his forest laws. ca 17. maketh three sorts of Nuisance in the forest, the first is Nocumentum common, the second Nocumentum speciale, the third Nocumentum generale. which read with the rest of that whole chapter. See the Register original, fol. 197. & 199.  
Nutmegs (nux myristica vel nux muscata) is a spice well known to all. It groweth of a tree like a peach tree, and is enclosed in two husks, whereof the inner husk is that spice which we call mace. Of this who will, may read more in Gerard's herbal, lib. 3. ca 145. It is mentioned among spices that are to be garbled. anno 1. jaco. ca 19   

O  
OBedientiae, was a rent, as appeareth by Roger Hoveden part poster: suorum annalium, fol. 430. in these words: ut ergo eyes, sc: regularibus, adimatur oportunitas evagandi, prohibe 〈…〉, ne reditus, quos obedientias vocant, ad firmam teneant, etc. Obedientia in the canon law is used for an office or the administration of an office, ca cum ad monasterium. 6. extra de statu monacho: & cano. regula. And thereupon the word (obedientiales) is used in the provincial constitutions for those which have the execution of any office under their superiors. cap. pri. de statu. regula. For thus saith Lyndwood in his gloss upon that word: Hii sunt qui sub obedientia suorum praelatorum sunt, & habent certa officia administranda interiùs vel exterius. It may be that some of these offices called obedienti● consisted in the collection of rents or pensions: and that therefore those rents were by a metonymy called obedientiae, quia colligebantur ab obedientialibus.  
Oblations (oblationes) are thus defined in the canon law. Oblationes dicuntur, quaecunque a pi●s fidelibusque Christianis offeruntur Deo & ecclesiae, sive res soli, sive mobiles sint. Nec refert an legentur testamento, an aliter donentur, cap. clerici. 13. quaest. 2. Read more of these in Duarenus. De sacr. eccl. minister. ac benefis. cap. tertio.  
Obligation (Obligatio) and Bill be all one, saving that when it is in English, it is commonly called a Bill, and when it is in Latin, an Obligation. West part 1. symbol. lib. 2. sect. 146. True it is that a Bill is obligatory: but we commonly call that an obligation, which hath a condition annexed. The former author in the same place saith thus farther. An obligation is a deed, whereby the obligour doth knowledge himself to owe unto the Obligee, a certain sum of money or other thing. In which, besides the party's names, are to be considered the thing due, and the time, place and manner of payment, or delivery. Obligations be either by matter in deed, or of record. An obligation by matter in deed is every obligation not acknowledged & made in some court of record. Hitherto M. West.  
Occupavit, is a writ that lieth for him, which is ejected out of his land or tenement in time of war: as a writ of Novel disseisin lieth for one ejected in time of peace. Ingham §. Bref de novel disseisin.  
Octo tales. See Tales: See Brooke tit. Octo tales.  
Odio & atia, anno 3. Ed. 1. ca 11: is a writ sent to the undershyreeve, to inquire whither a man being committed to prison upon suspicion of murder, be committed upon malice or evil will, or upon just suspicion. Register original, fol. 133. b. See Bracton li. 3. part 2. ca 20.  
Office (Officium) doth signify not only that function, by virtue whereof a man hath some employment in the affairs of another, as of the King or other common person; but also an Inquisition made to the King's use of any thing by virtue of his office who inquireth. And therefore we oftentimes read of an office found, which is nothing but such a thing found by Inquisition made ex officio. In this signification it is used anno 33. H. 8. cap. 20. and in Stawnfords' praerog. fol. 60. & 61. where to travers an office, is to travers the inquisition taken of office. And in Kitchen fol. 177. to return an office, is to return that which is found by virtue of the office, see also the new book of Entries, verbo Office pur le Roy. And this is by a metonymy of the effect: And there be two sorts of offices in this signification, issuing out the exchequer by commission viz. an office to entitle the King in the thing inquired of, and an office of instruction. which read in Sir Edw. Coke reports, vol. 6. Page's case. fol. 52. a. b. Office in fee, is that which a man hath to himself and his heirs, anno 13. Ed. 1. ca 25. Kitchen fol. 152. See Clerk.  
Official (officialis) is a word very diversely used. For by sundry Civilians of other countries, that write in these days, it appeareth to be applied in many places, to such as have the sway of temporal justice. Aegidius Bossius in pract. crim. tit. De officialibus corruptis, etc. But by the ancienter civil law, it signifieth him, that is the minister or appparitor of a magistrate or judge. l. 1. §. si quis ultro. Π. de quaestio. & Co. de filiis officialium, etc. li. 12. In the Canon law, it is especially taken for him, to whom any Bishop doth generally commit the charge of his spiritual jurisdiction. And in this sense one in every Diocese is (officialis principalis) whom the statutes and laws of this Kingdom call chancellor. anno 32. H. 8. cap. 15. The rest, if there be more, are by the canon law called officiales foranei. glos: in clem. 2. de Rescriptis, but with us termed Commissaries (Commissarii) as in the statute of H. 8. or some times (Commissarii foranei.) The difference of these 2. powers you may read in Lyndwood, titulo de sequestra possess. ca 1. verbo. Officialis. But this word (official) in our statutes and common law signifieth him, whom the Archdeacon substituteth in the executing of his jurisdiction. as appeareth by the statute above mentioned and many other places.  
Officiariis non faciendis vel amovendis, is a writ directed to the magistrates of a corporation, willing them not to make such a man an officer, and to put him out of the office he hath, until enquiry be made of his manners, according to an inquisition formerly ordained. Register original, fol. 126. b.  
Onerando pro rata portionis, is a writ that lieth for a joint tenant, or tenant in common, that is distrained for more rent, than the proportion of his land cometh unto. Reg orig. f. 182. a.  
Open Law (Lex manifesta; Lex apparens) is making of Law. which by Magna charta ca 28. Bailiffs may not put men unto upon their own bare assertions, except they have witnesses to prove their imputation.  
Orchel. anno. 1. R. 3. ca 8: Orchall anno. 24. H. 8. ca 2. &. anno. 3. & 4. Ed. 6. ca 2. seemeth to be all one with cork.  
Ordinance of the forest (Ordinatio Forestae) is a statute made touching forest causes in the 34. year of Edward. 1. See Assize.  
Ordinary (Ordinarius) though in the civil law, whence the word is taken, it doth signify any judge that hath authority to take knowledge of causes in his own right, as he is a magistrate, and not by deputation: yet in our common law, it is most commonly, and for aught I remember, alway taken for him, that hath ordinary jurisdiction in causes ecclesiastical. See Brooke hoc titulo. Lindwood in cap. exterior. titulo de Constitutionibus. verbo Ordinarii, saith quòd Ordinarius habet locum principaliter in Episcopo, & aliis superioribus, qui soli sunt universales in suis iurisdictionibus, sed sunt sub eo alii ordinarii, hii viz. quibus competit jurisdictio ordinaria de iure, privilegio, vel consuetudine, etc. v. c.  
Ordinatione contra seruientes, is a writ that lieth against a servant for leaving his master against the statute: Register original, fol. 189.  
Ordael (Ordalium) is a Saxon word, signifying as much as judgement, in some men's opinions compounded of two Saxon words (or) a privative, as (α) in greek, and (dael. i. pars) It signifieth as much as expers: but it is artificially used for a kind of purgation practised in ancient times: whereby the party purged, was judged expers criminis, called in the canon law purgatio vulgaris, and utterly condemned. There were of this two sorts, one by fire, another by water. Of these see M. Lamberd in his explication of Saxon words. verbo Ordalium, where he expresseth it at large, with such superstitions as were used in it. Of this you may likewise read Holinshed in his description of Brittany fol. 98. and also M. Manwood, part pri. of his forest laws, pag. 15. But of all the rest, Hotoman especially, disput. de feud. ca 41. where of five kind of proofs, which he calleth feudales probationes, he maketh this the fourth, call it explorationem, & huius furiosae probationis 6. genera fuisse animadvertit, per flammam, per aquam, per ferrum candens, per aquam vel gelidam vel feruentem, per sorts, & per corpus Domini, of all which he allegeth several examples out of history, very worthy the reading. See M. Skene also de verbor. significatione. verbo (Machamium) This seemeth to have been in use here with us in Henry the seconds days, as appeareth by Glanvile. lib. 14. cap. 1. & 2. Read also of this in M. Verstegans Restitution of decayed intelligence. cap. 3. pag. 63. & seqq.  
Orfgild, aliâs, Cheapegild, is a restitution made by the Hundred or County, of any wrong done by one that was in plegio. Lamberd. Archaion. pag. 125. & 126.  
Orgeiss, anno, 31. Ed. 3. stat. 3. cap. 2. is the greatest sort of North sea-fish, now adays called Organ ling.  
Oredelfe, is a liberty whereby a man claimeth the Ore found in his soil. New exposition of Terms.  
Ortelli, is a word used in the book termed (pupilla oculi) in the chapter containing the charter of the Forest. part 5. cap. 22. and signifieth the claws of a dogs foot, being taken from the French, orteils des pieds. i. digiti pedum, the toes.  
Osmonds', anno 32. Henr. 8. cap. 14.  
Oath of the King, (juramentum Regis) is that which the King taketh at his Coronation, which in Bracton is set down in these words. Debet Rex in coronatione sua, in nomine jesu Christi praestito sacramento haec tria promittere populo sibi subdito: Inprimis se esse praecepturum & pro viribus opem impensurum ut ecclesiae dei & omni populo Christiano vera pax omni suo tempore observetur. Secundò, ut rapacitates & omnes iniquitates omnibus gradibus interdicat: 3. ut in omnibus iudieiis aequitatem praecipiat & misericordiam, ut indulgeat et svam misericordiam clemens & misericors Deus, & ut per justitiam suam firma gaudeant pace universi. And in the old abridgement of statutes set out in H. 8. days, I find it thus described. This is the oath that the King shall swear at his coronation: That he shall keep and maintain the right and the liberties of the holy church, of old time granted by the righteous Christian Kings of England, and that he shall keep all the lands, honours, and dignities righteous and free of the Crown of England in all manner whole, without any manner of minishment, and the rights of the Crown hurt, decayed, or lost, to his power shall call again into the ancient estate, and that he shall keep the peace of the holy church and of the clergy, and of the people with good accord: and that he shall do in all his judgements equity and right justice with discretion and mercy: and that he shall grant to hold the laws & customs of the realm, and to his power keep them, and affirm them, which the folk and people have made and chosen: and the evil laws and customs wholly to put out: and steadfast and stable peace to the people of this realm keep and cause to be kept to his power: and that he shall grant no charter, but where he may do it by his oath. All this I find in the foresaid Book, titulo. Sacramentum Regis. and Charter of pardon. quinto.  
Oath of the King's justices is, that they well and truly shall serve the king, and that they shall not assent to things, that may turn to his damage or disinheritance. Nor that they shall take no fee nor livery of none but the king. Nor that they shall take gift nor reward of none that hath ado before them, except it be meat and drink of small value, as long as the plea is hanging before them, nor after for the cause. Nor that they shall give council to none in matter that may touch the King, upon pain to be at the kings will, body and goods. And that they shall do right to every person, notwithstanding the King's letters, etc. anno 18. Ed. 3. statut. 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se.  
Otho, was a Deacon Cardinal of S. Nichens in carcere Tulliam, and Legate for the Pope here in England, anno 22. H. 3. whose constitutions we have at this day: Stows An. pa. 303. & see the first constitution of the said Legat.  
Othobonus was a Deacon Cardinal of S. Adrian, and the Pope's legate here in England anno 15. H. 3. as appeareth by the award made between the said King and his commons, at Kenelworth. his constitutions we have at this day in use.  
Ouch, anno 24. H. 8. ca 13.  
Ouster le main (Amovere manum) word for word, signifieth to take off the hand, though in true French, it should be (Oster la main) It signifieth in the common law, a judgement given for him that tendeth a travers, or sueth a Monstrance de droit, or petition. For when it appeareth upon the matter discussed, that the King hath no right nor title to the thing he seized, than judgement shallbe given in the Chancery, that the king's hands be amoved, and thereupon Amoveas manum shallbe awarded to the Escheatour: which is as much, as if the judgement were given, that he should have again his land. v. Stawn. praerog. ca 24. See anno 28. Ed. 1. stat. 3. ca 19 It is also taken for the writ granted upon this petition. Fitzh. nat. br. fol. 256. C. It is written oter le main, anno 25. Hen. 8. ca 22.  
Ouster le mer (ultra mare) cometh of the French (oultre. i. ultra) and (le mer. i. mare) and it is a cause of excuse or essoin, if a man appear not in Court upon Summons. See Essoin.  
Outfangthef, aliâs utfangthef, is thus defined by Bracton li. 3. tra. 2. ca 34. utfangthef dicitur latro extraneus veniens aliunde de terra aliena, & qui captus fuit in terra ipsius, quitales habet libertates, but see Britton otherwise. fol. 91: b: It is compounded of three Saxon words (out. i. extra) (fang.. i. capio vel captus) and (thief. i. fur) It is used in the common law, for a liberty or privilege, whereby a Lord is inhabled to call any man dwelling within his own fee, and taken for felony in any other place, and to judge him in his own court. Rastals expos. of words.  
Owelty of services, is an equality when the tenant paravaile oweth as much to the mesn, as the mesn doth to the Lord paramount: Fitzh. nat. br. fol. 136 A. B.  
Outlawry (utlagaria) is the loss or deprivation of the benefit belonging to a subject: that is, of the King's protection and the Realm: Bracton: li. 3. tract. 2. ca 11. num. pri. & nu. 3. Forisfacit utlagatus omnia quae pacis sunt: Quia a tempore quo utlagatus est, caput gerit lupinum, ita quòd ab omnibus interfici possit, & impunè: maxim si se defenderit, vel fugerit, ita quòd difficilis sit eius captio. &, nu. 4. Si autem non fugerit, nec se defenderit cum captus fuerit: extunc erit in manu domini Regis mors, & vita. & qui taliter captum interfecerit, respondebit pro co sicut pro alio, v. c.  
Outeparters anno. 9 H. 5. ca 8. seemeth to be a kind of thieves in Ridesdall, that ride abroad at their best advantage, to fetch in such cattles or other things, as they could light on without that liberty: some are of opinion that those which in the forenamed statute, are termed out-patters, are at this day called out-putters, and are such as set matches for the robbing of any man or house: as by discovering which way he rideth or goeth, or where the house is weakest & fittest to be entered. See Intakers.  
Owtryders, seem to be none other but bailiff errants, employed by the shreeves or their farmers, to ride to the farthest places of their counties or hundreds, with the more speed to summon to their county or hundred courts, such as they thought good to work upon. anno 14. Ed. 3. stat. 1. ca 9  
Oxgang of Land (Bovata terrae) Six oxgangs of land, seem to be so much as six oxen will plough. Crompton. iurisd. fol. 220. but an oxegang seemeth properly to be spoken of such land as lieth in gainour, old nat. br. fol. 117. M. Skene de verbor. significat. verbo Bovata terrae, saith, that an oxen-gate of land should alway contain 13. acres, and that 4. oxen-gates extendeth to a pound land of old extent. See Librata terrae.  
Oyer and Terminer, (audiendo & terminando) in true French (Ovir & terminer) is, in the intendment of our law, a commission especially granted to certain men, for the hearing and determining of one or more causes. This was wont to be in use upon some sudden outrage or insurrection in any place. Cromptons' Iurisd. fol. 131. & 132. See The Statute of Westm. 2. cap. 29 anno, 13. Ed. 1. who might grant this commission. And see Fitzh. nat. br. fol. 100 for the form and occasion of the writ, as also to whom it is to be granted, and whom not. See Broke, titulo, Oyer & determiner.  
Oyer de Record, (Audire Recordum) is a petition made in court, that the judges, for better proofs sake, will be pleased to hear or look upon any Record.   

P  
PAcking whites. anno, 1. R. 3. cap. 8.  
Pain fort & dure (poena fortis & dura) is in true French (pain fort & dure.) It signifieth in our common law, an especial punishment for those, that being arraigned of felony, refuse to put themselves upon the ordinary trial of God and the country, and thereby are mute, or as mute in interpretation of law. This (as Stawnf. thinketh, pl. cor. lib. 2. cap. 60.) is founded upon the Statute of Westm. prim. cap 12. anno. 3. Ed. prim. His reason is, because Bracton, who writ before that Parliament, maketh no mention of it: and Britton writing after that time, toucheth it in his 4. chapter; fol. 11. viz. in words to this effect: If they will not acquit themselves, let them be put to their penance until such time as they do desire trial: and let the penance be such: viz. Let them be bare legged, without girdle, and without hat or cap, in their coat only, and lie in prison upon the naked earth day and night. And let them eat no bread, but of barley and bran, nor drink any other then water, and that upon that day when they eat not. And let them be chained. Stawnford in his said 60. chapter of his second book, expoundeth it more plainly and particularly in this sort. And note, that this strong and hard pain shall be such: sc. He shall be sent back to the prison whence he came, and laid in some low dark house, where he shall lie naked upon the earth without any litter, rushes, or other clothing, and without any raiment about him, but only something to cover his privy members. And he shall lie upon his back with his head covered and his feet. And one arm shall be drawn to one quarter of the house with a cord, and the other arm to another quarter: and in the same manner let it be done with his legs: and let there be laid upon his body iron and stone, so much as he may bear or more: and the next day following, he shall have three morsels of barley bread without drink: and the second day, he shall have drink three times: and as much at each time, as he can drink, of the water next unto the prison door, except it be running water, without any bread. And this shall be his diet until he die.  
Palatine. See County Palatine. See Cassan. de consuetud. Burg. pag. 14.  
Palingman, anno. 11. Henr. 7. cap. 22.  
Panell (panellum) cometh of the French (pan. i. pellis, or paneau) a piece or pane, as we call it in English. It signifieth in our common law, a schedule or roll, containing the names of such jurours, as the shreeve provideth to pass upon any trial. Register orig. fol. 223. a. Kitthin, fol. 266. See Broke, hoc titulo. And thereupon the empaneling of a jury, is nothing but the entering of them into the shreeves roll or book.  
Pannage (pannagium) is a tolle or contribution. Fitz. nat. br. fol. 227. D. See Pawnage.  
Paramounte, aliâs peremounte, cometh of these two French words (par. i. per) and (Monter. i. ascendere) It signifieth in our law, the highest Lord of the fee: for there may be a Tenent to a Lord, that holdeth over of another Lord. And the former of those is called Lord Mesn, the second Lord paramount. And a Lord paramount (as it seemeth by Kitchen, fol. 209) consisteth only in comparison: as one man may be great being compared with a lesser, and little being compared with a greater: and as Genus, among the Logicians, may be in divers respects both genus, and species. Fitzh. nat. br. fol. 135. M. So that none seemeth simply to be Lord paramount but only the King, as Genus summum is simply Genus. For the King is patron paramount to all the benefices in England, Doctor and student: ca 36. See Paravaile, Manner. and Fee.  
Paravaile, aliâs Peravaile, is compounded of two French words (par. i. per) and (avaller. i. dimittere, demittere) It signifieth in our common law, the lowest tenant, or him that is tenant to one, who holdeth his fee over of another, So is it used. pl. cor. fol. 197. and Fitzh. nat. br. fol. 135. M. See Paramounte. See Mesn.  
parcel makers, are two officers in the exchequer, that make the parcels of the escheators accompts, wherein they charge them with every thing they have levied for the king's use, within the time of their office, & deliver the same to one of the auditors of the court, to make an account for the escheatour thereof.  
Parceners. See Coparceners.  
Parcinarie (participatio) cometh of the French (partir. i. dividuum facere. It signifieth in our common law, a holding or occupying of land by more pro indiviso, or by joint tenants, otherwise called Coparceners, of the French (parsonnier. i. partiarius, particeps.) For if they refuse to divide their common inheritance and choose rather to hold it jointly, they are said to hold in parcinarie. Litleton, fol. 56. & 57 This by the Feudists and Lombard's is termed (adaequatio, vel paragium.) And among the ancient Romans particulones, sic enim authore Nonio, a veteribus cohaeredes inter se dicebantur, quòd partes invicem facerent. Spigelius.  
Pardon (Perdovatio) is a French word, signifying as much as pax, venia, gratia. It is used most notoriously in our common law, for the remitting or forgiving of a felonious or other offence committed against the king. This pardon is twofold: one ex gratia Regis, the other, per course del ley, by course of law. Stawns. pl. cor. fol. 47. Pardon ex gratia Regis, is that, which the king, in some special regard of the person or other circumstance, showeth or affordeth upon his absolute prerogative or power. Pardon by course of law, is that, which the law in equity affordeth, for a light offence, as homicide casual, when one killeth a man having no such meaning. West. part 2. symbol. titulo, Inditements. sect. 46. Of this see the new book of Entries, verbo, pardon.  
Pardoners, anno 22. H. 8. c. 12. were certain fellows that carried about the Pope's Indulgences, and sold them to such as would buy them, against whom Luther, by Sleydans' report, in censed the people of Germany in his time, exhorting them, ne merces tam viles tanti emerent.  
Park (parcus) cometh of the French (parquer. i. vallo, vel fossa circundare.) It signifieth with us, a piece of ground enclosed and stored with wild beasts of chase. Which a man may have by prescription or the kings grant. Cromptons' Iurisd. fol. 148. M. Manwood part pri. of his Forest laws. pag. 148. defineth it thus: A park is a place of privilege for wild beasts of venery, and also for other wild beasts, that are beasts of the Forest, and of the chase, tam syluestres, quam campestres. And all those wild beasts are to have a firm peace and protection there. So that no man may hurt or chase them within the park, without licence of the owner of the same. Who also fol. 149. saith thus: A park is of another nature, then either a chase, or a warren is. For a park must be enclosed, and may not lie open: for if it do, that is a good cause of seizure of the same into the hands of the king, as a thing forfeited: as a free chase is, if it be enclosed. And moreover, the owner cannot have action against such as hunt in his park, if it lie open. See Forest. See Chase. See Warren. This word Park, Baldwinus deriveth a paradiso, eumque locum esse dicit, in quo varia animalia ad usum voluptatis, aut venationis includuntur & possidentur, adempta naturali libertate. Ad tit. de rerum divis. in Institutionib.  
Parco fracto, is a writ which lieth against him, that violently breaketh a pound, and taketh out beasts thence, which, for some trespass done upon another man's ground, are lawfully impounded. Register original fol. 166. Fitzh. nat. br. fol. 100  
Parish (parochia) cometh of the greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. Accolarum conventus, accolatus, sacra vicinia) it is used in the Cannon law, some time for a Bishopric. But in our common law, it signifieth the particular charge of a secular priest. For every church is either Cathedral, Coventuall, or Parochial. Cathedral is that, where there is a Bishop seated, so called a Cathedra: Conuentuall consisteth of Regular clerks, professing some order of religion, or of Deane and chapter, or other college of spiritual men. Parochial is that, which is instituted for the saying of divine service, and ministering the holy Sacraments to the people dwelling within a certain compass of ground near unto it. Our Realm was first divided into parishes by Honorius Archb: of Canterbury, in the year of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I find there were in England in the days of H. 8. the number of 45000. Hotoman in his disputations de feudis. ca 2. maketh mention of this word (parochia) out of Pomponius Laetus in these words. Nam sic quoque Pomponius Laetus veterem consuetudinem fuisse scribit, eamque ab Imperat 〈…〉 Constantino repetitam, ut Duc 〈…〉 praefectis, Tribunis qui pro augend● Imperio consenuerant, darentur agri, villaeque, ut necessaria suppet 〈…〉, quoad viverent, quas paroehias cabant. And a little after: ver 〈…〉 inter feuda & parochias hoc 〈…〉 est, quod hae plerumque senibus 〈…〉 veteranis, plerisque emeritae 〈…〉 dabantur, qui cum de Rep. bene meriti essent, publico beneficio reliquum vitae sustentabant: aut si quod bellum nasceretur, evocati non tam milites, quam magistri militum viderentur. Feuda vero plurimum I●●enibus robustis, & primo flore aetatis, qui militiae munus sustinere poterant: imo verò & ut possent & ut vellent, etc.  
Parliament (parlamentum) is a French word signifying originally as much as (Collocutio) or (colloquium) but by use, it is also taken for those high courts of justice throughout the kingdom of France, where men's causes and differences are publicly determined without farther appeal. Whereof there be seven in number: as Paris, Tolouse, Gresnoble in Daulphene, Aix in Provence, Bourdeaux, Diion in Bourgogine, and Rouen in Normandy. Vincentius Lupanus de Magistrate. Franc. lib. 2. cap. Parlamentum. num. 28. whereunto Gerard de Haillon addeth the eighth. viz. Rhein's in Brettagne.  
In England we use it for the assembly of the king and the three estates of the Realm, videlicet. the Lords Spiritual, the Lords Temporal, and commons, for the debating of matters touching the common wealth, and especially the making and correcting of laws. which assembly or court is of all other the highest, and of greatest authority, as you may read in Sir Thomas Smith. de Repub. Anglo lib. 2. cap. 1. & 2. Camd. Britan. pag. 112. and Cromptons' Iurisd. fol. pri. & seqq. The institution of this court Polydore Virgil, lib. 11. of his Chronicles, referreth after a sort to Henry the first: yet confessing that it was used before, though very seldom. I find in the former prologue of the grand customary of Normandy, that the Normans used the same means in making their laws. And I have seen a monument of antiquity, showing the manner of holding this parliament in the time of King Edward the son of King Etheldred, which (as my note saith, was delivered by the discreeter sort of the Realm unto William the Conqueror, at his commandment, & allowed by him. This writing beginneth thus. Rex est caput, principium, & finis parlamenti, & ita non habet parem in suo gradu. Et sic ex Rege solo primus gradus est. Secundus gradus est ex Archiepiscopis, Episcopis, Abbatibus, Prioribus per Baroniam tenentibus. Tertius gradus est, de procuratoribus cleri. Quartus gradus est de Comitibus, Baronibus, & aliis Magnatibus. Quintus gradus est de militibus Comitatuum. Sextus gradus est de civibus & Burgensibus: & ita est parlamentum ex sex gradibus. sed sciendum, licet aliquis dictorum quinque graduum post Regem absens fuerit, dum tamen omnes praemoniti fuerint per rationabiles summonitiones, parlamentum nibilo minus censetur esse plenum. Touching the great authority of this court, I find in Stows Annals, pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick, thereby to discharge him of the Captainship of Cales, the Earl refused to obey the privy seal, and continued forth the said office, because he received it by Parliament. But one example cannot make good a doctrine. And of these two one must needs be true, that either the king is above the Parliament, that is, the positive laws of his kingdom, or else that he is not an absolute king. Aristotle lib. 3. Politico. cap. 16. And therefore though it be a merciful policy, and also a politic mercy (not alterable without great peril) to make laws by the consent of the whole Realm, because so no one part shall have cause to complain of a partiality: yet simply to bind the prince to or by these laws, wear repugnant to the nature and constitution of an absolute monarchy. See Bracton. lib. 5. tract. 3. ca 3. nu. 3. and Cassan de consuet: Burg: pag. 335. and Tiraquel. in his book De Nobilitate, cap. 20. pag. 68 nu. 26. See the statute anno 31. H. 8. cap. 8. in prooemio. and many excellent men more, that handle this point. That learned Hotoman in his Francogallia, doth vehemently oppugn this ground, as some other that write in corners: but he is so clean overborne by the pois of reason, that not only many meaner men for learning triumph over him in this case, but himself, as I have credibly hard, upon the sight of his fault, cried God and the world mercy for his offence, in writing that erroneous and seditious book. The Emperors of Rome had their semestria consilia, & their praetorium or place of council, builded by Augustus in his palace, and thereupon called (palatium) afterward termed (consistorium) where they, as in their principal court, did both determine the greatest sort of their causes, and also made their constitutions. And here had they assisting them many of the wisest of their empire; whom Augustus first called (consiliarios,) Alexander Severus afterward (scriniorum principes) others after that (palatinos) and then (comites consistorianos) And these men in this respect, were endued with great honour, and enjoyed many privileges. Yet were they but assistants to the Emperor to advise him, not challenging any power over him, or equal with him. More touching the course and order of this Parliament, see in Cromptons' Iurisdict. fol. pri. & seqq. and Vowel, aliâs Hooker, in his book purposely written of this matter. See King.  
Parole (Loquela) is a French word, signifying as much as (Dictio, allocutio, sermo, vox) It is used in Kitchen, fol. 193. for a plea in court. It is also sometime joined with lease, as Lease parol, that is Lease per parole. a lease by word of mouth.  
Parson (Persona) cometh of the French (person). It peculiarly signifieth with us, the Rector of a church: the reason whereof seemeth to be, because he for his time representeth the church, and sustaineth the person thereof, as well in siewing, as being siewed in any action touching the same. See Fleta. lib. 6. ca 18. Parson impersonee (persona impersonata) is he that is in possession of a church, whether appropriated or not appropriated. for in the new book of Entries, verbo Aid in Annuity, you have these words. Et praedictus A dicit, quod ipse est persona praedictae ecclesiae de S. impersonata in eadem ad praesentationem E. patronissaes, etc. So I have reason to think, that persona is the patron or he that hath right to give the benefice, by reason that before the Lateran council he had right to the tithes, in respect of his liberality used in the erection or endowment of the church, quasi sustineret personam ecclesiae. and he persona impersonata to whom the benefice is given in the patrons right. For I read in the Register judicial personam impersonatam, for the Rector of a benefice presentative and not appropriated, fol. 34. b. and see Dyer. fol. 40. nu. 72. where he saith that a Dean and chapter be persons impersonees of a benefice appropriated unto them. who also fol. 221. num. 19 plainly showeth that persona impersonata is he that is inducted and in possession of a benefice. So that persona seemeth to be termed impersonata, only in respect of the possession that he hath of the benefice or rectory, be it appropriated or otherwise, by the act of another. And yet I have talked with men of good opinion in the common law, that hold only the proprietary of a benefice to be the person personee. But if that wear true, he should rather be called person parsonnier. i. partiarius vel particeps fructuum, because the Vicar hath some part toward his pains in serving the cure. For (parsonnier) in the french tongue. is (partiarius) or (particeps)  
Parts finis nihil habuerunt, etc. is an exception taken against a fine levied. Cook's reports lib. 3. the case of Fines. fol. 88 a. b.  
Parters of gold and silver. See Finours.  
Partitione facienda, is a writ that lieth for those, which hold lands or tenements Pro Indiviso, and would sever to every one his part, against him or them that refuse to join in partition as Coparceners and Tenants in Gavel kind, old: nat. br. fol: 142. Fitzh. nat. br. fol. 61. Register orig. fol. 76. 316. and Register judicial, fol. 80. and the new book of Entrise. verbo Partition.  
Part let, seemeth to be some part of a man's attire, as namely some loose collar of a doublet, to be set on or taken of by itself. without the bodies, as men's bands or women's neckirchiefs be, which are in some places, or at least have been within memory, called partlets. This word is read in the statute, anno 24. H. 8. ca 13. and seemeth to be a diminutine of the word (part.)  
parvo nocumen to, is a writ. See Nuisance.  
Passage (Passagium) is a French word, signifying transitum, transitionem, meatum. It signifieth in our common law, the hire that a man payeth for being transported over sea, anno 4. Ed. 3. cap. 7. or over any river. Westm. 2. cap. 25. anno 13. Ed. pri.  
Passagio, is a writ to the keepers of ports, to let a man pass over, that hath licence of the king. Register original. fol. 193. b. 194. a.  
Passport, is compounded of two French words (Passer. i. perambulare, transire) and (port. i. portus) It signifieth with us, a licence made by any that hath authority, for the safe passage of any man from one place to another. anno 2. Ed. 6. ca 2.  
Pasuage, pasuagium. See Pawnage.  
Patent (literae patentes) is different from a writ, Cromptons' Iurisd fol. 126. The Coroner is made by writ and not by patent. See letters patents. See also Literae patentes in the table of the Register, where you shall find the form of divers patents.  
Patron (Patronus) is used in the Ciule law, for him that hath manumitted a servant, and thereby is both justly accounted his great benefactor, and challengeth certain reverence and duty of him during his life: see the title De iure patranatus: in the Digest: with the Feudists it is used pro authore feudi. Hotom. verbo Patronus, in his commentary de verbis feudal. In the canon law, as also in the feuds, and our common law, it signifieth him that hath the gift of a benefice. And the reason is, because the gift of churches and benefices originally belonged unto such good men, as either builded them, or else endowed them with some great part of the revenue belonging unto them. De iure patronatus in the Decretals. Such might well be called patrons, as builded the Church, or enriched it: but these that now have the gift of a benefice, are more commonly patronized by the Church, though against her will, alway selling their presentations as dearly as they can: and therefore may be called Patroni a patrocinando, as Mons à movendo. Patronum faciunt does, aedificatio, fundus, saith the old verse, Of lay patrons one writeth thus. Quod autem a supremis pontisicibus proditum est, (ca cum dilectus, extra de iure patronatus) laicos ius habere presaentandi clericos Ordinarois: hoc singulari favore sustinetur, ut allectentur laici, invitentur, & inducantur ad constructionem ecclesiarum (c. quoniam. eodem) Nec omni ex part ius patronatus spirituale censeri debet, sed temporale potius spirituali annexum. (glos. in c. piae mentis, 16. qu. 7.) These be Corasius words in his paraphrase ad sacerdotiorum materium, part pri. cap. 2. and part. 4. cap. 6. in principio, he thus writeth of the same matter. Patroni in iure Pontificio dicuntur qui alicuius ecclesiae extruendae. aut alterius cuiuscunque fundationis ecclesiasticae authores fuerunt, ideoque praesentandi & offerendi clericum ius habent. quem ecclesiae vacanti praeesse, & in ea collatis reditibus frui velint. Acquirunt autem hoc ius, qui de Episcopi consensu vel fundant ecclesiam, hoc est, locum in quo templum extruitur, assignant, vel ecclesiam aedificant, vel etiam constructas ecclesias ante consecrationem dotant. ut non valde sit obscurum, ius patronatus quo de agimus, finire, ius esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum, qui consentiente Episcopo, vel const●uxi●, vel dot avit ecclesiam.  
Pannage (Pannagium, aliâs pasnagium) or (pennagium) as it is latined (in pupilla oculi) may be probably thought to come of the French (panez) or (panets) which is a root something like a parsnep, but somewhat less and ranker in taste, which hogs in France feed upon, though it be eaten by men also; and the French may seem to come of the latin (pamcium). i. that which men use in the steed of bread (Isodorus) or (panicium) of the French. It signifieth in our common law, the money taken by the Agistors' for the feed of hogs with the mast of the king's forest: Crompton. Iurisd. fol. 165. Westm. 2. cap. 25. anno 13. Ed. pri. with whom M. Manwood part pri: of his forest laws agreeth in these words: Agistment is properly the common of herbage of any kind of ground, or land, or woods, or the money due for the same: and pawnage is most properly the mast of the woods, or lands, or hedge-rowes, or the money due to the owner of the same for it. But this learned man in his second part. cap. 12. where he writeth at large of this, driveth the word from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the which (I think) he smiled himself when he set it down. Lindwood defineth it thus: Panagium est pastus pecorum in nemoribus & in syluis, utpote de glandibus & aliis fructibus arborum syluestrium, quarum fructus aliter non solent colligi. titulo de decimis. ca sancta. verb: Pannagiis. M. Skene de verborum signf. calleth it pannagium, and defineth it to be the duty given to the king, for the pasturage of swine in his forest. The French word for the same thing is (panage) or (glandee). i. glandatio, vel glandium collectio, & pastio suum ex glandibus. And we surely take it from the French, whence they had it, or what etymology they make of it, let themselves look.  
Peace (pax) in the general signification is opposite to war or strife. But particularly it signifieth with us, a quiet and harmless carriage, or behaviour toward the king and his people. Lamb. eirenarcha. li. 1. ca 2. pag. 7. And this is one way provided for all men by oath, as you may read in Frank pledge, but more especially in case, where one particular man or some few go in danger of harm from some other. For upon his oath made thereof before a justice of peace, he must be secured by good bond. See Lamb. eirenarcha lib. 2. c. 2. p. 77. See also Cromptons' justice of peace. fol. 118. b. etc. usque f. 129. This among the Civilians is called cautio de non offendedo. Gail, de pace publ. lib. pri. c. 2. nu. 〈◊〉.  
Peace of God and the church, (pax Dei & ecclesiae) is anciently used for that rest, which the king's subjects had from trouble and suit of law, between the terms. See Vacation.  
Peace of the King. anno. 6. R. 2. stat. pri. ca 13. is that peace and security both for life and goods, which the King promiseth to all his subjects or others taken to his protection. See Suit of the king's peace. This point of policy seemeth to have been borrowed by us from the Feudists. for in the second book of the seuds, there is a chapter viz. the 53. chapter entitled thus. De pace tenenda inter subditos, & juramento firmanda, & vindicanda, & de poena judicibus apposita, qui cum vindicare & justitiam facere neglexerint, the contents of which chapter is a Constitution of Frederick the first, as Hotoman there proveth, expounding it very learnedly and like himself. Of this king's peace, Roger Hoveden setteth down divers branches, part poster. suorum annalium. in Henr. 2. fol. 344. a. b. and fol. 430. b. he mentioneth a form of an oath which Hubert Archbishop of Canterbury, and chief justice of England in R. the first his days, sent through the whole realm, to be taken by the king's subjects. See Deciners. See Surety of peace. There is also the peace of the Church, for which, see Sanctuary. And the peace of the kings high way, which is the immunity that the kings high way hath, from all annoyance or molestation. See Watling street. The peace of the plough, whereby the plough and plow cattles are secured from distresses. For which, see Fitz. nat. br. fol. 90. A. B. So Fairs may be said to have their peace, because no man may in them be troubled for any debt elsewhere contracted. See Fair.  
Pedage (pedagium) signifieth money given for the passing by foot or horse through any country. extra de Censibus, ca Innovamus. I read not this word in any English writer, but only the author of the book called pupilla oculi. part 9 cap. 7. A. D. I think we rather use passage for it. Pedagia dicuntur quae dantur â transeuntibus in locum constitutum à principe. Et capiens pedagium debet dare saluum conductum, & territorium eius tenere securum. Baldus in usibus Feudorum. de pa. iura. fir. §. Conventionales. Cassan. de consuetud. Burg. pag. 118. hath these words, Pedagium a pede dictum est, quòd à transeuntibus solvitur, etc.  
Peer (pila) seemeth properly to be a fortress made against the force of the sea, for the better security of ships, that lie at harbour in any haven. So is the peer of Dover described in M. Camd. Brit. p. 259. in meo.  
Peers (pares) cometh of the French (per. i. par) it signifieth in our common law, plurally those, that are empaneled in an inquest, upon any man for the convicting and clearing him of any offence, for the which he is called in question. And the reason thereof is, because the course and custom of our nation is, to try every man in this case by his equals. West prim. cap. 6. anno. 3. Ed. prim. So Kitchen useth it. fol. 78. in these words: Mais si le amerciament soit affirre per pares. And this word in this signification, is not in use with us only, but with other nations also. For pares sunt convasalli, quorum sententiá vasallus propter feloniam est condemnatus. Barklaius de Regno, lib. 4. cap. 2. Et pares sunt qui ab eodem domino feudum tenent, lib. prim. Feudor. cap. 26. But this word is most notoriously used for those that be of the Nobility of the Realm, and Lords of the Parliament, and so is it used in Stawnf. pl. of the Crown, lib. 3. cap. Trial per les Peers, being the first. The reason whereof is, because though there be a distinction of degrees in our Nobility, yet in all public actions they are equal: as in their voices in Parliament, and in passing upon the trial of any Noble man, etc. This appellation seemeth to be borrowed from France, and from those twelve Peers, that Charles the Great, (or Lewis the younger, in some men's opinion) instituted in that kingdom, which be next unto the King, and are of like dignity among themselves, touching their power in public affairs. Of whom you may read Vincentius Lupanus de magistrate. Fraunciae lib, 1. cap. Pares Fraunciae. So that we though we have borrowed the appellation, and applied it with some reason to all that are Lords of the Parliament, yet have we no set number of them, because the number of our Nobles, may be more or less, as it pleaseth the King.  
Pelota, is a word used in the book called (pupilla ocult) part 5. cap. 22. signifying the ball of the foot, of the French (pelote.) i. pila.  
Peru fort & dure. See Pain for & dure.  
Pelt wool, is the will pulled off the skin or pelt of dead sheep, anno 8. H. 6. cap. 22.  
Penon, anno 11. R. 2. cap. prim. is a Standard, Banner, or Ensign, carried in war. It is borrowed from France: for pennon in the French language signifieth the same thing. See Baneret: yea read this word anno 21. R. 2. cap. 1.  
Pen, See Bay.  
Pepper, (piper) is a spice known in a manner to every child, being the fruit of a plant, that is between a tree and an herb: of whose diversities and nature, you may read Genards' herbal, lib. 3. cap. ●46. This is set among merchandise that are to be garbled. anno, 1. jacob. cap. 19  
Pepper louse, anno, 32. H. 8 cap. 14.  
Per. cui, & post, See Entry.  
Perambulatione facionda, is a writ, that is siewed out by two or more Lords of manets, lying near one another, and consenting to have their bounds severally known. It is directed to the shreeve, commanding him to make perambulation, and to set down their certain limits between them. Of this read more at large in Fitz. nat. br. fol. 133. See Rationabilibus divisis. See the Regist. orig. fol. 157. and the new book of Entries, verbo, Perambulatione facienda.  
perch (pertica) is a French word, signifying a long pole. It is used with us for a Rod or Pole of 16. foot and a half in length. Where of 40 in length and four in breadth make an acre of ground. Cromptons'. Iurisd. fol. 222. Yet by the custom of the country, is may be longer, as he there saith: For in the Forest of Sheerewood it is 25. foot, fol. 224. M. Skene de verbor. signif. verbo, Particata terrae, saith, that particata terrae is a Rood of land: where he hath also these words in effect: Three beer corns without tails set together in length make an inch: of the which corns one should be taken of the mid ridge, one of the side of the ridge, another of the furrow. Twelve inches make a foot of measure: three foot and an inch make an elne; six elnes long make one fall. which is the common lineal measure, and six elnes long, and six broad, make a square and superficial fall of measured land. And it is to be understood, that one rod, one raip, one line all fall of measure, are all one, for each one of them containeth six elnes in length. Howbeit, a rod is a staff or pole of wood, a raipe is made of tow or hemp. And so much land as falleth under the rod or raipe at once, is called a fall of measure, or a lineal fall: because it is the measure of the line or length only. Like as the superficial fall is the measure both of length and breadth. Item, ten falls in length and four in breadth make a Rood; four roods make an acre, etc. This is the measure of Scotland, where of you may read more in the same place.  
Perdonatio utlagariae, in the Register judicial, fol. 28. is the form of pardon for him, that for not coming to the king's court is outlawed, and afterward of his own accord yieldeth himself to prison.  
Peremptory (peremptorius) cometh of the verb (perimere) to cut of, and joined with a substantive (as action or exception) signifieth a final and determinate act without hope of renewing. So Fitzh. calleth a peremptory action, nat. br. fol. 35. P. fol. 38. M. fol. 104. O. Q. R. fol. 108. D. G. and nonsuite peremptory. idem, eodem, fol. 5. N. F. fol. 11. A. peremptory exception. Bracton li. 4. ca 20. Smith de rep. Anglorum, li. 2. ca 13. calleth that a peremptory exception, which can make the state and issue in a cause.  
Perinde valere, is a dispensation granted to a clerk, that being defective in his capacity to a benefice or other ecclesiastical function, is de facto admitted unto it. And it hath the appellation of the words which make the faculty as effectual to the party dispensed with, as if he had been actually capable of the thing, for which he is dispensed with, at the time of his admission.  
Perkins, was a learned Lawyer, fellow and bencher of the inner Temple, that lived in the days of Edward the 6. and Queen Mary. He writ a book upon divers points of the common law of very great commendation.  
Permutatione Archidiaconatus & ecclesiae eidem annexae, cum ecclesia & praebenda, is a writ to an Ordinary commanding him to admit a clerk to a benefice, upon exchange made with another: Register orig. fol. 307. a.  
Pernour of profits, cometh of the French verb (prendre. i. accipere) and signifieth him that taketh as pernour of profits, anno 1. H. 7. ca pri. Pernour de profits, and cesti queuse is all one, Coke li. i casu Chudley. fol. 123. a. See Pernour, anno 21. R. 2. ca 25.  
Per quae seruitia, is a writ judicial issuying from the note or fine, and lieth for the cognizee of a manner, signory, chief rent, or other services, to compel him that is tenant of the land at the time of the note of the fine levied, to atturne unto him. West part 2. symbol. titulo Fines. sect. 126. To the same effect speaketh the old nat. br. fol. 155. See also the new book of Entries. ver●● Per quae seruitia.  
Perquisite (perquisitum) signifieth, in Bracton, any thing purchased, as perquisitum facere. 〈◊〉 2. cap. 30. nu. 3. & lib. 4. ca 22. Perquisites of court, be those profits that grow unto the Lord of a manner, by virtue of his Court Baron, over and above the certain and yearly profits of his land, as escheats, marriages, goods purchased by villains, fines of copy holds, and such like. New terms of the law.  
Person. See Parson.  
Personable, signifieth as much as inhabled to hold or maintain plea in a court. for example: The demandant was judged personable to maintain this action. old. nat. br. fol. 142. and in Kitchen fol. 214. The tenant pleaded that the wife was an alien borne in Portugal without the ligeance of the King, and judgement was asked whether shewould be answered. The plaintiff saith: she was made personable by Parliament, that is, as the Civilians would speak it, habere personam standi in judicio. Personable is also as much, as to be of capacity to take any thing granted or given. Plowden, casis Colthirst. fol. 27. b.  
Personal (Personalis) hath in our common law, one strange signification, being joined with the substantive, things, goods, or Chatels: as things personal, goods personal, Chatels personal, for thus it signifieth any corporeal, and movable thing belonging to any man, be it quick, or dead. So is it used in West, part 2. symbol. titulo Inditements, sect. 58. in these words. Theft is an unlawful felonious taking away of another man's movable personal goods, and again, fol. 61. Larceny is a felonious taking away of another man's movable personal goods; & Kitchen f. 139. In these words: Where personal things shallbe given to a corporation: as a horse, a cow, an ox, sheep, hogs, or other goods, etc. and Stawnford. pl cor. fo. 25. Contrectatio rei aliena, is to be understood of things personal: for in things real it is not felony, as the cutting of a tree is not felony. The reason of this application, see in chatel.  
Personalty (Personalitas) is an abstract of persovall. The action is in the personalty, old. nat. br. fol. 92. that is to say, brought against the right person, or the person against whom in law, it lieth. I find these contrary words. (Personalitas & Impersonalitas) in the author of the book called vocabularius utriusque juris: as for example, Personalitas significatur per has dictiones: tu, mihi, ego, tibi, cum alto significato quod probabiliter conclulitur & si nullo modo concludatur, tunc est Impersonalitas, quia actum vitiat, prout ratio dictat. verbi gratia. Ego stipulor: constituis te mihi soluturum debitum a Titio mihi debitum: Tu respondes, Satisfiet. Haec Impersonalitas non contrahit obligationem.  
Persons ne Praebendaries ne seront charges as quinsimes, etc. is a writ that lieth for preb endaries or other spiritual persons, being distrained by the shreeve, or collectors of fifteenths, for the fifteenth of their goods, or to be contributory to taxes. Fitzh. nat. br. fol. 176.  
Pesterable wares, seem to be such wares, as pester and take up much room in a ship, anno 32. H. 8. cap. 14.  
Peter pence (Denar 〈…〉 Sancti Petri) otherwise called in the Saxon tongue Roomfooh. i. the see of Rome, or due to Rome, and also Romescot, and Rome penning, was a tribute given by Inas King of the west Saxons being in pilgrimage at Rome, in the year of our Lord. 720. which was a penny for every house. Lamberds explication of Saxon words. verbo Numus. whom see also fol. 128. in Saint Edward's laws. nu. 10. where it is thus written. Omnes qui habent 30. denariatus vivae pecuniae in domo sua de suo proprio, Anglorum lege dabit denarium Sancti Petri, & lege Danorum, dimidiam merkam: Iste verò denarius debet summoniri in solennitate. Apostolorum Petri & Pauli & colligi ad festivitatem, quae dicitur ad vincula: ita ut ultra illum diem non detincatur. Si quispiam detinuerit, ad Insticiam Regis 〈◊〉 deferatur, quoniam denarius hic Rogis eleemmoz 〈…〉 est, justicia verò faciat denarium 〈◊〉 dear, & foriffacturam. Episcopi● & Regis. Quòd si quis domos plures had buerit, de illa, ubi residens fuerit infesto Apostolorum Petri & Paul● denarium reddat. See also King Edgar's laws. fol. 78. cap. 4. which containeth a sharp constitution touching this 〈…〉ter, Stowe in his Annals, pag. 67. saith, that he that had 20. peni worth of goods of one manes cattles in his house, of his own proper, was to give a p 〈…〉 at Lammas yearly. See Rome's 〈…〉  
Petit Cape. See Cape.  
Petit Larceny (parvum latr 〈…〉 nium) See Larcenye.  
Petit treason (parva traditio) in true French is (petit trahizon. 〈…〉 proditio minor) treason in a lesser or lower kind. For whereas treason in the highest kind, is an offence done against the security of the common wealth West part 2. symb. titulo Indi●ements, sect. 63. petit treason is of this nature, though not so expressly as the other. Examples of petit treason you shall find to be these: if a servant kill his master, a wife her husband, a secular or religious man his prelate, anno 25. Edward 3. cap. 2. Whereof see more in Staw●f. pl. cor. lib. 1. cap. 12. See also Crom 〈…〉 justice of peace. fol. 2. where he addeth divers other examp 〈…〉 those of Stawnford. For the punishment of petit treason, see the statute, anno 22. H. 8. cap. 14. and Crompton ubi supra.  
Petition (Petitio) hath a general signification for all entreaties made by an inferior to a superior, and especially to one having jurisdiction: But most especially it is used for that remedy, which the subject hath to help a wrong done, or pretended to be done by the King. For the King hath it by prerogative, that he may not be siewed upon a writ. Stawnf. praer. cap. 15. whom also read cap. 22. And a petition in this case is either general, or special. It is called general of the general conclusion set down in the same. viz. que le Roy lui face droit & reison. that the King do him right and reason: whereupon followeth a general endorsement upon the same. soit 〈◊〉 fait aux partis. let right be done to the partise. Petition special is where the conclusion is special for this or that: and the Endorsement to that is likewise special. See the rest cap. 21.  
Petra lanae, a stone of wool See Stone.  
Philiser, See Filazer.  
Piccage (Piccagium) is money paid in fairs for breaking of the ground to set up booths or standings.  
Picle, all 〈…〉 p 〈…〉 seemeth to come from the Italian (piccolo vel picciolo. i. parvus, minutus) and signifieth with us a little small close or enclosure.  
Pienour, cometh of the French (Pionnier. i. fossor) and signifieth such labourers, as are taken up for the King's host to cast trenches, or undermine forts anno. 2. & 3. Ed. 6. cap. 20.  
Piepowders court (Curia pedis pulverizati) cometh of two French words (pie●. i. pes) and pouldreux. i. pulverulentus) It signifieth a court held in fairs for the redress of all disorders committed within them: which because it is summary, de plano, & sine figura judicii, it hath the name of dusty feet, which we commonly get by sitting near the ground: of this see Cromptons' Iurisd. fol. 221. Read M. Skene. de ver. signif. verbo Pedepulverosus: which word he reporteth to signify a vagabond, especially a merchant, which hath no place of dwelling, where the dust may be wiped of his feet or shoes, & therefore must have justice summarily ministered unto him. viz. within three flow and three ebbings of the sea. Bract. calleth it justitiam pepoudrous, li. 5. tract. 1. ca 6. nn. 6. Of this court read the statute anno 17. Ed. 4. cap. 2.  
pill of Foddray, in the county of Lancastor, an. 〈◊〉. H. 6. ca 5. seemeth to be a creak, and called pill by the ideom of the country for pile: for the which see Pile.  
Pillory (Collistrigium, Pillorium) cometh of the French (Pilorie) which may seem to smell of the greek, and to proceed from (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) because one standing on the pillory putteth his head through a kind of door. i. ianua: & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. video: it signifieth all one thing with it, saving that the French is used for a tumbril, as well as for that which we call the pillory, There is a statute made of the pillory. anno 51. H. 3. wherein you may see who were then subject to this punishment. This was among the Saxons called Healsfang of (Heals) a neck and (Fang) to take, Lamb. explication of Saxon words. verbo. Mulcta.  
Pipe (pipa) seemeth to be a roll in the exchequer, otherwise called the great roll, anno 37. Ed. 3. ca 4. See Clerk of the pipe. It is also a measure of wine or oil couteining half a tun, that is six score & six gallons, anno 1. R. 3. cap. 13.  
piscary (piscaria) cometh of the French (peschario. i. piscatio) It signifieth in our common law, a liberty of fishing in an other man's waters.  
Pittle. See Picle.  
Placard, anno 2. & 3. Ph. & Mar. cap. 7. is a licence whereby a man is permitted to maintain unlawful games.  
Plaint (Querela) is a French word, signifying as much as Questus, querimonia. In our common law, it is used for the propounding of any action personal or real in writing. So it is used in Brooke, titulo. Plaint in Assize. And the party making this plaint, is called plaintiff: Kitchen, fol. 231.  
Plea (placitum) cometh of the French (ploid. i. lis. controversia). It signifieth in our common law, that which either party allegeth for himself in court. And this was wont to be done in French from the Conquest until Edward the 〈◊〉 who ordained them to be done in English. a. 36. cap. 15. Pleas are divided into pleas of the Crown, and common pleas. Pleas of the Crown in Scotland be 4. robbery, rape, murder, and wilful fire, Skene de verb. sign. verb. Placitum. with us they be all suits in the King's name against offences committed against his Crown and dignity. Stawnf. pl. cor. cap. 1. or against his Crown and peace. Smith. de Repub. Augl. li. 2. cap. 9 And those seem to be treasons, felonies, misprisions of either, and mayhem. For those only doth that reverend judge mention in that tractat. Common pleas be those that be held between common persons. Yet by the former definitions, these must comprise all other, though the king be a party. Plea may farther be divided into as many branches as Action, which see. For they signify all one. Then is there a Foreign plea, whereby matter is alleged in any court that must be tried in another. As if one should lay Bastardy to another in a court Baron. kitchen. fo. 75. The word (placitum) is used by the Commentours upon the Feuds in the same signification that pleas be with us. And (placitare) with them is (litigare, & causas agere. Hotom. in verb. feudal. verb. Placitare.  
Pledge (Plegius) cometh of the French (Pleige. i. fideiussor) Pleiger ancun. i. fideiubere pro aliquo. In the same signification is Plegius used by Glanuile. libro decimo, capite quinto, and Plegiatio for the act of suretyship in the interpreter of the Grand customary of Normandy, capite. 60. Plegii dicuntur persona● qua se obligant ad hoc, ad quod qui eos mittit tenebatur. And in the same book, capit. 89. & 90. Pligutio is used as Glanuile before doth use it. Salui plegii, be used for plegii, pupil. oculi, part quint. capit. 22. Charta de Foresta. This word plegius is used also for Frank pledge sometime, as in the end of William Conquerors laws set out by Master Lamberd in his Archaiononi. fol. 125. in these words. Omnis homo qui volverit se teneri pro libero, sit in plegio, ut plegius eum habeat ad justiciam, si quid offenderit, etc. And these be called capital pledges. Kitchen. folio decimo. See Frank pledge.  
Plena forisfactura, and plena vita, fee Forfeiture.  
Plegiis acquietandis, is a writ that lieth for a surety against him, for whom he is surety, if he pay not the money at the day. Fitzh. not br. fol. 137. Regist. original. 158. a.  
plenarty, is an abstract of the adjective (plenus) and is used by our common Lawyers in matter of benefices▪ Wherein plenarty and vacation be merely contrary. Stawnford. prarogativ. cap. octau. fol. 32. West. secundo, capit. quint. anno 13. Edvard. pri.  
Plevin (plevina) cometh of the French (plenine. i. sponsio)  
See Replevin.  
Plight of Lawn, etc. anno. 3. Ed. 4. cap. 5. seemeth to be a certain measure, as a yard, or elle, etc.  
Plonkets, anno 1. R. 3. cap. 8. is a kind of woollen cloth.  
Pluries, is a writ that goeth out in the third place. For first goeth out the original Capias: which, if it speed not, then goeth out the Sicut aliâs: and if that fail, than the Pluries. See old nat. br. fol. 33. In the writ De excom. capiendo, see in what diversity of cases this is used in the Table of the original Regist.  
Pole. See Perch.  
Polein, anno 4. Ed. 4. cap. 7. seemeth to be a sharp or picked top set in the forepart of the shoe or boott. This fashion was first taken up in Richard the seconds days, the picks being made so long as they were tied up to the knees with silver or golden chains, and forbidden by Edward the fourth. Stow pag. 4.  
Policy of assurance, is a course taken by those which do adventure wares or merchandise by sea, whereby they, loche to hazard their whole adventure, do give unto some other a certain rate or proportion, as ten in the hundred, or such like, to secure the safe arrival of the ship, and so much wares at the place; agreed upon. So that if the ship and wares do miscarry, the assrer maketh good to the venturer so much as he promiseth to secure, as 20. 30. 100 more or less: and if the ship do safely arrive, he gaineth that clearly which the venturer compoundeth to pay him. And for the more even dealing between the venturer and the securer in this case, there is a certain Clerk or officer ordained to set down in writing the sum of their agreement, that they afterward differ not between themselves upon the bargain. This is in course Latin elsewhere called assecuratio. This term you have anno 43. Fliz. cap. 11.  
Pondage. See Poundage.  
Pone, is a writ, whereby a cause depending in the County court, is removed to the common Bank. old nat. br. fol. 2. See in what diversity of cases it is used, in the table of the Original Register.  
Pone per vadium, is a writ commanding the Shyreene to take surety of one for his appearance at a day assigned: of this see five sorts in the table of the Regists judic. verbo, Pone per vadium.  
Ponondis in Assisis, is a writ founded upon the statute of Westm. 2. cap. 38. and upon the statute Articuli super chartas cap. 9 which statutes do show, what persons viscounts ought to impanell upon Assizes and juries, and what not: as also what number he should empanel upon juries and Inquests, which see in the Register orig. fol. 178. a. and in Fitz. nat. br. fol. 165.  
Ponendo in ballum, is a writ whereby to will a prisoner held in prison, to be committed to bail in cases bailable. Register orig. fol. 133. b.  
Ponendo sigillum ad exceptionem, is a writ whereby the king willeth justices, according to the statute of Westm. 2. to put their seals to exceptions laid in against the plaintiffs declaration by the defendant.  
Pontage (pontagium) is a contribution toward the maintenance or re-edifying of bridges Westm. 2. cap. 25. anno 13. Ed. pri. It may be also tolle taken to this purpose of those that pass over bridges, anno 39 Eliz. cap. 24. anno 1. H. 8. cap. 9 and see the statute, anno 22. H. 8. cap. 5.  
Pontibus reparandis, is a writ directed to the shreeve, etc. willing him to charge one or more to repair a bridge, to whom it belongeth. Regist. orig. fol. 153. b.  
Portgreve (portgrevius) is compounded of two words (port) & (grieve) or (grave) i. praefectus. It signifieth with us the chief magistrate in certain coast towns, and as M. Camden saith in his Britan. pag. 325. the chief magistrate of London was termed by this name: in steed of whom Richard the first ordained two Bailiffs: but presently after him, King john granted them a Mayor for their yearly Magistrate.  
Porter of the door of the Parliament house, is a necessary officer belonging to that high court, & enjoyeth the privileges accordingly. Cromptons'. Iurisd. fol. 11.  
Porter in the circuit of justices, is an officer that carrieth a verge or white rod before the justices in Eyre, so called, a portando virgam, anno 13. Ed. 1, cap. 24.  
Porter bearing verge (virgator) before the justices of either benth, anno 13. Ed. 1. cap. 41. See Vergers.  
Portemote, is a word compounded of (port. i. portus) and the Saxon (Gemettan. i. convenire) or of the French (mot. i. dictio, verbum.) It signifieth a Court kept in haven towns, as Swainmote in the Forest. Manwood, part prim. of his Forest laws, pa. 111. It is sometime called the Portmoote Court, anno 43. Eliz. cap. 15.  
Portsale, anno 35. H. 8. cap. 7. id est, sale of fish presently upon return in the haven.  
Possession (possessio) is used two ways in our common law. First for lands and inheritance: as, he is a man of large possessions. In which signification it is also used among the Civilians sc: for the thing possessed, l. possessionum: Cod. commun. utriusque judic. Next, for the actual enjoying of that, which either in truth or pretence is ours. And in this signification there is possession indeed, and possession in law: pl. cor. fol. 198. The example there is this: Before or until an office to be found, the king hath only possession in law, and not in deed, speaking of the lands escheated by the attainder of the owner. See praerog. fol. 54. &. 55. In this signification also there is an unity of possession, which the Civilians call Consolidationem. Take an example out of Kitchen, fol. 134. if the Lord purchase the tenancy held by Heriot service, than the Heriot is extinct by unity of possession: that is, because the signory and the tenancy be now in one man's possession. Many divisions of possession you may read in Bracton. lib. 2. cap. 17. per totum.  
Post. See Per.  
Post diem, is a return of a writ after the day assigned for the return: for the which, the Custos brevium hath four pence, whereas he hath nothing, if it be returned at the day: or it may be the fee taken for the same.  
Post fine, is a duty belonging to the king for a fine formerly acknowledged before him in his court which is paid by the cognizee, after the fine is fully passed, and all things touching the same wholly accomplished. The rate thereof is so much and half so much, as was paid to the king for the fine, and is gathered by the shreeve of the County where the land, etc. lieth, whereof the fine was levied, to be answered by him into the Exchequer.  
Post term, is a return of a writ, not only after the day assigned for the return thereof, but after the term also; which may not be received by the Custos brevium, but by the consent of one of the judges it may be also the fee which the Custos brevium taketh, for the return thereof, which is twenty pence.  
Postea, is a word used for a matter tried by Nisi prius, and returned into the court of common pleas for judgement, and there afterward recorded. See Plowden, casu Saunders. fol. 211. a. See an example of this in Sir Edw. Coke reports. volume. 6. Roland's case. fol. 41. b. 42. a. See Custos brevium.  
Post disseisin (post disseisina) is a writ given by the statute of West. 2. cap. 26. and lieth for him that having recovered lands or tenements by (praecipe quod reddat) upon default, or reddition, is again disseised by the former diffeisour. Fitz. nat. br. fol. 190. see the writ that lieth for this in the Register original, fol. 208. a.  
Posteriority, (posterioritas) is a word of comparison and relation in tenure, the correlative whereof is priority. For a man holding lands or tenements of two lords, holdeth of his ancienter Lord by priority, and of his later Lord by posteriority. Stawn. praerog. fol. 10. & 11. when one tenant holdeth of two Lords, of the one by priority, of the other by posteriority, etc. old nat. br. fol. 94.  
Purchase (perquisitum) cometh of the French (pourchasser, i. sollicitare, ambire:) it signifieth the buying of lands or tenements with money or other agreement, and not the obtaining of it by title or descent. Coniunctum perquisitum. joint pourchase. Regist. original. fol. 143. b.  
Pour fair proclaimer, que nul eniect fimes ou ordures en fosses eurivers pres cities, etc. is a writ directed to the Mayor, Shyreeve or Bailiff of a city or town, commanding them to proolaime, that none cast filth into the ditches or places near adjoining: and if any be cast already, to remove it. This is founded upon the statut, anno 12. Rich. 2. cap. 13. Fitzherb. nat. br. fol. 176.  
Pourparty (propars, propartis, vel propartia) is contrary to (pro indiviso) For to make pourparty is to divide, and sever the lands that fall to Parceners, which before partition they hold jointly, and pro indiviso. old. nat. br. fol. 11.  
Pourpresture (pourprestura, vel perprestura, vel paraprestura) seemeth to come from the French (pourpris. i. conseptum.) It is thus defined by Glanuile, lib. 9 cap. 11. Pourprestura est propriè, quando aliquid super Dominum Regem iniustè occupatur. Vt in Dominicis Regis, vel in viis publicis abstructis, vel in aquis publicis transuersis à recto cursu: vel quando aliquis in civitate super Regiam plateam aliquid adificando occupaverit: & generaliter, quoties aliquid fit ad nocumentum Regii tenementi, vel Regiae viae, vel civitatis. Crompton. in his Iurisd. fol. 152. defineth it thus: Pourpresture is properly when a man taketh unto himself or incrocheth any thing that he ought not, whether it be in any jurisdiction, land or fraunchis: and generally, when any thing is done to the Nuisance of the king's tenants. Et idem, eodem, fol. 203. saith to the same effect, but more at large. See Kitchen, fol. 10. and Manwood, part prim. of his Forest laws, pag. 169. & part 2. cap. 10. per totum. See Skene de verbor. signif. verb. Purpresture. Where he maketh three sorts of this offence: one against the King, the second against the Lord of the fee: the third, against a neighbour by a neighbour lying near him.  
Pour seisir terres la femme que tient en Dower, etc. is a writ whereby the King seizeth upon the land, which the wife of his Tenent, that held in capite, diseased, hath for her Dowry, if she marry without his leave: and is grounded upon the statute of the King's prerogative. cap. 3. see Fitzh. fol. 174.  
Poursuyvant, cometh of the French (poursuiure. i. agere, agitare, persequi) It signifieth the Messenger of the king attending upon him in wars, or at the counsel table, the Star Chamber, Exchequer, or commission court, to be sent upon any occasion, or message, as for the apprehension of a party accused, or suspected of any offence committed. Those that be used in marshal causes, be called Poursw 〈…〉 'tis at arms, anno 24. Hen. 8. cap. 13. whereof there be four in number of especial names, which see in Herald. And M. Stowe speaking of Richard the third his end. pag. 784. hath these words: For his body was naked to the skin, notso much as one clout about him, and was trussed behind a Pursuyvant at arms, like a hog, or a calf, etc. The rest are used upon other messages in time of peace, and especially in matters touching jurisdiction. See Herald.  
Pourueyour, (provison) cometh of the French (pour 〈…〉. i. providere prospicere.) It signifieth an Officer of the King, Queen, or other great parsonage, that provideth corn and other victual, for the house of him whose Officer he is. See magna charta. cap. 22. & 3. Ed. prim. cap. 7. & cap. 31. & anno 28. eiusdem. Articuli super chartas. 2. and many other statutes gathered by Rastal under this title.  
Powldavis. anno 1. jacob. ca. ●4.  
Power of the county, (posse c 〈…〉 tatus) by M. Lamberds opinion in his Eirenar. lib. 3. cap. 1. fol. 309. containeth the aid and attendance of all Knights, gentlemen, yeomen, labourers, servants, apprentices, and villains: and likewise of Wards, and of other young men above the age of fifteen years, within the county, because all of that age are bound to have harness, by the statute of Winchester. But women, ecclesiastical persons, and such as be decrepit, or do labour of any continual infirmity, shall not be compelled to attend. For the statute 2. H. 5. cap. 8. (which also worketh upon the same ground) saith, that persons sufficient to travel, shall be assistant in this service.  
Pound (parcus) seemeth to signify generally any enclosure of strength to keep in beasts: but especially, with us, is signifieth a place of strength to restrain cattles being distrained or put in for any trespass done by them, until they be replevied or redeemed. And in this signification it is called a pound overt, or open pound being builded upon the waist of some Lord within his fee, and is called the Lords pound. For he provideth it to his use, and the use of his tenants. See kitchen. fol. 144. It is divided into pound open, and pound close: pound open or overt, is not only the lords pound, but a backside, court, yard, pasture, or else what soever, whether the owner of any beasts impounded may come to give them meat and drink without offence, for their being there, or his coming thither: pound close is then the contrary viz. such a one as the owner cannot come unto, to the purpose aforesaid without offence, as some close house, or such like place.  
Powndage, is a Subsidy granted to the King of all manner of merchandise of every merchant denizen and alien, carried out of this realm, or brought into the same by way of Merchandise, to the value of twelve pence in every pound, anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. jacobi, cap. 33.  
Pray age. See Age prier.  
Pray in aid. See Aid.  
Prebend (praebenda) is the portion, which every member, or Canon of a Cathedral church receiveth in the right of his place, for his maintenance. And though use have wrought the latin word into the nature of a Substantive: yet I think it originally to be an adjective, or participle, and to have been joined with (pars or portio) as (Canonica portio) which is in a manner all one in signification. How be it (Canonica portio) is properly used for that share which every Canon or Prebendary receiveth yearly out of the common stock of the Church: and praebenda is a several benefice rising from some temporal land, or church appropriated, toward the maintenance of a Clerk, or member of a Collegiate Church; and is commonly surnamed of the place, whence, the profit groweth. And prebend's be either simple, or with dignity. Simple prebend's be those, that have no more but the revenue toward their maintenance: prebend's with dignity are such, as have some jurisdiction annexed unto them according to the divers orders in every several church. Of this see more in the title. De praebendis, & dignitat: in the decretals. Alciat saith that (praebenda) in the plural number and neuter gender was anciently used: as now (praebenda) in the singular number and feminine gender is used. parerg. ca 43.  
Praebendary (praebendarius) is he that hath a prebend: See Praebend.  
Precept (praeceptum) is diversly taken in the common law: sometime for a commandment in wrighting sent out by a justice of peace, or other for the bringing of a person one or more, or records before him: of this you have examples of divers in the table of the Reg. judicial: And this use seemeth to be borrowed from the customs of Lombardy, where praeceptum signifieth scripturam, vel instrumentum. Hot. in verbis feudal. & libro. 3. Commentariorum in libros fendorum, in praefatione. Sometime it is taken for the provocation, whereby one man inciteth an other to commit a felony, as theft, or murder. Stawnf. pl. cor. fol. 105. Bracton calleth it (praeceptum) or (mandatum) lib. 3. tract. 2. ca 19 whence a man may observe three diversities of offending in murder: Praeceptum, fortia, consilium: praeceptum, being the instigation used before hand, fortia, the assistance in the fact, as help to bind the party murdered, or robbed: consilium, advise either before or in the deed. The Civilians use (mandatum) in this case, as appear by Angelus in tracta: de maleficus. vers. Sempronium Mandatorem.  
Praeceptories, anno 32. H. 8. cap. 24. were benefices in a kind, & termed preceptories, because they were possessed by the more eminent sort of the Templars, whom the chief master by his authority created and called (praeceptores Templi) joach. Stepha. de Iurisdict. li. 4. cap. 10. num. 27. See Comaundry.  
Praecipe quod reddat, is a writ of great diversity touching both the form and use, for better declaration whereof see Ingressu, and Entry. This form is extended as well to a writ of right, as to other writs of entry, or possession. old. nat. br. fol. 13. and Fitzh. nat. br. fol. 5. And it is called sometime a writ of Right close, as a praecipe in capite, when it issueth out of the court of common pleas for a tenant holding of the King in chief, as of his Crown, and not of the King, as of any honour, castle or manner. Register orig. fol. 4. b. Fitzh. nat. br. fol. 5. F. Sometime a writ of Right patent: as when it issueth out of any Lords court, for any of his tenants deforced, against the deforcer, and must be determined there. Of this read more at large in Fitzh. nat. br. in the very first chapter or writ of all his book.  
Praemunire, is taken either for a writ, or for the offence whereupon the writ is granted. The one may well enough be understood by the other. It is therefore to be noted, that the church of Rome under pretence of her supremacy and the dignity of Saint Peter's chair, grew to such an encroaching, that there could not be a benefice (were it Bishopric, Abbathy, or other) of any worth here in England, the bestowing whereof could escape the Pope by one means or other. In so much, as for the most part, he granted out Mandates of ecclesiastical livings, before they were void to certain people by his bulls, pretending therein a great care to see the Church provided of a Successorbefore it needed. Whence it grew that these kind of Bulls were called (Gratiae expectativae) or (Provisiones) whereof you may read a learned discourse in Duarenus that worthy Civilian in his tractat: De beneficiis lib. 3. c. 1. and in his treatise De immunitate ecclesiae Gallicanae. These provisions, wereso rife with us, that at the last, King Edward the third, that heroical Prince, not digesting so intolerable an oppression, made a statute in the 25. year of his reign, statuto 5. cap. 22. and another, statuto 6. eiusdem anni. cap. pri. and a third anno 27. against those that drew the King's people out of the Realm, to answer of things belonging to the king's court; and another anno 28. statu. 2. 6. 1. 2. 3. & 4. to the like effect whereby he greatly restained this liberty of the Pope. Yet such was the wantonness that grew out of his power, & the numb patience of princes in those days, that he still adventured the continuance of these provisions: in so much as King Richard the second made likewise a statute against them in the 12. year of his reign, cap. 15. and the 13. year statut. 2. ca 2. making mention of the said first statute of Edward the third, ratifiing the same, and appointing the punishment of those, that offended against it, to be perpetual banishment, forfeiture of their lands, tenements, goods, and cattles, as by the same doth more at large appear. And again in the 16. year of his reign, cap. 5. to meet more fully with all the shifts invented to defraud these former statutes, he expresseth the offence more particularly, and setteth the same punishment to it, that he ordained in the last former statute. for there toward the end he hath these words: If any purchase or pursiew, or do to be purchased, or pursiewed in the court of Rome, or else where, any such translations, processes, and sentences of excommunication, Bulls, Instruments, or any other things, etc. After him K. H. the fourth in like manner grieved at this importuny by other abuses not sully met with in the former statutes, in the second year of his reign, cap. 3. & 4. addeth certain new cases, and layeth upon the offenders in them the same censure, whereunto for shortness sake I refer you: admonishing likewise to add the statute, anno. 9 eiusdem. cap. pri. & anno 7. cap. 9 & 8. & anno 9 eiusdem. cap. 8. & anno 3. H. 5. cap. 4. Out of which statutes have our professors of the common law, wrought many dangers to the jurisdiction ecclesiastical, threatening the punishment contained in the statute anno. 27. Ed. 3. &. 38. eiusdem, almost to every thing that the court Christian dealeth in, pretending all things dealt with in those courts to be the disherison of the Crown. from the which, and none other fountain, all ecclesiastical jurisdiction is now derived: whereas in truth Sir Tho. Smith saith very rightly, and charitablely, that the uniting of the supremacy ecclesiastical, and temporal in the king, utterly voideth the use of all those statutes. Nam cessant ratione, cessat lex. And whatsoever is now wrought or threatened against the jurisdiction eccelesiastical, by colour of the same, is but in emulation of one court to another: and by consequent a derogation to that authority, from which all jurisdiction is now derived, and the maintenance whereof was by those Princes especially purposed. But of this read Sir Thomas Smith, lib. 3. de Rep. Angl. cap. 9  
Some later statutes do cast this punishment upon other offenders: as namely the statute, anno 1. El. cap. primo, upon him that denieth the King's supremacy the second time, etc. and the statue anno 13. El. ca 2. upon him that affirmeth the authority of the Pope: or that refuseth to take the oath of supremacy. and the statute, anno 13. El. cap. 1. fuch as be seditious talkers of the inheritance of the Crown, or affirm the Queen's Majesty to be an heretic. And the word is applied most commonly to the punishment first ordained by the statutes before mentioned, for such as transgressed them; but in later times imposed upon other offences. for that, where it is said that any man for an offence committed shall incur a praemunire, it is meant, that he shall incur the same punishment, which is inflicted against those that transgress the statute made, anno 16. R. 2. ca 5. which is commonly called the statute of praemunire, which kind of reference is not unusual in our statutes. Cor example, I show only the statute, anno 5. El. ca 5. where it is enacted that if any man preach or teach by wrighting, that the common Counsel of the Realm do by that statute forbid flesh to be eaten, as of necessity for the saving of man's soul, that he shall for such preaching, etc. be punished as they be, which be spredders of false news: having reference thereby to those statutes, which contain the punishment of such offenders.  
Now touching the Etymology of this word (Praemunire) some think it proceedeth from the strength given to the Crown by the former statutes, against the usurpation of foreign and unnatural power: which opinion may receive some ground from the statute, anno 25. Ed. 3. stat. 6. cap. pri. But other think it to grow from the verb (Praemonere) being barbarously turned into (Praemunire) which corruption is taken from the rude Interpreters of the Civil, and Canon laws, who indeed do use the effect (Praemunire) many times for the efficient cause (Praemonere) according to our proverb: He that is well warned, is half armed. And of this I gather reason from the form of the writ, which is thus conceived in the old. nat. br. fol. 143. Praemunire facias praefatum praepositum & I. R. procuratorem, etc. quod tune sint coram nobis, etc. for these words can be referred to none, but parties charged with the offence.  
Praepositus villae, is used sometime for the Constable of a town, or petit Constable. Cromptons' Iurisdict. fol. 205. how be it the same author, fol. 194. seemeth to apply it otherwise. for there quatuor homines praepositi, be those 4. men, that for every town must appear before the justices of the Forest in their Circuit. It is used sometime for a Reeve. See Reeve.  
Prerogative of the King (praeregativa regis) is that especial power, pre-eminence, or privilege that the King hath in any kind, over and above other persons, and above the ordinary course of the common law, in the right of his crown. And this word (Praerogativa) is used by the Civilians in the same sense. l. Rescriptum. 6. §. 4. Π. de hono. & muner. But that privilege that the Roman Emperor had above common persons, they for the most part comprised (sub iurefisci. Π. de iure fisct, per totum tit. & Co. li. 10. tit. 1. Among the Feudists this is termed (ius regalium, ius regaliorum vel a nonnullis ius regaliarum) But as the Feudists, sub iure regalium, so our lawyers (sub praerogativa regis) do comprise also, all that absolute height of power that the Civilians call (maiestatem, vel potestatem, vel ius imperii,) subject only to god: which (regalia) the Feudists divide into two sorts, maiora sc. &. minora regalia. for to use their own words, Quaedam regalia, dignitatem, praerogativam, & imperii praeemmentiam spectant: quaedam verò ad utilitatem, & commodum pecuniarium immediatè attinent: & haec proprièfiscalia sunt, & ad ius fisci pertinent. Peregri: de iure fisci, li. pri. cap. 1. nu. 9 See also Arnoldus Clapmarius. de arcanis Imperii. lib. pri. cap. 11. & seqq. who seemeth to make difference between maiestatem, & ius regaliorun. Others also make those (maiora regalia) that appertain to the dignity of the prince, and those minora, which enrich his coffers. Regnerus Sixtinus, de iure rega. cap. 2. By this it appeareth, that the statute of the King's prerogatue made, an. 17. Ed. 2. containeth not the sum of the King's whole prerogative, but only so much thereof, as concerns the profit of his coffers growing by virtue of his regal power and crown. for it is more than manifest, that his prerogative reacheth much farther: yea even in the matters of his profit, which that statute especially consisteth of. For example, it is the king's prerogative to grant protection unto his debtors against other creditors, until himself be satisfied. Fitzh. nat. br. fol. 28. B. to distrain for the whole rent upon one tenant, that hath not the whole land. Idem. fol. 235. A. to require the ancestors debt of the heir, though not especially bound. Brit. cap. 28. fo. 65. b. to seize upon money paid by his deptour into a court, for the satisfaction of an executor. Plowden, fol. 322. a. to permit his deptours to siew for their debts by a (Quo minus) in the exchequer. Perkins. Grawnts. 5. to be first paid by one that oweth money both to him and others. Dyer. fol. 67. nu. 20. to take the lands of accountants into his hands for his own satisfaction. Ploughed. casu Alms. fol. 321. & 322. to take his action of account against executors, eodem, fol. 320. not to be tied to the demand of his rent. Coke. li. 4. fo. 73. a. Now for those regalities which are of the higher nature (all being within the compass of his prerogative, and justly to be comprised under that title) there is not one that belonged to the most absolute prince in the world, which doth not also belong to our king, except the custom of the nations so differ (as indeed they do) that one thing be in the one accounted a regality, that in another is none. Only by the custom of this kingdom, he maketh no laws without the consent of the 3. estates though he may quash any law concluded of by them. And whether his power of making laws be restrained (de necessitate) or of a godly and commendable policy, not to be altered without great peril, I leave to the judgement of wisermen. But I hold it incontrowlable, that the king of England is an absolute king. And all learned politicians do range the power of making laws, inter insignia summae & absolutae potestatis. Maiora autem regalia sunt haec: clausula plenitudinis potestatis, & ex ea aliquid statuere, leges condere, ac eas omnibus & singulis dare, bellum indicere, belli indicenci licentiam alii dare, pronunciare ita ut a sententia appellari non possit, committere sive delegare alicui causam cum clausula appellatione remota, cognoscere de crimine laesae maiestatis, legitimare per rescriptum eos qui extra legitimum matrimonium nati sunt, ad famam, honores, & natales in integrum restituere, veniam aetatis dare, creare Deuces, Marchiones, Comites, regnum in feudum concedere. Huc referri potest ius erigendi scholam, quae hody Vniversitas vel Academia appellatur, etiam ius creandi doctores, gradu licentiae aliquem insigniendi, creandi magistratus, tabelliones, sive notarios, ius dandi insignia nobilitatis, sive nobiles creandi, ius cudendae monetae, nova vectigalia instituendi, vel instituta vectigalia augendi; Sixtinus ubi supra. So that those other which are mentioned in libris feudorum, and the interpreters of them, are (at the least for the most part) justly called regalia minora, as armandiae, viae publicae, flumina navigantia, portus, ripalia, vectigalia, monetae, mulctarum poenarumque compendia, bona vacantia, bona quae indignis auferuntur, bona eorum qui incestum matrimonium contrahunt, bona damnatorum, & proscriptorum, angariae & parangariae, extraordinariae ad expeditionem imperatoris collationes, potestas creandorum magistratuum ad justiciam exequendam, argentarie, palatia in civitatibus constituta, piscationum reditus, salinarum reditus, bona committentium crimen laesae maiestatis, thesaurus inventus. By setting down these regalities of both sorts, as they are accounted in the Empire, and other foreign kingdoms, they may be the more easily compared with our king's prerogatives, and so the differences noted between us and them. And whereas some things are before reckoned both (inter regalia maiora, & minora) the reader must understand that this may be in divers respects. For example, the power of raising a tribute, or of coining money is inter maiora: but the profit that groweth to the Prince by the one or other, is (inter minora) Now may there also be noted out of books a great number of prerogatives belonging to the king of this land, which do not bring profit to his coffers immediately, and therefore may be accounted inter regalia maiora, or at the least, in a middle or mixed nature, or inter maiora & minora, because by a consequent they tend to the increase of the king's exchequer. Of these such as I have observed in reading, I will set down as they come to my hands, without farther curiosity in dividing. It is the king's prerogative that he may not be siewed upon an ordinary writ as tenant to lands, but by petition. Ploughed. casu Walsingham foe 553. to have a cecessary consent in the appropriation of all benefices. Idem, casu Grendon. fol. 499. to waives and to demur, and to plead to the issue, or to waive the issue, and to demur upon the plea of the adverse part, yet not to change the issue another term after he and the adverse part be once at issue. Idem, casu Willion. fol. 23. 6. a. & casu Mines fol. 322. a. to be received in a suit before issue joined upon an (aid prior) Idem, casu Dutchry of Lancaster, fol. 221. b. to be never in nonage, eodem, fol. 218. b. that a man indicted may not wage battle with him. Idem casu nimes fol. 335. b. that no man upon any right may enter upon him being in possession, but must be put to suit. Dyer fol. 139. nu. 33. to seize the lands of his tenants that alienate without licence. Ploughed. casu. Mines. fol. 322. a. that no subject may wage his law against him. Broke. chosein action. 9 Coke. lib. 4. fol. 93. to present in the right of the youngest coparcener being his word before the elder. Ploughed: casu. Mines. fol. 332. b. & fol. 333. a. that a benefice by institution is not full against him. Coke. Digbies case, fol. 79. a. not to find pledges for the persecuting of any action. For he cannot be amerced. Fitzh. nat. br. fo. 31. F. & fo. 47. C. to siew in what court he will. Fitzh. nat. br. f. 7. B. & 32. E. to siew the writ Ne admittas after six months. Regist. orig. fol. 31. a. that a man's villain having remained in his ancient demesn by the space of a year, may not be recovered by the writ (de nativo habendo) Fitzh. nat. br. fol. 79. A. to grant an office with the (babendum post mortem alterius) Dyer. fo. 295. nu. 1. to shorten the ordinary time of summons (being 15. days) in writ of right. Brit. ca 121. to give what honour or place he listeth to his subjects. anno 31. H. 8. ca 10. to be owner of a forest. See Forest. to have free warren. See Warren. Not to be owted of his free hold. Cromptons' justice of peace. fol. 59 b. & 16. a. to arraign a man being both a Traitor, and a Felon, rather upon the treason, than upon the felony, because he may have the whole escheats. Idem. eodem. fol. 99 a. to warrant the day of appearance to his subject being in his service, and summoned to appear at a day certain. Fitzh. nat. br. fol. 17. a. divers of these and many others did belong (fisco imperatorum) which you may find in the Digest: De iure fisci. & Co. lib. 10. tit. 1. Besides these also many more may be observed to belong unto our King out of laws, which I leave to their collection that are of longer reading, and more painful industry.  
Prerogative of the Archbishop of Canterbury, or York, (prarogativa Archiepiscopi Cantuariensis, seu Eboracensis) is an especial pre-eminence, that these Sees have in certain cases above ordinary Bishops within their Provinces. And that of the Archbishop of Canterbury, principally consisteth of these points.  
First, in the confirmation of all elections made of Bishops by the Dean and Chapter of all Cathedral Churches, as also the consecration of them.  
Next, in a power of visiting his whole Province, of assembling Synods, of supplying the defects and negligences of inferior Bishops, of receiving appeals from their courts, of assigning coadiutours to those Bishops, that grow weak and insufficient to discharge their function, of appointing Vicars general to those that have either none, or an insufficient man employed in that office: and of dispensing in all ecclesiastical cases, wherein the laws bear dispensation: of taking oath of every Bishop, at his confirmation, to perform canonical obedience unto the See of Canterbury. But thes seem to belong unto him by an ordinary archiepiscopal authority.  
Certain other things there be, that appertain unto him more than ordinarily to other Archbishops: as the original calling of any person in any cause belonging to spiritual jurisdiction, out of any part of his province, though not appealed. But this point is now limited by the Statute made, anno 23. Henr. 8. ca 9  
The receiving of an appeal from the lowest judge ecclesiastical within his province immediately. The appointing of a keeper or guardian of the spiritualties during the vacancy of any bishopric. By which means all episcopal rites of the Diocese for that time do belong unto him: as Visitation, Institution to Benefices, and such like.  
The visitation of every Diocese within his province, when & in what order it pleaseth him. As also of all other privileged Churches. The probate of Testaments and granting of administrations, in case where the party deceased hath goods of any considerable value out of the diocese wherein he dieth. And that value is ordinarily five pounds, except it be otherwise by composition between the said Archbishop, and some other Bishop: as in the Diocese of London it is ten pounds.  
The probate of every Bishop's Testament, or the administration of his goods dying intestate, though not having any goods, chatels, or debts without the compass of his own jurisdiction. The bestowing of any one dignity or prebend in any Cathedral church upon the creation of a new Bishop, that himself thinketh good to make choice of.  
There may be more particulars of this prerogative, that I know not: but these may be sufficient to express the thing that I desire to declare. Who so desireth to read these more at large, and other privileges of this Church in temporal matters, may resort to the book entitled: De antiquitate Britannicae Ecclesia, & nominatim de privilegiis Ecclesia Cantuariensis historia: and especially to the 8. chapter of the said book. pa. 25.  
Prerogative Court, (curia prerogativae Archiepiscopi Cantuariensis) is the Court wherein all Wills be proved, and all administrations taken, that belong to the Archbishop by his prerogative, which see in Prerogative. And if any contention do grow between two or more touching any such will or administration, the cause is properly debated & determined in this Court. The judge of this Court is called judex Curiae praerogativae Cantuariensis. The Archbishop of York hath also the like power and court, which is termed his Exchequer, but far inferior to this in countenance and profit.  
Prescription (praescriptio) is a course or use of any thing for a time beyond the memory of man, as the exposition of the law terms doth define it. Kitchen fol. 104. saith thus: Prescription is, when for continuance of time, whereof there groweth no memory, a particular person hath particular right against another particular person. And custom is, where by continuance of time beyond memory, divers persons have gotten a right: with whom agreeth Sir Edward Cook, lib. 4. fol. 32. a. And usage is by continuance of time the efficient cause of them both, and the life of both prescription and custom. Thus saith Kitchen. But as in the Civil law, so I think likewise in the common, Prescription may be in a shorter time. As for example, where the Statute anno, 1. H. 8. cap. 9 saith, that all actions popular must be siewed within three years after the offence committed, and the Statute anno, 7. eiusdem. cap. 3. That four years being passed after the offence committed in one case, and one year in another, no suit can be commenced, and the Statute 31. Eliz. cap. 5. saith, (by way of correcting the two former statutes) that all actions, etc. brought upon any Statute, the penalty whereof belongeth to the King, shall be brought within two years after the offence committed, or else be void. And the Statute, anno 39 Eliz. cap. prim. & secund. saith, that actions brought after two year by any common person, or after three years by the king alone for decay of husbandry or tillage, shall be of no force. Whosoever offendeth against any such Statute, and doth escape uncalled for two years, or three years, in one case of the two later of these three Statutes, may justly be said to have prescribed an immunity against that action. The like may be said of the Statute made anno 23. Eliz. cap. prime. which saith, that all offences comprised in the Statute made in the 13. year of Eliz. cap. 2. are inquirable before both justices of peace and of Assize, within one year and a day, after the offence committed. Also the title that a man obtaineth by the passing of five years after a fine acknowledged of any lands or tenements, may justly be said to be obtained by prescription. And whereas the Statute, anno 8. R. 2. cap. 4. saith, that a judge or Clerk convicted for false entering of pleas, etc. may be fined within two years; the two years being ended, he prescribeth against the punishment of the said Statute; and whereas the Statute anno 11. H. 7. saith, that he which will complain of maintenance, or embracery, whereby perjury is committed by a jury, must do it within six days, those six days ended, the parties prescribe: and whereas the statute anno prim. Ed. 6. saith, that a man being not indicted within 3 months of any offences there mentioned touching Service and Sacraments, he shallbe clear from thence forward: the three months being ended, he prescribeth: And the same may be said of the statute anno 5. Ed. 6. cap. 5. which saith that a man shall not be indicted of any offence there mentioned touching the decay of tillage, after. 3. years. And whereas it is ordained by the statute anno 8. H. 6. cap. 9 that those which keep possession of lands by force after. 3. years possession held by themselves & their ancestors, shall not be subject to the arbitrement of Disseisours there set down, I hold this a prescription likewise against those censures. v. anno 23. H. 6. ca 15. Lastly a servant prescribeth liberty after a year. Bracton. li. 1. ca 10. nu. 3. and the right that is gotten in any Stray to a Lord of a manner, no man claiming it within the year and day after proclamation made, is an usucapion, or prescription. See Action perpetual, and temporal. And see Cromptons' justice of peace. fol. 173. b. ubi habebis festum. But see one rule for all in Lamb. Eirenarch. li. 4. ca 5. pa. 469. Of this prescription, and the learning touching the same, you may read a solemn report in S. Ed. Cooks, and Luttrels' case. vol. 4. fo. 84. b. & seqq.  
Presentation (Praesentatio) is used properly for the act of a patron offering his Clerk to the Bishop, to be instituted in a benefice of his gift: the form whereof see in the Register original fol. 302. a.  
Presentment, is a mere denunciation of the jurours themselves, or some other offices, as justice, Constable, searcher, surveyors &c. (without any information) of an offence inquirable in the court whereunto it is presented. See Lamberd Eirenarcha, lib. 4. ca 5. pa. 467.  
Precedent (Praeses) is used in the Common law for the kings Livetenent in any Province or function: as Precedent of Wales, of York, of Barwick. Precedent of the King's Council. anno. 22. H. 8. cap. 8. & anno 24. H. 8. cap. 3. & 14.  
Preignotarie (Protonotarius) is a word that seemeth to be made either of two French words (Prime) or Premier. i. primus) and (Notaire. i. Notarius, tabellio, or of two Latin words (prae) & notarius) quasi primus aut principalis notarius. The office is likewise borrowed from the later Romans, who made his name of half Greek, and half Latin, viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. primus, principalis) and (Notarius). It is used in our common law for the chief clerks of the King's courts, whereof 3. be of the common pleas, and one of the King's bench. For the pregnotarie of the common pleas, anno 5. H. 4. cap. 14. is termed the chief clerk of that court. He of the King's Bench recordeth all actions civil siewed in that court, as the Clerk of the Crown office doth all criminal causes. Those of the common pleas do enter and inrolle all manner of declarations, plead, Assizes, and judgements: and all actions, the same term that the appearance is made. Also they make out all judicial writs, as the venire facias after issues joined, and Habeas corpus, for the bringing in of the jury, after it is returned upon the venire facias. They also make forth writs of executions, and ofseisin, writs of supersedeas, for appearance to exigents, as well as the exigents, and writs of privileges, for removing of causes from other inferior courts of Record, in case where the party hath cause of privilege: Also writs of procedendo, of scire facias in all cases, and writs to inquire of damages: and all process upon prohibitions, and upon writs of audita querela, and false judgement. Finally they inrolle all recognizances acknowledged in that court, and all common Recoveries: and may make exemplifications of any Record the same term, before the rolls be delivered from them.  
Prender, cometh of the French (prendre. i. accipere, acceptare, capere, prehendere) it signifieth in our common law 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. part 2. titula Fines. sect. 126. where you have these words: If the lord grant the services of his tenant by fine, or otherwise, the Lord before atturnment, shall have such things as lie in prender: as the ward of the body of the heir and of the land: escheats, etc. but not such things as lie in prender, as rents, and releifes, heriots and other services. For he cannot avow for them before the atturnment.  
Prender de Baron, signifieth literally in barbarous French to take a husband: but it is used in our common law, as an exception to disable a woman from persiewing an appeal 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 second marriage, she may justly be thought to have given up the interest she had in her former husband, or for that she is now covert again, or for both, I leave to consideration.  
Prender del profits, signifieth verbatim to take the profits. It signifieth substantively the taking of the profits. See Cromptons' Iurisdict. fol. 185. See Pernour of profits.  
priest, is used for some duty in money to be paid by the shreeve upon his account in the exchequer, anno 2. & 3. Ed. 6. cap. 4.  
priest money, is so called of the French word (priest. i. explicatus, promptus, 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 sailors for the loading of any ship at the setting forth from any haven, anno 32. H. 8. cap. 14.  
Premier seisin (Prima seisina) ad verbum signifieth the first possession. It is used in the common law, for a branch of the king's prerogative, whereby he hath the first possession of all lands, and tenements through the Realm, holding of him in chief, whereof his tenant died seized in his demesn as of fee; and so consequently the rents, and profits of them, until the heir, if he be of age, do his homage, if he be under years, until he come to years. 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 us diversly, sometime for the king himself, but more properly for the king's eldest son, who is prince of Wales, as the eldest son to the French king is called Dolphin, both being princes by their nativity. M. Fearn in the glory of generosity. pag. 138. For Edward the first to appease the tumultuous spirits of the Welsh men, who being the ancient Indigenae of this land, could not in long time bear the yoke of us, whom they call strangers, sent his wife being with child into Wales. where at Carnarvan she was delivered of a son, thereupon called Edward of Carnarvan and afterward asked the Welsh men, seeing they thought 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 borne in Carnarvan not long before. from which time it hath continued, that the king's eldest son (who was before called: Lord Prince, Stawnf. praerog: cap. 22. fol. 75.) hath been called prince of Wales: Stows 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' divers jurisdictions, fol 137.  
Prior perpetual, or datife and removable. anno 9 R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem. Lord prior of Saint john's of jerusalem, anno 26. H. 8. cap. 2.  
Prior's aliens (Priores alieni) were certain religious men borne in France, 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, after such conquest obtained by him in France, and therefore suppressed. Whose livings afterwards by Henry the 6. were given to other Monasteries and houses of learning. Stows Annals. pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colleges called the King's Colleges of Cambridge and Eton.  
Priority, (prioritas) signifieth in our common law, an antiquity of tenure in comparison of another not so ancient. As to hold by Priority, is to hold of a Lord more anciently then of another. old. nat. br. fol. 94. So to hold in posteriority, is used by Stawnf. praerog. cap. 2. fo. 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, etc. fol. 120. If the tenant hold by priority of one, and by posteriority of another, etc. To which effect, see also Fitz. nat. br. fol. 142. F. Bartolus in his Tractate, De insigniis & armis, useth these very words, prioritas, and posterioritas, concerning two that bear one coat armour.  
Prisage, seemeth to be that custom or share, that belongeth to the King out of such merchandise, as are taken at sea, by way of lawful prize, anno 31 Eliz. cap. 5.  
Prisage of Wines, anno I. H. 8. cap. 5. is a word almost out of use, now called Butlerage, it is a custom 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) cometh of the French (prendre. i. capere) it signifieth in our Statutes, the things taken by pourveyours, of the King's subjects. As anno 3. Ed. 1. cap. 7. & anno 28. eiusdem. stat. 3. cap. 2. It signifieth also a custom due to the King, anno 25. eiusdem cap. 5. Regist. origin. fol. 117. b.  
Prisoner (priso) cometh of the French (prisonnier) and signifieth a man restrained 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: prisonerupon matter of Record is he, which being present in court, is by the court committed to prison, only upon an arrest, be it of the Shyrecue, Censtable, or other. Stawnf. pl. cor. lib. prim. cap. 32. fol. 34. & 35.  
Prinie, cometh of the French (priuè. i. familiaris) and significth in our common law, him that is partaker, or hath an interest in any action, or thing: as, privies of blood, old nat. br. fol. 117. be those that be linked in consanguinity. Eucry heir in tail is privy to recover the land entailed. eodem fol. 137. No privity was between me and the tenant. Litleton, 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 felenie: because the privity of delivery is determined, as soon as they are brought thither. Stawn. pl. cor. lib. prim. cap. 15. fol. 25. Merchant's privy be opposite to merchant strangers. anno 2. Ed. tertii. cap. 9 & cap. 14. & ann. eiusdem, stat. 2. cap. 3. The new expositor of law terms maketh divers sorts of privics: as privies in estate, privies in deed, privics 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 blood, as the heir to his fathes, etc. privies in representation, as executors or administrators 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 see: the rcason is given by the expositor 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 want of heirs, etc.  
Privy seal (privatum sigillum) is a scale that the King useth some time for a warrant, whereby things passed the privy signet and brought to it, are sent farther to be confirmed by the great seal of England: sometime for the strength or credit of other things written upon occasions more transitory and of less continuance, than those be that pass the great seal.  
Privilege (privilegium) is defined by Cicero in his oration pro domo sua, to be lex privata homini ●●ogata. Frerotus in paratitlis ad titulum decretalium de privilegiis, thus defineth it: privilegium est ius singular, hoc est privata lex quae uni homini, vel loco, vel Collegio, & similibus aliis concedit ur: cap. privilegia, distinct: 3. priva enim veteres dixere que nos singula dicimus. Insit Agellius lib. 10. ca 20. Ideoque privilegia modò beneficia, modò personales constitutiones dicuntur, etc. It is used so likewise in our common law, and sometime for the place, that hath any special immunity. Kitchen fol. 118. in the words: where depters make sained gifts and feofements of their land, and goods to their friends, and others, and betake themselves to privileges, etc. Privilege is either personal, or real: a personal privilege is that, which is granted to any person, either against, or beside the course of the common law: as for example, a person called to be one of the Parliament, may not be arrcsted either himself, or any of his attendance, during the time of the Parliament. A privilege real is that, which is granted to a place, as to the Universities, that none of either may be called to Westm. hall, upon any contract made within their own precincts. And one toward the court of Chancery, cannot originally be called to any court but to the Chancery, certain cases excepted. If he be, he will remove it by a writ of Privilege grounded upon the statute anno 18. Ed. 3. See the new book of Entries. verbo Privilege.  
Probat of testaments (probatio testamentorum) is the producting, and insinuating of dead men's wills before the ecclesiastical judge, Ordinary of the place, where the party dieth. And the ordinary in this case is known by the quantity of the goods, that the party deceased hath out of the Diocese, where he departed. For if all his goods be in the same Diocese, than the Bishop of the Diocese, or the Archdeacon (according as their composition, or prescription is) hath the probate of the Testament: if the goods be dispersed in divers Diocese, so that there be any sum of note (as five pounds ordinarily) out of the Diocese where the party let his life: then is the Archbishop of Canterbury the ordinary in this case by his prerogative. For whereas in old time, the will was to be proved in cuery Diocese, wherein the party diceased had any goods: it was thought convenient both to the subject, and to the archiepiscopal See, to make one proof for all before him, who was and is of all the general Ordinary of his province. But there may be anciently some composition between the archbishop and an inferior ordinary, whereby the sum that maketh the prerogative, is abouc five pound. See prerogative of the Archbishop. This probate is made in two sorts either in common form or pertestes. The proof in common form, is only by the oath of the exceutour, or party exhibiting the will, who sweareth upon his credulity, that the will by him exhibited, is the last will, and testament of the party deceised. The proof per testes is, when over and beside his oath, he also produceth witnesses or maketh other proof, to confirm the same, and that in the presence of such as may pretend any interest in the goods of the deceased, or at the least in their absence, after they have been lawfully summoned to see such a will proved, if they think good. And the later course is taken most commonly, where there is fear of strife, and contention between the kindred and friends of the party deceased about his goods. For a will proved only in common form, may be called into question any time within 30. years after by common opinion, before it work prescription.  
Procedendo, is a writ whereby a plea, or cause formerly called from a base court to the Chancery, King's bench, or common pleas, by a writ of privilege or certiorare, is released, and sent down again to the same court, to be proceeded in there, after it appeareth that the defendant hath no cause of priniledge; or that the matter comprised in the bill, be not well proned. Brooke hoctitulo. and Terms of law: Cook vol. 6. fol. 63. a. See anno. 21. R. 2. cap. 11. in fine, letters of procedendo granted by the keeper of the privy scale. See in what diversity it is used in the table of the original Register, and also of the judicial.  
Process (Processus) is the manner of proceeding in every cause, be it personal, or real, civil, or criminal, even from the original writ to the end. Britton fol. 138. a. where in there is great diversity, as you may see in the table of Fitzh. br. verbo Process, and Brooks Abridgement, hoc titulo. And whereas the wtitings of our common lawyers sometime call that the process, by which a man is called into the court and no more: the reason thereof may be given, because it is the beginning, or the principal part thereof, by which the rest of the business is directed, according to that saying of Aristotle. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Diucrs' kinds of process upon Inditements before justices of peace: See in Cromptons' justice of peace. fol. 133. b. 134. 135. But for order's sake, I refer you rather to M. Lamberd in his tractat of ptocesses adjoined to his Eirenarcha, who according to his subject in hand, divideth criminal process, either into process touching causes of treason, or selonie, and process touching inferior offences. the former is usually a capias, capias aliâs, & exigi facias. The second is either upon inditement, or presentment, or information: that upon inditement or presentment, is all one, and is either general, and that is a venire facias ', upon which if the party be returned sufficient, then is sent out a Distringas infinite until he come: if he be returned with a Nibil habet, then ifsueth out a Capias, Capias aliâs, Capias pluries, and lastly an Exigifacias. The special process is that, which is especially appointed for the offence by statute. for the which he referreth his reader to the 8. Chapter of his 4. book being very different.  
Processium continuando, is a writ for the continuance of a process after the death of the chief justice, in the writ of oyer and terminer. Register original. fol. 128. a.  
Prochein Amy (Proximus amicus, vel propinquior) is, word for word, a near friend. It is used in our common law, for him that is next of kind to a child in his nonage, and is in that respect allowed by law, to deal for him in the managing of his affairs: as to be his Guardian, if he hold of any in socage, and in the redress of any wrong done unto him, be it by his Guardian, if he be ward and hold in Chivalry, or any others. Statut. West. pri. cap. 48. 3. Ed. pri. and Westm. 2. cap. 15. anno 13. Ed. pri.  
Proof, aliâs Prove, is used for an inquest. anno 28. Ed. 3. cap. 13.  
Proclamation (Proclamatio) signifieth a notice publicly given of any thing, whereof the King thinketh good to advertise his subjects. So it is used, anno 7. Rich. 2. ca 6. Proclamation of rebellion is a public notice given by the officer, that a man not appearing upon a Sub poena, nor an attachment in the Star Chamber or Chancery, shallbe reputed a rebel, except he render himself by a day assigned. Cromptons' Iurisd. fol. 92. See Commission of rebellion.  
Proclamation of a fine, is a notice openly, and solemnly given at all the Assizes, that shall be holden in the County within one year after the engrossing of the fine, and not at the four general quarter sessions. And these proclamations be made upon transcripts of the fine, sent by the justices of the Common pleas, to the justices of Assize, and the justices of peace. West. part 2. symbol. titulo Fines. sect. 132. where also you may see the form of the proclamarion. Proclamare est palam, & valde clamare, used by Tully, Livy, and the Civilians. Π. Quibus ad liberta proclamare non licet. And Proclamator signifieth him qui litem intendit, vel causam agit. Cicero de oratore. lib. pri. Non enim causidicum nescio quem, neque proclamatorem, aut rabulam hoc sermone conquirimus, etc. I read in Fitzh. nat. br. fol. 85. C. that the king's proclamation is sufficient to stay a subject from going out of the Realm. See the force of proclamations. anno. 31. H. 8. cap. 8. see also Proclamations in divers cases. New book of Enteries. verbo Proclamation.  
Proctors of the clergy (procuratores cleri) are those which are chosen and appointed to appear for cathedral, or other Collegiate churches, as also for the common clergy of every Diocese, at the Parliament, whose choice is in this sort. First, the king directeth his writ to the archbishop of each province for the summoning of all Bishops, Deans, Archdeacon's, cathedral and collegiat churches, and generally of all the clergy of his province, after their best discretion and judgement, assigning them the time and place in the said writ. Then the Archebishops proceed in their accustomed course. One example may serve to show both. The archbishop of Canterbury upon his, writ received, directerh his letters to the Bishop of London as his Dean provincial. 1. §. statuimui. de poenis & verb. tanquam in glos. first citing himself petemptorily and then willing him to cite in like manner all the Bishops, Deans, Archedeacons', cathedral and collegiate churches, and generally all the Clergy of his Province to the place, and against the day prefixed in the writ. But directeth withal that one Proctor sent for every Cathedral or Collegiate Church, and two for the body of the inferior Clergy of each Diocese, may suffice. And by virtue of these letters authentically sealed, the said Bishop of London directeth his like letters severally to the Bishop of every Diocese of the Province, citing them in like sort▪ and commanding them not only to appear, but also to admonish the said Deans, and Archdeacon's, personally to appear, and the Cathedral 〈…〉 and collegiat Churches, as also the common Clergy of the Diocese, to send their Proctors to the place, and at the day appointed: and also willeth them to certify the Archbishop the names of all and every so monished by them, in a schedule annexed to their letters certificatorie. The Bishops proceed accordingly, and the Cathedral and collegiate churches as also the Clergy make choice of their Proctors: which done, and certified to the Bishop, he returneth all answerably to his charge at the day. These proctor's of the Clergy, howsoever the case of late days is altered, had place and suffrage in the lower house of Parliament, as well as the knights, citizens, Barons of the Cinque ports, and Burgesses. For so it plainly appeareth by the Statute, anno 21. R. 2. cap. 2. & cap. 12. And sithence they were removed, the Church hath daily grown weaker and weaker: I pray God that in short time she famish not, but that her liberties be better maintained.  
Procurator, is used for him that gathereth the fruits of a benefice for another man. anno 3. R. 2. stat. 1. cap. 2. And procuracy is used for the specialty, whereby he is authorized. Ibid. They are at this day in the West parts called Proctors.  
Proffer (profrum vel proferum) is the time appointed for the accounts of Shyreeves, and other officers in the Exchequer, which is twice in the year, anno 51. H. 3. statut. quint. And it may be gathered also out of the Register, fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo. I read also of proffers, anno 32. H. 8. cap. 21. in these words: Trinity term shall begin the Monday next after Trinity Sunday, whensoever it shall happen to fall, for the keeping of the essoins, proffers, returns, and other ceremonies heretofore used and kept. In which place (proffer) seemeth to signify the offer, or endeavour to proceed in action by any man, whom it concerneth so to do. See Briton. cap. 27. fol. 50. b. & 55. a. & fol. 80. b. and Eleta lib. 1. cap. 38. §. Vtlagati & seqq.  
Proffer the half merke. See Half merke.  
Profession (professio) is in the common law, used particularly for the entering into any religious Order of Friars, etc. New book of▪ Entries, verbo Profession.  
Profits apprender. See Prender.  
Prohibition, (prohibitio) is a writ framed for the forbidding of any court, either spiritual or secular, to proceed in any cause there depending, upon suggestion, that the cognition thereof belongeth not to the said court. Fitz. nat. br. fol. 39 G. but is most usually taken, especially in these days, for that writ, which lieth for one that is impleeded in the Court Christian, for a cause belonging to the temporal jurisdiction, or the cognisance of the King's court, whereby as well the party and his Council, as the judge himself, and the Register, are forbidden to proceed any farther in that cause: for that it appertaineth to the disinheriting of the Crown of such right as belongeth unto it. In how many cases this lieth, see▪ Broke, hoc titulo, and Fitz. na. br. fol. 39 & seqq. This writ, and the praemunire, might in these days well be spared: For they were helps to the king's inheritance and Crown, when the two swords were in two divers hands. Whereas now both the jurisdictions being settled in the King, there is small reason of either, except it be to weatie the subject by many quirks and delays, from obtaining his right▪ of this prohibition, you may read Bracton also, lib. 5. tract. 5. cap. 3. 4. 5. 6. 7. 8. 9 10. 11. 12. who saith, that it lieth not after sentence given in any cause, howsoever the case is altered: and again, the statute made, anno 50. Ed. 3. which ordaineth, that above one prohibition should not lie in one cause. See the diversity of prohibitions in the table of the original Regist. See the new book of Entries, verbo, Prohibition, and Fitz. nat. br. fol. 39  
Prohibitio de vastodirecta parti, is a writ judicial directed to the tenant, and prohibiting him from making waste upon the land in controversy, during the suit. Register judicial. fol. 21. It is sometime made to the shreeve, the example whereof you have there next following.  
Pro Indiviso, is a possession, and occupation of lands, or tenements belonging unto two or more persons, whereof none knoweth his several portion, as Coparceners before partition. Bracton lib. 5. tracta. 2. cap. pri. nu. 7.  
Prolocutor of the convocation house (prolocutor domus convocationis) is an officer chosen by persons ecclesiastical publicly assembled by the kings writ at every parliament. And as there be two houses of convocation, so be there two prolocutours, one of the higher house, the other of the lower house, who presently upon the first assembly is by the motion of the Bishops, chosen by the lower house, and presented to the Bishops for their prolocutor, that is, the man by whom they mean to deliver their resolutions to the higher house, and to have their own house especially ordered and governed. His office is to cause the clerk to call the names of such as are of that house when he seeth cause, to cause all things propounded to be read by him, to gather the suffrages, and such like.  
Promoters (promotores) be those, which in popular and penal actions do defer the names, or complain of offenders, having part of the profit for their reward. These were called among the romans Quadruplatores, or Delatores. They belong especially to the Exchequer and the king's bench. Smith de Repub: Anglo. li. 2. cap. 14.  
Pro partibus liberandis, is a writ for the partition of lands between coheirs. Register original, fol. 316.  
Prophecies (prophetia) be in our common law, taken for wiserdly foretellings of matters to come, in certain hidden and enigmatical speeches. Whereby it falleth out many times, that great troubles are stirred in our common wealth, and great attempts made by those, to whom the speech framed, either by the description of his cognisance, arms, or some other quality, promiseth good success anno. 3. Ed. 6. cap. 15. & anno 7. eiusdem. cap. 11. & anno 5. Eliza. ca 15. But these for distinctions fake are called false, or fantastical prophecies.  
Property (proprietas) signifieth the highest right that a man hath or can have to any thing, which is no way depending upon any other m●ns courtesy. And this none in our kingdom can be said to have in any lands, or tenements, but only the King in the right of his Crown. Because all the lands through the realm, are in the nature of fee, and do hold either mediately or immediately of the Crown. See Fee. This word nevertheless is in our common law, used for that right in lands and tenements, that common persons have, because it importeth as much as (utile dominium) though not (directum).  
Proprietate probanda, is a writ. See the original Regist. fol. 83. a. & 85. b. It lieth for him, that will prove a property before the shreeve. Brooks Propertie, 1. For where a property is alleged, a replegiare lieth not. Idem ibidem.  
Proprietary (proprietarius) is he that hath a property in any thing but it is most notoriously used for him, that hath the fruits of a benefice, to himself and his heirs or successors, as in time past Abbots and Priors had to them and their successors. See Appropriation.  
Prorata portionis. See Onerando pro rata portionis.  
Protection (protectio) hath a general and a special signification. In the general it is used for that benefit and safety, that every subject, or Denizen, or alien specially secured, hath by the King's laws And thus it is used, anno 25. Ed. tertii. capite. 32. Protection in the special signification is used for an exemption, or an immunity given by the King to a person against suits in law, or other vexations upon reasonable causes him thereunto moving, which I take to be a branch of his prerogative. And of this protection, Fitzh. maketh two sorts in his nat. br. fol. 28. The first form or sort he calleth a protection, cum clausula volumus, whereof he mentioneth four particulars. A protection, quia profecturus, for him that is to pass over sea in the king's service: A protection, quia moratur, for him that is abroad in the King's service upon the sea, or in the marches, anno 7. H. 7. cap. 2. A protection for the King's debtor, that he be not siewed or attached until the King be paid his debt. See anno 15. Ed. 3. This some Civilians call moratoriam: which see In singularibus Marantae, verb. Princeps. pag. 79. col. 2. And a protection in the king's service beyond the seas, or on the marches of Scotland: whereof you may read something, anno 1. R. 2. cap. 8. See the Regist. orig. fol. 23. and Britton, cap. 123. The second form of protection is termed cum clausula, Nolu 〈…〉 which is granted most commonly to a spiritual company for their immunitic from taking of their cattles by the King's ministers. But it may be granted also to one man spiritual or temporal. Of these things read the same author: and the forms of these writs. See also in the Register original. fol. 22. & 23. And see the new expositor of law terms, to what action the king's protection doth not extend. See also the new book of Entries, verbo Protection.  
Protonotary, (protonotarius.) See Preignetarie.  
Protestation, (protestatio) is (as justice Walsh defineth it) a defence or safeguard to the party, which maketh it from being concluded by the act he is about to do, that issue cannot be joined upon it, Plowden. fol. 276. b. whereof see the Register original. fol. 306. b. And see Protest.  
Protest, (protestari) hath two divers applications: one is by way of cautel, to call witness (as it were) or openly to affirm, that he doth either not at all, or but after a sort yield his consent to any act, as unto a proceeding of a judge in a court, wherein his jurisdiction is doubtful, or to answer upon his oath farther than he by law is bound. See Plowden. casu Gresbroke. fol. 276. b. and the Register orig. fol. 306. b. Another is by way of complaint to protest a man's bill: For example, if I give money to a Merchant in France, taking his bill of exchange to be repaid in England, by one to whom he assigneth me, if at my coming I find not myself satisfied to my contentment, but either delayed or denied: then I go into the Burse, or some open concourse of Merchants, and protest that I am deceived by him. And thereupon if he have any goods remaining in any man's hands within the Realm, the law of Merchants is, that I be paid out of them.  
Prower (Probator) See Apprower. anno 5. H. 4. ca 2. See Approvours.  
Province (Provincia) was used among the Romans for a Country without the compass of Italy, gained to their subjection by the sword. whereupon the part of France next the Alps was so called of them, when it was in their dominion, and of that carrieth the same name at this present: But with us a province is most usually taken for the circuit of an Archebishops' jurisdiction, as the Province of Canterbury, and the province of York. anno 32. H. 8. cap. 23. & anno 33. eiusdem, cap. 31. yet it is used divers times in our statutes for several parts of the Realm.  
Provincial (Provincialis) is a chief governor of an order of Friars, anno quar. Henr. quar. cap. 17.  
Protoforestarius, was he whom the ancient kings of this Realm made chief of Winsour forest, to hear all causes of death, or mayhem, or of slaughter, or of the King's dear within the Forest. Camd. Britan. pag. 213. See justice of the Forest.  
Prove. See Proof.  
Provision (Provisio) is used with us, as it is used in the Canon law, for the providing of a Bishop, or any other person of an ecclesiastical living, by the Pope, before the Incumbent be dead. It is also called gratia expectativa, or Mandatum de providendo. The great abuse whereof in the Pope through all Christendom heretofore, you may read, not only in Duarenus de sacris ecclesiae ministoriis, & beneficiis. lib. 3. cap. 2. but also for England particularly, in divers statutes of the Realm. viz. anno. 25. Ed. 3. cap. 22 sttat. 4. & statu. 5. commonly called the statute de proviscribus. &. anno. 27. eiusdem. cap. i. & anno 38. eiusdem. stat. 2. cap. 1. & 2. 3. 4. & anno 38. eiusdem, & anno 2. Rich. 2. cap. 7. & anno 3. eiusdem cap. 3. & anno. 7. eiusdem. cap. 12. & anno 12. eiusdem, cap. 15. & anno 13. eiusdem, stat. 2. cap. 2. & 3. & anno 16. eiusdem cap. 5. & anno 2. H. 4. cap. 3. & 4. & anno 5. eiusdem, cap. pri. & anno 7. eiusdem, cap. 6. & 8. & anno 9 eiusdem, cap. 8. & anno 3. H. 5. cap. 4. See Praemunire.  
Provisour (Provisor) is he that sueth to the court of Rome for a provision. old. nat. br. fol. 143. See Provision.  
Proviso, is a condition inserted into any deed, upon the observance whereof the validity of the deed consisteth, which form of condition seemeth to be borrowed from France. for (Pourve u Gallicum semper conditionem inducit. Tiraquel. tomo. 3. pag. 216. Our common lawyers say that it sometime signifieth but a covenant, whereof you have a large disdispute in the 2. book of Sir Ed. Coke reports in the Lord Cromwel's case. It hath also another signification in matters judicial: as if the plaintiff or demandant desist in prosecuting an action, by bringing it to a trial, the defendant or tenant may take out the venire facias to the shreeve: which hath in it these words, Proviso quòd, etc. to this end, that if the plaintiff take out any writ to that purpose, the shreeve shall summon but one jury upon them both. See old natura brevium in the writ Nisi prius. fol. 159.  
Purchas. See purchase.  
Purfles of a woman's grown. anno 33. H. 8. cap. 5.  
Purgation (Purgatio) is a cleared of a man's self from a crime, whereof he is probably and publicly suspected, and thereof denounced to a judge. Of this there was great use in England touching matters of felony imputed to Clerks in former time, as appeareth by Stawnf. pl. cor. lib. 2. cap. 48. See Clergy. It is still observed for matter pertaining to the ecclesiastical court, as suspicion, or common fame of Incontinency, or such like. Purgatio is either canonical (canonica) or vulgar (vulgaris) Canonical is that which is prescribed by the Canon law: the form whereof is usual in the spiritual court, the man suspected taking his oath that he is clear, of the fault objected, and bringing so many of his honest neighbours, being not above twelve, as the court shall assign him, to swear upon their consciences and credulity that he sweareth truly, or hath taken a true oath. Vulgar purgation was by fire, or water, or by combat, used by Infidels, and Christians also, until by the Canon law it was abolished, tit. 15. de purgatione Can. & vulga. in Decretalibus. Combat, though it be less in use than it was, yet is it, and may be still practised by the laws of the Realm, in cases doubtful, if the defendant choose rather the Combat then other trial. See Ordel. See Combat.  
Purlue, is all that ground near any Forest, which being made Forest by Henry the second, Richard the first, or King john, were by perambulations granted by Henry the third, severed again from the same. Manwood. part 2. of his Forest laws. cap. 20. And he calleth this ground either Pourallee. i. perambulationem, or purlieu. and purluy, which he saith be but abusively taken for pourallee. ubi supra. nu. 3. But with the licence of that industrious and learned gentleman, I am bold to say, that this word may be no less fitly made of two French words (pur. i. purus) and (am. i. locus) and my reason is, because that such grounds as were by those kings subjecteth to the laws, and ordinances of the Forest, are now cleared and freed from the same: for as the Civilians call that purum locum, qui sepulchrorum religioni non est obstrictus. §. 9 de rerum divis. in institut. so, no doubt, in imitation of that very point, our ancestors called this purlieu, id est, purum locum, because it was exempted from that servitude or thrauldom, that was formerly laid upon it. So (ager purus est, qui neque sacor, neque sanctus, neque religiosus, sed ab omnibus huiusmodi nominibus vacare videtur. l. 2. §. 4. 〈◊〉. de religio. & sumptibus funerum.) And therefore M. Cromptons' Purraile is not much amiss fol. 153. of his Iurisd. because we may also derive it from the French words (pur) and (Allee) that is as much to say, as a clear, or a free walk or passage. And where it is sometime called Pouralee, that may and doth come from (pur) and (Allee) i. Itio, profectio, ambulatio) because he that walketh or courseth within that compass, is clear enough from the laws, or penalties incurred by them, which hunt within the precincts of the Forest. See the stat. anno 33. Ed. pri. stat. 5.  
Pourlie man, is he that hath ground within the Purlieu, and being able to dispend 40. shillings by the year of free hold, is upon these two points licenced to hunt in his own purlieu. Manwood. part pri. of his Forest laws. pag. 151. & 177. but what observations he must use in his hunting, see him pag. 180 181. 186. See him likewise part 2. cap. 20. nu. 5. 8. 9 etc. See Purlieu.  
Purpresture. See Pourpresture.  
Pursy, anno 43. Elizabeth. cap. 10.  
Purswivant. See Poursuivant.  
Purveyors. See Pourveyours.  
Pyker, alias Pycar, a kind of ship. anno 31. Ed. 3. Stat. 2. cap. 2.   

Q  
QVadragesima, is the first sunday in lent, so called (as I take it) because it is the fourtith day before Easter. The sunday before that is Quinquagesima, the second before Sexagesima, the 3. septuagesima.  
Quae plura, is a writ, that lieth where an Inquisition hath been made by the Escheatour in any county, of such lands or tenements, as any man died seized of, and all that was in his possession be not thought to be found by the office. The form whereof see in the Register original, fol. 293. and in Fitzh. nat. br. fol. 255. It differeth from the writ called melius inquirendo, as Fitz. there saith, because this is granted, where the Escheatour formerly proceeded by virtue of his office: and the other, where he found the first office by virtue of the writ called, Diem clausit exeremum. See the new book of Entries. verbo. Quae plura.  
Quaerens non invenit plegium. is a return made by the Shyreve upon a writ directed unto him with this condition inserted. Si A fecerit B. securum de loquela suae prosequenda, etc. Fitzh. nat. br. fol. 38. O.  
Quae seruicia, is a writ. See Per quae servitia.  
Quale ius, is a writ judicial, that lieth where a man of religion hath judgement to recover land, before execution be made of the judgement. for this writ must between judgement and execution, go forth to the Escheatour, to inquire whether the religious parson hath right to recover, or the judgement is obtained by collusion between the demandant and the Tenent, to the intent the true Lord be not defrauded. See Westm. 2. cap. 32. Cum virireligiosi, etc. the form of this writ you may have in the Register judicial, fol. 8. 16. 17. & 46. and in the old. nat. br. fol. 161. See the new book of Entries. verbo. Qualeius.  
Quare eiecit infra terminum, is a writ, that lieth for a leassee, in case where he is cast out of his farm before his term be expired, against the feoffee of the leassour, that eiecteth him. And it differeth from the Ejection Firmae, because this lieth: where the leassour after the lease made, infeoffeth another, which eiecteth the leassee. And the Ejection firma lieth against any other Stranger, that eiecteth him. The effect of both is all one: and that is to recover the residue of the term. See Fitzh. nat. br. fol. 197. See the Register original, fol. 227. and the new book of Entries. verbo. Quare eiecit infra terminum.  
Quare impedit, is a writ, that lieth for him, who hath purchased a manner with an Advousen thereunto belonging, against him that disturbeth him in the right of his Advowsen, by presenting a Clerk thereunto, when the Church is void. And it differeth from the writ called (Assisa ultimae praesentationis) because that lieth, where a man or his Ancestors formerly presented, and this for him, that is the pourchasour himself. See the expositor of the terms of law, and owld nat. br. fol. 27. Bracton. lib. 4. tracta. 2. cap. 6. Britton cap. 92. and Fitzh. nat. br. fol. 32. and the Register original. fol. 30. where it is said that a Quare impedit is of a higher nature, then Assisa ultimae praesentationis; because it supposeth both a possession and a right. See at large the new book of Entrise. verbo. Quare impedit.  
Quare incumbravit, is a writ, that lieth against the Bishop, which within six months after the vacation of a benefice, conferreth it upon his Clerk, whilst two others be contending in law for the right of presenting. Exposition of the terms of law, old. nat. br. fol. 30. and Fitzh. nat. br. fol. 48. Register original. fol. 32.  
Quare intrusit matrimonio non satisfacto, is a writ that lieth for the Lord against his tenant being his ward, that after covenable marriage offered him, marrieth another, and entereth never the less upon his land, without agreement first made with his Lord and Guardian. Terms of the law.  
Quare non permittit, is a writ that lieth for one that hath right to present for a turn against the proprietary. Fleta. lib. 5. cap. 16.  
Quarentine (quarentina) is a benefit allowed by the law of England, to the widow of a landed man deceased, whereby she may challenge to continue in his capital messsage, or chief mansion house, by the space of 40. days after his decease. Of this see Bracton lib. 2. cap. 40. And if the heir, or any other attempt to eject her, she may have the writ De Quarentina habenda. Fitzh. nat. br. fol. 161. see anno 9 H. 3. cap. 7. & anno 20. cap. pri. and Britton. cap. 103. M. Skene de verborum significatione. verbo Quarentina viduarum, deriveth this word from the French Quaresme. Who also have this custom called lo quaresme des vefues granted to widows after the decease of their husbands: as he proveth out of Papon in his Arrests libro 15. titulo des dots. cap. 7. & lib. 10. tit. Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23.  
Quarentena habenda, is a writ, that lieth for a widow to enjoy her Quarentine. Register original. fol. 175.  
Quare non admisit, is a writ, that lieth against the Bishop refusing to admit his Clerk, that hath recovered in a plea of Aduowsen. The further use whereof see in Fitzh. nat. br. fol. 47. & Register original: fol. 32. See the new book of Entries. verbo quare non admisit.  
Quare obstruxit, is a writ, that lieth for him who having a servitude to pass through his neighbour's ground, cannot enjoy his right, for that the owner hath so strengthened it. Fleta: li. 4. cap. 26. §. Item si minus.  
Quarter Sessions, is a court held by the justices of peace in every County, once every quarter. The jurisdiction whereof how far it extendeth, is to be learned out of M. Lamberds Eirenarcha. Sir Thomas Smith de Republ. Anglor. lib. 2. ca 19 But to these you must add the late statutes of the Realm, for their power daily increaseth. Originally it seemeth to have been erected only for matters touching the peace. But in these days it extendeth much farther. That these Sessions should be held quarterly, was first of all ordained (so far as I can learn) by the statute anno 25. Ed. 3. stat. pri. cap. 8. of these read Lamberds Eirenarcha the fourth book throughout, where he setteth them out, both learnedly, and at large.  
Quash (quassare) cometh of the French (quasser. i. quassare, conquassare) it signifieth in our common law to overthrow, Bracton lib. 5. tracta. 2. cap. 3. nu. 4.  
Quekbord, anno 17. Ed. 4. ca 2.  
Que est mesme, signifieth verbatim. Which is the self same thing. It is used in our common law as a word of art in an action of trespass, or of like nature, for a direct justification of the very act complained of by the plaintffe as a wrong. for example, in an action of the case, the plaintiff saith that the Lord threatened his Tenants at will in such sort, as he drove them to give up their tenors. The Lord for his defence pleadeth, that he said unto them, that if they would not depart, he would siew them as the law would. This being the same threatening that he used, or, to speak artificially, que est le mesme the defence is good. Of this see Kitchen in the chapter. Que est le mesme. fol. 236. where you may have many like examples.  
Que estate, word for word, signifieth, Quem statum: It signifieth in our common law, a plea whereby a man entitling another to lands, etc. saith that the same estate that he had, himself hath from him: for example, in a Quare impedit the Plaintiff allegeth that such four persons were seized of lands, whereunto the Advowsen in question was appendent in fee, and did present to the Church, and afterward the Church was void, Que estate del, etc. that is which estate of the four persons, he faith also, that he hath now during the vacation, by virtue whereof he presently, etc. Brooke titulo Que estate. fol. 175. & 176. But it is harder to know when this Que estate is to be pleaded, then to understand what it is, as by him may appear. See the new book of Entries. verbo. Que estate.  
Queen (Regina) is either she that holdeth the Crown of this Realm by right of blood, or else she that is married to the King. In the former signification she is in all construction the same that the King is, and hath the same power in all respects. In the other signification she is inferior, and a person exempt from the King. For she may siew and be siewed in her own name. Yet that she hath, is the Kings, and look what she looseth, so much departeth from the King. Stawnf: praerog: cap. 2. fol. 10. in fine. See Kitchen fol. 1. b. See Cook lib. 4. Copyhould cases, fo. 23. b. Augusta was the like among romans, how be it not evisdem juris in all things.  
Queen's silver. See King's silver.  
Quem reditum reddat, is a writ judicial, that lieth for him to whom a rent seck, or rend charge is granted by fine levied in the King's Court, against the Tenent of the land, that refuseth to atturne unto him, thereby to cause him to atturne. See old: nat. br: fol. 156. and West. part 2. Simbol: titulo Fines. sect: 125. See the new book of Entries. Verbo Quem reditum reddit.  
Querela friscae fortiae, is a writ. See Fresh force.  
Querela coram Rege & consilio discutienda, & terminanda, is a writ, whereby one is called to justify a complaint of a trespass made to the king and himself before the King & his counsel. Register original, fol. 124. b.  
Questus est nobis, etc. is the form of a writ of Nuisance, which by the statute anno 13. Ed. pri. cap. 24. lieth against him, to whom the house or other thing that breedeth the Nuisance, is alienated, whereas before that statute, this action lay only against him, that first levied the thing, to the hurt of his neighbour. See the Statute.  
Quia improvide, seemeth to be a supersedeas granted in the behalf of a clerk of the Chawncerie siewed against the privilege of that court, in the common pleas, & persiewed to the exigend. See Dyer. f. 33. n. 18.  
Quid juris clamat, is a writ judicial issuing out of the Record of the Fine, which remaineth with the Custos brevium of the common place, before it be engrossed (for afterward it cannot be had) and it lieth for the Grauntee of a Reversion, or Remainder, when the particular tenant will not atturne. West. part. 2. symbol. titulo. Fines. sect. 118. whom see farther. See the Register judicial, fol. 36. 57 And the new book of Entries. verbis Quid juris clamat.  
Quinquagesima Sunday, is alway the next Sabbath before Shrovetide, so called, because it is the fiveteth day before Easter. The reasons of this appellation who so desireth to know, he may find divers such as they be, in Durandi Rationaeli divinorum, capit. De Quinquagesima. Sexagesima Sunday is the next Sabbath before Quinquagesima, so called in the opinion of the said author, because the number of sixty consisteth of six times ten: six having reference to the six works of mercy, and ten to the ten commandments. Septuagesima is the next before Sexagesima, and isinstituted and so called, as Durand likewise saith, for three things: and (to use his own words,) Primò, propter redemptionem Sabbathi, vel secundum alios, quintae feria, in quae sancti Patres statuerunt ieiunari. Secundò, propter repraesentationem, quoniam repraesentat septuaginta annos captivitatis Babilonicae. Tertio, propter significationem, quoniam per hoc tempus significatur deniatio, exilium, & tribulatio totius humani generis ab Adam usque ad finem mundi: quod quidem exilium sub revolutione septem dierum peragitur, & sub septem millibus annorum includitur. But of these three days, you may read him at large, that have a mind to learn of him. I only take occasion to note, what time of the year they be, because I find them spoken of in our ancient law writers, as Britton ca 53. and such like.  
Quite claim (quiet clamantia, vel quieta clamantia) is a release or acquitting of a man for any action, that he hath, or might have against him. Bracton lib. 5. tract. 5. cap. 9 num. 9 & lib. 4. tractat. 6. cap. 13. num. prim.  
Quittance (quietantia,) see Acquittance.  
Quid pro quo, is an artificial speech in the common law, signifying so much as the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, among the Civilians, which is a mutual pretestation or performance of both parties to a contract: as a horse and ten pound between the buyer and the seller. Kitchen, fol. 184.  
Quinsieme (Decima quintae) is a French word, signifying a fifteenth. It is used in our common law, for a tax laid upon the subjects, by the Prince. an. 7. H. 7. cap. 5. so termed, because it is rated after the fifteenth part of men's lands or goods. See Fifteenth and Tax. The Fifteenth (as Crompton saith in his Iurisdict. fol. 21.) is levied more commonly in these days by the yards of land: and yet in some places by goods also: and note also, that he there saith, that it is well known by the Exchequer roll, what every town through England is to pay for a Fifteenth. Sometime this this word Quinsieme is used for the fifteenth ●ay after any feast, as Quinsieme of S. john Baptist. anno 13. Ed. prim. cap. 3. & anno decimo octano. eiusd. capit. prim.  
Quòd ei deforciat, is a writ that lieth for the tenant in tail, tenant in dower, or tenant for term of life, having lost by default, against him that recovered, or against his heir. Exposition of terms. See Broke hoc tit. See the Regist. original. fol. 171. and the new book of Entries. verbo Quod ei defortiat.  
Quod permittat, is a writ, that lieth for him that is disseised of his common of pasture, against the heir of the disseisour being dead. Terms of law. Britton ca 8. saith that this writ lieth for him, whose ancestor died seized of common of pasture, or other like thing annexed to his inheritance, against the Deforceour. See Broke hoc titulo. See the Register origin. fol. 155, and the new book of Entries. verbo, Quod permittat.  
Quod Clerici non eligantur in officio Ballivi, etc. is a writ, that lieth for a Clerk, which by reason of some land he hath, is made, or in doubt to be made either Bailiff, Bedell, or Reeve, or some such like officer. See Clerico infra sacros, etc. See the Register orig. fol. 187. Fitz. nat. br. fol. 175.  
Quòd Clerici beneficiatide Cancellaria, etc. is a writ to exempt a Clerk of the Chancery from contribution toward the Proctors of the Clergy in Parliament. Register original: fol. 261. a.  
Quòd personae, nec Praebendarii, etc. is a writ, that lieth for spiritual persons, that are distrained in their spiritual possessions for the payment of the fifteenth with the rest of the parish. Fitz. nat. br. fol. 176.  
Quòd non permittat. See Consuetudinibus, & seruiciis.  
Quo iure, is a writ, that lieth for him that hath land, wherein another challengeth commun of pasture time out of mind. And it is to compel him to show by what title he challengeth this common of pasture. Fitzh. nat. br. fol. 128. Of this see Briton more at large, cap. 59 see the Register origin. fol. 156. and the new book of Entries. verbo Quo iure.  
Quo minus, is a writ, that lieth for him, which hath a grant of housebote, and heybote, in another man's woods, against the granter making such waste, as the grantee cannot enjoy his grant. old nat. br. fol. 148. Terms of law: see Brooke, hoc titulo. See Kitchen fol. 178. b. This writ also lieth for the King's fermer in the Exchequer, against him to whom he selleth any thing by way of bargain touching his farm. Perkins grants. 5. For he supposeth, that by the breach of the vendee he is disabled to pay the king his rent.  
Quo warranto, is a writ that lieth against him, which usurpeth any Frawnchis or liberty against the king, as to have waif, stray, fair, market, court Baron, or such like, without good title. old. nat. br. fol. 149. or else against him that intrudeth himself as heir into land. Bracton, lib. 4. tractat. 1. cap. 2. num. 3. See Brook hoc titulo. You may read of this also. anno 18. Ed. prim. Stat. 2. & 3. & anno 30 eiusdem. And the new book of Entries. Quo warranto.   

R  
rack vintage, anno 32. H. 8. cap. 14. is a second vintage o● voyage for wines by our Merchants into France, etc. For racked wines, that is, wines cleansed and so purged, that it may be and is drawn from the lose. From this voyage▪ our Merchants commonly return about the end of December, or beginning of januarie.  
Radknights. See Rodeknights.  
Run, is a Saxon word, signifying so open a spoiling of a man, that it cannot be denied. Lamb. Archan. fol. 125. defineth it thus: Run dicitur aperta rapina, quae negari non potest.  
Ransime, (redemptio) cometh of the French (rançon) or (rençon) i. (redemptio.) It signifieth properly with us, the sum paid for the redeeming of a Captive: and sometime a great sum of money to be paid for the pardoning of some heinous crime. anno pri. H. 4. cap. 7. Note that when one is to make fine, and Ransom, the Ransom shallbe treble to the Fine. Cromptons' justice of peace. fol. 142. a. and Lamb. Eirenarch: lib. 4. ca 16. pa. 556. Horn in his mirror of justices, maketh this difference between amerciament, and ransom, because ransom is the redemption of a corporal punishment, due by law to any offence, lib. 3. cap. de amerciament taxable.  
Rape (rapus vel rapa) is a part of a county, signifying as much as a Hundred. As Southsex is divided into six parts, which by a peculiar name are called rapes: viz: the Rape of Chichester, of Arundel, of Brember, of Lewis, of Peversey, of Hastings. Camden: Britan. pag. 225. whom also see pag. 229. These parts are in other places called Tithings, Laths, or Wapentakes. Smith de Repub. Anglo. lib. 2. ca 16.  
Rape (raptus) is a felony committed by a man in the violent deflowering of a woman, be she old, or young: Britton: cap. 1. whereof West. part. 2. Simbol. titulo Inditements, secto: 54. hath these words: Copulation violent, is termed, a rape, or ravishment of the body of a woman against her will: which is carnal knowledge had of a woman, who never consented thereunto before the fact, nor after. (And this in Scotland ought to be complained of the same day, or night that the crime is committed. Skene de verborum significa. verbo Raptus. his reason. quia lapsu diei hoc crimen prescribitur) This offence is with us Felony in the principal, and his aiders. anno 11. H. 4. cap. 13. anno pri. Ed. 4. cap. pri: Westm. 2. cap. 13. (But Fleta saith that the complaint must be made within forty days, or else the woman may not be heard. lib. 3. cap. 5. §. Praeterea. And carnal knowledge of a woman under ten years old is felony. anno. 8. Elizab. cap 6. Thus far M. West: of the diversity of Rapes, see Cromptons' justice of peace. fol. 43. b. & 44. See Ravishment. The civil law useth (raptus) in the same signification. And (rapere virginem vel mulierem, est ei vim infer & violere. Co. li. 9 de raptu virgins.  
Raptu haeredis, is a writ lying for the taking away of an heir holding in Soccage, and of this there be 2. sorts, one when the heir is married, the other when he is not; of both these see the Register original. fol. 163. b.  
Rastall, was a Lawyer of reverend account, that lived in Queen Mary's days, and was a justice of the common pleas. He gathered the statutes of the land into an Abridgement, which carrieth his name at this day. He is also the author of the new book of Entries.  
Ratification (ratificatio) is used for the confirmation of a Clerk, in a prebend, etc. formerly given him by the Bishop, etc. where the right of patronage is doubted to be in the King. Of this see the Register original: fol. 304.  
Rationabili part bonorum, is a writ that lieth for the wife against the executors of her husband, denying her the third part of her husband's goods after debts and funeral charges defrayed. Fitzh. not br. fol. 222. Who there citeth the 18. chap. of magna charta, and Glanuile, to prove, that according to the common law of England, the goods of the deceased, his debts first paid, should be divided into three parts, whereof his wife to have one, his children the second, and the executors the third. Fitzherbert saith also, that this writ lieth as well for the children, as for the wife. And the same appeareth by the Register original fol: 142. b. I have heard some learned men say, that it hath no use, but where the custom of the country serveth for it. See the new book of Entries, verbo: Rationabili part: et Rationabili part bonorum.  
Rationabilibus divisis, is a writ, which lieth in case, where two Lords in divers towns have their seigneuries joining together, for him, that findeth his waste, by little and little, to have been encroached upon within memory of man, against the other that hath encroached, thereby to rectify the bounds of their seigneuries. In which respect Fitzherbert calleth it, in his own nature, a writ of right. The old natura brevium saith also, that this is a justicies, and may be removed by a pone out of the county to the common Bank: See farther the form and use of this writ in Fitzh. nat. br. fol. 128. and in the Register, fol. 157. b. and the new book of Entries. verbo. Rationabilibus divisis. The civilians call this judicium finium regundorum.  
Ravishment, raptus cometh of the French (ravissement. i. direptio, ereptio, raptio, raptus, raptura) and signifieth in our law, an unlawful taking away either of a woman, or of an heir in ward. Sometime it is used also in one signification with rape, viz. the violent deflowering of a woman, See Rape. And thereupon is the writ called Ravishment de guard, otherwise called de haerede abducto, lying for the Lord, whose tenant by reason of his tenure in Knight's service being his ward, is taken and conveyed from him. See Fitzh. natu. br. in the writ De recto de custodia. fol. 140. F. See also the old. not br. fol. 92. 93. & 94. See the new book of Entries. verbo. Rape, & Ravishment de guard.  
Raw, anno 4. Ed. 4. cap. 1.  
Range, cometh of the French (Ranger. i. astituere, ordinare) or else the Substantive (Rang. i. ordo, series) It is used in our common law, both as a verb (as to Range) and also as a substantive (as to make Range) charta de Foresta, cap. 6. The word is appropriated to the Forest, signifying the office of the Rawnger. The Rawnger is a sworn officer of the Forest (of which sort there seem to be twelve) charta de Foresta. cap. 7. whose authority is partly declared in his oath, set down by M. Manwood part pri. of his Forest laws, pag. 50. in these words: You shall truly execute the office of a Rawnger in the Purlieuse of B. upon the borders of the king's Forest of W. you shall rechase, and with your hound drive back again the wild beasts of the Forest, as often as they shall range out of the same Forest into your Purlieuse. You shall truly present all unlawful hunting, and hunters of wild beasts of venery, as well within the purlieuse, as within the Forest. And these and all other offences you shall present at the King's next court of Attachements, or Swainmote, which shall first happen, so help you God. But the same author setteth down his office more particularly in his second part c. 20. n. 15. 16. & 17. The sum whereof is this. A Ranger is an officer of the Forest, or to the Forest, but not within the forest, having no charge of vert, but only of venison that cometh out of the forest into his charge, or part of the pourallee, to sale conduct them back again. And therefore in those forests that have no pouralleeses, there be no Rawngers, but Foristers serve the turn. This Ranger is made and appointed by the King his letters patents under the great seal, and for his better encouragement in his duty, he hath a yearly fee of 20. pound or 30. pound paid out of the Exchequer, and certain fee Dear both red and fallow. His office consisteth chiefly in these three points ad perambulandum quotidie per terras deafforestatas, ad videndum, audiendum & inquirendum, tam de malefactis, quam de malefactoribus in Balliva sua: ad refugandum feras Forestae tam veneris quam chaseae de terris deafforestatis, in terras afforestatas: and, ad praesentandum omnes transgressiones Forestae in terris deafforestatis factas, ad proximas curias illius Forestae tentas.  
Rawnsom. See Ransom.  
Ray, seemeth to be a word attributed to cloth never coloured or died. v. anno 11. H. 4. cap. 6.  
Realty. See Royalty.  
Reasonable aid (Rationabile auxilium) is a duty that the Lord of the fee claimeth holding by Knight's service or in soccage to marry his daughter, or to make his son Knight. Westm. 1. cap. 39 See Aid. See Brooke titulo Reasonable aid.  
Reattachement (Reattachiamentum) is a second attachment of him, that was formerly attached, and dismissed the court without day, as by the not coming of the justices, or some such like casualty. Brooke tit. Reattachment; where he maketh a Reattachment general and a Reattachment special. Reattachment general seemeth to be, where a man is reattached for his appearance upon all writs of Assize lying against him. Brooke eodem, nu. 14. Then special must be for one, or more certain, Register judicial, fol. 35. See the new book of Entrise. verbo Reattachment.  
Rebellion (Rebellio) is a French word signifying the taking up of arms against the King or present estate. This French cometh from the Latin (Rebellio) which signifieth a second resistance of such as being formerly overcome in battle by the Romans, yielded themselves to their subjection. The French men and we use it generally for the traitorous taking up of arms against the estate, be it by natural subjects, or by others formerly subdued. Read more of this. lib. 3. feudorum cap. 61. and Hotoman upon the same chapter. See the writ of Rebellion. Rebel is sometime attributed to him that wilfully breaketh a law. anno 25. Ed. 3. cap. 6. & anno 31. eiusdem, stat. 3. c. 2. sometime to a villain disobeying his Lord, a. 1. R. 2. c. 6.  
Rebellious Assembly, is a gathering together of 12. persons or more, intending or going about, practising, or putting in ure unlawfully of their own authority to change any laws, or statutes of this Realm, or to destroy the enclosure of any park, or ground enclosed, or banks of any fisheponds, pale, or conduct, to the intent the same shall remain void, or to the intent unlawfully to have common, or way in any of the said grounds, or to destroy the Dear in any Park, or any warren of coneys, or devehouses, or fish in any ponds, or any house, barns, mills, or bays, or to burn stacks of corn, or to abate rents, or prices of victuals, an. pri. Mar. c. 12. & an. 1. Eliza. cap. 17. See West part 2. symbol. titulo Inditem 〈…〉 s. Sectio 65. And Cromptons' justice of peace. f. 41. b.  
Rebutter, cometh of the French (Bouter. i. pellere, impellere, propellere, intrudere) and signifieth in our common law the same thing. For example, a man giveth land to him and the issue of his body, to antoher in fee with warranty. And the Donnee leaseth out this land to a third for years. The heir of the donor impleadeth the tenant, alleging that the land was entailed to him. The Donee cometh in, and by virtue of the warranty made by the donor, repelleth the heir, because though the land were entailed to him: ye● he is heir to the warranty likewise; and this is called a Rebutter. See Brooke. titulo Bar: nu. 13. And again if I grant to my tenant to hold sine impetitione vasti, and afterward I implede him for waste made, he may debar me of this action, by showing my grant, and this is likewise a Rebutter. Idem, eodem, nu. 25. See the new book of Entries, verbo Rebutter.  
Renant, anno 32. H. 8. ca 2.  
Recaption (Recaptio) signifieth a second distress of one formerly distrained for the self same cause, and also during the plea grounded upon the former distress. It likewise signifieth a writ lying for the party thus destreined, the form, and farther use whereof, you may see in Fitzh. nat. br. fol. 71. and the Register orig. fol. 86. and the Register judicial, fol. 69. and the new book of Entries. verbo. Recaption.  
Receyver (Receptor, or Receptator) generally and indefinitely used, is as with the Civilians, so also with us, used commonly in the evil part for such as receive stolen goods from thieves, and conceal them. l. 1. Π. de receptatoribus, but annexed to other words, as the receiver of rents, etc. it signifieth many times an officer of great account, belonging to the king or other great parsonage. Cromptons' Iurisdict. fol. 18. There is also an officer called the Reiceiver of fines, who receiveth the money of all such, as compound with the King in the office of the finances for the buying of any lands, or tenements holden in Capite. West. part 2. symbol. titulo Fines. sect. 106. Receiver of all offices accounptable. anno. 1. Ed. 4. ca 1.  
Receiver general of the Duchy of Lancaster, is an officer belonging to the Duchy court, that gathereth in all the revenues and fines of the lands of the said Duchy, and of all forfeitures and assessments, or what else is thence to be received.  
Receiver general of the court of Wards and liveries, is an officer belonging to that court, that is to receive all rents, revenues and fines of the lands belonging to his majesties wards, as also the fines for licences to the King's widows to marry, of ouster le main sued out, and for idiots and lunatikes land, and finally all other profits whatsoever in money arising to his majesty out of or by reason of the court of wards and lyveries.  
Receiver general of the Muster rolls. anno. 35. El. ca 4.  
Receiver general of the Duchy of Lancaster of the wards, and liveries, anno 39 Elizab. cap. 7.  
Receipt. See Resceit.  
Recluse (Reclusus) is he, that by reason of his order in religion, may not stir out of his house or cloister. Litleton fol. 92.  
Recognisance (Recognitio) cometh of the French (Recognoisance. i. agnitio, recognitio) and in our common law is thus defined. A Recognisance is a bond of record, testifing the recognizour to owe unto the recognizee a certain sum of money, and is knowledged in some court of record, or before some judge or other officer of such court, having authority to take the same: as the Masters of the Chancery, the judges of either Bench, Barons of the Exchequer, justices of peace, etc. And those that be mere recognizances are not sealed, but enrolled. And execution by force thereof is of all the recognisours goods, and chatels, except his draft beasts, and implements of husbandry, and of the moiety of his lands, West. part prim. symb. lib. 2. titulo Recognizances. sect. 149. And of these you may see there great diversity of precedents.  
Note farther, that a recognisance, though in the special signification, it do but acknowledge a certain debt, and is executed upon all the goods, and half the lands of the recognisour: yet by extension it is drawn also to the Bonds, commonly called Statute Merchant, and Statute of the Staple: as appeareth by the Register original. fol. 146. 151. & 252. and by West. ubi supra, and others. See Statute Merchant, and Statute Staple.  
Recognisance hath yet another signification, as appeareth by these words in the statute, West. 1. c. 36. anno 3. Ed. 1. It is provided also and agreed, that if any man be attainted of disseisin done in the time of our King that now is, with robbery of any manner of goods, or movables, by recognizance of Assize of novel disseisin, the judgement shall, etc. In which place it is used for the verdict of the twelve men empaneled upon an Assize, which twelve are also called recognitours of the Assize, Litleton fol. 72. So also Bracton calleth them lib. 5. tractat. 2. cap. 9 num. 2. in these words: In essonio verò reddendo exigentur omnes illi, quos causa tetigerit: sicut particeps, Warantus, & alii ut. supra. Recognitores in Assisis, juratores in juratis, Inquisitores in Inquisitionibus, etc. And again, lib. 3. tract. prim. cap. 11. num. 16. See the Statute anno 20. Ed. prim. stat. 4. See the new book of Entries, ver. Recognisance.  
Recognitione adnullanda per vim & duritiem facta, is a writ to the justices of the common Bench, for the sending of a record, touching a recognizance, which the recognisour suggesteth to be acknowledged by force and hard dealing, that if it so appear, it may be disannulled. Register original. fol. 183. a. b.  
Recognitours (recognitores) is a word used for the jury empaneled upon an assize. The reason why they be so called, may be, because they acknowledge a disseisin by their verdict. See Bracton lib. 5. tract. 2. cap. 9 nu. 2. & lib. 3. tract. prim. cap. 11. num. 16.  
Record, (recordum) cometh of the Latin (recordari.) The word is both French and English, and in both tongs signifieth an authentical or uncontrollable testimony in writing. Britton cap. 27. and Lamb. Eirenarch. lib. 1. cap. 13. In the Grand customary of Normandy, there are several Chapters of divers records, expressing whose presence in each of the Courts, is sufficient to make that which is enacted to be a record. viz. the 102. chapter, where you have words to this effect. The record of the King's Court, is a record of things done before the King. All things done before the King, so he have one other witness. This record may he and other make: if he himself will not make it, it may be made by three others. And his person may not be impeached (or excepted against) either in this or any other thing. The next chapter. viz. the 103. showeth how many persons suffice to make a record in the Exchequer. The next how many in an assize, etc.  
I find not that we in our Courts (especially the King's Courts) stand much upon the number of recorders or witnesses for the strength of the testimony which the record worketh: but that we take it sufficient which is registered in each Court. Glanvile lib. 8. cap. 8. Bracton lib. 3. tract. 2. cap. 37. num. 4. Britton in the poem of his book, saith, that the justices of the King's Bench have a record, the Coroner, Viscount, justices of the Exchequer, justices of Goal delivery, the Steward of England, justices of Ireland, justices of Chester, justices assigned by the King's letters patents, in those causes they have commission to take knowledge of. All which (as I take it) must be understood with that caveat of Brook, titulo (Record) num. 20 & 22. that an act committed to writing in any of the King's Courts, during the term wherein it is written, is alterable, and no record: but that term once ended, and the said act duly enroled, it is a record, and of that credit, that admitteth no alteration, or proof to the contrary. Yet see Sir Edward Cooks Reports lib. 4. Rawlins case. fol. 52. b. ann. 12. Ed. 2. cap. 4. It is said, that two justices of either Bench have power to record Non suits, & Defaults in the country. It appeareth by Bracton, lib. 5. tract. 2. c. 1. & 11. that quatuor milites babent recordum, being sent to view a party essoined de malo lecti, and lib. 5. tract. 1. cap. 4. nu. 2. that Seruiens Hundredi habet recordum in testimonio proborum honinum. And in the Statute of Carlisle, made anno 15. Ed. 2. it is said, that one justice of either Bench with an Abbot, or a Prior, or a Knight, or a man of good same and credence, hath a record in the view of one that is said by reason of sickness, to be unable to appear personally for the passing of a fine. And anno 13. H. 4. cap. 7. & anno 2. H. 5. cap. 3. that two justices of peace, with the shreeve, or Vndershyreeve have power to record, what they find done by any in a riot, or rout, etc.  
That which is before mentioned out of Britton touching the shreeve, seemeth to be limited by Fitzh: nat. br. fol: 81. D. Who alloweth him a Record in such matters only, as he is commanded to execute by the King's writ, in respect of his office. And thence it cometh that Kitchen fol. 177. saith, that the Escheatour, and Shyreeve be not justices of record, but officers of record. In which words he signifieth, that their testimony is authentical only in some certain things that are expressly enjoined them by virtue of their. Commission, as ministers to the King in his higher Courts, whereas justices of record have in generality a record for all things within their cognisance done before them as judges, though not expressly or particularly commanded. Fitzherbert in his Nat: br. fo. 82. in principio, something explaineth this point, writing to this effect: Every act that the shreeve doth by virtue of his commission, aught to be taken as matter of record, no less than the justices of peace. His reasons be two: the former, he cause his patent is of record: the other, because he is a conservator of the peace. And then he addeth, that the pleas held before him in his County be not of record. Yet is the county called a Court of record. Westm. 2. ca 3. anno 13. Ed. 1. But it seemeth by Britton. cap. 27. that it is only in these causes, whereof the shreeve holdeth plea by especial writ; and not those that he holdeth of course or custom. And in that case also it may be gathered out of the same author, that he hath a record, but with the testimony of those annexed, that be suitors to the Court. Which seemeth to agree with Bractons' words above specified. Seruiens Hundredi habet recordum in testimonio proborum hominum. And to this purpose read Glanuile. lib. 8. cap. 8. 9 & 10. One justice upon view of forcible detinew of land, may record the same by statute. anno 15. R. 2. cap. 2. the Mayor, and Constables of the Staple, have power to record recognizances of debt taken before them. anno 10. H. 6. ca 1.  
Brooke, titulo (Record) seemeth to say, that no court ecclesiastical is of record: how truly, it is to be inquired. For Bishop's certifiing bastardy, bigamy, excommunication, the vacancy or plenarty of a Church, a marriage, a divorce, a spiritual intrusion, or whether a man be professed in any religion, with other such like, are credited without farther inquiry or controlment. See Brooke, titulo Bastardy. See Fleta. lib: 6. ca 39 40. 41. 42. Lamb. cirenarcha: lib: pri. cap. 13. Glanuile. li. 7. ca 14. & 15. the Register original: fol. 5. b. Bracton. lib. 5. tracta. 5. ca 20. nu. 5. Britton ca 92. 94. 106. 107. & 109. Doct. and Stud. li. 2. ca 5. but especially Cosius apology, part pri. ca 2. And a testament showed under the seal of the Ordinary is not traversable. 36. H. 6. 31. Perkins Testament. 491. Fulb. paral. fol. 61. b. But it may be that this opinion groweth from a difference between that law, whereby the court Christian is most ordered, and the common law of this land. For by the civil or canon law no instrument, or record is held so firm, but that it may be checked by witnesses able to depose it to be untrue. Co. plu● valere quod agitur quam quod simulate concipitur. ca cum johannes. 10. extra: de fide instrumentorum. Whereas in our common law against a record of the King's Court, after the term wherein it is made, no witness can prevail. Britton. ca 109. Coke lib. 4. hinds case. fol. 71. lib. assisarum fol. 227. nota. 21. This reconciliation may be justified by Brook himself. titulo, Testaments. num. 4. 8. & 14. and by Glanuile, lib. 8. cap. 8.  
The King may make a court of record by his grant. Glanuil. li. 8. ca 8. Britton cap. 121. as for example, Queen Elizabeth of worthy memory by her Charter dated. 26. Aprilis. anno 3. regni sui made the Consistory Court of the University of Cambridge a Court of record.  
There are reckoned among our common lawyers three sorts of records: viz: A record judicial, as attainder, etc. A record ministerial upon oath, as an office found. A record made by conveyance by consent, as a fine, deed enroled, or such like. Coke. li. 4. Andrew Ognels' case. fo. 54. b.  
Recordare facias, or recordari facias, is a writ directed to the shreeve, to remove a cause depending in an inferior court, to the King's bench, or common pleas, as out of a court of ancient Demesn, Hundred, or County, Fitz. nat. br. fol. 71. B. out of the county Court. idem, fo. 46. B. or other courts of record. idem fol. 71. C. & 119. K. Howbeit, if you will learn more exactly, where, and in what cases this writ lieth, read Brook in his Abridgm. titulo, Recordare & pone. It seemeth to be called a recordare, because the form is such, that it commandeth the shreeve to whom it is directed, to make a record of the proceeding by himself, and others, and then to send up the cause. See the Register, verbo, Recordare, in the Table of the original Writs. See Certiorart. See Accedas ad Curiam.  
Recorder (recordator) cometh of the French (recordeur. i. talis persona quae in Ducis Curia â judicio faciendo non debet amoveri.) Grand customary of Norm. cap. 107. & 121. Whereby it appeareth, that those which were necessary judges in the Duke of Normandies' Courts, were called Recorders: and who they were, is showed in the ninth chapter of the said book. And that they, or the greater part of them, had power to make a record, it is evident in the chapter 107. Here in England a Recorder is he, whom the Mayor or other Magistrate of any city, or town corporate, having jurisdiction, or a Court of record within their precincts by the Kings grant, doth associate unto him for his better direction in matters of justice and proceedings, according unto law. And he is for the most part a man well seen in the common law.  
Recordo & processis mittendis, is a writ to call a Record, together with the whole proceeding in the cause, out of one court into the Kings Court. Which see in the Table of the Register orig.. how diversly it is used.  
Recordo utlagariae mittendo, is a writ judicial, which see in the Register judicial. fol. 32.  
Recovery (Recuperatio) cometh of the French) Recovurer. i. Recuperare. It signifieth in our common law, an obtaining of any thing by judgement, or trial of law, as evictio doth among the Civilians. But you must understand, that there is a true recovery and a feigned. A true Recovery is an actual, or real recovery of any thing, or the value thereof by judgement: as if a man siewed for any land, or other thing movable or immovable, and have a verdict, and judgement for him. A feigned recovery is (as the Civilians call it) quaedam fictio juris. a certain form, or course set down by law, to be observed for the better assuring of lands or tenements unto us. And for the better understanding of this, read West. part 2. symbol. titulo Recoveries. sect. pri. who saith, that the end, and effect of a Recovery, is to discontinue and destroy estates Tails, Remainders, and Reversions, and to bar the former owners thereof. And in this formality there be required 3. parties, viz. the demandant, the Tenent, and the Vowchee. The demandant is he that bringeth the writ of Entry, and may be termed the Recoverer: The Tenent is he, against whom the writ is brought, and may be termed the Recoveree. The Vowchee is he, whom the tenant vowcheth, or calleth to wartantie for the land in demand. West. ubi supra. In whom you may read more touching this matter.  
But for example to explain this point, a man that is desirous to cut of an estate tail in lands or tenements, to the end, to sell, give, or bequeath it, as himself seeth good, useth his friend to bring a writ upon him for this land. He appearing to the writ saith for himself, that the land in question came to him or his ancestors from such a man or his ancestor, who in the conveyance thereof, bound himself and his heirs to make good the title unto him or them to whom it was conveyed. And so he is allowed by the court to call in this third man to say what he can for the iustifiing of his right to this land, before he so conveyed it. The third man cometh not: whereupon the land is recovered by him that brought the writ: and the tenant of the land is left for his remedy to the third man that was called and came not in to defend the tenant. And by this means the entail which was made by the tenant, or his ancestor, is cut of by judgement hereupon given: for that he is pretended to have no power to entail that land, whereunto he had no just title, as now it appeareth: because it is evicted, or recovered from him.  
This kind of recovery is by good opinion, but a snare to deceive the people. Doctor & Stud. ca 32. dial. pri. fol. 56. a. This feigned Recovery is also called a common Recovery: And the reason of that Epitheton is, because it is a beaten and common path to that end, for which it is ordained, viz. to cut of the estates above specified. See the new book of Entries verbo. Recovery.  
I said before, that a true recovery is as well of the value, as of the thing: for the better understanding whereof, know, that (In value) signifieth as much as (Illud quod interest) with the Civilians. For example, if a man buy land of an other with warranty, which land a third person afterward by suit of law recovereth against me, I have my remedy against him that sold it me, to recover in value, that is, to recover so much in money as the land is worth, or so much other land by way of exchange. Fitzh. nat. br. fol. 134. K. To recover a warranty. old. nat. br. fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing.  
Recto, is a writ, called in English, a writ of Right, which is of so high a nature, that whereas other writs in real actions, be only to recover the possession of the land, or tenements in question, which have been lost by our ancestor, or ourselves, this aimeth to recover both the seisin, which some of our Ancestors, or we had, and also the property of the thing, whereof our Auncester died not seized, as of fee: and whereby are pleaded, and tried both the rights together, viz. as well of possession, as property. Insomuch as if a man once lose his cause upon this writ, either by judgement, by Assize, or battle, he is without all remedy, and shall be excluded (per exceptionem Rei iudicatae) Bracton lib. 5. tract. 1. cap. 1. & seqq. where you may read your fill of this writ.  
It is divided into two species: Rectumpatens, a writ of right patent, and Rectum clausum, a writ of right close. This the Civilians call judicium petitorium. The writ of right patent is so called, because it is sent open, and is in nature the highest writ of all other, lying always for him that hath fee simple in the lands, or tenements siewed for, and not for any other. And when it lieth for him that challengeth fee simple, or in what cases, See Fitzh. nat. br. fol. pri. C. whom see also. fol. 6. of a special writ of right in London, otherwise called a writ of right according to the Custom of London. This writ is also called Breve magnum de Recto. Register original. fol. 9, A. B. and Fleta li. 5. cap. 32. §. 1.  
A writ of right close, is a writ directed to a Lord of ancient Demesn, and lieth for those, which hold their lands and tenements by charter in fee simple or in fee tail, or for term of life, or in dower, if they be ejected out of such lands, etc. or disseised. In this case a man or his heir may siew out this writ of Right close directed to the L. of the Ancient Demesn, commanding him to do him right, etc. in his court. This is also called a small writ of right. Breve parvum, Register original. fol. 9 a. b. and Britton, cap. 120. in fine. Of this see Fitzh. likewise at large. nat. br. fol. 11. & seqq.  
Yet note that the writ of right patent seemeth farther to be extended in use, than the original invention served: for a writ of Right of Dower, which lieth for the tenant in Dower, and only for term of life, is patent, as appeareth by Fitzh. nat. br. fol. 7. E. The like may be said of divers others that do hereafter follow. Of these see also the table of the original Register. verbo Recto. This writ is properly tried in the Lords court between kindsmen, that claim by one title from their Auncester. But how it may be thence removed, and brought either to the County, or to the king's court, see Fleta, lib. 6. cap. 3. 4. & 5. Glanvile seemeth to make every writ, whereby a man sueth for any thing due unto him, a writ of right. lib. 10. ca 1 lib. 11. cap. 1. lib. 12. cap. 1.  
Recto de dote, is a writ of Right of Dower, which lieth for a woman, that hath received part of her Dower, and purposeth to demand the Remanent in the same town, against the heir, or his Guardian, if he be ward. Of this see more in the old nat. br. fol. 5. and Fitzh. fol. 7. E. and the Register original, fol. 3. and the new book of Entries, verbo Droyt.  
Recto de dote unde nihil habet, is a writ of right, which lieth in case, where the husband having divers lands or tenements, hath assured no dower to his wife, and she thereby is driven to siew for her thirds against the heir or his Guardian, old. nat. by. folio 6. Register original, fol. 170.  
Recto de rationabili part, is a writ that lieth alway, beweene privies of blood, as brothers in Gavel-kind, or sisters, or other Coparceners, as Nephews or Nieces, and for land in Fee simple. For example, if a man lease his land for term of life, and afterward dieth, leaving issue, two daughters, and after that the tenant for term of life likewise dieth: the one sister entering upon all the land, and so deforcing the other; the sister so deforced, shall have this writ to recover her part. Fitz. nat. br. fo. 9 Register origin. fol. 3.  
Recto quando Dominus remisit, is a writ of right, which lieth in case, where lands or tenements that be in the signory of any Lord, are in demand by a writ of right. For if the Lord hold no Court, or otherwise at the prayer of the Demandant, or Tenent, shall send to the Court of the King his writ, to put the cause thither for that time (saving to him another time the right of his signory) than this writ issueth out for the other party, and hath this name from the words therein comprised, being the true occasion thereof. This writ is close, and must be returned before the justices of the common Bank. old. nat. br. fol. 16. Regist. orig. fol. 4.  
Recto de Advocatia Ecclesiae, is a writ of right, lying where a man hath right of Advouzen, and the Parson of the Church dying, a stranger presenteth his Clerk to the Church, & he not having moved his action of Quare impedit nor darrein presentment within six months, but suffered the stranger to usurp upon him. And this writ he only may have, that claimeth the Aduowzen, to himself and to his heirs in fee. And as it lieth for the whole advowzen: so it lieth also for the half, the third, the fourth part. old. nat. br. fol. 24. Register original. fol. 29.  
Recto de custodia terrae & haeredis, is a writ that lieth for him, whose Tenent holding of him in Chivalry, dieth in his nonage, against a stranger, that entereth upon the land, and taketh the body of the heir. The form, and farther use whereof see in Fitzh. nat. br. fol. 139. and the register original: fol. 161.  
Recto sur disclaimer, is a writ that lieth, where the Lord in the king's court, sc: in the common pleas, doth avow upon his tenant, and the Tenent disclaimeth to hold of him, upon the disclaimer he shall have this writ: and if the Lord aver, and prove, that the land is holden of him, he shall recover the land for ever. old. nat. br. fo. 150. which is grounded upon the statute, Westm. 2. ca 2. anno 13. Ed. pri. which statute beginneth. Quia Domini feudorum, etc.  
Rector, is both Latin, and English, signifying a Governor. In the common law rector ecclesia parochialis, is he that hath the charge, or cure of a parish Church: qui tantum ius in ecclesia parochiali habet, quantum praelatus in ecclesia collegiata. ca vlt: De locat; & Conduct: in glos: verbo Expelli potuissent. In our common law, I hear that it is lately over ruled, that rector ecclesiae parochialis is he, that hath a parsonage, where there is a vicarage, endowed: and he that hath a parsonage without a vicarage, is called persona. But this distinction seemeth to be new and subtle praeter rationem. I am sure Bracton useth it otherwise, lib: 4. tracta: 5. ca pri. in these words. Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos, & Ordinarios ut personae. Where it is plain, that rector and persona be confounded. Mark also these words there following: Item dici possunt rectores Canonici de ecclesus praebendatis. Item dici possunt rectores, vel quasi, Abbates, Priores & alii, qui habent ecclesias ad proprios usus.  
Rectus in curia, is he that standeth at the bar, and hath no man to object any offence against him. Smith de repub: Angl: li. 2. c. 3. see a. 6. R. 2. sta. 1. c. 12.  
Reddendum, is used many times substantively for the clause in a lease, etc. Whereby the rent is reserved to the leasour. Coke lib. 2. Lord Cromwel's case. fol. 72. b.  
Redisseisin (redisseisina) is a disseisin made by him, that once before was found, and adjudged to have disseised the same man of his lands, or tenements. For the which there lieth a special writ, called a writ of redisseisin. old: nat. br. fol. 106. Fitzh. nat. br. fol. 188. See the new book of Entries. verb. Redisseisin.  
Redisseisina, is a writ lying for a redisseisin. Reg. orig. fo. 206. 207.  
Reddition, is a judicial confession, and acknowledgement that the land or thing in demand belongeth to the demandant, or at the least, not to himself. a. 34. & 35. H. 8. ca 24. Perkins Dower. 379. 380.  
Redubbours, be those that buy cloth, which they know to be stolen, and turn it into some other form or fashion. Britton. cap. 29. Cromptobs' Viscount, fol. 193. a.  
re-entry, cometh of the French (r●●trer). i. rursus intrare, and signifieth in our common law, the resuming, or taking again of possession, which we had ●●●st foregone. For example, if I make a lease, of land, or tenement, I do thereby forego the possession, and if I do condition with the Leassee, that for non payment of the rent at the day it shallbe lawful for me to re-enter, this is as much as if I conditioned to take again the lands etc. into mine own hands, and to recover the possession by mine own fact without the assistance of judge or process.  
Rear county. See Rier Cowntye.  
Re extent, is a a second extent made upon lands, or tenements, upon complaint made, that the former extent was partially performed. Brooke, titulo. Extent. fol. 313.  
Regard (regardum) is borrowed of the French (Regard) or Regardure. i. aspectus, conspectus, respectus.) and though it have a general signification of any care or diligence: yet it hath also a special acceptance, and therein is used only in matters of the Forest: and there two ways: one for the office of the Regarder, the other for the compass of ground belonging tooth Regarders office or charge. Cromptons' Iurisd. fol. 175. 199. Touching the former, thus saith M. Manwod, part pri. of his Forest laws. pag. 198. The Eire, general sessions of the Forest, or justices seat, is to be holden, and kept every third year: and of necessity before that any such sessions or justices seat can be holden, the Regarders of the Forest must make their Regard. And this making of the Regard must be done by the king's writ. And the Regard is, (as he afterward there saith) to go through the whole Forest, and every bailiwick of the same, to see and inquire of the trespasses of the Forest: which he compriseth in these 4. viz. ad videndendum. ad inquirendum, ad imbreviandum, ad certificandum. Of every of which branches you may read there his exposition.  
Touching the second signification, the compass of the Regarders charge is the whole Forest, that is, all that ground, which is parcel of the Forest. For there may be woods within the limits of the Forest, that be no parcel thereof, and those be without the Regard, as the same author plainly declareth, part pri. pag. 194. and again part 2. cap. 7. nu. 4. where he showeth the difference between these words: (Infra Regardum) or (Rewardum) & Infra Forestam.  
Regarder (Regardator) cometh of the French (Regardeur). i. spectator) & signifieth an officer of the Forest. Cromptons' Iurisdict. fol. 153. where it is thus defined. A Regarder is an officer of the Forest, appointed to survew all other officers. He saith there also, that this officer was ordained in the beginning of King Henry the seconds days. M. Manwood in his first part of Forest laws. pag. 188. thus defineth him. A Regarder is an officer of the King's Forest, that is sworn to make the Regard of the Forest, as the same hath been used to be made in ancient time. And also to view and inquire of all offences of the Forest, as well of vert as of venison, and of all concealments of any offences or defaults of the Foresters, and of all other officers of the King's Forest, concerning the execution of their offices. He saith there also, that a Regarder may be made either by the King's letters patents, or by any one of the King's justices of the Forest, at his discretion in the general Eyre, or at such time, as the Regard is to be made, by virtue of the Kings writ, directed to the shreeve of the County for that purpose. The form of which writ he there setteth down.  
After that pag. 192. he setteth down his oath in these words. You shall truly serve our sovereign Lord the King in the office of a Regarder in the Forest of Waltham. You shall make the Regard of the same in such manner, as the same hath been accustomed to be made. You shall range through the whole forest, and through every Bailiwicke of the same, as the Foresters there shall lead you to view the said forest. And if the foresters will not, or do not know how to lead you, to make the regard or range of the Forest, or that they will conceal from you any thing that is forfeited to the King, you yourselves shall not let for any thing: but you shall see the same forfeiture, and cause the same to be enrolled in your roll. You shall inquire of all wastes, pourpre. stirs, and Asserts of the Forest, and also of concealments of any offence, or trespass in the Forest. & all these things you shall to the uttermost of your power do, so help you God. Then you may read farther the particulars of his office. eadem, pag. 195. And pag. 207. he saith that their presentments must be upon their view, and so recorded, and that the Regarders of themselves have power to hear and determine the fine, or amerciament for expeditating of dogs. See Regard.  
Regio assensu, is a writ whereby the King giveth his Royal assent to the election of a Bishop or Abbot. Register origin. fol. 294. b.  
registry) Registrum) cometh of the French (Registre. i. liber, librarium, codex ratiocinarius, ephemeris, commentarius) it signifieth with us the office, or books, or rolls, wherein are recorded the proceedings of the Chancery, or any spiritual court. The writer, and keeper whereof is called the Register, in latin, Registarius. Register is also the name of a book, wherein are expressed all the forms of writs used at the common law, called the Register of the Chancery. anno 13. Ed. prim. cap. 24. Some say it is termed Registrum quasi Regestum. Prataeus.  
Regrator (regratator) cometh of the French (regratter i desquamare.) Regratter quelque vielle rob & la fair neufue) is to scour or furbush an old garment and to make it new again. Also (regratteur) signifieth as much as (Mango) in Latin: which kind of men sold children, and to sell them the better, mentiends coloris artem optime callebant. Martialis & Plinius. This word in our common law, did anciently signify such as bought by the great, and sold by retail. anno 27. Ed. 3. stat. prim. ca 3. but now it signifieth him, that buyeth and selleth any wares, or victuals in the same market, or fair, or within 5. miles thereof. anno 5. Ed. 6. cap. 14. anno 5. Eliz. cap. 12. anno 13. Eliz. cap. 25. See Forestallers and Engrossers.  
Rehabere facias seisinam quando Vice comes liberavit seifinam de maiore part, quam deberet, is a writ judicial. Regist. judicial, fol. 13. 51. There is another writ of this name and nature. eodem fol. 54.  
Rejoinder (reiunctio) signifieth in our common law, as much as Duplicatio with the Civilians, that is, an exception to a replication. For the first answer of the Defendant to the Plaintiffs bill, is called an exception: the plaintiffs answer to that, is called a Replication: and the Defendants to that, Duplication in the civil law, and a Rejoinder with us; especially in Chancery. West. part 2. symb. titulo Chancery. sect. 56. where he citeth these words out of Spigelius. Est autem reiunctio seu duplicatio, vel allegatio, quae datur reo ad infirmandum replicationem actoris, & confirmandum except ionem Rei.  
Relation (relatio) idem quod fictioiuris, to make a nullity of a thing from the beginning, (for a certain intent) which had essence, Cook lib. 3. Butler & Baker. fol. 28. b. which in plainer terms may be thus expounded. Relation is a fiction of the law, whereby something is (for a special purpose) imagined never to have been, which in truth was. Read the rest.  
Release (relaxatio) cometh of the French Relasche. i. cessatio, relaxatio, lax amentum) and in our common law is thus defined: A Release is an Instrument whereby estates, rights, titles, entries, actions, and other things be some time extinguished, some time transserred, sometime abridged, and sometime enlarged. West. part prim. symbol. lib. 2 sect. 509. And there is a Release in fact, and a release in law. Perkins Grants 71. A release in fact seemeth to be that, which the very words expressly declare. A Release in law is that, which doth acquit by way of consequent, or intendment of law. An example whereof you have in Perkins ubi supra. Of these, how they be available, & how not, see Litleton at large. li. 3. cap. 8. fol. 94. of divers sorts of these Release see the new book of Entries. verbo Release.  
Relief (relevium) cometh of the French (relever. i. relevare) and signifieth in our common law, a certain sum of money, that the tenant holding by knight's service, grand sergeanty, or other tenure, for the which homage or regal service is due, or by soccage, for the which no homage is due, and being at full age at the death of his ancestor, doth pay unto his Lord at his entrance. Bracton lib. 2. cap. 36. giveth a reason why it is called a Relief. viz. quia haereditas, quae tacens fuit per antecessoris decessum, relevatur in manus heredum, & propter factam relevationem, facienda erit ab herede quaedam praestatio, quae dicitur Relevium. Of this you may read Britton. cap. 69. in a manner to the same effect. Of this also speaketh the Grand Custumary of Normandy, cap. 34. to this effect: It is to be known, that the Lord of the fee ought to have relief of the lands, which be held of him by homage, when those die, of whom he had homage. And that this is not only proper to us in Eng. or Normandy, appeareth by Hotoman in his Commentaries, de verbis feud. verbo Relevium, who there defineth it thus: Relevium est honorarium, quodnovus vasallus patrono introitus causa largitur, quasi morte vasalli alterius, vel alto quo casu feudum ceciderit: quod iam à novo sublevetur: and farther speaketh of it, that which is worth the reading, and containeth great knowledge of antiquity. See the like definition in Maranta singularibus. verbo Relevium. For the quantity of this relief, see the Great charter, cap. 2. in these words: If any of our Earls or Barons, or any other our tenants, which hold of us in chief by knight's service, die, and at the time of his death his heir is of full age, and oweth to us relief, he shall have inheritance by the old Relief: that is to say, the heir, or heirs of an Earl for one whole Earldom one hundred pound: the heir or heirs of a Baron for one whole Barony, one hundred merkes: the heir or heirs of a Knight, for one whole Knights fee, one hundred shillings at the most. And he that hath less, shall give less, according to the old custom of the fees. Read also. Glanvile lib. 9 cap. 4. fol. 68 who saith, that in his days the Relief of a Barony was not certain. The heir in frank soccage, when he cometh to his full age, after the death of his ancestor, shall double the rent that he was wont to pay to the Lord, and that shall be in place of relief. old nat. br. fol. 94. Somewhat more hereof you may read in anno 28. Ed. prim. statut. prim. and Kitchen fol. 145. ca Relief. and Glanvile, lib. 7. cap. 9 The Feudists also write of this at large. Among others Vincentius de Franchis descis. 121. saith, that Relevii solutioest quaedam extrinseca praestatio à consuetudine introducta, quae non inest feudo, quodque soluitur proconsirmatione, seu renovatione investiturae & possessionis. See Heriot. This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. By the ancienter civil law it is termed (introitus) l. penult. §. Alumno. Π de legatis. Skene de verb. signif. saith, that Relief is a French word from the Latin relevare, which is to relieve or take up that which is fallen. For it is given by the tenant, or vassal being of perfect age, after the expiring of the wardeship to his Lord, of whom he holds his land by Knight's service, that is, by ward and relief; and by payment thereof he relieves, and (as it were) raiseth up again his lands, after they were fallen down into his superiors hands by reason of wardship, etc.  
Remainder (remanentia) signifieth in our common law, a power or hope to enjoy lands, tenements, or rents after the estate of another expired. For example, a man may let land to one for term of his life, and the Remainder to another for term of his life. Litleton cap. Atturnment: fol: 113. And this Remainder may be either for a certain term, or in fee simple, or fee tail, as might be proved by many places in the law writers. But in steed of the rest, take Brook, titulo Done & Remainder, fol: 245. Glanuile. lib. 7. ca pri: in fine hath these words: Not andum quod nec Episcopus, nec Abbas, quiaeorum Baroniae sunt de eleemozina Domini Regis, & antecessorum eius, non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu & confirmatione Demini Regis. Where it appeareth that Dare ad remanentiam is to give away for ever. To the same effect doth he use it cap. 9 eiusdem libri in these words, speaking of the Lords of mancrs during the minority of their wards. Nihil tamen de haereditate, de iure alienare possunt ad remanentiam. In the like sort doth Bracton use it. lib. 2. cap. 23. in fine: and also lib. 4. tracta. 2. cap. 4. nu. 4. See the new book of Entries. verbo Remainder.  
Remembrancers of the Exchequer (Rememoratores) be three officers, or clerks, one called the King's Remembrancer. anno 35. El. cap. 5. The other the Lord Treasurer's Remembrancer, upon whose charge it seemeth to lie, that they put all justices of that court, as the Lord Treasurer and the rest, in remembrance of such things, as are to be called on, and dealt in for the Prince's behoof. The third is called the Remembrancer of the first fruits. Of these you may read something. anno 5. Rich. 2. stat. pri: cap. 14. & 15. to the effect above specified. These anno 37. Ed. 3. cap. 4. be called clerks of the Remembrance. It seemeth that the name of this officer is borrowed from the Civilians, who have their (Memoriales) qui sunt notarii Cancellariae in regno subjects officio Questoris. Lucas de penna. C. lib. 10. tit. 12. nu: 7. The king's Remembrancer entereth in his office all recognicances taken before the Barons for any the King's debts, for apparences, or for observing of orders. He taketh all bonds for any of the king's debts, or for appearance, or for observing of orders, and maketh process upon them for the breach of them. He writeth process against the collectors of customs, subsidies and fiveteenthes, for their accounts. All informations upon penal statutes are entered in his office. And all matters up on English bills in the Exchequer chamber are remaining in his office. He maketh the bills of compositions upon penal laws: taketh the stalments of debts: maketh a record of a certificate delivered unto him by the clerk of the starchamber of the fines there set, and sendeth them to the pipe. He hath delivered unto his office all manner of indentures, fines, and other evidences whatsoever, that concern the assuring of any lands to the Crown. He yearly in crastino animarum readeth in open court the statute for the elections of Shyreeves, and giveth those that choose them their oath: he readeth in open court the oath of all the officers of the court, when they are admitted.  
The treasurers remembrancer maketh process against all Shyreeves, escheators, receivers, and bailiffs for their accompts. He maketh process of (fieri facias) and extent for any debts due to the King, either in the pipe, or with the auditors. He maketh process for all such revenue as is due to the King by reason of his tenors. He maketh a record, whereby it appeareth whether shreeves and other accountants pay their proffers dew at Easter and Michaelmas. He maketh another record, whereby it appeareth, whether shreeves and other accountants keep their days of prefixion. All extreats of fines, issues, and amerciaments set in any courts of Westminster, or at the assizes, or sessions, are certified into his office, and are by him delivered to the clerk of extreats to write process upon them. He hath also brought into his office all the accompts of customers, controllers, and other accoumptants to make thereof an entry of record.  
The Remembrancer of the first fruits, taketh all compositions for first fruits and tenths: and maketh process against such as pay not the same.  
Remittere, cometh of the French (remettre. i. restituere, reponere) and signifieth in our common law, a restitution of one that hath two titles to lands or tenements, and is seized of them by his later title, unto his title that is more ancient, in case where the later is defective. Fitz. nat. br. fol. 149. F. Dyer fol. 68 nu. 22. This in what case it may be granted to any man, see in Brook, titulo Remitter: and the terms of law. The Doctor and Student of this matter hath these words: if land descend to him that hath right to that land before, heshalbe remitted to his better title, if he will. capite nono. fol. 19 b. See the new book of Entries: verbo Remitter.  
Render, cometh of the French (Rendre. i. reddere, retribuere, restituere) and signifieth in our common law, the self same thing. For example, this word is used in levying of a fine. For a fine is either single, by which nothing is granted, or rendered back again by the Cognizee, to the Cognizoumor double, which containeth a grant, or render back again of some rent, common, or other thing, out of the land itself to the Cognizor, etc. West. part. 2. symbol. titulo Fines. sect. 21. & 30. F. Also there be certain things in a manner that lie in prender, that is, which may be taken by the Lord, or his officer, when they chance, without any offer made by the tenant, as the ward of the body of the heir, and of the land, escheats, etc. and certain that lie in Render, that is, must be delivered or answered by the Tenent, as rents, reliefs, heriots, and other services. Idem, eodem sect. 126. C. Also some service consisteth in seisance, some in Render. Perkins Reservations. 696.  
Rend (Reditus) cometh of the French (Rent. i vectigal, pensitatio annua) and signifieth with us, a sum of money or other consideration issuing yearly out of land or tenements. Plouden, casu Browning. fol. 132. b. & fol. 138. a. 141. b. There be three sorts of rents observed by our common Lawyers: that is, Rend service, Rend charge, and Rend seck. Rend service is, where a man holdeth his land of his Lord by fealty, and certain rent, or by fealty, service, and certain rent. Litleton lib. 2. ca 12. fol. 44. or that which a man, making a lease to another for term of years, reserveth yearly to be paid him for the same. Terms of law. verbo Rents. who giveth this reason thereof, because it is in his liberty, whether he will distrain, or bring an action of debt. A Rend charge is that, which a man making over an estate of his land, or tenements to another, by deed indented either in in fee, or fee tail, or lease for term of life, reserveth to himself by the said indenture a sum of money yearly to be paid unto him with clause of distress, or to him and his heirs. See Litleton, ubi supra. A Rent seck, otherwise a dry rent, is that, which a man making over an estate of his land or tenement, by deed indented, reserveth yearly to be paid him without clause of distress mentioned in the Indenture. Litleton ubi. supra. and terms of the law. verbo Rents. see the new expositor of law Terms: See Plowden, casu Browning. fol. 132. b. See the differences between a rent, and an annuity. Doctor and Student. cap. 3. O●dialo. primo.  
Reparatione facienda, is a writ, which lieth in divers cases, whereof one is, where three be tenants in common, or joint tenants, or pro Indiviso, of a mill, or house which is fallen into decay, and the one being willing to repair it, the other two will not. In this case, the party willing shall have this writ against the other two. Fitzh. nat. br. f. 127. where read at large the form & many uses of this writ. as also in the Regi. orig. fol. 153. b.  
Repeal, cometh of the French (Rappel. i. Revocatio) and signifieth in our common law even the same; as the Repeal of a statute, Rastall titulo Repeal. Brooke useth Repellance in this signification, titulo Repellance.  
Repleader (Replacitare) is to plead again, that which was once pleaded before. Rastall, titulo Repleader. See the new book of Entries, verbo Repleder.  
Replegiare. See Replevie. See Second deliverance.  
Replevie (Plevina) is the bringing of the writ called Replegiarifacias, by him that hath his cattle or other goods distrained by another for any cause, and putting in surety to the Shyreve, that upon the delivery of the thing distrained, he will persiew the action against him that distrained. Terms of law. See Replegiare. It is used also for the bailing of a man. pl. cor. fol. 72. 73. 74. & West pri. cap. 11. & cap. 15. anno 3. Ed. 1.  
Replegiare de averus, is a writ brought by one, whose cattles be distrained or put in pound upon any cause by another, upon surety given to the shreeve to persiew the action in law. anno 7. H. 8. cap. 4. Fitzh. nat. br. fol. 68 See the Register original, of divers sorts of this writ called Replegiare. in the table, verbo eodem. See also the Register judicial, fol. 58. & 70. see also the new book of Entries. verbo Replevin. See Dyer. fol. 173. nu. 14.  
Replevish (Replegiaro) is to let one to mainprize upon surety. anno 3. Ed. 1. cap. 11.  
Replication (replicatio) is an exception of the second degree made by the plaintiff upon the first answer of the Defendant, West. part 〈◊〉. symbol. titulo Chancery. sect. 55. & Westm. 2. anno. 13. Ed. pri. cap. 36. This is borrowed from the Civilians, De replicationibus, lib. 4. Institutio. titulo. 14.  
Report (Reportus) is in our common law a relation, or repetition of a case debated, or argued. which is sometime made to the court, upon reference from the court to the Reporter, sometime to the world voluntarily, as Ployden's reports, & such like.  
Reposition of the Forest, was an act whereby certain forest grounds being made purlieu upon view, were by a second view laid to the Forest again. Manwood, part pri. pag. 178.  
Reprisels (Reprisalia) are all one in the common and Civil law. Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis & damnis acceptis. Vocabularius utriusque juris. This among the ancient Romans was called (Clarigatio) of the verb (Clarigo. i. res clarè repeto) It is called in the statute anno 27. Ed. 3. stat. 2. cap. 17. law of mark, of the Germane word March. i terminus, limbs. And the reason may be, because one destitute of justice in another territory, redresseth himself by the goods belonging to men of that territory, taken within his own bounds.  
Requests (Supplicum libelli, Curia Requisitionum) is a Court of of the same nature with the Chancery, redressing by equity the wrongs that poor men do suffer at their hand, whose might they are not able to withstand either in law or otherwise. It took beginning as some men think, by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary jurisdiction, but travailed between the Prince and petioners, by direction from the mouth of the King. Guins' preface to his readings, But see Court of Requests.  
Resceyt (Receptio) seemeth to be an admission of a third person to plead his right in a cause formerly commenced, between other two. See the new book of Entries. verbo Resceit. v. Aide prier. The Civilians call this admissionem tertii pro suo interest. Of this you have one example in the Terms of law, viz. if Tenent for term of life, or tenant for term of years bring an action: he in the reversion cometh in, and prayeth to be received to defend the land, and to plead with the Demandant. Many more you may have in Brook, titulo, Resceite. fol. 205. See Perkins Dower. 448. ●eceit is also applied to an admittance of plea, though the controversy be but between two only. Brooke estoppel. in many places.  
Resceyt of homage, is a relative to doing homage, for as the Tenent, who oweth homage, doth it at his admission to the land: so the Lord receiveth it. Kitchen fol. 148. See Homage.  
Rescous (Rescussus) cometh of the French (Rescourre se Rescourre du danger. i. asserere se ab iniuria) It signifieth in our common law a resistance against a lawful authority: as for example, if a Bailiff, or other officer upon a writ do arrest a man, and another (one or more) by violence do take him away, or procure his escape: this act is called, a Rescus Cassanaeus in his book de consuetud. Burg. hath the same word coupled with (resistentia) fol. 294. whereby it appeareth, that other nations do use this word in the same signification that we do, or the very like. It is also used for a writ, which lieth for this act called in our lawyers latin (Breve de rescussu) whereof you may see both the form and use in Fitzh. nat. br. fol. 101. and the register original: fol: 125. See the new book of Entries. verbo rescous. This rescous in some cases is treason, and in some felony. Crompton. justice fol: 54. b.  
Reseiser (reseisire) is a taking again of lands into the King's hands, whereof a general livery, or ouster le main was formerly missued by any person or persons, and not according to form and order of law. Of this see Stawnf. praeroga: 26. where it is handled at large. See resumption.  
Resiance (resiantia) seemeth to come of the French (rasseoir, see Rasseoir. i. residere) and signifieth a man's abode or continuance in a place. Old nat: br. fo. 85. whence also cometh the participle (resiant) that is continually dwelling, or abiding in a place. Kitchen, fol. 33. It is all one in truth with Residence, but that custom of speech tieth that only to persons ecclesiastical.  
Reservation, signifieth that rent or service which the granter in any grant tieth the grantee to perform unto him, or them, or the Lord Paramonte. Perkins reservations: per totum.  
Residence (residentia) cometh of the Latin (residere) and is peculiarly used both in the Canon and Common law, for the continuance or abode of a Parson or Vicar upon his benefice. The default whereof (except the party be qualified, and dispensed with) is the loss of ten pounds for every month, anno 28. Henr. 8. cap. 13.  
Resignation (resignatio) is used particularly for the giving up of a Benefice into the hands of the Ordinary, otherwise called of the Canonists (renunciatio.) And though it signify all one in nature with the word (Surrender) yet it is by use more restrained to the yielding up of a spiritual living, into the hands of the Ordinary, and Surrender to the giving up of temporal lands into the hands of the Lord. And a resignation may now be made into the hands of the King, as well as of the Diocesan, because he hath supremam authoritatem Ecclesiasticam, as the Pope had in time past. Plowden. casu Grendon. fol. 498. a.  
Resort, is a word used properly in a writ of ail, or cozenage, as descent is in a writ of right. Ingham.  
Respectu computi Vice-comitis habendo, is a writ for the respiting of a shreeves account upon just occasion, directed to the Treasurer and Barons of the Exchequer. Register fol. 139 & 279.  
Respite of homage, (respectus homagii) is the forbearing of homage, which ought first of all to be performed by the tenant, that holdeth by homage. Which respite may be occasioned upon divers good reasons: but it hath the most frequent use in such as hold by Knight's service in capite: who because the Prince cannot be at leisure to take their homage, do pay into the Exchequer, at certain times in the year, some small sum of money to be respighted, until the Prince may be at leisure to take it in person.  
Responsions (responsiones) seem to be a word used properly and especially by the knights of S. john of jerusaiem, for certain accounts made unto them by such as occupied their lands or stocks. anno 32. H. 8. cap. 24.  
Responsalis, is he that cometh for another at the day assigned for his appearance in Court, Bracton. Fleta seemeth to make a difference between atturn atum, essoniatorem & responsalem, lib. 6. cap. 11. §. Officium: as if essoniator came only to allege the cause of the party's absence, be he the demandant or tenant, and responsalis came for the tenant not only to excuse his absence, but also to signify what trial he meant to undergo, viz. the combat or the country. lib. 6. cap. 11. §. Si autem. A man in ancient time could not appoint an Attorney for him, without warrant from the king. Fleta, eodem cap. 13. in fine. See Attorney. This word is used in the Canon law, Et significat procuratorem vel eum qui absentem excusat. cap. cum olim propter. extra. de rescript.  
Restitution (restitutio) is a yielding up again of any thing unlawfully taken from another. It is used in the common law, most notoriously for the setting him in possession of lands or tenements, that hath been unlawfully disseised of them, which when it is to be done, and when not, see Cromptons' justice of peace. fol. 144. b. etc. usque 149.  
Restitutione extracti ab Ecclesia, is a writ to restore a man to the Church, which he had recovered for his sanctuary being suspected of felony. Register ori. fol. 69. a.  
Restitutione temporalium, is a writ that lieth in case, where a man being elected, and confirmed Bishop of any Diocese, and hath the Prince's royal assent thereunto, for the recovery of the temporalities, or Barony of the said Bishopric with the appurtenances. And it is directed from the King to the Escheatour of the County, the form whereof you have in the Regist. origin. fol. 294. and in Fitz. nat. br. fol. 169. Where you may read also, that it lieth for those Abbots and Priors newly elected and confirmed, that were of the king's foundation.  
Resummons (resummonitio) is compounded twice, that is, of re, sub, and Moneo: and signifieth a second summons and calling of a man to answer an action, where the first summons is defeated by any occasion, as the death of the party, or such like. Brook tit. See Resummons. fol. 214. See of these four sorts, according to the four divers cases in the Table of the Register judicial. fol. 1. See also the new book of Entries, verbo. Reattachement, & Resummons.  
Resumption (resumptio) is particularly used for the taking again into the King's hands, such land or tenements, as before upon false suggestion, or other error, he had delivered to the heir, or granted by letters patents to any man. Brook, titulo Repellance, & Resumption. fol. 298. Thus it is applied, anno 31. H. 6. cap. 7. See Reseiser.  
Retainer, cometh of the French (retenir. i. detinere, retinere) It signifieth in the common law, a servant not menial nor familiar, that is not continually dwelling in the house of his Lord or Master, but only using, or bearing his name, or livery. This livery was wont to consist of hats (otherwise hoods) badges, and other suits of one garment by the year. anno pri: R. 2. cap. 7. These were taken by great Lords, many times upon purpose of maintenance, and quarrels, and therefore they have been justly, for the better freedom of law, forbidden by many statutes: as namely by anno pri: R. 2. cap. 7. upon pain of imprisonment, and grievous forfeiture to the King: and again anno 16 eiusd. cap. 4. & anno 20. eiusedem, cap. 1. & 2. and anno pri. H. 4. cap. 7. by the which the Lords offending herein should make ransom at the Kings will, and any Knight or Esquire hereof duly attainted, should lose his said Livery, and forfeit his see for ever; and any yeoman wearing the Livery of the King, or other Lord, should be imprisoned, and make ransom at the Kings will, only some few excepted in the said statute: which statute is farther confirmed, and explained anno 2. H. 4. cap. 21. & an. 7. eiusd. cap. 14. & anno 13. eiusd. cap. 3. & anno 8. H. 6. ca 4. And yet this offence was so deeply rooted, that Edward the fourth was driven to confirm the former statutes, and farther to extend the meaning of them, as appear by the statute made anno 8. Ed. 4. cap. 2. adding an especial pain of five pounds to every man that giveth such Livery, and as much to every one so retained, either by writing, oath, or promise, for every month. Yet is not this fault so well looked unto, but that there is need of more pregnant laws for the redress thereof, or at the lest better execution of those, that be already made. These be by the Feudists called (affidati.) Sic enim dicuntur, qui in alicuius fidem & tutelam recepti sunt. Neapol. constitu. li. 3. titulo 7. And as our retainers are here forbidden: so are those (affidati) in other countries.  
Retraxit, is an exception against one that formerly commenced an action, and withdrew it, or was nonsuit before trial. Brooke. titulo. Departure in despite, & Retraxit. fol. 216. See also the new book of Entries: verbo Deperter & verbo retrar it.  
Return (returna) cometh of the French (retour. i. reditio, reversio, recursus) and in our common law, hath two particular applycations, as namely the return of a writ by Shyreeves, and Bailiffs, which is nothing but a certificate made to the Court, whereunto the writ directeth him, of that which he hath done, touching the serving of the same writ. And this among the Civilians is called Certificatorium. Of returns in this signification, speak the statutes of Westm. 2. cap. 39 anno 13. Ed. prim. and Tractatus contra Vice-comites & Clericos, with divers other, collected by Rastal, titulo Return of Shyreeves. So is the return of an office, Stawnf. prarog. fol. 70. a certificate into the court, of that which is done by virtue of his office: See the Statutes of days in bank. anno 51. H. 3. & anno 32. H. 8. cap. 21. And in this signification Hilary term is said to have 4. returns. viz. Octabis Hilarii, Quindena Hilarii, crastino Purificationis, Octabis Purificationis: and Easter term to have 5. returns, viz. Quindena paschae, Tres paschae, mense paschae, Quinque pasche, & crastino Ascensionis. And Trinity term 4. returns. i. Crastino Trinitatis, Octabis Trinitatis, Quindena Trinitatis, Tres Trinitatis. And Michaelmas Term 8. returns. sc. Octabis Michaelis, Quindena Michaelis, Tres Michaelis, Mense Michaelis, Crastino animarum, Crastino Martini, Octabis Martini, Quindena Martini.  
The other application of this word is in case of Replevy. For if a man distrain cattles for rent, etc. And afterward justify or avow his act, that it be found lawful, the cattles before delivered unto him that was distrained upon security given to follow the action, shall now be returned to him, that distrained them. Brooke, titulo Return d'auers & hommes. fol. 218. you shall find this word often used in Fitzh. nat: br. as appeareth in the word Return in his table: but in all those places it hath the one or the other of these two significations.  
Returno habendo, is a writ, which lieth for him that hath avowed a distress made of cattles, and proved his distress to be lawfully taken for the return of the cattles distrained unto him, which before were explevied by the party distrained, upon surety given to persiew the action. Terms of law, verbo Replevin.  
Returnum averiorum, is a writ judicial, granted to one impleaded for taking the cattle of another, & unjust detaining of them contra vadium & plegios, and appearing upon summons is dismissed without day, by reaso● that the plaintiff maketh default, and it lieth for the return of the cattle unto the Defendant, whereby he was summoned, or which were taken for the security of his appearance upon the summons. Register judicial. fol. 4. a.  
Returnum irreplegiabile, is a writ judicial sent out of the common pleas to the shreeve, for the final restitution or return of cattles to the owner, unjustly taken by another as damage seisant, and so found by the jury before justices of Assize in the County. For which see the Register judicial fo. 27. a. b.  
reave, aliâs grieve (Praefectus) is made of Gerefa the Saxon word for a governor. Lamb: explica: of Saxon words, verb. Profectus, and that by rejecting the first syllable, which (he saith) among the Saxons is usual. It signifieth in our common law, the Bailiff of a Fraunchis or manner, and especially in the West parts. Of this you may see kitchen. fol. 43. See grieve. See shreeve. See also of this word M. Verstigan in his restitution of decayed intelligence. cap: 10. speaking much to the same effect.  
Revels, seemeth to be derived from the French word (Reveiller. i. excitari, vel expergefieri) It signifieth with us sports of dancing, masking, comedies, tragedies, and such like used in the King's house, the houses of court or of other great personages. The reason whereof is, because they are most used by night, when otherwise men commonly sleep, and be at rest. In the King's house there is an officer called the Master of these Revils, who hath the ordering, and dispositions of these pastimes in the court.  
revenue, is a French word, signifying as much as Reditio, Reversio, Reditus. It signifieth properly the yearly rent that groweth to every man from his lands and possessions.  
Reversion (Reversio) signifieth in the common law, a possibility reserved to a man's self and his heirs, to have again lands or tenements made over conditionally unto others, upon the defect or failing of such condition. The difference between a Remainder, and a Reversion is, that a Remainder is general, and may be to any man but to him that granteth, or conveyeth the land, etc. for term of life only or otherwise: a Reversion is to himself from whom the conveyance of the land, etc. proceeded, and commonly perpetual, as to his heirs also, Litleton, fol. 112. in fine. See Cook lib. 2. Sir. Hugh Cholmleis case, fol. 51. a. And yet a Reversion is sometime confounded with a remainder. Cook li. 2. Tookers' case, fol. 67. b. Plowden, casu Hill. fol. 170. b. what this word Reversion in a deed doth carry. See Litleton lib. 2. ca 12.  
Revocation (Revocatio) is the calling back of a thing granted. Of these you have divers in the Register original, as Revovocationem brevis de audiendo & terminando. fol. 124. Revocationem praesentationis. fol. 304 & 305. Revocationem protectionis, fol. 23. Revocationem specialium Iusticiariorum quia, etc. fol. 205.  
Reviving, is a word metaphorically applied to rents and actions and signifieth a renewing of them, after they be extinguished: no less then if a man, or other living creature should be dead, and restored to life. See divers examples in Brook titulo. Reviving of rents, actions, etc. fol 223.  
Rewardum. See Regard.  
Reweye. anno. 43. Elizab. cap. 10.  
Rye, is a Saxon word signifying as much as Regnum, in Latin. Camd. Britan. pag. 346.  
Riens pass pearl fait, is a form of an exception taken in some cases to an action. See Brooke titulo Estaunger all fait or Record.  
Riens dans le guard, was a challenge to a jury, or inquest within London. for that four sufficient men of livelihood to the yearly value of forty shillings above all charges, within the same City, and dwelling and having within the same ward, wear not impanelled therein. But it is abrogated by the statute. anno 7. H. 7. cap. 4.  
Rier county (Retrocomitatus) seemeth to come of the French (Arriere. i. posterior) and in the statute. anno 2. Ed. 3. cap. 5 is opposite to the open county And by comparison of that statute with Westm. 2. cap. 38. it appeareth to be some public place, which the shreeve appointeth for the receipt of the king's money after the end of his County. Fleta saith that it is dies crastinus. post comitatum. lib. 2. cap. 67. §. Quia justiciarii.  
Right Rectum. See Recto.  
Ridings, be the names of the parts or divisions of York shire, being three in number. viz. West riding, East riding, and North riding. Camd. Britan. pag. 530. This word is mentioned in the statute, anno 22. H. 8. cap. 5. & 23. H. 8. cap. 18. and M. West. part 2. symbol. titulo Inditements saith, that in Inditements within that County, it is requisite that the town, and the Riding be expressed. sect. 70. Q.  
Right in the Court. anno 6. R. 2. stat. 1. cap. 12. See Rectus in Curia.  
Ringhead, anno 43. Elizab. cap. 10.  
Riot (Riottum) cometh of the French (Rioter. 〈…〉 rixari.) It signifieth in our common law, the forcible doing of an unlawful act, by three or more persons assembled together for that purpose. Westm. part. 2. symbol. titulo, Inditements. sect. 65. P. The differences and agreements between a Riot, a Rout, and unlawful assembly. See in M. Lamb. Eirenarcha. lib. 2. cap. 5. etc. See the statute. 1. M. 1. cap. 12. & kitchen. fol. 19 who giveth these examples of Riots: the breach of enclosures, or banks or conduits, parks, pounds, houses, barns, the burning of stacks of corn. M. Lamberd ubi supra. useth these examples: to beat a man, to enter upon a possession forcibly, See rout. and unlawful assembly. See also Cromptons' justice of peace divers cases of Riots, etc. fol. 53. See Trihings.  
Ripiers (Riparii) be those that use to bring fish from the sea coast to the inner parts of the land. Camd. Britan. pag. 234. It is a word made of the latin (Ripa).  
Rise (oriza) is a kind of corn growing in Spain, Asia, and India, with the which both good foodes and medicines be made. whereof if you desire farther knowledge, read Gerard's herbal. lib. 1. cap. 52. This is mentioned among merchandise to be garbled in the statute. anno 1. jaco. cap. 19  
Roag (Rogus) seemeth to come of the French (Rogue. i. arrogans) It signifieth with us an idle sturdy beggar, that wandering from place to place without passport, after he hath been by justices bestowed upon some certain place of abode, or offered to be bestowed, is condemned to be so called. who for the first offence, is called a Roag of the first degree, and punished by whipping, and boring through the grissel of the right ear with a hot iron an inch in compass: & for the second offence, is called a Roag of the second degree, and put to death as a fellow, if he be above 18. years old. See the statute, anno 14. Elizab. cap. 5. & 18. eiusdem, cap. 3. & anno 36. cap. 17. If you will know who be Rogues, and to be punished as Rogues by law, Read Lamberds Eirenarcha. lib. 4. cap. 4. See Rout.  
Robbery (Robaria) cometh of the French (Rob. 1. vestis) and in our common law, a felonious taking away of another man's goods from his person or presence, against his will, putting him in fear, and of purpose to steal the same goods. West. part 2. symbol. titulo Indictments, sect. 60. This is sometime called violent theft. Idem, eodem. which is felony for two pence. Kitchen fol. 26. and 22. lib. Assis. 39 Robaria is a word used also in other nations, as appeareth by the annotations upon Mathaeus de Afflictis, descis. 82. nu. 6. pag. 122. See Skene verbo Reif. libro de verbo significat. See Cromp. justice of peace. f. 30. b.  
Roberdsmen, anno 5. Ed. 3. cap. 14. & anno 7. R. 2. cap. 5. M. Lamb. interpreteth them to be mighty thieves. Eironarch. lib. 2. cap. 6. pag. 190.  
Rodknights, aliâs Radknights, are certain servitors, which hold their lands by serving their Lord on horseback. Bracton lib. 2. cap. 36. nu. 6. faith of them, debent equitare cum Domino suo de manerio in manerium. vel cum Domini uxore. Fleta. lib. 3. cap. 14. §. Continetur.  
rod (Pertica) is otherwise called a perch, and is a measure of 16. foot and an half long, and in Stafford Shire 20. foot, to measure land with. See ●earch.  
Rofe tile, aliât Crest tile, is that tile which is made to lay upon the rudge of the house. anno 17. Ed. 4. cap. 4.  
Rogation week (dies rogationum) is a time well known to all, being otherwise called Gang week. The reason why it is so termed, is because of the especial devotion of prayer and fasting, then enjoined by the Church to all men, for a preparative to the joyful remembrance of Christ's glorious ascension, and the descension of the holy Ghost, in the form of cloven tongues shortly after. And in that respect the solemnisation of carnal matrimony is forbidden from the first day of the said week, until Trinity Sunday. See advent.  
Rood of land (Roda terrae) is a certain quantity of land being the fourth part of an acre. ann. 5. Eliz. ca 5. See Perch.  
Roll, aliâs Roll (Rotulum) cometh of the French (Rouler. i. volvere, pervolvere, rotare) whence also is the French (Role ou Roll. i. volumen, catalogus, Codex) It signifieth with us a schedule of paper, or parchment turned, or wound up with the hand to the fashion of a pipe. So is it used in Stawnf. pleas of the Crown, fol. 11. The chequer roll of the king's house, out of the statute anno 3. H. 7. cap. 13. which signifieth nothing but the catalogue, wherein the names of the King's household servants are set down. And anno 5. Rich. 2. cap. 14. stat. pri: there is mention made of the great roll of the Exchequer which seemeth otherwise to be called the pipe. The Rolls is also a place destinated by Ed. 3. to the the keeping of the Rolls, or Records of the Chancery situate between the two Temples in London. Camd: Britan: pag. 321. the Master whereof is the second man in Chancery, and in the absence of the Lord Chancellor, or Keeper, sitteth as judge, being commonly called the Master of the Rolls. See Master of the Rolls.  
Romescot, is compounded of Rome, and Scot, as you would say, the tribute due to Rome: it is called by Mathaeus Westmonasteriensis, Consuetudo Apostolica, à qua, neque Rex, neque Archiepiscopus, vel Episcopus, Abbas, vel Prior, aut quilibet in regno immunis erat: and was first granted by Offa a Saxon King. Camd. Britan. pag. 306. See Peter pence: and Roger Hoveden part poster. suorum annalium. fol. 344. a. in Henrico secundo.  
Roundlet, is a certain measure of wine, oil, etc. containing 18. gallons and a half, anno 1. R. 3. cap. 13.  
rout (Routa) is a French word signifying a company, or flock: as (une grand rout de gents, on de cerfs. i. grex hominum, longa ceruorum series.) It signifieth in our common law, an assembly of three people or more, going on about forcibly to commit an unlawful act, but yet do it not, Westm. part 2. sym. titulo Indictments. sect. 65. o. M. Lamberd thus saith of it: A Rout is the same, which the Germans yet call Rotsie, meaning a band or great company of men gathered together, and going about to execute, or executing indeed, any riot or unlawful act: and (saith more) it is said properly of the multitude that assembleth themselves in such disorderly sort, for their common quarrels. As if the inhabitants of a towneship do assemble to pull down a hedge, or pale, to have their common, where they ought to have none, or to beat a man, that hath done them some public offence or displeasure. But the statute of 18. Ed. 3. stat. prim. cap. unico. which giveth process of outlawry against such as bring routs into the presence of the justices, or in affray of the people, and the Statute of 2. Rich. 2. cap. 6. that speaketh of riding in great routs to make entry into lands, and to beat others, and to take their wives, etc. do seem to understand it more largely. And it is a rout, whether they put their purpose in execution or no: if so be, that they do go, ride, or move forward after their meeting. Broke, titulo Riot. 4. & 5. So (as it seemeth) a rout should be a special kind of unlawful assembly: and a riot the disorderly fact committed generally by any unlawful assembly. Howsoever it be, two things are common both to Riot, rout, and unlawful assembly: the one, that three persons at the least be gathered together: for so it is commonly taken at this day, as I have learned: the other, that they being together, do breed disturbance of the peace, either by signification of speech, show of armour, turbulent gesture, or actual and express violence: so that either the peaceable sort of men be unquieted, and feared by the fact, or the lighter sort, and busy bodies emboldened by the example. Thus far M. Lamberd in his Eirenarcha. lib. 2. cap. 5. etc. Where you may read more worth the noting, though too long to be copied out. See Riot, and Unlawful assembly. Kitchen giveth the same definition of a Rout, fol. 20.  
Rowing of clothes anno 27. H. 8. cap. 13.  
Royal assent (regius assensus) is that approbation which the King giveth to a thing formerly done by others: as to the election of a Bishop by Deane and Chapter. Which given, than he sendeth an especial writ to some person for the taking of his fealty. The form of which writ you may see in Fitz. nat. br. fol. 170. C. And also to a bill passed by both the Houses of Parliament. Cromptons' juris. fol. 8. which assent being once given, the bill is endorsed with these words: Le Roy veult, i. it pleaseth the King. If he refuse to agree unto it, than thus: Le roy advisera. 1. the King will yet think of it. See Parliament.  
Royalties (regalia vel regalitates) be the rights of the King. jura Regis. Hotoman in verbis feudal: verbo. Regum Feudistae. And so are they understood of us likewise, who otherwise call them the King's prerogative. See Prerogative. And some of these be such as the King may grant unto common persous, some so high, as may not be separated from his own Crown privatiuè as the Civilians term it, though cumulatiuè he may. See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Samuel. cap. 8. but these generalities be specified more at large by those Lawyers that write of this point. Among whom I especially commend Mathaeum de Afflictis upon the title of the Feuds. Quae sint regalia. being the 33. title of the third book, as some divide them, but according to others the 56. of the second book: where be named in the text 25. specialties of Royalties. See also Hotomans Commentaries in lib. 2. Feudor. cap. 56.  
Rogue cross. See Herald.  
Rudge washed Kersey. i. made of fleece wool washed only on the sheeps back. anno 35. Eliz. cap. 10.   

S  
SAbles. See Fur.  
Sac (sacha vel Sacca) is a Royalty or privilege touching plea, and correction of trespasses of men within a manner. Rastal, titulo expos: of words: where he addeth this reason: because (saith he) Sac in english is (Encheson) in French: as to say, for sick, sack, pour quel encheason. i. for what hurt. That which our common lawyers call (encheason) the true French man termeth (Achoise. i. occasionem) as (Achoise fort grand, occasio ampla) or else may encheson come of (Encheoir. i. incidere) which we in english call an accident, or incident. But all this is far enough from (sac) and from the interpretation thereof, as it is a liberty or privilege. Bracton hath the word, as Stawnford noteth out of him, pl. cor: li. pri: cap: 23. but neither of them both do particularly interpret it. Bractons' words be these lib. 3. tract. 2. cap. 8. vel si sit aliquis qui de concessione Domini Regis talem habeat libertatem (sicut sock & sack, Tolnetum, Team, Infang thief, & Hutfanghhefe) qui inventus fuerit seisitus de alique latrocmio, sicut Hondhabende & Backberend, tales habent regalem potestatem: & unde qui tales libertates habent, habebunt prisonam suam de talibus, quia possunt tales in Curia sua judicare. Of the which matter he speaketh also in lib. 2. cap. 24. nu. 2. & 3. and again lib. 3. tracta. 2. cap. 35. But in none of these places he giveth any interpretation of the word. Saxon in his description of England defineth Sack to be a forfeiture, as doth Rastall ubi supra. fol, 132. M. Camden in his Britain: pag. 415. speaking of Lincoln. hath these words: Eduardo Confessore regnant, erant (ex censuali libro loquor) 1070. mansiones hospitalae, & duodecim Lageman habentes socam & sacam. To all these add Bracton, lib. 2. cap. 5. where he writeth thus. Sunt & aliaeres quasi sacrae, quae personam Regis respiciunt, & aliquando transferri non possunt, nisi justiciariis Domini Rogis, sicut visus Franciplegii, placita de vetito nannio, emendatio transgressionis Assisarum, judicium latronum, sicut de illis qui habent sock & sack, & huiusmodi omnia, quae pertinent ad pacem, & per consequens ad Coronam. I am informed, that the word (sack) in the Saxon tongue doth properly signify so much as (causa) with the Latins: whence we in English have the word (sake) as (for whose sake.) M. Skene de verbor. signif. verbo, Sack, writeth thus. In some old books it is called placitum & emenda de transgressione hominum in Curia nostra. In the laws of king Edward set forth by M. Lamberd, fol. 132. it is written, (Sacha) Sacha autem est, si quilibet aliquen nomin atim de aliquo calumniatus fuerit, & ille negaverit, foris factura probationis vel negationis, (si evenerit) sua erit. Which may be called the amercement paid by him, who denieth that thing, which is proved against him to be true, or affirmeth that thing, the contrary whereof is true. Thus far M. Skene. Fleta of this hath these words: Sake significat acquietantiam de secta ad Comitatum, & Hundredum. lib. pri. cap. 47. §. Sake. But by all those I find not any reason of the word, that is, why this liberty should be so called, and therefore I must leave it to better Antiquaries or Linguists. see Rog. H. part. poster. suorum annalium. f. 345.  
Saccus cum brochia, seemeth to be a service of finding a sack and a broach to the King by virtue of a tenure, for the use of his army. Bract. li. 2. c. 16. n. 6.  
Sack of wool, (saccus laenae) is a quantity of wool, that containeth 26. stone, and a stone, fourteen pounds, anno 14. Ed. 3. stat. 1. cap. 21. See Sarplar.  
Sacramento recipiendo, quòd vidua Regis se non maritabit sine licentia Regis, is a writ or commission to one for the taking of an oath of the King's widow, that she shall not marry without the King's licence. Register original, fol. 298. a.  
Safe conduct. See Saulf conduct.  
Salus, is a coin of gold stamped by king Henry the sixth in France, which only come, with another of Blanes of eight pence a piece, was current in those places of France, where King Henry was obeyed. Stows Annals, pag. 586.  
Safe pledge (Salvus plegius) is a surety given for a man's appearance against a day assigned, Bracton lib. 4. cap. 2. nu. 2. where it is also called certus plegius.  
Sailing ware. anno prim. R. 3. cap. 8.  
Sak. See Sac.  
Sakebere, in Britton cap. 15. & 29. seemeth to be he that is robbed, or by theft deprived of his goods: with whom Bracton also agreeth, lib. 3. tracta. 2. cap. 32. nu. 2. in these words: Furtum vero manifestum est, ubi latro deprehensus sit feisitus de aliquo latrocini o. sc. Hondhabende, & Backberend, & insecutus fuerit per aliquem, cuius res illa fuerit. qui dicitur Sacaburthe, etc. or Sathaber, as Stawnford calleth it, pl. cor. lib. pri. cap. 21. The interpretation of this word I find not. Only M. Skene de verb. interpretatione. verbo. (Sacreborgh) thinketh it should rather be written. Sickerborgh, of (Sicker. i. Securus) and (Borgh. i. plegius) signifying a sure cautioner or surety which one findeth to another for theft, or slaughter: whereof he offereth to accuse him judicially. For in this case it behoveth the persiewer to oblige, or bind himself into the hands of the officer, or before a judge competent with Sicker borgh, or sure caution, that he will persiew in form of law. And by this means it may be, that the accuser was wont with us to be called Sakberes of a circumstance, because in this case he was surely bound to persiew. Sycker is also an old english word, signifying as much as sure, secure, or certain, and see borrow.  
Salet, is a headpiece. anno 4. & 5. Phillip & Mar. it seemeth to come from the French (Salut. i. Salus).  
Salmon sewse, seemeth to be the young fry of Salmon, quasi salmon issue. anno 13. R. 3. stat. pri. cap. 19  
Salva Gardia, is a security given by the King to a stranger, fearing the violence of some of his subjects, for seeking his right by course of law: the form whereof see in the Register original. fol. 26. a. b.  
Sanctuary (Sanctuarium) is a place privileged by the prince, for the safeguard of men's lives, that are offenders, being founded upon the law of mercy, and upon the great reverence, honour, and devotion, which the Prince beareth to the place, whereunto he granteth such a privilege. Of this you may read a sufficient treatis in Stawnf. pl. cor. lib. 2. cap. 38. This seemeth to have taken beginning from the Cities of refuge, which Moses appointed them to fly unto for safeguard of their lives, that had by casualty slain a man. Exodus, cap. 21. In bastardly imitation whereof, first the Athenians, than Romulus erected such a place of immunity, which they, & he after them called Ayslum. Polidor: Virg: de inuentione rerum, lib. 3. cap. 12. The Emperors of Rome made the places of their own statues or Images, a place of refuge, as appeareth. Cod. lib. 1. titulo 15. De iis qui ad statuas confugiunt: as also the Churches: eodem, titulo 12. De iis qui ad ecclesias confugiunt, etc. But among all other nations, our ancient Kings of England seem to have attributed most to these Sanctuaries, permitting them to shelter such, as had committed both felonies, and treasons, so that within forty days they acknowledged their fault, and so submitted themselves to banishment: during which time, if any man expelled them, if he were lay, he was excommunicated, if a Clerk, he was made irregular. But after forty days no man might relieve them. Stawnf. ubi supra. See of this the new book of Entries: verb Sanctuary: and Fleta: lib. 1. cap. 29. And how by degrees they have been taken away, you may read partly in him, and partly in the statutes. a. 26. H. 8. ca 13. & anno 28. eiusdem, ca 7. & anno 32. eiusd. ca 12. & anno 33. eiusdem, cap. 15. & anno pri: Ed. 6. cap. 12. & ann. 2. eiusdem, cap. 2. & cap. 33. & anno 5. eiusdem, cap. 10. See Abjuration.  
Salary (salarium) is a recompense or consideration made to any man for his pains or industry bestowed upon another man's business. So called, as Pliny saith, qui tam necessarium quam sal homini. The word you have anno. 23. Ed. 3. ca pri.  
Salmon pipe, anno 25. H. 8. cap. 7. is an engine to catch Salmon and such like fish.  
Sandall, anno 2. Rich. 2. cap. 1. is a merchandise brought into England. And it seemeth to be a kind of wood brought out of India. For (Sandal) in French so signifieth, and in latin it is called Santalum.  
Sarcling time, or time of sarcling. Seemeth to be all one with hay seal. Or the time when the country man weedeth his corn. And it proceedeth from the latin sarculare, to rake or weed. Or from the French (Sarcler) which hath all one signification.  
Sarpler (Sarplera lanae) is a quantity of will. This in Scotland is called Serplathe, and containeth fourscore stone, for the Lords in the counsel in anno 1527. decreed four serpliathes of packed wool to contain 16. score stone of will, by the traffic of Merchants now used. The Merchant's use to fraught for their goods to Flaunders, by the Sack, to France, Spain, and England, by the Tun, and to Dansken and the Easter seas, by the Serplianthe. Skene de verbo. significatione, verbo. Serpliathe. with us in England a load of wool (as I have been informed) consisteth of 80. todde, each todde consisting of two stone, and each stone of 14. pound. And that a Sack of wool is in common account equal with a load: and a Sarpler (otherwise called a pocket) is half a Sack. Further that a pack of wool is a horse load, which consisteth of 17. stone. two pounds. Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the penny sterling, which weigheth 32. wheat corns of the middle sort. and that 2. of those pence make an ounce, and 12. ounces a pound in weight, or 20. shillings in number, and that 8. pound of wheat maketh a ialon or a galon as we now call it, and eight galons a bushel, and 8. bushels a common quarter. Also that 15. ounces of the quantity aforesaid do make a merchant's pound. And that 12. such pound and a half, make a stone, and that 14. stone make a weigh, and that two weighs or 28. stone, make a sack of wool, which ought to weigh a quarter of wheat, and that 12. sacks make a last. So that a weigh, and a sarpler seemeth to be all one, but that the sarpler is the case, and the weigh respecteth the quantity of the wool itself: And that a load and a sack is all one.  
Saunkfin, is a pharse used by Britton. cap. 119. for the determination, or final end, of the lineal race, or descent of a kindred. It seemeth to come from the French (Sang. i sanguis) and Fine. i. finitus.)  
Saver de default, is word for word, to excuse a default. This is properly, when a man having made default in court, cometh afterward and allegeth good cause, why he did it, as imprisonment at the same time, or such like. New book of Entries. verbo. Saver de default.  
safe conduct (Salvus conductus) is a security given by the Prince, under the broad seal to a stranger, for his quiet coming in and passing out of the Realm, touching which you may see the statutes. anno 15. H. 6. cap. 3. & anno 18. eiusdem. ca 18. & anno 28. H. 8. cap. pri. The form of this see in the Register original, fol. 25.  
Stawnford, was a man very learned in the common laws of the land, wherein he wrote 2. books one termed the pleas of the Crown, the other the Prince's prerogative. He flourished in the days of Ed. the sixth, and of Queen Mary, being in Queen Mary's days a judge, and knighted.  
Scandalum Magnatum, is the especial name of a wrong done to any high parsonage of the land, as Prelates, Dukes, Earls, Barons, and other Nobles: and also of the chancellor, treasurer, clerk of the privy seal, steward of the king's house, justice, of the one bench or of the other, & other great officers of the realm, by false news: or horrible & false messages, whereby debates and discords betwixt them and the commons, or any scandal to their persons might arise. anno 2. R. 2. cap. 5.  
Scavage, otherwise called Shewage is a kind of tolle, or custom exacted by Majors, Shyreeve, and Bailiffs of Cities and Borough towns, of Merchants for wares showed to be sold within their precincts, which is forbidden by the statute. anno 19 H. 7. cap. 8. It cometh of the Saxon word (Sceawe) to behold or view, or to show. whence is the word (Sceaw-stowe) a theatre or show place, a beholding place. M. Verstegan in his restitution of decayed intelligences. litera S.  
Scire facias, is a writ judicial, most commonly to call a man to show cause unto the Court, whence it is sent, why execution of a judgement passed, should not be made. This writ is not granted before a year and a day be passed after the judgement given, old nat. br. fol. 151. Scire facias upon a fine, lieth after a year and a day from the fine levied. Otherwise it is all one with the writ hababere facias seisinam. West. part. 2. simb. titulo fines, sect. 137. See an. 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39 Eliz. cap. 7. The Register original and judicial also in the table showeth many other diversities of this writ, which read. See also the new book of Entries. verb. Scire facias.  
Scyra. Camd. Britan. pag. 103. & 544. See Shire.  
Scot, seemeth to come of the French (eseot. i. symbolum) Rastall saith it is a certain custom, or common tallage made to the use of the shreeve, or his Bailiffs. Saxon in his description of England. cap. 11. saith thus: Scot a gadering to work of Bails: what he meaneth God knoweth I think the place is corruptly printed. Scot (saith M. Camden out of matthew of Westm:) illud dicitur, quod ex diversisrebus in unum aceruum aggregatur. In the laws of William the Conqueror, set forth by M. Lamberd: fol. 125. you have these words, Et omnis Francigena, qui tempore Edwardi propinqui nostri fuit in Anglia, particeps consuetudinum Anglorum, quod dicunt one hlote, & ave scot persol●antur secundum legem Anglorum.  
Scot and Lot. anno 33. H. 8. ca 19 signifieth a custumary contribution laid upon all subjects after their ability. Roger Hoveden writeth it Aulote & Auscote, in principio Henrici secundi.  
Scotall (Scotalla) is a word used in the Charter of the Forest. ca 7. in these words, as Pupilla oculi hath them, part 5. cap. 22. Nullus Forestarius vel Bedellus, faciat Scotallas, vel garbas colligat, vel aliquam collectam faciat. etc. M. Manwood part pri. of his Forest laws. pag. 216. thus defineth it. A Scotall is where any officer of the Forest doth keep an alehouse within the Forest, by colour of his office, causing men to come to his house, and there to spend their money, for sear of having displeasure. It seemeth to be compounded of Scot and Ale.  
Scutagio habendo, is a writ that lieth for the King or other Lord against the Tenent, that holdeth by knight's service, (wherein homage, fealty, and escuage be contained) being to make a voyage to war against the Scots, or French men. For in those cases, this writ issueth out to all such tenants to serve by themselves, or a sufficient man in their place, or else to pay, etc. See Fitzh. nat. br. fol. 83. It is used in the Register original, for him to recover escuage of others, that hath either by service or fine performed his own to the King. fo. 88 a.  
Sealer (Sigillator) is an officer in Chancery, whose duty is to seal the writs and instruments there made.  
Scene fish, anno 1. jacob. ses. 1. cap. 25. Sea ne fish, ibidem, seemeth to be that fish which is taken with a very great and long net called a scene.  
Second deliverance (Secunda deliberatione) is a writ that lieth for him who after a return of cattle replevied adjudged to him that distrained them, by reason of a default in the party that replevied, for the replevying of the same cattles again, upon security put in for the redelivery of them, if in case the distress be justified. New book of Entries. verbo, Replevin in second deliverance. fol. 522. col. 2. v. Dyer fol. 41. n. 4. 5.  
Secta ad Curiam, is a writ that lieth against him, who refuseth to perform his suit either to the County, or Court Baron. Fitz. nat. br. fol. 158.  
Secta facienda per illum qui habet eniciam partem, is a writ to compel the heir that hath the elders part of the cobeires, to perform service for all the coparceners, Regist. origin. f. 177. a.  
Secta molendini, is a writ lying against him, that hath used to grind at the mill of B. and after goeth to another mill with his corn. Register origin. fol. 153. Fitz. nat. br. fol. 122. But it seemeth by him, that this writ lieth especially for the Lord against his frank Tenants, who hold of him by making suit to his mill, eodem. See the new book of Entries. verbo Secta ad molendinum. By likelihood this service is also in France. For Balduinui ad titulum de servitutibus pradiorum, in Institut. hath these words: Bannalis mola nova & barbarae servitutis species est, qua hody passim rustici coguntur una mola, quam bannalem vocamus, unoque furno uti ad quaestum Domini, qui fortasse praeest iurisdictioni eius pagi.  
Sectam proffer, est testimonium leg alium hominum qui contractui inter eos habito interfuerint praesentes producere. Fleta lib. 2. cap. 63. §. Nullus. And secta is used for a witness. Idem, lib. 4. cap. 16. §. final. Habes tamen sectam unam vel plures, etc.  
Secta ad justiciam faciendam, is a service due for ●a man's see to be performed, ●eing by his see bound thereunto. Bracton. lib. 2. cap. 16. num. 6.  
Secta unica tanium facienda pro pluribus haereditatibus, is a writ that lieth for that heir that is distrained by the Lord to more suits than one, in respect of the land of divers heirs descended unto him. Register orig. fol. 177. a.  
Sectis non faciendis, is a writ, that lieth for one in wardship to be delivered of all suits of Court during his wardship, Register origin. fol. 173. b. See other use of ●●is writ, eodem, fol. 174. touching women that for their dower ought not to perform suit of Court.  
Seounda superoneratione pastura, is a writ that lieth, where measurement of pasture hath been made, and he that first surcharged the common, doth again surcharge it, the measurement notwithstanding. Register origin. fol. 157. oldnat. br. fol. 73.  
secondary, (secundarius) is the name of an Officer next unto the chief Officer: as the secondary of the fine Office: the secondary of the Counter: which is (as I take it) next to the shreeve in London in each of the two Counters. secondary of the office of the privy seal. anno 1. Ed. 4. cap. 1. Secundaries of the Pipe two: secondary to the Remembrancers, two, which be Officers in the Exchequer. Camden. pag. 113.  
Securitatem inveniendi, quòd se non divertat ad partes exteras fine licentia Regis, is a writ that lieth for the King against any of his subjects, to stay them from going out of his kingdom. The ground whereof is this, that every man is bound to serve and defend the Commonwealth, as the King shall think meet. Fitz. nat. br. fol. 85.  
Securitate pacis, is a writ that lieth for one, who is threatened death or danger, against him that threateneth, taken out of the Chancery to the shreeve: whereof the form and farther use you may see in the Register origin. fol. 88 b. and Fitzh. nat. br. fol. 79.  
Se defendendo, is a plea for him that is charged with the death of another, saying that he was driven unto that which he did, in his own defence, the other so assaulting him, that if he had not done as he did, he must have been in peril of his own life. Which danger ought to be so great, as that it appear incuitable. As Stawnford saith in his pleas of the Crown. li. 1. ca 7. And if he do justify it to be done in his own defence, yet is he driven to procure his pardon of course from the Lord chancellor, and forfeiteth his goods to the King. As the said author saith in the same place.  
Signior (Dominus) is borrowed of the French (seigneur) It signifieth in the general signification, as much as Lord: but particularly it is used for the Lord of the see, or of a manner, even as (Dominus) or (signior) among the Feudists, is he, who granteth a a fee or benefit out of his land to another. And the reason is, (as Hotoman saith) because having granted the use and profit of the land to another: yet the property. i. (Dominium) he still retaineth in himself. See Hotoman in verbis feudal. verbo Dominus, & Senior. Signior in gross, seemeth to be he that is Lord, but of no manner, and therefore can keep no court. Fitz. nat. br. fol. 3. b. See signory.  
Seignourage. anno 9 H. 5. stat. 2. cap. 1. seemeth to be a regality or prerogative of the king, whereby he challengeth allowance of gold and silver brought in the mass to his Exchange, for coin.  
signory (Dominium) is borrowed of the French (signory. i. ditio, dominatus, imperium, principatus, potentatus.) It signifieth peculiarly with us, a Manner, or Lordship. signory de soak man's. Kitchen fol. 80. signory in gross, seemeth to be the title of him that is not Lord by means of any manner, but immediately in his own person: as Tenure in capite, whereby one holdeth of the King, as of his Crown, is signory in gross: because it is held of the king for the time being, and not of the King, as of any honour, manner, etc. Kitchen, fol. 206. See Signior.  
Seisin (seisina) is borrowed of the French (seisine. i. possessio,) and so it signifieth in our common law: and to seize, is to take possession. Premier seisin (prima seisina) is the first possession. See Premier seisin, of the French word (seisir) is made a Latin (seisire,) used by the Canonists. cap. Clericis. § Nos igitur non semel de immunitate Ecclesiae, num. 6. as also the Civilians. Guido. Pap. singula. 865. Seisire est etiam possessionem tradere. Tiraquellus in Tractatu. Le mort saisit le vif. pag. 53. num. 3. Seisin with our common Lawyers, is two fold: seisin in fact, and seisin in law. Perkins Dower. 369. 370. Seisin in fact is, when a corporal possession is taken: seisin in law, is when something is done, which the law accounteth a seisin, as an enrolment. Seisin in law, is as much as a right to lands and tenements, though the owner be by wrong disseised of them. Perkins Tenent per le courtesy. 457. 478 And it seemeth by Ingham, that he who hath had an hours possession quietly taken, hath seisin de droit, & declaim, whereof no man may disscise him by his own force or subtlety, but must be driven to his action. §. Bref denovel disseisin. Sir Edward Cook lib. 4. calleth it seisin in law, or seisin actual. fol. 9 a. The Civilians call the one civilem possessionem, the other naturalem.  
Seisiva habenda quia Rex habuit annum, diem, & vastum, is a writ that lieth for the delivery of seisin to the Lord, of his land, or tenements, that formerly was convicted of felony, after the King in the right of his prerogative hath had the year, day, and waste. Rog. orig. fol. 165. a.  
Selion (selio) is borrowed of the French (sellon. i. terra elata inter duos sulcos) in Latin (Porca) in english a Ridge, or land. It signifieth even so with us also: and is of no certain quantity, but some time containeth an acre, sometime half an acre, sometime more, and sometime less. West. part 2. symbol: titulo. Recovery: sect: 3. Therefore Crompton in his jurisdictions: fol: 221. saith, that a selion of land cannot be in demand, because it is a thing uncertain.  
Seneschal (senescallus) is a French word, but borrowed from Germany, being (as Tilius saith) compounded of Schal. i. servus, aut officialis, and (Gesnid. 1. familia) we english it a Steward. As the high Seneschal, or Steward of England: pl. cor: fol. 152. High Seneschal or Steward, and South seneschal, or understeward. Kitchen fol. 83: is understood for a steward, or understeward of Courts. Seneshal de l'hostel de Roy, Steward of the King's household. Cromptons' jurisdictions. fol. 102.  
Senescallo & Mareshallo quod non teneant placita de libero tenemento, etc. is a writ directed to the Steward or Marshal of England, inhibiting them to take cognisance of any action in their court, that concerneth either Freehold, dept, or covenant. Register orig. fol. 185. a. 191. b.  
Senie, aliâs, Seine, (sena) is a leaf of a medicinable herb, that bringeth forth stalks of a cubit high, purging phlegmatic, choleric, and also melancholic humours, without great violence. The farther use whereof you may read in Gerrard's Herbal. lib. 3. cap. 8. This is mentioned among other drugs and spices to be garbled. anno 1. jacob. cap. 19  
Septuagesima is a sunday certain, and always the third sabbath before Shrovesunday, from the which until the Octaves after Easter, the solemnising of marriage is by the Canon laws forbidden. The reason whereof is given, for that all this time until Easter, is a time of mourning for the fall of Adam, and for the misery of man thereof ensuing. And Easter with the Octaves thereof is a time of Christ's glorification, and so of ours also in him, for his, and by him our conquest over death and sin. And that therefore all carnal affection ought, during that space, to be wholly mortified in us See Quinquagesima, see advent, see Rogation week.  
Sequatur sub suo periculo, is a writ, that lieth, where a summons ad warrantizandum is awarded, and the shreeve returneth, that he hath nothing, whereby he may be summoned. For than goeth out an (Aliâs) and (Pluries) And if he come not at the (Pluries) then shall go out this writ. old nat. br. fol. 163.  
Sequestration (sequestratio) is a separating of a thing in controversy from the possession of both those that contend for it. And it is double: voluntary, or necessary Voluntary, is that which is used by the consent of each party. Necessary is that, which the judge of his authority doth, whether the parties will or not. It is used also for the act of the ordinary disposing of office, the goods and chatels of one deceased, whose estate no man will meddle with. Dyer. fol. 232. num. 5. & fol. 256. num. 8. & fol. 160. nu. 42. & fol. 271. num. 26. As also in the gathering of the fruits of a Benefice void, to the use of the next incumbent. anno 28. H. 8. cap. 11. Fortescue cap. 50. and in divers other cases.  
Sequestro habendo, is a writ judicial for the dissolving of a sequestration made by the Bishop, at the King's commandment, of the fruits of a benefice, thereby to compel the Parson to appear at the suit of another: for the Parson upon his appearance may have this writ, for the release of the sequestration. egist. judicial. fol. 36. a.  
Sergeant (seruiens) cometh of the French (sergeant. i. satelles, accensus) a man of the Guard, a kind of soldier, so called, because he was saepè aecitus ad res necessarias in exercitu peragendas. Calepin. M. Skene de ver. sign. verb. Sergeant, hath these words: Sergeant cometh from Sergeant: quae est vox composita de (Serrer) quod est, includere, & gent, quod pro gente, populo vel plebe usurpatur. Itaque Seriandus dicitur, qui jussu magistratus, quemlibet de populo reum crimin is in carcerem coniicit, seu includit. This word Sergeant is diversly used in our law, and applied to sundry offices and callings. First, a Sergeant at law, (or of the coif) is the highest degree taken in that profession, as a Doctor is in the civil law. And to these, as men best learned, and best experienced of all others, is there one court severed, to plead in by themselves: (and that is the Court of common-plees) where the common law of England is most strictly observed. These are made by the Kings mandat, or writ, directed unto them, commanding them upon a great penalty, to take upon them that degree by a day certain therein assigned. Dyer fol. 72. num. 1. see Count. And of these one is the King's Sergeant, being commonly chosen by the King out of the rest, in respect of his great learning, to plead for him in all his causes: as namely, in causes of treason. pl. cor. lib. 3. cap. prim. And of these there may be more if it so please the King. This is called in other Kingdoms, Aduocatus Regius. Cassan. de consuet. Burgund. pag. 850. With what solemnity these Sergeants be created, read Fortescue, cap. 50. This word Sergeant seemeth to be used in Brition for an Officer belonging to the County: who, in his first chapter speaking of Appeals made before the Corones, hath these words in effect: And then let the Coroner cause his appeal to be entered, and the names of his sureties. And afterward let commandment be given to the Sergeant of the country, where the felony was committed, that he have the body of the persons appealed at the next County. And it is probable, that this officer was all one with him, whom Bracton in his fifth book cap. 4. num. 2. calleth Seruientem Hundredi. of whom he hath these words: Post probationem defaltae, faciet seruiens Hundreds incontinenti summonitionem, vel affidet partibus diem, si praesentes sint, ad proximum Comitatum, etc. This is like to be the same Officer, which in ancient time was called the Bailiff of the Hundred, who (as is declared in Bailiff) had the like authority in his Hundred, that the shyreeve had in the County, though inferior to him, and to be controlled by him, as appear by divers ancient precedents set down by Kitchen in his tractat of Returns in Court Hundred, Court Baron, etc. I read also in Bracton lib. 3. tractat: 2. ca 28. Of the King's Sergeant, who is like to be also an officer in the County, in these words: speaking of a woman ranished, and what she ought to do for the pursuit of the Ravisher & sic ire debet ad praepositum Hundredi, & ad seruientem Domini Regis, & ad coronatores, & add vice-comiten, & ad primum comitatum faciat appellun suum. And again eod. li: c: 32. in these words: & si sine secta cognoverit se inde esse latronem coram vicecomite, vel coronatore, vel seruiente Domini Regis, etc. And again lib. 5. tractat: 3. cap. 4. nu. 8. in these words. Quid si seruiens Domini Rogis dederit partibus diem ad Comitatum, etc. And by Fleta it seemeth, that this term was general to the shreeve, Coroner, and Bailiffs of Counties, who in his sixth book. cap: 3. §. 1. hath these word: Cum quis igitur senserit dominum suum vel curiam suam sibi de recto defecisse, tunc ostenso hoc vicecomiti, statim praecipiat ballivo Hundredi, vel itineranti, vel alteri seruienti Regis, quòd assumptis sibi liberis, & legalibus hominibus de vicineto illo, ad curiam illius domini, si quem habuerit accedat, etc. And to help this probability, I find that the steward of a manner is termed seruiens manerii. Coke Vol: 4. Copyhould cases. fo. 21. a. Then is there a Sergeant at arms (seruiens ad arma) whose office is to attend the person of the King, anno 7. H. 7. ca 3. to arrest traitors, or men of worth or reckoning, that do, or are like to contemn messengers of ordinary condition for other causes, and to attend the Lord high Steward of England sitting in judgement upon any Traitor, and such like: pl: cor. lib. 3. cap. pri: Of these by the statute anno 13. R. 2. cap. 6. there may not be above thirty in the Realm. This sort is called del espee. In the custumary of Nor. ca 5. which read. There be also some two of these Sergeants of the Parliament, one for the upper, another for the lower house, whose office seemeth to serve for the keeping of the doors, and the execution of such commandments, especially touching the apprehension of any offender, as either house shall think good to enjoin them. See Cromptons' jurisdictions, fol. nono. See also Vowels, aliâs hooker's book of the order of the Parl. There is one of these that belongeth to the Chancery, who is also called a Sergeant of the Mace, as the rest may be, because they carry Maces by there office. He of the Chancery attendeth the Lord Chancellor, or Keeper in that court, for the means to call all men into that court, is either by this officer or by sub poena. West. pa. 2. sym. tit. Chancery Sect. 17. Then be there sergeants that be the chief officers in their several functions within the king's household, which be chief in their places, of which sort you may read many named in the statute anno 33. H. 8. ca 12. There is also a more base kind of sergeant of the Mace, whereof there is a troop in the City of London, and other towns corporate, that serve the Mayor or other head officer, both for mesniall attendance, and matter of justice. Kitchen fol. 143. And these are called Seruientes ad clavam. New book of Entries. ver. scire facias: in Mainperners. f. 538. c. 3.  
Sergeantie) Seriantia) cometh of the French (Sergeant. i. satelles) & signifieth in our common law, a service due to the King from his tenant holding by such service. For this service cannot be due to any L. from his Tenent, but to the King only. And this is either grand, or petit, as you shall find at large set down in Chivalry. Of this also you may read Brabant l. 2. c. 16. etc. 37. n. 5. 4. & Brit.. c. 66. n. 1. & 2. See Service. M. Skene de ver. signify. calleth this Sergeanterie, defining and dividing it as we do in England.  
Servientibus, are certain writs touching servants, and their Masters violating the statutes made against their abuses. which see in the Regist. orig. fol. 189. & 190. & 191.  
Service (seruitium) though it have a general signification of duty toward them unto whom we owe the performance of any corporal labour, or function: yet more especially in our common law, it is used for that service, which the tenant by reason of his see, oweth unto his Lord. And so doth it signify among the Feudists also For Hotoman thus defineth it. Seruitium est munus obsequii clientelaris. verbo Servitium. De verbis feudal. or rather declareth it so to be defined. lib. feud. 2. titulo 51. §. 8. It is sometime called servage, as anno. i R. 2. cap. 6. This service is either military, and noble, commonly called Knights service: or clownish & base, commonly called socage. of both which read Chivalry, as also socage. and Bracton lib. 2. cap. 16. Service is divided by Britton into personal, and real. cap. 66. where he maketh wards, mariags, homage, Releifs, and such like, to be real services: personal, I imagine, may those be called, that are to be performed by the person of the Tenent, as to follow his Lord into war, etc. The Civilians divide munera in this sort, either in personalia, or patrimonalia. Then Bracton ubi supra num. 7. distributeth seruitium in intrinsecum, & extrin secum aliás forinsecum. & medium. Seruitium intrinsecum is that, which is due to the capital Lord of the manner, Forinsecum is that which is due to the King, and not to the capital Lord, but when he goeth in his own person to serve: or when he hath satisfied the king for all services whatsoever. And again in the same place he saith, it is called Fornisecum, quia fit, & capitur foris, sive extra seruitium, quod fit Domino capitali. see Foreign service. Of this read him ubi supra, more at large. and Fleta, lib. 2. ca 14. §. Continetur. Seruitia quae nec intrinseca nec forinseca sunt, Bract. handleth in the same chap. n. 8. saying thus: sunt etiam quaedam consuetudines, quae nec dicuntur intrinsecae, nec forinsecae: sed sunt quaedam seruitia concomitantia, sicut seruitia regalia, & militaria, & etiam homagia: & ideo in chartis non sunt exprimenda. Quia si homagium praecesserit, & regal seruitium, sequitur exinde quòd ad capitalem Dominum pertinebit Relevium, & custodia, & maritagium: sive seruitium sit militare, vel seriantia propter exercitum, etc. Here then Relief, Ward, and Marriage, be those services, which he calleth, nec intrinseca, nec forinseca, sed concomitantia. Service is also divided into frank service, and base, or villainous service: the one Bracton, calleth (liberum seruitium) the other (seruitium villanum) or (villenagium) lib. 2. cap. 8. nu. pri. This villenagium is Socage in base tenure, as to dung the Lords ground, to serve him so many days in harvest, to plash his hedges, etc. or else copy hold. All other services seem to be frank. Service consisteth some in seisance, some in render. Perkins Reservations. 696. Service seemeth also to be divided into continual, otherwise annual, and casual, or accidental. An example of the former is the seisin of rent, and of the other, seisin of relief. Sir Ed. Cooks reports. lib. 4. Bevils' case. fol. 9 a. See Copy hold: See Socage. see Aid.  
Service secular. anno 1. Ed. 4 ca 1. which may be contrary to spiritual, viz. the service divine commanded to spiritual men by their founders.  
Servitors of bills, seem to be such servants or messengers of the marishall belonging to the king's bench, as were sent abroad with bills, or writs to summon men to that court, being now more ordinarily called Tip. stafs.  
Servitiis acquietandis, is a writ judicial, that lieth for one distrained for services by john, which oweth and performeth to Robert, for the acquittal of such services. Register judicial, fol. 27. a. & 36. b.  
Sessions (Sessiones) signifieth in our common law a sitting of justices in court upon their commission: as the sessions of oyer, and terminer. pl. cor. fol. 67. Quarter sessions, otherwise called general sessions. anno 5. Elizab. cap. 4. or open sessions. ibidem. Opposite whereunto are especial, otherwise called privy sessions, which are procured upon some special occasion, for the more speedy expedition of justice in some cause. Cromptons' justice of peace. fol. 110. what things be inquirable in general sessions see Cromptons' justice of peace, fol. 109. Petit sessions, or statute sessions, are kept by the high Constable of every Hundred, for the placing of servants, anno 5. Eli. cap. quart. in fine.  
Sessour. anno 25. Ed. 3. cap. 6. seemeth to signify so much as assessing or rating of wages at this day,  
Set clothes, anno. 27. Henric. 8. cap. 13.  
Setwell, Valeriana, is a medicinal herb, the nature and divers kinds whereof you have in Gerard's herbal, lib. 2. cap. 424. The root of this is mentioned among drugs to be garbled, anno. 1. ja. cap. 19  
Severance, is the singling of two or more, that join in one writ, or are joined in one writ. For example, if two join in a writ de libertate probanda, and the one afterward be nonsuite, here severance is permitted; so that, notwithstanding the nonsuite of the one, the other may severally proceed. Fitzh. nat. br. fol. 78. I. K. Of this see Brooke, titulo severance, & summons. fol. 238. For it is harder to know in what cases severance is permitted, than what it is. There is also severance of the tenants in an Assize, when as one or two, or more disseisours appeareth upon the writ, and not the other. New book of Entries, fo. 81. col. 4. & severance in attaints. eod. fol. 95. col. 2. And severance in debt. verbo. debt. fol. 220. col. 1. see the said book, verbo Severance.  
Several tail (tallium separatum) is that whereby land is given and entailed severally to two. For example, land is given to two men, and their wives, and to the heirs of their bodies begotten: the Donees have joint estate for their two lives, and yet they have several inheritance: because the issue of the one shall have his moiety, and the issue of the other, the other moiety, Kitchen ibidem.  
Several tenancy (tenura separalis) is a plea, or exception taken to a writ, that is laid against two as joint, which are several, Brook titulo, Several tenancy, fol. 237.  
Sewantly woven, an. 35. El. c. 10.  
Sewar, hath two significations with us, one applied to him that issueth or cometh in before the meat of the King, or other great parsonage, and placeth it upon the table: the other to such passages, or gutters as carry water into the sea, or river, in lawyer's Latin called Sewera, an. 6. H. 6. c. 5. which is also used in common speech for commissioners authorised under the broad seal to see drains, and ditches well kept, and maintained in the marish and fen countries, for the better conveyance of the water into the sea, and the preserving of the grass for feed of cattles. stat. anno 6. H. 6. cap. 5. It is probable to bring this word from the French (issir) or (issue) as if we should call them (Issuers) because they give issue or passage to the water, etc. And the latin word (suera) sometime used in these commissions for these drains, is a competent reason of this conjecture: see Eitzh. nat. br. in oyer and terminer. Yet I find in an old French book containing the officers of the King of England's court as it was anciently governed, that he whom in court we now call Sewer, was called (Asseour) which may seem to come from the French (Asseour) wherein his office in setting down the meat upon the table is well expressed. And Sewer as it signifieth an officer, is by Fleta latined Assessor: li. 2. ca 15. All which argueth that the descent of this word is from the French (Asseoir) as signifying a disposing or placing of any thing, or (as we say in English) an assessing of any person toward the performance of a duty.  
Sexagesima. See Septuagesima.  
Shanckes See Fur.  
Shares. See Flotzon.  
Showing, is to be quit of attachment in any court, and before whom soever in plaints showed and not avowed. New exposition of law terms. verbo, Showing. See Scavage.  
Shipper. anno 1. jac. ses. 1. ca 33. is a Dutch word, signifying the Master of the ship.  
Shire, (Comitatus, Shira) is a Saxon word, signifying Satrapian, of the verb (scyran. 1. partiri.) Lamb. in his explication of Saxon words. verbo Centuria. The word is in use so rife, that every child understandeth it. Who first thus divided this land into shires, appeareth by M. Camden's Britan. pa. 102. in these words. Ne dum tamen florente Heptarchia, Anglia ita in Comitatus divisa, (sic enim vulgò vocant) sed postea, cum solus Aluredus rerum potiretur. Vt enim Germani maiores nostri, teste Tacito, iura per pagos vicosque reddebant, & centeni ex plebe comites ad rem administrandam adiungebantur: sic ille (ut Ingulfi Croulandensis verbi. utar) primus Angliam in Comitatus divisit, quod indigenae rapinas committerent exemplo & colore Danorum. Comitatus porrò in Centurias. i. Hundreds, & Decimas. i tithings, distribus fecit: praecepitque ut omnis indigena in aliqua esset Centuria, & Decima. Praefectos etiam previnciarum, qui antea Vicedomini vocabantur, in duo officia divisit, viz judices, nunc justiciarios: & Vice-comites, qui adhuc idem nomen retinent. See the rest.  
Shyreeve (Vicecomes) is compounded of these saxon words (Scyre. 〈◊〉 satrapia) and (reave i. praefectus) and accordingly he is the chief officer under the King of his Shire, or County. See Farm in Lacy's nobility: pag. 12. M. Camden: pag. 104. Thus describeth his office: Singulis verò annis, nobilis aliquis ex incolis praeficitur, quem vicecomitem, quasi vicarium comitis, & nostrâ linguá Shief. i. comitatus praepositum vocamus: qui etiam comitatus, vel provinciae Quaestor rectè dici potest Eius enim est publicas pecunias provincia suae conquirere, mulctas irrogatas, vel pignoribus ablatis colligere, & aerario infer, Indicibus praesto adesse, & eorum mandata exequi, duodecim viros cogere, qui in causis de facto cognoscunt, & ad judices referunt (judices enim apud nos, juris solùm, non facti sunt judices) condemnatos ad supplicium ducere, & in minoribus litibus cognoscere. In matoribus autemius 〈◊〉 justiciarii, quos itiner ants ad 〈◊〉 sas vos ant, qui quotannis bos. Comitatus bis adeunt, ut de causis cognoscant, & de incarceratis fententiam ferant. Henricus secundus hos it inerantes instituit, vel poteùs restituit. Ille (ut inquit Mathaeus Parisiensis) consilio filii sui & Episcoporum constituit justiciar os per sex paries regni; in qualibet part tres, qui jurare nt quod cuilibet ius suum conseruarent illaesum. Of the antiquity and authority of this officer, read Sir Edward Cooks Reports. lib. 4. Mittens case. The manner of appointing these Shyreeves in Henry the sixth his days, see in Fortescue. cap. 24. fol. 53. b. The name Vicecomes cometh from the Normans, as Shyreeve cometh from the Saxons. For in the fifth Chapter of the Grand customary, you have (viconte) which the Latin Interpreter turneth (vicecomitem) whose office you shall find in that Chapter to be very like unto ours. The form of the shreeves oath see in the Register origin. fol. 301. b. Of this read M. Skene de verbor. signif. verbo shreeve: where he largely describeth the office of the shreeve in Scotland, in a discourse worth the reading.  
Shyreeve week of Winchester and of Essex. anno 21. R. 2. cap. 10. & 11.  
Shire Clerk, seemeth to be the Under shyreeve. anno 11. H. 7. cap. 15. It is used sometime for a Clerk in the County court, deputy to the Vndershyreeve. See Sir Edward Cooks 4. book of Reports in Mittens case.  
Shire moot, see Turn.  
Shorling, and Morling seem to be words to distinguish fells of sheep: as if shorling should signify the fells after the fleeces be shorn off the sheeps back, and morling the fells fleane off after they be killed or die alone. anno 3. Ed. 4. cap. prim. & anno 4. eiusdem, cap. 3. & anno 12. eius. cap. 5. & anno 14. eiusdem, cap. 3.  
Shot cometh of the Saxon word, sceate, signifying pecuntam aut vectigal. Lamberds explication of saxon words, verbo Primitiae.  
Shrof metal.  
Sicut aliâs, is a writ sent out in the second place, whereas the first sped not. Coke libro quart. folio 55. b. It is so called of these words expressed in it. For example. jacobus dei gratia, etc. vicecomiti Can: salutem: Praeciptmus tibi (sicut aliâs praecepimus) quod non omittas propter aliquam libertatem in Balliva tua, quin eam ingrediaris, & capias. A. B. de C. in comitatu tuo Labourer, etc. as in the first capias. Lamb: in his tractat of processes in the end of his Eiranarcha.  
Sidemen aliâs Quest men, be those that are yearly chosen according to the custom of every parish, to assist the church wardens in the inquiry and presenting such offenders to the Ordinary, as are punishable in the Court Christian.  
Significavit, is the writ de excommunicato capiendo, which issueth out of the Chancery upon a certificate given by an Ordinary of a man that standeth obstinately excommunicate by the space of forty days, for the laying him up in prison without bail, or mainprize, until he submit himself to the authority of the church. And it is so called, because of the word (significavit) mentioned in the writ (De excommunicato capiendo) which have relation to the certificate, sent into the Chancery by the Ecclesiastical judge. There is also another writ in the Register orig.. of this name, fo: 7. a. directed to the justices of the bench, willing them to stay any suit depending between such and such, by reason of any excommunication alleged against the plaintiffer because the sentence of the Ordinary that did excommunicate him, is appealed from, and the appeal yet hangeth underided. Which see: and see Fitz. nut. br. De excommunicato capiendo. fol. 62. N. but especially 66. A. where you may find writs of this name in other cases.  
Sine asseusu capituli, is a writ that lieth in case where a Dean, Bishop, prebendary, Abbot, Prior or Master of Hospital, alieneth the land held in the right of his house, without the consent of the Chapter, Covent, or Fraternity. For in this case his successor shall have this writ. Fitzh. nat. br. fol. 195.  
Si non omnes, is a writ of association, whereby if all in commission cannot meet at the day assigned, it is permitted, that two or more of them may finish the business. See Association. And Fitz. nat. br. fol. 185. & 111. C. and Register origin. fol. 202. 206. & 124.  
Si recognoscant, is a writ that lieth for a Creditor against his depter for money numbered, that hath before the shreeve in the County court, acknowledged himself to owe unto his creditor such a sum received of him in numeratis pecunits. The form of the writ is this: Rex Vicecomiti salutem. Praec. tibi quod si A. recognoscat se debere R. 40. solid. fine ulteriori dilatione, tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum. Teste, etc. Old nat. br. fol. 68  
Skawe. anno 4. Ed. 4. cap. 1.  
Skyvinage. anno 27. H. 6. cap. 2. a proper name, signifying the precincts of Caleis.  
Sluse (exclusa) is a frame to keep, or let water out of a ground.  
Soc (Soca) is a word signifying a power, or liberty of jurisdiction, as appeareth by these words out of Bracton, Sunt quidam Barones, & alii libertatem habentes, sc: soc, & sac, Tol & Thean, Infangthefe, & Vtfangthefe, & isti possunt judicare in Curia sua, eum qui inventus fuerit iufra libertatem suam seisitus de aliquo latrocinio manifesto. & li. 3. tractat. 2. cap. 8. In the laws of King Edward set out by M. Lamberd, fol. 132. you have these words: Socha est quod si aliquis quarit aliquid in terra sua, etiam furtum, sua est justicia, si inventum fuerit, an non. Saxon in the description of Brittany, cap. 11. saith, that Sock is a suit of Court and that thereof cometh Soken. But the signification of the word (as I have been credibly informed) is as much as Inquisitio which we in modern English, term (seeking) Of this (Sok) Skene de verborum signify. speaketh to this effect. Sok is an old word used in Charters and feofments, which in sundry old books containing the municipial law of this Realm, is called Secta de hominibus suis in curia, secundum consuetudinem Regni. So after my opinion he that is enfeoffed with Sck. (which now we call Soit (but we in England Suit) hath power to hold courts within his own Barony, in which, homines sui should give Soyt. Thus far M. Skene. Of this Fleta hath these words. In huiusmodi verò maneriis (speaking of the King's manners) erant olim liberi homines liberè tenentes, quorum quidam cum per potentiores è tenementis suis eiecti fuerant, & eadem postmodum in villenagium tenenda resumpserunt: & quia huiusmodi tenentes cultores Regis esse dinoscuntur, eye provisa fuit quies ne sectas facerent ad comitatus vel hundredons, vel ad aliquas inquisitiones, assisas vel iuratas, nisi in manerio tantùm, dum tamen pro terra, quorum congregationem tunc socam appellarunt. & hinc est quòd Socmanni hody dicuntur esse. A soco enim derivantur, quorum tonementa sunt villenagium domini privilegiatum, & ideo dicuntur glebae ascriptitii, eo quòd ab huiusmodi glebis amoveri non deberent, quam diu soluerent debitas pensiones: nec compelli poterunt ad buiusmodi tenementa tenenda, contra suas voluntates, eo quòd corpora sua sunt libera. Nec obstabit longa servitutis possessio ad libertatem extinguendam, quamuis ad merchetum sanguinis sui compulsus fuerit quis pro tenemento reddendo. Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servitute reducere, non magis quam liberum tenementum potest servum in libertatem, etc. By whose words it appeareth, that Soca is nothing else, but the meeting or assembly of these kind of tenants in any place within the manner or liberty: wherefore he that hath soc may seem to have such a manner, such tenants, and such a liberty belonging to his manner and tenants, as is here described. Here you see diversities of opinions touching this word, one saying that it is a power or liberty to seek after thieves & stolen goods within a manner or fee, and to do justice upon such inquisition. others that it is a liberty only to have suitors to his court. other (as Fleta, that it containeth both the former significations, and further that it is taken for the company of tenants which live within such a liberty; and are exempled from those common services of the Prince and country whereunto subjects are ordinarily tied. This kind of liberty is in divers places at this day in England, and commonly known by the name of soak or soaken. See Soak and Sockmans'.  
Soccage (soccagium) cometh of the French (Soc. i. vomer, a plowshare or coulter). It signifieth in our common law a tenure of lands by or for certain inferior, or husbandly services to be performed to the Lord of the fee. See Instituts of common law. 31. As I have showed in (Chivalry), all services due for land, is either knight's service, or socage. So then, whatsoever is not knights service, is soceage: Bracton in his 2. book cap. 35. num. primo. describeth it thus. Dici poterit soccagium à Socco, & inde tenentes qui tenent in Sockagio, Sockmanni dici poterunt, eo quòd deputati sunt, ut videtur, tantummodo ad cultur am, & quorum custodia, & maritagia ad propinquiores parentes iure san guinis pertinebit. Et si aliquando inde de facto capiatur homagium, quòd pluries contingit, non tamen habebit propter hoc Dominus capitalis custodiam, & maritagium. Quia non semper sequitur homagium, licet aliquando sequatur. M. Skene de verborum significatione. verb. Sockmanria, saith, that Sockage is a kind of holding of lands, when a man is enfeoffed freely without any service, ward, relief, or marriage, and payeth to his Lord such duty, as is called petit sergeanty, or when one holdeth land in the name of burgages, or in libera elemozina, or otherwise in blenche ferme, sive nomine albae firmae, & opponitur militi, qui tenet per seruitium militare. Out of the place above named in Bracton, you may find a division of Soccage, whereby it is termed either Soccagium liberum, or villanum. frank or free Soccage, and base, otherwise called villeinage. The former is there thus defined. Soccagium liberum est, ubi fit seruitium in denariis Dominis capitalibus, & nihil inde omnino datur ad scutum & seruitium Regis. Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage, or such like, and not of any sergeanty, or eschuage. And to this effect he writeth also, lib. 2. cap. 16. nu. 9 etc. unde si tantum in denariis & sine scut agio vel seriantiis, vel si ad duo teneatur sub disiunctione, sc: ad certam rem dandam pro omni seruitio, vel aliquam summam in denariis, id tenementum potest dici Soccagium: si autem superaddas Scutagium, aut servitium regal, licet ad unum obulum vel seriantiam, illud poterit dici feudum militare. This free Soccage, is also called common Socage, anno 37. H. 8. cap. 20. Soccage in base tenure, or villanum Soccagium, is divided again in villanum Soccagium, & purum villenagium: Villanum Soccagium est illud, de quo fit certum seruitium, idque ratione sui tenementi, non personae suae. Purum villenagium est illud, in quo praestatur seruitium incertum, & indeterminatum, ubi sciri non poterit vespere, quale seruitium fieri debet mane. viz. ubi quis facere tenetur quicquid ei praeceptum fuerit. Bracton lib. 2. cap. 8. num. 3. The old. nat. br. fol. 94. maketh three parts of this division. viz. Soccage of free tenure, Soccage of ancient tenure, and soccage of base tenure. soccage of free tenure is (as the book saith) where a man holdeth by free service of 12. pence by year, for all manner of services, or by other services yearly. Soccage of ancient tenure is of land of ancient Demesn, where no writ original shall be siewed, but the writ of Right, that is called secundum consuetudinem manerii. Soccage of base tenure is of those that hold in Soccage, and may have none other writ, but the Monstraverunt: and such Sockmen hold not by certain Service. And for that are they not free Sockmen. Then again Soccage is divided into soccage in chief, and common soccage. Soccage in chief or in capite, is that which holdeth of the King, as of his Crown. Praerog. fol. 41. Common Soccage is that, which holdeth of any other capital Lord, or of the King by reason of some honour or manner. Ibidem. Burgages is also a kind of Soccage, See Burgage.  
Sockmans' (Sockmanni) are such tenants as hold their lands, and tenements by Soccage tenure. And accordingly as you have 3. kinds of Soccage, so be there 3. sorts of sockmans'. as sockmans' of frank tenure. Kitchen, fol. 81. sockmans' of ancient Demesn. old nat. br. fol. 11. and Sockmans' of base tenure. Kitchen ubi supra. But the tenants in ancient Demesn, seem most properly to be called Sockmans', Fitzh. na. br. f. 14. B. Brit. c. 66. n. 2.  
Soak, anno 32. H. 8. cap. 15. & cap. 29. Of this Fleta saith thus Soak significat libertatem curiae tenentium. quam socam appellamus. lib. 1. cap. 47. §. Soak. See Roger Hoveden, part poster. suorum annalium. fol. 345. b. and See Soc.  
Soken (Soca) see Soc. and Hamsoken. Soken is latined Soca Register original, fol. 1. a.  
Sokereve seemeth to be the Lords rend. gatherer in the Soak, or Soken, Fleta, lib. 2. cap. 55. in principio.  
Sole tenent (Solus tenens) is he or she which holdeth only in his or her own right without any other joined. For example, if a man and his wife hold land for their lives, the remainder to their son: here the man dying, the Lord shall not have Heriot, because he dieth not sole tenant. Kitchen, fol. 134.  
Solicitor (Solicitator) cometh of the French (Soliciteur) It signifieth in our common law, a man employed to follow suits depending in law, for the better remembrance and more case of Attorneys, who commonly are so full of clients and business, that they cannot so often attend the sergeants and counsellors as the case may require.  
Solet & Debet. See Debet & solet.  
Solidata terrae. see Farthing deal of land  
Solace, anno 43. Elizabeth. cap. 10.  
Summons, aliâs summons (summonitio) cometh of the French (semondre. i. vocare) It signifieth in our common law, as much as (vocatio in ius) or (citatio) among the Civilians. And thence is our word (sumner) which in French is (semonneur. i. vocator, monitor) The Custumary of Normandy for our (summons hath (semonse) ca 61. summons of the Exchequer anno 3. Ed. pri: ca 19 & anno 10. eiusdem, cap. 9 How summons is divided, and what circumstances it hath to be observed. See Fleta, lib. 6. cap. 6. 7.  
Solutione feodi militis Parlamenti, and solutione feodi Burgen. Parlamenti, be writs whereby Knights of the Parliament may recover their allowance, if it be denied, anno 35. H. 8. ca 11.  
Sontage. Stow. pag. 284. is a task of forty shillings laid upon every Knights fee.  
Sorting Kerseys. 3. jacobi: ca: 16.  
Sothale, is a kind of entertainment made by Bailiffs to those of their Hundreds for their gain. Which sometime is called Filctale. Of this Bracton lib. 3. tracta: 2. cap. pri. hath these words: De Ballivis, quifaciunt ceruisias suas. quas quandoque vocant (sothale) quandoque (Filctale) ut pecunias extorque ant ab eye qui sequntur Hundreda sua, & Balivas sitas, etc. I think this should rather be written Scotale. See Scotale.  
Southvicont (Subvicecomes) is the under Shyreeve. Cromptone Iurisdict: fol: 5.  
Sown, is a verb neuter, properly belonging to the Exchequer, as a word of their art, signifying so much, as to be leviable, or possible to be gathered or collected. For example, estreats that sown not, are such as the shreeve by his industry cannot get, and estreats that sown, are such as he can gather, anno 4. H. 5. ca 2.  
Speaker of the Parliament, is an officer in that high Court, that is as it were the common mouth of the rest: and as that honourable assembly consisteth of two houses, one called the higher or upper house, consisting of the King, the nobility, and King's council, especially appointed for the same, the other termed the lower or commonhouse, containing the Knights of the Shires, the citizens, barons of the cinque ports, and the burgesses of borough towns: so be there also two speakers, one termed the Lord speaker of the higher house, who is most commonly the Lord Chancellor of England, or Lord Keeper of the great seal: the other is called the speaker of the lower house. And the duties of these two you have particularly described in M. Vowels, aliâs hooker's book, entitled The order and usage of keeping the Parliament.  
Special matter in evidence. See General issue. And Brooke. titulo General issue, and special evidence.  
Spiritualties of a Bishop (spiritualia Episcopi) be those profits which he receiveth, as he is a Bishop, and not as he is a Baron of the Parliament. Stawnf. pl. cor. fol. 132. The particulars of these may be the duties of his Visitation, his benefit growing from ordering and instituting Priests, prestation money, that subsidium charitatiwm, which upon reasonable cause he may require of his Clergy. johannes Gregorius de Beneficiis. cap. 6. num. 9 and the Benefit of his jurisdiction. joachimus Stephanus de Iurisd. lib. 4. cap. 14. num. 14. for these reckoneth exactionem Cathedratici, quartam Decimarum, & mortuariorum, & oblationum pensitationem, subsidium charitatiwm, celebrationem synodi, collationem viatici vel commeatus, cum Episcopus Romam proficiscitur, ius hospitii, Litaniam & Processionem.  
Spikenard (spica nardi, vel nardus) is a medicinal herb, whereof you may for your farther instruction read Gerard's Herbal. lib. 2. cap. 425. The fruit or ear of this (for it bringeth forth an ear like Lavender) is a drug garbleable, anno 1. jacob. cap. 19  
Spoliation (spoliatio) is a writ, that lieth for an incumbent, against another incumbent, in case where the right of patronage cometh not in debate. As if a Parson be made a Bishop, and hath dispensation to keep his rectory, and afterward the patron present another to the Church, which is instituted and inducted: The Bishop shall have against this incumbent a writ of spoliation in Court Christian. Fitz. nat. br. fol. 36. see Benevolence.  
Squalley. anno 43. Elizab. cap. 10.  
Squyers. See Esquires.  
Stablestand, is one of the four Evidences, or presumptians whereby a man is convinced to intend the stealing of the King's Deer in the Forest. Manwood. part 2 of his Forest laws. cap. 18. num. 9 the other three be these Dogdrawe, Backbeare, Bloudie-hand. And this stablestand, is when a man is found at his standing in the Forest, with a Cross bow bend, ready to shoot at any Deer, or with a long bow, or else standing close by a tree with Greyhounds in a lease, ready to slip, Idem, eodem.  
Stalkers, a kind of net anno 13 R. 2. stat. 1. cap. 20. & anno 17. eiusdem, cap. 9  
Stallage (stallagium) cometh of the French (Estaller. i. merces exponere, expedire, explicare.) It signifieth in our common law, money paid for pitching of stalls in Fair or Market. See Scavage. This in Scotland is called stallange. Skene de verbor. signif. verbo Stallangiatores. And among the romans it was termed (Siliquaticum) à siliqua, primo & minimo omnium pondere apud illam nationem.  
Stannaries (stannaria) cometh of the Latin (stannum.) i. tin, signifying the Mines and works touching the getting, and purifying of this metal in Cornwall, and other places. Of this read Camden. Britan. pa. 119. The liberties of the stannary men granted by Ed. 1. before they were abridged by the statute, anno 50. Ed. 3. see in Plowden. casu Mines. fol. 327. a. b.  
Staple (Stapulum) signifieth this or that town, or city, whether the Merchants of England by common order, or commandment, did carry their wols, wol-fels, clothes, lead, and tin, and such like commodities of our land for the utterance of them by the great. The word may probably be interpreted two ways: one taking it from (staple) which in the Saxon or old English language, signifieth the stay or hold of any thing. Lamb. in his duties of Constables. num. 4. because the place is certain, and settled: and again, from the French (estape. i. forum vinarium) because to those places, whether our English Merchants brought their commodities, the French would also meet them with theirs, which most of all consisteth in wines: but I think this latter the truer because I find in the Mirror of the world written in French these words. A Calais. 〈◊〉 avoit Estape de le lain, etc. Which is as much to say, as the staple for wols, etc. You may read of many places appointed for this staple in the statutes of the land, according as the Prince by his Council thought good to alter them, from the second year of Ed: 3. cap. 9 to the fifth of Edw: the sixth. cap: 7. what officers the staples had belonging to them you may see anno 27. Ed. 3. stat. 2. ca 21.  
Star chamber (Camera stellata) is a Chamber at Westminster so called (as Sir Tho. Smith conjectureth lib. 2. cap. 4.) either because it is full of windows, or because at the first all the roof thereof was decked with Images of guilded stars. And the later reason I take to be the truer, because anno 25. H. 8. ca 1. It is written the stirred Chamber. In this Chamber every week twice during the term, and the very next day after term, is there a Court held by the Lord chancellor or Keeper, and other honourable personages of the Realm. This Court seemeth to have taken beginning from the statute anno 3. H: 7. ca pri. Whereby it is ordained, that the Lord chancellor and Treasurer of England for the time being, and the Keeper of the King's privy seal, or two of them, calling to them a Bishop, and a temporal Lord of the Kings most honourable Council, and the two chief justices of the King's Bench, and common place, for the time being, or other two justices in their absence, should have power to call before them, and punish such misdoers, as there be mentioned. The faults that they punish, be Routs, Riots, Forgeries, Maintenances, Embraceries, Periurics, and such other Misdemeanures as are not sufficiently provided for by the common law. It appeareth both by Sir. Tho: Smith lib. 2. de Rep: Anglo: cap. 4. and by experience also, that at this day, the whole number of the Princes most honourable privy Council, and such other Barons spiritual, or temporal as be called thither by the Prince, have place in this Court with those above named. Of this Court thus speaketh M. Gwin in the preface to his readings: It appeareth in our books of the terms of K. Edward 4. And of the report of cases happening under the usurpation of Richard the third that sometime the King and his Council, and sometime the Lord Chancellor, and other great personages, did use to sit judicially in the place then and yet called the Star Chamber. But for as much as be like that assembly was not ordinary, therefore the next Kings, Henry the seventh, and his some. H. 8. took order by two several laws. viz. 3. H. 7. ca pri. & 21. H. 8. ca 2. That the Chancellor assisted with others there named, should have power to hear complaints against Retainours, Embraceours, misdemenures of officers, and such other offences, which through the power and countenance of such as do commit them, do lift up the head above other faults: and for the which inferior judges are not so meet to give correction. And because that place was before dedicated to the like service, it hath been ever since also accordingly used. Touching the officers belonging to this Court, see Camden. pag. 112. & 113.  
Statute, (statutum) hath divers significations in our common law. First, it signifieth a Decree or act of Parliament, made by the Prince and three estates, which is the body of the whole Realm. And though it borrow the name from that kind of Decree, which those cities, that were under the Roman Empire, made for the particular government of themselves, over and above the universal or common law of the Empire: yet in nature it cometh nearest to that which the romans called (legem) for that, as that was made by the whole people noble and ignoble: so this is ordained by those, that represent the whole number, both of prince, and subjects, one and other, through the whole kingdom. The difference nevertheless was this, that Lex was offered to the consideration of the people by the Magistrate of the Senate, or Consul: but the bills or suggestions whence our statutes spring, are offered by any of either house, and so either passed or rejected. In this signification a statute is either general or special. Coke lib. 4. Holland's case, fol. 76. a.  
Statute, in another signification is a short speech taken for a bond; as statute Marchant, or statute staple. anno 5. H. 4. cap. 12. The reason of which name is, because these bonds are made according to the form of statutes expressly, and particularly provided for the same; which direct both before what persons, and in what manner they ought to be made. West. part pri. symbol. li. 2. sect. 151. where he defineth a statute Merchant thus. A statute Merchant is a bond acknowledged before one of the Clerks of the statutes Merchant, and Mayor or chief Warden of the city of London, or two Merchants of the said city for that purpose assigned, or before the Mayor, chief Warden, or Master of other Cities or good towns, or other sufficient men for that purpose appointed, sealed with the seal of the Depter, and of the King, which is of two pieces, the greater is kept by the said Mayor, chief Warden, etc. and the lesser piece thereof by the said Clerks. The form of which bond, you may see in Fleta. lib. 2. c. 64. §. 2. to be such; Noverint universi me. N. de tali comitatu teneri. N. in 10. marcis soluendis eidem ad festum Pent. anno regni Regis, etc. & nisi fecero, concedo quod currant super me & haeredes meos districtio, & poena provisa in statuto domini Regis edito apud Westm. Datum London, tali die, an. supra dicta. The fee for the same seal, is for statutes knowledged in Fairs. for every pound an halfepevy, and out of fairs a farthing. The execution upon statute Merchant, is first to take the body of the Deptor, if he be lay, and can be found: if otherwise, then upon his lands, and goods: The bound is founded upon the statute, anno 13. Ed. pri. statut. 4. Of this also as of the statute Staple, see the new book of Entries. verbo. Statut Merchant. and read in Fleta ubi supra, more touching this matter worth the reading.  
Statute staple (to use the very words of M. West.) is either properly so called, or improperly, A statute staple properly so called is a bond of Record knowledged before the Mayor of the Staple, in the presence of one of the two constables of the same staple, for which seal the fee is of every pound, if the sum exceed not a 100 pound, an halfpenny, & if it exceed and 100 pound, of every pound a farthing. And by virtue of such statute Staple, the Creditor may forthwith have execution of the body, lands & goods of the Depter. and this is founded upon the statute anno 27. Ed. 3. cap. 9 A Statute Staple improper, is a bond of Record, founded upon the statute anno 23. H. 8. cap 6. of the nature of a proper statute staple, as touching the force, and execution thereof, and knowledged before one of the chief justices, and in their absence before the Mayor of the staple, and Recorder of London. The forms of all these bonds, or statutes, see in West. part pri. simbol. li. 2. sect. 152. 153. 154. 155. Statutes is also used in our vulgar talk, for the petit sessions, which are yearly kept for the disposing of servants in service, by the statute, anno 5. Eliz. cap. 4. see Recognisance.  
Statute sessions, otherwise called petit sessions, are a meeting in every hundred of all the shires in England, where of custom they have been used, unto the which the constables do repair, and others both householders and servants, for the debating of differences between masters and their servants, the rating of servants wages, and the bestowing of such people in service, as being fit to serve, either refuse to seek, or cannot get Masters, anno 5. Eliz. cap. 4.  
Statuto stapulae, is a writ that lieth to take his body to prison, and to seize upon his lands and goods, that hath forfeited a bond, called statut staple. Register orig. fol. 15●. a.  
Statutum de laboriis, is a writ judicial for the apprehending of such labourers, as refuse to work according to the statut. Register judicial l. fol. 27. b.  
Statuto Mercatorio, is a writ for the imprisoning of him, that hath forfeited a bond called the statut Merchant, until the dept be satisfied. Register orig. fol. 146. b. and of these there is one against lay persons, ubi supra. and another against Ecclesiastical. 148.  
Stavisaker, staphis agria, vel herba pedicularis, is a medicinable herb, the kind and virtues whereof, you have set forth in Gerard's herbal, lib. 1. cap. 130. The seed of this is mentioned among drugs to be garbled, anno prim. jacob. cap. 19  
Stennerie, is used for the same that Stannaries be, in the statute anno 4. H. 8. cap. 8. see Stannaries.  
Sterling (Sterlingum) is a proper epitheton for money current within the Realm. The name groweth from this, that there was a certain pure coin, stamped first of all by the Easterlings here in England. Stows Annals. pag. 312. The which I rather believe, because in certain old monuments of our English, and broken French, I find it written Esterling. so Ro. Hoveden writeth it. part poster. annalium. fol. 377. b. M. Skene de verborum signif. verbo. Sterlingus, saith thus: sterling is a kind of weight containing 32. corns, or grains of wheat. And in the Canon law mention is made of five shillings sterling, and of a merke starling. cap. 3. de arbitris. &. c. constituit. 12. de procurator: And the sterling penny is so called, because it weighs so many grains, as I have sundry times proved by experience. And by the law of England the penny which is called the sterling round and without clipping weigheth 32. grains of wheat without tails, whereof 20. make an ounce, and 12. onnces a pound, and eight pound maketh a gallon of wine, and eight gallons make a bushel of London, which is the eight part: of a quarter. Hitherto M. Skene. Buchanan. lib. 6. saith, that the common people think it so termed, of sterling a town in Scotland. Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth, was engraven in one quarter of the coin so termed. cap. Item quia. de testamentis. verbo. Centum solidos. in glos.  
Stews, are those places, which were permitted in England to women of professed incontinency, for the proffer of their bodies to all comers: It is derived from the French (Estuves. i. thermae, vaporarium, Balneum) because wantoness are wont to prepare themselves, to these venerous acts, by bathing themselves. And that this is not, new, Homer showeth in the 8. book of his Odiss. where he reckoneth hot baths among the effeminate sort of pleasures, Of these stews see the statute anno 11. Henric. 6. cap. pri.  
Steward. See Seneschal and Stuward, Steward of the King's house anno 25. Ed. 3. statute. 5. ca 21.  
Stillyard (Guilda Theutonicorum anno 22. H. 8. ca 8. & anno 32. eiusdem ca 14.) is a place in London, where the fraternity of the Easterling Merchants, otherwise the Merchants of Hawnse and Almain. anno pri: Ed. 6. cap. 13. Are wont to have their abode. see Geld. It is so called of a broad place, or court, wherein steel was much sold. upon the which that house is now founded. Nathan Chitraens. See Hawnse.  
Stone of will. (Petra lanae) see weights. See Sarpler. It ought to weigh fourteen pounds, yet in some places by custom it is more. See Cromptons' justice of peace. fol. 83. b.  
Straife alias Stray. See Estrae.  
straits anno 18. H. 6. ca 16.  
stream works, is a kind of work in the Stannaries: for (saith M. Camden titulo Cornwall pag. 119.) Horum Stannariorum sive metallicorum operum duo sunt genera: Alterum Lode-works, alterum streme-works vocant. Hoc in locis inferioribus est cum Fossis agendis stanni venas sectantur & flwiorum alueos subinde deflectunt: illud in locis aeditioribus, cum in montibus puteos, quos Shafts vocant in magnam altitudinem defodiunt, & cuniculos agunt. These you may read mentioned anno 27. H. 8. ca 23.  
Stirks.  
Strip. See Estreapement.  
Stuard, alias steward (senescallus) seemeth to be compounded of Steed and ward, and is a word of many applications: yet alway signifieth an officer of chief account within the place of his sway. The greatest of these is the Lord high Steward of England, whose power (if those antiquities be true which I have read) is next to the kings, and of that height, that it might in some sort match the Ephori amongst the Lacedæmonians. The custom of our commonwealth hath upon great consideration and policy brought it to pass, that this high Officer is not appointed for any long time, but only for the dispatch of some especial business, at the arraignment of some Noble man in the case of treason, or such like: which once ended, his commission expireth. Of the high Steward of England's Court, you may read Cromptons' jurisdiction. fol. 82.  
I have read in an ancient manuscript of what credit, I know not, that this officer was of so great power in ancient times, that if any one had sought justice in the King's court and not found it, he might upon complaint thereof made unto him, take those petitions, and reserving them to the next Parliament, cause them there to be propounded, and not only so, but also in the presence of the King openly to rebuke the Chancellor, or any other judge, or officer whom he found defective in yielding justice. And if in case the judge, or officer so reprehended, did allege, that his defect grew from the difficulty of the case, insomuch as he durst not adventure upon it: then the case being showed, and so found, the Lord steward together with the Constable of England there in the presence of the King and Parliament, might elect 25. persons, or more, or fewer, according to their discretion, and the case or cases in question, some Earls, some Barons, some Knights, some Citizens and Burgesses, which upon deliberation should set down, what they thought just and equal: and their decree being read and allowed by Parliament, did stand as a law for ever: furthermore, if the Chancellor or other judge or officer, could not well approve, that the delay of justice complained of, grew from just difficulty, by reason that the case in question was formerly determined by law or statute: then might the steward on the King's behalf, admonish him of his negligence, and will him to be more careful and studious. Or if there appeared malice, or corruption, than the King and Parliament was wont to remove him and assign another of better hope to the place. Lastly, if the king had about him any such evil Counsellor, as advised him to things unjust, or unanswerable to his Majesty, as tending either to the disherifon of the Crown, public hurt, or destruction of the subject. The office of the Steward was, taking to him the Constable, and other great men, with some of the Commons, and giving notice to the King of their intention, to send to that counselor, and will him to desist from misleading the king, yea, if need so required, to charge him to stay no longer about him, but to depart from the Court, which if he neglected to perform, than they might send to the King, and will him to remove him: and if the king refused, than they might take him as a public enemy to the King and Realm, seize on his goods and possessions, and commit his body to safe custody, until the next Parliament, there to be judged by the whole kingdom: examples are brought of Godwin Earl of Kent in the time of King Edward next before the Conqueror, of Hubert Burgh Earl of the same County, in the reign of Henry the third, and of Peter Gaveston, in Edward the seconds days. But experience (as I said) hath found this officer more dangerous than profitable, and therefore hath time taught, though not wholly to suppress him, yet to limit him to particular occasion, and to restrain his power. Then is there the Steward of the Kings most honourable household, anno 24. H. 8. cap. 13. whose name is changed to the name of great Master. anno 32. eiusdem, cap. 39 But this statute was repealed by anno prim. Mar. 2. Parlam. cap. 4 and the office of the Lord Steward of the King's household revived: where you may at large read divers things touching his office. As also in Fitzh. nat. br. fol. 241. B. Of this Officers ancient power, read Fleta, lib. 2. cap. 3. There is also a Steward of the Marshalsea. pl. cor. fol. 52. & anno 33. H. 8. cap. 12. To be short, this word is of so great diversity, that there is not a corporation of any account, or house of any honour, almost through the realm, but it hath an officer toward it of this name. A steward of a manner, or of a household, what he is or aught to be, Fleta fully describeth. lib. 2. cap. 71. & 72.  
Stranger, cometh of the French (estranger. i. alienare.) It signifieth in our Language generally a man borne out of the land or unknown: but in the law, it hath an especial signification for him that is not privy or a party to an act: as a Stranger to a judgement: oldna. br. fol. 128. is he to whom a judgement doth not belong. And in this signification it is directly contrary to (party) or (privy.) See Privy.  
Submarshall, (submarescallus) is an officer in the Marshal sea, that is, deputy to the chief Marshal of the King's house, commonly called the Knight Martial, and hath the custody of the prisoners there. Cromptons' Iurisdict. fol. 104. He is otherwise called Vnder-marshall.  
Subpoena, is a writ that lieth to call a man into the Chancery, upon such case only, as the common law faileth in, and hath not provided for: so as the party who in equity hath wrong, can have none ordinary remedy, by the rules and course of the common law, West. part. 2. symbol. titulo Proceedings in Chancery. sect. 18. where you may read many examples of such cases, as sub poena lieth in. There is also a sub poena ad testificandum, which lieth for the calling in of witnesses to testify in a cause, as well in Chancery, as in orher courts. And the name of both these proceed from words in the writ, which charge the party called to appear at the day and place assigned, sub poena centum librarum, etc. I find mention of a common sub poena in Cromptons' Iurisdict. fol. 33. which signifieth nothing else but such a sub poena, as every common person is called by into the Chancery: whereas any Lord of Parliament is called by the Lord chancellors letters: giving him notice of the suit intended against him, and requiring him to appear. Crompton. eodem.  
Subsidy, (subsidium) cometh of the French (subside) signifying a tax or tribute assessed by Parliament, and granted by the commons to be levied of every subject, according to the value of his lands or goods after the rate of 4. shillings in the pound for land, and 2. shillings 8. pence for goods, as it is most commonly used at this day. Some hold opinion, that this subsidy is granted by the subject to the Prince, in recompense or consideration, that whereas the Prince of his absolute power, might make laws of himself, he doth of favour admit the consent of his subjects therein, that all things in their own confession may be done with the greater indifferency. The manner of assessing every man's lands or goods, is this: first, there issueth a Commission out of the Chancery to some men of honour or worship in every County, by virtue thereof to call unto them, the head Constables or Bailiffs of every Hundred, and by them the Constable and three or four of the substantiallest householders in every town within their hundred at a day certain: which men so called, or so many of them, as the Commissioners think good to use, do rate the inhabitants of their own town, in such reasonable manner, as they find meet, yet by the discretion of the said Commissioners. And then every man after his value set down, must at his time pay to the collector appointed, after the rate aforesaid. Yet in ancient time, these subsidies seem to have been granted both for other causes, as in respect of the King's great travel, and expenses in wars: or his great favours toward his subjects: as also in other manner then now they be: as every ninth Lamb, every ninth fleece, and every ninth sheaf. anno 14. Ed. 3. stat. prins. cap. 20. And of these you may see great, variety in Rastals Abridgement. tit. Taxes, Tenths, Fifteenths, Subsidies, etc. whence you may gather that there is no certain rate, but even as the two houses shall think good to conclude. Subsidy is in the statute of the land, fometime confounded with custom. anno 11. H. 4. cap. 7. See Benevolence.  
Surety of peace, (securitas pacis) is an acknowledging of a bond to the Prince, taken by a competent judge of Record, for the keeping of the peace. Lamberds Eirenarcha, li. 2. cap. 2. pag. 77. This peace may a justice of peace command, either as a Minister, when he is willed so to do by a higher authority, or as a judge, when he doth it of his own power derived from his commission. Of both these see Lamberd. Eirenarcha. lib. 2. ca 2. pag. 77. see Peace, see Supplicavit.  
Suffragan (Suffraganeus) is a titular Bishop ordained, and assisted to aid the Bishop of the Diocese in his spiritual function. c. Suffraganeus. Extra de electione. For the Etymology, Suffragans dicuntur, quia eorum suffragiis causae ecclesiasticae iudicantur. joach. Stephanus de Iurisd. li. 4. ca 16. nu. 14. It was enacted anno 26. H. 8. ca 14. that it should be lawful to every Diocesan at his pleasure to elect two sufficient men within his Diocese, and to present them to the King, that he might give the one of them such title, style, name, and dignity of seize in the said statut specified, as he should think convenient.  
Suit (Secta) cometh of the French (Suit. i. affectatio, consecutio, sequela, comitatus) It signifieth in our common law, a following of another, but in divers senses, the first is a suit in law, and is divided into suit real, and personal. Kitchen, fol. 74. which is all one with action real and personal. Then is there suit of Court, or suit service; that is an attendance which a tenant oweth at the court of his lord Fitzh. nat. br. in Indice. verbo Suit. suit service and suit real, anno 7. H. 7. cap. 2. The new expositor of law Termes, maketh mention of four sorts of suits in this signification. Suit covenant, suit custom, suit real, and suit service. Suit covenant, he defineth to be, when your ancestor hath covenanted with mine ancestor, to siew to the court of mine ancestors. Suit custom, when I and mine ancestors have been seized of your own, and your ancestors suit, time out of mind, etc. Suit real, when men come to the shreeves Turn, or Leete, to which court all men are compelled to come, to know the laws, so that they may not be ignorant of things declared there, how they ought to be governed. And it is called real, because of their allegiance. And this appeareth by common exeperience, when one is sworn: his oath is that he shall be a loyal and faithful man to the King. And this suit is not for the land that he holdeth within the County but by reason of his person and his abode there, and aught to be done twice a year: for default whereof he shallbe amerced and not distrained. I think this should be called rather regal or royal, because it is performed to the King for (royal). The French word in the usual pronunciation cometh near to real, the letter (o) being almost suppressed. see Leete. Suit service, is to siew to the shreeves Turn or Leete, or to the Lords court from three weeks to three weeks by the whole year. And for default thereof a man shall be distrained, and not amercied. And this suit service is by reason of the tenure of a man's land. Then doth suit signify the following of one in chase, as fresh suit. West. 1. c. 46. a. 3. Ed. 1. Lastly, it signifieth a petition made to the prince, or great parsonage.  
Suit of the King's peace (secta pacis Regis) anno 6. R. 2. stat. 2. ca pri. & anno 21. eiusdem, cap. 15. & anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace, by treasons, insurrections, rebellions, or trespasses.  
Summoneas, is a writ judicial of great diversity, according to the divers cases wherein it is used, which see in the table of the Register judicial.  
Summoner (summonitor) signifieth one used to call or cite a man to any court. These by the common law, aught to be boni, that is by Fleta his judgement, liberi homines, & ideo boni, quia terras tenentes, quod sint coram talibus justiciariis ad ce ●tos diem, & locum secundum mandatum Iusticiariorum vicecomiti directum, parati inde facere recognitionemilib. 4. cap. 5. §. Etcum.  
Summons (Summonitio) see Summons, Common Summons. Marlb. cap. 18. anno. 52. Henric. 3. is l.  
Summons in terra petita Kitch. fol. 286. is that summons which is made upon the land, which the party at whose suit the summons is sent forth, seeketh to have, Summons ad Warrantizandum. Dyer fol. 69. nn. 35.  
Sumage (Sumagium) seemeth to be tolle for carriage on horseback, Crompton Iurisd. fol. 191. Forwhere the Charter of the Forest, cap. 14. hath these words: for a horse that beareth loads every half year, a half penny: the book called Pupilla ocult, useth these words: pro uno equo portante summagium, per dimidium annum obolum. It is otherwise called a Seam. And a Seam in the Western parts is a horse load.  
Superoneratione pasturae, is a writ judicial that lieth against him who is impleaded in the County for the overburdening of a common with his cattles, in case where he is formerly impleaded for it in the county, and the cause is removed into the King's court at Westm.  
Supersedeas, is a writ which lieth in divers, and sundry cafes, as appeareth by the table of the Register original, and the judicial also, and by Fitzh. nat. br. fol. 236. and many other places noted in the Index of his book verbo. Supersedeas. But it signifieth in them all a command, or request to stay or forbear the doing of that, which in appearance of law were to be done, were it not for the cause, whereupon the writ is granted. For example: a man regularly is to have surety of peace against him, of whom he will swear that he is afraid, and the justice required hereunto cannot deny him. Yet if the party be formerly bound to the peace, either in Chancery, or else where: this writ lieth to stay the justice from doing that, which otherwise he might not deny.  
Superstatutum, Ed. 3. verse servants and labourers, is a writ that lieth against him, who keepeth my servant departed out of my service against law. Fitzh. nat. fo. 167.  
Super statuto de York quo nul sera viteller, etc. is a writ lying against him, that occupieth vitteling either in gross or by retail in a City, or Borough town, during the time he is Mayor, etc. Fitzh. nature. bre. fol. 172.  
Super statuto, anno pri. Ed. 3. cap. 12 & 13. is a writ that lieth against the Kings Tenent holding in chief, which alienateth the king's land without the King's licence. Fitzh: nat. br. fol. 175.  
Super statuto facto pour seneschal & Marshal de Roy, etc. is a writ lying against the Steward, or Marshal for holding plea in his court of freehould, ot for trespass, or contracts not made within the King's household. Fitzherbert nat. breu. fol. 241.  
Super statuto de Articulis Cleri, cap. 6: is a writ against the Shyteeve, or other officer, that distreineth in the King's high way, or in the glebe land anciently given to Rectories. Fitzh. nat. br. fol. 173.  
Super praerogativae Regis, cap. 3. is a writ lying against the king's widow for marrying without his licence. Fitzherbert. nat. br. fol, 174.  
Supplicavit, is a writ issuing out the Chancery for taking the surety of peace against a man. It is directed to the justices of peace of the county, and the Shyreeve: and is grounded upon the statute, anno pri. Ed. 3. cap. 16. which ordaineth that certain persons in chancery shallbe assigned to take care of the peace, See Fitzh. nat. br. fol. 80. This writ was of old called Breve de minis, as M. Lamberd in his Emenarcha. noteth out of the Register original, fol. 88  
Sur cui in vita, is a writ that lieth for the heir of that woman, whose husband having alienated her land in fee, she bringeth not the writ Cui in vita for the recovery of her own land for in this case her heir may take this writ against the tenant after her decease. Fitzh. nat. br. fol. 193. B.  
Surgeon, cometh of the French (Chirurgien. i. Chirurgus, vulnerarius) signifying him that dealeth in the mechanical part of physic, and the outward cures performed with the hand. The French word is compounded of two greek words (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. manus) and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. opus) And therefore are they not allowed to minister inward medicine. See the statut. 32. H. 8. ca 4. and M. Powltons' new abridgement titule Surgeons.  
Surcharger of the forest, is he that doth common with more beasts in the forest, than he hath right to common withal. Manwood, part 2. of his forest laws. cap. 14. nu. 7.  
Surplusage (surplusagium) cometh of the French (surplus. i. corollarium, additamentum) It signifieth in the common law, a superfluity or addition more than needeth, which sometime is a cause that a writ abateth. Brooke, titulo. Nugation & Superfluity, fol. 100 Plowden casu Dine, contra Maningham, fol. 63. b. It is sometime also applied to matter of account, and signifieth a greater disbursement, than the charge of the accoumptant amounteth unto.  
Surrejoinder, is thus defined by West. part 2. symb. titulo. Supplications. sect. 57 A Surrejoinder, is a second defence of the plaintiffs action, opposite to the Defendants Rejoinder. And therefore (as he saith) Hotoman calleth it Triplicationem, quaeest secunda actoris defensio, contra Rei duplicationem opposita. Not Hotoman only calleth this triplicationem: but the Emperor himself. De Replicationibus, libro. 4. Institut: titulo. 14.  
Surrender (sur sum redditio) is an Instrument testifiing with apt words, that the particular tenant of lands, or tenements for life or years, doth sufficiently consent and agree, that he which hath the next or immediate Remainder, or Revetsion thereof shall also have the particular estate of the same in possession: and that he yieldeth, and giveth up the same unto him. For every surrender ought forthwith to give a possession of the things surrendered. West: part pri: lib. 2. sectio. 503. where you may see divers precedents. But there may be a surrender without writing. And therefore there is said to be a surrender in deed, and a surrender in law. A surrender in deed, is that which is really and sensibly performed. Surrender in law is in intendment of law by way of consequent, and not acutall. Perkins Surrender. 606. & seqq. as if a man have a lease of a serm, & during the term he accept of a new lease, this act is in law a surrender of the former. Coke. vol. 6. fo. 11. b.  
Sursise (supersisae) anno 32. H. 8. ca 48. seemeth to be an especial name used in the Castle of Dover, for such penalties, and forfeitures, as are laid upon those that pay not their duties or rent for Castle ward at their days. a. 32. H. 8. ca 48. Bract. hathit in a general signification lib. 5. tract. 3. ca 1. nu. 8. and Fleta lib. 6. ca 3. in prin.  
Surveyor (supervisor) is compounded of two French words (sur. 1. super) and veoir. 1. ce●ert intueri, despioere, prospicere, videre) It signifieth in qur common law, one that hath the overseeing or care of some great personages lands, or works. As the Surveyor general of the King's manners. Cromptons' Iurisd. fo. 106. And in this signification it is taken anno 33. H. 8. cap. 39 where there is a court of Surveyors erected. And the Surveyor of the Wards and Liveries West part 2. simbologr: titulo Chancery, sect: 136. which officer is erected anno 33. H. 8. ca 22. who is the second officer by his place in the court of wards and Liveries, assigned and appointed by the king. His office seemeth especially to consist in the true examination of the lands belonging to the King's wards, that the King be not deceived. At the entrance into his office, he taketh an oath ministered unto him by the Master of that Court, which see an. 33. H. 8. cap. 39  
Surveyor of the King's exchange, anno 9 H. 5. stat. 2. ca 4. was an officer, whose name seemeth in these days to be changed into some other. For I cannot learn that there is any such now.  
Suruivour, is compounded of two French words (Sur. 1. super) and viure. 1. aetatem agere, vivere) whence also cometh the compound (Suruiure. i. superesse) It signifieth in our common law, the longer liver of two joint tenants. See Brooke, titulo joint tenants, fol. 33. or of any two joined in the right of any thing.  
Suspension (Suspensio) is used for a temporal stop of a man's right, and differeth from extinguishment in this, that a Right of Estate suspended reviveth again, but extinguished it dieth for ever. Brooke, titulo Extinguishment and Suspension. fol. 314. Suspension is also used in our common law, sometimes as it is used in the Canon law, pro minori excommunicatione. As anno 24. H. 8. cap. 12. See Excommunication.  
Suspirall, seemeth to be a spring of water passing under the ground, toward a conduit or cistern. anno 35. H. 8. ca 10. and to be derived from the Latin (suspirare) or the French (souspirer) i. ducere suspiria. And indeed the word itself is French for (souspiral) in that tongue, signifieth (spiramentum cavernae) the mouth of a cave or den: or the tunnel of a chimney.  
Swainmot, alias Swanimote, (Swainmotum) signifieth a Court touching matters of the Forest kept by the Charter of the Forest, thrice in the year: anno 3 Henr. octau cap. 18. it is called a Swannie-mote: what things be inquirable in the fame, you may read in Cromptons' Iurisd. fol. 180. who saith that this court of Swainemote is as incident to a Forest, as the court of Piepowder is to a fair, with whom agreeth M. Manwood part pri. of his Forest laws, pag. 144. The word seemeth to be compounded of (Swain) and (mot) or (Gemot). For swain, as M. Manwood saith ubi supra, pag. 111) in the Saxons tongue signifieth a Bockland man, which at this day is taken for a Charterer, or freeholder: and (Gemot) as M. Lamberd saith in his explication of Saxon words, verbo Conventus, is Conventus, whereupon it is to be noted, as he saith in the same place, that the Swainemote is a court of freeholders within the Forest. Of the which you may read him at large, pag. 110. etc. usque 122.   

T  
TAbling of fines, is the making of a table for every county, where his majesties writ runneth, containing the contents of every fine, that shall pass in any one term, as the name of the County, towns, and places, wherein the lands or tenements mentioned in any fine, do lie, the name of the plaintiff and Deforceant, and of every manner named in the fine. This is to be done properly by the Chirographer of fines of the common pleas: who the first day of the next term after the engressing of any such fine, shall fix every of the said tables in some open place of the court of Common pleas: and so every day of the said term during the sitting of the said court. And the said Chirographer shall de●iuer to the shreeve of every County, his Vndershyreeve or Deputy, fair written in parchment, a perfect content of the table so to be made for that shire, in the term that shall be next before the Assizes to be holden in the same county, or else in the mean time between the term, and the said assizes, to be set up the first day, and every day of the next assizes, in some open place, of the Court, where the justices of Assizes than shall sit, to continue there so long, as they shall sit in the said court. If either the Chirographer, or Shyreeve fail herein, he forfeiteth five pounds. And the Chirographers fee for every such table is four pence. anno 23. Elizab. cap. 3. This saith, West. part 2. symbol. titulo. Fines, sect. 130.  
tail (Tallium) cometh of the French (tail. i. Sectura) or the verb (tailler. i. scindere) signifying in our common law two several things, both grounded upon one reason. Plowden, casu Willi●n, fol. 251. a. b. First it is used for the fee, which is opposite to fee simple: by reason that it is so (as it were) minced, or pared, that it is not in his free power to be disposed of him which owneth it: but is by the first giver cut, or divided from all other, and tied to the issue of the Donee, Cook lib. 4. in prooemio. And this limitation, or tail, is either general, or special. tail general is that, whereby lands, or tenements are limited to a man, and to the heirs of his body begotten. And the reason of this term is, because how many soever women, the tenant holding by this title, shall take to his wives, one after another in lawful matrimony; his issue by them all, have a possibility to inherit, one after the other. tail special is that, whereby lands, or tenements be limited unto a man and his wife, and the heirs of their two bodies begotten: because if the man bury his wife before issue, and take another: the issue by this second wife cannot inherit the land, etc. Also if land should be given to a man and his wife, and to their son and heir john, for ever: this is tail especial. See more of this in see, and Litleton lib. pri: ca 2. and the new book of Entries. verbo tail. tail in the other signification, is that which we vulgarly call a Tally. For it is une taille de bois a cloven piece of wood to nick up an account upon, for in the statute anno 10. Ed. pri. cap. 11. and anno 27. eiusdem, stat. pri. ca 2. it is termed a Tail, and anno 38. Ed 3. cap. 5. And so in Brooke his Abridgement, titulo. tail d'Exchequer fol. 247. See Tails.  
Tails (talliae) are in these days called Talleyes, well known what they be. Of these read in our statutes two sorts, to have been usual in the Exchequer for a long continuance. The one is termed tails of debt, anno 1. R. 2. cap. 5. which are a kind of acquittance for dept paid in to the king. For example, the University of Cambridge payeth yearly ten pounds, for such things as are by their Charter granted them in fee ferme, five pounds at the Annunciation and five at Michaelmas. He that payeth the first five pounds, receiveth for his discharge a tail or taley, and he that payeth the other five, receiveth the like. With both which, or notes of them, he repaireth to the Clerk of the Pipes office, and there in steed of them receiveth an acquittance in parchment for his whole discharge. Then be there also mentioned tails of reward, anno 27. H. 8. cap. 11. & anno 33. & 34. eiusdem. ca 16. and anno 2. & 3. Ed. 6. ca 4. And these seem to be tails, or talyes of allowances, or recompense made to shreeves for such matters, as to their charge they have performed in their office, or for such moneys as they by course have cast upon them in their accounts, but could not levy them where they were due. And these, as it seemeth by the said statute, anno 27. H. 8. cap. 11. were of old granted in the Exchequer unto them, upon warrant made to the Treasurer and Chamberlains there, by the Clerks of the signet upon bill assigned by the King. But since the statute anno 2. & 3. Ed. 6. cap. 4. what the course in this case is, I am not so well informed. Only I hear, that for some counties these tails be still in use, and that the warrant cometh now from the Auditor of the receipts, unto those that make these taleys. And that the Shyreeve with them proceedeth to those who take his final account, and there hath his allowance accordingly.  
Taylage (tallagium) aliâs, Tallage, cometh of the French (taille) which originally signifieth a piece cut out of the whole: and metaphorically is used for a share of a man's substance paid by way of tribute. It signifieth with us a tolle, or tax, as anno pri. Ed. 2. cap. unico. And Stows Annals. pag. 445. Thence cometh Tailagiers in Chawcer for tax, or tolle gatherers.  
Taint (Attinctus) cometh of the French (teinct. i. infectus, tinctus) and signifieth either substantively a conviction, or adiectively a person convicted of felony or treason, etc. See Attaint.  
Tales, is a latin word of known signification: It is used in our common law, for a supply of men empaneled upon a jury or inquest, and not appearing, or at their appearance, challenged by the party, or either party, if there be two, as not indifferent. for in this case, the judge upon petition granteth a supply to be made by the shreeve of some men there present, equal in reputation to those that were impaneled. And hereupon the very act of supplying is called a Tales de Circumstantibus. This supply may be one or more, and of as many as shall either make default, or else be challenged by each party. Stawf. pl. cor. lib. 3. ca 5. How be it, he that hath had one Tales, either upon default or challenge: though he may have another, yet he may not have the later to contain so many as the former, for the first Tales must be under the principal panel, except in a cause of Appeal, and so every Tales less than other, until the number be made up of men present in court, and such as are without exception to the party, or parties. Of this see Stawnford more at large ubi supra. where you may find some exceptions to this general rule. These commonly called (Tales) may in some sort, and in deed are called (Meliores) viz. when the whole jury is challenged, as appeareth by Brook, titulo. Octo tales & altar tales, fol. 105. In whom you may likewise read many cases touching this matter.  
Tales, is the proper name of a book in the King's bench office. Coke lib. 4. fol. 93. b.  
Tallage. See Taylage.  
Talshide. See Talwood.  
Talwood, v. anno 34. & 35. Henric. octau. capit. 3. & anno 7. Ed. 6. ca 7. & 43. El. cap. 14. Talshide. ibidem. It is a long kind of shide riven out of the tree, which shortened is made into billets.  
Tartaron, anno 12. Ed. 4. cap. 3. & anno 4. H. 8. cap. 6.  
Tasels. anno 4. Ed. 4. cap. 1. is a kind of hard burr used by clothiers and cloth workers in the dressing of cloth.  
Task, aliâs Tare, by M. Camden following the authority of Doctor powel (whom he greatly commendeth for his diligence in the search of antiquities) is a british word signifying tribute. Camden. Britan. pag. 304. And it seemeth, it is such a kind of tribute, as being certainly rated upon every town, was wont to be yearly paid. See Gilled, and the places there cited out of M. Camden. Now is it not paid, but by consent given in Parliament, as the Subsidy is. And it differeth from Subsidy in this, that it is alway certain, accordingly as it is set down in the Chequer book, and levied in general of every town, and not particularly of every man. Lastly, it is a fifteenth of that substance, that every town was first rated at, by the number of hides of land in the same. Whereupon it is also called a fifteenth v. anno 14. Ed. 3. stat. 1. cap. 20. for whereas M. Crompton in his jurisdictions, saith that it is levied sometime by goods, as well as by lands, as also appeareth by the statute, anno 9 H. 4. ca 7. I take his meaning there to be, that though the task in the whole were at the first by the Prince proportioned by the land: Yet the towns men among themselves to make up that sum, are at these days sometime valued by goods. See fifteenth. It seemeth that in ancient times, this task was imposed by the king at his pleasure, but Edward the first, anno 25. of his reign, bound himself, and his successors from that time forward; not to levy it but by the consent of the Realm. anno 25. Ed. pri. cap. 5. The word Task may be thought to proceed from the French (Taux, aliâs Tax. i. aestimatio, pretium) for we call it also Tax: but over curiously to contend in these derivations, may seem frivolous, considering that many words are common to divers peoples.  
Telonium, or Breve essendi quietum de Telonio, is a writ lying for the Citizens of any City, or Bourgesses of any town that have a Charter, or prescription to free them from Tolle, against the officers of any town, or market constraining them to pay Tolle of their Merchandise, contrary to their said grant or prescription. Fitzh. nat. br. fol. 226. Hotoman lib. 2. commentariorum in feuda, cap. 56. vers. Vectigalia, hath these words: Telonis autem dicuntur, public anorum stationes in quibus vectigalia recipiunt: sed apud istius generis scriptores, Telonium dicitur vectigal, quod pro pontium aut riparum munitione penditur: & plerumque á principibus solius exactionis causa, imperatur.  
Team, aliás Theme, is an old Saxon word, signifying a Royalty granted by the King's charter, to a Lord of a manner. Bracton li. 3. tracta. 2. ca 8. of this Saint Edward's laws, nu. 25. say thus. Quod si quisquam aliquid interciet (id est, penes alium defendat) super aliquem, & intercitatus, non poterit warantum suum habere, erit forisfactura sua, & justicia similiter de calumniatore, si defecerit. M. Skene de verborum significatione, verbo Theme. saith, that it is a power to have servants and slaves, which are called nativi, bondi, villani; and all Baronies insoffed with Theme, have the same power. For unto them all their bondmen, their children, goods and cattles, properly appertain: so that they may dispose of them, at their pleasure. And in some old authentic books it is written. Theme est potestas habends natinos, it a quòd generationes villanorum vestrorum, cum eorum catallis, ubicunque inveniantur, ad vos pertineant, Theme cometh from Than. i. servus, and therefore some time signifieth the bondmen, and slaves, according to an old statute and law. De curia de Theme. Quod si quis teneat curiam de Theme, & illa querela in illa curia movetur, ad quam Theme vocatur: non debet illa curia elongari, sed ibidem determinari, & omnes Theme ibi compareant. Which is understood of the question of liberty, when it is in doubt, whether any person be a bondman or free man. Which kind of process should not be delayed but summarily decided. And the new expositor of law terms. speaketh to the like effect, verbo Them. I read it also in an old paper written by an exchequer man thus translated: Theme. i. propago villanorum.  
Teller, is an officer in the Exchequer, of which sort their be four in number. And their office is, to receive all moneys due to the King, and to give to the clerk of the Pel a bill to charge him therewith. They also pay to all persons, any money paiable unto them by the King, by warrant from the auditor of the receipt. They also make weekly and yearly books both of their receipts & payments, which they deliver to the L. Treasurer.  
Templars (Templarii) See Knights of the Temple. These whil lest they flourished here in England, which seemeth to be all that time between Henry the seconds days, until they were suppressed, had in every nation a particular governor, whom Brac. calleth Magistrun militiae Templi: l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers.  
Temporalties of Bishops (Temporalia Episcoporum) be such revenues, lands, and tenements, as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time, as they are Barons, and Lords of the Parliament. See Spiritualties of Bishops.  
Tend, seemeth to signify, as much as to endeavour, or offer, or show forth, to tend the estate of the party of the demandant, old n. br. f. 123. b. to tend to travers. Stawnf: prarog. fol. 96. to tend an avertment. Britton, cap. 76.  
Tender, seemeth to come of the French (Tender. i. tener, delicatus) and being used adiectively, signifieth in english speech, as much as it doth in French. But in our common law, it is used as a verb: and betokeneth as much, as carefully to offer, or circumspectly to endeavour the performance of any thing belonging unto us: as to tender rend, is to offer it at the time and place where and when it ought to be paid. To tender his law of non Summons. Kitch. fo. 197. is to offer himself ready to make his law, whereby to prove that he was not summoned. See law. See make.  
Tenementis legatis, is a writ that lieth to London, or other corporation, where the custom is, that men may demise tenements by their last will, as well as their goods and cattles, to whom they list, for the hearing of any controversy touching this matter, and for the rectifying of the wrong. Regist. orig. fol. 244. b.  
Tenant, aliâs, tenent, (tenens) cometh either of the Latin (tenere) or of the French (tenir) and signifieth in our common law, him that possesseth lands, or tenements by any kind of right, be it in fee, for life, or for years. This word is used with great diversity of Epithits in the law, sometime signifying or importing the efficient cause of possession, as tenant in Dower: which is she, that possesseth land, etc. by virtue of her Dower. Kitchen, fol. 160. Tenent per statute Merchant. Idem, fol. 172. that is, he that holdeth land by virtue of a statute forfeited unto him. Tenent in frank marriage. Kitchen, fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon marriage, between him and his wife. Tenent by the courtesy. Idem, fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix, and borne alive. Tenent per elegit. Idem, fol. 172. i. he that holdeth by virtue of the writ termed Elegit. Tenent in mortgage. idem, fol. 38. is he that holdeth by virtue of a mortgage or upon condition, that if the lessour pay so much money at such a day, that he may enter, and if not, that the leassee shall have a fee simple, fee tail, or free hold. Sometime these Epithets import the manner of admittance: as tenant by the verge in ancient demesn. Idem. fol. 81. is he that is admitted by the rod in a court of ancient demesne. Sometime the evidence, that he hath to show for his estate: as Tenent by copy of court roll, which is one admitted Tenent of any lands, etc. within a manner, that time out of the memory of man, by the use and custom of the said manner, have been demisable, and demised to such as will take the same in see, fee-tail, for life, years, or at will, according to the custom of the said manner. West part prim. sym. lib. 2. se. 646. whom read more at large. Again, Tenent by charter, is he that holdeth by feoffment in writing or other deed. Kitchen; fol. 57 Sometime these Epithets signify that duty which the tenant is to perform by reason of his tenure. As Tenent by Knight's service, Tenent in socage, Tenent in burgages, Tenent in frank fee, Tenent in villeinage. Sometime they import the estate of the tenant, or his continuance in the land, as Tenent in fee simple. Kitchen, fol. 150. Tenent in fee tail, Idem fol. 153. Tenent for life, and tenant for years: Idem, fol. 163. Tenent at the will of the Lord according to the custom of the manner. Idem fol. 132. & 165. Tenent at will by the common law. Idem, eodem. Tenent upon sufferance. Idem, fol. 165. Tenent of state of inheritance. Stawnf: praerog. fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth, as Tenent in chief. i. he that holdeth of the King in the right of his crown. Fitz. nat: br. fol. 5. F. Tenent of the King, as of the person of the King. Idem, eodem. or as of some honour. eodem: Very tenant. i. he that holdeth immediately of his lord Kitchen fol. 99 For if there be Lord Mesn. and Tenent, the Tenent is very Tenent to the mesn, but not to the Lord above. Tenent paravaile, pl. cor: fo. 197. & Fitzh. nat. br. fol. 136. D. is the lowest tenant, and farthest distant from the Lord paramount. It seemeth to be tenent per avail. See Dyer's commentaries fol. 25. nu. 156. No tenant in right to the Lord, but Tenent as for the avowry to be made, Litleton, fol. 96. Sometime they have a relation between Tenants, and Tenants in several kinds, as joint tenants. i. they that have equal right in lands and tenements, and all by virtue of one title. Litleton, li. 3. ca 3. Tenants in common, be they that have equal right, but hold by divers titles, as one or more by gift or descent, and others by purchase. Idem, eod. cap. 4. Particular tenant. Stawnf. praerog. fol. 13. that is, he which holdeth only for his term, as tenant in dower, tenant by the courtesy, or otherwise for life, West part 2. symbol. titulo. Fines. sect. 13. G. See anno 32. H. 8. ca 31. and Cook in Sir William Pellams case. lib. 5. fol. 15. a. they be termours for years or life. See Plowden casu Colthirst. fol. 23. b. Sole tenant, Kitchen 134. i. he that hath none other joined with him. If a man and his wife hold for both their lives, and the man dieth, he dieth not sole tenant, Idem eodem. Several tenant, is opposite to joint tenants or tenants in common. See Several tenencie. Tenent all praecipe, is he, against whom the writ (Fraecipe) is to be brought. Cook's Reports. lib. 3. the case of fines. fol. 88 a. Tenent in demesn, anno 13. Ed. 1. cap. 9 anno 32. H. 8. cap. 37. is he that holdeth the demeans of a manner for a rent without service. Tenent in service, an. 20. Ed. 1. stat. pri. is he that holdeth by service v. Britton. cap. 79. in principie, & ca 96. Car fealte, etc. vel quaere whether he may be termed tenant in demesne, that holdeth some of the demeans howsoever, and he tenant in service, which is a freehoulder to a manner holding by service, for the free holds of a manner are not accounted of the demesne, but only that which the Lord keepeth in his own hand or letteth out by copy, according to the custom of the manner. Tenent by execution an. 32. Henr. 8. cap. 5. is he that holdeth land by virtue of an exeution upon any statute, recognizance, etc.  
Tendeheved (decanus, vel caput decem familiarum) of this see Roger Hoveden, part poster. suorum annalium. fol. 346. a. See Frank pledge.  
Tenement (Tenementum) is diversly used in the common law, Most properly it signifieth a house or home stall: but in a larger signification it is taken for either house or land that a man holdeth of another. And joined with the adjective (Frank) in our lawyers French, it containeth generally lands or houses, yea or offices, wherein we have estate for term of life, or in fee. And in this signification, Kitchen, fol. 41. maketh frank tenement, and base estate opposite the one to the other. In the same sort doth Britton use it, through his whole 27. chapter, as also Bracton doth the latin (liberum tenentum) lib. pri. cap. 5. & 6. and many other places.  
Tenentibus in assisa non onerandis, etc. is a writ that lieth for him to whom a disseisour hath alienated the land whereof he disseised another, that he be not molested for the damages awarded, if the Disseisour have wherewith to satisfy them himself. Register. orig. fol. 214. b.  
Tenths (Decimae) is that yearly portion or tribute, which all livings ecclesiastical do yield to the king. For though the Bishop of Rome do originally pretend right unto this revenewe, by example of the high priest among the jews, who had tenths from the Levites, Numb. cap. 8. Hieronimus in Ezechielem. yet Iread in our Chronicles that these were often granted to the King by the Pope, upon divers occasions, sometime for one year, sometime for more, until by the statute, anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown. See Disms. It signifieth also a task levied of the temporalty. Holinshed. H. 2. f. 111.  
Tenore indictamenti mittendo, is a writ whereby the Record of an indictment, and the process thereupon, is called out of another court into the chancery. Register orig. fol. 169. a.  
Tenure (Tenura) cometh of the Norman (Teneure) as appeareth by the Grand customary: cap. 28. where it is defined to this effect: Tenure is the manner, whereby tenements are holden of their Lords. What may make a tenure and what not, see Perkins Reservations, 70. And in that chapter shall you find the most of those tenors recited, that be now usually in England. In Scotland I find that there be four manner of tenors, which they call halding of land; the first is pura eleemozina, which is proper to spiritual men, paying nothing for it, but devot a animarum suffragia: the second they call Few, or few farm, which holdeth of the King, Church, Barons, or others, paying a certain duty called Feudi firma. The third is a hold in (Blench) as they term it, by payment of a penny, rose, pair of guilt spurs, or some such like thing, if it be asked, in name of Blench, id est nomine albae firmae. The fourth is by service of ward, and relieve, where the heir being minor, is in the guard or custody of his Lord, together with his lands, etc. And land holden in this fourth manner, is called there feudum de Hauberk, or Haubert. or feudum militare, or feudum Hauberticum, or feudum loricatum: because it is given upon condition, that the vassal possessor thereof, shall come to the host with a lack, or Haubert which is a coat of mail. M. Skene de verb: significa: verbo. Haubert. Tenure in gross, is the Tenure in Capite. For the Crown is called a signory in gross, because it consisteth as a corporation of and by itself, not tied to any honour, or manner. See Cromptons' Iurisd: fol: 206. See the new book of Entries, verbo Tenure.  
Term (Terminus) signifieth with us commonly, the bounds and limitation of time: as a lease for term of life or term of years. Bracton lib. 2. cap. 6. nu. 4. But most notoriously it is used for that time, wherein the Tribunals, or places of judgement are open to all that list to complaime of wrong, or to seek their right by course of law, or action. The rest of the year is called vacation. Of these terms there be four in every year: during the which, matters of justice (for the most part) are dispatched. and this Sir Tho. Smith lib. 3. de Rep. Ang: cap. 2. reckoneth as miraculous: that in less time than the third part of the year, three Tribunals, all in one city, should certify the wrongs of so large and populous a nation, as England is. Of these terms one is called Hilary term which beginneth the 23. of jannuary, or if that be Sunday, the next day following, and eudeth the 21. of February. Another is called Easter term, which beginneth 18. days after Easter and endeth the monday next after Ascension day. The third is Trinity term, beginning the Friday next after Trinity Sunday, and ending the Wedensday fortnight after. The fourth is Mich aelmas term, beginning the 9 of October, or if that be Sunday, the next day after, and ending the 28. of November.  
Termor (Tenens extermino) is he that ●houldeth for term of years or life. Kitchen fol. 151. Litleton fol. 100  
Terra extendenda is a writ directed to the Escheatour, etc. willing him to inquire and find the true yearly value of any land, etc. by the oath of twelve men, and to certify the extent into the Chancery, etc. Regist. orig. fol. 293. b.  
Terris, bonis & catallis rehabendis post purgationem, is a writ that lieth for a Clerk to recover his lands, goods, or chatels formerly seized on, after he hath cleared himself of that felony, upon suspicion whereof he was formerly convicted, and delivered to his ordinary to be purged. Regist. orig. fol. 68 b.  
Terris liberandis, is a writ, that lieth for a man convicted by attaint, to bring the Record and process, before the King, and to take a five for his imprisonment, and to deliver him his lands and tenements again, and to release him of the Strip and Waste. Regist. orig. fol. 232. a. It is also a writ for delivery of lands to the heir after homage, and relief performed. eodem fol. 293. b. or upon security taken, that he shall perform them. eodem, fol. 313. b.  
Terris & catallis ventis ultra debitum levatum, is a writ judicial, for the restoring of lands or goods to a deptour that is distrained above the quantity of the dept. Register judicial. fol. 38. b.  
Terretenent, (terratenens) is he which hath the natural, and actual possession of the land, which we otherwise call the occupation. anno. 39 Eliz cap. 7. For example, a Lord of a manner hath a freeholder, who letteth out his freeland to another to be occupied: this occupier is called the Terretenent. West. part 2. symb. titulo. Fines. sect. 137. Cromptons' Iurisd. fol. 194. Britton. cap. 29. Perkins feofments. 231. And Petrus Bellugain speculo Principum. Rub. 46. versiculo, Restat videre num. 9 useth this word Terratenentes in the same signification. See Land tenants. Yet I have heard some learned in the law say, that the Tertenent, is the tevent in free, or copyhold, according to the custom of the manner, and opposite to tenant for term of years. Quaere.  
Ters, is a certain measure of liquid things, as wine, oil, etc. containing the sixth part of a Tun. anno 32. H. 8. cap. 14. or the third part of a pipe.  
Testament, (testamentum.) See Will.  
Testatum, is a writ that seemeth especially to lie against great personages of the realm, whose bodies may not be meddled with in actions of dept. And therefore if the Shyreeve return, (nihil habet in balliva mea) in a case of execution, another writ shall be sent out into any other County, where such parsonage is thought to have whence to satisfy, which is termed a Testatum; because the shreeve hath formerly testified, that he found nothing in his Bayliweeke to serve the turn. See Kitchen in his Returns of writs. fol. 287. b.  
Teste, is a word commonly used for the last part of any writ: so called, because the very conclusion of every writ wherein the date is contained, beginneth with these words, (teste ●eipso, etc.) If it be an original writ, or if judicial, teste Thom. Fleming, or Edovar do Cook, according to the Court whence it cometh. Where I may note by the way, that in Glanvile lib. pri. cap. 6. & 13. & lib. 2. cap. 4. I find the form of an original writ in the last clause to be (teste Ranulpho de Glanvilla apud Clarindon, etc. And divers times in the Register orig. Teste custode Anglu: as namely, in the title Prohibition. fol. 42. a. and Consultation, fol. 54. b.  
Thanus, is a made Latin word of the Saxon (thegn) which cometh of (thenian. i. alicui ministrare.) It signifieth sometime a Noble man, sometime a free man, sometime a Magistrate, sometime an Officer, or minister. Lamb. in in his Explication of Saxon words. verbo: Thanus. See the place. See vavasour. M. Skene de verbor. signif. saith, it is the name of a dignity, and appears to be equal with the son of an Earl. And Thanus was a free holder holding his lands of the King. And a man not taken with the fang (that is, with the manner, as we say,) accused of theft, no sufficient proof being brought against him, must purge himself by the oath of 27. men, or of three Thanes. Thanagtum Regis, signifieth a certain part of the King's lands, or property, whereof the rule and government appertaineth to him, who therefore is called Thanus. For Domania Regis, and Thanagia, idem significant. It is a Dutch word: For (teiner) signifieth a servant, and teiner to serve. And thane is likewise a servant, and under-thane, an inferior thane or subject. Thus far M. Skene.  
Thack tile. anno 17. Ed. 4. cap. 4. otherwise called plain tile, is that tile which is made to be laid upon the side, and not upon the rudge of a tiled house. anno 17. Ed. 4. cap. 4.  
Theme. See Team.  
Theft (furtum) is an unlawful felonious taking away of another man's movable, and personal goods against the owner's will, with an intent to steal them. West. part 2. symbol. titulo Inditements. sect. 58. where also he saith, that theft is from the person or in presence of the owner, or in his absence. Theft from the person or in presence of the owner, is of two sorts: the one putting the owner in fear, the other not. Idem, eodem, sect. 59 The former is properly called Robbery. ibid. sect. 60. The new expounder of law terms, verbo Larconie, divideth theft into theft so simply called, and petit or little theft. Whereof the one is of goods above the value of twelve pence, and is felony, the other under that value, and is no felony. But see Felony.  
Theftbote, is made of (theft) and (boot) i. compensatio, and signifieth properly the receiving of goods from a thief, to the end to favour, and maintain him. The punishment whereof is ransom and imprisonment, and not loss of life and member. Stawnf. pl. cor. lib. prim. cap. 43. and the mirror of justices. lib. 2. cap. des peaches criminels all suit le Roye. And yet he there maketh mention of a Record alleged, which testified a judgement of life and member given in this case.  
Thegue. See Thanus, and Thingus.  
Them. See Team. It signifieth acquietantiam amerciamentorum sequelae propriorum servorum. Fleta lib. prim. cap. 47. §. Theme.  
Thelonium. See Tholle, and Tholonium, and Tolle.  
Theolonio rationabili habendo pro Dominis habentibus Dominica Regis ad firmam, is a writ, that lieth for him, that hath of the Kings demesne in fee ferme, to recover reasonable tolle of the King's tenants there, if that his demesn have been accustomed to be tolled. Register origin. fol. 87. b.  
Thingus. Cromptons' Iurisd. fol. 197. seemeth to be used for the Saxon Thegne. See Thanus. His words are these, speaking of a Charter or Grant made by a Lord of a Forest. Scietis me concessisse omnibus militibus, & omnibus thing, & omnibus liberè tenentibus, qui manent in Forestamea do Honore de Lancaster, quòd possunt, etc. Fleta writeth it Tlem, & saith, quod significat liberum.  
Then, significat servum. Fleta li. prim. cap. 47. See Thanus, and Thingus.  
Thridborow, is used for a constable. anno 28. H. 8. cap. 10. which also is noted by M. Lamberd in his Tractate entitled: The duty of Constables, pag. 6. which seemeth to be corruptly used for the Saxon (freoborh. i. ingenuus fide iussor,) or (freborheshe ofod. i. vas primarius) Idem. in his explication of Saxon words. verbo. Centuria.  
third with hawan man (trium noctium hospes) who if he did any harm, his host, by the laws of Saint Edward, and of the Conqueror, was answerable for the harm. Rogerus Hoveden part poster suorum annal. fol. 345.  
Thokei of fish, anno 22. Ed 4. cap. 2.  
Tholl (Thollonium) est libertas emendi, & vendendi in terra sua. Archainom. Lamb. fol. 132. See Toll.  
Thrave of corn, anno 2. H. 6. ca 2. consisteth of two shookes: and every shaken containeth 6. sheaves. It seemeth to be a word proper to the north parts.  
Thrimsa, cometh of (Threo) that is three, and signifieth a piece of money of three shillings. Lamb. expla. of Saxons words. verbo Thrimsa.  
Tilsen of saten, anno 1. H. 8. ca 14.  
Tince●, cometh of the French (Estincelle. i. scintilla) or the verb (Estinceller. i. scintillare) It signifieth with us a stuff or cloth made partly of silk and partly of gold or silver, so called because it glistereth or sparkleth like stars.  
Tissu, is a French word signifying as much as (woven) Cloth of Tissue, with us cloth of silk and silver, or of silk, and gold woven together.  
Tithe (Decimae) seemeth to be an abbreviat of (tithing) being the Saxon (Teothung) a little altered, which signifieth Decuriam, Lamb. explica. of Saxon words. verbo. Decuria. It signifieth in our common law, the tenth part of all fruits predial, or personal, which be due to God, and so consequently to his Minister, toward the recompense of his pains taken in instructing his charge, how to live after God's commandments, and his continual intercession that he doth or aught to make unto God for their both spiritual and temporal blessings Leuit. cap. 27. versu. 30. I say the tenth part, though Covarruvias with other learned Canonists and Schoolmen, hold the rate of tithes, not to be necessarily the tenth part of the fruits by the moral law of God. Yet the better and more theological opinion is, that they are all deceived, and that from their error hath sprung much wrong to almighty God, and great mischief to his church: & that by the law of God and nature no contrary custom ought to last any longer, than the parson and parishioner shall both think well of it. Wherefore those customs of paying a halfpenny for a lamb, or a penny for a calf by such as have under seven in one year, how long so ever it hath endured, is but very unreasonable in these days, when both lamb and calves are grown four times dearer, and more than they were when this price was first accepted. And therefore no man dischargeth well his conscience in this point that payeth not duly the tenth of every Lamb, every calf, and every otherthing titheable. For by this course the minister fareth well or evil in a proportion with his parishioner, as it pleaseth God to give increase, whereas by any other order the one or the other shall find want of indifferency, as the prices of things shall rise or fall.  
Tithing (Tithingum) is the Saxon word Teothung for the which see (Tithe) It signifieth (as M. Lamb. saith in his duty of Constables) the number or company of ten men with their families cast, or knit together in a society, all of them being bound to the King for the peaceable and good behaviour of each of their society. Of these companies was there one chief or principal person, who of his office was called (Toothung man) at this day in the West parts (Tithingman) But now he is nothing but a Constable. For that old discipline of Tithings is left long sithence. It signifieth also a court, anno 23. Ed. 3. cap. 4. & anno 9 H. 3. cap. 35. See Chief Pledge and Frank pledge, and Decennier. Tithing is used for a Court. Magna charta, cap. 25. and Merton, cap. 10.  
Todde of wool, is a quantity containing 28. pound in weight, or two Stone.  
Tossed (Tostum) is a place, wherein a mesuage hath stood West. part 2. symbol. titulo Fines sect. 26.  
Toil, cometh of the French (Toil. i. tela) and signifieth with us a net of cord to compass or take Dear.  
To lange and to bred. See Bred.  
Tolle (Tollere) as it is a verb signifieth to defeat or take away, anno 8. H. 6. cap. 9  
Toll, aliás Tholl (Tolnetum, aliás Theolonium) is a Saxon word, and hath in our common law two significations: first it is used for a liberty to buy and sell within the precincts of a manner. Lamb. Archainom. fol. 132. which seemeth to import so much as a fair or market. The words be these: Thol (quod nos dicimus Tholonium) est scilicet quod habeat libertatem vendendi & emendi in terra sua. In the second signification it is used for a tribute or custom paid for passage, etc. as in Bracton. Si cui concedatur talis libertas quòd quietus sit de Theolonio & consuetudinibus dandis per totum Regnum Angliae in terra & mari, & quod Theolonium & consuetudines capiat infra libertatem suam de ementibus & vendentibus, etc., lib. 2. cap. 24. num. 3. But even there in the end of the second number he hath this word, Toll (as it seemeth) in the former signification also, which by these words above written following a little after, he interpreteth to be a liberty as well to take as to be free from Tolle. The made Latin word (Theolonium) Cassanaus in consuetud. Burgund. pag. 118, deriveth a Tollendo) but I rather think it cometh from the greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) or (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉). i. vectigalium redemptio, vel etiam vectigalium exactio) Fleta hath these words of it: Tol significat acquietantiam Theolonii ubique in Regno, lib. pri. cap. 47. M. Skene de verb. signify. verbo Toll, saith it is a custom, and that it cometh from the Greek word of the same signification (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) and that he who is enfeoffed with Toll, is custom free, and payeth no custom: which is manifest by sundry old books, wherein it is written: Toll, hoc est quod vos & homines vestri de toto homagio vestro sint quieti de omnibus mercantus, & de Tolneto, de omnibus rebus emptis & venditis. Thus far he. Kitchen fol. 104. maketh mention of Tolle through, and Toll Travers, his words be to this effect. Custom or prescription to have Toll through in the high way, is not good: for it is against the common right. But to have prescription of Tolle Travers, is good. In which place the difference between the one, and the other the new expositor of law terms faith to be, that tolletravers is that money, which is taken for passing over a private man's ground. But this author seemeth to differ from Kitchen touching the lawfulness of tolle through, saying that by reason of a bridge provided at the cost and charge of the town, for the ease of travelers, he thinketh it reasonable, that tolle through be exacted toward the maintenance thereof: which writer also maketh mention of tolle turn: and that he defineth to be tolle paid for beasts driven to be sold, though they be not sold indeed. Where, I think, he must mean a tolle paid in the return homeward from the fair or market, whether they were driven to be sold. Plowden, casu Willion, fo. 236. agreeth in this definition of tolle travers. And this the Feudists call parangariam, defining it to be sumptus & labores ferendi referendiue alicui●s causa a principe impositi, cum non per viam, sed aliò versùm iter suscipitur. l. 2. Co. de Episc. & cleri. a graeco (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉). i. transitus per viam transversam. Gothofred. ad. l. 4. §. 1. Π. de vetera. I find in Andrew Horns mirror of justices, lib. 1. cap. des articles, etc. that by the ancient law of this land, the buyers of corn or cattles in fairs or markets, aught to pay tolle to the Lord of the market, in testimony of their contract there lawfully made in open market: for that privy contracts were held unlawful.  
Toloneum or Breve de essends quietum de Toloneo, is a writ that lieth in case, where the Citizens of any City, or Burgesses of any town, be quit from tolle by the grant of the king's predecessors, or prescription: which you have at large in Fitzh. nat. br. fol. 226. See Telonium.  
Tolt (Tolta) is a writ whereby a cause depending in a court Baron, is removed into the county court. Old. nat. br. fol. 2. The reason of the appellation seemeth ●o come from the verb (Tollo) v: Cook, lib. 3. in praefatione ad lectorem.  
Ton. See Tun.  
Tonnage, is a custom or impost due for merchandise brought or carried in tonns and such like vessels, from or to other nations after a certain rate in every ton anno 12. Ed. 4. ca 3. anno 6. H. 8. ca 14. & anno pri. Ed. 6. cap. 13. anno pri. jacobi, cap. 33. I have heard it also called a duty due to the Mariners for unloading their ship arrived in any haven after the rate of every ton.  
Torny. See Turney.  
Totted anno 42. Ed. 3. cap. 9 & anno 1. Ed. 6. ca 15. is a word used of a dept, which the foreign Apposer or other officer in the Exchequer noteth for a good dept to the King by writing this word (Tot) unto it.  
Turn. See Turn.  
Tout temps priest & uncore est: that is to say in English, Alway ready and is at this present: this is a kind of plea in way of excuse or defence unto him that is siewed for withhoulding any dept, or duty belonging to the plaintiff. See of this Brook his Abridgement, fol. 258.  
Trail baston. See justices of trial baston.  
Traitor (traditor, proditor) See Treason.  
Transgressione, is ywrit, called commonly a writ or action of trespass. Of this Fitzherbert in his Naturabre: hath two sorts: one Vicountiel, so called, because it is directed to the shreeve, and is not returnable but to be determined in the county: The form whereof differeth from the other, because it hath not these words: Quare vi & amiss, etc. and this see in Fitzh. nat. br. fol. 85. G. The other is termed a writ of trespass upon the case, which is to be siewed in the common Bank, or the King's Bench, in which are always used these words vi & armis, etc. And of this you have Fitzh. nat. br. fol. 92. E. See Trespass. See the divers use of this writ in the Register original, in the table.  
Transcript, anno 34. & 35. H. 8. cap. 14. is the copy of any original written again or exemplified.  
Transcripto Recognitionis factae coram justiciariis itiner antibus, etc. is a writ for the certifiing of a Recognisance, taken before justices in Eire, into the Chancery, Register orig fol. 152. b.  
Transcripto pedis finis levati mittendo in Cancellariam, is a writ for the certifiing of the foot of a fine levied before justices in Eyre, etc. into the Chancery, eodem. fol. 169. & Register judicial, fol. 14.  
Travers, cometh of the French (Traverser. i. transfigere) It signifieth in our common law sometime to deny, sometime to overthrow, or undo a thing done. Touching the former signification take these words in west's symbol. part 2. titulo Chancery, sect. 54. An answer (saith he, speaking of an answer 〈◊〉 a bill in Chancery) is that, which the Defendant pleadeth or saith in bar to avoid the plaintiffs bill, or action, either by confession and avoiding, or by denying and traversing the material parts thereof. And again, sectio. 55. A replication is the plaintifles speech or answer to the Defendants answer, which must affirm and persiew his bill, and confess and avoid, deny or traverse the Defendants answer. And the formal words of this travers are in Lawyers French (sans ceo) in Latin (absque hoc) in English (without that.) See Kitchen fol. 227. titulo Affirmative & Negative. In the second signification I find it in Stawnfords' praerog. cap. 20. through the whole chapter, speaking of traversing an office: which is nothing else, but to prove, that an inquisition made of goods or lands by the escheator, is defective and untruly made. So traversing of an Indictment, is to take issue upon the chief matter thereof: which is none other to say, then to make contradiction, or to deny the point of the inditement. As in presentment against A. for a high way overflown with water for default of scouring a ditch, which he and they, whose estate he hath in certain land there, have used to scour and cleanse. A. may traverse either the matter, viz. 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, etc. or that he and they whose estate, etc. have not used to scour the ditch. Lamb. Eirenarcha. lib. 4. cap. 13. pag. 521 522. Of Travers see a whole chapter in Kitchen, fol. 240. See the new book of Entries. verbo, Travers.  
Treason (traditio, vel proditio) cometh of the French, trahison, i. proditio) and signifieth an offence committed against the amplitude and majesty of the commonwealth. West part 2. symbol. titulo Inditements. sect. 63. by whom it is there divided into High treason, which other call altam proditionem, and petit treason. High treason he defineth to be an offence done against the security of the common wealth, or of the Kings most excellent Majesty: whether it be by imagination, word, or deed: as to compass or imagine treason, or the death of the Prince, or the Queen his wife, or his son and heir apparent, or to deflower the King's wife, or his eldest daughter unmarried, or his eldest sons wife: or levy war against the King in his Realm, or to adhere to his enemies, aiding them, or to counterfeit the King's great Seal, privy Seal, or money, or wittingly to bring false money into this Realm counterfeited like unto the money of England, and utter the same: or to kill the King's Chancellor, Treasurer, justice of the one bench, or of the other, justices in Eyre, justices of Assize, justices of oyer and terminer, being in his place, & doing of his office. anno 25. Ed. prim. ca 2. or forging of the King's seal manuel, or privy signet, privy seal, or foreign coin current within the Realm 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 only. And it is also called treason Paramount. anno 25. Ed. 3. cap. 2. The form of judgement given upon a man convicted of high treason is this. The King's Sergeant after the verdict delivered, craveth judgement against the prisoner in the behalf of the King. Then the Lord Steward (if the traitor have been noble) or other judge (if he be under a peer) saith thus: N. Earl of P. For so much as thou before this time hast been of these treasons indicted, and this day arraigned for thee same, and put thyself upon God and thy peers, and the Lords thy peers have found thee guilty, my judgement is that thou shalt from hence be conveyed unto the Tower of London, whence thou camest, and from thence drawn through the midst of London to Tyburn, and there hanged: and living thou shalt be cut down, thy bowels to be cut out and burnt before thy face, thy head cut off, and thy body to be divided in four quarters, and disposed at the King's majesties pleasure: and God have mercy upon thee.  
Petit treason is rather described by examples, than any where logically defined: as when a servant 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' justice of peace. And this manner of treason giveth forfeiture of Escheats to every Lord within his own 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 inventus) is as much as in true French (Tresor trowè). i. treasure found: and signifieth in our common law, as it doth in the Civil law, idest, veterem depositionem pecuniae, cuius non extat memoria, ut iam dominum non habeat. l. 31 §. prim. Π. de acquir. rerum Dom. Near unto which definition cometh Bracton. lib. 3. tract. 2. cap. 3. num. 4. And this treasure found, though the civil law do give it to the finder, according to the law of nature; yet the law of England, giveth it to the King by his prerogative, as appeareth by Bracton ubi supra. And therefore as he also saith in the sixth chapter, it is the Coroners office to inquire thereof by the country to the King's use. And Stawn. pl. cor. lib. pr. cap. 42. saith, that in ancient times, it was doubtful, whether the concealing of treasure found were felony, yea or not: and that Bracton calleth it gravem praesumptionem, & quasi crimen furti. But the punishment of it at these days, as he proveth out of Fitzh. Abridgement. pag. 187. is imprisonment, and fine, and not life and member. And if the owner may any way be known, then doth it not belong to the king's prerogative. Of this you may read Britton also; cap. 17. who saith, that it is every subjects part, as soon as he hath found any treasure in the earth, to make it known to the Coroner of the country, or to the Bailiffs, etc. See Kitchen also, fol. 40.  
Treasurer, thesaurarius, cometh 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 us, is the Treasurer of England, who is a Lord by his office, and one of the greatest men of the land: under whose charge and government is all the Prince's wealth contained in the Exchequer, as also the check of all Officers any way employed in the collecting of the Imposts, tributes, or other revenues belonging to the Crown. 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 affirm, that the Lord chief justice had this authority 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 ut ad Domini Regis utilitatem just perveniant: Hic tamen inter caetera videtur excellens, quod potest his sub testimonio suo breve Domini Regis facere fieri, ut de thesauro quaelibet summa liberetur, vel ut computetur quod sibi ex Domini Regis mandato praenoverit computandum, vel si maluerit, breve suum sub aliorum testimonio faciet de his rebus. This high Officer hath by virtue of his office at this day, the nomination of the Escheatours yearly throughout England, and giveth the places of all customers, controllers, and searchers in all the ports of the Realm. He sitteth in the chequer chamber, and with the rest of the court, ordereth things to the King's best benefit. He with the Barons may by statute stall depts of three hundred pounds and under. And by commission from his majesty, he with others joined with him, letteth leases for lives or years, of the lands that came to the Crown by the dissolution of Abbeys. He by his office giveth warrant to certain men to have their wine without impost. He taketh declaration of all the money paid into the Receipt of the Exchequer, and of all Receivers accounts.  
Then is there a Treasurer of the king's household, who is also of the privy Council, and in the absence of the Steward of the King's household, hath power with the Controller and the Steward of the Marshalsea, without commission to hear and determine treasons, misprisions of treasons, murder, homicide, and bloodshed, committed within the King's palace. Stawnf. pl. cor. lib. 3. cap. 5. In the statute anno 28. Rich. 2. cap. 18. & anno 11. H. 7. cap. 16. mention is made of the Treasurer of Calis. In Westm. 2. cap. 8. of the Treasurer of the Exchequer. & anno 27. Ed. 3. stat. 2. cap. 18. & ann. 35. Eliz. cap. 4. Of the Treasurer of the Navy, or Treasurer of the wars or garrisons of the Navy. anno 39 El. cap. 7. Treasurer of the King's chamber. anno 26. H. 8. cap. 3. & anno 33 eiusdem cap. 39 Treasurer of the wars. anno 7. H. 7. cap. prim. anno 3. H. 8. cap. 5. Treasurer of the Chancery. West. part 2. symbol. titulo Fines. sect. 152. Treasurer of the King's Wardrobe. anno 15. Ed. 3. stat. prim. cap. 3. & anno 25. eiusdem, stat. 5. cap. 21. whose office you have well set forth in Fleta, lib. 2. cap. 14. Treasurer of the County for poor soldiers. anno 35. Eliz. cap. 4. And most corporations through the kingdom, have an officer of this name, that receiveth their rents, and disburseth their common expenses.  
Treat cometh of the French (traire. i. emulgere) and signifieth in the common law, as much as taken out, or withdrawn. As a jurour was challenged, for that he might not dispend 40. pounds, and for that cause he was treat by the Statute. old na. br. fol. 159. that is, removed or discharged. Bread of treat, anno 51. H. 3. Statute of bread, etc. what it signifieth, I cannot learn.  
Trespass (Transgressio) is a French word signifying as much as Mors, obitus, excessiss. The reason whereof I take to be, because in interpretation it is a passage from one place or estate to another: for in Britton, cap. 29. I find trespassants for passengers. In our common law and language, it is used for any transgression of the law, under treason, felony, or misprision of treason, or of felony, as may be gathered out of Stawnf. pl. cor. fol. 38. where he saith, that for a Lord of the Parliament to depart from the Parliament without the king's licence, is neither treason nor felony, but trespass. And again, fol. 31. saying, that where it was wont before the statute made anno prim. Ed. 2. called Statutum de frangentibus prisonam, that the breach of prison was felony, if it were the King's prison: it is sithence but trespass, except the prisoner were committed for felony. But it is most commonly used for that wrong or damage, which is done by a private man to the King, as in his Forest, pl. cor. lib. 2. cap. 18. or to another private man. And in this signification it is of two sorts: trespass general, otherwise termed, trespass vi & armis: and trespass especial, otherwise called trespass upon the case. And this seemeth to be without force. Terms of the Law. Action upon the case, as appear by Kitchen, fol. 176. The former I take to be called general, because it riseth from that general ground in law, that whatsoever is done by any private man's humour vi & armis, is an offence. The later I call especial, because Kitchen calleth the other general: and another reason may be this, because it springeth from a particular case or fact, not contained under any other general head. And the action lying for this trespass, is otherwise called an action upon the case, as may be gathered out of divers places under the title Trespass, in Brooks his Abridgement. How to distinguish the form of these writs or actions, See Fitz. nat. br. fol. 86. I. & 87. H. I. In an action of trespass, this is perpetual, that the plaintiff sueth for damages, or the value of the hurt cone unto him by the Defendant. It seemeth an hard thing to distinguish these two kinds of trespasses so, as to be able to say when it is a trespass vi & armis, and when upon the case: as may well appear to him that shall peruse this title in Brook. But this is to be left to the experience of grave and skilful pleaders. I find moreover in Kitchen, fol. 188 that there is a trespass local, and trespass transitory: trespass local is that, which is so annexed to a place certain, as if the Defendant join issue upon the place, and travers the place, only by saying, Absque hoc, that he did the trespass in the place mentioned in the declaration, and aver it, it is enough to defeat the action. Trespass transitory is that, which cannot be defeated by the defendants travers of the place, saying: without that I committed the trespass in the place declared: because the place is not material. Examples of both you have set down by Kitchen, in the place above named, to this effect: travers by (Absque hoc) of trespass in battery, or goods brought in, is transitory, and not local: as it is of trees cut, or herbs.  
And therefore in trespass transitory the place shall not make issue, neither is it traversable: no more than is a trespass upon a case of an Assumption. Bracton in his fourth book, cap. 34. num. 6. divideth transgressionem in maiorem & minorem: which place read. See also great diversity of trespasses in the new book of Entries. verbo Trespass.  
Trial (triatio) is used in our common law, for the examination of all causes civil or criminal, according to the laws of our Realm. Of this word Stawn. pl. cor. lib. 2. cap. 26. writeth to this effect. There was a statute made prim. & secund. Philip. & Mar. cap. 10. to this purpose. And be it further enacted by the authority aforesaid, that all trials hereafter to be had, awarded or made for any treason, shall be had and used according to the due order and course of the common laws of this Realm, and not otherwise, etc. By this word (trial) saith Stawnf. in that place, some understand as well the inquest that indicteth a man as the inquest upon the arraignment, that attainteth or acquitteth him. For these two make but one entire trial, that every man is to have, when he is impeached of treason. But others have answered to this, that trial in common speech, is the trial that a man is to have, after he is indicted, and not before. For in law the indictment is nought, but the accusation against him, which he is to make answer unto and that being tried, it either attainteth, or acquitteth him. So that the trial is the issue, which is tried upon the Indictment, & not the Indictment itself. For that is no part of the thing which trieth, but the thing which is tried, and the offence. And so is this word Trial understood in the statute, anno 33. H. 8. cap. 23. where it saith thus. must be indited within the shires or places, where they committed their offences, and also tried by the Inhabitants, or feeeholders. So he putteth a differens ce between Indictment and Trial, as he doth also afterward in these words: There to be indicted and tried of their offences, etc. Thus far: Stawnf. Sir. Tho. Smith de Rep. Anglo. li 2. ca 5. saith, that by order and usage of England, there are three trials, that is. 3. ways and manners, whereby absolute, and definite judgement is given: by Parliament, which is the highest, and most absolute. by battle and great Assize: which he severally describeth in 3. chapters following, though not so fully as the thing requireth. But of the great Assize, he speaketh at large in the 23. chapter of the same book. And of these trials see more in Stawnf. pl. cor. lib. 2. cap. pri. 2. & 3. whereof he divideth the great Assize into two sorts: one proper to Baro● of the Parliament, which is by 20. or 18. of their Peers: the other common to others of lower condition, which is by 12. men, that be neighbours to the place where the offence was committed, And of those you may read him at large in the said chapters there following. See Twelve men. See the new book of Entrise. verbo. Trial.  
Trihing (Trihinga, vel Trithinga) seemeth by a place in Edward the confessors laws, set out by M. Lamberd, nu. 34. to be the third part of a shire or province, otherwise called (Leth) which we now call (Leete). The same law doth M. Camden also mention, pag. 102. & 103. This court is ahove a court Baron, and inferior to the Shire, or county. This word is also used in the sentence of excommunication upon the great Charter and charter of the Forest. denounced in the days of Edward the first, as it is latined in the book called pupilla oculi. part 5. cap. 22. A. I. in these words: Visus autem de franco plegio sic fiat, sc: quòd pax nostra teneatur, & quoth Trihing a integra sit, sicut esse consuevit, etc. Of this Fleta lib. 2. cap. 61. §. final. writeth thus; Sciendum est quod al●● potestates erant super Wapentakia, quae Tritinga dicebantur, eo quòd erat tertia pars provinciae, qni verò super eas dominabantur, trithingreves vocabantur, quibus deferebantur causa quae non in Wapentakiis poterant definiri in Schiram Sicque quòd vocatur Hundredum, iam per variationem locorum & idiomatis, Wapentakie appellatur, & tria vel quatuor velplura Hundreda solebant trithinga vocari: & quoth in trithingis non poterant diffiniri in shiram. i. in comitatum deferebatur terminandum. Modernis autem temporibus pro uno & eodem habentur apud homines Hundreda Wapentakia & trithinga Learn whether those divisions in Yorkshire called ridings, be not quasitrithings. Of this Roger Hoveden part post. suorum annal. fo. 346. b. hath the same words in effect.  
Treswell of double sole shoes, anno 2. & 3. Ed. 6. cap. 9 which as I have heard should rather be written creswel, signifieth the broad edge or verge of the shoe sole round about.  
Trinity honse, is a certain house at Deptford which belongeth to a company or corporation of seafaring men that have power by the King's Charter to take knowledge of those that destroy sea marks, and to redress their doings, as also to correct the faults of sailors, etc. and to take care of divers other things belonging to navigation and the seas. v. anno 8. Elizab. ca 13. & anno 35. eiusdem, ca 6.  
Trink, is a kind of net to fish withal. anno 2. H. 6. cap. 15.  
Triours, be such as be chosen by the court to examine whether a challenge made to the panel, or any of the panel, be just yea, or not. Brooke titulo. Challenge. f. 122. & old na. br f. 158.  
Tritis, aliás Tristis, is an immunity from that attendance, in the forest, whereby every man dwelling in the forest, is tied to be ready, holding of a Greyhound, when the Lord of the Forest is disposed to chase within his Forest, at such place as he shall be appointed, or else to be amerced for does default. Manwood part pri. of his forest laws. pag. 86. and Cromptons' Iurisdict. fol. 192. & 197.  
Tronage (Tronagium) is a kind of tolle, Westm. 2. cap. 25. anno 13. Ed. 1. taken (as it seemeth) for weighing. For I find in Fleta li. 2. cap. 12. §. Item ulnas that trona is a beam to weigh with. See Weight.  
Trover, cometh of the French (Trouver. i. Invenire) It signifieth in our common law, an action which a man hath against one that having found any of his goods, refuseth to deliver them upon demand. See the new bookof Entries ver. Trover.  
Troy weight (Pondus Troiae) See Weight.  
Tumbril (Tumbrellum) is an engine of punishment, which ought to be in every liberty that hath view of frank pledge, for the coercion of skowldes and unquiet women, kitchen. fo. 13. a. New book of Entries. Franchise 2. & Quo warranto. 〈◊〉. See Cucking stool.  
Tun, is a measure of oil or wine containing twelve score and twelve gallons, anno 〈◊〉. R. 3. cap. 12. that is 4. hogsheads.  
Tonnage. See Tonnage.  
Turbarie (Turbaria) is an interest to dig turfs upon a common. Kitchen, fol. 94. old. not. br. fol. 70. It cometh of the rude Latin word (Turba) which is used for a turf. Lynd, in provin. de de●imis cap. finally  
Turmerick (Turmerica) is a certain root of an herb growing in Arabia, as I have been informed, very wholesome for divers diseases in horses, and sometime used for man also in the case of ieandes. It is reckoned among the garbleable drugs anno 1. jaco. ca 19  
Turn (Turnum) is the shreeves court kept every year twice: once after Faster, and again after Micheelmas. Magna charta cap. 35. and that within one month after each feast, anno 3. Ed. 3. c. 15. from this court are exempted only, Archbishops, Bishops, Abbots, Priors, Earls, Barons, all religious men, and women, and all such as have Hundreds of their own to be kept. And these are not bound to appear there except their appearance be especially required upon some extraordinary cause, anno 25. H. 3. cap. 10. and Britton, cap. 29. It seemeth to be called the Shyreeves Turn of the French word (Tour. i ambitus. circuitus, vicissitudo) and is of Britton called Tour, cap. 61. sub fine capitis, as if we would say (The Shyreeve his course) for (as Britton noteth in the said 29. chapter) that which before the shreeve, is called the Shyreeves Turn, is called in the court of franchises and Hundreds, the view of Frankpledge: wherein inquiry is especially made of such as be not in any dozen. with whom Fleta agreeth: And by Fleta it appeareth that this Turn was the Shyreeves course to keep his courtin every Hundred. lib. 2. cap. 52. in princip. So that as the inferior courts had their times to take knowledge of those, and other causes belonging to their cognisance: So the shreeve had his course or turn to do the like at these two several seasons. That if there were any defects in them, it might be redressed in these, and God's peace and the Kings so much the more carefully observed. This, as Lamberd saith, was of old called also the shreeves moot, lib. 4. cap. 4. In this court (as Britton saith ubisupra) the shreeve causeth tobe found out 12. of the most sage, loyal and sufficient men of all the Hundred (for he kept his turn twice every year in each Hundred. Magna charta, cap. 35. & Britton ubi supra) whom he charged upon their oaths, to present the truth touching the articles ministered unto them, and set down by Britton in the same chapter. This done he put all other to their oaths, according to their dozins and villages; truly to present unto the former twelve all things concerning such articles, as by them they should be asked of. But sithence the Hundred courts are all called to the county by the statute anno. 14. Ed. 3. cap. 3. Statut. pri. these Turns be likewise kept in one chief place of every shire; and not severally in every Hundred, as before they were. Of this you may read more in Britton or in Cromptons' jurisdiction fol. 230. and in the Mirror of justices, lib. pri. cap. de Turns.  
Turney (Torneamentum) cometh of the French (Tournoy. i. Decursorium) It signifieth a martial exercise of Knights or Soldiers fight one with another in disport, and is thus defined. ca● felicit Extra de Torneamentis Torneamenta dicuntur Nundinae vel feriae, in quibus milites ex condicto convenire, & ad oftentationem virium suarum, & audaciae, temerè congredi solent. This word is used in the statute, anno. 24. Henric. octau. capit. 13. and as I have heard, it signifieth with us in England those combats, that are made with arming swords on horseback. And I think the reason of the name to proceed from the French (Turner. i. vertere) because it consisteth much in agility both of horse and man.  
Turno vececomitum, is a writ, that lieth for those that are called to the shreeves turn out of their own Hundred. Register orig. fol. 174.  
Tuain nithes' gest. (hospes duarum noctium) Roger Hoveden, part poster suorum annalium, fol. 345. b. who if he did harm to any, his host was not answerable for it, but himself. See third nithes' hawan man.  
Twelve men (Duodecim homines legales) is a number of twelve persons, or up wards to the number of 24. by whose discretion all trials pass both in civil and criminal causes, through all courts of the common law in this Realm. First for civil causes, when proof is made of the matter in question, as the parties and their council think good, on both sides, the point of the fact, that they are to give their verdict of, is delivered likewise unto them, which we call the issue: and then are they put in mind of their oath formerly taken, to do right between party and party, and so sent out of the court severally by themselves to consider upon the evidence of both sides, until they be agreed; which done they return to the court again, and deliver their verdict by the mouth of the foreman. And according to this verdict, judgement afterward passeth, either condemnatory for the plaintiff, or absolutory for the Defendant. These 12. be called 12. milites. Glanuilo, lib. 2. cap. 14. & 15. and so be they in Bracton divers times: but that word is altered.  
In causes criminal there be two sorts of Inquests, one called the grand inquest, and the other the inquest of life and death. The grand inquest is so called, either because it consisteth commonly of a greater number than 12. as of 24. 18. or 16. at the least, or else because all causes criminal or penal first pass through them: whereas the other inquest is especially appointed for one or few matters touching life and death, committed to their considerations. Those of the grand inquest are also called by Bracton 12. milites lib. 3. tracta. 2. cap. pri. nu. 2. because they were wont to be Knights, as it see. meth, and not inferiors, except so many knights could not be found. Idem eodem. num. 1. in fine. And their function is to receive all presentments made unto them of any offence, and accordingly to give their general opinion of the presentment by writing either these words (Balla vera) upon the bill of presentment, which is an Indictment of the party presented: or else this word (Ignoramus) which is an absolving of him. Now as criminal causes be of two sorts, either capital touching life and member, or finable: so is there a double course of these Inditements. For in causes only finable, the party indicted must either travers the Indictment by denying it and so it is referred to a petit jury, whereby he is either convicted or discharged of the crime, or else he confessing it, the court setteth his fine upon his head wirhout more work. But in matters of life and death, the party indicted is commanded to hold up his hand, & answer (guilty) or (not guilty) if (guilty) he standeth convicted by his own confession: if (not guilty) he is farther referred to the inquest of life and death: which consider upon the proof brought against the prisoner, and accordingly bring in their verdict, (Guilty) or (not Guilty) So is he judged to die, or delivered by the court. Of this read more in juditement. Assize, jury, See the statute anno 35. H. 8. cap. 6. & 37. ciusdem cap, 22. & anno 2. Ed. 6 cap. 32. & an. 5. El. ca 25.   

V  
VAcation (vacatio) hath an especial signification in this kingdom, being used for all that time respectively which passeth between term and term at London. And when such times begun and ended in our anncesters days, see Roger Hovedens annals part posteriori fo. 343. a. where you shall find that this intermission was called (pax Dei & ecclesiae.)  
vaccary, aliâs vacharie (vaccaria, aliâs vacheria) seemeth to be a house to keep kine in, Fleta lib. 2. cap. 41. §. Item inquiratur 12. and Cromptons' Iurisd. fol. 194. in these words: without warrant no subject may have within the Forest a vacarie. But in the statute anno 37. H. 8. cap. 16. I find vacharie to be, as it were a special proper name of a certain quantity and compass of ground within the forest of Ashedowne.  
Value (valentia, valour) The word is in itself plain enough: But I cannot omit one place in M. West. part. 2. symbol. titulo Inditements, sect. 70. V. W. touching the difference between value and price. These be his words, And the value of those things, in which offences are committed, is usually comprised in Inditements, which seemeth necessary in thest, to make a difference from perit larceny: and in trespass, to aggravate the fault, and increase the fine. But no price of things ferae naturae, may be expressed, as of dear, of hares etc. if they be not in Parks and warrens, which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land. And where the number of the things taken are to be expressed in the Indictment, as of young Doucs in a Dove house, young hawks in a wood, there must be said (pretii) or (ad valentiam) but of divers dead things (ad valentiam) and not (pretii) of coin not current, it shallbe (pretii) but of co●ne current, it shall neither be said (pret●) nor (ad valentiam) for the price and value thereof is certain. But of counterfeit coin, shall be said (ad valentiam) and in couterfeiting of coin shall not be said (decem libras in denariis Dominae Reginae) nor (in pecunia Dominae Reginae) but (ad instar pecuniae Dominae Reginae).  
Valour of marriage (Valour maritagii) is a writ that lieth for the Lord, having proffered covenable marriage to the Infant, without disparidgement, against the Infant, coming to his years, if he refuse to take the Lords offer. And it is to recover the value of the marriage, Regist. orig. fol. 164. old. nat. br. fol. 90.  
Variance, cometh of the French (varier. i. alter are) it signifieth in the common law, an alteration, or change of condition after a thing done. For example, the communality of a town make a composition with an Abbot. Afterward this town by a grant from the king obtaineth Bailiffs. This is a variance, and in this case, if the Abbotcommence any suit for breach of the composition, he must vary from the words of the communality set down in the Composition, and begin against the Bailiffs and the Commonalties. Brooke tit. Variance. fol. 292. It is also used for an alteration of some thing formerly laid in a plea, which is easilier known what it is, then when it may be used as it appeareth by Brook through the whole title aforesaid: See variance in the new book of Entries.  
Vassal, (vassallus) signifieth him, that holdeth land in see of his Lord, Hot. verbo Feudal: we call him more usually a tenant in fee: whereof some owe fidelity and service, and are called vassalli iurati: some that owe neither, and are called vassalli iniurati. But of this later sort, I think that in England we have not any. Of these thus writeth Hotoman in his disputations upon the Feuds, cap. 3. Propriè is vassa dicitur, qui ab Imperatore regal feudum accepit, vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est: quasi qui in vassi fide & clientela est etc. M. Skene de verbor. signif. verb. Ligentia, saith, that vassallus is divided into homologum, & non homologum. Homologus is he that sweareth service with exception of a higher Lord: and non homologus, is he that sweareth with out exception, all one with Ligeus. And the same author verb. Vassallus, saith, that it is vassallus, quasibassallus, id est, inferior soctus. From the French (bas. i. humilis, dimissus) and the Dutch word (gesel. i. socius:) his reason is, because the vassal is inferior to his master, and must serve and reverence him: and yet he is in manner his companion, because each of them is obliged one to the other. He saith farther out of Cuiacius, lib. prim. de Feud. that leads, leodes, fideles, homines nostri, feudatarii, ministeriales, beneficiarii, beneficiati, vassalli, signify almost all one thing. And a little after he saith thus: In the laws of the Feuds, vassallus is called fidelis, quia fidelitatem jurat. Amongst vassals the first place of dignity is given to them, that are Deuces, Marchion●s, Comites, and are called Cap●tanti Regni. The second is granted to Barons and others of like estate, and are called Valvasores Maiores. The third to them who are called Gentlemen or Nobles holding of Barons, which also may have under them vassals that be Gentlemen. And such vassals holding in chief of Barons, are called Valv aso●ts minores. And they which hold of Gentlemen, are called vassalli, valvassini, seu minimi valvasores. But in this Realm (he speaketh of Scotland) they that hold of Barons, are called Milites, and they that hold of them, are called subvassores. Thus fa●e M. Skene.  
Vasto, is a writ that lieth for the heir against the tenant for term of life or of years, for making waste, or for him in the Reversion or Remainder. Fitzh. 〈◊〉. br. fol. 55. Regist. orig. fol. 72. & 76. and Regist. judic. fol. 17. 21. 23. & 69. v. anno 6. Ed. pricap. 5.  
Vavasour (vavasor, aliâs, valvasor) is one that in dignity is next unto Baron. Camden Britan. pag. 109. Bracton lib. prim. cap. 8 saith thus of this kind of men. Sunt & alii potentes sub Rege, qui dicuntur Barones, hoc est, robur belli: sunt & alii qui dicuntur Vavasores, viri magnae dignitatis. Vavasor enim, nihil meliùs dici poterit, quam vas sortitum ad valetudinem. jacobutius de Franchis in praeludio Feudorum. tit. prim. num. 4. etc. calleth them valvasores, and giveth this reason of it: Quia assident valva i. portae Domini in festis, in quibus consueveruat homines curtizare & eye reverentiam exhibere, propter Beneficium eis collatum, sicut libertus patrono: M. Camden. in his Britan. pag. 108. hath these words of them. Primus etiam Normannorum temporibus, & Thani proximi à Comitibus in dignitate censebantur. Et valvasores maiores (si illis qui de feudis scribunt credimus) iidem fuerunt Barones.  
Venditioni exponas, is a writ judicial, directed to the Vndershyreeve, commanding him to sell goods that he hath formerly by commandment taken into his hands, for the satisfying of a judgement given in the kings Court. Register judicial. fol. 33. b.  
Venire facias, is a writ judical, and goeth out of the Record, lying where two parties plead and come to issue. sc: upon the saying of the country. For then the party plaintiff, or Defendant shall have this writ directed to the shreeve, that he cause to come twelve lawful men of the same country, to say the truth upon the said issue taken. And if the inquest come not at the day of this writ returned, then shall go a habeas corpora, and after a distress until they come. old. nat. br. fol. 157. See how diversly this writ is used in the table of the Register judicial. There is also a writ of this name, that is original, as appeareth in the Register orig. fol. 200. b. which M. Lamberd in his processes annexed to his Eirenarcha saith to be the common process upon any presentment not being felony, nor especially appointed for the fault presented by statute. Whereof he setteth down an example in the same place. See also the new book of Entries. verbo inquest fol. 253. columna. 1. 2. & 3.  
Venire facias tot matronas. See Ventre inspiciendo. See Lamb. Eirenarcha, li. 4. ca 14. pa. 532.  
Venew (vicinetum) is taken for a neighbour or near place. As for example twelve of the Assize ought to be of the same Venew where the Demand is made. old. nat. br. fol. 115. and in the statute anno 4. H. 4. ca 26. & anno 25. H. 8. ca 6. I find these words: And also shall return in every such panel upon the (venire facias) six sufficient Hundreders at the least, if there be so many within the Hundred, where the Venew lieth.  
Ventre inspiciendo, is a writ for the search of a woman that faith she is with child, and thereby withhouldeth land from him that is the next heir at the common law. Register original fol. 227. a.  
Verdour (viridarius) cometh of the French (verdior. i. Saltuarius, vel custos nemoris) he is (as M. Manwood part pri: of his forest laws pag. 332. defineth him) a judicial officer of the King's forest, chosen by the King, in the full county of the same shire, within the forest, where he doth dwell, and is sworn to maintain, and keep the Assizes of the forest, and also to view, receive, and inrolle, the Attachments and presentments of all manner of trespasses of the forest of vert, and venison. And the same author upon the first artitle of Canutus' charter, in the beginning of the same part, saith, that these in the Saxons times were called (Pagened) being four in number, and they chief men of the forest as then they were. Their fee was in Canutus' time, each of them every year of the King's allowance, two horses, one of them with a saddle, another of them without a saddle, one sword, five javelins, one spear, one shield, and ten pounds in money. These four (as appeareth by the said charter, nu. 11.) had regalem potestatem, and might proceed to a threefold judgement: And if any man offered them, or any of them violence, if he were a free man, he should lose his freedom, and all that he had: if a villain, he should lose his right hand. All the officers of the forest were to be corrected and punished by them. ibidem, nu. 10. The verdour is made by the King's writ. Cromptons' Iurisd: fol: 165. the form of which writ you have in Fitzh. nat. br. fol. 164. which is directed to the shreeve for the choice of him in a full County, by the assent of the said County. Yet if a verdour be suddenly sick or dead at the time of the justice seat, a new may be chosen without a writ. Manwood parie prim. pag. 72. the office is (as Crompton saith) loco allegato) properly to look to the vert, and to see that it be well maintained. Also when any forfeiture is taken in the Forest before the Foristers, or other ministers: the price thereof shall be delivered to the verdour, who is to answer for it before the justices in Eyre. And if he die, his heir is chargeable therewith. Crompton ibidem. The form of his oath at his admittance you may see in Manwoods' first part of his Forest laws. pag. 51. who there calleth him verderour, aliâs, verdictor. You shall truly serve our Sovereign Lord the King in the office of a verderor of the Forest W. you shall to the uttermost of your power, and knowledge, do for the profit of the King, so far as it doth appertain unto you to do. You shall preserve and maintain the ancient rights and franchises of his Crown: you shall not conceal from his Majesty any rights or privileges, nor any offence either in vert or venison, or any other thing. You shall not withdraw, nor abridge any defaults, but shall endeavour yourself to manifest and redress the same, and if you cannot do that of yourself, you shall give knowledge thereof unto the King, or unto his justice of the Forest. You shall deal indifferently with all the King's liege people: you shall execute the laws of the Forest, and do equal right and justice, as well unto the poor, as unto the rich in that appertaineth unto your office: you shall not oppress any person by colour thereof, for any reward, favour or malice. All these things you shall to the uttermost of your power observe and keep. Their office is farther expressed, eodem pag. 93. which is to sit in the court of attachment, to see the attachments of the Forest, to receive the same of the Foresters and woodward's, that do present them, and then to enter these Attachments into their rolls.  
Verdict, (veredictum) is the answer of a jury or inquest made upon any cause civil or criminal, committed by the court to their consideration or trial. And this verdict is twofold: either general or especial. Stawnf. pl. cor. lib. 3. cap. 9 A general verdict is that, which is given or brought into the Court, in like general terms to the general issue: as in an action of disseisin the Desendant pleadeth, No wrong, no disseisin. Then the issue is this in general, whether the fact in question be a wrong or not. And this committed to the jury, they upon consideration of their evidence, come in and say, either for the plaintiff, that it is a wrong, and disseisin: or for the Defendant, that it is no wrong, no disseisin. And again, the prisoner at the bar pleading, Not guilty: the inquest in like general terms bring in their verdict, either for the King, Cuilty, or for the prisoner, Not guilty. A special verdict is that, whereby they say at large, that such a thing, and such, they find to be done by the Defendant, or Tenent, so declaring the course of the fact, as in their opinions it is proved: and for the quality of the fact, they pray the discretion of the Court. And this special verdict, if it contain any ample declaration of the cause, from the beginning to the end, is also called a verdict at large. Whereof read divers examples in Stawnf. pl. cor. lib. 3. cap. 9 and one or two in Litleton. fol. 78. & 79. See the new book of Entries, verb. Verdict.  
Verge (virgata) may seem to come from the French (verger i viridarium, hortus.) It is used here in England for the compass about the King's court, that boundeth the jurisdiction of the Lord Steward of the King's household, and of the the Coroner of the King's house, and that seemeth to have been 12. miles' compass. anno 13. R. 2. Stat. prim. cap. 3. & Fitz. nat. br. fol. 241. B. and Britton. fol. 68 b. 69. a. and Fleta lib. 2. cap. 2. and Sir Edward Cooks Reports. li. 4. fol. 47. a. For this see the Statute anno 33. H. 8. cap. 12. toward the end. But Fleta saith, that this compass about the Court is called virgata, a virga, quam Marishallus portat ut signum suae potestatis. lib. 2. cap. 4. §. prim. Verge hath also another signification, and is used for a stick, or rod, whereby one is admitted tenant, and holding it in his hand sweareth fealty unto the Lord of a manner: who for that cause is called Tenent by the verge. old nat. br. fol. 17.  
Vergers, (virgatores) be such as carry white wands before the justices of either bank, etc. Fleta lib. 2. cap. 38. otherwise called Porters of the verge.  
Very Lord, and very Tenent (verus Dominus, & verus Tenens) are they that be immediate Lord & Tenent one to the other; Brooke. titulo, Hariot. fol. 23. In the old nat. br. and in the writ (Replegiare de averits. fol. 42. I find these words: And know ye that in taking of leases, six things are necessary: that is to say, very Lord and very tenant, Service behind, the day of the taking, seisin of the services, and within his Fee. And know ye, that a man is not very tenant, until he have atturned to the Lord by some services. So that by Brook, the very Lord, and the very Tenent, must be immediate, and by this book there must be an acknowledgement. See an. 19 H. 7. cap. 15. See Tenent.  
Vert, (viride) is made of the French (verd. i. viridis) and signifieth with us in the laws of the Forest, every thing that doth grow, and bear green leaf, within the Forest, that may cover and hide a Deer. Manwood in the second part of his Forest laws, fol. 6. a. and fol. 33. b. (with whom also Crompton agreeth, fol. 170. of his Iurisd.) And vert (as the same author saith, eodem, fol. 34.) is divided into Over vert, and Nether vert. Over vert, is that, which the Lawyers call (Hault bois) and Nether vert, is that which they call (South bois.) And of this you may read him in his second part of Forest laws. cap. 6. per totum. Where you shall find, that he divideth vert into general, and special: General is, as it is above defined: vert special, is every tree and bush within the Forest to feed the Dear withal: as Pear trees, Crabtrees, Hauthornes, Blackbush, and such like. And the reason of this name is, because the offence of destroying of such vert, is more highly punished, then of any other, according to the quantity thereof. eod ca 6. nu. 2. fol. 35. a.  
Vervise, otherwise called Plonkets. anno. 1. R. 3. cap. 8. a kind of cloth.  
Vesses. anno 1. R. 3. cap. 8. & anno 14. & 15. H. 8. cap. 11. otherwise called, Set clothes.  
Vesture (vestitura) is a French word signifying a garment: but in the use of our common law, turned metaphorically to betoken a possession, or an admittance to a possession. So it is taken, Westm. 2. c. 25. anno 13. Ed. prim. And in this signification is it borrowed from the Feudists, with whom (Investitura) signifieth a delivery of possession by a spear, or staff, and vestitura, possession itself. Hotoman. in verbis feudal. verbo Investitura.  
Vesture of an acre of land. an. 4. Ed. prim. stat. prim. is the profit of it. & anno 13. Edvard. 1. cap. 25.  
Vice-treasurer of the Exchequer 1. jacob. 26. See under-treasurer of England. See Treasurer of the Exchequer.  
View of frank pledge, (visus Franci plegii) is the office which the Shyrecue in his County court, or the Bailiff in his Hundred, performeth in looking to the King's peace, and seeing that every free man be in some pledge. This is called of Bracton li. 2. ca 5. nu. 7. in fine, Res quasi sacra, quia solam personam Regis respicit, & quòd introductus sit pro pace & communi utilitate. codem, ca 16. nu. 8. in fine. See frank pledge, and Leete, and Decennier. See the new book of Entries. verb: view of frank pledge.  
Veiours (visores) cometh of the French (Veoyr. i. cernere, intueri, despicere, prospicere, videre) and signifieth in our common law those, that are sent by the court to take view of any place in question, for the better descision of the right: old. nat. br. fol. 112. So doth Bracton, use it, lib. 5. tract. 3. cap. 8. per totum. It signifieth also those, that are sent to view such as essoin themselves de malo lecti, whether they be in truth so sick, as they cannot appear, or whether they sergeant. Bracton lib. 5. tracta. 2. cap. 10. & cap. 14. per totum. Lastly it is used for those that are sent or appointed to view an offence, as a man murdered, or a Virgin ravished. See View.  
Vicario deliberando occasione cuinsdam Recognitionis, etc. is a writ that lieth for a spiritual person imprisoned upon forfeiture of a Recognisance, without the Kings writ. Reg. orig. fol. 147. See statuto mercatorio contra personam ecclesiasticam.  
Vicis & venellis mundandis, is a writ that lieth for a Mayor and Bailiffs of a town, etc. For the clean keeping of their streets. Register orig. fol. 267. b.  
View (visus) cometh of the French (veve. i. visus, aspectus, conspectus, prospectus) and signifieth with us, the act of viewers. For (as the author of the Terms of law saith) when any action real is brought, and the Tenent knoweth not well what land it is, that the Demandant asketh, than he may pray the view: that is to say, that he may see the land, which is claimed: of this Britton speaketh, cap. 45. This point of proceeding we have received from the Normans, as it appeareth by the Grand customary. cap. 66. where you shall read to this effect. It is to be known that there be divers sorts of views: one of a fee, another of a man in sickness, another of an offence, as of a man slain, or of a Virgin deflowered: all which he describeth in that place, and again, cap. 80. & 96. which are worth the reading: this view at this day is used in an Assize of rend service, rend charge, or rend seck. Fitzh. nat. br. fol. 178. D. and in a writ de Curian claudenda. Idem, fol. 128. B. In a writ of Nuisance. Idem, fol. 183. L. N. O. In a writ Quoiure. Idem. fol. 128. L. In the writ de rationalibus divisis. Idem. fol. 129. D. And in the writ de secta ad moliendinum. Idenf. 123. B. See the new book of Entries: verbo: View. and see Fleta how this view is made. lib. 4. ca 6. See Veiours.  
Vicechamberlaine, called underchamberlaine anno 13. R. 2. stat. 2. cap. 1. is a great officer in court next under the Lord Chamberlain, and in his absence, hath the command and controlment of all officers superior & inferior whatsoever, appertaining to that part of his majesties household, which is called the chamber, wherein is included as well the bed chamber, as the privy chamber, the presence and the great Chamber, and all other rooms, as galleries, etc. thereto belonging, with the Council chamber, privic closet, etc. And in the Lord Chamberlains absence he keepeth his table in the great chamber, commanding and overseeing the attendance of all, to whom it appertaineth to be ready and waiting on his majesty going to the chapel, or to speak with ambassadors, or else walking or riding forth.  
Viscount, aliâs Viscount (vicecomes) cometh of the French (vicompte. i. Procomes) and signifieth with us as much as Shyreeve. Between which two words I find no other difference, but that the one cometh from our Conquerors the Normans, and the other from our Ancestors the Saxons, wherefore see more of this in Shyreeve. Viscount also signifieth a degree of nobility next unto an Earl, which (as M. Cam. Brita. p. 107. saith) is an old name of office, but a new one of dignity, never heard of amongst us, until Henry the sixth his days. But this degree of honour is more ancient far in other countries. Cassan in gloria mundi, part 5. consid. 55. whom you may read.  
Vicountie, is an adjective made of vicountiè, and signifieth as much, as belonging to the viscount; as writ's vicountiel are such writs as are triable in the county or shreeves court. old. nat. br. fol. 109. Of this kind you may see divers writs of Nuisance set down by Fitzh. in his nat. br. fol. 184. b. There be also certain fermes called Vicountiels, which the shreeve for his time payeth a certain rent for to the King, and maketh what profit he can of them. See the statutes, anno 33. & 34. H. 8. ca 16. & anno 2. & 3. Ed. 6. ca 4. and anno 4. H. quint. capite secund.  
Vilaica removenda, is a writ that lieth for the removing of forcible possession of a benefice kept by lay men. And this writ is granted some time upon the Certificate of the Bishop into the Chancery, that there is such a force in his Diocese: some time upon a surmise made there of by the Incumbent himself, without the certificate of the Bishop, and hath a several form for either case. Fitzh. nat. br. fol. 54. Register orig. fol. 59 & 60.  
Villanis Regis subtractis reducendis, is a writ that heath for the bringing back of the king's bondmen, that have been carried away by others out of his manners, whereunto they belonged, Register origin. fol. 87. b.  
Villain (villanus) cometh of the French (villain. i. illiberalis, impurus, vilis, turpis) and signifieth in our common law a bondman, or as much as Servus among the Civilians. Of these there be two sorts in England, as Sir Tho. Smith saith in his repub. Anglo. li. 3. cap. 8. one termed a Villain in gross, which is immediately bound to the persons of his Lord and his heirs, the other a villain regardant to a manner, whom the Civilians term (Glebae ascriptitium) being bound to their Lord, as members belonging and annexed to such a manner, whereof the Lord is owner. This division is affirmed by divers places of our common law writers: as in the old. nat. br. fol. 8. You have these words. Know ye that a woman shall be endowed with a villain in gross, etc. and again. fol. 39 If a man do menace or threaten any villeins, which are regardant to a manner, etc. Bracton hath another division of villeins, which is all one with the Civilians. For in his first book, cap. 6. nu. 4. he saith thus: servi autem nascuntur aut fiunt, and then thus goeth forward: Nascuntur ex nativo & nativa alicuius copulatis vel solutis, sive sub potestate Domini constituti sint, sive extra potestatem. Item nascitur servus, qui ex nativa soluta generatur, quamvis ex patre libero: quia sequitur conditionem matris quasi vulgò conceptus, etc. And after divers things delivered of this sort, he saith again thus: Fiunt etiam servi liberi homines captivitate de iure Gentium: etc. Fit etiam servus liber homo pro confessionem in Curia Regis factam: ut cum liber homo sit in Curia Regis, & se cognoscat ad villanum. Item liber homo fit servus, si cum semel manumissus fuerit, ob ingratitudinem in servitutem revocetur. Item fit liber homo servus, cum ab initio clericus vel monachus factus fuerit, postea ad secularem vitam redierit. Quia talis restitus debet Domino suo. v. Tiraquellum de Nobilitate. cap. 2. pag. 14. num. 54. In very many provinces of France there be certain men called (homines manus mortuae, qui tanta juris similitudine adscriptiis colonis coniuncti, & prope iidem videntur. Non autem servi sunt omnino, sed in territorio domini sunt, tanquam alligati, non habentes demigrandi potestatem. Itaque servi corporis & prosecutionis vulgò dicuntur, quòd si fugerint, potest eos profequi dominus & capere. Tributum antem isti & nonnullas commoditates domino praestant: in quibus haec maxima, quod ipsis vita functis sine sobole, succedit dominus vel ex toto vel ex part. Connanus. li. 2. cap. 10. num. 3. whose words I thought not unfit for this place, because they express the nature of our villeinage something aptly.  
Villain fleeces: anno 31. Ed. 3. cap. 8. are fleeces of wool that are shorn from scabbed sheep  
Vidimus, anno 15. H. 6. ca 3.  
villeinage (Villenagium) cometh of (villain) and signifieth a servile kind of tenure belonging to lands or tenements; that is, a tenure of lands or tenements, by such a service, as villeins are fittest to perform. For every one that holdeth in villeinage, is not a villain, or a bond man. Villenagium vel seruitium nihil detrabit libertatis, habit a tamen distinctione, utrum tales sint villani, & tenuerint in villano soccagio de dominico Domini Regis. Bracton, lib. pri. ca 6. nu. pri. Britton in his 66. chapter speaketh to this effect: villeinage is a tenure of the demesnes of a Lord delivered to a Tenent at the Lords will, by villainous services, to improve it to the Lords use, and delivered by the rod, and not by any title of writing, or succession of inheritance, etc. And a little after he hath words to this effect: In the manners of our ancient demesnes, there be pure villeins both by blood and tenure: the which may be cast out of their tenement, and deprived of their chatels, at the pleasure of the Lord. By which two places I gather, though villain tenure do not alway make the Tenent a villain: yet that there is a two fold tenure called villeinage: one wherein both the person & the tenure is bound, and in all respects at the disposition of the Lord: and another, which in respect of the tenure is after a sort servile, though the person be not bond. This is well proved by Bracton, li. 2. ca 8. nu. 3. in these words. Item tenementum non mutat statum liberi, non magis quam serut: Poterit enim liber homo tenere purum villenagium, faciendo quicquid ad villanum pertinebit, & nihilominus liber erit, cum hoc faciat ratione villenagii, & non personae suae: & ideo poterit, quando volucrit, villenagium deserere, & liber discedere, nisi illaque atus sit per uxorem nativam ad hoc faciendum. ad quam ingressus fuit in villenagium, & quae praestare poterit impedimentum, etc. So that a man may hold in pure villeinage, and yet be a free man in respect of his person. But what is pure villeinage? Bracton answereth in the words there next following: Purum villenagium est, à quo praestatur seruitium incertum & indeterminatum, ubi scirinon poterit vespere, quale seruitium fieri debet mane. viz: ubi quis facere tenetur quicquid ei praeceptum fuerit. The other sort of villeinage which is not pure, is there called of Bracton (villanum soccagium) which differeth from the other in this, because it is only tied to the performrnce of certain services agreed upon between the Lord and the Tenent. Whereof see Bracton also in the same place: by whom you may perceive, that a man may hold (per villanum soccagium) and yet have (liberum tenementum if he have it to himself and his heirs. This villainous soccage is to carry the Lords dung into his fields, to plow his ground at certain days, sow and reap his corn, plash his hedges, etc. See Soccage.  
Villainous judgement (Villanum judicium) is that which casteth the reproach of villainy and shame upon him against whom it is given, as a conspirator; etc. Stawnf: pl: cor. lib. 3. 12. f. 175. This M. Lamb. in his Eirenarcha, lib. 1. ca 13. pag. 63. calleth villainous punishment, and saith that it may well be called infamous, because the judgement in such a case shallbe like the ancient judgement in Attaint (as it is said anno 4. H. 5. Fitzh. judgement 220.) and is (in 27. lib. Assis: pl. 59) set down to be, that their oaths shall not be of any credit afterward, nor lawful for them in person to approach the King's Courts: and that their lands and goods be seized into the King's hands, their trees rooted up, and their bodies imprisoned, etc. And at this day the punishment appointed for perjury, (having somewhat more in it, then corporal or pecuniary pain) stretching to the discrediting of the testimony of the offender from ever after, may be partaker of this name. Thus far M. Lamberd.  
Virgata terrae. Register orig. fol. 167. a. See yard land.  
Viridario eligendo, is a writ that lieth for the choice of a verdour in the forest. Register orig. fol. 177.  
Visitation of manners (Visitatio morum) was wont to be the name of the Regarders office in ancient time. Manwood, part pri. of his forest laws, pag. 195. See Regarder.  
Visne (Vicinetum) signifieth a neihgbour place, or a place near at hand anno 16. R. 2. ca 6.  
Vtsu Franciplegun, is a writ to exempt him from coming to the view of Frankpledge, that is not within the Hundred resident. For men are bound unto this view by reason of their habitation, and not of lands held where they dwell not, Register orig. fol. 175.  
Vitteller (victualarius) cometh of the French, victuals. i. commeatus) and signifieth with us, him that selleth victuals. For these there is a writ in Fitz. nat. br. fol. 172. if they exercise their trade, bearing a magistracy in any town corporate.  
Vmple. anno 3. Edvard. 4. cap. 5.  
Vncore priest, is a plea for the Defendant, being siewed for a debt due at a day past, to save the forfeiture of his bond; saying, that he tendered the dept at the time, and place, and that there was none to receive it, and that he is now also ready to pay the same. 7. Ed. 6. 83. Dyer. See Vnquest priest.  
Vncuth, is a Saxon word signifying as much as (incognitus) It is used in the ancient Saxon laws, for him that cometh to an Inn guest wise, and lieth there for two nights at the most. In which case his host was not bound to answer for any offence, that he committed, whereof he was guiltless himself. But if he laid there the third night, than he was called (guest, hospes) and then must the host answer for him, as for one of his own family. And if he tarried any longer, than was he called Again hine, that is to say, familiaris. Whom, if he offend against the King's peace, his host was to see foorth-comming: or if he could not bring him out within a month and a day, he must satisfy for his offence. Lamberd. Archaiono. fol. 133. num. 7. Of this Bracton. lib. 3. cap. 10. num. 2. writeth thus: Item secundum antiquam consuetudinem dici paterit de familia alicuius, qui hospitatus fuerit cum alio per tres noctes: quia primâ nocte poterit dici Vncuth, secunda verò Gust, tertiâ nocte Hoghenhine, etc. This law was made for the better preservation of the King's peace, and to show in what pledge every man was to be accounted, that traveled by the way. See Tuainnithes: gest.  
unde nihil habet, is a writ. See Dote unde nihil habet.  
Vnderchamberlaine of the Exchequer, is an Officer there, that cleaveth the taileys written by the Clerk of the Taileys, and readeth the same, that the Clerk of the Pel and the controllers thereof may see their entry be true. He also maketh searches for all Roords in the Treasury. There be two Officers there of this name.  
Vnderescheateur. Subescheatour. anno 5. Ed. 3. cap. 4. See Escheatour.  
Vndershyreeve, (Subvicecomes) See Shyreeve.  
Vndersitter is an Inmate. See Inmate.  
Undertakers, be such as are employed by purveyors of the King as their deputies. anno 2. & 3. Phil. & Mar. cap. 6. and such as undertake any great work, as drying of Fens, etc. anno 43. Eliz. cap. 11.  
under-treasurer of England, (viccthesaurarius Angliae) anno 39 El. cap. 7. & anno 43. eiusdem. Subsidy of the Clergy. This Officer (as some Exchequer men think) was first created in the time of king H. the seventh, to chest up the King's Treasure at the end of every Term, and to note the content of money in each chest, and to see it carried to the King's Treasury in the Tower, for the ease of the Lord Treasurer, as being a thing too mean for him to be troubled with, and yet meet to be performed by a man of great secrecy and trust. He in the vacancy of the Lord Treasurer's office, doth all things in the receipt, that the Lord Treasurer doth. He nominateth the two Praisers of all goods seized as not customed, and ordereth, whether the party shall have them at the price or not. He appointeth the Steward, Cook, and Butler for the provision of the starchamber. But this Officer in other men's judgement, is far more ancient than Henry the sevenths' days, yet named Treasurer of the Exchequer in the Statutes until Queen Elizabeth's time, where he is termed under-treasurer of England. Nevertheless, anno 35 Eliz. he is also written Treasurer of the Exchequer. Read the Statutes, anno 18. Ed. 3. stat. 2. cap. 17. & 27. eiusdem. Stat. 2. cap. 18. 1. Rich. 2. cap. 5. 4. Hen. 4. cap. 18. 8. H. 6. cap. 17. 27. H. 8. cap. 11. with divers other places, that seem to approve this to be true.  
Union (unio) is a combining or consolidation of two Churches in one, which is done by the consent of the Bishop, the Patron, and the Incumbent. And this is properly called an Union. Howbeit, that there be two other sorts: as when one Church is made subject to the other, and when one man is made Prelate of both, and when a conventual is made Cathedral, as you may read in the Gloss of the chapter, Licet. De locato & conducto, in Lyndwoods' Provincials. §. Et quia. versu Appropriationis. Touching Union in the first signification there was a statute, an. 37. H. 8. cap. 21. that it should be lawful in two Churches, whereof the value of the one is not above six pounds in the King's books of the first fruits, and not above one mile distant from the other. Union in this signification is personal, that is, for the life of the Incumbent: or real, that is, perpetual, whosoever be Incumbent.  
Unity of possession, is called consolidatio usus fructus, & proprietatis in the Civil law, signifying a joint possession of two rights by several titles. For example, I take a lease of land from one upon a certain rent: afterward I buy the Fee-simple. This is an unity of possession, whereby the lease is extinguished: by reason that I, which had before the occupation only for my rent, am become Lord of the same, and am to pay my rent to none, but myself. Also an Abbot being seated within a certain parish, afterward obtaineth an appropriation of the tithes belonging to that Church, for the use of his house. Here is an unity of possession, by reason that the tithes, which before were to be paid to the Incumbent, are now to be paid to none but himself, by virtue of the appropriation.  
University, (Vniversitas) is by the Civil law any body politic, or corporation: but in our language it is (at the least most ordinarily) taken for those two bodies, that are the Nourishes of learning, and the liberal Sciences, Cambridge and Oxford: endowed with great favours, and privileges, for their better maintenance, as appeareth not only by an. 2. & 3. Ph. & Mar. c. 15. a. 13. El. c. 21. & a. 18. eius. c. 6. but much more by their several charters, granted unto them by divers godly and magnanimous Kings of this land.  
Unlawful assembly, (Illicita congregatio, illicita assemblata) is the meeting of three or more persons together, with force to commit some unlawful act, and abiding still, not endeavouring the execution thereof, as to assault or beat any person, to enter into his house or land, etc. West. part 2. symb. titulo, Inditements, sect. 65. M. Lam. in his Eirenarcha. cap. 19 saith thus: An unlawful assembly is the company of three persons or more, gathered together, to do such an unlawful act, although they do it not indeed. So saith Kitchen in effect, fol. 20.  
Vnques priest, is (word for word) always ready. And it signifieth a Plea, whereby a man professeth himself alway ready to do or perform that, which the demandant requireth, thereby to avoid charges. For example: a woman sueth the tenant for her Dower: and he coming in at the first day, offereth to aver, that he was alway ready and still is, to perform it. In this case except the demandant will aver the contrary, he shall recover no damages. When this Plea will serve to avoid Charges, and when not, see Kit. fol. 243. See Vncore priest.  
voidance (vacatio) is a want of an Incumbent upon a benefice: and this voidance is double: either in law, as when a man hath more benefices incompatible: or indeed, as when the Incumbent is dead, or actually deprived. Brooke, titulo Quareimpedit. n. 51.  
Vourcher (Aduocatio) is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby. New book of Entries. verbo. voucher. voucher de guarantee Brit. ca 75. in latin (Aduocatio ad war antizandum) is a petition in court made by the Defendant to have him called, of whom he or his Auncester bought the land or tenement in question, and received warranty for the secure enjoying thereof against all men. Britton of this writeth a long chapter. ubi supra, intituling it Garant voucher. But Bracton writeth a large tractate of it, lib. 5. tracta. 4. per totum. Litleton also handleth it not minsingly, in the last chapter of all his Tenors. Of this you may read Fitzh. also in his nat. br. fol. 134. De warantia chartae. All this law seemeth to have been brought into England out of Normandy. For in the Grand Custumary you have likewise a chapter entitled (vouchement de garant, cap. 50. id est, vocamentum Garanti) where it is set down, what time ought to be given, for the appearance of the warrant called in this case, how many warrants may be vouched, one calling in another, and divers other points touching this doctrine. All which, and many more, you may read in Bracton ubi supra. A common voucher, a double voucher. Coke lib. 2. Sir Hugh. Cholmleis' case, fol. 50. b. This is very answerable to the contract in the Civil law, whereby the buyer bindeth the seller, sometime in the simple value of the thing bought, sometime in the double, to warrant his secure enjoying of the thing bought. But this difference I find between the Civil law and ours, that whereas the Civil law bindeth every man to warrant the security of that which he selleth, ours doth not so, except it be especially covenanted. The party that voucheth in this case, is called the Tenent, the party vouched is termed the Vouchee. The writ whereby he is called, is termed Summoneas ad warrantizandum. And if the Shyreeve return upon that writ, that the party hath nothing, whereby he may be summoned: then goeth out another writ. viz. Sequntur sub suo periculo. See Termes of the law. verbo Vourcher. And Lamb. in his Explication of Saxon words, verbo Advocare. See Warranty. I read in the new book of Entries, of a foreign voucher, which hath place properly in some Franchise, County Palatine, or other where one voucheth to warranty one not dwelling within the Franchise. fol. 615. columna. 1. whereupon because the foreyner need not be tried in that Court, the record and cause is removed to the common pleas, etc. See of this Fitz. nat. br. fol. 6. E.  
Vser de action, is the persiewing or bringing of an action, which in what place and county it ought to be, See Brook, titulo am & County. fol. 64.  
Use (usus) is in the original signification, plain enough: but it hath a proper application in our common law, and that is the profit or benefit of lands or tenements. And out of M. west's first part of his simbol: lib. pri sect. 48. 49. 50. 51. and 52. I gather shortly thus much for this purpose. Every deed in writing hath to be considered the substance, and the adjuncts. Touching the substance, a deed doth consist of two principal parts, namely the premises and the consequents. The premises is the former part thereof, and is commonly said to be all that, which precedeth the (Habendum) or limitation of the estate, which be the persons contracting, and the things contracted. The consequent is that which followeth the premises, & that is the (Habendum) In which are two limitations: the one of the estate, or property, that the party passive shall receive by the deed, the other of the use: which is to express in the said (Habendum) to or for what use, and benefit he shall have the same estate. And of the limitation of those uses, you may read many precedents set down by the same author in his second book of his said first part, sectio. 308. and so forth to 327. These uses were invented upon the statute called, West. 3. or Quia emptores terrarum, before the which statute no uses were known. Perkins. Devises. 528. And because men's wits, had in time devised many deceits, by the settling of the possession in one man and the use in another, there was a statute made, anno, 27. H. 8. ca 1. whereby it was enacted, that the use and possession of lands and possessions should alway stand united. New expositor of law terms, verbo. Use. v. Coke lib. 1. Chudleise case. fol. 121. & seqq.  
Usher (Ostiarius) cometh of the French (Huissier. i. Accensus, apparitor, janitor) It signifieth with us first an officer in the Exchequer: of which sort there be four ordinary ushers that attend the chief officers and Barons of the court at Westminster, and juries, shreeves and all other accoumptants at the pleasure of the court. Therbe also Ushers in the King's house, as of the privy chamber, etc.  
Vtas (Octavae) is the eight day following any term or feast: as the vtas of Saint Michael, the vtas of Saint Hilary, the vtas of Saint Martin, of Saint john Baptist, of the Trinity etc. as you may read. anno 51. H. 3. stat. concerning general days in the Bench. And any day between the feast and the eighth day, is said to be within the vtas. The use of this is in the return of writs, as appeareth by the same statute.  
Vtfangthef, is an ancient Royalty granted to a Lord of a manner, by the King which giveth him the punishment of a thief dwelling out of his liberty, and having committed theft without the same, if he be taken within his fee. Bracton. lib. 2. cap. 24. who in his third book, tract. 2, ca 35. seemeth rather to interpret the word, then to express the effect, and saith thus. Vtfangthef dicitur extraneus latro, veniens aliunde de terra aliena, & qui captus fuit in terra insius, qui tales habet libertates. It seemeth to be compounded of these three words. Vt, fang, thief. which in our modern English be, out, take or taken, Thief. Of this Fleta hath these words. utfangenthef dicitur latro extraneus veniens a liunde de terra aliena, & qui captus fuerie in terra ipsius qui tales habet libertates. Sed non sequitur quod possit ille hominem suum proprium extra libertatem suam captum reducere usque in libertatem, & ibi eum judicare: reducere tamen poterit indicatum, & judicium in proprio patibulo exequiratione libertatis: commodum tamen non video. Debet enim quilibet iuri subiacere, ubi deliquit: proprios tamen latrones & alienos judicare possunt, dum tamen infra libertatem fuerint capti, etc.  
Vtlaghe, significat bannitum extra legem. Fleta. li. 1. cap. 47. See Vtlawrie.  
Vtlagato capiendo quando utlagatur in uno comitatu, & postea fugit in alium, is a writ, the nature whereof is sufficiently expressed in the words set down for the name thereof. See the Register original, fo. 133.  
Vtlawrie (utlagaria, aliâs utlagatio) is a punishment for such as being called into law, and lawfully sought, do comtemptuously refuse to appear. And as Bracton saith li. 3. tract. 2. ca 11. He that is siewed must be sought, and called at 5. counties, a month being between every county, to answer to the law. And if he come not within that time, pro exlege tenebitur cum principi non obediat, nec legi: & ex tunc utlagabitur: that is, as the author of the terms of law saith, he shallbe pronounced by the coroner, to be out of the King's protection, and deprived of the benefit of the law. The effect of this is divers (as the same Author saith). for if he be outlawed in an action personal, (he meaneth) at the suit of another in a civil cause: he shall forfeit all his goods and cattles to the King: if upon felony than he shall forfeit all his lands and tenements, that he hath in fee simple, or for term of his life, and his goods and cattles. Bracton: ubi supra, nu. 5. saith, that such as be outlawed upon felony, ex tunc gerunt caput lupinum, ita quod sine iudiciali inquisitiene ritè pereant, & secum suum judicium portent & meritò sine lege pereunt, qui secundum legem vivere recusarunt. Et haec ita, si cum capiendi fuerint, fugiant, vel se defendant si autem vivi capti fuerint, vel se reddiderint, vita illorum & mors erit in manu Domini Regis. See Horns mirror of justices, lib. 3. cap. des fautes punishables. Bracton saith in the place above specified (with whom also Fleta agreeth, lib. 1. cap. 27.) that a Minor or a woman cannot be outlawed. But take his own words: Minor verò, & qui infra aetatem. 12. annorum fuerit, utlagarinon potest, nec extra legem poni, quia ante talem aetatem non est sub lege aliqua, nec in Decenna, non magis quam foemina, quae utlagari non potest, quia ipsa non est sub lege. i. Inlaugh Anglicè, sc: in franco plegio, sive decenna: sicut masculus, 12. annorum, & ulteriùs. Et ideo non potest utlagari. Waiviari tamen bene potest, & pro derelicta haberi, cum pro felonia aliqua fugam fecerit sive ceperit. Est enim waivium, quod nullus advocate, nec princeps eum advocabit, nec tuebitur, cum fuerit rite Waiviata: sicut fit de masculo, qui secundum legem terrae ritè fuerit utlagatus, etc. To the same effect writeth Fitz h. in his na. br. fo. 161. viz; And because women be not sworn in leetes to the King, as men be of the age of 12 years or upward: it is said, when a woman is outlawed, that she is waived, but not outlawed. for she was never under the law, nor sworn unto it. More of this you may read in Bracton, lib. 3. tracta. 2. cap 12. &. 13. and then in the 14. how an outlaw is inlawed again, and restored to the King's peace and protection. See also Fleta, lib. 1. cap. 28. per totum.  
Virum. See Assize.  
Viter Baristers, be such as for their long study and great industry bestowed upon the knowledge of the common law, be called out of their contemplation to practise, and in the face of the world to take upon them the protection and defence of clients. These are in other countries called, (Licentiati in iure). How be it in modesty they still continue themselves hearers for divers years, like the scholars of Pythagoras, that for the first five years never adventured to reason or discourse openly upon any point of their master's Doctrine, which their silence (a cohibendo sermone) was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas and Zenedorus do report.  
Vtlepe significat escapium latronum. Fleta lib. 1. ca 47.   

W  
WAge (vadiare) proceedeth of the French (Gager. i. dare pignus, pignore certare) and signifieth in our common law the giving of security for the performing of any thing: as to wage law, & to wage deliverance which see before in Gage. None wageth law against the King. Brooke tit. Chose in action, num. 9 The substantive of this verb is (Wager) in the latin (vadium) which some Feudists call (wadium) as testifieth Hotoman in his Commentaries de verbis feudalibus. verbo Wadium. See Law.  
Wainage (Wainagium, aliâs Wannagium) signifieth as much as peculium servorum of the Saxon word woven. i. habitare, & woeving. i. habitatio. See. Gainage.  
Waives (waiviare) Register orig. fol. 277. a) is to forsake (habere pro derelicto) as the Civilians term it. Waiviare feudum suum. Bracton lib. 2. cap. 7. that is to forsake. Many of the King's liege people to be outlawed, and many waived by erroneous process. anno 7. H. 4. ca 13. See Vtlawrie. To waive the company of thieves. Stawnf. pl. cor. fol. 26. To waive his benesit. Idem fol. 46. to waive the advantage. Idem praerog. fol. 17. Persons attainted or waived. West. part 2. simbol. titulo Fines, sect: 13. D. This word waived waiviata properly belongeth to a woman that being siewed in law contemptuously refuseth to appear, as outlawed doth to a man. Registerorig. fo. 132. b. & 277. a. The reason whereof see in Fitzh. nat. br. fol. 161. A. See Weif.  
Wales (Wallia) is a part of England, on the west side inhabited by the offspring of the ancient Britons chased thither by the Saxons, being called hither by them to assist them against the might of the Picts. The reason of the appellation cometh from the Saxon (wealh. 1. exterus, vel peregrinus) for so the Saxons both called them and held them, though now to the great quiet of this kingdom they be incorporated unto us See M. Lamb: explication of Saxon words. verbo. Wallus.  
Walkers, seem to be those that are otherwise called Foresters. Crompton in his jurisdictions, fol. 154. hath these words in effect. There be Foresters assigned by the King, which be walkers within a certain space assigned them to look unto.  
Waiviaria mulieris, is as much as utlagatio viri. Register original fol. 132. b. See Waive.  
Wapentake (Wapentakium) is all one with that, which we call a Hundred, as appeareth by Bracton, lib. 3. tract. 2. ca pri. nu. pri. in fine. Conuocentur (saith he) postmodum seruientes & Balivi Hundredorum, & per ordinem irrotulentur Hundredarii, sive wapentakia, & nomina seruientium, quorum quilibet affidabit, quod de quolibet Hundredo eliget quatuor milites, qui statim veniant coram justiciariis ad faciendum preceptum Domini Regis, & qui statim iurabunt, quòd eligent duodecim milites, vel liberos & legales homines, si milites non inveniantur, etc. M. Lamberd in his explication of Saxon words, verbo Centuria, is of the same mind: and farther saith, that this word is especially used at this day in the countries be north the river Trent. And in the laws of King Edward set forth by him nu. 33. it is most plain in these words. Et quod Angli vocant Hundredum, supradicti comitatus vocant wapentakium. But there he nameth some shires of this side Trent, as Warwick shire, Leicester shire, and Northhampton-shire. In the words there following, there is a reason given of this appellation in these words. Et non sine causa: Cum quis enim accipiebat praefecturam wapentakii, die statuto in loco, ubi consueverant congregari, omnes maiores contra eum conveniebant, & descendente de equo suo, omnes assurgebant ei. Ipse verò, erecta lancea sua, ab omnibus secundum morem foedus accipiebat. Omnes enim quotquot utnissent, cum lanceis suis ipsius hastam tangebant, & ita confirmabant per contractum armorum, pace palam concessa. Anglicè enim arma vocantur (waepun) & taccare confirmare: quasi armorum confirmatio. Vel ut magis expressè secundum linguam anglicanam dicamus, waepentak armorum tactus est (waepun) enim arma sonant (tac) tactus est. Quamobrèm poterit cognosci, quòd hac de causa, totus ille conventus dicitur (wapentae) eò quòd per tactum armorum suorum ad invicem confoederati sunt. Thus far the book goeth word for word. With whom Fleta agreeth, saving that Fleta saith, that this word is used in all counties be north Watlinstreete, li. 2. ca 61. §. universimode. Take Sir Tho: Smiths opinion also: whose words in his second book de Rep: Anglo: ca: 16. be these: Wapentak. I suppose, came of the Danes, or peradventure of the Saxons. For that so many towns came by there order then into one place, where was taken a monster of there armour and weapons: in which place, from them that could not find sufficient pledges for their good abearing, their weapons were taken away. The statute anno. 3. Henrici 5. ca 2. & anno 9 H. 6. cap. 10. & anno 15. H. 6. ca 7. T. maketh mention of Stainctife Wapentake, and Friendless Wapentake, in Craven in the County of York. See Roger Hoveden, part poster: suorum annalium, fo. 346. b.  
Wards and Liveries (wardi & liberaturae) is a Court first erected in King Henry the eighth his time, and afterward augmented by him with the office of Liveries, and therefore called by him (as now it is) the Court of wards and Liveries. The chief of this Court is called the master of the Court, etc. To whom are joined the Surveyor, Attorney, and Receiver of the said Court, as his Assistants: then as Ministers the Register, two inferior Attorneys or Clerks, and a Messenger.  
Ward (Custodia) is the Germane word, as (guard) is the French. Both these be used among our common lawyers: the one by those that write in French, the other by those that write in English. Wherefore for your farther understanding, See Gardiner and Garden. Yet is Gardiner sometime used in the Englishbookes also: as yeomen of the Gard. And also the keeper of one in his minority, is not called a warder but a Garden or Guardian. Ward hath divers applications, as a Ward in London, latined (warda) which is a portion of the City committed to the especial charge of some one of the 24. Aldermen of the city, in such sort as every one knoweth his certain ward assigned unto him, and hath dwelling within the same compass some one grave Citizen for the good government thereof: who is in that respect a Deputy to the said Alderman, and commonly called the Alderman's Deputy. Of these there be 25. within the city, and one without, beside other liberties and the suburbs. Stows Survey of London. Also a Forest is divided into wards: Manwood, part prim. of his Forest laws. pag. 97. Lastly, a prison is otherwise called a Ward. And the heir of the King's tenant, holding by knight's service, or in capite, or of any common person by Knight's service, is called Ward, during his nonage. See anno 32. H. 8. cap. 46.  
Warden (Gardianus) signifieth all one thing with the French (Gardien.) And therefore of this see more in Gardien. But it is the more usual word of all that writ in English, for him that hath the keeping or charge of any person or thing by office: as Wardens of fellowships in London. anno 14. H. 8. cap. 2. Warden courts, anno 31. H. 6. ca 3. Warden of the Marches, anno 4 H. 7. cap. 8. Wardens and Commonalty of the lanes contributory to Rochester bridge. anno 18. Eliz. cap. 7. Wardens of peace. anno 2. Ed. 3. cap. 3. Statute Northampton. Warden of the West Marches. Camd. Brit. pag. 606. Warden of the Forest. Manwood, part prim. pag. 111. & 112. Warden of the Aulnage. anno 18. H. 6. cap. 16. Chief Warden of the Forest. Manwood part prim. pag. 42. & 43. Warden of the King's wardrobe. anno 51 H. 3. statut. quinto. Wardens of the tables of the King's Exchange, anno 9 Ed. 3. stat. 2. cap. 7. & anno 9 H. 5. stat. 2. c. 4. Warden of the rolls of the Chancery. anno 1. Ed. 4. cap. 1. & cap. 5. Warden or Clerk of the hamper of the Chancery. ibid. Warden of the king's writs, and Records of his common bench, ibid. Warden of the King's armour in the tower. anno 1. Ed. 4. cap. 1.  
Wardnote; is a court kept in every ward in London. anno 32. H. 8. cap. 17. ordinarily called among them, the Wardmote Court.  
Ward penny, is money to be contributed toward watch and ward.  
warranty, (warantia) cometh of the French (guarantee) or (garant) i. vindex litis:) which is a word of great antiquity with the French men, being brought first thither by the Francogalli. And thence do they make a Latinish verb, viz. (guarentare) vel, ut est in aliis libris, guarentisare. i. causam alterius suscipere, se defensorem profiteri. The Feudists also use this word (guarentus) quo significatur is, qui Latinis author dicitur, & evictionem praestat. lib. 2. Feud. titulo 34. §. 2. The Civilians have a stipulation (habere licere) whereby is signified a power of perpetual & quiet possession to be given: l. 11. § final. Π. de action empt. & vend. But this reacheth not so far as our warranty. For the seller hereby is bound but to a kind of diligence and care to maintain the buyer in his possession. For if he be evicted, the buyer is not tied to recompense. Doctores in l. stipulatio ista, Habere licere. Π. de verb. obliga. Warranty signifieth in our common law, a promise made in a deed by one man unto another for himself and his heirs, to secure him and his heirs against all men, for the enjoying of any thing agreed of between them. And he that maketh this warranty, is called Warrantus by Bracton, lib. 2. cap. 10. & 37. The romans called him Auctorem, as Hotoman testifieth in his Commentary upon Tully's oration pro Aulo Caecinna. verbo, Cesennius author fundi, whom you may read more at large. And that which we term vocationem warranti, the Civilians call authoris laudationem vel nominationem. Eimer pract. cap. 48. This warranty passeth from the seller to the buyer, from the feoffer to the feoffee, from him that releaseth, to him that is released of an action real, and such like. And for the form it passeth in a clause toward the end of a deed in these words: Et ego verò praefatus I. & haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus, & assignatis suis contra omnes gentes warrantizabimus in perpetnum per praesentes. West. part prim. symbol. lib. 2. titulo Feofments. sect. 281. & 288. So a release may be with a clause of warranty. Idem, eodem. titulo Releases. sect. 510.  
There is also a warrant of Attorney, whereby a man appointeth another to do some thing in his name, and warranteth his action, West. eod. sect. 181. And these warrants of Attorney seem to differ from letters of Attorney, because that, whereas letters pass ordinarily under the hand and seal of him, that maketh an Attorney by them, before any credible witnesses: warrants of Attorney be acknowledged before such persons, by such means and in such manner, as Fines. West. part 2. symbol. titule Recoveries. sect. prim. F. See Attorney.  
But these waranties in passing land from one to another, be of greatest consequent, & of more intricate understanding. And therefore of these, divers have written at large: as Glanvile lib. 3. per totum. Bracton lib. 5. tract. 4. per totum. Britton. cap. 105. Litleton in the last chapter of his tenors: the form and effect whereof Bracton in his second book cap. 16. num. 10. declareth thus: Et ego & haeredes mei warrantizabimus tali & haeredibus suis tantùm, vel tali & haeredibus & assignatis, & haeredibus assignatcrum, vel assignatis assignatorum, & eorum haeredibus, & acquietabimus, & defendemus eye totam terram illam cum pertinentiis (secundum quod praedictum est) contra omnes gentes in perpetuum, per praedictum seruitium. Per hoc autem quòd dicit (Ego & haeredes mei) obligat se & haeredes suos ad warrantiam, propinquos, & remotos, praesentes & futuros ei succedentes in infinitum Per hoc autem quòd dicit (warrantizabimus) suscipit in se obligationem ad defendendum suum Tenementum in possessione res datae, & assignatos suos & eorum haeredes, & omnes alios, secundum quod supradictum est, si fortè tenementum datum petatur ab antiquo in Dominico. Per hoc autem quòd dicit (acquit abimus) obligat se & haeredes suos ad acquietandum, si quis plus petierit seruitis, vel aliud seruitium, quam in charta donationis continetur: per hoc autem quòd dicit (Defendemus) obligat se & haeredes suos ad Defendendum, si quis velit servitutem ponere rei datae contra formam suae donationis, etc. But the new expounder of law terms saith, that this warranty beginneth two ways: one by deed of law: as if one and his ancestors, have held land of another and his ancestors, time out of mind byhomage (which is called Homage ancestral) for in this case, the homage continually performed by the tenant is sufficient to bind the Lord to warrant his estate. The other is by deed of the party, which by deed or fine tieth himself to warrant the land or tenement to the tenant. And Sir Ed: Cook in the fourth book of his reports, mentioneth the same distinction. Nokes case, fo. 81. a. calling the one a warranty in law, the other an express warranty. civilians would call these species, tacitam & expressam.  
Warranty (as the said author of the terms of law saith, is in two manners: warranty lineal, and warranty collateral. But (Litleton saith ubi supra) it is threefold: warranty lineal, warranty collateral, and warranty that beginneth by disseisin. Warranty by disseisin what it is, is partly declared in Sir Ed. Cooks reports, li. 3. Fermors case, fol. 78. a. Whether of them divideth more aptly, let the learned judge. For my part, I think that lineal and collateral be no essential disserences of warranty, as it is originally considered in the first warranter. For he bindeth himself and his heirs in general. And such be bound, be they lineal or collateral unto him. Therefore this division riseth rather from the event of the original warranty: videlicet, because it so falleth out, that the tenant, to whom the warranty was made, or his heirs, when he or they be called into question for the land warranted formerly by the first feoffor, is driven by the means of the first warranters death, to call or vouch him to waranty that is his heir, and now presently living, be he descending or collateral, as it falleth out. For example. A. infeoffeth B. in twenty acre's land, with clause of warranty against all men. So long as A. himself liveth, he is liable to this covenant, and none else: after his disease his heir is subject unto it, be he his son, brother, uncle, or what else. And whether of these, or neither of these it will be, none knoweth until he be dead. Wherefore I conclude that this distinction of lineal or collateral hath no use originally in this contract. For (as the author of the terms of law saith) the burden of this warranty, after the death of the first warranter, falleth upon him, upon whom the land should have descended, if the warranty had not been made. And that is the next of blood to the warranter, be he in the defcending or collateral line. And therefore I resolve that this distinction groweth from an event, after the death of him that covenanteth to warrant. But to make this plain, I find warranty to be used equivocally: signifying in one sort, the contract, or covenant of warranty first made, as appeareth by Bracton in the place formerly noted: and in another sort the very effect and performance of this contract, either by the warranter or his heirs, when he or they be by the tenant thereunto vouched, or called: As also I show out of Bracton, lib. 5. tract. 4. ca pri. nu. 2. in these words. Imprimis videndum est quid sit warrantizatio. Et sciendum quod warrantizare, nihil aliud est, quam defendere & acquietare tenentem, qui warrantum vocabit in seisina sua, etc. With whom agreeth Fleta saying that warrantiz are nihil aliud est, quam possidentem defendere, li. 5. ca 15. §. 1. & lib. 6. ca 23. quod lege per totum. And the former division of lineal and collateral warranty, rather belongeth to warranty in this second signification than the former.  
And that this way it is imperfect or at the least obscure, I think it not hard to declare. First to show this I note out of Bracton, who may be called to warranty. And he lib. 5. tractat. 4. cap. pri. num. 5. saith thus: Videndum est quis vocari possit ad warrantum, & sciendum, quod tam masculus quam foemina, tam minor quam maior (dum tamen si minor vocetur, remane at placitum de warantia in suspenso usque ad aetatem, nisi causa fuerit ita favorabilis, quòd aetas expectari non debeat; sicut ex causa Dotis) Item non solum vocandus est ad warantum ille qui dedit, vel venddit: verùm etiam vocandi sunt eorum haeredes descendentes in infinitum propter verba in Chartis contenta, (Ego & haeredes mei warantizabimus tali & haeredibus suis, etc.) Et in quo casu tenentur haeredes warantizare, sive sint propinqui, sive remoti, remotiores, vel remotissimi. Et quod de haeredibus dicitur, idem dici poterit de assignatis, & de illis, qui sunt loco illorum haeredum, sicut sunt capitales Domini qui tenentibus suis quasi succedunt, vel propter aliquem defectum, vel propter aliquod delictum, sicut de eschaetis Dominorum: By which words we perceive that the burden of this warranty is not tied to heirs only, be they in the descending or collateral line, but that under this word (Haeredes) are comprised all such, as the first warranters lands afterward come unto either by descent, or otherwise ex causa lucrativa So that if a man have 20 children, yet if he will, and may give his land to a stranger, leaving his children no land: that stranger in this case is his assign, & is contained under this word, heir. So if he commit felony after such warranty covenanted, and forfeit his lands to his Lord by escheat: the Lord is quasi haeres in this case, and liable to the warranty formerly passed. And in these two later cases, warranty in the second signification seemeth to be neither lineal, nor collateral: at the least as Litleton, and the other author have defined, or by examples expressed them.  
But yet let us define these two species, as they be. wherefore lineal warranty is that, which he is called unto by the tenant, upon whom the land warranted had descended, if the warranty had not been covenanted. For example; A selleth to B. 20. acre's land with clause of warranty, and afterward dieth leaving issue. C. soon after B. is impleaded for this land by D. and voucheth. C. This is called a lineal warranty: because but for it the land had descended from A. to C.  
Warranty collateral, is that whereunto he is called by the tenant upon the covenant of him, from whom the land could not descend to the party called. For example; B. the son pourchaseth tenements in fee, whereof A. his father disseiseth him, and selleth them to C. with a clause of warranty. A being dead, C. is impleaded for the tenements, and calleth B. to warranty. This warranty whereunto B. is called, is collateral: by cause the tenements, if the warrnty had not been covenanted by A. could not have descended from him to his father A. for they were his own by Pourchase. Many other examples there be of this in Litleton. And this very case he maketh his example of warranty by disseisin, as also of warranty collateral. which plainly argueth, that warranty by disseisin, and warranty collateral, are not distinct members of warranty, but may be confounded: though one warranty may carry both names in divers respects. For there is some warranty collateral that beginneth not by disseisin. For example. A. tenant in tail, alienateth to B. in fee, and dieth leaving issue. C. Afterward. D. brother to A. and uncle to C. releaseth to B. with warranty, and dying leaveth. C. his heir being next of blood unto him. This warranty is collateral, because it descendeth upon. C. from his uncle. D. and yet it beginneth not by desseisin of his said uncle.  
Warranty, hath a double effect: one to debar him upon whom it descendeth from the first warranter as his next of blood, from claiming the land warranted: and another to make it good to the tenant, if by him he be vouched thereunto, or else to give him as much other land by exchange. But as the former of these effects taketh place with all heirs, except those to whom the land warranted was entailed, and that reap no equivalent benefit by the first warranter. anno 6. Ed. pri, ca 3. so the latter preiudiceth none that receiveth not sufficient land from the first warranter to make it good. Bracton, lib. 5. tractat. 4. ca 8. nu. pri. & cap. 13. nu. 2. In the custumaric of Norm. ca 5. you have vouchement degarant, which the Interpreter translateth, Vocamentum Garanti. a voucher or calling of the wartanter into the court to make good his sale or gift.  
Warantiadiei, is a writ lying in case, where a man having a day assigned personally to appear in court to any action wherein he is siewed, is in the mean time by commandment employed in the King's service, so that he cannot come at the day assigned. This writ is directed to the justices to this end, that they neither take nor: record him in default for that day. Register original, fol. 18. Of this you may read more in Fitzh. nat. br. fol. 17. and see Glanuile, lib. pri. ca 8.  
Warantia. chartae., is a writ that lieth properly for him who is enfeoffed in land or tenements with clause of warranty, and is impleaded in an Assize or writ of Entry, wherein he cannot vouch or call to warranty: for in this case his remedy is, to take out this writ against the seoffour or his heir. Register orig. fol. 157. Fitzh. nat. br: fol. 134 Of this you may likewise read Fleta, lib. 6. ca 35. and West part 2. simb. titulo Fines. sect. 156.  
Warrantia custodia, is a writ judicial, that lieth for him that is challenged to be ward unto another, in respect of land said to be holden in Knight's service, which when it was bought by the ancestors of the ward, was warranted to be free from such thraldom. And it lieth against the warranter and his heirs, Register judicial, fol. 36.  
Warrant of Attorney. See Letter of Attorney, and Waranty.  
Wardwite significat quietantiam misericordia in casu quo non invenerit quis hominem ad wardam faciendam in castra, vel alibi. Flet a lib. 1. cap. 47.  
Warren (Warrenna, aliâs varrenna) cometh of the French (Garrenne. 1. vivarium, vel locus in quo vel aves, vel pisces, vel ferae continentur, quae ad victum di●ntaxat pertinent) Calapine out of Aulus Gellius. lib. 2. Noct. Attica: cap. 20. A warren (as we use it) is a prescription or grant from the king to a man of having pheasants, partridges, connies, and hares, within certain of his lands, Cromptons' Iurisdict. fol. 148. where he saith, that none can have warren, but only the King, no more than Forest or chase. Because it is a special privilege belonging to the King alone. And a little after he hath words to this effect. The king may grant warren to me in mine own lands, for pheasants and partridges only. And by this grant no man may there chase them without my licence. And so of Hares, but not of Coneys. For their property is to destroy the 〈◊〉 of the 〈◊〉, as to eat corn, and pill the bark of apple trees. M. Manwood in his first part of Forest laws, saith thus of it: A warren is a fraunchise or privileged place of pleasure, only for those beasts and fowls that are beasts and fowls of warren, tantùm campestres & non syluestres. viz. For such beasts and fowls as are altogether belonging to the fields, and not unto the woods: and for none other beasts or fowls. There are but two beasts of warren, that is to say Hares and Coneys: and there are also but two fowls of warren, viz. Pheasants and partridges. And none other wild beasts or birds have any firm peace, privilege, or protection, within the warren. If any person be found to be an offender in any such free warren, he is to be punished for the same by the course of the common law, and by the statute. auno 21. Ed. 3. called the statute de male factoribus in parcis & chaceis etc. For the most part there are not officers in a warren, but the master of the game, or the keeper. A free warren is some time in closed, and also the same some time doth lie open. for there is no necessity of enclosing the same, as there is of a park, for if a park be suffered to lie open, it ought to be seized into the kings 〈…〉 Manwood.  
Warscot, is the contribution, that was wont to be made towards armour in the Saxons time. In Canutus his charter of the Forest set out by M. Manwood in the first part of his Forest laws, num. 9 you have these words: Sint omnes tam primarii quam mediocres, & minuti, immunes, liberi & quietiab omnibus provincialibus summonitionibus, & popularibus placitis, quae Hundred laghe Angli dicunt, & ab omnibus armorum oncribus, quod Warscot Angli dicunt, & forinsecis querelis.  
Warwit, aliâs, Wardwit, is to be quite of giving money for keeping of watches. New exposition of law terms.  
Waste (vastum) cometh of the French (gaster. i. populari. It signifieth diversly in our common law, first, a spoil made, either in houses, woods, gardens, orchards, etc. by the tenant for term of life, or for term of another's life, or of years, to the prejudice of the heir, or of him in the Reversion or Remainder. Kitchen fol. 168. etc. usque 172. upon this committed the writ of waste is brought for the recovery of the things, whereupon the waste is made. See Vasto. Waste may be also made of tenants or bondmen belonging or 〈◊〉 to the manner. Regist. orig. fol. 72. a. & 73. a. See the new book of Entries. verbo Waste. A waste of the Forest (as M. Manwood saith, part prim. of his Forest laws, pag. 172.) is most properly where any man doth cut down his own woods within the Forest, without licence of the king, or of the Lord chief justice in Eyre of the Forest. But it is also, where a man doth plow up his own meadow or pasture, and converterh it unto tillage. And of this you may read him at large, in his second part, cap. 8. num. 4. & 5. Waste in the second signification is taken for those parts of the Lords demesnes, that be not in any one man's occupation, but lie common for bounds or passages of the Lord and tenant from one place to another, and sometimes for all the King's subjects. Which seemeth to be called waste, because the Lord cannot make such profit of it, as he doth of other of his land, by reason of that use which others have of it in passing to and fro. Upon this none may build or feed, or cut down trees, without the Lords licence. Waste hath a third signification, as year, day, and waste. Annus, dies, & vastum: which is a punishment or forfeiture belonging to petittreason, or felonle: whereof you may read Seawnf. pl. cor. lib. 3. cap. 30. And see Year, Day, and Waste.  
Wasters. anno 5. Ed. 3. cap. 14 See Roberds men. See Draw latches.  
Wastell bread; anno 51. H. 3. statute of bread, and statute of pilorie.  
Water bailiffs, seem to be officers in port towns for the searching of ships, anno 28. H. 6. cap. 5.  
Watling street, is one of the 4. ways, which the romans are said to have made here in England, and called them Consulares, Praetorias, Militares, Publicas. M. Camden in his Britannia, persuadeth himself that there were more of this sort than 4. This street is otherwise called Werlam street, (as the same author saith, and howsoever the Romans might make it and the rest, the names be from the Saxons. And Roger Hoveden saith, it is so called, because the sons of Wethle made it, leading from the East sea to the West. Annal. part. prior. fol. 248. a. This street leadeth from Dover to London, and so to S. Albon, and there onward directly toward the Northwest through the land, as from Donstable to Westchester: anno 39 El. cap. 2. the second street is called Ikenild street, beginning ab Icenis, who were the people inhabiting Norfolk, Southfolke, and Cambridge shire, as M. Camden declareth, pag. 345. The third is called Toss: the reason of the name he giveth, because he thinketh it was ditched of each side. The fourth is called Ermine street, Germanico vocabulo, à Mercurio, quem sub nomine Irmunsull. i. Mercurii columna, Germani maiores nostri coluerunt. Of these read more in the said author, pag. 43. & 44. In the description of England going under Saxons name, cap. 7. I read that Belinus a Briton king made these 4. ways: whereof the first and greatest he calleth Fosse, stretching out of the South into the North, and beginning from the corner of Cornwell, and passing soorth by Devonshire, Somersetshire, and so along by Tetburie upon Toteswould besides Coventree unto Leicester, and thence, by the wide plains to Newarke and to Lincoln where it endeth. The second he nameth Watling street, coming out of the Southeast toward the Fosse, beginning at Dover, and passing through the middle of Kent over Thames beside London near Westminster, and thence to S. Albon, by Donstable, Stratford, Towceter, Weden, Lilborn, Atheriston, hearts hill, now called Wreaken, by Severne, Workecester, Stratton, and so forth by the middle of Wales, unto Cardican and the Irish seas. The third he calleth Erminage-street, stretching out of the West Northwest into the East Southeast, from S. David's in the west Wales unto Southampton. The fourth he called Rikenild street, stretching forth by Worcester, by Wicombe, Brinningham, Litchfield, Derby, Chesterfield, and by York forth into Tynmouth. But he that listeth to read at large of these ways, let him have recourse to the first volume of Helinsheds' Chronicle, and the description of England there, the 19 chapter. Where this antiquity is far otherwise declared, then by the former writer. Henry of Huntingdon likewise in the first book of his history, not far after the beginning mentioneth these 4. streets, terming them calls Regia sublimatos authoritate, ne aliquis in eyes inimicum invadere auderet, etc.  
Waterbayliffes. anno 28. H. 6. cap. 5. is an officer belonging to the city of London, which hath the superuison and search of fish, that is brought to that city, as also the gathering of the tolle rising from that water. He is reckoned an Esquire by his office, as the Sword-bearer, the Huntsman, and the chief Sergeant is. He also attendeth upon the Lord Mayor for the time being, and hath the principal care of marshalling the guests at his table.  
Way. See Chimin.  
Weife (wavium) whence it hath his original, I cannot certainly say. But I find the nineteenth chapter of the Grand Custumary of Normandy to be entitled (De choses gaives) and latined by the interpreter (De rebus vaivis) which are there thus defined vaiva sunt res, vel alia, qua nullius proprietati attributa, six possessionis reclamatione sunt inventa, quae usque ad diem & annum servanda sunt. Et de iis modo, quo dictum est de veriscis, that is (weeks) easua esse probantibus est restitutio facienda, etc. This weife or things weived have the very same signification in our common law, and be nought but things forsaken. The Civilians call it (Derelictum) or (Quod est pro derelicto) Bracton in the twelve chapter of his first book nu. 10. reckoneth them inter res quae sunt nullius ea quae pro waivio habentur: sicut de averiis, ubi non apparet Dominus, where he also saith, quòdo limb fuerunt inventoris de iure naturali, & iam efficiuntur principis de iure Gentium. That this is a Regality, and belonging to the King, except it be challenged by the owner within a year and a day, it appeareth by Britton in his venthteene chapter. Now the Kings in their times have granted this and such like prerogatives unto divers subjects with their fees. who there likewise saith, that weifes, things lost, and estrays, must by the Lord of the fraunchise where they are found, be caused to be cried and published in markets and churches near about, or else that the year and day doth not run to the prejudice of him that hath lost them. See Waive. M. Skene de verborum signify. verb. waif, saith, that waif est pecus, vel animal aberrans, which wanders and waverrs without a known master, and being found by any man within his own bounds, must be by him proclaimed upon divers, and sundry market days, at the parish church, and within the shyreevedome. Otherwise the deteiner may be accused of theft. And it is lawful for the owner to challenge the beast within a year and day. Whereby it appeareth, that in Scotland that is called a weife which we here call a stray or estray.  
Weald of Kent, is the woody part of the Country. Camden Britannia, pag. 247. M. Verstegan in his restitution of decayed intelligence saith, that Wald, Weald, and Would differing in vowel, signify one thing, to wit a Forest. See the rest luera. W.  
Wedding (Nuptiae) cometh of the Germane (wed). i. pignus. and wed in Scotland signifieth so much at this day. Skene de verborum signify. verbo Vadium.  
Weigh (waga) is a certain weight of cheese or wool, containing 256. pounds of avoyr de poyce. See Clove.  
Weights (Pondera) what they be, it is wellknowne. There be 2. sorts of them in use with us. The one called Troy weight, which containeth 12. ounces in the pound, and no more: by the which, pearl, precious stones, electuaries, & medicinal things, gold, silver, and bread be weighed: The other is called aver de pois, which containeth 16. ounces in the pound. By this all other things are weighed, that pass between man and man by weight, saving only those above named. why the one should be called Troy weight, I have not learned. though I read it termed libram & unciam Troianam: as if it came from Troy. But Georg. Agricola in his learned tractate de ponderibus & mensuris pa. 339. termeth the pound of 12. ounces libram medicam, and the other of 16. ounces libram civilem. saying thus of them both: Medica & civilis libra, numero non gravitate unciarum differunt. The second seemeth so to be termed by reason of the more full weight. for (Avoir de pois) in French, isas much to say, as to have full weight. But by these words (Avoir de pois) are some time signified such merchandise as are bought and sold by this kind of weights. the first statute of York anno 9 Ed. 3. in prooem. & anno 27. Ed. 3. stat. 2. ca 10. & ann. 24 H. 8. ca 13. Of weights in Scotland. See Skene de verb: signif. verbo Serplathe. All our weights and measures have their first composition from the penny sterling which ought to weigh 32. wheat corns of a middle sort, twenty of which pence make an ounce and twelve such ounces a pound or twenty shillings, but 15. ounces make the Merchant's pound. Fleta, li. 2. ca 12. It is not unlike that this merchant's pound, though an ounce less, should be all one in signification with the pound of avoir de pois: and the other pound, called by Flata throne weight, plainly appeareth to be all one with that which we now call trole weight. And I find not troy weight mentioned by any other that ever I read upon this subject, but only our own country men. See Tronage.  
Weights of Awncell, anno. 14. Ed. 3. stat. pri. c. 12. See auncel weight.  
Were, aliâs were signifieth as much as (Aestimatio capitis, aut pretium hominis. M. Lam. exp. of Saxon words, verbo: Aestimatio. That is to say, so much as one paid for killing of a man. Whereby he gathereth that slaughters, and such other great offences, were more rarely committed in ancient times, then now: when as for the multitude of offenders, death is most justly inflicted for those crimes, that then were redressed by pecuniary mulcts. Of this see Roger Hoveden, part poster. suoruns annalium, in Henrico 2. fo. 344.  
Weregelt thef. significat latronem quire dimi potest. wera enim anglicè idem est in Saxonis lingua, vel pretium vitae hominis appraetiatum. Fleta lib. 1. ca 47.  
West Saxon lage, aliâs West sexenlage. See Law.  
Wharfe (wharfa) is a broad plain place near to a creak or hithe of the water, to lay wares upon, that be brought to or from the water to be transported to any other place. New book of Entries, fol. 3. col. 3.  
Wharfinger, is the keeper of a wharf, anno 7. Ed. 6. ca 7.  
White hart silver (Candidi Cerui argentum) is a tribute or mulct paid into the Exchequer out of the Forest of white hart: which (as M. Camden reporteth in his Britan. pag. 150.) hath continued from Henry the thirds time, and was imposed by him upon Thomas De-la-linde, for killing of a most beautiful hart, which himself before had purposely spared in hunting.  
Widow (vidua) seemeth to come of the French (vide. i. inanitus, exinanitus) or the verb (vuider. i. inaniare) quasi privata atque orba marito. Macrobius lib. pri. saturn. ca 15. draweth it from the Hetruscan verb (Iduare. i. dividere. unde vidua quasi valde idua. i. valde divisa: aut vidua. i. a viro divisa. The signification with us is apparent. But there is one kind of widow, called the widow of the King, or the King's widow (vidua Regis) that requireth exposition. And she is that widow, which after her husband's death being the King's tenant in capite, is driven to recover her Dower by a writ De dote assignanda. Of whom you may read Stawnf: praerog. cap. 4. The words of the statute of the prarog: made anno 17. Ed. 2. be these. Item assignabit viduis post mortem virorum suorum, qui de co tenuerunt in capite, dotem suam, quae eas contingit, &c: licet haeredes fuerint plenae aetatis, sividuae volverint. Et viduae illae ante assignationens dotis suae praedictae, five haeredes plenae aetatis fuerint, sive infra aetatem, iurabunt, quòd se non maritabunt sine licentia Regis. Tunc Rex capiet in manum suam nomine districtionis omnes terras, & tenementa, quae de eo tenentur in dotem, donec satisfecerint ad voluptatem suam: ita quòd ipsa mulier nihil capiet de exitibus, etc. quia per huiusmodi districtiones huiusmodi mulieres, seu viri corum sinem facient Regiad voluptatem suam. Et illae voluntas tempore Regis Henrici patris Regis Edwardi aestimari consuevit ad valentiam praedictae dotis per unum annum adplus nisi ulteriorem gratiam habuerint. Mulieres, quae de Rege tenent in capite aliquam haereditatem, iurabunt similiter, cuiuscunque fuerint aetatis, quòd se non maritabunt sine licentia Regis. Et sifecerint, ●errae & tenementa ipsarum eodent modo ca〈…〉 tur in manum De●ini Regis, 〈…〉 usque satisfecerint ad voluntatem Regis. Of this see likewise the great charter cap. 7. whereby it appeareth that other common Lords have the same power over their widows, touching their consent, in their marriage, that the King hath. Of this you may read more in the writ De dote assignanda. Fitzh. nat. br. fo. 263. C. See also the statute anno 32. H. 8. cap. 46.  
Windelesor. a Herald. See Herald.  
Withernam (vetitum Namium) Master Lamberd thinketh to be compounded of (whither. i. altera, sive secundae) & (Nam. i. pignoris captio) marveling much why it should so far be depraved in the interpretation, as to be translated (vetitum Namium.) Read him in the explication of Saxon words, verbo, Pignorari. The concord of the thing signified with the meaning of the Latin words, maketh some to think, that it is compounded of (wehrens. i. veto,) and (nyman,) or nemmen. i. capio.) For withernam in our common law is the taking, or driving a distress to a hold, or out of the county, so that the shreeve cannot upon the replevin make deliverance thereof to the party distrained: In which case, the writ of Withernam, or de vetito Namio is directed to the shreeve, for the taking of as many of his beasts that did thus unlawfully distrain, or as much goods of his, into his keeping, till that he hath made deliverance of the first distress. Also if the beasts be in a fortlet or castle, the shreeve may take with him the power of the county, and beat down the castle, as it appeareth by the Statute. Westm. pri. cap. 20. Britton. cap. 27. But M. Lamberds interpretation seemeth more consonant to the writ, the form whereof is thus in part, (Fitz. nat. br. fol. 73.) Tibi praecipimus quòd averia praedicti B. in Balliva tua capias in withernam, etc. and the Register orig. fol. 82. & 83. & 79. a. & 80. a. and in the Register judic. fol. 29 a. & 30. a. Whereby it appeareth, that the Shyreeve by these words is willed to take in compensation of the former taking, so many cattle, etc. But yet this may qualify M. Lamberds marveling, because they that translated this word into such Latin, seem to have been deceived by the propinquity of the word, (wehrens) both to the word (withernam) and also to the meaning. This error (if it be an error) hath a probable likelihood of descent from the Normans, as appeareth by the grand customary. cap. 4. where you have words to this effect: Deficientes (sc. Balivos) facere iusticiari, & ca, de quibus judicium vel recordatio habet fieri in curia: debet (sc. justiciarius) retrahere vel recitare. Treugam dari debet facere, quod est assecuratio pacis observandae. Nampta injust capta per ius facere liberari, etc. Here you may see (nampta) referred to the first taking or distress, which is unlawful. Sir Thomas Smith in his Repub. Anglor. agreeth with M. Lamberd in these words: This (withernam) he (meaning Litleton, with whom Bracton also agreeth. lib. 2. cap. 5. & lib. 3. tract. 2. cap. 36.) interpreteth vetitum Namium, in what language I know not. Whereas in truth it is in plain Dutch, and in our old Saxon language (whither nempt. i. alterum accipere, alterum rapere,) a word that signifieth all one with that barbarous Latin word, (Repraesalia) when one taking of me a distress, which in Latin is called (pignus) or any other thing, and carrying it away out of the jurisdiction, where I dwell, I take by order of him that hath jurisdiction, another of him again, or of some other of that jurisdiction: and do bring it into the jurisdiction, wherein I dwell: that by equal wrong I may come to have equal right, etc. Namatio animalium in Scotland is used for the pounding of cattle, Skene de verbor. signif. verbo, Averia: whom also read, verbo, Namare. Withernam in Bracton lib. 3. tract. 2. cap. 37. and also in Westm. 2. ca 2. seemeth to signify an unlawful distress, made by him that hath no right to distrain. an. 13. Ed. prim. cap. 2. See the new book of Entries. verbo Withernam.  
Woad, (glastum) is an herb brought from the parts of Tolouse in France, & from Spayno, much used and very necessary in the dying of woollen cloth. an 7. H. 8. cap. 2. we call it woad of the Italian word (guado) or the German word (weidt.)  
Woodgeld, seemeth to be the gathering or cutting of wood within the Forest, or money paid for the same, to the use of the Foresters. And the immunity from this by the Kings grant, is by Crompton called Woodgeld. fol. 197.  
Woodmen, seem to be those in the Forest, that have their charge especially to look to the King's woods. Manwood part pri. of his Forest laws pag. 193. and Cromptons' Iurisd. fol. 146.  
Woodmote court, is the Attachment of the Forest. Manwood part pri. of his Forest laws. pag. 95. See Attachment.  
Woodward (Woodwardus) is an officer of the Forest, whose function you may partly gather by his oath set down in Cromptons' Iurisd. fol. 201. which M. Manwood hath also in his first part of his Forest laws pag. 50. to the same effect, but something more at large. viz. You shall truly execute the office of a woodward of B. woods within the Forest of W. so long as you shallbe woodward there: you shall not conceal any offence either in Vert or in Venison, that shallbe committed or done within your charge: but you shall truly present the same, without any favour, affection or reward. And if you do see or know any malefactors, or do find any Deer killed or hurt, you shall forthwith do the verderour understand thereof. And you shall present the same at the next court of the Forest: be it Swainmote, or court of Attachments, so help you God. woodward's may not walk with bow and shafts, but with Forest bills. Manwood part pri. of his Forest laws pag. 189. and more of him pag. 97.  
Wooldriver, anno 2. & 3. Ph. & Ma. ca 13. be those that buy wool abroad in the country of the sheep masters, & carry it by horse back to the clothier's or to market towns to sell it again.  
Woolferthfod (Caput lupinum) is the condition of those, which were outlawed in the Saxons time, for not yielding themselves to justice. For if they could be taken alive, they must have been brought to the King: and if they in fear of apprehension did defend themselves they might be slain, and their heads brought to the King. For they carried a wolves head, that is to say: their head was no more to be accounted of, than a wolves head, being a beast so hurtful unto man. See the laws of K. Edw: set out by M. Lamberd fol. 127. b. nu. 7. The very like whereof Bracton also saith lib. 3. tract. 2. ca 11. See utlarie. Roger Hoveden writeth it (Wuluesheved. part poster, suorum annalium fol. 343. b.) whom read of this matter because you shall there see what it was in those days to violate the peace of the church.  
Woolstaple, anno 51. H. 3. stat. 5. See Staple.  
Wool winders, be such as wind up every fleece of wool that is to be packed and sold by weight, into a kind of bundle after it is cleansed in such manner as it ought to be by statute. And to avoid such deceit as the owners were wont to use by thrusting locks of refuse wool and such other dross to gain weight they are sworn to perform that office truly between the owner and the merchant. See the statute, anno 8. H. 6. cap. 22. & anno 23. H. 8. ca 17. & anno 18. Eliza. ca 25.  
Would. See Weald.  
Wranglands, seem to be misgrowne trees that will never prove timber. Kitchen fol. 169. b.  
Wormseede (semen santonicum) is medicinal seed brought forth of that plant which in Latin is called (Sementina) in English, holy wormwood, whereof you may read in Gerard's Herbal li. 2. ca 435. This is a drug to be garbled, anno 1. jacob. cap. 19  
Wreck (wreccum vel wrectum maris) is the loss of a ship and the goods therein contained by tempest, or other mischance at the sea. The Civilians call it (Naufragium) This wreck being made, the goods that were in the ship, being brought to land by the waves, belong to the king by his prerogative. And thereupon in many books of our common law the very goods, so brought to land are called wreck. And wreck is defined to be those goods which are so brought to land. Sir Ed. Coke vol. 6. relatio, f. 106. a. & the statute anno 17. Ed. 2. ca 11. in these words. Item Rex habebit wreccum maris, per totum Regnum, ballenas, & sturgiones captas in mari vel alibi infra Regnum, exceptis quibusdam locis privilegiatis per Regem. Whereby it appeareth that the King hath them, or such as have by grant this liberty or privilege of him. And that this statute doth but affirm the ancient law of the land, it appeareth by Bracton, lib. 2. cap. 5. num. 7. hiis verbis: Suntetiam alia res quae pertinent ad coronam propter privilegium Regis, & it a communem non recipiunt libertatem, quin dari possint, & ad alium transferi. Quia si transferantur, translatio nulli erit damnosa, nisi ipsi Regi five principi. Et si huiusmods res alicui concessae fuerint, sicut wreccum maris, etc. The reason of this he toucheth shortly in his first book. cap. 12. num. 10. where he reckoneth these goods (iure naturali) to be (in bonis nullius) quia non apparet Dominus eorum, sed iure Gentium fieri principis: And see him also, lib. 2. cap. 24. num. 1. & 2. It is worth the ask to know: what is a wreck, and what not in this stricter signification. And the author of the terms of law saith, that if any person of the ship come to land, it is not a wreck, or the wreck is not such, that the king ought to have the goods. with whom agreeth S. Ed. Coke vol. 6. f. 107. a. No, if either Dog or Cat escape alive to the land: the goods are the owners still, so he come within a year, and day to claim them. And for this the statute is plain Westm. pri. ca 4. anno 3. Edw. pri. which doctrine Fitzh. in his nat. br. fol. 112. 〈◊〉 extendeth thus far, that if any of the goods be cast upon the dry land by any in the ship, it is no wreck subject to the prerogative, for by this some of the ship are presumed to come to land, and still to have a custody of the goods. Cook ubi supra. This in the Grand customary of Normandy. cap. 17. is called (varech) and latined (veriseum) where it appeareth that the like law to ours was in Normandy almost in all points. But some sorts of their precious Merchandise do by their law appertain to the Duke by his prerogative, though a just challenge of the goods be made within the year and day. The Emperors of Rome made no advantage of this pitiful event, as appeareth: titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some remorse of poor sea men's miseries in this case. For he quietum clamavit wreck suis subditis. Rog. Hoveden part poster. suorum annal. fol. 386. Of this M. Skene de verb. signif. speaketh to this effect: wreck signifieth a power, liberty, and prerogative appertaining to the King, or to any person, to whom the same is granted by him by feoffment, or any other disposition, to take up and gain such goods as are ship broken, or fall to him by escheat of the sea.  
Writ, (breve) is that with our common lawyers (in Sir Tho. smith's judgement lib. 2. de Repub. Anglorum. cap. 9) which the Civilians call (Actionem, sive formulam) But I am rather of his judgement, that hath added the marginal note unto him, saying that (Actio) is the parties whole suit: and that (Breve) is the king's precept, whereby any thing is commanded to be done touching the suit or action: as the defendant or tenant to be summoned, a distress to be taken, a disseisin to be redressed, etc. And these writs are diversly divided, in divers respects. Some in respect of their order, or manner of granting, are termed original, and some judicial. Original writs be those, that are sent out for the summoning of the Defendant in a personal, or Tenent in a real action, or other like purpose, before the suit beginneth, or to begin the suit thereby Those be judicial, that be sent out by order of the court, where the cause dependeth, upon occasion growing after suit begun. old. nat. br. fol. 51. And judicial is thus by one sign known from the Original, because the Teste beareth the name of the chief justice of that Court whence it cometh, where the Orig. beareth in the Teste the name of the Prince. Then according to the nature of the action, they be personal or real: and real be either touching the possession, called writs of Entry, or the property, called writs of right. Fitzh. nat. br. sparsim per totum. Some writs be at the suit of a party, some of office. old. nat. br. fol. 147. Some ordinary, some of privilege. A writ of privilege is that which a privileged person bringeth to the court, for his exemption, by reason of some privilege. See Pro cedendo. See the new book of Entrise. verbo. privilege. See Brief.  
Writ of rebellion. See Commission of rebellion.  
Writer of the talies (Scriptor talliarum) is an officer in the Exchequer being clerk to the auditor of the receipt, who writeth upon the talies the whole letters of the tellers bills.   

Y  
YArd land (Virgataterrae) is a quantity of land called by this name of the Saxon (Gyrdlander (but not so certain a quantity, as that it is all one in all places. For in some country it containeth 20. acres: in some 24. in some 30. as M. Lamb. saith in his explication of Saxon words: verbo virgata terrae. This yard land Bracton calleth (virgatam terrae. lib. 2. cap. 20. & 27.) but he expresseth no certainty what it containeth.  
Year and day (annus & dies) is a time thought in construction of our common law fit in many cases to determine a right in one, and to work an usucapion or prescription in another. As in a case of an estray, if the owner (proclamations being made) challenge it not within that time, it is forfeit. So is the year and day given in case of appeal, in case of descent after entry or claim; of no claim upon a fine or writ of right at the common law: so of a villain remaining in ancient demean, of the death of a man sore bruised or wounded: of protections; essoines in respect of the King's service: of a wreck, and diverse other cases Coke. vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the civil law. Nam si mortifere fuerit vulneratus, & postea post lon. gum intervallum mortuus sit, inde annum numerabimus secundum ●ulianum. l. ait lex. Π. ad legen Aquil.  
Year, day, and waste, (annus dies, & vastum) is a part of the King's prerogative, whereby he challengeth the profits of their lands and tenements for a year, and a day, that are attainted of petit treason or felony, whosoever be Lord of the manner, whereunto the lands or tenements do belong, and not only so, but in the end wasteth the tenement, destroyeth the houses, rooteth up the woods, gardens, pastures, and ploweth up meadows, except the Lord of the fee agree with him for the redemption of such waste, afterward restoring it to the Lord of the fee. Whereof you may read at large in Stawnf. praerog. cap. 16. fol. 44. & seqq.  
yeoman, seemeth to be one word made by contraction of two Danish words (young men) which I gather out of Canutus' Charter of the Forest set out by M. Manwood part prim. fol. prim. num. 2. in these words: Sunt sub quolibet horum quatuor ex mediocribus hominibus, quos Angli (Legespend) nuncupant, Dani verò (young men) vocant, locati, qui curam & onus tum viridis tum veneris suscipiant. These M. Camden in his Britan. pag. 105. placeth next in order to Gentlemen, calling them (Ingenuos) whose opinion the statute affirmeth, anno 16. R. 2. cap. 4. whereunto add the statute anno 20. eiusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor. lib. prim. cap. 23. calleth him a yeoman, whom our laws call legalem hominem: which (as he saith) is in English a Free man borne, that may dispend of his own free land, in yearly revenue, to the sum of forty shillings sterling. Of these he writeth a good large discourse, touching their estate and use in this common wealth. The former etymology of the name he liketh not, making question whether it come of the Dutch (younker) yea or not, which in the Low countries signifieth a mean Gentleman, or a gay fellow. But he that hath added the marginal notes to that book, seemeth to draw it from the Saxon (Geman) which signifieth a married man. M. Versteg an in his restitution of decayed intelligence, cap. 10. writeth, that (Gemen) among the ancient teutonics, and (Gemein) among the modern, signifieth as much, as Common, and that the first letter G. is in this word, as in many others, turned into Y. and so written Yemen, and that therefore Yemen, or Yeomen signifieth so much as Commoner. yeoman signifieth an Officer in the King's house, which is in the middle place between the Serge an't and the Groom: as yeoman of the Chaundrie, and yeoman of the Scullery. anno 33. H. 8. cap. 12. yeoman of the Crown. anno 3. Ed. 4. cap. 5. & anno 22. eius. cap. 1. & anno 4. H. 7. cap. 7. This word (Youngmen) is used for Yeomen in the statute. anno 33. H. 8. cap. 10.  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉   
FINIS.