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 throughly to be instructed in the knowledge of our Laws, Statutes, or other Antiquities. Collected by JOHN cowel, Doctor, sometime the King's Majesty's Professor of the Civil Law in the University of Cambridge. In Legum obscuritate captio. LONDON Printed by F. Leach, and are to be sold by Hen. Twyford, Tho. Dring, and Io. Place, 1658. To his Reverend Father in GOD, his especial good Lord, THE LORD ARCHBISHOP OF CANTERBURY, Primate and Metropolitan of England, and one of his MAJESTY'S most Honourable Privy Council. AFter long deliberation, I hardly induced myself to crave your gracious protection towards this simple work: valuing 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 personage. 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, and cannot perform much, must needs rejoice at the good acceptance of that little which he performeth. All I crave, for this at your Grace's hands, is patience and pardon for this enterprise, with the continuance of those your many favours, that hitherto to my great comfort I have enjoyed. And so my long observation of your judicious disposition, having taught 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 prosperity, to his glory, and the good of his Church. Your Graces at all Commandment. JO. cowel: To the Readers GENTLE Readers, I here offer myself to your censures, with no other desire, than 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 their better imbellishing of our English Laws: yet am I neither so vain as to deny my imperfections, nor so passionate as to be offended at your charitable reformations. Nay my true end is the advancement of knowledge; and therefore have 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 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 kind of work in their profession, to an unexpected excellency. I have seen many of them that have bestowed very profitable and commendable pains therein: And Lastly, one Calvinus a Doctor at 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 learned in our Common Laws and Antiquities of England, yet to lend their advice, to the gaining of some comfortable lights and prospects towards the beautifying of this ancient Palace, that hitherto hath been accounted (howsoever substantial) yet but dark and melancholy. Whosoever will charge these my travels with many oversights, 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 since out of famous Tully, That as no man's errors ought to be followed, because he saith 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 indicious that ever wrote, 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 my 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 is 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, than 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. Wherefore, 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, Stices, 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 indeed 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 wall. And therefore if I have either omitted any hard word within my circuit, or set it 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. cowel. The Signification of Words. AB ABATE (Intrudere) 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. fol. 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: especially, 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 ou●. 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, an. 34 Ed. 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. dejectio, decussio, prostratio) and 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 passing 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 in 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 Speciality, 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 Disseisor, Abator, or Intrudor upon any Land by the deceit of the woman, etc. Abbot (Abbas) in French Abbé, 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 h●bent jurisdictionem Episcopalem ad quos cum Ecclesia pleno jure pertineat, in corum Monasteriis Episcopus nihil exercet, cap. Ea quae. Ubi Panor, extra de statu Monacho. Haec dictus Author in Paraphrasi de Sacerdotio, materia parte pri. cap. 9 And these were called Abbots sovereign, anno 9 R. 2. cap. 4. and Abbots generals, as M. Ferne noteth in his glory of generosity, pa. 126. The other sort were subject to the Diocesan in all spiritual government, cap. Monasteria 18. quaest. 2. ca Abbas. & ca visitandi, cum quatuor sequentibus ibidem, Omnes 16. quaest. 7. & ca Cum venerabilis, extra de religiosis domibus. And as Abbots, so were there Lord Priors also, who both had exempt jurisdiction, and were Lords of the Parliament, as appeareth by S. Edwara Cook de jure Ecclesiastico. fol. 28. a. Abeyance, seemeth to be derived from (Abayer. i. allatrare) to bark at as Dogs do against a Stranger, or Spaniels at a Feasant put to the Peark. So children are said (bayer à la mamme) when seeing the dug, they struggle and make means towards it. And they likewise (bayer aut Pargent) qui spe atque animo incumbunt pecuniae. This word in Littleton, 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 Frank 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 unbayard, is avidus spectator, a greedy beholder. I cannot in mine own opinion better compare this, than to that which the Civilians call Haereditatem jacentem. For as Bracton saith (lib. 1. cap. 12. nu. 10.) Haereditas jacens nullius est bonis ante aditionem. Sed fallit in hoc quia sustinet vicem personae defuncti, vel quia speratur futur a haeredisas ejus qui adibit. So that (as the Civilians say) goods and lands do jacere, 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 (Abetare) 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 always used in the evil part. Abishersing (according to Rastall in his Abridgement, titulo Exposition of law words) is to be quit of amerciaments before whomsoever, of transgression. The Author of the new terms calleth it otherwise (Mishersing) and saith it is to be quit of amerciaments, before whomsoever, of transgression proved. I am of opinion that the word original signifieth a forfeiture, or an amerciament, and that it is much transformed in the writing, by misprision and ignorance of Clarks: thinking it very probable that it proceedeth from the Germane verb Beschetzen, which is as much as fisco addicere vel confiscere. It seemeth by the former Authors to be termed a freedom or liberty; because he that hath his word in any Charter or Grant, hath not only the forfeitures and amerciaments of all others, within his fee or transgressions, but also is himself free from all such control of any within that compass. Abjuration (abjuratio) signifieth in our common law a sworn banishment; or an oath taken to forsake the Realm for ever. For as Stawnf. pl. Cor. lib. 2. ca 40. saith out of Polydore Virgil's 11 book of Chronicles, the devotion toward the Church, first in Saint Edward a Saxon King, and so consequently in all the rest, until anno 22 Hen. 8. was so earnest, that if a man having committed felony, could recover a Church, or Churchyard, 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 their Coroner, before them or him give his oath finally to forsake the Realm. Of this you may read a touch, an. 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, fo. 260. 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 Master Lambert, num. 10. but more directly by the Normans, as is evident by the grand Custumary, ca 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 cleave to the Church, he shall foreswear 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 towards 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. Num. ca 15. vers. 6, 11, 12. Deut. 19 vers. 2. Josh. 20. vers. 2. But as it was in our Ancestors days larger by great odds, in this Realm, so had it less reason, as may appear to all that will compare them. Of all circumstances belonging to this abjuration, you may further 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 abjurarion of his liberty and free habitations, he would choose to spend his life, as appeareth, an. 22 Hen. 8. cap. 14. And this benefit also by other Statutes is at the last wholly taken away. So that abjurati on at this day hath place but in few places: 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 of the King's Dominions. This the Civilians call exilium, or deportatinem, li. 28. Digest. tit. 22. de interdictis, relegatis, & deportatis. Abridge (abbreviare) 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, raseth 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: Brook, titulo Abridgement: and an. 21 Hen. 8. ca 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: & ponit conjunctim, divisim, et de quolibet, et de tali et 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 petens, ut quatenus 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 height of his demand. Abridgement (abbreviamentum) see Abridge. AC 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 f. 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 Fitz. nat. br. fol. 18. d. 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 Fitz. 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. orig. fol. 83. Accessary (Accessorius vel Accessorium) is used in our Common law, otherwise than 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 accessary 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 commit a selony, and is not present at the execution thereof. For his presence maketh him also a principal: wherefore there cannot be an accessary before the fact in manslaughter, because manslaughter is sudden and not prepensed, Cook lib. 4. fol. 44. a. Accessary after the fact, is when one receiveth him, whom he knoweth to have committed selony. Accessary by Statute is he that abetteth, counselleth, 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 accessary of an accessary, as he that wittingly receiveth an accessary to felony, lib. Assis. 26. pl. 51. coron. Fitz. 197. Stawnf. pl. cor. lib. 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 whereof you may see, Cook li. 4. fo. 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. Cromprons 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 soccage toward his Ward, and such others, as you shall find particularly named by Fitz. in his nat. br. fol. 116. where you may also have the form and further use of this writ. See ex parte talis. Accroche. See Encrochment. This word Accroche is used, an. 25 Edward 3. Stat. 3. cap. 8. Achat, cometh of the French (achet, i. emptio, nundinatio) and is used for a contract or bargain. Brook tit. Contract. Acquittal, signifieth in our Common law most ordinarily a deliverance and setting free from the suspicion or guiltiness of an offence and is two fold: acquital in law, or acquital in fact. Acquital in law is, when two be appealed or indicted of felony, one is principal, the other accessary, the principal being discharged, the accessary by consequent is also freed. And in this case as the the accessory is acquitted by law, so is principal in fact, Stawnf. pl. cor. fol. 168. Acquittance (acquietantia) cometh from the French (quicter, or quitter, i. accepto far, or quictance, i. acceptitatio, apocha) and signifieth a release or discharge from a debt formerly due. But the verb (acquit) the participle (acquitted) and the noun (acquittal) signify also a discharge or clearing from an offence objected, as, acquitted by proclamation, Smith de Rep. Anglo. pa. 76. Stawnf. pl. cor. fol. 168. Brook tit. Acquittal. See the new terms of Law, verbo, Acquittal and 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, Regist. orig. 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 Eliz. ca 7. and with this measure agreeth Master Crompton in his Jurisdiction of Courts, fol. 222. though he say also, that according to the divers customs of divers Countries the the Perch differeth, being in some places and most ordinarily, but 16 foot dimid. But in the County of Strafford 24 foot, as was adjudged in the case between Sir Edward Aston, and Sir John B. in the Exchequer. In the Statute made of sowing of Flax, anno 24 H. 8. cap. 4. eight score Perches make an acre, which is 40 multiplied by 4. See also the ordinance of measuring of Land, made an. 34 Ed. 1. statut. 1. which agreeth with this account. The word (Acre) seemeth to come from the Germane 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 lib. 4. Instit. titulo de actionibus, viz. Actio nihil aliud est quàm jus persequendi 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 requited or sued for in his own name, and no 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 and reason he farther exemplifieth in the words there following, which he that will may read at large. Action mixed is that which lieth as well 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 and the person. Bract. lib. 3. cap. 3. nu. 5. For example, the division of an Inheritance between coheirs or copartners, called in the Civil law (actio familiae exciscundae:) secondly, the division of any particular thing being common to more, called likewise (actio de communi dividundo:) and this kind of action (saith Bracton) doth seem to be mixed, because it lieth as well against the 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. π. 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 disseisin: the which writ, if the disseisour make a feoffment to another, the disseiseur shall have a remedy against the disseisour and the feoffer, or other land tenant, to recover not only the land, but the damages also. See the test. These words occasion me to show, that actio is by the Civil law called mixta in two respects: Nam quadam mistae sunt, quòd in se, & actionis in rem, & actionis personalis naturam habeant, & in üs, & actor & reus uterque sit, l. actionis verbo. §. fina w. de obliga. & actio. Tales sunt actio familiae excisc. communi dividun. & finium regun. quaedam verò mistae sunt quòd rem simul & 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 latter 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 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 customary law, the other from some Statute. Brook tit. Action sur le statut. Action of the final cause, is divided into civil, penal, & mixed. Cook vol. 6. fol. 61. a. Action civil is that, which tendeth only to the reeovery 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. cap. 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. Fitz. not. br. fol. 171. and against Jurours 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 he is a Bastard. Bract. lib. 3, ca 4. nu. 6. For this point of bastardy must be tried before the cause can further proceed, and therefore is termed praejudicialis, quia prius judicanda. Action is either awncestrel, 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 in factum, and our common Lawyers, action upon the case. In factum actiones dicuntur ideo, quia quod nomine non possunt exprimere negotium, id rei gesta 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. Wesenb. 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 be more like to the Pretours Action in factum, than 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, ple biscitum or senatusconsultum. For as the praetor, so the common People in comitiis tributis, and 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 their 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, the perpet. & tempor. actio. in Instit. 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 three 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 and 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 veró triginta. sect. 1. the perpet. & temp. actjoin 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 bonae 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. ●. Deobligatio. & actio. AD 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 personal, appeals, and indictments. It is provided by Statute an. 1 H. 5. cap. 5. upon the penalty therein expressed. Terms of the Law. Brook farther addeth, that it is likewise requisite in Towns, and Gates of the 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 appertaining 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 Hoveden, part poster. suorum Annal. fol. 347. a. Adjournment (adjournamentum) is almost all one with the French (adjovarement. i. denunciatio vel diei dictio.) and signifieth in our Common-law an assignment of a day, or a putting off until another day, Adjournment in eyre, (anno 25 Ed. 3. Statute of Pourveyers, cap. 18.) is an appointment of a day, when the Justices in eyre mean to sit again. Adjourn. anno 2 Edw. 3. cap. 11. hath the like signification. And this whole Title in Brook his Abridgement proveth the same. The bastard Latin word (adjournamentum) is used also among the Burgundians, as M. Skene noteth in his Book De verbo signi. verbo, Ad urnatus, out of Cassaneus 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 than of right belonging 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 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 by the Ordinary, and 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 Degrees. Can. 23. quaest. 5. cap. 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. cap. 11. whereby Power was given to the Ordinary to appoint these Administrators, and to authorise them as fully as Executors, to gather up, and to dispose the Goods of the deceased: always provided, that they should be accountable for the same, as Executors. And before that, viz. Westm. 2. anno 13 Ed. 1. cap. 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, and those that derive Ecclesiastical Authority from them, grew first from the constitution of Leo the Emperor. Co. de Episco. et cleri. l. nulli li 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 (amerel) 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 & determining of all Causes, as well Civil as Criminal belonging to the Sea. Cromptons' divers jurisd. fo. 88 and the Statutes anno 13 R. 2. ca 5. & anno 15. ejusdem, ca 3. & anno 2 H. 4. ca 11. & anno 2 H. 4. ca 6. & anno 28. H. 8. ca 15. with such like. This Officer is in all Kingdoms of Europe that border upon the Sea: and this Authority in the Kingdom of Naples is called, magna Curia Admiratiae quae habet jurisdictionem in eos qui vivunt ex arte maris. Vincent. de Franch. deseis. 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 Admirals in these day, but only in time of War. Neither do I find any such Officer belonging to the Emperors in our Code. And M. Gwin 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 Jurisdictions 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 Edward the first, but also of King John, all causes of Merchants and Mariners, and things happening within the Flood-mark, were ever tried before the Lord Admiral. Ad jura 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 divers 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. fol. 38. and the Register orig. fol. 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 single 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. brev. folio 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 Tenent, or other Stranger that occupieth the same, and deforceth the Leasour. Which Writ belongeth to the Leasour and his Heir also. Fitzh. nat. br. fol. 201. Advent (adventus) is a certain space of time comprising a Month or thereabouts, 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 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 Marriages were forbidden., by reason of a certain spiritual joy that the Church, and 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 distreined, 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 disseifinae) li. 4. cap. 26. And I find in Cassanaeus de consuet. Burg. pag. 1210. (advohare) in the same signification, and pag. 1213. the Substantive (desavohamentum) for a disavowing or refusal to avow. Advowzen (advocatio) signifieth in our Common-law a right to present a benefice, as much as (jus 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 jure Patronatus in Decretal. And advowzen being a bastardly French word is used for the right of presenting, as appeareth by the Statute of Westm the second, anno 13 Edw. 1. ca 5. Advowzen is of twosorts: advowzen in gross, that is, sole or principal, not adhering or belonging to any Manor as parcel of the right thereof: advowzen dependant, which dependeth upon a Manor as appertinent unto it, termed of Kitchen an incident, that may be separated from the Subject. Of this M. John Skene de verbo sig. hath these words: dicitur advocatio Ecclesiae, vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam, & asserit se in eadem habere jus Patronatus, eamque esse sui quasi clientis loco, vel potiùs cùm aliquis (nempe patronus) advocate alium jure suo ad Ecclesiam vacantem, cumque 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. Anno 25 Ed. 3. stat. 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 jus advocationis alicujus Ecclesiae, ut ad Ecclesiam, nomine proprio non alieno, possit praesentare. Fleta l. 5. ca 14. § 1. Fitzh. in his nat. br. fol. 39 useth it in the same signification. See Advowzen, and Avowè. A Aetate probanda, is a Writ that the Kings Tenent holding in chief by Chivalry, and being Ward by reason of his nonage, obtaineth to the escheator of the County where he was born, or some time where the Land lieth, to inquire, whether he be of full age to have delivery of his Lands in his own hand. Register orig. fol. 294. & 295. Fitzh. nat. br. fo. 253. who also fo. 257. saith, that this Writ is sometime directed to the Sheriff to empanel a Jury, for this is inquiry against a day certain, before Commissioners authorized under the broad Seal to deal in such a cause. Airy of Coshawkes' (aeria accipitrum) cometh from the French (aiere) signifying so much as (par) in Latin, or (a pair) in English. For the Frenchman 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 we generally call a nest in other birds. So it is used anno 9 H. 3. c. 13. in the Charter of the Forest, and in divers other places. OF Affeerours (afferatores, aliâs 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-leets, etc. upon Oath, to mulct such as have committed faults arbitrably punishable, and have no express penalty set down by Statute. The form of their Oath you may see in Kitchen, fol. 46. The reason of this appellation may seem to be, Because they that be appointed to this Office, do affirm upon their Oaths, what penalty they think in Conscience the Offendor hath deserved. It may likewise probably be thought, that this cometh from (fear) an old English word, signifying a Companion, as (gefera) doth amongst the Saxons by M. Lamberd● testimony, verbo (contubernalis) in his explication of Saxon words. And so it may be gathered that M. Kitchen taketh it, ca Amercements, foe 78. in these words (Mas file 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 anno 25 Ed. 3. st. 7. viz. And the same Justices before their rising in every Sessions, shall cause to be afeard the amercements, as pertaineth; and also to the same effect, anno 26 H. 8. cap. 6. Kitchen foe 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 ●o de testibus. Bracton hath Affidare mulierem, for to be betrothed to a Woman, li. 2. cap. 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 (aestimare, indicare, etc.) which Etymology of all the other pleaseth me best, leaving every man to his own Judgement. Affirm (affimare) 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. c. 12. And so is the verb itself by M. West. parte 2. symbolai. titule, Fines. sect. 152. And if the Judgement be affirmed, etc. as also by M. Crompton in his divers Jurisd. fo. 166. Afforest (afforestare) is to turn ground into Forest. Charta de foresta, c. 1. & 30. an. 9 H. 3. What that is, look more at large in Forest. Affray (affreia) cometh of the French (affraier, i. horrificare, terrere) it signifieth in our Common law a Skirmish, or fight between two or more. M. Lambert in his cirenarcha, lib. 2. cap. 3. saith, that it is oftentimes 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 Leet. 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 subject by any unlawful sight of violence or armour, etc. tending toward violence. For so is it used, an. 2. Ed. 3. cap. 3. AG Age (atas) cometh from the French (age) and signifieth in our Language, that part of 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. Littleton lib. 2. cap. 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. Bracton 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 lib. 5. cap. 22. Littleton 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 fourteen 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. jure come. cap. 24. Touching this matter, take further these notes perspicuously gathered. At the age of fourteen 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. ca 9 And at the age of fourteen years a Man may consent to marriage, as a Woman at twelve. Bracton ubi supra. At the age of fifteen years, a man ought to be sworn to keep the King's peace, anno 34 Ed. 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. Ed. 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 Lomberds little at 18. years, as appeareth by Hotemans 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 major. 25. ann. l. fin. Co. de Legit. tit. in principio, titulo de curate. in Institut. The age of twelve years bindeth to appearance before the Sheriff & Coroner for enquiry after Robberies, ann. 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 (gist, i. jacet) having (gisir) in the Infinitive mood, whence cometh the noun (gisme) a lying in childbed: or rather of (gister, i. stabulari) a word proper to a Deer, cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit, unde commoda & propinqua sit pabulatio. Budeus in posteriori libro philologiae. Where also he saith, that (giste) est idem quod lustrum vel cubile. Or if it may be probably deduced from the Saxon word (Gast, i. hospes.) It signifieth in our Common law, to take in and feed the of strangers in the King's Forest, and to gather the money due for the same to the King's use, Charta de foresta, an. 9 H. 3. cap. 9 The Officers that do this, are called (agistors) in English, Guest-takers, eodem c. 8. Cromptons' Jurisdict. fo. 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 agistando, recipiendo, imbrevitando, 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 exemplified by cases. AY Aid (auxilium) is all one in signification with the French (aid) and differeth in nothing, but the only pronunciation, if we take it as it is used in our vulgar language. But in the Common law, it is applied to divers 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 ca 8. or for the making of his son Knight, or the marrying of his daughter, 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 7 years, Regist. orig. fol. 87. a. and that at what rate themselves listed. But Statute West. 1. anno 3. Ed. 1. ordained a restraint for so large a demand, made by common persons being Lords, in this case, and tied them to a constant rate. And the Statute made anno 25. Ed. 3. stat. 5. ca 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. cap. 10. This imposition seemeth to have descended to us from Normandy: for in the grand custumary, cap. 35. you have a Tractat entitled (des aides chevelz, i. de auxiliis capitalibus) whereof the first is (a fair l'ai●è filz. de son seigneur chevalier. i. ad filium primogenitum militem faciendum) the second (son ainee fille 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 au Duc, i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello. Ducis Normandiae. Also I find in Cassan. 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 deseis. 131. where he calleth it adjutorium 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 Menochius lib. 2. de arbitrat, Jud. quaest. centuria 2. cap. 181. Habent saepissimè feudorum possessores & Domini multa in corum ditionibus privilegia, multasque cum locerum incolis conventiones: inter quas, illa una solet nominari, ut possit Dominus collect am illis indicere pro solutione dotium suarum filiarum, cùm matrimonio collocantur. Hoc aliquando Romae observatum à Caligula fuisse, 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 nuptiis 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: sicut etiam quaedam consuetudines quae servitia non dicuntur, nec concomitantia servitiorum, sicut rationabilia auxilia ad filium primogenitum militens faciendum, vel ad filiam primogenitam maritandam: quae quidem auxilia sunt de gratia & non de jure, pro necessitate et indigentia domini capitalis. Et non sunt pradialia, sed personalia, secundum 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 auxtlium, 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. Fitzherbet mentioneth both prior in aid, and prior aid de patron, etc. auxilium petere à patrono, Nat. Brev. foe. 50. d. And the new book of Entries, Verbo Aid de parcener, auxilium de parcionaria, fo. 411, Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem. Emericus in practition. 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 ferm of the king, any thing being demanded against them which belongeth thereunto, may pray in aid of the king, etc. Terms of the law. Of this thing you may read the Statute (de bigamis. a. 4. Ed. 1. ca 1. 2. & 3. & an. 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 Receipt. Look Receito. 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 (besacle) but in true French (bisaicul) 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 dis●possesseth the heir. Fitz. nat. br. fo. 222. ALL Alderman (aldermannus) is borrowed from the Saxon (Ealderman) signifying as much as Senator in Latin. Lamb. in his explication of Saxon words, verbo senator. See Roger Hoveden par. poster. suorum. annal. fo. 346. b. Aler sans jour, 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 fol. 140. Ale-taster, is an officer appointed in every Court leet, and sworn to look to the assize, and the goodness of bread and ale, or beer, within the precincts of that Lordship: Kitchen f. 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. praerog. fo. 40. Look Mortmain. To alien in fee, is to sell the fee simple of any land or tenement, or of any incorpore all right. West. 2. ca 25. an. 13 Ed. 1. Alien, alias, alion (allenigena) cometh of the Latin alienus, and signifieth one born in a strange Country. It is ordinarily taken for the contrary to Denizen, or a natural subject, that is, one born in a strange country, and never here enfranchised. Brook, 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 Seas, or of English parents out of the King's obedience, so the parents at the time of the birth be of the king's obedience, is no alien in account, but a subject to the King. Statute 2. a. 25. Edw. 3. c. unico. commonly called the Statute, de natis ultra mare. Also if one born 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 & mixture of silver and gold, a. 9 H. 5. Stat. 2. c. 4. & Stat. 1. ejusdem 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 counter veil the Princes 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 a complaint of some accountant, commanding them to allow the accountant such sums, as he hath by virtue of his office lawfully and reasonably expended. Regist. 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 sleeus of male 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, i. superinduere) to put on upon another garment, I leave to farther consideration. Almoner (eleemosynarius) is an officer of the King's house, whose function is, fragmenta diligenter colligere, & ea distribuerre singulis diebut egenis: agrotos & leprosos, incarceratos, pauperesque viduas, et alios egenos vagosque in patria commorantes, charitative visitare: item equos relictos, robas, pecuniam, et alia ad elecmosynam largita, recipere & fideliter distribuere. Debet etiam regem super eleemosyne largitione crebris summonitionibus stimulare, & praecipne diebus Sanstorum, & rogare ne robas suas quae magni sunt pretii, histrionibus, blanditoribus, adulatoribus, accusatoribus vel ministrallis, sed ad eleemosynae suae incrementum jubeat largiri, Fleta, lib. 2. cap. 22. Almoine (eleemosyna.) 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 walnut, 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. cap. 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 cloth made through the land, and to seals for that purpose ordained unto them, anno 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, an. 17 R. 2. c. 2. Read of this more an. 27. Ed. 3. c. 4. an. 17. R. 2. c. 2. & 5. an. 1. H. 4. c. 13. an. 7. ejusd. c. 10. an. 11. ejusd. cap. 6. an. 13. ejusd. ca 4. an 11. H. 6. ca 9 an. 31. ejusdem cap. 5. anno 4. Ed. 4. ca 1. anno 8. ejusdem ca 1. & an. 1. R. 3. cap. 8. AM Ambidexter, is that jurour or embraceour, that taketh of both parties for the giving of his verdict. He forfeiteth ten times so much as he taketh, anno 38. Edw. 3. cap. 12. Cromptons' Juflice of Peace, fol. 156. b. Amendment (amendatio) 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. Brook 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, Brok 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 amerciament and fines, Kitthin, 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 opposed by affeerors. This is in some sort confirmed by Kitch. f. 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, than 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 eyr, to receive his judgement, and to pay his fine. But if such pledges do make default, in that case 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 maium. Look ouster le main. AN An, tour, & waste, (annus, dies, & vastum.) Look year day, and waste. Anealing of tile, anno 17. Ed. 4. ca 4. Annats, Annaies'.) 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 live, is after one years' profit: Of which Polydore Virgil, de inventione rerum, lib. 8. cap. 2. saith thus: Nullum inventum majores Romano Pontifici cumulavit opes, quam annatum (qua vocant) usus, qui omnino multò antiquior est, quam recentiores quidam scriptores suspicantur. Et annates more suo appellant primos fractus unius anni sacer dotii vacantis, aut dimidiam eorum partem. Sanè hoc vectigal jam pridem, cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet, & cum 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 posthac 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 massa retinuit, ut ne indidem exire possent: lege caetera. Anniented, cometh of the French (anneantir, i. se abjicere, atque prosternere.) It signifieth with our Lawyers, as much as frustrated or brought to nothing, Littleton, lib. 3. cap. warranty. Annua pensione, is a writ, whereby the King having due unto him an annual pension from an 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. & Fitz. 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 Origin. fol. 158. Fitzh. 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 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 rent-charge, rent-service, or rent-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 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. Aniseed (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 Gerard's Herbal, lib. 2. ca 397. It is noted among the garbleable drugs and spices, anno 1 Jaco. ca 19 Anoisance, aliâs Noisance, aliâs 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 (highway, 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. c. 5. AP Apostate capiendo, is a Writ that lieth against one, that having entered and professed some order of Religion, breaketh out again, and wandereth the Country, contrary to the Rules of his Order. For the Abbot or Prior of the House, certifying this into the Chancery, under their Common seal, and praying this Writ directed to the Sheriff for the apprehension of such Offendor, 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. fol. 71, & 267. and Fitzh. nature. br. fol. 233. C. Apparlement, cometh of the French (pareilement, i. similiter, perinde, itidem) and signifieth a resemblance, as apparlment of War, anno 2 R. 2. stat. 1. ca 6. Appeal (appellum) cometh of the French (appellor, i. accire, accersere, nominare, evocare, clamore aliquem flagitare.) Itsignifieth in our Common-law, as much as (accusati●) 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, were too much for this Treatise. Wherefore for that, I must refer you to Bracton lib. 3. tract. 2. c. 18. come sequent. Britton. c. 22, 23, 24, 25. and to S. Thomas Smith, l. 3. de repub. Anglo. c. 3. and lastly to Stawnf. pl. cor. l. 2. c. 6, 7, etc. usque 17. An Appeal is commenced two ways: either by Writ, or by Bill. Stawnf. ubi supra. fol. 46. And it may be gathered by him, fol. 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 Sheriff 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, cap. 68 where there is set down a solemn discourse, both of the effects of this Appeal, viz. the order of the combat, and of the trial by inquest: of which by the Common-law of England, it is in the choice of the Defendant, whether to take. See the new book of entries, verbo Appel. and the book of Assizes, fo. 78. Appel. Appeal of mahem (appellum mahemit) is an accusing of one that hath maimed another. But that being no felony, the Appeal thereof is but in sort an action of Trespass: because there is nothing recovered but damages. Bracton calleth this (appellum de plagis & mahem●o) and writeth of it a whole Chapter, l. 3. tract. 2. ca 24. See S. Edw. Cook 4. vol. foe 43. a. Appeal of wrong imprisonment (appellum de pace & imprisonnamento) is used by Bracton, for an action of wrong imprisonment, whereof he writeth a whole tractat. lib. 3. tractat. 2. ca 25. Appeal (appellatio) 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 Eliz. 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 adjunctum subjecto, with the Logicians. An Hospital may be appendent to a manor. Fitz. nat. br. f. 142. Common of fishing appendent to a free hold. Westm. 2. ca 25. anno 13. Ed. 1. Appertinances (pertinentiae) cometh of the French (appertenir, 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 Manor, common of pasture, turbarie, piscary, and such like; and incorporeal, as liberties and services of Tenants. Brit. c. 39 Where I note by the way, that he accounteth common of Pasture, turbary, and piscary, to be things corporal. Look Common. Apportionment (Apportionamentum) 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 (Appenticius) 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. l. 3. c. 8. saith, that they are kind of Bondmen, differing only, in that they be Servants by Covenant and for a time. Of these you may read divers Statutes made by the wisdom of our Realm, which I think superfluous here to mention. Appropriation (appropriatio) proceedeth from the French (approprier, i. aptare, accommodare) and properly signifieth, in the law of England, a severing of a benefice ecclesiastical (which originally and in nature is, juris divi●i & in patrimonio nullius) to the proper and perpetual use of some Religious House or Dean, etc. and Chapter, Bishopric or College. And the reason of the name I take to be this: because that whereas Parsons ordinarily be not accounted (domini) but usufructuarii) having no right of fee simple, Littleton titu. Discontinuance: these, by reason of their perpetuity, are accounted owners of the fee simple, and therefore are called proprietarii. And before the time of Richard the second, it was lawful (as it seemeth) 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, towards the sustenance of the poor in that Parish, and that the Vicar should be well and sufficiently endowed, anno 15 R. 2, c. 6. Touching the first institution, and other things worth the learning about Appropriations, read Plowden in Grendons Case, fo. 496. b. & seq. as also the new terms of Law, verbo Appropriation. To an appropriation, after the Licence obtained of the King in Chancery, 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. Fitz. nat. br. fol. 35. E. Approvour (approbatur) cometh of the French (approuver, i. approbare, comprobare, calculum albo adjicere) 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 fellow 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 and Commonwealth, 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, lt. 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 letting 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, caleulum albo adjicere) 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' Jurisd. fol. 153. for the profits themselves. So is it likewise in the Statute of Merton, ca 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 leveral Counties of the Realm, to increase the Farms of Hundreds and Wapentakes, which formerly were set at a certain rate to the Sheriffs, who likewise demised 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.) ARE 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. parte 2. Symbol. 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, codem sect. 2, 3, 4. The Civilians make 2 difference between (arbitrum & arbitratorem) li. 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 bont viri. 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 so is 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. Dean of the Arches, because with this officialty, is commonly joined a peculiar Jurisdiction of thirteen Parishes in Londor, termed a deanery, 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 and the chief, because the Court is there kept. Some others say, that he was first called Dean 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 thorough the whole Province of Canterbnry. So that upon any Appeal made, he forthwith and without any further 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 Ecclesiae Britan. historiae. Arma moluta seem to be sharp weapons that do cut, and not blunt, that do only break or bruise. Bract. lib. 3. tract. 2. cap. 23. & Stawnf. pl. cor. fo. 78, & 79: whereof Bracton bathe these words; arma moluta plagam faciunt, sicut gladius, hisacuta, & hujusmodi: ligna verò & lapides brusuras, orbs, & ●ctus, 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 wrath or fury taketh into his hand, to cast at or strike another. Crompton Justice of Peace, fo. 65. a. So armorum appellatio, non utique scuta & gladios & galeas significat, sed & fustes, et lapides, lib. 42 π. de verbo significatione. Array (arr●ia, alias arraiamentum) cometh of the French Array, i. ordo, which is an old word out of use. Or it may be may be well deduced from ray, i. linea. It signifieth in our Common Law, the ranking or setting orth of a Jury or inquest of men impanelled upon a Cause, a. 18 H. 6. c. 14. Thence is the verb to array a panel, Old N. B. foe 157. that is, to set forth one by another the men impanelled. The array shall be quashedi; Old Nat. Br. foe 157. By Statute every array in assize ought to be made four days before. Br. t●●. Panel. nu. 10. to challenge the array, Kitchen, fol. 92. Arrayers seemeth to be used in the Statute, an. 12 R. 2. c. 6, for such Officers as had care of the Soldier's 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 in his place: and the same signification it hath in our Common law. For example, he is said to arrain a Writ of Novel disseisin in a County, that sitteth it for Trial before the Justices of the Circuit, Old nat. brev. fo. 109. Littleton foe 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 inindicted and brought forth to his Trial. Arraigned within the Verge for murder, Stawnf. pl. cor. fol. 150. The course of this arrainment you may read in Sir Tho. Smith, de rep. Angl. l. 2. c. 23. Arrearages (arreragia) cometh of the French (arrierages, i. reliqua.) It signifieth the remain of an Account, or a sum of Money remaining in the hands of an Accountant. It is used sometimes more generally, for any money unpaid at a due time, as arrearages of rent. That this word is borrowed from France, it appeareth by Tiraquel de utroque retractu, tomo 3. p. 32. num. 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 twelve 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. Brook tit. Repleader. Take this of the learned Master Lambert, in his Eirenarch lib. 2. c. 2. p. 94. Budae, saith he in his Greek Commentaries is of opinion, that the French word (Arrest) which with them signifies a decree or judgement of Court, took beginning from 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 receive the same from the Norman laws, because we use it in the same sense with them. For commonly with us, an 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 and Writs of the higher Courts of Law do use to express it by two sundry words: as (capias) and attachies) which signify or take to catch hold of a man. But this our Precept noteth it by the words (ducifacias) 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. Lambert. And belike this word is spread farther than France: for Jail a Germane Writer showeth by his Tractate de arrestis imperii, that it is used also in the imperial Territories, and in the same signification, c. 1. n. 1. Arrestandis bonis ne dissipentur, is a Writ which lieth for him whose 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. fo. 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 pressed money toward 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 been denied restitution there. Reg. orig. fo. 129. a. This among the ancient Civilians was called clarigatio, now barbarously represaliae. Arretted (arrectatus) is he that is covenanted before a Judge, and charged with a crime, Stawn. pl. cor. li. 2.45. quasi ad rectum vocatus. It is used sometime for Imputed or laid unto, as, no folly may be arrected to him being under age. Littleton, 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 malefactoremi, 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, codem c. 2. n. 3. Articles of the Clergy (articuli Cleri) be certain Statues made touching persons and causes Ecclesi astical, an. 9 E. 2. like unto which there were others made, an. 14 E. 3. stat. 3. AS Assay of measures and weights (assais mensurarum & ponderum) Reg. orig. fo. 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 between the Master of the Mint, and the Merchants that bring silver thither for exchange. An. 2 H. 6. c. 12. Assault (insultus) cometh of the French verb assailer, i. adoriri, appetere, invadere; which French proceedeth also from the Latin assilire, i vim afferre, oppugnare. It signifieth in out 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 a fearful speech. M. Lambert in his Eirenar. lib. 1. cap. 3. whom read. The Feudists call this assulium, and define it thus: Assultus est impetus in personam aut locum, sive hoc pedibus fiat, vel equo, aut machinis, aut quacunque alia re assiliatur. Zasius de feud. parte 10. nu. 38. And assilere est vim adferre, adoriri, oppngnare, lib. feud. 1. titulo 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 300 men. An. 1 H. 5. ca 6. Assart, (Assartum) in M. Manwoods' Judgement, part 2. c. 9 nu. 5. of the 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. Assertum est, quod redactum est ad culturam, Fleta lib. 4. ca 21, §. Item respondere. It signifieth, as much as the said M. Manwood saith, n. 1. ubi supra, an offence committed in the Forest, by plucking up those woods by the roo●s, that are thickets or coverts of the Forest, and by making them plain as earable land: where he also saith, 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 venison, containing in it as much as the 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, occaesiones nominantur, quando sc: forestae nemora vel dumeta, pascuis & latibulis ferarum opportuna, succiduutur: quibus succisis & radicitus avulsis, terra subversitur & excolitur. And again out of the Register origin. fol● 257. a, b. in the Writ Adquod damrum, sent 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, lib. 4. cap. 38. num. 11. where he saith that these words, boscus efficitnr assartum, signify as much as redactus in culturam. Of this you may read more in Cromptons' Jurisdictions, fo. 203. and in Charta de foresta, an. 9 H. 3. c. 4. where the English word is not assart, but assert. And in Manwood part 1. of his Forest laws, pag. 171. The word is used an. 4 Ed. 1. stat. 1. in the same signification. That which we call assartum, is elsewhere termed Disboscatio Decis. Genu. 78. 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. Lambert defineth it, Eiren. li. 1. c. 19 the company of three persons or more, gathered together to do an unlawful act, although they do it not. See unlawful assembly. Assets (quod tantundem valet) Bract. l. 5. tract. 3. c. 8. nu. 2. is nothing but the French assez, i. satis. For though this word mask under the vilard of a Substantive, it is in truth but an Adverb. It signifieth in our Common law, goods enough to discharge that burden, which is cast upon the Executor or Heir, in the satisfying of the Testators or Ancestors debts or Legacies. See Brook titulo Assets per descent: by whom you shall learn, that whosoever pleadeth Assets faith 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 two sorts of Assets, viz. assets par descent, and assets enter mains; the former being to be alleged against an Heir, the other against an Executor or Administor. 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, Briston, foe 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 and are comprised under the name of Assignees. The other signification of this word is special, as to appoint at, or set forth, viz. to assign Ertor, Old nat. B. foe 19 is to show in what part of the Process Error is committed. To assign false judgement, cod●m foe 17. that is, to declare how and where the judgement is unjust. To assign a false verdict, codem fol. 112. and to assign an Oath to be false, an. 9 R. 2. c. 3. To assign the Cessor, Old nat. br. fol. 1341. to show how the Plaintiff had cessed, or given over. To assign waste, is to show, wherein especially the waste is committed, Reg. orig. f. 72. Assign, in the general signification is used, an. 20 Ed. 1. & anno 11 H. 6. c. 2. in these words, justices assigned to take Assizes. And the Substantive (assignment) hath the same signification, West symb. parte 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. Vide Dyer, fol. 6. nu. 5. Perkins in Grants saith, that an assignee is he that occupiesh a thing in his own right: and Deputè, he that doth it in the right of another. Assize (assisa) cometh of the French word assize, which in the grand Customary of Normandy, c. 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 ceptain time appointed. And again, c. 55. Assize is a Court, in the which whatsoever is done, aught to have perpetual strength. This Norman word assize, cometh of the French asseoire, i. collocare, to settle or bestow in some place certain: as S'asseoir, is to fit down by another. And metaphorically it is used of things incorporeal, as asseoir son judgement sur quel que lieu, 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, c. 68 is used as we would say, appointed, limited, or determined, viz. au jour qui est assis àfaire la battaille, se doibuent les champions offrir à 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 diversely it is used in our Common law, it followeth that we declare. First, Littleton 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 a Sheriff, for the recovery of possession of things , where of yourself or your Ancestors 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 (assisanovae disseisinae) lieth, where a Tenent in fee-simple, fee-tail, or for term of life, is lately disseised of his Lands or Tenements, or else of a Rent-service, Rent-seck, or Rent-charge, of common of Pasture, of an office, of toll, tronage, passage, pownage, or for a Nuisance levied, and divers other such like. For confirmation whereof you may read Glanvile li. 10. c. 2. Bracton li. 4. tract. 1. per totum. Britton c. 70. & seq. Reg orig. fol. 197. Fitz. Nat. br. fo. 177, 178, 179. New book of Entries, fo. 74. col. 3. West. 2. c 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 forty days after the force, as the ordinary Assize is in the County. Fitzh. Nat. br. fol. 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 Fee-simple, and after his death a Stranger abateth: and it is good as well against the Abatour, as any other in possession. How likewise this is extended, see Bracton lib. 4. trast. 3. per totum. Britton ca 70. cum multis sequent. Fitzh. Nat. br. fo. 114. Regist. orig. fo. 223. This the Civilians call Judicium possessorium adipiscend●. Assize of darrein presentment, (assisa ultimae 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 l. 4. tract. 2. Reg. orig. fo. 30. Fitzh. Nat. br. fo. 195. Assize de utrum (assisa utrum) lieth for a Parson against a Layman, or a Layman against a Parson, for Land or Tenement doubtful, whether it be lay-fee, or free-alms. And of this see Bracton li. 4. sract. 5. ca 1. & seq. Britton 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 forty days before the justices sat of them: and by our Law there must be likewise fifteen days of preparation, except they be tried in those standing Courts of the King in Westminster, as appeareth by F. N. B. foe 177. d, e. Lastly, they may be called Assizes; because they are tried most commonly by especial Courts, set and 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 special Commission, to dispatch controversies of possession, one or more, in this or that only County, as occasion fell out, or disseisins were offered, and that as well in Term time, as out of Term: whereas of later days, we see that all these Commissions of Assizes, of Eyr, of Oyer and 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 Littleton, 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, assisa venit recognatura, which is as much as to say, as Juratores ven●unt recognituri. The reason why the jury is called an Assize, he giveth to be this, because by writ of Assize, the Sheriff is commanded, quod faciat duodecim liberos & legales homines de viceneto, etc. Videre Tenementum illud, & nomina corum imbreviari, & quòd summoneat eos per bonas summonitiones, quòd sint coram Justiciariis, 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 signication is divided in magnam & parvam, Glanvile, li. 2. c. 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 who would be further instructed in this point. For this place thus much in short. The former four kinds of Assizes used in actions only possessory, be called petit assizes, in respect of the grand Assize. For the Law of fees 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, l. 2. c. de novel. disseisin. Assize in the third signification according to Littleton, 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 & cervisiae) Register 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 liberry of forty days to stay, and try what succour they could get of their Friends, towards their sustenance in exile. Stawnf. pl. cor. fo. 118. out of Bracton, li. 3. tract. 2. cap. 16. num. 2. Of this also Roger Hoveden maketh mention, and more particularly than any I have heard, part poster, suorum annalium, fo. 313. b. in Henrico secundo. Assize of the Forest (assisa de Foresta) which is a statute or condition touching orders to be observed in the King's Forest. Manwood part 1. of his Forest laws, p. 35. Crompton in the Court of Justices of the Forest, per totum, fo. 146. & seq. And the assize of the King, anno 18. Edw. 1. Stat. 1. called the Statute for view of Frankpledge. And these be called assizes, because they set down and appoint a certain measure, tate, or order in the things which they concern. Of Assize in this singnification doth Glanvile also speak, lib. 9 c. 10. in fine. Geraliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia quae inde provenit, vicecomiti aebetur: quae quanta sit, per nullam assisam generalem determinadum est. And thus much touching Littleton's division. But if we mark well the Writers of the Law, we shall find this word (assize) more diversely used, than this Author hath noted. For it is sometime used 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 Jury. For example, assizes of new disseisin, etc. shall not be taken, but in their shires, and after this manner, etc. Mag. Char. c. 12. And so it seemeth to signify, Westm. 2. cap. 25. an. 13 Ed. 1. in these words let the Disseisour 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 is arraigned: to aver by the assize: the assize by their default shall pass against them: and also anno 1 H. 6. c. 2. assizes awarded by default of the Tenants, etc. Lastly by Merton, cap. 4. an. 20 Henry 3. certified by the assize, quit by the assize, etc. And in this signification Glanvile calleth it, magnam assisam domins regis: quae ex duodecim ad minus legalium hominum sacramentis consistit. li. 2. c. 7. Bracton useth it in like sort: as assisa cadit in transgressionem, lib. 4. c. 30. & assisa cadit in perambnlationem, eodem c. 31. num. 2. Fleta defineth an assize in this signification, thus: Assisa in jure possessorio, est quaedam recognitio duodecim hominum juratorum, per quam Justicjarii certiorantur de articulis in brevi contentis. And assize also thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an assize, when only the Dissesin 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 conventio, voluntas & disimulatio, transactio, vel quistaclamatio vel remissio confirmatio sive consensus, propria usurpatio rei propriae, difficultas Judicii, justum judicium, finis, chirographum, intrusio in rem alienam, vel disseisina, si incontinenti rejiciatur, negligentia quae per transitum temporis excludit actionem. Fleta lib. 4. c. 10. § 1. whom read also to this point, c. 11. §. Si autem à domino, and at large, c. 16. ejusdem libri. & l. b. 5. c. 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 as well 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, than the assize shall be taken at large: that is, the Jury shall inquire not only whether the Plaintiff were disseised or not by the Tenent, but also of these two 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 Tenent pleadeth a foreign release, in bar to an assize, whereupon the cause was adjourned. At the day the Tenent maketh default. Therefore the assize was taken at large: that is, not only whether the Plaintiff were disseised, but also whether there be any foreign release. A third example you may read in Littleton, c. Estates upon Condition. The second manner of assize in point of assize (assisa in modum assisae) which is, when the Tenent, as it were setting foot to foot with the Demandant, without farther 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, velin modum jurata) viz. when the Tenent 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 pleas, before the disseisin can come to be decussed. Of this sort read divers others examples in Bracton l. 4. parte 1. c. 34. For there be of them (as he saith) and Britten also, c. 52. both dilatory and peremptory, The fourth and last manner is: Assize of right of damages, and that is, when the Tenent confessing a putting out, and referring it to a demurrer 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, when and where the Writs and processes of the 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. c. 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 Glanvile use it, lib. 9 c. 12. in these words: Sicontra dominum suum & non infra assisam, tunc distringitur ●se occupator, etc. and lib. 13. cap. 32. in these words: cùm quis itaque infra; assisam domini regis, i. infra tempus à domino rege de consilio procerum ad hoc constitutum, quandoque majus, quandoqne minus censetur, alium & sine judicio disseisiverit etc. Of this word Assize you may read in M● Skene de verbo signif. de verbo Assize, and by him understand, that in Scotland also it is diversely used, viz. in five 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, like as Perambulations, Cognitions, Molestations, pourpestrure, division of Lands, serving of Briefs, 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 praeroganda, it 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 221. Association (associatio) is a patent sent by the King, either of his own motion, or at the sure 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 & colleagues in that business. The derivation is plain: the examples and sundry uses hereof you may find in Fitzh. nat. br. fol. 185. E. & foe 111. B. but more particularly in the Reg. orig. fol. 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. fol. 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 divers 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. AT 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. Lambert in his Eirenarch, lib. 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 (ducifacias, etc.) and a Writ of attachment these words (praecipimus tibi quòd attachies talem, & habeas cum coram nobis, etc.) whereby it appeareth, that he which arresteth, carrieth the party arrested to another higher Person to be disposed of forthwith, 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, fol. 79. Another difference there is, that an arrest lieth only upon the body of a man, and an attachment sometime upon his goods, as shall be showed in the sequel. It may be likewise asked how an attachment and a (capias) do differ: and 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: fol. 79. Note that in a Court Baron a man shall be 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 attachment hath rather place in Actions personal, as Bracton plainly setteth down, lib. 4. tract. 4. cap. 5. num. 3. Where nevertheless it appeareth, that a (cape) may be likewise used in an Action personal. An attachment (as is formerly said) taketh hold of movable goods, or the body. For it appeareth by Kitchen, fol. 263. that a man may be attached by an hundred Sheep. Read Skene, de verbo signif. verbo Attachiamentum. Now it followeth to show how Attachment differeth from a Distress. For so it doth, as may be showed out of Kitchen, fol. 78. where he saith, that Process in Court Baron, is Summons, Attachment, and Distress, our of the Old nat. br. fol. 27. where it is said, that a Process in a (quare impedit) is Summons, Attachment, and one Distress, and again, fol. 28. where speaking of the Writ Ne admittas) he saith thus: And the Process is one prohibition; and upon the prohibition an Attatchment or Distress; and fol. 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, l. 5. tract. 3. c. 4. num. 2. showeth, that both (attachiamentum, & magnum cape, districtiones sunt.) Of which opinion Fleta also is, li. 5. ca 24. §. si autem aed. 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 than by the body. And if the Sheriff return in the cases aforesaid, that the trespassers have nothing in his Bayliwick, by the which they may be distreined, 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 Glanvil. lib. 10. cap. 3. and Fleta lib. 2. cap. 66. & seq. Howbeit, 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 replevy, and so to be Plaintiff in an action of Trespass, against him that distreined him. And so much for the difference, and coherence of these words. See also Distress. I find in West. parte 2. symbolaio. titulo Proceed in Chancery, sect. 22, 23. that Attachment out of the Chancery is twofold, one simple, and originally decreed for the apprehension of the party: the other, after return made by the Sheriff, Quod defendens non est inventus in Baliva sua, with Proclamations made through the whole County, in such places, as he shall think meet, that the party appear by a day assigned, and that he be attatched nevertheless, if he may be found. This second kind hath an affinity with the Canonists (viis & modis) at the which if the Party appear not, he is excommunicate: or with the Civilians viis & modisunà cum intimatione for in the Chancery, if he come not upon this, he is forthwith 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 Entries, verbo Privilege, foe 431. col. 2. There is also a foreign attachment, which is an attachment of a Foreiners 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 Book of forest Laws, pag. 90, 62, 99 there be three Courts of the Forest, where the lowest is called the (attachment) the mean, the (swaynemote) the highest, the (Justice seat in Eyr.) This Court of attachment seemeth so to be called, because the Verderours of the Forest have therein no other authority, but to receive the attachments of Offenders against vert and venison, taken by the rest of the Officers, and to enrol them, that they may be presented and punished at the next Justice-seat. Manwood, part 1. pag. 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 forty days throughout the year. And he that hath occasion to learn more of this, I refer him to M. Manwood, loco quo supra, and to M. Crompton in his Court of the Forest. Attachment is commanded in Writs, the diversity whereof you may see, in the Regist. orig. under the word Attachiamentum, in Indice. At large, see Assize at large in the word Assize, and Old nat. br. fol. 105. Verdict at large, Littleton, foe. 98. To vouch at large, Old nat. br. fol. 108. To make title at large Kitch. f. 68 See Bar. Attain (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 s: What the form of the Writ is, and how in use it is extended, Fitz. nat. br. f. 105. and the new Book of Enteries, f. 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 slain 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 Glanvil, lib. 2. cap. 19 Fitz. nat. br. fol. 109. K. L. & 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. & anno 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 (temdre, 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. Howbeit a man is said to be attainted of Disseisin, Westm. 1. cap. 24 & 36. anno 3 Ed. 1. And so it is taken in French likewise (as estre attaint & vayncu en aucuncas) 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, cap. 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. fol. 44. Attainder by Appearance, is by confession, by battle, or by verdict, idem fo. 122. Confession whereof attaint groweth, is double: one at the Bar before the Judges, when the Prisoner upon his endictment 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 fol. 182. Attainder by battle is, when the party appealed by another, and choosing to try the truth by combat rather than by Jury, is vanquished. Idem fol. 44. Attainder by verdict is, when the Prisoner at the bar, answering to the endirement, not guilty; hath an inquest of life & death passing upon him, & is by their verdict or doom pronounced guilty. Idem fol. 108. & 192. Attainder by Process otherwise called attain der by default, or attainder by outlagary) is where a Party flieth, and is not found until he have been 5 times called publicly in the County, and at the last outlawed upon his default. Idem f. 44. Ifind by the same Author, f. 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. ●. 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 Statute, an. 2 & 3 Ed. 6. c. 33. And Ifind by Stawnf. pl. cor. f. 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 he was no clerk or being a Clerk, & 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 Grants, num. 27, 29. Yet it appeareth by Stawnf. fo. 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 Edw. 1. This ancient Law touching the Conviction and Purgation of Clerks, is altered by an. 23 Eliz. cap. 2. as you may further read in Clergy. Attainder (Attinctus) though it be most used in matters of Felony or Treason: yet it is likewise applied to inferior transgressions, as to Disseisin, Westm. 1. cap. 36. an. 3 Ed. 1. and Britton cap. 26. See Attaint, and Attainted. Attendant (attendens) cometh of the French (attendere, i. demorari, operiri, 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 a Lord, Mesn, and Tenent: the Tenent holdeth of the Mesn by a penny; the Mesn holdeth over by two pence. The mean releaseth to the Tenent all the right he hath in the Land, and the Tenent di●●h. 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 3d. part of the two pence. For she shall be endowed of the best possession of her husband. Another hath, Kithin. f. 209. in these word: 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 a fair quelque chose, i. animum adrem aliquam inclinare.) Thence cometh the participle (turn, i. versus, conversus) and the Substantive (tour, i vices, vicissitudo) as, chacun a sontour, 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 (syndicus) in the Civil law, West. parte 1. Symbolaogr. lib. 2. sect. 559. defineth it thus: Attorneys be such persons, as by the consent, commandment, or request to take heed, see 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 arbitrement, whether they would suffer men to appear, or sue by any other than themselves, as is evident by Fitzh. nat. br. fol. 25. in the writ Dedimus potestatem de atturnato faciendo, where it is showed, that men were driven to procure the King's writs or letters patents to appoint Attorneys for them: it is since 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 Edw. 1. c. 8. anno 27 ejusdem. stat. 2. anno 12 Edw. 2.1. anno 15 ejusdem, cap. unico. anno 7 Ric. 2. cap. 14. anno 7 H. 4. cap. 13. anno 3 H. 5. cap. 2. anno 15 Hen. 6. cap. 7. & anno 17 H. 7. cap. 2. is to be proved. And you may set 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 unskilfnl Attorneys, and so many mischiefs by them, that provision for restraining them was requisite. Wherefore anno 4 H. cap. 18. it was ordained, that the Justrces should examine them, and displace the unskilful. And again, anno 33 H. 6. cap. 7. that there should be but ascertain number of them in Norfolk and Suffolk. In what cases, a man at this day may have an Attorney, and in what not, see Fitzh. ubi supra. 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 (Procurator Caesaris) was in the Roman Empire. Attorney general of the Duke, Cromptons' jurisd. fol. 105. Attorney special or particular is he, that is employed in one or more causes particularly specified. Atturneys-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 Eyr in open court, Glanvile l. 11. c. pri. Britton, c. 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, longing to this or that Court only. The name is borrowed of the Norman, as appeareth by the Custumary, c. 65. And I find the word (Attornaty) or as some read (Turnati) in the same signification in the title de statu regularium. ca unico. Sect. Porro in sexto.) where the gloss saith, that Atturnati dicuntur Procuratores apud acta eonstituti. Our old Latin word for this seems to be (responsalis) Bract. lib. 4. cap. 31. & lib. 5. parte 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 Perssewer. M. Skene de verb. significatione. Responsalis, as Sigonius witnesseth in his first book De regno It aliae, was in an ancient time, the title of the Pope's Ambassador, Page 11. Attorney of the Court of Wards and Liveries (Atturnatus regis in curia Wardorum & Liberatur arum) is the third office 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 counsel 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 allspeed and diligence, from time to time at the calling of the Master, to endeavour himself for the hearing & determination indifferently of such matters and causes, as depend before the Master: not to take any gift or reward in any matter or cause depending in the Court, or elsewhere, wherein the King shall be party, whereby the King shall be hurt, hindered, or disinherited: to do to his power, twit and cunning, all and every thing that appertaineth to his office. Attorney of the Court of the Duchy of Lancaster (Atturnatus curiae 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, than 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. vertere) and in our Common law, is an yielding of the Tenent 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, anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton. I agree me to the Grant made to you, etc. But more common Atturnment is to say: Sir, I atturn to you by force of the same Grant: or I become your Tenent, etc. or else deliver unto the Grantee a penny, halfpenny, or farthing, by way of Attournment, Littleton lib. 3. cap. Attournment, 10. whom you may read more at large, and find that this Definition proceedeth from more Law than Logic: because he setteth down divers other Cases in the same Chapter, whereto Attournment apperraineth as properly as unto this. But you may perceive there, that Atttournment is the transposing of those Duties that the Tenent 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 quae servitia, Old 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 foe. 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 recipiendo) is a Writ which a man owing suit to a County, Hundred, Wapentake, or other Court, and desiring to make an Attorney to appear for him at the same Court: whom, he doubteth whether the Shetiff 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. fo. 156. AU Audiendo & terminando, is a Writ, but more properly termed a Commission, directed to tertain persons, when as any greater 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. fol. 110. See also Oyer & Terminer. Audience 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 Archbishop of Canterbury heard many Causes extrajudicially 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 and 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 anditoriseu officialis.) And with this Office hath heretosore commonly been joined the Chancery of the Archbishop, who meddleth not in any point of contentious? Jurisdiction, that is, deciding 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 Spiritualities, during the vacation of Bishoprics, Institutions to Benefices, dispencing 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 Ecclesiae Britannicae 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 and 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 begranted; 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 Sheriff of the County, where the Creditor is, for his appearance at a certain day before them. See more in Old 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 Personage, which yearlie 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 allowarces, commonly called allocations) as namely, the Auditors of the Exchequer take the accounts of those Receivors, which receive the revenues of the Augmentation: as also of the Sheriffs, Escheatours, Collectors, and Customers, and set them down and perfect them. Him that will read more of this, I refer to the Statute, anno 33. H. 8. ca 33. Auditors of the priests, are also officers in the Exchequer, that do take, and make up the great accounts of Ireland, Barwick, the Mint, and 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 (Debentures to every Teller, before they pay any money, and taketh their accounts. He keepeth the Black book of the Receipts, and the Treasurer's key of the Treasury: and seethe every Tellers moneys locked up in the new Treasury. Aventure, 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 Miladventure. 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 Tenent oweth 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. Averiis captis in withernam, is a writ for the taking of to his use, that hath his taken unlawfully by another, and driven out of the County where they were taken, that hey cannot be replevied. Register origin. fol. 82. a. b. Averment (verificatto) cometh of 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 an exception pleaded in abatement or bar of the Plaintiffs act. But me thinketh it should rather signify the act, than the offer or 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 statute, and the demandant will offer to aver by the country, etc. thirdly in the English, nat. br. foe 57 These errors shall be tried by averment etc. Aver penny (quasi Average penny is money contributed toward the King's averages. Rastal exposition of words. See Average. Augmentation (augmentatio) was the name of a Court, erected the seven and twentieth year of Henry the 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 profit of such religious houses and their lands, as were given unto him by 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. cap. 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 Renesh wine. a. 1. Ed. 6. cap. 13. alias, Awme of Rhenish wine. 1. Jaco. ca p 33. is a vessel that containeth forty gallons. Aulnogeour. See Alneger. Ave, 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 Edw. 3. stat. 5. ca 9 & anno 34 ejusdem, cap. 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 other is by the beam. And if I should draw i● 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 demeasne (antiquum dominicum) is called (more at large) ancient demeasne of the King or of the Crown. Fitz. nat. br. fol. 14. d. It cometh of two French words (auncieu, i. veter, vetus, veteranus, antiquus, and of (demain, alias domain, i. publicum vectigal) It signifieth in our Common law, a certain tenure whereby all the manors belonging to the Crown, in the days of Saint Edward, the Saxon King, or of William the Conqueror did hold. The number and names of which manors, 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 Doomsday book. And those, which by that book do appear, to have belonged to the Crown at that time, and are contained under the title (Terraregis) be called ancient demeasn. Kitchen, fol. 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 manor. Fitz. nat. br. fol. 14. d. of which opinion also Britton is, ca 66. nu. 8. The benefit of this tenure, consisteth in these poines: first the Tenants of a manor holding freely by Charter in this sort, cannot be impleaded out of the same manor: 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 and husbandry. Thirdly, they may not be impanelled upon any inquest. Terms of the Law. But more at large by Fitz. nat. br. f. 14. d. whom read also fo. 128. a. etc. And as it appeareth by him, codem fol. 3. b, c, these Tenants held by the service of prowing 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 fair, as likewise for immunity of portage, passage and such like. Fitzh. natura brev. fol. 228. a, b, c, d. by which Author also it appeareth, That no lands be to be accounted Ancient Demean, but such as are holden in Socage. fol. 13. d, & 14 b, c. See Monstraverunt; and Fitzherb. fol. 14. and Dessendo quietum de telonio, fol. 226. Fleta maketh three tenors holding of the Crown, Ancient demeasne, by Echeate, and by Purchase, lib. 1. cap. 2. See Demaine. Ancient Demesn arere (antiquum dominicum à retro) is that ancient demeasn which the King granteth over to hold of a manor, Kitch. fol. 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 Disseisin, cap. 29. avowry, see advowry. Avoir du 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 diverte from that which is called Troy weight, containing but twelve ounces to the pound, whereas 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 Edw. 3. in proaem. anno 27 Edw. 3. statut. 2. cap. 10. & anno 2 Rich. 2. cap. 1. See Weights. Auxilium ad silium militem faciendum, & filiam maritandam, is a Writ directed to the Sheriff 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 Fitzh. Nat. Brev. fol. 82. B. BA 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 towards 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 matters of counsel, 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, & 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 ship of war or other, for the business and affairs of the realm, if he be a Bachelor, he shall take for his day's wages 4 s. sterling: if he bean Earl or Baron, he shall take wages after the rate of his estate and degree. This word is used, an. 13 R. 2. stat. 2. cap. 1, and signifieth as much as Bachelor knight doth, anno 3 Ed. 4. cap. 5. that is, a simple knight, not a knight baneret. See Baneret. Touching the farther etymology of this word, Bachalarii teste Renano, à Bacillo nominati sunt, quia primi studii authoritatem, quae per exhibitionem baculi concedebatur, jam consecuti fuissent. Ut fuerit velut quoddam mancipationis signum in hujusmodi aliquod studium baculi traditto. Alciat writeth the word, baccalaurei, eosque dicit visos à baccâ laureâ nomen sumpsisse in l. cui praecipua 57 π. de verbo signif. 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. haud. habend. & backberend, & insecutus fuerit per aliquem cujus res illa fuerit. lib. 3. tract. 2. cap. 32. Master Manwood in the second part of his Forest laws, noteth it for one of the four 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. f. 69 & 70. Bay, or Pen, is a Pond head made up of a great height, 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 floodgate (called the Penstock) and falling upon the said wheels. This word is mentioned in the statute, an. 27 Elizab. 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 deliured into the hands of those that bind themselves for his forthcoming. There is both common & special bail. Common bail is in actions of small prejudice, or slight 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 Bayland 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 & 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 the 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 lambert's Eirenal. l. 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 diacetes, 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; and within the precincts 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 Sheriff or Viscount (one name descending from the Saxons, the other from the Normans.) And though I cannot expressly prove, that this Sheriff was ever called a Bailiff: yet it is probable that that was one of his names likewise, because the County is called many times (Balliva) that is a Bauliwick: 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 hujus brevis) Kitchen, returna brevium, fo. 285. And again in Bracton, lib. 3. tract. 2. cap. 33. num. 3. And anno 5 Eliz. cap. 23. and anno 14 Edw. 3. stat. 1. cap 6. And I think the word Bailiff) used ca 28 of Magna charta, compriseth as well Sheriffs, as Bailiffs of Hundreds: as also anno 14 Edw. 3. stat. 1. ca 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 time the King's subjects had justice ministered unto them by the several Officers of every Hundred, which were called Bailiffs, as those officets were and are in France and Normandy, being chief officers of justice within every Province. Lupanus de Magistratibus Francorum, lib. 2. cap. Baltvi. and the Grand Custumary of Normandy, cap. 1. And that this is true among many others I bring Bracton for my witness, lib. 3. tract. 2. cap. 34. un. 5. where it appeareth, that Bailiffs of Hundreds might hold plea of Appeal and Approvers. But since 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 and 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 base offices: their office consisting in three 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 Ipswich, Yarmouth, Colchester, and such like. And again, there be certain, to whom the King's Castles be Committed which called are Bailiffs, as the Bailiff of Dover Castle. These ordinary Bailiffs are of two sorts: Bailiffs Errand, & Bailiffs of Franchises. Bailiffs Errand (Ballivi itinerantes) be those, which the Sheriff maketh, and appointeth to go hither & thither in the County to serve writs, to summon the County, Sessions, Assizes & such like. Bailiffs of Franchises (Ballivi Franchesiarū aut libertatum) be those that are appointed by every Lord within his liberty, to do such offices within his Precincts, as the Bailiff Errand doth at large in the County. Of these read S. Thomas Smith de re. Anglo. lib. 2. c. 16. There be also Bailiffs of the Forest, Manwood par. 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 business, gather the profits to their Lord and Master, and deliver an account for the same at the years end, or otherwise, as it shall be called for. The word Bailiff, or Ballivus, is by Rebuffus derived from (Baal, i. dominus, quia Ballivi dominantur suis subditis, quasi eorum magistri & domini. Rebuf. in constit. regias, de senten. excutionis, art. 7. glos. 1.) The office or duty of a Bailiff of a manor 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 dilecto de sentent. excom. in sexto, etc. 1. de paenis in Clement. where the Glossographer saith it is a French word, signifying as much as praepositus; and Balia or Bativatus) is used among our later interpreters of the Civil and 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 within his Bayliwick. Reg. or. fo. 78. Bane seemeth to signify the destruction or overthrow of any thing. Bract. l. 2. tract. 8. ca 1. nu. 1. as he which is the cause of another man's drowning, is said there to be Labane, 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 sign. But our M. Camden rather draweth the word from the Germane Bannerheires, Britan. pag. 109. in meo libro. S. Thomas Smith de republs. Angl. li. c. 18. saith, That Baneret is a Knight made in the field, with the ceremony of cutting off the point of his Standard, and making it as it were a Banner: and they being being Basilius chelors, 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 vasullorum nomen jam desierat, à baronibus, secundi erant: quibus inditum nomen à vexillo. Concessum illis erat miliaris virtutis ergo, quadrato vexillo (perinde ac barones) uti, unde & equites vexillarii à nonulllis vocantur, etc. Of creating a Knight baneret you may read farther in M. Segar, Norrey, his book, lib. 2. c. 10. That they be next to Barons in dignity, it appeareth by the Statute anno 14 R. 2. ca 11. and by anno 5 R. 2. statut. 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 statute, is subject to all one punishment with a Baron. Johan. Gregorius Tholosanus li. 6. ca 10. sui syntagmatis, num. 9 hath these words, In Gallia sunt duae species affines nobilium & feudorum, quas dicunt de Benneretz & Barons: bennerettus jure 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, cùm princepts jusmodi personae concedit vexilli jus, & ex vexillo peditum in acie, vel extra, die solenni, sacris peractis, adimit acumina. Vocant la queve de pennon, fitque labarum, i. equitum vexillum, vocant cornette, eumque equitem facit. si jam non est. Quòd si ditior his fiat benneretus, et habet unam be neretam, aut sex equites bachalarios, qui possideant singuli in censum sexcent as libras ex ejus 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. Hottoman verbo bannus, in verbis feudalibus, saith that there is both bannus and bannum; and that they signify two divers things. His words are these: Bannus sive bannun duo fignificat: Edictum, qua die vasalli equis armisque instructi, ad commitatum adesse debent: et sanctionem, hoc est, mulctam edicto non parentis; which he confirmeth by divers 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 et sponsae in ecclesiis fieri solitae, ca 27. extra. de sponsal. et ca ult. qui matrimonium accus. pos. & ca ult de clan. despons. Yet our word (Banuing) seemeth to come thence, being nothing but an exclamation of another. Only Bracton once maketh mention of Banuus Regis, for a proclamation, or silence made by the Crier, before the congress of the Champions in a Combat, Lib. 3. tract. 2 cap 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 le Roy, the King's bench, bank de Common pleas, the Bench of Comonnplees, or the Common Bench, Kitchen f. 102. called also in Latin, bancus regius & bancus communium placit. Crompt. juris. fo. 67 & 91. Camden in his Britannia, pag. 112. & 113, in meo, calleth them also, Bancum regium, et Bancum communem. See Frank bank. Bankrupt (alias brankrout) cometh of the French (banque rout) and (fair banqueroute) with the French is as much as (foro cedere, solum vetere) with the Romans: The composition of the French word I take to be this, (banque, i. mensa) et (rout, i. vestigium) metaphorically taken from the sign left in the earth, of a table once fastened unto it, and now taken away. So that the original seemeth to have sprung from those Roman (mensarii) which as appeareth by many writers, had their (tabernas et mensas) in certain public places, whereof when they were disposed to fly, an 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 (à 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 Hen. 8. cap. 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, bartery, chevisance, or otherwise in gross, or by seeking his, her, or their trade of living, by buying and selling, and being a subject born 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 departed the realm, or begin to keep his other 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 fouled, 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 chattels to be attached or sequestered, or departed from his or her dwellinghouse, or make or cause to be made any fraudulent grant or conveyance of his, her, or their lands, tenements, goods, or chattels, to the intent, or whereby his, her, or their creditors, being subjects born, as aforesaid, shall or may be defeated or delayed for the recovery of their just and true debt: or being arrested for debt, shall after his or her arrest, lie in prison six 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 (ex lium, abjuxatio) cometh of the French bannissement) & hath a signification known to every man. But there be two kinds of Banishment in England: one voluntary & upon oath, whereof you may read (Abjuration:) the other upon compulsion for some offence or 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 sholl be banished. Stawnf. pl. cor. fol. 117. This punishment is also of our modern Civilians called (bannimertum) which was aunelently termed depertatlo if it were perpetual, or (religatio in insulam,) if for a time. Vincentius de Franchis. Petrus de Bellug a in suo speculo, fol. 125. num. 4. Barbaries (Oxycantha) is a thorny shrub known to most men to bear a berry or fr●●t of a sharp taste. These berries (as also the leaves of the said tree) be medicinable, as Gored in his Herbal showeth, lib. 3. cap. 21. You find them mentioned among Drugs to be garbled, Anno 1 Jacob. cap. 9 Bargain and sale, as it seemeth by Westpart. 1. symb. lib. 2. sect. 436, is properly acontract made of manors, lands, renements, hereditaments, & other things, transferring the property thereof from the bargainer to the bargainee. 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 heir,) and though there be no livery and selfin made by the seller, so it be by deed intended, sealed and enroled, either in the County where the land lieth, or within one of the Kings. Courts of Records at Westminster, within six months after the date of the Deed intended, an. 27 H. 8. cap. 16. Barkarie (Barkaria) is a heath house. New book of Entries, titulo Assize corp. poli●. 2. Some call it a Tan-house. Baron (Barao) is a French word, and hath divers fignifications 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 fignification 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: foam having greater, some lesser authority within their territories, as appeareth by Vincentius de Franobis in divers of his disceisions, and others. Yet it may probably be thought, that of old times here in England all they were called Barons that had such Signories, 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 sit 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 Prine●s pleasure, they sought a more certain hold, and obtained of the King, letter's patents of this dignity to them and their heirs male. And these were called Barons by letters patents or by creation: whose postority, be now by inhefitance and true delcent of Nobility, those Barons that be called Lords of the Barliament: 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 writare those, that to the title of Lord have their own surnames annexed, as Crompton, 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 came, beyond the memory of man. The original of Barons by writ Master Camden in his Britaunia, 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 Stow's Annals, pag. 1121. Of all these you may also read Mast. Ferns glory of Generofity pa. 125. & 126. And see M. Skene de ver. signif. verb. Baro. with Sir Thomas Smith, lib. 1. d●●●pub. 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 militariy, addeth a ●ird kind of baron, calling them Barons by conjure, and those be the Bishops of the land: all which, by virtue of Baronies 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 Nist prius, that come out of the King's Remembrancers office, or out of the office of the Clerk of the Pleas, which cannot be dispatched in the mornings for want of time. He taketh recognisancea 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 seethe 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 Anditors 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 Sheriffs 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 Major 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 Baron, is always a Coursetour of the court, and hath been chosen of some one of he clerks in the remembrancers offices, or of the clerk of the Pipes office. He at the days of prefixion, taketh oath of all high Sheriffs, and their under Sheriffs, 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 Sheriffs upon 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 Prerogrative. 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, are ancient officers: for I find them named, West. 2. c. 11. an. 13 Ed. 1. & they be called Barons, because Barons of the realm were wont to be employed in that office, Fleta, li. 2. c. 24. S. Tho. 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 decide all causes, appertaning to the King's profits coming into the Exchequer by any means. This is in part also proved by the Stat. an. 20. Ed. 3. ca 2. & anno 27 ejusd. stat. 2. ca 18. & anno 5. R. 2. stat. 1. ca 9 & 12. et anno 14. ejusd. ca 11. And hereupon they be of late, men learned in the Common Law of the Realm: whereas in autient times they were others: viz. majores et discretiores in regno, sive de clero essent, sive de curia. Ockam in his lucubrations de fisci regii ratione. Horn. in his mirror of Justices saith, that Barons were wont to be two, and they Knights, cap. De la place del Exchequer. Then be there in this signification, Barons of the Cinque Ports, anno 31 Ed. 3. stat. 2. cap. 2. & an. 33 H. 8. cap. 10. which are two of every of the seven towns, Hastings, Winchelsey, Rye, Rumney, Hithe, Dover, and Sandwich, that have places in the lower-house of Parliament, Cromptons' jurisd. fol. 28. Baron in the third signification, is used for the husband in relation to his wife: which is so ordinary in all our law-writers, that writ in French, as it were superfluous to confirm it by any one. Baronet. I read this word, anno 13 R. 2. stat. 2. cap. 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, ●s 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, Josh. cap. 13. vers. 14. The other respect they have, groweth from the bounty of our English Kings, whereby they have Baronies at the least, and are thereby Barons or Lords of the Parliament. This Barony (as Bracton saith, lib. 2. cap. 34.) is a right indivisible: and therefore if, an inheritance be to be divided among Co-parteners; Though some capital messages may be divided, yet, si capitale messuagium sit caput Comitatus, vel caput Baroniae, he faith they may not be parceled: The reason is, ne sic caput per plu●es particulas dividatur, & plura jura comitatuum & baroniarium deveniant ad nihilum: per quod deficiat Regnum, quod ex Comitatibus & Baroniis dicitur esse constitutum. Bar (Barra) cometh of the French (bar) or barriere (i. repagulum, 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 scecial. A Bar 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, and falleth out in the case in hand, or question, upon some special circumstance of the fact, Plowden casu Colthirst. fol. 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 fancy.) 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 except he have a more especial plea or bar to allege he is to be condemned in the action. See also Plowden in the case aforenamed, fol. 28. a. b. and Broke, t●●ul● Bar, num. 101. and Kitchen, fol. 215. Bar also in the same signification, is divided into bar material, and bar at large, Kitchen, fol. 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 Ancester of the Plaintiff, or such like. A bar at large is, when the Tenent or Defendant by way of exception, doth not traverse the Plaintiffs title by pleading not guilty, nor confe ie and avoid it, but only maketh to himself a title in his bar. As if in an Assize of novel disseisin, the Tenent plead a Feoffment 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. fol. 29. Bar, is also in regard of the effect, divided into bar perpetual, and 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 titu. Bar, nu. 23. where he saith, that to plead (plenè administravit) is good, until it may appear, that more goods come to the Executors 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 Sergeants or Councillors stand to plead causes in Court, or Prisoners to answer to their Indictment. Of which our Common lawyers, that be licenced to plead, in other Countries called (licentiati) are termed Baristers, anno 24 H. 8. cap. 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. Lamb. Eirenarcha, pa. 342. who saith likewise, that barettor (for so he writeth it) may seem to come from the Latin (baratro) or (balatro) that is, a vile knave or unthrift, and (by a metaphor) a spot in a Common wealth. See the statute of Champerty, anno 33 Ed. 1. stat. 2. cap. unico, and West. 1. ca 32. an. 3 Ed. 1. M. Skene de verè. signif. verbo, barracrie, saith that Barrators 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 rigio, parte 5. nu. 66. whose words are: Barataria verò dicitur, quando Judex aliquid petit indebitum, ut justituam faciat. Who also, nu. 195. part. 5. saith thus: barraterii appellantur, qui praetorium nimis frequentant. And in another place of the same work; Barratria 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 justitiam auro vendunt. Paris Pateola. de syndicatu, verbo Barataria. pa. 217. Bar fee, is a fee of twenty pence, that every prisoner acquitted of felony payeth to the Gaoler. Crompt. Justece of peace, fo. 158. b. Barrel, is a measure of wine, oil, etc. containing the eighth part of a ton, the fourth of a Pipe, and the second of a hogshead, that is, 31. gallons and a half, anno 1 R. 3. cap. 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 32. gallons, the Kilderkin 16. and the firkin, 8. gallons, an. 23 H. 8. c. 4. Barriers, cometh of the French (bars) and signifieth with us that which the Frenchmen call (jeu de bars, i palaestra●●) 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. circumvenire) It signifieth in our Statutes, exchange of wares with wares, anno 1 R. 3. ca 9 and so bartry the substantive, anno 13 Eliz. cap. 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 (bas estate.) 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 Saxon words, verb. Paganus) which do to their Lords villainous service. The Author of the Terms of law in his Tractat of old Terms, saith, that to hold in fee base, is to hold at the will of the lord Kitchen, fol. 41. seemeth to make base tenure and frank to be contraries: where it appeareth, that he putteth Copy-holders' in the number of base Tenants. And out of these, I think, that it may be probably conjectured, that every base Tenent holdeth at the will of the Lord, but yet, that there is a difference between a base estate and villainage; which Fitzh. in his nat. br. f. 12. B. C. seemeth co confound. For the Author of the Terms of law saith in the place before ciced, that to hold in pure villainage, is to do all that the Lord will command him. So that if a Copyholder have but base estate, he not holding by the performance of every commandment of his Lord, cannot be said to hold in villainage. Whether it may be said, that Copy-holders' be by custom and continuance of time, grown out of that extreme servitude, wherein they were first created, I leave to others of better judgement: but Fitz. 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 (baslardus) in the Statute, an. 12 R. 2. ca 6. signifieth a weapon, which M. Speight in his exposition upon Chawcer, calleth pugionem vel sicam. Bastard (bastardus.) See Bastardy. And See Skene de verbo. signif. verbo Bastardus. Bastardy (bastardia) commech of the French (bastard, i. nothus) Cassanaeus de consuetu. Burg. pag. 1116 saith (bastard) and (filius naturalis) be all one. Bastardy in our Common law, signifieth a defect of birth objected to one begotout of wedlock, Bract. l. 5. cap. 19 per totum. How bastardy is to be proved, or to be inquired into, if it be pleaded, see Rastals book of Entries, tit. Bastardy, 104. f. Kitchen f. 64 maketh mention of Bastardy special, and Barstardy 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 inquity made, that the party inquired of, is a Bastard or not a Bastard, upon some question of inheritance. Bastatdy 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 fignifications, Bastardy is rather taken for an examination or trial, whether a man's birth be defective or illegitimate, than for Bastardy itself. See Broke, titulo, Bastardy. n. 29. and Doctor Ridlies' book, pa. 203, 204. Baston, is in French a staff, club, or coulstaff. It signifieth in the Statutes of our Realm, one of the Warden of the Fleet 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. cap. 12. anno 5 Eliz. cap. 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. cap. 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, because it 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 Smith de repub. Anglorum, lib. 2. cap. 7. & lib. 3. cap. 3. See Combat. 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 injuriam personalem, quia personae infertur per verbera, cruciatum, etc. Wesemb. parat. π. de injur. & fam. libel. Baubels (baubella) is an old word, signifying Jewels. Ro. Hoveden part poster. suorum. annal. fol. 449. b. BE 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, i decorous, formosus, pulcher) and (pleader, i. disputare, & causam agere.) It signifieth in our Common law, a writ upon the statute of Marlbridge, or Malborow, made the 52. year of H. 3. cap. 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 Fitzh. 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 Shyreeve or other Bailiff in his Court, will take fine of the party Plaintiff or Defendant, for that he ple●deth not fairly, etc. Bedell (Bedellus) cometh of the French (be deau, i apparitor) and 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 parte pri. of his forest laws. pag. 221. in these words: A Beadle is an officer or servant of the Forest, that doth make all manner of garnishments of the Courts of the Forest, & 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 errand of a Shyreeve in a County, etc. Benefice (Beneficium) is generally taken for all ecclesiastical live, be they dignities or other, as anno 13 R. 2. stat. 2. cap. 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 Rich. 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 Stow, pag. 791. saith, that the invention grew from Edward the fourth's days. You may find it also, anno 11 H. 7. cap. 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, descis. 136. Gassan. de consuet. Burg. pag. 134, 136. Baldus consitio. 120. vol. 6. pag. 230. Of this Maenochius maketh mention, lib. 2. cent. 2. cap. 178, & 179. showing, when it is lawful for a Prelate charitativum subsidium à sibi subditis exigere, & quanta debeat esse ejus summa, setting down eight just causes of this exaction. Besaile, (proavus) is borrowed of the French (bisayeul, i. le pere de mon 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 he 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 parte 2. of his Forest laws, cap. 4. num. 1. Beasts and Fowls of Waren, are the Hare, Conie, Fesant, and the Partridge, Manwood parte 2. cap. 4. num. 3. Bestail, cometh of the French (bestial, i. pecus) it seemeth with us to signify all kind of taken for the King's provision, anno 4 Ed. 3. cap. 3. And bestial is generally used for all kind of , anno 1 Jacobi cap. 33. BY 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. S. 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. 5. vers. 2. Oportet 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 matried. 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 stature, 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 selonie 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 licenced to transport, Reg. orig. fol. 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. fol. 63. a. Kitchen foe. 45. & 79. These in Scotland are called (burlaw) or (birlaw.) Skene de verbo. sign. verbo Burlaw: where he saith thus: Laws of burlaw, are made and determined, by consent of neighbours elected and chosen by common consent, in the Courts called birlaw courts. In the which cognition is taken of complaints betwixt neighbour & neighbour: which menso chosen, are Judges and Arbitratours to the effect aforesaid, and are called birlaw men. For (bawr) or (bawrsman) in Dutch is rusticus) & so (birlaw) or (burlaw) leges rusticorum. Hitherto M. Skene. Bilinguis, though it signify in the 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, an. 28 Ed. 3. cap. 13. Bille (billa) is diversely used among our Common lawyers. First, (as West saith pa. 1. symb. lib. 2. sect. 146.) it is all one with an obligation, saving that when it is in English it is commonty 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 Commonwealth. This bill is sometime offered up to Justice's 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, where upon 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. parte 2. Symbol. 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 Eyre, etc. endorsing a bill, whereby any crime punishable in that Court, is presented unto them, with these two words; do signify thereby, that the present or 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 sife of the person 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, i. massa auri.) anno 27 Edw. 3. stat. 2. ca 14. Bynny pepper, anno 1 Jaco. ca 19 BLS Black mail, is half English, half French. For in French (maille) signifieth a small piece of money, which we call a half penny. It signifieth, in the Counties of Cumberland, Northumberland, Westmoreland, and the Bishopric of Duresme, a certain rate of money, corn, , 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 spoil-takers within the said Counties, to the end thereby to be by them fteed, protected, and kept in safety, from the danger of such as do usually rob and steal in those parts, anno 43. Eliz. cap. 13. Black rod, is the huissier 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, i. candidus, albus.) It signifieth a kind of coin that was coin in the parts of France by King H. the fifth, that were subject to England: the value whereof was eight pence, Stows annals, pag. 586. These were forbidden to be current within this Realm, an. 2 H. 6. cap. 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 twenty-two 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 Smith's 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 ●ittle 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 water: and after carried by the said Hammerman, and put under the great Hammer also driven by the water. And so the said blooms are drawn, fashioned, and made into such barts of iron of divers sorts and forms, as we see commonly sold. Of this you may read in the Statute, an. 27 Elizab. ca 19 See Bay. Bloudwit (blodwita is compounded of two 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 Chawcer saith, that (to twit) is as much as to blame. (To twit) in some other places of this land signify has much as (to hit in the teeth) or to upbraid. This bloudwit is a word 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. Rastal in his exposition of words. Skene de verbo, signif, writeth it (bludveit) and saith that (veit) in English is injuria 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. BOY Bockland, See Charterland, See Copie-hold and . Bonis arrestandis, is a writ, for the which See Arrestandis bonis. Bonis non amovendis, is a writ to the Shyreeus 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' jurisd. fo. 24. It may probably be thought, that it was anciently taken for those companies consisting often families, which were combined to be one another's pledge or borhoe: See Bracton, li. 3. tractat. 2. a. 10. See Headborow, and Borowhead, and M. Lamberd in the duties of Constables, pag. 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, ubisunt per limites habitacula plura constituta.) Butthen setting down his own opinion, he defineth it thus: Burgus dici potest villa quaecu●que alia à civitate, in qua est universitas approba ta. And that he provethout of the 11. book of Justinians Codex, tit. de fund. rei privatae. 65. & l. 6. ejus tituli, where burgus is termed corpus. Some derive it from the Greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i, turris) see M. Skene de verbo sign. verbo Borghe. The late author M. Verstegan, in his restitution of decayed intelligences, saith, that (burg) or (burgh 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 Borrough, were places one way or other fenced or fortified. Bordlands, signify the demesnes, that Lords keep in their hands, to the maintenance of their board or table. Bract. li. 4. tractat. 3. ca 9 nu. 5. Borrowhead, aliâs Headborow, (capitalis plegius) by M. Lamberds opinion in his treatise of Constables is made up of these two words, (borhoe, i pledge) and (head) and signifieth a head or chief 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, and to do in the name of the rest, those things that concerned them. See Boron-holders'. Borow-holders', allâs' Bursholders, be quasi borhoe calders, signifying the same officers that be called borow-heads. (Lamb. in the duties of Caustables) Bracton calleth them (Borghio 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 tenements descend to the youngest son: or if the owner have no issue, to his youngest brother: as in Edmuntan. Kitchen, fa 102. And the reason of this custom, as (Lutleton) saith, is, for that the youngest is tresumed in law, to be least able to shift for himself. Barow goods divisable, I find these words in the Statute of Acton Burnal. anno 11 Edw. 1. statuto unico, and dare not confidently set down the true meaning of them. But as before the Statute of 32. & 34. H. 8. no lands were 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 parte 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, and read M. Skene de verbo signif. verbo, Bote. Boeiler of the King (pincerua 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 dolium eligere in prora navis ad opus regis, et aliud in puppi, et pro qualibet pecia reddere tantùm 20. solid. mercatori. Si autem plura inde habere volucrit bene licebie: dum tamen precium fide dignorum judicio pro rege apponatur. Bow-bearer, is an under-officer of the Forest (as M. Crompton in his jurisdict. fo. 201. setteth down) sworn to the true performance of his Office in these words: I will true man be to the Master Forester of this Forest, and to his lieutenent: and in the absence of them, I shall truly oversee, and true inquisition make, as well of swornmen as unsworn 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. BR Bracton (otherwise called Henry of Bracton) was a famous Lawyer of this land, renowned for his knowledge both in the Common & Civil laws, as appeareth by his book every where extant. He lived in the days of Henry the third Stawnf. praero. f. 5. b. and as some say, Lord chief Justice of England. Bread of treat, and bread of coker, anno 51. H. 3. statuto 1. of bread and ale. Bred, signifieth broad. This word Bracton useth, li. 3. wact. 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, or two in brea th'. Brevibus, & rotulis liberandis, is a writ or mandat to a Shyreeve to deliver unto the new Shyreeve chosen in his room, the County with the appertinances, together with the rolls, briefs, remembrances, and all other things belonging to that office. Register orig. 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 (bref, ou brief. i. brevis) and in our Common law siggnifieth 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 justice or good order. The word is used in the Civil law, sometime in the singular number, and masculine gender, as l. ult. Cod. de conveniendis fisci debitoribus, l. 10. tit. 2. you have these words: Inter chartul as confiscati brevis, quidam adseveratur inventus, qui nomina continebat debitorum. Where it 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. Quadrimenstru● autem breves erant, qui de singulis indictionum pensionibus, quarto quoque mense solutis, conficiebantur. Also Lampridius in Alexandro hath it singularly thus: notarium, qui falsum causae brevem in consilio imperatorio retulisset, etc. And in the authentics, Novel. 105. cap. 2. you have this word (breviatores, i. brevium proscriptores.) Breves autem, brevia, brevicula, sunt chartae sive libelli breves, as Gothofred, there noteth. Where he noteth likewise out of Zonacas in Carthagin: Concilio, that this is a Greek word thus: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. See Skene de verbo signif. verbo Breve. Of these briefs see also Bracton l. 5. tract. 5. c. 17. num. 2. Breve quidem cùm sit formatum ad similitudinem regulae juris, quia breviter & paucis verbis intentionem proferentis exponit & explanat, sicut regula juris rem quae est breviter enarrat. 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. cap. 2. Brigbote, significat quietantiam reparationis pontium. Fleta lib. 1. cap. 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, and 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. praero. f. 6. & 21. S. Edward Coke saith, that this Britton writ his book in the fiftieth year of the said Kings reign. lib. 4. fol. 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 Mary's time. Cromptons' Justice of peace, f. 22. b. he made an abridgement of the whole law, a book of high account. Broker (brocarius) seemeth to come from the French (broicur, i tritor) that is a grinder 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. These men be called broggers, anno 10 R. 2. cap. 1. It may not improbably be said, that this word cometh from (brocarder, i. cavallari) because these kind of men, by their deceitful speeches, and abusing their true trade, many times inveigle others. In Scotland they be called (broccarii) 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 contracting marriage. Skene de de verbo sig. verbo broccarii. He that will know what these brokers were wont, and aught to be, let him read the statute anno 1 Jacobi. ca 21. These in the Civil law are called (proxeneti) as also of some (licitatores & mediatores, tit. de proxeneticit, in Digestis.) This kind of dealer is also of the Romans called (pararius) Sencca l. 2. the benef. ca 22. Caelius Rhodoginus, libro 6. c. 32. & li. 3. cap. 15. Broderers cometh of the French (brodeur,) and that cometh of (bordure, i, fimbria, limbus,) the edge or hem of a garment. 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 broderer or embroderer with us. Brodehalpeny, cometh of the three Saxon words (bret, or bred) i. a board, and (halve) that is, for this or that cause (cujus rei gratia) 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 their letters patents. Insomuch, 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 compensatic.) It signifieth with us, a tribute, contribution or aid toward the mending, or re-edifying of Bri●ges; 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 and Brigbote. BUT Bull (bulla) seemeth to come from the Greek, (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. consilium) as Polydorus 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. and 2. Ph. & Ma. cap. 8. Bullion, cometh of the French (billon) that is, the place where gold is tried. It signifieth with us, gold or silver in mass or billet, anno 9 Ed. 3. stat. 2. cap. 2. and sometime the King's exchange or place, whither 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. Burgbote, cometh of (burg, i. castellum) and (boat, 1. 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 quietantiam reparationis murorum civitatis, vel burgi. lib. 1. c. 47. Burg English. See Borow English. Burgages (burgagium) is a tenure proper to Cities and Towns, whereby men of Cities or Borows 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. num. 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 dwellinghouse, 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 offendor, be to steal, this is like robbery, if to murder, it differeth not much from murder, and so of other felonies, West. parte 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 house-robbing, by a peculiar name. How many ways burglary may be committed, see Cromptons' Justice of Peace, fol. 28. b. and 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. CA CAblish (cablicia) among the Writers of the Forest laws, signifieth brush wood, Manwood part pag. 84. Cromptons' Jurisd. 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. & an. 35 ejusdem, 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 , 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 Tenent to answer to the default, and over to the demandant: (Cape parvum) summoneth the Tenent 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 (Principe 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, than this writ shall go for the King, to take the land in o 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 sort to contain in it the effect (missionis in possessionem ex primo & secundo decreto) 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 mooveable and immooveable goods, whereas the (Cape) is extended only to : 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. nat. 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 & seq. 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 warantizandum, hath been awarded, and the Shyreeve 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 vouchee, if he have so much: and if he have not so much, than I shall have execution of such lands & tenements, as descend unto him in fee-simple: or if he purchase afterward, I shall have against him a resummons: & if he can nothing say, I shall recover the value. And note ye, that this writ lieth before appearance. Thus fare 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 Shyreeve 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 utlagatum, & inquiras de lönis & catallis. Capias ad satisfacieudum, is a writ of execution after judgement, lying where a man recovereth in an action personal, as debt, or damages, or detinue 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 Sheriff commanding him that he take the body of him, against whom the debt is recovered: and he shall be 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 statute, 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 lib. 3. fol. 12. a. Capias utlagatum, is a word of execution, or after judgement, which lieth against him that is outlawed upon any sure: by the which the Sheriff upon the receipt thereof, apprehendeth the party outlawed, for not appearing upon the (exigend.) 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, & inquir as de bonis & catallis, is a writ all one with the former, but that it it giveth a farther power to the Shyreeve 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. fol. 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 Wi●hernamium de averiis, is a Writ lying for in Withernam. Register orig. f. 82. & 83. see Withernam. Capias in Withernamium de bemine, is a writ that lieth for a servant in Withernam. Register onig. f. 79. & 80. see Withernam. Capias conductos ad proficiscendum, is a writ that lieth for the taking up of such, as having received pressed money to serve the King, slink away, and come not in at their time assigned, Register orig. fo. 191. Captain, aliâs captain (capitaneus) cometh of the French (capitaine) 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 other nations signifieth more generally those that are in Latin called (principes) or (proceres) because, as Hotteman saith in verbis feudalibus: tanquam caput reliquo corpori, sic hii reliquis civibus praesunt. He divideth them into two sorts: and to use his words, alii sunt capitanei regni: quo verbo Deuces, Comites, Marchiones intelliguntur. l. 1. feud. tit. 1. §. 1. & ti. 7. Alii impropriè, qui urbium praefecti sunt, quibus plebs ab liquo superiorum gubernanda committitur: qui & vallaso●es rigit, & majores appellantur. l. feud. tit. 1. §. 1. & tit. 7. et tit. 17. So we have captains of Castles here in England, and other places, as of the Isles of Gersay and Gernsey, of the Isle of Wight, etc. Capite, is a tenute, which holdeth im● ediately of the King, as of his crown, be it by Knight's service or socage: Broke tet. tenors 46. 94. Dyer, foe 123. nu. 38. et foe 363. nu. 18. and not as of any Honour Castle, or Manor: & 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 crown, 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. f. 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 Manor belonging to the Crown, whereof I hold my land. Whereof Kitchen saith well, that a man may hold of the King by Knight's 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) & not immediately of the King, as of his crown, f. 129. with whom agreeth Fitzh. nat. or. 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 Manor, are not held in capite of the King: because that a writ of right, in that case, shall be directed to the Bailiff of the Honour, Castle, or manor, etc. but when the lands be held of the King, as of his Crown, than they be not held of Honour, Castle, or Manor, but merely of the King, as King, and of the King's Crown, as of a signory of itself in gross, & 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. nu. 37. Author of the new Terms, ver. 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 purchase a manor that I. S. holdeth, the Tenent shall hold as he held before, and shall not render livery or primei● seisin, nor hold in capite: And if the King grant that manor 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 capite, but as he held before. So that by this Book, tenure 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 〈◊〉 usual speech: because most commonly where we talk of tenure in capite, we mean tenure by knight's service. Carno, Cromptons' jurisd. fol. 191. is an immunity. Carke, seemeth to be a quantity 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 the Spanish (cargo) you have this word, anno 2 R. 2. ca 4. & anno 1 Ja. 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. cap. 396. It is reckoned among the Merchandise, that aught to be garbled, anno 1 Jaco. ca 19 Carve of land (carrucata terrae) cometh of the French (charue, i. aratrum) and with us is a certain quantity of land, by the which the Subjects have sometime been taxed: whereupon the tribute so levied, is called (Caruago, Caruagium) Bracton li. 2. cap. 16. nu. 8. It is all one with that, which the same Author, lib. 2. cap. 17. calleth (carucatam terrae.) For Littleton ca Tewre in socage, saith, that (haec soca socae, idem est quod caruca) sc. one soak, 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 caruage, that is to say, two marks of silver of every Knight's fee, toward the marriage of his sister Isabella to the Emperor: where caruage cannot be taken for a Blow 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 marks of silver. Rastal in his Exposition of words, saith, that caruage is to be quit, if the Lord the King shall tax all the land by carves: that is, a privilege, whereby a man is exempted from caruage. 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. Master 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 and pleasant 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 stead of Cinnamon. Whereof you may read in Gerard's Herbal, lib. 1. cap. 141. this is called Cassia lignum, in the Statute anno 1. Jacob. c. 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 Lomberds (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 ●●en within a certain compass of any Castle, toward the maintenance of such, is 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, is in Stows annals, pag. 632. Casu consim●li, is a writ of entry, granted where the Tenent by courtesy, or Tenent 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 Starute, 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, licenceth them to lay their heads toge〈…〉 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 Tenent so alienateth to his prejudice, and in the life time of the said Tenent. The form and effect whereof, read more at large in Fitzh. na. br. fol. 206. Casu proviso is a writ of entry, given by the Statute of Gloucester, cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life, or in tail, and lieth for him in reversion against the alienee. Whereof read Fitz. nat. br. more at large fol. 205. catals, (Catalla) al. âs chatels, cometh of the Normans. For in the eighty-seventh Chapter of the grand customary you shall find, that all movable goods with them, are called charels: 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 , but such as are in the nature of freehold, or parcel thereof, as may be gathered out of Stawnf. praero. cap. 16. and anno Eliz. 1. cap. 2. Howbeit, Kitchen in the chapter catalla. fol. 32. saith that ready money is not accounted any goods or chatels, 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, than 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, fol. 33. B. or else such as are necessary, issuing out of some thing to a person: as a lease or rent 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 kind or hold soever, under bona; bona autem dividuntur in mobilia & immobilia: mobilia verò in ea quae se movent, vel ab aliis moventur, v. legem 49. & l. 208. π. de verb. significa. & interprete ibidem. Bracton also c. 3. l. 3. num. 3. & 4. seemeth to be of the same judgement. Catallis captis nomine dictrictionis, it is a Writ that lieth within a Borow, 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. Fol. 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. f. 139. and in the Old nat. br. fol. 63. This is answerable to actio dispositi, in the Civil law. Catchep●lle, 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. cap. 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 refusesh so to do in reasonable time, being required thereunto by the woman. The form, and farther use thereof, learn in the Register orig. fol. 233. and in Fitzh. nat. br. fol. 205. Causam nobis significes, is a Writ which lieth to a Mayor of a Town or City, etc. that formerly by the Kings writ being commanded to give seisin unto the King's grantee lof any land or tenements, doth delay so to do, willing him to show cause, why he so delayeth the performance of his charge. Coke. l. 4. casu communality des Sadlers. fol. 55. b. Cautione admittenda, is a Writ that lieth against the Bishops, 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 thenceforth. The form and farther effect whereof, take out of the Regist. orig. pag. 66. and Fitzh. nat. br. fol. 63. CE Century (centuria.) See Hundred. Cepicorpus, is a return made by the Sheriff, that upon an (exigend.) he hath taken the body of the party, Fitzh. nat. br. Fol. 26. Certiorari, is Writ issuing out of 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. fol. 242. as also the Register, both original and judicial, in the tables, verbo Certiorari. Crompton in his Justice of peace. f. 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 caucellaria 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 Critics think it so barbarous, that they suspect it rather to be foisted in by Tribonian, than 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 writing 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, containing the tenure and effect of every endictment, outlawry, or convictior, and Clerk attainted, made or pronounced in any other Court, anno 34 H. 8. cap. 14. Of this see more in Certificate d'evesque. Broke, fol. 119. Certification of assize of novel disseisin, etc. Certificatio assisae novae disseisinae, etc. is a Writ granted for the reexamining or review of a matter passed by assize before any Justices, and is called (certificatione novae dissessinae) Old nat. br. fol. 181. Of this see also the Register original. fol. 200. and the new book of entries, verb. 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: & obtaineth Letters patents unto them to that effect. (The form of these Letters Patents, you may see in Fitzh. nat. br. fol. 181.) and that done, bringeth a Writ to the Sheriff, 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 Sheriff, 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 certifying 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 Bracto●. lib. 4. cap. 19 num. 4. in fine, & 5, 6. where he discusseth the reason of this point very learnedly; and lastly, Horn in his Mirror of Justices, lib. 3. cap. finali, §. en eyde des memoyees. etc. Certificando ' de recognitione Stapulae, it is a Writ directed to the Major 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. fol. 152. b. In like manner may be said of (certificando de statuto mercatorio) eodem, fol. 148. and (de certificando in cancellarium de inquisitione de idemptitate nominis) fol. 195. and (certificando quando recognitio, etc.) and (certificando quid actum est de brevi super statutum mercatorium,) fol. 151. and (certificando si loquela Warantiae,) fol. 13. Cessor, is he that ceaseth or neglecteth so long to perform a duty be longing 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. fol. 136. And note, that where it is said in divers places (the Tenent cesseth) without any more words, such phrase is so to be understood, as if it were said, the Tenent cesseth to do that which he ought, or is bound to do by his Land or Tenement. Cessavit, is a Writ, ●hat lieth in divers cases, as appeareth by Fitzh. nat. br. fol. 280. upon this general ground; that he against whom it is brought, hath for two years' foreslown to perform such service, or to pay such rent, as he is ●ed unto by his Tenure, and hath not upon his Land or his Tenement, sufficient goods or cattles to be distreined. Consult more at large with Fitz. upon this ubi supra, with Fleta lib. 5. cap. 34. § visa sunt, and with the Terms of law. See Cessavit de cantaria. Register orig. fol. 238. Cessavit de feod: firma, eodem fol. 237. Cessavit per biennium, eodem, folio etiam eodem. See the new book of Entries, verbo Cessavit. Cestui qui vie, is in true French (Cestui a vie de qui.) i. he for whose life any Land or Tenement is granted. Perkins grants, 97. Cestus qui use (ille cujus usui vel ad cujus 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 entries, verbo uses, and in Replevin, fol. 508. colum. 3. & verbo Trespass, fol. 606. & fol. 123. a. b. colum. 3. num. 7. CH Chafe wax, is an Officer in Chancery, that fitteth the wax for the sealing of the Writs, & 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, i. sectari belluas, apros, cervos.) It signifieth two things in the Common Law. First, as much as (actus) in the Civil law, that is a driving of to or from any place: as to chase a distress to a fortlet. Old. nat. br. fol. 45. Secondly, it is used for a receipt for Deer 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, fol. 148. saith, that a Forest cannot be in the hands of a subject, but it forth with loseth the name, and becometh a chase, and yet fol. 197. he saith, that a subject may be lord and owner of a Forest, which though it seem a contrariety, yet be both his say, 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 more, and Attachment, forthwith do vanish; none being able to make a Lord chief Justice in Eyr of the Forest, but the King: as M. Manwood well showeth, parte 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 Swainmote, and a Court equivalent to a Justice seat, as appeareth 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, & 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 (challenger, i. sib● asserere) & 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 re●. Angl. lib. 2. cap. 12. Briton. cap. 52. Bracton. lib. 2. tract. 2. cap. 22. Against things, as a declaration, Old nat. br. fol. 76. Challenge made to the Jurors, 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 different. 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. Eirena. 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, anno 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 children 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 , 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 the Law, ubi supra. This Challenge, per cause, seemed to be termed by Kitchen, challenge for favour, fol. ●2. 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 Enteries, verbo, Challenge, and the Old. nat. br. fol. 158. & 159. That this word (Challenge) is long since latined by the word (calumnia) appeareth by Bracton. lib. 3. tract. 2. cap. 18. & lib. 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, & seq. Chamberdekins, are Irish beggars, an. 1 H. 5. c. 8. Chamberer, is used for a Chambermaid, an. 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 Cbronicles, 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 Edw. 6. cap. 1. Chamberlain of the Exchequer, anno 51 H. 3. stat. 5. & anno 10 Ed. 3. cap. 11. & anno 14 ejusdem, cap. 14. & anno 26 H. 8. cap. 3. Chamberlain of North Wales, Stow, pag. 641. Chamberlain of Chester, Cromptons' jurisd. fol. 7. This Officer is commonly the receiver of all rents and revenues belonging to that person or City whereunto he is Chamberlain. Vide Fletam lib. 2. cap. 70. §. Si autem. The Latin word seemeth to express the function of this officer. For (camerarius dicitur à camer a, i. testitudine sive fornice: ●quia custodit pecun●as quae in cameris praecipuè reservantur. Onyphrius de interpret. vocum 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 jure fisci, lib. 6. tit. 3. saith, that camerarius vel camberlingus (quem quaestorem antiqui appellarunt) in rebus fisci primum locum tenet, quia thesaurarius & 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 bells of receipt and exitus, and 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, an. 34. & 35 H. 8. cap. 16. There be also Under-chamberlains of the Exchequer, which see in Under-chamberlain. Champartie (cambipartita) aliâs champerty, seemeth to come from the French (champert, i 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. Fitz. nat. br. fol. 171. and champertours be they, that move pleas or suits, or cause to be moved, either by their own procurement, or by other; and pursue 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 statute 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. cap. 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 thenceforth 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 fare this Writ extendeth, and the divers forms thereof, applied to several cases, See Fitz. nat. br. fol. 171. and the Register orig. fol. 183. and the new book of Enteries, verbo Champerty. Every Champerty employeth maintenance, Cromptons' jurisd. fol. 39 See also his Justice of Peace, fol. 155. b. etc. These with the Romans were called redemptores litium, qui sc. quotidian as lights mercantur, aut qui partem litis paciscuntur, l. si remuner andi §. Maurus. π. Mandati, l. si contra. & l. per diversas. Co. eodem, 13. C●anpion (campio) is thus defined by Hottoman, in verbis feudalibus. Campio est certator pro alio datus in duello: à campo dictus, qui circus erat decertantibus definitus. In our Common law, it is taken no les●e for him that trieth the combat in his own case, than for him that fighteth in the place or quarrel of another, Bracton, lib. 3, tract. 2. cap. 21. num. 24. who also seemeth to use this word for such, as hold by Seargante, or some service of another: as campiones faciunt homagium domino suo, lib. 2. cap. 35. Of this read more in Battle and Combat. 30. chancellor (cancellarius) cometh of the French (chancelier) Vicentius Lupanus de magistratibus Francorum saith that (cancellarius) is no Latin word: howbeit, he citeth divers Latin Writers that do use it. With him agreeth that excellent man Petrus Pithaeus, libro 2. adversariorum, cap. 12. and whereas Lupanus would derive it from the verb (cancello), Pithaeus confe●eth, he hath good colour for his opinion though he think it not sound; and therefore rather deduceth it (à cancellis. (Cancellare) is (litter as vel scriptum linea per medium dust a damnare) and seemeth of itself like wise to be derived (à cancellis) which signify all one with (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) in Greek, which we in our tongue call a Le●is: that is, a thing made of wood or iron bars, laid crosse-ways one over another, so that a man may see through them in and out. And is to be thought, that Judgement seats in old time, were compassed in with those bars, being found most necessary to defend Judges and other Officers from the press of the multitude, 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 act is 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 Commonwealth, are tied to the Law, and may not swerve from it in judgement: the Chancellor hath in this the Kings absolute power, to moderate and temper the written Law, and subjecteth himself only to the Law of nature and conscience, ordering all things juxta aequum & bonum. And therefore Stanford in his Prerogative cap. 20. fol. 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 Colleginm qui diplomata scriberent, & ejns Collegii magistrum vocabat Cancellarium, qui paulatim supremus factus est Magistratus, qualis hodie habeiur. And see Flet. lib. 2. cap. 13. This high Officer, seemeh to be derived from France unto us, as many other Officers and usages be. For of this thus writeth Boerius in his tract. De authorit. Magni Consilii. nu. 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum judicii tribunal hoc in regno (sub Principe tamen nostro moder anti, sigillum ● authenticum, quo sine publicis & patentibus regiis literis nulla fides adhibetur, liberam administrationem habenti, omnes & singuli regii Justiciarii, quocunque nomine nuncupontur, ac quavis authoritate fung antur, co inferiores saint. Et meritò: Succedit enim in quaestoris locnm, etc. He that beareth this Magistracy, is called the Chancellor of England, anno 7 R. 2. c. 14. and by the Statute anno 5 Eliz. cap. 18. the Lord Chancellor and Keeper have all one power. Nore farther, that divers inferior Officers are called Chancellors, as Chancellor of the Exchequer, anno 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 f●teth 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 honds, 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. Chanchellor of the Duchy of Lancaster, anno 3 Ed. 6. cap. 1. & anno 5 ejusdem, 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, i. 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. ejusdem; cap. 20. & anno 33. ejusdem, cap. 39 Chancellor of the n●●t truits, 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 most straightly tied to the Letter of the Law, whereof the Lord Chancellor of England is the chief Judge. Cromptons' jurisd. fol. 41. or else the Lord Keeper of the great Seal, since the statute 4 Eliz. cap. 18. It taketh the name from the Chancellor, as M. Cambden noteth in his Britannia, pag. 114. in meo. The Officers belonging to this Court, are (as is abovesaid) the 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 hanapar, the protonotary or register, the controller of the hanaper, the Clerk of appeals, the Sealer, the Chafe-wax, the Clerk of the faculties, the Clerk of the patents, Clerk of the statre- chamber, Clerk of presentations, Clerk of dismission, clerk of licenses to alienate, Clerks of the enrollements, Clerk of the protections, Clerk of the court of wards, Clerk of the subpenaes, which lee described in their places. Chapel (Capella) cometh of the French (chapelle, i. aedicnla) and is of two sorts, either adjoining to a Church, as a parcel of the same, which men of worth do build, ut ibidem familiaria sepalchra 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 ease: because it is builded for the ease of one or more Parishioners that dwell over fare 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 Caronists differ in opinion. Rebuffus' de pacif. possess. num. 104. saying, that some take it (à capiendo l. icos) others (à capra) because it representeth those cottages, which men wore wont to cover over with Goat's skins. Petrus Gregorius in suo syntagmate, lib. 15. cap. 29. hath these words of this thing; Capellanus a capella is & capella cui praeficitur, nominatur: item ab officio sen bene ficio & capellania. Capella aliquibus dicta, quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos, vel capiens landem: vel secundùm praepositum (à cappa Divi Martini, aut à caprinis pellibus, quibus olim altaria tegeba●tur secundùm Archidiacanum. Arbitrarer & à simplici tecto, quo oratorium campestre operitur, laeteribus undiquaque patentibus & patulis. Tectum enim Gallis simpliciter dicitur (chapelle) à capite. Under & formata aliqua aomina (chape in, cape, etc.) Aut capella locus qui minor is spatii sit quàm ecclesia quod tot homines non capiat, ut ecclesia. Ita altare eapella est ca quaesitum, etc. penult. i. quaest. 3. Jahan. A●draeas in cap. 1. de success. ab intesta. & praebenda cum onere quotidie celebrandi sacram l●turgiam. ca significatum. 11. the praebend. & or atorium. ca authoritate: de privilegiis, in 6. quòd in eo loco orationes non aliae res profanae peragi debeant. ca pen. & fina. 42. distinct. The same author in his book de beneficiis, cap. 11. nu. 10. hath these words: D●cti porrò primi tùs cappellant à cappa Sancti Martini, quam Reges Francorum ob adjuratorium in praeliis solebant secum habere: quam ferentes & custodientes, cum caeteris sanctorum reliquiis clerici, capellani caeperunt vocari, ut omnia refert Valafridus Strabo, Abbas Augensis, ca fina. de incrementis rerum ecclesiastica. There is of these chapels one kind called a f●ee chapel, which seemeth to be such as hath maintenance perpetual toward the upholding thereof and wages of the curate, by some lands charitably bestowed on it, without the charge of the Rector or Parish, anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Chapellain, (capellanus) is he that performeth divine service in a chapel; and therefore in our Common law, it i● 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. cap. 13. Where it is set down what persons may privilege one or more Chaplains, to discontinew from their benefices, for their particular service. Chapiters' (capitula) cometh of the French (chapitre, i. 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 Eyr, Justices of Assize, or of Peace in their sessions. So it is used, anno 3 Ed. 1. cap. 27. in these words: and that no Clerk of any Justice, Escheatour, or Commissioner in Eyr, shall take any thing for delivering chapiters, but only Clerks of Justices in their circuits: and again, anno 13 ejusdem, cap. 10. in these words: and when the time cometh, the Sheriff shall certify the Chapiters' before the Justices in Eyr, how many Writs he hath, and what, etc. Britton likewise useth the same word in this signification, cap. 3. Chapiters' 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 writing to the Enquest; 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 Enquest. And the same order doth M. Lamberd wish to be kept in these days also. Eirenar. lib. 4. cap. 4. pag. 393. Horn in his mirror of Justices calieth them articles; and expresseth what they were wont to contain, lib. 3. cap. des articles in Eyr. An example of these chapters or articles you have in the book of assizes, fol. 138. num. 44. as also in Roger Hoveaen, parte poster. suorum annal. i● Richardo primo, fol. 423. Chapter (capitulum) signifieth in our Common law (as in the Canon Law, whence it is borrowed) congregationem clericorum in ecclesia 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 Linwoods' provincials gloes. in ca, quia incontinentiae, de constitutionibas, 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. extrade rescriptis. Charta perdonationis se defendendo, is the form of a pardon for slaying another in a man's own defence. Register. original. fol. 287. Charta perdonationis Utlagariae, is the form of a pardon for a man that is outlawed. Regi. orig. fol. 288.388. Charter chartea) 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. cap. 16. num. 1. saith thus: Fiunt aliquando donationes in scriptis, sicut in chartis, ad perpetuam rei memoriam propter brevē hominum vitam, etc. and a little after: num. 12. Et sciendum quòd chartarumalia regia, alia privatorum; & regiarum alia privata, alia communis, & aliauniver salis. Itemprivatorum, alia de puro feoffamento & simplici, alia de feoffamento conditionali sive conventionali: & secundùm omnia genera feoffamextorum fieri potest. Item privatorum alia de recognitione pura vel conditionali. Item aliam de qutete-clamantia, Item alia de confirmatione, etc. and so through the chapter. Briton 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, fol. 114. & fol. 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' jurisd. fol. 147. Pupilla oculi, parte 5. cap. 22. Manwood, part 1. of his Forest laws fol. 1. where he setteth down the Charters of Canutus, and fol. 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, eodem 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 along discourse in Fleta lib. 3. cap. 14. who expoundeth every substantial part of a deed of gift particularly in order. Charter land, (terra per chartam) is such as a man holdeth by Charter, that is, by evidence in writing; otherwise called-Free hold, anno 19 H. 7. cap. 13. and Kitchin. fol. 86. and these in the Saxons time, were wont to be called, (Bockland) Idem, fol. 89. and Lamberd in his explication of Saxon words, verbo Terra ox Scripto, which was held as he there saith, with more commodious and easier conditions, than (Folkland) was: that is land held without writing. And the season he giveth, because that was haereditaria, libera, atque immunis: whereas fundus sine scripto censum pensitab at annuum a que officiorum quadam servitute est obligatus. Priorem viri plerumque nobiles atque ingenui, posteriorem rustici ferè & pagani possidebant. Illam nos vulgò freehold & per chartam, hanc ad voluntatem domini appellamus. Thus fare M. Lamberd. Charta party (charta partita) is nothing but that which we call a pair of indentures, containing the covenants and agreements made between Merchants, or Seafaring men, touching their maritine affairs, anno 32 H. 8. cap. 14. Chartis redd ndis, 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. fol. 66. Register orig. fol. 159. Chase. See Chace. Chatel. See Catel. Chance medley (Infortunium) cometh of the French words (chance, i. lapsus) and (mester, 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. lib. 1. cap. 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 signifis. 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. cap. 12. Chauntery, (cantaria) is a Church or Chapel endowed with lands or other yearly revenue, for the maintenance of one or more Priests, daily to sing Mass for the souls of the Donours, and such others, as they do appoint, anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Check-rolle, 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. cap. 13. anno 3 H. 7. cap. 13. and seemeth to have one etymology with exchequer. Which see. Chevage, (chevagin●) 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, lib. 1. cap. 10 saith thus: chevagium dicitur recognitio in signum subjectionis & dominti de capite suo. It seemeth also to be used, for a sum of money, yearly given to a man by another of might and power, for his avowement, and maintenance & protection, as to their head or leader. M. Lamberds, li. 2. cap. 5. Eirenarch, writeh it (chivagt) or rather (chiefage.) Chevisance, cometh of the French (chevir, i. venir a chief 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. cap. 9 t anno 13 Eliz. cap. 5. et 8. anno 10 R. 2. cap. 1. et anno 3 H. 7. cap. 5. Chief. See Capite. Chief pledge (plegius, vel vas capitalis) anno 20 H. 6. cap. 8. For the understanding of this word, See Bo●owhead. Childwit, cometh of the Saxon word (child.) and wit) which some say in that tongue, is a termination of some words without signification, as (dom) in (Christendom) or (hood) in (childhood) with us. But for the signification of (wit) see Bloudwit. Childwit signifieth a power 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, Kitchin. fol. 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 i: 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 chimin in gross, and chimin appendent, Kitchen fol. 117. Chymin in gross is that way, which a man holdeth principally and solely in itself: Chimin appendent 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 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 other side, may be that which they call real; as when a man purchaseth a way through another man's ground, for such as do or shall dwell in this or that house, for ever, or be owners of such a manor. Chiminage, (chiminagium) signifieth a toll for wayfarage thorough the Forest, Cromptons' jurisd. fol. 189. and Manwood part 1. of his Forest, laws, pag. 86. See Chimin. The Feudists call it, Pedagium. See Chimin. Chirographer of Fines (chirographus finium & concord●arum) cometh of the Greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) which signifieth a writing of a man's own hand, whereby he acknowledgeth a debt to another. It signifieth in our Common Low, 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. cap. 8. and West. Symbol. parte 2. titulo fines. sect. 114. & 129. Fitzh. nat. br. fol. 147. A. This Officer also maketh two Indentures, one for the Buyer, another for the Seller; and maketh one other intended piece, containing also the effect of the Fine, which he delivereth over to the Custosbrevium, 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 always keepeth the Writ of Covenant, as also the note of the Fine. Chivage. See Chevage. Chivalry, (servitium militare) cometh o 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-holds that are to us and our heirs, called (Feuda) feeze; as proceeding from the benefit of the King, for some small yearly Ren●, 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 of service, whereby the Tenent is bound to perform some noble or military office unto his Lord, and is of two sorrs: 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 Sergeanti●: and is again divided into grand or petit, i great or small. Great, commonly called Grand Sergeantie, 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 seethe his enemies invade the Land. or to find a man at Arms to fight within the four Seas, 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. Sergeantie. Petit Sergeantie, 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 Sergeantie. 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 is uncertain is likewise twofold: first where the Tenent 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 Tenent at the granting of the fee. 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 Tenent was bound thus to follow his Lord forty days. And a Knights see, 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 Britan. pag. 110. in meo. S. Thomas Smith sayeth, Census equestris is forty pounds' revenue in free lands. If the law extend but to half a knight's fee, than the Tenent is bound to follow his Lord, as above is said, but twenty days. If to a fourth part, than ten days, Fitz. not, br. fo. 83. C. & 84. C. E. The other kind of this Escuage uncertain is called Castleward: where the Tenent 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 Tenent is set at a certain sum of money, to be paid in lien of such uncertain service, as that a man shall yearly pay for a Knight's fee, twenty shillings. Stow. annal. pag. 238. for half a Knight's fee, ten shillings, or some like rate. And this service, because is it 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 Socage in effect: being now neither personal service, nor uncertain. Litleton, titulo Socage. This tenure called Chivalry, hath other conditions annexed unto it: as Homage, Fealty, Wardship, Relief, and Marriage, Bracton lib. 2 cap. 35. which, what they signify, look in their places. Chivalry is either general or especial. Dyer foe 161. num. 47. General seemeth to be, where only it is said in the Feosment, that the Tenent holdeth per servitium militare, without any specification of Sergeantie, Escuage, etc. Special, that which is declared particularly what kind of Knight's service he holdeth by. Choral, (choralts) seemeth to be any, that by virtue of any of the orders of Clergy, was in ancient time admitted to fit and serve God in the Choir, 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. Foyes 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 Voucher 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 ibidem. Church- wardens (Ecclesiarum gardianis) be Officers yearly chosen, by the consent of the Minister and Parishioners, according to the Cnstome of every several place, to look to the Church, Church-yard, and such things as belong ●o both, and to observe the behaviours of ●heir Parishioners for such faults as appertain ●o 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 l.b. 1. cap. 47. in fine: whereof he thus writeth: Certam mensuram bladi tritici significat, quam quilibet olim sanctae Ecclesiae die Sancti Martini empore tam Britonum quàm 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 traxsmisso, continetur, in quo illam contributionem, (chirchsed) appellant, quasi semen Ecclesiae. CI 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, li. 3. cap. 142. This is reckoned among garbleable spices, anno 1 Jac. 19 Cinqne ports (quinque portus) be those special Havens that lie toward France & therefore have been thought by out 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 divers pri vileges granted unto them, as a particular ju risdiction, 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 por. s Dover, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe, whereof some, because the number exceedeth five, must either be added to the first institution, by some latter 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, than 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 impaneled 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. an. 35 H. 8. cap. 6. and anno 5 Elizab. cap. 25. City (civitas) cometh of the French (cite) 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. Bcryto. tit. 21. lib. 10. Cod. hath these words: Idem locus, urbs, civitas, & opidum appellatur. (Pro quo est etiam infra. De spectaculis, l. Nemo.) Civitas enim dicitur, quatenus cum justitia & magistr atuum ordine gubernatur; opidum, quatenus est ●bi copia incolarum: & urbs, quatenus muris debito more cingitur. Propriè autem dicitur civitas, quae habet Episcopum. Supra de Episcop. & Cleri. l. Nulli. Aliâs dicitur gener aliter omnis habitatio plurimorum, quae muro cingitur. π. de verbo signif. lib. 2. & de penu lega. l. Nam quod §. Si ita. Sed strictè loquendo, si Episcopo caret, dicitur nrbs. π. de verb. signif. l. Pupillus. §. Oppidum, etc. Yet M. Crompton in his Jurisdictions, where he reckoneth up the Cities, leaveth out Ely, though it have a Bishop and a Cathedral Church, and putteth in Westminster, though now it have no Bishop. And anno 35 Eliz. cap. 6. Westminster is called a City, anno 27 ejusd. 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 Westusmjter. Civitas, according to Aristotle, li. politicorum, ca pri. is defined to be a certain or uniform government of the Inhabitants, & Caesar civitatem vocat populum eodem jure utentem, Camd. Britan. pa. 310. But this is the general definition of a Commonwealth, 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. pag. 15. saith, that France hath within the territories of it, one hundred and four Cities, and giveth reason of this his saying, because there be there so many seats of Archbishops and Bishops. CL 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 off the sheep's mark, which maketh it to weigh less, and so yield the less custom to the King; to force wool, is to clip off 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 sleece. Clamea admittenda in i●inere per Atturnatum, is a writ whereby the King commandeth the Justices in Eyre to admit of ones clai●n by Attorney, that is employed in the King's service, and cannot come in his own person. Register. 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 clamcum qualitercunque apposuerit: Bracton lib. 1. cap. 10. See the definition and divers sorts of claim in Plowden. Casu Stowel. fol. 359. a. Clarentius. See Herald. Clergy (clerus, clericatus) is diversely taken: sometime for the whole number of those, that are (de clero Domini) of the Lords lot or share, as the tribe of Levi was in Judaea: sometime for a plea to an Indictment, or an appeal, and is by Stawnf. pl. cor. l. 2. cap. 41, thus defined. Clergy is an ancient liberty of the Church, which hath been confitmed 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. Cook lib. 4. fol. 46, a. This liberty is mentioned in articulis cleri, ann. 9 Ed. 2. cap. 16. and what persons might have their Clergy, and what not, see Stawnf. pl. cor. lib. 2. cap. 42 & 43. Howbeit there be many statutes made since he writ that book, whereby the benefit of Clergy is abridged: As anno S. El. cap. 4. an 14. ejusdem, cap. 5. anno 18 ejusdem, cap. 4, 6, 7. & anno 23 ejusdem, cap. 2 a. 29 ejusdem, cap. 2. an. 31 ejusdem, cap. 12. a. 39 ejusdem, cap. 9 & cap. 15. Of this see Cromptons' Justice of peace, fol. 102, 103, 104, 105. And lambert's Eirenarcha, lib. 4. cap. 14. pag. 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 Eliz. cap. 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 granted for: and so burnt in the hand and set free for the first time, if the Ordinaries Commissioner, or Deputy standing by do say (legit ut Clericus) or otherwise suffereth death for his transgression. Clerico admittendo, is a Writ directed to the Bishop, for the admitting of a Clerk to a Benefice upon a (Ne admittas) tried and found for the party that procureth the Writ. Reg. orig. fol. 31, 6. Clerico capto per statutum mercatorum, etc. is a Writ for the delivery of a Clerk out of prison that is imprisoned upon the breach of a statute metchant. Rtg. orig. fol. 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 privileges of Clerks. Regist. origin. fol. 69. a. Clerico infra sacros ordines constituto non eligendo in officium, is a Writ directed to the Bailiffs, etc. that have thrust a Bayliwick or bedleship upon one in holy Orders, charging them to release him again. Register orig. fol. 143. a. 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, or what other degree or dignity soever: though according to former times, not only Sacerdotes & Diaconi, but also subdiaconi, cantores, acolyti, exo●cistae, & 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 religious (otherwise called regular) or secular, anno 4 Hen. 4. cap. 12. The other signification of this word noteth those, that by their function or course of life practise their pen in any Court, or otherwise; 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 Parliamenti,) is he that recordeth all things done in the high Court of Parliament, and engrosseth them fairly into parchment 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' Jurisd. fol. 4 & 8. Smith de republs. Anglorum, 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 council, as well ordinary as extraordinary, viz. commissions of Lieutenancies, of Justice's errand, and of Assizes of Oyer and Terminer, 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; he 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 Cursitour 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. cap. 10. he is called Clerk of the Crown of the King's Bench. Clerk of the Extreats (clericus Extractorum) is a Clerk belonging to the Exchequer, who termely receiveth the Extreats out of the Lord Treasurer's Remembrancer his office, and writeth them out to be levied for the King. He also maketh schedules of such sums extreated as 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' Jurisdict. fol. 227. Clerk of the Pell (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 exitum) wherein he setteth down by what warrant 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 intolleth 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 extreat into the Exchequer all issues, fines, and amerciaments, which grow due to the King any way in that Court, and hath a standing fee of ten pounds of the King, for making the same ex treats. See Fitzh. nat. br. fol. 76. in prin. Clerk of the petty Bag (clericus parvae bagiae) is an Officer of the Chancery, 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 le manes, to make all patents of Customers, Gaugers, Controllers, and Aulnegers, All congee de 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 seizing of the Subsidies. Writs for the nominations of Collectors for the fifteenths, 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. cap. 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, an. 1 Ed. 4. cap. 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. cap. 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, Pottles, Gallons, etc. of Weights, Bushels and such like, and to see that all measures in every place be answerable unto the said Standard, Fleta lib. 2. cap. 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 statute, anno 13 R. 2. c. 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 dimidium 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 Counterpain of the Indenture of Armour, to keep the Register book of Licenses, given to Badgers and laders of corn, and of those that are licenced to shoot in guns, and 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. Lambert's Eirenarcha, lib. 4. cap. 3. fol. 379. Clerk of the Signet (clericus signeti) is an Officer attendant continually on his Majesty's principal secretary, who always hath the custody of the privy Signet, as well for sealing his Majesty's private Letters, as also such grants as pass his Majesty's hand 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. cap. 11. Clerk of the privy seal (clericus privati sigilli) is an officer (whereof there be four of 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 Signer 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 special occasion of his Majesty's affairs; as for loan of money, and such like. Of this officer and his function, you may read the statute, an. 27 H. 8. cap. 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. cap. 11. Clerk of the Juries or Jurata writs (clericus Juratorum) 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. Clerck 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 out of the Remembrancers offices, chargeth them down into the great Roll: who also writeth summons to the Sheriff, 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 Lord Treasurer's Remembrancer, to write extreats against their Lands. The ancient renew of the Crown remaineth in charge before him, and he seethe the same answered by the Fermers and Sheriffs to the King. He maketh a charge to all Sheriffs, of their summons of the Pipe and Green wax, and seethe 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 Hanaperii) is an Officer in Chancery, anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper, in the same statute, whose function is to receive all the money due to the King's Majesty for the seals of Charters, Patents, Commissions, and Writs, as also fees due to the Officers for enrolling and examining the same, with such like. He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time, and at all times of sealing having with him leather bags, wherein are put all Charters, etc. after they be sealed by the Lord Chancellor, and those bags being sealed up with the Lord Chancellors private Seal, are to be delivered to the Controller of the Hamper, 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 Emperor's 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 sue or to be sued upon any action. Clerk of the Treasury (clericus the saurariae) 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 prius, hath the fees due for all searches, and hath the certifying of all records into the King's Bench, when a Writ of Error is brought; and maketh out all Writs of (Supersedeas de non molestando) which are granted for the Defendants while the Writ of Error hangeth. Also he maketh all Exemplifications 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 Secundary, or Under-Clerk of the Treasury for assistance, which hath some allowances. There is likewise an Underkeeper, who always keepeth one key of the Treasury door, and the chief Clerk of the Secundary an other, 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 Essoins 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 utlaga●um) after outlawry. And the King's Attorney's name is to every one of those writs. And whereas seven pence is paid for the Seal of every other writ, betwixt party and party, there is but a penny paid for the Seal of this writ, because it goeth out at the King's suit. Clerk of the sewers (clericus suerarum) 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 of anno 13 Elizab. cap. 9 Clerk controller of the King's house whereof there be two) is an officer in Court, that hath place and seat in the Countinghouse, and authority to allow or disallow the charges and demands of persuivants or messengers of the Green cloth, purveyors, 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 Countinghouse with the superior officers, viz. the Lord 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 and charged for that purpose. This Officer you have mentioned, an. 33 H. 8. cap. 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 Sheriffs upon their estreats of green wax, and delivereth the same into the lord Treasurer's 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 controllement of the yeomen of the Guard, and all other ordinary yeomen or 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 Deputy 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 Henric. 8. cap. 12. Clerk Marshal of the King's house, seemeth to be an Officer that attendeth the Marshal in his Court, and recordeth all his proceed, anno 33 Henr. 8. cap. 12. Cloth of Ray, an. 27 E. 3 stat. 1. cap. 4. Closhe, is an unlawful game forbidden by the the statute, anno 17 E. 4. cap. 3. which is casting of a bowl at nine pins of wood, or nine shank bones of an ox or horse. Clove is the 32 part of a weigh of cheese, i eight pound, anno 9 H. 6. cap. 8. Cloves (caryophilli) are a spice known by sight to every man. They are flowers of a tree called (caryophillus) 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, an. 1 Jacob. c. 19 CO Cocket (cockettum) is a seal appertaining to the King's Customhouse, Regist. orig. fol. 192 a. and also a scrow of parchment sealed and delivered by the officers of the Customhouse 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 supr. fol. 179 a. So is the word used, anno 5 & 6 Edw. 6. cap. 14. & an. 14 Edw. 3. stat. 1. c. 21. This word is also used for a distinction of bread in the statutes of bread and ale, made anno 51 H. 3. where you have mention of bread coket, wastelbread, bread of treat, and bread of Common wheat. Cofferer of the King's household, is a principal officer of his Majesty's Court next under the controller, that in the Countinghouse, 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 Majesty's servants of household, and payeth their wages. This officer is mentioned, an. 39 Eliz. cap. 7. Clogs, anno 23 H. 8. cap. 18. Conisor of a fine, is he that passeth or acknowledgeth a fine in Lands or Tenements to another: Cognisee is he to whom the fine is acknowledged, West, part 2. symbol. tit. Fines, sect. 2. Cognizance, cometh from the French (cognisance, id est, intelligentia, intellectus, notio cognitio) with us it is used diversely; sometime 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. tract. 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 Charters 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 acknowledgement of a Fine, deferreth to certify it into the Court of Common pleas, commanding him to certify it, Reg. orig. 68 b. Coin (cuneus vel cuna) seemeth to come from the French (coin, id est, 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. Cromtons' 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 goo● purposes: which see in Gerard's Herbal, l. 2. cap. 379. It is numbered among the drugs that be to be garbled. an. 1 Jacob. cap. 19 Collateral (collateralis) cometh of the Latin (Laterale) id est, that which hangeth by the side, Lateralia viatoria. π. de lega & fidelium tertio l. 102. seem to signify a budget or cap-case 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 Crompt. Jurisd. fol. 185. sayeth, that to be subject to the fee ding of the King's Deer is collateral to the spoil within the Forest. in the like manner may we say, That the liberty to pitch booths or stand 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 to the soil. Manwood part 1. of his Forest laws, p. 66. Collateral warranty, see Warranty. Collation of 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 Patron's right for the time. Extra de institutionibus, & De concessione praebendarum, etc. And yet is collation used for presentation, anno 25 Edw. 3. stat. 6. Collatione fact a 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. Regist. orig. fol. 31. b. Collatione heremitagii, is a writ whereby the king conferreth the keeping of an Ermitage upon a Clerk. Register orig. fol. 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 twò apt examples in the Author of the new Terms, verbo Colour: who also referreth you to the Doctor and Student, fol. 158. etc. See Brook, tit. Colour in Assize, trespass, etc. fol. 104. 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 Brook tit. Collusion. See also one Case of Collusion in the Register orig. fol. 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 re militari & duello, Alciat de Duello, Hottoman disputatio feudalium, cap. 42. and others. As also in our Common Lawyers of England. namely Glandvile, l. 14. cap. 1. Bracton, l. 3. tract. 2. cap. 3. Britton, cap. 22. Horns Myrrhor of Justices, l. 3. cap. des exceptions in fine proxime and c. Juramentum duelli. Dyer, 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, l. 2. de Aricaldo 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, & being charged by Clotharius the King of France his Ambassador, of whose blood she wa●that he had done her wrong: he answered, that he had done her no wrong. Whereupon Ansoaldus one of the Ambassador 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, Adulphus was vanquished by one Pitto, otherwise called Charles, set forth for the Queen's Champion, and she restored to her former place and honour. Coming seed, alias 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 Commitatu commisso, is a writ or a Commission, whereby the Sheriff is authorized to take upon him the sway of the County, Reg. orig. fol. 295. a. & b. and Coke Reports, l. 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 Sheriff, Reg. orig. fol. 295. a. commandry (praeceptoria) was by some men's opinion, a Manor or chief message, 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 Manor 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, commandry. By some other Books it appeareth, that the chief Prior of S. John's, was a commander of a Nunnery, and constituted the Prioress of the said Nunnery, who was under his obedience, and removable at his will, notwithstanding that she had covent & 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 satrorum militum, veluti ordinis hospitalis Sancti Johannis Hierosolymitani, beneficia quidem secundum quid ecclesiastica dicuntur à Barbatia ad Clement. causam col. 51. the Electione. Tamen non prop iè dicuntur ex genere communium beneficiorum, eo quòd personae conferentes, & quibus conferuntur, non sunt laicae vel ecclesiasticae, sed tertii ordinis. De his benefici●s 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, anno 26 H. 8. cap. 2. & anno 32 ejusd. cap. 24 And of these the said Gregorius Tolosanus, l. 15, sui syntagmatis, cap. 34. hath these words: Monuimus superiori capite, crescente numero peregrinorum, juxta templum Hierosolymitanum Xendochium edificatum, tit. Divi Johannis, quo exciperentur peregrini, quos coenobia caepere non possent. Hujus ergo ministerio quoque viri p●i nobiles se devoverunt, qui & peregrinos tutarentur, & â latronum seu Agarenorum incursu defen deer nt. Horum professio est votum solenne paupertatis, & abdicationis propriorum, castuatis, et obedientiae. Proinde propter primum votum nihil proprii habent, vel habere debent, sed accipiunt annonam, quàm diu vivunt, vel praeceptorias (quas vocant Commandries) administrant, quàm diu eas possident, et optione mutant, vel en magistri licentia permutant reddituri morientes quae apud eos reperientur: societati. Of these Corasius in his para phrase ad sacerd. nat. part. 1. ca 3. saith thus: Praeceptoriae Rhodienses, cum non nisi fratribus Hierosolymitanis, atque ita personis ecclesiasticis confer antur beneficiis ecclesiasticis annumer ari merit ò debent. Commandment (praeceptum) is used diversely in the Common law: sometime for the commandment of the King when upon his mere motion, and from his own mouth, he casteth any man into prison. Stawnf. pl. Coron. fol. 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 ● man committed upon an ordinary commandment is replevisable, Pl. cor. fol. 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. l. 3. tract. 2. ca 19 And this the Civilians call (mandatum) Angelus de maleficiis. Come (communiae) cometh from the French (cummun, 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 Come of pasture, (communia pasturae) Bract. lib. 4. ca 19 & 40. Come of fishing, communia pis●ariae. Idem l. 2. ca 34. Common of Turbary, i. of digging Turfs (communia turbariae) Idem lib. 4. cap. 41. Come of estovers (communia estoveriorum.) Kitchen, fo. 94. Come is divided into Come in gross, come appendent, come appertinent, and come per cause. de vicinage, i. by reason of neighbourhood. Come in gross is a liberty to have Come alone (that is) without any land or tenement, in another man's land, to himself for life, or to him and his heirs. And it is commonly passed by deed of grant or specialty, Old nat. brev. fol. 31. & 37. Come appendent and Come appertinent be in a manner confounded; as appeareth by Fitz. Nat. brev. fol. 180. and be defined ●● be a liberty of Common, appertaining to, or depending of such or such a . Only Kitchen, fol. 94, seemeth to make this difference, that he which hath Common appertinent, hath it without limitation of this or that kind of Beasts. But that is controlled by Dyer, fol. 70. b. num. 19 He that hath Come appendent hath it but for beasts commendable, as horses, oxen, kine and sheep, being accounted fittest for the Ploughman: and not of Goats, Geese, and Hogs. Whereunto the Author of the new Terms of Law addeth another difference, which is, That Come appertinent may be severed from the land whereunto it is appertinent, but not Come appendent. The original of Come appendent, Sir Edw. Coke, l. 4. fol. 37. thus expresserh: Come appendent by the ancient Law had beginning in this manner; when a Lord infeossed another in earable lands, to hold of him in Socage, (id est, per servitium socae) as all tenure in the beginning, according to Litleton, was: the Feoffee to maintain the service of his plough, had Come in the wastes of his Lord, for his necessary beasts to gain and compass his land: and that for two causes; one, for that as than it was taken, it was () employed in the feoffement, by reason the Feoffee could not gain or compass his land without , and could not be sustained without pasture, and so by consequent, the feoffee had, as a thing necessary and incident, Come in the wastes and land of the Lord. And this appeareth by ancient books, temp. Ed. 1. tit. Come 24. & 17. Ed. 2. tit. Come 23. & 20 Ed. 3. tit Admesurement, S. & 18 Ed. 3. and by the rehearsal of the statute of Merton, c. 4. The second reason was for maintenance and advancement of tillage, which is much regarded and favoured in the Law. Thus far Sir Edward. Come per cause de vicinage, is a liberty that the Tenants of one Lord in one town, have to Come with the Tenants of another Lord in another town: which kind of Come they that challenge, may not put their cattles into the Come of the other town, for than they be distreinable: but turning them into their own fields, if they stray into the neighbours Come they must be suffered. See the terms of Law. Come of pasture the Civilians call Jus compascendi, cum sc. plures ex municipibus qui diversa praedia possidebant, saltum communem, ut jus compascendi haberent mercc●rentur. l. panul. π. si servit. vendicetur. It is also called Jus compascuum. Ibid. Commendam (commenda) is a Benefice that being void, is commended to the charge and 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 Duraneus, de sacris ecclesiae ministeri●s & beneficiis, l. 5. ca 7. And whereas the gloss, in verbo commendare, in ca Nemo deinceps: de electione, in sexto, defineth, commendam esse ecclesiae custodiam alicui comissam: Johannes Andreas thereupon saith thus: huic definitioni necessario haec ad●icienda putem: in tempus gratiâ evidentis necessitatis & utilitasis. Idque docuit textus in dicto capice. Nem●. Corrasius in his paraphrase de sacerdo●iorum materia, parte 1. cap. 6. nu. 3. & seq. thus describeth the matter: In commendam conceditur benificium, cùm Romanus Pontifex, Legatus, aut Episcopus (Neque enim inferioribus, qui ex privilegio aut alio jure spirituali conferunt, concessum est ca cunt omnes basilicae, 16. quaest. 7. ecclesiae vacantis custodiam alicui committit, administratorem generalem ejus templi eum constituens, ca nemo, de electio. in sexto. Commendare nnim aliud est nihil, quàm deponere. l. publius. π. depositi. l. commendare. ●. de verb. signif. Hoc autem, ad tempus sex. mensium, et pro evidenti necessitate aut utilitate ecclesiae lex permittit, (d. ca Nemo.) Quare commendatarius qui ecclesiae vacantis & fructuum ad tempus duntaxat custodiam habet, nec tenere beneficium, jusve habere in beneficio, aut canonicum titulum censebitur; uti nec depositarius in re deposita: whereof also Petrus Gregorius de beneficiis, cap. 10. nu. 13, thus writeth: In hac quarta divisione, potest addi tertium genus beneficii, quod citra praescriptionem qualitatis à persona alterius qualitatis quàm beneficium exig at nature â possidetur, sed sine praejudicio naturae beneficii, et per dispensationem eo commendato olim ad tempus certum certae personae, hodie, ut plerunque quàm diu commendatarius vixerit. Vocant hoc beneficium commendatum commendam: ut si regulare beneficium à Summo Pontifice conferatur, nomine commendae seculari. Nam ideo non mutatur beneficii natura, nec fit ideo seculare, etc. And a little after, Interim annotabimus duplici de causa fieri commendam ecclesiae, nempe vel in utilitatem ecclesia, vel commendatarii. In primo commenda titulum non dat beneficii commendatario, & dicitur potius custodia qua revocari potest: quod repugnat naturae beficii, quod est perpetuum. In secundo autem casu beneficium censetur in utilitatem commendatarii commenda facta, quam possidere potest quàm diu vixerit, etc. whom you may also read, c. 2, l. 13. Commissary (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 too great molestation. This Commissary is of the Canonists termed commissarius, or officialis foraneus. Lyndwoods' provin. cap. 1. de accusatio, verbo, 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 Archdeacon's that have jurisdiction within their Archdeaconries, as in most places they there have, this commissary is but superfluous, and most commonly doth rather vex and disturb the Country for his lucre, than 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 super-onerating 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 Brook, 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 extended further than to matters of judgement: as the Commission of Purveyors or takers, anno 11 H. 4. cap. 28. But with this epitheton (High) it is most notoriously used for the honourable Commission Court, instituted and founded upon the Statute, 1 Eliz. cap. 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, than 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 Sheriff upon an order of the Chancery, or court of Statrechamber, 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 apprehended, 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 proceed 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. parte 2. symbol. titulo Fines. sect. 106. Commissioners, in Eyr, anno 3 Ed. 1. cap. 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. part. 2. symbol. titulo Chancery, sect. 144. This word seemeth to be something strangely used in Kitchen, fol. 160. where the widow of the Kings Tenent 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. cap. 11. So called, as M. Cambden saith in his Britannia. pag. 113. quia communia placita inter subditos ex jure nostro, quod commune 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 Eyr) consueverunt Justiciarii imponere villatis, juratoribus, hundredis, & toti comitatui concelamentum, & omnes separatim amerciare: quod videtur voluntarium, cùm de per jurio & concelau●ento non fuerint convicti, sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis conservatione, lib. 1. cap. 48. §. Quibus. And a little following, §. Et provisum, he hath these words: Et provisum ests, quòd communes misericordiae vel fines comitatuum amerciatorum in finibus ininerum Justiciariorum ante recessum ipsorum Justiciariorum per sacramenta militum, & aliorum proborum hominum de comitatu 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, parte 5. cap. 22. But M. Gwin in the Preface to his Readins 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, 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 latter 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 a 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 appeareth 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 Jurata 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, anno 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 an. 51 H. 3. concerning general days in the Bench. Common house of Parliament, is used for the nether house: because the Commons of the Realm, that is, the Knights of the Shires and Burgesses, possess that house, Crompton, jurisd. 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 an Hundred, anno 28 H. 8. cap. 3. It is written Commoi●hes, anno 4 H. 4. cap. 17. and is used for a gathering made upon the people (as it seemeth) of this or that Hundred, by Welsh Minstrels. Common law, (communis lex) hath three divers significations, which see in the Author of new terms of law. verb. Common law. Communi custodia, is a writ that lieth for that Lord, whose Tenant holding by Knight's service, dyeth, 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 this 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. fol. 89. See also the Register orig. fol. 161. a. Communi placito non tenendo in scaccario, is a a Writ directed to the Treasurer and Barons of the Exchequer, forbidding them to hold Ple● between two common persons in that Court, there of them belonging toward the said Court, Register orig. fol. 187. b. Companion of the Garter, is one of the Knights of that most noble and honourable order, anno 24 H. 8. cap. 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 it 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. fol. 58. It is founded upon the statute of West. 2. c. 2. an. 13 E. 1. which for your hetterunderstanding you may read. And it lieth also for executours of executours, anno 15 Ed. 3. statut. de provis. victual. cap. 5. Thirdly, against the guardian in Socage for waste made in the minority of the heir, Marbl. cap. 17. And see farther in what other cases it lieth, Register orig. fol. 135. Old nat. br. ubi supra. & Fitzh. nat. br. fol. 116. Concealers, be such as find out concealed lands, that is, such lands as are privily kept from the King by common persons, having nothing to show for them, anno 39 Eliz. cap. 22. They be so called, à concelando, as mons à 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, who and in what manner the land shall pass. For in the form thereof many things are to be considered, West. parte 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 Renig●r, & Fogassa. fol. 5. & 6. where it appeareth by some opinion, that the one bindeth not as being imperpect: the other absolute, and tieth the partie●: 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, fol. 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, cap. 107. Bract. l. 4. tract. 6. cap. 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, ib. 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 employed. 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, lib. 3. cap. 5. Conders, may seem to proceed from the French (Conduire, 1. deducere, gubernare) they be such is 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, than to those that be in the Ships. These be otherwise calleth 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. cap. 37. nu. 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 Chancelership 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. parte prim. symb. lib. 2. sect. 500 and Fitzh. nat. br. fol. 169. B. 226 H. 271 D. 163. G. and Littleton, 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, Pannier, Basket, or Freil: but Metonymically the Emperor's 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 elegendi) 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, Fitzh. nat. br. fol. 169. B. 170. B.C. etc. Touching this matter, M. Gwin in the Preface to his Readins saith, that the King of England, as sovereign Patron of all Arch-bishoprickes, Bishoprickes, and other Ecclesiastical Benefices, had of ancient time, free appointment of all Ecclesiastical Dignities, whensoever 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 (congé de'slire), that is, licence to proceed to Election, and then after the Election to crave his royal assent, etc. And farther 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 1. which statute was made, anno 3 Ed. pri. And again by the statute, (Articuli cleri) c. 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, Litseton. fol. 91. in meo. Conisance. See Cognizance. Contzour, 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. parte 1 symbol. l. 2. sect. 49. & part 2. titulo, Fines sect. 114. See Recognizour. Conjuration (conjuratio) is the very French word drawn from the Latin; which, as it is compounded of (con & juro) 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 know any secret, or to affect any purpose, anno 5 Elizab. cap. 16. And the difference that I have observed (how truly, let those judge that be better skilled in these matters) between conjuration and witchcraft, is because the one seemeth, by prayers and invocation of God's powerful names, to compel the devil, to say or do what he commandeth him: the other dealeth rather by 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 lieu of blood, or other gift offered unto him especially of his or her soul. And both these differ from enchantments or sorceries, because they are personal conferences with the Devil, as is said: but these are but medicines and ceremonial 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, & consanguinco, fol. 226. a. Conservator of the truee and safe conduits (conservator induciarum & salvorum regis conductuum) was an officer appointed in every port of the Sea, under the King's Letters Patents, and had forty pound for his yearly stipend, at the least. His charge was to inquire of all offences done against the King's truce and safe conducts, upon the main Sea, out of the Countries, and out of the Franchises of the Cinque ports of the King, as the Admirals of Custom were wont, and such other things as are declared, anno 2 H. 5. cap. 6. Touching this matter you may read another statute, anno 4 H. 5. cap. 7. Conservatour of the Peace (conservator velcustos 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 injurious 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 King 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 name custodes pacis; Wardens or Conservators of the Peace. The former and latter sort he again subdivideth. Which read in his Eirenarcha, lib. 1. cap. 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 twenty shillings for a Horse: or else employed, as when the law itself enforceth a consideration; as if a man come into a common Inn, and there staying sometime, taking 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. tract. Contracts. fol. 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 jur. 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. And as the house of the Parliament, so this consisteth of two distinct Houses: one called the higher Convocation-house, where the Archbishops and Bishops sit severally by themselves: the other, the lower Convocation-house, where all the rest of the Clergy are bestowed. See Prolecutor. Conusance. See Cognisance. Conusour. See Cognizour. Consolidation (consolidatio) is used for the combining, and uniting of two Benefices in one. Broke 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 usum fructum fundi, and afterwards buy the property or fee-simple (as we call it) of the heir, hoc casu consolidatio fieri dicitur. §. 3. De usu fructu 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 always taken in the evil part. It is defined, anno 34 Ed. pri. stat. 2. to be an agreement of such as do confeder and bind themselves by oath, covenant, or other alliance, that every of them shall bear and aid the other, falsely and maliciously to indite, or falsely to move or maintain Pleas, and also such as cause children within age, to appeal men of Felony, whereby they are imprisoned, and fore grieved: and such as retain men in the Countries with liveries or fees, to maintain their malicious enterprises. And this extendeth as well to the takets, 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. cap. 13. and of this see more, anno 1 H. 5. cap. 3. & an. 18 H. 6. cap. 12. as also in the new book of Entries, ver. Conspiraey. Conspiracy, in the places before mentioned, is taken more generally, & 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 Conspiracy, 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 empaneld upon Juries or Assizes or such like éploiments, for the testifying of truth. And if he have to do in the King's Court, that he make his Attorney: and that his lands, goods, and chattels 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, fol. 156. b. This is called villainous judgement or punishment. See Villainous judgement. But if the party grieved sue upon the Writ of conspiracy, then see Fitzh. nat. br. fol. 114. D. 115. I. Conspiracy may be also in cases of less weight, Idem fol. 116. A. etc. See Frank Law. Conspiration, is a Writ that lieth against conspirators, Fitz. nat. br. fol. 114. d. Cromptons' Jurisd. fol. 209. See also the Register fol. 134. Constable (constabularius, vel Conestabulis) is a Saxon word, compounded of (cunning or cyng) and (staple) which do signiffe the stay and hold of the King. Lamb. duties of Constables, num. 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. c. de conistabili, hath the same etymology, giving the reason thereof, (quia praeest stabulo, i. equili regis) 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 older time (constafolarius) that the Romans were wont to term (assessorem judicii.) And (as Spiegelius in his Lexicon noreth, derive the word) à 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 (stafelstein) 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 diversely used in our Common law: first for the Constable of England, who is also called Marshal. Stawn●● pl. cor. fol. 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. cap. 2. statut. 1. Smith de Repub. Anglo. lib. 2. cap. 25. Of this Officer or Magistrate, M. Gwin in the Preface to his Reading saith to this effect: The Court of the Constable and Marshal determineth contracts touching deeds of arms tout of the Realm, and handleth things concerning wars within the Realm, as Combats, blasons of armoury, 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 c. 32. This office was belonging heretofore to the Lords of certain manors, jure feudi: & why it is discontinued, see Dyer f. 258. nu. 39 Out of this high magistracy (saith M. Lamberd) were drawn these lower Constables which we cal●ōstables of Hundreds, and 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 offences, 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, lib. 2. cap. 22. Beside these there be officers of particular places called by this name; as Constable of the Tower, Stawnf. pl. cor. fol. 152. & anno 1 H. 4. cap. 13. Stow's annals pa. 812. jurisdict. fol. 132. Constable of the Exchequer, anno 51 H. 3. statute 5. Constable of Dover Castle, Camdeni Britan. pag. 239. Fitzh. nat. br. fol. 240. otherwise called castellane, West. i cap. 7. anno 3 Ed. 1. But these be castellanis properly, as Master Lamberd noteth, though conjoined in name with the others. See the Statute anno 32 H. 8. cap. 38. M. Manwood parte prima, c. 13. of his Forest laws maketh mention of a Constable of the Forest. Consuetudinibus & servitiis, is a Writ of right close, which lieth against the Tenant, that deforceth his Lord of the rent or service due unto him. Of this see more at large the Old. nat. br. fol. 77. Fitzh. eodem, fol. 151. and the Register orig. fol. 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; then 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. fol. 44, 45. etc. usque fol. 58. Old nat. br. fol. 32. & Fitz. eodem fol. 50. Contenement, (contenementum) seemeth to be the freehold Land, which lieth to a man's Tenement or dwelling house, that is in his own occupation. For in Magna charta, chap. 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 freehold. And a Merchant likewise shall be amerced saving to him his merchandise: and any other villain than owers, shall be amerced saving his waynage, if he take him to our mercy. And Bracton. lib. 3. tractat. 2. cap. 1. num. 3. hath these words: & sciendum, quòd miles & liber homo non amerciabitur, nisi secundùm modum delicti, secundùm quod delictum fuit magnum velparvum, & salvo contenemento suo: mercator verò non nisi salva merchandiz: sua, & villanus nisi salvo 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 judica. & 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 judiciario: 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. Fitz. 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 sued 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 th● 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 behooveth me to hold on my right of entry to the best opportunity of me and minetheir, by approaching as near it 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 demeasne of the King, being in the hands of the King, I cannot maintain the writ de nativo habendo, as long as he contuinueth 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, parte prim. symbol. l. 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 throughly examine the difference between this & (pactum,) and such otherwords something like in signification, let himsearch the Civilians, and he shall find workboth pleasant and profitable, and well fitting the Common law also. Contra formam collation is, is a Writ that lieth against an Abbot, or his successor (for him, or his heir) that hath given land toan 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 and Church. This is founded upon the statute of West. 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 Tenent or alienee. Contra formam feoffamenti, is a Writ that lieth for the heir of a Tenent enfeoffed of certain Lands or Tenements, by charter of Feoffment of a Lord, to make certain services and suits to his Court, and is afterward distreined for more, than is contained in the said charter, Register orig. fol. 176. Old nat. br. fol. 162. and the Terms of the Law. Contributione facienda is a Writ that lieth in case where more are bound to one thing, and one is put to the whole burden, Fitz. nat. br. fol. 162. bringeth these examples. If Tenants in common or joint, hold a Mill (pro indiviso) and equally take the profits thereof, the Mill falling to decay, and 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 three Coparceners of Land, that own suit to the Lords Court, and 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, and 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 Register orig. fol. 176. Controller (contrarotulator) cometh of the French (contrerouleur, i antigraphus, graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which in Rome was used for him, cui ia muneris iujunctum erat, ut observares pecúniam, quam in usum Principis vel civitatis collegerunt exactores. Budaeus in annota. prio. in pand. tit. 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' Jurisd. 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 laid Clerks office, and opening the bags, to note the just number, and especial effect 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 Sheriffs, to levy the ferms 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, utz, the two Chamberlains Clerks, that do, or should keep a controlment of the Pell of receipts and go 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 Prince's better security, howsoever the name since may be in somethings otherwise applied. To the proof whereof you may take these few words out of Fleta, lib. 1. cap. 18. in prim. Qui cùm 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, quàm aliis officium illudtangentibus, 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. cap. 3. And this signification it seemeth to have also in France. For there the King hath his Receivers of Tails in every Province, & Controllers, qui ad majorem fidem susceptoribus accedunt, describu●tque in tabulis quae colliguntur. Gregorii syntag. lib. 3. cap. 6. num. 6. Conventione, is a Writ, that lieth for the breach of any covenant in writing, Register orig. fol. 185. Old nat. br. fol. 101. Fitzh. calleth a Writ of Covenant, nat. br. fol. 145. who divideth covenants into personal and real, making a sufficient discourse of them both: as also how this Wtit lieth for both. Convict, (convictus) is he that is found guilty of an offence by the verdict of the Jury, Stawnf. pl. cor. fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith, that conviction is, either when a man is outlawed, o● appeareth and confesseth, or else is found guilty by the Inquest, Crompt Just. of Peace, fol. 9 a. Conviction and attainder are often confounded, lib. 4. fol. 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 b● 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. lib. 2. cap. 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 oport●bit, 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. cap. 22. Copy, (copia) cometh from the French (copia, i. le double de quelque escripture, latinè descriptio, graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉,) 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, Reg. orig. fol. 51. Copie-hold (tenura per copiam rotuli curiae) is a tenure, for the which the Tenent 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 Lord's Court: so he doth also of such Tenants, as be admitted in the Court, to any parcel of Land or Tenement belonging to the Manor: and the transcript of this, is called the Court-roll: the copy whereof the Tenent taketh from him, and keepeth as his only Evidence, Coke, lib. 4. fol. 25. b. This Tenure is called a Base-tenure, because it holdeth at the will of the lord Kitchen, fol. 80. cap. Copy-holds. Fitzh. nat. br. fol. 12. B. C. who there saith, that it was wont to be called Tenure in villainage, and that this Copie-hold is but a new name. Yet it is not simply at the will of the Lord, but according to the custom of the Manor. So that if a Cople-holder break not the custom of the Manor, 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 Manor be infinite, varying in one point or other, almost in every several Manor. First, some Copyhold is fineable, and some certain that which is fineable the Lord rateth at what fine or income he pleaseth, when the Tenent is admitted unto it: that which is certain, is a kind of inheritance, and called in many places customary: because the Tenent dying, and the hold being void, the next of the blood paying the customary fine, as two shillings for an Acre or such like, may not be denied his admission. Secondly, some Copy-holders' have by custom, the wood growing upon their own land, which by Law they could not have. Kitchen ubi supra. Thirdly, Copy-holders' some be such as hold by the verge in ancient Demesn: and although they hold by Copy, yet are they in account a kind of Freeholder. 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 Copyhold: and they committing Felony, their land escheateth to the Lord of the Manor 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. symb. l. 2. Sect. 646. defineth a Copyholder thus: Tenent by copy of Court-roll, is he which is admitted Tenent of any lands, or tenements within a Manor, that time out of memory of man, by use and custom of the said Manor, have been demisable, and demised 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 Manor, by copy of Court-roll of the same Manor, where you may read more of these things. Coraage (coraagium) is a kind of imposition extraordinary, and 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. cap. 116. nu. 6. who in the same Chapter, num. 8. hath of this matter these words: Sunt etiam quaedam communes praestationes, quae servitia non dicuntur, nec de consuetisdine veniunt, nisi cum necessitas intervenerit, vel cùm rex venerit: sicut sunt hidagia, coraagia, & carvagia, & alia plura de necessitate, & ex consensu communi totius regni introducta, & quae ad dominum feudi non pertinent, & de quibus nullus tenetur tenentem suum acquietare, nisi se ad hoc specialiter obligaverit in charta sua, etc. Cordiner, cometh of the French (Cordovannier, i suitor calcearius) a Shoemaker, and is so used in divers Statutes, as anno 3 H. 8. cap. 10. & anno 5 ejusdem cap. 7. and others. Cornage (cornagium) cometh of the French (cour, i. cornu) and in our Common law, signifieth a kind of grand seargancy, 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. Cambden Britan. pag. 609. hence cometh the word (cornuare) to blow a horn. pupil. oculi, parte 5. cap. 22. in charta de Foresta. This service seemeth to have proceeded from the Romans. For I find (cornicularios) mentioned in the Civil law, viz. lib. 1. Cod. de officio diverso. Jud. 48. lege 3. & lib. 12. tit. de apparitoribus praefectorum praetorio, 53. lege 1. & 3. where Lucas de Penna defineth them (eos qui cornu faciunt excubias militares.) And Brissonius lib. 3. de verbo significat. faith thus of them: (high militum quoddam genus fuere, quicorniculo merebant, unde nomen habent.) Where it appeareth by him out of Suetonius, Pliny, and Livy, that the horn was an honour and reward given for service in war. Corner-tile. See Gutter-tile. Corody (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 pensior, as he thinketh good to bestow it on. And the difference between a corrodie and a pension seemeth to be, that a Corrody is allowed toward the main enauce of any the King's 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. fol. 230, 231, 233. who there setteth down all the Corrodies and pensions certain, that any Abbey, when they stood, was bound to perform unto the King. There is mention also of a Corrody in Stawn. prerogative 44. And this seemeth to be an ancient law. For in Westm. 2. cap. 25. it is ordained, that an Assize shall lie for a Corrody. It is also apparent by the Statute, anno 34. & 35 H. 8. c. 16. that Corrodies belonged some time to Bishops from Monasteries: and by the new Terms of law, that a Corrody 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 Corrodies in itself. By which book it appeareth also, that a Corrody is either certain or uncertain, and that it may be for life, years, in Tail, or in Fee. Corodio habendo, it is a Writ, whereby to exact a Corrody of any Abbey or Religious house. See Corodie, see the Regist. orig. fol. 264. Coronatore eligendo, is a Writ which after the death or discharge of any Coroner, is directed to the Shyreeve out of the Chancery, to call together the Freeholders' of the County, for the choice of a new Coroner, to certify into the Chancery, both the election, and the name of the party elected and to give him his oath. See Westm. 1. cap. 10. and Fitzh. nat. br. fol. 163. and the Register orig. fol. 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. Jurisd. fol. 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. cap. 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, fol. 177. b. whereby it appeareth, that it was sufficient cause to remove a Coroner chosen, if he were not a Knight, and had not a hundred shillings rend of . 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 assissarum fol. 49.5. coron. Coke, lib. 4. casu de Wardens: etc. of the Saddlers, fol. 57 b. His office especially concerneth the Pleas of the Crown: But if you will read at large, what anciently belonged unto him, read Bract. lib. 3. tract. 2. cap. 5. de officio coronatorum circa homicidium: and cap. 6. de of sicio coronatoris in thesauris inventis: and cap. 6. de officio coronatorum in raptu virginum: and cap. 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 A●drew Horns mirror of Justices, lib. 1. cap. del. office deal coroners. But more aptly for the present times, Stawnf. pl. cor. lib. 1. cap. 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 Crompton in his Jurisd. fol. 102. calleth the Coroner of the King's house: of whose authority see S. Edw. Coke reports, lib. 4. fol. 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. fol. 76. A. B. Sir Thomas Smith, lib. 2. cap. 21. de repub. Anglo. and Lamb. Eirenarcha, lib. 4. cap. 3. pag. 380. And the office of the Coroner in Scot land, what it is, read M. John Skene de verbo signif. verbo Iter. Corporation (Corporatio) is that which the Civil law calleth Vniversitatem, 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 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 issuing out of the Chancery, to remove both the body and the record touching the cause of any man lying in execution, u●on a judgement for debt, into the King's Bench, etc. there to lie until he have satisfied the judgement, Fitzh. nat. br. fol. 251. E. Corrector of the staple, is an officer, or Clerk belonging to the Staple, that writeth and recordeth the bargains of Merchants there made, anno 27 Ed. 3. stat. 2. cap. 22, & 23. The Romans called them Me●sarios. Corruption of blood, is an infection growing to the state of a man attainted of Felony, or Treason, and to his issue. For as he loseth all to the Prince, or other Lord of the Fee, 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, signifiing a mortuary, anno 21 H. 8. c. 6. The true French is (corpse praesenté) 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 Gunners 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. Cozenage, (cognatione) is a Writ, that lieth where the Tresail (that is, Tritavus, the father of the Befail, or of the great Grandfather is seized in his Demesn, as of Fee, at the day of his death, of certain lands or tenements, and dyeth: and then a Stranger entereth and abateth. For than shall his Heir have this Writ of Cozenage: the form whereof see in Fitzh. 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 especial name West. parte 2. Symbolaeogr. titulo, Indictments. sect. 68 It is called Stellionatus in the Civil law, of (Stellio) the beast, which is lacertae genus versutissimum, as Cujacius in his paratitles calleth it, and, quo nullum an mal homini invidet fraudulentius, Pliny, lib. 3. cap. 10. Cottage, (cotagium) is a house without land belonging unto it, anno 4. Ed. pri. statut. prima. 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 Eliz. cap. 7. Coat, is a kind of refuse wool clung or clotted together, that it cannot be pulled asunder, anno 13. R. 2. stat. 1. cap. 9 It lignineth also as much as Cottage, in many places, as also it did among the Saxons, Verstegan in his Restitut. of decayed intelligence in entiquities. Covenable, (rationabilis) is a French word, signifying, fit or convenient, or suitable, convenably endowed, anno 4. H. 8. ca 12. it is anciently written (convenable) as in the statute, an. 27. Ed. 3. stat. 2. cap. 17. Covenant, conventio, is the consent of two, or more in one self thing, to do, or give somewhat, West. parte 2. symbol. lib. 1. sect. 4. It seemeth to be as much as (pactum conventum) with the Civilians, which you read oftentimes in Tully. Pactum conventum, quod et vulgo vesticum vocant, opponitur nudo pacto, virtue ab omni juris solennitate destatuto. Hujus exempla ponere difficile esse Jason existimavit. Conventum aiunt, quod vestitur, autre, aut verbis, aut literis, aut contractus cohaerentiâ, aut rei interventu. Oldendorpius. And covenant in this signification, is either a covenant in law, or a covenant in fact, Coke, li. 4. Nokes case, fol. 80. or covenant express, and covenant in law, idem, li. 6. fo. 17. a. Covenant in law is that, which the law intendeth to be made, though in words it be not expressed: as if the lessour do demise and grant, etc. to the Leassee for a certain term, the Law intendeth a covenant of the Leassers part, that the Leassee 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, Fitzh. 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 in- feoff him, etc. Covenant is also the name of a writ: for the which see Conventione. Instruments of covenant, you may see good store in West. parte 1. Symbolaeog. lib. 2. sectio 100 See also the new book of Entries, verbo, Covenant. Covent, (conventus) signifieth the sooiety or fraternity of an abbey or priory, as (societas) signifieth the number of fellows in a College. Bracton, lib. 2. cap. 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 (couvar, 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 (potestute viri) and therefore disabled to contract with any, to the prejudice of herself of 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 sure uxorit, sunt ipsius viri, nec habet uxer potestatem sui, sed vir. L●. 2. cap. 15. and that (vir est caput mutieris li. 4. cap. 24. and again, that in any law-matter, sine viro respondere non potest, li. 5. tract. 2. cap. 3. and tract. 5. cap. 23. ejusdem libri, he hath words to this effect, Virro & uxor sum quasi unica persona: quia caro una & sanguis unus. Res licet sit propria uxoris, vir tamen ejus custos, cùm sit caput mulieris, and lib. 1. cap. 10. nu. 2. Uxores sunt sub virg a 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 from the French verb (convenancer, i. depascisci,) or rather (convenir, i. convenire.) Coucher, signifieth a Factor that continueth in some place or Country for trasique. anno 37. Ed. 3. cap. 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 (emote, i. warratio.) It signifieth as much as the original de claration in a process, though more used in real actions than personal, as declaration is rather applied to personal than real. Fitz. nat. br. fol. 16. A. 60. D. Pl. 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, fol. 281. count or declaration in appeal, pl. cor. fol. 78. Count in trespass, Britton, ca 26. Count in an action of Trespass upon the case for a slander, Kuchin, fol. 252. This word seemeth to come from France and Normandy. For in the grand Custumary ca 64. I find (Contours) to be those, which a man setteth to speak for him in court, as advocates: and cap. 63. (Pledurs) to be another sort of spokesmen, 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. Camntours (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 nat. br. fo. 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: Sheriffs shall charge the King's debtors with as much as they may levy with their oaths, without abating the Debtors countenance. Counter, (computatorium) seemeth to come of the Latin (computare) or the French (counter.) For we use it for the name of a prison. whereinto, he that once slippeth, is like to acconut ere he get out. Counter-plee is compounded of two French words (contre, i. contra, adversus) and (pleader, i. causam agere.) it signifieth properly in our Common law, a replication to (aid prior.) For when the Tenent by cour esie, or in dower, prayeth in aid of the King, or him in the teversion, 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 should not be admitted, is called a counter-plee. See Broke tit. And in this signification it is used, anno 25. Ed. 3. stat. 3. cap. 7. See also the new Terms of 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 Sheriff, which among other duties belonging to his office, putteth in execution all the Commandments and 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 Counties Palatines, as the County Palatine of Laucaster, of Chester, of Durham, & of Ely, a. 5. Eliz. 1. ca 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 and sped in the King's name, and cannot pass in the name of any other, the chief governor's 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. ca 25. this power is much abridged, unto the which I refer the reader; as also to Crom. Juris. fol. 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, a. 32. H. 8. cap. 13. the City of Chester a third, a. 42. Eliz. cap. 15. Canterbury a fourth, Lamb. Eire. lib. 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 Haverford 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 Sheriff keepeth every month within his charge, either by himself or his Deputy, anno 2. Ed. 6. ca 25. Crompt. Juris. f. 221. Bract. li. 3. c. 7. & l. 3. tract. 2. cap. 12. Of these Counties or Shires one with another, there are reckoned in England 37. beside twelve in Wales. 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, & divided into two sorts: one retaining the geneeal name, as the County-court held every month by the Shiereve, or his Deputy the under Sheriff, whereof you may read in Crompt. jurisd. f. 231. the other called the Turn, held twice every year, which see more at large in his place: and Cromptons' Jurisd. 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 Pleta lib 2. cap. 62. But 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 appeareth by Tully in his Offices (nihil est quod dignum nobis, aut in foro aut in curta agere possumus) which in his oration (pro Milone) he calleth Templum sanctitatis, amplitudinis mentis, consilii publici, caput urbis, etc. Court with us, signifieth diversely: 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 Repnb. Anglor. lib. 3. cap. 6. 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 Archbishops and Bishops, as from the Pope of Rome: because he challenged the superiority in all causes spiritual: but since his ejection, they hold them by the King's authority (virtute 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 King's Courts do. And therefore as the appeal from these Courts did lie to Rome: now by the statute anno 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 manor (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 Leet. Sir 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 manor in a Town, and do grant the inheritance of the Copy-holders' 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 suitors, that is, the Freeholders', be Judges: whereas of the other the Lord or his Steward is Judge. Court of Pypowders. See Pie-powders. 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 Readins, had beginning from Commission first granted by Henry the eighth 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 page 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. pri. usque ad pag. 46. causes of divers natures, which in the said King's 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 honoutable 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 Counsel sat, the suitors 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 Term time. It is a Court of Record, wherein Recognizances 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 Maritine, 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. Fifthly, by Sergeant at Arms. The effect of the Defendants appearance is, that he attend De die in diem on the Council, till he have mad his answer to the Plaintiffs Bill, and be licenced to departed upon caution De judicio sisti & judicato 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 suing 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 Inheritrice, 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. lib. 7. cap. 18. Bracton. lib. 5. tractat. 5. cap. 30. num. 7, 8, 9 r itto n. cap. 51. fol. 132. Fleta, lib. 6. cap. 56. § lex quaedam. Fitz. nat. br. fol. 149. D. Littleton, lib. 1. cap. It is called the law of England. West. 3. cap. 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 cherisheth, or hideth him. In which case he was in ancient times subject to the same punishment, that the outlaw himself was, Bracton. lib. 3. tract. 2. cap. 13. num. 2. It is compounded of (couth) i known, acquainted, familiar, and (utlaughe) an outlaw, as we now call him. Coutilage, aliâs curtilage (Curtilagium, alias curtilegium) signifieth a garden, a yard, or a field, or piece of void ground lying near and belonging to a mesuage, West. parte 2. Symbolaeo. titulo Fines. sect. 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. & anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth. Curtilegium vulgare nomen est, non ommum patriarum, sed certarum. Est enim curtis mansio vel manerium ad habitandum cum terris possession●bus, & aliis emo●umentis adtale manerium pertinentibus, prout satis colligitur in libro feudorum, titulo, De controversia investiturae, §. si quis de manso. Col. 10. Unde curtilegium dicitur locus adjunctus tali curti, ubi leguntur herbae vel olera ●●●c dictus à (curtis) & (lego legis) pro colligere. Thus fare Linwood titulo de decimis. ca Sancta. § omnibus, verbo Curtelegiorum. So that in effect, it is a Yard or a Garden adjoining to a House. CR 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. fol. 67. Cranage, (cranagium) is a liberty to use a 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, fol. 3. col. 3. Creek, (creca, crecca, vel crecum) seemeth to be a part of a Haven, where any thing is landed or disburthned 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, fol. 110. a. This word is mentioned in the statute, as anno 5 Eliz. c. 5. and divers others. Creast-tile. See Roof-tile. Croft, (croftum) is a little close or pitle joined 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 handicraft: 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, cap. 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, lib. 5. parte 2. cap. 2. & part. 5. cap. 29. and the Grand Custumary of Normandy, cap. 45. Under this word are also signified, the Knights of the order of Saint John of Jerusalem, created for the defence of Pilgrims, Gregor. Syntagm. lib. 15. cap. 13. & 14. CUM Cuckingool, (tumbrella) is an engine invented for the punishment of Scolds and unquiet women, called in ancient time a tumbril, Lamb. Eirenarcha, lib. 1. cap. 12. po. 62. in meo. Bracton writeth this word (Tymborella.) Kitchen, where he saith, that every one having view of Frankpledge, aught to have a Pillory and a Tumbril, seemeth by a Tumbril, to mean the same thing, cap. Charge in Court leet. 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 Couthutlaughe. 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. orig. 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. Fitzh. nat. br. fol. 193. See the new Book of Entries, verbo, Cui in vita. Cuntey cuntey, is a kind of trial, as appeareth by Bracton in these words: Negotium in hoc casu terminabitur per cuntey cuntey, sicut inter coharedes, Bracton lib. 4. tract. 3. cap. 18. And again, in the same place: In b evi 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 omninò: 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 Bedtime, 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 advisare 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, Regist. orig. fol 155. Fitzh. nat. br. fol. 127. See also the new Book of Entries, verbo, Curia claudenda. Cursiter (clericus de cursu, vel cursista curiae cancellariae) is an Officer or Clerk, belonging o the Chancery, that maketh out original Writs, anno 14, & 15 H. 8. cap. 8. They be called Clerks of Course, in the oath of the Clerks of the Chancery, appointed anno 18 Ed. 3. stut. 5. cap. unico. There be of these, 24 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 Coronation, Matthaeus parisians. in Henrico tertio. And I have heard say, that the point thereof is broken: which may argue an emblem of Mercy. Curtilage. See Curtelage. Custode admittendo, & Custode amovendo, are Writs for the admitting or removing of Guardians, Reg. orig. in indice. Custom (consuetudo) 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 (saith Bracton) in partibus ubi fuerit more utentium approbata. Longaevi enim temporis usus & consuetudinis non est vilis authoritas, lib. 1. cap. 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 Ancestors, hath been, and is daily practised: our Ancestors, that is (majores,) and those of our kindred that are Ultra tritavum, lib. 4. §. parentem, π. de in jus vocando, lib. ult. §. parents, π. de gradibus & affini, & nominibus eorum. So that allowing the father to be so much older 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 prove, it is enough for the proof of a Custom by witness in the Common law, (as I have credibly heard) if 2 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 thorough England: whereof you shall read divers in the Doctor and Student, lib. pri. c. 7. very worthy to be known. Particular is that, which belongeth to this or that County, as Gravelkind to Kent, or to this or that Lordship, City, or Town. Custom differeth from Prescription, for that cu●ome i● common to more, and Prescription (in some men's opinion) is particular to this or to that man. Again Prescription may be for a fare shorter time than a Custom, viz. for five years, 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 and 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 Tenent in possession prescribeth an immunity against the entry of the Demandant & his Heir, Fitz. nat. br. fol. 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 Usucapio, & longi tempo. prescript. So that Brissonius in his 14 de verbo signif. 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. cap. 4. which enacteth, that in all action 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. cap. 3. which in some cases maketh one years' prescription sufficient against informations. Custom is also used for the tribute or tolle, that Merchants pay to the King for cartying in and out Merchandise, anno 14 Ed. 3. stat. 1. cap. 21. in which signification it is Latined (Custuma) Register orig. fol. 138. a. r 29. a. And lastly, for such services, as Tenants of a Manor own unto their Lord: New book of Entries, verbo Custom. Customary tenants, (tenentes per consuetudinem) are such Tenants, as hold by the Custom of the Manor, as their special evidence. See Copie-holds. 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 (Nisi prius) 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 Pronotaries 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 breviam 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 Chirographer: whereof the Chirograper 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 do because the Proclamations to be endorsed, when they be all proclaimed. This Office is in the Prince's gift. Custos placitorum coronae: Bracton, l. 2. cap. 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 & acia) Regist. orig. fol. 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. lib. 4. ca 3. pag. 373. He is always 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 than a Judge: because the Commission of the Peace layeth, by express words, this especial charge upon him, quòd addies & loca praedicta, brevia, praecepta, praecessus, & indictamenta prodictacoram te & dictis sociis tuis venire facias. Idem, eodem. where read a competent tract of other things belonging to this Office. Custos of the spiritualities (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 Dean and Chapter. ca ad abolendan Extra. Ne sede vacante aliquid innovetur. But with us in England to the Archbishop of the Province by Prescription. Howbeit, divers Deans and Chapters (if M. Gwin say truly in the Preface to his Readins,) do challenge this by ancient Charters from the Kings of this Land. Cutter of the tails, is an Officer in the Exchequer, that provideth Wood for the Tails, 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 conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant. Dane-gilt, Dane-gold, or Dane-gelt (Dane-geldum is compounded of (Dane and gelt, i. pecunia) and was a Tribute laid upon our Ancestors of twelve 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 Seas of Pirates, which greatly annoyed our Land in those days. Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd, cap. 11. Stow in his annals, pag. 118. saith, that this tribute came to 40000. pounds by the year, and that it was released by Ed. 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 Daue, 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 fol. 344. a. Dareyn continuance. See Continuance. Darein is a corrupt word of the French (dernier, i. ultimus.) Darrein presentment (ultimae prasentatio.) 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, lib. 3. cap. 131. They be numbered among Spices and Drugs to be garbled, 1 Jacob. 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. cap. 1. & 2. Marlb. cap. 12. anno 52 H. 3. and the Statute de anno bissextili, anno 21 H. 3. and lastly, anno 32 H. 8. cap. 21. To be dismissed without day, is to be finally discharged the Court, Kitchen fol. 193. He had a day by the Roll, Kitchen fol. 197. that is, he had a day of appearance assigned him. Day, Year, and waste. See Die, and Year. DE 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 Mori gage. Dean, (decanus) is an Ecclesiastical Magistrate, so called of the Greek (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least. Howbeit in England we use to call him a Dean, 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, he Chapter. But this word how diversely it is used read Lindwood, titulo de judic. ca pri. verbo Decani rurales, where Dean 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 and displaced by them. As there be two foundations of Cathedral Churches in England, the old, and the new (the new be those which Henry the eighth upon suppression of Abbeys transformed from Abbot or Prior and Covent to Dean 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 (ending out his Congé 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 Dean of the King's Chapel, the Dean of the Arches, the Dean of Saint George his Chapel in Windfor, the Dean of Bocking 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. fol. 98. This Writ (de secta molindini) being in the (debet) and (solet) is a Writ of right, etc. and again, fol. 69. A Writ of (Quod permittat) may be pleaded in the County before the Sheriff, and it may be in the (debet) and in the (solet) or the (debet) without 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 be omitted. And according to the diversity of the case, both (debet) and (solet) are used, or (debet) alone: that is, if a man sue to recover any right by a Writ, whereof his Ancester was disseised by the Tenant or his Ancestor, than he useth only the word (debet) in his Writ, because (solet) is not fit by reason his Ancestor was disseised, and the custom discontinued: but if he sue for any thing, that is now first of all denied him, than he useth both these words (debet & solet) because his Ancestors before him, and he himself usually enjoyed the thing sued 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 Regist. orig. in the Writ de debito, fol. 140. a. Debito, is a Writ which lieth, where a man oweth to another a certain sum of money upon an Obligation or other bargain, for any thing sold unto him. Fitzh. nat. br. fol. 119. This Writ is made sometime in the Detinet, and not in the Debet, which properly falleth out, where a manoweth an Annuity ●or a certain quantity of wheat, barley, or such like, which he refuseth to pay, Old nat. br. fol. 75. See Debet & Solet. Denelage (Denelagia) is the law that the Danes made here in England, out of which, and Merchenlage, and West-Saxonlage, the Conqueror compounded certain ordinances for his subjects, Camdeni Britan. pag. 94. & pag. 183. Decens tales. See Tales. Decies tantum, is a Writ that lieth against 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 Enquest, anno 38 Ed. 3. cap. 13. Reg. orig. fol. 188. Fitzh. nat. br. fol. 171. New book of Entries, verbo Decies tantum. Deceit (deceptio, fraus, dolus) is a subtle wily shift or devise, 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. parte 2. symbol. titulo Indictments, sect. 68 See Cozening. Decanniers. 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. Fitzh. nat. br. fol. 95. This Writ is either original or judicial, as appeareth by the Old not, br. fol. 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 Sheriff, that he warn a man to be before the Justices at a certain day, and the Sheriff return the Writ served: whereas the said man was not warned, by which the party that sueth the (scire facias) recovereth, than the party which ought to have been warned, shall have the said Writ against the Sheriff. 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. fol. 112. and the Reg. Judicial in the table, verbo Deceptione. Decintis solvendis pro possessionibus alienigenarune, 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, Regist. orig. fol. 179. Deciners, aliâs, desiners, aliâs, doziners, (decenarii) cometh of the French (dizeine, i decan ten in number or old 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 Fribargs, for the maintenance of the King's peace. And the limits or compal●e 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. 98. b. These seemed to have large authority in the Saxons time, taking 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. Lamberd, 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 (endozeint & 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 persous, Clerks, Knights, and their eldest Sons, and Women. Yet the same Author in his 29 Chapter, something toward the end, doth say, that all of twelve years old, and upward, are punishable for not coming to the turn of the Sheriff, 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 Felon is taken for Felony, and delivered to the Sheriff 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 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 fare, as every Leet extendeth: because in L●ets 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 Leet where they are sworn Fitzh. 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 secretam, & vocatis ad so quatuor vel sex, vel pluribus de ma oribus de comitatu, qui dicuntur Busones Comitatus & ad quorum nutum dependent vota aliorum, & sic inter se tractatum habeant Justiciarii adinvicem, & ostendant qualiter à Don●ino Rege & erus concilio provisum sit, quàd omnes tam milite, quàm alii qui sunt quindecim ann●rum & ampliùs, jurare debent quòd utlagatos, murditores, robbatores, & burglatores non recepta●●nt, nec eye consentient, nec corum receptatoribus, &. si quos tales noverint, illos attachiari facient, & hoc Vicecomiti & balivis suis monstrabunt● & si hutesium vel clameum de talibus audiverint, statim and to clamore, sequantur cum familia & hominibus de terra sua. Here Bracton setreth down fifteen 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 that is sworn to the King's peace: and lastly, that now there are no other Dozen but Leets, 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 Frank pledge. Declaration (declaratio) is properly the showing forth, or laying out of an action personal in any sure, howbeit, it is used sometime, and indifferently for both personal and real actions. For example, anno. 36. E. 3. cap. 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, and 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 Chancery, to make an Attorney for the following of a suit in the County, Hundred, Wapentake, etc. Old nat. br. fol. 20. To levy a Fine, West. parte 2. symbol. titulo Fines, sect. 112. and divers others 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-writings, 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 1. Symbol. 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 indented, 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 interchangeably, or severally, set their 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 in three points: writing, sealing, and delivery. Dear Hayse, anno 19 H. 7. cap. 11. seemeth to be an Engine of cords, to catch Deer. De essendo quietum de telonio, is a Writ that that lieth for them which are by privilege freed from the payment of Toll, which read at large in Fitzh. nat. br. fol. 226. Default (Defalta) cometh from the French (Defaut) and is an offence, in omitting that which we ought to do. West. parte 2. symbol. titulo Indictment. sect. 2. Of this hath Bracton a whole Tractate, 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 factum est) 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 as disabled and made void, as if it never had been done, whereof you may see West. at large, part. 1. symb. lib. 2. Sect. 156. Defendant (defendens) is he that is sued in an Action personal: as Tenant, is he which is sued 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 Donour 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. Bracton, lib. 2. cap. 16. num. 10. See also Warrantizabimus & Acquietabimus. Defender of the Faith (defensor fidei) 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 Marsin Luther, in the behalf of the Church of Rome, then accounted, Domicilium fidei Catholicae. Stow's annals, pag. 863. Deforsour (deforciator) cometh of the French (Forceur, 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. cap. 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, (Disconti nuance) fol. 117. saith, 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 Deforsor differeth from an intrudour, because a man is made an Intrudour by a wrongful entry only into Land or Tenement void of a possessor. Bracton, lib. 4. cap. pri. and a Deforsour is also by holding out the right He iras is above said. Deliverances. See Repligiare. Demand, (demanda vel demandum cometh of the French (Demand, i. postulatio, postulatus) and signifieth a calling upon a man for any thing due. It hath likewise a proper signification with the Common Lawyers opposite to plaint. For the pursuit of all civil actions are either demands or plaints: and the persuer is called Demandant or Plaintiff: viz. Demandant in actions real, and Plaintiff in personal. And where the party perfuing is called Demandant, there the party pursued is called Tenant: where Plaintiff, there Defendant. See Terms of Law, verbo Demandant. 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 doman●o Franciae, tit 2. per legem. Si quando 3. Cod. de bon. vacan. lib. 10. & Mathaeut de Afflictis in consti. Siciliae lib. 1. tit. De locatione Demanii, 82. which may be called, Bona incorporata & in corpus fisci redacta, Skene de verborum signif. verb. Terrae Dominicales. In like manner co 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 Demaines, 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, l. 1. c. 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 than of the Feudists it is taken. But Britton, cap. 78. showeth, that this word (demeyn) is diversely 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 see. This word sometime is used for a distinction between those lands, that the Lord of a Manor hath in his own hands, or in the hands of his Leassee, dimised upon a rent for term of years or life, and such other land appertaining to the said Manor, which belongeth to free, or copy-holders'. Howbeit, the copyhold belonging to any Manor, is also in the opinion of many good Law yers accounted Demeines: Bracton in his fourth Book, tract. 3. cap. 9 num. 5. hath these words: Item dominicum accipitur multipliciter. Est autem dominicum quod quis habet ad mensam suam & propriè, sicut sunt Bordlands anglicè. Itèm dicitur dominicum villenagium quod traditur villanis, quod quis tempestiuè & intempestive sumere possit pro voluntare sua, & revocare. Of this Fleta likewise thus writeth: Dominicum est multiplex. Est autem Dominicum propriè terra ad mensan assignata, & villenagium quod traditur villanis ad excolendum, & terra precariò dimissa, quae tempestiviè & pro voluntate domini poterit revocari: & sicut est de terra commissa, tenenda quàm diu commissori placuerit, poterit & dici Dominicum de quo quis babet liberum tenementum, & alius usufructum: & etiam ubi quis habet liberum tenementum, & alius curam sicut de custode dici poterit & curatore, & unde urus dicitur à jure, alius quoque ab homine. Dominicum etiam dicitur ad differentiam ejus quod tenetur in servitio. Dominicum est omne illud tenementum, de quo antecessor oblit se●situs ut de feudo, nec refert cum usufructu vel sine & de quo sie ectus esset, si viveret, recuperare posset per assisam nomine disseisinae, licet alius haberet usum fructum: sicut dici poterit de illis qui tenent in villenagio, qui utuntur, fruuntur non nomine proprio sed omine Domin● sui. Flet. lib. 5. cap. 5. sect. Dominicum autem. And the reason why Copyhold is accounted Demeans, is because they that be Tenants unto it, are judged, in law, to have no 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, and 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 of the Common law, West. parte 2. Symbol. titulo Fines, Sect. 25. The reason is, because Tenants in ancient Demain, cannot be sued 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 rol, yet they are said to have , Kitchen, fol. 81. See Ancient Demain. Demain 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. manere 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 Associates 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 Justices 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. Anglo. 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, and report to be made to the Court, part 2. symb. tit. Chancery, Sect. 29. Denariataterrae. See Farding-deal of land. Denizen, cometh of the French (donaison, i. donatio.) And signifieth in our Common law, an Alien that is enfranchised here in England by the Prince's Charter, and enabled, almost in all respects, to do as the King's native subjects do, namely, to purchase, 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 clause or other, that abridgeth him of all that full benefit, which natural subjects do enjoy. And when a man is thus enfranchised, 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, l. 5. tract. 5. c. 25. nu. 3. Nay, he & his goods might be seized to the King's use, Horn in his mirror of Justices, lib. 1. c. de la Venue de frane pledge. Deodand (deodandum is a thing given or forfeited (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 company 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 Cartwheel, Cart and Horses: and in the third, the Tree is to be given to God: that is, to be & sold distributed to the poor, for an expiation of this dreadful event, though effected by unreasonable, yea, senlesse and dead creatures. Stawnf. pl. cor. lib. 1. cap. 2. whereof also read Bracton, lib. 3. tract. 2. cap. 5. and Britton, cap. 7. and West. parte 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 all faithful people departed this life, l. 1. c. 25. verbo, De submersis. And it seemeth that this Law hath an imitation of that in Exo does, cap. 21. Si cornu petierit bos virum vel mulierem, ita ut moriatur, lapidabitur bos, neque comedetur caro ejus, ac dominus ejus erit innocens. De Deoner anda 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 Sheriff 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. fol. 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, fol. 7. & 8. And of this see divers examples in Broke, 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. Dereyn (disrationare, vel dirationare) may seem to come of the French (disarroyer, i. confundere, turbare) to confound or turn out of order, or (desranger,) i. to set out of order, of lastly of the Norman word (desrene) for with the Normans (desrene) is nothing else but a proof of the denial of man's own fact. For Rubigineus in his grand customary, cap. 122 & 123. maketh mention of (lex probabilis) and (lex deraisnia) legem probabilem or (probationem) he defineth to be a proof of a man's own fact, which he saith he hath done, and his adversary denieth. His example in this: A. sueth R. for a Hog: saying, thou shouldest deliver me a Hog for two 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 diversely, first generally, for to prove: as Dirationavit jus suam hares propinquior. Glanvil. lib. 2. cap. 6. and Habea probos hemmer, qui hoc viderum & 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 (pertinentiam eam dirationavit in vita sua, vel alio modò juste perquisivit) Idem lib. 6. cap. 12. and Bracton useth it after the same sort, in these words: Habeo sufficientem disratiocinationem & probationem, lib. 4. tract. 6. cap. 16. and so he useth (disrationare) lib. 4. cap. 22. and so in Westm. 2. anno 13 Ed. pri. cap. 32. and to derein the warranty, Old nat. br. fol. 146. and to derein the warranty Paramount, anno 31 H. 8. cap. primo. And dereigner le Warranty in Ploughed. casu Basset in fine 2. partis, fol. 6, 7. & 8. a. hath the same signification. So it is used, West. 2. cap. 5. anno 13 Ed. 1. in these words: And when the parson 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 Advowson 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, lib. 3. tract. 2. cap. 3. num. 1. speaking of him that appealeth another for any Treason or Felony, hath these words: Proponat accufans appellum suum in hunc modum, sc. debet dicere se interfuisse, & vidisse certo loco certo die, certa hora, & sci●isse ipsum accufatum praelocutum fuisse mortem reg●s, vel se●●tionem suam, vel exercitus sui, vel consensisse, vel anxiliant & consilium impendisse, vel ad hoc authoritxtem praestitisse: & hoc ego juxta considerationent curiae disrationare paratus sum. He useth it like wise as the Normans use, (Disraisniam) for him, that offereth to justify his denial: as lib. 3. tract. 2. cap. 2 S. num. 1. in these words, Rex consilio Episcoporum & bonorum mrsit propter comitem, ut statuto die ventret ad curiam, ad disrationandum vel defendendum se, si posset. Lastly, in some places I find the substantive (dereinement) used in the very literal signification of the French (disrayer) or (defranger) that is, as a man would say, turning out of course, displacing or ferting 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, which forsook their orders and professions: as also anno 5, & 6 Ed. 6. cap. 13. So doth Kitchen use the verb, fol. 152. in these words: The Lease 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 Defendant. For example: A. sueth B. in action of Trespass B. answereth for himself, that he did that which A. calleth a Trespass, by the commandment of C. his Master. A. saith again, that B. did it the son tort demesne, sans ceoque. C. luy commanda modo et forma: that is, B. did it of his own wrong, without that C. commanded him in such form, etc. Detinet. See Debito and Debet. Detinew (detinendo) is a Writ that lieth against him, who having goods or chattels 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 detinew, 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 debts 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 Testarour riotously or without cause. New Terms of Law. Divest (Devestir) is contrary to Invest. For as Investire signifieth possessionem tradere. So (devestire) is (possessionem auferre) feud. lib. pri. cap. 7. Devise, alias divise, cometh of the French (diviser, i. dispertiri, discernere, separare, distinguere) as (diverser parici et par la distribuere.) This word is properly attributed in our Common Law to him, that bequeathes his goods by his least 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 then devise, howbeit it were not absurd, to derive this word from the French (deviser,) i. serm●cinari, fabulari, con●ilium 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 (quasimentis testatio, titulo, de testa. ordinan, in instit. 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. et anno 5. ejusdem, 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, alias, divorce (divortium) is with our Common Lawyers, accounted that separation between two de facto married together, which is à vinculò matrimonii, non solùm à mensa & thoro. And therefore the woman so divorced, received 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: DI 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 dyeth, 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 deceased party was seized, & who is next heir unto him, and of what value the Land is. The form thereof and other circumstances you may learn in Fitz. 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. Brook tisulo 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. Diguity Ecclesiastical (dignitas Ecclesia●tica) is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be (administratio cum jurisdictione, & potestate te aliquae conjuncta. Glos. in cap. 1. de consuct. in sexte) whereof you may read divers examples in Duarynus de sacris Eccles. minist. & benefic. lib. 2. cap. 6. Diocese (diocesis) 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. Diet a rationabilis, is in Bracton used for a reasonable day's journey, lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significations, not needful here to be set down. v. vocab. utriusque juris. Dimibaque. See Haque. Disalt, signifieth as much as to disable. Litleton in his Chapter of Discontinuance. deceit, See Deceit and deceptione. See the new book Entry, verbo Deceit. Descent (Discensus) in the French (Descents) signifieth in the Common law, an order or means whereby Lands or Tenements are derived unto any man from his Ancestors: as to makehis descent from his Ancestors: Old nat. br. f. 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 sue 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 distremed 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 leeleth his Land. Terms of Law. Of this see Skene de verb. fignif. 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: Fitzh. nat. br. fol. 197. G. See Brook titulo Diselamer. 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 of breaking off: 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, than 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 codem 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, cap. 43. and see S. Ed. Coke Reports, lib. 3. the Case of Fines, fol. 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, & to be put without day, is all one; and nothing else, but finally to be dismissed the Court of that instance. West. parte 2. Symbol. tit. 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, Fitzherb. in his nat. br. useth the word divers times: as discontinuance of Corody fol. 193. A. To discontinue the right of his wise, fol. 191. L. & 193. L. Discontinuance of an assize, fol. 182. D. 187. B. Disgrading (Degradatis) is the punishment of a Clerk that being delivered to his Ordinaty, cannot purge himself of the offence, whereof he was convicted by the Jury● and is nothing but the privation of him from those orders of Clerkship that he had, as Priesthood, Deaconship, etc. Sl●●f. 〈…〉 & 138. There is likewise ●isgrading of a Knight, Stows Annals pag. 855. And it is not to be omitted, that by the Canon Law, there be two fort of disgrading: one summary by word only, and another solemn by divesting the party degraded of those Ornaments and Rites; which be the ensighes of his Order or Degree. Dimes (Decimes) 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, due unto God, and so consequently to him that is of the Lords lot, and had his share: viz. our Pastor. It signifieth also the Tenths also of all spititual live, yearly given to the Prince (called a perpetuar Dismo. anno 2. & 3. Edwar. 6. cap. 35.) which in ancient times, were paid to the Pope, until Pope Urbane 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. V●igil. Angl. hist. lib. 20. Lastly it signifieth a tribute levied of the Temporality. Holinshed in Henry 2. fol. 111. Dispatigemet, Disparagatio, is by out Common Lawyers, used especially for marching an heir in marriage under his or her degree, or against decency. See my Institues, 〈◊〉 de ●inpliis. § 6. Disseisin (Cisseisinae) cometh of the French (Disseisir) and signifieth in the Common law, an unlawful dispossessing of a man of his Land, Tenement or other or incorporeal right, Institut. of the Com. Law, cap. 15. And how far this extendeth, See Bracton, libro quarto, cap. tertio. And therefore the Assizes be called Writs of Disseisin, that lie against Disseisonrs in any case. Whereof some be termy little Writs of disseisin, being vidontiel, that is, sneable before the Sheriff in the County-court, Old nat. br. fol. 109. because they are determined by the Snyreeve without assize, Register Original. fol. 198. b. as for Nuissanses of no great projudice. Disseisin is of two sorts; either simple Disseisin; committed by day without force and arm. Kracton, lib. 4. cap. 4. Bricon, cap. 42. & 43. & 44. where you shall find in what especially it is lawful, in what not, Britton cap. 53. And by Disseisin by force, for the which see Desersour. See Fresh disseisin. See Redisseisin, and Post disseisin. See Skin de verbo signifit. verbo disseisina. Disseisin how many ways it is committed, See Fleta, l. 4. c. 1. 〈…〉 and when it is lawful, cap. 2. ●n Distress (districtio, districtus) cometh of the Enench 〈…〉 It signifieth● most commonly in the Common, law● a compulsion in 〈◊〉 and on's, whereby to bring ●min to appear in Court, or to pay debt or duty de ●ied. The effect where of most commonly is to devil the party distreined to reple vie the distress, and, so to take his action of trespass against the Distreiner, or else 10 compound neighbourly with him for the debt or duty for the which he dissreineth, In what cases a Distress by law ful●ste The new Terms of Law, The Civilians calbi● (Riguorum ●●●●ionem.) Brissonius' 〈…〉 lib. 14. This compulsion is by Britons cap. 71. divided into a distressed per) 〈◊〉 and Distress real Distress persona● is made by surprising a man's movable goods and detaining them for the security of his appearance to the- sure ●- and to make him Plaintiff. A Distress real is made upon immo veable goods, as the Grand Cape; & pe●it Cape And thus it is interpreted by Hotomon de verb foudal. verbo districtus. This differeth from an Attachment in this point (among others that ● Distress cannot be taken by any common person, without the compass of his own Fee E●zh●vat, br. fol. 904. except it be presently after the or other thing, is driven or bor● out of the ground by him that perceiveth it to be in danger to be distreined. New terms of the Law, verbo distress. District us 〈◊〉 is sometime used for the circuit or territory within the which, a man may be thus compelled to appearance. Ca ne Romani. de electione tu Clem. and Casson, de consuetud. Burgund, pa. 90. Britton, cap. 120. and so likewise in Districtio in the Register original, fol. 6. b. And so, it seemeth to be used in Pupilla oculi, par. 5. cap. 22. Charta de foresta. See also Alynsing, in the Chapter licet causam 9 extra de probationibus, num. 5. and Zasius in his, 16. council. num. 47. Distress, in the former signification, is divided first into finite and infinite. Fining 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 not br. fol. 43. Distress infinite is without limitation until the party come: as against a Jury that refuseth to appear super certificatione Assisa, the Process is a (venire facias) (hebeas corpora) and distress infinite, Old nat. br. fol. 113. Then it is divided into a grand distress, anno 52 H. 3. cap. 7 which Fitzherbert calleth in Latin magnam districtiorem, nat. br. fol. 126. A. and an ordinary distress. A grand distress is that, which is made of all the goods and chattels that the party hath within the County, Britton, cap. 26. fol. 52. But see, whether it be sometime not all one with a distress infinite, Ide● fol. 80. with whom also the Statute of Marlebridge seemeth to agree, anno 52 H. 3. cap. 7. & cap. 9 & cap. 12. See Old nat. br. fol. 71. b. See grand distress, what things be distreinable, and for what causes. See the New Terms of Law, ve●bo Distress. Of this also see more in Attachement. Distring as, is a Writ directed to the Sheriff, or any other Officer, 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 distrirgas. Divise. See D●vise. Dividends in the Exchequer seemeth to be one part of an Indenture anno 10 Ed. 1. cap. 11. & anno. 28. ejusdem, Stat. 3. cap. 2. Divorce. See Devorce. DO Docket, is a Brief in writing, anno 2. & 3. Ph. & Mar. cap. 6. West. writeth it (Dogget), by whom it seemeth to be some small piece of paper and parchment containing the effect of a larger writing, Symbol. par. 2. tit. Five. 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, ●o 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, anno 23 H. 6. cap. 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. Manwood, part 2. of his Forest Laws, cap. 18. num. 9 viz. Stablestand, Dog-draw, Backbear, and Bloody-hand. Dog-draw, is when one is found drawing after a Deer by the sent of a Hound, that he leadeth in his hand. Dogger, a kind of Ship, an. 31. Ed. 3. stat. 3. cap. pri. Dogger-fish, ibid. c. 2. seemeth to be Fish brought in those Shins to Blackney-haven, etc. Dogger men, an. 2 H. 8. cap. 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, Reg orig. fol. 153. for this point, The Civilians have the action de damno infacto. Dole fish, seemeth to be that Fish, which the Fishermen yearly employed in the North Seas do of custom receive for their allowance. See the statute, an. 35 H. 8. cap. 7. Donative, 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 stature, anno 8 R. 2. cap. 4. Of this Petr. Gregor. de beneficits, cap. 11. num. 10. hath these words: Sitamen Capellaniae fundat●e per Laicos non fuerint à Diocesano approbatae et ut (loquuntur) spiritualiz ate, non censentur beneficia, nec ab Episcopo conferri possunt, sed sunt sub pia dispositione fundatoris. Joh. Fab. ad § Nullius. De rerum divis: Iden fundatores et baeredes corum, possunt tales Capellanias donare sine Episcopo, cui voluerint, tanquam profana beneficin. Guido Papaeus descis. 187. See also Gregorius, lib. 15. cap. 29. sui syntagmatis, num. 11. I finde 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 shall be Donative and 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 Chauntries, 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 lib. 3. fol. 75. b. Dooms day (Rotulus Wintoniae) (domus D i, Coke in praefatione ad librum saum) is a Book that was made in King Ed. the Confe●ors dates, as the Author of the Old nat. br. faith 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, jus Dacorum, etc.) proveth out of Gervasius Tilburiensis, that this Book was made in William the conquerors time: with whom agreeth M. Cambden in his Bretan. pag. 94. pro●ing it out of Ingulphus, that flourished the same time. And for the better commendation of the Book, it is not amiste to set down the words of Ingulphus, touching the contents thereof. Totam terram descripsit. Nec erat hyda in tota Anglia. quin valorem ejus & possessorem scivit, nec lacus nec locus aliquis, q●sin in Regis rotulo extitit descriptus, ac ejus reditus & proventus, ipsa possessio, & ejus possessor, regiae rotitiae manifestatus, juxta taxatorum fidem qui elect● de qualibet patria territorium oroprium deseribebant. Ifte rotulus vocatns 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 Regis 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 co totius Regni descriptio diligens continetu●: & tam de tempore Regis Edwardi, quàm de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr. mitur. Dorture (dormitorium) anno 25 H. 8. cap. 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 Kings Tenent was feised 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 King's leave, anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour; for which, see the Register Original fol. 297. and Fitzherb. nat. br. fol. 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 Tenent, 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 issne of them both might have inherited it. Fitzh. nat. br. fol. 147. Regist. fol. 170. Dotts admensuratione. See Admensurement. See the Reg. orig. fol. 171. Dotkins, a kind of Coin pl. cor. fol. 37. I●seemeth to come of the Dutch word, ‛ Duytkin, that is, the eighth part of a Stufer or French Shilling, which in Latin is called Solidus Gallicus. Doubles, anno 14 H. 6. cap. 6. fignifie 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, where of either is sufficient to effect his desire in debarring the Plaintiff. And this is nor to be admitted in the Common law: wherefore it is well to be observed, when a P●ee is double, and when it is not. For if a man allege several matters, the one nothing depending of the other, the Piea is accounted double. If they be mutually depending one of the other, then is it accounted but single. Kitchen, fol. 223. See Brook hoc titule. 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. libr. 5 aract. 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 singular Clerks of his Province, thereby commanding and authorising them and every of them, to admonish the said Ordinatie, 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 dovayre & by them latined doarium. I like wise once thought it not unreasonable, to call the former a Dowry, and the other a Dower: but I find them confounded. For example: Smith de rep. Anglo. pa. 105. calleth the latter 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) & the latter (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 wife's 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 Wife's Heirs or Friends, after the marriage dissolved: the Common law of England, whatsoever chattels, movable or , 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 latter 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 juncturae) in consideration of the marriage, that the wife surviving him, shall have during her life, this or that Tenement or Lands, or thus much Rent, yearly payable out of such Land, etc. with clause of distress: and this may be more or less, as they do accord, Britton, cap. 110. whom read also, cap. 102, 103, 104. for conventio vincit legem. Bracton, lib. 5. tractat. 4. cap. 9 The diversity of these Jointures, you may see in West. parte prima symbol. l. 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 this Lands, Glanvile, lib. 6. cap. pri. Or the half, as some say, Fitz. 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, than it is by law, the third part, and called (does legitima) Bracton, lib. 4. tract. 6. cap. 6. num. 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, Coke reports, lib. 2. Binghames case, fol. 93. a. Of these things see Glanvile l. 6. c. 1, 2, & 3. Bract. l. 2. c. 38, 39, & l. 4. tract. 6. cap. 1. & 6. and Britton cap. 101, 102, 103, 104. and Fitzherb. nat. br. 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 conventional. pa. 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, lib. 5. cap. 23. & seq. Dozenno. See Decennitr. DR Drags, anno 6 H. 6. cap. 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 Edw. 3. cap. 14. & anno 7. Rich. 2. cap. 5. Master Lamberd, in his Eirenarch. lib. 2. cap. 6. calleth them Miching thiefs, as Wasters and Roberdjemen mighty thiefs, saying, that the words be grown out of use. Dreit Dreit, signifieth a double right, that is jus possessionis, & jus Domini. Bracton, lib. 4. cap. 27. & lib. 4. tract. 4. cap. 4. & lib. 5. tract. 3. cap. 5. Dry exchange, anno 3 H. 7. cap. 5. (Cambium siccum) seemeth to be a cleanly term invehred for the disguising of foul usury, in the which something is pretended to pass of both sides, whereas in truth nothing passeth but on the one fide: in which respect it may well be called dry. Of this Ludovicus Lopes tracbat. de contract: & negotiatio. lib. 2. cap. pri. § Deinde postquam, writeth thus, Cambium est real vel siccn. Cambium real dicitur, quod consistentiam veri Cambit realem habet, et Cambium per or ans, et Cambium minutum. Cambium autem siccum est Cambium non habens existentiam Cambii, sed apparentiam ad instar arboris exsiccatae, quae humorae vitali jam carens, appaerentiam arboris habet non existentiam. Summa Syl. Verbo Usura, quaest. 6. Est ergo Cambium siccum uxta hanc acceptionem (in quà etiam accipitur in extrav. Pii quinti) idem quod Cambium fictum. Non autem habet propriam naturam Cambii, sed mutui et usurae. At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam, Cambium siccum in alia acceptione minus communi summum est ●ambium, in quo Campsor prius dat quam accipiat. Dicitur autem isto modo ficcum, quia sine praevia acceptione dat Campsor. Quod tamen, ut sic acceptum (autore Sylvestro) licitè celebratur aliquando. Quiatun● verum et real Cambium est diffe ens genere ab eo Cambio, in quo Campsor prius recipit. Quiae in isto Campsor semper primò dat et de●nde accipit. Drift of the Forest, seemeth to be nothing but an exact view or examination, what 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. Drait d' Advorizen. See Recto de advocatione Ecclesiae. Droit. close. See Recto clausum. Droit de dower. See Recto dotis. Droit: sur disclaimer. See Recto sur diselaimer. Droit patens. See Recto patens. DU 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, verbo Duces tecum. Duke (Dux) cometh of the French word (Duc.) In signifieth in ancient times among the Romans, (Ductorent exercitus) such as led their armies, who if by their prowess they obtained any famous victory, they were by their Soldiers saluted (Imperatores) as Hotoman, verbo Dux, de verbis feudal. proveth out of Livy, Tully, and others. Since that they were called deuces, to whom the King or people committed the custody or regiment of any Province. Idem, cod. And this seemeth to proceed from the Lombard's or Germans, Sigon. de reg' no Ital. l. 4. In some Nations this day the Soveroigns of the Country are called by this name, as Duke of Russia, Duke of Sweden. Here in England Duke is the next in secular dignity to the Prince of Wales. And (as M. Cambden saith) heretofore in the Saxons times, they were called Dukes, without any addition, being but 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 unto their posterity. They were created with solemnity, (per cincturam gladii, cappaeque & circuli aurei in capite impositionem, vide Camd. Britann. pag. 166. Zazium, de feudis parte 4. num. 7. et Cassan. de consuetud. Burg. pag. 6. et 10. and Ferns glory of generosity, pag. 139. Duchy court, is a Court, wherein all matters appertaining to the Duchy of Lancaster, are decided by the decree of the Chancellor of that Court. And the original of it was in Henly the fourth's 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 Ever wick, and of the Earldom of March, and such others did, which had descended to the King by other Ancestors than the Kings, but at last, Henry the fourth, by authority of Parliament passed a Charter, whereby the possessions, liberties, etc. of the said Duchy were severed from the Crown: Yet Henry the seventh reduced it to his former nature, as it was in Henry the fifts days. Cromptons' Jurisd. fol. 136. The officers belonging to this Court, are the Chancellor, the Attorney, Recelver 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 Readins 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 Gaunt, and endowed it with such Royal right, as the County Palatine of Chester had: And for as much, as it was afterward extinct in the person of King Henry the fourth, by reason of the union of it with the Crown, the same King suspecting himself to be more rightfully Duke of Lancaster, than King of England, determined to save his right in the 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 is continued, during the reign of King Henry the fifth, and Henry the sixth that were descended of him. But when King Edward the fourth had by recovery of the Crown) recontinued the right of the house of York, he seared not to appropriate that 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 seventh, who liking well of that Policy of King Henry the fourth (by whose right also he obtained the Kingdom) made like separation of the Duchy, as he had done, and so left it to his posterity, which do yet enjoy it. Dum fuit 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, Fitz. 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 alience. Fitzherb. 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' Jurisd. fol. 215. Dures (Duritia) cometh of the French (dur, i. durus, veldurete, 1. 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. Broke 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. EA Ealdermans' (Aldermannus) among the Saxons, was as much as Earl among the Danes. Cambden, Britan. pag. 107. If ye go to the true etymology of the word, me thinkoth it should sound more generally, so much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians, or Senator with the Romans: who were rather Counsellors at large, than bestowed upon any particular office, as Comites were. See Count ie. And that signification we retain at this day almost in all our Cities, and Boroughs, calling those Aldermen, that are Associates to the Chief Officer in the common Council of the Town, anno 24 H. 8. cap. 13. or sometime the chief Officer himself, as in Stawnford. Earl (Comes) in M. Cambdens' 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 Saxon words, verbo Paganus: and interpreteth it (Satrapam) which word the Romans borrowing of the Persians, applied to those that were praefecti provinciarum. M. Verstegan 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 Rome, 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 eam 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. Comitatum it aque originem Germanis moribus or tum esse dictus receptissimus autor testis est. Quapropter quod in duodecimo libro codicis aliqui tituli de Comitibus largitionum, etc. inscribuntur, usurpationem Imperatoris ex Germanorum ritibus sumptum credo. But the Conqueror (as M. Cambden 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 ancient Record in these words: Henricus 2. Rex Angliae his verbis Comitem creavit: Sciatis nos fecisse Huguenot Bigot Comitem de Nortfolk. sc. de tertio denario de Norwic. & Nortfolk, sicut aliquis Comes Angliae libertus com●tatum suum tenet. Which words (saith the same Author) an old book of Battle Abbey thus expoundeth: Consuetudinaliter per totam Angliam mos antiquitùs inoleverat, Comites provinciarum tertium denarium sibi obtinere, inde Comites dicti. And another book without name more fully. Comitatus à Comite dicitu●, aut vice versa. Comes autem est, quia tertiam portionem corum, quae de placitis proveniunt, in quolib●t Comitatu percipit● Sed non omnes Comites ista percipiunt: sed bit quibus Rex baereditariò aut personaliter concessit. You may read M. Fern in Lacy's nobility, something to his effect, pag. 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 Sheriff. That one Earl was dignified by the appellation, of more than one Sheriff, 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, and Charter of the Forest, anno 38 H. 3. Roger Bigot is named Earl both of Northfolk and Southfolk, and anno 1 Ed. 3. Thomas Earl of Lancaster and Leycester. Humphrey Bohun, Earl of Hereford and Essex. Dyer, fol. 285. num. 39 At these days, as long since, the Kings of England make Eearls 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, Quià illi dicuntur verè Comites, quibus datur Comitatus in feudum: illi Comites abusiuè, qui non habent administrationem. Vincentius de Franchis, descis 115. num. 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, pag. 1121. The occasion why these Earls in latter times have had no sway over the County, whereof they bear their name, is not obscurely signified in Sir Tho. Smith, l. 2. cap. 14. where he saith, that the Sheriff is called Vicecomes as (Vicarius Comi●is) following all matters of Justice, as the Earl should do: and that because the Earl is most continually 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 Sheriff though he be still called Vicecomes, yet all he doth, is immediately under the King, and not under the Earl. See County, and see Hotoman. de verb. feudal. verb. Comes: and Cassan. de consuetud. Burg. pag. 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 praedii. EE Eel fares, alias Eel Vare, anno 25 H. 8. be the fry or brood of Eels. EGLANTINE Egyptians, (Aegyptiani) are in our Statutes and Laws of England, a counterfeit kind of Rogues, that being English or Welsh people, accompany themselves together, disguising themselves instrange 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 carriage. anno 1. & 2 Philip. & Mar. cap. 4. anno 5 Eli. cap. 20. These are very like to those whom the Italians call Cingari: of whom Franciscus Leo in suo thesauro fori Ecclesiastici parte prim. cap. 13. thus writeth: Cingari, qui corrupto vocabulo, quandoque etiam Saraceni nominantur, & permissione principum ac aliorum dominorum, per Italium vagantur, nec unquam viderum partes infidelium, minusque, legem Mahometi noverunt: sed sunt ferè omnes Itali, & male habituati, ex rebus furtivis vivunt, ac fraudulent is earum permutationibus & ludis, in quibus ut plurimum fraudes committunt, & sunt baptizati. EI Ejectione custodiae, Ejectment de guard, is a Writ which lieth properly against him, that casteth our the Guardian from any land, during the minority of the Heir. Regist. orig. fol. 162. Fizth. 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 guard. Which see in their places. Ejectione firmae, is a Writ which lieth for the Lessee for term of years, that is cast out before the expiration of his term, either by the leassour or a stranger. Regist. fol. 227. Fitzh. nat. br. fol. 220. See Quare ejecit infra terminum. See the new book of Entries, verbo Ejectione firmo. 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 de verb. signif. verbo. Eneya. Eire, alias, Eyre, (Iter. Bract. lib. 3. c. 11. in Rubrica) cometh of the old French word (Err, i. iter) as (à grand err, i. magnis ●ineribus.) It signifieth in Britton, cap. 2. the Court of Justice's 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, he held every three year by the Justices of the Forest, journeying up and down to that purpose. Cromptons' Jurisd. fol. 156. Manwood parte prima of of his Forest laws, pag. 121. See Justice in Eyr. Read Ske●e de verborum significa. verbo Iter: whereby, as by many other places, you may see great affinity between these two Kingdoms in the administration of Justice and Government. EL 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 formerly 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. na. 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 Sheriff, 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. Regist. orig. 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 sued 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 EM Empanel (Impanellare, Ponere in assisis & Juratis cometh of the French (Pan, i. Pellis) or of (Panneau) which signifieth sometime as much as a Pane with us, as a Pane of glass, or of a window. It signifieth the writing and entering the names of a Jury into a parchment Schedule or Roll or Paper, by the Sheriff, which he hath summoned to appear for the performance of such public service, as Juries are employed in. See Panel. 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 induciarum) Kitchen, fol. 200. interpreteth it in these words: If he imparl or pray continuance. For praying continuance is spoken interpretative in that place, as I take it. The same Author maketh mention of Emparlance general, fol. 201. and Emparlance special, fol. 200. Emparlance 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. Salvis omnibus advantagiis tam ad jurisdictionem Curia quàm ad breve & narrationem, or such like: Britton useth it for the conference of a Jury upon the cause committed unto them, cap. 53. See Imparlance. Improvement. See Improvement. EN Encheson, An. 50. Ed. 3. cap. 3. is a French word, signifying as much as occasion, cause, or reason wherefore any thing is done. See Skene de verbo. significat. verbo Encheson. Encroachment or Accrochment, cometh of the French (Accrocher, i. apprehendere, inuncare, harpagare) and that cometh of (Crochure, i. aduncitas) or crochu, i aduncus) Encrochment, 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 own two shillings rend service to the Lord, and the Lord taketh three: So Hugh and Hugh Spencer encroached unto them royal power and authority, anno prim. Ed. 3. in prooem. indictment Indictamentum) cometh of the French (Enditer, i. defer nomen alicujus, indicare) or from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because M. Lamberd will have it so. Eirenar. l.b. 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 Commonwealth) 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 fare in it, as to subscribe his name, and offereth 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 proud, except there appear conspiracy. Wherefore, though moved by M. west's authority, I call it an Accusation: yet I take it to be rather (Denunciatio) because it is office done by the great Enquest, rather that of a free intent to accuse. Of this you may read S. Tho. Smith de Repup. Anglor. lib. 2. cap. 19 and Stawnf. pl. cor. lib. 2. cap. 23, 24, 25, 26, etc. Usque 34. and M. Lamberds Eirenarcha, lib. 4. cap. 5. whence you may receive good satisfaction in this matter. Endowment, (dotatio) cometh of the French (Doüaire) and lignifieth 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, An. 15. R. 2. c. 5. Endowment de la plus belle parte 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 soccage, than Knight's service. Of this read Litleton more at large, lib. 1. cap. 5. Enfranchisement, cometh of the French (Franchise, i. libertas.) and is in a manner a French word of itself: it signifieth in our Common law, the incorporating of a man in 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 Burgess 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 the freemen. Englecerie (Engleceria) is an old abstract word, signifying nothing else but to he an Englishman. 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 marks 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 seventh 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 Engleceris, for the abuses and troubles that afterward were perceived to grow by it, was clean taken away, by a Statute made Anno 14. Edward. 3. capite quarto. Inheritance. See Inheritance. Enquest (Inquifitio) 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 Enquest 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 on 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 Sheriff for the purpose: and as they bring in their Verdict, so judgement passeth. For the Judge faith, the Jury findeth the fact thus: then is the Law thus: and so we judge. For the Enquest in causes criminal, see Jury; and see Sir Thomas Smith de Repub. Anglor. lib. 2. cap. 19 An Enquest is either of office, or at the mice of the party. Stawn. pl. cor. lib. cap. 12. Entendment cometh of the French (entendiment, 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-intailed. 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 currelled, (as you would say) or limited and tied to cettain conditions. Taille in France is metaphorically taken for a tribute or subsidy. v. Lupanum de Magistratibus Francorum. 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 praejudicialis 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 enterplead; that is, formerly try between themselves, who is the right Heir. Stawnf. praeroga. cap. 12. See more examples in Broke titulo Enterpleder. Entire tenancy, is contrary to several Tenencie, signifying a sole possession in one man: whereas the other signifieth joint or common in more. See Broke several Tenencie. 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. Assize of fresh force in London, fol. 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 things it lieth not. Of this Britton in his 114. Chapter writeth to his effect. The Writs of entry savour much of the right of poverty. As for example, some be to recover customs and services: in the which are contained these two words (solet & debet) as the Writs Quo jure, Rationalibus divisis, rationabili est overio, with such like. And in this place of entry there be three degrees: The first is, where a man demandeth Land 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 Tenent, 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 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 abateable. The form of the first degree is such, Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet 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 aut matrem, avunculum, vel amitam, vel cognatum, avum vel proavum dicts Petri qui dictum manerium dimisit 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 tal●s pater vel mater, vel alius antecessor aut cognatus idem dimisit, cujus 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 mater (sic ut supra) cujus 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 fare Britton: by whom you may perceive, that those words (solet & debet) and also those other words (in le per) (in le per & cui) 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 Fitzh. 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 entrusion. 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. & s●q. 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 or others, as yet hath taken possession of them. What the difference is between Abator and Intrudor, I do not well perceive, except an Abatour he be that step p into land void by the death of a Tenent in Fee, and an Entrudor that doth the like into lands, etc. void by the death of the Tenent for Terms of life or years. See Fitzh. nat. br. fol. 203. F. The author of the new Terms of Law would have abatement Latined, (Interpositionem, aut intro tionem per interpositionem) and to be restrained to him that entereth before the Heir after the decease of a Tenent 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 Intrudor, which see in Fitzh●nat. br. fol. 203. Entrusion de guard, is a Writ, that lieth where the Infant within age entered into his his lands and holdeth his Lord on't: 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 enure by way of extinguishment. Litleton, cap. Release. And a Release made to a Tenent for Term of life, shall inure to him in the Reversion. ER Erius, alias Iris, is the Flower de lice, whose divers kinds you have expressed in Gerard's Herbal. lib. 1. cap. 34. The root of this is mentioned among Merchandise or Drugs to be garbled, anno 1 Jacob. cap. 19 Ermines seemeth to come of the French (Ermine, i. mus araneus.) It signifieth a Fur of great price. Erminstreat, see Watlingstreat. Errand (Itinerans) cometh of the French (Error, i. errare) or the old word (Err, i. Iter.) It is attributed to Justices of circuit, p. cor. fol. 15. and Bailiffs at large. See Justices in Eyr. and Bailiff. See also Eyr. Error (Error) cometh of the French (Erreur) and signifieth more specially in our Common law, an error in pleading, or in the Process, Brook, 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 Fitzh. 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. parte 2. sect. symbol. titulo Fines. 151. Errore corrigendo. See Error. ES Escawbio, is a licence granted to one for the making over of a Bill of Echange 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 prive evasion out of some lawful restraint. For example, if the Sheriff 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: Stawnf. lib. 1. cap. 26. pl. cor. nameth two kinds of Escapes, voluntary and negligent: Voluntary is, when one arresteth 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 arrested, and afterwards escapeth against his will that arrested him, and is not pursued by fresh suit, and taken again, before the party pursuing hath lost the sight of him: 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' Jurisdict. fol. 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 accomptants in that Office used such Tables as Arithmetitians use for their calculations, for that is one signification of (Abacus) amongst others. Polydor. Virgil. lib. 9 hist. Anglc. 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 (Thesaurus) or (Fiscus.) And from this fountain no doubt) springeth the Italian word (Zecch●●) signifying a mint: and (Zecherit aliâs Zechieri) the Officers thereunto belonging, Descis. Given 134. M. Cam. in his Britan. pag. 113. saith, that this Court or office took the name à tabula ad quam assidebant, proving it out of Gervasius 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 Eschequier 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: Saccarium dicitur quasi S. at arium, quòd homines ib● in jure sistantur, vel quòd sit stataria & perennis curia, cum caeterae curiae essent indictivae, nec loco, nec tempore state: where he saith also of himself, that in Scotland the Exchequer was stable, but the other Session was deambulatorie, before James the fist: qui instituit Statariam curiam, cum antea esset indictiva: he addeth farther: Others think that Scaccarium is so called à 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 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 two 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 lucubrations: the other is called the receipt of the Exchequer, which is properly employed in the receiving and payment of money. Crompton in his Jurisdictions, fol. 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. Camddens Britannia, cap. Tribunalia Angliae, to whom I refer you. The King's Exchequer which now is settled in Westminster, was in divers Counties of Wales, anno 27 H. 8. cap. 5. but especially cap. 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 Manor by way of forfeiture, or the death of his Tenent, dying without Heir general, or especial; or leaving his Heir within age, or unmarried, Magna Charta, c. 31. Fitzh. nat. br. f. 143. T, etc. Escheat is also used sometime for the place circuit within the which the King, or other Lord, hath escheats of his Tenants, Bracton, lib. 3. tract. 2. cap. 2. & pupilla oculi parte 2. cap. 22. Escheat thirdly, is used for a Writ, which lieth, where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord, dyeth 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 Tenent● and shall there by 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 Excadentia, or bona excadentiala, as: Baro locat excadentias eo modo quo locatae fuerunt ab antiquo: it a quoth in nullo debita servitia minuantur, & non remittit Gallinam debitam: Jacobutius de Franchis in praeludiis ad feudorum usum. tit. 1. num. 29. & num. 23. v. Maramae singularia, verbo Excademia. And in the same signification, as we say the Fee is escheated, the Feudists use feudum aperitur. lib. 1. feudal. titulo, 18. §. 2. titul. 15. & titul. 26. §. 4. Escheatour (Escaetor) cometh of (Escheat) and signifieth an officer that observeth the Escheats of the King in the County, whereof he is Eseheatour, and certifieth them into the Exchequer: This officer is appointed by the L. Treasurer, and by Letters Patents from him, and contineth in his office but one year, neither can any be Escheatour above once in three years, anno 1 H. 8. cap. 8. & anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons' Justice of peace. See anno 29 Ed. 1. The form of the Escheatours oath, see in the Register original. fol. 301. 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. Regist. orig. fol. 259. b. Escuage (Scutagium) cometh of the French (escu, i. clypeus) a buckler, or shield. In our Common law, it signifieth a kind of Knight's service, called service of the Shield, whereby the Tenent holding, is bound to follow his Lord into the Scotish or Welsh wars, at his own charge: for the which see Chivalry. 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 shall be called to follow his Lord into those wars, and again, what his charge will be in each journey. Escuage certain, is that which yearly payeth a certain rent in lieu of all services, being no further bound than to pay his rent, called a Knights-fee, or the fourth part of a Knights-fee, according to his land, and this loseth the nature of Knight's service, though it hold the name of Escuage, being in effect, Soccage. Fitzh. na. br. fol. 84. C. Esnecy (Aesnecia) is a prerogative given to the eldest Comparcener, to choose first, after the inheritance is divided, Fleta, lib. 5. cap. 10. §. in divisionem. Esples (Expletia) seem to be the full profits that the ground or land yields, as the Hay of the Meadows, the Feed of the Pasture, the corn of the Earable, the Rents, Services, and 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 accessionem nomine intelliguntur ea gener aliter omnia, quae ex re, de qua agitur, orta sunt, veluti fructus, partus, & omnis causa rei, & quaecunque ex re procedunt. lib. 2. π. De in diem adjectio, lib. 50. π. Ad Trebel. lib. 61. §. hiis etiam. π. de furt. See the new Terms of Law. Esquire (Armiger) is in letters little altered from the French (Esovier, i scutiger) It signifieth with us a Gentleman or one that beareth arms, as a testimony of his nobility and 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. Cambden in his Britannia, pag. 111. hath these words of them; having spoken of Knights: Hiis proximi fuere Armigeri, qui & scutiferi, hominesque ad arma dicti, qui vel à clypeis gentilitiis, quae in nobilitatis insignia gestant: vel quia principibus & ma oribus illis nobilibus ab armis erant, nomen traxerunt. Olim enim ex hiis duo unicuique militi serviebant, galeam clypeumque gestabant, etc. Hotoman in the sixth Chapter of his Disputations upon the Feodssaith, that these which the French men call (Escuiers) were 1 Military kind of vassal having jus 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. Essendt quietum de telonio, is a Writ that lieth for Citizens and 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 ●he same, Fitz. nat. br. fol. 226. Reg. fol. 258. Essoin (essonium) cometh of the French (essomè 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, and allegement 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 and infinite: yet drawn to five heads: whereof the first is (ulira mare) the second (de terra sancta) the third (de malo veniendi) which is also called the common Essoin, the fourth is (de malo lecti) the fifth (de servitio Regis.) For further knowledge of these, I refer you to Glanvile, in his whole first book, and Bracton, lib. 5. tract. 2. per totum, and Britton, c. 122, 123, 124, 125. and to Horns Mirror of Justices, lib. 1. cap. des Essoins, who maketh mention of some more essoins touching the service of the King celestial, than the rest do, and of some other points not unworthy to be known. Of these Essoins you may read further in Flet. l. 6. c. 8. & seq. and that these came to us from the Normans, is well showed by the Grand Custumary, where you may find in a manner all said, that our Lawyers have of this matter, cap. 39, 40, 41, 42, 43, 44, 45. Essoins and proffers, anno 32 H. 8 cap. 21. See Proffer. Essonio de malo lecti, is a Writ directed to the Sheriff, for the sending of four lawful Knights to view one that hath essoined himself the malo lecti, Regist. 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 estandart, 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 throughout the Land, are, or aught to be framed by the Clerk of the Market, Anlneger; or orher Officer, according to their functions. For it was established by the Statute of Magna Charta, an. 6 H. 3. cap. 9 That there should be but one scantling of Weights and Measures through the whole Realm, which is since confirmed by A●co 14 Ed. 3. cap. 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 , 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 Litleson saith, libro 3. caput 5.) either upon condition in Deed, or upon condion in Law. Estate upon condition in Deed is, where a man by Deed indented, infeoffeth another in Fee, referving to him, and to his Heirs yearly, a certain Rent, payable 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 Tenent 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, Fitzh. nat. br. fol. 142. K. Divers other examples might be showed out of him, and Broke h. titulo. Sir Edward Coke, 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. lib. 3. The case of Fines, fol. 88 a. Estovers (Estoverium) cometh of the French (estouver, i. 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 it is used West. 2. cap. 25. anno. 13. Edw. 1. M. West. parte 2. symbol. titulo Fines. Sect. 26. saith, that the name of Estovers ontaineth House-bote, Hay-bote, and Plowbote, and Plowbote: as if he have in his grant these general words: D● rationabili esto verio in bos●is, etc. he may thereby claim these three. Estrepement, or Estrepament, (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 Edw. 1. cap. 13. And it may seem by the derivation, that Estrepament is properly the unmeasurable 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 nutilare) 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 atatem, 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, sued 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 Fitzherbert nat. br. fol. 60. & 61. See the Register orig. fol. 76. and the Register, judicial. fol. 33. Estreat (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 amercements or penalties set down in the Rolls of a Court, to be levied by the Bailiff or other Officer, of every man for his offence. See Fitzh. nat. br. fol. 57 H. I. K. & 76. A. And so it is used Westm. 2. cap. 8. anno 13 Ed. 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 Estrajes in the Forest, anno 27 H. 8. cap. 7. New book of Entries. verbo Trespass c●●icernant estrey. EV 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. EX Examiner in the Chancery, or Star-chamber, (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 Bracton, 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 Warrantee, value for value, if the Land warranted be recovered from the Warrantee. Bracton, lib. 2. cap. 16. & lib. 1. cap. 19 It signifieth also generally as much as (Permutatio) with the Civilians, as the King's Exchange, anno 1 Hen. 6, cap. 1, & 4. & anno 9 Edw. 3. statut. 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 appeareth by anno 1 Henrici 6. cap. 4. Exchequer, see Exchequer. Excheator, see Escheator. Excommunication (excommunicatio) is thus defined by Panormitan: Excommunicatio est nihil aliud quàm censura a Canone vel Judice Ecclesiastico prolata & inflicta, privans legitima communione sacramentoram, & quandoque hominum. And it is divided in majorem & minorem. Minor est, per quam quis à Sacramentorum participatione conscientia vel sententia arcetur. Major est, quae non solùm à Sacramentorum, verùm etiam fidelium communione excludit, & ab omni actu legitimo separat & dividit. Venatorius de senten. excom. Excommunicato capiendo is a Writ directed to the Sheriff for the apprehension of him who 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. Fitzh. 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 Sheriff, for the delivery of an excommunicate person out of prison, upon certificate from the Ordinary, of his conformity to the Jurisdiction Ecclesiastical. See Fitzherb. 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. Regist. orig. fol. 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 that formerly hath conveyed out of the County the of another; so that the Bailiff having authority from the Sheriff to Replevy the so conveyed away, could not execute his charge. Reg. orig. 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. Edw. Coke, vol. 6, casu Blumfield, fol. 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 Lan is, 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, ibid. Executor (executor) is he that is appointed by any man in this last Will and Testament, to have the disposing of all his substance according to the con●ent of the said William. 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 fare a 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, lib. 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 foe 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 Devisour entereth into them, and detaineth them from him. Register original, fol. 244. Old Natura brevium, fol. 87. See Fitzherb. nat. br. fol. 198, L. Exigendarie of the Common bank (Exigendarius de banco communi) is otherwise called Exigenter, anno 10 Hen. 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 Sheriff, to proclaim and call five County days one after an other, charging him to appear under the pain of Outlawrie. Terms of the Law. This Writ lieth also in an indictment of Felony, where the party indicted cannot be found. Smith de republs. Angl. lib. 2. cap. 19 It seemeth to be called an Exigent, because it exacteth the party, that is, requireth his appearance or forthcoming to answer the Law, for if he come not at the last day's proclamation, he is said to be quinquies exactus, and then is outlawed. Cromptons' Jurisd. fol. 188. And this M. Manwood also setteth down for the Law of the Forest, part. 1. of his Forest laws, pag. 71. See the new book of Entries, verbo Exigent. Exigenter (Exigendarius) anno 18 Hen. 6. cap. 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 Supersede ●s, as well as the Pronotaries, 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 suggestion. Kitchen, fol. 152. 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. Ex parte latis, is a Writ that lieth for a Bailiff or Receiver, that having Auditots assigned to hear his account, cannot obtain of them reasonable allowance, but is cast into prison by them. Regist. fol. 137. Fitzh. nat. brev. fol. 129. The manner in this case is to take this Writ out of the Chancery, directed to the Sheriff, to take four Mainpervours to bring his body before the Barons of the Exchequer at a day certain, and to warn the Lord to appear at the same time. New Terms of the Law, verbo 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 Frankmarriage, 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 Fee expectant. Kitchen, fol. 153. Matthaeus de afflict is useth the Ad; ective (expectativa) substantively in the same signification, Descis. 292. num. 2. p. 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 three shillings four pence, Cromptons' Jurisdict. fol. 152. M. Manwood useth the same word, parte prim. of his Forest Laws, pag. 205, and pag. 212. he setteth down the manner of expeditating Dogs heretofore, viz. Quòdtres ortell; abscindantur sive pellota de pede anteriori; that is, that the three claws of the forefoot 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 Master Crompton and he differ; the one saying that the ball of the foot is cut out: the other, that the three fore-clawes are pared off by the skin. Expensis militum levandis, is a Writ directed to the Sheriff, for levying allowance for the Knights for the Parliament. Regist. orig. fol. 191. b. Expensis militü non levandis ab hominibus de antiquo dominico, nec à nativis, is a Writ whereby to prohibit the Sheriff from levying any allowance for the Knights of the Shire, upon those that hold in ancient Demesn, etc. Reg. 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 Obligor may in time be paid his debt. The course and circumstances of this see in Fitz. h. 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 divers cases, which see in the Table of the Register original. Extent (extenta) hath two significations, sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands, or Tenements. Register judicial, in the Table of the Book. Sometime the Act of the Sheriff or other Commissioner upon this Writ. Brook, 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 afterward 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 terrifying any the King's 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 toll in milner's, excessive prizes of Ale, Bread, Victuals, Wares, etc. West. parte 2. Symbol. titulo Indictments, Sect. 65. M. Manwood saith, that Extortion is Colore officii, and not virtute officii, parte 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 Sheriffs, 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 officii, & virtute vel ratione officii. Blow. casu. Dives, fol. 64. a. This word is used in the same signification in Italy also. For Cavalcanus de brachio regio, parte 5. num. 21. thus describeth it: Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum, vel quod est ultra debitum: vel ante tempus petit id, quod post administratam justitiam debetur. Extreats. See Estreats. Eyre. See Eire. FA. 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 Banes first asked; to hold two, or more Ecclesiastical Live; 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 Synonyma 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, alias Feire, (feria) cometh of the French (feire) 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 seemeth 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, anno 17 Ed. 4. cap. 2. & anno 1 R. 3. cap. 6. Fair-pleading, see Beaw-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 Vagabond. Falk-land, alias Folk-land. See Copyhold, and . False imprisonment (falsum imprisonamentum) is a trespasse● committed against a man, by imprisoning him without lawful cause: it is also used for the Writ which is brought upon this trespass, Fitzh. nat. br. fol. 86. K. & 88 P. v. Broke h. t. See the new book of Entries, verbo False imprisonnement. Falso judicio, is a Writ, that lieth for judgement given in the County, Hundred: Court Baron, or other Courts, being no Court of Record, be the Plea real or personal, Regist. orig. fol 15. Fitzh. nat. br. f l. 17. See the new book of Entries, verbo False judgement. False prophecies. See Prophecies. Falso re●urno brevium, is a Writ lying against the Sheriff for false returning of Writs, Reg. ●●dic. fol. 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 Coin used in ancient times, containing in value the fourth part of a Noble, viz. twenty pence silver, and in weighth the sixth part of an ounce of gold, that is, of five shillings in silver, which is three pence and something more. This word is found, anno 9 H. 5. statut. 2. cap. 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, alias Farundel of Land (Quadrantata terrae) signifieth the fourth part of an Acre, Cromptons' Jurisdict. f. 220. Quadrantata terrae is read in the Regist. orig. fol. 1. b. where you have also Denariata & obolata, solidata & librata terrae; which by probability must rise in proportion of quantity from the farthing deal, as an half penny, penny, shilling, or pound rise in value and estimation: then must obolata be half an acre, denariata an acre, solidata twelve acres, and librata twelve score acres. And yet I find viginti libratas terrae vel reditus. Register orig. fol. 94. a. & fol. 248. b. Whereby it seemeth that Librata terrae is so much as yields twenty shillings per annum; and centum solidatas terrarum tenementorum & redituum, fol. 249. a. And in Fitzherb. nat. br. fol. 87. f. I find these words, viginti libratas terrae vel reditus, which argueth it to be so much Lands 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. FE Fealty (Fidelitas) cometh of the French fault, i. fides; and signifieth in our Common law, an oath taken at the admittance of every Tenent, 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 Republ. Anglor. lib. 3. cap. 8. for fidelitas est de substantia feudi, as Duarenus saith, the feud. cap. 2. num. 4. and Matthaeus de afflictis decis. 320. num. 4. pag. 465. saith, that fidelitas est substantiale feudi, non servitium. The particulars of his oath, as it is used among the Feudists, you may read well expressed by Zasius in his Tractare de feudis, parte 7. num. 15, & 16. which is worth the comparing with the usual oath taken here in our part of Brittany. This fealty is also used in other Nations, as the Lombard's and Burgundians. Cass●nae us 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 Tenent 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. & Wesenbecins in tract. de feudis, cap. 15. num 4. & seq. Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur. Hoteman in his Commentaries De verbis feudalibus) showeth a double fealty: one general, to be performed in 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 Custumary 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 sc. ei innocuos in omnibus & fideles exhibere, nec aliquid ipsum incommodi procurare: nec ejus inimic is praebere, contra ipsum consilium vel juvamen: & 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 homagium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate. Quod etiam est in eorum receptbone specialiter exprimendum. Inter Dominos autem alios & homines fides taliter debet observari, quod neuter in personam alterius person●lem violentiam, seu percutionis injectionem cum violentia, debet irrogari. Si quis enim eorum ex hoc fuerit accusatus in curia & convictus, feudum omne debet amittere, etc. This fealty special is with us performed either by Freemen 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. shall be 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 shall be true and faithful, and shall owe you fealty for the Land that I hold of you in Vilienage, and shall be justified by you in body and goods: So help me God and all his Saints. See the Regist. orig. fol. 302. a. Fee (Feodum, alias Feudum) cometh of the French (fief, i. praedium beneficiarum, vel res cliextelaris) and is used in our Common law, for all those lands which we hold by perpetual right: as Hotoman well noteth, verb. Feodum, de verbis feudalibus. Our ancient Lawyers, either not observing whence the word grew, or at 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 cujus nomine opera quaedam gratiae testificandae causa debentur, Hot. disput. cap. 1.) And by this name go all Lands and Tenements, that are held by any acknowledgement of any superiority to a higher Lord. They that writ 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 à privativa particula, & laudum vel laudatio, ut sit praedium cujus nullus author est nifi deus. Est enim laudare vel Novio teste, nominare. Quod & Budaeus docuit ad Modestinum. 1. Herennius 63. π. de hear. institut. Prataeus, verbo Allaudium. Hotoman in verb. feud.) Feudum is that, which we hold by the benefit of another, and in the name whereof we own 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 the Ancestors, and many another hath dearly bought land 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 any Land, but the Prince in the right of his Crown. Cambd. Britan. pag. 93. for though he that hath Fee, hath jus perpetuum & utile domixium: yet he oweth a duty for it: and therefore is it not simply his own. Which thing I take those words, that we use for the expressing of our deepest rights 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 for ever: yet not simply mine, because I hold it in the nature of a benefit from another, yet the statut an. 37 H. 8. c. 16. useth these words of lands invested in the Crown: but it proceedeth from the ignorance of the nature of this word (Fee for see cannot be without fealty sworn to a superior, as you may read partly in the word (Fealty) but more at large in those that writ 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-lands be called Fee: the other as it holdeth of another, which is, and must be far from our Crown. Britton c. 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. Fletz, 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 ejus qui feoff at, & quod quis tenet ab alio sicut dicitur: talis tenet de tali tot seuda per servitium militare, lib. 5. cap. 5. §. Feudum autem. And all that writ de feudis, do hold that (Feudataerius) 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 feud. cap. 2. num. 133. The divisions of fee in divers respects are many, and those though little known to us in England, yet better worthy to be known, than we commonly think. But for our present purpose, it is sufficient to divide Fee into two sorts, Fee-absolute otherwise called Fee-simple, and Fee-conditional, otherwise termed Fee-tail. Fee simple (Feudum simplex) is that whereof we are seiled in these general words, To us and our Heirs for ever. Fee-tail, Feudum taliatum, 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, cap. 2. lib. 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 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 Westminster 2. cap. pri. which was made anno 13 Edw. 1. Yet see Bracton, lib. 2. cap. 5. num. 3. in his verbis: Item quaedam absoluta & larga, & quaedam stricta & coarctata, sicut certis haeredibus. To whom add Plowden, casu Willion, fol. 235, a, b, & seq. 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 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, shall be 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 Chivalries 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 sometimes 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, eod. fol. 6. Old nat. brev. 41. Foster in Fee, eod. fol. 6. Rend granted in fee, eod. fol. 8. Sheriff in fee, anno 28 Ed. 1. stat. 3. cap. 8. Lastly, Fee signifieth 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. num. 2. pag. 417. See expectant. Fee-ferm (fendi firma) is acompound of Fee, whereof see (Fee) and (farm, i. colonia, villa praedium, rusticum) of (Farm) cometh (Fermier du Prince, i. manceps, redemptor publicorum vectigalium, Publicanus) Fee-ferm signifieth in our Common law, land held of another in Fee, that is in perpetuity to himself and his Heir, for so much yearly rent, as it is reasonably worth, more or less, so it be the fourth part of the worth, old tenors. See exposition of the Statute of Gloucester, anno 6 Edw. 1. 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 cap. 66. num. 4. but observe out of West. symbol. parte 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 Fee-ferm 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 diunique ipsis qui conduxerunt, veque iis qui in locum eorum successerunt, auferri cum liceat, li. 1. π. si ager vectigalis, etc. Feed (feida, alias faida) signifieth in the Germane tongue, Guerram, i capitales in micitias vel bellum, Hotoman disputat. de feudis, cap. 2, b. Foemina dic●tur 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 significa. verbo Affidatio. Master Lambert in his exposition 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 pates of England, is the same, 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, i. impetuositas, atrocitas, immisericordia. Felonia saith Hotoman, de verbis feudalibus, non praescisè contumaciam vasalli in dominum, hujusve in vasallum perfidiate (significat, ver in quodvis capitale facinus. And again, Felonia Gothis & Longobardis dicitur quod Germanis body Schelmarey, Litinis Scelus. Sir Edward Coke saith thus, Ideo dicta est felonia, qua fieri debet felleo animo, li. 4. fol. 124. b. Hostiensis in sua summa, titulo De Feudis. And others speak of this to this effect: Felonia, aliâs falonia, est culpa vel injuria, propter quam vassallus amittit feudum. Sed haec respicit Dominum fendi. Est & alia fallonia quae non respicit Dominum: sc. quando vassallus interficit fratrem vel filium suum, vel filium fratris, vel aliud crimen commi sit quod pa ric dii appellatione continetur, & plures aliae fallonlae tam resp. cientes Dominum, quàm alios propter quas feudum amittitur ●bi notantur. 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 lighter offences by this, that the punishment thereof is death. Howbeit 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 Coren. 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 Cromptons' in hi-Justice of Peace, fol. 32. etc. Felony is also punished by loss of Lands not entailed, and goods or chattels, 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 wh●re a Statute ordaineth an offence to be Felony and yet withal saith, that it shall not work corruption of blood. As anno 39 Elizab. cap. 17. How many ways Felony is committed, See Cromptons' Justice of peace, pag. 32, etc. Feyr, 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 parte prim. of his Forest laws, pag. 80. 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. Fennycric, or rather Fene-greek (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 Gerard's Herbal. lib. 2. cap. 48;. The feed thereof is reckoned among drugs that are to be garbled, anno 1. Jacob. cap. 19 Feoffment (feoffamentum) by the opinion of S. Tho. Smith de Repub. Anglor. lib. 3. cap. 8. and M. West parte 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, Manors, Messages, Lands, or other corporeal and immovenble things of like nature, unto another in Fee-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 Feoffour (feoffator,) and he that receiveth by virtue thereof, the Feoffee (feoffatus) and Litleton saith, that the proper difference between a Feoffour and a Donour is, that the Feoffour giveth in Fee-simple, the Donour in Fee-tail, lib. 1. cap. 6. feodary, aliás, 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 Escheatour 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, within 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 qui●tantiam murdri in exercitu. Fleta, libr. pri. 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 judgement of the Reader. How many ways ferm is taken, See Plowden, casu Wrothesley, fol. 195. a. b. feudary. See feodary. FI 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 Sheriff, to command him to levy the Debt, or the Damages, of his goods, against whom the recovery was had. This Writ hath beginning from West. 2. c. 18. anno 13 Ed. 1. See Old nat. br. fol. 152. See great diversity thereof in the Table of the Register Judicial. verbo Fieri fashions. Fifteenth (Decimaquinta) is a tribute, or imposition of money laid upon a 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 all 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, nust 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. Cambden hath many mentions in his Britannia. In stead of the rest, take a few, pag. 168. of Wells in Somersetshire he writeth thus: Quo tempore, ut testatur censualis Angliae liber, Episcopus ipsum oppidum tenuit, quod pro quinquaginta hidis geldavit: And pag. 171. of . Geldabat pro viginti hidis, quando Schira geldabat. Thirdly, pag. 181. of old Sarisbury thus: Pro quinquaginta hidis geldabat. And these rates were taken out of Doomsday 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 Quinsieme. Filazer (filazarius) cometh of the French Filace, i. filum filacium. It is an officer in the Common pleas, whereof there be fourteen in number. They make o●t 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 or 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 fafe keeping of them. Finders, anno 18 Edw. 3. stat. 1. cap. unico. anno 14 Rich. 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: sometimes 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. parte 2. symbol. 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 & licemia Domini Regis, vel ejus Justiciariorum. And lib. 9 cap. 3. Talis concordia finalis dicitur, eo quod finem imponit negetio, adeo ut neutra pars litigantium ab eo de ●●tero poterit recedere. And out of Bracton, lib. 5. tract. 5. cap. 28. num. 7. thus; Finis ideo dicitur finalis concordia, quia imponit finem litibus, & est exceptio per emptoria. 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 immediatè pertinet ad Regem querela finis factae in curia Domini Regis, & non observata. Et est ratio, quia nemo potest finem interpretari nisi ipse Rex, in cujus curia fines fiunt. See also, anno 27 Ed. prim. stat. prim. cap. 1. The Civilians would call this solemn contract, transactionem judicialem 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 & recorded before a competent Judge, touching some hereditament or thing , 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 Intails, 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 ex-expresly excepted (if it be levied upon good consideration and without covine) 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 Eliz. cap. 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, et S. et Euxorem ejus, deforciantes, etc. Fiftly, the foot of the fine, which beginneth thus: Haec est sinalis concordia facta in Curia domini Regis, apud West. 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 vol. 6. casu Teye, fol. 38, et 39 This fine is either simgle or double: A single fine, is that by which nothing is granted or rendered back again by the Cognizees to the Cognizours, or any of them. A double fine containeth a grant & 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 jus 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 Cognizor, Coke Reports, lib. 3. the case of sins, fol. 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 Cognizees, 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 sue 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 lan is passed thereby: for in this case such fines do inure by way of extinguishment of right, nor altering the estate of 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 payr 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 yields to pass the Fine before the Judge, and so the acknowledgement being recorded, the Cognizour 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 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 Dyer, fol. 179. num. 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 Manor. In which case, a man is said, facere finem de transgressione cum Rege, etc. Register Jud. fol. 25. a. and of the diversity of these Fines, with other ma●ter worth the learning, see Cromptons' Justice of peace, fol. 141. b. 143.144. and Lamberds Eirenarcha, libr. 4. cap. 16. pag. 555. But in all these diversity 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, lib. 2. cap. 15. num. 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 Eyr 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. cap. 18. There is also a Common fine in Leets. See Kitchen, fol. 13. a. v. Common Fine. See Fleta, lib. 1. cap. 48. Fines pro licentia concordandi, anno 21 H. 8. cap. 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 contrefa●ct fin, i. nihil simulatum aut ad imitationem alterius expressum, potest esse exactum, vel ita absolutum, quin reprehensionem vel offensionem incurrat, as it is set down in that work, truly regal, entitled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. pag. 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. cap. 12. in Perkins Dower. fol. 321. and Plowden, fol. 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 holden in ancient demesn, to the prejudice of the Lord, Regist. orig. 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, etc. to be remitted his imprisonment; and his lands and goods to be re-delivered unto him. Reg. orig. fol. 142. 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 land, holding in capite, Reg. orig. fol. 167. a. Fine non capiendo pro pulchre placitando, is a Writ to inhibit officers of Courts to take fines for fair pleading, Reg. orig. fol. 179. See pleader. Fine pro redisseisina capienda, etc. is a Writ, that lieth for the release of one laid in prison for a re-disseisin, upon a reasonable fine, Reg. original, fol. 222. Finarie. See Blomarie. Finours of gold and silver, be those that purify, and part those Merals from other coar●er, by fire and water, anno 4 H. 7. cap. 2. They be also called Patters in the same place, sometime Departers. Fire-bote, for the composition look Hay-boot. It signifieth allowance or Estovers of Woods, to maintain competent fire for the use of the Tenent. 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 an. 26 H. 8. cap. 3. translated to the Prince, for the ordering whereof, there was a Court erected, anno 32 H. 8. cap. 45. but this Court was dissolved anno pri. Mar. sess. 2. cap. 10. and since that time, though those profits be reduced again to the Crown by the Statute anno 1 Eliz. cap. 4. yet was the Court never restored, but all matters therein wont to be handled, were transferred to the Exehequer. See Annats. Fishgarth, anno 23 H. 8. cap. 18. Fitche. See Fur. Fitzherberd, was a famous Lawyer in the days of King Henry the eighth, 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. FL Fledwit, cometh of the Saxon word (Fled) that is a fugitive, & (wit), which some make but a termination signifying nothing of itself: howbeit others say, it signifieth a reprehension, 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. Rastal. Exposition of words: or being licenced: New Terms of Law. See Bloodwit, and Childwit: See Fletwit. Fleet (Fleta) a famous prison in London, so called (as it seemeth) of the River, upon the side whereof it standeth, Cambden 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 unwilling to satisfy their Creditors. Flemeswit, or rather (Flehenswit) 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 or amercements of your man a fugitive: Rastal, Exposition of words. See Bloodwit. Fleta writeth this word two other ways, as Flemenes frevie, or Flemesfreict he, and interpreteth it, habere catalla fugitivorum: lib. 1. cap. 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 Edward the seconds time, and Edward the thirds, idem lib. 1. cap. 20. §. qui ceperint, lib. 2. cap. 66, §. item quod nullus. Fletwit aliâs Fredwit, Skene de verborum significatione, verb. Melletum, saith, that Flitchtwit is a liberty to Courts, and to take up the amercements pro melletis, he giveth the reason, because Flitcht is called Flitting, in French Melle, which sometime is conjoined with handstroke. And in some books, Placitum de meltis is called, the moot or plea of beating or striking. Flight, see Finer. Florence's, an. 1 R. 3. cap. 8. a kind of cloth so called. Flotson, aliâs Flotzam is a word proper to the Seas, signifying any goods that by shipwreck be lost, and lie floating or swimming upon the top of the water, which which 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 vo. 6, fol. 106. a Lagon, aliâs Lagam, vel Ligan, is that which lieth in the bottom of the Sea. Coke ibid. Shares are goods due to more by proportion. FOYES Fodder (fodrum) signifieth in our English tongue, a corpse kind of meat for Horses; and other . But among the Feudists it is used for a prerogrative that the prince hath, to be provided of corn and other meat for his horses by his subjects, toward his Wars or other expeditions. Arnoldus Clapmarius, de arcunis Imperii, lib. 1. cap. 11. And read Hotomaa, de verbis feudalidus, literaf. Folgheres, or rather Folgers, be followers, if we interpret the word according to the ●rue signification. Bracton saith it signifieth, Eos qui alii deserviunt, Lib. tertio, tract. 2. cap. 10. Folkmoot, is a Saxon word, compounded of Folk, i. populus, and Gemeitan, i. convenire. It signifieth (as M. Lambe●t saith in his exposition of Saxon words, verbo Conventus) two kind of courts, one now called the County court, the other called the Sheriffs Turn. This word is still in use among the Londoners, and signifieth, celebrem ex omni civitate conventum. Stow in his Survey of London. But M. Manwood in his first part of Forest laws, pag. 111. hath these words: Folkemore 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, anno 9 Rich. 2. ca 2. Force (forcia) is a french word, signifying (vim, nervositatem, fortitudin●m, 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, Indictments, 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 another man's possession, without doing any other unlawful act here. 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 forceable entry, forceable detaining, unlawful assembly, Rowtes, Riots, Robellions, etc. Forceable 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 elsewhere, by which the Lawful entry of Justices or others, is barred or hindered, West. parte 2. symb. titulo, Inditements. Sect. 65. M. of this see Cromptons' Justice of pe. ce. fol. 58. b. etc. usq. ad. 63. Forcible entry (Ingressus, man forti factua) is a violent actual entry into a house or land, etc. or taking a distress of any person weaponed, whether he offer violence or fear of hurt to any there, or furiously drive any out of the possession thereof: West. par. 2. symb. titulo, Indictments. sect. 65. L. of this see Cramptons' Justice of peace f. 58. b. 59 etc. usq. 63. It is also used for a writ grounded upon the Stat. a●. 8. H. 6. c. 9 whereof read Fiaz. nat. br. at large f. 248. See the new book of Entries, verbo Forcible Entry. See Lamb. definition in ●emain ●as●●s. Firen. l. 2. ca 4. pag. 145. Forem (fa●infocus) cometh of the French (foreign, i. exterus, extornus.) it is used adjectively 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. co. fol. 154. or matter done in another County. Kitchen, fol. 126. For. inplea, (forinsecum placi●um) is a refusal of the Judge as incompetent, because the matter in hand was not within his precincts: Kitchen foe 75. & an. 4. H. 8. cap. 2. & anno 22 ejusdem, cap. 2. &. 14. Foreign answer, that is, such an answer as is not triable in the County where it is made, an. 15. Han. 6. ca 5. Foreign service (forinsecum servitium) that is, such service, whereby a mean Lord holdeth over of another, without the compasie of his own fee. Broke●titulo Tenors, foe 251. num. 12. et 28. et Kitchen fol. 209. or else that which a Tenent performeth either to his own Lord, or to the Lord paramount one of the fee. For of these services Bracton speaketh thus: lib. 2. cap. 16. n●. 7. Item su●t quedam forvitia, quae dicuntur forinsoca, 〈◊〉 sunt in charta de feoff mento expressa et nominata: et quae ideo dici possut forinfeca, quia perti nent ad Dominum R●gem, et non ad Dominum capitalem, nisi cum in propria persona profectus fuerit in servi●i●: volnisi cum pro servitio suo satisfecerit domina Regi quocu● que modo, et fiunt 〈◊〉 certis temporibus; cum casus et necessitas evene●it, et varia habent nomina et divorsa: Quando● enim vominantur fori●s●●a, Largè sumpto vocabitlo, quo ad sorvitium Domint Regis; quandoque scutaginm, quandoque servitium Domini Regis, et ideo forinsecum dici potest, quia saint at capitur foris, sive extra servitium quod fit Domino capitali. v. Brooke, Tavuras 28.95. Fore in service seemeth to be Knights service, or Escuage uncertain. P●rkins Reservation 650. Foreign attachment, Attachiamentum forinsoeum, is an attachment of foreiners goods found within a Liberty or City for the satisfaction of some Citised to whom the said foreiner oweth money. Foreign apposer, (forinsecarum oppositor) is an officer in the Exchequer, to whom all Sheriffs and Bailiffs do repair, by him to be opposed of their green wax, and from thence draweth down a charge upon the Sheriff and Bailiff to the Clerk or the pipe. Forest (foresta) is a French word signifying a great or vast wood. Lieu forestier et sauvage: locus-sylvestris et saltuosus. The writers upon the Common law define it thus: Foresta est locus ubi ferae inhabitant vel includuntur. Gloss. in ca cum dilecti. extra. de donatio, et Felinus in cap. Rodulphus, versu, quid antem 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. Manwood, in his second part of Forest Laws, ca 1. nu. 1. thus defineth it: A forest is a certain territory of woody grounds and fruitful pastures, privileged for wild beasts, and fouls of forest, chase, and warren, to rest and abide in in the safe protection of the King, for his princely delight and pleasure: which territory of ground so priulieged, is meered and bounded with unremovable marks, meers, 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 and 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, parte 1. pa. 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 2 book of Kin. ca 2. ver. 24. & ca 19 ver. 23. and the 104 Psalms, vers. 20. the 131. vers. 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, than 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 persons, for the view, perambulation, meering and 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 beasts within that precinct, without the King's special licence, after which he appointeth ordinances, laws & officers, fit for the preservation of the vert & venison: & 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 & 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 be a justice in Eire for the forest, but the King, par. 1. pag. 87. The second property be the Courts, as the Justice sent every three years, the Swainmoot thrice every year, Idem eod. pag. 90. et parte 2. ca 1. nu. 4. et 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 Foresters, 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 Master Manwood part 1. pa. 144. and Master Crompton, pa. 146. is the Swainemore? which, as they both agree, is no less incident unto it, than the court of Pie owders 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 nothing of a forest remaining but it is turned into the nature of a Chase. See Chace. I read of thus many forests in England: The forest of Windsor in Berkshire, Cambd. B●it. pag. 213. of Pickering, Crompt. 190. of Shirwood, idem, fol. 202. of Englewood in Cumberland, an. 4. Hen. 7. ca 6. and Crompton fol. 42. of Lancaster, idem, fol. 196. of Wolmore, Stows Annals, pa. 462. of Gillingham, idem, pa. 113. Knaresborow, an 21. H. 8. c. 17. of waltham, Cambd. pa. 328. of Breden, idem, pag. 176. of Whitehart, idem, p. 150. of Wiersdale, idem pa. 589. & Lownesall, ibidem. of Deane, idem, pa. 266 & an. 8. H. 6. c. 27. & an. 19 Hen. 7. ca 8. of Saint leonard's in Southsex, Manwood parte 1. pa. 144. of Waybridge and Sapler, Idem, codem, pa. 63. of Whitvey, pa. 81. Of Fekenham, Camden pa. 441. of Rockingham, idem, pag. 396. Forest de la mer, idem, pag. 467. of Huckstow, idem, pag. 456. of Hay, Manwood parte 1. pa. 144. of Cants●lly, eadem pag. of Ashdowne in the County of Sussex, an. 37. H. 8. ca 16. Forests of Whittilwood and Swasie in the County of Northampton, an. 33. H. 8. cap. 38. Of Fronselwood in the County of Somerset, Coke li. 2. Cromwel's case, foe 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 the venison, attaching and presenting all trespassers against them, within their own bailiwick or walk: whose oath you may see in Crompton, foe 201. And though these letters parents be ordinatily granted, but quam diu bene se gesserint, yet some have this grant to them and their heirs, and thereby are called Foresters or fosters in fee: Idem fol. 157. & 159. and Manwood part 1. pag. 220. whom in Latin Crompton calleth Foresta rium feudi foe 175. Fore-judger, (forisjudicatio) 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, and juger, i. ●udicare. 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 forisjudicatur de custodia, etc. So doth Kitchen use it, fol. 29. and Old nat. brev. fol. 44, and 81. and the Stat. An. 5. E. 3. c. 9 & an. 21 R. 2. c. 12. Forjudicatus 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, l. 3 feud. Rub. 31. p. 625. Foregoers be Purveyors going before the King or Queen being in progress, to provide for them, anno 36. Ed. 3. c. 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 Eschears, anno 25 E. 3. ca 2. statut. de Proditionibus. Goods confiscate, and goods forfeited differ, Staw. pl. Co. f. 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 offendor as not his own, nor claimed by any other. I think rather, that forfeitute is more general, and confiscation particular, to such as forfeit only to the Prince's Exchequer. Read the whole chapter, li. 3. ca 24. Full forfeiture, plena forisfactura otherwise called plena vita, is forfeiture of life and member, and all else that a man hath. Manwood part 1. p. 341. The Canon Lawyers use also this word, For forisfactura sunt pecuniariae pocnae delinquentium. Glos. in c. Presbyteri. extrade poenis. Forfeiture of marriage (forisfactura maritagii) is a writ lying against him, who holding by Knight's service, and being under age and unmarried, refuses her, whom the Lord offereth him, without his disparagement; and marrieth another. Fitz. nat. br. fo. 141. H. I. K. L. Register original. fol. 163. b. Forseng, quietantiam prioris prisae designat: in hoc enim delinquunt Furgenses Londonenses, cum prisas suas ante prisas regis faciunt. Fleta. lib. 1. ca 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 on an anvil, to fashion, to bring into shape; and signifieth in our Common law, either him that frandulently 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. Fitz. nat. br. fo. 96. b, c, calleth it a writ of Deceit. See Terms of Law, verbo Forger, and west's Symb. 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 Cremen falsi, Nam falsarius est, qui decipiendi causa sc●ipta publica falsificat. Speculator. de crimine falsi. Falsicrimen propriè dicitur, quod utilitatis privatae causa factum est. Connanus, li. 5. ca 7. nu. 4. Ad esse falsitatis tria requir untur: mutatio veritatis, dolus, & quod alteri sit nocivum. Quorum si alterum desit falsitas non est pu ibilis. Hostiensis, et Azo in suis summis. Forister. See Forester. Formdon (Breve formatum donationis) is a writ that lieth for him, that hath right to any and's 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 donations, 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 the 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 Donour, in frank, marriage, and afterward alienated by the Donee. For after his decease his heir shall have this writ against the renent or alienee. Fitz. nat. br. fol. 211. He maketh three sorts or 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 dyeth, fo. 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 Goparcener or heir hath alienated and is dead. Formdon in the Reverter, lieth for the Donour or his heirs, where land entailed to certain and there issue, with condition for want of such issue to revert to the Donour and his heirs, against him to whom the Donee alienateth, after the issue extinct, to which it was entailed, Fitz. nat. br. fol. 219. Formedon in the remainder lieth where a man giveth lands in tail, the remainder to another in tail, and afterward the former tenant in tail dyeth without issue of his body, and a stranger abateth, than he in the remainder shall have this writ. Fitz. nat. br. f. 217. See the Register original, fol. 238, 242, 243. Of this, see the new book of Entries, verb. Formdon. Forsechoke, seems 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 recover them, doth in due presumption of Law disavow or forsake whatsoever right he hath unto them. See the Statute, anno 10. Edward. 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, expedice, explicare) or to show wares in a Market or Fair. It signifieth in our Common law, the buying or bargaining for any victuals or wates coming to be sold toward any Fair or Market, or from beyond the Seas toward any City, Port, Haven, Creek, or road of this Realm, and before the same be there, anno 51. H. 3. stat. 6. West. parte 2. Symbol. titulo indictments, sect. 64. Forstaller, in Crompton● Jurisdiction fol. 153. is used for stopping of a Dear broker 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, Cattell, 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 viae vel impedimentum transitus & fugae averiorum. lib. 1. cap. 47. Fortescue was a learned Lawyer, and Lord chancellor in Henry the 6. days; who writ a book in the commendation of our Common Laws. Fortlet (forte letum) cometh near the French (fortlet, 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. quaest. sect. 12. num. 7, & 8. Father, is a weight of twenty hundred, which is a wain or cart load. Speight in his Annot. upon Chawcer. Fourche (Afforciare) seemeth to come of the French (Fourchir, i. ti●ubare lingua) and signifieth in our Common law, a putting off, prolonging, or delay of an action. and it appeareth no unpleasant Metaphor: for as by stammering, we draw out our speech, not delivering that we have to say in ordinary time, so by fourching we prolong a suit that might be ended in a shorter space. To fourch by essoin, Westm. 1. cap. 24. anno 3. Edw. pri. where you have words to this effect: Coparceners, Jointenants, and Tenants in common, may not fourch by essoin, to essoin severally, but have only one essoin, as one sole tenant may have. And anno 6. Edw. 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 footgeld is a privilege to keep dogs within the Forest, unlawed, without punishment or controlment, Cromptons' Jurisd. fol. 197 Manwood parte 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 pour. FR Franthise (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, Crompt. Jurisd. fol. 141. that is belonging to a person immediately, or else by means of this or that place, or Court of immunity, whereof he is either chief, or a member. In what particularly things franchises commonly consist, See Britian, cap. 19 Franchise royal anno 15. R. 2. ca 4. et 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, anno 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. Frank almoin (libera Eleemozyna) in french (frank Ausmone) signifieth in our Common law, a tenure or title of lands. Britton cap. 66. num. 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 Costumary 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 almoin. 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 Feoffour, Britton ubi supra. Frank bank (francus bancus) in true french (franc bank 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, quod uxores maritorum defunctorum habeant francum bancum suum de terris sockmaxnorum, et tenent nomine dotis, Fitz. calleth it a custom, whereby in certain Cities the wife 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 fee 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 Demesn, Cromptons' Jurisdictions, fol. 187. Frank fee (feudum francum, seis liberum) is by Broke tit. Demesn. num. 32. thus expressed: That which is in the hand of the King or Lord of any Manor, being ancient demesn of the Crown (viz. the Demesns) is called frank fee, and that which is in the hands of the tenants, is ancient demeasn only: see the Register orign. fol. 12. a. Whereby it seemeth, that that is frank fee, 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 manor. 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, nat. 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 tenure in fee simple, of lands pleadable at the Common law, and not in ancient demesn: See Fachineus, li. 7. c. 39 who defineth it feudum francum esse, pro quo nullum servitium praestatur Domino: with whom agreeth Zasius de feudis parte 12. saying, that therefore it is fedum improprium, quia ab omni fervitio 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 feoment. Britton ca 66. num. 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 testifying 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 chattels must 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 2 fol. 59 Conspiracy. F. 11.24 Edw. 3. fol. 34. See Conspiracy. Frank marriage (liberum maritagium) is a tenure in tail special, growing from these words in the gift comprised: Sciant etc. me M. H. de W. dedisse & concessisse, et praesenti charta mea confirmasse I. A. filio meo, & Margeriae uxori ejus, filiae verae T. N. in liberum maritagium unum messuagium, etc. West. parte 1. Symb. 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 fealty to the donour, until the fourth degree. See new terms of law. Glanvile li. 7. ca 18. & Bracton li. 2. ca 7. num. 4. where he divideth maritagium, in liberum & servitio obligatum. See Marriage. Fleta giveth this reason why the heirs do no service until the fourth descent, ne donatores vel eorum haeredes per homagum receptionem, à reversione repellantur. And why in the fourth descent and downward, they shall do service to the donour, quia in quarto gradu vehementer praesumiter, quod terra non est pro defectu haeredum donatariorum reversura, libro tertio. ca 11. in princ. Frank pledge (franciplegium is compounded of (frank, i. liber) and (pleige, i fidejussor) and signifieth in our Common law, a pledge or surety for freemen. For the ancient custom of England for the preservation of the public peace, was, that every free born 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 forth coming 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 Sheriffs, at every county court, did from time to time take the oaths of young ones, as they grow to the age of 14 years, and see, that he were combined in one dozen or another whereupon this branch of the Sheriff's authority was called visus Franciplegii, view of Frank pledge, See the stat. for view of Frank pledge made an. 18. E. 2. See Decennier, Leetview of Frank pledge, & 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, lib. 1. ca de la veneu des francs pleges, and what these articles were in ancient times, see in Fleta lib. 2. cap. 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 & 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. Edw. 6. ca 14. Free chapel of Saint Martin le grand. an. 3. Ed. 4. capite quarto, et an. 4. E. quarti c. 7. Free hold (liberum tenementum) is that land or tenement, which a man holdeth in fee, fee tail, or at the least, for term of life, Bract. lib. 2. ca 9 The new expounder of the Law terms saith, that freehold is of two sorts. Freehold in deed, and freehold in law: Freehold in deed, is the real possession of land or tenements in fee, fee tai● or for life. Freehold 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 in fee, 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 other, cap. 32. Freehold is sometime taken in opposition to villainage. Bract. lib. 4.37. & 38. M. Lamberd (in his explication of Saxon words, verbo Terra & 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 fare better conditions, and by the better sort of tenants, as Noblemen 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 libe 'em 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 freeholders', but as freeholders' for their time, that is, until they have gathered profits to the value of their debt. Freeholders in the ancient Laws of Scotland, were called Milites. Skene de verb. signif. verb. Milites: The D. and Student saith, that the possession of land, after the law of England is called frank tenement, or freehold. fol. 97. a. Frenchman (Francigenia) was wont to be used for every outlandish man. Bracton, li. 3. tract. 2. cap. 15. See Englerecy. Frendwite, vel Infeng. significat quietantiam prioris prisae ratione convivii, Fleta, lib. 1. cap. 47. Friendless man, 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 friend as after certain days. Nam forisfecit amicos. Bract. lib. 3. tract. 2. ca 12. nu. 1. whose words are these. Talem vocant Angli (utlaugh) & alio nomine antiquitus solet nominari, sc: Friendless man: & sic viaetur quod foris fecit amicos: & unde si quis talem post utlagariam & expulsionem scienter paverit, receptaverit, vel scienter communicaverit aliquo modo, vel receptaverit, vel occultaverit, eâdem paenâ puniri debet, quà puniretur utlagatus: ita quòd careat omnibus bonis suis & vita, nisi Rex ei parcat de sua gratia. Fresh disseisin (Frisca disseisina) cometh of the french (Fraiz. i. recens) & disseisir i. possessione e●cere) It seemeth to signify in our Common law, that disseisin that a man may seek to defeat of himself & by his own power, without the help of the king or Judges, Britton. c. 5. and that such desseisin, as is not above 15. days old. Bract. lib. 4. cap. 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, West. 2. ca 45. an. 13. Ed. 1. Fresh force (frisca fortia) is a force done within forty 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 forty 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 offendor, as never ceaseth from the time of the offence committed or espied, until he be apprehended. And the effect of this, in the pursure of a Felon, is, that the party pursuing shall have his goods restored him again: 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 sure 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 Coke reports, lib. 3. Rigew. i●s case. Fresh suit, seemeth to be either within the view or without: for M. Manwood saith, that upon fesh suit within the view, Trespassers in the Forest may be attached by the officers pursuing them, though without the limits and bounds of the Forest, part 2. cap. 19 num. 4. fol. 121. Froborgh, alias Fridburgh, alias Frithborg (Frideburgum) cometh of two Saxon words (Freo, i. liber, ingenuns) and (borgh, i. fidejussor) or of (Frid, i pax, and (Borgha, 1. 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 et maxima securitas, per quam omnes statu firmissimo sustinentur: viz. ut unusquisque stabiliat se sub fidejussionis securitate, quam Angli vocant (Freeborghes) soli tamen Eboracenses, dicunt eandem Tienmannatale) quod sonat latine decem hominum numerum. Haec securitas hoc modo fiebat, quod deomnibus villis totius regni sub decennals fidejussione debebant esse universi: ita quod si unus ex decem forisfecerit, novem ad rectum eum haberent: quod 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 suo, justitia fieret. Sed si infra praedictum terminum invenire non posset, etc. 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, & hujusmodi libertates, milites suos & proprios servientes, armigeres sc. dapiferos, & pincernas, camerarios, coquos, pistores, sub suo Fridburgo habere debent. Item & isti suos Armigeros, & alios sibi servientes. Quod si cui forisfecerint, ipsi domini sui habeant eos ad rectum, & si non habucrint, solvant pro cis forisfacturam. Et sic observandum erit de omnibus aliis, qui sunt de alicujus 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 assutance 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 verb. Freiborgh. Fleta writeth this word (Fruhborgh) and useth it for the principal man, or at the least, for a man of every Dozein. Frithborgh (saith he) est laudabilis homo testimonit liber vel servus, per quem omnes juxta ipsum commorantes firmior● pace sustententur sub stabilitate fidejussionis ejus vel alterius per denarium numerum, unde quilibet quasi plegius alterius: ita quod si unus feloniam fecerit, novem tenentur ipsum ad standum recto praesentare. Lib. 1. cap. 47. sect. Frithborgh. See Roger Hoveden, part poster. suorum annal. in Henrico secundo, fol. 345. a.b. Friar frater) cometh of the French (frere) there be four orders reckoned of them, anno 4 H. 4. cap. 17. viz. Minors, Augustine's, Preachers, and Carmelices', the four principal orders, of which the rest descend. See in Zechius de Repub. Ecc. pa. 380. Look Linwood titule de relig. domibus, cap. 1. verbo, Sancti Augustin. Friar observant (frater observans) is an order of Franciscans: for the better understanding or whom, it is to be noted, that of those four orders mentioned in the word (Friar) the Franciscans, are minores tam Observantes quam conventuales & Capuchini. Zecchus de Repub. Eccl. tract. de regular. cap. 2. These Friar's observants, you find sooken 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 conventuals are: but only tie themselves to observe the Rites of their Order, and more strictly than the Conventuals 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. & progress. 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 broken, anno 1 Jacob. 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) and (soaken, i. quaerere) Fleta termeth it frithsokne, vel forsokne, yielding this reason, Quòd significat lib●rtatem habendi franci plegii. FURIO 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. Stawnf. pl. cor. lib. 3. cap. 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 sixteen foot and a half, eight of which Furlongs make a Mile, Anno 35 Edward. prim. cap. 6. It is otherwise the eighth part of an Acre. See Acre. In the former signification the Romans call it (stadium,) in the larter (jugerum.) This measure which we call a Pole, is also called a Perch, and 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 Russia, 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 Muscovia and Russia and is a very rich Fur. Genets, that is the skin of a beast so called, of bigness between a Cat and a 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. Mattern, is a beast very like the Sable, the skin something coarser 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 Moscovie. 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 GA' GAbel (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. Cambden in his Britannia, pag. 213. speaking of Wallingford hath these words: Continebat 276. hagas, i. domos reddentes novem libras de gablo: and pag. 228. of Oxford these: Haec urbs reddebat pro telonto & gablo, & aliis consue udinibus per annum Regi quidem viginti libras, & sex sextarios mellis: Comiti verò Algaro decem libras. Gabella (a Cassanaeus defineth it, the consuet. Burgund. pag. 119.) Est vectigal quod solvitur pro bonis mobilibus, id est. pro hiis quae vehuntur. distinguishing i from Tributum, quia tributum est p opriè quod fis co vel Principi solvitur pro rebus immobilibus. Gage, (vaedium) 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 or 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: Invadtatur 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 sued, have not delivered the that were distrained, than he shall not only avow the distress, but (gager deliverance) i. put in surety, that he will deliver the distrained. Fitzh. nat. br. fol. 74. D. & 67. F. whom see also fol. 67. F. G. yet in some cases, he shall not be tied to make this security: as if the died in pound. Kitchen, fol. 145. or if he claim a propriety in the sued for. Terms of the Law. To wage law what it is see in his place, verbo, Law. See Mortgage. Gager deliverance. See Gage. gale. See Gaol. Gainage, (Wain agium) is ●eer to the French (Gaignage, i. quaestus, lucrum) and signifieth in our Common law, the land held by the base kind of Sokemen or Villeins. Bracton, lib. 1. cap. 9 where he hath these words, speaking observants: Et in hoc legem habet contra dominos, quòd stare possunt in judicio contra eos de vita & membris propter saevuiam dominorum, vel propter intolerabilem injuriam. Ut si eos destruant, quòd salvum non possit eis 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 West. 1. cap. 6. anno. 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 Fainor, u.z. in these words: The Writ of Ail was praecipe, etc. quòd reddat unam bovatam terrae, & unam bovatam marisci: and ●he 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 sustenance, 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 Custumary of Normandy: Gergneurs be ruricolae qui terras eleemozynatas possidem: and Britton useth gainer, for to blow 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. Edw. 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 minerade, 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 Hen. 3. I find these words. No man of religion, nor other, shall be distreined by his beasts that gain the land. Galege, (galicae) seemeth to come of the French, (galloches,) which signifieth a certain kind of worn by the Gauls in foul weather of old times. I find it used for some such Implement, anno 4 Ed. 4. cap. 7. & anno 14. & 15 H. 8. c. 9 where is written plainly, Galoches. 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 Jacob. 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. c. 34. This is a drug to be garbled. an. Ja. c. 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, altâs, gerbe, i. sascis.) 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. significat. verbo, Garbae. 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, finesse, 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 Yeoman 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 Garden, see Ward. Garden (Custos) cometh of the French (Gardien) and yet the Germane (Warden) is near unto it. It ligniheth 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 where as Tutor is he, that hath the government of a youth, until he come to fourteen years of age, and Curator, he that hath the disposition and ordering of his substance afterward, until he attain to five and twenty 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 est 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 Chattels 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, i● he have lands, to never so great a value, so they hold not in capite of the King, nor o● 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 moveables and chattels, until the age of fourteen years: at which time he may choose his Guardian, accordingly as by 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 or Court-rol, commonly the Lord of the Fee appointeth him a Guardian, until he come to the age of fourteen years, and that is one, next of kind to the Minor of that side, that can hope for least profit by 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 Ed. vardi 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 an● 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 Novum 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. Stawnford praerogat. 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, Stawnford 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. & titulo 11. garden of the Spiritualities, (Custos spiritualium, vel spiritualitatis) is he to whom the spiritual jurisdiction of any Diocese is committed, during the vacancy of the See, an. 25 H. 8. c. 21. And I take, that the Guardeyn of the Spiritualties, may be either Guardein 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 than in any other place. M. Cambden 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 rearmed 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 Ed. 3. cap. 8. is a corpse wool full of staring hairs, as such as groweth about the pesil 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 sued for the detinue 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' Jurisd. fol. 211. which may be interpreted either warning of that other, or else furnishing of the Court with parties sufficient, throughly to determine the cause: because until he appear and join, the Defendant (as Fitzherb. 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 sieve 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 Polydore Virgil casteth in another 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 danceing with the Queen, and other Ladies of the Court, took up a Garter that happened to fall from one of them: whereat some of the Lords smiling, the king said unto them, That ere it were long, he would make that Garter to be of high reputation, and 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 maly 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. Ferne in his glory of generosity agreeth with M. Camden, and expressier setteth down the victories, whence this order was occasioned: whatsoever cause of beginning it had, the order is inferior to none in the world, consisting of 26. martial and heroical Nobles, whereof the king or England is the chief, and the rest be either Nobles of the Realm, or Princes of other Countries, friends and confederates with this Realm; the Honour being such, as 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 Polydore, and M. Ferne, fol. 120. ubi supra. The Ceremonies of the chapter proceeding to election, of the investures and robes, of his installation, of his vow, with all such other Observations, see in M. Segar's new book entitled Honour military and civil, lib. 2. cap. 9 fol. 65. Garter also signifieth the principal kings at Arms, among our English Heralds, created by king Henry the fifth, Stow. pag. 584. Garthman, anno 13 R. 2. stat. 1. ca 19 & anno 17. ejusd. ca 9 Gavelet, is a special and ancient kind of Cessavit used in Kent, where the custom of Gavell 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. Edw. 2 cap. unico. where it appeareth to be a Writ used in the Hustings at London. And I find by Fleta that it is used in other liberties, as the Hustings of Winchester, 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 et scripto, compounded of three Saxon words, gift, call, cin: omnibus cognatione proximis data. But M. Verstegan in his restitution of his decayed intelligence, cap. 3. called it (Gavelkind) quasi, give all kind, that is, give to each child his part. It signifieth in our Common law, a custom whereby the Land of the Father is equally divided at his death amongst all his Sons, or the Land of the Brother equally divided among the Brethren, if he have no issue of his own: Kitchen 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 Normanno se dediderunt, ut patrias consuetudines illaesas retinerent, illamque imprimis quam Gavelkind nominant. Haec terrae quae eo nomine censentur, liberis masculis ex aequis portionibus dividuntur, vel faeminis, si masculi non fuerint: adding more worth the noting, viz. Hanc haereditatem, cùm quintum decimum annum attigerint, adeunt, & sine Domini consensu, cuilibet, vel dando, vel vendendo, alienare licet. Hac filii parent thus furti damnatis in id genus fundis succedunt, 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 (Gawchir, i. in gyrum torquere.) It signifieth with us an Officer of the Kings, appointed to examine all Tons, Hogsheads, Pipes, Barrels, and Tercians of Wine, Oil, Honey, Butter, and to give them a mark of allowance, before they be sold in any place. And because this mark is a circle made with an iron Instrument for that purpose: It seemeth that from thence he taketh his name. Of this Office you may find many Statutes: the first whereof is, anno 27 Ed. 3. commonly called the Statute of provision, or Purveyors, cap. 8. GE 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. hònestus, vel honesto loco natus:) the other Saxon (Mon) as if you would say, a man well born. The Italian followeth the very word, calling those (gentle homini) whom we call Gentlemen. The Spaniard keepeth the meaning, calling him Hidalgo, or Hijo d'algo, that is, the son of some man, or of a man of reckoning. The French men call him also gentle homme: 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 major 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 and 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 beware. 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 codem sunt nomine ab ingenuis oriundi, quorum majorum 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. cap. 14. pag. 531. GI' Gigge mills, were for the fulling of Woollen Cloth, and forbidden Anno 5 Edward 6. cap. 22. Gilled, alias Geld (gildare) cometh from the Saxon word (Gildan, i. solvere Lamb. in his explication of Saxon words saith, verbo, 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 with orders and laws made among themselves by the Prince's licence. M. Camden citeth many antiquities, by which it appeareth to signify a tribute or tax, as pag. 135. 139. 159. 168. 178. M. Crompton in his Jurisdictions. fol. 191. showeth it to be an amercement, as foot geld, 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. cap. 13. & anno 11 H. 7. cap. 9 use Gildable in the same sense, and so doth the Statute, anno 27 H. 8. cap. 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 Gilled 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. cap. 51. & anno 15 R. 2. cap. 5. And Gildbalda Teutonicorum, is used for the fraternity of Easterling Merchants in London, called the Stilyard, anno 22 Hen. 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, lib. 1. cap. 38. This is a spice whose root is to be garbled, anno 1 Jacob. cap. 19 Gynny 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. cap. 66. This you have mentioned among drugs and spices to be garbled, in the Statute, 1 Jacob. cap. 19 Gisarms: anno 13 Ed. 1. stat. 3. cap. 6. is a kind of weapon. Fleta writeth it Sisarms, lib. 1. cap. 24. §. item quod quilibet. GL Glawnce Over, Plowden casu Mines fol. 320. b. Glanvil 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, folio, 368. b. GO Go, is used sometime in a special signification in our Common law: as to go to God, is to be dismissed the Court. Brook, titulo. Fayler de records, num. 1. Go forward, seemeth also to be a sign given by a Judge to the Seargeant or Counsellor, 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 Judge's mouth, he taketh understanding, that he loseth 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 lose 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 than 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 forefeited by the number of a man's company, or by his or their weapons or harness: Whereof 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 Countrymen or good neighbours: Skene de verbo signif. verbo, Bona patria. GRACCUS 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. cap. 1. Grains (grana paradisi, aliâs Cardamomum) is a spice medicinable and wholesome, whereof you may see divers kinds in Gerard's Herbal, lib. 3. cap. 148. These are comprised among merchandise that be to be garbled. Anno 1 Jac. cap. 19 Grand Assize. See Assize, and Magna Assisa. Grand Cape. See Cape and Attachment. Grand Sergeanty. See Chivalry, and Seargeanty. Grand distress: (Magna districtio) is a distress taken of all the lands, and goods, that a man hath within the County or Bayliwick, whence he is to be distrained: Fleta lib. 2. cap. 69. §. penult: See Distress. This word is used anno 51 H. 3. cap. 9 This falleth out when the Defendant hath been attached, and yet appeareth not upon his Attachment; or when he appeareth and afterward makes default. For then the Sheriff is commanded to distrain the Defendant, by all his goods and cattles, 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 O●●n 〈◊〉 both ●r , sties for Hogs, and other things necessary for husbandry, Lindwood 〈…〉 emms de judiciis verbo, Grangiis, in glossa. Gra●● (Concessio, gran●um) 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 Rent, Reversions, Services, Advowsens in gross, Common in gro●e, 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 every gift whatsoever, made of any thing by any person, and he that granteth it, is named the Crantour, and he to whom i● is made, the Grantee, West. parte 1. symbol. lib. 2. Sect. 334. A thing is said to lie in grant, which cannot be assigned without deed, Coke, lib. 3. Lincoln Coll. case, fol. 63. a. Great men, are sometimes understood of the Laity of the higher-house of Parliament, as an. 43 Ed. 3. cap. 2. & an. 8 R. 2. in prooem. and sometime of the Knights, etc. of the lower-house, as anno 2 R. 2. stat. 2. in principio. Greenshield (cometh of the French (Grè, i. sententia, beneplacitum.) 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 description of England cap. 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 parte 2. of his Forest laws, cap. 6. num. 5. See Vert Green wax, seemeth to be used for estreats delivered to the Sheriffs out of the Exchequer, under the Seal of that Court, to be levied in the County, anno 42. Ed. 3. cap. 9 & anno 7 H. 4. cap. 3. See Foreign apposer. Greve (praepositus) is a word of power and authority, signifying as much as Dominus, or praefectus. Lamberd in his Exposition of Saxon words, ve bo Praefectus. where he seemeth to make it all one with (Reve) as I think undoubtly it is: The Saxon word is Gerefa, whereof we have divers words compounded, as Shyreeve, Portgreeve, etc. which were wont of the Saxons to be written Soyrgerefa: Portgerefa. See Shyreeve and Portgreve. See Roger Hoveden part poster. suorum annal. fol. 346. b. where he saith thus: Greve dicitur, ideo quod jure debeat grithe, i. pacem ex illis facere, qui patriae inferunt Vae, i. m●seriam vel malum. Gritbreach is a breach of peace. For Grita is a word of the old Angles, signifying peace. Roger Hoveden part post. suorum annal. fol. 346. b. See Greachbreach. Grils, anno 22 Ed. 2. cap. 2. Grocers, be Merchants that engross all Merchandise vendible, anno 37 Ed. 3. cap. 5. Groom, anno 33 H. 8. cap. 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 s●nt on foot or errands, serving in such manner as Lackeys do now. Growm, anno 43 E. 3. cap. 10. seemeth to be an Engine to stretch Woollen cloth withal after it is woven. GUM Guydage (Guydagium) is that which is given for safe conduct through a strange territory, Cassanaeus de consuetud. Burgun. pag. 119. whose words be these: Est Guidagium quod datur alicui, ut tuiò 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. alias Goule de August. Ploughed. casu Mines, fol. 316. b. is the very day of Saint Peter ad 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 (gueulae) the throat. The reason of my conjecture is in Durands rational● divinorum, lib. 7. cap. 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 chained with under Nero: which request obtained, his said Daughter kissing the said chain, was cured of her disease, and Quirinus with his family was baptised. Tunc dictus Alexander papa (saith Durand) hoc festum in Kalendis Augusti celebrandum instituit, & in honorem beati Petri Ecclesiam in urbe fabricavit, ubi vincula ipsa reposuit, & ad vincula nominavit; & Kalendis Augusti, dedicavit. In quafestivate, populus illic ipsa vincula hedie 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, S. Peter's day ad vincula, or of that part of the maiden whereon the miracle was wrought, the Gule of August. Gustwit 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, cap. 11. doth interpretet 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. tract. 2. cap. 10. In the laws of Saint Edward, set forth by Master Lambert num. 27. it is written Gest. Of this see more in Uncothe. Gum (gummi) is a certain clammy or tough liquor, that in manner of a sweaty 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 Jacob. cap. 19 Gutter-tile aliâs Corner-tyle, is a tile made three-corner-wise, especially to be laid in Gutters, or at the corners of the tiled houses; which you shall often see upon Dove-houses, at the four corners of their roofs, anno 17 Ed. 4. cap. 4. HA' 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 Sheriff, for the causing of his body to be brought at a day: Reg. jud. 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. nat. br. fol. 157. See great diversity of this Writ, in the table of the Register Judicial, verbo, habeas corpora; and the new book of Entries, verbo codem. 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 two 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 , which should pass by the Premises, if the (habendum) were not. Coke, vol. 2. Bucklers case foe. 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 Sheriff, 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, verbo. Habere facias seisinam. This Writ is issuing sometime out of the Records of a fine executory, directed to the Sheriff of the County, where the land lieth, and 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. parte 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 delivery of lands to the Lord of the Fee, after the King hath taken his due of his lands, that was convicted of Felony, Register origin. 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 Indice, verbo (View) See Bracton, lib. 5. tract. 3. cap. 8. & lib. 5. parte 2. cap. 11. See view. See the Register Judicial, fol. 1, 26, 28, 45, 49, 52. Haber●ects (Hauberiteus pannus) magn. chart. cap. 25. & Pupilla oculi, parte 5. cap. 22. Hables, is the plural of the French (able) signifying as much as a Porte or Haven of the Sea, whence Ships do set forth into other Countries, and whither 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 Sheriff, 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. Regist. orig. 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. Fitz. 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 Sheriff and Justices of Kent, in this manner; Stephanus Rex Anglorum Vicecomiti et justiciariis de Kentsalutem. Praecipio quòd faciatis habere Ecclesiae sancti Augustini & monachis hagam suam quam Gosceoldus eye dedit, ita bene & in pace & justae & quietè & liberè, sicut eam eis dedit in morte sua coram legalibus testibus, etc. Hagbut. See Haque and Haquebut. Hay boot, seemeth to be compounded of (Hay, i. Sepes) and (Boat, 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 it is 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 Haeque. 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 mark for the enquiry 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, and that he shall be admitted to tender half a Mark in money, to have an enquiry 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 Advowzen brought by the King, the Defendant shall not proffer the half Mark, no Judgement final shall be given against the King, etc. Whereof Fitzh. 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, anno 8 Eliz. cap. 5. Half tongue. See Medietas linguae. Halymote, alias, Healgemot, is a Court Baron. Manwood parte prima of his Forest laws, pag. 111. and the Etymology is the meeting of the Tenants of one Hall or Manor. M. Gwins Preface to his Reading, which for the esteem thereof, is by copies spread into many men's hands. Hallage, is a Fee due for clothes brought for sale to Blackwel-hal in London. Coke, vol. 6. fol. 62. b. Hamlet (Hameletum) is a diminutive of (Ham) which signifieth habitationem. Cambden. Brit. pag. 149. & 354. The French (hameau, i. viculus) is also near unto it. Kitchen hath Hamel in the same sense, f. 2.15. who also useth hampsel for an old house or cottage decayed, fo. 103. Hamlet (as Stow useth it in Ed. 3.) seemeth to be the seat of a Freeholder. For there he saith, that the said King bestowed two Manors 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 parte prim. of his Forest laws, pag. 212. & part 2. cap. 16. num. 5. where he saith, this is the ancient term that Foresters used for that martyr; 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 desight in running abroad. See Expeditate. Hampsel. See Hamlet. Hamsoken. 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 pursue. 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 misericordiae intrationis in alienam domum vi & injusté. 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. 5. etc. Hankwit aliâs (Hangwit) or (Hengwit) cometh of the Saxon words (Hangen, i. pendere) and (wit) whereof read in Gultwit: Rastal in the title, Exposition of words saith, It is a liberty granted unto a man, whereby he is quit of a Felon or Thief hanged without judgement, or escaped out of custody. I read it interpreted, mulcta pro homine injustè suspenso. Or whether it may be a liberty, whereby a Lord challengeth the forfeiture due for him, that fordoth himself within his Fee or not, let the Reader consider. See Blood-wit. Hanper (haneperium) haneper of the Chancery, anno 10 R. 2. cap. prim. seemeth to signify as fiscus originally doth in Latin. See Clerk of the Hanaper. Hanse (as Ortelius in the Index of his Additament to his Theatre, ver. 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. Haope cometh of the French happer, i. rapio, cum quadam velo citate 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 hand-gun of about three quarters of a yard long, anno 33 Henr. 8. cap. 6. & anno 2. & 3 E. 6. cap. 14. There is also the half-haque or demy-haque. See Haquebut. Haquebut is that piece of artillery or gun which we otherwise call an harquebuse: being both French words. Anno 2. & 3 Ed. 6. cap. 14. & anno 4. & 5 Phil. & Mar. cap. 2. Hariot, aliâs heriot (heriotum) in the Saxon heregeat, a little altered, which is drawn from here, i. exercitus. And a heriot in our Saxons time signifieth a tribute given to the Lord, for his better preparation toward War: Lambert innis explication of Saxon words, verbo Hereotum. The name is still retained, but the use altered: for whereas by Master lambert's, opinion, ubi su●ra, it did signify so much as relief doth now with us, now it is taken for the best chattel that a Tenent hath at the hour of his death, due unto the Lord by custom, be it horse, ox, , or any such like. Master Kitchen distinguisheth between Heriot service and Heriot custom, fol. 133 & 134: For interpretation whereof, you shall find these words in Brook, titulo Hariot, num. 5. Hariot after the death of the Tenent for life is Hariot custom. For Hariot service is after the death of Tenent 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 Tenent for life. See Plowden, fol. 95 b. 69, a, b. Bracton saith, that Heriotum est quasi relevium, li. 2. cap. 36. See Relief. But Britton cap. 69. saith, That Heriot is a reward made by the death of a Tenent, to any Lord, of the best beast found in the possession of the Tenent 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 a Relief: for it proceedeth rather of grace or good will than of right, and rather from Villeins than Freemen. See Dyer, fol. 199. num. 58. to the same effect. This in Scotland is called Herrezelda compounded of (herr,) i. dominus, herus) and zeild, i. gift) Skene de verbo. signific. verbo Herrezelda. Hart, is a Sagge of five years old complete, Manwood parte 2. of his Forest Laws, cap. 4. num. 5. which he hath out of Budeus de philologia lib. 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 thereabout, that in regard of the pastime, that the Beast hath showed to the King or Queen, none shall hurt him, or hinder him from returning to the Forest; and then is be a Hart royal proclaimed. Idem, eodem. Hawberk 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 linguà vulgò dicitur pro (loricatum) i. datum vasallo ea conditione, ut ad edictum loricatus sive cataphractus praesto sit. Nam ut lorica latinis propriè & minus usitatè est, tegmen de loro factum, quo majores in bello utebantur, quem admodum Servius Honoratus scribit in libro Aeneidum 11. f●equentissimè autem pro aenea armatura integra usurpatur: 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 Ancestors seemeth to signify, as in France, a Shirt or Coat of Male, and so it seemeth to be used, anno 13 Ed. pri. stat. 3. cap. 6. Though in these days the word is otherwise written, as (Halberd) and signifieth a weapon well enough known. Haward alias Hayward, seemeth to be compounded of two French words (Hay, i. Sepes) & (Garde, i. Custodia.) It signifieth with us, one that keepeth the common Herd of the Town: and 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 Germane (herd, i. armentum) and (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 and selling, Brass, Pewter, and other merchandise, that aught to be uttered in open Market. The appellation seemeth to grow from their uncertain wand'ring, like those that with Hawks seek their game, where they can find it. You find the word, anno 25 H. 8. cap. 6. & anno 33. ejusdem cap. quarto. HE Headborow, is compounded of two words (Heosodi, i. caput,) and (Bor. he. i. pignus) It signifieth him that is chief of the Frankpledge: and him that had the principal government of them within his own pledge. And as he was called Headborow, so was he also called Burow-head, Bursholder, Thirdborow, Tithing man, Chief pledge or Borowelder, to the diversity of speech in divers places. Of this see M. Lamberd in his Explication of Saxon words, verbo Centuria: & 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 Pylory. 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 succedit in universum jus testatoris: the common Lawyers call him heir, that succeedeth by right of blood, in any man's Lands or Tenements in Fee, for there is nothing passeth with us jure haereditatis, but only Fee. Movables, or chatels , 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 succeedeth either by restament, or right of blood in fee. Cassanaeus in consuetud. Burg. pag. 909. hath a distinction of haeres, which in some sort well accordeth with our law: For he saith, there is haeres sanguinis & haereditatis. And a man may be haeres sanguinis with us, that is, heir apparentto his Father, or other Ancestor: & yet may upon displeasure, or mere will be defeated of his inheritance, or at the least, the greatest partthereof. Heir loom, seemeth to be compounded of heir and loom, that is, a frame, namely to wove in. The word by time is drawn to a more general-signification than at the firstit did bear, comprehending all implements of household, as namelytables, presses, cupboards, bedsteads, wainscot, 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 Chattels, but accrue to the heir with the house itself. This word is twice metaphorically used in that Divine speech, made by that most worthy and complete nobleman, the Earl of Northampton, against that hellish, oughly, 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, aliâs Hinefair, (discessio famuli à Domino.) The word is compounded of Hine, a Servant, and Far, an old English word, signifying a passage. Henchman, or heinsman, is a German 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. Edw. 4. cap. 5. anno 24. Henric. 8. cap. 13. Hengwite, significat quetantiam meserecordiae dè latrone suspenso absque consideratione: Fletali. 1. ca 47. See Hankwit. Herald (heraldus) is borrowed by us of the French herald, and in M. Virstigans judgement proceedeth originally from two Dutch words, here, i. exercitus; and healt, i. pugil maganimus. 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 marshal messages, or other business. The Romans called them plurally Feciales. Master 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: hii belli & pacis nuncii. Ducibus, Comitibusque à Rege factis insignia aptant, ac corum funer a curant. He might have added further, That they may be the Judges and examiners of gentlemen's arms; that they martial 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. Stow's Annals pag. 584. whose office is to attend the Knights of the Garter at their solemnities, and to martial the solemnities of the funerals of all the greater Nobility, as of Princes, Dukes, Marquesses, Earls, Viscounts, and Barons. Yet I find in Plowden casu Reniger et Fogassa. That Edward the fourth granted the office of King of Heralds to one Garter, cum feudis et 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 martial and dispose the funerals of all the lesser Nobility, as Knights and Esquires, through the realm of the South side or Trent. The third is Norry, 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 martial expeditions, viz. York, Lancaster, Somerset, Richmond, Chester, Windlesour. Lastly there be four other, called Marshals or Purse vaunts 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, Nam Numa Pompilius divini cultus institutionem in octo partes divisit, & ita etiam sacerdotum octo ordines constituit, etc. Septimam partem sacrae constitutionis collegio eorum adjecit, qui 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, à faciendo quòd belli pacisque faciendae apud eos jus esset, Feciales dicti sunt. Corasius Miscel. juris civil. lib. 1. cap. 10. num. 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 . But it is most commonly used for a liberty that a man hath to feed his 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 allotteth the Noblemen and those of the household their Lodgings. It signfieth also in Kitchen, an Innkeeper, fol. 176. Hereditaments (hereditamenta) seem to signify all such things , be they corporeal or incorporeal, as a man may have to himself and his heirs by way of inheritance Vide anno 32. Henr. 8. cap. 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 chattels do. Heriot, see Hariot. HI Hid of land (hida terrae) Saxonicè hideland●s, 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 jurisdiction, fol. 220. saith, that it consisteth of an hundred acres, every acre in length forty perches, and in breadth four perches, every perch sixteen foot and a half. And again fol. 222. A hide of land containeth an hundred acres, and eight hides, or eight hundred acres contain a Knights fee. Of this read more in Master Lambert's Explication of Saxon words, verba Hida terrae. See Carve. Hid and gain, Old nat. Brev. fo. 71. Coke lib. 4. Tirringhams' case, signifieth earable land. See Gainage. Hidage (hidagium) is an extaordinary tax to be paid for every hide of land. Bracton lib. 2. cap. 6. writeth thus of it: Sunt etiam quaedam communes praestationes, quae servitia non dicuntur, nec de consuetudine veniunt nisi cum necessitas intervenerit, vel cum Rex venerit: sicut sunt Hidagia, Coragia, et Carvagia: et alia plura de necessitate et 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, 1. 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. Richard 2. cap. quarto. Hoblers (hobellarii) are certain men that by their tenure are tied to maintain a little light Nag, for the certifying of any invasion made by enemies, or such like peril toward the sea side, as Porchmouth, etc. Of these you shall read, anno 18. Edward. 3. stat. 2. ca 7. & anno 25. ejusd. stat. 5. ca 8. Hoghenhine, is he that cometh guestwise to an 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. ca 10. In the Laws of king Edward set forth by Master Lambert, he is called Agenhine: where you may read more of this matter. Hithe (hitha) is a petty haven to land wares out of vessels or boats: New book of Entries, fol. 3. colum. 3. HO Hogshead, is a measure of wine or oil containing the fourth part of a tun, that is 63 gallons, an. 1. R. 3. ca 13. Holstings, 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 their Lord and Benefactor. This submission was and is called homage: the form whereof you have in the second Statute anno 17. Edw. 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, and 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 cap. 1. except they be women, who perform not homage but by their husbands, (yet see Fitzherbert, that saith the contrary in his nat. br. fol. 157. F.) Read Glanvile more at large in the said first Chapter, with the second, third and 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 infeossed, for than she doth only fealty. And see Glanvile 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 reconcileth this fol. 2C. a. in these words. By our law a religious man may do homage, but may not say to his Lord, Ego devenio home 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 and loyal. See of this Britten cap. 68 Homage, is eithes' new with the fee, or ancestrel: 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. Newterms of the Law. This homage is used in other Countries as well as ours, and was wont to be called Hominium. See Hotom. de verbis feudalibus, verbo. Homo. Skene divideth it into liegium & non liegium, de verb. signif. v. 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 curiis, sive domus sic dicuntur enim convassalli sive compares, qui ab eodem patrono feudum receperunt, vel qui in eodem territorio feudum habeut. Hotoman. Of this Homage you may read in the nine and twentieth chapter of the grand Custumary of Normandy, where you shall understand of other sorts of homage, used by them, and strange unto us. Whereunto join Hotoman, disputat. de feudis, in divers places, and namely Columna 860. c. hiis verbis: Deinceps de nota l●ommii & feudal tiae subjectionis videamus. Omnium quidem video esse common, ut dexter as tanquam in soedei ibus jungerent: plerumqne etiam ut dexteris aversis, osculum praebereut, interdum ut ambas manus junctas patrono contrectandas praeberent: supplicum et deditiorum nomine, qui velatas manus porrigebant. And pag. 861. hiis verbis: Multis Galliae atque etiam Angliae moribus constisutum est (Quod ex Anglico Littletoneo intelleximus) ut hominium servili et suppliciveneratione, ac planè tanquam à dedititiis praestetur. Nam vasallus discinctus, nudo capite ad pedes sedentis patroni pro, ectus, ambas manus junctas porrigit, quas dum Dominus suis manibus amplectitur: haec verba pronunciat: Here, ve●io in tuum hominium et sidem, et homo tuus fio ore et manibus: tibique juro ac spondeo sidelem me tibi f●lis, 'em eorum fendorum nomine, quae tuo beneficio accepi, etc. Whereunto you may add him, colum. 819. g. 822. s. et 857. b et d. et f. of homage in Scotland, read M. Skene de verb. signtf. verbo Homaegium. To whom you may also join a plentiful discourse in speculo Durandt, commonly called speculator among the Civilians, tit. De feudis. Homagio respectuando, is a writ to the escheator, 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. Fitzher. nat. br. fol. 269. Homine eligendo ad custodiendam peciam figilli pro mercatoribus 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 order is dead, according to the Statute of Acton Burnel, Regist. original, 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. natura brev. fo. 66. See also the Register origin. fo. 77. See the new book of Entries, verto, 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. Reg. orig. fo. 79. a. See Withernam. Fomicide (homicidium) is the slaying of a man: and it is divided into voluntary and 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. Symbol. tit. Inditements, Sect. 37. etc. usque ad 51. where you may see divers subdivisions of this matter. See also Glanvile, l. b. 14. cap. 3. Bract. lib. 3. tract. 2. ca 4.15. & 17. Brit. ca 5.6.7. see Murder, Manslaughter, and Chancemedly. Homesoken, aliâs hamsoken. Hamsoca is compounded of Ham, i. habitatio, and soaken, i. quaerere. It is by Bracton, lib. 3. tract. 2. cap. 23. thus defined: Homesoken dicitur invasio domus contra pacem Domini Regis. It appeareth by Rastal in the title, Exposition of words, that in ancient times some men had an immunity to do this: for he defineth Homesoken to be an immunity from amercement from 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 (hon, id est hand, and habend. i. having) and signifieth a circumstance of manifest theft, when one is deprehended with the thing stolen in his hand, Bract. lib. 3. tractat. 2. cap. 31. & 54. who also use the handberend for the same, eodem, cap. 8. Honour (honour) is beside the general signification, used especially for the more noble sort of Signories, whereof other inferior Lordships or Manors 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. Howbeit 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 34 Hen. 8. ca 5. where Hampton Court is made an Honour: and anno 33. ejusdem, ca 37. et 38. whereby Amptill and Grafton be likewise made Honours: and anno 37. ejusdem, cap. 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 selfsame 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's Britan. pag. 231. of Clare, pag. 351. of Lancaster, pag. 581. of Tickhill, pa. 531. of Wallingford, Nottingham, Boloine, Magnacharta, ca 31. of West Greenewish, Camden, pag. 239. of Bedford, Pupil oculi. parte 5. ca 22. of Barhimsted, Brook titulo Tenure, num. 16. of Hwittam, Camden pa. 333. of Plimpton, Cromptons' Jurisd. fo. 115. of Crevecure, and Hagenet Fobert, anno 32, Hen. 8. cap. 48. of East-Greenewish, of Windsor in Berkshire, & of Bealew in Essex. anno 37 H. 8. cap. 8. of Peverel in the County of Lincoln, Regist. origin. fo. 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' Jurisdict. fo. 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 son fee, 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. Brook hoc titulo. Hospitallers (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 Hospitallers be now the knights of Saint John of Malta, Cassan. Gloria mundi, part. 9 considerate. 5. This constitution was also obeyed in Edward the seconds time here in England, and confirmed by parliament. Thom. Walsingham in hist. Ed. 2. Stows Annals, ibidem. These are mentioned, an. 13 Ed. 1. ca 43. and an. 9 Henrici 3. ca 37. Hostelers (Hostellarius) cometh of the French (Hosteler, i. Hospes) and signifieth with us, those that otherwise we call In keepers, anno 9 Ed. 3. stat. 2. cap. 11. Hotchepot (in partem positio) is a word that cometh out of the Low-countries, 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 puding mixed of divers ingrediments: but metaphorically a comixtion, 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 Britton, 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's 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. Decollatio bonorum, π. lib. 37. titulo. 6. House-bote, is compounded of House, and Boat, i. compensatio. It signifieth Estovers out of the Lords would to uphold a tenement or house. House-robbing, is the robbing of a man in some part of his house, or his booth, or tent in 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. 1. and anno 3 Ed. 6. cap. 9 yea, now it is felony though none be within the house anno 39 Eliz. cap. 15. See Burglary. See West. part. 2. sym. tit. Inditements, sect. 67. HU Hudegeld. significat qui tantiam trcnsgressionis illatae in servum transgredientem. Fleta lib. cap. 47. Quaere whether it should not be Hindegeld. Hue and Cry (Hutesium & Clamour) come of two French words (Huier) and Crier) both signifiing to shout or cry aloud. M. Manwood parte 2. of his Forest laws, cap. 19 num. 11. saith, that Hue is Latin, meaning belike the Inter●ection: but under reformation, I think he is deceived; this signifieth a pursuit of one having committed felony by the highway, for if the party rob, or any in the company of one murdered or rob, come to the Constable of the next Town, and will him to raise Hue and Cry, or to make pursuit after the offendor 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 offendor be apprehended, or at the least, until he be thus pursued to the Sea side. Of this read Bract. lib. 3. tract. 2. ca 5. Smith de Repub. Anglo. lib. 2. cap. 20. and the statute, anno 13 Ed. 1. statute of Winchest. cap. 3. & a. 28 Ed. 3. cap. 11. & anno 27 Eliz. cap. 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 severity 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 wert now living? But in truth I think it cometh from Harier, i. flagitare, inquietare, urgere. Hue is used alone, anno 4 Ed. pri. stat. 2. This the Scots call Huesium, and M. Skene de verb. signif. verb. Huesium, saith, that it cometh of the French Oyes, i. Audite: making one etymology of this and the cry used before a Proclamation. The manner of their Hue and cry, she there describeth it, is that if a robbery be done, a horn is blown, and an outcry 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 Usher. 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. Stow's annal, pag. 105. of these thus speaketh M. Lamb. in his Explic. of Saxon words, verbo. Centuria: Aluredus rex, ubi cum Guthruno Daco foedus inierat, prudentissimum illud olim à Jethrone Moysi datum secutus consililium, Angliam primus in satrapias, Centurias, & Decurias, partitus est. Satrapiam, Shire à shyran (quod partiri significat) nomin● vit: Centuriam, Hundred: & Decuriam, Toothing sieve Tienmantale, i. Decemvirale collegium appellavit: atque iisdem nominibus vel hodie vocantur, etc. And again afterward: Decrevit tum porro Aluredus liberae ut conditionis quisque in Centuriam ascriberetur aliquam, atque in Decemvirale aliquod conjiceretur collegium. De minoribus negotiis Decuriones ut judicarent: ac si quae esset res difficilior, ad Centuriam deferrent: difficilimas denique & maximi momenti lights, Senator et praepositus in frequenti illo ex omni satrapia cenvontu componerent. Modus autem judicandi quis fuerit, Ethelredus Rex, legem, quas frequenti apud Vanatingum senatu sancivit, capite 4. hiis fere verbis exponit. In singulis Centurits com●tia sunto, atque liberae conditionis viri duodeni, aetate superiores, unà cum praeposito, sacra tenentes juranto, se adeo virum aliquem innocentem haud damnaturos, sontemve 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 Genta or Centena is a jurisdiction over a hundred towns, and containeth the punishment of Capital crimes. Andraeus Kitchen, in his tractat. de sublimi & regio territorii jure, cap. 4, pag. 123. where he also showeth out of Tacitus, de situ et moribus Germa. that this division 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 Franchise. And this hath been ever since the Statute anno 14 Ed. 3. stat. 1. cap. 9 whereby these Hundred Courts formerly fermed out by the Sheriff to other men, were reduced all, or the most part, 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 Sheriff hath not to deal by his ordinary authority, except they of the Hundred refuse to do their office. See West. parte 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 Governor, or hundreders. Hundreders (Hundredarii) be men impaneled, or fit to be empaneled, of a Jury, upon any Controversy, dwelling within the Hundred where the land lieth, which is in question, Cromptons' Jurisd. fol. 217. & anno 35 Henrici 8. ca 6. It signifieth also him that hath the jurisdiction of a Hundred, and holdeth the Hundred Court, anno 13 Ed. pri. cap. 38. an. 9 Ed. 2. stat. 2. & an. 2. Ed. 3. cap. 4. and sometime is used for the Bailiff of an Hundred. Horn in his mirror of Justices, lib. 1. ca deal office del coroner. Hundred laghe, signifieth the Hundred Court, from the which all the officers of the King's Forest were freed by the Charter of Canurus, ca 9 Mannwood, part 1. pag. 2. Huers. See Conders. Huseans, cometh of the French (houseaux, i. ocrea) a boot, it is used in the Statute an. 4. Ed. 4. cap. 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. cap. 21. et Fitz. nat. br. fol. 23. See anno 9 Ed. pri. cap. 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. Husfastne, is he that holdeth house and land, Bract. lib. 3. tra. 2. ca 10. His words be these: Et in franco plegio esse debet omnis, qui terram tenet et domum, qui dicuntur Hustfastene, et etiam alii qui illis deserviunt, qui dicuntur Folgheres, etc. IA IArrock, an. 1. R. 3. ca 8. is a kind of cork so called. ID 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 Fitz. nat. br. fol. 267. See the Regist. 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 examinanda, is a writ that is directed to the Excheator, or the Sheriff of any County, where the King hath understanding that there is an Idiot, naturally born so weak of understanding, that he cannot govern or manage his inheritance, to call before him the party suspected of Idiocie, and examine him: And also to inquire by the oaths of 12. 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, and by his prerogative the government of their lands and substance, that are naturally defective in their own discretion. Statut. de praerogrativa Regis editum, anno 17 Ed. 2. cap. 8. whereof read Stawnf. praerog. ca 9 and of this writ, read Fitz. nat. br. fol. 232. See the Regist. origin. fol. 267. JE Jetzon. See Flotzon. Jeofaile, is compounded of three French words, I'ay faille, i. ego lapsus sum: and signifieth in our common law, an oversight in pleading, touching the which you have a Statute anno 32 H. 8. ca 30. whereby it is enacted, that if the Jury have once passed upon the issue, though afterward there be found a Jeofail in the pleading, yet judgement shall likewise be given according to the verdict of the Jury. See Brook, tit. Repleder. The Author of the new Terms of law saith, that a Jeofaile is when the parties to any Suit, have in pleading proceeded so fare, that they have joined issue, which shall be 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. cap. 30. and others in Q. Elizabeth's days, and yet the fault little amended, IG Ignoramus, is a word properly used by the grand Enquest empaneled in the inquisition of causes criminal tnd public: and written upon the Bill, whereby any crime is offered to their consideration, when as they mislike their evidence, as defective, or too weak to make good the presentment. The effect of which word so written is, that all farther inquity 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 write A. upon a little table provided for that purpose, i. Absolvimus: if they judged him guilty, they writ C. id est, Condeninamus: if they found the cause difficult and doubtful, they writ N. L. id est, Non liques. Asconius Redianus in oratio. pro Milone. Alexander ab Alexandro, Genial. dierum lib. 3. cap. 14. IK Ikenild-street, 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 Cambridgeshire, Camden Britan. fol. 343. See Watling-street. IN Imparlance (interlocutio vel interloquela) is a petition made in Court upon the Count of the Demandant by the Tenent, or Declaration of the Plaintiff by the Defendant, whereby he craveth respite, or any other day to put in his answer. See Brook titulo Continuance. See Die Da●us. Imparlance seemeth to be general or special: special imparlance is with this clause, Salvis omnibus advantagiis tam ad jurisdictionem curiae, quàm 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 Emperlance. 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, i. injungere, irregare) It signifieth with us, the tax received by the Prince for such Merchandise, as are brought into any haven from other Nations, anno 31 Elizabeth, cap. 5. And I think it may in some fort be distinguished from Custom, because Custom is rather that profit, which the Prince maketh of wares shipped out of the land: yet they may be confounded. Improvement. See Approve. IN 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 Manor, and a Court of Piepowders to a Fair, that they cannot be severed by grant: for if a Manor or Fair be granted, these Courts cannot be severed, Kitchen, fol. 36. encroach (incrociarie) See encroachments. Admirals, and their Deputies do encroach to themselves Jurisdictions, etc. anno 15 R. 2. cap. 3. Indenture (indentura) is a writing comprising some contract between two, and being indented in the top answerable to another that likewise containeth the same contracts: this the Latins called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which among the Civilians, is defined to be, scriptura inter creditorem & debitorem indentata, in cujus scissura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quia hoc man● unius tantùm, puta debitoris scribitur, & penes debitorem relinquitur, Pruinc. constitut. de offic. archidiaco. cap. pri. verbo In scrip●is. vid. Gothofr. in notis ad l. 27. §. 3. π. ad leg. Corn. de falls. Indicavi, 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, West. 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; Reg. orig. f. 35. b. See Old nat. br. fol. 31. & the Regist. fol. 35. and Britton cap. 109. fol. A. Indictments (Indictamentum) See Indightment. Indivisium, 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. Indorsementum (indorsamentum) signifieth in the Common law, a condition written upon the other side of an obligation, West. part. 2. symb. Sect. 157. Infang, aliâs infeng, significat quietantiam prioris prisae ratione convivii, Flet. lib. 1. cap. 47. Infangthef, Hingfangthefe, or Infangtheof, is compounded of three Saxon words, the preposition (In) (fang or fong, to take or catch) and (theft) it signifieth a privilege or liberty granted unto Lords of certain Manors, to judge any thief taken within their fee. Bract. lib. 3. tract. 2. cap. 8. In the laws of King Edward, set out by M. Lamberd, nu. 26. you have it thus described: Infangthefe, justitia cognoscentis latronis sua est, de homine suo, si captus fuerit super terram suam: Illi verò qui non habent has consuetudines, coram justicia 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. saorum annalium, fol. 345. b. & M. Skene de verborum significat. verbo Infangthefe, who writeth of it at large, reciting diversity of opinions touching this and outfangthief: Fleta saith that in (fangtheef) for so he writeth it, dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus, lib. 1. ca 47. §. Infangtheef. Information. See indictment. See new Terms of Law. Informer (informator) in French (informature) is an officer belonging to the Exchequer or King's Bench, that denounceth or complaineth of those that offend against any pennal Statute. They are otherwise called promotors, but the men being bashful of nature, do blush at this name: these among the Civilians are called delatores. Informatus nonsum, is a formal answer 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 passeth for the adverse party. See the new book of Entries, titulo, Nonsum informaus. 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 wherein it 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 nat. br. Ingressu ad terminum qui praeteriit, fol. 121. Origin. Regist. fol. 227. which lieth where the 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. 218. which lieth were a man selleth Land or Tenement when he is out of his wits, etc. Ingressu dum fuit infra atatem, fol. 123. Register original. fol. 228. which lieth where one under age selleth his Lands, etc. Ingressu super disseisina in le quibus, fol. 125. Register origin. fol. 229. which lieth where a man is disseised and dieth, for his heir against the disseisour. Ingressu in per, fol. 126. origin. Regist. fol. 229. Ingressu sur cui in vita, fol. 128. original. Register, fol. 239. both which see in Entry. Ingressu causa matrimonii praelocuti, fol. 130. original. Register, fol. 233. which see, Causa matrimonii praelocuti. Ingressu in casu proviso, fol. 132. Regist. origin. fol. 235. which see, Casu proviso. Ingressu cui ante divor●ium, fol. 130. original. Register, fol. 233. for which see, Cui ante divortium. Ingressu in consimili casu, fol. 233. original. Register, fol. 236. for which see, Consimili 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 Tenent for term of life, or of another's life, Tenant by courtesy, or Tenant in Dower maketh a feoffment in fee, and dyeth; he in reversion shall have the foresaid writ against 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, Fi zh ebb. nat. br. fol. 147. A. Engrosser (ingrossator) cometh of the French Grosseur, i. crassitudo, 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 fiish ot salt, anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. west's words, part 2. symbol. titulo Inditements. Sect. 64. Howbeit this definition rather doth belong to unlawful engrossing, than to the word in general. See Forstaller. Inheritance (haereditas) is a perpetuity in and's or tenements to a man and his heirs. For Littleton ca 1. li. 1. hath these words: And it is to be understood, that this word (inheritance) is not only understood, 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 & 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 Fitz. nat. br. fo. 39 where he putteth prohibition & 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 (injunctio) 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 rigour of the law, if it take place, is against equity and conscience in that case. See West. parte 2. symb. 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, li. 3. tract. 2. ca H. nu. 5. Minor vero, & qui infra aetatem duodecim annorum fuerit, utlagari non potest nec extra legem pont: quiae ante talem aetatem non est sub lege aliqua, nec in decenna, non magis quam foemina, quae utlagari non potest quiae ipsa non est sub lege, i. Inlowghe anglice: sc. in franco plegio sive decenna sicut masculus duodecim annorum & ulterius, etc. Inlaughe, significat hominem subjectum lege, Fleta, lib. 1. 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. tract. 2. cap. 14. nu. 6, 7, 8. Britton, cap. 13. Inmates, are those that be admitted to dwell for their money jointly with an other 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 inquiral in a Leet, 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 enterprite. Inquirendo, is an authority given to a person or persons, to inquire into something 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 alicujus criminis manifesti ex bono & aequo Judicis competentis canonice 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, Stawnford praerogativ. fol. 51. See office. Enrolment (Irrotulatio) is the Registering, recording or entering of any lawful act in the Rolls of the Chancery, as recognizance acknowledged, or a Statute, or a Fine levied. See West. parte 2. symbol. titulo Fines, Sect. 133. Insimul tenuit, is one species of the writ called a Formdon. See Formdon. Intakers, be a kind of Thiefs 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 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, an. 24. H. 8. ca 12. Interpleder. See Enterpleder. Intrusion (intrusio) by Bracton lib. 4. cap. 2. is thus defined: Intrusio est, ubi quis, cui nullum jus competit in re nec scintilla juris, possessionem vacuam ingreditur, quae nec corpore nec animo possidetur, sicut haereditatem jacentem antequam adita fuerit ab haerede, vel saltem à domino capitali ratione custodiae, vel ratione eschaetae si forte haeredes non existant, vel si post mortem alicujus per finem factum, ●●l per modum donationis, ubi successio sibi locum vendicare nonpossit, vel si post mortem alicujus qui tenuit ad vitam debeat tenemen 'em reverti ad proprietarium, ponat quis se in seisinam antequam tenementum illud veniat ab illis ad quem pertinere deberet ex praedictis causis, with whom agreeth Fleta, lib. 4. cap. 30. sect. 1. & 2. See Britton cap. 65. to the same effect. See the new book of Entries, verb. 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 1 rather think these two English words to be Synonyma: and Fleta, cap. supra citato, seemeth direct against this his opinion. Intrusione, is a Writ that lieth against the Intruder: Regist. 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. parte prim. Symb. lib. 2. sect. 696. where likewise you may see the form. This Inventary 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 Inventary of all the Testators substance coming to his hand, he should be no further charged, than to the value of the Inventary: l. ult. Cod. de Jure deliberando. Invest (investire) cometh of the French word (Invester) and signifieth to give possession. Hear Hotoman de verbis feudalibus, verbo Investitura: Investitura barbarum nomen, barbaricam quoque rationem habet. Name, ut ait Feudista, lib. 2. tit. 2. Investitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino; with us we use likewise to admit the Tenant, by delivering them a verge or rod into their hands, and ministering them an oath, which is called Investing: Others define it thus, Investitura, est alicujus in suum jus introductio. Inure, signifieth to take effect: as the pardon inureth: Stawnf. praerog. fol. 40. See Enure. JO joinder, is the coupling of two in a suit or action against another: Fitzh. nat. br. fol. 118. H. 201. H. 221. & H. in many other places, as appeareth in the Index, verbo joinder. Joint tenants (fimul 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. Littleton, 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, assure●h 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 juncturae 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 lib. 3. Butler and Baker's case, f. 27. b. See Frank marriage. 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. cap. 60. touching the selfsame 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. Journ Choppers, anno 8 Hen. 6. cap. 5. be regraters of yarn. Whether that we now call (yarn) were in those days called (journ) 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 day's 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. IS Issue (Exitus) cometh of the French (Issir, i. emanare) or the Substantive (Issue, i. exitus, eventus.) It hath 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, and pleads, 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 rather 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. JU Juncture. See Jointure. Jure patronatus. See the new Book of Entries, verbo Jure patronatus in quare impedit. fol. 465. col. 3. Jury (Jurata) cometh of the French (Jurer, i. jurare) it signifieth in our Common law, a company of men, as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in question. Of which trial who may and who may not be empanelled, see Fitzh. not, brev. fol. 165. D. And for better understanding of this point, it is to be known, that there be three 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 two 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 Glanvil, lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum, quo vitae hominum & Status integritats tam salubriter consulitur; ut in jure, quod quis in libero soli tenemento possidet, retinendo, duelli casum declinare possint homines ambiguum, etc. see the rest. This jury is not used only in Circuits of Justices Errand, 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 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 Sheriff in his County and Turn, the Bailiff of a Hundred, the Steward of a Court Leet, or Court Baron, if they inquire of any offence, or decide 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 Enquest, empanelled 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 deciding 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 assembly of wise men, with the Bailiff, in a place certain at a time assigned forty 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 Justice's 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 Enquest, 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. lib. 4. cap. 3. pag. 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 Sheriff, 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 Certiorari, in which two former cases it is referred to another Jury, and in the latter transmitted to the higher, Lamb. Eir. li. 4. ca 7. and presently upon the allowance of this Bill by the Grand Enquest, a man is said to be indicted. Such as they disallow, are delivered to the Bench, by whom they are forthwith canceled or torn. The Petit jury consisteth of twelve men at the least, and are empaneled, 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 real, are all, or so many as can conveniently be had, of the same Hundred, where the land or tenement in question doth lie, and four at the least. And they upon due examination bring in their verdict either for the Demandant, or Tenent. Of this see Fortescue, 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 Saxous, the men of this Jury were Associates and Assistants to the Judges of the Court, in a kind of equality, whereas, now adays 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 conditionis viri duodeni aetate superiores, un à cum praeposito sacra tenentes, juranto, se aedeo virum aliquem innocentem haud condemnaturos, sontemve absoluturos: to this join also the 69. chapter of the said Custumary. See Enquest. See 12. Men. See Lamberds Eirenarch. lib. 4. cap. 3. pag. 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. Jurisdictiou (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 fee: 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 Commonwealth, 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 in imperium & jurisdictionem: and imperium in merum et mixtum. Of which you may read many especial tractats written of them, as a matter of great difficulty and importance. Justes, 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 Freneh 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 (Justitia) and not (Justiciarius) as appeareth by Glanv. lib. 2. cap. 6. Roger Hoveden part. poster. suorum annalium, fo. l 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 (ipsa justitia) howbeit I hold it well, if they perform their office in concreto. Another reason why they are called Justiciari● with us, and not Judices, is, because they have their authority by deputation, as Delegates to the King, and not jure magistratus; and therefore cannot depute others in their stead, the Justice of the Forest only excepted, who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chancellor, Marshal, Admiral, and such like, are not called Justiciarii, but Judices: of these Justices you have divers sorts in England, as you may perceive here following. The manner of creating these Justices, with other appurtenances, read in Fortescue 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, mayhems, and such like, which you may see in Bracton, lib. 3. tractat. 2. per totum, and in Stawnf. treatise entitled, The pleas of the Crown, from the first chapter to the fifty one of the first Book. But either it was from the beginning, or by time 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' jurisd. fol. 67. etc. Of this Court Bracton lib. 3. ca 7. nu. 2. saith thus: Placita vero civilia in rem & personam in Curia domini Regis terminanda, coram diversis Justiciariis terminantur: Habet enim plures curias in quibus diversae actiones terminantur; & illarum curiarum habet unam propriam, sicut aulam regiam, & justiciariios capitales qui proprias causos Regis terminant, & aliorum omnium par querelam vel per privilegium sive libertatem; 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 Cromp. saith, ubi supra. He is made only by Writ, which is a short one to this effect; Regina Johanni Popham militi salutem. Sciatis quod constituimus vos Justiciarium nostrum capitalem, ad placita coram nobis terminandum, durante bene-placito nostro, Teste, etc. And Bracton in the place now recited, speaking of the Common Pleas, saith, that Sine Warranto jurisdictionem 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 Kings Bench. The oath of the Justices see in the Statute, anno 18 Edw. 3. stat. 4. See Oatb. 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 Jurisdiction hereof, see Cromptons' jurisdiction, fol. 91. This Court was always settled in a place, as appeareth by the Statute anno 9 H. 3. cap. 11. The oath of this Justice and his Associates, see anno 18 Edw. 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 over all the Forests 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 Brit. 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. Manwoods' 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 always 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 Richard 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 to 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 capiendas Assisas) are driven to these two times in the year out of term, when the Justices and other may be at leisure for these Controversies also: whereupon it is also fallen out, that the matters wont to be heard by more general Commission of Justices in Eyr, are heard all at one time with these Assizes: which was not so of old, as appeareth by Bracton, l. 3. c. 7. 2. nu. Habet etiam Justiciarios itinerantes de Comitatu in Comitatum, quandoque adomnia placita, quandoque; ad quaedam specialia, sicut Assisas, etc. et 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 & others their Assistants, as also the Sergeant 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 partiality, for being called to this dignity, they give over practice, anno 8 R. 2. cap. 3. but this always to be remembered, that neither Justice of either Bench, nor any other, may be Justice of Assize in his own Country, anno 8 R. 2. cap. 2. & anno 33 H. 8. cap. 24. Lastly, note, that in these days, though the self same men disparch 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, fol. 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 Gaols, another of Oyer and Terminer. That Justices of Assize, and Justices in Eyre did anciently differ, it appeareth anno 27 Ed. 3. cap. 5. and that Justices of Assize, and Justices of Gaol delivery were divers, it is evident by anno 4 Ed. 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 audi●ndum & Terminandum) were Justices deputed upon some especial or extraordinary occasion, to hear and deter mine some or more causes. Fitzherbert in his natura brevium saith, that the Commission a'Oyer and Terminer, is directed to certain persons upon any great assembly, insurrections, heinous demeanour, or trespass committed. And because the occasion of granting this commission should be maturely weighed, is provided by the Statute anno 2 Ed. 3. cap. 2. that no such commission ought to be granted, but that they shall be dispatched before the Justices of the one Bench or other, or Justice's errants, except for horrible trespasses, and that by the special favour of the King. The form of this commission, see in Fitzh. nature. brev. 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 itineribus) proverbially spoken; the use of these in ancient time, was to send them with Commission into divers Counties, to hear 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 abovesaid) were sent upon some one, or few especial 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 point estre actourrs, etc. and lib. 2. cap. des peaches criminels, etc. all suit de Roy, etc. and li. 3. ca 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, parte posteri. annalium, fol. 313. b. hath of them these words: Justiciarii itinerantes constituti per Henricum secundum, i. qui divisit regnum suum in 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. Fitz. nat. br. fol. 151. 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 Edvardi 3. cap. primo. anno 25 ejusd. cap. 8. & an. 31 ejusd. cap. 6. Justices of Nisi prius, are all one now adays with Justices of Assizes: for it is a common Adjournment of a cause, in the Gommon Pleas to put it off to such a day, Nisi prius Justiciarit venerint ad eas parte, ad capiendas Assisas: and upon this clause of Adjournment, 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' Jurisdictions, 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 their 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 Scotish and French wars; they are called in the Old nat. brev. fol. 52. Justices of trial Baston, but by Holynshed and Stow, Ed. pri. of Trail baston, or trailing or drawing the staff, as Holynshed saith: Their office was to make inquisition through the Realm by the verdict of substantial Juries, upon all officers, as Majors, Sheriffs, Bailiffs, Escheators and 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 inqusitions many were punished by death, many by ransom, and so the rest flying the Realm, the land was quieted, and 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 lettises 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 poets without more work, wheresoever they could apprehend the malefactors they sought for. See libro Assisarum, folio 57.141. Justices of Peace (Justiciarii ad pacem) are they that are aprointed by the king's Commission, with others, to attend the peace of 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 appertaining to their Office, as cannot in few words be comprehended. And again Justice Fitzherbert sometime since, as also Master Lamberd and Master 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: Anglorum 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. Lam. Eirenarcha lib. 4. cap. 19 pag. 578. Their oath see also in Lamberd, lib. 1. cap. 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. cap. 25. Justicies, is a Writ directed to the Sheriff, 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. brev. 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 Sheriff may hold plea of a great sum, whereas of his ordinary authority he cannot hold pleas but of sums under forty shillings. Crompton fol. 231. agreeth with him. It is called a Justicies, because it is a commission to the Sheriff ad Justiciandam aliquem, to do a man right, and requireth no return of any certificate of what he hath done. Bracton lib. 4. tract. 6. cap. 13. num. 2. maketh mention of a Justicies to the Sheriff 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. KE. KEeper of the great Seal (Custos Magni Sigilli) is a Lord by his Office, and called Lord-Keeper of the great Seal of England, etc. and 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 Eliz. 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 Rich. 2. cap. 11. But of late days I have known none to bear this Office, by reason the Prince thinketh good, rather to keep his 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 parte prim. of his Forest laws, pag. 156. etc. and 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 Eyr of the Forest, when it pleaseth him to keep his Justice Seat, doth forty 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 ubi supra. KING 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 and 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. 1. He is taken as not subject unto death, but is a Corporation in himself that liveth ever, Crompton ibidem. Thirdly, he is above the Law by his absolute power, Bracton lib. 1. cap. 8. Kitchen fol. 1. And though for the better and equal course in making Laws, he do admit the three Estates, that is, Lords Spiritual, Lords Temporal, and the Commons unto Counsel, yet this in divers learned men's opinions, is not of constraint, 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 dispersing 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. 1. cap. 3. de Repub. Anglica. and Bracton, lib. 2. cap. 16. num. 3. and Britton ca 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. l. 2. ca 35. And Habet omnia jura in manu sua, Bracton l. 2. c. 24. nu. 1. 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, cap. 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 King's 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 you fill in Stawnfords' 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. pri. & 2. King of Heralds (Rex Haraldorum) is an Officer at Arms, that hath the preeminence 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 R●gia, as Master Gwin reporteth in the Preface to his Readins; 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 Master 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 and Pleas of the Crown, leaving the handling of private contracts to the County Court. Glanvil. lib. 1. cap. 2, 3, 4, & lib. 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 Justice's assistants, four or five as Fortescue saith, cap. 51. and Officers thereunto belonging, the Clerk of the crown, a Praenatory, or Protonotary, and other six inferior Ministers or Attorneys. Camb. Britan. pag. 112. See Latitat. How long this Court was movable, I find not in any Writer: 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 observeth out 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. fol. 39 a. & 43. b. kintal of woad, iron, etc. is a certain weight of Merchandise, to the value of an hundred, or something under or over, to the divers uses of sundry nations. This word is mentioned by Plowden in the case of Reniger & Fogassa. KN Knave is used for a manservant, anno 14 Edward. 3. stat. 1. ca 3. and by M. Verstigans judgement, in his restitution of decayed intelligence, ca 10. is borrowed of the Dutch enapa, cnave or knave, which signify all one thing. And that is some kind of officer or servant: as scild-knapa was he that bore the weaon or shield of his superior, whom the Latins call Armigerum: and the Frenchmen, 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 prowess, 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 on horseback. The Romans called them Equites. The Italians at these days term them Cavallieri. The Frenchmen Chevalliers. The Germane, Reiters. The Spaniard, Gavellaros, or Varones' à 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 Britann. 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, than 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 g'adio leviter in humero percutitur. Princeps his verbis Gallicè affatur: Sus vel sois Chevalier au nom de Dieu, id est, Surge, aut, Sis eques in nomine Dei. The Solemnity of making knights among the Saxons, M. Stow mentioneth in his Annals, pag. 159. See the privileges belonging to a Rnight in Ferns Glory of Generosity, pag. 116. Of these Knights there be two sorts: one Spiritual, another Temporal. Cassanaus in gloria mundi, parte 9 Considerate, 2. of both these sorts, and of many subdivisions, read him in that whole part. The Temporal, or second sort of Knights M. Fern in his Glory of generosity, pag. 103. maketh threefold here with us. Knights of the Sword, Knights of the Bath, and Knights of the 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 verbor. significat. verbo Milites, saith, that in the ancient Laws of Scotland, Freeholders were called Milities, which may seem to have been a custom with us also, by divers places in Bracton, who saith, that Knights must be in Juries, which turn Freeholders do serve. Knights of the Garter (Equites Garterii) are an Order of Knights, created by Edward the third, after he had obtained many notable victories (King John of France, and King James of Scotland being both his prisoners together, and Henry of Castille the Bastard expulsed out of his Realm, and Don pedro being restored unto it by the Prince of Wales, and Duke of Aquitane, called the Black Prince) who for furnishing of this Honourable Order, made a choice out of his own Realm, and all 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, Crown, Cloak, Chaperon, a Choler, and other stately and magnifical apparel, both of stuff and fashion, exquisite and heroical, to wear at high Feasts, as to so high and Princely an Order was mere. 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 twenty six, Smith de Repub. Anglo. lib. prim. 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 twenty five Companions called Knights of the Garter, of fourteen 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 Bishop of Winchester, for the time being, the Chancellor of the Garter, the Register, who is always Dean of Windsor. 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 Windsour, with the chapel of Saint George, erected by Edward the Third, and the Chapter house in the said Castle. Howbeit the yearly Solemnity or Prfoession may be, and is, by the Sovereign's direction, performed at the Court, wheresoever it lieth, upon Saint George's day. Master Camden saith, that this order received great ornament from Edward the fourth. See M. Ferns glory of Generosity, pag. 120. See Garter. Hospinian in his book de origine & progressu Monachatiu, 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, lib. 15. cap. 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 Edw. 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 shaved and trimmed by a Barber) they entered, and thence, the night before they were Knighted, being well bathed, were taken again by two Esquiers commanded to attend them, dried with fine linen , and so apparelled, 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 S. John of Jerusalem Milites Sancti Johannis Hierosolumitani) were otherwise called 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, parte 9 Consideratione 4. And Master Fern in his Glory of Generosity, pag. 127. They had their primary foundation and chief abode first in Jerusalem, and then in Rhodes, where many of them lived under their Principal, called the Master 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 and especiallest abode first at Hieru●alem, and next in Rhodes, yet they increased both in number and Revenues, living after the Order of Friars under the rule of Saint Augustine, and were dispersed into France, Spain, Alverne, Campany, England and Ireland. Of these mention is made in the Statute, Anno 25 Her. 8. cap. 2. and anno 26 ejusdem cap. secundo. And it appeareth that they in England had one general Prior, that had the government of the whole Order within England and Scotland, Regist. orig. fol. 20. b. But towards the end of Henry the eighths' days, they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King, were suppressed, and their Lands and Goods referred by Parliament to the King's disposition, anno 32 Hen. 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 Master Richard Johnes. Knights of the Rhodes, anno 32 H. 8. cap. 24. See Knights of the Order of S. John. Knights of the Temple (otherwise called Templars) Templarii 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 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 Saracens from Christianity, and to abound in many vices, the whole Order was suppressed by Clemens quintus, which was about King Edward the 1. days, and their substance given partly to the Knights of the Rhodes, and partly to other Religious. Cassan. de gloria mundi, parte 9 Consid. 5. And see anno prim. Edw. 1. cap. 24. Others writ, that in truth their destruction grew from leaning to the Emperor against the Pope of Rome, whatsoever 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 Comita●u, by the Freeholders of every County that can dispend 40 shillings per annum, and be resident 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 proceed 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 mlietes gladio cincti for so runneth the tenure of the writ at this day. Crompton Jurisdict. fo. pri. But now there being but few Knights in comparison of former times, and many men of great live in every County, Custom beareth that Esquires may be chosen to this Office, anno 23 H. 6. cap. 6. so that they be resident 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 ejusdem, cap. 1. & anno 6 Hen. 6. cap. 4. & anno 23 H. 6. ca 15. and the new Book of Entries, verbo Parliament, nu. 1. Their expenses during the Parliament are born by the County, anno 35 Hen. 8. cap. 11. Knight Marshal (Marescallus hospitii reg●i) is an Officer in the King 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: Regist. orig. fo. 185. a, b. et 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 thirds days was 15 pounds, Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres, eodem. But Sir Thomas Smith in his Repub. Ang. li. prim. cap. 18. rateth it at forty pound. And I find in the Statute for Knights, anno prim. Ed. 2. cap. prim. that such as had twenty pounds in fee, or for term of life per annum, night be compelled to be Knights. Master Stowe in his Annals pag. 285, saith, there were found in England at the time of the Conqueror sixty thousand, two hundreds and eleven Knights 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 paye●h 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. prim. ca 2. Knighton gild, was a Gild in London, consisting of ninteen Knights, which King Edgar founded, giving unto them a portion of void ground lying without the walls of the City, now called Portsokenward. Stowe in his Annals, pag. 151. LA LAborariis, is a Writ that lieth against such, as having not whereof to live, do refute to serve: or for him that refuseth to serve in Summer where he served in Winter, Orig. Regist. fol. 189 b. Laches cometh of the French (Lascher, i. laxare, or lasche, i. frigidus, ignavus, flaccidus) It signifieth in our Common law, negligence: as no Laches shall be adjudged in the Heir within age, Litleton, foe 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. Laisedlists, an. 1 R. 3. ca 8. Land tenant, anno 14 Edw. 3. stat. 1. ca 3. & anno 23 ejusdem, cap. 1. & 26. ejusdem stat. 5. cap. 2. See Terretenent, & anno 12 R. 2. ca 4. & an. 4 H. 4. c. 8. It is joined with this word (Possessor) as Synonymon, v. anno 1 H. 6. ca 5. See Terretenant. Lants de crescentia Walliae traducexdis absque custuma, etc. is a Writ that lieth to the Customer of a Port, for the permitting one to pass over Wools 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 a void 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 Elizab. 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 my cause comprehended in the Statute, anno 13 Eliz. cap. 12. Panor. in ca quia diversitatem, num. 7. the concess. praebend. Rebuffus' de devolut. in praxi benesiciorum. Lancelotus de collation: lib. 1. Institut. Canon. § Tempus autem. In which Cases the Bishop ought to give notice ●o the Patron. Larceny (Laricinium) cometh of the French (Larcen, i. furtum, detractio alicui.) It is defined by West. parte 2. Sym. titulo Inditements, to be theft of personal goods or chattels, in the Owners absence: and in respect. of the thing stolen, it is either great or small. Great Larcenny is, wherein the things stolen though severally, exceed the value of 12 d. and Petit Larceny, is, when the goods stolen, exceed not the value of 12 d. hitherto M. West. But he differeth from Bracton lib. 3. tract. 2. cap. 32. nu. 1. Of this see more in Stawnf. pl. cor. li. 1. cap. 15, 16, 17, 18, 19 Laghsl●te, is compounded of (lah, i. lex) and (slight, i. ruptum) and signifieth mulctam ruptae vel violatae legis, Lamb. explication 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 Hearing, so they say, Ein last corns, last wines, etc. chence cometh Lastage, which see in Lestage. A Last of Hearing containeth ten thousand, anno 31. Ed. 3. stat. 2. cap. 2. A Last of ●itch and tar, or of ashes, containeth 14 parrells, anno 32 H. 8. cap. 14. A Last of hides, anno 1 Jac. ca 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. natura brevium, fol. 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 ●ay, for latitare, est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes. l. Eulcinius, §. Quid sit latitare. π. Quibus ex eausis in possessionem eatur: But to understand the true original of this Writ, it is to be known, ●hat 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 ●e sued, to send forth a Writ to the Sheriff of ●●e County where the Court lay, for the calling ●im in: and if the Sheriff returned, Non est inventus in Baliva nostra, etc. then was there a second Writ procured forth, that had these words, (Testatum est ●um latitare, etc.) and thereby the Sheriff willeth 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 Sheriff of Middlesex 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 wits 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 elsewhere, and that therefore he was to be apprehended in any place else. where he was presumed to lie hidden, by a Writ directed the Sheriff 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 sued 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 Councillors, 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 Franciae, Scotiae, & Hibernia Rex, fidei defonsor, etc. Vicecomisi Cantabridgiae salutem. Cum Vicecomiti nostro Middlesexiae nupar praeceperimus, quod caperct Thomam T. & Willielmum W. si invents fuissent in Baliva sua, & eos salvo custodiret, ita quòd haberet copora eorum coram nobis apud Westminster die Veneris proximo post octavas Sanctae Trinitatis, ad respondendum Roberto R. de placito transgressionis, cumque Vicecomes noster Middlesexiae, ad diem illum nobis returnaverit, quod praedicti Tho. T. & Willielmus W. non sunt i●venti inbaliva sua, super quo ex parte praedicti Roberti in curia nostra coram nobis sufficienter testatum est, quòd praedicti Thomas & Willielmus latitant & discurrunt in Comitatu tuo. Idcirco tibi praecipimus quod capias eas, si inventi fuerint in baliva tua, & eos salvo custodias, ita quod habeas corpora eorum coram nobis apud Westminster, die Martis proximo post tres septimanas, eodem Trinitatis, ad respondendum praefato Roberto de placito pradicto, & habeas ibi tunc hoc breve. Teste Johanne Papham apud Westminster. Roper. Launcegay, anno 7 Richard. 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 Leen variable. For first, Dunwallo Mulmutius otherwise Molincius a Britain, that being Duke of Co●nwall, 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, p. 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 illo confugiens extrahi possit, antequàm ab eo quem laeserat, veniam impetraverit. 2. Ut hujusmodi priv●legium immunitatis habeant etiam ipsae viae q●●● ducunt ad templa & ad urbes. 3. Imo et jumenta quoque illa, quae res rusticae subveniunt. 4. Denique colonorum aratra ip sa tali praerogativa libertatis perfruantur. 5. Ho● amplius, ut ne qua terra vacaret culture, neve populus inopia rei frumentariae premeretur, aut ●a miniseretur, si pecora sola oecuparent agros qui ab hominibus coli debent. 6. Constituit quot aratra quaelibet dioecesis haberet: ac poenam statui iis, per quos ill● numerus aratrorum foret dimunitus. 7. Item vetuit, bovem aratorem pro debito pecuniae assignari debitoribus, si alia bona debitoris essent. Itae fore, ne compendii causa homines pecuarii agros incultos redderent: sic etiam fore, ne quid earum rerum quas natura praebet, hominibus usquam deesse passet. Rich. Vitus, historiarum Britann●a. l. 3. n. 1. And of these Laws we find no obscure remanets in our laws now in use. See Madge na Charta cap. 1. et cap. 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, Leicester-shire, Rutland-shire, Lincolnshire, Nottinghamshire, and Derbyshire, Camden 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 favoureth of the Saxons time, it is reported by others that Martia a very learned Queen, & wife to Quintelinus a Britton King, was the Author of them long before the Saxons set foot into England. Rich. Vitus, histo. Briton. li. 3. num. 14. who also saith that Alfrea 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 writ, whereby he ruled his Kingdom. But M. Camden ubi supra, speaking nothing of Mulmutius laws, saith out of Gervasius 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, & not else where. As tenant by the courtesy of England, an. 13 Ed. 1. c. 3. and again, to wage Law, vadiare legem: and to make law, facere legem, Bracton l. 3. tract. 2. c. 37. is to challenge a special benefit, that the Law of this Realm affordeth in certain cases: whereof the first, sc. vadiare legem, is to put in security, that he will make law at a day assigned, Glanvile 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 their 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, Glanvile, l. b. 1. cap. 9 & 12. And see Bracton ubi supra, num. 1. v. Kitchen fol. 164. See the new exposition of law Terms, verbo (Ley) this is borrowed from Normand●, as appeareth by the Grand Customary, cap. 85. But Sir Edward Cook saith, it springeth originally from the Judicial law of God, lib. 4. of his Reports, Slades Case, fol. 95. b. alleging the 22 Chapter of Exodus, verse 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. titulo 4. sect. 3. & titulo 10. & titulo 26. Law of Arms (jus militare) is a Law that giveth precepts and rule how rightly to proclaim war, to make and observe leagues and 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 writ de ●re belli. Law day, signifieth a Leet, Cromptons' jurisdict. fol. 160. and the County Court, anno 1 Edw. 4. cap. 2. Lawless man, is he qui est extra legem, Bracton, lib. 3. tract. 2. cap. 11. num. prim. See Outlaw. Law of Marque. See Reprisalls. This word is used anno 27 Edw. 3. stat. 2. cap. 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 Edw. 3. stat. 8, 9, 19, et 20. anno 13 Edward 1. stat. tertio. Lawing of dogs (expeditatio canum) See Expeditate. Mastiffs must be lawed every three year, Crompton jurisdict. fol. 163. LE Leasi (lessa) cometh of the French (laysser, i. linquere, relinquere, smittere, permittere:) It signifieth in our Common law, a demise 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 paroll. 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 Lessee. And a lease hath in it six ponts: viz. words importing a demise, a leassee named, a commencement from a day certain, a term of years, a determination, a reservation of a rent, Cook vol. 6. Knight's Case fol. 55. a. Leet (leta) is otherwise called a law day, Smith de Repub. 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 Lambard, num. 34. was a Court of 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 Leets 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 this book to the fift Chapter, B●itton, cap. 28. But this Court, in whose Manor 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 Sheriffs, Turn, fol. 64. And it enquireth 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 of Assize, per Statut. anno 1. Ed: 3. cap. ult. Kitchen, fol. 8. but what things be only inquirable, and what punishable, see Kitchen 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 8. 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 same, with the power of our Leet, cap. 4. of the grand Custumary. 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 cometh with them to their annoyance or disturbance. Regist. orig. fol. 267. Fitz, nat. Brev. fo. 234. Lestage, aliâs lastage, (lastagium) proceedeth from the Saxon word (last. i. onus) and is a Custom challenged in Fairs and 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 Le stagii lib. 1. cap. 47. § Lesting. Letters of Exchange, (literae Cambitoriae, vel literae 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 Fitz. 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. Hen. 6. cap. 16. yet for difference sake, the king's letters patents be called letters patents royal. Anno 2 Hen. 6. cap. 10. There is likewise a writ patent, Fitzh. nat. br. fol. 1. & seqq. Levari facias, is a writ directed to the Sheriff, for the levying of a Sum of money upon lands and tenements of him that hath forfeited a Recognizance, etc. Regist. origin. fol. 298. b. & 300. b. Levari facias damna de disseisitoribus, is a writ directed to the Sheriff, 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 Sheriff, for the levying of a Remanant of a debt upon lands and tenements, or chattels of the debtor, that hath in part sasatisfied before, Regist. orig. fol. 299. Levari facias quando vicecomes returnavir quòd non habuit emptores, is a writ commanding the Sheriff to sell the goods of the debtor, which he hath already taken and returned that he could not sell them, and as much more of the debtor's goods, as will satisfy the whole debt. Register, orig. fol. 300. a. Letter of Attorney (litera Atturnatus) is a writing authorising 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 procuratorum.) 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 delivebefore 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. parte 2. symbol. tit. Recoveries. sect. 1. F. See the Statute, anno 7 R. 2. cap. 13. Letters of Marque. See Marque and law of Marque. See Reprisals. See an. 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, attollere) 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 Levarifacias. LI Libel (Libellus) literally signifieth a little book, but by use it is the original declaration of any action in the civil law, an. 2 H. 5. cap. 3. & anno 2 Ed. 6. ca 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 infamous libel, famosus libellus. Libello habendo. See Copia libelli deliberanda. Libera Chasea habenda, is a writ Judicial, granted to a man for a free chase belonging to his Manor, 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, Chamberlanes, 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. Brook, titulo Taile d'Exchequer. nu. 4. Reg. orig. fol. 193. a. b. or sometime to the Sheriff, etc. nat. br. fol. 132. for the delivery of any lands or goods taken upon forfeits of Recognisance, Fitz. nat. br. fol. 131, & 132, v. Coke lib. 4. Fulwoods' case, foe 64, 66. & 67. It is also to a Jailer from the Justices, for the delivery of a Prisoner that hath put in bail for his appearance, Lamb. Eiren. lib. 3. ca 2. Libertate probanda, is a writ that lieth for such as be challenged for Slaves, and offer to prove themselves free, to the Sheriff, 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. Fitzh. nat. brev. fol. 77. See Nativo habendo. Libertatibus allocandis, is a writ that lieth for a Citizen or Burgess of any City, that contrarily to the liberties of the City or Town whereof he is, is impleaded before the King's Justices, or Justice's errants, or Justice of the Forest, etc. that refuseth, or deferreth to allow his privilege, Origi. Regist. fol. 262. Fitz. nat. br. fol. 229. Libertatibus exigendis in itinerè, 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. orig. fol. 19 b. Libertas (lbertas) 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 Oxegans, and every Oxegange 13. A●●s. Skene de verb. signif. verbo Bovata terra. 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 essoined 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 licenced 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 essoined 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 shall be adjudged to be deceitfully essoined, and to have made default. Of this see Bracton, lib. 5. tract. 2. ca 7, 10, and 12. and Fleta, li. 6. ca 10. Horn in the second book of his Mirror, ca des Essoynes, 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 Tenent essoined the malo lecti, obtaineth liberty to rise. See Licence to arise. See the Register, fo. ●. 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 kings licence thereunto, Register original fol. 193. b. Lieutenent (locum tenens) is a French word, signifying as much as Legatus. It is compounded of lieu, id est, locus, and tenir, id est, tenere. It signifieth with us, him that occupieth the King's place, or representeth his person, as the Lieutenent of the kings of Ireland, anno 4. H. 4. cap. 6. So it is used an. 2 & 3 Edward 6. cap. 2. whence that officer seemeth to take his beginning. But I read also in Master Man● woods first part of Forest laws, pag. 113. that the Lord chief Justice in Eyre of the Forest, and the chief warden also, have their lieutenents in the forest. So that though a Lieutenant be most ordinary and most properly used for the deputy of a king, yet is it sometime extended to their deputies that be but lieutenants to the King. Lieutenent of the ordinance, anno 39 Eliza. cap. 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, an. 34 & 35 H. 8. cap. 1. and an. 25 ejusdem, cap. 3. and sometime for Liege man, an. 10 R. 2. ca 1. and an. 11 ejusdem, cap. 1. Liege-lord is he that acknowledgeth no superior, Duarenus in commentar. de Consuctud n. Feudorum, cap. 4. nu. 3. Liegeman is he that oweth legeancie to his Liege lord. Master Skene, de verbo signif. 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 Jdem eodem, num. 4. I find also this definition of ligeancie, in the grand Custumary of Normandy, ca 13. Ligeantia est, ex qua domixo tenentur vasalli sui contra omnes homines qui mori possunt & vivere, proprii corporis praeberi consilsi & auxilii juvamentum, & ci se in omnibus innocuos exhibere, nec ei adversantinm partem in aliquo confovere. Dominus etiam eosdem tenetur regere, protegere & defensare: eosque secundum ura & consuetudines, & leges patriae pertractare. This is otherwise called legietas, Cassand. de Consustud. Burgund. pag. 420 & 421. This word is used in the Statutes of our realm, as the King's liege people, anno 14 Hen. 8. ca 2. Of the oath of legeancy, Jacobutius de Franchis, in praeludio Feudorum, ca 2. num. 138, hath these words: Praestatur hoc ligeum homagium in manibus regis vel Imperatoris, genibus flexis, positis manibus junct is in manibus Domini, dicendo; Ego juro homagium tibi Domin. ut ae 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 novo forma fidelita: & hoc ligenm homagium videmus praestari domino Regi tantum: quiacùm per id efficiatur homo solius illius, cui juratur, ut dixit Hostiensis in ca ex diligenti. de Simon. alunon potest praestari, i. quia illius solius esse similiter non potest; non n. esse potest duorum in solidum l. si ut certo. §. si duobus vehiculum. π. commodati. secundùm And. in dicto ca 1. § omnem. et. Bald. hic in 7 divis. & Alvar. in 13. divisione. Non ligeum verò dicitur, quando quis jurat fidelitatom 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. 829. etc. Ligeance (Ligeantia) see Liege. It sometime signitieth the dominions or territoritie of the liege Lord: as anno 25 Ed. 3. stat. 2. Children born out of the liegeance of the King. Lierw●test 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 bondwoman: see Lotherwit. Limitation of assize (limitatio assisae) is a certain time set down by Statute, wherein a man must allege himself or his auncestourto have been seized of lands sued for by a writ of Assize. See the Statute of Merton. cap. 8. an. 20 Hen. 3. and Westm. 1. ca 38. and anno 32. H. 8. ca 2. & an. 1. M. 1. pag. ca 5. See also Theloals Digest of writs, li. 10. ca 2. So it is used in Old Nat. Br. fol. 77. in these words; The writ de consuetudinibus et servitiis lieth, where I or mine ancestors, after the limication 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 Dean 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 King Edward the fourth, as appeareth by Stawnf. praerogat. ca 21. fo. 72. He wrote a book of great account, called Litletons' Tenure, which Hotoman in his Commentary de verbis Feudalibus, verb. Foedum, thus commmendeth: Stephanus Pasquerius excellentivir ingenio, & inter Parisienses causidicos dicendi facultate praestans, libellum mihi Anglicanum Litletonum dedit, quo Feudorum Anglicorum jura exponuntur, ita inconditè absurte et inconcinnè scriptum, ut facilè appareat verum esse quod Polydor. Virgilius in Anglica Historia scribit, stulsitiam in eo libro cum malisia et caluminiandi studio certare. Literae ad faciendum attornatum pro secta facienda. See in the Register original. fol. 172. Literae de annua pensione, eodem 266 & 307. Litera patens ad faciendum generalem atturnatum quia infirmus, eodem fo. 21. Litera per quam Dominus remittit curiam suam Regi, cod. fol. 4. Literae de requestu, eodem fol. 129. Literaet Canonici ad exercendam jurisdictionem loco suo, fo. 305. Literae patentes ad conferendum Beneficia, domino in remotis agente, fol. 305. Literae adinnotescendum recuperationem Regis de ecclesia omnibus quorum interest, fol. 305. Literae patentes Regis quod Abbas ad totam vitam suam possit facere Attornatos generales, fol. 21. Literae procuratoriae fol. 205, 306. Literae Regiae deprecatoriae, pro annua pensione, fol. 307. All these you may see in their places and understand the meaning of them as occasion shall require. Livery (Liberatur.) is drawn from the French liure, i. insigne, gestamen, Centuriale discrimen, nota Centurialis, turmalis. Or else from liurer, id est, tradere, and accordingly hath three 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. et anno 20. ejusdem, cap. 1, et 2. and anno 7 Hen. 4. cap. 14. and anno 8 Edw. 4. cap. 2. et anno 7 ejusdem, cap. 14. and anno 13 ejusdem, cap. 3. and anno 8 H. 6. ca 4. and anno 8 Ed. 4. cap. 3. and anno 3 H. 7. cap. 1. & 12. and anno 11 e usdena, cap. 3. and anno 19 ejusdem, 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 Henry. 3. cap. 16. and an. 17 Ed. 2. cap. 3. that is, when any such Tenant dyeth, the King forthwith entereth, and holdeth it until the Heir do his homage, and so pray this land to be delivered unto him. Which act in the King is called Livery, and Livery in this signification is either general or special, Stawnf. praerogat. fol. 12. et 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 Tenent in suing out his Livery, by which pardon the missuing is dispensed with. Stawnf. pag. 67. ca Travers. 20. See the Institutes and grounds of the Common law, Chapter the thirtieth, 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 Land at the King's hands. Which see in Fitz. nat. brev. 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 probality of right unto them. For as Bracton saith, Traditio debet esse vestita et non nuda: sc. quod traditione praeced at vera causae, vel idputativa, qua transeat Dominicum. Lib. 2. cap. 18. nu. 3. West. parte 1. symbol. li. 2. sect. 169. calleth this a Ceremovy 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. Lieutenant, see Lieutenant. Lieutenant of the Tower, seemeth to have been an Officer under the Constable, a. H. 4. cap. 15. LO Locus partitus, signifieth a division made between two Towns or Countries, to make trial in whether the Land or place in question lieth. Fleta lib. 4. cap. 15. nu. 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 folio 180. And again in the same place, An action of trespass for battery, etc. is transitory, 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 Gardiner, before he be seized of him; but not of the Land, because it is local. Perkins Grants, 30. Lobbe, is great kind of North sea fish, an. 31 Ed. 3. stat. 3. ca 2. Lodemanage, is the hire of a Pslot for conducting of a ship from one place to another. Loich fish, as Job, Ling, Cod, an. 31 Ed. 3. stat. 3. cap. 2. Lodeworks, is one of the works belonging to the stanneries in Cornwall; for the which read M. cambden's Britan. in his title of Cornwall, pag. 119. See Stremework. Lollards (Lollardi) 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, an. 2 H. 5. cap. 7. whereof Weekliefe was the chief, as Stow saith in his Annals, pa. 425. who by this report went bare footed, and basely 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 derià Lolio, quia sicut lolium inficit segetes: sic Lollardi multociens inficinnt 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 German, as the first Author of that Sect, living about the year of our Redemption 1315. Lord (Dominus) by Master Cambdens' opinion, is a contract of Lafford, which is the Danish word for dominus. It is a word of honour with us, and is used diversely. 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 Manor, 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 measn. Lord Measn is he that is owner of a Manor, and by virtue thereof hath Tenants holding of him in fee, and by copy of Court-roll, and yet holdeth himself over 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 other hold mediately or immediately of him, and he of none, In this signification I like wise read, Very Lord, and very Tenent, eodem fo. 42. and Brook titulo Heriot, n. 1. where I think, very Lord is he which is immediate Lord to his Tenent: and him to be Very Tenent to that Lord of whom he immediately holdeth. So that if there be Lord above, Lord measn and Tenant, the Lord above is not very Lord to the Tenent, nor the tenant very tenent to the Lord above. Lord in gross, Fitzh. nat. brev. fol. 3. is he that is Lord having no manor, as the King in respect of his Crown, idem fol. 5. f. See him also fo. 8. a, b. where I find a Case wherein a private man is Lord in gross, viz. a man make a gift in tail of all the land he hath, to hold of him, and dieth; his heir hath but a signory in gross. Lorimersy an. 1 Richard 2. cap. 12 is one of the Companies of London, that maketh Bits or Briddles of Horses, and such like: the name seemeth to be taken from the Latin Lorum, and is elsewhere written Lorinors. Lotherwit, aliâs Leyerwit, is a liberty or privilege to take amends of him that defileth your Bondwoman without licence. Rastals expositinn of words. It is an amends for lying with a Bondwoman. 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. LU. Lusernes, see Fur. Lushoborow, is a base coin used in the days of King Edward the third: 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, anno 25 Edward the third, stat. 4. cap. secundo. MA MAcegriefs, aliâs Macegrefs, be such as willingly buy and sell stolen flesh, Briton cap. 29. fol. 71. b. Cromptons' Justice of Peace, fol. 193. a. Magna assisa eligenda, is a Writ directed to the Sheriff, to summon four lawful Knights before the Justices of Assize, there upon their Oaths to choose twelve Knights of the vicenage, etc. to pass upon the great Assize between A. Plaintiff, and B. Defendant, etc. Regist. 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 of 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 K. 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 beneficial to the Subject, and a Law of so great equity in comparison of those which were formerly in use, that King Henry the third was thought but hardly to yield unto it, & that to have the 15th penny of all the movable goods both of the Spiritualty and Temporalty throughout his Realm. Holinshed in Hen. the 3d. And though this Charter consist not of above 37 Charters of Laws: yet is it of such extent, as all the laws we have is thought in some sort to depend of it Polydor. and Holinshed ubi supra. Mahim (Mahemium) cometh of the old French (Mehaigne) as M. Skene saith the verbor. significat. verbo Machanium, and signifieth a corporal hurt, whereby a man loseth the use of any Member, that is, or might be any defence unto him in Battle. The Canonists call it Membrimutilationem, as the eye, the hand, the foot, scalp of the head, his foretooth; or as some say, of any finger of his hand, Glanvile lib. 14. cap. 7. See Bracton at large, lib. 3. Tractat. 2. cap. 24. num. 3. and Britton cap. 25. and Stawnf. pl. cor. lib. 1. cap. 41, and the new exposition of Law-terms, and the Mirror of Justices, cap. d'Homicid. The grand Customary of Normandy cap. 6. calleth it Mahaignium, and defineth it to be Enormen 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 Ugolinus de irregularitatibus, cap. 4. sect. 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 Amener, i. abducere. It signifieth in our Common law, the thing that a Thief taketh away or stealeth. As to be taken with the Manor, Pl. cor. fo. 179, is to be taken with the thing stolen about him: & again fo. 194. It was presented, that a Thief was delivered to the Viscount together with the Mainour. And 3ly, fo. 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 Mainour, 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, fo. 149. If the Defendant were taken with the Manor, and the Manor be carried to the Court, they in ancient times would arraign him upon the Manor, without any appeal or indictment: I find this word used in the Old nat. brev. fol. 110. in this sort: where a man maketh a thing by Manor or levying, or estopping, in such Case he shall have assize: where it signifieth handy labour, and is but an abbreviation of Mainovery. Mainure, see Minoverye. Mainprize (manucaptio) is compounded of two French words, Main, 1. manus, and prius, id est captus, which is a participle of the verb prendre, id est, 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 forthcoming at a day assigned: as to let one to mainprize, Old nat. bre. f. 42. is to commit him to them that undertake his appearance the time appointed. And they that do thus undertake for any, are called Mainpernours, because they do receive him into their hands. Pl. Co. 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 Brook titulo Mainprize, per totum, and Fitzh. nat. brev. fol. 249. & seq. Master Manwood in his first part of his Forest laws, pa. 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 several summons, or otherwise. But otherwise it is where a man is let to bail to four or two men, by the Lord Justice in Eyr 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 Master Manwood. The Mirror of Justices maketh a difference also between pledges and Mainpernours, saying, that pledges are more general, and that Mainpernours are body for body, lib. 2. c. de Trespass venial, and lib. 3. cap. des Pledges and Mainpernours. When Mainprises may be granted and when not, see Cromptons' Justice of Peace, fol. 136, etc. usque 141. and Lambert, Eirenarch. 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 Hen. 8. cap. 9 And when a man's act in this kind is by Law accounted Maintenance, and when not, See Brook titulo Maintenance: and Kitchm fol. 202, & seq. and Fitzh. natura brev. fo. 172. and Cromptons' Jurisdictions, fol. 38. The writ that lieth against a Man for this offence is likewise called Maintenance: Terms of the Law, verbo Maintenance. Special Maintenance, Kitchen fol. 204. seemeth to be maintenance most properly so termed. Of this see Cromptons' Justice of peace, fo. 155. b. and the New Book of Entries, verbo Maintenance. Maintenance, v. 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. brev. 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 Feudal. Sacramentales à Sacramento, id est, juramento diceb antur two, qui quamvis rei de qua ambigebatur, testes non fuissent, tamen ex ejus, cujus res agebatur, animi sententia, in eadem quae ille verba jurabant: illius videlicet probitate & innocentia confisi. Nam tuum 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. brev. folio 14. To make Oath, is to take Oath. Maletent, in the Statute called the confirmation of the liberties of, etc. anno 29 E. 1. cap. 7. is interpreted to be a toll of forty shillings for every sack of Wool. Srow in his Annals calleth it a Maletot, pag. 461. See also the Statute de Tallagio non concedendo, an. 35 ejusdem stat. Malin, see Marle. Manbote signifieth a pecuniary compensation for killing of a man. Lambert in his Exposition of Saxon words, verbo Aestimatis. Of which read Roger Hoveden also, in part poster, suorum annal. f. 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 Escheatour, for the same purpose for the which it should formerly have been sent forth, Fitzh. nat. brev. fol. 253. B. See Diem clausit extremum. Mandamus is also a charge to the Sheriff, 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, where of you shall see diversity in the Table of the Register judicial. verbo Mandatum. Manor, (Manerium) see meth to come of the French (manoir i. domicilium, habitatio) M. Skene de verb. signif. verb. Manerium, saith it is called mane ium 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 Manors, it seemeth that in the beginning, there was a certain compass or circuit 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, injoining them again such services and rents, as he thought good, and by that means as he became Tenent to the King, so the inferiors became Tenants unto him. See Perkins Reservations 670. and Andrew Horns Book entitled the Mirror of Justices, l. 1. cap. du. Roy Alfred. See the definition of a Manor. 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. 1. de origin. & libris Feudorum. And I find that according to this our custom, all lands holden in fee throughout France, are divided into Fiefz, and arrierifiefz, where of the former are such as are immediately granted by the K. the second such as the King's feudataries do again grant to others, Gregorti Syntagm. lib. 6. ca 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 whosoever 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. Broke hoc titulo per totum. Bracton, lib. 4. ca 31. num. 3. divideth manerium, in capitale & non capitale. See Bracton, lib. 5. tractat. 5. ca 28. nu. pri. See Fee. The new ex● ositor of Law terms faith, that Manner is a thing compounded of divers things, as of a house, land earable, pasture, meadow, wood, rent, advonzen, 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. Mansio; (Mansio) as Bracton 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 pessit 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, lib. 2. ca 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 Lamberd in his explication of Saxon words, verb. Hida terrae, saith, that that which he calleth familiam, others ●ince 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 Commentariis Feudorum, lib. p. tit. 4. verse. de Manso. Agri deserti et inculti certa mensura dabantur cultoribus quasi in emphyteusin, ut culti et meliorati, feudi jure à vasallis possiderentur. In contractu autem vasalli nonnunquam incrementum, i. melior ationem omnem sive recipsebant, sive per culturam, sive per inaedificationem ea melioratio fieret, etc. And Cassaneus, de consuetnd. Burg. pa. 1195, defineth it thus: Mansus est, quantum quis cum uno pari bonum laborare possit. Proving it out of Bartolus, in lib. si ita π. de auro & argen. legato: in fine ligis. Read Master Skene, de verb. signif. verbo Mansus. I read the Lacine word mansia in the same signification; as namely in the Charter granted by King Kanulphus to Ruchin the abbot of Abington, which Sir Edward Cook setteth down in his book de Jure regis ecclesiastico. Manslaughter (homicidium) is the unlawful kill of a man without prepensed maice: as when two, that formerly meant no harm one to another, meet together, and upon some sudden occasion falling out, the one killeth the other. West part 2. symb. titulo Inditements, sect. 44. it differeth from murder, because it is not done with foregoing malice: and from chance-medley, because it hath a present intent to kill. And this is selony, but admitteth Clergy for the first time, Stawnf. bls. Cor. li. 1. ca 9 and Britton cap. 9 It is confounded with murder in the Statute, an. 28 Ed. 3. ca 11. Mantyle (mantile) cometh of the French manteau, and signifieth with us a long robe, an. 24 H. 8. ca 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 Sheriff, or other having bower to let to mainprize. Fitz. nat. brev. fol. 249. See Mainprize. How diversely it is used, see the Register original, in the Table. Manuel (manuelis) is a thing whereof present profit may be made, Stawnf. praerog. fo. 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, Master Lambert in high, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth down in these words: Si quis velit servum suum liberum facere, tradat eum Vicecomiti, per manum dexteram, in pleno comitatu, et quietum illum clamare debet à jugo servitutis suae per manumissionem: et ostendat ei liberas portas, et vias, et tradat illi libera arma, scilicet lanceam et glad●um: et deinde liber homo efficitur. Some also were wont to be manumitted by Charter of manumission: Vide Brook, titulo Villeinage, fol. 305. The new expositor of Law Terms maketh two kinds of manumission: one expressed, another employed. Manumission expressed, is when the Lord maketh a Deed to his Villain to infranchise 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 hand. Manumission employed 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 sure, or granteth him an Annuity, or leaseth land unto him by Deed, for years, or for life, and such like. Manutenentia is a writ used in case of maintenance. Reg. original, foe 182 et 189. See Maintenance. Marches (Marchia) be the bounds and limits between us and Wales, or between us and Scotland: anno. 24 Hen. 8. cap. 9 Camb. pag. 453 and 606. and the marches of Scotland are divided in●o West and middle Marches, anno 4 Henr. 5. cap. 7. et anno 22 Edward. 4. cap. 8. It seemeth to be borrowed from the Germane March, i limbs: Camden's Britan. pa. 27. or it may be from the French Marque, id est signum, being the notorious distinction of two divers countries or Territories. It is used in the Statute, anno 24 Hen. 8. cap. 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 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. ca 18. et anno 26 Hen. 8. cap. 6. and anno 1 Edward. 6. ca 10. where they are called Lord Marchers. See an. 27 H. 8. ca 26. how these were extinguished. Mareshall (Marescallus) is a French word, signifying as much as Tribunus scelerum, or Tribunus militum with the ancient Romans, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Tiraquel. de nobilitate, c. 8. p. 42. n. 17. The French word may seem also, among many other that they have, to proceed from the Germane Marschalk, id est, equitum magister: which Hotomon, in verbis feudalibus, verbo Marschalkus, deri●eth from the old word March, signifying an house. With whom agreeth Lupanus, de Magistratibus Franciae, lib. 1. cap. Marcshallus. Others make it of these two Saxon words, Mar, id est, equus, and scalch, id est, praefectus: Or as Master Verstegan faith, 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 Marshal of England; of whom mention is made in divers Statutes, as an. 1 H. 4. cap. 7 et 14. and anno 13 Ri h. 2. cap. 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 lib, 2. cap. de Conestabili, Mariscallo, etc. But he that would know the office of our Lord Marshal, had need, beside the few Statutes which concern him, to read his Commission, and also to have access to the Heralds, 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, and to hear & determine suits between those of the King's household, and others within the verge, Cromp. Jurisdictions, f. 102. Of him you may read, Fitz. nat. br. f. 241. b. & an. 18 Edward 3. stat. 2. ca 7. and an. 27 Edw. 3. stat. 2. ca 6. and an. 2 H. 4. c. 23. and an. 15 H. 9 ca 1. Fleta. saith, That the office of the Marshal of the King's house belongeth to the Earl of Norfolk 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 and decrees of the Steward, and to have the keeping of the prisoners, lib. 2. cap. 4. and read further of his office in the fift chap. 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 H. 3. statut. 5. Then be there other inferior Officers of this name: as Marshal of the Justices in Eyr, anno 3 Edw. 1. cap. 19 Marshal 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. brev. fol. 251. I. And these inseriour Marshals be either ad placitum, or in fee, Kitchen fol. 143. I find also in Fleta lib. 2. ca 15. mention of a Marshal of the King's Hall, whose office is, when the Tables be prepared and 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 of the Household his lodging. There is also a Marshal of the Exchequer, anno 51 H. 3. stat. 5. to whom the Court committeth the custody of the King's Debtors during the Termtime, to the end they may be; farther imprisoned, if they clear not their Debts. He also assigneth Sheriffs, Escheatours, 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 Treasurer's Remembrancer. Mareshalsee (Marescaltia) is the Court of the Marshal, or word for word) the seat of the Marshal; whom see Cromptons' jurisd. 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. ca 5. & anno 2 Henry 4. cap. 23. Martial law, is the Law that dependeth upon the voice of the King, or the King's Lieutenant in wars. For howbeit, 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. Angl. li. 2. cap. 3. See Law of Arms. Marriage (Maritagium) signifieth not only the coupling together of a man and wife, but also the interest of bestowing a ward or a widow in marriage. Magna Charta cap. 6. anno 9 Hen. 3. and Bracton lib. 2. cap. 3. and also it signifieth land given in marriage, Bracton lib. 2. cap. 34, & 39 And in this signification the same Author saith, that Maritagium est aut liberum aut servitio obligatum. li. 2. cap. 7. num. 3, & 4. Liberum maritagium disitur, ubi donator vult quod terra sic data, quieta sit & libera ab omni seculari servitio, quod ad Dominum feudi possit pertinere: & its quòd ille, cui sic data fuerit, nullum omninò inde faciat servitium usque ad tertium haeredem, & usque ad quartum gradum: ita quòd tertius haeres sic inclusivus. See the rest. See also Skene de verbo significat. verbo Maritagium, who is worth the reading. Maritagio amisso per desaltam, is a writ for the Tenent in Frank marriage, to recover lands, etc. whereof he is deforced by another, Reg. fol. 171. Maritagio forisfacto, is a writ. See For is factura Maritagii. Mark (merca) cometh of the Saxon (Mearc) which signifieth a piece of money worth thirty silver pence. Lamb. explication of Saxon words, verbo Mancusa: what it now signifieth in our coin, every man knoweth. But in ancient times I find a mark of gold, which was the quantity of eight ounces. Stows Annals pag. 32. and again pag. 691. 12 marks of Gold Troy weight, the which was 200 pounds of English money, after which rate every mark valued 16 pounds 13 shillings four pence. M. Skene de verbo signif. verbo Merke, saith, that in tractatu de ponderibus & mensuris, a mark signifieth an ounce weight, or half a pound, whereof the Dram is the eight part, like as the ounce is the eight part of a mark; citing Cassanaeus de consuet. Burgund. Rub. prim. §. 7. verbo. Solz Turnoy. hiis verbis. Solidus (inquit) in jure capitur pro auro, quorum 72. faciunt libram auri, & duodecim unciae faciunt libram, & octo unciae mercam. Market (mercatus) cometh of the French (march. i. emporium, forüm 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. brev. 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 leucas & 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 meroes deposuerint & exposuerint suerint venales, quibus necessaria erit prolexior mora in mercatu: & tertia pars relinquitur redeuntibus de mercatu ad propria. Et quae quident omuia necessa erit facere de die, non de nocte, propter insidias & 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 Edw. 4. cap. 4. Marque, 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 Marks are found in the same signification in the same Chapter. The reason may be, because the griefs whereupon these Letters are sought and granted, are commonly given about the bounds and limits of every every Country: or at least the remedy for the same is likest there to be had by some sudden inroad, and happing of such recompense of the injury received as may most conveniently be lighted upon. See Reprisalls. 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 vocabilum putamus. And afterwards thus: Hujusmodi Marchionum (sive ut nos appellamus) Margraphiorum origo in limitaneos, praepositos, sive duces referenda: Margraphii dicti quòd limitibus, quos vulgo marken, appellamus, graphii, td 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 L. Warden of the Marches northward, and a Warden of the Cinque Ports toward the Southeast, and were wont to have Lord 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 this days, whose learned Readins are extant, but not in print. Lambert Eirenarch lib. 1. cap. 1. Marterns, see Fur. Master of the Rolls (Magistri rotulorum) is an Assistant unto the Lord Chancellor of England, in the High Court of Chancery, and in absence heareth Causes there, and giveth Orders, Cromptons' Jurisdiction, fol. 41. His Title in his Patent, as I have heard, is, Clericus parvae bagae, Custos rotulorum, & domus conversorum. This Domus conversorum is the place where the Rolls are kept, so called because the Jews in ancient time, as there 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 Indictments passed in the King's Courts, and many other things. He is called Clerk of the Rolls, anno 12 Rich. 2. cap. 2. and in Fortescue his Book, cap. 24. and no where Master of the Rolls, until anno 11 H. 7. cap. 20. and yet an. 11. ejusdem cap. 25. he is also called Clark, In which respect Sir Thomas Smith, l. 2. cap. 10. de Repub. Angl. well saith, That he might not unfitly be called Custos Archivorum. He seemeth to have the bestowing of the offices of the six Clarks, anno 14, & 15 Henry the eight, cap. 1. Master of the Mint, an. 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 & 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 and 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 endeavour to the uttermost of his power to see the King justly answered, of all such profits, rents, revenues, and 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, an. 33 H. 8. cap. 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 Noblemen 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. ca 7. and an. 1 Edw. 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 K. messages & other businesses, in the thorow-fair 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 therewith 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 an. 2 E. 6. cap. 3. Master of the Armoury, is he that hath the care and oversight of his Majesty's 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 Elizabeth, cap. 7. Master of the Jewelhouse, 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. Clarks of the Jewelhouse, 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 lose Jewels not fixed to any garment. Mention is made of this Officer, a, 39 Eliz. c. 7. Master of the King's Household, (magister hospitii) is in his just Title called Grant 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 Henry 8. cap. 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 possess that office. Master of the Ordinance, anno 39 Eliz. ca 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 L. Chancellor or L. 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 sit in Court every day throughout each Term, and have committed unto them (at the Lord Chancellor's 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 trained, as also for prevention of such frands, 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 Statute, anno 2 Edw. 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 (magister 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 Queens ancient robes remaining in the Tower of London, and all Hang of Arras, Tapestry, or the like, for his Majesty's 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 Majesty's Servants of the Privy Chamber, or others. Mention is made of this Officer, anno 39 Elizab. cap. 7. Matterin deed, and matter of record, are said to differ, Old nat. brev. 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 sued 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 specialty, and nude matter; where he saith, that nude matter is not of so high nature, as either a matter of Record, or a specialty, 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 shuffled up of two French words (Malipiero) and (Gre) i. animo iniquo) it signifieth with us, as much as in despite, or in desof ones teeth, as the wife maugre the husband, Litleton, fol. 124. that is, whether the husband will or not. ME Mean (Medius) signifieth the middle between two extremes, and that either in time or dignity. Example of the first, his action was mean betwixt the disseisin made to him & 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 consuet. Burgund. pag. 1195. and interpreted by him Mansus: what Mansus is, see Mansion. it signifieth house, Kitch. fol. 239. and Fitz. nat. br. fo. 2. C. See Mesuage. Medlefe, Cromptons' Justice of peace. fol. 193. is that which Bracton, calleth medletum) li. 3. tract. 2. cap. 35. It seemeth to signify quarrels, scuffling, or brawling, and to be derived from the French (mesler. i. miscere, turbare.) Mere (Merus) though an Adjective, yet is it used for a Substantive, signifying mere right, Old 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 Sovereign Lord the King, or to join battle. See Miso. Mesurement. See Admesurement. Medietas linguae, signineth an inquest empaneled upon any cause, whereof the one half consisteth of Denizens, the other of Stranggers. 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 Stat. an. 28. Ed. 3. cap. 13. & an. 27. ejusdem stat. 2. c. 8. commonly called the Statute of the Staple, et an. 8. H. 6. cap. 29. et anno 2 H. 5. cap. 3. & anno 11 H. 7.21. & anno. 1. & 2. Phil. et Mar. cap. 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. Stawnford, pl. cor. lib. 3. cap. 7. Medio acquietando, is a writ judicial, to destrain 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. Fitz. nat. br. fol. 255. Merchenlage, was one of the 3. sorts of laws, out of which the Conq. framed Laws unto us, mingled with those of Normandy, Camd. Brit. p. 94. who also p. 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, Southrey, Berkshire, Hampshire, 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, Liecester, Lincoln, Northampton, Bedford, Buckingham, Hartford, Essex, Middlesex, Northf. Southf. Cambridge, Huntingdon. The Third was ponessed 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 (Miserecordia) 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 dieu) by which names divers Hospitals, are named. You find the word, anno 2 & 3. Philip et Mar. cap. 23. in fine. Mese. See Mease. Measn (m us) seemeth to come from the French (maisnè, i. minor natu) it signifieth in our Common law, him that is Lord of a manor, 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 Tenent, the Tenent holding of the mesn by the same services, whereby the mesn holdeth of the Lord, and the Tenent of the mesn is distrained by the superior Lord, for that his service or rent, which is due to the Mesn. Fitzherbert, nat. brev. fol. 135. See mesnalty. mesnalty (medietas) cometh of Mesn, and signifieth nothing but the right of the Mesntas, the mesnalty is extinct, Old nat. br. fol. 44. if the mesnalty descend of the Tenent, Kitchen, fol. 147. For farther understanding whereof, take these words out of the Custumary of Norm. Medietate tenentur feuda, quando aliqua persona intervenerit inter Donimum & tenentes. Et hoc modo tenent omnes postnati, mediante ante nato. Messenger of the Exchequer, is an officer there, of which sort there be four in that Court, that be Pursuivants attending the lord Treasurer, to carry his Letters and Precepts. See Pursuivant. Mesuage (mesuagium) is a dwelling house, West. parte 2. symb. 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 avoncheth the like of a Cottage, a Tost, 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 Manor house, Skene de verb. signific. verbo, Mesuagium, where he citeth Valentine 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 Site, in Latin called Situs. MI Mile (miliare) is a quantity of a thousand paces, otherwise described to contain eight Furlongs, and every furlong to contain Forty lugs or poles, and every lug or pole to contain 16. foot and a half, anno 35 Eliz. cap. 6. Mildervix, anno 1 Jacob. cap. 24. Mindbruch, is hunting of honour and worship. Saxon in his description of England, ca 71. Miniver. See Fur. Minoverie, anno 7 R. 2. ca 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 handie-work in the Forest, as an engine to catch Deer. Briton useth the verb (meinoverer) for to occupy and manure land, cap. 40. and cap. 62. main-oure, for handie-work. It is not unlike, that our English (manure) is abbreviated of the French. Mint, cometh of the Germane 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 Antiquities, that in ancient times, the Mint hath been also at Caleis, an. 21 R. 2. cap. 16. & an. 9 H. 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 fee 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 one hundred marks per annum. Then is the Master of Assay, who weigheth the Silver, and seethe whether it be according to standard: his yearly fee is also an hundred marks. 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 seethe 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 aneal, 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 moniers, and to oversee them. Lastly, the moniers, who are some to sheer the money, some to forge it, some to beat it abroad, some to round 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 icoyned by them. Other officers that have been n former time, are said now to be out of use. Misaventure, or misadventure, cometh near the French (mesadventure, i. infortunium) In out 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 wherewith he killeth another; or shooreth an arrow, etc. For in this case he committeth not felony, but only loseth his goods, and hath pardon of course for his life. Stawnf. pl. cor. lib. 1. ca 8. Britton ca 7. distinguisheth between Aventure and misaventure. Aventure 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 cartwheel, the stroke of a horse, or such like. So that misaventure in Stawnfords' opinion, is construed somewhat more largely, than Britton understandeth it. West. parte 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, a 'gainst the mind of the killer; as if one hewing, the Axe flieth oft the haft, and killeth a man. And this is all one with Britons 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 a high way side, by which many usually travel, and cast down a bough, not giving warning, etc. By which bough, 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. parte 2. symb. titulo, Proceed in Chancery, Sect. 21. F. It is used anno 2. & 3. Edw. 6. ca 36. for a sum of money paid by the King's tenants in certain Counties in Wales according to their several customs. In the Statute 33 H. 8. c. 13. it is used plurally for certain cunumary gratuities sent to the Lord Marchers of Wales, by their Tenants, at their first coming to their lands. And an. 4. et 5. Ph. & Mar. cap. 11. Miso 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, foe 102. and in the Old nat. br. fol. 2. you have these words: 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 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 ●o join upon this point, whether hath the ●ore right, the Tenent or Demandant. Litleton, lib. 3. cap. 8. fol. 101. b. This word in ●ome other place is used for a Participle, signifying as much as (cast or put upon) in English, which appeareth by Sir Edw. Coke report in Stafsins' case, vol. 6. fol. 124. a. Misericordia, is used in the Common law, for an arbitrary punishment, Bracton, li. 4. tractat. 5. cap. 6. in these words: Item siquis in misericordiam incider●t pro disseisina, non remanebit misericordia exigenda, si ille qui amiserit, quaesiverit convictionem. Kithin, fol. 78. out of Glanvile saith thus: Est autem misericordia, quia quis per uramentum legalium hominum amerciatus est, ne aliquid de suo honour abilicontenemento amittat. Which saying you have in a manner word for word, Glanv. l. 9 ca 11. Fitzh. saith, that it is called misericordia, because ie ought to be very moderate, and rather less than the offence, according to the tenure of the great Charter, cap. 14. This saith Fitzherbert in his nat. brev. in the writ de moderata misericordia, fol. 75. A. I. Misericordia is to be quit of misericors, that is, discharged of all manner of amercements, that may a man fall into within the Forest. See M. Cromptons' Jurisdictions, fol. 196. See Amerciament. See Mercy, and Moderata misericordia. Miskenning, i. changing of speech in Court. Saxon in the description of England, ca 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-terming. ●ro●e, 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. l. 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 H. 6. ca 15. is a neglect of Clerks in writing, or keeping Records. Thirdly, anno 14 Ed. 3. ca 6. stat. prim. by misprision of Clerks no process shall be 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. symb. titulo Inditements, Sect. 63. in fine. Misprision of felony, seemeth only finable by the Justices, before whom the party is attainted. Cromptons' Justice of Peace, ubi supra. 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 mis-doing 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 or writing, Cromptons' jurisdictions, fol. 20●. But it is to be noted, that other faults may be accounted misprisions of Treason or Felony, because certain latter Statutes do inflict that punishment upon them● h●t of old hath been inflicted upon misprisions, whereof you have an example, an. 14 El. cap. 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-terms. Misprision signifieth also a mistaking, anno 14 Edw. 3. stat. pri. cap. 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 Eyr, into the Common pleas, etc. Reg. orig. 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. symb. titulo Fines. 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, anno 5 R. 2. cap. 15. of divers other uses and applications of this (Mittimus) see the Register original in the Table of the Book. MORE Moderata misericordia, is a Writ that lieth for him that is amerced 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, cap. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti, etc. The rest touching this writ, see in Fitzh. nat. brev. fol. 75. See Misericordia. Modo & forma, are words of Art in a Process, and namely in the answer of the Defendant, whereby he denyeth himself to have done the thing laid to his charge, modo & forma declarata, Kitchen fol. 232. It signifieth as much as that clause in the Civil law, Negat allegata, prout allegantur, esse vera. Moiety cometh of the French (moitiè, id est, coaequa vel media pars) and signifieth the half of any thing, Littleton, folio 125. Monk's , anno 20 Hen. 6. cap. 20. Moniers (monetarii) Regist. orig. fol. 262. b. & anno 1 Edw. 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 Sheriffs 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 as to say, as showing of his right. It signifieth in our Common law, a suit 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. cap. 21. at large, and Broke, titulo Petition. Of this also read Sir Edward Coke, Reports, lib. 4. fo. 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 destreined for the payment of any toll or imposition, contrary to their liberty, which they do or should enjoy, which see in Fitzh. na. br. f. 14. Moriam, is all one in signification with the French (morion, i. cassis) a head-piece: which word the Frenchman borroweth from the Italian (morione) anno 4 & 5 Phil. & Mar. cap. 2. Morling, 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. c. 2. This is written Morkin, an. 3 Jac. c. 18. Mort d'ancester. See Assize. Mortgage (mortuum vadium, vel mortgagium) is compounded of two 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 any thing 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, ca 113. in these words: Notandum insuper est, quod vadiorum quoddam vivumqu, oddam mortuum nuncupatur. Mortuum autem dicitur vadium, quod se de nihilo redimit & acquietat; ut terra tradita in vadium pro centum solidis, quam cum obligator retrahere voluerit, acceptam pecuniam restituet in solidum. Vivum autem dicitur vadium, quod ex suis proventibus acquiratur; ut terra tradita in vadium pro centum solidis usque tres annos, quae elapso tertio anno, reddenda est obligatori, vel tradita in vadium, quousque pecunia recepta de ejusdem proventibus fuerit persoluta. Glanvile likewise lib. 10. cap. 6. defineth it thus, Mortuum vadium dicitur illud, cujus 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 sum borrowed be likewise paid at the day. See Skene de verb. significat. eodem. He that layeth this pawn or gage, is called the Mortgager, and he that taketh it, the Mortgagee, West, part 2. symb. titulo Fines. Sect. 145. This, if it contain excessive usury, is prohibited, anno 37 H. 8. c. 9 Morimain (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 Fratemity, and their Successors, as Bishops, Parsons, Vicars, etc. which may not be done without licence of the King, and the Lord of the Manor. 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. cometh 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. pri. commonly called (the Statute of Mortmain) and anno 18 Edw. 3. statut. 3. cap. 3. & anno 15 Rich. 2. cap. 5. Polydor. Virgil in the seventeenth Book of his Chronicles, maketh mention of this Law, and giveth this reason of the name. Et legem hanc manum mortuam vocarunt, quòdres 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 à quoquam detur, nisi Regio permissu. But the former Statutes be something abridged by anno 39 Elizabeth. cap. 5. by which the gift of land, 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 usus fructus, 56. D. the usufr. ligat. quoniam hominibus aliis succrescentibus, idem populi corpus videtur. l. proponebatur. 76. D. de Judiciis: Haec Hotomanus; and read the rest. Amortizatio est in manum mortuam trar slatio Principis jussu. Petrus Belluga in speculo principum, fol. 76. Jus amortizationis est licentia capiendi ad manum mortuam. Idem, eodem, where you may read a learned Tractate, both of the beginning and nature of this Doctrine. To the same effect you may read Cass. de consuet. Burg. pag. 348, 387, 1183, 1185, 1201, 1225, 1285, 1218, 1274. M. Skene de verbo signif. saith, that Dimittere terras ad manum mortuam, est idem atque dimittere ad multitudinem sive univer sitatem, quae nunquam moritur: idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, seu à contrario sensu, be-because Commonalties never die. MU Murtuarie (mortuarium) is a gift left 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 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 Parson in right of the Church, ca statutum, De consuetu, in provincial, Touching this you have two Statutes; one anno 13. Edw pri. commonly called Circumspectè agatis: whereby it appeareth, that Mortuaries are suable in the Court Christian; the other, anno 21 H. 8. ca 6. whereby is fet 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 born out of Marrimonie; an. H. 6. ca 11. Smith de repub. Anglo. lib. 3. ca 6. But by Glanvile, lib. 7. ca 1. the lawful issue seemeth rather (Mulier) then (Melior) because it is begotten (è muliere) and not (ex Concubine) for he calleth such issue filios mulierates, opposing them to Bastards. And Britton, cap. 70. hath frere mulier, i. the Brother begotten of the wife, opposite to frere bastard. This seemeth to be used in Scotland also: For Master Skene, de verborum significat. verbo Mulieratus filius, saith, that Mulieratus filius is a lawful son, begotten of a lawful wife. Quia mulieris appellatione uxor continetur. l. Mulieris 13. & ibidem. Glossa de verborum significatione. Mulmutins' 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. Fitzherberts' Nat. Brev. foe 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 Edw. 1. ca 30. Murder (murdrum) is borrowed of the French (Meurtrier, i. Carnifex, homicide) or (Meurtre, i. internecio, homicidium. The new Expositor of the Law-Tearms draweth it from the Saxon word (Mordrens) signifying the same thing. It signifieth in our Common law a wilful and felonious killing of another upon prepensed malice, anno 52 H. 3. ca 25 West, part 2. symbol. titulo Inditements, Sect. 47. Bracton, li. 3. tract. 2. ca 15. nu. 1. defineth it to be, homicidium, quod nullo praesente, 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. li. 1. cap. 2. the Law in this point is altered by the Statute, anno 14 Edward 3. cap. 4. and murder is now otherwise to be defined. When a man upon prepensed malice killeth another, whether secretly or openly, it maketh no matter: or be he an English man, or a foreiner 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 stlle, or such like, Cromptons' Justice of peace, in the Chapter of Murder, fol. 19 b. See Master Skene, de verbor. significat. Verbo Murdrum. This by the Latin interpreter of the grand Custumary 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 Henr. 6. cap. 19 seemeth to be dare nomen, or to be introlled in the number of the King's soldiers. Master of the King's musters, anno 2 Ed. 6. cap. 2, see Muster. Muster-master general, anno 35. Elizab. cap. 4. See Master of the King's Musters, NA 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 distreined for: and this naam was anciently called either vif or mort, quick or dead, according as it is 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 feisant 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 distrein 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 houses it ought to be made: with other points worth the reading, for the understanding of our Law Antiquities. See Withernam. Nasse, anno 4 Hen. 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 Sheriff for a Lord, whose Villain claimed for his inheritance, is run from him, for the apprehending and restoring of him to his Lord again: Regist. orig. fol. 87. Fitz. nat. brev. fo. 77. See Libertate probanda. Naturalisation. See Denizen. NE 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 original, fol. 31. Fitz. nat. brev. fol. 37. where see the rest. Negative pregnant (Negativa praegnans) is a negative implying also an affirmative. As is a man being impleaded, to have done a thing upon such a day, or in such a place, denieth that he did it modo & forma declarata, which implieth nevertheless, 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 Brook hoc titulo, and Kitchen, fol. 232. And see the new exposition of law terms. And read also in some Civilians, of Assirmativa praegnans, and that is, quae habet in se inclusivam negativam. Et hoc importare videntur dictiones (Solùm & tanti●m, qua implicant negativam) Pacianus, De probationibus, lib. 1. cap. 31. num. 16. fol. 93. Neif (nativa) cometh of the French (Naif, i. naturalis, vel nativus) it signifieth in our Common law, a Bondwoman, anno 1 Ed. 6. cap. 3. the reason is, because women become bound rather nativitate, than by any other means. Ne injustè 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 Tenent 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, Regist. orig. fol. 4. Fitz. nat. brev. fol. 10. Ne Vicecomes colore mandati Regis quemquam amoveat à possessione ecclesiae minus justè; Regist. orig. fol. 61. NI 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, etc. adjudged unto him. The adverse party pleadeth, that this 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 Enteries, titulo Nient comprise. This seemeth to be especially to hinder execntion. Nifle, anno 3 Ed. 4. cap. 5. Nihil, anno 5 R. 2. stat. 1. cap. 3. is a word set upon a Debt illeviable, by the foreign Apposer in the Exchequer. Nihil 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 Enquest is paneled, and returned before the justices of the Bank, the one party or the other making Petition, to have this Writ for the ease of the Country. It is directed to the Sheriff, commanding that he should 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 it is sent again to the Bank, v. anno 14 Edward. 3. cap. 15. The form of the Writ see in Old nat. br. fol. 159. and in the Register judicial, 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 Sheriff is willed to bring to Westminster, the men empaneled, at a certain day, or before the justistices 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, Fitzherb. nat. brev. fol. 240. E. which he taketh from the Statute of York, anno 12 Ed. 2. See Westm. 2. cap. 30. anno 13 Edw. prim. & anno 27 ejusdem, cap. 4. & anno 2 Edw. 3. cap. 17. & anno 4 ejusdem, cap. 11. & anno 14 ejusdem, cap. 16. & anno 7 Rich. 2. cap. 7. & anno 18 Eliz. cap. 12. NO 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. ca 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 tenextem, 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 haish. 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 Manor 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-ability, is an exception taken against the Plaintiff or Demandant upon some cause, why he cannot commence any suit in Law, as Praemunire, Outlawry. Villeinage, or Excommunication, or because he is a Stranger born. The Civilians say, That such a man hath not personam standi in judicio. See Brook, hoc titulo. See Fitz. nat. brev. fo. 35. a. foe 65. d. foe 77. c. The new Expositor of Law Terms teckoneth six causes of Non-ability, as if he be an Outlaw, a Stranger born, 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 Brook titulo Age. See Age. Non capiendo Clericum, see Clericum non capiendo. Non-claym, Cromptons' Jurisdict. fo. 144, seemeth to be an exception against a man that claimeth not within the time limited by Law, as within a year and day, in case where a man ought to make continual Claim, or within five years after a Fine levied. Vide Cook, lib. 4. in Pr●oemio. See Continual claim. Non compos mentis, it is of four sorts: First, he that is an Idiot born. Next, he that by accident afterwards wholly loseth his wits. Thirdly, a Lunitick, 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. fo. 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 origin. 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 by the Plaintiff, whereas in other especial Answers, the Defendant granteth a 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 civilly prosecuted: so is it also in all Actions criminally followed, either at the suit of the King or other, wherein the Defendant denyeth 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 denyeth that to be his Deed, whereupon he is impleaded. Broke, hoc titulo. Non implacitando aliquem de libero tenemento sine brevi, is a Writ to inhibit Bailiffs, etc. from distreining any man without the King's Writ, touching his Freehold, Register fol. 171. b. Non intromittendo quando breve praecipe in capite subdolè impetratur, is a Writ directed to justices of the Bench, or in Eyr, willing them not to give one hearing, that hath under the colour of intitling the King to Land, etc. as holding of him in Capite, deceitfully obtained the Writ called Praecipe in capite; but to put him to this Writ of Right if he think good to use it, Register original, fol. 4. b. Non Mercandizando victualia, in 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. Regist. 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 Sheriff delivereth a former Writ to a Bailiff of a Franchise, within the which the party, on whom it is to be served, dwelleth, and the Bailiff neglecteth to serve it: for in this Case the Sheriff returning, that he delivered it to the Bailiff, this shall be directed to the Sheriff, charging him himself to execute the King's commandment, Old nat. brev. fol. 44. of this the Regist. orig. hath three sorts, fol. 82. b. & 151. and the Register judic. one, folio 5 & 56. Non penendo in Assisis & Juratis, is a Writ founded upon the Stat. Westm. 2. ca 38. and the stat. Articuli super Chartas, cap. 9 which is granted upon divers causes to men, for the freeing them from Assizes and Juries. See Fitz. nat. brev. fol. 165. See the Regist. fol. 179, 100, 181, 183. Non precedendo ad Assisam Rege inconsulto, is a writ to stop the Trial of a Cause appertaining unto one, that is in the King's service. ● c. until the King's pleasure be farther known, Register fol. 220. a. Non residentia pro clericis regis, is a Writ directed to the Ordinary, sharging him not to molest a Clerk employed in the King's service, by reason of his non residence. Regist. orig. folio 58. b. Non suit, is a renunciation 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. cap. 7. See the New Book of Entries, verbo Non-sute. The Civilians term it Litis renunciationein. Non solvendo pecuniam ad quam Clericus mu●ctatur pro non residentia, is a Writ prohibiting an Ordinary to take a pecuniary mulct, imposed upon a Clerk of the King for Nonresidence, Reg. 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 Edw. 3. statut. 4. cap. 16, West. parte 2. Symbol. 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 Tenent the day whereon the writ was purchased. Non tenure general is then by Likelihood, where one denyeth himself ever to have been Tenent to the Land in question. Non sum informatus. See Informatus non sum. Non sane memory (Non sanae memoriae) is on 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 nonsane 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 negotiis & jure dicendo vacabat. Earum autem aliae solennes erant, alia repentinae. Brisson. de verb. signif. lib. 6. vide Wesenbec: paratit. De Feriis, num. 6. Note of ● Fine (nota finis) is a brief of a fine made by the Chirographer, before it be engrossed. The form whereof see in West. parte 2. Symbol. titulo Fines, Section 117. Novel assignment (nova assignatio) is an assignment of time or place, or such like, otherwise than as it was before assigned. In Brook you may find these words in effect, titulo Deputy, num. 12. See novel assignment of Trespass in a new place after Bar pleaded, Brock tit. Trespass, 122. and novel assignment in a Writ de ejectione custodiae, titulo Ejectione custodiae, num. 7. See Assignment. NURSE Nuae mater. See Mater. Nun (Nonna) is the French word (nonnain) or (nun) something altered, which signifieth a holy or confecrated 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, Saint Hierome maketh it an Egyptian word, as Hospinian recordeth of him, in this Book De origine & progressu monachatus, fol. 2. Nuper obiit, is a Writ that lieth for a Co-heir being deforced by her Co-heir 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. Fitzh. nat. brev. fol. 197. If the Ancestor died sessed in Fee tail, than the Co-heir deforced shall have a Formedon. 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, Fitzh. nat. brev. 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. brev. fol. 108, & 109. & Fitz. nature. brev. ubi supra, & fol. 184. Britton calleth it Nosance, whom also read, cap. 61, & 62. M. Manwood parte 2. of his Forest laws, cap. 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 orig. 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. cap. 145. It is mentioned among spices that are to be garbled, anno 1 Jacob. cap. 19 O OB OBedientiae, was a Rent, as appeareth by Roger Hoveden part poster. suorum annalium, fol. 430. in these words: Ut ergo eyes, sc. regularibus, adimatur opportunitas evagandi, prohibemus, ne reditus quos obedientias vocant, ad firmam teneant, etc. Obedidientia in the Common law is used for an Office or the administration of an Office, ca cùm admonasterium, 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. prim. de statu, regula. For thus saith Lyndwood in his gloss upon that word: H●i sunt qui sub obedientia suorum Praelatorum sunt, & habent certa officia administranda inte riùs vel exteriùs. It may be that some of these Offices called obedientiae, consisted in the collection of rents or pensions: and that therefore those Rents were by a Metonymy called obedientia, quia colligebantur ab obedientialibus. Oblitions, (oblationes) are thus defined in the Canon law. Oblationes dicuntur, quaecunque à piis fidelibúsque 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. eccls. minister. ac benefis. cap. tertio. Oblagation (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 Obligor doth acknowledge 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 and made in some Court of Record. Hithetto Master West. OC 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 §. Brief de novel disseisin. Octo tales. See Tales. See Brook tit. Octo tales. ODD Odio & atia, anno 3 Ed. 1. cap. 11. is a Writ sent to the Under-Sheriff, to inquire whether a man being committed to Prison upon suspicion of murder, be committed upon malice or evil will, or upon just suspicion, Register orig. fol. 133. b. See Bracton lib. 3. parte 2. cap. 20. OF Office (Officinm) 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 traverse an Office, is to traverse 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 of 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 Edward 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 Edward 1. cap. 25. Kitchen folio 152. See Clerk. Official (Officialis) is a word very diversely used. For by sundry Civilians of other Countries, that writ 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 Apparit or of a Magistrate or Judge. lib. 1. §. si quis ultro. π. de quaestio. & Co. de filiis officialium, etc. lib. 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 sunse 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 sometimes (Commissiarii foranei) The difference of these two 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. ON Oner ando pro rata portionis, is a Writ that lieth for a joint renent, or renent in Common that is distreyned for more rent, than the proportion of the Land cometh unto. Reg. orig. fol. 182. b. OPEN Open Law, (Lex manifesta, Lex apparens) is making of Law, which by Magna Charta cap. 28. Bailiffs may not put men unto upon their own bare assertions, except they have Witnesses to prove their imputation. OR Orchel. anno 1 R. 3. cap. 8. Orchall, anno 24 H. 8. cap. 2. & anno 3 & 4 Ed. 6. cap. 2. seemetst 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, always taken for him, that hath ordinary jurisdiction in causes Ecclesiastical. See Brook hoc titulo. Linwood in cap. exterior, titulo de Constitutionibus, verbo Ordinarii, saith, quòd Ordinarius habet locum principaliter in Episcopo, et aliis superioribus, qui soli sunt universales in suis ju isdictionibus, sed sunt sub eo ali●ordinarii, hii viz. quibus competit jurisdictio ordinaria de jure, privilegio ugl consuetudine, etc. v. c. Ordinatione contra servientes, is a Writ that lieth against a Servant for leaving his Master against the Statute, Register original, fol. 189. Ordel (Ordalium) is a Saxon word, signifying as much as Judgement, in some men's opinions compounded of two Saxon words (or) a privative as (a) in Greek, and (dael, 1. 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 like wise read Holinshed in his description of Britain, fol. 98. and also M. Manwood parte pri. of his Forest laws, pag. 15. But of all the rest, Hotoman especially, disput. de feud. p. 41. where of five kind of proofs which he calleth feudales probationes, he maketh this the fourth, calling it explorationem, et hujus furiosae probationis 6. genera fuisse animadvertit, per flammam, per aquam, perferrum candens, per aquam vel gelidam, vel ferventem, per sorts, et per corpus Domini, of all which he allegeth several exemples out of History, very worthy the reading. See M. Skene also the 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. c. 1 & 2. Read also of this in M. Verstegans Restitution of decayed intelligence, cap. 3. pag. 63. & seq. Orfgild, aliis Cheapegeld, is a restitution made by the Hundred or County, of any wrong done by one that was in plegio. Lamberd, Archaion, page 125. & 126. Org is, anno 31. Ed. 3. stat. 3. cap. 2. is the greatest sort of North sea-fish, now a days called Organ ling. Oredelf, 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 dog's foot, being taken from the French, orteils des pieds, i. digiti pedum, the Toes. OS Osmonds, anno 32. Henr. 8. cap. 14. OT Oath of the King (Juramentum Regis) is that which the King taketh at his Coronation, which in Bract. 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 et omni populo Christiano vera pax omnisuo tempore observetur. Secundò, ut rapacitates et omnes inquietates omnibus gradibus interdicat. Tertiò, ut in omnibus judciis aequitatem praecipat & misericordiam, ut indulgeat ei suam misericordiam clemens & misericors Dens, & ut per justitiam suam firma gaudeant pace universi. And in the old abridgement of Statutes set out in King Henry the eighths' 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 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 and customs of the Realm, and to his power keep them, and affiem them, which the folk and people have made and chosen: and the evil Laws and customs wholey 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 Regit, 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 or reward of none that hath ado before them, except it be meat and drink of small value, as long as the plce is hanging before them, nor after for the cause. Nor that they shall give counsel 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. ejusdem statu●o pierce. Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani, and Legate for the Pope here in England, anno 22 H. 3. whose constitutions we have at this day: Stow's An. p. 303. and see the first constitution of the said Legate. Othobonus was a Deacon Cardinal of S. Adrian, and the Pope's Legate here in England, anno 15 Hen. 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. OU Ouch, anno 24 H. 8. cap. 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 shall be given in the Chancery, that the King's hands be amoved, and thereupon Amoveas manum shall be awarded to the Escheator: which is as much, as if the judgement were given that he shall have again his land. v. Stawnf. praerog. ca 24. See anno 28 Ed. 1. stat. 3. ca 19 it is also taken for the writ granted upon this petition. Fitz. nat. br. fol. 256. C. It is written oter le main, anno 25 Hen. 8. cap. 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. Out fangthief, alids vifangthef, is thus defined by Bracten, lib. 3. tra. 2. ca 34. Vifangthef dicitur latro extraneus veniens aliunde de terra aliena, & qut captus fuit in terra ipsius, qui tales habet libertaces, but see Eritton otherwise, fol. 91. b. It is compounded of three Saxon words (out, i. extra) (fang, i. capto vel captus) and (thief, i fur.) It is used in the common law, for a liberty or a privilege, whereby a Lord is enabled 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. Oenliy of services. is an equality when the Tenent paravail oweth as much to the mesn, as the mesn doth to the Lord paramount. Fitz. nat. br. folio 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. Bractor, lib. 3. tract. 2. cap. 11. num. pri. & nu. 3. Forisfacit utlagatus omnia quae pacis sunt: Quia à tempore quo utlagatus est, caput gerit lupinum, ita quòd ab ●mnibus intersici possit & impunè: maximè si se defenderit, velfugerit, ita quòd difficilis sit ejus captio, & nu. 4. Si autem non fugerit, necse defenderit cùm captus fuerit: extunc erit in manu domini Regis mors, & vita, & qui taliter captum interfecerit, respondebit pro co sicut pro alio, v. c. Outparters anno 9 H. 5. cap. 8. seemeth to be a kind of thiefs 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-parties, 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 and fittest to be entered. See Intakers. Outryders, seem to be none other but Bailiffs errants, employed by the Sheriffs or their fermers 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. Edw. 3. stat. 1. ca 9 OX Oxgang of land (bovata terrae) Six Oxgangs of land, seem to be so much as six oxen will plough. Cromptons' Jurisd. 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 verb. signif. (verbo Bovata terrae) saith, that an oxen gate of land should always contain 13. acres, and that 4. oxen-gates extendeth to a pound land of old extent. See Librata terrae. OY 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' jurisd. fol. 131, & 132. See The Statute of Westm. 2. cap. 29. anno 13. Edu. 1. who might grant this commission. And see Fitzherb. 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 Recordium) is a petition made in Court, that the judges for better proofs sake, will be pleased to hear or look upon any Record. P PA PAcking whites. anno 1. R. 3. cap. 8. Pain fort & dur (paena fortis & dura) is in true French (peine 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 try all 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. ca 12. anno 3. Ed. prim. His reason is, because Bracton, who writ before that Parliament, maketh no mention of it: and Britton writeth after that time, touching 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 brand, nor drink any other than water, and that upon that day when they cat 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. Palatin. See County Palatin. See Cassan, de consuctud. Burg. pag. 14. Palingman, anno 11. Henr. 7. cap. 22. panel (panellum) cometh of the French (pan, i. pellis, or paneau) a piece or pain, as we call it in English. It signifieth in our common law, a schedule or roll, containing the names of such jurors, as the Shyreeve provideth to pass upon any trial. Register orig. fol. 223. a. Kitchen, fol. 266. See Broke hoc titulo. And thereupon the empannelling of a jury, is nothing but the entering of them into the Shyreeves roll or book. Paunage (pannagium) is a tolle or contribution. Fitz. nat. br. fol. 227. D. See Pawnage. Parramounte, 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 Tenant 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. 289) 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 Logicians, may be in divers respects both genus, & 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. Paravail alias Peravaile, is compounded of two French words (par, i. per) and (aveller, i. dimitteree, 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. & Fitzh. nat. br. fol. 135 M. See Paramounte. See Mesn. Parcellmakers, are two officers in the exchequer, that make the parcels of the escheators accounts, wherein they charge them with every thing they have levied for the King's use, within the time of their office, and deliver the same to one of the Auditors of the court, to make an account of the escheator 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 (parsonier, i. parciarius, particeps.) For if they refuse to divide their common inheritance, and choose rather to hold it jointly, they are said to hold in parcinarie. Litl. fol. 56. & 57 This by the Feudists and Lombard's is termed (adaequatio, vel paragium) And among the ancient Romans, particulones, sic enim anthore Nonio, à veteribus cohaeredes inter se dicebantur, quod paries invicem facerent. Spigelius. Pardon (pardonatio) 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 de ley, by course of law. Stawnf. 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, Westm. parte 2. symbel. titulo, Inditements. sect. 46. Of this see the new book of Entries, verba 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, incensed the people of Germany, in his time exhorting them, ne merees tam viles tantiemerent. Park (parcus) cometh of the French (parquer, i vallo, vel fossa cicundare.) 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' Jurisd. fol. 148. M. Manwood parte pri. of his Forest laws, pag. 148. defineth it thus: A park is a place for privilege for wild beasts of venery, and also for other wild beasts, that are beasts of the Forest, and of the chase, tam sylvestres, 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, than 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 an action against such as hunt in his park, if it lie open. See Forest, See Chase, See Warren. This word Park, Baldwinus deriveth à paradiso, enmque locum esse dicit, in quo varia animalia ad usum voluptatis, aut venationis includuntur & possidentur, adempta naturali libertate. Adtis. 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 Accolarnm conventus, accolaius, sacra vicinia) it is used in the Canon law, sometime for a Bishopric. But in our common Law it signifieth the particular charge of a secular Priest. For every Church is either Cathedral, Coven nal, or parochial. Cathedral is that, where there is a Bishop seated, so called à Cathedra: Coventual, consisteth of Regular Clerks, professing some order of religion, or of Deane & chapter, or other college of spiritual men. Parochial is that which is instituted for the sayingof divine Service, & 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. Cambd. 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, cap. 2. maketh mention of this word (parochia) out of Pomponius Letus in these words. Nam sic quoque Pomponins Letus ve●e●em consuetudinem fuisse scribit, eamque ab Imperatore Constantino repetitam, ut Ducibus, praefectis, tribunis qui pro augendo Imperio consenuerant, darentur agri, vill●que, at necessaria suppeterent, quoad viverent, quas parochias vocabant And a little after: verum inter feuda et parochias hoc interest, quod kae pl●rumque senthus et veteranis, plerisque emeritae militiae dabantur, qui cum de Rep. bene meriti essent, publico beneficio reliquum vitae sustentabant: aut si quod bellum vasceretur, evocari non tam milites, quam magistr militum viderentur. Feuda vero plurimum Juvenibus robustis & primo flore aetatis, qui militiae munus sustinere poterant, imovero & 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 throughour 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 Dauphin, Aix in Provence, Bourdeaux, Dijon in Bourgogn, and Rouen in Normandy. Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum, num, 28. whereunto Gerard de Hailon addeth the eighth, viz. Rhein's in Brettagne. In England we use it for the assembly of the King and the 3 Estates of the Realm, viz. the Lords Spiritual, the Lords temporal, and Commons, for the debating of matters touching the Commonwealth, 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 Thom. Smith. de Repub. Auglo. l. c. 1. & 2. Camd. Britan. pag. 112. and Crompions Jurisd. fol. pri. & seq. The institution of this Court Polydore Virgil, lib. 11. of his Chronicles, referreth after a fort to Henry the first: yet confessing that it was used before, though very seldom. I find in the former Prologue of 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 the time of King Edward the son of King Ethelred, which (as my note saith) was delivered by the descreeter sort of the Realm unto William the Conqueror, at his commandment, and 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 Archieviscapis, Episcopis, Abbatibus, Prioribus per Bavoniam tenentibus. Tertius gradus est, de procuratoribus cleri. Qu●rtus gradus est de Comitibus, Baronibus, & all is Magnatibus. Quintus gradus est de militibus Comitatuum. Sextus gradus est de civibus & Burgensibus: & ita est Parlamentum ex sex gradibus; sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit, dum tamen omnes praemoniti fuerint per rationabiles summonitiones, parlamentum nihilo 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 Calais, 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. c. 16. Andtherefore 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, were repugnant to the nature and constitution of an absolute monarchy. See Bracton, lib. 5. tract. 3. cap. 3. num. 3. and Cassan de consuet. Burg. pag. 335. and Tiraquel. in his book De Nobilitate cap. 20. pag. 68 num. 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio, and many excellent men more, that handle this point. That learned Hottoman in his Francogallia, doth vehemently oppugn this ground, as some other that writ in corners: but he is so clean overbern 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 heard, 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, and their praetorium or place of Council bailded by Augustus in his palace, and thereupon called (palatinm) afterward termed (Consistorium) where they, as in their principull 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 privilege. Yet were but the 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' Jurisd. fol. pri. & seque and Vowel alias Hocker, 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 (Parsona) cometh of the French (Personne) 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 suing as being sued in any action touching the same. See Fleta, l. 9 ca 18. Parson imp rsonee (parsona impersonata) is he that is in possession of a Church, whether appropriated or not appropriated, for in the new book of Entries, ver. Aid in Annuity, you have these words, Et praedictus A. dicit, quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent a●ionem F. 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 Patron's 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. num. 72. where he saith, that a Dean & Chapter, be persons impersonees of a benefice appropriated unto them, who also fol. 221. num. 19 plainly showeth, that persena 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 of 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 were 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 Gavell 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 Entries, verbo partition. Partlet, seemeth to be some part of a man's attire, as namely, some lose collar of a doublet, to be set on or taken off by itself, without the bodies, as men's bands or women's neckerchiefs 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 dimunitive of the word (part.) Parvo nocumento is a writ. See Nuisance. Passage (passagium) is a french word signifying transitum, tranfitionem, 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, West. 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 lafe passage of any man from one place to another. anno 2. Ed. 6. ca 2. Pasuage, pasuagium. See Paunage. Patent (literae patentes) is different from a writ, Cromptons' Jurisd. 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 Civil 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 jure patronatus, in the Digist: 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 signifyeth 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 p●rt of the revenue belonging unto them. De jure 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 coramonly patronised by the Church, though against her will, always selling their presentations as dear 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 pontificibus proditum est, (ca cùm dilectus, extra de jure patronatus) laicos habere praesentandi clericos Ordinariis: hoc singulari favore sustinetur, ut allectentur laici, invitentur, & inducantur ad constructionem ecclesiarum (c. quoniam. codem) Nec omni ex parte j●s patronatns spitituale censert debes. sed temporale potius spirituali annexum (glos. in c. piae mentis, 16. qu. 7.) These be Corasius words in his paraphrase ad sacerdotiorum materiam, parte pri. cap. 2. & part 4. cap. 6. in principio, he thus writeth of the same matter. Patroni in jure Pontificio dicuntur qui alicujus ecclesiae extruendae, an't alterius cujuscunque fundationis ecclesiasticae authores fuerunt, ideoque praesentandi & offerendi clericum jus habent, quem ecclesiae vacanti praeesse, & in ea collatis teditibus frui velint. Acquirunt autem hic jus, 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 obscuruw, jus patronatus quo de agimus, finire, jus esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum, qui consentiente Episcopo, vel construxit, vel dot avit ecelesiam. Pannage (Pannagium, alias pasnagium) or (pennagium) as it is latined (in pupilla oculi) may be probablythought 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 (panicium) i. that which men use in the stead of bread (Isidorus) or (panicium) of the French. It signifieth in our common Law, the money taken by the Agistors' for the seed of hogs with the mast of the King's forest. Cromp. Jurisd. fol. 165. West. 2. cap. 25. anno 13. Ed. prl. with whom M. Manwood parte pri. of his forest laws, agteeths 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, deriveth the word from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the which (I think) he smiled himself when he set it down. Linwood defineth it thus: Pannagium est pastus pecorum in nemoribus et in sylvis, utpote de glandibus & aliis fructibus arborum sylvestrium, quarum fructus aliter non solent colligi. titulo de decimis. cap. sancta, verb. Pannagiis. M. Skenede verborum signif. calleth it pannagium, and defineth it to be the duty given to the King for the pasturage of swine in the forest. The french word for this same thing is (panage) or (glandee) i. glandatio vel glandium collectio, et pastio suum ex glandibus. And we surely take it from the French; whence they had it, or what etoymolgie they make of it, let themselves look. PE 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. Lamberd eirenarcha. li. 1. cap. 2. pa. 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. ca 2. pag. 77. See also Cromptons' Justice of peace, fol. 118. b. etc. usque f. 129. This among the Civilians is called cautio de non offendendo. Gail de pace publs. lib. pri. ca 2. nu. 1. 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. 53. chapter entitled thus. De pace tenenda inter subditos, et juramento firmanda, et vindicanda, et de paena judictbus opposite a qui eum vindicare et 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 H. 2. fol. 144. 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 King's highway which is the immunity that the King's highway hath, from all annoyance or molestation. See watlin street. The peace of the plough, whereby the plough and blow 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 (pedaginm) 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 occuli parte 9 ca 7. A. D. I. I think we rather use passage for it. Pedagia dicuntur quae dantur à transeuntibus in locum constitutum à principe. Et capiens pedagium debet dare salvum conductum, et territorium ejus tenere securum. Baldus in usibus Feudorum, de pa. jura fir. sect. Conventionales. Cassan. de consuetud. Burg. pa. 118. hath these words, Pedaginm à 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 ship, that lie at harbour in any haven. So is the peer of Dover described in M. Camd. Bris. pag. 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 Enquest, upon any man for the convicting and clearing him of any offence, for the which he his 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. pri. cap. 6. anno 3. Edw. prim. So Kitchen useth it fol. 78. in these words Mais fi le amerciament soit assirre 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 sententi● vasallus propter felo-xiam est condemnatus. Barklaius de Regno, lib. 4. cap. 2. Fit pares sunt qui ab ecdem 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, & Lords of the Parliament, and so it is 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. Or whom you may read Vincentius Lupanus de magist. Francia, lib. 1. cap. Pares Franciae. So that we, though we have borrowed the appellation, and applied it with some reason to all that are Lords of the Parliament, yet we have 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 oculi) parte 5. ca 22. signifying the ball of the foot, of the French (pelote) i. pila. Pein fort & dure. See Pain fort et dure. Pelt wool, is the wool 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 Baronet: ye read this word, anno 11. R. ca 1. Penue: 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 a herb: of whose diversities and nature you may read Gerard's herbal, lib. 3. cap. 146. This is set among merchandise that are to be garbled. anno 1. Jacob. cap. 9 Pepper louse, anno 32. H. 8. cap. 14. Per, cui, & post. See Entry. Perambulatione facienda, is a writ that is sued out by two or more Lords of Manners, lying near one another, and consenting to have their bounds severally known. It is directed to the Shyreeve, 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 Rationalibus divisis. See the Regist. orig. fol. 157. and the new book of Entries, verbo, Perambulatione facienda. Perche (pertica) is a French word. signifying a long pole. It is used with us for a rod or Pole of sixteen foot and a half in length. Whereof Forty in length, and four in breath make an acre of ground. Cromptons' Jurisdict. fol. 222. Yet by the custom of the country it may be longer, as he there saith. For in the Forest of Sherwood 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 off the middle ridge, another 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 lineal fall of measure, are all one, for each one of them containeth six elnes in length. Howbeir, a rod is a staff or pole of wood, a rasp is made of tow or hemp. And so much land as fall thunder the rod or raip 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 and acre, etc. This is the measure of Scotland, whereof 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 afterwards of his own accord yields himself to prison. Peremptory (peremptorius) cometh of the verb (perimere) to cut off, 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 non-sute peremptory. idem eodem, fol. 5. N. F. fol. 11. A peremptory exception. Bracton li. 4. cap. 20. Smith derep. Anglorum, li. 2. cap. 13. calleth that a preremptory acception, which can make the state and an 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 Edw. the 6. and Queen Mary. He wrote a book upon divers points of the common Law of very great commendation. Permutatione Archidiaconatus & ecclesiae eidem annexe, cum ecclesia et praebenda, is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist. orig. fol. 307. a. Pernour of profits cometh of the French verb. (prendere. i. acciper●) and signifieth him that taketh: as pernour of profits, anno 1 H. 7 ca pri. Pernour de prosits, et cesti que use is all one, Coke, li. i casu Chu●ley. fol. 123. a. See Pernour, anno 21. R. 2. ca 15. Per quae ervitia is a writ judicial issuing from the note of a 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 atturn 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. verbo per quae servitia. Perquesite (perquesitum) signifieth in Bracton, any thing purchased, as per quisitum facere. lib. 2. cap. 30. numb. 3. & lib. 4. cap. 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 villeins, 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 personably to maintain this action. Old. nat. br. fol. 142. and in Kitchen fol. 214. The tenant pleaded that the wife was an alien born in Portugal without the ligeance of the King, and judgement was asked whether she would 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, casu 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 it is used in Westm. par. 2. symbol. titulo Inditements, sect. 58. in these words. Theft is an unlawful felonious taking away another man's movable personal goods. And again, fol. 61. Larcency is a felonious taking away of another's man's movable personal goods; and Kitchen fol. 139. in these words: Where personal things shall be given to corporation: as a horse, a cow, an ox, sheep, hogs, or other goods, etc. and Stawnford pl. cor. fol. 25. Contrectatio rei alienae, 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 Chattel. Personalty (personalitas) is an abstract of personal. 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, tibt, cum alio significato quod probbialiter oencluditur: & si nullo modo concludatur, tunc est impersonalttas, quia actum vitiat, pront ratio dictat, verbi gratia. ego stipulor: constituis te mihi scluturum debitum à 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 prebendaries or other spiritual persons, being distreined by the shyreeve, or collectors of fifteenths, for the fifteenth of their goods, or to be contributory to taxes. Fitzh. nat. br. fol. 176. Pestarable wares, seem to be such ware, as pester and take up much room in a ship, anno 32. H. 8. cap 14. Peter pence (Denarii Sancti Petri) otherwise called in the Saxon tongue Romefeoh. i. the fee of Rome, or due to Rome, and also Romescot and Rome penning, was a tribute given by ●n as 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 St. Edw. 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 markam: Iste vero, denarius debet summoniri in solemnitate Apostolorum Petri et Pauli●● et colligi ad festivitatem, quae dicitur ad vincula: ita ut ultra illum diem non detineatur. Si quispiam detinuerit, ad Justiciam Regis clamor deferatur, quoniam denarius hic Regis eleemozyna est, Justicia vero faciat denarium reddere, & forisfacturam Episcopi et Regis. Quòd si quis domos plures habueris, de illa, ubi residens fuerit in festo Apostolorum Petri et Pauli denarium reddat. See also King Edgar's laws, fol. 78. ca 4. which containeth a sharp constitution touching this matter. Stow. in his Annals, pag. 67. saith, that he that had 20. pennyworth of goods of one manner in his house, of his own proper, was to give a penny at Lammas yearly. See Romescot. Petit Cape. See Cape. Petit Larceny (parvum latrocinium) See Larceny. Petit treason (parva traditio) in true French is (petit trabizon, i. 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, Westm. parte. 2. symb. titulo Indictment, 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. Edw. 3. cap. 2. Whereof see more in Stawn. pl. cor. lib. 1. cap. 2. See also Cromptons' Justice of peace, fol. 2. where he addeth divers other examples to those of Stawnford. For the punishment of petit treason, see the Statute an. 22. H. 8. cap. 14. and Crompton ubisupra. 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 prerogrative, that he may not be sued upon a writ. Stawn. 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 et reison, that the King do him right and reason: whereupon followeth a general endorsement upon the same, soit droit fait aux partis, let right be done to the parties. Petition special is, where the conclusion is special for this or that: and the Endorsement to this is likewise special. See the rest cap. 22. Petra lanae, a stone of wool. See Stone. PH Philiser, See Filazer. PI Piccage (piccagium) is money paid in fairs for breaking of the ground to set up booths or stand. Picle, alias pitle, 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 (Curiae pedis pulverizati) comes of two French words (pied, 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, & fine figura judicii, it hath the name of dusty feet, which we commonly get by sitting near the ground: of this see Cromptons' Jurisd. fol. 221. Read M. Skene de ver. signif. verbo Pedu●ulversus, which word he reporteth to signify a vagabond, especially a merchant, which hath no place of dwelling, where the dust may be wiped off his feet or shoes, and 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. c. 6. nu. 6. Of this court read the Statute anno 17 Edw. 4. ca 2. Pille of Foddray in the County of Lancaster, anno 2 H. 6. ca 5. seemeth to be a creek, and called pill by the idiom of the Country for pile; for the which see Pile. Pillory (Collistrigium, Pillorium) cometh of the French (Pilori) 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 a door, i. janua: & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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. cap. 4. See Clerk of the pipe. It is also a measure of wine or oil, containing half a tun, that is six score and six gallons, anno 1 R. 3. cap. 13. piscary (piscaria) cometh of the French (pescharie, i. piscatio) It signifieth in our common Law, a liberty of fishing in an other man's waters. Pittle. See Picle. PL 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 Brook, 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 3. 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. Angl. 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, fol. 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 (littgare, & causas agere.) Hotom. in verb. feudal. verb. Placitare. Pledge (Plegius) cometh of the French (Pleige, i fidejussor) Pleiger aucun, i. fidejubere pro aliquo, In the same signification is Plegius used by Glanvile, Libro decimo, capite quinto, and Plegiatio for the act of suretyship in the interpreter of the Grand Customary of Normandy, capite 60. Plegii dicuntur personae quae se obligant ad hoc, ad quod qui eos mittit tenebatur. And in the same Book, capit. 89 & 90. Plegiatio is used as Glanvile before doth use it. Salvi plepii, be used for Plegii, Pupil. oculi, parte quint. capit. 22. Charta de foresta. This word Plegius is used also for Frank pledge sometime, as in the end of William the conquerors Laws, set out by Master Lambard in his Archaionum. fol. 125. in these words, Omnis homo qui voluerit se tenere pro libro, sit in plegio, ut plegius cum habeat ad usticiam, si quid offenderit, etc. And these be called capital pledges. Kitchen, fol. dectm●. See Frank pledge. Plena forisfactura, and plena vita, see 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. Fitzherb. nat. br. folio 137. Regist. original, 158. a. plenarty, is an abstract of the adjective (plinus') and is used by our Common Lawyers in matters of benefices. Wherein plenarty and vacation be merely contrary. Stawnford, prerogativ. cap. octavo, fol. 32. Westm. secundo, capit. quint. anno 13 Edvard. prim. Plevin (Plevina) cometh of the French (plevine, i. sponsi.) See Replevin. Plight of Lawn, etc. anno 3 Edw. 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 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 alias: and if that fail, than the Pluries. See Old nat. br. fol. 33. In the writ De excom. captendo see in what diversity of cases this is used in the Table of the original Register. PO 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 boot. 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 Edw. the fourth. Stow. pag. 4. Policy of assurance, is a course taken by those which do adventure wares or merchandise by sea, whereby they, loath 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 assurer maketh good to the venturer so much as he promised 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 afterwards differ not among themselves upon the bargain. This is in corpse Latin elsewhere called assecuratio. This term you have anno 43 Eliz. 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 Shyreeve to take surety of one for his appearance at a day assigned: of this see five sorts in the table of the Register Judic. verb, Pone per vadium. Ponendis in assisis, is a writ founded upon the statute of Westm. 2. cap. 38. and upon the statute Articuli super chartas, c. 9 which statutes do show, what persons, Viscount's ought to impanel upon Assizes, and juries, and what not: as also what number he should empanel upon juries and Inquests, which see in the Regist. orig. fol. 178. a. and in Fitz. nat. br. fol. 165. Ponendum in ballum, is a writ whereby to will a Prisoner held in Prison to be committed to bail in cases bailable. Regist. orig. fol. 133. b. Ponendo sigillnm ad exceptionem, is a writ whereby the King willeth justices, according to the statute of West. 2. to put their seals to exceptions laid in against the Plaintiffs declaration by the Defendant. Pontage (pontagiuns) is a contribution towards the maintenance or re-edifying of bridges, Westm. 2. cap. 25. anno 13 Ed. pri. It may be also toll 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 Shyreeve, etc. willing him to charge one or more to repair a bridge, to whom it belongeth. Register orig. fol. 153. b. Portgreve (portgrevius) is compounded of two words (port) and greve) or (grave) i. praefectus. It signifieth with us the chief Magistrate in certain Coast towns, and as M. Camden saith in his Britain, pag. 325. the chief Magistrate of London, was termed by this name: instead 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, and enjoyeth the privileges accordingly. Cromptons' jurisd. fo. 11. Perter 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, an. 13 Ed. 1. ca 24. Porter bearing verge (virgator) before the justices of either bench, anno 13 Edu. 1. cap. 41. See Vergers. Portomote is a word compounded of (port, i. portus) and the Saxon (Gemertan, i. convenire) or of the French (mot, i. dictio, verbum) It signifieth a Court kept in Haven towns, as Swainmot in the forest. Manwood, parte prim. of his forest laws, pag. 111. It is sometimes called the Portmoot Court, a 43 Eli. cap. 15. Portsale, anno 35 H. 8. cap. 7. i. 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 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 Braclon, 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 Shyreeve 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 see which the Custos brevium taketh, for 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 afterwards 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 disseisen (post disseisina) is a writ given by the Statute of We. 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 disseisour. Fitzherb. 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 auncienter Lord by priority, and of his later Lord by posteriority. Stawn. praerog. fol. 10, & 11. when one Tenent 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. Conjunctum perquisitum, Joint purchase. Regist. original fol. 143. b. Pour fair proclaimer, que nul enject fimes ou ordures en fosses ou rivers pres cities, etc. is a writ directed to the Mayor, Shyreeve, or Bailiff of a City or Town, commanding them to proclaim, 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 Statute an. 12 Rich. 2. ca 13. Fitz. 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 porprestura, vel paraprestura) seemeth to come from the French (pourpris, i. conseptum) It is thus defined by Glanvile, lib. 9 cap. 11. Pourprestura est proprie, quando aliquid super Dominum Regem injustè occupatnr. Ut in Dominicis Regis, vel in viis publicis obstructis, vel in aquis publicis transversis à recto cursu: vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit: & generaliter, quoties aliquid fit ad nocumentum Regii tenementi, vel Regiae viae, vel civitatis, Cromp. in his Jurisd. fol. 152. defineth it thus, Pour presture is properly when a man taketh unto himself or incroacheth 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, parte prim. of his forest laws pag. 269. & part 2. cap. 10. per totum. See Skene de verbo. signif. verb. Purpesture. 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 unto him. Pour seisir terres la femme que tient en Dower, etc. is a writ whereby the King feiseth upon the land, which the wife of his Tenent that held in Capite, deceased, 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 (poursuivere, i. agere, agitare, persequi) It signifieth the messenger of the King attending upon him in wars, or at the Council 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 Perswivants at arms, anno 24 Henr. 8. cap. 13. whereof there be four in number of special 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, not so 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. Purveyour (provisor) cometh of the French (Pourvoire, i. providere, prospicere.) It signifieth an officer of the King or Queen, or other great personage 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 ejusdem. Articuli super chartas. 2. and many other Statutes gathered by Rastal under this title. Powldavis, anno 1 Jacob. ca 24. Power of the County, (posse comitatus) by M. Lamberds opinion in his Eirenar. li. 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 Hen. 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 inclusure of strength to keep in beasts: but especially, with us, it signifieth a place of strength to restrain 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 waste 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 whatsoever, whither 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. Poundage, is a Subsidy granted to the King of all manner of merchandizes 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, an. 12 Ed. 6. cap. 13. an. 31 Elizab. cap. 5. anno 1 jacobi, cap. 33. PR 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 hath 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 manner all one in signification. Howbeit (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 collegiat 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. cap. 43. Praebendary (praebendarius) is he that hath a praebend. See Prebend. Precept (praeceptum) is diversely taken in the Common law, sometime for a commandment in writing 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 inftrumentum. Hot. in verbis feudal. & libro 3. Commentariorum, in libros feudorum, in praefatione. Sometime it is taken for the provocation, whereby one man inciteth another to commit a felony, as theft, or murder. Stawnf. pl. cor. fol. 105. Bracton calleth it (praeceptum) or (mandatum) lib. 3. tract. 2. cap. 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 rob; consilium, advise either before, or in the deed. The Civilians use (mandatum) in this case, as appeareth by Angelus in tracta. de male ficiis, vers. Sempronium Mandatorem. Praeceptories, an. 32 H. 8. cap. 24. were benefices in a kind, and 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 Jurisdict li. 4. ca 10. nu. 27. See Comaund●y. Praecipe quod reddat, is a writ of great diversity touching both the form and use, for better declaration whereof see Ingressus, and Entry. This form is extended as well to a writ of right, as to other writs of entry, or possession. Old nat. br. fo. 13. and Fitzher. 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 Tenent holding of the King in chief, as of of his Crown, and not of the King, as of any honour, castle, or manor. Register orig. fol. 4. b. Fitz. nat. br. fol. 5. F. Sometime a writ of Right patent: as when it issueth out of any Lord's Court, for any of his Tenants deforced against the deforcer, and must be determined there. Of this read more at large in Fitz. 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 this 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 live, before they were void, to certain persons by his Bulls, prerending therein a great care to see the Church provided of a Successor before it needed. Whence it grew that these kinds of Bulls were called (Gratiae expectativae) or (Provisiones) whereof you may read a learned discourse in Duarenus, that worthy Civilian, in his tractate De beneficiis, lib. 3. ca 1. and in his treatise De immunitate ecclesiae Gallicanae. These provisions, were so rife with us, that at the last, King Edw. the third, that heroical Prince, not digesting so intolerable an oppression, made a statute in the 25 year of his reign, stat. 5. cap. 22. and another stat. 6. ejusdem anni cap. p●i. 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. c. 1, 2, 3, & 4. to the like effect: whereby he greatly restrained this liberty of the Pope. Yet such was the wantonness that grew out of his power, and the impatience 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 Twelfth year of his reign, ca 15. and the 13 year stat. 2. cap. 2. making mention of the said first Statute of Edward the third, ratifying the same, and appointing the punishment of those that offended against it, to be perpetual banishment, forfeiture of their lands, tenements, goods, and chattels, as by the same doth more at large appear. And again in the 16 year of his reign, cap. 5. to meet more sully 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 siewed in the Coure of Rome, or elsewhere, any such translations, processes and sentences of excommunication, Bulls, Instruments, or any other things, etc. After him K. Henr. the fourth in like manner grieved at this importunie by other abuses not fully met with in the former Statutes in the second year of his reign cap. 3. and 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, an. 9 ejusdem cap. pri. & an. 7. cap. 9 & 8. & anno 9 ejusdem 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 Ecclesiastital, threatening the punishment contained in the statute anno 27 Edw. 3. & 38 ejusdem, almost to every thing that the court Christian dealeth in, pretending all things dealt within 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 charitably, that the uniting of the Supremacy Ecclesiastical and Temporal in the King, utterly voideth the use of all those statutes. Nam cessante ratione cessat lex. And whatsoever is now wrought or threatened against the jurisdiction Ecclesiastical, by colour of the same, is but in emulation of one Court to another: and by consequent a derogation to that authorit 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. Ang. cap. 9 Some later statutes do cast this punishment upon other Offenders: as namely the statute, anno 1 Eliz. cap. prim. upon him that denieth the King's supremacy the second time, etc. and the statute anno 13 Eliz cap. 2. upon him that affirmeth the authority of the Pope: or that refuseth to take the oath of Supremacy, and the Statute an. 13 Eliz. ca 1. such as be seditious talkers of the inheritance of the Crown, or affirm the Queen; 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 latter 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, an. 16 R. 2. c. 5. which is commonly called the statute of praemunire, which kind of reference is not unusual in our statutes. For example, I show only the statute, anno 5 Elizabeth, cap. 5. where it is enacted, that if any man preach or teach by writing, that the common counsel of the Realm do by that statute forbidden 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 spreaders of false news: having reference thereby to those statutes which contain the punishment of such offenders. Now touching the Etymology of this word (Praemwire) some think it proceedeth from the strength given to the Crown by the former statutes, against the usurpation of foreign and unnateral power: which opinion may receive some ground from the statute, anno 25 Edward 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 the 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. precuratorem, etc. quod tunc sint coram nobis, etc. for these words can be referred to none, but parties charged with the offence. Praepositus ville, is used sometime for the Constable of a town, or petit Constable. Crom. Iurisd. fol. 205. howbeit the same author fol. 191. seemeth to apply it otherwise, for there quatuor homines praepositi, be those four 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 (praerogativa regis) is that especial power, preeminence, 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. Sect. 4. n. de bono. & muner. But that privilege that the Roman Emperor had above common persons, they for the most part comprised sub jurefisci●● de jurefisci, per totum tit. & Co. li. 10. tit. 1. Among the Feudists this is termed (jusregalium, jus regaliorum, vel à nonnullis jus regeliarum) But as the Feudists, sub jure regalium, so our Lawyers (sub praerogativa regis) do comprise also, all that absolute height of power that the civilians call (majestatem, vel potestatem, vel jus imperii) subject only to God: which regalia the Feudists divide into two sorts, majora & minora regalia. For to use their own words, Quaedam regalia, dignitatem, praerogat●●am, & imperii praeeminentiam spectant: quaedam verò ad utilitatem, & comidum pecu. niarium immediatè attinent: & haec propriè fiscalia sunt, & adjus fisci pertinent. Peregr: de jure fisci, li. 1. cap. 1. nu. 9 See also Arnoldus Chapmarius. de arcanis imperii, lib. 1. cap. 11. & s●qq. who seemeth to make difference between majectatem, & jus regaliorum. Others make those (majora regalia) that appertain to the dignity of the Prince, and those minera, which enrich his coffers. Regnerus Sixtinus, de jure rega. cap. 2. By this it appeareth, that the statute of the King's prerogative made, anno 17 Ed. 2. contains 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. Fitz. nat. br. fol. 28. B. to distrein 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. ca 28. fol. 65. b. to cease upon money paid by his debtor into a Court, for the satisfaction of an executor. Plowden, fol. 322. a. to permit his debtors to siew for their debts by a (Quo minus) in the Exchequer. Perkins graunt's. 5. to be first paid by one that oweth money both to him and others, Dyer, fol. 67. an. 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, codem fol. 320. not to be tied to the demand of his rent. Coke. li. 4. fol. 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 customs 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 three Estates, though he may quash any law concluded by them. And whether his power of making laws be restrained (de necessicate) or of a godly and commendable policy, not to be altered without great peril, I leave to the judgement of wiser men. But I hold it inconerowlable, 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. Majora autem regalia sunt haec: clausula plenitudinis potestatis, & ex ea aliquid statuere, leges condere, ac eas omnibus & singulis dare, bellum indicere, belli indicendi licentiam alii dare, pronunciare it a ut à sent entia appellari non possit, committere sive delegare alicui causam cum clausula appellatione remota, cognoscere de crimine laesae majestatis, legitimare per rescriptum eos qui extra legitimum matrim nium nati sunt, ad famam honores, & natales in integrum restituere, veniam aetatis dare, creare Deuces, Marchiones, Comites, regnum in feudum concedere. Huc referri potest jus erigendi scholam, quae hodie Universit as vel Academia appellatur, etiam jus creandi doctores, gradu licentiae aliquem insigniendi, creandi magistratus, tabelliones, sive notarios, jus dandi insignia nobilitatis, sive nobiles creandi, jus cudendae monetae, nova vectigalia instituendi, vel instituta vectigalia augendi; Sixtinus ubisupra. 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 navigaentia, portus, ripalia, vectigalia, monetae, mulctarum poenarumque compendia, bona vacantia, bona que indignis aufer entur, bona eorum qui incestum matrimonium contrahunt, bona à imnatorum, & postscriptorum, angariae et parangariae, extraordinariae ad expeditionem imperatores collationes, potestas creandornm magistratuum ad justiciam exequendam, argentartae, palatia, in civitatibus constituta, piseationum reditus, falinarum reditus, bona commitentium crimen laesae majestatis, 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 majora, et 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 majora: 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 majora, or at the least, in a middle or mixed nature, or inter majora et 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 sued upon an ordinary Writ, as tenant to lands, but by petition. Ploughed. casu Walsingham, f. 553. to have a necessary consent in the approbation of all benefices. Idem, casu Grendon, fol. 499. to waive and to demur, and to plead to the issue, or to waive the issue, and to demur upon the plea of the advers parts, yet not to change the issue another term after he and the advers 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 Duchy of Lancaster, fol 221. b. to be never in nonage, codem f. 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, f. 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. chose in action, 9 Coke, lib. 4. fol. 93. to present in the right of the youngest coparcener being his ward before the elder. Ploughed. casu Mines, fol. 332. b. & fol. 333. a. that a benefice by institution is not full against him. Coke Digbies c. f. 79. a. not to find pledges for the persecuting of any action. For he cannot be amerced. Fitzh. na. br. f. 31. F. & foe. 47. C. To sue in what Court he will. Fitz. na. b. f. 7. B. & 32. E. To sue the writ Ne adm ttas after 6 months. Reg. or. f. 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 (habendam post mortem alterius) Dyer, fol. 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. cap. 10. To be owner of a forest. See Forest. To have free warren. See Warren. Not to be owted of his freehold. Cromptons' justice of peace, fol. 59 b. et 16. a. To araign 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 jure fisci, et Co. lib. 10. tit. 1. Besides these also many more may be observed to belong unto our King, out of the laws, which I leave to their collection which are of longer reading, and more painful industry. Prerogative of the Archbishop of Canterbury, or York (prerogativa Archiepiscopi Cantuariensis seu Eboracensis) is an especial preeminence 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 coadjutors 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 these 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 H. 8. cap. 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 and in what order it pleaseth him. As also of all other privileged Churches. The probat of Testaments, and granting of Administrations, in case where the party deceased hath goods of any considerable value out of the Diocese wherein he dyeth. 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 probat of every Bishop's Testament, or the administration of his goods, dying intestate, though not having any goods, chattels, 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 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 Ecclesiae Cantuariensis historia, and especially to the eighth chapter of the said book, pa. 25. Prerogative Court (curia Praerogativa 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 and determined in this Court. The Judge of this court is called Judex Curia praerogativ● 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 memomory, divers persons have gotten a right: with whom agreeth Sir Edward Coke, 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 Kitchin. 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 sued within three years after the offence committed, and the Statute anno 7 ejusdem, 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 Elizabeth, 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 years 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 Elizabeth. cap. primo, which saith, that all offences comprised in that statute made in the 13 year of Elizab. 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 land, or tenements, may justly be said to be obtained by prescription. And whereas the Statute anno 8 R. 2. ca 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 5 Ed. 6. saith that a man being not indicted within 3 months of any offences there mentioned touching Service and Sacraments, he shall be 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 three 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 and 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. cap. 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 manor, 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 Lam. Eirenarch. lib. 4. cap. 5. pag. 469. Of this prescription and the learning touching the same, you may read a solemn report in S. Edward's Cooks, & Luttrels' case, vol. 4. f. 84. b. & seq. 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. 322. a. Presentment. is a mere denunciation of the jurors themselves, or some other Officer, as justice, Constable, Searcher, Surveyors, etc. (without any information) of an offence inquirable in the Court whereunto it is presented. See Lamberd Eirenarcha. lib. 4. cap. 5. pag. 467. Precedent (praeses) is used in the Common law for the King's Lieutenant in any Province or Function, as Precedent of Wales, of York, Barwick, Presient of the King's Council: Anno 22 Hen. 8. cap. 8. & anno 24 Hen. 8. cap. 3, & 14. Preignotary (Protonotarius) is a word that seemeth to be made either of two French words, prime or prim●er, 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 three be of the Common pleas, and one of the King's Bench. For the Pregnotary 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 sued in that Court, as the Clerk of the Crown-office doth all criminal causes. Those of the Common pleas do enter and enrol 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 of seisin, 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 quaerela and false judgement. Finally, they enrol 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 trendere, 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. titule Fines, Sect. 126. where you have these words: If the Lord grant the services of his Tenent 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 render, as rents and reliefs, heriots, and other services. For he cannot avow for them before the attournment. 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 pursuing an Appeal of murder against the Killer of her former Husband, Stawnf. pl. cor. lib. 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' jurisdict, folio 185. See Pernour of profits. Pressed, is used for some duty in money to be paid by the Sheriff upon his account in the Exchequer, anno secundo & tertio Ed. 6. cap. 4. Pressed money is so called of the French word (Pressed, i. explicatus, tromptus, expeditus) for that it bindeth those, that have received it, to be ready at all times appointed. Primage, is a duty due to the Mariners and Sailors for the loading of any ship at the setting forth from any Haven, anno tricesimo secundo Henrici octavi, capitulo decimo quarto. 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 demeasn 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. praerog. capite tertio, & Bracton, libro quarto, tract. 3. cap. prim. Primo beneficio. See Beneficio. Prince (Princeps) is a French word, and taken with us diversely, 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 Dolphire, both being Princes by their nativity. Master Fern in the glory of generosity, page 138. For Edward the first, to appease the tumultuous spirits of the Welshmen, who being the ancient Indigene 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 chought much to be governed by strangers, if they would be quietly ruled by one of their own nation; who answering him, Yea: Then quoth he, I will appoint you one of your own Countrymen, that cannot speak one word of English, and against whose life you can take no just exception: and so named unto them his son born in Carnarvan not long before. From which time it hath continued, that the King's eldest Son (who was before called Lord Prince, St ronf. praerog. cap. 22. fol. 75.) hath been called Prince of Wales. Stows Annals pag. 303. See anno vicesimo septimo Henrici octavi, cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester, anno 21 Rich. 2. cap. 9 See County palatine, and Cromptons' divers jurisdictions, fol. 137. Prior perpetual, or dative et removable, an. 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, born in France, and governor's of religious houses, erected for outlandish men here in England: which were by Henry the fifth thought not good members for this land, after such conquest obtained by him in France, and therefore suppressed. Whose livings afterwards by Henry the sixth, were given to other Monasteries, and houses of learning. 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 Faton. 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 than of another. Old nat. br. fol. 94. So to hold in posteriority, is used by Stawnf. praerog. cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification. The Lord of the priority shall have the custody of the body; etc. fol. 120. If the tenant hold by priority of one, and by posteriority of another, etc. To which effect see also Fitzh. nat. br. fol. 142. Bartolus in his Tractate, de insigniis et armis, useth these very words, prioritas et posterioritas, concerning two that beat one coat armour. Prisage, seemeth to be that 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 1 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 (prenare, i. capere) It signifieth in our Statutes, the things taken by purveyors, of the King's subjects. As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat. 3. cap. 2. It signifieth also a custom due to the King, anno 25 ejusdem cap. 5. Register origin. folio 117. b. Prisoner (priso) cometh of the French prisonn●er, 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: prisoner upon 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 Shyreeve, Constable, or other. Stawnf. pi. cor. li. pri. ca 32. fo. 34, et 35. Privy, cometh of the French (priuè, i. familiaeris) and signifieth 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. Every heir in tail is privy to recover the land entailed, eodem fol. 137. No privity was between me and the tenant, Littleton fol. 106. If I deliver goods to a man to be carried to such a place, and he after he hath brought them thither, doth steal them, it is felony: because the privity of delivery is determined, as soon as they are brought thither. Stawn. pl. co. lib. prim. cap. 15. fol. 25. Merchant's privy be opposite to Merchant's strangers, anno 2 Edw. tertii, cap. 9 & cap. 14. & anno ejusdem, stat. 2. cap. 3. The new expositor of law-terms maketh divers sorts of privies: as privies in estate, privies in deed, privies in law, privies in right, and privies in blood. And see the examples he giveth of every of them. See Perkins Conditions, 831, 832, 833. and Sir Edward Cook lib. 3. Walkers case, fol. 23. a. & lib. 4. fol. 123. b. & 124. a. where he maketh four kinds of privies, viz. privies in blood, as the heir to his Father, etc. privies in representation, as executors or administratours to the deceased: privies in estate, as he in the reversion, and he in the remainder, when land is given to one for life, and to another in fee: the reason is given by the 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 seal that the King useth sometime 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 irrogata. Frerotus in paratit lis ad titulum decretal●um de privilegiis thus defineth it: privilegium est jus singular, hoc est, privata lex quae uni homini, vel loco, vel Collegio, & similibus aliis conceditur: cap. priv legia, distinct. 3. priva enim veteres dixere quae nos singula dicimus. Infit Agellius, li. 10. ca 20. Idiòque privilegia, modò beneficia, modò personales constitutiones dicuntur, etc. It is used so likewise in our Common law, and sometimes for the place, that hath any special immunity. Kitchen, foe 118. in the words: where debtors make feign dgifts and feoffments 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 arrested, 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 Westminster hall, upon any contract made within their own precincts. And one towards 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 writ of Privilege grounded upon the statute anno 18 Edward the third, 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 patty dyeth. 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 (according as their composition, or prescription is) hath the probat of the Testament: if the goods be dispersed in divers Dioceses, so that there be any sum of note (as five pounds ordinarily) out of the Diocese where the party led 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 every Diocese, wherein the party deceased 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 above five pound. See Prerogative of the Archbishop. This probat is made in two sorts, either in common form, or pertestes. The proof in common form, is only by the oath of the executor, 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 deceased. 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 or friends of the party deceased about his goods. For a Will proved only in common form, may be called into question any time within thirty 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 case of privilege, or that the matter comprised in the Bill, be not well provided, Brook, hoc titulo, and Terms of the law: Cook vol. 6. fol. 63. a. See an. 21 R. 2. ca 11. in fine, letter's of procedendo, granted by the Keeper of the privy seal. See in what diversity it is used in the table of the original Register, and also of the judicial. I●roces (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. wherein there is great diversity, as you may see in the table of Fitz. nat. br. verbo Process, and Brooks Abridgement, hoc titulo. And whereas the writings 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, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divers kinds of Process upon Inditements before justices of the peace, See in Cromptons' Justice of peace, fol. 133, b. 134.135. But for order's sake, I refer you rather to M. Lambard is his tractat of Processes adjoined to his Eirenarcha, who according to his subject in hand, divideth criminal Process, either into Process touching causes of treason, or felony, and Process touching inferior offences: the former is usually a capias, capias alias, & exigifacia●. The second is either upon indictment, or presentment, or information: that upon indictment 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 infinitè until he come: if he be returned with a Nihil babet, then issueth out a Capias, Capias aliis, Capias pluries, and lastly, an Exigi facias. The special process is that, which is especially appointed for the offence by statute. For the which he referreth his reader to the eighth chapter of his fourth book, being very different. Processum 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 propinquier) is word for word, a near friend. It is used in our Common law, for him that is next of kin to a child in his nonage, and is in that respect allowed by law, to deal for him in the managing 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. Stat. West. pri. cap. 48. 3 Ed. pri. and Westm. 2. cap. 15. anno 13 Ed. pri. Proof, alias Prove, is used for an Enquest, 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. cap. 6. Proclamation of rebellion is a public notice given by the officer, that a man not appearing upon a Subpoena, nor an attachment, in the Starchamber or Chancery, shall be reputed a rebel, except he render himself by a day assigned, Cromptons' jurisd. fol. 92. See Commission of rebellion. Proclamation of a fine, is a notize 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. symbo. titulo Fines sect. 132. where also you may see the form of the Proclamation. Proclamare est palam, et valde clamare, used by Tully, Livy, and the Civilian. π. Quibus ad liberta proclamare non licet. And Proclamator signifieth him qui litem intendit, vel causamagit. Cicero de oratore, lib. pri. Non enim causidicum nescio quem, neque proclama●orem, aut rebulam hoc sermone conquirimus, etc. I read in Fitz. 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 in an. 31 H. 8. c. 8. see also proclamations in divers cases. New book of Entries. verb. Proclamations. 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, Arch-deacons, 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 Archbishops proceed in their accustomed course. One example may serve to show both. The Archbishop of Canterbury upon his writ received, directeth his letters to the Bishop of London as his Dean provincial, 1 sect. statuimus de poenis & verb. tauquam in glos. first citing himself peremptorily: and then willing him to cite in like manner all the Bishops, Deans, Arch-deacons, 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 Arch-deacons 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 certificatory. The Bishops proceed accordingly, and the Cathedral and collegiat 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 Proctors 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 since 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 fruit of the 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 Shyreves, and other officers in the Exchequer, which is twice in the year, anno 51. H. 3. statute quins. And it may be gathered also out of the Regist. 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 essoynes, 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 Britton. cap. 2. fol. 50. b. & 55. a. & fol. 80. b. and Fleta lib. 1. cap. 38. sect. Utlagati et seq. Proffer the half mark. See Half mark. 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 impleaded 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, or forbidden to proceed any farther in that cause: for that it appertaineth to the dis-inheritage to the Crown of such right as belongeth unto it. In how many cases this lieth, see Broke hoc titulo, and Fitz. na. br. fol 93. & seq. 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 weary 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, however 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. na. br. fol. 39 Prohibtio de vasto directa 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 Shyreeve, 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 Convocations so be there two prolocutors, 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 sees 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. Angl. li. 2. ca 14. Pro patribus liberandis, is a writ for the partition of lands between coheirs, Register original, fol. 316. Prophecies (prophetiae) be in our common law, taken for wisardly foretellings of matters to come, in certain hidden and enigmatical speeches. Whereby it falleth out many times, that great troubles are stirred in our Commonwealth, 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 ejusdem, cap. 11. & anno 5 Elizab. ca 15. But these for distinctions sake 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 man's 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 probaenda, is a writ. See the original Regist. fol. 83. a. & 85. b. It lieth for him, that will prove a property before the Shyreeve. Brooks Property. 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 is most nototiously used for him, that hath the fruits of a benefice, to himself and his heirs or succescessors, as in time past Abbots and Priors had to them and their Successors. See Appropriation. Pro rata portionis. See Onerando prorata portionis. Proection (protectio) hath a general and 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, an. 25 Edw. tertii, capite 22. 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 this 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 sued 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, p. 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, istermed cum cl●usula, Nolumu●: which is granted most commonly to a spiritual company for their immunity from taking of their 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 Preignetary. Protestation (protestatio) is (as Justice Walsh defineth it) a defence of 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 Regist. orginal, fol. 306. b. And see Protest. Protest (protestari) hath too 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 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 G●esbroke, fol. 276. b. and the Register original, 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 whom he assigneth me, if at my coming I find not myself satisfied to my contentment, but either delayed or denied, than I go into the burse or some open concourse of Merchants, and protest that I am deceived by him. And thereupon if he hath any goods remaining in any man's hands within the Realm, the Law of Merchants is, that I be paid out of them. Prouver (Probator.) See Approuver, anno 5 H. 4. cap. 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 Archbishop's jurisdiction, as the Province of Canterbury, and the Province of York, anno 32 H. 8. ca 23. & anno 33 ejusdem, cap. 31. yet it is used divers times in our statutes for several parts of the Realm. Provincial (provincialis) is a chief goververnor of an order of Friars, anno quar. Hen. quar. cap. 17. Protoforesta●ius, was he whom the ancient Kings of this Realm made chief of Wind for Forest, to hear all causes of death, or mayhem, or of slaughter, or of the King's Deer within the Forest. Camden Brit. pag. 213. See Justice of the Forest. Prove. See Proof. Provision (proviso) 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 Duarenns de sacris ecclesiae ministeriis, & beneficiis, l. 3. cap. 2. but also for England particularly, in divers statutes of the Realm. viz. anno 35 Ed. 3. cap. 22. stat. 4. & statu. 5. commonly called the statute de provisionibus, & anno 27 ejusdem, cap. 1. & anno 38 ejusdem stat. 2. cap. pri. & 2, 3, 4. & anno 38 ejusdem, & anno 2 Rich. 2. cap. 7. & anno 3 ejusdem, cap. 3. & anno 7 ejusdem, cap. 12. & anno 12 ejusdem, cap 15. & anno 13 ejusdem, stat. 2. cap. 2, & 3. & anno 16 ejusdem, cap. 5. & anno 2 Henr. 4. cap. 3, et 4. et anno 5 ejusdem, cap. prim. et anno 7 ejusdem, cap. 6, et 8. et anno 9 ejusdem, cap. 8. & anno 3 Henr. 5. cap. quar. 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, Pourvieu Gallicum semper conditionem inducit. Tiraquel. tome 3. pag. 316. Our common Lawyers say, that it sometime signifieth but a covenant, whereof you have a large dispute in the second Book of Sir Edward Cooks 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 factas to the Shyreeve: which hath in it these words, Proviso quòd, etc. to this end, that if the Plaintiff take out any writ to that purpose, the Sheriff shall summon but one jury upon them both. See Old natura brev. in the writ Nisi prius, fo. 159. PU Purchas. See Pourchas. Purfles of a woman's gown, anno 33 H. 8 cap. 5. Purgation (purgatio) is a clearing 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 matter of Felony imputed to Clerks in former time, as appeareth by Stawnf. pl. cor. li. 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. Purgation is either Canonical (canonica) or vulgar (vulgaris) Canonical is that which as prescribed by the Canon law: The form whereof is usually 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. depurgatione Canon. et vulga. in Decretalibus. Combat, though it be less in use than it was, yet it is, and may be still practised by the Laws of the Realm, in cases doubtful, if the defendant chu●e rather the combat than other trial. See Ordell. 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 perambulation 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 pouralce. i. perambulationem, or purliu, purluy, which he saith, be but abusively taken for pourallee, ubi supra, num. 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 (lieu, i. locus) and my reason is, because that such grounds as were by those Kings subjected 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 reli●ioni non est obstrictus: sect. 9 de reruus divisin institution. so no doubt, in imitation of that very point, our ancestors called this purlieu, i. purum locum, because it was exempted from that servitude or thraldom that was formerly laid upon it. So ager purus est, qui neque sacer, neque sanctus, neque religiosus, sed ab omnibus hujusmodi nominibus vacare videtur, lib. 2. sect. 4. π. de religio, et sumptibus funerum. And therefore Master Crompton: Purraile is not much amiss, fol 153. of his Iurisdict. because we may also derive it from the French words, pur and allee, that is as much as 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 alee, 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 statute, anno 33 Edw. prim. stat. 5. Pourlie man, is he that hath ground within the purlieu, and being able to dispend forty shillings by the year of Freehhold, is upon these two points licenced to haunt in his own purlieu: Manwoo● parte 1 of his Forest laws, pag. 151 and 157. but what observations he must use in his hunting, see him, pag. 180, 181, 186. See him likewise, part 2. ca 20. num. 5, 8, 9, etc. See Purlieu. Purpresture, See Pourpresture. Pursy, anno 43 Eliz. cap. 10. Purswivant, See Poursuivant. Purveyors. See Pourveyours. Pyker, alias Pycar, a kind of ship: anno 31 Edw. 3. stat. 2. cap. 2. Q QUadragesima, is the first Sunday in Lent, so called (as I take it) because it is the fourtieth day before Easter. The sunday before that is Quinquagesima: the second before, Sexagesima; the third septuagesima. Quae plura is a writ that lieth where an inquisition hath been made by an Escheator 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 Fitz. nat. br. fol. 255. It differeth from the writ called melius inquirendo. as Fitzh. there saith, because this is granted, where the Escheator formerly proceeded by virtue of his office: and the other, where he found the first office by virtue of the writ called Diem clausit extremum. See the new Book of Entries, verbo Quae plura. Querens non invenit plegium, is a return made by the Sheriff, upon a writ directed unto him, with this condition inserted: Si A. fecsrit B. securum de loquela sua prosequenda, etc. Fitzherbert, Nat. brev. fol. 38. o. Quae servitia is a Writ. See per quae servitia. Quale jus 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 Escheator, to inquire whether the religious person hath right to recover, or the judgement is obtained by collusion between the Demandant and the Tenant, to the intent that the true Lord be not defrauded. See Westm. 2. Cam. 32. Cum Viri religiosi, etc. The form of this writ you may have in the Register judicial, fol. 8, 16, 17, et 46. And in the Old nat. br. fol. 161. See the new book of Entries, verbo, Quale jus. Quare ejecit infra terminum, is a writ that lieth for a Leassee, in case where he is cast out of his Ferm before his term be expired, against the Feoffee or leassour that ejecteth him. And it differeth from the Ejectione firma, because this lieth where the leassor after the lease made infeoffeth another, which ejecteth the leassee. And the Ejectione firma lieth against any other stranger that ejecteth him. The effect of both is all one, and that is, to recover the residue of the term. See Fitzh. nat. brev. fo. 197. See the Register original, fol. 227. And the new book of Entries, verbo, Quare ejecit infra terminum. Quare impedit is a writ that lieth for him who hath purchased a manor, with an advowsen 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 purchasor himself. See the expositor of the terms of the Law, and Old nat. brev. fol. 27. Bracton, lib. 4. tractat. 2. cap. 6. Britton, ca 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 than Assisa ultimae praesentationis, because it supposeth both a possession and a right. See at large the new Book of Entries, 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. Regist. origin. fo. 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 nevertheless upon his Land, without agreement first made with his Lord and Guardian. Terms of the Law. Quare non permittie, 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 message or chief Mansion house by the space of forty days after his decease. Of this see Bracton, lib. 2. ca 40. And if the heir or any other attempt to eject her, she may have the writ De Quarentina habenda, Fitzh. nat. brev. fo. 161. See anno 9 H. 3. cap. 7. and anno 20. cap. 1. 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 quaeresme des refues granted to widows after the decease of their husband: as he proveth out of Papon in his Arrests, lib. 15 titulo des dots. cap. 7. and li. 10. tit. Substitutiones, cap. 30. Of this read Fleta also, lib. 5. cap. 23. Quarentina habenda, is a writ that lieth for a widow to enjoy her Quarentine. Register original foe 175. Quare non admisit, is a writ that lieth against the Bishop, refusing to admit his Clerk that hath recovered in a plea of advowsen. The further use whereof see in Fitz. nat. br. fo. 47. and Register origin. fo. 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 sect. 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 exceedeth, is to be learned out of M. Lambert's Eirenarcha. Sir Thomas Smith, de republs. Angl. li. 2. cap. 19 But to these you may 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 further. That these Sessions should be held quarterly, was first of all ordained (so far as I can learn) by the statute anno 25 E. 3. statut. 1. cap. 8. Of this read lambert's 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, tractat. 2. cap. 3. nu. 4. Quecbord, 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 Plaintiff 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 departed, he would sue 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 entituling another to land, etc. saith, That the same estate 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, &c, that is, which estate of the four persons, he saith also, that he hath now during the vacation, by virtue whereof he presently, etc. Brook titulo Que estate, fol. 175, & 176. But it is harder to know, when this Que estate is to be pleaded, than to understand what it is, as by him may appear. See the new book of Entries, verb. Que estate. Queen (Regina) is either he 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 sue and be sued in her own name. Yet that she hath is the Kings, and look what she loseth, so much departeth from the King. Stawnf. praerog. cap. 2. fol. 10. in sine. See Kitchen, foe 1. b. See Cook lib. 4. Copyhold cases foe 23. b. Angusta was the like among the Romans, howbeit not ejusdem juris in all things. Queen's silver, See King's silver. Quem redditum 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 atturn unto him, thereby to cause him to atturn. See Old nat. br. fo. 156. & west, part. 2. symbol. titulo Fines, sect. 125. See the new book of Entries, verb. quem reditum reddit. Querela frosca fortiae, is a writ, See Fresh force. Querela coram regi et consilio descutienda et terminanda, is a writ whereby one is called to justify a complaint of a trespass made to the King and himself before the King and his Council, Regist origf 124 b. Questus est nobis, etc. is the form of a writ of Nuisance, which by the statute ax. 13 Ed 1. ca 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 Chancery, sued against the privilege of that Court, in the Common pleas, and pursued in the exigend. See Dyerf. 33 n 18. Quid juris clamat, is a writ judicial, issuing out of the Record of the fine, which remaineth with the Custos brevinm of the Common place, before it be engrossed (for afterward it cannot be had) and it lieth for the Grantee of a Reversion or Remainder, when the particular tenant will not atturn. West, part 2. symb. tit. Fines, sect. 118. Whom see further. See the Register judicial, 36, 57 And the new book of Entries, Verbis Quid juris clamat. Quinquagesima Sunday, is always the next Sabbath before Shrovetyde: so called because it is the fivetieth day before Easter. The reason of this appellation whoso desireth to know, he may find divers such as they be, in Durandi rationali 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 Sexagesimi, and is instituted and so called, as Durand likewise saith, for three things: and (to use his own words: Primò, propter redemptionem Sabbati, vel secundum alios, quinta furiae, in qua sancti patres stat verunt jejunari. Secundo, propter repraesentationem, quoniam repraesentat septuaginta annos captivitatis Babylonicae. Tertiò, propter significationem, quoniam per hoc tempiis significatur deviatio, exilium, et tribulatio totius humani generis ab Adam usque ad finem mundi: quod quidem exilium sub revolutione septem dierum peragitur, et sub septem millibus annornm 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 Brit. 23. and such like. Quite claim (quiet clamantia, vel quieta clamantia) is a release or accquit●ing of a man for any Action that he hath, or might have against him. Bracton, li. 5. tract. 5. c. 9 nu. 9, li. 4. tract. 6. ca 13. nu. pri. Quittance (qutetantia) 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 protestation or performance of both parties to a contrnct: as a horse and ten pound between the buyer and the seller, Kitchen, foe 184. Quinsieme (decima quinta) is a French word signifying a fifteenth. It is used in our Common law, for a tax laid upon the subjects by the Prince, anno 7 Hen. 7. ca 5. So termed, because it is raised after the fifteenth part of men's Lands, or Goods. See Fifteenth, and Tax. The Fifteenth, as Crempton saith in his Jurisd. 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 word qninsieme is used for the 15 day after any feast, as Quinsieme of Saint John's Baptist, anno 13 Ed. prim. ca 3. et anno decimo ostavo ejusdem capit. prim. Quod ei def rceat, 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 Brook hoc tit. See the Reg. origin. fo. 171. and the new book of Entries, verbo Quod ei deforceat. Quod permittat, is a writ that lieth for him that is disseised of his Commune of pasture, against the heir of the disseisour being dead. Terms of the Law. Briton, cap. 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 Brook hoc titulo. See the Register origin. fo. 155. and the new book of Entries, verbo Quod permittat. Quod Clerici non eligantur in officio ballivi, etc. id est, 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 sacres, etc. See the Register orig. fol. 187. Fitzh. nat. br. fo. 175. Quod Clerici beneficiati de Cancellaria, is a writ to exempt a Clerk of the Chancery from contribution towards the proctor's of the Clergy in Parliament. Register origin. fo. 261. a Quòd persona, nec Praebendarti, etc. is a writ that lieth for spiritual persons that are distreined in their spiritual possessions, for the payment of the fifteenth with the rest of the parish. Fitz. nat. br. fol. 176. Quod non permittat. See Consuetudixibus, & servitiis. Quo jure, is a writ that lieth for him that hath land, wherein another challengeth common of pasture time out of mind. And it is to compel him to show by what title he challengeth this Commune of pasture. Fitzherberts' natura brevium foe 128. Of this see Briton more at large, cap. 59 See the Regist. orig. fo. 156. and the new book of Entries, verbo Quo jure. Quo minus, is a writ that lieth for him that hath a Grant of House-bote and Hey-bote, 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 Brook, hoc titulo. See Kitchen, fol. 178. b. This writ also lieth for the King's Farmer in the Exchequer, against him to whom he selleth any thing by way of bargain touching his farm. Perkins graunt's, 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 Fraunchis or liberty against the King, as to have waif, stray, fair, market, court baron, or such like, without good title. Old not br. fol. 149. or else against him that intrudeth himself as heir into Land, Bracton, lib. 4. tractat. 1. cap. 2. numb. 3. See Brook hoc titulo. You may read of this also anno 18 Ed. prim. Stat. 2, & 3. et anno 30 ejusdem. And the new book of Entries. Quo warranto. R RAMIRES RAch vintage, anno 32 H. 8. c. 14. is a second vintage or 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 lees. From this voyage our Merchants commonly return about the end of December, or beginning of january. Radknights. See Roadknights. 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, qua negari non potest. Ransom (redemptio) cometh of the French (raacon) or (rencon) 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 a Fine, and Ransom, the Ransom shall be triple to the Fine. Cromptons' Justice of peace, fol. 142. a. and Lamb. Eirenarch. lib. 4. cap. 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 Puensey, of Hastings. Cambden Britan. pag. 225. whom also see pag. 229. These parts are in other places called tithings, Laths, or Wapentakes. Smith de repub. Angl. li. 2. ca 16. Rape (raptus) is a felony committed by a man in the violent deflowering of a woman, be she old or young, Briton ca 1. whereof West part 2. Symb. titulo Inditements, sect. 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 praescribitur.) This offence is with us Felony in the principal, and his aiders, anno 11 Hen. 4. cap. 13. anno pri. Ed. 4. ca 1. West 2. ca 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. sect. praeterea. And carnal knowledge of a woman under ten years old, is felony, Anno 8 Elizabeth, ca 6. Thus far Master West. Of the diversity of Rapes, see Cromptons' justice of peace, fol. 43. b. and 44. See Ravishment. The Civil law useth raptus in the same signification. And rapere virginem vel mulierem, est ei vim infer et vila re, Co. li. de raptu virgins. Raptu●haeredis, is a writ lying for the taking away of an heir holding in socage: and of this there be two 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 parte 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. nat. br. fo. 222. Who there citeth the eighteenth chapter of Magna Charta, and Glanvile, 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 chldrens the second, and the executors the third. Fitzherbert saith also, that this writ lieth also as well for the children as for the wife. And the same appeareth by the Regist. 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 parte, & rationabili parte 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 further the form and use of this writ in fitzherbert's natura brevium, fo. 128. and in the Reg. foe 157. b. and in the new book of Entries, verbo rationalibus divisis. The Civilians call this, Judicium finium regundorum. Ravishment (raptus) cometh of the French ravissement, i. direptio, ereptio, raptie, raptus, raptura; and signifieth in our law, an unlawful taking away either of a woman, 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 Fitz. nat. br. in the writ De recto de custodia, fo. 140. f. See also the old Nat. br. fo. 92, 93, & 94. See the new book of Entries, verb. Rape, & ravishment de guard. Raw, anno 4 Edw. 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 ca 7. whose authority is partly declared in his oath, set down by M. Manwood, parte pri. of his Forest laws, page 50. in these words, You shall truly execute the office of a Rawnger in the Purluise 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 and 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 Attachments, or Swainmote, which shall first happen, so help you God; but the same Author setteth down his office more particularly in his second part, cap. 20. num. 15, 16, & 17. The sum whereof is this. A Rawnger 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 safe conduct them back again. And therefore in those Forests that have no pourallees, there to be no Rawngers, but Foresters serve the turn. This Rawnger 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 twenty pound or thirty pound paid out of the Exchequer, and certain fee Dear both red and fallow. His office consisteth chief in these three points, ad perambulan dum quotidie per terras deafforestatas, ad videndum, audiendum et inquirendum, tam de malefactis, quam de malefactoribus in Balliva sua: ad resugandum feras forestae tam veneris quam chaseae de terris deafforestatis, in terras afforestatas: et ad praesentandum omnes transgressiones Forestae in terris deafforestatis factas, ad poximas curias illius forestae tentas. Rawsom, see Rausom. Ray seemeth to be a word attributed to cloth never coloured or died, v. anno 11 H. 4. ca 6. RE Realty, see Royalty. Reasonable aid (rationabile auxilium) is a duty that the Lord of the fee claimeth of his tenants holding by Knight's service or in socage, to marry his daughter, or to make his son Knight. West 1. ca 39 See Aid. See Frook, titulo Reasonable aid. Reattachment (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. Brook tit. Reattachment: where he maketh 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. Brook eodem, num. 18. Then special must be for one or more certain, Register judicial, fo. 35. See the new book of Entries, 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 Frenchmen 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, ca 61. and Hot●man 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. and anno 31 ejusdem, stat. 3. cap. 2. Sometime to a Villain disobeying his Lord, anno 1 R. 2. cap. 6. Rebellious Assembly, is a gathering together of twelve 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 present Realm, or to destroy the enclosure of any Park or ground enclosed, or banks of any fishponds, pool, or conduit, 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 Deer in any Park, or any Warren of coneys, or dove-houses, 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, anno pri. Mar. 12. & anno 1 Eliz. cap. 17. See West. parte 2. symb. titulo Inditem. Sect. 65. And Cromptons' Justice of peace, fol. 41. b. Rebutter, cometh of the French (Bouter, i. pellere, impellert, 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 another in fee with warranty. And the Donee leaseth out his Land to a third for years. The heir of the Donour impleadeth the Tenant, alleging that the Land was in tail 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, yet he is bei● to the warranty likewise: and this is called a Rehutter. See Brook, titulo bar, num. 23. And again, if I grant to my Tenent to hold sine impetitione vasti, and afterward I implead him for waste made, he may debar me of this action, by showing my grant. And this is likewise a Rebutter, idem eodem num. 25. See the new book of Entries, verbo Rebutter. Renant, an. 32 H. 8. ca 2. Recaption (recaptio) signifieth a second distress of one formerly distreined 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 distre●ned, the form and further use whereof you may see in Fitz. nat. br. fol. 71. and the Regist. orig. fo. 86. and the Register Judicial foe 69. and the new book of Entries, verb. 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 ●uch as receive stolen goods from thiefs, and conceal them, li. 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 personage. Cromptons' Jurisdict. fol. 18. There is also an officer called the Receiver 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. parte 2. symb. titulo Fines, sect. 106. Receiver of all offices accountable, an. 1 Ed. 4. cap. 1. Receiver general of the Duchy of Lancaster, is an office 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 Wardt and liveries, is an officer belonging to that Court, that is to receive all rents, revenues, & fines of the lands belonging to his Majesty's Wards, as also the fines for licences to the King's widows to marry, of custer le main sued out, and for idiots and lunatics land, and finally all other profits whatsoever, in money arising to his Majesty, out of, or by reason of the Court of Wards and liveries. Receiver general of the Muster Rolls, anno 35 Eliz. 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. Littleton fol. 92. Recognisance, (Recoguitio) cometh of the French (Recogneisance, 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 recognisors goods, and chatells, except the draught beasts, and implements of husbandry, and of the moiety of his Lands. West. parte pri. symb. li. 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 orginal, 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. cap. 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 moveables, by recognizance of Assize of novel disseisin, the judgement shall, etc. In which place it is used for the verdict of the twelve men impaneled upon an Assize, which twelve are also called recognitors of the Assize, Littleion fol. 72. So also Bracton called them, lib. 5. tractat. 2. cap. 9 nu. 2. in these words: In essonio ver● reddendo exigentur omnes illi, quos causa tetigerit: sicut partice●●, Warrantus, & alii ut supra. Recognitores in assisis, Juratores in Juratis, Inquisitores inquisitionibus, etc. And again lib. 3 tract. 1. 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, folio 183. a. b. Recognitors (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 tongues signifieth an authentical or testimony in writing, Briton, cap. 27. and Lamb. Eirenarch. lib. 1. cap. 13. In the grand Custumary 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 numbers 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. Bretton in the Proem of his book saith, that the justices of the King's Bench have a Record, the Coroner, Vicounr, justices of the Exchequer, justices of the Gaol 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. Rawlius' case, fol. 52. b. anno 12 Ed. 2. cap. 4. It is said, that two justices of either Bench have power to record Nonsuits, and defaults in the Country. It appeareth by Bracton, lib. 5. tract. 2. cap. 1. et 11. that quatuor milites habent recordum, being sent to view a party essoined de malo lecti, and lib. 5. tract. 1. cap. 4. nu. 2. that Serviens Hundredi habet recordum in testimonio proborum hominum, And in the Statute of Carlisle, made anno 15 Ed 2. it is said, that one justice of either Bench, with an Abbot or Prior, or a Knight, or a man of good fame or 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. et anno 2 H. 5. cap. 3. that two justices of peace, with the● Shyreeve, or Undershyreeve, have power to record, what they find done by any in a riot, or rout, etc. That which is before mentioned out of Briton touching the Shyreeve, 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 Escheator 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. Fitzh. in his Nat. br. fol. 82. in principio, something explaineth this point, writing to this effect: Every act that the shyreeve 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, because his patent is of record: the other, because he is a conservatour 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. cao. 3. anno 13 Ed 1. But it seemeth by Briton, cap. 27. that it is only in these causes, whereof the shyreeve 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. Scrviens Hundredi habet recordum in testimonio proborum hominum. And to this purpose read Glanvile, l. 8. c. 8, 9, et 10. One justice upon view of forcible detinue 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. ●. ca 1. Brook, titulo (Record) seemeth to say, that no Court ecclesiastical is of record: how truly, it is to be inquired. For Bishops, certifying 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 enquiry or controlment. See Brook titulo Bastardy. See Fleta, lib 6. cap. 39, 40, 41, 42. Lamb. Eirenarcha, lib. pri. cap. 13. Glanvile, lib. 7. cap. 14, et 15. the Register original, fol. 5. b. Bracton, lib. 5. tractat. 5. cap. 20. nu. 5. Briton, cap. 92, 94, 106, 107, & 109. Doct. and Stud. lib. 2. cap. 5 but especially Cosius apology, parte pri. cap. 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. plus valere quod agitur quàm 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. Briton cap. 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 Glanvile, lib. 8. cap. 8. The King may make a Court of record by his grant. Glanvile, lib. 8. cap. 8. Briton, cap. 121. as for example, Queen Elizabeth of worthy memory, by her Charter dated 26 Aprilis, anno 3. regni sui, made the Consistoty 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 enrolled, or such like. Coke lib. 4. Andrew Ognels' case, fol. 54. b. Recordare facias, or recordari facias, is a writ directed to the Shyreeve, to remove a cause depending in an inferior court, to the King's bench, or common pleas, as out of a court of ancient Demeasn, Hundred, or County, Fitz. nat. br. fol. 71. B. out of the county court, idem fol. 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 Abridgement, titulo Recordare et pone. It seemeth to be called a recordare, because the form is such, that it commandeth the Shyreeve to whom it is directed, to make a record of the proceed by himself, and others, and then to send up the cause. See the Register, verbo Recordare, in the table of the original Writs. See Certiorari. See Accedas ad Curiam. Recorder (recordator) cometh of the French (recordeur, i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri.) Grand Custumary of Norm. cap. 107. & 121. Whereby it appeareth, that those which were necessary ludges to 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 proceed, according unto law. And he is for the most part a man well seen in the common law. Recordo et processu mittendis, is a writ to call a Record, to gether with the whole proceeding in the cause out of one court into the King's court. Which see in the Table of the Register original, how diversely it is used. Record Utlagariae mittendo, is a writ judicial, which see in the Register judicial, fol. 32. Recovery, (Recuperatio) comes of the French Reconurer, 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 figned. A true recovery is an actual or real recovery of any thing, or the value thereof by judgement: as if a man sued for any land, or other thing movable or , 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. parte 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 three parties, viz. the Demandant, the Tenent, and the Vouchee. 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 Vouchee is he, whom the Tenent voucheth, or calleth to warranty 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 off an Estate tail in lands or tenements, to the end, to sell, give, or bequeath it, as himself seethe 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 hers allowed by the court to call in this third man to say what he can for the justifying 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 Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent. And by this means the entail which was made by the Tenent, or his Ancestor, is cut off by judgement hereupon given: for that he is pretended to have no power to entail that land, whereunto be had no just title, as now it appeared: because it is evicted, or recovered from him. This kind of recovery is by good opinion, but a snare to deceive the people. Doctor and Stud. cap. 32. diai. 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 off 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) signifies as much as (Illud quod interest) with the Civilians. For example, if a man buy land of another 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. brev. fol. 134. K. To recover a warranty, Old nat. brev. 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 a writ 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 Ancestor died not seized, as of fee, and whereby are pleaded, and tried both their rights together, viz. as well of possession, as property. In so much as if a man once lose his cause upon this writ, either by judgement, by assize, or battle, be is without all remedy, and shall be excluded (per exceptionem Rei judicatae) Bracton, lib. 5. tract. 1. cap. 1. et seq. where you may read your fill of this writ. It is divided into two species: Rectum patens, a writ of right patent, and Rectum clausum, a writ of right close. This the Civilians call Judicium petitorum. 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 sued 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 also is called Breve magnum de Recto, Register original, fol. 9 A. B. and Fleta lib. 5. cap. 32. sect. 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 sue out this writ of right close directed to the Lord of the ancient Demesn, commanding him to do him right, etc. in this Court. This is also called a small writ of right. Breve parvum, Register original, fol. 9 a. b. and Briton, cap. 120. in fine. Of this see Fitzh. likewise at large, nat. br. fol. 11. et seq. 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. brev. 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 Lord's Court between kinsmen, that claim by one title from their Ancestor. 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, et 5. Glanvile seemeth to make every writ, whereby a man sueth for any thing due unto him, a writ of right, lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 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. fo. 5. and Fitzh. fol. 7. E. and the Register original, folio 3. and the new book of Entriet, 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 sue for her thirds against the heir or his Guardian. Old nat. br. fol. 6. Regist. origin. fol. 170. Recto de rationabili parte, is a writ that lieth always, between privies of blood, as brothers in Gavel-kind, or sisters, or other Coparceners, as Nephews, or Nieces, and for land in Fee simple. For exampse, if a man lease his Land for term of life, and afterward dyeth, leaving issue two Daughters, and after that the tenant for term of life likewise dyeth, the one sister entering upon all the land, and so deforcing the other; the sister so deforced shall have this writ to recover part. Fitz. nat. br. fol. 9 Regist. orig. 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 his 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. original, fol. 4. Recto de Advocatia Ecclesiae, is a writ of right, lying where a man hath right of Advowsen, and the Parson of the Church dying, a stranger presenteth his Clerk to the Church, and 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 Advowsen, to himself and to his heirs in Fee. And as it lieth for the whole advowsen: so it lieth also for the half, the third, the fourth part. Old nat. br. fol. 24. Register original, fol. 29. Recto de custodia terra et haredis, is a writ that lieth or him, whose Tenent holding of him in Chivalry, dyeth 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 Fitz. 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 Tenent, and the Tenent disclaimeth to hold of him, upon the disclaims 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. fol. 150. which is grounded upon the statute, Westm. 2. cap. 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 ecclesiae parochialis, is he that hath the charge, or cure of a Parish church, qui tantum jus in ecclesiae parochiali habet, quantum praelatus in ecclesiae collegiate, cap. ult, De Locat. & Conduct. in glos. verbo expelli potuissent. In our common law, I hear that it is lately overruled, that rector ecclesiae parochialis is he, that hath a personage, where there is a vicarage endowed: and he that hath a personage 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. tract. 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 ecclestis praebendatis. Item dici possunt rectores, vel quasi, Abbates, Prieres & 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. cap. 3. sec. a. 6. R. 2. stat. 1. cap 11. Reddendum, is used many times substantively for the clause in a lease, etc. whereby the rent is reserved to the Leassour. Coke lib. 2. Lord Cromwell'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 not br. fol. 106. Fitz. nat. br. fo. 188. See the new book of Entries, verb. Redisseisin. Redisseisina, is a writ lying for a redisseisin. Reg. orig. f. 206, 207. Reddioion, 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. Redubhours, be those that buy cloth, which they know to be stolen, and turn it into some other form or fashion. Briton, cap. 29. Cromptons' Viconat, fol. 193. a: Reentry, cometh of the French (rentrer,) i. rursus intrare, and signifieth in our Common law, the resuming, or taking again of possession, which we had erst 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 shall be lawful for me to reenter, this is as much as if I conditioned to take again the lands, etc. into mine own hands, and to recover the possession by my own fact, without the assistance of judge or process. Rear County. See Rier County. Reextent, is a second extent made upon lands or tenements, upon complaint made, that the former extent was partially performed. Brook, titule Extents, fol. 313. Regard (regardum) is borrowed of the French (Regard, or regardere, 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 to the regarders office or charge. Cromptons' jurisd. fol. 175.199. Toaching the former, thus saith M. Manwood, parte pri. of his Forest laws. pag. 198. The Eire, general Sessions of the Forest, or Justice's seat, is to be holden, and kept every third year: and of necessity before that any such sessions or justice's 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 horest, and every Bayliwick of the same, to see and inquire of the trespasses of the Forest: which he compriseth in these four, viz. ad videndum, 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 obarge 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, parte 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) id est, Spectator) and signifieth an Officer of the Forest. Cromptons' jurisdict. 153. where it is thus defined, A Regarder is an Officer of the Forest, appointed to surview 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 Eyr, or at such time, as the regard is to be made, by virtue of the Kings writ, directed to the Shyreeve 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 Bayliwick 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, that they will conceal from you any thing that is forfeited to the King, you your, selves shall not let for any thing, but you shall see the same forfeiture, and cause the same to be enroled in your roll. You shall inquire of all wastes, pourprestures, and Asserts of the Forest, and also of concealments of any offence, or trespass in the Forest, and all these things you shall to the uttermost of your power d●; 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 assensis, 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) commmeth 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 proceed of the Chancery, or any Spiritual Court. The writer and the keeper whereof is called the Register, in Latin, Registrarins. 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. pri. cap. 24. Some say it is termed Registrum, quasi regestum. Prataeus. Regrator (regratator) cometh of the French (regratter, i. desquamare.) Regratter quelque vielle robe & la fair neufue) is to scour or furbish 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, mentiendi coloris artem optime callebant. Martialis & Plinius. This word in our Common law, did anciently signify such as bought by the great, and sold by the retail. Anno 27 Ed. 3. stat. prim. cap. 3. but now it signifieth him, that buyeth and selleth any wares, or victuals in the same market, or fair, or within five miles thereof. Anno 5 Ed. 6. cap. 14. anno 5 Eliz. ab. cap. 12. anno 13 Eliza. cap. 25. See Forestallers and Engrossers. Rehabere facias seifinam quando Vicecomes liberavit seifinam de majore parte, quam deberet, is a writ judicial. Register judic. fol. 13.51. There is another writ of this name and nature, eodem, fol. 54. rejoinder (rejunctio) 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, Duplicacation in the Civil law, and a rejoinder with us, especially in Chancery. West. parte 2. symbol. titulo Chancery, sect. 56. where he citeth these words out of Spigelius. Est autem rejunctio seu duplicatio, vel allegatio, quae datur reo ad infirmandum replicationem actoris, et confirmandum exceptionem Rei. Relation (relatio) idem quod fictio juris, to make a nullity of a thing from the beginning (for a certain intent) which had essence, Cook lib. 3. Butler and 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 (relaxtio) cometh of the French (Relasche, i. cessatio, rel●xatio, laxamentum) & in our Common law is thus defined: A release is an Instrument whereby estates, rights, titles, entries, actions, and other things be sometime extinguished, sometime transferred, sometime abridged, and sometime enlarged. Westm. parte prim. symb. 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 conseqnent, or intendment of Law. An example whereof you have in Perkins ubi supra. Of these, how they be available, and how not, see Littleton at large, lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries. verbo Release. Release (relevium) cometh of the French (relever, i. relevare) and sign fi in our Common law, a certain sum of money, that the Tenent holding by Knight's service, grand sergeanty, or other tenure, for the which homage or regal service is due, or by socage, 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 baereditas, quae jacens. fuit per Antecessoris decessum, relevatur in manus haeredum, & propter factam relevationem, facienda erit ab haerede quaedam praestatio, quae dicitur Relevinm. Of this you may read Briton, cap. 69. in a manner to the same effect. Of this also speaks the Grand Cnstomary 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 he held of him by homage, when those dye, of whom he had homage. And that this is not only proper to us in England, or Normandy, appeareth by Hotoman in his Commentaries, de verbis feud. verbo Relevium, who there defineth it thus: Relevium est honorarium, quod novus vasallus patrono introitus causa largitur, quasi morte vasalli alterius, vel alio quo casu feudum ceciderit, quod jam à novo sublevetur: and farther speaketh of it, that which is worth the reading, and contains great knowledge of antiquity. See the like definition in Marantae 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 marks: 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 socage, 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 not br. fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim. statut. prim. and Kitchen, foe 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 solutio est quaedam extrins●ca praestatio à consuetudive introducta, quae non inest fendo, quodq, solvitur pro confirmatione, seu renovatione investiturae & possessionis. See Heriot. This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. By the ancienter Civil law it is termed introitus, l. penult. sect. 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 wardship to his Lord, of whom he holds his Land by Knight 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, Littleton, cap. Atturnment, fo. 113. And this Remainder may be either for a certain term, or in fee simpse, or fee tail, as might be proved by many places in the law writers. But in stead of the rest, take Brook, titulo Done & Remainder, fo. 245. Glanvile, lib. 7. cap. pri. in fine hath these words: Notandum, quod nec Episcopus, nec Abbas, quia eorum Baroniae sunt, de eleemozina Dom. Regis & antecessornm ejus, non possunt de Dominicis suis al●quam partem dare ad remanentiam sine assensu & confirmatione Domini Regis. Where it appears, that Dare adremanentiam, is to give away for ever. To the same effect doth he use it, cap. 9 ejusdem libri, in these words, speaking of the Lords of Manors during the minority of their wards; Nihil tamen de haereditate, de jure alienare possunt ad remanentiam. In the like sort doth Bracton use it, lib. 2. cap. 23. in fine, and also lib. 4. tract. 2. c. 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 quinto 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 Memorales, qui sunt notarii Cancell●riae in regnò subjecti officio Quaestoris. Lucas de penna, C. lib. 10. tit. 12. nu. 7. The King's Remembrancer entereth in his Office all recognizances, taken before the Barons for any the King's Debts, for apparences, or for observing of Orders. He takes 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, and subsidies, and fifteenths, for their accounts. All informations upon penal Statutes are entered in his Office. And all matters upon English-Bills in the Exchequer-chamber are remaining in his Office. He maketh the Bills of compositions upon penal Laws: taketh the stallments of debts: maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber 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 election 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 Treasurer's remembrancer maketh process against all Shyreeves, Escheators, Receivers, and Bailiffs for their accounts. He maketh process of (Fierifacias) 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 Record, whereby it appeareth whether Shyreeves and other accountants pay their proffers due at Easter and Michaelmas. He maketh another Record, whereby it appeareth whether Shyreeves 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 accounts of Customers, Controllers, and other accomptants, 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. Remitter, 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 latter Title, unto his Title that is more ancient, in case where the latter is defective, Fitzherber● natura brev. fol. 149. F. Dyer, folio 68 num. 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, he shall be remitted to his better Title, if he will. Ca nono, fo. 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 selfsame 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 Cognizour: or double, which containeth a grant, or render back again of some Rent common, or other thing out of the Land itself to the Cognisor, etc. West. parte 2. Symbol. titulo Fines, Sect. 21, & 30. F. Also there be certain things in a Manor 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 Tenant, as Rents, Reliefs, Heriots, and other services. Idem codem 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. Plowden, 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 Rents. Littleton lib. 2. cap. 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 distrein 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 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 Littleton 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. Littleton 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. 30. Dialog. 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. Fitz. nat. br. fol. 127. where read at large the form and 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, Rastal, titulo Repeal. Brook useth Repellance in this signification, titulo Rapellance. Repleader, (Replacitare) is to plead again, that which was once pleaded before. Rastal, titulo Repleader. See the new Book of Entries, verbo Repleader. Replegiare. See Replevie. See Second deliverance. Replevie (Plevina) is the bringing of the writ called Replegiari facias, by him that hath his Cattles or other Goods distreined by another for any cause, and putting in surety to the Shyreeve, that upon the delivery of the thing distreined, he will pursue the action against him that distreined. Terms of Law. See Replegiare. It is used also for the bailing of a man, pl. cor. f. 72, 73, 74. & West. pri. cap. 11. & cap. 15. anno 3 Ed. 1. Replegiare de averiis, is a writ brought by one, whose Cattles be distreined or put in pound upon any cause by another, upon surety given to the Shyreeve to pursue the action in law, anno 7 H. 8. cap. 4. Fitz. nat. br. fol. 68 See the Register original, of divers sorts of this writ called Replegiare, in the Table, verbo codem. See also the Register judicial, fol. 58. & 70. See also the new book of Entries, verbo Replevin. See Dyer, fol. 173. un. 14. Replevish (replegiare) is to let one to mainprize upon surety. Anno 3 Edw. 1. cap. 11. Replication (replicatio) is an exception of the second degree made by the Plaintiff upon the first answer of the Defendant, West. parte 2. symbol. titulo Chancery, sect. 55. & West. 2. anno 13 Ed. pri. cap. 36. This is borrowed from the Civilians, De replicationibus, li. 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, and 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 parte pri. pag. 178. Reprisells, (reprisalia) are all one in the Common and Civil law. Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data creditori pro injuriis et damiis acceptis. Vocabucarius 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 Marque, 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 Requistionum) is a Court 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 Petitioners, 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 for merly 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 Tenant 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, Resceit, fol. 205. See Perkins Dower, 448. Receipt is also applied to an admittance of plea, though the controversy be between two only. Brook estoppel, in many places. Resceyt of homage, is a relative to doing homage, for as the Tenant, 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 injuria) 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, 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 consuctud. 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 Lawyer's Latin (Breve de rescussu.) whereof you may see both the form and use in Fitz. nat. bre. fol. 101. and the Register original, fol. 125. See the new book of Entries, v●rbo 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 ●●ster le main was formerly missused 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, is residere) and signifieth a man's abode or continuance in a place. Old nat. br. fol. 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 Paramont. Perkins reservations, per cotum. 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 (resignittiò) 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 authority 'em Ecclesinsticam, as the Pope had in time past. Plowden, casu Grendon, fo. 498. Resort, is a word used properly in a writ of tail, or cozenage, as descent is in a writ of right. Ingham. Respectu computi Vicecomitis habendo, is a writ for the respiting of a Shyreeves account upon just occasion, directed to the Treasurer and Barons of the Exchequer. Register fol. 139 & 179. Respite of homage (respectus homagii) is the forbearing of homage, which ought first of all to be performed by the Tenent, 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 respited, until the Prince may be at leisure to take it in person. Responsions (responsiones) seems to be a word used properly and especially by the Knights of S. John of Jerusalem, 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 atturnatum, 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 Tenent, and responsalis came for the Tenent, 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 codem cap. 13. in fine. See Attorney. This word is used in the Canon law, Et significat procuratorem vel cum 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 orig. 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 Escheator of the County, the form whereof you have in the Regist. orig. fol. 294. and in Fitzb. 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. See Brook titu. 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 Reattachment, & 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, titule Repetance, & 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, an. 1 R. 2. ca 7. These were taken by the 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 1 R. 2. cap. 7. upon pain of imprisonment, and grievous forfeiture to the King: and again, anno 16 ejusd. cap. 4. & anno 20 ejusdem, cap. 1. & 2. and anno prim. 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 fee forever; 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 further confirmed and explained, anno 2 H. 4. cap. 21. et an. 7 ejusd. cap. 14. & anno 13. ejusd. cap. 3. et 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 further to extend the meaning of them, as appeareth 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 least better execution of those, that be already made. These be by the Feudists called (assidati.) Sic enim dicuntur, qui in alicujus fidem et. tutelam recepti sunt. Neapol. constitu. lib. 3. titulo 7. And as our retainers are here forbidden: so are those (affidats) in other countries. Retraxit, is an exception against one that formerly commenced an action, and withdrew it, or was non-sute before trial. Brook, titulo, Departure in despite, & Retraxit, fol. 216. See also the new book of Entries: verbo departer, & verbo retraxit. Return (returna) cometh of the French (retour, i. reditio, reversio, recursus) and in our common Law, hath two particular applications, as namely the teturn 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 et Clericos, with divers others, collected by Rastal, titulo Return of Shyreeves. So is the return of an Office, Stawnf. praerog. 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. et anno 32 H. 8. cap. 21. And in this signification Hilary Term is said to have four returns, viz. Octabis Hilarii, Quindena Hilarit, crastine Purificationis, Octabis Purificaticnis: and Easter Term to have 5. returns viz. Quindena Pascha, Tres paschae, Mense paschae, Quinque paschae, et crastino Ascensionis; And Trinity Term 4. returns, i. Crastino Trinitatis, Octabis Trinitatis Quindena Trinitatis, Tres Trinitatis; And Micha●lmus Term 8. returns, sc. Octabis Michaelis, Quindena Michaelis, Tres Michaelis, Mense Michaelis, Crastine animarum, Crastino Martini, Octabis Martini, Quindena Martini. The other application of this word is in case of Replevy. For if a man distrain for rent, etc. And afterward justify or avow his act, that it be found lawful, the before delivered unto him that was distrained upon security given to follow the action, shall now be returned to him that distrained them. Brook, titulo Return d'avers et hommes, fol. 218. you shall find this word often used in Fitzherb. 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 , and proved his distress to be lawfully taken for the return of the distrained unto him, which before were replevied by the party distrained, upon surety given to pursue the action. Terms of law, verbo Replevin, Returnum averiorum, is a writ judicial, granted to one impleaded for taking the of another, and unjust detaining of them centra vadium et plegies, and appearing upon summons is dismissed without day, by reason that the Plaintiff maketh default, and it lieth for the return of the 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 Shyreeve, for the final restitution or return of 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 Regist. judicial fol. 27. a. b. Reve, altàs Greve (Prafectus) is made of Geresa the Saxon word for a Governor. Lamb. explica: of Saxon words, verbo Prafectus, 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 Manor, and especially in the West parts. Of this you may see Kitchen, fol. 43. See Greve See Shyreeve. 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 experg●fieri) 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, & be at rest. In the King's house there is an officer called the Master of these Reves, who hath the ordering, and dispositions of these pastimes in the Court. Revenewe, is a French word, signifying as much as Reditio, Reversio, Reditus. It signifieth properly the yearly rent that groweth to every man form 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, Littleton fol. 12. 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. q. What this word Reversion in a deed doth carry, See Littleton, lib. 2. cap. 12. Revocation (Revocatio) is the calling back of a thing granted. Of these you have divers in the Register original, as Revocationem brevis de audiendo et terminando. fol. 124. Revocationem praesentationis, fol. 304, et 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 than if a man, or other living creature should be dead, and restored to life. See divers examples in Brook, titulo, Revivings of rents, action, etc. fol. 223. Rewardum. See Regard. Reweye anno 43 Blizab. cap. 10. RI Rye, is a Saxon word signifying as much as Regnum in Latin, Camd. Britan. Pag. 346. Reins pass per le fait, is a form of an exception taken in same cases to an action. See Brook 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, were not impanelled therein. But it is abrogated by the Statute, An. 7 H. 7. cap. 4. Rier county (Retrocomitatus) seemeth to come of the French (Arriere, i. posterior) and in the Statute, Anno 2. Edwar. 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 Shyreeve appointeth for the receipt of the King's money after the end of his County. Fleta saith, that it is diet crastinus post comitatum, li. 2. cap. 67. R. Quia justiciurii. 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. Cambd. Britan, pag. 530. This word is mentioned in the Statute, anno 22 H. 8. cap. 5, & 23 H 8. cap. 18. and M. West. parte 2. symbol. titulo Inditements saith, that in Inditements within that County, it is requisite that the town, and the Riding be expresed, 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, i. 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. parte 2. symbol. titulo, Inditements, sect. 65. P. The differences and agreements between a Riot, Rout, and unlawful assembly, See in M. Lamb. Eirenarcha. lib. 2. cap. 5. etc. See the Statute 1 M. 1. ca 12. et Kitchen, fol. 19 who giveth these examples of Riots: the breach of enclosures, or banks, or conducts, parks, pounds, houses, barns, the burning or stacks of corn. Mr. Lamberd ubi supra, useth these examples: to beat a man, to enter upon a possession forcibly. See Ront, 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 foods 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 RO Roag (rogus) seemeth to come of the French (Rogu, i. arrogans) It signifieth with us an idle sturdy beggar, that wand'ring 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 thorough the griselda of the right ear with an hot iron an inch in compass: and 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 Eliz. cap. 5. & 18 ejusdem, cap. 3. & anno 36. cap. 17. If you will know who be Rogues, and to be punished as Rogues by law, read lambert's Eirenarcha, lib. 4 cap. 4. See Rout. Robbery (robaria) cometh of the French (Rob, i. 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. parte 2. Jymbol. titulo Inditements, sect. 60. This is sometime called violent theft, Idem, eodem, which is felony for two pence. Kitchen, fol. 16. and 22. lib. Assis. 39 Robaria is a word also used in other Nations, as appeareth by the annotations upon Mathaeus de afflictis, descis. 82. num. 6. pag. 122. See Skene verbo Reif. libro de verbo. significat. See Cromp. Justice of peace, f. 30. b. Roberdsmen, an. 5 Ed. 3. cap. 14. & anno 7 R. 2. cap. 5. M. Lamb. interpreteth them to be mighty thiefs. Eirenarch. li. 2. cap. 6. pag. 90. Rodknights, aliâs Radknights, are certain servitors, which hold their land by serving their Lord on Horseback. Bracton li. 2. ca 36. num. 6. saith of them, debet equitars cum Domino sus de manerio in manerium, vel cum Domint uxore. Flo a lib. 3. cap. 14. § Continetus. Red (Pertica) is otherwise called a Perch, and is a measure of sixteen foot and an half long, and in Stafford-shire 20 foot, to measure land with. See Perch. Rose tile, alias 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. Anno 5 Eliza. cap. 5. See Perch. Roll, alias 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 Stawnfplees 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. prim. 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 Edward 3. to the keeping of the rolls, or records of the Chancery, situate between the two Temples in London, Cambden 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 Matthaeus Westmonasteriensis, consuetudo Apostolica, à qua neque Re●, neque Archiepiscopus, vel Episcopus, Abbas, vel Prior, aut quilibet inregno immunis erat: and was first granted by Offa a Saxon King. Camden. Britan. pag. 6. See Peter pence: and Roger Hoveden part poster, suorum annalium, fol. 34 i a. in Hen. secundo. Roundlet, is a certain measure of Wine, Oil, etc. containing 18 gallons and an half, anno 1 R. 3. cap. 13. Rout (routá) is a French word signifying a company or flock: as (une grande route de gents on de cerfs, i. grex hominum, longa servorum series) It signifieth in our Common law, an Assembly of three persons or more, going on about forcibly to commit an unlawful act, but yet do it not, Westm. parte 2. symb. titule Indictments, sect. 65. O. M. Lamberd thus saith of it: A Rout is the same, which the Germans yet call Rotsie, meaning a bond 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 Town-ship 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 Instices, or in any affray of the people, and the Statute of 2 Richard 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 they meeting. Brook 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 unquietted, and feared by the fact, or the lighter sort, and busy bodies, emboldened by the example. Thus far M. Lamberd in his Eirenarcha, libre 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, fo. 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 Dean and Chapter. Which given, than he sendeth-an especial Writ to some person for the taking of fealty. The form of which Writ you may see in Fitzh. na. br. f. 170. C. And also to a Bill passed by both the houses of Parliament, Cromptons' Jurisd. folio 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 avisera, i. the King will yet think of it. See Parliament. Royalties (Regalia vel regalitates) be the rights of the King, jura Regis. Hotoman in verbis feudalibus, 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 persons, some so high, as may not be separated from his own Crown privatiuè, as the Civilians term it, though dumulatiuè 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 writ 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. Rougecrosse. See Herald. RU Rudge washed Kersey, i. made of fleece wool washed only on the sheep's back, Anno 35 Eliz. cap. 10. SA SAbles, See Fur. Sac (Sacba vel Sacca) is a Royalty or privilege touching plea, and correction of trespasses of men within a Manor. Rastal, titulo Exposition of words: where he addeth this reason: because (saith he) Sac in English is (Encheson) in French: as to say, for sick sack, pur quel encheson, i. for what hurt. That which our Common Lawyers call (encheason) the true French man termeth (Achoise, i. occasionem) as (Achoise fort grande, 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. lib. pri. cap. 23. but neither of them both do particularly interpret it. Bractors words he these, lib. 3. tract. 2. cap. 8. vel si sit aliquis qui de concessione Domins Regis talem habcat libertatem (sicut sock et sack, Tolnetum, Team, Infangthefe, et Hutfanghhefe) qui inventus fuerit seisitus de aliquo satrocinio, sicut Hondhabende et Backberend, tales habent regalem potestatem: et unde qui tales libertates habent, habebunt prisonam suam de talibus, quia possunt tales in Curia suae judicare. Of the which matter he speaketh also in lib. 2. cap. 24. nu. 2, & 3. and again lib. 3. traect. 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 Rastol ubi supra, fol. 132 M. Cambden in his Britan. pag. 415. speaking of L●ncoln: hath these words: Edward Confessore regnante, erant (ex censuali libro loquor) 1070. mansiones hospitalae, et áucd-cim Legemam habentes socan et sacam. To all these add Bracton, lib. 2. ca 5. where he writeth thus. Sunt et aliae res quasi sacrae, quae personam Regis respiciunt, et aliquando transferri non p ssunt, xisi Justiciariis Domini Regis, sicut visus Franciplegii, placita de vetito mannio, emendatio transgressionis Assis●rum, Iua●cium latronum, sicnt de illis qui habent sock et sack et hujusmodi omnia, quae pertinent ad pacem, et per conser quexs ad Coronam. I am informed, that the word (sack) in the Saxon tongue doth properly signify so much as (causa) with the Latin's: whence we in English have the word (sake) as (for whose sake) M. Skene de verb. signif. verbo, Sack, writeth thus. In some old books it is called placitum et emenda de transgressione hominum in Curia Nostra. In the Laws of King Edward set forth by Master Lamberd, fol. 132 it is written (Sacha) Sacha autem est, si quilibet altquem nominatim de aliquo collumniatus fuerit, et il le negaverit, forisfactura probationis, vel negationis (sievenerit) 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, et Hundredum, lib. 1. ca 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 Roger Hoveden part poster. suorum annalium fol 345. Sacchius cum breckia, 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. lib. 2. cap. 16. n. 6. Sack of Wool (saccus lanae is a quantity of wool, that containeth 26. stone; and a stone, fourteen pounds, anno 14 Edw. 3. stat. 1. cap. 21. See Sarplar. Sacramento recipiendo, quod 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 coin, with another of Blanes of eight pence a piece, was current in those places of France, where King Henry was obeyed. Stows Aunals, pag. 589. Safe pledge (Salvus plegius) is a surety given for a man's appearance against a day assigned Beacton lib. 4. cap. 2. nu. 2. where it is also called certus plegius. Sailing ware, anno prim. R. 3. cap. 8. Sak. See Sac. Sakeber, in Britton cap. 15. et 29. seemeth to be he that is rob; or by theft deprived of his goods: with whom Bracton also agreeth, lib. 3. tracta. 2. cap. 32. nu. 2. in these words: Fartum vero manifestum est, ubi latro deprehensus sit seisitus de aliquo latrocino se. Hondbabende, et Backberend, et insecutus fuerit per al●quem, cujus res illa fucrit, qui dicitur Sacaburthe, etc. or Sathaber, as Stanford calleth it pl. cor. lib. pri. cap. 21. The interpretation of this word I find not. Only M. Skene de verbo. interpretatio ne. verbo. (Sacreborgh) thinketh it should rather be written. Sackerborgh, of (Sacker, 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 pursuer to oblige, or bind himself into the hands of the Officer, or before a Iudge competent with Sicker Borg, or sure caution, that he will pursue 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 pursue. Sycker is also an old English word, signifying as much as sure, secure, or certain, and see borrow. Salet, is a head-piece, anno 4, et 5. Phil. et 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. Rich. 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 foanded 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 treatise 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, and he after them called Asylum, Polydore: Virg: de inventione rerum, li. 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 adstatuas consugium: as also the Churches: codem titulo 12. De iis qui ad ecclesias confugiunt, etc. But among all other nations, our anci-ne 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 Hen. 8 cap. 13. et anno 28 ejusdem, cap. 7. et anno 32 ejusd. cap. 12. et anno 33 ejudsem, cap. 15. et anno pri. Ed. 6. cap. 12. et anno 2 ejusdem, cap. 2. et cap. 33. et anno 5 ejusdem, 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 sat homini. The word you have, anno 23 Ed. 3. cap. pri. Salmon pipe, anno 25 H. 8. cap. 7. is an engine to catch Salmon, and such like Fish. Sandal, anno 2 Rch. 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. Sarkling time, or time of sarcling. Seemeth to be all one with hay seel. Or the time when the Country man weedeth his Corn. And it proceedeth from the Latin sarculore, to rake or weed. Or from the French (Sarcler) which hath all one signification. Sarplar, (sarpleralana) is a quantity of Wool. This in Scotland is called Serpliathe and containeth fourscore stone, for the Lords of the Council in anno 1527. decreed four Serpliathes of packed wool to contain sixteenscore stone of wool, by the traffic of Merchants now used. The Merchant's use to fraught for their goods to Flanders by the Sack; to France, Spain, and England, by the Tun, and to Danken, and the Eastern Seas, by the Serpliath. Skene de verborum significatione, verbo Serpliat e, with us England a load of wool (as I have been informed) consisteth of eighty Todde, each Todde consisting of two stone, and each stone of fourteen pound And that a Sack of wool is in common account equal with a Load: and a Sarplar (otherwise called a pocket) is half a Sack. Further that a pack of wool is a Horse load, which consisteth of seventeen 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 two of those pence make an ounce, and twelve ounces a pound in weight, or twenty shillings in number, and that eight pound of Wheat maketh a jallon, or a gallon as we now call it, and eight gallons a bushel, and eight bushels a common quarter. Also that fifteen ounces of the quantity aforesaid do make a Mérchants' pound. And that 12. such pounds and a half, make a stone, and that fourteen stone make a weigh, and that two weighs or twenty eight 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. Saunkefin, is a phrase used by Britten, cap. 119. for the determination or final end of the lineal race, or descent of a kindred. It seemeth to come from the French (Sorg, 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, verb. Saver de default. Saulf 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 ejusdem, cap. 18. & anno 28 Hen. 8. cap. pri. The form of this see in the Register original, fol. 25. SC Stawnford, was a man very learned in the Common laws of the Land, wherein he wrote two 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 Marics days a Judge, and knighted. Scandalum Magnatum, is the especial name of a wrong done to any high personage 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 house, Justice, of one bench or of the other, and other great Officers of the Realm, by false news: or horrible and 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 toll, or custom exacted by Majors, Shyreeves, and Bailiffs of Cities, and Borough Towns, of Merchants for wares shown to be sold within their Precincts which is forbidden by the Statute, anno 19 Hen. 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. Verstigan in his restitution of decayed Intelligences litera S. Scire facias, is 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 Habere facias seisinam. West. part. 2. symb. litulo fines, sect. 137 See anno 25 Edwardi 3. sta. 5. cab. 2. v. anno 39 Elizabeth cap 7. The Register original and judicial also in the Table showeth many other diversities of this writ, which read. See also the new bock of Entries, verb. Scire facias. Scyra. Cambd. Britan. pag. 103. & 544. See Shire. Scot seemeth to come of the French (escot, i. symbolum) Rastal saith it is a certain custom, or common tallage made to the use of the Shyreeve, 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. Cambden out of Matthew of Westm.) illud dicitur, quod ex diversis rebus in unum aceru. 'em aggregatur. In the Laws of William the Conqueror, set forth by M. Lamberd: fol. 125. you have these words. Et omnis Francigena, qui temp●re Edwardi propinqui nostri fuit in Anglia, particeps consuetudinum Anglorum, quod dicunt ave hlote & have scote persolvantur secundum legem Anglorum. Scot and Lot anno 33 H. 8. cap. 19 signifieth a customary tontribution laid upon all subjects after their hability. Roger Hoveden writeth it Anlote & Anscote, in principio Henrici secundi. Scotall (scotalla) is a word used in the Charter of the Forest, c. 7. in these words, as Pupilla ceuli hath them, part 5. cap. 22. Nullus Forestarius vel Bedellus, facrat 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 Ale house within the Forest, by colour of his Office, causing men to come to his house, and there to spend their money, for scar of having displeasure. It seemeth to be compounded of Scot and Ale. Scutagio habendo, is a writ that lieth for the King and other Lord against the Terent, that holdeth by Knight's service, (wherein homage, sealty 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 Fitz. 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, fol. 88 a. SE Sealer (Stgillator) is an Officer in Chancery, whose duty is to seal the Writs and Instruments there made. Scene fish, anno 1 Jacob. ses. 1. ca 25. Scene fish, tbidem, 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 replevied adjudged to him that distreined them, by reason of a default in the party that replevied, for the replevying of the same 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. num 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. bre. 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. orig. fol. 177. a. Secta mosendivi, 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 original, fol. 153. Fitzh, vat. br. 122. But it seemeth by him, that his writ lieth especially for the Lord against this 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 Balduinus ad titulum de servitutibus praediorum, in Institut. hath these words: Bannalis mola novae & barbarae servitutis species est, qua hodie passim rustici cogunt ur una mola, quam bannalem vocamus, unoque furno uti ad quaestum Deasini, qui fortasse praeest jurisdictioni ejus pagi. Sectam proffer, est testimonium legalium 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 fee to be performed, being by his fee bound thereunto. Bracton lib. 2. cap. 16. num. 6. Secta unica tantum facienda propluribus haereditatibus, is a Writ that lieth for that Heir that is distreined by the Lord to more suits than one, in respect of the Land of divers Heirs descended unto him. Register original folio 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 this writ, eodem, fol. 174. touching women that for their Dower ought not to perform sure of Court. Secunda superoneratione pasturae, is a writ that lieth, where measurement of pasture hath been made, and he that first surcharged the common, doth again furcharge it, the measurement notwithstanding. Register original, foe 157. Old nat. br. fol. 73. secundary, (secundarius) is the name of an Officer next unto the chief Officer: as the Secundary of the fine Office: the Secundary of the Counter: which is (as I take it) next to the Shyreeve in London in each of the two Counters. Secundary of the Office of the privy seal, anno 1 Ed. 4. cap. 1. Secundaries of the Pipe two: Secundary to the remembrancers, two, which be Officers in the Exchequer. Camden, pag. 113. Securitatem inveniendi, quòd se non divertat ad partes exteras sine 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 Shyreeve: whereof the form and farther use you may see in the Register orig. fo. 88 b. and Fitz. nat. brev. fo. 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 inevitable. As Stawnford saith in his pleas of the Crown, lib. 1. cap. 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 Manor, even as (Dominus) or (signior) among the Feudists, is he, who granteth a fee or benefit out of the 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 manor, 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. Seignory (Dominium) is borrowed of the French (signory, i. ditio, dominatus, Imperium, principatus, potentatus.) It signifieth peculiarly with us, a Manor, or Lordship. Seignory de soak man's. Kitchen fol. 80. Seignory in gross, seemeth to be the Title of him that is not Lord by means of any Manor, 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, manor, etc. Kitchtn, 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. singulo. 865. Seisire est etiam possessionem tradere. Tiraquellas' 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, & the claim, whereof no man may disseise him by his own force or subtlety, but must be driven to his action. §. Bref de novel 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 delivety of seisin to the Lord, of his Land, or Tenements, that formerly was couvicted of felony, after the King in the right of his Prerogative, hath had the year, day, and waste. Reg. orig. fol. 165. a. Selion (selio) is borrowed of the French (sello, 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 sometime containeth half an Acre, sometime more, and sometime less. West. parte 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 Scal, i servus, aut officialis, and (Gesnid, i. familia) we English it a Steward. As the high Seneschal, or Steward of England: pl. cor. fo. 152. High Seneschal or steward, and South Seneschal or Understeward, Kitchen fol. 83. is understood for a steward, or understeward of Courts. Seneshat 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 cognizance of any action in their Court, that concerneth either Freehold, debt, or Covenant. Register original, 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 Jac cap. 19 Septuagesima, is a Sunday certain, and always the third Sabbath before Shrove sunday, 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. Sequitur sub suo periculo, is a writ, that lieth, where a summons adwarrantizandum is awarded, and the Sheriff 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 chattels of one deceased, whose estate no man will meddle with. Dyer fol. 232. num. 5. & fol. 256. num. 8. & fol. 160. num. 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 seqnestration 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. Register judicial, fol. 36. a. Sergeants (servians) cometh of the French (sergeant, i. satelles, accensus) a man of the Guard, a kind of Soldier, so called, because he was sepè accitus ad res necessarias in exercitu peragendas. Calepin. M. Skene de verb. signif. verb. Sergeant, hath these words: Sergeant cometh from Sergeant quae est vox composita de (Serrer) quod est, inclndere, & gent. quod pro gente, populo vel plebe usurpatur. Itaque Serjandus disitur, qui jussu magistratus, quemlibet de populo reum crimints in carcerem corjicit, seu includit. This word Sergeant is diversely 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 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 pleas) 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. li. 3. ca pri. And of these there may be more if it so please the King. This is called in other Kingdoms, Advocatus 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 Britton for an Officer belonging to the County: who in his first Chapter speaking of Appeals made before the Coroner, 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 County, 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 Servientem Hundredi: of whom he hath these words: Post probationem defaltae, faciet serviens Hundredi 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 appeareth 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. cap. 28. Of the King's Sergeant, who is like to be also an Officer in the County, in these words: speaking of a woman ravished, and what she ought to do for the pursuit of the Ravisher, & sic ire debet ad prepositum Hundredi, & ad servientem Domini R●gis, & ad coronatores, & ad Vicecomitem & ad primum comitatum faciat appellum suum. And again eod. l. c. 32. in these words, & si sine secta cognoverit se inde esse latronem coram vicecomite, vel coronatore, vel serviente Domini Regis, etc. And again, lib. 5. tract. 3. cap. 4. num. 8. in these words: Quid si servien; Domini Regis dederit partibus diem ad Comitatum, etc. And by Fleta it seemeth that this Term was general to the Shyreeve, Coroner, and Bailiffs of Counties, who in his sixth book. cap. 3. § 1. hath these words: Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse, tunc ense hoc Vicecomiti, statim praecipiat ballivo Hundredi, vel iteneranti, vel alteri servienti Regis, quòd assumptis sibi l beris, & legalibus hominibus de viceneto 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 serviens manerii. Coke, Vol. 4. Copyhold cases, fol. 21 a. Then is there a Sergeant at arms (serviens ad arma) whose Office is to attend the person of the King. An. 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. car. 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 Parliament. 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 their 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. Symb. 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 cap. 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 mesnial attendance, and matter of Justice. Kitchen, fol. 143. And these are called Serviontes ad clavam. New book of Entries, ver. scire facias: in Mainperners, fol. 538. cap. 3. Sergeantie (Serriantia) cometh of the French (Sergeant, i. satelles) and signifieth in our Common law, as service due to the King from his Tenent 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 Bra. l. 2. c. 16. etc. 37. n. 5.4. et Brit. c. 66. n. 1. et 2. See Servies. M. Skene de ver. signif. calleth this Sergeantery, defining and dividing it as we do in England. Servientihus. as certain writs touching servants, and their Masters violating the statutes made against their abuses, which see in the Regist. orig, foe 189. et 190, et 191. Service (servitium) though it have a general signification of duty toward them unto whom we own the performance of any corporal labour of function: yet more especially in our Common law, it is used for that service, which the Tenent by reason of his fee, oweth unto his Lord. And so doth it signify among the Feudists also. For Hotoman thus defineth it. Servitium est munus obsequit clientelaris. verbo Servitium. De verbis feudal. or rather declareth it so to be defined, lib. feud. 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either military, and noble, commonly called Knights service: or clownish and base, commonly called Soccage, of both which read Chiry, as also scecage. And Bracton lib. 2. ca 16. Service is divided by Britton into personal and real. cap. 66. where he maketh wards, marriages, homage, Reliefs, 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 servitium in intrinsecum, & extrinsecum aliâs forinsecum, & medium. Servitium intrinsecum is that, which is due to the capital Lord of the Mannro, 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 servitium, quod fit Domino capitali. See Foreign service. Of this read him ubi supra, more at large, and Fleta, lib. 2. cap. 14. §. Continetur. Servitia quae nec intrinseca necforinseca sunt. Bract. handleth in the same Chapter nu. 8. saying thus: sunt etiam quaedam consuetudines, quae nec dicuntur intriasecae, nec forinsecae: sed sunt quaed in servitia concomitantia, sicut servitia regalia, & militaria, & etiambemagia: & adeo in cbartis non sunt exprimendae. Quia si homagium praecesseris, et regale servitium sequitur exinde quod ad capitalem Dominum pertinebit Relivium, et custodia, et maritagium, sive servitium sit militare, vel seriantia propter exerci●um, 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 villeinous service: the one Bracton calleth (liberum servitium) the other (servitium villanum) or (villenagium) lib. 2. cap. 8. num. pri. This villenagium is Soccage in base tenure, as to dung the Lords ground, to serve him so many days in harvest, to plash his hedges, etc. or else copyhold. All other services seem to be frank. Service consiste●h 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 sormer is the seisin of rent, and of the other, seisin of Relief. Sir Edward Coke Reports, lib. 4. Bevils' case, fol. 9 a. See Copy hold. See Soccage. See Aid. Service secular, anno 1 Ed. 4. cap. 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 messenger; of the Marshal belong-to the King's Bench, as were sent abroad with Bills, or Writs to summon men to that Court, being now more ordinarily called Tipstaffs. Servitiis acquietandis, is a Writ judicial, that lieth for one distreined for services by john, which oweth and performeth to Robert, for the acquital of such services, Register judicial, fol. 27. a. et 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, an. 5 Elizabeth 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 Eliz. cap. 4. in fine. Sessour, an. 25 Ed. 3. cap. 6. seemeth to signify so much as assessing or rating of Wages at this day. Set , anno 27 Hen. 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, an. 1 jac. 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 nonsute, here severance is permitted; so that, notwithstanding the nonsute of the one, the other may severally proceed. Fitzherbert natura brevium, fol. 78. l. K. Of this see Brook, titulo Severance and 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, fol. 81. col. 4. And severance in Attaints, eod. fo. 95. col. 2. And severance in Debt, verbo debt. fol. 220. col. 1. see the said Book, verbo Severance. Seneral 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 ibid. 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. 273. Sevantly woven, anno, 35. Eliza. cap. 10. Sewer, hath two significations with us, one applied to him that issueth or cometh in before the meat of the King, or other great personage, 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 seed of stat. an. 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) some time used in these commissions for these drains, is a competent reason of this conjecture: See Fitz. nat. brev. 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. c. 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. should Shanck. See Fur. Share. See Flotzon. Showing is to be quit of Attachment in any Court, and before whomsoever in plaints showed and not avowed. New exposition of law terms, verbo, Showing. See Scavage. Shipper, An. 1 jac. ses. 1. cap. 33. is is a Dutch word signifying the Master of the ship. Shire (Comitatus, shyra) is a Saxon word, signifying Satrapian, of the verb (scyran, 1. partiri.) Lamberd, in his explication of Saxon words, verbo Centuaria. The word is in use so rife, that every Child understandeth it. Who first thus divided this land into shires, appeareth by M. cambden's Britan. pag. 102. in these words. Nec dum tamen florente Hepterchia, Anglia it a in Comitatus divisa, (sic enim vulgò vocant) sed pestea, cum solus aluredus rerum potiretur. enim Germani majores nostri, teste Tacito, jura per pagos vicosque reddebant, et centeni ex plebe comites adrem admistrandam adjungebantur: sic ille (ut ingulfis Croulandenfis verbis utar) pr mus Angliam in Comitatus divisit, qued indiginae rapinas committerent exemplo et colore Danorum. Comitatus porro in Centurias, i Hundreds, et Decimas, i tithings, distribui fecit: praecipitque ut omnis indigena in aliqua esset Centuria, & Decima. Praefectos etiam provinciarum, qui antea Vicedomini vocabantur, in duo officia diutsit, viz. judices, nunc justiciarios, & Vicecomites, qui adhue idem nomen retinent. See the rest. Shereeve (Vicecomes) is compounded of these Saxon words (Scyre, i. satrapia) and (Reeve, 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. Cambden. pag. 104. Thus describeth his Office, Singulis verò annis, nobilis aliquis ex incolis praeficitur, quem Vicecomitem, quasi vicarium comitis, & nostrâ linguâ Shyref, i. Comitatus praepositum vocamus: qui etiam comitatus, vel provinciae Quaestor rectè dici potest. Ejus enim est Publicas pecunias provinciae suae conquirere, mulctas, irrogatas, vel pignoribus ablat is eolligere, & aerario inferrae, judicibus praesto adesse, & eorum mandata ex●qui, duodecim viros cogere, qui in causis de facto cognoscunt, et ad judices referunt (judices enim apud nos, juris solum, non facti sunt judices) condemnatos ad supplicium ducere, & in minoribus litibus cognoscere, in majoribus autcm jus dicunt justiciarii, quos itinerantes ad Assisas vocant, qui quotannis hos Comitatus, bis adeunt, ut de causis cognoscant, et ad carceratis sententiam ferant. Henricus secundus hos itinerantes instituit, vel potius restituit. Ille (ut inquit Mathaeus Parisiensis) consilio filii sui et Episcoporum constituit justiciarios, per sex paertes regni, in qualibet parts tres, qui jurarent quod cuilibet jus suum conservarent illaesum. Of the antiquity and authority of this Officer, read Sir Edward's Cooks Reports, lib. 4. Mittens Case. The manner of appointing these Sheriffs 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 Custumary, 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 Shyreeves oath, see in the Register original, fol. 331. b. Of this read Master Skene de verborum significat. verbo Shyreeve: where he largely describeth the Office of the Shyreeve in Scotland. in a discourse worth the reading. Shyreeveweke of Winchester and of Essex, anno 21 R. 2. ca 10 et 11. Sbire Clerk, seemeth to be the Undershyreeve. anno 11 H. 7. cap. 15. It is used sometime for a Clerk in the County-Court, Deputy to the Undershyreeve. See Sir Edward Cooks 4 books of Reports in Mittens case. Shire mote. See Turn. Shorling, and Morling seem to be words to distinguish Fells of sheep: as if Shorling should signify the Fels after the Fleeces be shorn off the sheep's back, and Morling the Fels flean off after they be killed or die alone. Anno 3 Edward. quart. cap. prim. et anno 4 ejusdem, capit. tertio, et anno 12 ejusdem, cap. 5. et anno 14 ejusdem, cap. 3. Shot, cometh of the Saxon word, sceate, signifying pecuniam aut vectigal. Lamberds explication of Saxon words, verbo Primitiae. Shr of metal. SI Siout aliâs, is a Writ sent out in the second place, whereas the first sped not. Cook libro quarto, folio 55. b. It is so called of these word expressed in it. For example, lacobus Dci grati●, etc. Vicecomiti Kant salutem: Praeci●imus tibi (sicut alt s●praecepimu●) quod non omi●tas propter aliquam lib●rtatem in B●lliva●na, quin caming rediaris, et Capias. A.B.d. C. in Comitatu ●uo Labourer, etc. as in the first Capias, Lamb. in his tractate of Processes in the end of his Eirenarcht. Sidemen, aliâs Questmen be those that are yearly chosen, according to the custom of every Parish, to assist the Church-warddens in the inquiry and presenting such offenders to the Ordinary, as are punishable in the Court Christian. Significavit is a writ de ex communicato sapiendo, 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 excommunicate capiendo) which have relation to the Certificate, sent into the Chancery by the Ecclesiastical Judge. There is also another writ within the Regist. orig. of this name, fol. 7. a. directed to the Justice of the Bench, willing them to stay any suit depending between such and such, by reason of any excommunication alleged against the Plaintiff: because the sentence of the Ordinary that did excommunicate him, is appealed from, and the Appeal yet hangeth undecided, Which see: and see Fitzher. nat. br. De excommunicato capiendo, fol. 62. N. but especially 66. A. where you may find writs of this name in other cases. Sine assensu 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. Fitz. 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. brev. fol. 185. & 111. C. and Register origin. fol. 202, 206. & 124. Sirecognescant, is a writ that lieth for a Creditor against his Debtor for money numbered, that hath before the Shyreeve in County Court, acknowledged himself to owe unto his Creditor such a sum received of him in number at is pecuniis. The form of the writ is this: Rex Vicecomiti salutem Praec. tibi quodsi A. recognosca● se debere R. 40. solid sine ulteriori dilatione, tunc ipsum dist●ing as ad praedictum debitum eidem R. sine disatione reddendum. Teste, etc. Old nat. brev. fol. 68 SK Skawe, anno 4 Ed. 4. cap. 1. Skyvinag●, anno 27 H. 6. cap. 2. a proper name, signifying the precincts of Caleis. SLIGHTALL Sluse (exclusa) is a frame to keep, or let water out of a ground. SO Soc (soca) is 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 & Thian, Infangthefe, & Vtfangthefe, & isti possunt judicare in Curia sua, eum qui inventus fueris insra libertatem suam seisitus de aliquo latrocinio manifesto. et 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 fi aliquis querit aliquid in terra sua, etiam furtum, sua est Justicia, si inventum fuerit, an non. Saxon in the Description of Britain, 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 feoffments, which in sundry old Books containing the municipal Law of this Realm, is called Secta de hominibus suis in curia, secundum consuetudinem Regni. So after my opinion he that is inscoffed with Sok (which now we call Soit (but we in England Suit) hath power to hold Courts within his own Barony, in which, hemines sui should give Soit. Thus far M. Skene. Of this Fleta hath these words. In hujusmodi vero maneriis (speaking of the King's Manors) erant olim liberi homines libere tenentes, quorum quidam cum per potentiores è tenemintis suis ejecti fuerant, & eadem postmodum in villenagium tenenda resumpserunt: & quia hujusmodi tenentes cultores Regis esse dinoscuntur, eye provisa fuit quies nesectas facerent ad Comitatus vel Hundredos, vel ad aliquas inquisitiones, Assisas vel Juratas, nisi in Manerio tantùm, aum tamen proterra, quorum congregationem tunc socam appellarunt; & hinc est quèd Socmanni hodie dicuntur esse. A soco enim derivantur, quorum tenementa sunt villenagium domini privilegiatum, & ideo dicuntur glebae aserlptitii, eo quod ab hujusmedi glebis amovers non deberent, quamdiu solverent debitas pensiones: nec compelli poterunt ad hujusmodi tenementa tenenda contra suas voluntates, eò quòdcorpora jua sunt libera. Nec obstabit longa servitutis possessio ad libertatem extingnendam, quamvis ad merchetum sanguinis su● compulsus fuorit quis pro tenemento reddendo. Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere, non magis quàm liberum tenementum potest servum in liber tatem, 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 Manor or Liberty: wherefore he that hath Soc, may seem to have such a Manor, such Tenants, and such a liberty, belonging to his Manor 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 Thiefs and stolen goods within a Manor or Fee, and to do justice upon such inquisition; others, that it is a liberty only to have suitors to his Court; others, 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 exempted 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 sok n. 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 hubandry services to be performed to the Lord of the Fee. See Institutes of Common law, 31. As I have showed in (Chivalry) all services due for land, is either Knights-service, or soccage. So then, whatsoever is not Knights service, is soccage: Bracton in his second book, ca 35. nu pri, describeth it thus. Dici poterit soccagium a Soeco, & inde tenentes qui tenent in Sockagio, Sockmanni dici poterunt, eo quod deputati sunt, ut videtur, tamtummodo ad culturam, et quorum custodia, & maritagia ad propinquiores parentes jure sanguinis pertinebit. Et si aliquando inde de facto capiatur homagium, quòd plures contingit, non tamen habebit propter hoc dominus capitalis custodiam, & maritag. Quia non semper sequitur homagium, licet aliquande sequatur. M. Skene deverb. signif. verb. Socmannia, saith, that Soccage 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 blenshe ferme, five nomine alba firmae, & opponitur militi, qui tenet per servitium 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 villainage, The former is there thus defined. Soccagium liberum est, ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium 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. nn. 9 etc. unde si tantum in denariis et sine scutagio vel seriantiis, vel si ad duo teneatur sub disjunctione, sc. adcertam rem dandam pro omni servitio, vel aliquam summam in denariis, id tenementum potest dici Soccagium: si autem superaddas Scutagium, aut servitium regale, licet ad unum obulum vel seriantiam, illud poterit dici foudum militare. This free Socage, is also called common Socage, anno 37 H. 8. cap. 20. Socage in base tenure, or villanum Soccagium, is divided again in villanum Soccagium, et purum villenagium: Villanum Soccagium est illud, de quo fit certum servitium, idque ratione sui tenementi, non personae suae. Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum, abi scirt non poterit vospere, quale servitium fieri debet mane. viz. ubi quis facere tenet us quicqui: ei praceptum fuerit. Bracton lib. 2. cap. 8. num. 3. The oldna. br. fol. 94. maketh three parts of this division. viz. Socage 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 sued, but the Writ of Right, that is called secundum consuetudinem manerii. Soccage of base tenure is of those that hold in Socage, 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. Socage in chief or in capite, is that which holdeth of the king, as of his Crown. Fraerog. 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 Socage, see Burgages. Sockmins (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. 8●. 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. nat. br. fol. 14. B. Brit. c. 66. n. 2. Soak, anno 32 H. 8. cap. 15. & cap. 20. Of this Fleta saith thus, Soak significat libertatem curiae tenentium quam socam appellamus. l. 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, Regiorig. fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soak, or Soken, Fleta, lib. 2. ca 55. in principio. Sole tenens (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 dyeth not sole tenant. Kitch. fol. 134. Solicitur (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 Councillors, as the case may require. Solet et debit. 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 jas) or ciatio) among the Civilians. And thence is our word (sumner) which in French is (semoneur, i. vocator, monitor) The Customary of Normandy for our (summons hath semonse) ca 61. summons of the Exchequer, anno 3 Edw. 1. cap. 19 & anno 10. ejusdem, cap. 9 How summons is divided, and what circumstances it hath to be observed, See Fleta. li. 6. cap. 6, 7. Sollutione feods militis Parlamenti, and solutione feodi Burgen. Parlamenti, be Writs whereby Knights of the Parliament may recover their allowance, if it be denied, an. 35 H. 8. ca 11. Sontage. Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kerseys. 3 Jacob. cap. 16. Sothale, is a kind of entertainment made by Bailiffs to those of their hundreds for their gain. Which sometime is called Filctable Of this Bracton lib. 3. tractat. 1. cap. prim. hath these words: De Ballivis, qui faciunt cervicias suas, quas quandoque vocant (sothail) quandoque (fictale) ut pecunias extorqueant ab iis qui sequntur Hundreda sua, et Balvas suas, etc. I think this should rather be written Scotale. See Scotale. Southvicont (Sub vicecomes) is the undersheriff. Cromptons' Jurisd, fol. 5. Swoon. 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 Sheriff by his industry cannot get, and Estreats that sown, are such as he can gather, anno 4 H. 5. cap. 2. SP Speaker of the Parliament, is an Officer in that high Court, that is as it were the common mouth of the rest: and as the 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 Common House containing the Knights of the Shires, the Citizens, Barons of the Cinque Ports, and the Burgesses of Borough Townes: so be their 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, alias hooker's Book, entitled, The order and usage of keeping the Parliament. Special matter in evidence. See General Issue. And Brook tit. General issue, and special evidence. Spiritualities 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 charitativum, which upon reasonable cause he may require of his Clergy. Johannes Gregorius de Beneficis. cap. 6. num. 9 and the Benefit of his Jurisdiction. Joachimus Stephanus de Jurisdict. lib. 4. cap. 14. num. 14. for these reckoneth Exactionem Cathedratic, quartam Decimarum & mortuariorum, et oblationum pensitationem, subsidium obaritativum, celebrationem Spuedi, collationem viatici vel commeatus, oum Episcopus Romam proficiscitur, jus Hospitii, Litaniam, et Processionem. Spickenard (spica nardi, vel nardus) is a medicinal herb, whereof you may for your further instruction read Gerard's Herbal. lib. 2. cap. 425. The fruit or ear of this (for it bringeth forth an care like Lavender) is a drug garbable, 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 Person be made a Bishop, and hath despensation 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 Spolatio. in (curt Christian. Fitzherbert, nat. br. fol. 36. See Benevolence. SQ Squalley, anno 43. Elizab. b. cap. 10. Squyres. See Esquires. ST Stable stand, is one of the four Evidences, or presumptions whereby a man is convinced to intent the stealing of the King's Dear in the Forest. Manwood part 2. of his Forest Laws. cap. 18. num. 9 the other three be these, Dogdrawe, Backbear, Bloody hand And this Staplestand, 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. et anno 17. ejusdem cap. 9 Stallage (Stallagium) cometh of the French (Estaller, i. merces expenere, 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. signific. verbo Stallangiatores. And among the Romans it was termed (Siliquaticum) à siliqua, primo et minimo omnium pondere apud●llam nationem. Stannaries (stannaria) cometh of the Latin (stannum) i. tin, signifying the Mines and works, touching the getting, and purifying of this mettle in Cornwall, and other places. Of this read Camden, Britan. pag. 119, The liberties of the stannary men granted by Edw. 1. before they were abridged by the Statute, anno 50 Edw. 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 wools, woolfells, , 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. Lamberd 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, whither our English Merchants brought; their commodities, the French would also meet them with theirs, which most o 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 y avotte Estape de le lain, etc. Which is as much to say, as the staple for wools, 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 Ed. the sixth, cap. 7. What Officers the staples had belonging to them, you may see anno 27 Edw. 3. stat. 2. cap. 21. Star-Chamber (Camera stellata) is a Chamber at Westminster so called (as Sir Thomas Smith conjectureth, lib. 2. cap. 4.) either because it is full of windows, or cause at the first, all the roof thereof was decked with Images of guilded Stars. And the latter reason I take to be the truer, because anno 25 Henry 8. capit. prim. 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. Hen 7. ca or. 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 the King's most Honourable Council, and the two chief lustices of the King's Bench, and Common place, for the time being, or other two lustices in their absence, should have power to call before them, and punish such misdoers, as there be mentioned. The saults that they punish, be Routs, Riots, Forgerits Maintenances, Embraceries Perjuries, and such other Mislemeanours, as are not sufficiently provided for by the Common law. It appeareth both by Sir Thomas Smith, li. 2. de Repub. Anglor. ca 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 Master Gwin in the Preface to his readings. It appeareth in our books of the Terms of King 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 belike that Assembly was not ordinary, therefore the next Kings, Henry the seventh, and his Son Henry 8. took order by two several laws, viz. 3 Hen. 7. cap. pri. & 21 H. 8. ca 2. That the Chancellor assisted with others there named, should have power to hear complaints against Retainours, Embraceours, Misdemeanours 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 accordingly used. Touching the Officers belonging to this Court, see Camden, pag. 112., et 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 Merchant, or statute staple, anno 5 H. 4. cap. 12. The reason of which name is, because these Bonds are made according to the form statutes expressly, and particularly provided for the same, which direct both before what Persons, and in what manner they ought to be made, west. parte prim. symbol. lib. 2. Sect. 151. where he defineth a statute Merchant thus: A Statute Merchant is a bond acknowledged before one of the Clarks 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 Debtor, and of the King, which is of two pieces the grater is kept by the said Mayor, chief Warden, etc. and the lesser piece thereof by the said Clarks. The form of which bond, you may see in Fleta, lib. 2. cap. 64. § 2. to be such; Noverint universi me, N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. Anno Regni Regis, etc. et nisi fecers, concedo quod currant super me et Haeredes meos districtio, et poena provis, in statuta Domini Regis edito apud Westm. Datum London. tali die, anno supra dicto. The fee for the same Seal, is for statutes knowledged in Fairs; for every pound an halfpenny and out of Fairs a fording. The execution upon statute Merchant, is first to take the body of the Debtor, if he be lay and can be found: if otherwise then upon his Lands, and goods. The bond is founded upon the Statute, anno 13 Ed. prim. stat. 4. Of this also as of the Statute staple, see the new book of Entries, verbo statute Merchant; and read in Fleta ubi supra more touching this matter worth the reading. Statute staple, (to use the very words of Master 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 100 pound, and half penny, and if it excced an 100 pound, of every pound a farthing. And by virtue of such Statute staple, the Creditor may forthwith have execution of the body, lands and goods of the Debtor; 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 & 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. parte pri. symb: lib. 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 Elizabeth, 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 1 Eliz. cap. 4. Statu'o 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 Statute staple, Regist. orig. fol. 151. a. Statutam de laborariis, is a writ judicial, for the apprehending of such labourers, as refuse to work according to the Statute, Reg. judi. fol. 27. b. Statuto Mercatorio, is a writ for the imprisoning of him, that hath forfeited a bond called the Statute Merchant, until the debt be satisfied, Regist. origin. 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 thereof, you have set forth in Gerard's Herbal, lib. 1. cap. 130. The seed of this is mentioned among drugs to be garbled, anno 1 Jacob. ca 19 Stenrerie, 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 currant 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, Stow's Annals pag. 112. The which I rather believe, because in certain old Monuments of our English, and broken French, I find it written Esterling; so Roger Hoveden writeth it, part poster. annalium, fol. 377. b. M. Skene de verborum sipnific. 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 shilling; sterling and of a merk sterling, ap. 3. the arbitriss, etc. constituit, 12. the 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 twenty make an ounce, and 12 ounces a pound, and eight pound make a gallon of wine, and eight gallons maketh a bushel of London, which is the eighth 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. vaerb. Cent. solides, in Glos. Stews, are those places which were permitted in England to women of processed 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 Hen 6. ca pri. Steward. See Seneschal and Stuward, Steward of the King's house. an. 25 Ed. 3. statute 5. cap. 21. Stilyard (Guilda Theutonicorum, anno 22 H. 8. ca 8. et anno 32 ejusdem, ca 14.) is a place in London, where the fraternity of the Easterling Merchants, otherwise the Merchants of Hawnse and Almain, an. pri. Ed. 6. cap. 13. are wont 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 C●itraeus. See Hawnse. Stone of wool (Petra lanae) see Weights. See Sarpler. It ought to weigh 14 pounds, yet in some places by custom it is more. See Cromptons' Justice of peace. f. 83. b. Straife, aliâs Stray. See Estry. Straits, anno 18 H. 6. ca 16. stream works, is a kind of work in the Stanaries: for (saith M. Camden, titulo Cornwall, pa. 119.) Horum Stanario●um five metallicorum operum duo sunt genera: Alterum Lode-works, alterum stream, works vocant. Hoc in lecis inferioribus est cum Fossis agendis stanni venas sectantur et fluvierum alveos subinde defl ctunt: illud in locis aeditiorsbus, cum in montibus puteor, quod Shafts ucc in't in magnam attitudinem defodiunt, et cuniculos agunt. These you may read mentioned, an. 27 H. 8. cap. 23. Stirks. Strip. See Estreapement. SO Suard, aliâs steward, senescallus) seemeth to be compounded of Steed and ward, and is a word of many applications: yet always 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 Nobleman 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' Jurisd. f. 28. 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 ●ound, the Lord Steward together which the Constable of England, there in the presence of the King and Parliament, might elect five and twenty 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 then 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 Councillor, as advised him to this unjust, or unanswerable to his Majesty, as tending either to the disherison 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 Counsellor, 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 departed from the Court, which if he neglected to perform, than they might send to the King and with 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 Hen. 8. cap. 13. whose name is changed to the name of great Master, anno 32. ejusdem, 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 Fitz. nat. br. f. 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 Hen. 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 manor, 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. alienate.) It signifieth in our Language generally a man born 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 Stanger to a judgement: old nat. brev. fol. 128. is he to whom a ludgement 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 Marshal, and hath the custody of the prisoners there. Crompt. Jurisd. 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 Proceed 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 other 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' Jurisd. 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 Chancellor's letters: giving him notice of the suit intended against him, and requiring him to appear. Crompton, cedem. 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 Land or Goods after the rate of four Shillings in the pound for Land, and two Shillings eight 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 thing in their own confession may be done with the greatest indifferency. The manner of assessing every man's Lands or Goods, is this: First, there issueth a Commission out of the Chancery to some man of honour or worship in every County, by virtue thereof to call unto them, the Head constables or Bailiff, 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 travail and expenses in wars: or his great favours towards his subjects: as also in other manner than now they be: as every ninth Lamb, every ninth Fleece, and every ninth Sheaf, anno 14 E. 3. stat. pri. 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, sometime confounded with custom, anno 11 H. 4. cap. 7. See Benevolence. Surety of peace, (securit as 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, lib. 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 aludge, when he doth it of this own power derived from his Commission. Of both these see Lamberds Eirenarcha, lib. 2. cap. 2. pa. 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, Suffraganei dicuntur, quia eorum suffragiis causae Ecclesiasticae judicantur. Joach. Stephanus de jurisdict. lib. 4. cap. 16. num. 14. It was enacted anno 26 H. 8. cap. 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 Statute 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 Tenent oweth at the Court of his lord Fitz. nat. brev. in Indice. verbo Suit, suit service and suit real, anno 7. H. 7. cap. 2. The new expositor of Law terms, 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 covenant with mine Ancestor, to sue to the Court of mine Ancestors. Suit custom, when I and my Ancestors have been seized of your own, and your Ancestors suit, time out of mind, etc. Sutereal, when men come to the Sheriff, Turn, or Leet, 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 experience, 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 shall be amerced and not distrained. I think this should be called ratherregal 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 Leet, Suit service, is to sue to the Sheriff, Turn or Leet, 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 amerced. 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. cap. 46. a. 3 Edw. 1. Lastly, it signifieth a Petition made to the Prince, or great personage. Suit of the King's peace (secta pacis Regis) anno 6 R. 2. stat. 2. cap. pri. & anno 21 ejnsdem, cap. 15. & anno 5 Hen. 4. ca 15. is the pursuing of a man for breach of the King's 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, qued sint coram talibus Justiciarits ad certos diem & ●locum secundum mandatum Justiciariorum Vicecomiti directum, parati inde facere recognitionem, lib. 4. cap. 5. §. Et cum. Summons (summonitio) see Summons. Common Summons. Marlb. cap. 18. anno 52 Hen. 3. it 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. nu. 3●. Sumage (Sumagium) seemeth to be toll for carriage on horseback, Crompton, Jurisd. fol. 191. For where 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 oculi, 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 Horseload. Superoneratione pasturae, is a writ judicial that lieth against him who is impleaded in the County, for the over-burthening 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 cases, as appeareth by the Table of the Register original, and the judicial also, and by Fitzh. nat. bre. fol. 226. and many other places noted in the Index of his Book, verbo Snpersedeas. 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 sweat that he is asraid, and the justice required hereunto cannot deny him. Yet if the party be formerly bound to the peace, either in Chancery, or elsewhere, this writ lieth to stay the justice from doing that, which otherwise he might not deny. Super statutum, Edward 3. vers. servants and labourers, is a writ that lieth against him, who keepeth my servants departed out of my service against Law. Fitz. nat. fol. 167. Super statuto de York quo nul sera viteller, etc. is a writ lying against him, that occupyeth vittelling either in gross or by retail in a City, or Borough Town, during the time he is Major, etc. Fitz. nat. brev. 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. brev. 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 Freehold, or for trespass, contracts not made within the King's household. Fitzherbert nat. brev. fol. 241. Super statuto de Articulis Cleri, cap. 6. is a writ against the Sheriff or other Officer, that distraineth in the King's highway, or in the glebe Land anciently given to Rectories. Fitz. nat. brev. fol 173. Super praerogativa Regis, cap. 3. is a writ lying against the King's widow for marrying without his licence. Fitzherbert, nat. brev. fol. 174. Supplicavit, is a writ issuing out of the Chancery for taking the surety of peace against a man. It is directed to the justices of peace of the County, and the Sheriff: and is grounded upon the Statue, anno pri. Edw. 3. cap. 16. which ordaineth, that certain persons in Chancery shall be assigned to take care of the peace. See Fitzh. nat. bre. fol. 80. This writ was of old called Breve de minis, as Master Lamberd in his Eirenarcha, noteth out of the Regist. orig. fol. 88 Sur cui in vita, is a writ that lieth for the heir of that woman, whose fiusband 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 Tenent after her decease. Fitzherbert, natura brev. folio 193. B. Surgeon. cometh of the French (Chirurgeon, 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 Statute 32 Hen. 8. cap. 4. and Master Powltons' new Abridgement, titulo Surgeons. Surcharger of the Forest, is he that doth common with more Beasts in the Forest, than he hath right to common withal, Manwood parte 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. Brook, titulo Nugation and Supersluity, fol. 100, Plowdens casu Dives contra Maningham, fol. 63. b. It is sometime also applied to matter of account, and signifieth a greater disbursement, than the charge of the Accountant amounteth unto. Surrcjoynder, is thus defined by West. parte 2. symb. titulo Supplications, sect. 57 A Surrejoynder, is a second defence of the Plaintiff; action, opposite to the Defendants rejoinder. And therefore (as he saith) Hotoman calleth it Triplicationem, quae est secunda actoris defensio, contra Rei duplicationem opposita. Not Hotoman only calleth this triplicationem: but the Emperor himsel. De Replicationibus, libro 4. Institut. titulo 14. Surrender (sursum redditio) is an Instrument testifying with apt words, that the particular Tenent of Lands or Tenements for life, or years, doth sufficiently consent and agree that he which hath the next or immediate Remainder, or Reversion thereof, shall also have the particular estate of the same in possession: and that he yields, and giveth up the same unto him. For every surrender ought forhwith to give a possession of the things surrendered, West. parte 1. lib. 2. Sect. 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 actual, Perkins Surrender, fol. 606. & seq. as if a man have a lease of a farm, and during the term, he accept of a new lease, this act is in Law a surrender of the former, Coke vol. 6. fol. 11. b. Sursise (supersisae) anno 32 H. 8. cap. 48. seemeth to be an especial name used in the Castle of Daver, for such penalties, and forfeitures, as are laid upon those that pay not their duties or rent for Castleward at their days, an. 32 H. 8. cap. 48. Bracton hath it in a general signification, lib. 5. tract. 3. cap. 1. nu. 8. and Fleta, lib. 6. c. 3. in prin. Surveiour (supervisor) is compounded of two French words (sur, i. super) and (veior, i. cernere, intueri, despicere, prospicere, videre.) It signifieth in our Common law, one that hath the overseeing or care of some great personages lands, or works. As the Surveiour general of the King's manors, Cromptons' Jurisd. fol. 106. And in this signification it is taken, anno 33 H. 8. cap. 39 where there is a Court of Surveyors erected. And the Surveyour of the Wards and Liveries, West. parte 2. symbologr. titulo Chancery. Sect. 136. which Officer is erected anno. 33 H. 8. cap. 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 anno 33 H. 8. ca 39 Surveior of the King's Exchange, anno 9 H. 5. stat. 2. cap. 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 Survivor, is compounded of two French words (sur, i. super) and (viure, i. aetatem agere, vivere) whence also cometh the compound (surviure, i. superesse.) It signifieth in our Common law, the longer liver of two joint Tenants. See Brook, titulo Joynt-tenents, 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 dyeth for ever. book, 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. ca 12. See Excommunication. Suspirall, seemeth to be a Spring of water passing under the ground, toward a Conduit or cistern, anno 35 H. 8. cap. 10. and to be derived from the Latin (suspirare) or the French (souspirer, i. ducere suspiria.) And indeed the word itself is French: for (suspiral) in that Tongue signifieth (spiramentum cavernae) the mouth of a Cave or Den: or the tunnel of a Chimney. Swainmot, aliâs Swainmote, (Swainmotum) signifieth a Court touching matters of the Forest, kept by the Charter of the Forest, thrice in the year: anno 3 Hen. octav. cap. 18. it is called also a Swainmote: what things be inquirable in the same, you may read in Cromptons' Iurisdict. fol. 180. who saith, that this Court of Swainmote is as incident to a Forest, as the Court of a Pie-powder to a Fair: with whom agreeth M. Manwood, parte 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 ubisupra pag. 111. in the Saxons tongue signifieth a Bookland man, which at this day is taken for a Charterer, or Freeholder: and (Gemot) as Mr. Lamberd saith in his explication of Saxon words, verbo Coventus, is Conventus, whereupon it is to be noted, as he saith in the same place, that the Swainmote is a Court of Freeholders within the Forest. Of the which you may read him at large, pag. 110. etc. usque 122. TA. TAbling of Fines, is the making of a Table for every County, where his Majesty's writ runneth, contaning 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 engrossing of any such Fine, shall fix every of the said Tables in some open place of the Court of the Common Pleas: and so every day of the said Term during the sitting of the said Court. And the said Chirographer shall deliver to the Sheriff of every County, his Undersheriff 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 Assices, in some open place of the Court, where the Justices of Assizes than shall sit, to contiwe there so long, as they shall sit in the said Court. If either the Chirographer, or Sheriff 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 (taillor, i. scindere) signifying in our Common law two several things, both grounded upon one reason, Plowden, casu Willion, 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 it is by the first giver cut or divided from all other, and tied to the issue of the Donee. Coke 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 his 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 his 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 fee, And Liitleton, lib. pri. cap. 2. and the new book of Entries, verbo Tail. Tail in the other signification, is that which we vul garly 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. ejusdem, stat. pri. cap. 2. it is termed a Tail, and anno 38 Edw. 3. cap. 5. And so in Broke his Abridgement, titulo Tailed ' 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 Rich. 2. cap. 5. which are a kind of acquittance for debt 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 see ferm, five pounds at the Annunciation, and five at Michaelmas. He that payeth the first five pounds, receiveth for his discharge a tail or talley, 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 stead 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. et 34. ejusdem, cap. 16. and anno 2, et 3 Ed. 6. ca 4. And these seem to be tails, or talies of allowances, or recompense made to Sheriffs, 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, et 3 Edw. 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 talies. And that the Sheriff 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 roll, or tax, as anno prim. Ed. 2. cap. unico. And Stows Annals, pag. 445. Thence cometh Tailaigiers in Chawcer, for tax, or tollegatherers. Taint (Attinctus) cometh of the French (teinct, i. infectus, tinctus) and signifieth either Substantively, a conviction, or Adjectively, 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 Enquest, 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 Sheriff o● some men there present, equal in reputation to those that were empanelled. 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, Stawnford, pl. cor. lib. 3. cap. 5. Howbeit 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 ineded are called (Meliores) viz. when the whole jury is challenged, as appearcth by Brook titulo, Octo tales et altar tales, fol. 105. In whom you may likewise read many cases touching this matter. Tales, is a proper name of a book in the King's bench office, Cook, lib. 4. fol. 93. b. Tallage. See Taylage. Talshide. See Talwood. Talwood, vide anno 34, et 35 Henrici octavi, capit. 3. et anno 7 Edw. 6. cap. 7. et 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 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels, anno 4 Edward 4. cap. 1. is a kind of hard burr used by Clothiers and Cloth Workers in the dressing. of Cloth. Task, aliâs Tax, 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 Master Cambden. Now it is not paid, but by consent given in Parliament, as the Subsidy is. And it differeth from Subsidy in this, that it is always 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 fisteenth, vide anno 14 Edw. 3. statut. 1. cap. 20. For whereas Master Crompton in his jurisdiction, fol. saith, that it is levied sometime by goods, as well as by Lands, as also appeareth by the Statute, anno 9 Hen. 4. cap. 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 Town's men among themselves to make upthat sum, are at these days sometimes 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 succesiors 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. TE 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 Toll, against the Officers of any Town, or Market constraining them to pay Toll of their Merchandise, contrary to their said grant or prescription, Fitzb. nat. br. fol. 226. Hotoman, lib. 2. commentariorum in feuda, cap. 56. vers. Vectigalia, hath these words: Telonia autem dicuntur, publicano rum stationes in quibus vectag alia recipiunt: sed apud istius generis scriptores, Telonium dicitur vectigal, quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur. Team, alias Theme, is an old Saxon word, signifying a Royalty granted by the King's Charter, to a Lord of a Manor, Bracton, lib. 3. tract. 2. cap. 8. of this Saint Edward's laws, nu. 25. say thus. Quod si quisquam aliquid interciet (idest, penes alium defend it) super aliquem, et intercitatus, non poterit warantum suum habere, erit forisfactura sua, et Justicia similiter de calumnintore, 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 enfeoffed with Theme, have the same power. For unto them all their bondmen, their children, goods, and cattles properly appertain: so to that they may dispose of them, at their pleasure. And in some old authentic books it is written. Theme est potestas habendi nativos, ita quod generationes villanorum vestrorum, cum eorum catallis, ubicumque inveniantur, ad vos pertineant. Theme cometh from Than. 1. servus, and therefore sometime signifieth the bondmen, and slaves, according to an old statute and law. De Curia de Theme. Quod si quis teneat curiam de Theme, et illa querela in illa curia movetur, ad quam Theme vocatur: non debet illa curia clongari, sed ibidem determinari, et omnes Theme the 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 there be four in number. And their office is, to receive all moneys due to the King, and to give to the Clerk of the Pell a bill to charge him therewith. They also pay to all persons, any money payable unto them by the King, by warrant from the Auditor of the receipt. They also make weekly and yearly books, both of their receipts and Payments which they deliver to the Lord Treasurer. Templars (Templarii) See Knights of the Temple. These whilst 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 Bract. calleth Magistrum militiae Templi. lib. 1. c. 10. Of these read M. Camden in his Br. p, 320. See Hospitalers. Temporalt es 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 nat. br. fol. 123. b. to tend to travers. Stawnf. praerog. fo. 96. to tend an averment. Brit. cap. 76. Tender, seemeth to come of the French (Tender, i. tener, delicatus) and being used adjectively, 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 belongingunto us to tender: As 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. Kitchen, 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 chatels, to whom they list, for the hearing of any controversy touching this matter, and for the rectifying of the wrong, Reg. orig. f. 244. b. Tenant, alias 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 Tenent 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 born 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 lessor pay so much money at such a day, that he may enter, and if not, that the seassee shall have a fee simple, fee tail, or freehold. Sometime these Epithets import the manner of admittance: as Tenent by the Verge in ancient deme●n. Idem fol. 81. is he that is admitted by the Rod in a Court of ancient demesn. Sometime the evidence, that he hath to show for his estate: as Tenent by copy of Court roll, which is one admitted Tenant of any Lands, etc. within a Manor, that time out of the memory of man, by the use and custom of the said Manor, have been demisable, and demised to such as will take the same in fee, fee tail, for life, years, or at will, according to the custom of the said manor, West. parte prim. symb. li. 2, sect. 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 Tenent is to perform by reason of his tenure. As Tenent by Knight service, Tenants in burgages, Tenent in soccage, Tenent in frank fee, tenant in villainage. Sometime they import the estate of the Tenent or his continuance in the Land, as Tenent in fee simple, Kitchen, fol. 150. Tenent in fee tail. Idem fol. 153. Tenent at the will of the Lord according to the custom of the manner, Idem fo. 132, & 165. Tenent at will by the Common law. Idem eodem. Tenent upon sufferance. Idem fol. 165. Tenent of state of Inheritance, Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord, of whom, he holdeth as tenant in chief, i. he that holdeth of the King in the right of his Crown, Fitzher. 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 tenant, the tenant is very tenant to the Mesn, but not to the Lord above. Tenent paravailes pl. cor. 197. & Fitzh. nat. br. fo. 136. D. is the lowest Tenent, and farthest distant from the Lord Paramount. It seemeth to be Tenent Per avail. See Dyers Commentaries, fol. 25. nu. 156. No tenant in right to the Lord, but Tenent for the avowry to be made. Littleton, 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, lib. 3. cap. 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, eodem, 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. parte 2. Symbol. titulo Fines. Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case, lib. 1. fo. 15. a. they be termors for years or life. See Plowden, casu Colthirst, fol. 22. 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 dyeth, he dyeth not sole tenant, Idem; eodem. Several tenant, is opposite to joint tenants, or tenants in common. See Several tenenoy. Tenent all praecip, is he, against whom the writ (Praecipe) is to be brought. Coke Reports, lib. 3. The case of Fines, fo. 88 a. Tenent in demesn, anno 13 Ed. 1. cap. 9 anno 32 H. 8. ca 37. is he that holdeth the demeans of a manor for a rent without service. Tenent in service, anno 20 Ed. 1. stat. 1 is he that holdeth by service, v. Britton cap. 79. in principio, & cap. 96, Car fealtic, etc. ●●el quaere, whether he may be termed tenant in Demein, that holdeth some of the demeans howsoever, and he tenant in service, which is a Freeholder to a Manor, holding by service, for the Free-holds of a Manor are not accounted of the demesn, but only that which the Lord keepeth in his own hand, or letteth out by copy, according to the custom of the Manor. Tenent by execution, anno 32 Henry 8. cap. 5. is he that holdeth Land by virtue of an execution upon any Statute, Recogn zance, etc. Tendeheved (decanus, vedcaput decem familiarum) of this see Rogen Hovedon, part poster. suorum annalium, fol. 346, a. See Frank pledge. Tenement, (tenementum) is diversely used in the Common law, most properly it signieth a house, or home Stall: but in a larger sig nfication it is taken either for house or land that a man holdeth of another. And joined with the Adjective (Frank) in our Lawyer's French, it contained generally lands or houses, yea or offices, wherein we have estate for term of life, or in fee. And in this signification, Kitchen so. 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 (libernm tenementum) li. pri. ca 5. & 6. and many other places. Tenentibus in assist non onerandis, etc. is is a writ that lieth for him to whom a disseisor 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, Reg. orig. fol. 214. b. Tenths, (Decimae) it that yearly portion or tribute, which all Live Ecclesiastical do yield to the King. For though the Bishop of Rome do originally pretend right unto this revenue, by example of the High Priest among the lews, who had tenths from the Levites, Numb. cap. 8. Hieronimus in Ezechielem, Yet I read in our Chronicles, that these were of en granted to the King by the Pope, upon divers occasions, sometime for one year, some time for more, until by the Statute, an 26 Hen. 8. ca 3. they were annexed perpetually to the Crown. See Disms. It signifieth also a task levied of the temporalty. Holinshed, H. 2. fol. 111. Tenore indictamenti mittendo, is a writ wherehy the Record of an indictment; and the process thereupon, is called out of another Court into the Chancery, Regist. orig. fol. 169. a. Tenure (Tenura) cometh of the Norman (Tendure) as appeareth by the Grand Custumary, 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 ●o England. In Scotland I find that there be four manner of Tennres, which they call holding of land; the first is ura eleemo●yna, which is proper to spiritual men, paying nothing for it, but devota animarnm suffragia: the second they call Few, or Few ferm, which holdeth of the King, Church, Barons, or others, paying a certain duty, called Feuda firma. The chird 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 regad 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 seudum militare, or feudum Hauberticum, or fendum loricatum: because it is given upon condition, that the vassal possessor thereof, shall come to the Host with a Jack, or Haubert, which is a coat of Mail. M. Skene de verb. signif. verbo Haubert. Tenure in gross, is the Tenure in Capite. For the Crown is called a signory in gross. because it consisteth of a corporation of and by itself, not tied to any honour, or manor. See Cromptons' Iurisdict. f. 206. See the new book of Entries, verbo Tenure. Term (Termiws) 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 complain 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 4 in every year: during which, matters of justice (for the most part) are dispatched. And this Sir Thomas 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 rectify 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 january, or if that be Sunday, the next day following, and endeth 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 Wednesday fort night after. The fourth is Michaelmas Term, beginning the 9th of October, or if that be Sunday, the next day after, and ending the 18 of November. Termor (Tenens ex termino.) is he that holdeth for term of years or life, Kitchen, fol. 151. Littleton, fol. 100 Tenra extendendae, is a writ directed to the Escheator, &c, 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. Register orig. fol, 293. b. Terris bonts & caiallis rehabendis post purgationem, is a writ that lie th' for a Clerk to recover his lands, goods, or chatels formerly soised on, after he hath cleared himself of that seiony, upon suspicion whereof he was formerly convicted, and delivered to his Ordinary to be purged. Register 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 fine for his imprisonment, and to deliver him his lands and tenements again, and to release him of the Scrip 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 tentis ulera debitum levatum, is a writ judicial for the restoring of lands or goods to a debtor that is distreined above the quantity of the debt, 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. ca 7. For example, a Lord of a manor hath a Freeholder, who letteth out his free land to another to be occupied: this Occupier is called the Terretenent, Witted: part 2. symb, tit. Fines, Sect. 137. Cromptons' Inrisd. fol. 194. Britton, cap. 29. Porkins feoffments, 231. And Petrus Belluga in sprenlo Principum. Repub. 46. versic. Restut. vidert, nu. 9 useth this word Terrae tenentee in the same signification. See Land tenants. Yet I have heard some learned in the Law say, that the Terienent, is the tenant in free, or copyhold, according to the custom of the Manor, and opposite to tenant for term of years. Quaere. Ters, is a certain measure of liquid things, as wine, oil, etc. containing the 6th. part of a tun, an. 32. H. 8. c. 14. or the 3d. part of a Pipe. Testament (Testamentum.) See Will. Testatum, is a writ that seemeth especially to lie against great personages of the Realm, whose bodles may not be meddled with in actions of debt. And therefore if the Sheriff return, (nibil habes in balliva mext). in a case of execution, another writ shall be sent out into any other County, where such personage is thought to have whence to satisfy, which is termed a Testatun, because the Sheriff hath formerly testified, that he sound nothing in his Bayliweek 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 meipso, etc.) if it be an original writ, or if judicial, teste Thom. Fleming, or Edwardo 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 Regist. orig. Teste custode Angliae: as namely, in the title Prohibition, fol. 42. a. and Consultation, fol. 54. b. TH. Thanus, is a made Latin word of the Saxon (thegn) which cometh of (thenian, i. alicuiministrare.) It signifieth sometime a Nobleman, sometime a free man, sometime a Magistrate, sometime an Officer, or Minister. Lamb. in his exposition of Saxon words, verbo Tha●us. See the place. See Vavasour, M. Skene de verbor. significat. saith, as it is the name of a dignity, and appears to be equal with the Son of an Earl. And Thanus was a Freeholder holding his Land 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 seven and twenty men, or of 3 Thanes. Thanagium 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, jidem significant. It is a Dutch word: For (teiner) signifieth a servant, and teinen to serve. And thane is likewise a servant, and under-thane, an Inferior thane or subject. Thus far Master Skene. Thack-tile, anno 17 Ed. 4. ca 4. otherwise called plain tile, is that tile which is made to be laid upon the side, and nor 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 owners will, with an intent to steal them. West. parte 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 the 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 Larcenie, divideth theft into theft so simply called, and petit or little theft. Whereof whereof the one is of goods above the value of twelve pence, and is selovy, the other under that value, and is no felony. But see Felony. Theftbote, is made of (thief) and (boete) i compensa●io, and signifirth properly the receiving of good; 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 criminals all suit le Roye. And yet he there maketh mention of a Record alleged, which testistified a judgement of life and member given in this case. Thegne. See Thanus, and Thingus. Them. See Team. It signified acquietantiam amsrciamentoruus sequelae propriorum serverum, Fleta lib. prim. cap. 47. sect. Theme. Thelonium. See Tholle, and Tholonium, and Tolle. Thelonio rationabili habendo pro Dominis babentibus Dominica Regis ad firmam, is a writ, that lieth for him, that hath of the King's demesn in fee ferm, to recover reasonable toll of the King's tenants there, if that his demesn have been accustomed to be tolled. Regist. orig. fo. 87. b. Thingus. Cromptons' jurisd. 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 thingis, & omnibus liberè tenentibus, qui manent in Foresta mea de Honore de Lancaster, quod possunt, etc. Fleta writeth it Tlein, and saith, quod significat liberum. Then, significat servum. Fleta, lib. prim. cap, 47. See Thanns, and Thingus. Thridborow, is used for a Constable, anno 28 Hen. 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 fidejussor,) or (freborhesheofod, i. vas primarius) Idem, in his explication of Saxon words, verbo, Centuaria. 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 parte poster. suorum annal. fol. 345. Thokei of fish, anno 22 Ed. 4. cap. 2. Tholl (Thollonium) est libertas emendi, et vendendi in terra sua. Archainom. Lam. fol. 132. See Toll. Thrave of corn, anno 2 Hen. 6. cap. 2. consisteth of two shooks: and every shook containeth six sheeves. 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. explica. of Saxon words, verbo Thrimsa. TI Tilsen of saten, anno 1 Hen. 8. cap. 14. Tincell, cometh of the French (Estincelle, i. scintilla) or the verb (Estinceller, i. scintillare.) It signifieth with us a stuff or made partly of silk, and partly of gold or silver, so called, because it glistereth or sparkleth like stars. Tissue, is a French word signifying as much as (woven) Cloth of Tissue, with us of silk and silver, or of silk, and gold woven together. Tithe (Decimae) seemeth to be an abbreviat of (tithing) being the Saxon (Teethung) a little altered, which signifieth Decuriam, Lamb, explication 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, Le●it. 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: and that by the Law of God and nature, no contrary custom ought to last any longer, than the Pa●●on and Parisnioner shall both think well of it. Wherefore those customs of paying a half penny for a Lamb, or a penny for a Calf by such as have under seven in one year, how long soever it hath endured, is but very unreasonable in these days, when both Lambs and Calves are grown four time dearer, and more, than they were when this price was first accepted. And therefore no man dischargech well his conscience in this point that payeth not duly the tenth of every Lamb, every Calf, and and every other thing 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 indifference 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 Lamberd 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 own chief or principal person, who of his office was called (Teothung 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 since. It signifieth also a Court, Anno 23 Ed. 3. cap. 4. et an. 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. TO 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. parte 2. symbol. titulo Fines, Sect. 26. Toil, cometh of the French (Toil, i. tela) and signifieth with us a net or cord to compass or take Dear. To lange and to bred. See Bred Toll, (Tollere) as it is a verb, signifieth to defeat or take away, anno 8 Hen. 9 cap. 9 Toll, alias Thol (Tolnetum, alias 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 Manor, 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 vendendiet 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 et mari, et quod Theolonium et consuetudines capiat infra libertatem suam de ementibus et 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) Cassanaeus in consuet. 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 acquiet antiam Theolonii ubique in Regno, lib. pri. cap. 47. M. Skene de verb. signif. 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 et homines vestri de toto homagio vestro sint quieti de omnibus mercatis, et de Tolneto, de omnibus rebus empiis et venditis. Thus fare he. Kitchen, fol. 104. maketh mention of toll through, and toll traverse, 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 toll traverse, is good. In which place the difference between the one, and the other, the new expositor of Law Terms saith to be, that toll traverse 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 toll through, saying, that by reason of a Bridge provided at the cost and charge of the town, for the ease of Travellers, he thinketh it reasonable, that toll through be enacted toward the maintenance thereof: which Writer also maketh mention of toll Turn: and that he defineth to be toll paid for beasts driven to be sold, though they be not sold indeed. Where I think, he must mean a toll paid in the return homeward from the Fair or Market, whither they were driven to be sold. Plowden casu Willion, fol. 236. agreeth in this definition of toll traverse. And this the Fendists call Parangariam, defining it to be Sumptus & labores ferendi referendive alicujus causa à principe impositi, cùm non per viam, sed aliò versùm iter suscipitur. l. 2. Cod. de Episc. & cleri à graeco (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) i. transitus per viam transversam. Gothofred. ad. l. 4. sect. 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 in Fairs or Markets, aught to pay toll 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 essendi quietum de Telonen; is a writ that lieth in case, where the Citizens of any City, or Burgesses of any Town, be quit from toll 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 to come from the verb (Tollo) v. Coke, lib. 3. in praefatione ad lectorem. Ton. See Tun. Tonnage, is a custom or impost due for merchandise, brought or carried in Tuns and such like Vessels, from or to other nations, after a certain race in every Tun, anno 12 Edw. 4. ca 3. anno 6 H. 8. ca 14. & anno pri. Ed. 6. ca 13. anno pri. Jacobi, ca 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 Tun. Torny. See Turney. Totted, anno 42 Edw. 3. cap. 9 & anno 1 Ed. 6. cap. 15. is a word used of a debt, which the foreign Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word (Tot) unto it. Turn. See Turn. Tout tempa priest & uncore est, that is to say in English, Always ready, and is at this present: This is a kind of Plea in way of excuse or defence unto him that is sued for withholding any debt, or duty belonging to the Plaintiff. See of this, Broke his Abridgement, fol. 258. TR Trail baston. See justices of trial baston. Traitor (traditor, proditor) See Treason. Transgressione, is a writ, called commonly a writ or action of Trespass. Of this Fitzherbert in his Natura brevium, hath two sorts: one Vicountiel, so called because it is directed to the Sheriff, and is not returnable, but to be determined in the County: The form whereof differeth from the other, because it hath not these words, Choir vi & armis, etc. and this see in fitzherbert's natura brev. fol. 84 G. The other is termed a writ of trespass upon the case, which is to be sued in the Common bank or the King's Bench, in which are always used these words, vi et armis, etc. And of this you have Fitzh. nat. br. f. 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 itinerantibus, etc. is a writ for the certifying of a Recognizance, taken before justices in Eyre, into the Chancery, Regist. orig. fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam, is a writ for the certifying of the foot of a fine levied before Justices in Eyre, etc. into the Chancery, eodem, fol. 169. et 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. parte 2. titulo Chancery, Sect. 54. An answer (saith he, speaking of an answer to 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, Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer, which must affirm and pursue his bill, and confess and avoid, deny or traverse the Defendants answer. And the formal words of this traverse are in Lawyers French sans ceo) in Latin (absque hoc) in English (without that.) See Kitchen, fol. 227. titulo Affirmative et 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 Escheatour, 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, than to make contradiction, or to deny the point of the Indictment. As in presentment against A. for a Highway 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 Highway there, or that the ditch is sufficiently scoured: or otherwise he may traverse 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. Earenarcha, lib. 4. cap. 13. pag. 521, 522. Of Traverse, see a whole chapter in Kitchen, fol. 240. See the new book of Entries, verbo Traverse. Treason (traditio, vel proditio) cometh of the French (trahison, i. proditio) and signifieth an offence committed against the the amplitude and Majesty of the Common wealth. West. part secund. symbol. titulo Indictment, 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 Eyr, justices of Assize, justices of Oyer and Terminer, being in his place, and doing of his office, anno 25 Ed. prim. cap. 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, anno 5 Eliz. cap. 11. et anno 14 El. ca 3. et 18 Eliz. 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. ca 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 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 the same, and put thyself upon God and thy Peers, and the Lords thy Peers have found thee guilty, my judgement is, that thou shalt 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 into four quarters, and disposed at the King's Majesty's 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 Edw. 3. cap. 2. Of treason see Bracton, lib. 3. tract. 2. cap. 3. nu. pri. et 2. Treason compriseth both high and petit treason, anno 25 Ed 3. stat. 3. ca 4. Treasure trove (Thesaurus inventus) is as much as in true French (Tresor trouve) i treasure found: and signifieth in our Common law, as it doth in the Civil law, id est, veterom depositionem pecuniae, cujus non extat m●m●●ia, ut jam dominum non habcat. l. 31. sect. prim. de acquir. rerum Dom. Near unto which definition cometh Braction. lib. 3. tract. 2. cap. 3. num. 4. And this trea●ure ●ound, 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, a● appeareth by Bracton ubi supra. And therefore as he also saith in the 6 Chapter, it is the Coroners office to inquire thereof by the Country to the King's use. And Stawnford, pl. cor. lib. prim. 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, et 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 ways be known, then doth it not belong to the King's Prerogative. Of this you may read Br●ton also, cap. 17. who saith, that it is every Subject's part, as soon as he hath found any treasure in the Earth, to make it known to the Coroners of the County, or to the Bailiff, etc. See Kitchen also fol. 40. Treasurer, thesaurarius, cometh of the French (treserier, 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 anno 20 Edw. 3. cap. 6. et anno 31 Henr. 6. cap. 5. et anno 4 Edw. 4. cap. prim. et anno 17 ejusdem, cap. 5. et anno prim. R. 2. cap. 8. et anno 21 Henr. 8. cap. 20. et anno pri. 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 inferiore vel superiore schaccio sunt, prospicio. Adnutum ipsius quaelibet officia subjects disponuntur: sic tamen ut ad Domini Regis utilitatem justo perveniant. Hic tameninter caterae videtur excellens, quod potest his sub testimonio suo breve domini Regis f●cere fieri, ut de thesavor quaelibet summa libixetur. ved us computetur quod sibi ex Domini Regis mandato pranoverit computandum, vel si maluerit, breve suum sub aliarum testimonio faciet de his rebus. This high Officer hath by varetie of his Office at this day, the nomination of the Eschetors 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 therest of the Court, ordereth things to the King's best benefit. He with the Barons may by Statute stall debts 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; household, who is also of the Privy Council, & 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 blood shed, committed within the King's Palace. Stawnfopl. cor. l. 3. c. 5. In the statute, an. 28 R. 2. c. 18. et 11 H. 7. ca 16. mention is made of the Treasurer of Calis. In Westm. 2. cap. 8. of the Treasurer of the Exchequer, et anno 27 Edw. 3. stat. 2. cap. 18. et anno 35 Eliz. cap. 4. of the Treasurer of the Navy, or Treasurer of the wars, or garrisons of the Navy, anno 39 El. 7. Treasurer of the King's Chamber, anno 26 H. 8. cap. 3. et anno 33 ejusdem, cap. 39 Treasurer of the wars, anno 7 Henr. 3. cap. prim. anno 3. Honr. 8. cap. 5. Treasurer for the Chancery West. parte 2. symbol. titulo Fines, sect. 152. Treasurer of the King's Wardrobe, anno 15 Edw. 3. stat. prim. cap. 3. et anno 25 ejusdem, stat. 5. cap. 21. whose office you have well set out 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 forty pounds, and for that cause he was treat by the Statute, Old nat. 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 a much as Mors, obitus, excessus. 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 gransgression of the law, under treason, felony, or misprission of treason, or of felony, or may be gathered out of Stawnf. pl. cor. fol. 38. where he saith, that for a Lord of the Parliament to departed from the Parliament without the King's licence, is neither treason nor felony, but trespals. And again, fol. 31. saying that where it was wont before the Statute made, anno prim. Edw. a called Statutum de frangentibus prisonam, that the breach of Prison was felony, if it were the King's prison: it is since but trespass, except the Prisoner were committed for felony. But it is most commonly used for that wrong or damage, which is dove 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 et 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 appeareth by Kitchen, fol. 176. The former I take to be called general, because it riseth from that general ground in Law, and whatsoever is done by any private man's humour, vi et armis, is an offence. The latter 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 Brook his Abridgement. How to distinguish the form of these writs or actions, see Fitzherb. nat. br. fol. 86. L. & 87. H. I. in an Action of trespass, this is perpetual, that the Plaintiff sueth for damages, or the value of the hurt done 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 et 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, so. 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 traverse 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 traverse 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: traverse by (Absque boc) of trespass in battery, or goods brought in, is transitory and not local: as it is of trees cut, and 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 majorem et minorem: which place read. See also great diversity of trespasses in the new book of Enteries, 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 farther 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 acquiteth 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 lssue, which is tried upon the Indictment, and not the Indictment itself. For that is no part of the thing which tryeth, but the thing which is tried, and the offence. And so this word Trial understood in the Statute an. 33 H. 8. c. 23. where he saith thus; Must be indicted within the Shires or places where they committed their offences, and also tried before by the Inhabitants, or Freeholders'. So he putteth a difference between Indictment & trial, as he doth afterward in these words: There to be indicted and tried of their offences, etc. Thus far Stawnf. Sir Tho. Smith, de Repub. Angl. lib. 2. ca 5. saith, That by order & usage of England, there are three Trials, that is 3 ways and manners, whereby absolute and definite Judgement is given by the Parliament, which is the highest and most absolute, by battle and great assize: which he severally describeth in three Chapters following, though not so fully as the thing requireth. But of the great Assize, he speaketh at large in the three and twentieth 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 Barons 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 Entries, verbo Trial. Trihing (Trihinga, vel Trithinga) seemeth by a place in Edward the Confessors laws, set out by Master Lamberd, nu. 34. to be the third part of a Shire or Province, otherwise called (Letbe) which we now call (Leet.) The same Law doth M. Camden mention. pag. 102, & 103. This Court is above 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, parte 5. cap. 22. A. I. In these words: Visus autem defranco plegio sic fiat, sc. quod pax nostra teneatur, & quoth Trihinga integra sit, sicut esse consuevit, etc. Of this Fleta lib. 2. cap. 61. sect. final. writeth thus; Sciendnm est quod aliae potestates erant super Wapentakia, quae Tritinga dicebantur, eo quòd erat tertia pars provinciae, qui vero super eas dominabantur, trithingreves vocabantur, quibus deferebantur causae quae non in Wapentakiis poterant definiri in Shiram, sicque quòd vecatur Hundredum, jam per variationem locorum & idiomatù, Wapentakie appellatur; & tria vel quatuor vel plura Hundreda solebant trithinga vocari: & quoth in trithing is non poterant diffiniri in Shiram, 1. in Comitatum deferebatur terminandum. Modernis autem temporibus pro wo et eodem habentur apud howines Hundreda, Wapentakia & Trithinga. Learn whether those divisions in Yorkshire called ridings, be not quasi trithings. Of this Roger Hoveden, part poster. suornmannal. fol. 346. b. hath the same words in effect. Treswell of double sole shoes, anno 2, & 3 Edw. 6. cap. 9 which as I have heard, should rather be written Creswel, signifying the broad edge or verge of the shoe-sole round about. Trinity house, is a certain house at Debtford, 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 do, as also to correct the faults of Saylors, etc. and to take care of divers other things belonging to Navigation, and the Seas, v. anno 8 Elizabeth. cap. 13. & anno 35 ejusdem, cap. 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. Brook, titulo Challenge, fol. 122. and Old nat. br. fol. 158. Tritis, aliâs 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 his default. Manwood parte pri. of his Forest laws, pag. 86. and Cromptons' Jurisd. fol. 192. & 197. Tronage (Tronagium) is a kind of toll, Westm. 2. cap. 25. anno 13 Ed. 1. taken (as it seemeth) for weighing. For I find in Fleta lib. 2. cap. 12. sect. 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, resuseth to deliver them upon demand. See the new book of Entries, verb. Trover. Troy weight (Pondus Trojae) See Weight. TU Tumbril (Tumbrellum) is an engine of punishment, which ought to be in every liberty that hath view of Frank pledge, for the correction of Scolds and unquiet women, Kitchen, fol. 13. a. New book of Entries. Franchis. 2. & Quo warranto. 1. See Cucking stool. Tun, is a measure of Oil or Wine, containing twelve score and twelve Gallons; anno 1 Rich. 3. cap. 12. that is four Hogsheads. Tonnage. See Tonnage. Turbary (Turbaria) is an Interest to dig Turfs upon a Common, Kitchen, fol. 94. Old natura brevium, fol. 70. It cometh of the rude Latin word (Turba) which is used for a Turf. Lynd. in provin. de decimis cap. finali. 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 a man also in case of Jaundice. It is reckoned among the garbeable drugs, anno 1 Jac. ca 19 Turn (Turnum) is the Sheriff's Court, kept every year twice: once after Easter, and again, after Michaelmas, Magna Charta, caput 35. and within one Month after each Feast, anno 3 Ed. 3. cap. 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 Hen. 3. ca 10. and Briton, ca 29. It seemeth to be called the Sheriffs turn of the French word (Tour, i. ambitus circuitus, vicissitudo) and is of Briton called Tour, cap. 61. sub fine capitis, as if we would say, (The Sheriff his course) for (as Briton noteth in the said twenty ninth Chapter) that which before the Sheriff, is called the Sheriff● 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 Sheriff's course to keep his Court in every Hundred, l. 2. ca 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 Sheriff had his course or Turn to do the like at these two several seaseasons. That if there were any defects in them, it might he redressed in these, and God's peace and the Kings so much the more carefully observed. This as Master Lamberd saith, was of old called also the Sheriffs moot, l. 4. ca: 4. In this Court (as Briton saith ubi supra) the Sheriff causeth to be found out twelve 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. & Briton ubi supra.) whom he charged upon their Oaths to present the truth touching the articles ministered unto them, and set down by Briton 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 since 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 Briton, or in Cromptons' Jurisd. fol. 230. and in the mirror of justices, lib. pri. cap. de Turns. Turney (Turneamentum) cometh of the French (Tourney, i. Decursorium) It signifieth a Mattial exercise of Knights or soldiers fight one with another in disport, and is thus defined, ca felicis Extra de Torneamentis. Torneamenta dicuntar Nandinae vel feriae, in quibui milites ex condicto convenire, & adostentationem virium suarum, & audaciae, temerè congredis olent. This word is used in the statute, anno 24 Hen. octa. cap. 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 vicecomitum, is a writ that lieth for those that are called to the Sheriffs turn, out of their own Hundred. Register orig. fol. 174. Tuain nithes guessed (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 Thridinithes hawan man. Twelve men (Duodecim homines legales) is a number of 12 persons, or upwards 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 Counsel 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 the verdict, judgement afterward passeth, either condemnatory for the Plaintiff, or absolutory for the Defendant. These twelve be called twelve milites. Glanvile, 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 Enquest, and the other the Enquest of life and death. The grand Enquest is so called, either because it consisteth commonly of a greater number than twelve, as of twenty four, eighteen, or sixteen at the least; or else because all causes criminal or penal first pass through them: whereas the other Enquest is especially appointed for one or few matters touching life and death, committed to their consideration. Those of the grand Enquest are also called by Bracton 12 milites, lib. 3. tract. 2. cap. pri. num. 2. because they were wont to be Knights, as it seemeth, 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 (Billa 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 traverse 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 without more work. But in matters of life and death, the party indicted is commanded to hold up his hand, and answer (guilty) or (not guilty) if (guilty) he standeth convicted by his own confession: if (not guilty) he is farther referred to the Enquest 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 Indictment, Assize, Iury. See the statute, anno 35 H. 8. cap. 6. & 37 ejusdem, cap. 22. et anno 2 Ed. 6. cap. 32. et anno 5 Eliz. cap. 25. VA 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 Ancestors days, see Roger Hovedens annals parte posteriori, fol. 343. a. where you shall find that this intermission was called (pax Dei et Ecclesiae.) vaccary, alias vacharie (vaccaria, alias vacheria) seemeth to be a house to keep kine in, Fleta lib. 2. cap. 41. sect. Item inquiratur 12. and Cromptons' Jurisd. fol. 194. in these words: without warrant no subject may have within the Forest a vacary. But in the statute anno 37 H. 8. cap. 16. I find vachary to be, as it were a special proper name, of a certain quantity and compass of ground within the Forest of Ashedown. 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 theft, to make a difference from petit larceny: and in trespass, to aggravate the fault, and increase the fine. But no price of things, ferae naturae, may be expressed, as of Deer, of Hares, etc. If they be not in Parks, and Warrens, which is a Liberty, anno 8 Edward. 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 Doves 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 (protii) of coin not current it shall be (pretii) but of coin current, it shall neither be said (pretii) nor (ad valentiam) for the price and value thereof is certain. But of counterfeit coin, shall be said (ad valentiam) and in counterfeiting 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. Variarce, cometh of the French (varier, i. alterare) it signifieth in the Common law, an alteration, or change of condition after a thing done. For example, the Commonalty 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 Abbot commence any suit for breach of the composition, he must vary from the words of the Commonalty set down in the Composition, and begin against the Bailiffs, and the Commonalties Brook tit. Variance, fol. 292. It is also used for an alteration of something formerly laid in a plea, which is easilier known what it is, than when it may be used, as it appeareth by Brook through the whole title aforesaid. See variance in the new book of Entries. Vassal (vasallus) signifieth him that holdeth land in fee of his Lord, Hot. verbo Feudal, we call him more usually a Tenent in fee: whereof some own fidelity and service, and are called vassalli jurati, some that own neither, and are called vassalli injurati. But of this later sort, I think that in England we have not any. Of these thus writeth Hotom. in his disputations upon the Feuds, cap. 3. Propriè is vassa dicitur, qui ab Imperatore regale feudum accipit, vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est: quasi qui in vassi fide et clientela est, etc. M. Skene de verbor. signif. verb. Ligentia, saith, that vassallus is divided into Homologum, et non homologum; Homologus is he that sweareth service with exception of a higher Lord: and non homologus, is he that sweareth without exception, all one with Ligeus. And the same Author verb. Vassallus, saith, that it is vassallus, quosis bassallus, id est, inferior soc●us. From the French (bas, i. humilis, dimissus) and the Dutch word (gesel, i. sccius:) 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 Cujaceus, 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 fidelit atem jurat. Amongst vassals, the first place of dignity is given to them that are Deuces, Marchiones, Comites, and are called Capitanei Regni. The second is granted to Barons, and others of like estate, and are called Valvasores Majores. 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 Valvasores 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 sar Master Skene. Vasto, is a writ that lieth for the heir against the Tenent, for term of life, or of years, for making waste, or for him in the Reversion or Remainder, Fitzh. nat. br. fol. 55. Regist. orig. fol. 72, & 76. and Regist. Judicial, fol. 17.21, 23, & 69. v. anno 6 Edw. pri. cap. 5. Vavasour (vavasor, alias, valvasor) is one that in dignity is next unto Baron. Cambden 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 magne dignitatis. Vavasor enim, nibil melius dici poterit, quàm 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 valvae, i. portae domini in festis, in quibus consueverunt homines curtizare & eye reverentiam exhibere, propter Beneficium eis collatum, sicut libertus patrono: M. Camden in his Br●tan. pag. 108. hath these words of them. Primis etiam Normannorum temporibus, & Thani proximi à Comitibus in dignitate censebantur. Et valvasores majores (si illis qui de feudis, cribunt oredimus) iid●m fuerunt Barones. WE Vendi●soni expo●as, is a writ ludicial, directed to the under-Sheriff, commanding him to sell goods that he hath formerly by commandment taken into his hands, for the satisfying of a judgement given into the King's Court, Register judscial, fol. 33. b. Venire facias, is a writ judicial, 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 Sheriff, that he cause to come twelve lawful men of the same Country, to say the truth upon the said issue taken. And if the Enquest come not at the day of this writ returned, then shall go a Habcas corpora, and after a Distress until they come. Old nar. br. fol. 157. See how diversely this writ is used in the table of the Registor 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 Enquest, fol. 253. columma 1, 2, & 3. Venire sacias 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. cap. 26. & anno 25 H. 8. cap. 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 saith she is with child, and thereby withholdeth land from him that is the next heir at the common law, Register original, fol. 227. a. Verdour (viridarius) cometh of the French (verdeur, i. Saltuarius, vel custos nemoris) he is (as M. Manwood, parte 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 and enrol the Attachments and presentments of all manner of Trespasses of the Forest, of vert and venison. And the same Author upon the first article of Canutus Charter, in the beginning of the same part, saith, that these in the Saxons times were called (Paegened) being four in number, and they chief men of the Forest, as than 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, num. 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. And all the Officers of the Forest were to be corrected and punished by them; Ibidem, num. 10. The Verdour is made by the King's writ, Cromptons' jurisd. fol. 165. the form of which writ you have in Fitzh. nat. brev. fol. 164. which is directed to the Sheriff 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 parte 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 Foresters or other Ministers, the price thereof shall be delivered to the Verdour, who is to answer for it before the justices in Eyr. 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, alias 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 Enquest 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 Defendant 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 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 Enquest in like general terms bring in their verdict, either for the King, Guilty; 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 opinion 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 Littleton, 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 Coroner of the King's house, and that seemeth to have been twelve mile's compass, anno 13 Richard. 2. Stat. prim. cap. 3. & Fitzh. nat. br. fol. 24. B. and Briton, fol. 68 b. 69. a. and Fletae, lib. 2. cap. 2. and Sir Edward Cooks Reports, lib. 4. fol. 47. a. For this see the Statute, anno 33 Hen. 8. cap. 12. toward the end. But Fleta saith, that this compass about the Court is called virgatä à virga, quam Marishalus portat ut signism suae potestatis, lib. 2. cap. 4. sect. prim. Verge hath also another signification, and is used for a stick, or rod, whereby one is admitted Tenent, and holding it in his hand sweareth fealty unto the Lord of a manor: 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, et verus Tenens) are they that be immediate Lord and Tenent one to the other; Brook, titulo, Hariot, fol. 23. In the Old nat. br. and in the writ (Replegiari de averiis, 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 Tenent, 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 anno 19 Hen. 7. cap. 15. See Tenent. Vert (viride) is made of the French (verd, i viridis) and significth with us in the laws of the Forest, every thing that doth grow, and bear green leaf, within the Forest, that may cover and hid a D●er. 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 our Lawyers call (Hault bois) and Nether vert, is that which they call (South boil.) 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 Deer withal: as Pear trees, Crabtrees, Hauthorns, Blackbush, and such like. And the reason of this name is, because the offence of destroying of such vert, is more highly punished than of any other, according to the quantity thereof, codem, cap. 6. num. 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 . Vesture (Vestura) 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. cap. 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 vestura possession itself. Hotomon, in verbis feudal. verbo Investura. Vesture of an acre of land, anno 14 Ed. prim, stat. prim. is the profit of it, & anno 13 Edw. 1. cap. 25. VI 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 Sheriff in his County Court, or the Bayliffin his Hundred, performeth in looking to the King's peace, and seeing that every Freeman be in some pledge. This is called of Bracton, lib. 2. cap. 5. nu. 7. in fine, Res quasi saora, quia solam personam Regis respicit, & quod introductus sit pro pace et communi utilitate, eodem, cap. 16. num. 8. in fine. See frankpledge, and Leet, and Dece●nier. See the new book of Entries, verb. view of frankpledge. Veiours, visores) cometh of the French (Veoyer, 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 decision 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. tract. 2. cap. 10. et 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 cujusdam Recoguitionis, 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. Viois et venellis mundandis, is a writ that lieth for a Mayor and Bailiffs of a Town, etc. For the clean keeping of their streets. Regist. 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 Defendant asketh, than he may pray the view: that is to say, that he may see the land which is claimed: of this Briton speaketh, ca 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 a Virgin deflowered: all which he describeth in that place; and again, cap. 80, et 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 Curia claudenda. Idem, fol. 128. B. In a writ of Nuisance. Idem, fol. 183. L. N. O. In a writ Quo jure. Idem, fol. 128. L. In the writ de rationalibus divisis. Idem, fol. 129. D. And in the writ de secta ad molendinum. Idem, fol. 123. B. See the new book of Entries, verb. View, and see Fleta how this view is made, lib. 4. cap. 6. See Veiours. Vicechamberlain, called underchamberlain, 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 and inferior whatsoever, appertaining to that part of his Majesty's household, which is called the Chamber, wherein is included as well the Bedchamber, as the Privy-chamber, the Presence, and the great Chamber, and all other Rooms, as Galleries, etc. thereto belonging, with the councel-chamber, Privy 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 appertainesh to be ready and waiting on his Majesty going to the Chapel, or to speak with Ambassadors, or else walking or riding forth. Viscount, alias Viscount (vicecomes) cometh of the French (vicompte, i. Procomes) and signifieth with us as much as Sheriff. Between which two words I find no other difference, but that the one cometh from our Conquerors the Normans, and the other from our Ancustors the Saxons, wherefore see more of this in Shyreeve. Viscount also signifieth a degree of Nobility next unto an Earl, which (as M. Camden, Britan. pag. 70. 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. Casson in gloria mundi, parte 5. consid. 55. whom you may read. Vicountiel, is an Adjective made of Vicountie, and signifieth as much as belonging to the Viscount; as Writs Vicountial are such Writs as are triable in the County, or Sheriffs Court. Old nat. br. fol. 109. Of this kind you may see divers Writs of Nuisance set down by Fitzherberi in his Nat. br. fol. 184. b. There be also certain ferms called Vicountiels, which the Sheriff for his time payeth a certain rent for to the King, and maketh what profit he can of them. See the Statute, anno 33, & 34 H. 8. cap. 16. & anno 2, et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite second. Vi laica 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 thereof by the Incumbent himself, without the Certificate of the Bishop, and hath a several form for either case. Fitzh. nat. br. fol. 54. Register origin. fol. 59 & 60. Villanis Regis subtractis reducendis, is a writ that lieth for the bringing back of the King's bondmen, that have been carried away by others out of his Manors, whereto they belonged. Registor origin. folio 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 Thomas Smith saith in his Repub. Anglo. lib. 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 Manor, whom the Civilians term (glebae aseriptitium) being bound to their Lord, as members belonging and annexed to such a manor, 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 in. dowed with a villain in gross, etc. and again fol. 39 If a man do menace or threaten any villeins, which are regardant to a manor, etc. Bracton hath another division of villeins, which is all one with the Civilians. For in his first book, cap. 6. num. 4. he saith thus: Scrvi autem nascuntur aut fiunt: and then thus goeth forward: nascuntur ex nativo et nativa alicujus copulatis vel solutis, sive sub potestate Domini constituti sint, sive extra potestatem. Item nascitur servus qui ex nativa soluta generatur, quamvis ex prate libero: quia sequitur conditionem matris quasi vulgo conceptus, etc. And after divers things delivered of this sort, he saith again thus: Fiunt etiam servi liberi homines captivitate de jure Gentium, etc. Fit etiam servus liber homo per confessionem in Curia Regis factam: ut cum liber homo sit in Curia Regis, et se cognoscat ad villanum. Item liber homo fit servus, si cum semel manumissus fuerit ob ingratitudinem in ●ervitutem revocetur. Item fit liber homo servus cum ab initio clericus vel monachus factus fuerit, postea ad secularem vitam redierit. Quia talis restituti 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 adscriptitiis colonis conjuncti, & prope iidem videntur. Non autem servi sunt omnino, sed in territorio domini sunt, tanquam alligati, non habentes demigrandi potestatem. Itaque servi corporis & prosecuti nis vulgò dicuntur, quod si fugerint, votest eos prosequi dominus & capere. Tributum autem isti & nonnullas commoditates d●mino praestant: in quibus haec maxima, quod ipsie vita functis sine sobole, succedit dominus vel ex toto vel ex parts. Connanus, lib. 2. cap. 10. num. 3. whose words I thought not unfit for this place, because they express the nature of our villanage something aptly. Villain fleeces, anno 31 Ed. 3. cap. 8. are fleeces of Wooli 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 fitted to perform. For every one that holdeth in villainage, is not a villain, or a bond man. Villenagium vel servitium nihil detrahit libertatis, habita tamen distinctione, utrum ●ales sint villains, & tenuerint in villano soccagi● de dominico Domini Regis. Bracton, lib. prim. cap. 6. num. prim. Briton in his 66 chapter speaketh to this effect: Villeinage is a tenure of the demesns 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 Manors of our Ancient Demesns, 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 tennre do not always make the Tenent a villain: yet that there is a two fold tenure called villainage: one wherein both the person and 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, lib. 2. cap. 8. num. 3. in these words: Item tenementum non muta● statum liberi, non magis quam servi: poterit enim liber homo tenere purum villenagium, faciendo quicquid ad villanum percinebit, & nihilominus liber erit, cum hoc faciat ratione villenagii, et non personae suae: et ideo poterit, quande voluerit, villenagium deserere, et liber discedere, nisi illaqueatus sit per uxorem nativam ad hoc faciendum, ad quam ingressus fuit in villenagium, et quae praestare poterit impedimentum, etc. So that a man may hold in pure villainage, and yet be a free man in respect of his person. But what is pure villainage? Bracton answereth in the words there next following: Purum villenagium est, à quo praestatur servitium incertum et indeterminatum, ubi sciri non poterit vespere, quale servitium fieri debet mane; viz. ubi quis facere tenetur quicquid ei praeceptum fue●it. The other sort of villainage 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 performance 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 blow 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 & shame upon him against whom it is given, as a Conspirator, etc. Stawnf. pl. cor. l. 3. c. 12. f. 175. This M. Lamb. in his Eirenarchà, li. 1. ca 13. pag. 63. calleth villainous punishment, and saith that it may be well called infamous, because the judgement in such a case shall be 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 than 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. Reg. orig. fol. 167. a. See Yard land. Viridario eligendo, is a writ that lieth for the choice of a Verdour in the Forest, Regist, origin. fol. 177. Visitation of manners (Visitatio morum) was wont to be the name of the Regarders Office in ancient time, Manwood, parte pri. of his Forest laws, pag. 195. See Regarder. Visne (Vicinetum) signifieth a neighbour place, or a place near at hand, an. 16 R. 2. c. Vis● Franciplegii, 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, Regist. orig. fol. 175. Vitteler (victualarius) cometh of the French (victuals, i. commeatus) and signifieth with us, him that selleth victuals. For these there is a writ in Fitzherbert, nat. brev. fol. 172. if they exercise their trade, bearing a magistracy in any Town Corporate. VM Vmple, anno 3 Edw. 4. cap. 5. VN Vncore priest, is a plea for the Defendant, being sued for a debt due at a day past, to save the forfeiture of his bond; saying, that he tendered the debt 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 Unquest 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 guestwise, 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 forthcoming: or if he could not bring him out within a month and a day, he must satisfy for his offence. Lamb. Archaiono, fol. 133. num. 7. Of this Bracton, lib. 3. cap. 10. num. 2. writeth thus: Item secundum antiquam consuetudinem dici poterit de familia alicujus, qui hospitus fu●rit cum alio per tres noctes: quia primâ nocte poterit dici Vncuth, secundâ 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. Unite nihil habet is a writ. See Dote unde nihil habet. Vnder-chamberlain of the Exchequer, is an Officer there, that cleaveth the Tallies, written by the Clerk of the Tallies, and readeth the same, that the Clerk of the Pel, and the Controllers thereof may see their Entries be true. He also maketh searches for all Records in the Treasury. There be two Officers there of this name. Vnderescheatour. 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. & Ma. cap. 6. and such as undertake any great work, as drying of Fens, etc. anno 43 Eliz. cap. 11, Vnder●treasurer of England, (vicethesaurarius Angliae) anno 39 Eliz. cap. 7. & anno 43 ejusdem. Subsidy of the Clergy. This Officer (as some Exchequer men think) was first created in the time of King Henry 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 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 Star-chamber. 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 8 Ed. 3. statut. 2. cap. 17. & 27 ejusdem, Stat. 2. cap. 18. 1 Rich. 2. cap. 5. 4 H. 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 consolidating 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 licato & conducto, in Lyndwoods' Provincials. Sect. E●quia, versu Appropriationis. Touching Union in the first signification there was a statute, anno 37 Hen. 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, and 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, and 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 Nurses of learning, and the liberal Sciences, Cambridge and Oxford: endowed with great favours, and privileges, for their better maintenance, as appeareth not only by anno 2, & 3 Ph. et Mar. cap. 15. a. 13 El. c. 21. et a. 18. ejusd. cap. 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. parte 2. symb. titulo, Inditemenes; sect. 65. M. Lamberd 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 always 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 always 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 Kitchen fol. 243. See Vncore priest. VO Avoidance (vacatio) is a want of an Incum. bend upon a benefice: and this avoidance is double: either in Law, as when a man hath more benefices incompetible: or indeed, as when the Incumbent is dead, or actually deprived, Brook, titulo Quare impedit. n. 51. Vourcher (Advocatio) 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 Vourcher. Vourcher de guarantee, Brit. cap. 75. In Latin (Advocatio ad warrantizandum) is a Petition in Court made by the Defendant to have him called, of whom he or his Ancestor bought the Land or Tenement in question, and received warranty for the secure enjoying thereof against all men. Briton of this writeth a long chapter, ubi supra, intituling it Garant voucher. But Bracton writeth a large tractate of it, lib. 5. tractat. 4. per totum. Litleton also handleth it not mincingly, in the last chapter of all his Tenors. Of this you may read Fitzh. also in his nat. br. fol. 134. De warrantia chartae. All this law seemeth to have been brought into England out of Normandy. For in the Grand Customaty you have likewise a Chapter entitled (vouchment 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, ubisupra. A common voucher, a double voucher. Cook 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 the 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 Voucher. The writ whereby he is called, is termed Summoneas ad warrantizandum. And if the Sheriff return upon that Writ, that the party hath nothing, whereby he may be summoned: then goeth out another Writ, viz. Sequatur sub suo pericnlo. See Terms 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. columma 1. whereupon because the Foreiner need not be tried in that Court, the record and cause is removed to the common pleas, etc. See of this Fitzh. nat. br. fol. 6. E. US Vser de action, is the pursuing or bringing of an action, which in what place and County it ought to be, See Brook, titulo Lieu & 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 symbol. 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, and 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, sect. 308. and so forth to 327. These uses were invenced 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. cap. 1. whereby it was enacted, that the use and possession of lands and possessions should always stand united. New Expositor of law terms, verbo Use. v. Cook, lib. 1. Chudleise case, fol. 121. & seq. 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, Sheriffs, and all other Accountants at the pleasure of the Court. There be also Ushers in the King's house, as of the Privy Chamber, etc. VT Vtas (Octavae) is the eighth day following any term or feast: as the utas of Saint Michael, the utas of Saint Hilary, the utas of Saint Martin, of Saint John Baeptist, 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 utas. The use o● this is in the return of Writs, as appeareth by the same Statute. Vtfangthef, is an ancient Royalty granted to a Lord of a Manor, 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, tractat. 2. cap. 35. seemeth rather to interpret the word, than to express the effect, and saith thus: Vifangthef dicitur extraneus latro, veniens aliunde de terra aliena, & qui captus fuit in terra ipsius, qui tales habet libertates. It seemeth to be compounded of these three words; Vi, fang, thief: which in our modern English be, out, take or taken, Thief. Of this Fleta hath these words: Vifangenthef dicitur latro extraneus veniens aliunde de ●erra aliena, & qui captus fucrit in terra ipsius qui tales habet libertates. Sed non sequitur quod possit ille hominem suum proprium extra libertatem su●m captum reducere usque in libertatem, et ibi cum judicare: reducere tamen poterit judicatum, et judicium in proprio patibulo exequi ratione libertatis: commodum tamen non video. Debet enim quilibet juri subjacere, ubi deliquit: proprios tamen latrones et alienos judicare possunt, dum tamen infra libertatem fuerint capti, etc. Vtlaghe, significat bannitum extra legem, Fleta lib. 1. cap. 47. See Vtlawrie. Vtlagatio capiendo quando utlagatur in uno comitatu, et 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, fol. 133. Vtlawrie (utlagaria, aliâs utlagatio) is a punishment for such as being called into law, and lawfully sought, do contemptuously refuse to appear. And as Bracton saith, lib. 3. tract. 2. cap. 11. He that is sued 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: et ex tunc utlagabitur, that is, (as the Author of the Terms of Law saith) he shall be 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. xum. 5. saith, that such as be outlawed upon Felony, Ex tunc gerunt caput lupinum, ita quod sine judiciali inquisitione ritè pereant, et secum suum judicium portent, et meritò sine lege pereunt, qui secundum legem vivere recusarunt. Et haec ita, si cùm capiendi fuerint, fugiant, vel se defendant, si autem vivi capti fuerint, vel se reddiderint, vita illorum et mors erit et manu Domini Regis. See Horns miror 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 vero, & qui infra aetatem 12. annorum fuerit, utlagari non potest, nec extra legem poni, quia ante talem aetatem non est sub lege aliqua, nec in Decenna, non magis quàm foemina, quae utlagari non potest, quia ipsa non est sub lege. i. Inlangh, Anglice, 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 sine 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 Fitzherbert in his Natura brev. fol. 161. viz. And because women be not sworn in Leets to the King, as men be of the age of twelve 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. tractat. 2. cap. 12, & 13. and then in the 14. how an outlaw is in-lawed again, and restored to the King's peace and protection. See also Fleta, lib. 1. cap. 28. per totum. Vtrum. See Assize. Utter 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 the Clients. These are in other Countries called (Licentiati in jure.) Howbeit, 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 (à cohihibendo sermone) was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Suidas and Zenodorus do report. Vtlepe significat escapium latronum, Fleta, lib. 1. ca 47. W WA 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, and to wage deliverance; which see before in Gage. None wageth law against the King, Brook, titulo 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 (wanagium, aliâs wannagium) signifieth as much as peculium servorum, of the Saxon word wonen, i habitare, & woening, i. habitatio. See Gamage. Waive (waiviare) (Regist. 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. cap. 13. See oulawry. To waive the company of Thiefs, Stawnf. pl. cor. fol. 26. To waive his benefit, Idem, fol. 46. To waive the advantage, Idem praerog. fol. 17. Persons attainted or waived, West. parte 2. symbol. tit. Fines, Sect. 13. D. This word waived waiviata properly belongeth to a woman, that being sued in the Law, contemptuously refuseth to appear, as outlawed doth to a man, Regist. orig. fol. 132. b. & 277. a. The reason whereof see in Fitz. 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, i. 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. Lamberds explication of Saxon words, verbo Wallus. Walkers, seem to be those that are otherwise called Foresters. Crompton in his Jurisdictions, fol. 145. 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, Regist. orig. 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. cap. pri. nu. pri. in fine. Cenvocentur (saith he) postmodum servientes & Balivi Hundredorum, & per ordinem irrotulentur Hundrederii sive Wapentakia et nomina servientium, quorum quilibet affidabit quod de quolibet Hundredo elig ●t quatuer milites, qui statim veniant coram Justiciariis ad faciendum praeceptum Domini Regis, et qui statim jurabunt, 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, num. 33. it is most plain in these words: Et quod Angli vocant Hundredum, supradicti comitatus vocant wapentakium. But there he nameth some Shires on this side Trent: as , Leicester-shire, and Northampton 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 majores contra cum conveniebant, & descendente de equosuo, omnes assurgebant ei. Ipse vero, erecta lancea sua, ab omnibus secundum morem soedus accipiebat. Omnes enim quoiqust venissent, cum lanceis suis ipsius hastam tangebant, & ita confirmabunt per contractum ●rmorum, pace palam concessa. Anglicè enim arma vocantur (waepun) & taccare confirmare: quasi armerum confirmatio. Vel ut magis expressè secnndum linguam anglicanam ●icamus, wapentak armorum tactus est (waepun) enim arma sonant (tac) tactus est. Quomokrem poterit cognosci, quòd hac de causa, totus ille conventus dicitur (wapentak) cò 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 Watlinstreet, li. 2. ca 61. ●. universimode. Take Sir Thomas smith's 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 their order then into one place, where was taken a muster of their 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. cap. 2. & anno 9 H. 6. cap. 10. & anno 15 Hen. 6. cap. 7. To maketh mention of Stainctife Wapentake, and Friendless Wapentake, in Craven in the county of York. See Roger Hoveden, part poster. suorum annalium, fol. 346. b. Wards and Liverus (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 Surveiour, 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 (Garde) is the French. Both these be used among our common Lawyers: the one by those that writ in French, the other by those that writ in English. Wherefore for your farther understanding, see Guard, and Garden. Yet is Gardiner sometime used in the English books also: as yeomen of the Gard. And also the keeper of one in his minority, is not called a warden 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 four and twenty 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 five and twenty within the City, and one without, beside other Liberties and the Suburbs. Stow's Survey of London. Also a Forest is divided into wards: Manwood, parte 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 an. 32 Hen. 8. cap. 46. Warden (Gardianus) signifieth all one thing with the French (Garden) 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 Hen. 8. cap. 2. Warden courts, anno 31 H. 6. cap. 3. Warden of the Marches, an. 4 Hen. 7. cap. 8. Wardens and Communality of the lands contributory unto Rochester bridge, anno 18 Elizab. cap. 7. Wardens of peace, anno 2 Ed. 3. cap. 3. Statute Northampton. Warden of the West Marches, Cambd. Brit. pag. 606. Warden of the Forest, Manwood, parte pri. pag. 111, et 112. Warden of the Aulnage, an. 18 Hen. 6. cap. 16. Chief Warden of the Forest, Manwood, parte pri. pag. 42, et 43. Warden of the King's Wardrobe, anno 51 H. 3. statut. quinto. Wardens of the tables of the King's Exchange, anno 9 Edw. 3. statut. 2. cap. 7. et anno 9 Hen. 5. stat. 2. cap. 4. Wardens of the Rolls of the Chancery, anno 1 Edw. 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. Wardmote, is a Court kept in every ward in London, an. 32 H. 8. ca 17. ordinarily called among them, the Wardmote-Court. Wardpeny, is money to be contributed toward watch and ward. Waranty (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 susc●pere, se defensorem profiteri. The Feudists also use this word (guarentus) quo significatur is, qui Latinis author dieitur, & evictionem praestat. lib. 2. Feud. titulo 34. §. 2. The Civilians have a stipulation (habere licere) whereby is signified a power of perpetual and quiet possession to be given, lib. 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. Dectores 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. 19, & 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 feoffor to the feoffee, from him that releaseth to him that is released from 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 1, & haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus, & assignatis suis contra omnes gentes warrantizabimus in perperuum per praesentes. West. parte pri. symbol. li. 2. titulo Feofments, sect. 28, et 288. So a release may be with clause of warranty. Idem, eodem, titulo Releases, sect. 410. There is also a warrant of Attorney, whereby a man appointeth another to do something 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. parte 2. symbol. titulo Recoveries, sect. prim. F. See Attorney. But these warranties in passing land from one to another, be of greatest consequent, and of more intricate understanding. And therefore of these, divers have written at large, as Glanvile, lib. 3. per totum. Bracton, lib. 5. tractat. 4. per totum. Briton, cap. 105. Littleton 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 assignatorum, vel assignatis assignatorum, et eorum haeredibus, et acquietabimus, et defendemus eis totam terram illam cum pertinentiis (secundum quod praedictum est) contra omnes gentes in perpetuum, per praedictum servitium. Per hoc autem quod dicit (Ego et haeredes mei) obligat se et haeredes suos ad warrantiam, propinquos et remotos, praesentes et futuros ei succedentes in infinitum. Per hoc autem quòd dicit (warrantizabimus) sucipit in se obligationem ad defendendum suum Tenementum in possessione rei datae, et assignatos suos et eorum haeredes, et omnes alios, secundum quod supradictum est, si fortè tenementùm datum petatur ab antiquo in Dominico. Per hoc autem quòd dicit (acquietabimus) obligat se et haeredes suos ad acquietabimus) obligat se et haeredes suos ad acquietandum, si quis plus petierit servitii, vel aliud servitium, quam in charta donationis continetur. Per hoc autem quòd dicit (Defendemus) obligat se et haeredes ad Defendendum, si quis velit servitutem ponere reidatae contra formam suae donationi●, 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 by homage (which is called Homage auncestrel) 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 t●y eth himself to warrant the land or tenement to the tenant. And Sir Edward Cook in the fourth book of his Reports, mentioneth the same distinction, Nokes case, fol. 81. a. calling the one a warranty in law, the other an express warranty. Civilians would call these species tacitam et expressam. Warranty (as the said Author of the terms of law saith) is in 2 manners: warranty lineal, & 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 Edw. 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 differences, 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 warranty that is his heir, and now presently living, be he descending or collateral, as it falleth out. For example, A. enfeoff. th' B. in twenty acres of 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 decease 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 didistinction 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 descending 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 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 Warrenter 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. cap. pri. nu. 2. in these words: Inprimis videndum est quid sit warrantizatio. Et sciendum quòd warrantizare, nihil aliud est, quàm defendere & acquietare tenentem, qui warrantum vocabit in seisina sua, etc. With whom agreeth Fleta, saying that Warrantizare nihil aliud est, quam possidentem defendere, lib. 5. ca 15. §. 1. & lib. 6. cap. 23. quod lege per totum. And the former division of lineal and collateral warranty, rather belonging to warranty in the 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, tract. 4. cap. pri. num. 5. saith thus: Videndum est quis vocari possit ad warrantum, & sciendum, quod tam maseulus quam foemina, tam minor, quàm major (dism tamen si minor vocetur, remane at platitum de warrantia in suspenso usque ad aetutem, visicausa fuerit ita favorabilis, quòd aetas expectari non debeat, sicut ex causa Dotis) Item non solum vocandus est ad warrantum ille qui dedit, vel vendidit, verum etiam vocandi sunt eorum haeredes-descendentes in infinitum propter verba in Chartis contenta, Ego, & haeredes mei warrantizabimus tali & haeredibus suis, etc. Et in quo casu tenentur haeredes warrantizare, sive sini propinqui, sive remoti, remotiores, vel remotissimi. Et quod de haeredibus dititur, idem dici poterit de assignatis, et de illis, qui sunt locoallorum haeredum, sicut sunt capitales Domini qui tenentibus suis quasi succedunt, vel propter aliquem defectum, vel propter aliqund 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 afterwards come unto, either by descent, or otherwise ex causa luera●iva. So that if a man have twenty 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, and is contained under this word, Heir. So if he commit felony after such warranty covenanted, and forfeited his lands to his Lord by escheat, the Lord is quesihares in this case, and liable to the warranty sormerly passed. And in these two later cases, warranty in the second signification seemeth to be neither lineal, nor collateral: and at the least, as Littleton, and the other Author have defined, or by example expressed them. But let us define these two species as they be; wherefore lineal warranty is that, which he is called unto by the Tenent, upon whom the land warranted had descended, if the warranty had not been covenanted. For example: A. selleth to B. twenty acre's land with clause of warranty, and afterward dyeth 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 Tenent, upon the covenant of him, from whom the Land could not descend, to the party called. For example: B. the Son purchaseth 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, jam collateral: because the Tenements, if the warranty had not been covenanted by A. could not have descended from him to his Father A. for they were his own by purchase. Many other examples there be of this in Littleton. 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. Tenent in tail, alienated to B. in fee, and dyeth leaving issue, C. afterward. D. Brother to A. and Uncle to C. releaseth to B. with warranty, and dying, leaveth B. his heir being next of blood unto him. This warraaty is collateral, because it descendeth upon C. from his Uncle D. and yet it beginneth not by disseisin 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 Tenent, 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. prim. cap. 3. so the later prejudiceth none that receiveth not sufficient Land from the first warranter to make it good, Bracton, lib. 5. tractat. 4. cap. 8. num. prim. & cap. 13. num. 2. In the Customary of Normandy, cap. 5. you have vouchment de garant, which the Interpreter translateth, Vocamentum Garanti, a voucher or calling of the warranter into the Court to make good his sale or gift. Warrantia diei, is a writ lying in case, where a man having a day assigned personally to appear in Court to any action wherein he is sued: 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 Fitzherb. nat. brev. fol. 17. and fee Glanvile, lib. prius. cap. 8. Warrantia 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 seoffor of his heir. Regist. origin. fol. 157. Fitzh. nat. brev. fol. 134. Of this yond may likewise read Fleta, lib. 6. cap. 35. and West. parte 2. symb. titulo, Fines, Sect. 156. Warrantia icustodiae, 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, Regist. judic. fol. 36. Warrant of Attorney. See Letter of Attorney, and Warranty. Wardwite significat quietantiam misericordiae in casu qno non invenerit quis hominem ad wardam facteudam in castra, vel alibi, Fleta, lib. 1. cap. 47. Warren (Warrenna, alias varrenna) cometh of the French (Garrenne, i. vivarium, vel locus in quo vel aves, vel pisces, vel ferae continentur, quae ad victum duntaxat pertinent) Calapine out of Aulus Gellius, lib. 2. Noct. Attic. ca 20. A warren (as we use it) is a prescription or grant from the King to a man, of having Feasants, Partridges, Coneys, and Hares, within certain of his Lands, Cromptons' Jurisd. 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 these words to this effect: the King may grant warren to me in mine own lands, for Feasants and Patridges 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 fruits of the earth, as to eat Corn, and pill the bark of Apple trees. Master Manwood in his first part of Forest laws, saith thus of it: a warren is a franchise, or privileged place of pleasure, only for those beasts and fowls that are beasts and fowls of warren, tantùm campestres, & non sylvestres, viz. For such beasts & 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. Feasants and Partridges. And none other wildbeasts or birds have any firm peace, privilege, or protection, within the warren. If any person be found to be an offendor in any such free warren, he is to be punished for the same by the course of the Common law, and by the Statute, anno 21 Edward. 3. called the Statute de malefactoribus in parcis & chaceis, etc. For the most part there are no Officers in a warren, but the Master of the Game, or the Keeper. A free warren is sometime enclosed; and also the same sometime doth lie open, for there is no necessity of enclosing the same, as there is of a Park, for if a Park is suffered to lie open, it ought to be seized into the King's King's hands. Thus far M. 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, vum. 9 you have these words: Sint omnes tam primaris quàm madiocres, & minuti, immunes, liberi & quieti ab omnibus provincialibus summonitionibus, et popularibus placitis, quae Hundred laghe Angli dicunt, et ab omnibus a●morum oneribus, quod Warscot Angli dicunt, et forinsecis querelis. Warwis, aliâs Wardwit, is to be quit of giving money for keeping of watches. New exposition of law terms. Wasie (vastum) cometh of the French (gaster, i. populari.) It signifieth diversely 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 178. upon this committed the Writ of waste is brought or the recovery of the things, whereupon the waste is made. See Vast●. Waste may be also made of tenants or bondmen belonging or regardant to the manor. Regist. orig. fol. 72. a. et 73. a. See the new book of Entries, verbo Waste. A waste of the Forest (as M. Manwood saith, parte prim. of his Forest laws, pag. 172.) is most properly where a man doth cut down his own woods within the Forest, without licence of the King or of the Lord Chief Justice in Eyr of the Forest. But it is also, where a man doth blow up his own meadow or Pasture, and converteth it unto tillage. And of this you may read him at large, in his second part, cap. 8. num. 4, et 5. Waste in the second signification is taken for those parts of the Lords Demesns, that be not in any one man's occupation, but lie common for bounds or passages of the Lord and Tenent 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, et vastum: which is a punishment or forfeiture belonging to petit treason, or felony: whereof you may read Stawnf. pl. cor. lib. 3. cap. 30. And see Year, Day, and Waste. Wasters, anno 5 Ed. 3. cap. 14. See Roberds wen. See Draw latches. Wastoll bread, anno 51 H. 3. statute of br. ad, and statute of pillory. Waterbayliffs, seem to be officers in Porttowns for the searching of Ships, an. 28 H. 6. ca 5. Watling street, is one of the four ways, which the Romans are said to ●have made here in England, and called them Consulares, Praetorias, Militares, Publicas, Master Cambden in his Britannia, persuadeth himself that there were more of this sort than four. 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 Saint Albon, and there onward directly toward the Northwest through the Land, as from Dunstable to Westchester, anno 39 El. cap. 2. The second street is called Ikenild street, beginning ab Icenis, who were the people inhabiting Norfolk, Suffolk, and Cambridge shire, as M. Cambden declareth, pag. 345. The third is called Fosse: the reason of the name he giveth, because he thinketh it was ditched on each side. The fourth is called Ermine street, Germanico vocabulo, à Mercurio, quem sub nomine I●munsull, i. Mercurii columma, Germani majores nostri colueru●t. 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 four 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 forth by Devonshire, Somersetshire, and so along by Tetbury upon Toteswould besides Coventree unto Leicester, and thence, by the wide plains to Newark, and to Lincoln, where it endeth. The second he nameth Watling street, coming out of the South east toward the Fosse, beginning at Dover, and passing through the middle of Kent over Thames, beside London near Westminster, and thence to Saint Albon, by Donstable, Stratford, Towceter, Wedon, Lilborn, Atheriston, Gilberts hill, now called Wreaken, by Severn, Workcester, 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 Worchester, by Wicomb, Brinhingham, 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 Holinsheds' Chronicle, and the description of England there, the 19 chapter. Where this antiquity is far otherwise declared, than by the former writers. Henry of Huntingdon likewise in the first book of his History, not far after the beginning, mentioneth these four Streets, terming them calls Regia sublimatos anthoritate, ne aliquis in eyes inimicum invadere auderet, etc. Waterbayliffs, anno 28 H. 6. cap. 5. is an Officer belonging to the City of London, which hath the supervision and search of fish, that is brought to that City, as also the gathering of the toll 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. WE Weif. (wavium) whence it hath his original I cannot certainly say. But I find the 19 chap. of the Grand Customary of Normandy to be entitled (De choses gains) and latined by the Interpreter (De rebus vaivis) which are there tus defined: vaiva sunt res, vel alia, quae nullius proprietati attributa, sine possessionis reclamations sunt inventa, quae usque ad diem & a●●um servanda sunt. Et de●is modo, quo dictum est de veriscis, that is (weeks) ea sua esse probantibus est restitutio facienda, etc. This weif 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 twelfth Chapter of his first book, ns●. 10. reckoneth them inter res quae sunt nullius ea quae pro waivio habentur: sicut de averiis, ubi non apparet Dominus, where he also saith, quòd olim fueruut inventoris de jure naturali, et jam essiciuntur principis de jure 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 Briton in his seventeenth 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 waifs, things lost, and estrays, must by the Lord of the franchise where they are found, be caused to be cried and published in Markets and Churches near about, 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 signif. verb. waif, saith, that waif est pecus vel animal aberrans, which wanders and waivers 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 Sheriffdome. Otherwise the Deteyner may be accused of theft. And it is lawful for the owner to challenge the beast within a year and a day. Whereby it appeareth, that in Scotland that is called a weif which we here call a stray or estray. Would 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 litera W. Wedding (Nuptiae) cometh of the Germane (wed, i. pignus) and wed in Scotland signifieth so much at this day. Skene de verborum signif. 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 well known. There be two sorts of them in use with us. The one called Troy weight, which containeth twelve ounces in the pound, and no more: by the which Pearl, precious stones, electuaries, and 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 Trojanam: as if it came from Troy. But Georg. Agricola in his learned Tractate de ponderibus & mensuris, pag. 339. termeth the pound of twelve ounces, libram medicam, and the other of sixteen 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, is as much as to say, as to have full weight. But by these words (avoir depois) are some time signified such Merchandise as are bought and sold by this kind of weights. The first statute of York, a 9 Ed. 3. in prooem. & an. 27 Ed. 13. stat. 2. cap. 10. & anno 24. H. 8 cap. 13. Of weights in Scotland, See Skene ac verbo signif. verbo Serplathe. All our weights and measures have their first composition from the penny sterling, which ought to weigh two and thirty wheat corns of a middle sort, twenty of which pence make an ounce, and twelve such ounces a pound, or twenty shillings, but fifteen ounces make the Merchant's pound, Fleta lib. 2. cap. 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 Fleta troue weight, plainly appeareth to be all one with that which we now call Troy 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. 1. cap. 12. See auncel weight. Were, aliâs were, signifieth as much as (A stimatio capitis, aut pretium hominis. M. Lamberds explication of Saxon words, verb. A stimatio) 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 than 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. suorum annalium, in Henrico 2. fo. 344. Weregelt thef. significat latronem qui redim● potest. Wera enim anglicè idem est in Saxonis lingua, vel pretium vita h●minis appretiatum. Fleta, lib. 1. cap. 47. West Saxon lage, aliâs West Sexenlage. See Law. WH Wharf (wharfa) is a broad plain place near to a Creek 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 Cervi argentum) is a tribute or mulct paid into the Exchequer out of the Forest of White hart: which (as M. Cambden reporteth in his Britain, 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 Widow (vidua) seemeth to come of the French (vuide, i. inanitus, exinanitus) or the verb (vuider, i. inaniare) quasi privata atque orba marito. Macrobius, l. b. 1. Saturn. ca 15. draweth it from the Hetruscan verb (Iduare, i. dividere. Vnde vidua quasi valde idua, i. valde divisa: aut vidua, i. à 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 praerog. made anno 17 Ed. 2. be these: Item assignabit viduis post mortem virorum suorum, qui de eo tenu●runt in capite, dotem suam, quae cas contingit, etc. licet haeredes fuerint plenae aetatis, si viduae voluerint. Et viduae illae ante assignationem dotis suae praedictae, sive haeredes plen● aetatis fuerint, sive infra aetatem, jurabunt, quòdse non maritabunt sine licentia Regis. Tunc Rex capiet in manum suam nomine districtionis omnes terras, & tenementa, quae de eo tenentur in dotem, donec sat isfecerint ad voluptatem su●m: it a quod ipsa mulier nihil capiet de exitibus, etc. quia par hnjusmodi districtiones hujusmodi mulieres, seu viri eorum finem facient Regi ad voluptatem suam. Et illa vol●●tas tempore Regis Henric. patris Regis Edwardi aestimari consuevit ad valentiam praedictae dotis per unum annum ad plus, nisi ulteriorem gratiam habuerint. Mulieres, quae de Rege tenent in capite aliquam haereditatem, jurabunt similiter, cujuseunque fuerint aetatis, quod se non mar it a●unt sine licentia Regis. Et si fecerint, terrae & tenementa ipsarum eodem modo capiantur in manum Domini Regis, quousque 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. brev. 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 secunda) & (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 (wehre●, i. veto) and (vyman) 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 Sheriff cannot upon the Replevin make deliverance thereof to the party distreined: In which case, the Writ of Withernam, or de vetito Namio is directed to the Sheriff, for the taking of as many of his beasts that did thus unlawfully distrein, 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 Sheriff may take with him the power of the County, and beat down the Castle, as it appeareth by the Statute, Westm. pri. cap. 20. Briton cap. 27. But Mr. Lamberds Interpretation, seemeth more consonant to the Writ, the form whereof is thus in part (Fitzh. nat. br. fol. 73.) Tibi praecipimus quòd averia praedicti B. in Balliva tua capias in withernam, etc. and the Register original, fol. 82. & 83. & 79. a. & 80. a. and in the Regist. judic. fol. 29. a. & 30. a. Whereby it appeareth that the Sheriff by these words is willed to take in compensation of the former taking so many cattles, etc. But yet this may qualify Master 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 justiciari, et ea, de quibus judicium vel vecordatio habet fieri in curia: debet (sc. Justice arius) retrahere vel recitare. Treugam dari debet facere, quod est assecuratio pacis. observandae. Nampta injuste capta per jus facere liberari, etc. Here you may see (Nampta) referred to the first taking or distress, which is unlawful. Sir Tho. Smith in his Repub. Anglor. agreeth with M. Lamberd in these words: This (withernam) he, meaning Littleton, with whom Bracton also agreeth, lib. 2. cap. et 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 accip●re, 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 , Skene de verbor. signif. verbo Averis: whom also read, verbo Namar●. Withernam in Bracton, lib. 3. tract. 2. cap. 37: and also in Westm. 2. cap. 2. seemeth to signify an unlawful distress, made by him that hath no right to distrein, anno 13 Ed. prim. cap. 2. See the new book of Entries. Verbo Withernam. woe Woad (glastum) is an herb brought from the parts of Tolouse in France, and from Spain, much used and very necessary in the dying of cloth, anno 7 H. 8. cap. 2. we call it woad of the Italian word (guado) or the Germane 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. 157. Woodmen, seem to be those in the Forest, that have their charge especially to look to the King's woods. Manwood, parte pri. of his Forest laws, pag. 193. and Cromptons' Jus risd. fol. 146. Woodmote court, is the Attachment of the Forest. Manwood, parte 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' jurisd. 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 shall be woodward there: you shall not conceal any offence either in Vert or in Venison, that shall be 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, parte pri. of his Forest laws, pag. 189. and more of him, pag. 97. Woold●iver, anno 2, et 3 Ph. et Ma. cap. 13. be those that buy Wool abroad in the Country of the Sheep masters, and carry it by horseback to the Clothiers, or to Market towns to sell it again. Woolferh: fod (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 or 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 King Edward, set out by M. Lamberd, fol. 127. b. nu. 7. The very like whereof Bract●n also saith, lib. 3. tract. 2. cap. 11. See Vtlary. Roger Hoveden writeth it (Wulvesheved, 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. Wool-staple, 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. et anno 23 H. 8. cap. 17. et an. 18 Eliz. cap. 25. Would. See Weald. Wranglands, seem to be mis-grown Trees that will never prove Timber, Kitchen, fol. 169. b. Wormseed (Semen sanctonicum) is a medicinal seed brought forth of that Plant which in Latin is called (Sementina) in English, Holy worm wood, whereof you may read in Gerard's Herbal, li. 2. cap. 435. This is a Drug to be garbled, anno 1 Jac. cap. 19 WR Wreck (wreecum 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 Edward Coke, vol. 6. relatio, fol. 106. a. and the Statute anno 17 Edward 2. cap. 11. in these words, Item Rex habebit wreccum maris, per tatum Regnum, ballenas, et sturgeones captas in mart vel alibi infra Regnum, except is 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: Sunt etiam aliae res quae pertinent ad Coronam propter privilegium Regis, et ita communem non recipiunt libertatem, quin dari possint, & ad alium transferri. Quia si transferantur, translatio nussi erit damnosa, nisi ipsi Regi sive Principi, Et si hujusmodi 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 (jure naturali) to be (in bonis nullius) quia non apparet Dominus eorum, sed jure Gentium fieri principis: And see him also lib. 2. cap. 24. nu m. 1, et 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 Sir Edward Coke, vol. 6. fol. 107. a. No, if either a Dog or Cat escape alive to the Land, the goods are the Owners still, so he come within a year and a day to claim them. And for this the Statute is plain, Westm. prim. cap. 4. anno 3 Edward prim. which doctrine Fitzherbert in his Natura brevium, fol. 112. E. 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 Normanny, cap. 17. is called (varech) and latined (veriscum) 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-mens' miseries in this case. For he quietum clam evit wreck suis subditis. Rog. Hoveden part poster. suerum ann●l. fol. 386. Of this M. Skene de verb. siguif. 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 Thomas smith's judgement, lib. 2. de Repub. Anglorum, ca 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 Tenent to be summoned, a distress to be taken, a disseisin to be redressed, etc. And these writs are diversely 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. brev. 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 Original 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. Fitz. 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 Procedendo. See the new book of Entries, verbo Privilegt. See Brief. Writ of Rebellton. See Commission of Rebellion. Writer of the Tallies (Scriptor talliarum) is an Officer in the Exchequer, being Clerk to the Auditor of the Receipt, who writeth upon the Tallies the whole letfers of the Tellers bills. Y. YA YArd lands (Virgata terrae) 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 Countries it containeth 20 acres, in some 24. in some 30. as M. Lamberd saith, in his explication of Saxon words, verbo virgata terrae. This Yard land Bracton calleth (virgatam terrae, lib. 2. cap. 10. et 37.) but he expresseth no certainty what it containeth. YE Year and day (annus et 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 prescrition 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; Essoins in respect of the King's service: of a wreck, and divers 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 mortiferè fuerit vulneratus, et posteà post longum intervallum mortuus fit, inde annum numerabimus secundum julianum. l. ait lex n. ad legem Aqui●. Year, day, and wasto (annus, dies, et 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 Manor, 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, pasture, 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, Siawnf. prarog. cap. 16. fol. 44. et seq. YOU 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 out by M. Manwood, parte prim. fol. prim. num. 2. in these words. Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend) ●uncupant, Dani vero (young men) vecaut, locati, qui curam et onus tum vi●id●s tum veneris suscipiant. These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen, calling them (jugenuos) whose opinion the Statute affirmeth, anno 6 R. 2. cap. 4 Whereunto add the Statute, anno 20. ejusdem 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 ●ee man born, that may dispend of his own free land, in yearly revenue, to the sum of 40 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 (Younger) 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 Saxons (Geman) which signifieth a married man. M. Verstegan in his restitution of decayed intelligence, cap. 10. writeth that (Gemen) among the ancient teutonics, and (Germein) 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 writeth Yemen; and that therefore Yemen, or Yeomen signifieth so much as Commoner. Yoman signifieth an Officer in the King's house, which is in the middle place between the Sergeant and the Groom: as yeoman of the Chaundry; and yeoman of the Scullery, an. 33 Hen. 8. cap. 12. yeoman of the Crown, anno 3 Ed. 4. cap. 5. & anno 22 ejusdem, 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.