The interpreter: or Booke containing the signification of vvords wherein is set foorth the true meaning of all, or the most part of such words and termes, as are mentioned in the lawe vvriters, or statutes of this victorious and renowned kingdome, requiring any exposition or interpretation. ... Collected by Iohn Cowell ...

The signification of Words.

A B

ABATE (Iu∣trudere) see∣meth to be ta∣ken from the French Aba∣tre, i. decutere, destruere, pro∣sternere. It is in the Writers of the Common law vsed both a∣ctiuely and passiuely, or rather neuterly: as to abate a castell or a fortlet, Old. Nat. br. fo 45. which in Westm. 1. cap. 17. is plainely in∣terpreted to be as much, as to beate downe. And to abate a Writ, is by some exception to defeate or ouerthrow it, Britton. cap. 48. And in this Actiue voice it hath two significations: one generall, another speciall: gene∣rall, as in the former examples: and againe in Kitchin fol. 173. A∣bater meason, is to ruine or cast downe a house: especiall, as in the Old. Nat br. fol. 115. A stran∣ger abateth, that is, entreth vpon a house or lād void by the death of him that last possessed it, be∣fore the heire take his possession, and so keepeth him out. Where∣fore as he that putteth out him in possession, is said to disseise: so he that steppeth in betweene the former possessor and his heire, is said to abate. In the neuter sig∣nification it is vsed, ann. 34. Edw. 1. stat. 2. of ioynt tenants, viz. the Writ of the demandant shall a∣bate, that is, shall be disabled, frustrated or ouerthrowne. So in Stawnfords plees of the crowne, fol. 148. In this case a man may say, that the appeale abateth by covin, that is, that the accusation is defeated by deceit. See Intru∣sion.

Abatement (Intrusio) cōmeth also of the French (abatement) i. deiectio, decussio, prostratio, and is likewise vsed as the verbe (abate) both actiuely and passiuely: som∣time signifying the act of the a∣bator; as the abatement of the heire into the land before he hath agreed with the Lord. Old nat. br. fol. 91. Sometime the af∣fection or passion of the thing a∣bated, as abatement of the writ. Kitchin. fol. 214. And in this sig∣nification it is as much as excep∣tio dilatoria with the Civilians, Brit. cap. 51. or rather an effect of

it. For the exception alledged, and made good, worketh the a∣batement. And this exception may be taken either to the insuf∣ficiencie of the matter, or to the incertaintie of the allegation by the misnaming of the plaintiffe, defendant, or place, to the vari∣ance betweene the Writ and the specialtie, or record, to the in∣certaintie of the VVrit, count, or declaration, or to the death of the plaintiffe or defendant: new tearmes of the law, verbo, Abate∣ment of Writ. And he that will reade more of this, may looke v∣pon the new booke of Entries, verbo, Briefe.

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 entred or taken vp by his heire. Old. nat. br. fol. 115. Per∣kins fol. 76. If there be a disseis∣sor, abator, or intrudor vpon any land by the deceipt of the wo∣man, &c.

Abbot (Abbas) in French Abbè, is by skilfull Linguists said to come from the Syriacke word (Abba) i. pater, and in our com∣mon law is vsed for him that in the covent or fellowship of Ca∣nons hath the rule and prehemi∣nence. He is by Iustinian. novel. constitut. 115. §. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. tear∣med Archimandrita, of others Coenobiarcha, vel Archimonachus, Hoto. in verbis feuda. Of these some here in England were mi∣tred, some not: Stowes annals, pa. 442. And those that were mi∣tred, were exempted from the iurisdiction of the diocesan, ha∣uing in themselues episcopal au∣thoritie within their precincts, and being also Lords of the Par∣lament. Of this kind thus saith Corasius; Aliqui Abbates habent iurisdictionem episcopalem, ad quos cum Ecclesia pleno iure pertineat, in eorum Monasteriis Episcopus nihil exercet, cap. Ea quae. Vbi Panor. extra de statu Monacho. Haec di∣ctus author in Paraphrasi de sacer∣dotio. materia, parte pri. cap. 9. And these were called Abbots soue∣raigne, anno 9. R. 2. cap 4. and Ab∣bots generals, as M. Fearne no∣teth in his glory of generositie. pag. 126. The other sort were sub∣iect to the diocesan in all spiri∣tuall gouernement, cap. Monaste∣ria, 18. quaest. 2. cap. Abbas. & cap. visit andi, cum quatuor sequentibus ibidem. ca. Omnes. 16. quaest. 7. & cap. Cùm venerabilis. extra de reli∣gîosis domibus. And as Abbots, so were there Lord Priors also, who both had exempt iurisdiction, & were Lords of the Parlament, as appeareth by S. Edward Cooke de iure Ecclesiastico, fol. 28. a.

Abeyance, seemeth to be deri∣ued from the French (Abayer. i. allatrare,) to barke at, as dogs do against a stranger, or spaniels

at a Fesant put to the pearke. So children are said (bayer à la mamme) when seing the dug, they struggle and make meanes to∣wards it. And they likewise (ba∣yer a l'argent) qui spe atque animo incumbunt pecuniae. This word in Litleton, cap. Discontinuance, is thus vsed. The right of Fee-sim∣ple lyeth in abeyance: that is, (as himselfe interpreteth) all onely in the remembrance, intendmēt, and consideration of the law. Al∣so in the same place: the Francke tenement of the glebe of the parsonage, is in no man during the time that the parsonage is void, but is in abeyance. And againe: It is a principle in lawe, that of euery land there is Fee-simple in some man, or the Fee-simple is in abeyance. Conside∣ring these places, and comparing them with the signification of the French word, I am driuen to thinke, that our auncient Law∣yers would signifie hereby a kind of hope, or longing expectance: because that those things that be in abeyance, though for the pre∣sent they be in no man, yet they are in hope and expectation be∣longing to him that is next to enioy them. For I find also in the French, that vn bayard, is avidus spectator, a greedy beholder. I cannot in mine owne opinion better compare this, then to that which the Civilians call haeredi∣tatem iacentem. For as Bracton saith (lib. 1. cap. 12. nu. 10.) Hae∣reditas iacens nullius est in bonis an∣te aditionem. Sed fallit in hoc quia sustinet vicem personae defuncti, vel quia speratur futura haereditas eius qui adibit. So that (as the Civili∣ans say) goods and lands do ia∣cere, whilest they want a posses∣sor, and yet not simply, because they had lately one, and may shortly haue another: so the common Lawyers do say, that things in like estate are in abey∣ance. Reade farther of this in the new tearmes of lawe, and in Plowdens reports, casu VValsing∣ham, fol. 554. a.

Abet (Abettare) may without absurditie be said to proceed frō the French (bouter) i. ponere, appo∣nere, impellere, propellere. It signifi∣eth in our common law as much as to encourage or set on. The substantiue (abetment, abettum) is vsed 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 verbe and noune is alway vsed in the euill part.

Abishersing (according to Ra∣stall in his Abridgement, titulo Exposition of law words) is to be quit of amerciaments before whom soeuer of transgression. The author of the new tearmes calleth it otherwise (Mishersing)

and saith it is to be quit of amer∣ciaments before whom soeuer of transgression proued. I am of opinion that the word original∣ly signifieth a forfeiture, or an a∣merciament, and that it is much transformed in the writing by misprision and ignorance of Clerkes: thinking it very pro∣bable, that it proceedeth from the Germane verbe (Beschetzen) which is as much as fisco addicere vel confiscare. It seemeth by the former authors to be tearmed a freedome or libertie, because he that hath this word in any char∣ter or grant, hath not onely the forfeitures and amerciaments of all others within his fee for transgressions, but also is himself free from all such controule of any within that compasse.

Abiuration (Abiuratio) signifi∣eth in our common law asworne banishment, or an oath taken to forsake the realme for euer. For as Stawnford pl. cord. li. 2. cap. 40. saith out of Polydore Virgils ele∣uenth booke of Chronicles, the deuotion toward the Church first in S. Edward a Saxon king, and so consequently in al the rest vntil anno 22. H. 8. was so earnest that if a man hauing committed felonie, could recouer a church or church yard before he were apprehended, he might not be thence drawne to the vsuall trial of lawe, but confessing his fault to the Iustices at their comming, or to the Coroner, before them, or him giue his oath finally to forsake the realme. Of this you may reade a touch, anno 7. Hen. 7. cap. 7. But the forme and effect of this you may haue in the old abridgement of Statutes, titulo. Abiuration. nu. 3. taken out of the auncient Tractate intituled, De officiis coronatorum: as also in Cromptons Tractate of the office of the Coroner, fol. 206. b. and in the new booke of entries, verbo, Abiuration: and in Andrew Ho∣rus myrror of Iustices, lib. 1. cap. del office del coroner. This part of our lawe was in some sort pra∣ctised by the Saxons, as appea∣reth by the lawes of king Edward set out by M. Lamberd, nu. 10. but more directly by the Normans, as is euident by the grand custo∣marie, cap. 24. where you haue these words in effect: He that flyeth to a Church, or holy place, may stay there for eight dayes. And at the ninth day he must be demaunded, whether he will yeeld himselfe to secular iustice, or hold him to the Church. For if he will, he may yeeld himselfe to the lay Court: if he will cleaue to the Church, he shall forsweare the countrie before the Knights and other people of credit, which may witnesse the act, if need re∣quire. The forme of the oath is likewise there set downe with

the rest of the proceeding in this matter very agreable with ours. This mercie as well of the Saxōs as Normans deriued vnto vs, something resembleth that of the Romaine Emperors toward such as fled to the Church, lib. 1. Co. titulo 12. or to the images of themselues, eodem. titulo 25. And also that of Moses touching the cities of refuge, Exod. cap. 21. vers. 13. Numb. cap. 35. vers. 6. 11 12. Deut. 19. vers. 2. Ios. 20. vers. 2. But as it was in our auncestors dayes larger by great oddes in this realme, so had it lesse reason, as it may appeare to all that will compare them. Of all circum∣stances belonging to this abiu∣ration, you may farther reade the new tearmes of lawe: Stawn∣ford vbi supra, and such others. But this grew at the last vpon good reason to be but a perpe∣tual confining of the offender to some Sanctuarie, wherein, vpon abiuration of his liberty and free habitations, he would chuse to spend his life, as appeareth, anno 22. Hen. 8. cap. 14. And this bene∣fite also by other statutes is at the last wholly taken away. So that abiuration at this day hath place but in few cases: and if it be inflicted vpon any, it is not a confining to a Sanctuarie (for there be no Sanctuaries remai∣ning amongst vs) but a sworne banishment out of the Kings do∣minions. This the Civilians call exilium, or deportationem, lib. 28. Digest. titulo 22. de interdictis, re∣legatis & deportatis.

Abridge (Abbreniare) cōmeth of the French (abreger) and in one generall language signifieth as much as to make shorter in words, holding still the whole substance. But in the common lawe it seemeth (at the least for the most part) to be more parti∣cularly vsed for making a decla∣ration or count shorter by sub∣tracting or seuering some of the substance therein comprised. As for example: a man is said to a∣bridge his plaint in an Assise, or a woman her demaund in an a∣ction of dower, that hath put in∣to the plee or demand any land not in the tenure of the tenant or defendant: and finding that by his answer, razeth those par∣cels out of the plee, praying an∣swer to the rest. So that here (a∣bridger) is not (contrahere) but rather subtrahere. Termes of the lawe. Broke. titulo, Abridgement. and anno 21. Hen. 8. cap. 3. Of this the Civilians haue no vse, by rea∣son of certaine cautelous clauses, they ordinarily haue at the end of euery position or article of their libell or declaration to this effect: Et ponit coniunctim, divisim, & de quolibet, & de tali & tanta quantitate vel summa qualis & quanta per confessionem partis ad∣versae,

vel per probationes legitimas in fine litis apparebit. And againe, in the conclusion of all: Non a∣stringens se ad singula probanda, sed potens, vtquatenus probauerit in prae∣missis, aut eorum aliquo, eatenus ob∣tineat. By vertue of which clauses the plaintiffe faileth not in the end by any ouer or vnder de∣mand, neither is driuen to begin his action againe, but obtaineth for so much as he proueth to be due, though not to the heithe of his demaund.

Abridgement (abbreuiamentum) see Abridge.

A C

ACcedas ad Curiam, is a Writ that lieth for him, who hath receyued false iudgement in a court Baron, being directed to the Sheriffe, as appeareth by Dyer, fol. 169. nu. 20. Like as the writ De falso iudicio lyeth for him that hath receiued false iudge∣ment in the county Court: the forme whereof you may see in Fitzh. nat. br. fol. 18. d. and in the Register fol. 9. b. where it is said, that this writ lyeth for iustice de∣layed, as well as falsly giuen. It is a species of the writ called (Re∣cordare) Register originall, fol. 5. b. and Fitzh. vbi supra.

Accedas ad Vicecomitem is a writ directed to the Coroner cō∣manding him to deliuer a writ to the Sheriffe, that hauing a (pone) deliuered vnto him, doth suppresse it, Regist. origin. fol. 83.

Accessory (Accessorius vel Ac∣cessorium) is vsed in our common lawe, otherwise then among the Ciuilians. For whereas with them it is generally takē for any thing depending vpon another: here though it be so likewise, yet most commonly and notoriously it signifieth a man that is guiltie of a fellonious offence, not princi∣pally, but by participation: as by commandement, aduice, or concealement. And a man may be accessorie to the offence of another after two sorts: by the common lawe, or by statute: and by the common lawe two waies also: that is, before or after the fact. Before the fact, as when one commaundeth or aduiseth another to commita felony, and is not present at the execution thereof. For his presence ma∣keth him also a principall: wher∣fore there cannot be an accesso∣rie before the fact in manslaugh∣ter, because man-slaughter is so∣daine and not prepensed, Cooke lib. 4. fol. 44. a. Accessorie after the fact, is when one receiueth him, whom he knoweth to haue committed felonie. Accessorie by statute is he that abetteth, councelleth, or hideth any man committing or hauing commit∣ted an offence made felony by statute. For though the statute make no mention of abet∣tours,

&c. yet they are by inter∣pretation included. Of all these consult with Stawnf. pl. cor. lib. 1. cap. 45. 46. 47. 48. There is also an accessorie of an accessorie, as he that wittingly receiueth an accessorie to felonie. lib. Assis. 26. pl. 51. Coron. Fitzh. 196. Stawnf. pl. cor. li. 1. cap. 48. And the lawe of England is, that so long as the principall is not at∣tainted, the accessorie may not be dealt with, Stawnf. vbi supra. The reason whereofyou may see, Cooke lib. 4. fol. 43. b. And this is also true by the ciuill lawe. Claudius de Battandier. in pract. crim. regula 101. at the least vn∣till the principall be certainely knowne. Of this subiect reade M. Cromptons Iustice, fol. 37. b. 38. 39.

Acceptance, is a receiuing of a rent, whereby the receiuer bin∣deth himselfe for euer to allow a former fact done by another, whether it be in it selfe good or not new tearmes of law.

Accompte (computus) is in the cō∣mon lawe taken for a writte or action brought against a man, that by meanes of office or busi∣nesse vndertaken, is to render an account vnto another: as a bailife toward his Master, a guardian in socage toward his ward, & such others, as you shall find particu∣larly named by Fitzh. in his nat. br. fo. 116. where you may also haue the forme and further vse of this writte. See ex parte talis.

Accroche. See enchrochement. This word accroche is vsed. ann. 25. Ed. 3. Stat. 3. ca. 8.

Achat. commeth of the french (achet. 1. emptio, nundinatio) and is vsed for a contract or bargain. Broke. tit. contract.

Acquitall, signifieth in our cō∣mon law most ordinarily a deli∣uerance & setting free from the suspicion or guiltines of an of∣fence: and is twofold: acquitall in law, or acquital in fact. Acqui∣tall in law is, when two be ap∣pealed or endicted of felony, one as principall, the other as acces∣sorie, the principall being dis∣charged, the accessorie by conse∣quent is also freed. And in this case as the accessorie is acquit∣ted by law, so is the principall in fact. Stawnf. pl. cor. fo. 168.

Acquittance (Acquietantia) cō∣meth from the french (quicter or quitter. i. acceptò ferre, or quictance. i. acceptitatio, apocha.) and signifi∣eth a release or discharge from a dept formerly due. But the verbe (acquite), the participle (acqui∣ted) & the nowne (acquital) sig∣nifie also a discharge or cleering from an offence obiected, as: ac∣quited by proclamation. Smith de rep. Anglo. pa. 76. Stawnf. pl. cor. fo. 168. Broke. tit. Acquitall. See the new tearmes of lawe. verbo, acquitall & acquittance.

Acquietandis plegiis, is a Writ lying for a suretie against the cre∣ditour that refuseth to acquite him, after the debt is paid by the debtour, Register ori. fol. 158. where it appeareth that this is a Iusticies.

Acre (acre) is a certaine quā∣titie of land containing in length 40. perches, and foure in breadth, or to that quantitie, be the length more or lesse. And if a man erect any new cotage, he must lay 4. acres of land to it after this mea∣sure, anno 31. Eliza. cap. 7. and with this measure agreeth M. Crompton in his iurisdiction of Courts, fol. 222. though he say also, that according to the diuers customes of diuers countries the perche differeth, being in some places, and most ordinarily, but 16. foot dimid. But in the Coun∣ties of Stafford 24. foote, as was adiudged in the case betweene Sir Ed. Aston, and S. Iohn B. in the Exchequer. In the Statute made of sowing of Flaxe, ann. 24 H. 8. cap. 4. eight score perches make an acre, which is 40. mul∣tiplied by 4. See also the ordi∣nance of measuring land, made anno 34. Ed. 1. Stat. 1. which a∣greeth with this accompt. The word (acre) seemeth to come from the Germane word (acker) which is all one with the Latine (ager.)

Action (actio) is defined by Bracton lib. 3. cap. 1. as it is by Iu∣stinian. li. 4. Instit. titulo. de actio∣nibus, viz. Actio nihil aliud est quàm ius persequēds in iudicio quod alicui debetur. Action is princi∣pally diuided by Iustinian, in per∣sonalem & realem: by Bracton, in∣to personall, reall, and mixt: a∣ction personall is that, which be∣longeth to a man against ano∣ther 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 an∣swer, Bract. lib. 3. cap. 3. nu. 2. A∣ction reall is defined to be that which is giuen to any man a∣gainst another, that vpon any cause possesseth or occupieth the thing required or siewed for in his owne name, and none other mans: and in this onely 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 nomi∣nare. This definition & reason he farther exēplifieth in the words there following, which he that wil may reade at large. Action mixt is that, which lyeth aswell against or for the thing which we seeke, as against the person that hath it: and is called mixt, because it hath a mixt respect both to the thing & the person, Bract. lib. 3. cap. 3. nu. 5. For

example, the diuision of an inhe∣ritance betweene coheyres or copartners, called in the ciuill lawe (actio familiae exciscunde:) secondly, the diuision of any particular thing being common to more, called likewise (actio de communi dividundo:) this kind of action (saith Bracton) doth seeme to be mixt, because it lyeth as well against thing, as the per∣son: and indeed so do other ex∣cellent Civilians, as Cuiacius and Wesenbecius in their Paratitles. Π. finium regund. And though Iusti∣nian in his first diuision omitteth the third member: yet afterward in the same title, §. 20. he saith as these men do, viz. that there be certaine actions (naming these and other of like nature) that seeme to haue a mixture, &c. Of this you may also reade Britton at large in his chapter 71. And this diuision of action springeth frō the obiect or matter, wherabout it consisteth, Wesenb. parat. 〈◊〉〈◊〉. de actio. & obliga. The author of the new tearmes of law defineth a mixt action to be a suite giuen by the lawe to recouer the thing demaunded, and also the dam∣mages for wrong done: as in As∣sise of nouel disseysin: the which writ, if the diffeisour make a feof∣ment to another, the disseiseur shall haue remedie against the disseisour and the feoffer, or o∣ther land tenant, to recouer not onely the land, but the damma∣ges also. See the rest. These words occasion me to shew, that actio is by the ciuill lawe called mixta in two respects: Nam quae∣dam mistae sunt quòd in se, & actio∣nis in rem, & actionis personalis na∣tur am habeant, & in iis, & actor & reus vterque sit, l. actionis verbo. §. fina. Π. de obliga, & actio. Tales sunt actio familiae ercise. communi diui∣dun. & finium regun. quaedam verò mistae sunt, quòd remsimul & poenam persequantur, vt in actione vi bono∣rum rapt. legis Aquiliae, & ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis re∣licta soluere distulerunt. And of this later sort is the example that the said author bringeth of a mixt action.

Action, is also by the Civilians divided, of the efficient cause, in civilem & praetoriam. Whereof the one riseth out of the common civil lawe, the other from some edict of the Pretour. Who being cheife Iusticer, had authoritie for his yeare, to supply the defects of the general law by his especial edicts. And a division not vnlike this may be made in the com∣mon law of England, one grow∣ing from the auncient qustoma∣ry law, the other from some sta∣tute. Broke. tit. Action sur le statut.

Action of the finall cause, is divided into civil, poenal, & mixt.

Cooke vol. 6. fo. 61. a. Action civile is that, which tendeth onely to the recouerie of that which by reason of any contract or other like cause, is due vnto vs: as if a man by action seeke to recouer a summe of money formerly lent, &c. Action penall is, that ai∣meth at some penaltie or punish∣ment in the partie sued, be it cor∣porall or pecuniarie. As in the action legis Aquiliae in the civile lawe: whereby in our common lawe the next frends of a man feloniously slaine or wounded, shall persue the law against the murderer, or him that wounded him, to condigne punishment. Bract. li. 3. ca. 4. Action mixt is that, which seeketh both the thing whereof we are depriued, and a penaltie also for the vniust deteyning of the same: as in an action of tithe vpon the statute. anno. 2. & 3. Ed. 6. ca. 13.

Action is also, according to the forme of petion divided into such as are conceiued to recouer either the simple value of the thing chalenged, or the double, the triple, or quadruple. Bract. li. 3. ca. 3. nu. 6. So doeth Decies tan∣tum lie against embracers. Fitzh. nat. br. fo. 171. and against iu∣rours that take mony for their verdict of one part, or the other, or both. And to be short, any o∣ther action vpon a statute that punisheth any offence by restitu∣tion, or fine proportionable to the transgression.

Action is preiudiciall (other∣wise called preparatorie) or els principall: preiudiciall is that which groweth from some que∣stion or doubt in the principall: as if a man sue his younger bro∣ther for land descended from his father, and it be obiected vnto him that he is a bastard. Bract. li. 3. ca. 4. nu. 9. For this pointe of bastardie must be tried before the cause can farder proceede, & therefore is termed preiudicialis, quia prius iudicanda.

Action is either awncestrell, or personall. Stawnf. pl. cor. 59. Aun∣cestrel seemeth to be that, which we haue by some right descen∣ding from our auncester vpon vs: and that personall, which hath the beginning in and from our selues.

Action vpon the case (actio super casu) is a generall action gi∣uen for redresse of wrongs done without force against any man, and by lawe not especially pro∣vided for. For where you haue any occasiō of suite, that neither hath a fitte name, nor certaine forme alreadie prescribed: there the clerkes of the chauncerie in auncient time conceiued a fitte forme of action for the fact in questiō: which the Civilians call actionem infactum, & our com∣mon lawyers action vpon the

case. In factum actiones dicuntur ideo, quia quod nomine non possunt exprimere negotium, id rei gestae e∣narratione declarant citra formulā ac solennitatem vllā: Cuiacius & Gothofredus ad Rubricam de prae∣scriptis verbis. And whereas in the civile lawe there are two sorts (actionis in factum) one tearmed actio in factum ex praescriptis verbis, the other actio in factum praetoria. We semb. parat. de praescrip. verb. the former growing vpon words passed in contract, the other more generally vpon any fact touching either contract or of∣fence formerly not provided a∣gainst, this action vpon the case seemeth in vse to bemore like to the pretours action in factum, then to the other: because in the perusall of the new booke of entries, and Brookes his abridge∣ment heerevpon, I perceiue that an action vpon the case lieth as well against offenses, as breach of contract. Of this see more in the word Trespas.

Action vpon the statute (actio super statuto) is an action brought against a man vpon breach of a statute: to be resembled in mine opinion to any action giuen in the lawe imperiall, either vpon edictum praetoris, plebiscitum, or se∣natusconsultum. For as the Pre∣tour, so the common people in comitijs tributis, & the Senatours or nobility in curia vel senatu, had power to make lawes, wherevp∣on the Pretour or other Iudges permitted action. And euen so our high court of Parlament maketh Statutes against such of∣fēces, as are either newly grown, or more and more increased: and our Iudges intertaine their plees, that commence actions against the breakers of them.

Action is perpetuall or tem∣porall (perpetua vel temporalis) and that is called perpetuall, the force whereof is by no time de∣termined. Of which sort were all ciuill actions among the aunci∣ent Romaines, viz. such as grew from lawes, decrees of the Se∣nate, or constitutions of the Em∣perors: whereas actions granted by the Pretor, died within the yeare, de perpet. & tempor. actio. in Institut. So we haue in England perpetuall and temporarie acti∣ons: and I thinke all may be cal∣led perpetuall, that are not ex∣presly limited. As diuers Statutes giue actions, so they be pursued within the time by them prescri∣bed, namely, the Statute anno 1. Ed. 6. cap. 1. giueth action for 3. yeares after the offences therein shall be committed, and no lon∣ger: and the Statute anno 7. H. 8. cap. 3. doth the like for foure yeares, and that anno 31. Eliz. cap. 5. for one yeare & no more. But as by the ciuill lawe no actions were at the last so perpe∣tual,

but that by time they might be prescribed against: as actiones in rem, decem aut viginti terminan∣tur annis, personales verò triginta. §. 1. de perpet. & temp. actio. in In∣stitutio. & l. 3. Co. de praescript. 30. annorum: so in our common law, though actions may be called perpetual in comparison of those that be expressely limited by sta∣tute: yet is there a means to pre∣scribe against reall actions with∣in fiue yeares, by a fine leuied, or a recouerie acknowledged, as you may see farther in the word, Fine, and Recouerie. And for this also looke Limitation of assise.

Action is farther diuided, in actionem bona fidei & stricti iuris. Which diuision hath good vse in our common lawe likewise, though the tearmes I find not in any of their writers. But of this, and such like diuisions, because they haue as yet no apparent ac∣ceptance amongst our Lawyers, but onely a hidden vse, I referre the reader to the Ciuilians, and namely to Wesenb. in his Parati∣tles. Π. De obligatio. & actio.

Addition (additio) is both the English and French word made of the Latine, and signifieth in our common law a title giuen to a man ouer and aboue his Chri∣stian and surname, shewing his estate, degree, occupation, trade, age, place of dwelling, &c. For the vse wherof in originall writs of actions personale, appeales, and indictments, it is prouided by Statute anno 1. H. 5. cap. 5. vpō the penaltie therein, expressed. Tearmes of the lawe. Broke far∣der addeth, that it is likewise requisite in townes, and gates of townes; parishes in great townes and cities, where there may be any doubt, by reason of more townes, gates, or parishes of the same name, titulo Addition. See al∣so M. Cromptons Iustice of peace, fol. 95. 96.

Adeling was a word of honor among the Angles, properly a∣pertaining to the Kings children, whereupon king Edward being himselfe without issue, and in∣tending to make Eadgare (to whome he was great Vnkle by the mothers side) his heire to this kingdome, called him Adeling. Roger Houedine, parte poster. suo∣rum Annal. fol. 347. a.

Adiournment (adiurnamen∣tum) is almost all one with the French (adiounrement. i. denuncia∣tio vel diei dictio) and signifieth in our commō law an assignement of a day, or a putting off vntill another day, Adiournment in eyre, (anno 25. Ed. 3. Statute of pour∣veyers, cap. 18.) is an appoint∣ment of a day, when the Iustices in eire meane to sit againe. Ad∣iourn. anno 2. Edw. 3. cap. 11. hath the like signification. And this whole title in Broke his abridge∣ment

proueth the same. The ba∣stard Latine word (adiurnamen∣tum) is vsed also among the Bur∣gundians, as M. Skene noteth in his booke De verbo signi, verbo, Adiurnatus, out of Chassaneus de consuet. Burg.

Ad inquirendum, is a writ iudi∣ciall, commanding inquirie to be made of any thing touching a cause depending in the Kings court, for the better execution of iustice, as of bastardie, of bond∣men, and such like: whereof see great diuersitie in the Table of the Register iudiciall, verbo, Ad inquirendum.

Admeasurement (admensuratio) is a writ, which lyeth for the bringing of those to a mediocri∣tie, that vsurpe more then their part. And it lyeth in two cases: one is tearmed admeasurement of dower (admensuratio dotis) where the widow of the decea∣sed, holdeth from the heire or his guardian more in the name of her dower, then of right belon∣geth vnto her. Register orig. fol. 171. a. Fitzh. nat. br. fol. 148. The other is admeasurement of pasture (admensuratio pasturae) which lieth betweene those, that haue common of pasture ap∣pendant to their free-hold, or common by vicenage, in case any one of them, or more, doe surcharge the common with more cattell then they ought, Register. orig. fol. 156. b. Fitzh. nat. br. fol. 125.

Administer (administrator) in our common law is properly ta∣ken for him, that hath the goods of a man dying intestate, com∣mitted to his charge 〈…〉〈…〉y the or∣dinary, & is accountable for the same, whensoeuer it shall please the ordinarie to call him there∣unto. I finde not this word soe vsed in all the civile or canon lawe, but more generally for those, that haue the gouernment of any thing, as the Decrees. can. 23. quaest. 5. c. 26. Administratores plane saecularium dignitatum. &c. and extrava. com. ca. 11. Grangias autem, & alia loca Cisterciensium ordinis, & aliorum Regalium, in quibus Gubernatores, seu custodes vel administratores ponuntur, &c. Howsoeuer the signification of this word grew to be restrained amongst vs, it greatly booteth not. But there was a statute made anno. 31. Ed. 3. ca. 11. whereby power was giuen to the ordina∣rie to appointe these administra∣tours, and to authorize them as fully as executors, to gather vp, and to dispose the goods of the deceased: alway provided, that they should be accountable for the same, as executors. And be∣fore that, viz. Westm. 2. anno 13. Ed. 1. ca. 19. it was ordeined, that the goods of those that died in∣testate, should be committed to

the ordinarie his disposition, and that the ordinarie should be bound to answer his debts, so far forth as the goods would extēd, as executors. And I perswade my¦selfe that the committing of this burden vnto Bishops, & to those that deriue ecclesiasticall autho∣ritie from them, grew first from the constitution of Leo the Em∣perour. Co. de Episco. & cleri. l. nul∣li licere. 28. Where it is saide, that if a man dying bequeath any thing to the redeeming of captives, &c. and appoint one to execute his will in that point, the partie soe appointed shall see it performed: and if he appointe none to doe it, then the Bishop of the citie shall haue power to demaund the legacie, and with∣out all delay performe the will of the deceased.

Admirall (Admiralius) cometh of the frenche (amerall) and sig∣nifieth, both in France and with vs, an high officer or magistrate that hath the gouernement of the Kings navie, and the hearing and determining of all causes, as well civile as criminall belōging to the sea. Cromptons diuers iurisd. fo. 88. and the statutes anno 13. R. 2. ca. 5. & anno. 15. eiusdem. ca. 3. & an. 2. H. 4. ca. 11. & anno. 2. H. 5. ca. 6. & an. 28. H. 8. ca. 15. with such like. This officer is in all kingdomes of Europe that bor∣der vpon the sea: and his autho∣ritie in the kingdome of Naples is called, magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris. Vincent de Franch. descis. 142. nu. 1. This Ma∣gistrate among the Romanes was called praefectus classis, as appea∣reth by Tully in Verrem. 7. but his authoritie was not continuall, as the Admirals is in these daies, but onely in time of warre. Nei∣ther doe I finde any such officer belonging to the Emperours in our Code. And M. Guyn in the preface to his reading, is of opi∣nion that this office in England was not created vntill the daies of Edward the third: His reason is probable. Britton that wrote in Edw. the firsts time, and in the beginning of his booke taking vpon him to name all the courts of Iustice, maketh no mention of this courte or magistrate. And a∣gaine Richard the second finding the Admirall to extend his iuris∣diction over farre, ordeined by statute made the 10. yeare of his reigne, that the limits of the ad∣mirals iurisdiction should be re∣strained to the power he had in his grandfather Edward the thirds daies, whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall. But contrarily to this it appeareth by auncient records, the copies whereof I have seene, that not onely in the daies of

Ed. the first, but also of King Iohn, all causes of Merchants and ma∣riuers, and things happening within the fludde marke, were ever tried before the Lord admi∣rall.

Adiura Regis, is a writ for the Kings Clerke against him that seeketh to eiect him to the pre∣iudice of the Kings title in the right of his crowne. Of this you may see diuers formes vpon di∣vers cases. Register. orig. fo. 61. a.

Admittendo clerico, is a writte graunted to him that hath reco∣uered his right of presentation a∣against the Bishop in the com∣mon bank: the forme whereof read in Fitzh. nat. br. fo. 38. & the Register. orig. fo. 33. a.

Admittendo in socium, is a writ for the association of certaine persons to Iustices of assises for∣merly appointed, Register. orig. fol. 206. a.

Ad quod damnum, is a writ that lyeth to the escheater to inquire what hurt it will be to the King, or other person, to graunt a Faire or market, or a mortmaine for any lands intended to be giuen in fee simple to any house of re∣ligion, or other body politicke. For in that case, the land so giuē is said to fal into a dead hād, that is, such an estate and condition, that the chiefe Lords do leese all hope of heriots, seruice of court, and escheates vpon any traite∣rous or felonious offence com∣mitted by the tenant. For a bo∣die politicke dieth not, neither can performe personall seruice, or commit treason or felonie, as a singular person may. And therefore it is reasonable, that before any such grant be made, it should be knowne, what pre∣iudice it is like to worke to the graunter. Of this reade more in Fitzh. nat. breu. fol. 221. and look Mortmaine.

Ad terminum qui praeteriit, is a writ of entrie, that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers, and after the terme expired, is held from them by the tenant, or other stranger that oc∣cupieth the same, and deforceth the leassour. Which writ belon∣geth to the leassour and his heire also, Fitzh. nat. br. fol. 201.

Aduent (aduentus) is a certaine space of time comprising a mo∣neth or thereabout, next before the feast of Christs natiuitie. Wherein it seemeth that our an∣cestors reposed a kind of reue∣rence for the neerenesse of that solemne feast: so that all conten∣tions in lawe were then remitted for a season. Whereupon there was a statute ordained Westm. 1. cap. 48. anno 3. Ed. 1. that not∣withstanding the said vsuall so∣lemnitie and time of rest, it might be lawfull in respect of

iustice and charitie, which ought at all times to be regarded) to take assises of nouell disseisin, mort d'auncester, and darrein pre∣sentment, in the time of Aduent, Septuagesima, and Lent. This is also one of the times, from the beginning whereof vnto the end of the Octaues of the Epiphany, the solemnizing of mariage is forbidden, by reason of a cer∣tain spiritualioy that the church, & so consequently euery mem∣ber thereof, for that time, doth or ought to conceiue in the re∣membrance of her spouse Christ Iesus, and so abandon all affecti∣ons of the flesh. See Rogation weeke, and Septuagesima.

Advocatione decimarum, is a writ that lyeth for the claime of the fourth part or vpward, of the tythes that belong to any Church, Register orig. fol. 29. b.

Advow, aliâs avowe (advocare) commeth of the French (advoüer, aliâs avoüer, and signifieth as much as to iustifie or maintaine an act formerly done. For exam∣ple, one taketh a distresse for rent or other thing, and he that is de∣streyned, sueth a Replevin. Now he that tooke the distresse, or to whose vse the distresse was taken by another, iustifying or main∣taining the act, is said to avowe. Tearmes of the lawe. Hereof commeth advowant, Old. nat. br. fol. 43. and advowrie, eodem folio. Bracton vseth the Latine word in the same signification, as (advo∣catio disseisiuae) li. 4. cap. 26. And I find in Cassauaeus de consuet. Burg. pa. 1210. (advohare) in the same signification, and pag. 1213. the Substantine (desavohamentum) for a disavowing or refusall to avowe.

Advowzen (advocatio) signifi∣eth in our common law a right to present to a benefice, as much as (ius patronatus) in the canon lawe. The reason why it is so tearmed, proceedeth from this, because they that originally ob∣tained the right of presenting to any Church, were maintainers and vpholders, or great benefa∣ctors to that Church, either by building or increasing it: and are thereupon tearmed sometime patroni, sometime Advocati, cap. 4. & cap. 23. de iure patronatus in Decretal. And advowzen being a bastardly French word is vsed for the right of presenting, as ap∣peareth by the Statute of Westm. the second anno 13. Ed. 1. ca. 5.

Advowsen is of two sorts: ad∣vowsen in grosse, that is, sole or principall, not adhering or be∣longing to any maner as parcell of the right thereof: advowzen dependant, which dependeth vpon a maner as appertinent vnto it, tearmed of Kitchin an incident, that may be separated from the subiect. Of this M. Iohn Skeene

de verbo. sig. hath these wordes: dicitur advocatio Ecclesiae, vel quia patronus alicuius Ecclesia ratione sui iuris advocat se ad candem Ec∣clesiam, & asserit se in eadem ha∣bere ius patronatus, ••amque esse sui quasi clientis loco, vel potiùs cùm aliquis (nempēpatronus) advocat a∣lium iure suo ad Ecclesiam vacantē, eumque loco alterius (veluti defun∣cti) praesentat & quasi exhibet. See Advowè next following:

Advowè, alias avowè (advoca∣tus) is vsed for him that hath right to present to a benefice, an. 25 Ed. 3. st at. 5. ca. vnico. There haue you also (Advowe para∣mount) which is as much as the highest patron, and is spoken of the King. Advocatus est ad quem pertinet ius advocationis alicuius ec∣clesia, vt ad ecclesiam, nomine pro∣prio non alieno, possit praesentare. Fleta li. 5. ca. 14. §. i. Fitzh. in his nat. br. fo. 39. vseth it in the same signifi∣cation. See Advowsen. and Avowé.

Aetate probanda, is a writ that the Kings tenent holding in chiefe by chivalrie, and being warde by reason of his nonage, obteineth to the eschetour of the countie where he was borne, or some time, where the land ly∣eth, to enquire, whether he be of full age to haue deliverie of his lands into his owe hand. Register orig. fo. 294. & 295. Fitzh. nat. br. fo. 253. Who also fo. 257. saith that this writ is some time dire∣cted to the Shirei•••• to empanell a iurie for this enquirie against a day certaine, before commissio∣ners authorized vnder the broad seale to deale in such a cause.

Aërie of Goshawkes (aëria ac∣cipitrum) commeth from the french (aiëre) signifiing so much as (par) in latine or (a paire) in English For the french man say∣ing that one is (vn houme de boun aiere) signifieth that he commeth of a good paire, that is, a good father and a good mother. It is in our language the proper word in hawkes, for that which we gene∣rally call a nest in other birds. So is it vsed anno 9. H. 3. ca. 13. in the charter of the forest, and in divers other places.

Affeerours (afferatores, aliàs af∣fidati) may probably be thought to proceede from the french (affier. i. confirmare, affirma∣re) It signifieth in our common lawe, those that be appointed in court leetes, &c. vpon oath to mulct such as haue committed faults arbitrablely punishable, & haue no expresse penaltie set downe by statute. The forme of their oathe you may see in Kit∣chin. fo. 46. The reason of this ap∣pellation mayseeme to be, be∣cause they that be appointed to this office, do affirme vpon there oathes, what penaltie they think in conscience the offendour hath deserued. It may likewise proba∣bly

be thought, that this com∣meth from (feere) an olde english word signifying a companion, as (gefera) doeth among the Sax∣ons by M. Lamberds testimonie, verbo (contubernalis) in his expli∣cation of Saxon words. And so it may be gathered that M. Kit∣chin taketh it. ca. Amercements. fo. 78. in these words. (Mas si le a∣mercement soit affire per pares) where pares) be put for affeerors. And there may be good reason of this, because they are in this busines made companions and equals. You shall finde this word vsed. an. 25. Ed. 3. sta. 7. viz. And the same Iustices before their ri∣sing in every sessions, shall cause to be affeered the amercements, as pertaineth, & also to the same effect. an. 26. H. 8. ca. 6. Kitchin. fo. 78. ioyneth these. 3. wordes togi∣ther as synonyma. (Affidati, amer∣ciatores, affirours. Affidare in the canon lawe is vsed for fidem dare. ca. fina. de cognatio. spiritua. in De∣cretal. & ca. super eo. de testibus. Bracton hath affidare mulierem, for to be betrothed to a woman. li. 2. ca. 12. But I finde in the custo∣marie of Normandie. ca. 20. this word (affeurer) which the latine interpretour expresseth by (tax∣are) that is, to set the price of a thing, as (astimare, indicare, &c.) which etymologie of all the o∣ther pleaseth me best, leauing e∣uery man to his own iudgemēt.

Affirme (affirmare) commeth either of the latine, or frenche (affirmer) It signifieth in our com∣mon law, as much as to ratifie or approue a former law or iudge∣ment. So is the substantiue (affir∣māce) vsed anno. 8. H. 6. ca. 12. And so is the verb it selfe by M. West. parte. 2. symbolai. titulo, Fines. sect. 152. And if the iudgement be af∣firmed, &c. as also by M. Cromp∣ton in his diuers Iurisd. fo. 166.

Afforest (afforestare) is to turne ground into forest. charia de fore∣sta. ca. 1. & 30. an. 9. H. 3. What that is, look more at large in Forest.

Affraye (affreia) commeth of the french (effraier. i. horrificare, terrere) It signifieth in our com∣mon lawe a skirmish or fighting betweene two or more. M. Lam∣berd in his eirenarcha. lib. 2. cap. 3. faith, that it is often times con∣founded with an assault, but yet he is of opinion that they differ in this, that where an assault is but a wrong to the partie, an af∣fray is a common wrong: and therefore both enquirable and punishable in a leete. It might be said likewise, that an assault is but of one side, and an affray of two or more. I thinke this word (affray) to be two wayes vsed, one, as I haue alreadie described it, another, for a terror wrought in the subiects by any vnlawfull sight of violence, or armor, &c. tending toward violence. For so

is it vsed, anno 2. Ed. 3. cap. 3.

Age (atas) commeth from the French (aage) and signifieth in our language that part of a mans life, which is from his birth vnto his last day. But it is in the com∣mon lawe particularly vsed for those especiall times, which en∣able men or women to do that, which before for want of age, and so consequently of iudge∣ment, they might not do. And these times in a man be two, in a woman sixe. The age of 21. yeres is termed the full age in a man, the age of fourteene yeares, the age of discretion, Litleton li. 2. ca. 4. In a woman there are sixe se∣uerall ages obserued, that seue∣rally enable her to do sixe seue∣rall things. Broke. Gard. 7. First, at 7. yeares of age the Lord her fa∣ther may distraine his tenents for ayde to marry her: for at those yeares she may consent to ma∣trimonie, Bract. lib. 2. cap. 36. nu. 3. Secondly, at the age of nine yeares she is dowable: for then, or within halfe a yeare after, is she able promereri dotem, & virum sustinere. Fleta li. 5. cap. 22. Li∣tleton lib. prim. cap. 5. which Bra∣cton loco citato doth notwithstan∣ding limit at 12. yeares. Thirdly, at twelue yeares she is able final∣ly to ratifie and confirme her former consent giuen to matri∣monie. Fourthly, at 14. yeares she is enabled to receiue her land into her owne hands, and shall be out of ward, if she be of this age at the death of her ancestor. Fiftly, at sixteene yeares she shal be out of ward, though at the death of her auncestor she was within the age of fourteen yeres. The reason is, because then she may take a husband able to per∣forme Knights seruice. Sixtly, at 21. yeares she is able to alienate her lands and tenements, Instit. iure com. cap. 24. Touching this mater, take further these notes perspicuously gathered. At the age of 14. yeares a striplin is en∣abled to chuse his owne guar∣dian, and to claime his land hol∣den in socage, Dyer fol. 162. which Bracton limiteth at fifteene yeares, li. 2. cap. 37. num. 2. with whom Glanvile also agreeth, lib. 7. cap. 9. And at the age of four∣teene yeares, a man may consent to mariage, as a woman at 12. Bracton. vbi supra. At the age of fifteene yeres a man ought to be sworne to keepe the kings peace, anno 34. Edw. 1. Stat. 3. The age of 21. yeares compelleth a man to be knight, that hath twentie pounds land per annum in fee, or for tearme of life, anno 1. Edw. 2. stat. 1. and also enableth him to contract and to deale by himself, in all lawfull causes appertaining vnto his estate. Which vntill that time, he cannot with the security of those that deale with him.

This the Lombords settle at 18. yeares, as appeareth by Hoto∣mans disputations in libros feudo∣rum, l. 2. c. 53. ver. decimo. octauo anno. which power the Romans permitted not vsque ad plenam maturitatem, and that they limi∣ted at 25. yeares. lib. 1. in fine Π. de maior. 25. an. l. fin. Co. de Le∣git. tut. in principio, titulo de curat. in Institut. The age of twelue yeares bindeth to appearance before the Sheriffe and Coroner for enquirie after roberies, an. 52. H. 3. cap. 24. The age of 14. yeares, enableth to enter an order of religion without consent of parents, &c. anno 4. H. 4. cap. 17.

Age prier (aetatem precari) or (aetatis precatio) is a petition made in count by one in his minoritie, hauing an actiō brought against him, for lands coming to him by discent, that the action may rest vntill he come to his full age: which the Court in most cases ought to yeeld vnto. This is o∣therwise in the ciuill lawe, which inforceth children in their mino∣ritie to answer by their tutors or curatours, Π. de minor. 25. an.

Agenhine. See Haghenhine.

Agist (agistare) seemeth to come of the French (gift. 1. iacet) hauing (gasir) in the Infinitiue moode, whence commeth the nowne (gisme) a lying in child∣bed: or rather of (gister. i. stabu∣lari) a word proper to a Deare, cùm sub mensem Maium è locis ab∣ditis in quibus delituit emigrans, in loco delecto stabulari incipit, vnde commoda & propinqua sit pabulatio. Budaeus in posteriori libro philologiae. Where also he saith, that (giste) est idem quod lustrum vel cubile. Or it may be probably deduced from the Saxon word (Gast. 1. hospes.) It signifieth in our com∣mon lawe, to take in and feede the ••••tell of straungers in the kings forest, and to gather the money due for the same to the kings vse, Charta da Foresta, an. 9. H. 3. cap. 9. The Officers that do this, are called (agistors) in En∣glish, Guest-takers, eodem. cap. 8. Cromptons iurisdic. fol. 146. These are made by the kings leters pa∣tents vnder the great seale of England: of whom the King hath foure in number within euery forest, where he hath any paw∣nage, called agistors, or Gist-ta∣kers. And their office consisteth in these foure points: (in agist an∣do, recipiendo, imbreviando, certi∣ficando) Manwood parte prima. Of Forest lawes, p. 336. & 337. whome you may reade more at large. Their function is tearmed Agistment, as agistment vpon the sea banks, anno 6. H. 6. cap. 5.

Agreement (agreamentum. i. ag∣gregatio mentium) is the assent or cōcord of more to one thing: & this by the author of the newe tearmes of lawe, is either execu∣ted

or executory: which you may read more at large in him exem∣pified by cases.

Ayde (auxilium) is all one in signification with the French (aide) and differeth in nothing, but the onely pronunacitiō, if we take it as it is vsed in our vulgar language. But in the common lawe, it is applied to divers parti∣cular significations, as sometime to a subsidie. anno. 14. Ed. 3. stat. 2. ca. 1. sometime to a prestation due from tenents to their Lords, as toward the releife due to the Lord Paramount, Glanvile li. 9. cap. 8. or for the making of his sonne knight, or the marying of his daugnter, idem, eodem. This the King, or other Lord by the auncient lawe of England, might lay vpon their tenents, for the knighting of his eldest sonne at the age of 15. yeares, or the ma∣riage of his daughter at the age of seuen yeares, Regist. orig. fol. 87. a. and that at what rate them selues listed. But the Statute, We∣stmin. 1. anno 3. Edw. 1. ordained a restraint for to large a demand, made by common persons be∣ing Lords, in this case, and tyed them to a certaine rate. And the Statute made anno 25. Ed. 3. stat. 5. cap. 11. prouideth, that the rate set downe by the former Statute, should hold in the King, as well as in other Lords. Of this I find mention in the Statute, an. 27. H. 8. ca. 10. This imposition seemeth to haue descended to vs from Normandie: for in the grand custumarie, cap. 35. you haue a Tractate intituled (des ai∣des chevelz. 1. de auxilys capitali∣bus) whereof the first is (a faire l'aynè filz de son seigneur chevalier. i. ad filium primogenitum militem faciendum) the second, (son ainee fille marier. i. ad filiam primogeni∣tam maritandam.) And the third, (a rechapter le corps de son seigneur de prison quand il est prius per la guerre an Duc. i. ad corpus domi∣nisui de prisona redimendum cùm ca∣ptus fuerit pro bello Ducis Norman∣diae. Also I find in Cassanaeus de cō∣suet. 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 des∣cis. 131. where he calleth it ad∣iutorium pro maritanda filia. Whence it appeareth, that this custome is within the kingdome of Naples also. Touching this likewise, you may reade these words in Maenochius, lib. 2. de ar∣bitrat. Iud. quast. centuria. 2. cap. 181. Habent saepissimè feudorum possessores & Domini multa in ca∣rum ditionibus privilegia, multas{que} cum locorum incolis connentiones: inter quas, illa vna solet nominari, vt possit Dominus collectam illis indi∣cere, pro solutione dotium suarum fi∣liarum, cura matrimonio collocantur.

Hoc aliquando Romae observarum à Caligulafuisse, in illius vita scribit Suetonius, cap. 42. Hodiè hic vsus in subalpina regione est frequens, vt scribit Iacobinus de Sancto Georgio, in tractu de homagiis. col. 8. Etiam pro filia quae religionem ingreditur: & non modò pro vna filia, sed pluri∣bus filiabus, non tamen pro secundis nuptijs exigitur. In which place, the said author maketh mention of diuers other Civilians and feu∣dists, that record this custome to be in other places. Of this aide, our Fleta writeth thus: sicutetiam quaedam consuerudines quaeservitia non dicuntur, nec concomitantia seruitiorū, ficut rationobilia auxilia ad filium primogenitum militem fa∣ciendum, vel ad filiam primogenitā maritandam: quae quidem auxilia sunt de gratia & non de iure, pro necessitate & indigentia dominica∣pitalis. Et non sunt praedialia sed personalia, secundùm quod perpendi poterit in breui ad hoc prouiso, &c.

This word (ayde) is also parti∣cularly vsed in matter of plea∣ding, for a petition made in court for the calling in of helpe from another, that hath an interest in the cause in question, and is like∣ly both to giue strength to the party that prayeth in aide of him, and also to auoide a preiudice growing toward his owne right, except it be preuented. For ex∣ample: when a tenent for terme of life, by courtesie, tenent in taile after possibility of issue ex∣tinct, for tearme of yeares, at will, by elegit, or tenent by sta∣tute merchant being impleaded touching his estate, may petere au∣xilium, that is, pray in ayde of him in the reuersion (that is) de∣sire or intreate the court, that he may be called in by writ, to al∣ledge what he thinketh good for the maintenance both of his right, and his owne. Termes of the lawe. Fitzh. mentioneth both (prier en ayde) and (prier ayde de patron, &c.) auxilium petere à pa∣trono, nat. br. fol. 50. d. and the new booke of entries, verbo, Ayde de parcener, auxilium de parciona∣rio, fol. 411. columna 4. This the later practitioners in the ciuill lawe, call authoris laudationem vel nominationem. Emericus in pract. titulo. 48. This ayde prier, is also v∣sed sometime in the kings be∣hoofe, that there be no procee∣ding against him, vntill the kings Councell be called, and heard to say what they thinke good, for the auoyding of the kings preiu∣dice or losse, touching the cause in hand. For example: if the kings tenent holding in chiefe, be de∣maunded a rent of a common person, he may pray in ayde of the king. Also a citie or borough that hath a fee ferme of the king, any thing being demaunded a∣gainst them which belongeth the reunto, may pray in ayde of

the King, &c. Tearms of the law. of this thing you may read the statute (de big amis. a. 4. Ed. 1. ca. 1. 2. & 3. & anno. 14. Ed. 3. stat. 1. ca. 14. The civile law in suites be∣gunne betweene two, alloweth a third to come in (pro interesse) and he that commeth in for his inter∣rest, commeth either assistendo or opponendo, &c. The former is like to this (ayde prier) the other to that which our common lawyers call Receyte. Looke Receyte.

Aile (avo) commeth of the French (aieul. i. avus) & signifieth a writ that lieth, where the grād∣father or great grandfather cal∣led of our common lawyers (be∣sayle) but in true French (bisaieul) was seised in his demaines as of fee, of any land or tenement in fee simple, the day that he died, and a stranger abateth or entreth the same day, and dispossesseth the heire. Fitzh. nat. br. fo. 221.

Alderman (aldermannus) is bor∣rowed from the saxon (Ealder∣man) signifying as much as Sena∣tor in latine. Lamb. in his expli∣ca of Saxon words. verbo senator. See Roger Hoveden parte poster. suorum. annal. fo 346. b.

Aler sans. iour, is verbatim, to goe without day: the meaning whereof is, to be finally dismissed the courte: because there is no day of farder appearāce assigned, Kitchin. fo. 140.

Ale-tastor, is an officer ap∣pointed in every court leete, and sworne to looke to the assise, and the goodnes of bread and ale or beere, within the precincts of that Lordship. Kitchin. fo. 46. where you may see the forme of his oath.

Alias v. Capias alias.

Alien (alienare) commeth of the French (aliener) and signifieth as much as to transferre the pro∣pertie of any thing vnto another man. To alien in mortmaine, is to make over lands or tenements to a religious companie, or other body politike. Stawnf. praero. fo. 48. looke Mortmayn. To alien in fee, isto sel the fee simple of any land or tenement, or of any incorpo∣reall right, West. 2. ca. 25. anno. 13. Ed. 1.

Alien alias alion (alienigena) commeth of the latine (alienus) and signifieth one borne in a straunge country. It is ordinarily taken for the contrarie to (Deni∣zen) or a naturall subiect, that is, one borne in a straunge country, and neuer heere infranchised. Broke. Denizen. 4. &c. And in this case, a man born out of the land, so it be within the limits of the Kings obedience, beyond the sease, or of English parents, out of the Kings obedience (so the parents at the time of the birth, be of the Kings allegiance) is no alien in account, but a subiect to the King. Statute. 2. a. 25. Ed. 3. ca.

vnico. commonly called the Sta∣tute, De natis vltra mare. Also if one borne out of the kings alle∣giance, come and dwell in En∣gland, his children (if he beget any heere) be not aliens, but de∣nizens. Termes of the lawe. See Denizen.

Allaye (Allaia) is vsed for the temper and mixture of siluer and gold, anno 9. H. 5. Stat. 2. cap. 4. & Stat. 1. eiusdem anni, cap. 11. The reason of which allay is, with a baser mettall to augment the waight of the siluer or gold so much, as may counteruaile 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, vpō complaint of some accoun∣tant, commaunding them to al∣low the accountant such sums, as he hath by vertue of his office lawfully and reasonably expen∣ded, Register. orig. fol. 206. b.

Alluminor, seemeth to be made of the French (allumer, i. accende∣re, incendere, inflammare) it is v∣sed for one that by his trade co∣loureth or painteth vpon paper or parchment. And the reason is, because he giueth grace, light, and ornament by his colours, to the leters or other figures colou∣red. You shall find the word, an. 1. R. 3. ca. 9.

Almaine riuets, be a certaine light kind of armor for the body of a man, with sleeues of maile, or plates of iron, for the defence of his armes. The former of which words, seemeth to shewe the countrie where it was first invented: the other, whether it may come from the French verb (revestir, 〈◊〉〈◊〉. superinduere) to put on vpon another garment, I leaue to farther consideration.

Almner (elecmosinarius) is an officer of the kings house, whose function is, fragmenta diligenter colligere, & ea distribuere singulis diebus egenis: agrotos & leprosos, incarceratos, pauperes{que} viduas, & alios egenos vagos{que} in patria com∣morantes, charitative visitare: item equos relictos, robas, pecuniam, & alia ad eleemosynae largita, reci∣pere & fideliter distribuere. Debet etiam regem super eleemosynae lar∣gitione crebris summonitionibus sti∣mulare, & praecipuè diebus Sancto∣rum, & rogare ne robas suas quae magni sunt pretii, histrionibus, blan∣ditoribus, adulatoribus, accusatori∣bus vel menestrallis, sed and eleemo∣sinae suae incrementum iubeat largi∣ri, Fleta. lib. 2. cap. 2.

Almoine (eleemosina.) See Frank almoyne.

Almond (amygdalum) is well knowne to euery mans sight: it is the kirnell of a nut or stone, which the tree in Latine called (amygdalus) doth beare

within a huske in maner of a wal nut, of whose nature, and di∣uersities, you may reade Gerards Herball, lib. 3. cap. 87. This is no∣ted among merchandize that are to be garbled, anno 1. Iaco. ca. 19.

Alnegeor, aliâs, aulnegeor (vl∣niger vel vlnator) cometh from the French (aulne) an elle, or el∣wand, and signifieth an officer of the Kings, who by himselfe or his deputie, in places conue∣nient, looketh to the assise of wollen cloth made through the land, and to seals for that pur∣pose ordained vnto them, an. 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for euery cloth so sea∣led in a fee or custome therunto belonging, anno 17. R. 2. cap. 2. Reade of this more, anno 27. Ed. 3 cap. 4. anno 17. R. 2. cap. 2. & 5. anno 1. H. 4. cap. 13. anno 7. eius∣dem. cap. 10. anno 11 eiusd. cap. 6. anno 13. eiusd. cap. 4. anno 11. H. 6. cap. 9. anno 31. eiusdem. cap. 5. anno 4. Ed. 4. ca. 1. anno 8. eiusdem, cap. 1. & an. 1. R. 3. cap. 8.

Ambidexter is that iurour or embraceour, that taketh of both parties for the giuing of his ver∣dict. He forfeiteth ten times so much as he taketh, anno 38. Ed. 3. cap. 12. Cromptons iustice of peace, fol. 156. b.

Amendment (emendatio) com∣meth of the French (amende∣ment) and signifieth in our com∣mon lawe, a correction of an er∣ror committed in a processe, and espyed before iudgment. Terms of the lawe. Broke, titulo Amen∣dement per totum. But if the fault be found after iudgment giuen: then is the party that wil redresse it, driuen to his writ of errour. Tearmes of the lawe, Broke titulo Error.

Amerciament (amerciamentum) signifieth the pecuniarie punish∣ment of an offendor against the King or other Lord in his court, that is found to be (in misericor∣dia) i. to haue offended, and to stand at the mercie of the King or Lord. There seemeth to be a difference betweene amercia∣ments and fines, Kitchin fol. 214. And I haue heard cōmon Law∣yers say, that fines, as they are taken for punishments, be pu∣nishments certaine, which grow expresly from some statute, and that amerciaments be such, as be arbitrably imposed by affeerors. This is in some sort confirmed by Kitchin fol. 78. in these words: (l'amerciamēt est affire per pares.) M. Manwood in his first part of Forest lawes. pag. 166. seemeth to make another difference, as if he would inferre an amerciamēt to be a more easie, or more mer∣cifull penaltie, and a fine more sharpe and grieuous. Take his wordes: If the pledges for such a trespasse (saith he) do appeare

by common summons, but not the defendant himselfe: then the pledges shall be imprisoned, for that default of the defendant: but otherwise it is, if the defendant himselfe do appeare, and be rea∣dy in Court before the Lord, Iu∣stice in eyre, to receiue his iudg∣ment, and to pay his fine. But if such pledges do make default, in that ease the pledges shall be a∣merced, but not fined, &c. The author of the new tearmes of lawe, saith, that amerciament is most properly a penalty assessed, by the peeres or equals of the partie amercied for an offence done, for the which he putteth himselfe vpon the mercie of the Lord. Who also maketh mentiō of an amerciament royal, and de∣fineth it to be a pecuniarie pu∣nishment laid vpon a Sheriffe, Coroner, or such like Officer of the kings, amercied by Iustices for his offence. See Misericordia.

Amoveas manum. Looke ouster le r••aiue.

An, tour, & waste (annus, dies, & vastum.) Looke yeare, day, and waste.

Ancaling of tile, anno. 17. Ed. 4. ca 4.

Annats, (Annates) seemeth to be all one with first fruites. anno. 25. H. 8. ca. 20. looke, First fruites. The reason is, because the rate of first fruites payed of spirituall li∣uings, is after one yeares profite. Of which Folydore Virgil, de inuē∣tione rerum, lib. 8. cap. 2. saith thus: Nullum inuentum m••iores Romano Pontifici cumulavit opes, quàm an∣natum (quas vocant) vsus, qui om∣nino multò antiquior est, quàm re∣cētiores quidam scriptores suspican∣tur. Et annates more suo appellant primos fructus vnius anni sacerdatii vacantis, aut danidiam eorum par∣tem. Sanè hoc vectigal iam pride, cùm Romanus Pontifex non habue∣rit tot possessiones quot nunc habet, & eum oportuerit pro dignitate, pro of∣ficio, multos magnosque facere sum∣ptus, paulatim impositum fuit sacer∣dotiis vacantibus quae ille conferret: de qua quidem re vt gravi, saepe re∣clamatum fuisse testatur Henricus Hostiensis, qui cum Alexandro 4. Pontifice vixit, sic vt Franciscus Zabarellus tradat post hac in conci∣lio Viennensi, quod Clemens quintus indixit (qui factus est Pontifex anno salutis humanae, 135.) agitatum fuisse, vt, eo deposito, annatum one∣re vigesima pars vectigalium sacer∣dotalium penderetur quotannis Ro∣mano Pontifici, & id quidem frustrà: Quare Pontifex annatas in sua nas∣sa retinuit, vt ne indidem exire pos∣sent: lege caetera.

Anniented, commeth of the French (aneantir. i. se abiicere, at∣que prosternere) It signifieth with ourlawyers, as much as frustrated or brought to nothing, Litlet••n lib. 3. cap. warrantie.

Annua pensione, is a writte,

wherby the king hauing due vn∣to him an annuall pension from any Abbot or Prior for any of his Chaplaines, whom he shal think good to name vnto him, being as yet vnprouided of sufficient li∣uing, doth demaund the same of the said Abbot or Prior for one, whose name is comprised in the same writ, vntill, &c. and also willeth him, for his Chaplaines better assurance, to giue him his leters patents for the same. Re∣gister orig. fol. 265. & 307. & Fitzh. nat. br. fol. 231. where you may see the names of al the Ab∣beyes and Priories bound vnto this, in respect of their foundatiō or creation: as also the forme of the leters patents vsually graun∣ted vpon this writ.

Annuitie (annuus reditus) signi∣fieth a yearely rent to be paide for tearme of life or yeres, or in fee, and is also vsed, for the writ that lyeth against a man for the recouerie of such a rent, either out of his land, or out of his co∣fers, or to be receiued of his per∣son, at a day certaine euery yere, not satisfying it according to the graunt. Register. orig. fol. 158. Fitz. nat. br. fol. 152. The author of the new tearmes of law defi∣neth (annuitie) to be a certaine summe of money graunted to a∣nother in fee simple, fee taile, for tearme of life, or of yeares, to receiue of the graunter, or his heires, so that no Free-hold be charged therewith, whereof a man shall neuer haue assise or o∣ther action, but a writ of annui∣tie. Saintgerman in his booke in∣tituled (The Doctor and Student) dialogo primo, cap. 3. sheweth di∣uers differences betweene a rent and an annuitie, whereof the first is, that euery rent, be it rent ser∣uice, rent charge, or rent seck, is going out of land: but an an∣nuity goeth not out of any land, but chargeth onely the person: that is to say, the graunter, or his heires that haue assets by des∣cent, or the house, if it be gran∣ted by a house of religion, to per∣ceiue of their coffers. The second difference is, that for the recoue∣rie of an annuity, no action lyeth, but onely the writ of annuitie a∣gainst the graunter, his heires, or successors: but of a rent, the same actions lye as do of land, as the case requireth. The third diffe∣rence is, that an annuitie is neuer taken for assets, because it is no Free-hold in lawe, neither shall be put in execution vpon a sta∣tute Merchant, statute Staple, or elegit, as a rent may. Dyer fol. 345. num. 2. speaketh also to this effect:

Annise seede (semen Anisi) is a medicinall seed not vnknowne, so called of the hearbe anisum, whereof it is the fruite. Of this he that listeth may reade Ge∣rad••

herball li. 2. ca. 397. It is no∣ted among the garbleable drugs and spices. anno. 1. Iaco. ca. 19.

Anoisance, aliàs Noisance, aliàs Nusance (nocumentum) commeth of the French (nuisance. i incom∣modum, noxa) and hath a double signification, being vsed as well for any hurt done either to a publike place, as (high way, bridge, or common river) or to a private, by laying any thing, that may breede infection, by incroa∣ching, or such like means: as also, for the writ that is brought vp∣on this transgression: whereof see more in Nusance. The word (a∣noysance) I finde, anno 22. H. 8. ca. 5.

Apostata capiendo, is a writ that lyeth against one, that hauing en∣tred and professed some order of religon, breaketh out againe, and wandereth the country, contrari∣ly to the rules of his order. For the Abbot or Prior of the house, certifying this into the chawn∣cerie, vnder their common seale, and praying this writ directed to the Shyreeue for the apprehensiō of such offend our, and for the delivery of him again to his Ab∣bot or Prior, or their lawful attur∣ney, were wont to obtaine the same. The forme whereof, with other circumstances, you shall finde in the Register. orig. fo. 71. & 267. and Fitzh. nat. br. fo. 233. C.

Apparelment, commeth of the French (pareisement. i. similiter, perinde, itidem) and signifieth a re∣semblance: as apparelment of warre. anno 2. R. 2. stat. 1. ca. 6.

Appeale (appellum) commeth of the French (appeller. i. accire, ac∣cersere, nominare, evocare, clamore aliquem flagitare) It signifieth in our common lawe, as much as (accusatio) with the civilians. For as in the civile lawe, cognisance of criminal causes, is taken either vpon inquisition, denunciation, or accusation: so in ours, vpon in∣dictment or appeale, indictment comprehending both inquisiti∣on, and denunciation. And accu∣sation or apeale, is a lawfull de∣claration of another mans crime (which by Bracton must be felo∣nie at the least in the common lawe) before a competent Iudge, by one that setteth his name to the declaration, and vndertaketh to prooue it, vpon the penaltie that may ensue of the contrary. To declare the whole course of an appeale, weare to much for this treatise. Wherefore for that, I must referre you to Bracton. li. 3. tract. 2. ca. 18. cum sequent. Britton. ca. 22. 23. 24. 25. and to S. Tho∣mas Smith. li. 3. de repub. Anglo. ca. 3. and lastly to Stawnf. pl. cor. li. 2. ca. 6. 7. &c. vs{que} 17. An appeale is commenced two waies: either by writte, or by bill. Stawnf. vbi supra fo. 46. And it may be gathe∣red

by him. fo. 148. that an ap∣peale by writ is, when a writ is purchased out of the chauncerie by one to another to this ende, that he appeale a third of some felonie committed by him, fin∣ding pledges that he shall doe it, and deliuer this writ to the Shy∣reeue to be recorded. Appeale by bill is, when a man of himselfe giueth vp his accusation in wri∣ting to the Vicount or Coroner, offering to vndergoe the burden of appealing another therein na∣med. This pointe of our lawe, a∣mong others, is drawne from the Normans, as appeareth plainly by the grand custumarie. ca. 68. where there is set downe a so∣lemne discourse of both the ef∣fects of this appeale. viz. the or∣der of the cōbate, & of the tryall by enquest: of which by the common lawe of England, it is in the ioyce of the defendant, whether to take. See the newe booke of entrise. verbo Appel. & the booke of Assises. fo. 78. Appel.

Appeale of mahem (appellum mahemij) is an accusing of one that hath maymed another. But that being no felony, the appeale thereof is but in a sort, an action of trespas: because there is noe thing recouered but dammages. Bracton calleth this (appellum de plagis & mahemio) and writeth of it a whole chapter. li. 3. tract. 2. ca. 24. See S. Ed. Cook. 4. vol. fo. 43. a.

Appeale of wrong imprison∣ment (appellum de pace & impriso∣namento) is vsed by Bracton, for an action of wrong imprisonment, whereof he writeth a whole ita∣ctat. li. 3. tractat. 2. ca. 25.

Appeale (appellatio) is vsed in our common law diuers times, as it is taken in the civile lawe: which is a remouing of a cause from an inferiour iudge to a su∣periour as appeale to Rome. an. 24. H. 8. ca. 12. & an. 1. Elix. ca. 1. But it is more cōmonly vsed, for the priuate accusation, of a mur∣derer by a party, who had interest in the partie murdered or of any felon by one of his complices in the fact. See Approver.

Appendant (appendens) is any thing belonging to another, as accessorium principali, with the Ci∣vilians, or adiunctum subiecto, with the logicians. An hospitall may be appendant to a Maner. Fitzh. nat. br. fo. 142. Common of fishing appendant to a free hold. Westm. 2. ca. 25. anno. 13. Ed. 1.

Appertinances (pertinentiae) com∣meth of the French (appartenir. i. pertinere) It signifieth in our com∣mon lawe, things both corporal, belonging to another thing, as to the more principal: as hamlets to a chiefe Maner, common of pasture, turbarie, piscarie, and such like; and incorporeal, as li∣berties and services of tenents. Brit. ca. 39. where I note by the

way, that he accounteth com∣mon of pasture, turbarie, and pis∣cary, to be things corporal looke Common.

Apporcu••••ent (Apportion〈…〉〈…〉tū) 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 termes of lawe.

Apprentice (Apprenticius) com∣meth of the French (aprenti. i. tyro & rudis discipulus) or of the verb (apprendre. i. addiscere, discere) and signifieth with vs, one that is bound by couenant in word or writing, to serue another man of trade for certaine yeares, vpon condition, that the artificer or man of trade, shall in the meane time endeavour to instruct him in his art or misterie. S. Thomas Smith, in his booke de rep. Ang. li. 3. ca. 8. saith, that they are a kinde of bond men, differing onely, in that they be seruants by coue∣nant and for a time. Of these you may reade divers statutes made by the wisedome of our realme which I thinke superfluous heere to mention.

Appropriation (appropriatio) pro∣ceedeth from the French (appro∣prior. i. apeare, acc〈…〉〈…〉re) and properly signifieth, in the lawe of England, a severing of a benefice ecclesiasticall (which originally and in nature is, iuris diuini & in p〈…〉〈…〉 nullius) to the proper and perpetuall vse of some Reli∣gious house or Deane, &c. and Chapter, Bishop rick or Colledge. And the reason of the name I take to be this: because that whereas persons ordinarily be not accounted (domini) but (vsu∣fructuarij) hauing no right of fee simple. Littleton. titulo Discontinu∣ance: these, by reason of their perpetuitie, are accounted ow∣ners of the fee simple, and there∣fore are called proprietarij. And before the time of Richard the second, it was lawfull (as it see∣meeth) simply, at the least by mans lawe, to appropriate the whole fruites of a benefice to an abbey or priory, they finding one to serue the cure. But that King made so euill a thing more tole∣rable by a lawe, whereby he or∣deined, that in euery licence of appropriation made in chaunce∣rie, it should expresly be contai∣ned, that the diocesan of the place should prouide a conueni∣ent summe of money yearely to be paide out of the fruites, to∣ward the sustenance of the poore in that parish, and that the Vicar should be well and sufficiently endowed. anno. 15. Rich. 2. ca. 6. Touching the first institution, & other things worth the learning about appropriations, reade Plowden in Grendons case. fo. 496. b. & seqq. as also the new termes of lawe, verbo Appropriation. To

an appropriation, after the li∣cence obteined of the King in chauncerle, the consent of the Diocesan, Patron, and incum∣bent are necessarie, if the Church be full: but if the Church be voide, the Diocesan and the Pa∣tron vpon the Kings licence may conclude it. Plowden vbi supra. To dissolue an appropriation, it is e∣nough to present a Clerke to the Bishop. For, that once done, the benefice returneth to the former nature. Fitzh. nat. br. fo. 35. 〈◊〉〈◊〉.

Approvour (approbator) com∣meth of the French (approuver. i. approbare, comprobare, calculum al∣bo adijcere) It signifieth in our common law, one that cōfessing felony of him self, appealeth or accuseth another, one or more, to be guilty of the same; & he is cal∣led so, because he must prooue that which he hath alleadged in his appeale. Stawnf. pl. cor. fo. 142. And that proofe, is by battell or by the countrey, at his election that appealed. The forme of this accusation, you may in part ga∣ther by M. Cromptons Iustice of peace. fo. 250. & 251. that it is done before the coroner, either assigned vnto the selon by the court, to take and record what he saith, or els called by the felon himselfe, and required for the good of the Prince & common wealth, to record that which he saith, &c. The oath of the appro∣uer, when he beginneth the com∣bate, see also in Crompton in the very last page of his booke, as al∣so the proclamation by the He∣rald. Of the antiquity of this law, you may reade something in Horns myrror of Iustices, l. 1. in fine cap. del office del coroner. Of this al∣so see Bracton more at large, lib. 3. tract. 2. cap. 21. & 34. and Stawnf. pl. cor. lib. 2. cap. 52. cum seq.

Approuers of the king (Appru∣atores regis) be such as haue the setting of the kings demeasne•• in smal Manors to the kings best aduantage, anno 51. H. 3. stat. 5. See Approue.

Approue (appruare) commeth of the French (approuer, i. appro∣bare, comprobare, calculum albo adiicere) it signifieth in the com∣mon lawe to augment, or (as it were) to examine to the vtter∣most. For example: to approue land, is to make the best benefite thereof by increasing the rent, &c. So is the Substantiue (ap∣prouement) vsed in Cromptons iu∣risd. fol. 153. for the profits them selues. So is it likewise in the sta∣tute of Merton cap. 4. anno 2. H. 3 land newly approued, Old. nat. br. fol. 79. So the Sheriffes called themselues the kings approuers, anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the ga∣therers or exactors of the kings profits. And anno 9. H. 6. cap. 10.

Bailiffes of Lords in their fran∣chises be called their approuers. But anno 2. Ed. 3. cap. 12. Appro∣uers be certaine men especially sent into seuerall counties of the Realme, to increase the Fermes of hundreds and wapentakes, which formerly were set at a cer∣taine rate to the Sheriffes, who likewise dimised them to others, the countie Court excepted.

Approuement (appruamentum) see Approue. See the Register iu∣diciall. fol. 8. br. & 9. a. See the new tearmes of lawe, verbo (Ap∣prouement.)

Arbitratour (arbiter) may be taken to proceede from either the Latine (arbitrator,) or the French (arbitre) it signifieth an extraordinarie iudge in one or moe causes, betweene party and partie, chosen by their mutuall consents, West. parte 2. Symb. titulo Compromise. Sect. 21. who likewise diuideth arbitrement, into generall, that is, including all actions, quarels, executions, and demands, and special, which is of one or moe matters, facts, or things specified, eodem sect. 2. 3. 4. T〈…〉〈…〉vilians make a diffe∣rence betweene (arbitrum & ar∣bitratorem) l. 76. Π. pro socio. For though they both ground their power vpon the compromise of the parties: yet their libertie is diuers. For arbiter is tyed to pro∣ceede and iudge according to lawe with equitie mingled: arbi∣trator is permitted wholy to his owne discretion, without solem∣nitie of processe, or course of iudgement, to heare or deter∣mine the controuersie commit∣ted vnto him, so it be iuxta arbi∣trium boniviri.

Arches court (Curia de arcubus) is the chiefe and auncientest Cō∣sistorie, that belongeth to the Archbishop of Canterburie, for the debating of spiritual causes: and is so called of the Church in London dedicated to the blessed Virgin, commonly called Bow church, where it is kept. And the Church is called Bow church of the fashion of the Steeple or clocher thereof, whose toppe is raised of stone pillars builded arch-wise, like so many bent bowes.

The Iudge of this Court, is termed the Deane of the Arches, or the officiall of the Arches court. Deane of the Arches, be∣cause with this officialtie, is com∣monly ioyned a peculiar iurisdi∣ction of thirteene parishes in London tearmed a Deantie, being exempted from the authoritie of the Bishop of London, and be∣longing to the Archbishop of Canterburie: of which the parish of Bow is one & the chiefe, be∣cause the Court is there kept. Some others say, that he was first called Deane of the arches, be∣cause

the officiall to the Archbi∣shop, being many times employ∣ed abroad, in ambassages for the king and realme, the Deane of the Arches was his substitute in his court, and by that meanes the names became confounded. The iurisdiction of this Iudge is ordinarie, and extendeth it selfe through the whole Prouince of Canterburie. So that vpon any ap∣peale made, he foorthwith, and without any farder examinatiō of the cause, sendeth out his ci∣tation to the party appealed, and his inhibition to the Iudge, from whome the appeale is made. Of this he that will, may reade more in the booke intituled. De anti∣quitate Eccelesiae Britānicaehistoria.

Arma moluta, seeme to be sharpe weapons that doe cut, & not blunt that doe onely breake or bruise. Bracton. li. 3. tract. 2. ca. 23. & Stawnf. pl. cor. fo. 78. & 79. whereof Bracton hath these words: arma moluta plagam faci∣unt, sicut gladius, bisacuta, & hu∣iusmodi: ligna verò & lapides brusu∣ras, 〈…〉〈…〉bes, & ictus, qui iudicari non possunt ad plagam ad hoc, vt inde ve∣niri possit ad duellum.

Armour (arma) in the vnder∣standing of our common lawe, is extended to any thing, that a man in his anger or furie taketh into his hand, to cast at or strike ano∣ther. Cromptons Iustice of peace. fo. 65. a. So, armorum appellatio, non vti{que} scuta & gladios & galeas sig∣nificat, sed & fustes & lapides. l. 42. Π. de verbo. significatione.

Array (arraia, aliàs arraiamen∣tum) commeth of the French (ar∣ray. i. ordo.) which is an old word out of vse: or it may be well de∣duced from (raye. i. linea) It signi∣fieth in our commō lawe, the ran∣king or setting forth of a iurie or enquest of men impaneled vpō a cause. a. 18. H. 6 c. 14. Thence is the verb to array a panel. owld. nat. br. fo. 157. that is, to set forth one by another, the men empaneled. The array shalbe quashed. owld. nat. br. fo. 157. By statute, every ar∣ray in assise, ought to be made foure daies before. Broke. titulo Panel. nu. 10. to chalenge the ar∣ray. Kitchin. fo. 92.

Arreyers, seemeth to be vsed in the statut. anno. 12. Rich. 2. ca. 6. for such officers, as had care of the souldiers armour, to see them du∣ly appointed in ther kindes.

Arraine (arraniare) commeth of the French (arranger. i. astitue∣re, ordinare,) that is, to set a thing in order, or in his place, and the same signification it hath in our common law. For example, he is saide to arraine a writ of novel disseisin in a countie, that fitteth it for triall, before the Iustices of that circuit. owld nat. br. fo. 109. Litleton. fo. 78. vseth the same word in the same sence. viz. the lease arraineth an assise of nouel

disseisin. Also a prisoner is said to be arrained, where he is indigh∣ted and brought forth to his tri∣all. Arrained within the verge vpon murder. Stawnf. pl. cor. fo. 150. The course of this arrain∣ment, you may read in S. Thomas Smith. de repub. Anglo. li. 2. ca. 23.

Arrearages (arreragia) com∣meth of the French (arrierages. 1. reliqua) It signifieth the remaine of an account, or a summe of mony remaining in the hands of an accoūtant. It is vsed sometime more generally, for any mony vnpaide at the due time: as arrea∣rages of rent. That this word is borowed from France, it ap∣peareth by Tiraquel de vtro{que} re∣tractu. tomo. 3. pa. 32. nu. 10.

Arrest (arestum) commeth of the French (arrester. i. retinere, re∣tare, subsistere) or rather, it is a French word in it selfe, signifying a setling, stop, or stay, and is me∣taphorically vsed for a decree or determinatiō of a cause debated or disputed to and fro, as (arrest du Senat. i. placitum curiae) In our comon law, it is taken most of all for a stay or stoppe: as a man ap∣prehended for debt, &c. is said to be arrested. To pleade in ar∣rest of iudgment, is to shew cause why iudgment should be stay∣ed, though the verdict of the 12. be passed. To plead in arrest of taking the enquest vpon the former issue, is to shew cause why an enquest should not be ta∣ken, &c. Broke. tit. Repleder. Take this of learned M. Lambard in his eirenarch. li. 2. ca. 2. pa. 94. Budae. (saith he) in his greeke com∣mentaries is of opinion, that the French word (arrest) (which with them signifieth a decree or iudg∣ment of court, tooke beginning of the Greeke (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. placi∣tum) 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 partie: yet I beleeue rather, that we receiued the same from the Normane lawes, because we vse it in the same sence with thē. For commonly with vs, au arrest is taken for the execution of the commaundement of some court, or of some officer in iustice. But howsoeuer the name began: an arrest is a certaine restraint of a mans person, depriuing him of his owne will and libertie, and binding it to become obedient to the will of the lawe. And it may be called the beginning of imprisonment. Precepts & writs of the higher courts of lawe, do vse to expresse it by two sundry words: as (capias) and (attachies) which signifie to take or catch hold of a man. But this our pre∣cept noteth it by the words (du∣ci facias) that is, cause him to be conueyed, &c. For that the offi∣cer

hath (after a sort) taken him before, in that he commeth vnto him, and requireth him to go to some Iustice of the peace. Thus farre M. Lamberd. And by like this word is spred farder then France. For Gaile a Germaine writer sheweth by his Tractate (de arrestis imperii) that it is vsed also in the imperiall territories, & in the same significatiō, c. 1. n. 1.

Arrestandis bonis ne dissipentur, is a writ which lyeth for him, whose catell or goods are taken by another, that, during the con∣trouersie, doth, or is like to make them away, and will be hardly able to make satisfaction for thē afterward, Reg. orig. fol. 126. b.

Arrestando ipsum qui pecuniam recepit ad proficiscendum in obse∣quium Regis, &c. is a writ that li∣eth for the apprehension of him, that hath taken prest money to∣wards the kings warres, and lieth hidden when he should goe. Re∣gister. orig. 24. b.

Arresto facto super bonis merca∣torum alienigenorum, &c. is a writ that lyeth for a denizen against the goods of strangers of any o∣ther countrie, found within the kingdome, in recompence of goods taken frō him in the said countrie, after he hath hene de∣nied restitution there. Register. o∣rig. fo. 129. a. This among the aū∣ciēt Civilians was called (clariga∣tio) now barbarously (represali〈…〉〈…〉

Arretted (arrectatus) is he that is conuented before a Iudge, and charged with a crime. Stawnf. pl. cor. lib. 2. 45. quasi ad rectum vo∣catus. It is vsed somtime, for (im∣puted or laid vnto) as, no folly may be arretted to him being vnder age. Litleton cap. Remitter. The Latine substantiue (Rettum) is vsed in the Register orig. Chawcer vseth the verb (arret∣teth) id est, layeth blame, as M. Speight interpreteth it. I may probably coniecture, that this word is the Latine (rectum.) For Bracton hath this phrase (ad re∣ctum habere malefactorem) i. to haue the malefactor foorth co∣ming: so as he may be charged, and put to his triall. lib. 3. tract. 2. cap. 10. and in another place (rectatus de morte hominis) i. char∣ged with the death of a man, eod. cap. 1. num. 3.

Articles of the Cleargie (articu∣li Cleri) be certaine statutes made touching persons and causes ec∣clesiasticall, anno 9. Ed. 2. Like vnto which there were other made, anno 14. Ed. 3. stat. 3.

Assay of measures and waights (assaia mensurarum & ponderum) Register. orig. fol. 279. is the examination vsed by the Clerke of the market.

Assayer of the king, is an officer of the mint, for the due triall of siluer, indifferently appointed be∣twixt the maister of the Mint,

and the merchants that bring sil∣uer thither for exchange. anno 2. H. 6. cap. 12.

Assault, in sultus, commeth of the French verb (assailir. i. ado∣rmi, appetere, invadere) which French also proceedeth from the Latine (assilire. i. vim afferre, op∣pugnare.) It signifieth in our com∣mon lawe, a violent kind of iniu∣rie, offered to a mans person, of a higher nature then batterie. For it may be committed by offe∣ring of a blowe, or by fearefull speech. M. Lamberd in his eire∣nar. lib. 2. cap. 3. whome reade. The feudists call this (assultum) and define it thus: Assultus, est im∣petus in personam aut locum, fiue hoc pedibus fiat vel equo, aut ma∣chinis, aut quacunque alia re assili∣atur. Zasius de feud. parte 10. nu. 38. And (assilire) est, vim adferre, adoriri, oppugnare, li. feud. 1. tit. 5. §. 1.

Assach, seemeth to be a Welch word, and to signifie so much, as a kind of excuse, or strange kind of purgation by the oathes of three hundred men. anno 1. H. 5. cap. 6.

Assart (assartum) in M. Man∣woods iudgement, parte. 2. ca. 9. ru. 5. of his forest lawes, commeth of the French (assortir) signifying (as he saith) to make plaine, or to furnish; but rather indeede, to set in order and handsomly to dis∣pose. Assartum est, quod redactum est ad culturam. Fleta. li. 4. ca. 21. §. Item respondere. It signifieth, as the said M. Manwood saith. nu. 1. vbi supra, an offence committed in the forest, by plucking vp those woods by the rootes, that are thickets or coverts of the forest, and by making them plaine, as eatable land, where he also faith, that an assart of the Forest, is the greatest offence or trespasse of all other, that can be done in the forest, to vert or venifon, contai∣ning in it as much as waste or more. For whereas the waste of the Forest, is but the felling and cutting downe of the couerts, which may grow againe in time: an assart, is a plucking them vp, &c. which he confirmeth out of the redde booke in the Exche∣quer, in these words: Assarta verò, occasiones nominantur, quando sc: fo∣restae nemora vel dumeta, pascuis & latibulis ferarum oportuna, succi∣duntur: quibus succisis & radiciti•• avulsis, terra subvertitur & excoli∣tur. And again out of the Register originall. fo. 257. a. b. in the writ (ad quod damnum) sent out in case, where a man sueth for a licence, to assart his grounds in the Fo∣rest, and to make it severall for tillage. Soe that it is no offence, if it be done with licence. To this, may Bracton also be added. li. 4. ca. 38. nu. 11. where he saith, that these words (boscus es••icitur assar∣tum) signifie as much, as (redactus

in culturam) of this you may read more in Cromptons Iurisdictions. fo. 203. and in charta de foresta, anno. 9. H. 3. ca. 4. where the english word is not (assart) but assert, & in Manwood, parte. 1. of his Forest lawes. pa. 171. The word is vsed. anno. 4. Ed. 1. stat. 1. in the same signification. That which we call (assartum) is els where tearmed Disboscatio. Decis. Genu. 74.

Assembly vnlawfull, (illicita as∣semblata) cōmeth of the French (assembler. i. aggregare) whence also is the substantiue (assemblee. i. coitio, congregatio) It is in our common lawe (as M. Lamberd defineth it, eiren. li. 1. ca. 19.) the companie of 3. persons (or more) gathered together to doe an vn∣lawfull act, although they doe it not. See vnlawfull assemblie.

Assets (quod tantundem valet) Bract. li. 5. tract. 3. ca. 8. nu. 2. is no∣thing but the French (assez. 1. sa∣tis) For though this word masque vnder the vizard of a substantiue, it is in truth but an adverb. It sig∣nifieth in our common lawe, goods enough to discharge that bruden, which is cast vpon the executour or heire, in the satisfy∣ing of the testators or auncestors debts or legacies. See Brooke, titu∣lo Assets per discent: by whome you shall learne, that whosoeuer pleadeth assets, sayeth nothing, but that he against whome he pleadeth; hath enough descended or come to his hands, to dis∣charge that which is in demaūd. The author of the newe tearmes of lawe, maketh. 2. sorts of assets, viz. assets par discent, & assets en∣ter mains. the former, being to be alleaged against an heire, the other, against an executor or ad∣ministrator.

Assigne (assignare) both it selfe, and the French (assigner) come of the latine. It hath two signifi∣cations: one generall: as to ap∣point a deputè, or to set ouer a right vnto another. In which sig∣nification, Britton. fo. 122. saith this word was first brought into vse, for the fauour of Bastards; because they cannot runne vnder the name of heires to their fa∣thers, and therefore were, & are comprised vnder the name of (assignees) The other signification of this word is especial, as to ap∣pointe at, or set forth. viz. to as∣signe errour. old. br. nat. fo. 19. is to shew in what part of the proces errour is committed. To assigne false iudgement. eodem. fo. 17. that is, to declare how and where the iudgement is vniust. To assigne a false verdict. eodem. fo. 112. and to assigne an oath to be false. anno. 9. R. 2. ca. 3. To assigne the cessor, old. nat. br. fo. 134. 1. to shew how the plaintife had cessed, or giuen ouer. To assigne wast, is to shewe, wherein especially the wast is cōmitted. Reg. orig f. 72.

Assigne, in the generall signifi∣cation is vsed. anno 20. Ed 1. & anno 11. H. 6. cap. 2. in these words: Iustices assigned to take assises. And the Substantiue (as∣signement) hath the same signifi∣cation. Wests symb. parte 1. lib. 2. sect. 496. & seq. In which maner is also vsed the adiectiue (assig∣nee, assignatus) viz. for him that is appointed or deputed by ano∣ther to do any act, or performe any businesse, or enioy any com∣moditie. 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 lawe is he, whom the lawe so maketh without any appointment of the person. v. Dyer fol. 6. num. 5. Perkins in Grauntes saith, that an assignee is he, that occupieth a thing in his owne right, and de∣putè, he that doth it in the right of another.

Assise (assisa) commeth of the French (assise) which in the grand custumarie of Normandy, cap. 24. is defined to this effect. Assise is an assembly of Knights and other substantiall men, with the Bailiffe or Iustice in a certain place, and at a certaine time ap∣pointed. And againe, cap. 55. Assise is a court, in the which whatsoeuer is done, ought to haue perpetuall strength. This Normane word (assise) commeth of the French (asseoir. ••. collocare) to settle or bestow in some place certaine: as (s••asseoir) is to sit downe by another. And meta∣phorically it is vsed of things in∣corporeall: as (asseoir son iugement sur quelque lieu) is, interponere iu∣dicium suum. Of this verbe com∣meth the participle (assis) as (estre assis) i. sedere. And this Par∣ticiple in the grand custumarie of Normandie, cap. 68. is vsed, as we would say: appointed, limi∣ted, or determined, viz. (au iour qui est assis à faire la battaille, se doibuent les champions offrir á la iustice) that is: at the day which is appointed for the combat, the champions ought to offer them∣selues to the Iustice. So that by all these places compared toge∣ther, it is euident whence the o∣riginal of this word (assise) flow∣eth. How diuersly it is vsed in our common lawe, it followeth that we declare. First Litleton in the chapter, Rents. saith, that it is aequivocum: where he setteth downe three seuerall significati∣ons of it: one, as it is taken for a writ: another, as it is vsed for a Iurie: the third, as for an ordi∣nance. And him, he that listeth, may reade more at large. My collections haue serued me thus: first (assise) is taken for a writ di∣rected to the Shyreeue, for the re∣couerie of possession of things immoueable, whereof your selfe, or your auncestor haue bene

disseised. And this is as well of things corporall as incorporeall rights, being of foure sorts: as here they follow in their order.

Assise of novel disseisin (assisa no∣va disseisina) lyeth where a tenent in Fee-simple, Fee-taile, or for tearme of life, is lately disseised of his lands or tenements, or else of a rent seruice, rent seck, or rent charge, of common of pa∣sture, of an office, of tolle, tro∣nage, passage, pownage, or for a nusance leuied, and diuers o∣ther such like. For confirmation whereof, you may reade Glanvile lib. 10. cap. 2. Bracton lib. 4. tract. 1. per totum. Britton. cap. 70. & seqq. Register orig. fol. 197. Fitz. nat. br. fol. 177. 178. 179. new booke of entries. fol. 74. col. 3. West. 2. cap. 25. anno 13. Ed. 1. And to this may aptly be added the Bill of fresh force (friscae fortiae) which is directed to the officers or ma∣gistrates of Cities or Townes corporate, being a kinde of assise for recovery of possession in such places within 40. daies after the force, as the ordinarie assise is in the countie. Fitzh. nat. br. fo. 7. c. This the Civilians call, iudicium possessorium recuperandi.

Assise of mort d' auncester (assisa mortis antecessoris) lyeth, where my father, mother, brother, sister, vncle, aunte, &c. died seised of lands, tenements, rents, &c. that he had in see simple, and after his death a straunger abateth: an it is good, as well against the aba∣tour, as any other in possession. How likewise this is extended, see Bracton. li. 4. tract. 3. per totum. Britton. ca. 70. cum multis sequent. Fitzh. nat. br. fo. 114. Register. orig. fo. 223. This the Civilians call, Iudicium possessorium adipiscendi.

Assise of darrein presentment (assisa vltima praesentationis) lieth, where I, or mine auncestor haue presented a Clerke to a Church, and after (the Church being voide by the death of the said Clerke or otherwise) a straū∣ger presenteth his Clerke to the same Church, in disturbance of me. And how otherwise this writ is vsed; See Bracton. li. 4. tract. 2. Register. orig. fo. 30. Fitzh. nat. br. fo. 195.

Assise de vtrum (assisa vtrum) li∣eth either for a parson against a lay man, or a lay man against a parson, for land or tenement doubtfull, whether it be lay see, or free almes. And of this, see Bracton. li. 4. tract. 5. cap. 1. & seqq. Brit. ca. 95. The reason why these writs be called assises, may be diuers. First, because they settle the possession, and so an out∣ward right in him that obteineth by them. Secondly, they were o∣riginally spedde and executed at a certaine time and place for∣merly appointed. For by the Norman law, the time and place

must be knowne 40. daies before the Iustices sate of them: and by our lawe, there must be likewise 15. daies of preparation, except they be tried in those standing courts of the king in Westminster: as appeareth by Fitzh. nat. br. fo. 177. D. E. Lastly, they may be called assises, because they are tried most commonly by especi∣al courts, set & appointed for the purpose: as may be well proved not onely out of the custumarie of Normandie, but our bookes also: which shew, that in aunci∣ent times, Iustices were apointed by especiall commission, to dis∣patch controversies of possessi∣on, one or more, in this or that onely countie, as accasion fell out, or disseisins were offered, & that as well in terme time, as out of terme: whereas of later daies, wee see that all these commissi∣ons of asseses, of eyre, of oyer & terminer, of gaol deliuerie, and of nisi prius, are dispatched all at one time, by two severall circu∣its in the yeare; out of terme, and by such as haue the greatest sway of Iustice, being al of them, either the Kings ordinarie Iustices of his benches, Sergeants at the lawe, or such like.

Assise, in the second significa∣tion (according to Litleton) is v∣sed for a Iurie. For (to vse his owne example) it is set downe in the beginning of the record of an assise, of novel disseisin. Assissa venit recognitura; which is as much to say, as Iuratores veniunt recognituri. The reason why the Iurie is called an assise, he giueth to be this: because by the writte of assise, the Shyreeue is com∣maunded, quòd faciat duodecim li∣beros & legales homines de viceneto &c. videre tenementum illud, & no∣mina eorum imbreviari, & quod summoneat eos per bonas summoni∣tiones, quòd sint coram Iustitiarijs, &c. parati inde facere recognitio∣nem, &c. This is (as if he should haue spoken shorter) metonymia effecti. For they are called the as∣sises, because they are summoned by vertue of the writ so termed. And yet the Iurie summoned v∣pon a writ of right, is likewise called the assise, as himself there confesseth: which writ of right is not an assise. But this may be said to be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or abu∣siuely so tearmed. Assise, in this signification, is diuided in mag∣nam & paruam. Glanvile lib. 2. ca. 6. 7. &c. and Britton. c. 12. where it appeareth, wherein the great assise differeth from the petit as∣sise: whome I wish to be read, by those that would be furder in∣structed in this point. For this place, thus much in short. The former 4. kindes of assises vsed in actions only possessory, be cal∣led petit assises, in respect of the graund assise. For the law of feese

is groūded vpon two rights: one of possession, the other of pro∣pertie: and as the grand assise serueth for the right of property, so the petit assise serueth for the right of possession. Horns myr∣ror of Iustices, lib. 2. cap. de novel. disseisin.

Assise in the third signification according to Litleton, is an ordi∣nance or statute: as the statute of bread and ale made, anno 51. H. 3 is termed the assise of bread and ale (assisa panis & ceruiciae, Regist. orig. fol. 279. b. The assise of Cla∣rendon, (assisa de Clarendon) wher∣by those that be accused of any hainous crime, and not able to purge themselues by fire and wa∣ter, but must abiure the realme, had libertie of 40. daies to stay, and trie what succour they could get of their friends, toward their sustenance in exile. Stawnf. pl. cor. fol. 118. out of Bracton li. 3. tract. 2. cap. 16. num. 2. Of this also Roger Hoveden maketh mention, and more particularly then any that I haue read, parte poster. suo∣rum annalium, fol. 313. b. in Hen∣rico secundo. Assise of the Forest, (assisa de Foresta) which is a sta∣tute or constitution touching or∣ders to be obserued in the kings forest. Manwood parte. 1. of his Fo∣rest lawes, pag. 35. Crompton in the Court of the Iustices of the Forest per totum, fol. 146. & seq. And the assise of the king, anno. 18. Ed. 3. stat. 1. called the sta∣tute for view of Francke pledge. And these be called assises, be∣cause they set downe and ap∣point a certaine measure, rate, or order in the things which they concerne. Of assise in this signifi∣cation doth Glanvil also speake, lib. 9. cap. 10. in fine. Generaliter verum est quod de quolibet placito quod in comitath deducitur & ter∣minatur, misericordia quae inde pro∣uenit, vicecomiti debetur: quae quanta sit, per nullam assisam gene∣ralem determinatum est. And thus much touching Litletons diuisiō. But if we marke well the writers of the lawe, we shall find this word (assise) more diuersly vsed, then this author hath noted. For it is vsed sometime for the mea∣sure or quantity it selfe, (and that per Metonymiam effecti) because it is the very scantline described or commaunded by the ordi∣nance: as for example we say, when wheate, &c. is of this price, then the bread, &c. shall be of this assise. This word is furder taken, for the whole processe in court vpon the writ of assise, or for some part therof, as the issue or verdict of the Iury. For exam∣ple, assises of new disseisin, &c. shall not be taken, but in their shires, and after this maner, &c. mag. char. cap. 12. And so it see∣meth to 〈…〉〈…〉nifie, Westm. 2. cap. 25. anno 13. Ed. 1. in these words:

let the disseisiours alledge no false exceptions, whereby the taking of the assises may be de∣ferred, &c. And anno 34. Ed. 1. stat. 2. if it be found by assise: the assise in arrained: to averre by the assise: the assise by their de∣fault shal passe against them: and also an. 1. H. 6. cap. 2. assises awarded by default of the te∣nents, &c: Lastly, by Merton, cap. 4. anno 20. H. 3. certified by the assise, quite by the assise, &c. And in this signification, Glanvile cal∣leth it, magnam assisam domim re∣gis: quae ex duodecim ad minus le∣galium hominum sacramentis consi∣stit. lib. 2. cap. 7. Bracton vseth it in like sort: as assisa cadit in trans∣gressionem. lib. 4. cap. 30. & assisa cadit in perambulationem. codem. cap. 31. num. 2. Fleta defineth an assise in this signification, thus: Assisa in iure possessorio, est quaedam recognitio duodecim hominum iura∣torum, per quam Iusticiary certio∣rantur de articulis in breui conten∣tis. An assise also thus signifying, is said sometime to passe, (per modum assisae) and sometime in modum 〈…〉〈…〉ata. in maner of an as∣sise, when onely the disseisin in question, is put to the trial of the twelue in maner of a iurie, when as any exception is obiected to disable the interest of the dis∣seisee, and is put to be tryed by the twelue, before the assise can passe. As for example: Quaestio status, causa successionis, causa do∣nationis, pactum siue conditio vel cō∣nentio, voluntas & dissimulatio, transactio, vel quietaclamatio vel remissio, confirmatio siue consensus, propria vsurpatio rei propriae, difficul∣tas iudicij, iustum iudicium, finis, chirographum, intrusio in rem alie∣nam, vel disseisina, si in continenti reijciatur, negligentia quae per tran∣situm temporis excludit actunem. Fleta. lib. 4. cap. 10. §. 1. whome reade also to this point, cap. 11. §. Siautem à Domino: and at large, cap. 16. eiusdem libri. & lib. 5. cap. 6. §. Item. vertitur assisa & seq. And note that assise in this signi∣fication, is taken foure waies, Old nat. br. fol. 105. The first, is assise at large, which is taken aswell vpon other points, as vpon the disseisin. For example, where an infant bringeth an assise, and the deed of his auncestor is pleaded, whereby he claimeth his right or foundeth his title: then the as∣sise shall be taken at large: that is, the Iurie shall enquire, not on∣ly whether the plaintiffe were disseised or not by the tenent, but also of these other points: viz. whether his auncestor were of full age, of good memorie, and out of prison, when he made the deed pleaded. Another example out of Kitchin, fol. 66. The te∣nent pleadeth a forraine release, in barre to an assise, whereupon the cause was adiourned. At the

day the tenent maketh default. Therefore the assise was taken at large: that is, not onely whether the plaintiffe were disseised, but also whether there be any such forraine release. A third example you may reade in Litleton. cap. Estates vpon condition. The se∣cond maner of assise in point of assise (assisa in modum assisae) which is, when the tenent, as it were, setting foote to foot with the demandant, without furder circumstance, pleadeth directly contrarie to the writ, no wrong, no disseisin. The third manner is, assise out of the point of assise (assisa extra assisam, vel in modum iuratae.) viz. when the tenent al∣ledgeth some by exception, that must be tried by a Iurie, before the principall cause can proceed: as if he pleade a foreine release, or foreine mater tryable in ano∣ther countie. For in this case, the Iustices referre the record to the Court of common plees, for the triall of the foreine plee, before the disseisin can come to be dis∣cussed. Of this sort reade diuers other examples in Bracton, lib. 4. part. 1. cap. 34. For there be of them (as he saith) and Britton al∣so, cap. 52. both dilatorie and peremptorie. The fourth and last manner is: assise of right of dam∣mages, and that is, when the te∣nent confessing a putting out, and referring it to a demurter in lawe, whether it were rightly done or not, is adiudged to haue done wrong. For then shall the demandant haue a writ to reco∣uer dammages, which is called assise to recouer dammages, as also the whole processe.

Assise, is further taken for the court, place, or time, where and when the writs and processes of assise be handled or taken. And in this signification assise is generall: as when the Iustices passe their seuerall circuits, euery couple with their commission, to take all assises twice in the yeare. For he that speaketh of a∣ny thing done, at that time, and in that place, will commonly say, that it was done at the ge∣nerall assise. It may likewise be speciall, in this signification: as if an especiall commission should be granted to certaine (as in an∣cient times they often were, Bra∣cton. lib. 3. cap. 11. in fine) for the taking of an assise vpon one dis∣seisin or two: any thing done in the court before them, a man would say, it was done at such an especiall assise. And in this very signification doth Glanvil vse it, lib. 9. cap. 12. in these words: Si contra dominum suum & non infra assisam, tunc distringitur ipse occu∣pator, &c. and lib. 13. cap. 32. in these words: cum quis itaque infra assisam domini regis. i. infra tempus à domino rege de consilio procarum

ad hoc constitutum, quod quando{que} maius, quando{que} minus censetur, a∣lium iniustè & sine iudicio disseisive∣r〈…〉〈…〉, &c. Of this word assise, you may reade in M. Skene, de verbo. signif. verbo. Assise, and by him vnderstand, that in Scotland also it is diuersely vsed, viz. in 5. se∣uerall significations. And tou∣ching the fifth signification, he hath these words: An assise is cal∣led a certaine number of men lawfully summoned, receiued, sworne and admitted to iudge and discerne in sundrie civil cau∣ses, syke as perambulations, cog∣nitions, molestations, pourprestu∣re, division of lands, seruing of brieues, and in all and sundrie criminall causes decided and tri∣ed by an assise: whereof there are two kinds: one ordinarily in vse, which may be called a litle assise of the number of 13. or 15 persons: the other, called a great assise, which consisteth of 25. persons, &c. The rest is very worthe the reading.

Assisa continuanda, is a writte directed to the Iustices assigned to take an assise, for the continu∣ance of the cause, in case where certaine records alleaged, cannot in time be procured by the party that would vse it. Reg. orig. f. 217.

Assisa proroganda, is a writ di∣rected to the Iustices of assise, for the stay of proceeding, by reason of the Kings buisnes, wherein the partie is imploied. Register. orig. fo. 208. and fo. 221.

Association (associatio) is a pa∣tent sent by the King, either of his owne motion, or at the suite of the plaintife, to Iustices ap∣pointed to take assises of novel disseisin, or of oyer and terminer, &c. to take others vnto them as felowes and collegues in that bu∣sines. The dirivation is plaine: the examples, and sundrie vses here∣of you may finde, in Fitz••. nat. br. fo. 185. E. & fo 111. B. but more particularly in the Reg. orig. f. 201. 202. 205. 206. 207. 223. 224.

Assoile (absolvere) commeth of the French (absouldre) and signifi∣eth to deliuer or set free from an excommunication. Stawnf. pl. cor. fo. 72. in words to this effect: O∣therwise the defendāt should re∣maine in prison, vntill the plain∣tiffe were assoyled, that is, deliue∣red from his excommunication.

Assumpsit, is a voluntarie pro∣mise made by word, whereby a man assumeth or taketh vpon him to performe or pay any thing vnto another. This word containeth any verball promise made vpon consideration, which the Civilians expresse by divers words, according to the nature of the promise, calling it some∣time pactum, sometime sponsionē, sometime promissionem, pollicitatio∣nem or constitutum, the word see∣meth to be drawne from the la∣tine

(assumptio) quae significat pro∣fessionem. l. Π. ad municipalem.

Attache (attachiare) cōmeth of the French (attacher. i. figere, ne∣ctere, illigare, defigere, alligare.) In our common lawe it signifieth, to take or apprehend by com∣maundement or writte. And M. Lamberd in his eirenarch. li. 1. cap. 16. maketh this difference be∣tweene an arrest and an attache∣ment, 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 formall words (duci facius &c) and a writ of attachment these words: (praecipimus tibi quòd atta∣chies talem, & habeas eum co∣ram nobis &c. whereby it appea∣reth, that he which arresteth, ca∣rieth the party arrested to ano∣ther higher person to be dispo∣sed of forth with, he that attach∣eth, keepeth the party attached, and presenteth him in court at the day assigned in attachement. yet I obserue out of Master Kit∣chin, that an attachement issueth out of a court baron, which is a lowe court. cap: Attachment in court baron, fo. 79. Another dif∣ference there is, that an arrest li∣eth onely vpon the body of a man, and an attachement some time vpon his good, as shalbe shewed in the sequele. It may be likewise asked how an attache∣ment and a (capias) doe differ: & how an attachement and a (cape) and an attachement and a di∣stresse. First that an attachement differeth from a (capias) it appea∣reth by Kitchin in these words: fo. 79. Note that in a court Baron a man shalbe attached by his goods; and a (capias) shall not goe out thence. wherby I gather, that an attachement is more generall, taking hold of a mans goods, and a (capias) of his body onely. Then an attachement dif∣fereth from a (cape) in this, be∣cause a (cape) be it (cape magnum) or (cape parvum) taketh hold of immoveables, as lands or tene∣ments, and are properly belon∣ging to action reall: as you may gather out of their formes, in Fitzh. nat. br. whereas attache∣mēt hath rather place in actions personall, as Bracton plainly set∣teth downe. li. 4. tracta. 4. ca. 5. nu. 3. Where neuerthelesse it appea∣reth, that a (cape) may be likewise vsed in an action personall. An attachement (as it is formerly said) taketh hold of moueable goods or the bodie. For it appea∣reth, by Kitchin. fo. 263. that a man may be attached by a hun∣dred sheepe. Reade Skene, de ver∣bo. signific. verbo attachiamentum.

Now it followeth to shew how attachement differeth from a distresse. For so it doth, as may be shewed out of Kitchin, fo. 78.

where he saith, that processe in court baron, is summons, attach∣ment, and distresse, out of the owld. nat. br. fo. 27. where it is said, that a processe in a (quare impedit) is summons, attachement, and one distresse, and, againe fo. 28. wheare (speaking of the writ) ne admittas) he saieth thus: and the processe is one prohibition, and vpon the prohibition an attach∣ment and distresse, and fo. 32. in a writ of (Indicauit) you haue these words: and after the attach∣ment returned, the distresse shall goe out of the rols of the Iustices. Bracton on the other side, li. 5. tract. 3. ca. 4. nu. 2. sheweth, that both (attachiamentum, & mag∣num cape, districtiones sunt). of which opinion Fleta also is, li. 5. ca. 24. §. si autem ad. But there al∣so he saith, that (attachiamentum est districtio personalis, & cape mag∣num districtio realis. So that by his opinion, districtio is (genus) to at∣tachement. Britton in his 26. chapter, hath words to this effect: but in attachement of fe∣lony, there commeth no distresse, otherwise then by the body. And if the Shyreeue return in the ca∣ses aforesaid, that the trespas∣sours haue nothing in his bayli∣wick, by the which they may be distreined, it must be awarded that he take their bodies, &c. In which place, an attachement is plainly vsed, for an apprehension of an offender by his goods. So that to conclude, I finde no dif∣ference between an attachment, and a distresse, but these two•• that an attachement reacheth not to lands, as a distresse doth, and that a distresse toucheth not the bodie (if it be properly taken) as an attachement doth. yet are they diuers times con∣founded, as may appeare by the places formerly alleadged, and by Glanvile. li. 10. ca. 3. and Fleta. li. 2. ca. 66. & seqq. How be it, in the most common vse, an attach∣ment is an apprehēsion of a man by his body, to bring him to an∣swer the action of the plaintiffe: a distresse is the taking of ano∣ther mans goods, for some reall cause, as rent, seruice, or such like, whereby to driue him to reple∣vie, and so to be plaintiffe in an action of trespas, against him that distreined him. And so much for the difference, and coherēcie of these words. See also Distres.

I finde in West. parte. 2. symbo∣laio. titulo. proceedings in chaun∣cerie. sect. 22. 23. that attachemēt out of the chaūcery is two-fold, one simple, and originally de∣creed for the apprehension of of the partie: the other, after re∣turn made by the Shyreeue quod defendens non est inventus in baliva sua, with proclamations made through the whole courtie, in such places, as he shall thinke

meete, that the partie appeare by a day assigned, and that he at∣tached never the lesse, if he may be found. This second kinde hath an affinitie with the cano∣nists (vijs & modis) at the which if the partie appeare not, he is excommunicate: or with the Ci∣vilians (vijs & modis vnâ cum inti∣matione) For in the chaūcerie, if he com not vpō this, he is forth with pressed with a writ of rebellion.

There is an attachment of pri∣viledge, which is a power to ap∣prehend a man in a priviledged place, or els, by vertue of a mans priuiledge, to call another to this or that courte, whereunto he himselfe belongeth, and in res∣pect whereof, he is priviledged. Newe booke of entrise. verbo priviledge. fo. 431. col. 2. There is also a foreine attachement, which is an attachement of a fo∣riners goods found within a li∣bertie or citie, to satisfie some creditour of his within the citie. There is also an attachement of the forest, which is a court there held. For (as M. Manwood saith) in his first parte of forest lawes, p. 90. 92. 99. there be three courts of the forest, wherof the lowest is called the (Attachement) the meane, the (swaynemote) the highest, the (Iustice seate in eyre.) This court of attachement see∣meth so to be called, because the verderours of the forest haue therein no other authoritie, but to receiue the attachements of offenders against vert and veni∣son, taken by the rest of the offi∣cers, and to enrol them, that they may be presented and punished at the next Iustice seate. Man∣wood. parte. 1. pa. 93. And this at∣taching is by three meanes, by goods and catels, by body, pled∣ges, and mainprise, or by the bo∣dy onely. The courte is kept eue∣ry. 40. daies throughout the yere. And he that hath occasion to learne more of this, I refer, him to M. Manwood, loco quo supra, & to M. Crompton in his courte of the forest. Attachement is com∣maunded in writs, the diversitie whereof you may see, in the Re∣gister originall vnder the word Attachiamentum in indice.

At large, see assise at large in the word assise, and owld nat. br. fo. 105. Verdict at large. Littleton. fo. 98. To vouch at large. owld. nat. br. fo. 108. To make title at large. Kitchin. fo. 68. See Barre.

Attaint (attincta) commeth of the French, as you shall see in the word (attainted) But as it is a sub∣stantiue, it is vsed for a writ that lyeth after iudgement, against a Iurie that hath giuen a false ver∣dict in any court of record (be the action reall or personall) if the debt or dammages surmount the summe of 40. shillings: what the forme of the writ is, and how

in vse it is extended, see Fitzena. br. fol. 105. and the new booke of entries, fol. 84. colum. 1. The reason why it is so called, see∣meth to be, because the partie that obtaineth it, endeuoureth thereby to touch, deprehend, or staine the Iurie with periurie, by whose verdict he is grieued. What the punishment of this periurie is, or of him that brin∣geth the writ against the Iurie, if he faile in his proofe, see Glan∣vile lib. 2. cap. 19. Fitz. nat. br. fol. 109. K. Io. & 110. A. B. C. D. &c. the termes of the lawe, verb. Attaint. Fortescue cap. 26. Smith de rep. Anglo. lib. 3. cap. 2. and anno 11. H. 7. cap. 21. & an. 23. H. 8. cap. 3. and others. In what diuersitie of cases this writ is brought, see the Register orig. in Indice.

Attainted (attinctus) commeth of the French (teindre. i. tingere: the participle whereof is (teinct: i. tinctus,) or else of (attaindre. i. assequi, attingere.) It is vsed in our common lawe, particularly for such as are found guiltie of some crime or offence, and especially of felonie or treason. How be it a man is said to be attainted of of disseisin. Westm. 1. cap. 24. & 36. anno 3. Ed. 1. And so it is ta∣ken in French likewise (as estre attaint & vayncu en aucun cas) is to be cast in any case. Which maketh me to thinke that it ra∣ther cōmeth from (attaindre) as we would say in english catched, ouertaken, or playnly deprehen∣ded. And Britton ca. 75. vseth the participle (attaint) in the sence that we say (attained vnto) A man is attainted by two meanes: by appearance or by proces. Stawnf. pl. cor. fo. 44. Attaynder by by apparence, is by confession, by battelll, or by verdict. idem. fo. 122. Confession whereof attaynt groweth, is double: one at the barre before the iudges, when the prisoner vpon his endict∣ment read, being asked guilty or not guilty, answeareth guilty, neuer putting himselfe vpon the verdict of the Iurie: the o∣ther is before the coroner in san∣ctuarie, where he vpon his con∣fession was in former times con∣streyned to abiure the Realme. which kinde also of the effect, is called attaynder by abiuration. Idem. fo. 182. Attaynder by battel is, when the party appealed by another, and chusing to trie the the truth by combat rather then by Iurie, is vanquished. Idem. fo. 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty: hath an enquest 〈◊〉〈◊〉 life and death passing vpon him and is by their verdict or doom•• pronounced guiltie. Idem fo. 108. & 192. Attainder by processe (otherwise called attainder by

default, or attainder by outla∣garie) is where a partie flieth, and is not found vntill he haue bene fiue times called publikely in the countie, and at the last out-lawed vpon his default. Idem. fol. 44. I find by the same author. fol. 108. that he maketh a difference be∣tween attainder and conuiction, in these words: And note the di∣uersitie betweene attainder and conuiction, &c. And with this a∣greeth the Statute, anno 34. & 35. H. 8. cap. 14. in ipso principio, and anno 1. Ed. 6. cap. 12. in these words: that then euery such of∣fender being duly thereof con∣victed or attainted, by the lawes of this realme, &c. And againe, in these words: Euery woman that is, or shall fortune to be wife of the person so attainted, con∣victed, or outlawed, &c. To this you may likewise adde the flat. anno 2. & 3. Edw. 6. cap. 33. And I find by Stawnf. pl. cor. fol. 66. that a man by our ancient lawes, was said to be conuicted pre∣sently vpon the verdict (guiltie) but not to be attainted, vntill it appeared that he was no clerke: or being a clerke, and demanded of his ordinarie, could not purge himselfe. So that a man was not attainted vpon conuiction, ex∣cept he were no Clerke: and, in one word, it appeareth, that at∣tainder is larger then conuiction; conuiction being onely by the Iurie.

And attainder is not before iudgement, Perkins Graunti. num. 27. 29. Yet it appeareth by Stawnf. fol. 9. that conuiction is called attainder sometime. For there he saith, that the verdict of the Iurie doth either acquit or at∣taint a man: and so it is, Westm. pr. cap. 14. anno 3. Ed. 1. This aun∣cient lawe touching the conui∣ction and purgation of Clerkes, is altered, by anno 23. Eliz. cap. 2. as you may farder reade in Cler∣gie.

Attainder (Attinctus) though it be most vsed in matters of fe∣lonie and treason: yet is it like∣wise applied to inferior trans∣gressions, as to disseisin, Westm. 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint, and Attain∣ted.

Attendant (attendens) cōmeth of the French (attendre. i. demo∣rari, opperiri, expectare, praestolari,) it signifieth in our common law, one that oweth a dutie or seruice to another, or after a sort de∣pendeth of another. For exam∣ple, there is Lord, mesn, and te∣nent: the tenent holdeth of the mesn by a peny; the mesn hol∣deth ouer by two pence. The meane releaseth to the tenent all the right he hath in the land, and the tenent dyeth. His wife shall be endowed of the land, and she shall be attendent to the heire of the third part of the peny, and

not of the third part of the two pence. For she shall be endowed of the best possession of her hus∣band. Another hath, Kitchin, fol. 209. in these words: where the wife is endowed by the gardian, she shal be attendant to the gar∣dian, and to the heire at his full age: with whome agreeth Per∣kins also, in Dower. 424.

Atturney (atturnatus) cōmeth of the French (tourner. i. vertere) as, tourner son esprit à faire quelque chose, i. animum ad rem aliquam in∣clinare.) Thence commeth the participle (tournè. i. versus, con∣versus,) and the Substantiue (tour. i. vices, vicissitudo) as, chacun à son tour, i. quilibet sua vice.) It signi∣fieth in our common lawe, one appointed by another man to do any thing in his steade, as much as (procurator) or (fyndicus) in the ciuill lawe, West. parte 1. Sym∣bolayogr. lib. 2. sect. 559. defineth it thus: Atturneys be such per∣sons, as by the consent, com∣mandement, or request, do take heed, fee to, and take vpon them the charge of other mens busi∣nes in their absence, by whome they are commaunded or reque∣sted. And where it seemeth that in auncient time, those of autho∣ritie in Courts, had it in their ar∣bitriment, whether they would suffer men to appeare, or sue by any other then themselues, as is euident, by Fitz. nat. br. fol. 25. in the writ. Dedimus potest atem de atturnato facundo, where it is shewed, that men were driuen to procure the kings writs or let∣ters parents to appoint Attur∣neys for them: it is sithence pro∣uided by Statutes, that it should be lawfull so to do without any such circuit, as by the Statute. an∣no 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem. stat. 2. an. 12. Ed. 2. 1. anno 15. eiusdem cap. vnico. anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. & anno 17. H. 7. cap. 2. is to be proued. And you may see great diuersitie of writs, in the table of the Regi. origin. wherein the king by his writ commaundeth the Iudges to admit of Atturneys. Wherby there grew at the last so many vnskilfull Atturneys, and so ma∣ny mischiefes by them, that pro∣uision for restraining them was requisite. Wherefore anno 4. H. 4. cap. 18. it was ordained, that the Iustices should examine them, and displace the vnskilfull. And againe, anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo〈…〉〈…〉 and Southfolke. In what cases a man at this day may haue an At∣turney, and in what not, see F••••. vbisupra. Atturney is either ge∣nerall or speciall: Atturney gene∣rall is he, that by generall autho∣ritie is appointed to all our af∣faires

or suites: as the Atturney generall of the king. pl. cor. fol. 152. which is as much as (Procu∣rater Caesaris) was in the Romane Empire. Atturney general of the Duke, Cromptons Iurisd. fol. 105. Atturney speciall or particular is he, that is employed in one or more causes particularly speci∣fied. Atturneys generall be made after two sorts: either by the kings leters patents before him or the Lord Chancelour, or by our appointment before Iustices in eyre in open court, Glanvile li. 11. cap. pri. Britton. cap. 126. whome of this thing you may reade more at large. There be al∣so in respect of the diuers courts, Atturneys at large, and Attur∣neys special, belonging to this or that court onely. The name is borrowed of the Normanes, as appeareth by the custumarie, cap. 65. And I find the word (attor∣nati) or as some reade (tornati) in the same signification in the title (de statu regularium) ca. vnico. §. Perrò i. n sexto.) where the glosse saith, that Atturnati dicun∣tur Procuratores apud acta constitu∣ti. Our old Latine word for this seemeth 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 Atturney of the defendant, as (prolocutor) is for the persewer. M. Skene de verb. significatione. Responsalis, as Sig••nius witnesseth, in his first booke de regno Italie, was in auncient time, the title of the Popes ambassadour, pag. 11.

Atturney of the court of wards and Liueries (Atturnatus regis in curia Wardorum & Liberaturarū) is the third officer in that Court, who must be a person learned in the lawes of the land, being na∣med 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 serue the king, as his At∣turney in all courts, for and con∣cerning any mater or cause, that toucheth the possessions and he∣reditaments limited to the suruey and gouernement of this court, and to procure the kings profite thereof: truly to councell the king, and the Master of the Court, in all things concerning the same, to the best of his cunning, witte, and power: and with all speed and diligence from time to time at the calling of the Master, to endeuour himself for the hea∣ring and determination indiffe∣rently of such matters & causes, as depend before the Master: not to take any gift or reward in any mater or cause depending in the court, or else where, wherein the king shall be partie, whereby the king shall be hurt, hindred, or disinherited: to do to his power,

wit, and cunning, all and euery thing that appertaineth to his office.

Atturney of the Court of the Duchie of Lancaster, (Atturnatus curia Ducatus Lancastriae) is the second officer in that Court, and seemeth, for his skill in law; to be there placed as (assessor) to the Chanceler of that court, being for the most part, some honora∣ble man, and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents, then for any great learning, as was vsuall with the Emperors of Rome, in the choice of their Magistrates.

Attournment (attornamentum) commeth of the French (tourner. i. vertero) and in our common lawe, is an yeelding of the tenent to a new Lord, or acknowledge∣ment of him to be his Lord. For otherwise he that buyeth or ob∣taineth any lands or tenements of another, which are in the oc∣cupation of a third, cannot get possession: yet see the statute, an. 27. H. 8. cap. 16. The words v∣sed in atturnment are set downe in Litleton. I agree me to the graunt made to you, &c. But the more common atturnment is to say: Sir, I attourn to you by force of the same graunt: or, I become your tenent, &c. or else deliuer vnto the grauntee a peny, halfe∣peny, or farding, by way of at∣tournment, Litleton lib. 3. cap. At∣tournment. 10. whome you may reade more at large, and find that his definition proceedeth from more lawe then Logicke•• because he setteth downe diuers other cases in the same chapter, whereto attournment appertai∣neth as properly as vnto this. But you may perceiue there, that at∣tournment is the transposing of those duties that the tenent ought to his former Lord, vnto another, as to his Lord: and also, that attournment is either by word or by act, &c. Also attourn∣ment is voluntarie, or else com∣pulsorie, by the writ tearmed Per quaeseruitia, Owld. nat. br. fol. 155. or sometime by distresse. Fitzh. nat. br. fol. 147. Lastly, attourn∣ment may be made to the Lord himselfe or to his Steward in Court, Kitchin. fol. 70. And there is attournment in deede, and at∣tournment in lawe. Coke vol. 6. fo. 113. a. Attournment in lawe, is an act, which though it be no expresse attournment, yet in in∣tendment of law is all one.

(Atturnato faciendo vel vecipi∣endo) is a writ which a man owe∣ing suite to a countie, hundred, weapon take, or other court, and desiring to make an attourney, to appeare for him at the same court, whome he doubteth whe∣ther the Shyreeue or bailiffe will admit or not for his Attourney

there, purchaseth, to commaund him to receiue such a man for his attourney, and admit his ap∣pearance by him. The forme and other circumstances whereof, see in Fitzh. nat. br. fo 156.

Audiendo & terminando, is a writ, but more properly tearmed a commission, directed to cer∣taine persons, when as any great assembly, insurrectiō, or heinous demeanure or trespasse is com∣mitted in any place, for the ap∣peasing, and punishment thereof. which you may read at large, in Fitzh. nat. br. fo. 110. See also oyer & terminer.

Andience courte (Curia audien∣tiae Cantuariensis) is a court be∣longing to the Archbishop of Canterburie, of equall authoritie with the Arches court, though inferior both in dignity and an∣tiquitie. The originall of this court was, because the Archeb. of Canterbury heard many causes ex∣tra iudicially at home in his owne palace, in which, before he would finally determine any thing, he did vsually commit them to be discussed by certaine learned men in the ciuile & canon lawes, whome thereupon be termed his auditors. And so in time it grew to one especiall man, who at this day is called (Causarum negotiorum{que} audientiae Cantuarien∣sis auditor seu officialis. And with this office hath heretofore com∣monly bene ioyned the Chance∣lership of the Archbishop, who medleth not in any point of cō∣tentious iurisdiction, that is, de∣sciding of causes betweene par∣ty and party (except such as are ventilated pro forma onely, as the confirmation of bishops electi∣ons, or such like) but onely of of∣fice, and especially such as are voluntariae iurisdictionis, as the granting of the custody of the spiritualties, during the vacation of Bishoprickes, Institutions to benefices, dispensing with banes of matrimonie, and such like. But this is now distinguished in person from the Audience. Of this Audience court, you may reade more in the booke, intitu∣led De antiquitate ecclasiae Brittan∣nicae historia.

Audita querela, is a writ, that lieth against him, who hauing taken the bond called (statute Merchant) of another, and cra∣ving or hauing obteined execu∣tion of the same at the Maior & Bayliffes hands, before whome it was entred, at the complaint of the partie who entred the same, vpon suggestion of some iust cause why execution should not be graunted; as a release, or other exception. This writ is graunted by the Chaunceler of England, vpon veiwe of the exception suggested, to the Iusti∣ces of the common banke, or of

the Kings benche, willing them to graunt summons to the Shy∣recue of the countie, where the creditour is, for his appearance at a certain day before them. See more in owld. nat. br. fo. 66. and Fitzh. nat. br. fo. 102.

Auditour (auditor) commeth of the French (auditeur) and in our lawe, signifieth an officer of the king, or some other great perso∣nage, which yearely by exami∣ning the accounts of all vnder officers accountable, maketh vp a generall booke, that sheweth the difference betweene their re∣ceipts or burden, and their al∣lowances, commonly called (al∣locations): as namely, the audi∣tours of the exchequer, take the accounts of those receiuers, which receiue the revenewes of the augmentation: as also of the Shyrceues, escheatours, colle∣ctours, and customers, and set them downe and perfect them. Him that will read more of this, I referre to the Statut. anno. 33. H. 8. c. 33.

Auditours of the Prests, are al∣so officers in the exchequer, that doe take and make vp the great accounts of Ireland, Berwick, the mint, & of any mony imprested to any man.

Auditour of the receipts, is an officer of the exchequer, that fi∣leth the Tellers bils, and maketh an entrie of them, and giueth to the Lord Treasurer a certificate of the mony receiued the weeke before. He maketh also (Deben∣turs) to euery Teller, before they pay any mony, & taketh their ac∣counts. He keepeth the blacke booke of the receipts, and the Treasurers key of the treasurie; and seeth euery Tellers monies locked vp in the new treasury.

Auenture. is a mischance, cau∣sing the death of a man without felony: as when he is sodenly drowned, or burnt, by any so∣den disease falling into the water or fire. Britton. ca. 7. where you may see, what it differeth from Misadventure. See Misadven∣ture.

Average (averagium) by M. Skenes opinion (verbo arage) de ver∣borum significatione, commeth of the word (averia.) i. a beast, and so consequently signifieth ser∣vice which the tenent oweth to to the Lord, by horse or cariage of horse. I haue heard others pro∣bably deriue it from the French (euvrage) or (euvre. i. opus.) It see∣meth with vs to haue two di∣uers significations; for the first, Rastall. titulo Exposition of words. maketh mention of the Kings a∣verages, which I take to be the kings cariages by horse or cart. Then. anno. 32. H. 8. ca. 14. and an∣no. 1. Iacobi, ca. 32. it is vsed for a certaine contribution that mer∣chants and others doe every man

proportionably make toward their losses; who haue their goods cast into the sea for the safegard of the shippe, or of the goods and liues of them in the shippe in time of a tempest. And this contribution seemeth to be so called, because it is proportio∣ned, after the rate of euery mans average or goods caried.

Averijs captis in withernam, is a writ for the taking of catell to his vse, that hath his catell taken vnlawfully by another, and dri∣uen out of the countie where they weretaken, that they cannot be repleuied. Register. originall. fo. 82. a. b. See Withernam.

Averment (verificatio) cōmeth from the French (averer. i. testari) as averer quelque meschācete. i. ex∣trahere scelus aliquod in lucem ex occultis tenebris. It signifieth (ac∣cording to the author of the termes of lawe) an offer of the defendant to make good, or to iustifie and exception pleaded in abatement or barre of the plaintifs actiō. But me thinketh it should rather signifie the act, thē the offer of iustifying the excep∣tion, by diuers places where I finde it vsed. For example. an 34. Ed. 1 stat. 2. And the demaun∣dant will offer to averre by the assise or Iurie. where to offer to averre and to averre must needes differ: and againe in the same staint. and the demaundaunt will offer to averre by the countrie, &c. thirdly in the english nat. br. fo. 57. These errours shall be tried by averment, &c.

Averpennie (quasi Averago pen∣nie,) is mony contributed toward the Kings averages. Rastall expo∣sition of words. See Average.

Augmentation (augmentatio) was the name of a court, erected the 27 yeare of H. 8. as appeareth by the 27. chapter of that yeares parlament. And the end thereof was, that the king might be iustly delt with touching the profits of such religious howses and their lands, as weare giuen vnto him by an act of parlament the same yeare not printed. For the dissolving of which courte, there was authoritie giuen to Queene Mary, by the parlament held the first yeare of her raigne. ses. 2. ca. 10. which shee afterward put in execution by her leters patents. The name of the courte grewe from this, that the revenewes of the crowne were augmented so much by the suppression of the said houses, as the king reser∣ved vnto the crowne, and nei∣ther gaue nor sold away to o∣thers.

Aulne of Renish wine. a. 1. Ed. 6. ca. 13. aliàs, Awme of Renish wine. 1. laco. ca. 33. is a vessell that conteineth 40. gallons.

Aulnegeowr. See Alneger.

Avo, is the name of a writ for

the which see (Ayle).

Awncell weight, as I haue beene informed, is a kinde of weight with scoles hanging, or hookes fastened at each end of a staffe, which a man lifteth vp vpon his forefinger, or hand and so discer∣neth the equalitie or difference betweene the weight and the thing weied. In which, because there may, and was wont to be great deceipt, it was forbidden. anno. 25. Ed. 3. stat. 5. ca. 9. & anno. 34. eiusdem. ca. 5. and the euen ballance onely commanded, yet a man of good credit, once cer∣tified me, that it is still vsed in leaden hall at London among butchers &c. In the deriuation of this word, I dare not be ouer confident. But it may probably be thought to be called (awnsell weight, quasi hand sale weight) be∣cause it was and is performed by the hand, as the otheris by the beame. And if I should draw it from the greeke, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. cubi∣tus. the parte of the arme from the elbowe to the fingers ends, I might chalenge a good war∣rand of this from the Romaines; whoe thence derived their (an∣cile). i. the luckie shield, that was saide to be sent from heauen in a tempest to Numa Pompilius, together with a voice, that the citie of Rome stould be the migh∣tiest of all others, soe long as that shield remained in it.

Auncient, d〈…〉〈…〉, (antiquum do∣minicum) is called (more at large anncient demeasn of the king or of the crowne. Fazb. nat. brifo. 14. d. It cōmeth of 2. French words (auncien. 1. veter, vetus, veteranus, antiquus) and of (demaine, alias domaire. i. publicum vectigal) It signifieth in our common lawe, a certaine tenure, whereby all the maners belonging to the crowne, in the daies of Saint Edward the Saxon king, or of William the conquerour, did hold. The number & names of which maners, as all other, belonging to common persons, he caused to be written into a booke, after a survey made of them, now re∣maining in the exchequer, and called Domes day looke. And those, which by that booke doe appeare, to haue belonged to the crowne at that time, and at 〈◊〉〈◊〉 conteined vnder the title (Terrae regis) be called aunciēt demeasn. Kitchin. fo. 98. and M. Gwin. in the preface to his readings. Of these tenents there were two sorts, one that held their land frankely, by charter, and another that held by copy of court rolle, or by verge, at the will of the Lord, according to the custome of the maner. Fitzh. nat. br. fo. 14. d. of which opinion also Brittonis, ca. 66. nu. 8. The benefite of this tenure, consisteth in these points; first, the tenents of a manner hol∣ding

freely by charter in this sort, cannot be impleaded, out of the same maner: and if they be, they may abate the writ, by plea∣ding their tenure before or af∣ter answer made. Secondly, they be free of tolle for al things con∣cerning their sustenāce & husbā∣dry. Thirdly, they may not be ē∣paneled vpō any ēquest. Terms of the law. but more at large by Fitzh. nat. br. fo. 14. d. whome reade, as also fo. 128. a. &c. And as it appeareth by him. eodem. fo. 4. B. C. these tenents held by the service of plowing the kings land, by plashing his hedges, or by suche like, toward the main∣tenance of the kings household; in which regard they had such liberties giuen them, wherin, to avoide disturbance, they may haue writs to such as take the duties of tolle in any market or feire; as likewise for immunitye of portage, passage, & such like. Fitzh. nat. br. f. 228. A. B. C. D. by which author it also appeareth, that no lands be to be accomp∣ted auncient demeasn, but such as are holden in socage. fo. 13. D. et. 14. B. C. See Monstraverunt, and Firtzh. fo. 14. and Dessendo quie∣tum de telonio. fo. 226. Fleta ma∣keth three tenures holding of the crowne: auncient demeasn, by escheate, & by purchase. li. 1. ca. 20. See Demaine.

Auncient Demesn arere (anti∣quum dominicum àretro) is that aū∣cient demesn, which the king graunteth ouer to hold of a ma∣ner. Kitchin. fo. 67. b.

Avowè (advocatus) see Advowè. Britton saith that Avowè is he, to whome the right of advowzen of any Church appertaineth, so that he may present thereunto in his owne name, and is called avowè for a difference from those, that sometime present in ano∣ther mans name: as a gardiā that presenteth in the name of his warde, and for a difference also from them, which haue the lands whereunto an advowzen apper∣taineth, but onely for tearme of their liues, or of yeares, or by intrusion or desseisin. ca. 92.

Avowrie. See Advowrie.

Avoir de pois, is in true French (avoir du poix. i. habere pondus, aut iusti esse ponderis) It signifieth in our common lawe, two things: first, a kinde of weight divers from that, which is called Troy weight conteining but 12. oun∣ces to the pound, where as this conteineth sixteene. And in this respect it may be probably con∣iectured, that it is so called, be∣cause it is of more weight then the other. Then also it signifieth such merchandize, as are waied by this weight, and not by Troy weight. as in the statute of York anno 9. Ed. 3. in prooem. anno. 27. Ed. 3. Statuto 2 ca. 10. at anno. 2

Rich. 2. cap. 1. See Weights.

Auxilium ad filium militem fa∣ciendum, & filiam maritandam, is a writ directed to the Shyreeue of euery countie, where the king or other lord hath any tenents, to leuye of them reasonable ayde toward the knighting of his son, and the mariage of his daughter. See Ayde, and Fitz. nat. br. fol. 82.

B

BAcheler (Bachalaureus) cō∣meth of the French (Bacha∣lier. i. tyro) and thereupon I thinke, those that be called Ba∣chelers of the Companies in Lon∣don, be such of each company, as be springing toward the e∣state of those that be imployed in Coūcel, but as yet are inferiors. For euery cōpany of the twelue, consisteth of a Master, two War∣dens, the Liuerie, which are as∣sistants in matter of Councell, or at the least, such as the Assistants be chosen out of, and the Bache∣lers, which are yet but in expe∣ctance of dignitie among them, and haue their function onely in attendance vpon the Master and Wardens. I haue read in an old monument, this word Bacheler, attributed to the Lord Admirall of England, if he be vnder a Ba∣ron, in French words to this ef∣fect: and it is to weet, that when the Admirall rideth to assemble a snippe of warre, or other, for the businesse and affaires of the Realme, if he be a Bacheler, he shall take for his day wages, 4. 〈◊〉〈◊〉. sterling: if he be an Earle or Ba∣ron, he shall take wages after the rate of his estate and degree. This word is vsed, anno 13. R. 2. stat. 2. cap. i. & signifieth as much as Ba∣cheler Knight doth, anno 3. Ed. 4. cap. 5. that is, a simple Knight, not a Knight baneret. See Banaret. Touching the farder etymo∣logie of this word, Bachalarii, te∣ste Renano, à bacillo nominati sunt, quia primi studii authoritatem, quae per exhibitionem baculi concedeba∣tur, iam consecuti fuissent. Vt fue∣rit velut quoddam mancipationis si∣gnum in huiusmodi aliquod studium baculi traditio. Alciat writeth the word (baccalaurei, eosque dicit vi∣sos à bacca laurea nomen sumpsisse. in l. cui praecipua 57. Π. de verbo. signi∣fica.

Backberond. is a Saxon word. and almost English at this day, signifying as much as bearing vp∣on the backe, or about a man. Bracton vseth it for a signe or cir∣cumstance 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 manifestū est, vbi latro deprehensus est seisitus de aliquo latrocinio: sc. hand habend & backberend, & insecutus fuerit per aliquem cuius res illa fuerit. li. 3

tract. 2. cap. 32. Master Manwood in the second part of his forest lawes, noteth it for one of the 4. circumstances or cases, wherein a Forester may arrest the bodie of an offender against vert or ve∣nison in the Forest. For by the as∣sise of the Forest of Lancaster (saith he) taken with the maner is, when one is found in the kings Forest in any of these foure degrees: sc. stable stand, dogge drawe, backe beare, and bloudie hand. In which place you may find all these interpreted.

Badger, cōmeth of the French (bagage, i. sarcina, impedimentū,) It signifieth with vs, one that buyeth corne or victuals in one place, and carieth it into ano∣ther. See Cromptons Iustice of peace, fol. 69. & 70.

Baye or penne is a pond head made vp of a great heith, to keep in a great quantitie or store of water, so that the wheeles of the fornace or hammer belonging to an Iron mill, may stand vnder them, and be driuen by the wa∣ter comming out of them by a passage or flud-gate (called the penstocke) and falling vpon the said wheeles. This word is men∣tioned in the statute, anno 27. El. cap. 19.

Bayle (Ballium, plevina, manu∣captio) commeth of the French (bailler, i. attribuere, tradere, tri∣buere.) It is vsed in our common lawe, properly for the freeing or setting at liberty of one arrested or imprisoned vpon action either civill or criminall, vnder suretie taken for his apparence at a day and place certainely assigned. Bracton lib. 3. tract. 2. cap. 8. num. 8. & 9. The reason why it is cal∣led Bayle, is, because by this meanes the party restrained, is deliuered into the hands of those that bind themselues for his forth-comming. There is both common and speciall baile. Cō∣mon baile, is in actions of small preiudice, or flight proofe: be∣ing called common, because any sureties in that case are taken: whereas vpon causes of greater weight or apparent specialtie, speciall baile or suretie must bee taken: as subsidie men at the least, and they according to the value. Master Manwood in his first part of Forest lawes, pag. 167 maketh a great difference be∣tweene bayle and mainprise, in these words: and note that there is a great diuersitie betweene bayle and mainprise. For he that is mainprised, is alwaies said to be at large, and to go at his own libertie out of ward, after that he is let to mainprise, vntill the day of his appearance, by reason of the said common summons or otherwise. But otherwise it is, where a man is let to bayle, by foure or two men, by the Lord

chiefe Iustice in eyre of the Fo∣rest, vntill. a certaine day. For there he is alwaies accompted by the lawe, to be in their ward and custodie for the time. And they may, if they wil, keepe 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 lawe, to be at large, or at his owne libertie. See Lamberds eirenarcha. lib. 3. cap. 2. pag. 330. Bayle, is also a certaine limit within the forest, accor∣dingly as the Forest is diuided into the charges of seuerall Fo∣resters. Crompton in the oath of the bow-bearer, fol. 201. See Maynprise.

Baylife (ballivus) commeth of the French (bailif. i. diaecetes, no∣marcha, praefectus Prouinciae) and as the name, so the office it selfe, in auncient time, was very aun∣swerable to that of Fraunce and Normandie: for as in France there be sixteene Parlaments, (Lupa∣nus de Magistratibus Francorum, lib. 2. cap. Parlamentum) which be high courts, whence lyeth no appeale: & within the preeincts of those seuerall parts of that kingdome, that belong to each Parlament, there be seueral pro∣uinces, vnto which, within them∣selues, iustice is ministred by cer∣taine officers called bayliffes: so in England we see many seuerall counties or shires, within the which iustice hath bene mini∣stred to the inhabitants of each countie, by the officer whome we now call Shyreeue or Vi∣count (one name descending frō the Saxons, the other from the Normans.) And though I cannot expressely proue, that this Shy∣reeue was euer called a bailiffe: yet is it probable, that that was one of his names likewise, be∣cause the countie is called many times (balliva) that is a Bayli∣wicke: as namely, in the returne of a writ with (non est inuentus,) he writeth thus: (A. S. infra scrip∣tus, non est inventus in balliva mea, post receptionem huius brevis) Kit∣chin returna brevium. fol. 258. and againe in Bracton, lib. 3. tract. 2. cap. 33. num. 3. and anno 5. E∣liz. cap. 23. and anno 14. Ed. 3. stat. 1. cap. 6. And I thinke the word (bailife) vsed cap. 28. of Magna charta, compriseth as well Shyreeues, as bailiffes of hundreds: as also anno 14. Ed. 3. stat. 1. cap. 9. But as the realme is diuided into Counties: so e∣uery Countie is againe diuided into hundreds, within the which it is manifest, that in auncient times, the kings subiects had iu∣stice ministred vnto them, by the seuerall officers of euery hun∣dred, which were called bailiffes, as those officers were and are in Fraunce and Normandie, being chiefe officers of iustice within

euery Prouince. Lupanus de Ma∣gistratibus Francorum, lib. 2. cap. Balivi. and the grand custumary of Normandie, cap. 1. And that this is true among many others, I bring Bracton for my witnes, li. 3. tract. 2. cap. 34. n. 5. where it appeareth that bailiffes of hun∣dreds might hold plee of ap∣peale and approuers. But fi∣thence that time, these hundred courts (certain franchises excep∣ted) are by the statute anno 14. Ed. 3. stat. 1. cap. 9. swalowed into the Countie courts, as you may reade in countie and hun∣dred. And the Bailiffes name & office is growne into such con∣tempt, at the least, these bailiffes of hundreds, that they are now but bare messengers and manda∣taries within their liberties to serue writs, and such like base of∣fices: their office consisting in 3. points onely, which see in Crom∣ptons Iustice of peace, fol. 49. a. Yet is the name still in good e∣steeme some other way. For the chiefe Magistrates in diuers townes corporate be called Bai∣liffes, as in Ipsewitch, Yarmouth, Colchester, and such like. And a∣gaine, there be certaine, to whom the kings castels be com∣mitted, which are called Bailifs, as the Bailiffe of Dover castell.

These ordinary bayliffes are of two sorts: baylifs errant, and baylifs of franchises. Baylifes er∣rant (ballivi it inerantes) be those which the Shyreeue maketh, and appointeth to goe hither & thi∣ther in the countie to serue writs, to summon the countie, sessions, assises, and such like. Baylifs of franchises (ballivi franchesiarum aut libertatum) be those, that are appointed by euerie lord within his libertie, to doe such offices within his precincts, as the bay∣life errant doth at large in the countie. Of these read S. Thomas Smith, de repub. Anglo. li. 2. ca. 16. There be also baylifes of the fo∣rest. Manwood parte 1. pa. 113. There be likewise baylifes of husbandrie, belonging to priuate men of great substance, who seeme to be so called, bycause they dispose of the vnder ser∣vants every man to his labour and taske, check them for misdoing their buisenes, gather the profits of their lord and ma∣ster, and deliuer an accompt for the same at the yeares end, or o∣therwise as it shallbe called for. The word baylife or balivus, is by Rebuffus deriued from (Baal. i. dominus, quia ballivi dominantur suis subditis, quasi eorum magistri & domini. Rebuf. in constitut. regias. de senten. executionis. art. 7. glos. 1. The office or dutie of a bayliffe of a maner or household (which in aunciēt time seemeth to haue beene all one) Fleta well descri∣beth, li. 2. ca. 72. & 73. This word

is also vsed in the canon lawe, ca. dilect••. de sentent. excom. in sex∣to. & ca. pri. de poenis in clement. wher the glossographer saith, it is a French word, signifiing as much as (praepositus) & (balia) or (baliva∣tus) is vsed among our later in∣terpreters of the civile & canon law, for provincia, as balliua heere in England, is vsed for a countie or shire.

Balkers See Conders.

Ballivo amovēdo, is a writ to re∣mooue a baylife out of his office, for want of sufficient liuing with in his bayliwick. Reg. orig. f. 178.

Bane, seemeth to signifie the destruction or ouerthrow of any thing. Bracton. li. 2. tracta. 2. ca. 1. nu. 1. as he which is the cause of of another mans drowning, is said there to be la bane. i. malefa∣ctor. In that Bracton, in the place aforesaid, prefixeth a French arti∣cle to this word, it should seeme by his opinion, that the word is French, but I finde it not in any French writer that euer I read.

Baneret (banerettus) in M. Ske∣nes opinion, seemeth to be com∣pounded of (baner) and (rent) whome reade more at large of this, verbo. Baneret. de verbo. signi. but our M. Camden, rather draw∣eth the word from the German (bannerheires. Brittan. pae. 109. in meo libro. S. Thomas Smith de re∣pub. Auglo. li. 1. ca. 18. saith, that baueret is a Knight made in the field, with the ceremonie of cut∣ting of the point of his standard, and making it, as it were, a ba∣ner. And they being before ba∣chelers, are now of greater de∣gree, allowed to display their armes in a baner in the Kings armie, as barons doe. M. Camden vbi supra, hath these words of this matter, Baneretti, cùm vasal∣lorum nomen iam desierat, a baroni∣bus secundi erant: quibus inditum nomen a vexillo. Concessum illis e∣rat militaris virtutis ergo, quadrato vexillo (perinde ac barones) vti. vn∣de & equites vexillarii a nonnullis vocantur, &c. Of creating a knight baneret, you may read farder, in M. Segar. Norrey his booke. li. 2. ca. 10. That they be next to ba∣rons in dignitie, it appeareth by the statut. an. 14. R. 2. c. 11. & by anno. 5. R. 2. stat. 2. ca. 4. it may be probably coniectured, that they were aunciently called by sum∣mons to the court of parlament. and anno. 13. R. 2. stat. 2. ca. 1. we finde, that a baneret for praying a pardon for a murderer, contra∣rie to that statut, is subiect to all one punishment with a baron. Iohan: Gregorius Tholosanus. li. 6. ca. 10. sui syntagmatis. nu. 9. hath these words: In Gallia sunt duae species affines nobilium & feudorum, quas dicunt de benneretz & barons. Ben∣neretus iure suae dignitatis, ante∣quam talis dici mereatur, nobilis esse debet genere, in quarto gradu, possi∣dens

in ditione decem scutarios ba∣chalarios armorū: id est, decem va∣sallos habens sufficiens patrimonium, quo possit secum ducere quatuor aut quinque nobiles comites continuos, cum equitibus duodecim aut sexde∣cim. Fit autem Benneretus, cùm princeps huiusmodi personae concedit vexilli ius, & ex vexillo peditum in acie, vel extra, die solenni, sacris per∣actis, admit acumina. Vocant la queve de pennon, fit{que} labarum, id est, equitum vexillum, vocant cornette eum{que} equitem facit, si iam non est. Quòd si ditior his fiat benneretus, & habet vnam benneretam, aut sex e∣quites bachalarios, qui possideant singuli in censum sexcentas libras ex eius ditione seu feudo, tunc possunt ex licentia principis, baronis nomen sibi adsciscere.

Bans (bannus vel bannum) sig∣nifieth a publike notice giuen of any thing. The word is ordinarie among the feudists, and growne from them to other vses: as to that which we heere in England call a proclamation, whereby a∣ny thing is publikely commaun∣ded or forbidden. Vincentius de Franchis. descis. 521. & 360. Hoto∣man verbo bannus, in verbis fenda∣libus saith that there is both (bā∣nus) and (bannum) and that they signifie two divers things. His words are these: Bannus siue ban∣num duo significat: Edictū, qua die vasalli equis armis{que} instructi, ad co∣mitatum adesse debent: & sanctionē, hoc est, mulctam edicto non parentis. which he confirmeth by divers authorities. This word (bans) we vse heere in England, especially in the publishing of matrimoni∣all contracts in the church, be∣fore mariage, to the end that if a∣ny man can say against the intē∣tion of the parties, either in res∣pect of kindred or otherwise, they may take their exception in time. And in the canon lawe, Banna, sunt proclamationes sponsi & sponsae in ecclesijs fieri solitae. ca. 27. extra de sponsal. & ca. vlt. qui matri∣monium. accus. pos. & ca. vlt de clan. despons. Yet our word (banning) seemeth to come thence, being nothing but an exclamation of another. Onely Bracton, once ma∣keth mention of bannus regis, for a proclamation, or silence made by the crier, before the congresse of the champions in a combate. li. 3 tracta. 2. ca. 21.

Bank (bancus) commeth of the French (banque. i. mensa) In our common lawe, it is most vsually taken for a seate or bench of iudgement, as bank leroy the kings bench. bank de commō plees: the bench of comon plees, or the common bench. Kitchin. fo. 102. called also in latine bancus regius, & bancus communium placitorum. Crompt. iuris. fo. 67. & 91. Camden in his Britannia. pa. 112. & 113. in meo. calleth them also bancum re∣gium & bancum communem.

See frank bank.

Bankrupt, (aliàs bankrowte.) cō∣meth of the french (banque route) and (faire banqueroute) with the French, is as much as (foro cedere, sol•••• vetere) with the Romanes. The composition of the French word I take to be this (banque. i. monsa) & (route. i. vestigium) meta∣phorically taken from the signe left in the earth, of a table once fastened vnto it, & now taken a∣way. So that the original seemeh to haue sprung frō those Romain (mensary) which (as appeareth by many wrighters) had their (ta∣bernas & mensas) in certaine pub∣lique places, whereof, when they were disposed to flie, & deceiue men that had put them in trust with their monies, they left but the signes or carcases behinde them. I know that others of good learning (and M. Skene for one) bring this (a banco rupto) but the French word worketh in me this other opinion, for after their sence, the French should rather be banque rompu. Bankrupt with vs signifieth him or his act, that hauing gotton other mens goods into his hands, hideth him selfe in places vnknowne, or in his owne priuate house, not min∣ding to pay or restore to his cre∣ditours their duties. anno. 34. H. 8. ca. 4. where the french phrase (faire banque route) is translated to the word, to make bankrupt. A bankrupt, anno. 1. Iacobi. ca. 15. is thus described: All and euery such person and persons, vsing, or that shall vse the trade of mer∣chandise, by way of barg aining, exchange, bartrey, cheuisance, or otherwise in grosse, or by seeking his, her, or their trade of liuing by buying and selling, and being a subiect borne of this Realme, or any the kings dominions, or de∣nizen, who at any time sithence the first day of this present parla∣ment, or at any time hereafter, shall depart the Realme, or begin to keepe his or her house or hou∣ses, or otherwise to absent him or her selfe, or take sanctuarie, or suffer him or her selfe willingly to be arrested for any debt or o∣ther thing, not growne or due for mony deliuered, wares sould, or any other iust or lawful cause, or good consideration or purpo∣ses, or hath or will suffer him or her selfe to be outlawed, or yeld him or her selfe to prison, or wil∣lingly or fraudulently hath or shall procure him or her selfe to be arrested, or his or her goods, money, or chatels to be attached or sequestred, or depart from his or her dwelling house, or make, or cause to be made any fraudu∣lent graūt or conueyance of his, her, or their lands, tenements, goods or chatels, to the intent or whereby his, her, or their credi∣tours being subiects borne, as a∣foresaide,

shall or may be defea∣ted or delayed forthe recouery of their iust and true dept: or being arrested for debt, shall after his other arrest, lye in prison fixe monethes or more, vpon that ar∣rest, or any other arrest or deten∣tion in prison for debt, and lye in prison sixe monethes vpon such arrest or detention, shall be accompted and adiudged a bankrupt to all intents and pur∣poses.

Banishment (exilium, abiuratio) commeth of the French (bannis∣sement) and hath a signification knowne to euery man. But there be two kinds of banishments in England: one voluntarie and vpō oath, whereof you may reade (Abiuration:) the other vpon cō∣pulsion for some offence of crime: as if a lay-man succor him that, hauing taken sanctuarie for an offence, obstinately refuseth to abiure the realme, he shall loose his life and member: if a Clerke do so, he shall be banish∣ed, Stawnf. pl. cor. fol. 117. This punishment is also of our mo∣derne Civilians called (bannimē∣tum) which was aunciently tear∣med (deportatio) if it were perpe∣tuall, or (relegatio in insulam,) if for a time. Vincentius de Franchis. Petrus de Belluga in suo speculo. fol. 125. num. 4.

Barbaries (Oxyeantha) is a thornie shrub knowne to most men to beare a bery or fruite of a sharpe taste. These beries (as also the leaues of the said tree) be medicinable, as Gerara in his herball sheweth, lib. 3. cap. 21. You find them mentioned a∣mong drugs to be garbled, anno 1. Iacob. cap. 19.

Bard, aliâs, Beard. See Clack.

Bargaine and sale, as it see∣meth by West. part. 1. symb. lib. 2. sect. 436. is properly a contract made of maners, lands, tene∣ments, hereditaments, and other things, transferring the proper∣tie thereof from the bargainer to the barganee. But the author of the new termes of lawe ad∣deth, that it ought to be for mo∣ney: saying farder, that this is a good contract for land, &c. and that fee-simple passeth thereby, though it be not said in the deed (To haue and to hold the land to him and to his heyres,) and though there be no liuerie and seisin made by the seller, so it be by deed indented, sealed, and en∣rolled, either in the Countie where the land lyeth, or within one of the kings courts of Re∣cords at Westminster, within sixe moneths after the date of the deed indented, anno 27. H. 8. cap. 16.

Barkarie (Barkaria) is a heath house. New booke of Entries, titulo. Assise corp. polit. 2. Some call it a Tanne house.

Baron (Baro) is a French word, and hath diuers significations here in England. First, it is taken for a degree of Nobilitie next vnto a Vicount. Bracton. lib. 1. cap. 8. num. 4. where he saith, they be called Barones, quasi robur belli. And in this signification it is borowed from other nations, with whom Baroniae be as much as Prouinciae. Petrus Belluga in spe∣culo princip. fol. 119. So Barones be such, as haue the gouernment of Prouinces, as their fee holden of the king: some hauing greater, some lesser authoritie within their territories, as appeareth by Vincentius de Franchis in diuers of his desceisions, and others. Yet it may probably be thought, that of old times here in England all they were called Barons that had such Seigniories, as we now call court-barons, as they be at this day called Seigneurs in France, that haue any such manor or lordship. Yea, I haue heard by men very learned in our Anti∣quities, that neere after the con∣quest, all such came to the Parla∣ment, and sate as Nobles in the vpper house. But when by expe∣rience it appeared, that the Par∣lament was too much pestered with such multitudes: it grew to a custome, that none shold come but such, as the king, for their ex∣traordinarie wisedome or quali∣tie, thought good to call by writ; which writ ranne (hac vice tan∣tùm.) After that againe men see∣ing this estate of Nobilitie to be but casuall, and to depend meer∣ly vpon the Princes pleasure, they sought a more certain hold, and obtained of the King, leters patents of this dignitie to them and their heyres male. And these were called Barons by leters patents or by creation: whose posterity, be now by inheritance and true descent of Nobilitie, those Barons that be called Lords of the Parlament: of which kind the king may create more at his pleasure. It is thought neuerthelesse, that there are yet Barons by writ, as wel as Barons by leters patents, and that they may be discerned by their titles: because the Barons by writ are those, that to the title of Lord haue their owne surnames anne∣xed, as Compton, North, Norice, &c. whereas the Barons by le∣ters patents, are named by their Baronies. These Barons which were first by writ, may now iust∣ly also be called Barons by pre∣scription, for that they haue con∣tinued Barons in themselues and their auncestors time, beyond the memorie of man. The originall of Barons by writ Master Cam∣den in his Britannia pag. 109. in meo. referreth to Henry the third Barons by leters patents or cre∣ation, (as I haue heard among

our Antiquaries) were first crea∣ted about the dayes of Henry the sixth▪ the maner of whose crea∣tion reade in Master Stowes An∣nales, pag. 1121. Of all these you may also reade Master Fe∣rui glorie of Generositie, pa. 125 & 126. And see M. Skene de ver. signif. verb. Baro. with Sir Thomas Smith, lib. 1. de rep. Anglor. cap. 17. who saith, that none in En∣gland is created Baron, except he can dispend a thousand pound by yeare, or a thousand markes at the least. To these for∣mer, Master Seager (by office) Norrey, lib. 4. cap. 13. of Honour ciuill and militarie, addeth athird kind of Baron, calling them ba∣rons by tenure, and those be the Bishops of the land: all which by vertue of baronries annexed to their bishoprickes, haue alwaies had place in the vpper house of Parlament, and are tearmed by the name of Lords spirituall.

Baron in the next significatiō is an Officer: as barons of the Exchequer be to the king: of which the principall is called Lord chiefe Baron (capitalis Ba∣ro) and the three other (for so many there be) are his assistants in causes of iustice, betweene the king and his subiects, touching causes appertaining to the Ex∣chequer.

The Lord chiefe Baron at this day, is the chiefe Iudge of the court, and in matter of lawe, in∣formation, and plea, answereth the barre, and giueth order for iudgment thereuppon. He alone in the terme time doth sit vpon Nisi prius, that come out of the Kings Remembrancers office, or out of the office of the clerke of of the please, which cannot be dispatched in the mornings for want of time. He taketh recog∣nisances for the Kings debts, for appearances, and obseruing of orders. He taketh the presentati∣on of all the officers in court vn∣der himselfe, and of the Mayor of London, and seeth the Kings Remembrancer to giue them their oathes. He taketh the decla∣ration of certaine receiuers ac∣compts of the lands of the late augmentation, made before him by the Auditors of the shires. He giueth the two parcel makers places by vertue of his office.

The second Baron in the ab∣sence of the Lord chiefe baron, answereth the barre in matters aforesaid: he also taketh recog∣nisances for the kings debts, ap∣parences, and obseruing of or∣ders. He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office. He ta∣keth a declaration of certaine receyuers accompts. He also ex∣amineth the letters and summes of such Shyreeues foraine ac∣compts,

as also the accompts of Escheatours and Collectours of Subsidies and Fifteens, as are brought vnto him by the audi∣tors of the Court.

The third Baron, in the absēce of the other two, answereth the barre in matters aforesaide, he al∣so taketh recognisances, as afore∣saide. He giueth yerely the oath of the late Mayor and gawger of London for his true accōpting. He also taketh a declaration of certaine receiuers accompts: and examineth the leters and sūmes of such of the former accoun∣tants, as are brought vnto him.

The fourth barons is alwaies a coursetour of the court, and hath bene chosen of some one of the clerks in the remembrancers of∣fices, or of the clerke of the pipes office. He at the daies of prefixi∣on, taketh oth of al high shyreeus and their vndershyreeues, and of all escheatours, baylifs, and other accountāts, for their true accoun∣ting. He taketh the oath of al col∣lectours, controllers, surueyours and serchers of the custome hou∣ses, that they haue made true en∣trances in their bookes. He appo∣seth all shyreeues vyon their sū∣mons of the pipe in open court. He informeth the rest of the Ba∣rons, of the course of the court in any mater that concerneth the kings prerogatiue. He likewise, as the other Barons, taketh the de∣claration of certaine receiuers accompts: and examineth the le∣ters and summes of such of the former accountants, as are brought vnto him.

These barons of the exche∣quer, areauncient officers for I finde them named, westm. 2. ca. 11. anno. 13. Ed. 1. and they be called barons, because barons of the realme were wont to be em∣ployed in that office. Fleta. li. 2. ca. 24. S. Thomas Smith saith of them, that their office is to looke to the accompts of the Prince: and to that end they haue auditors vn∣der them: as also to descide all causes, appertaining to the Kings profits, comming into the exche∣quer by any meanes. This is in part also proued, by the statut anno. 20. Ed. 3. ca. 2. &. anno. 27. e∣iusdem. stat. 2. ca. 18. & anno. 5. R. 2. stat. 1. ca. 9. & 12. & anno. 14. e∣iusd ca. 1••. And hereupon they be of late, men learned in the com∣mon lawe of the realme: wheras in auncient times, they were o∣thers: viz. maiores & discretiores in regno, siue de clero essent, siue de cu∣rea. Ockam in his lucubrations de fisci regij ratione. Horn in his mir∣rour of Iustices saieth, that barons were wont to be two, and they Knights. ca. De la place del Esche∣quer.

Then be there in this signifi∣cation, Barons of the Cinque portes. anno. 31. Ed. 3. stat. 2. ca. 2.

et anno. 33. H 8. ca. 10. which are two of euery of the seuen towns, Hastings, Winchelsey, Ry, Rumney, Hithe, Douer, & Sandwiche, that haue places in the lower house of Parlament. Cromptons iurisd. fo. 28. Baron in the the third signifi∣cation, is vsed for the husband in relation to his wife: which is so ordinary in all our lawe writers, that wright in french, as it were superfluous to confirme it by a∣ny one.

Baronet. I reade this word, an∣no. 13. R. 2. stat. 2. ca. 1. but I hould it falsely printed for Baneret, or els to signifie all one with it.

Baronye (baronia, baronagium) is the fee of a baron. In which accompt are not only the fees of temporall Barons, but of Bishops also: who haue two respects: one, as they are spi∣rituall men, without possessions, as was the tribe of Levy among the Israelites, being susteined by the only first frutes and tenthes of the other tribes. Iosue. ca. 13. versue. 14. The other respect they haue, groweth from the bountie of our english Kings, whereby they haue baronies at the least, & are thereby Barons or Lords of the Parlament. This baronie (as Bracton saith, li. 2. ca. 34. is a right indiuisible: and therefore if an inheritance be to be divided among coparceners: though some capitall messuages may be divided: yet, si capitale messuagi∣um sit caput Comitatus, vel caput Baroniae, he saith they may not be parcelled, The reason is, ne sic ca∣put per plures particul as diuidatur, & plura iura comitatuum & baroni∣arum deveniant ad nihilum: per quod deficiat Regnum, quod ex Comitatibus & Baronys dicitur esse constitutum.

Barre (barra) commeth of the French (barre) or barriere (. i. repa∣galum, obex, vectis) It is vsed in our common law, for a peremp∣tory exception against a demaūd or plaint: and is by the author of the Termes of law, defined to be a plee brought by the defendant in an action, that destroieth the action of the plaintiffe for euer. It is divided into a barre to com∣mon intent, and a barre speciall. Abarte to a common intend∣ment, is an ordinarie or generall barre, that ordinarily disableth the declaration or plee of the plaintiffe: a barre speciall is that, which is more then ordinarie, & falleth out in the case in hand or question, vpon some speciall cir∣cumstance of the fact. Plowden. casu Colthirst. fo. 26. a. b. For ex∣āple, 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 a∣gainst him. This is a good barre to common intendment, or (pri∣ma

sacie) But yet the case may so fall out, that more goods might come to his hands sithence that time: which if the plaintiffe can shew by way of replication, then excep the haue a more especiall plee or barre to alleadge, he is to be condemned in the action. See also Plowden in the case aofre na∣med. fo. 28. a. b. and Brooke. titulo. Barre. nu. 101. & Kitchin. fo. 215. Barre also in the same significati∣on, is devided into barre materi∣all, and barre at large. Kitchin. fo. 68. A barre materiall (as it see∣meth) may otherwise be called a barre speciall: as when one in the stoppe of the plaintiffes acti∣on, pleadeth some particular mater, as a descent from him that was the vndoubted owner, a feofment made by the aunce∣ster of the plaintiffe, or such like. A barre at large is, when the te∣nent or defendant by way of ex∣ception, doth not traverse the plaintifes title by pleading not guiltie, nor confesse and a∣void it, but onely maketh to him∣selfe a title in his barre. As if in an Assise of novel disseisin, the tenent pleade a feosment of a straunger vnto him, and giues but a colour onely to the plaintiffe. Of this there is an apt example to be found. 5. H. 7. fo. 29.

Barre, is also in regarde of the effect, diuided into barre perpe∣tuall & barre pro tempore. Perpetu∣all is that, which overthroweth the actiō for euer. Barre pro tem∣pore is that, which is good for the present, and may faile heere∣after: looke an example or two in Broke titulo. Barre. nu. 23. where he saith, that to plead (plene admi∣nistrauit) is good, vntill it may appeare, that more goods come to the executors hands after∣ward, which also holdeth for an heire, that in an action of his aun∣cesters debt pleadeth (rien per dis∣cēt.) This word is also vsed for a materiall bar: as the place where Se••geants or Coūcelers stand to pleade causes in courte, or pri∣soners to aunswere to their en∣dictments. Of which our cōmon lawyers, that be lycēced to plead, in other contries called licentia∣ti) are termed barristers. anno. 24. H. 8. ca. 24.

Barrator (barectator) commeth from the French (barat. i. astutia) and is neere the French it selfe in significatiō. For (barateur) in that tong betokneth a deceiver: and a barator in our common law, is a common wrangler, that setteth men at ods, and is himselfe never quiet, but at brawle with one or other. To this effect you may read M. Lamberds eirenarcha. pa 342. who saith likewise, that ba∣rettor (for so he writeth is) may seeme to come from the latine (baratro) or (balatro) that is, a 〈◊〉〈◊〉 knaue or vnthrift, and (by a me∣taphor)

a spot in a cōmon wealth See. the statute of champerty. an. 33. Ed. 1. stat. 2. ca. vnico and West. 1. ca. 32. anno. 3. Ed. i. M. Skene de verb. signif. verbo barratr••, saith that barratours be Symonists cal∣led of the Italian word (barra∣taria) signifying corruption or briberie in a Iudge giuing a false sentence for mony: whome you may read more at large: as also Hortensius Cavalcanus, in his tractat de brachio reg 10. parte. 5. nu. 66. whose words are: Barataria veròdicitur, quando Iudex aliquid petit indebitum, vt iustitiam faciat. Who also. nu. 195. partis 5. saith thus: barraterii appellātur, qui praeto∣rium nimis frequentāt. And in ano∣ther place of the same worke. Ba∣ratria dicitur, quia fit quoddam bar∣ratrum. i. commutatio pecuniae cum iustitia, &c. See also Aegidius Bossius in practica criminali. titulo de officialibus corrupt. &c. nu. 2. & 6. Baratariam committunt, Iudices, qui iusticiā auro vendunt. Paris Pu∣teola. de syndicatu. verbo Barataria. pa. 217.

Barre fee, is a see of 20. 〈◊〉〈◊〉. that every prisoner acquited of felo∣nie payeth to the gaoler. Crompt. Iustice of peace. fo. 158. b.

Barrell, is a measure of wine, oyle, &c. conteining the 8. parte of a tonne, the 4. of a pipe, and the second of a hogsehead, that is, 31. gallons and a halfe. anno. 1. R. 3. ca. 13. But this vessel seemeth not to conteine any certaine quantitie, but differeth accor∣ding to the liquor, for a barrell of beere conteineth 36. gallons, the Kilderkin, 18. and the firkin, 9. a barrell of ale 23. gallons the kilderkin 16. and the firkin. 8. gallons. anno. 23. H. 8. ca. 4.

Barriers, commeth of the French (barres) and signifieth with vs that which the French men call (ieu de barres. i. palastrā.) a martial sport or exercise of mē, armed and fighting together with short swords, within certain limits or lists, whereby they are severed from the beholders.

Barter, may seeme to come of the French (barater. i. circumv••ni∣re.) It signifieth in our statutes, ex∣change of wares with wares. an. 1. R. 3. ca. 9. & so bartry the sub∣stantiue. anno. 13. Eliza. ca. 7. The reason may be, because they that choppe and change in this ma∣ner, doe what they can for the most part, one to ouer-reach the other. See barratour.

Base estate, is in true French (basestat) It signifieth in our cō∣mon law, that estate which base tenents haue in their lands. Base tenents be they (as M. Lamberd saith in his explica. of Saxōword••. verbo Paganus) which do to their lords villeinous service. The au∣thor of the termes of law in his Tractat of old termes, saith that to hold in see base, is to hold at

the will of the lord. Kitchin. fo. 41. seemeth to make base tenure and franck to be contraries: where it appeareth, that he put∣teth copy holders in the number of base tenents. And out of these, I thinke, that it may be proba∣bly coniectured, that everie base tenent holdeth at the will of the lord, but yet, that there is a diffe∣rence betweene a base estate, and and villenage, which Fitzh. in his nat. br. fo. 12. B. C. seemeth to cō∣found. For the aboue named au∣thor of the termes of law saith in the place before cited, that to hold in pure villenage, is to doe all that the lord will commaund him. So that if a copie holder haue but base estate, he not hol∣ding by the performance of eve∣rie commandement of his lord, cannot be saide to hold in ville∣nage. Whether it may be said, that copy holders, be by custome and continuānce of time, growne out of that extreame servitude, wherein they were first created, I leaue to others of better iudge∣ment: but Fith. loco citato saith, tenure by copie is a terme but lately invented.

Base courte, is any court that is not of record, as the court baron. Of this read Kitchin. f. 95. 96. &c.

Base fee, See base estate.

Baselard (baslerdus) in the sta∣tut. anno. 12. R. 2. ca. 6. signifieth a weapon, which M. Speight in his exposition vpon Chancer, cal-leth pugimem vol 〈◊〉〈◊〉.

Bastard (bastardus) See Bastar∣dy, and See Skeene de verbo siguif. verbo Bastardus.

Bastardy (bastardia) commeth of the French (bastard. i. ••othu••) Cassanans de consuetis. Burg. pa. 1116. saith (bastard) and (silius natura∣lis) be all one. Bastardy in our common law, signifieth a defect of birth, obiected to one begot∣ten out of wedlock. Bract. li. 5. ca. 19. per totum. How bastardie is to be prooued, or to be inquired in∣to, if it be pleaded, see Rastalls booke of Entrise. tit. Bastardie. fo. 104. Kitchin. fo. 64. maketh men∣tion of bastardie speciall, and ba∣stardie generall. The difference of which is, that bastar∣die generall is a certificate from the Bishop of the dioces to the Kings Iustices, after iust en∣quiry made, that the party inqui∣red of, is a bastard or not a bast∣ard vpon some question of inhe∣ritance. Bastardy speciall, is a suite commenced in the Kings court, against him that calleth another bastard: so termed (as it seemeth) because bastardy is the principall and especiall case in triall, and no inheritance contended for. And by this it appeareth, that in both these significations, bastar∣dy is rather taken for an exami∣nation or triall, whether a mans birth be defectiue or illegitimat▪

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itselfe. See Broke titulo. Bastardy. 〈◊〉〈◊〉. 29. and Docter Ridlies booke. pa. 203. 204.

Baston, is in french a staffe, club, or coulestaffe. It signifieth in the statuts of our realme, one of the warden of the fleets his seruants or officers, that attend∣eth the Kings court with a red staffe, for the taking of such to warde, as be committed by the court. So it is vsed. anno. 1. R. 2. ca. 12. anno 5. Eliz. ca. 23.

Batable ground, seemeth to be the ground in question hereto∣fore, whether it belōged to Eng∣land or Scotland, lying betweene both the kingdomes. anno. 23. H. 8. ca. 16. as if we should say de∣batable ground. For by that name. M. Skene. de verbo. sign. ver∣bo Plegius. calleth ground, that is in controuersie betweene two.

Battell (duellum) commeth of the French (bataille. i. bellum, prae∣lium) and signifieth in our cōmon lawe, a triall by combate. The maner wherof becauseit is long, and full of ceremonies, I doe for the better and more full vn∣derstanding of it, referre you to Glanvile, lib. 2. cap. 3. 4. 5. to Bra∣cton, lib. 3. tract. 2 cap. 21. fol. 140 to Britton, cap. 22. and to S. Tho∣mas Swith de repub. Anglorum, li. 2. cap. 7. & lib. 3. cap. 3. See Bombat.

Battery cōmeth of the French batre. i. verberare, cudere, percu∣tere) and signifieth in our com∣mon lawe, a violent striking of a∣ny man, which the Civilians call iniuriam personalem, quia personae infertur per verbera, cruciatū, &c. Wesemb. parat. Π. de Iniur. & fam. libel.

Baubels (baubella) is an old word, signifying Iewels. Ro. Ho∣veden parte poster. suorum annal. fo. 449. b.

Bearding, aliâs, Barding of wooll See Clack.

Bearers, signifie all one with Maintainers, anno 20. Edvar. 3. cap. 5.

Beconage (Beconagium) signi∣fieth money paid for the main∣tenance of Becons.

Bewpleder (pulchrè placitando) is made of. 2. french words (beau. 1. decorus, formosus, pulcher) and (ple∣der. 1. disputare, & causam agere) It signifieth in our common law, a writ vpon the statute of Marl∣bridge or Marlborow, made the 52. yeare of H. 3. ca. 11. whereby it is provided, that neither in the circuit of Iustices, nor in Coun∣ties, Hundreds, or Courts-ba∣ron, any fines shall be taken of any man for faire pleading, that is, for not pleading fairely or aptly to the purpose. Vpon which Statute, this writ was or∣dained against those, that violate the lawe herein. See Fitz. nat. br. fol. 270. A. B. C. whose definition is to this effect: The writ vpon

the Statute of Marlebridge for not faire pleading, lyeth where the Shyreeue or other Bailiffe in his court, will take fine of the party plaintiffe or defendant, for that he pleadeth not fairely, &c.

Bedell (Bedellus) commeth of the French (bedeau. i. apparitor) & it signifieth with vs, nothing else but a messenger or seruitour be∣longing to a Court, as a Court-baron or Leet, Kitchin fol. 46. where you may see his oath: or to the Court of the Forest, Man∣wood parte pri. of his Forest lawes. pag. 221. in these words: A Be∣dell is an officer or seruant of the Forest, that doth make all maner of garnishments of the Courtes of the Forest, and also all maner of Proclamations, as well with∣in the Courts of the Forest as without: and also doth execute all the processes of the Forest. He is like to a Bailiffe errant of a Shyreeue in a countie, &c.

Benefice (Beneficium) is gene∣rally taken for all ecclesiasticall liuings, be they dignities or o∣ther, as anno 13. R. 2. sat. 2. ca. 2 where benefices are diuided in∣to electiue, and benefices of gift. So is it vsed in the Canon lawe also. Duarenus de beneficiis. lib. 2. cap. 3.

Beneficio primo ecclesiastico ha∣bendo, is a writ directed from the King to the Chanceler, to be∣stow the benefice that first shall fall in the kings gift, aboue or vnder such a valew, vpon this or that man, Regist. orig. fol. 307. b.

Benevolence (Benevolentia) is vsed both in the Chronicles and Statutes of this realme, for a vo∣luntarie gratuitie giuen by the subiects to the King. Looke Stowes annals pag. 701. That it hath bene something aunciently accustomed, it appeareth by him and by the Statute anno 1. Ric. 3. cap. 2. where it is called a newe imposition: and in that respect reprehended by that tyrant in his predecessors: whether iustly or not I cannot say, nor mind to dispute. But Stowe, pag. 791. saith, that the inuention grewe from Edward the fourths dayes. You may find it also, anno 11. H. 7. ca. 10. to haue bene yeelded to that worthy Prince, in regard of his great expences in wars and o∣therwise. This is also mentioned and excepted out of the pardon, anno 1. Ed. 6. cap. 15. It is in other nations called (subsidium chari∣tativum) giuen somtime to Lords of the fee, by their tenents, som∣time to bishops by their Clergy. Matthaeus de Afflictis, de scis. 136. Cassan. de conseut. Burg. pag. 134. 136. Baldus consitio. 120. vol. 6. pag. 230. Of this Maenochius ma∣keth mention, lib. 2. centur. 〈◊〉〈◊〉. ca. 178. & 179. shewing, when it is lawful for a Prelate charitativum subsidium à sibi subditis exigere, &

quanta debeat esse eius summa, set∣ting downe eight iust causes of this exaction.

Besaile (proavus) is horowed of the French (bisayeul. i. le pere de man pere grand) the father of my grandfather. In the common law it signifieth a writ, that lieth, where the great grandfather was seised in his demesne as of fee, of any lands or tenements in fee-simple, the day that be dyed, and after his death a strā∣ger abateth, or entreth the same day vpon him, and keepeth out his heyre, &c. The forme and farder vse of this writ, reade in Fitz. nat. br. fol. 221. D. E. F. &c.

Beastes of chace (Ferae campe∣stres) be fiue of the Forest, chace, or parke: that is, the Bucke, the Doe, the Foxe, the Martron, and the Roe, Manwood parte prim. of his Forest lawes, pag. 342. & par∣te 2. cap. 4. num. 2.

Beastes of the forest (ferae sylve∣stres) are the Hart, the Hind, the Hare, the Boare, and the Wolfe, Manwood parte 2. of his Forest lawes, cap. 4. num. 1.

Beasts and Fowles of Waren, are the Hare, Conie, Fesant, and the Pertridge, Manwood parte 2. cap. 4. num. 3.

Bestaile, commeth of the French (bestial. i. pecus) it see∣meth with vs to signifie all kind of catell taken for the kings provision, anno 4. Ed. 3. cap. 3. And bestiall is generally vsed for all kind of catell, anno 1. Iacobi cap. 33.

Bidding of the bedes, was a charge or warning, that the pa∣rish Priest gaue to his parishio∣ners, at certaine especiall times, to say so many Pater nosters, &c. vpon their beades, anno 27. H. 8. cap. 26.

Bigamie (bigamia) signifieth a double mariage. It is vsed in the common lawe, for an impedi∣ment that hindreth a man to be a Clerke, by reason that he hath bene twice maried. For vpon those words of S. Paule to Timo∣thie the first. cap. 3. vers. 2. (Oper∣tet ergo Episcopum irreprehensibilem esse, & vnius vxoris virum:) the Canonists haue founded their doctrine, that he that hath bene twice maried, may not be a Clerke. And also him that hath maried a widow, they by inter∣pretation, take to haue bene twice maried. And both these they do not onely exclude from holy orders, but also deny them all priuiledges that belong vnto Clerkes. But the author of the new termes of lawe well saith, that this lawe is abolished by anno 1. Ed. 6. cap. 12. And to that may be added the statute, anno 18. Elizab. cap. 7. which alloweth to all men that can read as Clerkes, though not within

orders, the benefite of Clergie in case of felonie not especially excepted by some other statute.

Bilanciis deferendis, is a writ directed to a corporation, for the carying of weights, to such or such a hauen, there to weigh the wools that such a man is licen∣ced to trāsport, Reg. orig f. 270. a.

Bilawes, are orders made in court leets or court Barons by common assent, for the good of those that make them, farder then the publique lawe doth binde. Coke vol. 6. fo. 63. a. Kitchin fo. 45. & 79. These in Scotland are called (burlawe) or (birlawe) Skene de verbo: sign. verbo Burlawe: where he saith thus: Lawes of burlawe, are made and determi∣ned, by consent of neighbours e∣lected and chosen by common consent, in the courts called bir∣lawe courts. In the which cogni∣tion is taken of compleints be∣twixt neighbour and neighbour: which men so chosen, are iudges and arbitratours to the effect a∣foresaide, and are called birlawe men, For (bawr) or (bawrsman) in Dutch is (rusticus) and so (bir∣law) or (burlaw) leges rusticorum. Hetherto M. Skene.

Bilinguis, though it signifie in generality a double tounged man; yet in our common lawe, it is vsed for that Iury, that passeth betweene an english man and an alien. Wherof part must bee En∣glishmen, and part straungers. anno. 28. Ed. 3. ca. 13.

Bille (billa) is diuersly vsed a∣mong our cōmon lawyers. First (as West. saith pa. 1. symb. li. 2. sect. 146. it is al one with an obligati∣on, sauing that whē it is in ēglish, it is commonly called a bill, and when it is in latine, an obligati∣on. But I heare other good law∣yers say, that a bill, though it be obligatorie, yet is without con∣dition or forfeiture for non pay∣ment: and that the obligation hath both. Bille secondly, is a de∣claration in writing, that expres∣seth either the griefe and the wrong that the complaynant hath suffered, by the party com∣plained of, or els some fault, that the party complayned of, hath committed against some lawe or statute of the common wealth. This bille is sometime offered vp to Iustices errants in the gene∣rall assises: sometime, and most of all, to the Lord Chanceler of England, especially for vncon∣scionable wrongs done, some∣time to others hauing iurisdicti∣on, accordingly as the law, wher∣uppon they are grounded, doeth direct. It containeth the fact complained of, the dammages thereby suffered, and petition of processe against the defendant for redresse. West. parte. 2. Simbol. titulo supplications. sect. 52. whom you may reade at large touching

this mater.

Billa vera, is (as it were) a word of arte in our common lawe. For the grand enquest empaneled and sworne before the Iustices in eare &c. indorsing a bill, whereby any crime punishable in that court, is presented vnto them, with these two words; do signifie thereby, that the presen∣tor hath furnished his present∣ment or denunciation with pro∣bable euidence, and worthy of farder consideration. And there∣uppon, the party presented by the same bill, is said to stand in∣dicted of the crime, and so tyed to make answer vnto it, either by confessing, or trauersing the indictment. And if the crime touch the life of the party indi∣cted, it is yet referred to another enquest, called the enquest of life and death: who if they finde him guilty, then he standeth conuic∣ted of the crime, and is by the Iudge to be cōdemned to death. See Ignoramus, see Indictment.

Billets of gold, commeth of the french (billot. 1. massa auri. anno. 27. Ed 3. stat. 2. ca. 14.

Bynny peper. anno. 1. Iaco. ca. 19.

Blacke maile, is halfe english, halfe french. For in french (mail∣le) signifieth a smal peece of mo∣ny, which we cal a halfepeny. It signifieth, in the counties of Comberlād, Northumberland, West∣merland, and the bishopricke of Durisme, a certaine rate of mony, corne, catell, or other conside∣ration, paide vnto some inhabi∣ting vpon or neare the borders, being men of name and power, allied with certaine, knowne to be great robbers and spoile-ta∣kers within the saide counties, to the end thereby to be by them freed, protected, and kept in saf∣ty, from the daunger of such as doe vsually robbe and steale in those partes. an. 43. Eliza. ca. 13.

Blacke rodde, is the huiffier be∣longing to the order of the Gar∣ter, so called of his blacke rodde that he carrieth in his hand. He is of the kings chamber, and also huissier of the parlament.

Blanks, cōmeth of the french (blanc. 1. candidus, albus) It signi∣fieth a kind of coine that was coi∣ned in the parts of Frāce 5. by K. H. that were subiect to England: the valew whereof was eight pence. Stowes annals. pa. 586. These were forbidden to be cur∣rent within this realme. a. 2. H. 6. ca. 9. The reason why they were called blankes may be, be∣cause at the time these were coy∣ned in France, there was also a peece of gold coyned, which was called a (Salus) of the va∣lue of 22. shillings from which this siluer was in name distin∣guished by the colour.

Bloody hand. See Backberend.

Blomary, is one of the forges

belonging to an iron mill (which also seemeth otherwise to be tearmed a Finary.) The vse wher∣of if you will vnderstand, you must knowe, that first there is a fornace, wherin the mine-stones are melted and cast into a raw i∣ron, fashioned into long wedges three square. that be called sows. Then be there two forges like vnto smithes forges, but much bigger, the one whereof is called the blomary or (as it seemeth) the finary, into the which being maintained with a charcole fire blowne with bellowes, made to goe by water, are cast the saide sowes of raw iron, and melted againe, and by a workman cal∣led the finary man, are wounde and wrought rounde, and after∣warde beaten by a hammer in∣to little wedges about a yarde long, which are called bloomes. Then is there another forge cal∣led the Hammer, into which these bloomes are cast, and by a workman (called the hammer man) againe chafed and made soft in a charcole fire, blowne likewise with bellowes caused to goe by the water: and after caried by the saide hammer man, and put vnder the great hammer driuen also by the wa∣ter. And so the saide bloomes are drawen, fashiōed, and made into such barres of iron of di∣uers sortes and formes, as we see commonly sould. Of these you may reade in the statut. anno. 27. Elizab. ca. 19. See Baye.

Bloodwit (blodwita) is compoū∣ded of 2. Saxon words (blout. i. sanguis) and (wit) for the which we haue the word (wite) still in the West parts of England signi∣fying a charging of one with a fault, or an vpbraiding. And Speight in his expositions vpon Chawser saith, that (to wit) is as much as to blame. (To twit) in some other places of this land signifieth as much as (to hitte in the teeth) or to vpbraide. This bloodwit is a wot•• vsed in char∣ters of liberties aunciently graū∣ted, and signifieth an amerce∣ment for shedding of blood. So that whosoeuer had it giuen him in his charter, had the penal∣tie due for shedding of blood graunted vnto him. Rastall in his exposition of words. Skene de verbo. signif. writeth it (bludveit) and saith that (veit) in english is iniuria vel misericordia: and that (bludveit) is an amercement or (vnlawe) as the Scottishmen call it, for wrong or iniurie, as blood∣shed is. For he that is infest with (bludveit) hath free libertie to take all amercements of courts for effusion of blood. Fleta saith, quod significat quietantiam miseri∣cordiae pro effusione sanguinis. li. 1. ca. 47.

Bockland, See Charterland. See

Copie bould and Free hould.

Bonis arrestandis, is a writ, for the which See Arrestandis bonis.

Bonis non amovendis, is a writ to the Shyreeues of London, &c. to charge them, that one condem∣ned by iudgement in an action, and prosecuting a writ of errour, be not suffered to remooue his goods, vntill the errour be tried. Register. orig. fo. 131. b.

Borow (burgus vel burgum) may either come from the French (burg. i. pagus) or from the Saxon (borhoe. i. vadium, pignus.) It sig∣nifieth here in England a corpo∣rate towne that is not a Citie. anno. 2. Ed. 3. ca. 3, namely all such as send Burgesses to the Parla∣ment: the number whereof you may see in M. Cromptons Iurisd. fo. 24. It may probably be thought, that it was aunciently taken for those companies con∣sisting of ten families, which were combyned to be one ano∣thers pledge or borhoe: See Bra∣cton. li. 3. tractat. 2. ca. 10. See Headborowe, and Borowhead, and M. Lambard in the duties of constables. pa. 8. Lynwood vpon the prouinciall (vt singula de cen∣sibus), speake to this effect: Aliqui interpretātur burgum esse castrum, vel locum vbi sunt crebra castra. vel dicitur burgus, vbi sunt per limites habitacula plura constituta.) But then setting downe his owne o∣pinion, he defineth it thus: Burgus dici potest villa quacun{que} un{que} alia a ciui∣tate, in qua est vniuersit as approbata. And that he proueth oute of the 11. booke of Iustinians Godex. ti∣tulo de fund. rei priuatae. 65. et. l. 6. eius tituli. where burgus is termed corpus. some deriue it from the greeke (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. turris) see M. Skene de verbo. signif. verbo. Borghe. The late author M. Verslegan in his restitution of decaied intel∣ligences, saith, that (burg) or (burnh) whereof we say yet (Bo∣rough) or (Bourrow) metaphori∣cally signifieth a towne, hauing a wall, or some kinde of closure about it: also a Castell. All places that in old time had among our auncesters the name of borrough, were places one way or other fensed or fortified.

Bordlands, signifie the de∣measns, that lords keepe in their hands, to the maintenance of their bord or table. Bract. li. 4. tra∣ctat. 3. ca. 9. nu. 5.

Borowhead alias Headborowe, (capitalis plegius) by M. Lamberds opiniō in his treatise of Cōstables, is made vp of these two words. (borhoe. i. pledge and (bead) and signifieth a head orchiefe pledge. And in explication of this, and o∣ther Saxon words of this nature, he maketh an excellent rehear∣sall of some auncient customes of England, during the reigne of the Saxons, which you may reade. This borowhead (in short)

was the head or cheife man of the Decurie or Borhoe, that there he speaketh of, chosen by the rest to speake, & to doe in the name of the rest, those things that con∣cerned them. See Borowhol∣ders.

Borowhowlders, aliàs Bursholders, be quasi borboe ealders, signifing the same officers that be called borowheads. (Lamb. in the duties of Constchles.) Bracton calleth them (Borghie Aldere) li. 3. tra∣ctat. 2. ca. 10.

Borow english, is a custumarie descent of lands or tenements, whereby in all places where this custome holdeth, lands and te∣nemenrs descend to the yongest sonne: or, if the owner haue no is∣sue, to his yongest brother: as in Edmunton. Kitchin. fo. 102. And the reason of this custome, as (Li∣tleton saith) is, for that the yon∣gest is presumed in lawe, to be least able to shift for himselfe.

Borow goods divisable, I finde these words in the statute of A∣cton. Burnel. anno 11. Ed. 1. statute vnico. and dare not confidently set downe the true meaning of them. But as before the statute of 32. & 34. H. 8. no lands weare diuisable at the common law, but in auncient baronies: so per∣haps, at the making of the fore∣saide statute of Acton burnel, it was doubtfull, whether goods were deuisable but in auncient borowes For it seemeth by the writ. de rationabili parte bonorum, that aunciently the goods of a man were partible betwene his wife and children.

Bote, signifieth compensation. Lamb, explication of Saxon words. Thence cōmeth (manbote, aliâs monbote) that is compensati∣on or amends for a man slaine, which is bound to another. For farder vnderstanding whereof, it is to be seene in K. Inas lawes, set out by M. Lamberd. ca. 96. what rate was ordeined for the expia∣tion of this offence: See Hedge∣bote, Plowbote, Howsebote. & reade M. Skenede verbo. signif. verbo. Bote.

Botiler of the king (pincerna regis) anno 43. Ed. 3. ca. 3. is an of∣ficer that prouideth the Kings wines: who (as Fleta li. 2. ca. 21. saith) may by vertue of his of∣fice out of every shippe loaden with sale wines, vnum doleum eli∣gere in prora navis ad opus regis, & aliud in puppi, & pre qualibet pecia reddere tantùm 20. solid. mercatori. Si autem plura inde habere volucrit, bene licebit: dum tamen precium fi∣de dignorum iudicio pro rege appe∣natur.

Bowbearer, is an vnder officer of the forest (as M. Crompton in his iurisdict. fo. 201, setteth down, sworne to the true performance of his office in these words: I will true man be to the master fori∣ster

of this forest, & to his lieue∣renent: and in the absence of them, I shall truly oversee, and true inquisition make, as well of swornemen as vnsworne in eue∣rie bayliwick, both in the north bayle. and south bayle of this forest, and of all maner of tres∣passes done, either to vert or ve∣nison, I shall truly endeavour my selfe to attach, or cause them to be attached, in the next court Attachement, there to be pre∣sented, without any concealment had to my knowledge: so helpe me God, &c.

Bracton (otherwise called Hen∣ry of Bracton) was a famous law∣yer of this land, renowmed for his knowledge both in the com∣mon and civill lawes, as appea∣reth by his booke every where extant. He liued in the daies of Henry the third. Stawn. praero fo. 5. b. and as some say, Lord cheife Iustice of England.

Bread of treate, and bread of coket. anno. 51. H. 3. statuto. 1. of bread and ale.

Bred, signifieth broade. This word Bracton vseth, li. 3. tracta. 2. ca. 15. nu. 7. proverbially thus to lange and to bred the meaning whereof you may there finde, word for word it is, as we now speake two long and two broad: or two in length, and two in breadth.

Breuibus, & ra〈…〉〈…〉 liberandis, is a writ or mandat to a Shyreeue to deliuer vnto the newe Shy∣reeue chosen in his roome, the county with the appertenances, together with the rols, briefes, remembrances, and all other things belonging to that office. Register. original. fo. 295. a.

Bribours, commeth of the french (bribeur. i. mendicus) It see∣meth to signifie with vs, one that pilfreth other mens goods. anno 28. Ed. 2. stat. 1. ca. vnico.

Brief (breve) commeth from the French (brefou breif. i. brevis) and in our common lawe, signifi∣eth a writ, whereby a man is summoned to answer to any a∣ction: or (more largely) any pre∣cept of the king in writing; issu∣ing out of any court, whereby he commaundeth any thing to be done, for the furtherance of iustile or good order. The word is vsed in the ciuile lawe, some time in the singular number, and masculine gender, as l. vlt. Coa. de conueniendis fisci debitoribus. li. 10. tit. 2. you haue these words: Inter chartulas confiscati brevis, quidam adseueratur invētus, qui nomina cō∣tineba•• debitorū. Where it is vsed for a short note. Again, I finde a title restored by Gothofred; in the first booke of the Code. de quadri∣menstruis brevibus. Quadrumen∣strus autem breves erant, qui de sin∣gulis indictionum pensionibus, quarte quo{que} mense fo••utis, confic••e•• antur.

Also Lampridius in Alexandro hath it singularly thus: notarium, qui falsum causae brevem in consilio imperatorioretulisset, &c. And in the Authētiques. Novel. 105. ca. 2. you haue this word (breviatores. i. brevium proscriptores). Breves au∣tem, brevia, brevicula, sunt chartae sive libelli breves, as Galbofred. there noteth. Where he noteth likewise out of Zonaras in Gar∣thagin: Cōcilio, that this is a greeke word, thus: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. See Skene de verbo. signif. verbo Breue. Of these breifes see also Bracton. li. 5. tract. 5. ca. 17. nu. 2. Breve quidem cùm sit formatum ad similitudinem re∣gula iuris, quia breviter & paucis verbis intentionem proferentis expo∣nit & explanat, sicut regula iuris rem quae est breviter charrat. Non tamen ita breve esse debet, quin rationem & vim intentionis contineat. &c.

Brigandine (lorica) is the french (brigandine) that is a coate of maile. This is vsed. anno 4. & 5. Ph. & Mar. ca. 2.

Brigbote, significat quietantiam reparationis pontium. Fleta, li. 1. ca. 47. It is compounded of (brig) a bridge and (bote) which is a yeel∣ding of amends or supplying a defect. See (Bote) and Bruck∣bote.

Britton, was a famous Lawyer, that liued in the daies of K. Ed∣ward the first, at whose comman∣demēt, & by whose authority he writ a learned booke of the lawe of this realme. The tenure wher∣of runneth in the Kings name, as if it had beene penned by him∣selfe, answerably to the Instituti∣ons, which Iustinian assumeth to himselfe, though composed by others. Stawnf. prare fo. 6. & 21. S. Edward Cooke saith, that this Britton writ his booke in the fifte yeare of the said King reigne. li. 4. fo. 126. a. & lib. 6. fo. 67. a. M. Guin. in the preface to his reading, mencioneth, that this Iohn Britton was bishop of Hereford.

Broke, commonly called S. Robert Broke, was a greate lawyer and lord chiefe Iustice of the cōmon plees in Queene Mar. 〈◊〉〈◊〉 time. Cromptons Iustices of peace. fo. 2•• b. he made an abbridgement of the whole lawe, a booke of highe accoumpt.

Broker (brocarnis) seemeth to come from the French (broieur tritor) that is a gryneder or brea∣ker into small peaces. Because he that is of that trade, to deall in maters of mony and marchan∣dise betwene Englishe men and Strangers, doth draw the b••r∣gaine to particulars, and the par∣ties to conclusion, not forgetting to grinde out somthing to his owne profit. Those men be called broggers. anno. 10. R. 2. ca. i. It may not improbably be said, that this word commeth from

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carder. i. cavillari.) because these kinde of men, by their deceitfull 〈…〉〈…〉ches and abusing their true made, many times inuegle others: In Scotland they be called (broc∣cary) and in their owne idiome, blockers or brockers, that is, me∣diators or intercessors in any trās∣action, paction, or contract: as in buying or selling, or in contract∣ting mariage. Skene de verbo. signi. verbo broccarij.

He that will know what these brokers were wont & ought to be let him read the statut. anno. 1. Iacobi. ca. 21. These in the civile lawe are called (proxenetae) as al∣so of some (licitatores & media∣tores titulo de proxeneticis. in Dige∣stis. This kind of dealer is also of the Romanes called (pararius) Senece. li. 2. de benef. ca. 22. Caelius Rhideginus, libro. 6. ca. 32. & li 3. cap. 35.

Broderers (commeth of the French (brodeur) and that com∣meth of (bordure. i. fimbria, limbus) the edge or hemme of a gar∣met. And that because it is distin∣guished frō the rest, most cōmōly, by some conceipted or costly worke; he that worketh it, is cal∣led (brodeur) in French, and bro∣deror or embroderer with vs.

Brode halpeny, commeth of the three Saxon words (bret, or bred,) 〈◊〉〈◊〉 aboord: and (halve) that is, for this or that cause (cuius rei gra∣tie) as the Latinists speake, and (penning) it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market. From the which they that are freed by the Kings Charter, had this word mentioned in there le∣ters patents. In so much, as at this day the freedome it selfe (for shortnesse of speech) is called by the name of brodehalpenie.

Broggers. See Brokers.

Bruckbote (Pontagium) is com∣pounded of two German words (bruck. i. pons,) and (bote. i. com∣pensatio.) It signifieth with vs, a tribute, contribution, or ayde toward the mending or reedifi∣ing of bridges; whereof many are freed by the kings charter. And thereupon the word is vsed for the very libertie or exemptiō from this tribute. See Pontage & Brigbote.

Bull (bulla) seemeth to come from the Greeke, (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉). i. consi∣lium) as Polidorus Virgilius saith, de inventio. rerum. lib. 8. cap. 2. It signifieth the leters, by the Cano∣nists called Apostolique, streng∣thened with a leaden seale, and containing in them the decrees or commandements of the Pope or bishop of Rome. The word is vsed many times in our Statutes: as anno 28. H. 8. cap. 16. & anno 1. & 2. Ph. & Ma. ca. 8.

Bullion, cometh of the French (billon) that is, the place where gold is tried. It signifieth with

vs, gold or siluer in the masse or billet, anno 9. Ed. 3. stat. 2. cap. 2. and sometime the Kings ex∣change or place, whether such gold in the lumpe is brought to be tryed or exchanged, anno 27. Ed. 3. stat. 2. cap. 14. & anno 4. H. 4. cap. 10. See Skene de verbo. signif. verbo Bullion.

Burghote, commeth of (burg. i. castellum) and (bote. i. compensa∣tio) and signifieth a tribute or contribution toward the buil∣ding or repairing of castels, or walles of defence, or toward the building of a borow or city. Frō this diuers had exemption by the auncient charters of the Sa∣xon kings. Whereupon it is ta∣ken ordinarily for the exemption or libertie it selfe. Rastals expos. of words. Fleta hath these words of it: Significat quiet antiam repa∣rationis murorum civitatis vel burgi li. 1. cap. 47.

Burgh English. See Borow En∣glish.

Burgage (burgagium) is a te∣nure proper to cities & townes, whereby men of cities or bo∣rowes, hold their lands or tene∣ments of the King, or other Lord for a certaine yearely rent. Old Tenures: It is a kind of socage. Swinborn. parte 3. §. 3. nu. 6.

Burglarie (burglaria) is com∣pounded of two French words, (bourg. i. pagus, villa) and (lare∣cin, i. furtum,) or of (bourg & la∣ron) Coke lib. 4. fol. 39. b. It is, ac∣cording to the acceptance of our common lawe, thus defined: Burglarie is a felonious entring into another mans dwelling house, wherein some person is, or into a Church in the night time, to the end to commit some felonie therein: as to kill some man, or to steale somewhat thence, or to do some other fe∣lonious act there, albeit he exe∣cute not the same. If the intent, or fact of this offender, be to steale, this is like robberie, if to murder, it differeth not much from murder, and so of other fe∣lonies. West. parte 2. symbol. titulo. Indictments. Sect. 56. Burglarie in the naturall signification of the word, is nothing, but the robbing of a house: but as it is (vox artis) our common Lawyers restraine it to robbing a house by night, or breaking in with an intent to robbe, or to do some other felonie. The like offence committed by day, they call house-robbing, by a peculiar name. How many wayes burgla∣rie may be committed, see Cromptons Iustice of peace, fol. 28. b. & fol. 29. 30.

Butlerage of wines, signifieth that imposition of sale wine brought into the land; which the Kings butler, by vertue of his office, may take of euery shippe, anno 1. H. 8. cap. 5. For

the which see more in Botyler.

C

CAblish (cablicin) among the writers of the Forest lawes, signifieth brush wood, Manwood parte pag. 84. Cromptons Iurisd. fol. 165.

Calamus, is a cane, reed, or quill, the diuers kinds wher∣of, you haue set downe in Ge∣rards Herball. lib. 1. cap. 24. This is comprized among merchan∣dize and drugs to be garbled, in the statute anno 1. Iacobi, cap. 19.

Calendrin of Worsseds. anno 5. H. 8. cap. 4. & anno 35. eiusdem. cap. 5.

Cantred, is as much in Wales, as an hundred in England. For Cantre in the British tongue sig∣nifieth centum. This word is vsed anno 28. H. 8. cap. 3.

Cape, is a writ iudiciall tou∣ching plee of land or tenements, so tearmed (as most writs be) of that word in it selfe, which carieth the especiallest intenti∣on or end thereof. And this writ is diuided in (Cape magnum, & Cape parvum:) both which (as is before said in Attachment) take hold of things immoueable, and seeme to differ betweene themselues in these points. First, because (cape magnum) or the (grand Cape) lyeth before ap∣pearance, and (Cape parvum) af∣terward. Secondly, the (Cape ma∣gnum) summoneth the tenent to aunswer to the default, and ouer to the demaundant: (Cape par∣vum) summoneth the tenent to aunswer to the default onely: 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 (pe∣tit Cape) not because it is of smal force, but that it consisteth of few words. (Cape magnum) in the old nat. br. is thus defined. This writ is a iudiciall, and lyeth where a man hath brought a (Praecipe quod reddat) of a thing that toucheth plee of land, and the tenent make default at the day to him giuen in the writ originall: then this writ, shall goe for the king, to take the land into the kings hands: and if he come not at the day giuen him by the (grand Cape) he hath lost his land, &c. A president and forme of this writ you may see in the Register iudiciall, fol. 1. b. It seemeth after a fort to containe in it the effect (unssio∣nis in possessionem ex primo & secun∣do decrete) among the Civilians. For as the first decree seiseth the thing, and the second giueth it from him, that the second time defaulteth in his appearance: so this (Cape) both seiseth the land, and also assigneth to the partie a

farder day of appearance, at which if he come not in, the land is forfeited. Yet is there difference betweene these two courses of the ciuill and cō∣mon lawe: first, for that (missio in possessionem) toucheth both moueable and immoueable goods, whereas the (cape) is extended only to immoueable: secondly, that the partie being satisfied of his demaund, the remanet is restored to him that defaulted: but by the (cape) all is seised without restitution: thirdly, (missio in possess:) is to the vse of the partie agent, the (cape) is to the vse of the king. Of this writ, and the explication of the true force and effect thereof, reade Bracton lib. 5. tract. 3. cap. 1. num. 4. 5. & 6. See Cape ad valentiam.

Cape parvum, in the Old. na. br. fol. 162. is thus defined: This writ lyeth, in case where the tenent is summoned in plee of land, and commeth at the summons, and his appearance is of record, and after he maketh default at the day that is gi∣uen to him: then shall goe this writ for the king, &c. Of this likewise you haue the form in the Register iudiciall, fol. 2. a. Why it is called cape parvum, see in cape magnum. Of both these writs, reade Fleta lib. 6. cap. 44. 〈◊〉〈◊〉. Magnum & seqq.

Cape ad Valentiam, is a species of cape magnum, so called of the end whereunto it tendeth. In the Old nat. br: fol. 161. 162. it is thus defined or described: This writ lyeth, where any implea∣ded of certaine lands, and I vouch to warrant another, a∣gainst whom the summons ad warrantizandum, hath bene awar∣ded, and the Shyreeue commeth not at the day giuen: then if the demandant recouer against me, I shall haue this writ against the vouchee, and shall recouer so much in value of the land of the vowchee, if he haue so much: and if he haue not so much, then I shall haue exe∣cution of such lands and tene∣ments, as descend vnto him in fee-simple: or if he purchase afterward, I shall haue against him a resummons: and if he can nothing say, I shall recouer the value. And note ye, that this writ lyeth before apparence. Thus farre goeth the booke. Of these, and the diuers vses of them, see the Table of the Register iudiciall, verbo. Cape.

Capias, is a writ of two sortes, one before iudgement called (Capias ad respondendum) in an action personall, if the Shyreeue vpon the first writ of distresse re∣turne (nihil habet in baliua nostra:) and the other is a writ of execu∣tion after iudgement, being also

of diuers kindes (viz. Capias ad satisfaciendum, Capias pro fine, Capias vtlagatum, Capias vtlaga∣〈…〉〈…〉 & inquiras de bonis & catallis).

Capias ad satisfaciendum, is a writ of execution after iudge∣ment, lying where a man reco∣uereth in an action personall, as debt, or dammages, or detinew in the kings court: and he against whome the debt is recouered, and hath no lands nor tene∣mēts, nor sufficient goods, wher∣of the debt may be leuied. For in this case, he that recouereth, shal haue this writ to the shreue, commanding him that he take the body of him, against whome the debt is recouered: and he shalbe put in prison, vntill satis∣faction be made vnto him that recouered.

Capias pro fine, is where one being by iudgement fined vnto the king, vpon some offence committed against a statut, doth not discharge it according to the iudgement. For by this is his body taken, and committed to prison, vntill he content the king for his fine. Coke. li. 3. fo. 12. a.

Capias vtlagatum, is a word of execution, or after iudgement, which lyeth against him that is outlawed vpon any suite: by the which the shyreue vpon the re∣ceite thereof, apprehendeth the party outlawed, for not appear∣ring vpon the (exegend) and keepeth him in safe custodie vn∣till the day of returne assigned in the writ: and then presenteth him vnto the court, there farder to be ordered for his contempt.

Capias vtlagatum, & inquiras de bonis & catallis, is a writ al one with the former, but that it gi∣ueth a farder power to the shyreeue, ouer and beside the apprehension of the body, to in∣quire of his goods and cattels. The forme of all these writs see in the ould nat. br. fo. 154. and see the Termes of law, verbo Proces. Lastly you may finde great vari∣ety of this kinde, in the table of the Register iudiciall. verbo Capias.

Capias in Withernamium de ave∣rijs, is a writ lying for catell in Withernam. Register orig. fo. 82. &. 83. see Withernam.

Capias in Withernamium de ho∣mine, is a writ that lyeth for a ser∣uant in Withernam. Regist. or. fo. 79. &. 80. see Withernam:

Capias conductos ad proficiscen∣dum, is a writ that lieth for the ta∣king vp of such, as hauing recei∣ued prest mony to serue the king, slink away, and come not in at their time assigned. Register. orig. fo. 191.

Captaine, aliàs capitayne (capi∣taneus) commeth of the French (capitaine) and signifieth with vs, him that leadeth, or hath charge

of a companie of souldiers: and is either generall, as he that hath the gouernance of the whole host: or speciall, as he that lead∣eth one only band. The word (ca∣pitanei) in others nations signifi∣eth more generally those, that are in latine called (principes) or (proceres) because, as Hottoman saith in verbis feudalibus: tanquā caput reliquo corpori, sic hij reliquis civibus praesunt. He divideth them into two sorts: and to vse his words. alii sunt capitanei regni: quo verbo Duces, Comites, Marchiones intelligūtur. li. 1. feudo. tit. 1. §. 1. & ti. 7. Alii impropriè, qui vrbiū praefecti sunt, quibus plebs ab aliquo superio∣rum gubernanda committitur: qui & vallasores regit, & maiores appellan∣tur. l. 1. feud. tit. 1. §. 1. & tit. 7. & tit. 17. So we haue captaines of castels heere in England, and o∣ther places, as of the Isles of Gearsey and Gearnsey, of the Isle of Weight, &c.

Capite, is a tenure, which hol∣deth immediately of the king, as of his crown, be it by knights ser∣uice or socage: Broke. tit. Tenures. 46. 94. Dyer. fo. 123. nu. 38. & fo. 363. nu. 18. & not as of any Ho∣nour, castell, or maner: and there∣fore it is otherwise called a te∣nure, that holdeth meerely of the king, because as the crowne is a corporation, and seigneury in grosse (as the common law∣yers terme it) so the King that possesseth the crowe, is in accōpt of lawe, perpetually King, and neuer in his minoritie, nor neuer dieth: no more then (populus.) doth, whose authoritie he bea∣reth. See Fitzh. nat. br. fo. 5. F. Note by the way, that a man may hold of the king, and not (in Capite) that is, not immediately of the crowne in grosse, but by meanes of some Honour, castel, or maner belonging to the Crowne, wher∣of I hold my land. Whereof Kit∣chin saith well, that a man may hold of the King by Knight ser∣uice, and yet not in capite, because he holdeth happily of some ho∣nour by Knights seruice, which is in the kings hands (as by des∣cent from his auncesters) and not immediately of the king, as of his crowne. fo. 129. with whome a∣greeth Fitzh. nat. br. f. 5. K. whose words are to this effect: So that it plainely appeareth, that lands which be held of the king, as of an honour, castell, or maner, are not held in capite of the King: be∣cause that a writ of right, in that case, shallbe directed to the bay∣liffe of the honour, castell, or maner, &c. but when the lande be held of the King, as of his crowne, then they be not held of honour, castell, or maner, but meerely of the King, as King, and of the Kings crowne, as of a seig∣neury of it selse in grosse, and the cheife aboue all other seigneu∣ries,

&c. And this tenure in capite is otherwise called tenure hol∣ding of the person of the King. Dyer. fo. 44. n. 37. Author of the new termes. verb. Tenure in capite. Broke. titulo. Tenures. nu. 65. 99. And yet M. Kitchin. fo. 208. saith, that a man may hould of the person of the King, and not in capite. His example is this: if the King purchas a maner that I. S. houldeth, the tenent shall hould as he held before, and shall not render liuery or primier seisin, nor hould in capite: And if the king graunt that maner to W. N. in fee; excepting the seruices of I. S. then I. S. holdeth of the king, as of the person of the king, and yet houldeth not in caepite, but as he held before. So that by this booke, tenuere houlding of the person of the king, and te∣nure in capite, are two diuers te∣nures. To take away this diffi∣culty, I thinke M. Kitchin is in that place to be taken, as if he saide, not in capite by Knights seruice, but by socage, folow∣ing the vsuall speech: because most commonly where we talke of tenure in capite, we meane te∣nure by Knights seruice.

Carno, Cromptons iurisd. fol. 191. is an imunity

Carke, seemeth to be a quanti∣titie of wolle, whereof thirtie make a Sarpler. anno. 27. H. 6. ca. 2. See Sarpler.

Carrack, aliàs Carrick, see∣meth to be a shippe of burden, so called of this Italian (carrico) or (carco) a burden or charge, or of the spanish (cargo) you haue this word. anno 2. R. 2. ca. 4. & anno 1. Iaco. ca. 33.

Carroway seedes, aliàs Carruway seedes (semen cari vel carei) is a seed springing of the herbe so called, of whose operation you may read in Gerards herball. li. 2. ca. 396. It is reckoned among the merchandize, that ought to be garbled. anno. i. Iaco. ca. 19.

Carue of land (carucata terrae) commeth of the French (charue. i. aratrum) and with vs is a cer∣taine quantitie of land, by the which the subiects haue some time bene taxed: wherevpon the tribute soe leuied, is called (Car∣vage Caruagium.) Bracton. li. 2. ca. 16. nu. 8. It is all one with that; which the same author. lib. 2. ca. 17. calleth (carucatam terrae) For Litleton ca Tenure in socage. saith, that (haec soca socae, idem est quod ca∣ruca) sc, one sok or one plow land. Yet one place I finde in Stowes annals, that maketh me doubt. pag. 271. where he hath these words: The same time king Henry tooke carvage, that is to say, two merks of siluer of euery knights fee, toward the mariage of his sister Izabell to the Empe∣ror: where caryage cannot be taken for a plow land, except

there were some other farder di∣vision, whereby to raise of euery plowe land so much: and so con∣sequently of euery Knights fee: that is, of euery 680. acres, two merkes of siluer. Rastall in his Exposition of words saith, that car∣uage is to be quite, if the lord the King shall taxe all the land by carues: that is, a priuiledge, whereby a man is exempted frō carvage. Skene de verb. signif. ver. Carucata terrae, deriueth it from the French (charon. i. a plough, and saith, that it containes as great a portion of land, as may be tilled and laboured in a yere and day with one plough: which also is called (hilda) or (hida ter∣rae) a word vsed in the old Bri∣taine lawes. M. Lamberd among his precedents, in the end of his Eirenarcha, translateth (carucatū terrae) a plough land.

Caruage (caruagium,) see Carue.

Cassia Fistula, is a tree that bea∣reth certaine blacke, round, and long cods, wherein is contained a pulpe, soft & pleasantly sweet, seruing for many vses in Phisick. This tree with her vertues you may find described in Gerards Herball, lib. 3. cap. 77. The fruite is mentioned in the statute, anno 1. Iacob. cap. 19. among drugges and spices, that be to be gar∣bled.

Cassia lignea, is a sweet wood not vnlike to Cynamom, and sometime vsed in steede of Cy∣namom. Whereof you may read in Gerards Herball, lib 1. ca. 141. This is called Cassia lignum, in the Statute anno 1. Iacob. cap. 19 and is comprised among mer∣chandize that are to be garbled.

Castellain (castellanus) is a kee∣per or a Captaine, sometime cal∣led a Constable of a castell, Bra∣cton lib. 5. tractat. 2. cap. 16. & lib. 2. cap. 32. num. 2. īn like ma∣ner is it vsed, anno 3. Ed. 1. cap. 7. In the bookes (de feudis) you shall find (guastaldus) to be al∣most of the same signification, but something more large: be∣cause it is also extended to those that haue the custodie of the Kings mansion houses, called of the Lumbards (curtes) in England (Courts,) though they be not places of defence or strength. M. Manwood, part. 1. of his Fo∣rest lawes, pag. 113. saith, that there is an officer of the Forest called Castellanus.

Castelward (castelgardum, vel wardum castri) is an imposition laide vpon such of the kings sub∣iects, as dwell within a certaine compasse of any castell, toward the maintenance of such, as doe watch and ward the castell. Ma∣gna charta, cap. 20. & anno 32. H. 8. cap. 48. It is vsed sometime, for the very circuit it selfe, which is inhabited by such as are sub∣iect

to this seruice, as in Stowes annals, pag. 632.

Casu consimili, is a writ of en∣trie, graunted where the tenent by courtesie, or tenent for terme of life, or for the life of another, doth alien in fee, or in tayle, or for tearme of anothers life. And it hath the name of this, for that the Clerkes of the Chauncerie did, by their common consent, frame it to the likenesse of the writ, called (In casu prouiso) accor∣ding to their authoritie giuen them by the Statute, Westm. 2. cap. 24. which, as often as there chanceth any new case in Chan∣cerie, something like to a former case, and yet not especially fit∣ted by any writ, licenceth them to lay their heads together, and to frame a new forme aunswera∣ble to the new case, and as like some former case as they may. And this writ is graunted to him in the reuersion, against the party to whom the said tenent so alienateth to his pre∣iudice, and in the life time of the said tenent. The forme and effect whereof reade more at large in Fitz. nat. br. fol. 206.

Casu proviso, is a writ of entry, giuen by the Statute of Gloce∣cester, cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life, or in taile, and lyeth for him in reuersion against the alienee. Whereof reade F〈…〉〈…〉. cat. br. more at large, fol. 205.

Catals (catalla) aliâs chatels, cō∣meth of the Normans. For in the 87. chapter of the grand Custu∣marie you shal find, that al moue∣able goods with them, are called chatels: the contrary whereof is (fief) ibid. which we do call fee. But as it is vsed in our common law, it comprehendeth all goods moueable and immoueable, but such as are in the nature of free hould, or parcell thereof, as may be gathered out of Sawnf. praero. ca. 16. and anno. Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla. fo. 32. saith, that ready mony is not accompted any goods or catels, nor haukes, nor houndes. The reason why hawks and hounds be not, he giueth, because they be (ferae naturae) why money is not, though he set not downe the cause: yet it may be gathered to be, for that money of it selfe, is not of worth, but as by cōsent of men, for their easier traficke, or per∣mutation of things necessary for common life, it is reckoned a thing rather consisting in ima∣gination, then in deede. Catals be either personall or reall. Per∣sonall may be so called in two respects: one, because they be∣long

immediatly to the person of a man, as a bowe, horse, &c. the other, for that being any way withheld iniuriously from vs, we haue no meanes to reco∣uer them, but by personall acti∣on. Chatels reall be such, as either appertain not immediatly to the person, but to some other thing, by way of dependencie: as a boxe with charters of land, the body of a ward, apples vpon a tree, or a tree it selfe growing on the ground. Cromptons Iustice of peace, fo. 33. B, or els such as are necessary issuing out of some immoveable thing to a person: as a lease or rent for tearme of yeares. Also to hould at will, is a chatell reall. New tearmes. ver∣bo Chatell. The ciuilians compre∣hend these things, as also lands of what kin de or hould so euer, vnder bona; bona autē diuiduntur in mobilia & immobilia: mobilia verò in ea quae se movent vel ab a∣liis moventur. v. legem. 49. &. l. 208 〈◊〉〈◊〉. de. verb. significa. & interpretes ibidem. Bract. also ca. 3. li. 3. nu. 3. & 4. seemeth to be of the same iudgement.

Catallis captis nomine districti∣onis, is a writ which lyeth with∣in a borowe, or within a house, for rent going out of the same, and warranteth a man to take the doores, windowes, or gates, by way of distresse, for the rent. Old nat. br. fo. 66.

Catallis reddendis, is a writ, which lyeth where goods being deliuered to any man to keepe vntill a certaine day, and be not vpon demande deliuered at the day. And it may be otherwise called a writ of detinew. See more of it in the Register orig. fo. 139. and in the ould nat. br. fo. 63. This is answerable to actio depositi, in the ciuile lawe.

Catchepolle, though it now be vsed as a word of contempt, yet in auncient times, it seemeth to haue bene vsed without re∣proch, for such as we now call sergeants of the mace, or any other that vse to arrest men vp∣on any cause. anno. 25. Ed. 3. stat. 4. ca. 2.

Cathedrall. See church.

Casu matrimonii praelocuti, is a writ which lyeth in case where a woman giueth lands to a man in fee simple, to the intent he shall mary her, and refuseth so to doe in reasonable time, be∣ing required thereunto by the woman. The forme, and farder vse hereof, learne in the Register orig. fol. 233. and in Fitzh. nat. br. fo. 205.

Causam nobis significes, is a writ which lyeth to a Mayer of a towne or city, &c. that for∣merly by the kings writ being commaunded to giue seisin vn∣to the kings grantee of any land or tenements, doth delay so to

do, willing him to shew cause, why he so delayeth the performance of his charge. Coke. li. 4. casu com∣munalty des Sadlers. fo. 55 b.

Cautione admittenda, is a writ that lyeth against the Bishop, houlding an excommunicate person in prison for his con∣tempt, notwithstanding that he offereth sufficient caution or as∣surance to obey the command∣ments and orders of holy church from thence forth: The forme and farder effect whereof, take out of the Regist. orig. pa. 66. and Fitzh. nat. br. fol. 63.

Century (centuria) See Hundred.

Cepi corpus, is a returne made by the Shyreue, that vpō an (exigēd) he hath taken the bodie of the partie. Fitzh nat. br. fo. 26.

Certiorari, is a writ issuing out the chauncerie, to an inferi∣our courte, to call vp the records of a cause therein depending, that conscionable iustice there∣in may be ministred, vpon com∣plaint made by bill, that the par∣tie which seeketh the said writ, hath receiued hard dealing in the said court. Termes of the lawe. See the diuers formes and vses of this, in Fitzh. nat. br. fo. 242. as also the Register, both originall and iudiciall in the tables. verbo. Certiorari. Cromptō in his Iustice of peace. fo 117. saith, that this writ is either returnable in the Kings bench, and then hath these wordes (nobis mittatis): or in the chauncerie, and then hath (in cancellaria nostra) or in the com∣mon bench, and then hath (Iu∣sticiariis nostris de banco.) The word (certiorare) is vsed diuers times in the digest of the ciuile lawe: but our later Kritiques think it soe barbarouse, that they suspect it rather to be foisted in by Tribonian, thē to be originally vsed by those men, of whose workes the saide digest is com∣piled. Prataeus in suo lexico.

Certificat (certificatoriū) is vsed for a wirting made in any courte, to giue notice to another courte of any thing done therein. As for example, a certificate of the cause of attainte, is a transcript made briefely and in few words, by the clerke of the Crowne, clerke of the peace, or clerke of assise, to the courte of the Kings benche, conteying the tenure and effect of everie endi∣ctment, outlawrie, or conviction, and clerke attained, made or pronounced in any other court. an. 34. H. 8. c. 14. Of this see more in Certificat d'evesque. Broke. f. 119.

Certification of assise of novel dissessin, &c. (Certificatio assisae novae disseisinae. &c.) is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices, and is called (certifi∣catione novae disseisine) Old. nat. br. fo. 181. Of this see also the Regi∣ster.

Original. fo. 200. and the newe booke of entrise, verbo. Certificat of assise. This word hath vse, where a man appearing by his bayliffe to an assise brought by another, hath lost the day: and hauing something more to pleade for himselfe, as a deede of release, &c. which the bayliffe did not, or might not pleade for him, desireth a farder examina∣tion of the cause either before the same Iustices, or others: and obteineth leters patents vnto them to that effect. (The forme of these leters patents, you may see in Fitzh. nat. br. fo. 181.) and that done, bringeth a writ to the Shyreeue, to call both the party for whome the assise passed, and the Iurie that was empaneled vpon the same, before the said Iustices at a cer∣taine day and place. And it is called a certificate, because in it there is mention made to the Shyreeue, that vpon the parties complainte of the defectiue ex∣amination, or doubts yet re∣maining vpon the assise passed, the King hath directed his leters patēts to the Iustices, for the be∣ter certifiing of themselues, whe∣ther all points of the said assise were duly examined, yea or not. See farder old. nat. br. and Fitzh. vbi supra. Of this also you may reade Bracton. li. 4. ca. 19. nu. 4. in fine. & 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices. li. 3. ea. finali. §. en eyde des memoyres, &c.

Certificando de recognitions Sta∣pulae, is a writte directed to the Mayor of the staple, &c. cōmaun∣ding him to certifie the chaun∣celer of a statute of the staple, taken before him betweene such and such, in case where the par∣tie himselfe detaineth it, and re∣fuseth to bring it in. Regist. orig. fo. 152. b. In like maner may be said of (certificando de sta∣tuto mercatorio) eodem. fo. 148. and (de certificando in cancellarium de inquisitione, de idemptitate nominis) fo. 195. and (certificando quando recognitio,) &c. and (certificando quid actum est de breui super statu∣tum mercatorium.) fo. 151 & certi∣ficando si loquela Warantiae. fo. 13.

Cessor, is he that ceseth or neglecteth so long to performe a dutie belonging vnto him, as that by his cesse or cessing he incurreth the daunger of lawe, and hath, or may haue the writ (cessavit) brought against him. Old. nat. br. fo. 136. And note, that where it is saide in diuers pla∣ces (the tenent cesseth) without any more words, such phrase is so to be vnderstood, as if it were said: the tenent ceseth to doo that which he ought, or is bound to doe by his land orte∣nement.

Cessavit, is a writ that, lyeth in diuers cases, as appeareth by Fitzh. nat. br. fo. 208. vpon this generall grounde, that he against whome it is brought, hath for 2. yeares foreslowne to performe such seruice, or to pay such rent, as he is tied vnto by his te∣nure, and hath not vpon his land or his tenement, sufficient goods or catells to be distreined. Consult more at large with Fitz. vpon this vbi supra. with Fleta. li. 5. ca. 34. §. visa sunt. and with the Termes of lawe. See Cessauit de cantaria. Register orig. fo. 238. Cessavit de feodi firma. eodem fo. 237. Cessavit per biennium. eodem. folio etiam eodem. See the newe booke of entrise. verbo Cessavit.

Cestui qui vie, is in true French (cestui a vie de qui). i. he for whose life any land or renement is graunted. Perkins graunts. 97.

Cestui qui vse (ille cuius vsui vel ad cuius vsum) is broken french, and thus may be bettered: (Ce∣stui al vse de qui) It is an ordinarie speech among our common lawyers, signifying him, to whose vse any other man is infeoffed in any lands or tenements. See the newe booke of entrise. ver∣bo. vses. and in Replevin. fo. 508. co∣lum. 3. & verbo Trespas. fo. 606. & fo. 123. a. b. colum. 3. n••. 7.

Chafe waxe, is an officer in chauncery, that fitteth the waxe for the fealing of the writs, and such other instruments as are there made to be sent out. This officer is borowed from the French. For there (calefa∣ctores cerae sunt, qui regiis literis in Cancellaria ceram imprimunt. Co∣rasius.

Chase (chacea) commeth of the French (chasser. 1. sectari bellu∣as, apros, cervos) It signifieth two things in the commō lawe. First, as much as (actus) in the civil lawe, that is a dryving of catell to or from any place: as to chase a distresse to a fortlet, Old nat. br. fo. 45. Secondly, it is vsed for a re∣ceite for deere and wilde beasts, of a middle nature betweene a forest, and a parke: being com∣monly lesse then a forest, and not endued with so many liber∣ties, as the courtes of attach∣ment, Swaine mote, and Iustice seate: and yet of a larger compas, and stored with greater diuersi∣ty both of keepers and wilde beasts or game, then a park. And Crompton in his booke of Iuris∣dictions. fo. 148. saith, that a fo∣rest cannot be in the hands of a subiect, but it forthwith loo∣seth the name, and becommeth a chase. and yet. fo. 197. he saith, that a subiect may be lord and owner of a forest. which though it seeme a contrariety, yet be both his sayings, in some sort, true. For the king may giue or ali∣enate a forest to a subiect: yet so,

as when it is once in the subiect, it leeseth the true property of a Forest: because that the courts, called the Iustice seate, the Swain mote, and Attachment, foorth∣with doe vanish: none be∣ing able to make a Lord chiefe Iustice in Eyre of the Forest, but the king: as M. Manwood well sheweth parte 2. of his Forest lawes, cap. 3. & 4. And yet it may be granted in so large a ma∣ner, that there may be Attache∣ment and Swainemote, and a court equiualent to a Iustice 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 subiect, which a Forest in his proper & true nature cannot: and from a Parke, in that that it is not inclosed, and hath not onely a larger compasse, and more store of game, but of Keepers also and ouerseers. See Forest.

Chalenge (calumnia) commeth of the French (chalanger, i. sibias∣serere) and is vsed in the commō lawe for an exception taken ei∣ther against persons or things: persons, as in assise to the Iurors, or any one or more of them: or in a case of felonie by the priso∣ner at the barre. Smith de rep. An∣glor. lib. 2. cap. 12. Britton. ca. 52. Bracton lib. 2. tract. 2. cap. 22. Against things, as a declaration, old nat. br. fol. 76. Chalenge made to the Iurours, is either made to the array, or to the polles. Chalenge to the array is, when the whole number is ex∣cepted against, as partially em∣paneled: chalenge to or by the polle, when some one, or more are excepted against, as not in∣different. Termes of the law. Cha∣lenge to the Iurours, is also divi∣ded into Chalenge principall, and Chalenge per cause. i. vp∣pon cause or reason. Chalenge principall (otherwise by Stawnf. pl. cor. fol. 157. & 158. called (peremptorie) is that, which the lawe alloweth without cause alledged or farder examination. Lamberd. Eirenar. lib. 4. cap. 14. as a prisoner at the barre, ar∣raigned vpon felonie, may per∣emptorily chalenge to the num∣ber of 20. one after another, of the Iurie empaneled vpon him, alledging no cause, but his owne dislike: and they shall be still put off, and new taken in their places. But in case of high trea∣son no Chalenge peremptorie is allowed, an. 33. H. 8. cap. 23. For∣tescue saith, that a prisoner in this case may chalenge, 35. men c. 27. but that law was abrid∣ged by anno 25. H. 8. cap. 3. I can∣not here omit to note some dif∣ference, that (in mine opinion) I obserue betweene Chalenge principall, and Chalenge per∣emptorie, finding peremptorie

to be vsed onely in maters cri∣minall, and barely without cause alledged more then the priso∣ners owne phantasie, Stawnf. pl. cor. fol. 124. but principall in ci∣uill actions for the most part, and with naming of some such cause of exception, as being found true, the lawe alloweth without farder scanning. For example: if either partie say, that one of the Iurors is the sonne, brother, cousin, or tenent to the other, or espoused his daughter, this is ex∣ception good and strong e∣nough (if it be true) without far∣der examination of the parties credit. And how farre this cha∣lenge vpon kinred reacheth, you haue a notable example, in Plowden, casu Vernon. against Ma∣ners. fol. 425. Also in the plee of the death of a man, and in euery action reall, as also euery action personall, where the debt or dammages amount to 40. merks, it is a good chalenge to any man, that he cannot dispend 40. shillings by the yeare of Free-hold, anno 11. H. 7. cap. 21. and Termes of the lawe, verbo Cha∣lenge. The ground of this cha∣lenge you may see farder in Fleta lib. 4. cap. 8. Chalenge vpon rea∣son or cause is, when the partie doth alledge some such excep∣tion against one or more of the Iurors, as is not forthwith suf∣ficient vpon acknowledgement of the truth thereof, but rather arbitrable and considerable by the rest of the Iurors: as, for ex∣ample: if the sonne of the Iuror haue maried or espoused the daughter of the aduerse partie. Termes of lawe, vbi supra. This chalenge per cause, seemeth to be tearmed by Kitchin, chalenge for fauour, fol. 92. or rather Cha∣lenge for fauour is said there to be one species of chalenge per cause: where you may read what chalenges be commonly ac∣counted principall, and what not. See the new booke of En∣tries, verbo, Chalenge. and the old nat. br. fol. 158. & 159. That this word (chalenge) is long sithence latined by the word (calumnia) appeareth by Bracton. lib. 3. tract. 2. cap. 18. & li. 4. tract. 3. cap. 6. & lib. 5. cap. 6. But I doubt, Pris∣cian will neuer forgiue him that first strooke this blowe at him. Of chalenge you may farder read Fleta. lib. 1. cap. 32. §. Ad quem diem, & seqq.

Chamberdekins, are Irish beg∣gers, anno 1. H. 5. cap. 8.

Chamberer, is vsed for a chamber maide, anno 33. H. 8. cap. 21.

Chamberlaine (camerarius vel camberlingus) commeth of the French (chambellan. i. cubicularius, vel praefectus cubiculi.) It is di∣versly vsed in our Chronicles, Lawes, and Statutes: as Lord

great Chamberlaine of England, Lord Chamberlain of the kings house, the kings Chamberlaine, anno 13. Ed. 1. cap. 41. anno 17. R. 2. cap. 6. to whose office it e∣specially appertaineth to looke to the kings chambers and wardrobe, and to gouerne the vnder ministers belonging vnto the same. Fleta lib. 2. cap. 6. & 7. Chamberlaine of any of the kings courts, anno 7. Ed. 6. cap. 1. Chamberlaine of the Exchequer, anno 51. H. 3. stat. 5. & anno. 10. Ed. 3. cap. 11. & anno 14. eiusdem. cap. 14. & anno 26. H. 8. cap. 2. Chamberlaine of north Wales, Stow. pag. 641. Chamberlaine of Chester. Cromptons iurisd. fol. 7. This Officer is commonly the receiuer of all rents and reuenues belonging to that person or citie, whereunto he is chamber∣laine. v. Fletam li. 2. cap. 70. §. Si autem. The Latine word see∣meth to expresse the function of this officer. For (camerarius dicitur à camera. i. testudine sive fornice.) quia custodit pecunias quae in cameris praecipuè reservantur. O∣nyphrius de interpret. vooum eccle∣siasticarum. It seemeth to be bo∣rowed from the Feudists, who define the word (camera) thus: Camera est locus in quem the saurus recolligitur, vel conclave in quo pe∣cunia reservatur. Zasius de feudis. part. 4. num. 7. and Peregrinus, de iure fisci. lib. 6. tit. 3. saith, that camerarius vel camberlingus, (quē quaestorem antiqui appellârunt,) in rebus fisci primum locum tenet, quia thesauraruis & custos est publicae pe∣cuniae. Sane officium hoc primipila∣tus fuisse nonnulli senserunt. There be two officers of this name in the kings Exchequer, who were wont to keepe a controlment of the pels of receipt and exitus, & kept certaine keyes of the trea∣sure cofers, which is not now in vse. They keepe the keyes of the Treasurie, where the leagues of the Kings predecessors, and di∣uers auncient bookes doe re∣maine. There is mention of this officer, in the Statute anno 34. & 35. H. 8. cap. 16. There be also vnder-chamberlaines of the Ex∣chequer, which see in Vnder-chamberlaine.

Champartie, (cambipartita) aliàs champertie, seemeth to come from the french (champart. 1. vecti∣gal) and signifieth, in our com∣mon lawe, a maintenance of any man in his suit depending, vpon condition to haue part of the thing (be it lands or goods) when it is recouered. Fitzh. nat. br. fo. 171. and champertours be they, that moue plees or suites, or cause to be moued, either by their owne procurement, or by other; and persyew at their pro∣per costs, for to haue part of the land in variance, or part of the gaines. anno. 33. Ed. 1. stat. 2. in

fine. Whereunto adde the third statut made the same yeare. This seemeth to haue bene an aunci∣ent fault in our realme. For not∣withstanding these former sta∣tutes, and a forme of writ fra∣med vnto them, yet anno. 4. Ed. 3. ca. 11. it was againe inacted, that whereas the former statute pro∣uided redresse for this in the kings bench onely (which in those dayes folowed the court) from thence forth it should be lawfull for Iustices of the com∣mon plees likewise, and Iustices of assises in their circuits, to in∣quire, heare, and determine this and such like cases, as well at the suite of the king, as of the party. How farre this writ exten∣deth, and the diuers formes ther∣of, applied to seuerall cases, see Fitzh. nat. br. fo. 171. and the Re∣gister orig. fo. 183. and the new booke of entrise. verbo. Champer∣tie. Euery champertie employeth maintenance. Cromptons iurisd fo. 39. See also his Iustice of peace. fo. 155. b. &c. These with the Ro∣mans were called redemptores li∣tium, qui sc. quotidianas lites mer∣cantur, aut quipartem litis pacis∣cuntur. l. si remunerandi. §. Mau∣rus. Π. Mandati. l. si contra. &. l. per diuersas. Co. eodem. 13.

Champion, (campio) is thus de∣fined by Hotoman, in verbis feu∣dalibus. Campio est certator pro alio datus in duello: a campo dictus, qui circus erat decertantibus definitus. In our common lawe, it is taken no lesse for him that trieth the combat in his owne case, then for him that fighteth in the place or quarell of another. Bracton li. 3. tracta. 2. ca. 21. nu. 4. who al∣so seemeth to vse this word for such, as hould by sergeanty, or some service, of another, as: cā∣piones faciunt homagium domino suo. li. 2. ca. 35. Of this reade more in Battell and Combat. 30.

Chanceler, (cancellarius) com∣meth of the french (chaneelier) Vincentius Lupanus de magistrati∣bus Francorum saith, that (can∣cellarius) is no latine word: how be it he citeth diuers latine wri∣ters that doe vse it. With him agreeth that excellent man Pe∣trus Pithaeus, libro. 2. aduersario∣rum. ca. 12. and whereas Lupanus would deriue it from the verb (cancello) Pithaeus confesseth, he hath good colour for his opini∣on, though he thinke it not sound; and therefore rather de∣duceth it (a cancellis). (Cancella∣re) is (literas vel scriptum linea per medium ducta damnare) and seemeth of it selfe likewise to be deriued (a cancellis) which signi∣fie all one with (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) in greeke, which we in our tong call a letis: that is, a thing made of woode or iron barrs laide crosse waies one ouer another, so that a man may see through

them in and out. And it is to be thought, that iudgement seates in ould time, were compassed in with those barres, being founde most necessary to defend the iudges and other officers from the presse of the multitude, and and yet neuer the more to hin∣der any mans view, that had a desire or cause to obserue what was done. Cancellarius at the first by the opinion of Lupanus, signified the registers or actua∣ries in court, (grapharios sc: qui conscribendis & excipiendis iudi∣cum actis dant operam) Pithaeus saith, they were such as we now call (Secretarios) But this name in our daies is greatly advanced, and not onely in other king∣domes, but in ours also, is giuen to him, that is the cheife man for mater of iustice (in priuate cau∣ses especially) next vnto the prince. For whereas all other Iustices in our common wealth, are tied to the lawe, and may not swerue from it in iudgement: the Chanceler hath in this the kings absolute power, to moderate and temper the written lawe, and subiecteth himselfe onely to the lawe of nature and con∣science, ordering all things iuxta aequum & bonum. And therefore Stawnford in his Prerogatiue. ca. 20. fo. 65. saith, that the Chance∣ler hath two powers: one abso∣lute, the other ordinary: mea∣ning that though by his ordinary power in some cases, he must obserue the forme of procee∣ding, as other ordinarie Iudges: yet that in his absolute power he is not limited by the written law, but by conscience and equitie, according to the circumstances of the mater in question. But how long he hath had this pow∣er, some would doubt. For Poli∣dorus Virgilius, lib. 9. historiae An∣glica. hath these words of Wil∣liam the Conqueror: Instituit item Scribarum Collegium, qui diploma∣ta scriberent, & eius Collegii magi∣strum vocabat Cancellarium, qui paulatim supremus factus est Ma∣gistratus, qualis hodie habetur. And see Fleta, lib. 2. cap. 13. This high Officer, seemeth to be derived from Fraunce vnto vs, as many other Officers and vsages be. For of this thus writeth Boërius in his Tractate De authoritat. Magni Concilii. num. 8. Consistorio Franciae post. Principem Dominus Franciae Cancellarius, cui velut excelsum iudicii tribunal hoc in regno (sub Principe tamen nostro) moderanti, sigillum{que} authenticum, quo sine pu∣blicis & patētibus regiis literis nul∣la fides adhibetur, liberam admini∣strationem habenti, omnes & singuli regii Iusticiarii, quocunque nomine nuncupentur, ac quavis authoritate fungantur, e•• inferiores sunt. Et meritò: Succedit enim in quaestoris locum, &c.

He that beareth this magistra∣cie, is called the Chanceler of England. anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power. Note farder that diuers inferior Offi∣cers, are called Chancelers, as Chanceler of the Exchequer. an. 25. H. 8. cap. 16. whose office hath bene thought by many, to haue bene created for the quali∣fying of extremities in the Ex∣chequer. He sitteth in the court, and in the Exchequer chamber, and with the rest of the court or∣dereth things to the kings best benefit: he is alwaies in cōmissi∣on with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes: and hath by priuie seale from the king, power with others to compound for forfei∣tures of bonds, and forfeitures vpon penall statutes. He hath al∣so much to doe in the reuenue come by the dissolution and first fruites, as appeareth by the acts of vniting them to the Crowne. Chanceler of the Duchie of Lā∣caster, anno 3. Ed 6. cap. 1. & an. 5. eiusdem. cap. 26. whose office is principall in that court to iudge and determine all contro∣uersies betweene the king and his tenents of the Duchie land, and otherwise to direct all the kings affaires belonging to that court. Chanceler of the Order. 1. of the Garter, Stowes annals pag. 706. Chanceler of the Vniversi∣ty, anno 9. H. 5. cap. 8. & anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations, anno 27. H. 8. cap. 27. & anno 32. e∣iusdem. cap. 20. & anno 33. eiusd. cap. 39. Chaunceler of the first fruites, anno 32. H. 8. cap. 45. Chaunceler of courts, anno 32. H. 8. cap. 28. Chaunceler of the Diocesse, anno 32. H. 8. cap. 15.

Chancerie (cancellaria) is the court of equitie and conscience, moderating the rigour of other courtes, that are more streightly tyed to the leter of the lawe, whereof the Lord Chancelor of England is the chiefe Iudge. Cromptons iurisd. fol. 41. or else the Lord Keeper of the great Seale, sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler, as M. Camden noteth in his Britannia, pag. 114. in meo. The Officers belonging to this court, are (as is abouesaid) the Lord Chaunceler or Keeper of the broade Seale, twelue Ma∣sters of the Chancerie, whereof the Master of the rolles is one and the chiefe, the sixe Clerkes, the Examiners, a Sergeant at armes, the Marshall, and cryer of the court, the clerks of the courts, otherwise called Courseters, the clerkes of the petie bagge, the clerke of the crowne, the

clerk of the hanaper, the proto∣notary or register, the controller of the hanaper, the clerk of ap∣peales, the sealer, the ch〈…〉〈…〉axe, the clerke of the facult〈…〉〈…〉 the clerk of the patents, clerk of the starre chamber, clerk of presen∣tations, clerk of dismissions, clerk of licenses to alienate, clerkes of the enrolments, clerk of the protections, clerk of the court of wards, clerk of the sub penaes, which see described in their places.

Chapell, (capella) commeth of the French (chapelle. i. aedicula) and is of 2. sorts, either adioining to a Church, as a parcel of the same, which men of worth doe build, vt ibidem familiaria sepulchra sibi constituant, to the vse of the Ro∣mans. l. 5. Π. de religio. or els se∣parate from the mother church, where the parish is wide, and is commonly called a chappell of case: because it is builded for the case of one or more parishi∣oners that dwell ouer farre from the Church, and is serued by some inferiour curate prouided at the charge of the rector, or of them that haue benifite by it, as the composition or cu∣stome is. Whence the word is deriued the Canonists differ in opinion. Rebuffus de pacif. posses. nu. 104. saying, that some take it (à capiendo laicot) others (à capra) because it representeth those cotages, which men were wont to couer ouer with goates skins. Petrus Gregorius in suo syntagma. te. li. 15. ca. 29. hath these words of this thing: Capellanus à capel∣lania & capella, cui praeficitur, nominatur: item ab officio seu be∣neficio & capellania. Capella ali∣quibus dicta, quasi capiens 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 seu populos, vel capiens laudem: vel se∣cundùm praepositum, a cappa Diui Martint, aut a capriuis pellibus, quibus olim altaria tegebantur se∣cundùm Archidiaconum. Arbitra∣rer & a simplici tecto, quo oratorium campestre operitur, lateribus vndi∣quaque patentibus & patulis. Te∣ctum enim Gallis simpliciter dicitur (chapelle) a capite. Vnde & forma∣ta aliqua nomina (chapean, cape, &c) Aut capella locus qui minoris spatii sit quam ecclesia, quòd tot ho∣mines non capiat, vt ecclesia. Ita altare capella est. ca. quaesitum, & ca. penult. i. quaest. 3. Iohan. Andraeas. in ca. i. de succes. ab intesta. & praebenda cum onere quotidie cele∣brandi sacram liturgiam. ca. signi∣ficatum. 11. de praebend & oratori∣um. ca. authoritate: de privilegiis. in 6. quòd in co loco orationes non aliae res profanae peragi debeant. ca. pen. & fina. 42. distinct. The same author in his booke de benefici∣is. ca. 11. nu. 10. hath these words: Dicti porro primitùs capellani, a cappa Sancti Martini, quam Reges Francorum ob adiutorium in praelus solebant secum habere: quam feren∣tes

& custodientes cum caeteris san∣ctorum reliquiis clerici, capellani cae∣perunt vocari. vr omnia refert Vala∣fridus Strabo. Abbas Augensis. ca. fina. de incrementis rerum ecclesi∣astica.

There is of these chapels one kinde called a free chapell, which seemeth to be such as hath maintenance perpetuall toward the vphoulding thereof, and wages of the curate, by some land charitablely bestowed on it, without the charge of the rector or parishe. anno. 37. H. 8. cap. 4. anno. 1. Ed. 6. ca. 14.

Chapellaine, (capellanus) is he that performeth diuine seruice in a chappell. and therefore in our common law, it is vsed most ordinarily for him, that is de∣pending vpon the king, or other man of worth, for the instruction of him and his family, the exe∣cuting of praiers and preaching in his priuate house, where com∣monly they haue a chappell for that purpose. as anno. 21. H. 8. ca. 13. where it is set downe what persons may priuiledge one or moe chaplaines, to discontinew from their benefices, for their particular seruice.

Chapiters, (capitula) commeth of the French (chapitre. 1. caput libri) It signifieth in our common lawe, a summary or content of such matters, as are to be inqui∣red of or presented before Iusti∣ces in Eyre, Iustices of assise, or of peace in their sessions. Soe is it vsed., anno. 3. Ed. 1. ca. 27. in these words: and that no clerke of any Iustice, Escheatour, or Commissioner in Eyre, shall take any thing for deliuering chapi∣ters, but onely clerkes of Iustices in their circuits: and againe anno. 13. eiusdem. ca. 10. in these words: and when the time commeth, the shyreeue shall certifie the chapiters before the Iustices in Eire, how many writs he hath and what &c. Britton likewise vseth the same worde in this signification. ca. 3. Chapiters or (capitula) be now called articles most ordinarily, and are deliue∣red as well by the mouth of the Iustice in his charge, as by the clerks in wrighting to the en∣quest; whereas in auncient times (as appeareth by Bracton and Britton) they were after an ex∣hortation giuen by the Iustices for the good obseruation of the lawes and kings peace, first red distinctly and opēly in the whole court, and then deliuered in writing to the grand enquest. And the same order doth M. Lamberd wish to be kept in these daies also. Eirenar. li. 4. ca. 4. pa. 393. Horn in his mirrour of Iustices calleth them articles, and expresseth what they were wont to containe. li. 3. ca. des. ar∣ticles in Eire. An exāple of these

chapters or articles, you haue in the booke of assises, fo. 138. nu. 44. as also in Roger Houeden, par∣te poster. suorum annal. in Richar∣do primo. fo. 423.

Chapter. (capitulum) signifieth in our common lawe (as in the canon lawe, whence it is bo∣rowed) congregationem clericorum in ecclesiae cathedrali, conuentuali, regulari, vel collegiata: and in a∣nother signification, locum in quo fiunt communes tractatus collegia∣torum. It hath other significati∣ons, though not greatly worth the repeating in this place, which you may read in Linwods prouineials. glos. in ca. quia in conti∣nētiae. de constitutionibus. verb. Capi∣tulis. Why this collegiat compa∣nie should be called (capitulum) of the canonists, a man may make a question: and for answer, it may be said, that it is meta∣phorically so termed the word originally signifiing a litle head. For this companie or corporati∣on is a kinde of head, not onely to rule and gouerne the dioces in the vacatiō of the Bishoprick, but also in many things to ad∣vise the Bishop, when the See is full. See Panormitan. in ca. ca∣pitulum. extra de rescriptis.

Charta perdonationis se defen∣dendo, is the forme of a pardon for slaying another in a mans owne defence. Register. original. fo. 287.

Chartae perdonationis vtlagariae, is the forme of a pardon for a man thatis outlawed. Reg. orig. fo. 288. 38••.

Charter (charta) commeth of the French (chartres. i. instrumen∣ta) It is taken in our lawe, for written evidence of things done betweene man and man, where∣of Bracton lib. 2. 〈◊〉〈◊〉 ca. 16. num. 1. saith thus: Fiunt aliquando do∣nationes in scriptis, sicut in char∣tis, ad perpetuam rei memoriam, propter brevem hominum vitam, &c. & a litle after: nu. 12. Et scien∣dum, quòd chartarū alia regia, alia privatorum; & regiarum alia pri∣vata, alia communis, & alia v∣niuersalis. Item priuatorum, alia de puro feoffamento & simplici, alia de feoffamento conditionali sive con∣ventionali: & secundùm omnia genera feoffamentorum fieri potest. Item privatorum alia de recognitio∣ne puravel conditionali. Item alia de quiete-clamantia: Item alia de confirmatione, &c. and so tho∣rough the chapter. Britton like∣wise in his 39. chapter, diui∣deth charters into the charters of the King, and charters of priuate persons. Charters of the King are those, whereby the King passeth any graunt to any person or more, or to any bodie politique: as a charter of ex∣emption that a man shall not be empaneled vpon any Iurie. Kit∣chin. fo. 114. & fo. 177. charter

of pardon, whereby a man is forgiuen a felonie, or other of∣fence committed against the Kings crowne and dignitie. Broke. tit. charter of pardon. Charter of the forest, wherein the lawes of the forest are com∣prised. anno. 9. H. 3. Cromptons Iurisd. fo. 〈◊〉〈◊〉 47. Pupilla oculi. parte. 5. ca. 22. Manwood. parte. 1. of his forest lawes. fo. i. where he setteth downe the charters of of Canutus. and fo. 17. where he hath set downe that which was made. anno 9. H. 3. with the char∣ter of the forest which we vse, M. Skene saith, that the lawes of the forest in Scotland doe agree. de verbo. signif. verbo. Venison. Charter of land. Broke. codem ti∣tulo. That which we call a charter, the Lombards in libris feu∣dalibus, call praeceptū (praeceptionem) Hotama. verbo praeceptū. in verbis feudalibus. Of these charters you haue also a long discourse in Fle∣ta. li. 3. ca. 14. who expoundeth euery substantiall part of a deede of gift particularly in or∣der.

Charter land, (terra per char∣tam) is such sa a man holdeth by charter, that is, by euidence in writing; otherwise called free-hold. anno 19. H. 7. ca. 13. and Kitchin. fo. 86. & these in the Sax∣ons time, were wont to be called (bockland) Idem. fo. 89. and Lam∣berd in his explication of Saxon words. verbo Terra ex scripto which was held, as he there saith, with more commodious & easier conditions, then (folkland) was: that is land held without writing. And the reason he gi∣ueth, because that was haeredita∣taria, libera, at{que} immunis: where∣as fundus sine scripto censum pensi∣tabat annuum, at{que} officiorum qua∣dam servitute est obligatus. Priorēvi∣riplerun{que} nobiles atque ingenui, po∣steriorem rustici ferè & pagani pos∣sidebant. Illam nos vulgò freehold & per chartam, hanc ad voluntatem domini appellamus. Thus farre M. Lamberd.

Charter partie (charta partita) is nothing but that which we call a paire of indentures, conteining the covenants and agreements made betweene merchants, or sea faring men touching their marine affaires. anno 32. H. 8. cap. 14.

Chartis reddendis, is a writ, which lyeth against him that hath charters of feofment deli∣uered him to be kept, and refu∣seth to deliuer them. old. nat. br. fo. 66. Register orig. fo. 159.

Chase. See Chace.

Chatell. See Catell.

Chawnce medley (Infortuni∣um) commeth of 2. french words (chance. i. lapsus) and (mesler. i. mis∣cere) It signifieth in our common lawe, the casuall slaughter of a man, not altogether without

the fault of the slayer. Stawnf. pl. cor. li. 1. ca. 8. calleth it homici∣de by misaduenture, West. calleth it homicide mixt. parte. 2. symbol. ti∣tulo Indictments. sect. 50. and there defineth it thus: Homicide mixt is, when the killers ignorance or negligence is ioyned with the chaunce: as if a man loppe trees by an high way side, by which many vsually trauell, and cast doune a bowe, not giuing war∣ning to take heede thereof, by which bowe one passing by is slaine: In which case he offend∣eth, because he gaue noe war∣ning, that the party might haue taken heede to himselfe. See Skene de verbo: signifi. verbo Mel∣letum.

Chaungeour, is an officer belon∣ging to the Kings mint, whose function seemeth especially to consist, in exchanging coine for gold or siluer in the masse, brought in by merchants or o∣thers. anno 2. H. 6. ca. 12.

Chawntery, (cantaria) is a Church or chapell endewed with lands or other yearely re∣venewe, for the mantenance of one or moe priests, daily to sing masse for the soules of the do∣nours, and such others, as they doe appointe. anno 37. H. 8. ca. 4. anno 1. Fd. 6. ca. 14.

Check rolle, seemeth to be a rolle or booke, that conteineth the names of such, as are atten∣dants and in pay to great per∣sonages, as their houshold ser∣vants. It is otherwise called the chequer rolle. anno 24. H. 8. ca. 13. anno 3. H. 7. ca. 13. & see∣meeth to haue one etymologie with eschequer. Which see.

Chevage, (cheuagium) com∣meth of the French (chef. i. caput) It signifieth with vs, a summe of money paid by villeins to their Lords, in acknowledgment of their slauerie. Whereof Bracton li. 1. ca. 10. saith thus: chevagium dicitur recognitio in signum subie∣ctionis & dominij de capite suo. It seemeth also to be vsed, for a summe of a mony, yearely giuen by a man to another of might & power, for his avowement, maintenance, and protection, as to their head or leader. M. Lam∣berds li. 2. ca. 5. etrenarch. wri∣teth it (chivage) or rather (chiefage)

Chevisance, commeth of the French (chevir. i. venir a chef de de quelque chose) to come to the head or end of a busines, to per∣fect a mater. This word is vsed for bargayning. anno 37. H. 8. ca. 9. & anno. 13. Eliza. ca. 5. & 8. an. 10. R. 2. cap. 1. & anno 3. H. 7. cap. 5.

Chief. See Capite.

Chiefe pledge (plegius, vel vas capitalis) an. 20. H. 6. ca. 8. For the vnderstanding of this word, See Borowhead.

Childwit, commeth of the Saxon word (child), and (wit) which some say, in that tongue, is a terminatiō of certain words without signification, as (dom) in (christendom) or (hood) in (childehood) with vs. But for the signification of (wit) see Bloodwit) Childwit signifieth a power to to take a fine of your bondwo∣man begotten with child with∣out your consent. Rastall. exposit. of words.

Chimin, (chiminus) commeth from the French (chemin. i. aditus, via) and signifieth in our com∣mon lawe, a way. It is diuided into two sorts: the Kings high way, and a priuate way. Kitchin. fo. 35. The Kings highe way (chi∣minus regius) is that, by which the Kings subiects, and all others vnder his protection, haue free libertie to passe, though the pro∣pertie of the soyle of each side, where the way lieth, may per∣haps belong to some priuate man. A way priuate is that, by which one man or more haue li∣bertie to passe, either by pre∣scription or by charter, through another mans ground. And this is diuided into chymin in grosse, and chymin appendant. Kitchin. fo. 177. Chymin in grosse is that way, which a man holdeth prin∣cipally and solely in it selfe: chi∣min apendant is that, which a man hath adioyned to some o∣ther thing as appertinent thereū∣to. For example, if a man hire a close or pasture, and couenāt for ingresse and egresse to and from the said close, through some other ground, by the which o∣therwise he cannot passe. Or chimin in grosse may be that, which the Civilians call perso∣nall: as when one covenanteth for a way through another mans ground, for himselfe and his heires: chimin appendant, on the otherside, may be that which they call reall: as when a man purchaseth a way through ano∣ther mansground, for such as doe or shall dwell in this or that house for euer, or be owners of such a maner.

Chiminage, (chiminagium) sig∣nifieth a tolle for wayfarage thorough the forest. Cromptons. Iurisd. fo. 189. and Manwood. far∣te. 1. of his forest lawes. pa. 86. See Chimin. The Feudists call it, pedagium. See Chimin.

Chirographer of fynes (chiro∣graphus finium & concordiarum) commeth of the greeke (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) which signifieth a wrigh∣ting of a mans owne hand, whereby he acknowledgeth a dept to another. It signifieth in our common lawe, him in the common bench office, that in∣grosseth fines in that court ac∣knowledged, into a perpetuall record, after they be acknow∣ledged,

and fully passed by those officers, by whome they are for∣merly examined; and that wri∣teth and deliuereth the inden∣tures of them vnto the party anno. 2. H. 3. ca. 8. and. West Symbol: parte. 2. titulo. fines. sect. 114. & 129. Fitzh. nat. br. fo. 147. A. This officer also maketh two indentures, one for the bui∣er, another for the seller; and maketh one other indented peece, containing also the effect of the fine, which he deliuereth ouer to the custos breuium, that is called the foote of the fine. The Chirographer also, or his debuty, doth proclaime all the fines in the court euery tearme, accor∣ding to the Statute; and then repayring to the office of the custos breuium, there indorseth the proclamations vpō the back∣side of the foot thereof: and al∣waie keepeth the writ of coue∣nant, as also the note of the fine.

Chivage. See Chevage.

Chivalrie, (servitium militare) commeth of the French (cheva∣lier. i. eques) and signifieth in our common lawe, a tenure of land by knights seruice. For the better vnderstanding whereof, it is to be knowne, that there is noe land, but is holden mediatly or immediatly of the Crowne, by some seruice or other: and ther∣fore are all our free-houlds that are to vs and our heires, called (feuda) feese, as proceeding frō the benefit of the King, for some small yearely rent, and the per∣formance of such seruices, as ori∣ginally were laid vpon the land at the donation thereof. For as the king gaue to the great No∣bles his immediat tenents, large possessions for euer, to hold of him for this or that rent and ser∣uice: so they againe in time par∣celled out to such as they liked, their lands so receiued of the kings bountie, for rents and ser∣uices, as they thought good. And these seruices are all by Litleton diuided into two sorts chivalry, and socage. The one is martiall and military, the other clownish and rusticall. Chivalrie therefore is a tenure or seruice, whereby the tenent is bound to performe some noble or military office vn∣to his Lord, and is of two sorts: either regall, that is, such as may hold onely of the king: or such as may also hold of a common person, as well as of the king. That which may hold onely of the King, is properly called servitium, or sergeantia: and is a∣gaine diuided into grand or petit, i. great or small. Great, common∣ly called grand sergeantie, is that where one holdeth lands of the King by seruice, which hee ought to doe in his own person vnto him as to beare the kings

baner or his speare, or to leade his hoast, or to be his Mar∣shall, or to blow a horne, when he seeth his enemies inuade the land, or to find a man at armes to fight within the foure Sease, or else to do it himselfe, or to beare the kings sword before him at his coronation, or at that day to be his sewer, caruer, but∣ler, or chamberlaine. Litleton tit. Sergeantie. Petit Sergeantie, is where a man holdeth land of the king, to yeeld him yearely some small thing toward his warres, as a sword, dagger, bowe, knife, speare, paire of gloues of maile, a paire of spurs, or such like. Litleton. titulo petit Sergeanty. Chivalry, that may hould of a common person as well as of the king, is called (scutagium) escuage, that is ser∣uice of the shield. And this is ei∣ther vncertaine or certaine. Escu∣age vncertaine is likewise two-fold: first, where the tenent by his tenure, is bounde to follow his lord going in person to the kings wars against his enemies, either him selfe, or to send a suf∣ficient man in his place, there to be maintained at his cost so ma∣ny daies, as were agreed vpon betweene the lord and his first tenent at the graunting of the see. And the daies of such seruice seeme to haue bene rated by the quantity of the land so houlden: as if it extend to a whole knights fee, then the tenent was bounde thus to follow his lord fourty dayes. And a knights fee, was so much land, as in those dayes was accoumpted a sufficient liuing for a knight: and that was 680 acres, as some opinion is, or 800 as others thinke: or 15 pounds per annum. Camdens Brittan. pa. 110. in meo. S. Thomas Smyth say∣eth, that census equestris is 40. poundes reuenew in free lands. If the law extend but to halfe a knights fee, then the tenent is bounde to follow his lord, as a∣boue is said, but twenty dayes. If to a fourth part, then ten daies. Fitzh. nat. br. fo. 83. C. & 84. C. E. The other kinde of this escuage vncertaine is called castelward: where the tenent by his land is bound, either by him selfe, or by some other, to defend a castell, as often as it shall come to his course. Escuage certaine, is where the tenent is set at a cer∣taine summe of money, to be paide in lieu of such vncertaine seruice, as that a man shall yere∣ly pay for a Knights Fee, 20. shillings, Stow annal. pag. 238. for halfe a Knights Fee, tenne shillings, or some like rate. And this seruice, because it is drawne to a certaine rent, groweth to be of a mixt nature: not meerely socage, for that it smelleth not of the plough, and yet so cage in

effect: being now neither perso∣nall seruice, nor vncertaine, Li∣tleton, titulo Secage. This tenure called chiualry, hath other con∣ditions annexed vnto it; as ho∣mage, fealty, wardship, reliefe, and mariage. Bracton. li. 2. ca. 35. which what they signifie, looke in their places. Chilualry is either generall or especiall. Dier. fo. 161. nu. 47. Generall seemeth to be, where only it is said in the feofment, that the te∣nent houldeth per seruitium mili∣tare, without any specification of sergeanty, escuage, &c. Speci∣all, that which is declared parti∣cularly what kinde of knights seruice he houldeth by.

Chorall, (choralis) seemeth to be any that by vertue of any of the orders of Clergie, was in auncient time admitted, to sit and serue God in the Quier, which in Latine is tearmed Chorus.

Chose, (res) is the French word as generall as (thing) is with vs. It is in the common lawe, vsed with diuers epithites wor∣thie the interpretation: as, cho∣se locall, is such a thing as is an∣nexed to a place. For exam∣ple: a mill is chose locall, Kitchin fol. 18. Chose transito∣rie, in the same place seemeth to bee that thing which is moueable, and may be taken away, or caried from place to place. Chose in action, is a thing incorporeall, and onely a right: as an annuitie, an ob∣ligation of debt, a couenant, or vowcher by warrantie. Broke titulo. Chose in action. And it see∣meth, that chose in action, may be also called chose in suspence, because it hath no reall exi∣stence or being, neither can be properly sayde to bee in our possession. Broke ibid.

Churchwardens (Ecclesiarum gardiani) be Officers yearely chosen, by the consent of the Minister and parishioners, ac∣cording to the custome of euery seuerall place, to looke to the church, church-yard, and such things, as belong to both, and to obserue the beha∣uiours of their parishioners for such faults as appertaine to the iurisdiction or censure of the court ecclesiasticall. These be a kind of corporation, inabled by lawe, to sue for any thing belon∣ging to their church, or poore of their parish. See Lamberd in his pamphlet of the duty of Church∣wardens.

Churchesset, is a word that I find in Fleta. lib. 1. cap. 47 in fine. whereof he thus writeth: Certam mensuram bladi tritici significat, quam quilibet olim sanctae Ecclesiae die Sancti Martini tēpore tam Bri∣tonum quàm Anglorum contribue∣runt. Plures tamen magnates, post

Romanorum adventum, illam con∣tributionem secundum veterem le∣gem Moysi nomine primitiarum da∣bant: prout in brevi regis Knuti, ad summum Pontificem transmisso, con∣tinetur, in quo illam contributionem, (chirchsed) appellant, quasi semen Ecclesiae.

Cinamom (cinamomum) is a tree, whereof the barke is knowne to be a pleasant, comfortable, and medicinall spice, which you haue described in Gerards Herball. lib. 3 cap. 142. This is reckoned among garbleable spices, an. 1. Iac. cap. 19.

Cinque portes (quinque portus) be those speciall hauens, that lye to∣ward Fraunce, and therfore haue bene thought by our kings, from time to time, to be such as ought most vigilantly to be obserued a∣gainst invasion. In which respect, the places where they be, haue an especiall gouernor or keeper, called by his office Lord War∣den of the Cinque ports: and di∣vers priuiledges graunted vnto them, as a particular iurisdiction, their Warden hauing the autho∣ritie of an Admirall among them, and sending out writs in his owne name. Crompton in his Iurisdictions, fol. 28. nameth the Cinque ports, Douer, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe: whereof some, because the number exceedeth fiue, must either be added to the first insti∣tution, by some later graunt, or be accompted as appendents to some of the rest. See Gardein of the Cinque ports: and the Statute anno 32. H. 8. cap. 48.

Circuit of action, (circuitus a∣ctionis) is a longer course of pro∣ceeding, to recouer the thing sued for, then is needfull. See the new Tearmes of lawe.

Circumstantibus, is a word of art, signifying the supply or ma∣king vp of the number of Iurors, (if any empaneled appeare not, or appearing, be chalenged by either partie) by adding vnto them so many other of those that are present or standing by, as will serue the turne, v. ann. 35. H. 8. cap. 6. and anno 5. Elizab. cap. 25.

Citie (civitas) commeth of the French (citè) and signifieth with vs, as it doth in other regions, such a towne corporate, as hath a Bishop and a cathe∣drall church. For Lucas de Pen∣na lege vnica, tituli, De Me∣tropol. Beryto. ti. 21. lib. 10. Cod. hath these words: Idem locus, vrbs, civitas, & oppidum appeliatur. (Pro quo est etiam infra. De spectaculis. l. Nemo.) Civitas enim dicitur, quatenus cum iustitia & magistratuum ordine gubernatur, oppidum, quae∣tenus est ibi copia incolarum: & vrbs, quatenus muris debito more cingitur. Proprie autem

dicitur civitas, quae habet Episcopū. Supra de Episcop. & Cleri. l. Nul∣li. Aliâs dicitur generaliter omnis habitatio plurimorum, quae muro cingitur. Π. de verb. signif. lib. 2. & de penu lega. l. Nam quod. §. St ita. Sed stricte loquendo, si Episcopo ca∣ret, dicitur vrbs. Π. de verb. signif. l. Pupillus. §. Oppidum, &c. Yet M. Crompton in his Iurisdictions, where he reckoneth vp the ci∣ties, leaueth out Elye, though it haue a bishop and a cathedrall Church, and putteth in Westmin∣ster, though now it haue no bi∣shop. And anno 35. Eliza. ca. 6. Westminster is called a citie, anno 27. eiusd. cap. 5. Of the Statutes not printed, it is alternatiuely tearmed a citie or borow. It appeareth by the Statute, 35. H. 8 cap. 10. that then there was a bishop of Westminster. Civitas, according to Aristotle, lib. 3. politicorum. ca. pri. is defined to be a certaine or vniforme gouern∣ment of the inhabitants. & Cae∣sar ciuitatem vocat populum eodem iure vtentem. Camd. Brittan. pa. 310. But this is the generall de∣finition of a common wealth, and not of a city, at the least, as we now a daies particularly take it. For ouer and beside that which is aboue saide, Cassanaeus in consuetudi. Burg. pa. 15. saith, that France hath within the teri∣tories of it, 104. cities, and gi∣ueth reason of this his saying, because there be there so many seates of Archbishops and bishops.

Clack, as to clack, force, and bard, alias, beard good wools. anno. 8. H. 6. ca. 22. whereof the first, viz. to clack wooll, is to cut of the sheepes marke, which ma∣keth it to waigh lesse, and so yeld the lesse custome to the king, to force wooll, is to clip of the vp∣per and more heary part of it, to bard or beard it, is to cut the head and necke from the rest of the fleece.

Clamea admittenda in itinere per Atturnatum, is a writ whereby the king commandeth the Iusti∣ces in eyre to admitte of ones claime by Atturney, that is em∣ployed in the kings seruice, and cannot come in his owne per∣son. Regist. orig. fol. 19. b.

Clayme (clameum) is a cha∣lenge of interest in any thing that is in the possession of ano∣ther, or at the least out of his owne: as, claime by charter, clayme by descent, old nat. br. fol. 11. Si dominus infra annum cla∣meum qualitercunque apposuerit: Bracton. lib. 1. cap. 10. See the de∣finition & diuers sorts of claime in Plowden. Casu Stowel. fol. 359. a.

Clarentius. See Herald.

Clorgie (clerus, clericatus) is di∣uersly taken: sometime for the whole number of those, that are

de Clero domini) of the Lords lot or share, as the tribe of Leuy. was in Iudaea: some time for a plee to an indictment, or an ap∣peale, and is by Stawnf. pl. cor. li. 2. ca. 41. thus defined. Clergie is an auncient liberty of the church, which hath bene confirmed by diuers parlaments, and is, when a priest, or one within orders, is arraigned of felony, before a se∣culer iudge, he may pray his clergie. which is as much, as if he prayed to be deliuered to his ordinarie, to purge him selfe of the offence obiected. And this might be done in case of murder. Coke. li. 4. fo. 46. a. This liberty is mentioned in articulis cleri. anno. 9. Ed. 2. ca. 16. and what persons might haue their clergy, and what not, see Stawnf. pl. cor. li. 2. ca. 42. & 43. Howbeit there be many statuts made si∣thence he writ that booke, wher∣by the benefite of clergy is a∣bridged. as anno. 8. El. ca. 4. anno. 14. eiusdem. ca. 5. anno. 18. eiusd. cap. 4. 6. 7. & anno 23. eiusd. cap. 2. a. 29. eiusd. c. 2. anno 31. eiusd. ca. 12. a. 39. eiusd. ca. 9. & ca. 15. Of this see Cromptons Iustice of peace, fo. 102. 103. 104. 105. and Lamberds Eirenarcha. li. 4. ca. 14. pa. 543. And note by the way, that the auncient course of the law in this point of clergy, is much altered. For by the sta∣tute anno. 18. Eliza. ca. 7. clerks be no more deliuered to their ordinaries to be purged, but now euery man, though not within orders, is put to reade at the barre, being founde guilty, and conuicted of such felonie as this benefit is still granted for: and so burnt in the hand and set free for the first time, if the ordi∣naries commissioner or depute standing by do say: (legit vt cle∣ricus) or otherwise suffereth death for his transgression.

Clerico addmittendo, is a writ directed to the bishop, for the admitting of a clerk to a bene∣fice vpon a (Ne admittas) tryed & founde for the party that procu∣reth the writ. Regist. orig. fo. 31. 6.

Clerico captoper statutū merca∣torum, &c. is a writ for the deli∣uery of a clerk out of prison, that is imprisoned vpon the breach of a statut merchant. Re∣gister orig. fo. 147.

Clerico conuicto commisso gaolae in defectu ordinarii deliberando, &c. is a writ for the deliuery of a clerk to his ordinary, that for∣merly was conuicted of felony, by reason his ordinary did not chalenge him according to the priuiledge of clerks. Register. o∣rig. fo. 69. a.

Clerico infra sacros ordines con∣stituto non elegendo in officium, is a writ directed to the bay lifs, &c. that haue thrust a bayliwick or bedelship vpō one in holy orders, charging them to release him a∣gaine.

Register orig. fo. 187. b.

Clerk (clericus) hath two sig∣nifications: one, as it is the title of him, that belongeth to the ho∣ly ministery of the church, that is (in these daies) either minister, or deacon, of what other degree or dignity soeuer: though according to former times, not only sacerdotes & diaconi, but al∣so, subdiaconi, cantores, acolyti, exorcistae, & ostiarii were within this accoumpt, as they be at this daye, where the canon law hath full power. And in this significa∣tion, a clerk is either relegious (otherwise called regular) or se∣cular. anno. 4. H. 4. ca. 12. The other signification of this word, noteth those, that by their functi∣on or course of life, practise their penne in any court or o∣ther wise; as namely, the clerk of the rolles of parliament, clerks of the Chancery, and such like, whose peculiar offices I purpose to set downe in order, according to that knowledge that I could procure of them.

Clerke of the parlament rolles, (clericus rotulorum Parlamenti) is he that recordeth all things done in the high court of Parla∣ment, and engrosseth them fairely into parhement rolles, for their better keeping to all poste∣ritie. Of these there be two, one of the higher, another of the lower or common house, Cromp∣tons Iurisd. fol. 4. & 8. Smith de rep. Anglor. pag. 38. See also Vo∣wels booke touching the order of the Parlament.

Clerke of the crowne in the chā∣cerie (clericus Coronae in Cancella∣ria) is an officer there, that by himselfe or his deputie, is conti∣nually to attend the Lord Chan∣celer, or Lord Keeper, for spe∣ciall matters of estate by com∣mission, or the like, either imme∣diatly from his maiestie, or by order of his priuy councell, as well ordinary as extraordinary. viz. commissions of lieuetenan∣cies, of Iustices errant, and of as∣sises, of oyer and terrainer, of gaol deliuery, of the peace, and such like, with their writs of as∣sociation, and dedimus potestatem, for taking of oathes. Also all generall pardons vpon graunts of them at the kings coronation, or at a parlament, where he sit∣teth in the higher house at the Parlament time; the writs of parlament, with the names of knights and burgesses, which be to be returned into his office. He hath also the making of all speciall pardons, and writs of ex∣ecution, vpon bonds of statute of the Staple forfeited: which was annexed to his office in the raigne of Queene Mary, in con∣sideration of his continuall and chargeable attendance: both these before being common

for euery coursitour, and clerk of court to make.

Clerk of the Crowne (clericus Coronae) is a clerk or officer in the Kings bench, whose function is to frame, reade, and record all indictments against traitours, felons, and other offenders there arraigned vpon any pub∣lique crime. He is otherwise ter∣med Clerke of the Crowne of∣fice. And anno. 2. H. 4. ca. 10. he is called clerk of the crowne of the kings bench.

Clerk of the extreates (clericus extractorum) is a clerk belonging to the exchequer, who termely receiueth the extreats out of the Lord treasurers remembrancer his office, and writeth them out to be levied for the king. He also maketh ceduls of such summes extreated, as are to be dischar∣ged.

Clerk of assise (clericus assisae) is he, that writeth all things iudici∣ally done by the Iustices of assise in their circuits. Cromptons Iu∣risd. fo. 227.

Clerke of the pele (clericus pel∣lis) is a clerk belonging to the exchequer, whose office is, to en∣ter euery tellers bille into a parchement rolle called (pellis receptorum) and also to make a∣nother rolle of paiments, which is called (pellis exituum) where in he setteth downe, by what war∣rent the monie was paid.

Clerk of the warrants (clericus warrantorum) is an officer belon∣ging to the court of common plees, which entreth all warrants of atturney for plantiffe and de∣fendant, and enrolleth all deedes of indentures of bargaine and sale, which are acknowledged in the court, or before any iud∣ges out of the court. And he doth extreate into the exche∣quer, all issues, fines, and amerce∣ments, which growe due to the king any way in that court, and hath a standing fee of ten pound of the king, for making the same extreats. See Fitzh. nat. br. fo. 76. in prin.

Clerk of the petit bagge (clericus parvae bagiae) is an officer of the chawncerie, of which sort there be three, and the master of the Roles their cheife. Their office is to record the returne of all in∣quisitions out of euerie shire, all liveries granted in the courte of wardes, all ouster les mains, to make all patents of customers, gawgers, controllers, and aulne∣gers, all conge d' eslires for Bi∣shops, all liberateis vpon extents of statute staples, the recouerie of Recognisances forfeited, and all Elegits vpon them, the summons of the nobilitie, clergie, and bur∣geses to the Parlament; commis∣sions directed to knights and o∣ther of euery shire for seassing of the subsidies. Writs for the

nominations of collectours for the fiftenthes, and all traverses vpon any office, bille or other∣wise, and to recieue the money due to the king for the same. This officer is mentioned. anno 33. H. 8. ca. 22.

Clerk of the Kings great ward∣robe (clericus magnae garderobae regis) is an officer of the Kings house, that keepeth an account or Inventarie in writing, of all things belonging to the kings wardrobe. This officer is mentio∣ned. anno 1. Ed. 4. ca. 1.

Clerk of the market (clericus merketi) is an officer of the kings house. anno 1. Ed. 4. cap. 1. & anno 13. R. 2. ca. 4. whose dutie is to take charge of the kings measures, and to keepe the stan∣dards of them, (that is) the ex∣amples of all the measures that ought to be through the land: as of elns, yards, lagens, as quarts, pottels, gallons, &c. of weights, bushels, and such like, and to see, that all measures in euerie place, be answerable vnto the said standard, Fleta. li. 2. ca. 8. 9. 10. 11. 12. of which office, as also of our diuersitie of weights and measures, you may there finde a treatise worth the reading. Brit∣ton also in his 30. chapter saith in the Kings person, to this effect: we will that none haue measures in the realme but we our selues: but that every man take his mea∣sures and weights from our stan∣dards: and so goeth on with a tractat of this mater, that well sheweth the auncient law and practise in this poynt. Touching this officers dutie, you haue also a good statut. anno 13. R. 2. cap. 4.

Clerk of the Kings siluer (cleri∣cus argenti Regis) is an officer be∣longing to the court of com∣mon plees, vnto whome euerie fine is brought, after it hath beene with the custos brevium, and by whome the effect of the writ of couenant is entred into a paper booke; and according to that note, all the fines of that terme are also recorded in the rolles of the court. And his entrie is in this forme: He putteth the Shire ouer the margen, and then saith. A. B. dat domino regi dimi∣diam merkam (or more, accor∣ding to the value) pro licentia con∣cordandi. C. cum C. D. pro talibus terris, in tali villa, & habet chiro∣graphum per pacem admissum &c.

Clerk of the peace (clericus pacis,) is an officer belonging to the sessions of the peace: His du∣tie is, in the sessions to reade the endictments, to enrolle the acts, and drawe the proces: to record the proclamations of rates for servants wages, to enrolle the discharge of apprentices, to keepe the counterpaine of the indenture of armour, to keepe

the register booke of licences, giuen to badgers and laders of corne, & of those that are licen∣sed to shoote in guns, & to certify into the kings bench transcripts of indictments, outlawries, at∣tainders, and convictions had before the Iustices of the peace, within the time limited by sta∣tute. Lamberds eirenarcha. li. 4. ca. 3. fo. 379.

Clerk of the signet (clericus signetti) is an officer attendant continually on his maiesties principall secretary, who alwaies hath the custodie of the priuie signet, as well for sealing his ma∣iesties priuate leters, as also such graunts as passe his maiesties hands by bill assigned. Of these there be fower that attend in their course, and haue their diet at the Secretaries table. More largely you may reade of their office, in the statute made anno 27. H. 8. ca. 11.

Clerk of the priuie seale (cleri∣cus priuati sigilli) is an officer (whereof there be foure in num∣ber) that attendeth the Lord keeper of the priuie seale, or if there be none such, vpon the principal Secretarie, writing and making out all things that be sent by warrant from the sig∣net to the priuie seale, and are to be passed to the great seale: as al∣so to make out (as they are tear∣med) privie seales, vpon any especiall occasion of his maie∣sties affaires; as for loane of mo∣ny, or such like. Of this officer, and his function, you may read the statute anno. 27. H. 8. ca. 11. He that is in these daies called the Lord keeper of the privie seale, seemeth in auncient time to haue beene called clerke of the priuie seale, and to haue beene recko∣ned in the number of the great officers of the realme. Read the statute. anno. 12. R. 2. ca. 11.

Clerk of the Iuries or iurata writs (clericus iuratorum) is an of∣ficer belonging to the court of the common plees, which ma∣keth out the writs called (habeas corpora) and (distringas) for ap∣pearance of the Iurie, either in court or at the assises, after that the Iurie or panell is returned vpō the (venire facias). He entreth also into the rols the awarding of these writs, and maketh all the continuance from the going out of the (habeas corpora) vntill the verdict be giuen.

Clerk of the pipe (clericus pipae) is an officer in the kings exche∣quer, who hauing all accounts and debts due to the king de∣livered and drawne downe out of the Remembrancers offices, chargeth them downe into the great rolle: who also writeth sū∣mons to the Shyreeue, to levie the said debts vpon the goods and catels of the deptors: and if

they haue no goods, then doth he drawe them downe to the L. treasurers remembrancer, to write extreats against their lands. The awncient revenew of the Crowne, remaineth in charge a∣fore him, & he seeth the same an∣swered by the fermers & shy∣reeues to the King. He maketh a charge to al Shyreeues of their summons of the pipe and green∣wax, and seeth it answered vp∣on their accompts. He hath the drawing and ingrossing of all leases of the Kings land.

Clerk of the hamper or hanaper (clericus hanaperij) is an officer in chawncerie, anno 2. Fd. 4. ca. 1. otherwise called warden of the hamper, in the same statute, whose functiō is, to receiue al the mony due to the kings maiestie, for the seales of charters, patēts, commissions, and writs, as also feese due to the officers for enrolling & examining the same, with such like. He is tied to attendance on the lord Chan∣celer, or lord keeper, daily in the terme time, and at all times of sealing: hauing with him leather bags, wherein are put all char∣ters, &c. after they be sealed by the Lord Chanceler, and those bags being sealed vp with the lord Chancelers priuate seale, are to be deliuered to the control∣ler of the hanaper, who vpon re∣ceipt of them, doth as you shall reade in his office. This hanaper representeth a shadowe of that which the Romanes termed (fiscum) that conteined the Em∣perours treasure.

Clerk of the plees (clericus pla∣citorum) is an officer in the ex∣chequer, in whose office all the officers of the court (vpon espe∣ciall priuiledge belonging vnto them) ought to siew or be siewed vpon any action.

Clerk of the treasurie (clericus thesaurariae) is an officer belon∣ging to the common plees, who hath the charge of keeping the records of the courte, and ma∣keth out all the records of Nisi prins, hath the fees due for all searches, and hath the certifiing of all records into the the kings bench, when a writ of errour is brought; and maketh out all writs of (Supersideas de non mole∣stando) which are graunted for the defendants, while the writ of errour hangeth. Also he ma∣keth all exemplications of re∣cords being in the treasurie. He is taken to be the servant of the chiefe Iustice, and remoueable at his pleasure: whereas al other of∣ficers are for terme of life. There is also a Secondarie, or vnder clerk of the treasurie for assi∣stance, which hath some allow∣ances. There is likewise an vnder keeper, who alway keepeth one key of the treasury doore, & the

chiefe clerke of the Secundarie another: so the one cannot come in without the other.

Clerk of essoines, (clericus esso∣niorum) is an officer belonging to the courte of common plees, who onely keepeth the essoines rolle, and hath for entring everie essoine, sixe pence, and for euery exception to barre the essoine, in case where the partie hath omit∣ted his time, sixe pence. He hath also the providing of parch∣ment, and cutting it out into rols, and marking the numbers vpon them, and the deliuerie out of all the rols to euerie officer, and the receiuing of them a∣gaine, when they be written, and the binding and making vp of the whole bundels of euerie terme: and this he doth as ser∣uant to the cheife Iustice. For the cheife Iustice is at charge for all the parchemēt of all the rols.

Clerk of the outlawries, (cleri∣cus vtlagariarum) is an officer belonging to the court of com∣mon plees, being onely the ser∣uant or deputie to the kings at∣turney generall, for making out the writs of (capias vtlagatum) af∣ter outlawrie. And the kings at∣turneis name is to euerie one of those writs. And whereas seuen pence is paide for the seale of everie other writ betwixt partie & party, there is but a peny paid for the seale of this writ, because it goeth our at the Kings suite.

Clerk of the sewers, (clericus sucraerum) is an officer appertei∣ning to the commissioners of sewers, writing all things that they doe by vertue of their cō∣mission, for the which See Sew∣ers: and see the statute anno 13. Elizabe. ca. 9.

Clerk controller of the kings house, (whereof there be two) is an officer in court, that hath place and seate in the compting house and authoritie to allow or disal∣low the charges and demands of pursuivants or messengers of the greene cloth, purveiours, or o∣ther like. He hath also the ouer-sight and controlling of all de∣faults, defects and miscariages of any the inferiour officers, and to sit in the counting house with the superiour officers, viz. the L. Steward, treasurer, controller and coferer. either for correct∣ing or bettering things out of order; and also for bringing in country provision requisite for the Kings houshold: and the cen∣sure for fayling of cariages and carts warned & charged for that purpose. This officer you haue mentioned. anno. 33. H. 8. ca. 12.

Clerk of the Nihils (clericus ni∣hilorum) is an officer in the Ex∣chequer, that maketh a rolle of all such summes, as are nihiled by the shyreeues vpon their es∣treats of greene waxe, and dili∣vereth

the same into the Lord treasurers remembrancer his of∣fice, to haue execution done vp∣on it for the king.

Clerk of the check, is an offi∣cer in court, so called, because he hath the check and controlment of the yeomen of the gard, and all other ordinary yeomen and huissiers belonging either to his maiesty, the Queene, or Prince, either giuing leaue, or allowing their absences or defects in at∣tendance, or deminishing their wages for the same. He also nightly by himselfe or depute, taketh the view of those that are to watch in the court, and hath the setting of the watch. This officer is mentioned. anno. 33. H. 8. ca. 12.

Clerk marshiall of the kings house, seemeth to be an officer that attendeth the marshiall in his court, and recordeth all his proceedings, anno 33. H. 8. cap. 12.

Clothe of raye. anno 27. Ed. 3. sta. 1. cap. 4.

Closhe, is an vnlawfull game forbidden by the statute, anno 17. Ed. 4. cap. 3. which is casting of a bowle at nine pinnes of wood, or nine shanke bones of an oxe or horse.

Clove is the 32. part of a weigh of cheese i. 8. pound, anno 9. H. 6. cap. 8.

Cloues (caryophylli) are a spice knowne by sight to euery man. They be flowers of a tree called (caryophyllus) gathered and har∣dened by the Sunne. Of their na∣ture you may reade in Gerards Herball. lib. 3. cap. 144. This is cō∣prised among such spices, as be to be garbled, anno 1. Iacob. cap. 19.

Cocket (cokettum) is a seale ap∣pertaining to the kings custome house, Regist. orig. fol. 192. a. & also ascrow of parchement sea∣led and deliuered by the officers of the custome house to mer∣chants, as a warrant that their merchandize be customed, anno 11. H. 6. cap. 16. which parch∣ment is otherwise called literae de coketto, or literae testimoniales de coketto. Regist. vbi supra. fol. 179. a. So is the word vsed. anno 5. & 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat. 1. cap. 21. This word is also vsed for a distinction of bread in the statutes of bread & ale, made anno 51. H. 3. where you haue mention of bread co∣ket, wastell bread, bread of trete, and bread of common wheate.

Coferer of the Kings houshold, is a principal officer of his Maiesties court, next vnder the Controller, that in the counting house and elsewhere at other times, hath a speciall charge and ouersight of other officers of the houshold, for their good demeanure and cariage in their offices, to all

which one and other, being ei∣ther Sergeants, Yeomē, groomes, pages, or children of the kitchin, or any other in any roome of his Maiesties seruants of houshold, and payeth their wages. This officer is mentioned. anno 39. E∣lixab. cap. 7.

Cogs anno 23. H. 8. cap. 18.

Conisour of a fine, is he, that passeth or acknowledgeth a fine in lands or tenemēts to another: Cognise•• is he to whom the fine is acknowledged, West. parte 2. symbol. titulo Fines. sect. 2.

Cognizance, commeth from the French (cognisance. i. intelli∣gentia, intellectus, notio, cognitio,) with vs it is vsed diuersly: some time signifying a badge of a ser∣uingmans sleeue, whereby he is discerned to belong to this or that Noble or Gentleman: som∣time an acknowledgement of a fine, or confession of a thing done: as cognoscens latro, Bracton. lib. 3. tract. 2. cap. 3. 20. 32. cog∣noscere se ad villanum. Idem lib. 4. tractat. 3. cap. 16. As also to make cognisance of taking a distresse: somtime as an audience or hea∣ring of a mater iudicially, as to take cognisance: sometime a po∣wer or iurisdiction, as cogni∣sance of plee, is an habilitie to call a cause or plee out of ano∣ther court: which no man can doe but the king, except he can shew charter for it. Manwood parte 1. Of his Forest lawes, pag. 68. See the new tearmes of the lawe, and the new booke of En∣tries, verbo, Conusance.

Cognatione. See Cosenage.

Cognisour, see Conisour.

Cognitionibus mittendis, is a writ to a Iustice, or other, that hath power to take a fine, who hauing taken knowledgement of a fine, deferreth to certifie it into the court of common plees, commanding him to certifie it. Regist. orig. 68. b.

Coin (cuneus, vel cuna) seemeth to come from the French (coin. i. angulus) which probably verifi∣eth the opinion of such, as doe hould the auncientest sort of coyne to be cornered and not round. Of this Lawyers sub∣stantiue (cuna) commeth the Lawyers verbe (cunare) i. to coyne. Cromptons Iustice of peace fol. 220.

Coliander seede, or rather Cori∣ander seede (Semen coriandri) is the seede of an herbe so called, medicinable and wholesome for diuers good purposes, which see in Gerards Herball. lib. 2. cap. 3. 79. It is numbred among the drugges that be to be garbled, anno 1. Iacob. cap. 19.

Collaterall (collateralis) com∣meth of the Latine (laterale) i. that which hangeth by the side. Lateralia viatoria. Π. de lega. & fideium, tertio l. 102. seeme to

signifie a budget or capcase to hang by a saddle pomel. Colla∣terall, is vsed in the common law, for that which commeth in, or is adhering of the side: as, colla∣terall assurance, is that which is made ouer and beside the deede it selfe. For example, if a man couenant with another, and en∣ter bond for the performance of his couenant, the bond is termed collaterall assurance: because it is externall, and without the nature and essence of the couenant. And Crompton in his Iurisd. fol. 185. saith, that to be subiect to the feeding of the kings Deere, is collateral to the soyle within the Forest. In like maner may we say, that the libertie to pitche boothes or standings for a Faire in another mans ground, is collaterall to the ground. The priuate woods of a common person within a Forest, may not be cut without the kings li∣cence. For it is a prerogatiue collaterall to the soyle. Manwood parte 1. of his Forest lawes, pag. 66. Collaterall warrantie. See Warrantie.

Collation of a benefice (collatio beneficii) signifieth properly the bestowing of a benefice by the Bishop, that hath it in his owne gift or patronage: and differeth from Institution in this, for that Institution into a benefice, is per∣formed by the Bishop at the motion or presentation of ano∣ther, who is patron of the same, or hath the patrons right for the time. Extra de Institutionibus. & De concessione praebendarum. &c. And yet is collation vsed for presentation. anno. 25. Ed. 3. stat. 6.

Collatione facta vni post mortem alterius, &c. is a writ di∣rected to the Iustices of the cō∣mon plees, 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 betweene the king and the Bi∣shops clerk, is departed. For iudg∣ment once passed for the kings clerk, and he dying before he be admitted, the king may bestow his presentation vpon another, Register orig. fo. 31. b.

Collatione heremitagii, is a writ whereby the king conferreth the keeping of an ermitage vp∣on a clerk. Register orig. fo. 303 308.

Colour, (color) signifieth in the common law, a probable plee, but in truth false, and hath this end, to draw the triall of the cause from the Iury to the Iud∣ges. Of this see two apt exam∣ples in the author of the new tearms. Verbo Colour. who also re∣ferreth you to the Doctor and student. fo. 158. &c. See Broke tit. Colour in assise, trespas &c.

fo. 140.

Collusion, (collusio) is in our common law, a deceitfull agree∣mēt or compact between two or more, for the one party to bring an action against the other to some euill purpose; as to de∣fraude a third of his right, &c. See the new tearms. and Broke titulo. Collusion. See also one case of collusion in the Register orig. fo. 179. a.

Combat, (duellum) is a french word signifiing as much as (cer∣tamen, decertatio, dimicatio, discri∣men, praelium, pugna) but in our common law, it is taken for a formall triall of a doubtfull cause or quarrell, by the sword or bast∣ons of two champions. Of this you may reade at large both in diuers ciuilians, as Paris de Puteo, de remilitari & duello. Alciat de duello, Hotomam disputatio. feuda∣lium. ca. 42. and others: as also in our common lawyers of Eng∣land, namely Glanuile. li. 14. ca. 1. Bracton. li. 3. tracta. 2. ca. 3. Britton ca. 22. Horns mirrour of Iustices li. 3. ca. des exceptions in fine proxime ante c. Iuramentū du∣elli. Dier. fo. 301. nu. 41. & 42. That this also was aunciently the law of the Lombards, before they inuaded Italy (which was a∣bout the yeare of our Lord 571 appeareth by Sigonius, in his hi∣storie De regno Italiae. lib. 2. de A∣ri••aldo rege. who there reporteth, that the said king, hauing put a∣way his wife Gundeberga, vpon a surmise of adulterie with Tato Duke of Etruria, at the priuate suggestion of Adalulphus, a great man among the Lombards, and being charged by Clotharius the king of France his Ambassadors, of whose bloud she was, that he had done her wrong: he answe∣red, that he had done her no wrong. Whereupon Ansoaldus one of the ambassadors replyed, that they would easily beleeue him, if he would suffer the truth to be tried by combat, betweene some one of the Queens friends, and her accuser, according to the custome of the Lombards. And the king yeelding vnto this, A∣dalulphus was vanquished by one Pitto, otherwise called Charles, set foorth for the Queenes chā∣pion, and she restored to her for∣mer place and honour.

Cominseede, aliâs, Cumin seed, (Semen cumini) is a seede brought foorth by an hearbe so called, which you may see described in Gerards Herball, lib. 2. cap. 416. This is placed among the gar∣bleable drugges, anno 1. Iacob. cap. 19.

Comitatu commisso, is a writ or a commission, whereby the Shy∣reeue is authorized to take vpon him the swaye of the countie. Regist. orig. fol. 295. a. & b. and Co〈…〉〈…〉 Reports, li. 3. fol. 72. a.

Comitatu & castro commisso, is a writ whereby the charge of a countie, together with the kee∣ping of a castell, is committed to the Shyreeue, Reg orig. fol. 295. a.

Commaundrie (praeceptoria) was by some mens opinion, a maner or chiefe mefuage, with which lands or tenements were occu∣pied, belonging to the Priorie of S. Iohns in Hierusalem in En∣gland: and he which had the gouernement of any such maner or house, was called the com∣maunder, who had nothing to dispose of it, but to the vse of the Priorie, taking onely his su∣stenance thence, according to his degree, and was vsually a bro∣ther of the same Priorie. Author of the new tearmes of lawe. ver∣bo, Commaundrie. By some other bookes it appeareth, that the chiefe Prior of S. Iohns, was a cō∣maunder of a Nunnerie, and cō∣stituted the Priores of the said Nunnerie, who was vnder his o∣bedience, and remoueable at his will, notwithstanding that shee had covent, and common seale, and had her possessions seuerall, and was wont to lease the land for terme of yeares. Fulbecks Pa∣ralels, fol. 2. a. Of these commā∣dries also Petrus Gregorius lib. de beneficiis cap. 11. num. 11. hath these words: Praeceptoriae dictae commendae sacrorum militum, 〈…〉〈…〉e∣luti ordinis hospitalii Sancti Ioannis Hierosolymitani, beneficia quidem secundum quid Ecclesiastica dic un∣tur à Barbatia ad Clement. causam col. 51. de Electione. Tamen non propriè dicuntur ex genere commu∣nium beneficiorum, eo quòd personae conferentes, & quibus conferuntur, non sunt laicae vel ecclesiasticae, sed tertu ordinis. De hiis beneficiis ••fit mentio. cap. exhibita de priuilegiis. in extravag. com. in cap. Dudum, de decimis. These in many places of our realme are termed by the name of temples, because they sometime belonged to the Tem∣plers. Of these you reade ann. 26 H. 8. cap. 2. & anno 32. eiusd. ca 24. And of these the said Grego∣rius Tolosanus. li. 15. sui syntagma∣tis. cap. 34. hath these words: Monuimus superiori capite, crescen∣te numero peregrinorum, iuxta Tē∣plum Hierosolymitanum Xenodo. chium aedificatum, tit. Diui Iohan∣nis, quo exciperentur peregrini, quos coenobia capere non possent. Huius ergo ministerio quoque viri pij nobi∣les se devoverunt, qui & peregrinos tutarentur, & à latronum seu Aga∣renorum incursu defenderent. Ho∣rum professio est votum solenne pau∣pertatis, & abdicationis propriorum, castitatis, & obedientiae. Proinde propter primum votum nihil proprii habent, vel habere debent, sed accipiunt annonam, quàm diu vi∣vunt, vel praeceptorias (quas vocant Commanderies) administrant, quàm diueas possident, & optione mutant;

vel ex magistri licentia permutant reddituri morientes quae apud eos re∣periētur, societati Of these Corasius in his paraphrase Ad sacerd. mat. parte prim. cap. 3. saith thus: Prae∣ceptoriae Rhodienses, cùm non nisi fratribus Hierosolymitanis, atque it a personis ecclesiasticis conferan∣tur; beneficiis ecclesiasticis annume∣rari meritò debent.

Commaundement (praeceptum) is vsed diuersely in the common lawe: some time for the com∣maundement of the king, when vpon his meere motion, and from his owne mouth, he cast∣eth any man into prison. Stawnf. pl. cor. fo. 72. or of the Iustices. And this commādement of the Iustices, is either absolute or or∣dinary: absolute, as when vpon their owne authority in their wisedome and discretion, they commit a man to prison, for a punishment: Ordinary is, when they commit one rather for safe custody then punishment. And a man committed vpon an ordi∣nary commandemēt, is repleuisa∣ble. pl. cor. fo. 73. Cōmandement is againe vsed for the offence of him, that willeth another man to transgresse the lawe, or to doe any such thing, as is contrary to the lawe, as murder, theft, or such like. Bract. li. 3. tra. 2. ca. 19 And this the ciuilians call (man∣datum) Angelus de maleficiis.

Commen (communia) commeth from the french (commun. i. quod ad omnes pertinet) and signifieth in our common lawe, that soile or water, whereof the vse is com∣mon to this or that towne, or lordship; as common of pasture (communia pesturae.) Bract. ls. 4. ca. 19. & 40. commen of fish∣ing. communia piscariae. Idem. li. 2. ca. 34. commen of turbary. i. of digging turues (communia tur∣bariae) Idem. li. 4. ca. 41. cōmen of estouers (communia estouerio∣rum.) Kitchin. fo. 94. Comen, is de∣uided into commen in grosse, commen appendant, commen dpper∣tinent, and commen per cause de vicinage. i. by reason of neigh∣bourhood. Cōmen in grosse, is a liberty to haue cōmen alone (that is) without any land or tene∣ment, in another mans land, to him selfe for life, or to him and his heires. And this is commonly passed by deede of graunt or spe∣cialty. Old nat. br. fo. 31. & 37. Commen appendant and common appertinent, be in a maner confounded: as appeareth by Fitzh. nat. br. fo. 180. and be defined to be a liberty of com∣mon, appertaining to, or depen∣ding of such or such a freehould. Onely Kitchin. fo. 94. seemeth to make this difference, that he which hath commen appertinēt, hath it without limitation of this or that kinde of beastes: but that is controlled by Dyer. fo. 70. b.

nu. 19. He that hath commen ap∣pendant, hath it but for beastes commenable, as horses, oxen, kine, and sheepe, being acomp∣ted fittest for the plowman: and not of goates, geese and hogs. whereunto the author of the new teaams of law addeth ano∣ther difference: which is, that common appertinent may be seuered from the land, wherun∣to it is appertinent, but not com∣mon appendant. The originall of common appendant S. Ed Coke li. 4. fo. 37. thus expresseth: Common appendant, by the auncient lawe, had beginning in this maner, when a lord in∣feoffed another in erable lands, to hould of him in socage (idest, per seruicium socae) as all tenure in the beginning (according to Litleton) was: the feoffee, to mamtaine the seruice of his plough, had commō in the wasts of his Iord, for his necessary beasts to gaine and compas his land: & that for two causes: one for that, as then it was taken, it was (tacitè) implyed in the feof∣ment, by reason the feoffee could not gaine or compas his land without catell, and catell could not be sustained without pas∣ture. anb so by consequent the feoffec had (as a thing necessary and incident) common in the wastes and land of the lord. And this appeareth by aunciēt books tempore. Ed. i. tit. common 24. & 17. E. 2. tit. common. 23. & 20. Ed. 3. tit. Admesurement. 8, & 18. Ed. 3. and by the reher∣sall of the statute of Merton. ca. 4. The second reason was for maintenance, and aduancement of tillage, which is much regar∣ded and fauoured in the lawe, Thus farre S. Edward.

Commen per cause de vicinage, is a libertie, that the tenents of one lord in one towne, haue to common with the tenents of another lord in another towne which kinde of common they that chalenge, may not put their catell into the common of the other towne. For then they be distremable. But turning them into their owne fields, if they strey into the neighbours com∣men, they must be suffered. See the termes of lawe. Common of pasture the Civilians call ius com∣pascendi, cum sc: plures ex municipi∣pibus qui diversa praedia possiáebant, saltum communem, vt ius compas∣cendi haberent, mercarentur. l. pe∣nul. Π. si servit, vendicetur. It is also called ius compascuum. ibidem.

Commendam (commenda) is a benefice, that being voide, is cōmended to the charge & care of some sufficient clerk, to be supplied, vntill it may be con∣veniently provided of a pastor. And that this was the true origi∣nall of this practise, you may

read at large in Duarenus de sa∣cris ecclesiae ministeriis & beneficiis li. 5. ca. 7. And whereas the glosse, in verbo commendare. in ca. Nemo deinceps: de electione. in sexto. defi∣neth commendam esse ecclesiae cu∣stodiam al icui commissam: Iohannes Andraeas therevpon saith thus: huic definitioni necessariò haec aditci∣enda putem: in tempus gratiâ evi∣dentis necessitatis & vtilitatis. Id{que} docuit textus in dicto capite. Nemo. Corrasius in his paraphrase de sa∣cerdotiorum materia parte prima. ca. 6. nu. 3. & seqq. thus describeth the mater: In commendam conce∣ditur beneficium, cùm Romanus Pontifex, Legatus, aut Episcopus (Neque enim inferioribus, qui ex privelegio aut alio iure spirituals conferunt, concessum est, ca. cum omnes basilicae. 16. quaest. 7.) ecclesiae vacantis custodiam alicui commit∣tit, administratorem generalem eius templi eum constituens, ca. nemo. de electio. in sexto. Commen∣dare enim aliud est nihil, quàm de∣ponere. l. publius. Π. depositi. l. cōmē∣dare. Π. de verb: signif.) Hoc autē, ad tempus sex mensium, & pro eviden∣ti necessitate aut vtilitate ecclesiae lex permittit, (d. ca. Nemo.) Quae∣re commendatarius qui ecclesiae va∣cantis & fructuum, ad tempus dun∣taxat custodiā habet, nec tenere be∣neficiū, iusve habere in beneficio, aut canonicum titulum censebuur: vti nec depositarius in re deposita. wher∣of also Petrus Gregorius de benefi∣ciis, ca. 10. nu. 13. thus writeth. In hac quarta divisione, potest adds ter∣tium genus beneficii, quod citra prae∣scriptionem qualitatis a persona al∣terius qualitatis quàm beneficium exigat naturâ, possidetur, sed sine praeiudicio naturae beneficii, & per dis∣pensationem, eo commendato olim ad tempus certum certae personae, hodie, vt plerun{que}, quàm diu commenda∣tarius vixerit. Vocant hoc benefi∣cium commendatum commendam: vt si regulare beneficium á Summo Pontisice conferatur, nomine commē∣dae, saeculari. Nam ideo non mutatur beneficii natura, nec fit ideo saecula∣re, &c. And a little after, Interim annotabimus duplici de causa fieri commendam ecclesiae, nempe vel in vtilitatem ecclesiae, vel commen∣datarii. In primo commenda titu∣lum non dat beneficii commendata∣rio, & dicitur potius custodia quae re∣vocari potest: quod repugnat naturae beneficii, quod est perpetuum. In se∣cundo autem casu beneficium cense∣tur in vtilitatem commendatarii commēda facta, quam possidere potest quàm diu vixerit, &c. whome you may also read. ca. 2. li. 13.

Commissarie (cōmissarius) is a ti∣tle of ecclesiasticall iurisdiction, appertaining to such a one as exerciseth spirituall iurisdiction (at the least, so farre as his com∣mission permitteth him) in pla∣ces of the dioces so farre distant from the cheife citie, as the chanceler cannot call the sub∣iects

to the Bishops principall consistorie, without their to great molestation. This commissarie is of the canonists termed commis∣sarius or officialis foraneus. Lynd∣woods provin. ca. 1. de accusatio. ver. bo. Mandatum archiepiscopi. in glos. and is ordeined to this especiall end, that he supply the bishops iurisdiction and office in the out places of the dioces, or els in such parishes as be peculi∣ars to the bishop, and exempted from the iurisdiction of the Archdeacon. For where either by prescription or composition, there be archedeacons that haue iurisdiction within their arch∣deaconries, as in most places they haue, there this commissarie is but superfluous, and most commonly, doth rather vexe and disturb the country for his lucre, then of conscience seeke to re∣dresse the liues of offenders. And therefore the Bishop taking pre∣station mony of his archdea∣cons yearely pro exteriori iurisdi∣ctione, as it is ordinarily called, doeth by superonerating their circuit with a commissarie, not onely wrong archdeacons, but the poorer sort of subiects much more, as common practise daily teacheth to their great woe.

Cōmission, (commissio) is for the most part, in the vnderstanding of the common lawe, as much as (delegatio) with the Civilians. (See Broke. titulo commission.) and is taken for the warrant or let∣ters patents, that all men exer∣cising iurisdiction either ordina∣rie or extraordinarie, haue for their power to heare or deter∣mine any cause or action. Of these see diuers in the table of the Register originall. verbo. Com∣missio. yet this word sometime is is extended farder, then to ma∣ters of iudgement: as the com∣mission of purveiours or takers. anno. 11. H. 4. ca. 28. But with this epitheton (high) it is most notoriously vsed for the honou∣rable commission court, institu∣ted and founded vpon the sta∣tute 1. Eliza. ca. 1. for the orde∣ring and reformation of all of∣fences, in any thing appertaining to the iurisdiction ecclesiasticall: but especially such as are of higher nature, or, at the least, re∣quire greater punishment, then ordinarie iurisdiction can afford. For the world being growne to that loosenes, as not to esteeme the censure of excommunicatiō, necessitie calleth for those cen∣sures of fynes to the prince and imprisonment, which doe affect men more neerely.

Commission of rebellion (Commis∣sio rebellionis) is otherwise called a writte of rebellion, (breue re∣bellionis) and it hath vse, when a man after proclamation made by the Shyreeue vpon an order

of the channcerie, or court of Starre chamber, vnder penaltie of his allegance, to present him∣selfe to the court by a certaine day, appeareth not. And this commission is directed by way of commaund to certaine per∣sons, to this end, that they, or three, two, or one of them, doe apprehend, or cause to be appre∣hend, the party as a rebell and contemner of the kings lawes, wheresoeuer they find him with∣in the kingdome, and bring him, or cause him to be brought to the courte, vpon a day therein assigned. The true copie of this commission or writ, you haue in Cromptons diuers Iu∣risdictions. Court de Starre cham∣ber: as also in West. tractat. tou∣ching proceedings in Chancerie, Sectio 24.

Commissioner (commissionarius) is he that hath commission, as leters patents, or other lawfull warrant, to execute any publike office: as commissioners of the office of fines and licenses. West. parte. 2. symbol: titulo Fines. sect. 106. commissioners in eyre. an. 3. Ed. 1. ca. 26. with infinite such like.

Committee, is he to whome the consideration or ordering of any mater is referred, either by some court, or consent of parties, to whome it belongeth. As in Parlament, a bille being read, is either consented vnto and pas∣sed, or denied, or nether of both, but referred to the consi∣deration of some certaine men, appointed by the house farder to examine it: who thereupon are called committees. Committee of the King West. par. 2. symbo. titu∣lo Chancerie. sect. 144. This word seemeth to be something strangely vsed in Kitchin. fo. 160. where the widow of the kings tenent being dead, is called the cōmittee of the king. that is, one committed by the auncient law of the land, to the kings care and protection.

Common bench (bancus commu∣nis) is vsed some time for the court of common plees. anno. 2. Ed. 3. ca. 11. So called, as M. Camden saith in his Britannia. pa. 113. quia communia placita inter subditos ex iure nostro, quod com∣munae vocant, in hoc disceptantur, that is, the plees or controuer∣sies tryed betweene common persons.

Common fine (finis communis) of this Fleta hath these words: Quibus expeditis (speaking of the businesse finished by Iustices in eyre) consueverunt Iusticiarii impo∣nere villatis, iuratoribus, hundre∣dis, & toti comitatui concelamē∣tum, & omnes separatim amerciare: quod videtur voluntarium, cùm de periurio & concelamento non fuerint convicti, sed potius dispensandum

esset cumeis quod animas in statera posuerint pro pacis conservatione. li. 1. cap. 48. §. Quibus. And a li∣tle following. §. Et provisum, he hath these words: Et provisum est, quòd communes misericordiae vel fi∣nes comitatuum amerciatorumin fi∣nibus itinerum Iusticiariorum ante recessum ipsorum Iustitiariorum per sacramenta militum, & aliorum pro∣borum hominum de commitatu eo∣dem, affidentur super eos qui contri∣buere debent: vnde particulae Iusti∣ciariis liberentur, vt cum aliis ex∣tractis suis ad Scaccarium liberare valeant. These last words of his haue relation to the statute, West∣minst. pr. cap. 18. which reade. See Fine.

Common plees (communia pla∣cita) is the kings Court now held in Westminster hall, but in auncient time moueable, as ap∣peareth by the statute called Magna charta. cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupil∣la oculi, parte 5. cap. 22. But M. Gwin in the Preface to his rea∣dings saith, that vntill the time that Henry the third granted the great charter, there were but two courts in all, called the Kings courts: whereof one was the Exchequer, and the o∣ther, the kings bench, which was then called (curia Domini regis) and (aula regia) because it fol∣lowed the court or king: and that vpon the grant of that char∣ter, the court of common plees was erected and setled in one place certaine: viz. at Westmin∣ster. And because this court was setled at Westminster, wheresoe∣uer the king lay: thereupon M. Gwin, vbi supra, saith, that after that, all the writs ranne, Quòd sit coram Iusticiariis meis apud West∣monasterium: whereas before the partie was cōmanded by thē, to appeare coram me vel Iusticiariis meis, simply without addition of place, as he well obserueth out of Glanvile and Bracton, the one writing in Henry the seconds time, before this court was ere∣cted, the other in the later end of Henry the thirds time, who e∣rected this court. All ciuill cau∣ses both reall and personall are, or were in former times, tryed in this court, according to the strict lawe of the realme: and by For∣tescue, cap. 50. it seemeth to haue bene the onely court for reall causes. The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees, accompa∣nied with 3. or 4. assistants or as∣sociates, which are created by leters patents from the king, and (as it were) enstalled or placed vpon the bench, by the Lord Chaunceler and lord chiefe Iu∣stice of the court, as appeareth by Fortescue, cap. 51. who expres∣seth all the circumstances of this admission. The rest of the offi∣cers

belonging to this court, are these: the custos breuium, three Protonotaries, otherwise called Prenotaries, Chirographer, Fila∣zers 14. Exigenters, 4. Clerke of the warrants, Clerke of the Iuries or iurata writs, Clerke of the Treasurie, Clerke of the kings siluer, Clerke of the essoins, Clerke of the outlawries. Whose distinct functions looke in their places. See Common bench.

Common day in plee of land, an. 13. R. 2. stat. 1. cap. 17. signifi∣eth an ordinarie day in the court as Octavis Michaelis, quindena pascae. &c. as you may see in the statute made anno 51. H. 3. con∣cerning generall dayes in the bench.

Common house of parlament, is vsed for the nether house: be∣cause the commōs of the realme, that is, the knights of the shires and burgeses, possesse that house. Crompton iurisd. 9.

Commotes, seemeth to be com∣pounded of the prepositiō (con) and (mot. i. dictio, verbum) and signifieth in Wales a part of a shire, as a hundred. anno. 28. H. 8. ca. 3. It is written commoithes. anno. 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people (as it seemeth) of this or that hundred, by welsh minstrels.

Common law (comunis lex) hath three diuers significatiōs. which see in the author of new termes of law. verbo. Common law.

Communi custodia, is a writ that lyeth for that lord, whose te∣nent houlding by knights ser∣uice, dyeth, and leaueth his eld∣est sonne vnder age, against a straunger that entreth the land, and obtaineth the ward of the body. It may seeme to take the name from the common custom or right in this case: which is, that the lord haue the wardship of his tenent, vntill his full age, or because it is common for the recouery both of land and te∣nent, as appeareth by the forme thereof. Old nat. br. fo. 89. See also the Register orig. fo. 161. a.

Communi placito non tenendo in scaccario, is a writ directed to the treasurer and barons of the ex∣chequer, forbidding them to hould plee betweene two com∣mon persons in that court, nei∣ther of them belonging toward the said court. Register orig. fo. 187. b.

Companion of the garter, is one of the knights of that most no∣ble and honourable order. anno. 24. H. 8. ca. 13. See Garter.

Compromis, (compromissum) is a mutuall promise of two or more parties at difference, to re∣ferre the ending of their contro∣uersies, to the arbitriment and e∣quitie of one or more arbitra∣tours. West. defineth is thus, parte. 2. Symbol. titulo Compromise. sect.

pri. A compromise or submission (arbitrium, compromissum, submissio) is the faculty or power of pro∣nouncing sentence betweene persons at controuersie, giuen to arbitratours by the parties mu∣tuall priuate consent, without publique authority.

Computo, is a writ so called of the effect: because it compelleth a baylife, chamberlaine, or re∣ceiuer to yeld his accoumpt, Old nat. br. fo. 58. It is founded vpon the statut of Westm. 2. ca. 2. anno. 13. Ed. i. which for your beter vnderstanding you may read. And it lyeth also for executours of executours. anno. 15. Ed. 3. statut. de prouis. victuall. ca. 5. Thirdly, against the garden in socage for waste made in the minority of the heire. Marlb. ca. 17. And see farder in what other cases it lyeth. Register orig. fo. 135. old nat. br. vbi supra. & Fitzh. nat. br. fo. 116.

Concealers, be such as finde out concealed lands, that is, such lands as priuily are kept from the king by common persons, hauing nothing to shew for them. anno. 39. Eliza. ca. 22. They be so called a concelando, as mons a mouendo. per antiphrasin.

Concord, (concordia) is in the common law, by a peculiar sig∣nification, defined to be the ve∣ry agreement betweene parties, that intend the leuying of a fine of lands one to the other, how and in what maner the land shall passe. For in the forme thereof many things are to be conside∣red. West. parte. 2. Symbol. titulo. Fines and concords, sect. 30. whome read at large. Concord is also an agreement made vpon any trespas cōmitted betweene two or more: and is diuided in∣to a concord executory, and a concord executed. See Plowden. casu Reniger, & Fogassa fo. 5. & 6. where it appeareth by some opinion, that the one bindeth not as being imperfect: the o∣ther absolute and tyeth the par∣ties: and yet by some other opi∣nion in the same case, it is affir∣med that agreements executory be perfect, and doe noe lesse binde, then agreements execu∣ted. fo. 8. b.

Concubinage, (concubinatus) is an exception against her, that sieweth for her dower, whereby it is alleadged, that shee was not a wife lawefully maried to the party, in whose lands shee seek∣eth to be endowed, but his con∣cubine. Britton. ca. 107. Bract. li. 4. tract 6. ca. 8.

Condition, (conditio) is a rate, maner, or lawe, annexed to mens acts, staying or suspending the same, and making them vncer∣taine, whether they shall take ef∣fect or no, West. parte 1. symb. li. 2. Sect. 156. In a lease there may

be two sorts of conditions: con∣dition collaterall, or condition annexed to the rent. Sir Edward Coke. lib. 3. Pennants case. fol. 64. Collaterall condition is that, which is annexed to any collate∣rall act: as that the leassee shall not go to Rome, ibi fol. 65. Con∣dition is also diuided, into condi∣tion in deed or fact, and condi∣tion in lawe: which otherwise may be tearmed, condition ex∣pressed, and condition implyed. Perkins. Conditions. 722. These and other like diuisions of con∣ditions you may reade in the au∣thor of the new Tearmes of law. verbo. Condition. and in Litleton. li. 3. cap. 5.

Conders, may seeme to pro∣ceed from the French, (conduire. i. deducere, gubernare) they be such as stand vpon high places neere the sea coast, at the time of her∣ring fishing, to make signes with bowghes, &c. in their hand vnto the fishers, which way the shole of herrings passeth. For that may beter appeare to such as stand vpon some high cliffe on the shore, by a kind of blew colour, that the said fish causeth in the water, then to those that be in the shippes. These be otherwise called huers, by likelihood of the French (huyer. i. exclamare) and balkers: as appeareth by the statute, anno 1. Iacob. cap. 23.

Cone & key. Bracton. lib. 2. ca. 37. num. 3. looke Cover and Key.

Confirmation (confirmatio) is a strengthening of an estate for∣merly had, and yet voydable, though not presently voide. For example, a Bishop graunteth his Chancelershippe by patent for the terme of the patentee his life: this is no voide graunt, but voydable by the bishops death, except it be strengthened by the confirmation of the Deane and chapter. See more of this, in West. parte prim. symb. lib. 2. sect. 500. and Fitz. nat. br. fol. 169. B. 226. H. 271. D. 163. G. and Litleton lib. 3. cap. 9.

Confiscate (confiscatus) may be said to come either from the La∣tine (confiscare) or the French (confisquer. i. in publicum addicere.) All these words are drawne from (fiscus) which originally signifi∣eth a hamper, pannyer, basket, or freyle: but metonymically the Emperours treasure: because it was anciently kept in such ham∣pers, &c. And though our king keepe not his treasure in such things: yet as the Romanes said, that such goods as were forfei∣ted to the Emperors treasurie for any offence, were bona confis∣cata: so do we those that are for∣feited to our kings Exchequer. See more of these goods confis∣cate. in Stawnf. pl. cor. lib. 3. cap. 24.

Conge d'eslire (venia eligendi) is very French, and signifieth in our common lawe, the kings permission royall, to a Deane and chapter in time of vacation, to chuse a bishop: or to an Abbey or Priorie of his owne founda∣tion, to chuse their Abbot or Prior. Fitz. nat. br. fol. 169. B. 170. B. C. &c. Touching this mater, M. Gwin in the preface to his readings saith, that the king of England, as soueraigne patron of all Archbishoprickes, Bi∣shoprickes, and other Ecclesia∣sticall benefices, had of auncient time, free appointment of all ec∣clesiasticall dignities, when soe∣uer they chaunced to be voide: inuesting them first (per baculum & annulum) and afterward by his leters patents: and that in pro∣ces of time he made the election ouer to others, vnder certaine formes and conditions: as name∣ly, that they should at euery va∣cation before they chuse, de∣maund of the king (congè d'eslire) that is, licence to proceede to election, and then after the e∣lection, to craue his royall assent, &c. And furder he affirmeth by good proofe out of common lawe bookes, that King Iohn was the first that graunted this, and that it was afterward con∣firmed by Westm. pri. ca. i. which statute was made anno. 3. Ed. pri. and againe by the statut (Ar∣ticuli cleri) ca. 2. which was or∣dained. anno. 25. Ed. 3. statuto tertio.

Congeable, cōmeth of the french (conge i. venia) It signifieth in our common law, as much as lawfull or lawfully done; as the entry of the disseisee is congea∣ble. Litleton. fo. 91. in meo.

Conisance, See Cognisance.

Conizour, aliàs cognizour (recog∣nitor) commeth of the French (cognoistre. i. cognoscere, cernere) and is vsed in the passing of fynes for him, that doth ac∣knowledge the fyne; and the co∣nizee is hee, to whome it is ac∣knowledged. West. parte. 1. symbol. li. 2. sect. 49. & parte 2. titulo. Fines sectio. 114. See Recognizour.

Coniuration (coniuratio) is the very French word drawne from the latine, which as it is com∣pounded of (con & iuro) so it signifieth a compact or plot, made by men combining them∣selues together by oath or pro∣mise, to doe some publique harme. But in our common lawe, it is especially vsed for such as haue personall conference with the deuill or evill spirit, to knowany secret, or to effect any purpose. anno 5. Eliza. ca. 16. And the difference that I haue obserued (how truly let those iudge that be beter skilled in these maters) betweene coniu∣ration and witch craft, is because

the one seemeth, by prayers and invocation of Gods powerfull names, to compell the devill, to to say or doe what he comman∣deth him: the other dealeth ra∣ther by a friendly and volun∣tarie conference or agreement betweene him or her and the de∣uill or familiar, to haue her or his desires and turnes serued in lien of blood, or other gift offe∣red vnto him, especially of his or her soule. And both these dif∣fer from inchawntments or for∣ceries, because they are personall conferences with the deuill, as is said: but these are but medicines and cerimoniall formes of words (called commonly charmes) without apparition.

Consanguineo, is a writ, for the which See Avo: and See the Register orig. De auo. proavo, & consanguineo. fo. 226. a.

Conseruatour of the truce and safe conduicts (conservator inducia∣rum & saluorum regis conductu∣um) was an officer appointed in euery port of the Sea, vnder the Kings leters patents, and had 40. pound for his yearely sti∣pend, at the least. His charge was to enquire of all offences done against the Kings truce & safe conduicts, vpon the maine sea out of the countries, and out of the franchises of the Cinque ports of the king, as the admirals of custome were wont and such other things as are de∣clared. anno 2. H. 5. ca. 6. Tou∣ching this mater you may read another statut. anno 4. H. 5. cap. 7.

Conseruatour of the peace (con∣seruator vel custos pacis) is he that hath an especiall charge by ver∣tue of his office, to see the kings peace kept. which peace lear∣ned M. Lamberd defineth, in effect, to be a withholding or ab∣stinence from that iniutious force and violence, which boy∣sterous and vnruly persons are in their natures prone to vse to∣ward others, were they not re∣strained by lawes and feare of punishment. Of these conserva∣tors he farder saith thus: that be∣fore the time of K. Edward the third, who first erected Iustices of peace, there were sundrie persons, that by the common lawe had interest in keeping of the peace. Of those some had that charge as incident to their offices, which they did beare, and so included within the same, that they were neuer the lesse called by the name of their office only: some others had it simply as of it selfe, and were thereof named custodes pacis, wardens or conservators of the peace. The former and later sort he againe subdivideth. Which read in his eirenarcha. li. 1. ca. 3.

Consideration, (consideratio) is that with vs, which the Grecians called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: that is, the materiall cause of a contract, without the which no contract bindeth. This consideration is either expressed, as if a man bargain to giue 20. shillings for a horse: or els implyed, as when the law it selfe inforceth a consi∣deration; as if a man come into a common Inne, and there stay∣ing sometime, taketh both meat and lodging, or either for him∣selfe and his horse: the lawe pre∣sumeth, that he intendeth to pay for both, though nothing be far∣der couenanted betweene him and his host: and therefore if he discharge not the house, the host may stay his horse. Fulb: parel: tracta. Contracts. fo. 6. a. b.

Consistory (consistorium) is a word borowed of the Italians, or rather Lombards, signifing as much as (praetorium) or tribunal. vocab. vtrius{que} iur. It is vsed for the place of iustice in the courte christian.

Convocation house (domus convo∣cationis) is the house, wherein the whole clergie is assembled, for consultation vpon maters ecclesiasticall in time of parla∣ment. And as the house of Par∣lament, so this consisteth of two distinct houses, one called the higher conuocation house, where the Archebishops and Bishops sitte seuerally by themselues: the other the low∣er conuocation house, where all the rest of the clergy are bestow∣ed. See Prolocutor.

Conusance. See Cognisance.

Conuzour, See Cognizour.

Consolidation (consolidatio) is v∣sed for the combining, and vni∣ting of two benefices in one. Brooke titulo. Vnion. This word is taken from the civile lawe, where it signifieth properly an vniting of the possession, occu∣pation, or profit with the pro∣pertie. For example, if a man haue by legacie vsumfructum fundi, and after ward buy the propertie or fee simple (as we call it) of the heire, hoc casu con∣solidatio fieri dicitur. §. 3. De vsu∣fructu. in Institut. See Vnion, and Vnitie of possession.

Conspiracie (conspiratio) though both in Latine and French, it be vsed for an agreement of men, to doe any thing either good or bad: yet in our lawyers bookes, it is alway taken in the evill part. It is defined. anno. 34. Ed. pri. statut. 2. to be an agreement of such, as doe confedre or binde themselues by oath, covenant, or other allyance, that everie of them shall beare and ayde the o∣ther falsly and malitiously to in∣dight, or falsly to mooue ormain∣taine plees, and also such as cause childrē within age, to appeale mē

of felonie, whereby they are im∣prisoned, and sore grieued: and such as reteine men in the con∣tries with liueries or feese, to maintaine their malitious enter∣prises. And this extendeth as well to the takers, as to the gi∣vers. And Stewards and bay∣lifes of great lords, which by their seignorie, office, or power, vndertake to beare or maintaine quarels, plees, or debates that concerne other parties, then such as touch the estate of their lords, or themselues. anno 4. Ed. 3. cap. 11. anno. 3. H. 7. ca. 13. & of this see more. an. 1. H. 5. c. 3. & & an. 18. H. 6. c. 12. as also in the new book of ētries. ver. Cōspiracy.

Conspiracie, in the places before mentioned, is taken more generally, and is confounded with maintenance and champer∣tie. But in a more speciall sig∣nification, it is taken for a confederacie of two at the least, falsly to endict one, or to pro∣cure one to be indicted of fe∣lonie. And the punishment of conspiraciē, vpon an endictment of felonie, at the kings suyte, is that the partie attainted, leese his franke lawe, to the intent that he be not empaneled vp∣on iuries or assises, or such like employments, for the testifi∣ing of truth. And if he haue to doe in the kings court, that he make his atturney: and that his lands, goods and chatels be sey∣sed into the kings hands, his lands estreaped (if he finde no better fauour) his trees raced, and his body committed to pri∣son. 27. lib. assis. 59. Cromptons Iu∣stice of peace. fo. 156. b. This is called vilanous iudgement or punishment. See Vilanous iudge∣ment. But if the partie greiued siew vpon the writ of conspira∣cie, then see. Fitzh. nat. br. f. 114. D. 115. I. Conspiracie may be al∣so in cases of lesse weight. Idem. fo. 116. A. &c. See Franke law.

Conspiratione, is a writ that lieth against conspiratours. Fitz. nat. br. fo. 114. d. Cromptons iurisd. fo. 209. See also the Regist. fo. 134.

Constable (constabularius vel conestabulis) is a Saxon word, compounded of (cuning or cyng) and (staple) which doe signifie the stay and hold of the king. Lamb. duties of constables. nu. 4. But I haue heard it made here∣tofore of these two words, (comes stabuli) which seemeth to me the more probable, because we haue this officer from France, as most others, and not from the Saxons. And Tilius in his com∣mentaries (de rebus gallicis) li. 2. ca. de conistabili, hath the same e∣tymologie, giuing the reason thereof, (quia praeest stabulo. i. e∣quiliregis) which office is aun∣cient heere in England, and mentioned by Bracton, seeming

to answere him, that was called (tribunus celervm) vnder the first kings of Rome, and (Magi∣ster equitum) afterward. The Ger∣mans that inhabite the side of the riuer Rhene, note him by this ti∣tle (die constofler) and in coun∣terfeit latine (constofelerus) and in owlder time (constafolarius) that the Romanes were wont to tearme (assessorem iudicij) And (as Spiegelius in his lexicon noteth, deriue the word (a stafolo comitis. i. gradu Iudicis fiscalis. For staffel in their language (as he saith) signifieth a grees or steppe of a paire of staires. And therevpon (staffelstein) being a word vsed in their very awncient writings, signifieth as much as praetorium. But a man many times may shew in this kinde more curiosi∣tie then discretion: as perhaps some will iudge me heere to haue done. And therefore e∣nough of this. This word is diuersly vsed in our common law: first forthe cunstable of Eng∣land, who is also called mar∣shiall. Stawn. pl. cor. fo. 65. of whose great dignitie and authoritie a man may find many arguments and signes both in the statutes and chronicles of this realme. His sway consisteth in the care of the common peace of the land, in deedes of armes, and maters of warres. Lamb. vbi supra with whome agreeth the statut. anno. 13. R. 2. ca. 2. statu. 1. Smith de Repub. Anglo. li. 2. c. 25. Of this officer or magistrate M. Gwyn in the preface to his readings saith to this effect: The court of the constable and marshiall deter∣mineth cōtracts touching deeds of armes out of the realme, and handleth things cōcerning wars within the realme, as combats, blasōs of armorie, &c. But it may not deale with battel in ap∣peales, nor generally with any other thing that may be tried by the lawe of the land. And reade Fortescue ca. 32. This office was belonging heeretofore to the lords of certaine maners, iure feudi: and why it is discontinued, see Dyer. fo. 258. nu. 39. Out of this high magistracie (saith M. Lamberd) were drawen these lower constables, which we call constables of hundreds & fran∣chises, and first ordeined by the statute of Winchester, anno. 13. Ed. 1. which appointeth for the conseruation of the peace, and view of armour, two constables in euerie hundred and franchise, which in latine are called consta∣bularii capitales. And these be nowe a daies called high consta∣bles: because continuance of time, and increase both of people and offenfes, hath againe vnder these made others in euery towne called petit constables, in latine (subconstabularios) which

are of like nature but of inferi∣our authoritie to the other, as you may read at large in that learned mans treatise before na∣med. Of these also read S. Thomas Smith li. 2. ca. 22. Beside these there be officers of particular places, called by this name; as constable of the tower. Ssawnf. pl. cor. fol. 152. & anno. 1. H. 4. ca. 13. Stowes annals pa. 812. iurisdict. fo. 132. constable of the exche∣quer. anno. 51. H. 3. statute. 5. Constable of Douer castel. Cam∣deni Britan. pa. 239. Fitzh. nat. br. fo. 240. otherwise called castel∣lane. Westm. i. ca. 7. anno. 3. Ed. i. But these be castellani proper∣ly. as M. Lamberd. noteth, though conioined in name with the others. See the statute. anno. 32. H. 8. ca. 38. M. Manwood par∣te. prima. ca. 13. of his forest lawes, maketh mention of a con∣stable of the forest.

Consuetudinibus & seruities, is a writ of right close, which lyeth against the tenent, that deforceth his lord of the rent or seruice dew vnto him. Of this see more at large the Old nat. br. fo. 77. Fitzh. eodem. fo. 151. and the Register orig: fo. 159.

Consultation, (consultatio) is a writ whereby a cause, being formerly remoued by prohibiti∣on from the ecclesiasticall court, or court christian, to the kings court, is returned thither a∣gaine. For the Iudges of the kings court, if vpon comparing the libell with the suggestion of the party, they do find the sugge∣stion false, or not proued, and therefore the cause to be wrong∣fully called from the court christian; then vpon this con∣sultation or deliberation, they decree it to be returned againe, wherevpon the writ in this case obtained, is called a consultati∣on. Of this you may reade the Register orig. fo. 44. 45. &c. vs{que} fol. 58. Old nat. br. fo. 32. & Fitzh. eodem. fo. 50.

Contenement, (contenementum) seemeth to be the free hould land, which lyeth to a mans te∣nement or dwelling house, that is in his owne occupation. For in magna charta. ca. 14. you haue 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 maner thereof, sauing to him his contenement or free hould. And a merchant likewise shalbe amerced sauing to him his merchandies: and any other villaine then owers, shalbe a∣merced sauing his wainage, if he take him to our mercy. And Bracton. li. 3. tracta. 2. ca. 1 nu. 3. hath these words: & scien∣dum, quòd miles & liber homo non amerciabitur, nisi secundùm modum delicti. seoundùm quod delictum

fuit magnum vel parvum, & saluo contenemento suo: mercator verò non nisi salua merchandiza sua, & villanus nisi saluo Waniagio suo. which mercy seemeth to haue bene learned from the ciuile lawe: whereby (executio non po∣test fieri in boues, aratra, aliaue instrumenta rusticorum. l. executo∣res & Authen. Agricultores. Co: quae res pign. obliga nec in stipendia, arma, & equos militum. l. stipendi∣a. Co. de executio. rei indica. & ibi doctores. nec in libros scholarium. glos. in. l. Nepos Proculo. verbo. dignitate. Π. de verbo: significa. Quae tamen rusticorum, militum, & scho∣larium priuilegia circa executionem vera esse, & eatenus obtinere intel∣ligenda sunt, quatenus alia bona habent. Iohan. Eimericus in processu indiciario: cap. de Executione sen∣ten. 79. num. 11.

Continuance, seemeth to bee vsed in the common law, as pro∣rogatio is in the ciuile lawe. For example: Continuance vntil the next assise. Eitz. nat. br. fol. 154. F. and 244. D. in both which places it is sayde, that if a record in the treasurie be alledged by the one partie, and denyed by the other: a (certiorari) shall be siewed to the Treasurer, and the chamberlaine of the Exchequer: who, if they certifie not in the Chauncerie, that such a record is there, or that it is likely to be in the Tower: the king shall send to the Iustices repea∣ting the (certificate) and will them to continue the assise. In this signification it is likewise vsed by Kitchin. fol. 202. & 199. and also anno 11. H. 6. cap. 4.

Continuall claime (continuum clameum) is a claime made from time to time. Within euery yere and day, to land or other thing, which in some respect we can∣not attaine without daunger. For example, if I be disseised of land, into which, though I haue right vnto it, I dare not enter for feare of beating: it behooueth me to hold on my right of entry to the best oportunitie of me & mine heyre, by approching as neare it as I can, once euery yere, as long as I liue: and so I saue the right of entry to mine heire. Termes of law. Againe, if I haue a slave or villein broken from me, and remaining any where within the auncient demesn of the king, being in the handes of the king, I cannot maintaine the writ de nativo habendo, as long as he continueth there: but if I claime him within the yeare and the day, and so continue my claime, vntill I can find him with∣in that compasse: I may lawfully lay hold of him as mine owne. Fitz. nat. br. fol. 79. See more in Litleton, verbo Continuall claime. And the new booke of Entries. Ibid. and Fleta. lib. 6. cap. 53.

Contract (contractus) is a co∣venant or agreement with a lawfull consideration or cause. West. parte prim. symbol. lib. 1. Sect. 10. and lib. 19. Π. de verbo: Significa. with other places, it is thus defined: Contractus est nego∣tium inter duos pluresve data opera gestum, vt vel vterque invicem, vel alteruter obligetur. Who so will throughly examine the diffe∣rence betweene this and (pactū) and such other words some∣thing like in signification: let him search the civilians, and he shall find worke both pleasant and profitable, and well fit∣ting the common lawe also.

Contra formam collationis, is a writ that lyeth against an abbot or his successor, for him (or his heire) that hath giuen land to an Abbey, to certaine good vses, and findeth that the Abbot or his successour hath made a feof∣ment thereof, with the assent of the tenents, to the dishe∣rison of the house or church. This is founded vpon the statute of Westm. 2. cap. 41. And of this see the Regist. orig. fol. 238. and Fitzh. nat. br. fol. 210. And note that the author of the Termes of law saith, that this is not brought against the tenent or alience.

Contra formam feoffamenti, is a writ, that lyeth for the heire of a tenent infeoffed of certain lands or tenements, by charter of feof∣ment by a Lord, to make certain seruices and suites to his court, and is afterward distreined for more, then is contained in the said charter. Regist. orig. fol. 176. old nat. br. fol. 162. and the Tearmes of the lawe.

Contributione faciendae, is a writ that lieth in case where more are bound to one thing, & one is put to the whole burden. Fitz. nat. br. fo. 162. bringeth these examples. If tenēts in cōmon or ioynt, hold a mill (pro indiviso) & equally take the profits therof, the mill falling to decay, & one or more of thē, refusing to contribute toward the reparation therof, the rest shall haue this writ to cōpell thē. And if there be 3. coparceners of land, that owe suite to the lords court, & the eldest perform the whole: then may she haue this writ to compell the other two to a cōtributiō of the charge or to one of them, if one only re∣fuse. The old. nat. br. frameth this writ to a case, where one onely suite is required for land, & that land being sold to diuers, suite is required of them all, or some of them by distresse, as intirely, as if all were still in one. fol. 103. See the Regist. orig. fol 176.

Controller (contrarotulator) cō∣meth of the French (contrerouleur. i. antigraphus, gracè 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) which in Rome was vsed for him, cui id muneris iunctum erat,

vt observaret pecuniam, quam in v∣sum Principis vel civitatis collige∣runt exactores. Budaeus in annota. prio. in pand. titulo De officio quaesto∣ris. In England we haue diuers officers of this name: as control∣ler of the kings house, pl. cor. fol. 52. & anno 6. H. 4. cap. 3. con∣troller of the nauie. anno 35. Eli∣zabeth. cap. 4. controller of the custome. Cromptons Iurisd. fol. 105. controller of Calis. anno 21 Rich. 2. cap. 18. controller of the Mint. anno 2. H. 6. cap. 12. con∣troller of the hamper, (Contra∣rotulator Hamperii) which is an officer in the Chauncerie atten∣ding on the Lord Chaunceler or Keeper daily in the terme time, and dayes appointed for sea∣ling. His office is to take all things sealed from the clerke of the hanaper, inclosed in bags of lether, as is mentioned in the said clerkes office, and opening the bags to note the iust number, & especiall effects of all thinges so receiued, and to enter the same into a speciall booke, with all the duties appertaining to his Maiestie, and other officers for the same, and so chargeth the clerke of the hanaper with the same. Controller of the Pipe, (contrarotulator Pipae) who is an officer of the Exchequer that writeth out summons twice eue∣ry yeare to the Shyreeues, to le∣vie the Fermes and debts of the Pipe, and also keepeth a contra∣rolment of the Pipe. Controller of the pell, is also an officer of the Exchequer, of which sort there be two, viz. the two chamber∣laines clerkes, that do or should keepe a controlment of the pell of receipts and goings out. And in one word, this officer was o∣riginally one, that tooke notes of any other officers accompts or receipts, to the intent to dis∣couer him, if he dealt amisse, and was ordained for the Princes beter securitie, howsoeuer the name sithence may be in some things otherwise applyed. To the proofe whereof you may take these few words out of Fle∣ta. lib. 1. cap. 18. in prin. Qui cùm fuerint ad hoc vocati & electi, (speaking of the coroners) atta∣chiari praecipiant appella: qui & ca∣pitula coronae in comitatu praesentēt: contra quos vicecomes loci habeat contrarotulum, tam de appellis & inquisitionibus, quàm aliis officium illud tangentibus, &c. Which (contrarollum) is nothing else, but a paralel of the same quality and contents with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or originall. This also ap∣peareth by anno 12. Ed. 3. ca. 3. And this signification it see∣meth to haue also in Fraunce. For there the king hath his receyuers of taylles in euery prouince, and controllers, qui ad maiorem fidem susceptoribus accedunt, describunt{que}

in tabulis quae colliguntur. Grego∣rii syntagn. lib. 3. cap. 6. num. 6.

Conuentione, is a writ, that ly∣eth for the breach of any coue∣nant in writing. Register orig. fo. 185. Old nat. br. fo. 101. Fitzh. calleth a writ of couenant. nat. br. fo. 145. who deuideth coue∣nants into personall and reall, making a sufficient discourse of them both: as also how this writ lyeth for both.

Conuict, (conuictus) is he that is founde guilty of an offence by the verdict of the iurie. Stawnf. pl. cor. fo. 186. yet Master Cromp∣ton out of Iudge Dyers commen∣taries 275. saith, that conuiction is, either when a man is outlaw∣ed, or appeareth and confesseth, or els is founde guilty by the in∣quest. Crompt. Iust. of peace. fo. 9. a. Conuiction and attainder are often confounded. li. 4. fo. 46. a. b. See Attaint.

Coparceners, (participes) be o∣therwise called parceners: and in common law, are such as haue equall portion in the inheritance of their auncestour. and, as Li∣tleton in the beginning of his third booke saith, parceners be either by law or by custome. Parceners by law, are the issue femall, which (noe heyre male being) come in equality to the lands of their auncestours. Bract. li. 2. ca. 30. Parceners by cus∣tome, are those that by custome of the country, chalenge equall part in such lands: as in Kent by the custome called (Gauel Kinde) This is called adaequatio among the Feudists. Hot. in verbis feuda. verbo. Adaequatio. And among the ciuilians it is tearmed familiae erciscundae iudicium. quod inter co∣haeredes ideo redditur, vt & hae∣reditas diuidatur, & quod alte∣rum alteri dare facere oportebit, praestetur. Hotoman. Of these two you may see Litleton at large in the first and second chapters of his third booke, and Britton cap. 27. intituled De heritage di∣uisable. The crowne of England is not subiect to coparcinory. anno. 25. H. 8. ca. 22.

Copie, (copia) commeth from the french copia. i. le double de que∣lqut escripture, latinè descriptio, graece 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and signi∣fieth in our common language, the example of an originall writ∣ing: as the copie of a charter, the copie of a court rolle.

Copia libelli deliberanda, is a writ that lyeth in case where a man cannot get the copie of a libell at the hands of the Iudge ecclesiasticall. Register orig. f. 51.

Copiehould, (tenura per copiam rotuli curiae) is a tenure, for the which the tenent hath nothing to shew, but the copie of the rols made by the steward of his lords court. For the steward, as he inrolleth, and maketh re∣membrances

of all other things done in the lords court: so he doth also of such tenents, as be admitted in the court, to any parcell of land or tenement be∣longing to the maner: and the transcript of this, is called the court rowle: the copie whereof the tenent taketh from him, and keepeth as his onely euidence. Coke. li. 4. fo. 25. b. This tenure is called a base tenure, because it houldeth at the wil of the lord. Kitchin. fo. 80. chap: copihoulds. Fitzh. nat. br. fo. 12. B. C. who there saieth, that it was wont to be called tenure in villenage, and that this copihould is but a new name. Yet is it not simply at the will of the lord, but ac∣cording to the custome of the maner. So that if a copiehoulder breake not the custome of the maner, and thereby forfeit his tenure, he seemeth not so much to stand at the lords courtesie for his right, that he may be dis∣placed hand ouer head at his pleasure. These customes of ma∣ner be infinit, varying in one point or other, almost in euery seuerall maner. First, some copie∣hould is fineable, and some cer∣taine: that which is fineable, the lord rateth at what fine or incom he pleaseth, when the tenent is admmitted vnto it: that which is certaine, is a kinde of inheri∣tance, and called in many places custumary: because the tenent dying, and the hould being void the next of the blood paying the custumarie fine, as two shillngs for an acre or such like, may not be denied his admission. Se∣condly, some copihoulders haue by custome, the wood growing vpon their owne land, which by law they could not haue. Kitchin vbisupra. Thirdly, copi-holders, some be such as hold by the verge in ancient demesn: & although they hold by copy, yet are they in accompt a kind of Free-holders. For if such a one commit felonie, the king hath (annum, diem, & vastum) as in case of Freehold. Some other hold by common tenure, called meere copy hold: and they com∣mitting felonie, their land es∣cheateth to the Lord of the ma∣ner foorthwith. Kitchin fol. 81. chap. Tenents per verge in aun∣cient demesn. What auncient demesn is, see in the right place. See Tenent by copie of court rolle. This is the land that in the Saxons time, was called Folk land. Lamberd, explicat. of Saxon words. verbo, Terra ex scripto. West. parte prim. symbol. lib. 2. Sect. 646. defineth a copi-holder thus: Tenent by copie of court rolle, is he which is ad∣mitted tenent of any lands or tenements within a maner, that time out of the memory of man,

by vse and custome of the said maner, haue bene dimisable, and dimised to such, as will take the same in fee, in fee-taile, for life, yeares, or at will, according to the custome of the said maner, by copie of courtrolle of the same maner. where you may read more of these things.

Coraage (coraagium) is a kinde of imposition extraordinarie, & growing vpon some vnusuall occasion, and it seemeth to be of certaine measures of corne. For corus tritici, is a certaine measure of corne. Bracton libro 2. ca. 16. nu. 6. who in the same chapter. nu. 8. hath of this mater these words: Sunt etiam quaedam com∣munes praestationes, quae seruitia non dicuntur, nec de consuetudine veni∣unt, nisi cùm necessitas interuenerit, vel cùm rex venerit: sicut sunt hida∣gia, coraagia, & caruagia, & alia plura de necessitate & ex consensu communitotius regni introducta, & quae ad dominum feudi non pertinent, & de quibus nullus tenetur tenen∣tē suū acquietare, nisi se adhoc speci∣aliter obligauerit in charta sua. &c.

Cordiner, commeth of the French (cordoüannier. i. sutor cal∣cearius) a shoomaker, and is so v∣sed in diuers statutes. as anno. 3. H. 8. ca. 10, & anno. 5. eiusdem. ca. 7. and others.

Cornage (cornagium) commeth of the French (cor. i. cornu) and in our common law, signifieth a kinde of grand sergeantie, the seruice of which tenure, is to blow a horne, when any invasi∣on of the northern enemie is perceiued. And by this many men hold their land northward, about the wall, commonly cal∣led the Picts walle. Camd. Bri∣tan. p. 609. hence commeth the word (cornuare) to blow a horn. pupil. oculi, parte. 5. ca. 22. in char∣ta de Foresta. This seruice seemeth to haue proceeded from the Ro∣manes. For I finde (cornicularios) mentioned in the ciuile lawe. viz. li. 1. Cod. de officio diuerso. Iud. 48. lege. 3. &. lib. 12. titulo de ap∣paritoribus praefectorum praetorio. 53. lege. 1. & 3. where Lucas de Penna defineth them (eos qui cor∣nu faciunt excubias militares. And Brissonius. libro. 3. de verbo sig∣nificat. saith thus of them: (hi mi∣litum quoddam genus fuere, qui cor∣niculo merebant, vnde nomen ha∣bent. Where it appeareth by him out of Suetonius, Plinie, and Livie, that the horne was an honour & reward giuen for seruice in war.

Corner tile. See Gutter tile.

Corodye (corodium) commeth of the Latine verb (corrodo) and signifieth in our common lawe, a summe of mony or allowance of meate and drinke due to the king from an abbey, or other house of religion, whereof he is the founder, toward the reasona∣ble

sustenāce of such a one of his seruants, being put to his pensi∣on, as he thinketh good to be∣stowe it on. And the difference betweene a corodie and a pensi∣on seemeth to be, that a corodie is allowed toward the mainte∣nance of any the kings seruants, that liueth in the abbey: a pensi∣on is giuen to one of the kings chaplaines, for his better mainte∣nance in the kings seruice, vntill he may be prouided of a bene∣fice. Of both these read Fitzh. nat. br. fo. 230. 231. 233. who there setteth downe all the coro∣dies and pensions certaine, that any abbey, when they stoode, was bound to performe vnto the king. There is mention also of a corodie in Stawnf. praeroga∣tiue. fo. 44. And this seemeth to be awncient lawe. For in Westm. 2. ca. 25. it is ordeined, that an assise shall lie for a corodie. It is also apparent by the statute. anno. 34. & 35. H. 8. ca. 16. that corodies belonged some time to Bishops from monasteries: & by the new termes of lawe, that a corodie may be due to a com∣mon person by graunt from one to another, or of common right, to him that is founder of a reli∣gious house, not holden in frank almoyn. For that tenure was a dis∣charge of all corodies in it selfe. By which booke it appeareth also, that a corodie is either cer∣taine or vncertaine, and that it may be for life, yeares, in taile, or in fee.

Corodio habendo, is a writ whereby to exact a corodie of any abbey or religious house. See Corodie. See the Register originall. fo. 264.

Coronatore eligendo, is a writte which after the death or dis∣charge of any coroner, is dire∣cted to the shyreeue out of the Chācery, to call togither the free holders of the countie, for the choice of a new coroner, to certi∣fie into the chanceries both the election, and the name of the partie elected, and to giue him his oath. See Westm. 1. ca. 10. and Fitzh. nat. br. fo. 163. and the Re∣gister orig. fo. 177.

Coroner (coronator) is an aun∣cient officer of this land, so cal∣led, because he dealeth wholly for the king and crowne. There be fower of them commonly in euery countie, and they are cho∣sen by the freeholders of the same vpon writ, and not made by leters patents. Crompt. Iurisd. fo. 126. This officer, though now he be some inferiour gentleman, that hath some smattering in the lawe: yet if we looke to the sta∣tute of Westm. 1. ca. 10. we shall finde, that he was wont, and ought to be, a sufficient man: that is, the most wise and dis∣creete knight, that best will and∣may

attend vpon such an office. Yea there is a writ in the Regi∣ster, Nisi sit miles. so. 177. b. where∣by it appeareth, that it was fuf∣ficient cause to remooue a coro∣ner chosen, if he were not a knight, and had not a hundred shillings rent of freehold. And the Lord cheife Iustice of the kings bench, is the soueraigne coroner of the whole realme in person. i. wheresoeuer he remai∣neth. libro assisarum. fo. 49. 5. coron. Coke. li. 4. casu. de Wardens, &c. of the Sadlers. fo. 57. b. His office es∣pecially concerneth the plees of the crowne: but if you will reade at large, what aunciently belonged vnto him: reade Bra∣cton. li. 3. tra. 2. c. 5. de officio corona∣torum circa homicidium. and ca. 6. de officio coronatoris in the sauris inventis. & ca. 6. de officio coronato∣rum in raptu virginium. and ca. 8. de officio coronatorum de pace & pla∣gis. and Britton in his first chap∣ter, where he handleth it at large. Fleta also in his first booke cap. 18. and Andrew Horns mirrour of Iustices. li. 1. ca. del office del coro∣ners. but more aptly for the pre∣sent times, Stawnf. pl. cor. li. 1. ca. 51. Note there be certaine coro∣ners speciall within diuers liber∣ties, as well as these ordinarie officers in euerie countie: as the coroner of the verge, which is a certaine compas about the kings court. whome Crompt. in his iurisd. fo. 102. calleth the co∣roner of the kings house: of whose authoritie see S. Ed. Cokes reportes. lib. 4. fo. 46. a. b. And I know certen charters be∣longing to colledges and other corporations, whereby they are licēsed to appoint their coroner within their owne precincts. Far∣der of this office see also Fitzh. nat. br. fo. 76. A. B. S. Thomas Smith. li. 2. ca. ca. 21. de repub. An∣glo. and Lamb. eirenarcha. li. 4. ca. 3. pa. 380. And the office of the coroner in Scotland. what it is, read M. Iohn. Skene de verbo. sig∣nifi. verbo. Iter.

Corporation (corporatio) is that which the civile law calleth vniversitatem, or collegium. a bodie politique authorised by the kings charter, to haue a common seale, a head officer, one or more, and members able by their common consent, to graunt or to receiue in law any thing within the compas of their charter: euen as one man may doe by law all things, that by lawe he is not forbidden: and bindeth the successours, as a sin∣gle man bindeth his executour or heyre. See Brokes his abridg∣ment. titulo Corporation, and the newe Tearmes of lawe. eo∣dem.

Corpus cum causa, is a writ issuying out of the Chauncerie, to remoue both the bodie and

the record touching the cause of any man lying in execution, vpō a iudgement for debt into the Kings bench, &c. there to lye vn∣till he haue satisfied the iudge∣ment. Fitzh. nat. br. fol. 25••. E.

Corrector of the staple, is an offi∣cer or clerke belonging to the staple, that writeth and recor∣deth the bergains of Merchants there made, anno 27. Ed. 3. stat. 2. cap. 22. & 23. The Romanes called them Mensarios.

Corruption of blood, is an infe∣ction growing to the estate of a man attainted of felonie or trea∣son, and to his issue. For as he leeseth all to the Prince, or o∣ther lord of the fee, accordingly as his case is, so his issue cannot be heires to him, or to any other auncester, of whom they might haue claimed by him. And farder if he were noble, or a gentleman before, he and his children are made vnnoble and vngentle in respect of the father. Newe Tearmes of the lawe.

Corse present, are words bo∣rowed from the French, signify∣ing a mortuarie. anno 21. H. 8. ca. 6. The true French is (corps prae∣sentè) i. the bodie presented or tendered. The reason why the mortuarie is thus also tearmed, seemeth to be, for that where a mortuarie was wont to be due, the bodie of the best beast was according to the law or custome offered or presented to the priest.

Corselet, is a French word sig∣nifying a litle bodie, in Latine (corpusculum.) It is vsed with vs, for an armor to couer the whole bodie, or trunke of a man. anno 4. & 5. Ph. & Mar. cap. 2. where with the pikemen, com∣monly set in the front and flanks of the battaile, are armed, for the beter resistance of the enemies assaults, and the surer guard of the gunners placed behind or within them, being more sleight∣ly armed, for their speedier issu∣ing in and out to discharge their peeces. See Barrets discourse of Warre. lib. 3. dialog. 2.

Cofenage, (cognatione) is a writ, that lyeth where the tresaile (that is, tritavus, the father of the besaile, or of the great grandfa∣ther) is seysed in his demesn as of see, at the day of his death, of certaine lands or tenements, and dyeth: and then a straunger en∣treth and abateth. For then shall his heyre haue this writ of cose∣nage: the forme whereof see in Fitz. nat. br. fol. 221. Of this also reade Britton at large. cap. 89.

Cosening, is an offence vnna∣med, whereby any thing is done guilefully in or out of contracts, which cannot be fitly termed by any speciall name. West. parte. 2. simbolaeogr. titulo. Indictments. sect. 68. It is called stellionaius in the ciuile lawe of (stellio) the

beast, which is lacertae genus vir∣sutissimum, as Cuiacius in his pa∣ratitles calleth it, and, quo nullum animal homini invidet fraudulenti∣us. Plinie li. 3. ca. 10.

Cotage (cotagium) is a house without land belonging vnto it. anno. 4. Ed. pri. statut. primo. And the inhabitant of such a house is called a cotager. But by a later statute, no man may builde a co∣tage, but he must lay 4. acres of ground vnto it. 31. Eli. ca. 7.

Cote, is a kind of resuse wolle clung or clotted together, that it cannot be pulled asunder. anno. 13. R. 2. stat. 1. ca. 9. It signifieth also as much as cotage in many places, as also it did among the Saxons. Verslegan in his Restitut. of decayed intelligēce in antiquities.

Covenable (rationabilis) is a French word, signifying fitte or convenient, or suteable. covena∣bly endowed anno. 4. H. 8. ca. 12. It is aunciently written (conve∣nable) as in the stat. an. 27. Ed. 3. stat. 2. ca. 17.

Couenāt, conuētio, is the consēt of two or more in one self thing, to doe or giue somwhat. West. part. 2. symbol. li. 1. sect. 4. It seemeth to be as much as (pactum. conven∣tum) with the ciuilians. which you read often times in Tullie. Pactum conuentum, quod & vulgo vestitum vocant, opponitur nudo pacto, velut ab omni iuris solennita∣te destituto. Huius exempla ponere difficile esse Iason existimavit. Con∣ventum aiunt, quod vestitur, aut re, aut verbis, aut literis, aut contractus cohaerentiâ, aut rei interuentu. Ol∣dendorpius. And couenant in this signification, is either a cove∣nant in lawe, or a couenant in fact. Coke. lib. 4. Nokes case. fo. 80. or couenant expresse & coue∣nant in lawe. idem. li. 6. fo. 17. ae. Couenant in law is that, which the law intendeth to be made, though in words it be not ex∣pressed: as if the lessour doe di∣mise and graunt, &c. to the leas∣see for a certaine tearme, the lawe intendeth a couenant of the lessours part, that the lessee shall, during his whole terme, quietly inioy his lease against all lawfull encumbrance. Covenant in fact is that, which is expresse∣ly agreed betweene the parties. There is also a couenant meerely personall, and a couenant reall. Fitz. nat. br. fo. 145. And he see∣meth to say, that a couenant re∣all is, whereby a man tieth him∣selfe to passe a thing reall, as land or tenements, as a coue∣nant to levie a fyne of land, &c. a couenant meerely personall of the other side, is where a man couenanteth with another by deede, to build him a house, or a∣ny other thing, or to serue him, or to infeoffe him &c. Couenant is also the name of a writ, for the which see Conuentione. Instru∣ments

of couenants you may see good store in West parte. i. Sym∣bolaeog. li. 2. sectio. 100. See also the new booke of entries. verbo. Couenant.

Couent, (conuentus) signifieth the society or fraternity of an abbie or priorie, as (societas) sig∣nifieth the number of fellowes in a colledge. Bracton. li. 2. ca. 35. It commeth of the french (conuent. i. coenobium).

Couerture, is a french word signifying any thing that coue∣reth, as apparell, a couerlet, &c. and deduced from the verb (cou∣vrer. i. tegere) It is particularly ap∣plied in our common lawe, to the estate and condition of a maried woman, who by the lawes of our realme, is in (potesta∣te viri) and therefore disabled to contract with any, to the pre∣iudice of her selfe or her hus∣band, without his consent and priuity; or at the least, without his allowance and confirmation. Broke. hoc tit. per totum. And Bracton saith, that omnia quae sunt vxoris, sunt ipsius viri, nec habet vxor potestatem sui, sed vir. li. 2. ca. 15. and that (vir est caput mu∣lieris) li. 4. ca. 24. and againe, that in any law mater, sine viro respondere non potest. li. 5. tract. 2. ca. 3. and tract. 5. ca. 25. eiusdem libri. he hath words to this effect: vir & vxor sunt quasi vnica per∣sona: quia caro vna & sanguis v∣nus. Res licet sit propria vxoris, vir tamen eius custos, cùm sit caput mulieris. and li. 1. ca. 10. nu. 2. Vxo∣res sunt sub virga viri. And if the husband alienate the wifes land, during the mariage, shee cannot gainesay it during his life. See Cui ante diuortium. and Cui in vita.

Covine, (covina) is a deceitfull assent or agreement betweene two or more, to the preiudice or hurt of another. New tearms of lawe. It commeth of the french verb (conuenancer. i. depacisci.) or rather (conuenir. i. conuenire.)

Cowcher, signifieth a factour that continueth in some place or country for trafique. anno. 37. Ed. 3. ca. 16. It is vsed also for the generall booke, into which any corporation entreth their particular acts for a perpetuall remembrance of them.

Counte, cōmeth of the french (coumpte. i. subductus, cōputatio, ra∣tio) or of (cōte. i. narratio.) It signi∣fieth as much as the originall de∣claratiō in a proces, though more vsed in reall actions then perso∣nall, as declaration is rather ap∣plied to personall then reall. Fitzh. nat. br. fo. 16. A. 60. D. N. 71. A. 191. E. 217. A. (Libel∣lus) with the ciuilians compre∣hendeth both. And yet count and declaration be confounded sometimes; as count in debt. Kitchin: fo. 281. count or declara∣tion in appeale. pl. cor. fo. 78.

Count in trefpasse. Britton. cap. 26 count in an action of trespasse vpon the case for a slaunder. Kit. fol. 252. This word seemeth to come from France & Normandy. For in the grand Custumarie, c. 64. I find (conteurs) to be those, which a man setteth to speake for him in court, as aduocates: & cap. 63. (pledeurs) to be another sort of spokes men, in the nature of Atturneys, for one, that is him selfe present, but suffereth ano∣ther to tell his tale. Where also in the 65. chapter, Atturney is said to be he, that dealeth for him that is absent. See this text and Glosse vpō those 3. chapters. Countours (by Horn in his Myrror of Iustices. li. 2. ca. Des loyers) are Sergeants skilfull in the lawe of the Realme, which serue the cō∣mon people, to pronounce and defend their actions in iudge∣ment for their fee, when occasiō requireth: whose duty, if it be as it is there described, and were obserued, men might haue much more comfort of the lawe then they haue.

Countenance, seemeth to be v∣sed for credit or estimation, old na. br. fol. 111. in these words: Al∣so the attaint shall be graunted to poore men that will sweare, that they haue nothing whereof they may make fine, sauing their countenance, or to other by a reasonable fine. So is it vsed, anno 1. Ed. 3. stat. 2. cap. 4. in these words: Shyreeues shall charge the kings depters with as much as they may leuie with their oathes, without abating the depters countenance.

Cownter (computatorium) fee∣meth to come of the Latin (com∣putare) or the French (counter.) For we vse it for the name of a prisō, wherinto he that once slippeth, is like to accompt ere he get out.

Counter plee, is compounded of two French words (contre. i. con∣tra, adversus) and (pleder. i. causam agere.) It signifieth properly in our common lawe, a replication to (ayde prier.) For when the te∣nent by courtesie, or in dower, prayeth in ayde of the king, or him in the reuersion, for his beter defence: or else if a stranger to the action begun, defire to be receiued to say what he can for the safegard of his estate: that which the demandant alledgeth against this request, why it shuold not be admitted, is called a coun∣ter plee. See Broke〈…〉〈…〉t. And in this signification it is vsed. anno. 25. Ed. 3. st at. 3. cap. 7. See also the new termes of the law, and the statute anno 3. Ed. 1. cap. 39.

County, (comitatus) signifieth as much as (shire,) the one descen∣ding from the French, the other from the Saxons, both contei∣ning a circuit or portion of the realme, into the which the whole

land is diuided, for the beter go∣uernment thereof, and the more easie administration of iustice. So that there is no part of the king∣dome, that lieth not within some countie, and euery county is go∣uerned by a yerely officer, whom we cal a Shyreeue, which among other duties belonging to his of∣fice, putteth in execution all the commandements & iudgments of the kings courts, that are to be executed within that compasse. Fortescue cap. 24. Of these coun∣ties there be foure of especiall marke, which therefore are tear∣med countie Palatines, as the county Palatine of Lancaster, of Chester, of Durham, & of Ely, ann. 5. Eliz. 1. c. 23. I read also of the county Palatine of Hexam. an. 33 H. 8. ca. 10. Vnde quaere. And this county Palatine is a Iurisdiction of so high a nature, that whereas all plees touching the life or mayhem of man, called plees of the crowne, be ordinarily held & sped in the kings name, & cannot passe in the name of a∣ny other; the chiefe gouerners of these, by especiall charter from the king, did heretofore send out all writs in their owne name, and did all things touching iustice, as absolutely as the Prince himself in other counties, only acknow∣ledging him their superiour and Soueraigne. But by the statute. anno 27. H. 8. c. 25. this power is much a bridged, vnto the which I refer the reader, as also to Crom. Iuris. fo. 137. for the whole course of this court. Besides these coun∣ties of both sorts, there be like∣wise counties corporate, as ap∣peareth by the statute. anno 3. Ed. 4. 5. and these be certaine ci∣ties, or auncient boroughs of the land, vpon which the Princes of our nation haue thought good to bestow such extraordi∣nary liberties. Of these the fa∣mous city of London is one, and the principall, Yorke another, an. 32. H. 8. cap. 13. the city of Che∣ster a third, an. 42. Eliz. cap. 15. Canterburie a fourth. Lamb. Eiren. l. 1. cap. 9. And to these may be added many moe: but I haue onely obserued out of the sta∣tutes & other writers, the coun∣ty of the towne of Kingston vpon Hull, anno 32. H. 8. cap. 13. the county of the towne of Havor∣ford. West. anno 35. H. 8. cap. 26. and the county of Litchfield. Cromptons Iustice of peace. fo. 59. a. County is in another significatiō vsed for the County court, which the Shyreeue keepeth euery moneth within his charge either by himselfe or his depu∣tie, anno 2. Ed. 6 ca. 25. Cromptons Iuris. fo. 221. Bract. li. 3. c. 7. & li. 3. tract. 2. cap. 12. Of these coun∣ties or shires one with another, there are reckoned in England 37. beside twelue in Walet.

〈1+ pages missing〉〈1+ pages missing〉

〈…〉〈…〉. The word (comita∣tus) is also vsed for a iurisdiction or territorie among the Feudists.

Countie court (curia comitatus) by M. Lamberd is otherwise cal∣led (conuentus) in his explication of Saxon words, and diuided into two sorts: one retaining the generall name, as the county court held euery moneth by the Shyreeue, or his deputie the vn∣der-shyreeue, whereof you may reade in Cromptons iurisd. fol. 231. the other called the Turne, held twice euery yeare, which see more at large in his place: and Cromptons Iurisd. fol. 231. This countie court had in auncient times the cognition of these and other great maters, as may appeare by Glanvile. lib. 1. cap. 2 3. 4. by Bracton and Britton in diuers places, and by Fleta. li. 2. cap. 62. But that was abridged by the statute of Magna charta. cap. 17. and much more by 1. Ed. 4. cap. vnico. It had also, and hath the determination of cer∣taine trespasses, and debts vnder forty shillings. Britton. cap 27. & 28. what maner of proceeding was of old vsed in this court, see Fleta vbi supra.

Coursitour. See Cursetour.

Court (curia) commeth of the French (court) which signifieth the kings palace or mansion, as (curtis) doth among the Lom∣bards. All these spring of the La∣tine (curia) which signifieth one of thirty parts, into which Ro∣mulus diuided the whole num∣ber of the Romaines: sometime also the Senate house, as appea∣reth by Tully in his Offices (ni∣hil est quod dignum nobis, aut in foro aut in curia agere possumus: which in his oration (pro Milone) he calleth, Templum sanctitatis, am∣plitudinis, mentis, consilii publici, caput vrbis, &c. Court, with vs, signifieth diuersly: as the house where presently the king remai∣neth with his ordinarie retinue, and also the place where iustice is iudicially ministred: of which you finde 32. seueral sorts in M. Cromptons booke of Iurisdictions well described. And of them most be courts of record: some be not, and therefore are ac∣compted base courts in compa∣rison of the rest. Beside these al∣so there are courts Christian. Smith de repub. Anglor. lib. 3. cap. 9. which are so called, because they handle maters especially appertaining to Christianitie, and such as without good know∣ledge in diuinity cannot be well iudged of, being held heretofore by Archb. and Bishops, as from the Pope of Rome: because he chalenged the superioritie in all causes spirituall: but sithence his eiection, they hold them by the kings authoritie (virtue magi∣stratus sui) as the Admirall of England doth his court. Where∣upon

it proceedeth, that they send out their precepts in their owne names, and not in the kings, as the Iustices of the kings courts doe. And therefore as the appeale from these courts did lie to Rome: now by the statute an. 25. H. 8. cap. 19. it lyeth to the king in his Chauncerie.

Court baron (curia baronis) is a court that euery lord of a ma∣ner (which in auncient times were called barons) hath within his owne precincts. Barons in o∣ther nations haue great territo∣ries and iurisdiction from their Soueraignes: as may be proued out of Cassanaeus de gloria mundi. parte 5. consideratio. 56. by Vin∣centius de Franchis descis. 211. and many others. But here in En∣gland what they be, and haue bene heretofore, see in Baron. Of this court Baron you may reade your fill in Kitchin, that wri∣teth a large booke of it, and of a court leete. S. Edward Coke in his fourth booke of Reports, a∣mongst his copyhold cases. fol. 26. b. saith, that this court is two after a sort: and therefore if a man hauing a maner in a towne, and do graunt the inheritance or the copyholders thereunto be∣longing, vnto another: this grantee may keep a court for the custumarie tenents, and accept surrenders to the vse of others, and make both admittances and graunts: the other court is of Freeholders, which is properly called the court baron, wherein the suyters, that is, the Freehol∣ders be Iudges: whereas of the other the Lord or his steward is Iudge.

Court christian (curia christiana) See Court.

Court of Pypowders. See Py∣powders.

Court of Requests (curia reque∣starum) is a court of equitie, of the same nature with the Chan∣cerie, principally instituted for the helpe of such petitioners, as in conscionable cases deale by sup∣plication with his Maiestie. This court, as M. Gwin saith, in the preface to his readings, had be∣ginning from commission first graunted by Henry the 8. to the masters of Requests: whereas be∣fore that time (by his opinion) they had no warrant of ordinary iurisdiction, but trauelled be∣tweene the king and the petitio∣ner by direction from the kings mouth. But Sir Iulius Caesar in a Tractate of his, painefully and very iudiciously gathered from the records of the same court, plainely sheweth that this court was 9. Henrici septimi, though then following the king, and not setled in any certaine place, neither swayed particularly by the Masters of requests, (as now it is) but more at large by others

of the kings most Honourable Councell, whom he pleased to employ in this seruice. For pag. 148. of the said Tractate, you haue the forme of the oath then ministred to those that were Iud∣ges in this court: and à pag. prim. vsque ad pag. 46. causes of diuers natures, which in the said kings dayes were there handled and adiudged. This court, as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth, was and is parcell of the kings most Honorable Councell, and so alwaies called and esteemed. The Iudges thereof were alwaies of the kings most Honourable Councell, appointed by the king to keepe his Councell board. The keeping of this court was neuer tyed to any place certaine, but onely where the Councell sate, the suyters were to attend. But now of late for the ease of sui∣ters, it hath bene kept in the White hall at Westminster, and onely in the Tearme time. It is a court of Record, wherein recog∣nizances are also taken by the kings Councell. The forme of proceeding in this court, was al∣together according to the pro∣cesse of summarie causes in the ciuile lawe. The persons plain∣tiffes and defendants, were al∣waies either priviledged, as offi∣cers of the court, or their ser∣vants, or as the kings seruants, or as necessarie attendants of them: or else where the plain∣tiffes pouertie, or meane e∣state was not matchable with the wealth or greatnesse of the defendant: or where the cause meerely contained mater of equitie, and had no proper remedie at the common law: or where it was specially re∣commended from the king to the examination of his Councell: or concerned Vni∣uersities, Colledges, Hospitals, and the like. The causes wher∣with they deale, and wherof they iudge, are of all sortes: as maritime, vltra marine, eccle∣siasticall, temporall; but pro∣perly temporall causes, and onely of the other sort, as they are mixt with temporal. The maner of proceeding in the said court, is first, by pri∣vie seale, leters missiue, or Iniunction, or messenger, or bond. Secondly, by attache∣ment. Thirdly, by proclamati∣on of rebellion. Fourthly, by commission of rebellion: fift∣ly, by Sergeant at armes. The effect of the defendants ap∣parence is, that he attend de die in diem on the councell, till he haue made his answer to the plaintiffes bill, and be licenced to depart vpon cau∣tion de iudicio sisti & indicato

solvendo, and constitution of his Atturney and councell by name. The authoritie of this court is such, as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe: and to stay the suyte at the common lawe before commencement, and not to arrest the bodie of the plain∣tiffe, till furder order be taken by the Kings councell: and the execution of a decree in this court may be done, either by imprisonment of the person dis∣obeying, being partie, or clai∣ming vnder the partie: or by le∣vie of the summe adiudged vp∣pon his lands.

Courtesie of England (lex An∣gliae) commeth of the french (Courtesie. i. benignitas, humani∣tas) but with vs hath a proper signification, being vsed for a tenure. For if a man marie an inheretrice, that is, a woman sei∣sed of land in fee simple, or fee taile generall, or seised as heire of the taile speciall, and getteth a childe of her that commeth a∣liue into the world, though both it and his wife die forthwith, yet, if she were in possession, shall he keepe the land during his life, and is called tenent per legem Angliae, or by the courtesie of England. Glanvil. li. 7. ca. 18. Bracton. li. 5. tracta. 5. ca. 30. nu. 7. 8. 9. Britton. ca. 51. fo. 132. Fleta. li. 6. ca. 56. §. lex quaedam. Fitzh. nat. br. fo. 149. D. Litle∣ton. li. 1. ca. 4. It is called the law of England. Westm. 2. ca. 3. This is in Scotland called (curialitas Scotiae. Skene de verbo. sign. verbo Curialitas: who there saith that this is vsed in these two realmes onely, and maketh a large dis∣course of the custome.

Coutheutlaughe, is he that wit∣tingly receiueth a man outlawed, and cheriseth or hideth him. In which case he was in auncient times subiect to the same punish∣ment, that the outlawe himselfe was. Bracton. li. 3. tracta. 2. ca. 13. nu. 2. It is compounded of (couthe. i. knowne, acquainted, familiar, and (vtlaughe) an out∣law, as we now call him.

Courtilage, aliâs curtilage (cur∣tilagium, aliâs curtilegium) signi∣fieth a garden, a yard, or a feeld, or peece of voide ground lying ne ere and belonging to a mesu∣age, West. parte. 2. Symbolaeo. ti∣tulo fines. sect. 26. And so is it v∣sed anno. 4. Ed. i. ca. vnico. anno. 35. H. 8. ca. 4. & anno. 39. E∣liza. ca. 2. and Coke vol. 6. fo. 64. a. Of this also Lindwood thus writeth. Curtilegium vulgare no∣men est, non omnium patriarum, sed certarum. Est enim curtis mansio vel manerium ad habitandum cum terris, possessionibus, & aliis emolu∣mentis ad tale manerium pertimen∣tibus,

prove satis colligitur in libro feudorum, titulo. de controuersia in∣vestiturae. § si quis de manso. Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti, vbi leguntur herbae vel olera: sic dictus a (curtis) & (lego legis) pro collig ere. Thus farre Linwood. titulo de decimis. ca. Sancta. §. omnibus, verbo Curte∣legiorum. So that in effect, it is a yard or a garden adioyning to a house.

Creansour, (creditor) commeth of the french (croyance. i. persua∣sio) and signifieth him, that trust∣eth another with any debt, be it in mony or wares. Old nat. br. fo. 67.

Cranage, (cranagium) is a li∣berty to vsea crane for the draw∣ing vp of wares from the vessels, at any creek of the sea or wharfe, vnto the land, and to make profit of it. It signifieth also the mony paide and taken for the same. New booke of Entries. 〈◊〉〈◊〉. 3. col. 3.

Creeke, (creca, crecca, vel cre∣cum) seemeth to be a part of a hauen, where any thing is lan∣ded or disburdened out of the sea. So that when you are out of the mayne sea within the ha∣uen, looke how many landing places you haue, so many creeks may be said to belong to that hauen. See Cromptons iurisdicti∣ons. fo. 110. a. This word is mencioned in the statute, as anno 5. El. ca. 5. and diuers others.

Creast Tile. See Roofe tile.

Croft, (croftum) is a litle close or pitle ioyning to a house, that sometimes is vsed for a hemp ground, sometime for corne, and sometime for pasture, as the owner listeth. It seemeth to come of the ould english word (Creaft) signifiing handy craft: because such groundes are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner.

Croises, (cruce signati) be vsed by Britton. ca. 122. for such as are pilgrimes: the reason may be, for that they weare the signe of the crosse vpon their garments. Of these and their priuileges reade Bracton. li. 5. parte 2. ca. 2. & parte 5. ca. 29. and the grand custumary of Normandy ca. 45. Vnder this word are also signifi∣ed the knights of the order of Saint Iohn of Ierusalem, created for the defence of pilgrims. Gre∣go. Syntag. li. 15. ca. 13. & 14.

Cucking stoole, (tumbrella) is an engine inuented for the punish∣ment of scolds and vnquiet wo∣men, called in auncient time a tumbrell. Lamb. eirenarcha. li. 3. ca. 12. po. 62. in meo. Bracton writeth this word (tymborella.) Kitchin, where he saith, that

euery one hauing view of Erank∣pledge, ought to haue a pillorie and a tumbrell, seemeth by a tumbrell to meane the same thing. cap. Charge in court leete. fol. 13. a.

Cuth, other vncuth (privatus vel extraneus.) These be old En∣glish words, not yet worne out of knowledge, for the which see Roger Hoveden. parte poster. suo∣rum annalium. fol. 345. a.

Cudutlaghe. See Conthut∣laughe.

Cui ante divortium, is a writ, that a woman diuorced from her husband, hath to recover lands or tenements from him, to whome her husband did alienate them during the mariage: be∣cause during the mariage, she could not gainesay it. Regist. ori. fol. 233. Fitzh. nat. br. fol. 204.

Cuinage, is a word vsed for the making vp of tinne, into such fashion, as it is commonly fra∣med into for the cariage thereof into other places, anno 11. H. 7. cap. 4.

Cui in vita, is a writ of entrie, that a widow hath against him, to whome her husband aliened her lands or tenements in his life time: which must containe in it, that during his life time, she could not withstand it. Regist. o∣rig. fol. 232. Fitz. nat. br. fol. 193. See the newe booke of Entries. ver ho. Cut in vita.

Cuntey cuntey is a kind of triall, as appeareth by Bracton in these words: Negotium in hoc casu ter∣minabitur per cuntye cuntey, sicut inter cohaeredes. Bracton. lib. 4. tra. 3. cap. 18. And againe, in the same place: In brevi de recto nego∣tium terminabitur per cuntey cuntey. And thirdly, lib. 4. tract. 4. cap. 2. Terminabitur negotium per breve de recto: vbi nec duellum, nec mag∣na assisa, sed per cuntey cuntey om∣nino: which in mine opinion is as much, as the ordinarie Iurie.

Curfew, commeth of two French words, (couvrir. i. tegere,) and (feu. i. ignis.) We vse it for an euening peale, by the which the Conquerour willed euery man to take warning for the ra∣king vp of his fire, and the put∣ting out of his light. So that in many places at this day, where a bell customably is rung toward bed time, it is said to ring cur∣few. Stowes annals.

Curia avisare vult, is a delibe∣ration, that the court purposeth to take, vpon any point or points of a cause, before iudgement be resolued on. For this, see the new booke of Entries. verbo. Curia avisare vult.

Curia claudenda, is a writ, that lyeth against him, who should fence and close vp his ground, if he refuse or deferre to doe it.

Register. orig. fo. 155. Fitzh. nat. br. fo. 127. See also the newe booke of Entrise. verbo. Curia clauden∣da.

Cursiter (clericus de cursu, vel cursista curiae cancellariae) is an offi∣cer or clerke belonging to the chancerie, that maketh out ori∣ginall writs. anno. 14 & 15. H. 8. ca. 8. They be called clerks of course in the oathe of the clerks of the chancerie appointed anno 18. Ed. 3. stat. 5. ca. vnico. There be of these 2••. in number, which haue allotted vnto every of them certaine shires, into the which they make out such ori∣ginall writs, as are by the subiect required, and are a corporation among themselues.

Curteyn (curtana) was the name of king Edward the sainct his sword, which is the first sword, that is caried before the kings of this land at their coto∣nation. Mathaeus Parisiensan Hen∣rico tertio. And I haue heard say, that the point thereof is broken: which may argue an embleme of mercie.

Curtilage. See Courtelage.

Custode admittendo, & Custode amouendo, are writs for the ad∣mitting or remouing of gardi∣ans. Register. original. in indice.

Custom (consuctudo) is all one in signification with our com∣mon lawyers and Civilians, be∣ing by them both accounted a part of the lawe. Consuetudo quando{que} pro lege seruatur (faith Bracton) in partibus vbi fuerit more vtentium approbata. Longaevi enim temporis vsus & consuetudinis non est vilis authoritas. li. 1. ca. 3. It may be thus not vnaptly defined: Custom is a lawe. or right not written, which being established by long vse and the consent of our awncesters, hath beene and is daily practised: our awnce∣sters, that is (maiores,) and those of our kindred that are vltra tri∣tavum. li. 4. §. parentem. Π. de in ius vocando. l. vlt. §. parentes. Π. de gra∣dibus & affini. & nominibus eo∣rum. So that allowing the father to be so much owlder then his sonne, as (pubertas) or the years of generation doe require, the grandfather so much elder then him, and soe forth vsque ad trita∣vum: we cannot say that this or that is a custom, except we can iustifie, that it hath continued so one hundred yeares. For tritavus must be so much elder then the party that pleadeth it: yet because that is hard to proone: it is e∣nough for the profe of a custom by witnesses in the common lawe (as I haue credibly heard) if two or more can depose, that they heard their fathers say, that it was a custome all their time, and that their fathers heard their fathers also say, that it was like∣wise a custome in their time. If it

be to be prooved by record, the continuance of a hundred yeares will serue. Custom is either ge∣nerall or particular: generall I call that, which is current tho∣rough England: whereof you shall read diuers in the Doctor and Student. li. pri. ca. 7. very worthy to be knowne. Particu∣lar is that, which belongeth to this or that countie, as Gavelkind to Kent, or to this or that Lord∣ship, citie, or towne. Custom differeth from prescription, for that custom is common to more, and prescription (in some mens opnion) is particular to this or that man. Againe, pre∣scription may be for a farre shorter time then a custom, viz. for fiue yeare, or for one yeare, or lesse. Example of fiue yeares pre∣scription you haue in the levy∣ing of a fine. For if a fine duly le∣vied of lands & tenements be not impugned within fiue yeres, it excludeth all claime for euer. And if a man omit his continu∣all claime for a yeere and a day: then the tenent in possession prescribeth an immunity against the entrie of the demandant and his heyre. Fitzh. nat. br. fo. 79. Terms of the law, verbo. Continu∣all clayme. Out of our statutes you may haue greater diuersitie, which see collected in mine Insti∣tutes. titulo de Vsucapio: & longi tempo. praescript. So that Brissonius in his 14. de verbo fignif. seemeth to say truly, that prescription is an exception founded vpon so long time runne and past, as the lawe limiteth for the pursuite of any action. An example may be taken from those statutes. anno. 1. H. 8. ca. 4. which inacteth, that in all actions populer, informati∣on shall be made within three yeares after the offence com∣mitted, or els be of no force. Of like nature is the statute. anno 7. H. 8. ca. 3. which in some ca∣ses maketh one yeeres prescrip∣tion sufficient against informa∣tions. Custome is also vsed for the tribute or tolle, that mer∣chans pay to the king for cary∣ing in and out merchandise. anno 14. Ed. 3. stat. 1. ca. 21. in which signification it is latined (custu∣ma) Register. orig. fo. 138. a. 129. a. and lastly for such seruices, as tenents of a maner owe vnto their lord. New booke of en∣tries, verbo Custome.

Customary tenents, (tenentes per consuetudmem) are such tenents, as hould by the custome of the maner, as their especiall eui∣dence, See Copihoulds.

Custos breuium, is the princi∣pall clerk belonging to the court of common plees: whose office is to receiue and keepe all the writs, and put them vpon files, euery returne by it selfe, and at the end of euery terme to receiue

of the protonotaries all the re∣cords of (Nisiprius) called the (postea) For they are first brought in by the clerk of assise of euery circuit to the protonotarie that entred the issue in that mater, for the entring of the iudgement. And then doe the protonotaries get of the court peremptory day, for euery party to speake what he hath to alleage in arrest of iudgement: which day being past, he entreth the verdict and iudgement thereupon into the rols of the court: and that done, he doth in the end of the tearme deliuer ouer to the custos breuium, all the records of (Nisi prius) which came to his hand that terme: which receiued he bind∣eth into a bundle and bestoweth them. The custos breuium also ma∣keth entry of the writs of coue∣nant, and the concord vpon e∣uery fine: and maketh forth ex∣emplifications and copies of all writs and records in his office, and of all fines leuied. The fines after they be ingrossed, the parts therof are diuided betwen the custos breuium and the chiro∣gropher: whereof the chirogropher keepeth alwaies with him the writ of couenant and the note, the custos breuium keepeth the concord and the foote of the fine, vpon the which foote the chirographer doth cause the proclamations to be indorsed, when they be all proclaymed. This office is in the princes gift.

Custos placitorum coronae. Bra∣cton. li. 2. ca. 5. This seemeth to be all one with him, whome we nowe call (custos rotulorum) of this officer I finde mention in the writ (odio & atia) Register. original. fo. 133. b.

Custos rotulorum, is he, that hath the custodie of the rols or records of the sessions of peace: and (as some thinke) of the com∣mission of the peace it selfe. Lamb. Eirenarch. li. 4. ca. pa. 3. 373. He is alway a Iustice of Peace and Quorum, in the coun∣tie where he hath his office. I∣dem. eodem. and by his office he is rather termed an officer or minister then a iudge: because the commission of the peace layethe, by expresse words this especiall charge vpon him: quòd ad dies & locapraedicta, breuia, prae∣cepta, processus, & indictamenta praedicta coramte & dictis sociis tu∣is venire facias. Idem. eodem. where read a competent tract of other things belonging to this office.

Custos of the spiritualties (custos spiritualitatis vel spiritualium) is he that exerciseth the spirituall or ecclesiasticall iurisdiction of any dioces, during the vacancie of the See: the appointment of whome by the canon lawe ap∣perteineth

to the deane and chapter. ca. ad abolendam, Extra. Ne sede vacante aliquid innove∣tur. but with vs in England to the Archbishop of the province by prescription. How be it di∣vers deanes and chapters (if M. Gwin say truly in the preface to his readings) doe chalenge this by awncient charters from the kings of this land.

Cutter of the talyes, is an offi∣cer in the exchequer, that provi∣deth wood for the talyes, and cutteth the summe paid vpon them, and then casteth the same into the Court to be written vpon.

DA

DAmmage, commeth of the french (dam) or (domage) signifiing generally any hurt or hinderance, that a man taketh in his estate: But in the com∣mon lawe, it particularly signi∣fieth a part of that the Iurours be to inquire of, passing for the plaintiffe or demandant in a ciuile action, be it personall or reall. For after verdict giuen of the principall cause, they are likewise asked their con∣sciences touching costs (which be the charges of suite, called of the Civilians (expensae litis) and dammages, which conteine the hindrance that the plaintiffe or demandant hath suffered by meanes of the wrong done to him by the defendant or te∣nent.

Dane guilt, Danegold, or Da∣negelt (Danegeldum) is com∣pounded of (Dane and gelt. i. pe∣cunia) and was a tribute laide vpon our ancesters of 12. pence for euerie hide of land through the realme by the Danes, that once got the masterie of vs, in regard (as they pretended) of clearing the sease of pyrates, which greatly annoyed our land in those daies. Cambd. Brittan. 83. with whome agree the lawes of Edward set out by M. Lamberd. ca. 11. Stowe in his annals, pa. 118. saith, that this tribute came to 40000. pownds by the yeare, and that it was released by Edw. the confessour. The author of the newe Terms of law saith, that this tribute began in the time of king Etheldred, who being sore di∣stressed by the continuall inua∣sion of the Dane, to procure his peace, was compelled to charge his people with importable payments. For first he gaue them at fiue severall paiments 113000. poundes, and afterward graun∣ted them 48000. poundes yeere∣ly. See Roger Houeden parte. poster. suorum annalium in Henrico secun∣do. fo. 344. a.

Dareyn continuance, See Conti∣nuance. Darein is a corrupt word

of the French (dernier. i. vlti∣mu••.)

Darrein presentment (vltima praesentatio.) See Assise or darreyn presentment.

Dates (dactyli) is the plumme or fruite of the tree in latine cal∣led palma, in english the Date tree well knowne to most men by sight. And he that will farder vnderstand the nature or diuersi∣ties of this fruite, may repaire to Gerards herball. li. 3. ca. 131. They be numbred among spices and drugs to be garbleled. 1. Iaco. 19.

Day (dies) is sometime vsed in the lawe, for the day of appea∣rance in court, either originally, or vpon assignation; and some∣time for the returnes of writs. For example, daies in bank, be daies set downe by statute or or∣der of the court, when writs shall be returned, or when the partie shall appeare vpon the writ serued. And of this you may read the statutes, anno 51. H. 3. ca. 1. & 2. Marlb. ca. 12. anno. 52. H. 3. and the statute de anno bissextili. anno 21. H. 3. and lastly anno 32. H. 8. ca. 21. To be dis∣missed with out day, is to be fi∣nally discharged the court. Kit∣chin. fo. 193. He had a day by the rolle. Kitchin. fo. 197. that is, he had a day of appearance assigned him. Day, yeere, and waste. Sea Dies, and yeare.

Deadly feude (feuda) is a pro∣fession of an vnquencheable ha∣tred, vntill we be reuenged, euen by the death of our enemie. It is deduced from the German word (Feed) which, as Hotoman saith, in verbis feudalibus, modo bellum, modo capitales inimicitias significat. This word is vsed. anno. 43. Eliz. cap. 13.

Dead pledge (mortuum vadium) See Mort gage.

Deane, (decanus) is an eccle∣siasticall magistrate, so called of the greeke (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) because he hath power ouer ten Canons at the least. How be it in England we vse to call him a deane, that is next vnder the bishop, and cheife of the chapter ordinarily in a cathedrall church: and the rest of the societie or corporati∣on we call Capitulum, the chap∣ter. But this word how diuersly it is vsed, read Lindwood. titulo de iudiciis ca. pri. verbo Decanirura∣les. where deane rurals are saide to be certaine persons that haue certaine jurisdiction ecclesiasti∣call ouer other ministers and parishes neere adioyning, assig∣ned vnto them by the Bishop and archdeacon, being placed & displaced by them. As there be two foundations of cathedrall churches in England, the old, & the new (the new bethose which Henry the 8. vpon suppression of abbeyes transformed from

abbot or prior & couēt to deane and chapter) so be there two meanes of creating these deanes. For these of the old foundation, are brought to their dignitie much like Bishops: the king first sēding out his congè d' eslire to the chapter, the chapter then chusing, the king yeelding his royal assēt, and the Bishop confirming him, and giuing his mandate to in∣stalle him. Those of the newe foundation are by a shorter course installed by vertue of the kings leters patents, without either election or confirmation. This word is also applyed to di∣uers, that are the chiefe of cer∣taine peculiar Churches, or cha∣pels, as the deane of the kings chapell, the deane of the Ar∣ches, the deane of Saint George his chapell in Windsour, the deane of Bockin in Essex.

Debet & solet: These words are diuers times vsed in the wri∣ters of the common lawe, and may trouble the minde of a young student, except he haue some aduertisement of them. For example, it is saide in the old. nat. br. fo. 98. This writ (de secta molen∣dini) being in the (debet) and (so∣let) is a writ of right, &c. and a∣gaine. fo. 69. A writ of Quod per∣mittat) may be pleaded in the countie before the shyreeue, and it may be in the (debet) and in the (solet) or the (debet) with out the (solet) according as the De∣mandāt claymeth. wherfore note, that those writs that be in this sort brought, haue these words in them, as formall words not to be omitted. And according to the diuersity of the case, both (de∣bet) and (solet) are vsed, or (de∣bet) alone: that is, if a man siew to recouer any right by a writ, whereof his awncester was dis∣seised by the tenent or his awn∣cester, then he vseth onely the word (debet) in his writ: because (solet) is not fit by reason his awncester was disseised, and the custome discontinued: but if he siew for any thing, that is now first of all denied him, then he vseth both these words (debet & so'et) because his awneesters be∣fore him, and he him selfe vsual∣ly imoyed the thing siewed for: as suite to a mille, or common of pasture vntill this present refusall of the tenent. The like may be saide of (debet) and (detinet) as appeareth by the Register. orig. in the writ de debito. fo. s 40. a.

Debito, is a writ which lieth, where a man oweth to another a certaine summe of mony-vpō an obligation or other bargain, for any thing sold vnto him. Fitz. nat br. fo. 119. This writ is made som∣time in the Detinet, & not in the Debet. which properly falleth out, where a man oweth an annu∣itie: or a certaine quantity of

wheat, barley, or such like, which he refuseth to pay. old. nat. br. fo. 75. See Debet & Solet.

Denelage (denelagia) is the law that the Danes made heere in England, out of which and Merchenlage, and West Sexon∣lage, the Conquerour compoun∣ded certaine ordinances for his subiects. Camdeni Britan. pa. 94. & pa. 183.

Decem tales. See Tales.

Decies tantum, is a writ that lieth a gainst a Iurour, which hath taken mony for the giuing of his verdict, called so of the ef∣fect, because it is to, recouer ten times so much as he tooke. It li∣eth also against embracers that procure such an enquest. anno 38. Ed. 3. ca. 13. Reg. orig. fo. 188. Fitzh. nat. br. fo. 171. New booke of Entrise. verbo Decies tantum.

Deceyte (déceptio fraus, dolus) is a subtile wilie shift or deuiso, ha∣uing noe other name. Hereunto may be drawen all maner of craft, subtiltie, guile, fraude, wily∣nes, slightnes, cunning, couin, collusion, practise, and offence, vsed to deceiue another man by any means, which hath none o∣ther proper or particular name, but offence. West parte. 2. symbol. titulo. Indictments. sect. 68. See Co∣sening.

Decenniers. See Deciners.

Deceptione, is a writ that li∣eth properly against him, that de∣ceitfully doth any thing in the name of another, for one that re∣ceiueth harme or dāmage therby. Fuzh. nat. br. fo. 95. This writ is either originall or iudiciall, as appeareth by the old. nat. br. fo. 50. where you may reade the vse of both. For some satisfaction, take these words of that booke: This writ of deceit, when it is original, then it lieth in case, where deceit is made to a man by another, by which deceit he may be dis∣herited, or otherwise euill intrea∣ted: as it appeareth by the Regi∣ster, &c. And when it is iudici∣all, then it lieth out of the rols of record: as in case where (scire facias) is sent to the Shyreeue, that he warme a man to be be∣fore the Iustices at a certaine day, and the Shyreeue returne the writ serued; whereas the said man was not warned, by which 〈◊〉〈◊〉 partie that sieweth tho (scire 〈…〉〈…〉as) recouereth, then the party which ought to haue beene warned, shall haue the saide writ against the Shyreeue. The author of the termes of lawe. verbo Deceite, saith that the originall writ of deceite lieth, where any deceit is done to a man by another, so that he hath not sufficiently per∣formed his bargaine or promise, In the writ iudicial he concurreth with the former booke. See the Reg. orig. fo. 112. and the Reg. iudi∣ciall in the table. verbo. Deceptione.

Decimis solvendis pro possessioni∣bus alienigenarum, is a writ or leters patents, yet extant in the Register, which laye a∣gainst those, that had fermed the Priors aliens lands of the king, for the Rector of the Parish, to recouer his tythe of them. Regi. orig. fol. 179.

Deciners, aliâs, desiners, aliâs, doziners, (decennarii) commeth of the French, (dizeine. i. decas) tenne in number, or else of (dise∣nier. i. decearchus.) It signifieth, in the auncient monuments of our lawe, such as were wont to haue the ouersight and checke of ten friburgs, for the maintenance of the kings peace. And the limits or compasse of their iurisdiction was called (decenna) Bracton lib. 3. tract. 2. cap. 15. of whom you may also reade, Fleta lib. 1. cap. 27 and a touch in the Regist. orig. fol. 68. b. These seemed to haue la〈…〉〈…〉 authoritie in the Saxons time, 〈◊〉〈◊〉 king knowledge of causes within their circuite, and redressing wrongs by way of iudgement, as you may reade in the lawes of king Edward, set out by M. Lam∣bard. num. 32. In later times I find mention of these, as in Brit∣ton cap. 12. who saith in the kings person (as he writeth his whole booke) in this maner: We will, that all those which be 14. yeares old, shall make oath, that they shall be sufficient and loyall vnto vs, and that they will be neither felons, nor assenting to felons: and we will, that all be (en dozeine & plevis per dozeniers) that is, professe themselues to be of this or that dozein, and make or offer suretie of their behaui∣our by these or those doziniers: except religious persons, clerks, knights, and their eldest sonnes, and women. Yet the same au∣thor in his 29. chapter, some thing toward the end, doth say, that all of 12. yeares old and vpward, are punishable for not comming to the Turne of the Shyreeue, except Earles, Prelats, Barons, religious persons, and women. Stawnf. pl. cor. fol. 37. out of Fitzh. hath these wordes: The like lawe is, where the do∣zeniers make presentment, that a felon is taken for felonie, and deliuered to the Shyreeue, &c. And Kitchin, out of the Register, and Britton, saith thus. Religious persons, clerkes, knights, or wo∣men shall not be deceniers. fol. 33. So that hereby I gather, that of later times, this word sig∣nifieth nothing but such an one, as by his oath of loyaltie to his Prince, (for suretie none ordina∣rily findeth at these dayes) is set∣led in the combination or socie∣tie of a dozein. And a dozein seemeth now to extend so farre, as euery leete extendeth: because in leetes onely this oathe is

ministred by the steward, and ta∣ken by such as are twelue yeares old and vpwards, dwelling with∣in the compasse of the leete where they are sworne. Fitz. nat. br. fol. 161. A. The particulars of this oath you may reade in Bracton. lib. 3. tract. 2. cap. 1. num. 1. in these words: Quibus propositis (that is, the commission of the Iustices be∣ing read, and the cause of their comming being shewed) debent Iusticiarii se transferre in aliquem locum secretum, & vocatis ad se quatuor vel sex, vel pluribus de maioribus de comitatu, qui dicun∣tur Busones Comitatus, & ad quo∣rum nutum dependent vota aliorum, et sic inter se tractatum habeant Iusticiarii ad muicem, & ostendant qualiter a Domino Rege & eius con∣cilio. prouisum sit, quod omnes tam milites, qùam alii qui sunt quinde∣cim annorum & ampliùs, iurare de∣bent, qùod vtlagatos, murditores, robbatores, & burglatores non re∣ceptabunt, neceis consentient, nec eorum receptatoribus, & si quos tales nouerint, illos attachiari facient, & hoc Vicecomiti & baliuis suis mon∣strabunt: & si hutesium vel clame∣um de talibus audiverint, statim audsto clamore, sequantur cum fa∣milia & hominibus de terra sua. Here Bracton setteth downe 15. yeares, for the age of those that are sworne to the kings peace, but lib. 3. tract. 2. cap. 11. num. 5. he nameth 12. yeares. See Inlaughe. A man may note out of the premisses, diuersities be∣tweene the auncient and these our times, in this point of law and gouernement, as well for the age of those that are to be sworne, as also that Decennier is not now vsed for the chief man of a Dozen, but for him him that is sworne to the kings peace: and lastly, that now there are no other Dozens but leetes, and that no man ordinarily giueth other security for the keeping of the kings peace, but his owne oathe: and that therefore none aunswereth for anothers trans∣gression, but euery man for him∣selfe. And for the general ground this may suffice. See Franke∣pledge.

Declaration (declaratio) is pro∣perly the shewing foorth, or laying out of an action perso∣nall in any suite, howbeit it is vsed sometime and indiffe∣rently for both personall and re∣all actions. For example, anno 36. Ed. 3. c. 15. in these words: By the auncient termes and formes of declarations, no man shall be preiudiced: so that the mater of the action be fully shewed in the demonstration & in the writ: See the new Termes of lawe. See Cownte.

Dedimus potestatem, is a writ, whereby commission is giuen to

a priuate man for the speeding of some act appertaining to a Iudge. The Civilians call it (De∣legationem) And it is graunted most commonly vpon suggestiō, that the partie, which is to doe something before a Iudge, or in court, is so feeble, that he can∣not trauell. It is vsed in diuers ca∣ses: as to make a personall aun∣swer to a bill of complaint in the Chaunceric, to make an Attur∣ney for the following of a suite in the Countie, Hundred, Wa∣pentake, &c. Oldnat. br. fol. 20. To levie a fine. West. part. 2. sym∣bol. titulo. Fines. sect. 112. and di∣uers other effects, as you may see by Fitzh. nat. br. in diuers places noted in the Index of the booke: In what diuersitie of cases this writ or commission is vsed, see the table of the Regist. orig. ver∣bo Dedimus potestatem.

Deedes, (Facta) signifie in our commō law wrighungs that containe the effect of a contract made betweene man and man, which the ciuilians call (litera∣rum obligationem). And of deeds there be two sorts, deeds inden∣ted and deeds poll. Which diui∣sion, as M. West. saith parte. i. Sim∣bol: lib. 1. sect. 46. groweth from the forme or fashion of them; the one being cut to the fashion of teeth in the toppe or side the other being plaine. And the de∣finition of a deede indented he expresseth thus Sect. 47. A deed iudented, is a deede consisting of two partes or more, in which it is expressed, that the parties to the same deede, haue to euery parte thereof interchangeabely, or seuerally set there seue∣rall seales. See the rest, where at the last he sheweth: the cause of the name: viz: for that consisting of more partes, eche parte is indented or cut one of them into the other, that by the cut it may appeare, they belonge to one busines or contract. A deede poll or polled he describ∣eth thus: Sect. 46. Q. A polled deede, is a deede testifying, that onely the one of the parties to the bargaine, hath put his seale; thereunto after the maner there by him described: which reade for your beter vnderstanding. See the newe Tearmes of lawe, verbo Fait, where he sheweth, that each deed consisteth of 3. points: writing, sealing, and de∣liuerie.

Deere Hayse. anno 19. H. 7. cap. 11. seemeth to be an Engine. of cords, to catch Deere.

De essendo quieium de relovio, is a writ that lyeth for them which are by priuiledge freed from the payment of tolle, which reade at large in Fitzh. nat. br. fol. 226.

Defalt (defalta) commeth from the French (Defaut) and is an offence in omitting that,

which we ought to doe. West. part. 2. symbol. titulo. Indictment. sect. 2. Of this hath Bracton a whole tractats, lib. 5. tractat. 3. By whome it appeareth that a default is most notoriously ta∣ken for non appearance in court, at a day assigned. Of this you may reade also in Fleta. lib. 6. cap. 14.

Defeisance (defeisantia) com∣meth of the French (Desfaire) or Deffaire) i. infectum reddere quod factumest, and signifieth in our common lawe, nothing but a condition annexed to an act, as to an obligation, a recognizance or statute, which performed by the obligee or recognizee, the act is disabled and made voide, as if it neuer had bene done, whereof you may see West at large, part. 1. symb. li. 2. sect. 156.

Defendant (defendens) is he that is siewed in an action personall: as tenent, is he which is siewed in an action reall. Tearmes of the lawe.

Defendemus, is an ordinarie word in a feofment or dona∣tion, and hath this force, that it bindeth the donour and his heyres, to defend the Donee, if any man goe about to laye a∣nie seruitude vpon the thing gi∣uen, other then is contained in the donation. Bract. lib. 2. cap. 16. num. 10. See also Warrantizabi∣mus & Acquietabimus.

Defender of the faith (defensor fides) is a peculiar title giuen to the King of England by the Pope, as (Catholicus) to the king of Spaine, and Christianissi∣mus to the French king. It was first giuen by Leo decimus to king Henry the 8. for writing against Martin Luther, in the behalfe of the Church of Rome, then ac∣counted Domicilium fidei Caholi∣cae. Stowes annals. pag. 863.

Deforsour, (Deforciator) com∣meth of the french (For ceur. i. expugnator). It is vsed, in our common law, for one that ouer∣commeth and casteth out by force, and differeth from dissei∣sour first in this, because a man may disseise another without force, which act is called simple disseisin. Britton. ca. 53. next, be∣cause a man may deforce ano∣ther, that neuer was in possessi∣on: as for example: if more haue right to lands, as commō heires and one entring keepeth out the rest, the law saith, that he de∣forceth them, though he doe not disseise them. Old nat: br: fol: 118. and Litleton in his chapter (Discontinuance) fol. 117. faith, that he which is infeoffed by the tenent in taile, and put in posses∣sion, by keeping out the heire of him in reuersion being dead, doth deforce him, though he did not disseise him; because he en∣tred, when the tenent in taile

was liuing, and the heire had noe present right. And a deforsour differreth from an Intrudour, because a man is made an Intru∣dour by a wrongfull entry only into land or tenement voide of a possessour. Bracton li: 4: ca: pri. and a deforsour is also by hould∣ing out the right heire, as is a∣bouesaide.

Deliuerance, See Repligiare.

Demaund, (Demanda vel De∣mandum) commeth of the french (Demande. i. postulatio, postulatus) and signifieth a calling vpon a man for anything due. It hath likewise a proper signification with the common lawyers op∣posite to plaint. For the pursiute of all ciuill actions are either de∣maunds or plaints: and the per∣syewer is called demaundant or plaintife: Viz: Demandaundant in actions reall, and plaintife in personall. And where the party persiewing is called demaundāt, there the party persiewed is cal∣led tenent: where plaintife, there defendant. See terms of law, ver∣bo Demaundant.

Demy haque, See Haque, and Haquebut.

Demaine, (Dominicum) is a french word, otherwise written (Domaine) and signifieth (Patri∣monium domini) as Hotoman saith in verbis feudalibus. verbo Domini∣cum. where by diuers authorities he proueth those lands to be dominicum, which a man holdeth originally of himselfe, and those to be feodum, which he holdeth by the benefite of a superiour Lord. And I find in the ciuill law (Rem dominicam) for that which is proper to the Emperour. Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoueatur, being the 38. title of the 7. booke. And (res domi∣nici iuris. i. reipub. in the same place. And by the word (Doma∣nium) or (Demanium) are pro∣perly signified the kings lands in Fraunce, appertaining to him in propertie, Quia Domanium defi∣nitur illud, quod nominatim conse∣cratum est, vnitum, & incorpora∣tum Regiae coronae, vt scripsit Chopi∣nus de domanio Franciae tit. 2. per legem. Siquando 3. Cod. de bon. va∣can. lib. 10. & Mathaeus de Af∣flict is in constit. Siciliae li. 1. tit. De locatione Demanii. 82. which may be called Bona incorporata & in corpus sisci redacta. Skene de ver∣borum signif. verb. Terrae Domini∣cales. In like maner doe we vse it in England: howbeit, we here haue no land (the Crowne land onely excepted) which holdeth not of a superior. For all depen∣deth either mediatly or immedi∣ately of the Crowne, that is, of some honour or other belonging to the Crowne, and not graun∣ted in fee to any inferior person. Wherefore no common person

hath any demaynes, simply vn∣derstood. For when a man in pleading would signifie his land to be his owne, he saith, that he is or was seised thereof in his de∣maine as of fee. Litleton li. 1. cap. 1. Whereby he signifieth, that though his land be to him and his heyres for euer, yet it is not true demaine, but depending vp∣on a superior Lord, and holding by seruice, or rent in liewe of ser∣uice, or by both seruice and rent: Yet I find these words vsed in the kings right, anno 37. H. 8. cap. 16. and 39. Eliz. cap. 22. But the application of this speech to the king and crowne land, is crept in by errour and ignorance of the word (Fee,) or at least by vnderstanding it otherwise then of the Feudists it is taken. But Britton. cap. 78. sheweth, that this word (Demeyne) is diuersly taken: sometime more largely, as of lands or tenements held for life, &c. and sometime more strictly as for such onely as are generally held in fee. This word somtime is vsed for a distinction between those lands, that the Lord of a maner hath in his owne hands, or in the hands of his leasec, di∣mised vpon a rent for tearme of yeares or life, and such other lād appertaining to the said ma∣ner, which belongeth to free or copy-houlders. Howbeit, the copyhold belonging to any ma∣ner, is also in the opiniō of many good lawyers accounted De∣meines. Bracton in his fourth booke tract. 3. ca. 9. nu. 5. hath these words: Item dominicum ac∣cipitur multipliciter. Est autē domi∣nicum quod quis habet admensam suam & propriè, sicut sunt Bord∣lands anglie. Item dicitur domini∣cum villenagium, quod traditur vil∣lanis, quod quis tempestiuè & in∣tempestiue resumere possit pro volun∣tate sua, & reuocare. Of this Fleta likewise thus writeth: Domini∣cum est multiplex. Est autem Dominicum propriè terra admen∣sam assignata, & villenagium quod traditur villanis ad excolendum, & terra precariò dimissa, quae tempesti∣uè & pro voluntate domini poterit reuocari: & sicut est de terra com∣missa, tenenda quam diu commissori placuerit. poterit & dici Domini∣cum, de quo quis habet liberum te∣nementum, & alius vsumfructum: & etiam vbiquis habet liberum te∣nementum, & alius curam, sicut de custode dicipoter it & curatore; & vnde vnus dicitur a iure, alius quo∣que ab homine. Dominicum etiam dicitur ad differentiam eius quod te∣netur in seruitio. Dominicum est omne illud tenementum, de quo ante∣cessor obiit seisitus vt de feudo, nec refert cum vsufructu vel sine, & de quo si eiect us esset, si viueret, recu∣perare posset per assissam nomine dis∣seisina, licet alius haberet vsum

fructum: sicut dici poterit de illis qui tenent in villenagio, qui vtuntur, fruuntur non nomine proprio sed no∣mine Domini sui. Fleta: l. 5. c: 5. §. Dominicū autē. And the reasō why copyhold is accoūted Demeanes, is because they that be tenents vnto it, are iudged, in law, to haue nor other right, but at the will of the lord. Soe that it is re∣puted still after a sort to be in the Lords hands. And yet in common speach, that is called ordinarily Demeanes, which is neither free nor copy. It is far∣der to be noted, that Demaine is sometime vsed in a more spe∣ciall signification, and is opposite to Franck fee. For example, those lands, which were in the possession of King Edward the confessor, are called auncient Demaine, & all others be called Franck fee. Kitchin. fol: 98. and the tenents which hould any of those lands, be called tenents in auncient demaine, the others te∣nents in franck fee. Kitchin vbi supra. And also tenents at the common lawe. West. parte 2. Simbol: titulo Fines. Sect 25. The reason is, because tenents in auncient Demaine, cannot be syewed out of the Lords court: Tearmes of the Lawe. verbo Auncient Demaine. And the te∣nents in aunciēt demaine, though they hould all by the verge, and haue none other euidēce but co∣py of court rolle, yet they are saide to haue free hould. Kitchin. fol. 81. See Awncient demaine.

Demayne cart of an Abbot, see∣meth to bee that cart, which the Abbot vseth vpon his owe De∣maine: Anno. 6. H. 3. cap. 21.

Demurrer (Demorare) com∣meth of the French (Demeurer. i. manere in aliquo loco vel morari) It signifieth in our common lawe, a kinde of pawse vpon a pointe of difficultie in any acti∣on, and is vsed substantiuely. For in euery action, the controversie consisteth either in the fact, or in the lawe, if in the fact, that is tried by the Iurie, if in lawe, then is the case plaine to the Iudge, or so hard and rare, as it breedeth iust doubt. I call that plaine to the Iudge, wherein hee is assured of the lawe, though perhaps the partie and his coun∣cell yeeld not vnto it. And in such, the Iudge with his Assessors proceedeth to Iudgement with∣out farder worke: but when it is doubtfull to him and his Associ∣ates, then is there stay made, and a time taken, either for the court to thinke farder vpon it, and to agree if they can: or els for all the Iūstices to meete together in the Chequer chamber, and vpon hearing of that which the serge∣ants shall say of both partes, to advise and set downe what is lawe. And whatsoeuer they con∣clude,

standeth firme without farder remedie. Smith. de Repub. Angliae. lib. 2. cap. 13. West. calleth it a Demurrer in chauncery like∣wise, when there is question made whether a parties answer to a bille of complaint, &c. be defectiue or not: and thereof re∣ference made to any of the bench for the examination ther∣of, & report to bee made to the court. parte. 2. symb. tit. Chauncery. sect. 29.

Denariata terrae. See Farding deale of land.

Denizen, commeth of the French (Donaison. i. Donatio) and signifieth in our common lawe, an Alein that is infrāchised here in England by the Princes char∣ter, an dinabled, almost in all re∣spects, to doe as the kings natiue subiects doe: namely to purchas, and to possesse lands, to be capa∣ble of any office or dignitie. Yet it is saide to be short of natura∣lis••••ion, because a straunger naturalised, may inherit lands by descent, which a man made onely, a denizen cannot. And againe, in the charter whereby a man is made denizen, there is commonly conteined some one claufe or other, that abridgeth him of that full bene∣fite, which naturall subiects doe inioy. And when a man is thus infránchised, he is saide to bee vnder the kings protection, or, esse ad fidem Regis Angliae, before which time he can inioy no∣thing in England. Bracton. lib. 5. tractat. 5. cap. 25. nu. 3. Nay, hee and his goods might bee seised to the kings vse. Horn in his mir∣rour of Iustices. li. 1. ca. de la Venue de franc plege.

Deodand (Deodandum) is a thing giuen or forseited (as it were) to God for the pacificati∣on of his wrath in a case of mis∣aduenture, whereby any Christi∣an soule commeth to a violent ende, without the fault of any reasonable creature. For ex∣ample, if a horse should strike his keeper and so kille him; if a man in dryuing a cart, and see∣king to redresse any thing about it, should so fall, as the cart wheele running ouer him, should presse him to death: if one should be felling of a tree, and giuing warning to one cōming by, whē the tree were neere falling, to looke to themselues, and any of them should bee slaine neuer∣thelesse by the fall of the tree. In the first of these cases the horse, in the second the cart wheele, carte and horses, and in the third the tree is to be giuen to God: that is, to be sold and distribu∣ted to the poore, for an expia∣tion of this dreadfull euent, though effected by vnreasona∣ble, yea sensles & dead creatures. Stawnf. pl. cor. lib. 1. ca. 2. whereof

also read Bracton. lib. 3. tractat. 2. cap. 5. and Britton. cap. 7. and West parte. 2. symbolaeog. titulo In∣dictments. sect. 49. And though this be giuen to God: yet is it forfeited to the king by lawe, as susteining Gods person, and an executioner in this case, to see the price of these distributed to the poore, for the appeasing of God stirred vp euen against the earth and place, by the shedding of innocent blood thereupon. Fleta, saith that this is sould, and the price distributed to the poore for the soule of the king, his auncesters, and of all faith∣full people departed this life. lib. 1. cap. 25. verbo. De submer∣sis. And it seemeth that this law hath an imitation of that in Exo∣dus. cap. 21. Si cornu petierit bos virum vel mulierem, ita vt moria∣tur, lapidabitur bos, ne{que} comede∣tur caro eius, at Dominus eius erit innocens.

De Deonerando pro rata portio∣nis, is a writ that lieth where one is distrained for a rent, that ought to be paid by others pro∣portionally with him. For exāple, a man holdeth ten; Oxegangs of land by fealty, and ten shillings rent of the king, and alienateth one Oxegang thereof to one, a∣nother, to another in fee. After∣ward the Shyreeue or other Offi∣cer, commeth and distraineth onely one of them for the Rent: he that is distrained may haue this writ for his helpe. Fitzh. nat. br. fo. 234.

Departer, is a word properly vsed of him, that first pleading one thing in barre of an action, and being replied thereunto, doth in his reioynder shew ano∣ther mater contrary to his first plea. Plowden in Reniger and Fogassa, fo. 7. & 8. And of this see diuers examples in Brooke. titulo Departer de son plee &c.

Departers of gold and siluer. See Finours.

De quibus sur disseisin, is a writ of entry. See Fitzh. nat. br. fol. 191. C.

Dereyne (Disrationare, vel Di∣rationare) may seeme to come of the French (Disarroyer. i. confun∣dere, turbare) to confound or turne out of order, or (desranger. 1. to set out of order, or lastly of the Norman word (desrene) for with the Normans (desrene) is nothing else but a proofe of the deniall of a mans owne fact. For Rubigi∣neus in his grand custumarie cap. 122. & 123. maketh mention of (lex probabilis) and (lêx derais∣nia) legem probabilem or (proba∣tionem) he defineth to bee a proofe of a mans owne fact, which he saith he hath done, & his aduersarie denieth. His exam∣ple is this: A. sieweth R. for a hogge: saying, thou shouldest de∣liuer mee a hogge for 2. shillings

sixe pence: which mony F. paid thee: wherefore I demande my hogge. R. answereth. It is true that thou saiest, and I deliuered thee thy hog, which I am ready to prooue. Deraisniā he defineth, to be a proofe of a thing that one denieth to be done by him∣selfe, which his aduersarie saith was done, defeating or confoun∣ding his aduersaries assertion (as you would say) and shewing it to be without and against rea∣sō or likelyhood, which is avou∣ched. In our commō lawe it is v∣sed diuersly, first generally, for to prooue: as Dirationabit ius su∣um haeres propinquior. Glanuile li. 2. cap. 6. and Habeo probos homines, qui hoc viderunt & audierunt, & parati sunt hoc dirationare. Idem lib. 4. cap. 6. and (Dirationauit ter∣ram illam in curia mea) Idem lib. 2. cap. 20. 1. hee prooued that land to bee his owne, &c. and (peroinentiam eam dirationauit in vita sua, vel alio modo iuste perqui∣sivit) Idem, lib. 6. cap. 12. and Bracton vseth it after the same sort, in these words: Habeo suf∣ficientem disratiocinationem & pro∣bationem. lib. 4. tracta: 6 cap. 16. and so he vseth (disrationare) lib. 4. cap. 22. and so in Westm. 2. anno. 13. Ed. pri: ca. 32. an to dereine the warrantie old. nat. br. f. 146. & to dereine the warrāty paramoūt. an. 31. H. 8. c. primo. And dereigner le Warranty in Plowd. casu Basset in fine. 2. partis fo. 6. 7. & 8. a. hath the same sig∣nification. So it is vsed, Westm. 2. cap. 5. anno. 13. Ed. 1. in these words: And when the person of any Church is disturbed to de∣maund tithes in the next parish, by a writ of (Indicauit) the pa∣tron of the Parson so disturbed to demaund tithes, shall haue a writ, to demaund the Advowsen of the tithes being in Demaund: and when it is deraigned, then shall the plee passe in the court christian, as farre forth as it is deraigned in the kings court. Bracton also, li. 3. tracta. 2. cap. 3. nu. 1. speaking of him that ap∣pealeth another for any treason orfelonie, hath these words. Pro∣ponat accusans appellum suum in hunc modum, sc: debet dicere se in∣terfuisse, & vidisse certo loco, certo die, certa hora, & scivisse ipsum ac∣cusatum praelocutum fuisse mortem regis, vel seditionem suam, vel exer∣citus sui, vel consensisse, vel auxili∣um & consilium impendisse, vel ad hoc authoritatem praestitisse: & hoc ego iuxta considerationem curiae dis∣rationare paratus sum. He vseth it likewise as the Normans vse (Deraisniam) for him, that offereth to iustifie his deniall: as lib. 3. tracta. 2. cap. 28. nu. 1. in these words. Rex consilio episcorum & bonorum misit propter comitem, vt statuto die veniret ad curiam, ad disrationandum vel defendendum

se, si posset. Lastly, in some places I find the substantiue (deremement) vsed in the very literall significa∣tion of the french (Disrayer) or (desranger) that is, as a man wold say, turning out of course, dis∣placing or setting out of order: as dereinement or departure out of religion. anno 31. H. 8. cap. 6. and dereinment or discharge of their profession. anno 33. H. 8. cap. 29. which is spoken of those re∣ligious men, that forsooke their orders and professions: as also anno 5. & 6. Ed. 6. cap. 13. Soe doth Kitchin vse the verb fo. 152. in these words: the leassee en∣treth into religion, and after∣ward is dereigned. And Britton vseth these words (Semounse des∣renable) for a summons that may be chalenged as defectiue or not lawfully made, cap. 21. Of this you may reade something more in Skene de verb. signif. verbo Dis∣rationare, where in one significa∣tion he confoundeth it with our waging and making of lawe.

De son tort demesne, seeme to be certaine words of forme in an a∣ction of trespasse, vsed by way of reply to the plee of the Desen∣dant. For example: A. sieweth B. in action of trespasse. B. answe∣reth for himselfe, ••hat he did that which A calleth a trespasse, by the commaundement of C. his maister. A saith againe, that B. did it de son tort demesne, sans ceo que. C. luy commaunda modo & forma, that is: B. did it of his owne wrong, without that that C. commaunded him in such forme, &c.

Detin et. See Debito and De∣bet.

Detynew (detinendo) is a writ that lyeth against him, who ha∣uing goods or chatels deliuered him to keepe, refuseth to deliuer them againe. See of this Fitzh. nat. br. fol. 138. To this is an∣swerable in some sort (actio depo∣siti) in the ciuile lawe. And hee taketh his action of ditinew, that intendeth to recouer the thing deliuered, and not the damma∣ges sustained by the detinew. Kitchin fol. 176. See the new booke of Entries. verbo, Deti∣new.

Devastaverunt bona testatoris, is a writ lying against executors, for paying Legacies and debts without specialties, to the preiu∣dice of the creditours that haue specialties, before the debt vpon the said specialties be due. For in this case, the executors are as lya∣ble to action, as if they had wa∣sted the goods of the testatour∣riotously or without cause. New termes of lawe.

Devest (devestire) is contrarie to Invest. For as Investire signi∣fieth possessionem tradere. So (deve∣stire) is (possessionem auferr••) feud.

libro primo cap. 7.

Devise, aliâs, divise commeth of the French (diviser, i. disper••iri, discernere, separare, distinguere) as (diviser par ci & par la, distribue∣re.) This word is properly attri∣buted in our common lawe to him, that bequeathes his goods by his last will or te∣stament in writing: and the reason is, because those that now appertain onely to the Devisour, by this act are distributed in∣to many parts. Wherefore I thinke it better written divise thē deuise, howbeit, it were not ab∣surd, to deriue this word from the French (deuiser) i. sermocina∣ri, fabulari, consilium conferre. For in this sence it agreeth in some sort with the nature of the act of the testator, and with the Etymologie of a testament set downe by Iustinian, who saith, that testamentum is (quaesi mentis testatio. titulo. de Testa. ordinan. in Institut. and testatio mentis can∣not be so well, as by talke and conference with our wise and skilfull friends.

Devoires of Cales, anno 2. R. 2. Stat. 1. cap. 3. & anno 5. eiusdem, stat. 2. cap. 2. were the customes due to the king for merchandize brought to or caried out from Caleis, when our Staple was there. The word is French, signi∣fying as much as (officium) du∣tie.

Devorce, aliâs, divorce (divor∣tium) is with our common Law∣yers, accompted that separation betweene two de facto maried together, which is à vinculo ma∣trimonii, non solùm à mensa & thoro. And therefore the woman so divorced, receiueth al againe that shee brought with her. This is not, but onely vpon a nullitie of the mariage through some essentiall impediment, as consanguinitie or affinity within the degrees forbidden, precon∣tract, impotencie, or such like. See the new Tearmes of lawe.

Diem clausit extremum, is a writ that lyeth for the heyre of him that holdeth land of the Crowne, either by Knights ser∣uice or in soccage, and dyeth, be he vnder or at full age, directed to the escheatour of the county for inquirie to bee made by him, of what estate the partie deceased was seised, and who is next heyre vnto him, and of what valew the land is. The forme thereof and other circum∣stances, you may learne in Fitzh. nat. br. fol. 251.

Dyer, was a learned Lawyer, and Lord chiefe Iustice of the Common plees, in the dayes of Queene Elizabeth: who writ a booke of great accompt, called his Commentaries or Reports.

Dies datus, is a respight giuen to the tenent or defendant be∣fore

the court. Brooke titulo. Con∣tinuance.

Dicker of lether, is a quantitie consisting of tenne hides. The name may seeme to come from the Greeke (decas) which is also a Latine word signifying tenne in number.

Dignitie ecclesiasticall (dignitas ecclesiastica) is mentioned in the statute anno 26. H. 8. cap. 3. and is by the Canonists defined to be (administratio cum iurisdictione & potestate aliqua coniuncta. Glos. in cap. 1. de consuet. iu sexto.) where∣of you may reade diuers exam∣ples in Duarenus de sacris eccles. minist. & benefic. lib. 2. cap. 6.

Dioces (dioecesis) is a Greeke word compounded of (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,) and signifieth with vs, the circuit of euery Bishops iu∣risdiction. For this realme hath two sorts of diuisions, one into Shyres or Counties, in respect of temporall policie, another into Diocesses in respect of iurisdictiō ecclesiasticall.

Dieta rationabilis, is in Bracton vsed for a reasonable daies iour∣ney. lib. 3. parte. 2. chap. 16. It hath in the ciuile law diuers o∣ther significations, not needfull heere to be set downe. v. vocab: vtirusque iuris.

Dimy haque. See Haque.

Disalt, signifieth as much as to disable. Litleton in his chap∣ter of Discontinance.

Disceite, See deceite and decep∣tione. See the new booke of En∣try, verbo Disceit.

Discent, (Discensus) in the french (Descente) signifieth in the common law, an order or means whereby lands or tenements are deriued vnto any man from his auncestours: as to make his dis∣cent from his Auncestours. Old nat. br. fol. 101. is to shew how, and by what degrees, the land in question cam to him from his auncestours: as first from his great grandfather to his grand∣father, from his grandfather to his father, and so to him. Or in such other like sort: This discent is either lineall or collaterall. Li∣neall discent is conueied downe∣ward in a right line from the Grandfather, to the father, and from the father to the sonne, and from the sonne to the Nephew, &c. Collaterall discent is spring∣ing out of the side of the whole blood: as Grandfathers brother, fathers brother, &c. See the new Tearmes of law.

Disclamer, (Disclamium) is a plee containing an expresse de∣niall or refusall: as if the tenent siew a replevin vpon a distresse taken by the lord, and the lord avow the taking of the distresse, saying that he houldeth of him as of his Lord, and that he dis∣treined for rent not paid, or ser∣uice not perfourmed: then the

tenent denying himselfe to hould of such Lord, is said to disclaime: and the Lord prouing the tenent to hould of him, the tenant lees∣eth his land. Tearmes of law. Of this see Skene de verb: signif: ver∣bo Disclamation. Also if a man deny himselfe to be of the blood or kindred of another in his plee, he is said to disclaime his blood: Eitzh: nat: br: fol, 197. G. See Brooke, titulo Disclaimer If a man arraigned of felonie do dis∣claime goods, being cleared he leeseth them. Stawnf. pl. cor. fol. 186. See the new booke of En∣tries. verbo, Disclamer.

Discontinuance, (Discontinua∣tio) commeth of the french (Dis∣continuer). i. cessare, intermittere) and signifieth in the common law, nothing els but an interrup∣tion or breaking of: as disconti∣nuance of possession, or discon∣tinuance of proces. And the large discourse that Litleton hath a∣bout this (Discontinuance) is ra∣ther to shew cases wherein it is, or wherein it is not, then to de∣fine the thing. The effect of dis∣continuance of possession is this, that a man may not enter vpon his owne land or tenement alie∣nated, whatsoeuer his right be vnto it, of his owne selfe, or by his owne authority, but must bring his writ, and seeke to reco∣uer possession by law. Examples you may haue store in his Terms of law, verbo Discontinuance. And in Litleton eodem capite, with whom agreeth another in these words: But discontinuance of possession is indeed an impedi∣ment to a man for entring into his owne land or tenements, caused by the fact of one, that a∣lienated them contrary to right, and gaue Liuery and seisin of them, whereby the true owner is left only to his action. See the new tearmes of law, and the In∣stitutes of the Common Law. ca: 43. & see S. Ed. Cokes reportes. l. 3. the case of Fines. fo. 85. b. The effect of discontinuance of plee is, that the instance is fal∣len, and may not be taken vp a∣gain, but by a new writ to begin the suite a fresh. For to be dis∣continued, and to be put with∣out day, is all one; and nothing els, but finally to be dismissed the court of that instance. West. parte 2. Simbol: titulo. Fines. sect: 115. So Crompton in his diuers Iuris∣dictions, fol: 131. vseth it in these words: If a Iustice seate be dis∣continued by the not comming of the Iustices, the king may re∣new the same by his writ, &c. In this signification Fitzh: in his nat. br. vseth the word diuers times: as discontinuance of a corody, f. 193. A. To discontinew the right of his wife, fol. 191. L. &. 193. L. Discontinuance of an as∣sise, fol. 182. D. 187. B.

Disgrading, (Degradatio) is the punishment of a Clerk, that being deliuered to his Ordinary, cannot purge himselfe of the offience, whereof he was con∣uicted by the Iury: and is no∣thing but the depriuation of him from those orders of Clerk∣ship that he had, as Preistehood, Deaconship. &c. Stawnf. pl: cor: fol. 130. & 138. There is like∣wise disgrading of a knight. Stowes Annals. pag. 865. And it is not to be omitted, that by the Canon law, there be two sorts of disgrading: one summary by word onely, and another so∣lemne by deuesting the party de∣graded of those ornaments and rites, which be the ensignes of his order or degree.

Dismes (Decimae) is made of the french (Decimes) and signi∣fieth tithe or the tenth part of all the fruites, either of the earth, or beastes, or our labour, dew vnto God, and so consequently to him that is of the Lords lot, and hath his share: viz. our pastour. It signifieth also the tenthes of all spirituall liuings, yearly giuen to the Prince (called a perpetu∣all Disme. anno. 2. & 3. Ed. 6. ca. 35) which in auncient times, were paid to the Pope, vntill Pope Vrbane gaue them to Rich∣ard the second, to aide him a∣gainst Charls the french king, and those other that vpheld Clement the seuenth against him. Polidor Virgil. Angl. hist: lib. 20. Lastly it signifieth a tribute leuied of the Temporalty. Holinshed. in Henry. 2. fol. 111.

Disparidgment, Disparagatio, is by our common lawyers, vsed especially for matching an heire in mariage vnder his or her de∣gree. or against decencie. See my Institutes. titulo de nuptiis. §. 6.

Disseisin (Disseisina) commeth of the french (Disseisir) and signi∣fieth in the common lawe, an vnlawfull dispossessing of a man of his land, tenemēt or other im∣moueable or incorporeall right, Iustitut. of the the com. lawe. ca. 15. And how farre this extendeth, See Bracton, libro quarto, cap. ter∣tio. And therefore the Assises bee called writs of disseisin, that lie against disseisours in any case. whereof some bee termed little writs of disseisin. being vicontiel, that is, siewable before the Shy∣reeue in the countie court, old. nat. br. fol. 109. because they are determined by the Shyreeue without assise. Register Original. fo. 198. b. as for Nuissances of no great preiudice. Disseisin is of two sorts; either simple disseisin, committed by day without force and armes. Bracton. li. 4. ca. 4. Britton. ca. 42. & 43. & 44. where you shall finde in what e∣specially it is lawfull, in what not Britton. ca. 53. And Disseisin by

force, for the which see Defer∣sour. See fresh Disseisin. See Redis∣seisin, and Postdisseisin. See Skene de verbo. significat. verbo Dissaisina. Disseisin how many waies it is committed. See Fleta. li. 4. ca. 1. §. Fit autem, &c. & when it is law∣full. ca. 2.

Distresse (Districtio, Districtus) cōmeth of the French (Distresse, augustiae) It signifieth most commonly in the common law, a compulsion in certaine reall actions, whereby to bring a man to appearance in courte, or to pay debt or dutie denied. The effect whereof most commonly is, to driue the party distreined to replevie the distresse, and so to take his action of trespasse a∣gainst the distreiner, or els to compound neighbourly with him for the debt or dutie, for the which he distreineth. In what cases a distresse is lawfull, see the newe termes of lawe. The Civi∣lians call it (pignorum captionem) Brissonius de verbo. significa. lib. 14. This compulsion is by Britton. ca. 71. diuided into a distresse perso∣nall and distresse reall: distresse personall, is made by surprising a mans moueable goods, and de∣teining them for the securitie of his appearance to the suite, and to make him plantiffe. A distresse reall, is made vpon immoveable goods, as the Grand Cape & Petit Cape. And thus it is interpreted by Hotoman de verb. feudal: verbo Districtus. This differeth from an attachement in this point (a∣mong others) that a distresse can∣not bee taken by any common person, without the compasse of his owne fee. Fitzh. nat. br. fol. 904 except it bee presently af∣ter the catell or other thing is driuen or borne out of the ground by him that perceiueth it to bee in danger to be distrei∣ned. New termes of the lawe. ver∣bo distresse.

Districtus, is sometime v∣sed for the circuit or territorie within the which a man may be thus compelled to apperance. Ca. ne Romani. de electione in Clem: and Cassan. de consuetud: Burgand. pa. 90. Britton. ca. 120. and so like∣wise is Districtio in the Register originall. fol. 6. b. And so it see∣meth to bee vsed in pupilla oculi. parte. 5. c. 22. Charta de foresta. See also Mynsing. in the chapter. licet causam. 9. extra de probationibus. nu. 5. & Zasius in his 16. councell. nu. 47. Distresse, in the former sig∣nification, is diuided first into fi∣nite and infinite. Finite is that which is limited by lawe, how often it shall be made to bring the partie to triall of the action, as once, twice. Old nat. br. fo. 43. Distresse infinite is without limi∣tation vntill the partie come: as against a Iurie that refuseth to appeare super certificatione Assisae,

the processe is a (venire facias) (habeas corpora) and distresse infi∣finite. Old. nat. br. fol. 113. Then it is diuided into a graund di∣stresse. anno. 52. H. 3. ca. 7. which Fitzherbert calleth in latine mag∣nam districtionem. nat. br. fol. 126. A. and an ordinarie distresse. A graund distresse is that, which is made of all the goods and catels, that the partie hath within the Countie. Britton. ca. 26. fol. 52. but see whether it be sometime not all one with a di∣stresse infinite. Idem. fol. 80. with whom also the Statute of Marl∣bridge seemeth to agree. anno 52. H. 3. ca. 7. & ca. 9. & ca. 12. See old. nat. breu. fol. 71. b. See grand distresse, what thngs bee distrei∣nable, and for what causes. See the newe Termes of lawe. verbo Distresse. Of this also see more in Attachment.

Distringas, is a writ directed to the Shyreeue, or any other of∣officer, commanding him to di∣streine one for a debt to the king, &c. or for his appearance at a day. See great diuersitie of this writ in the table of the Register iudicial, verbo Distringas.

Divise. See Devise.

Dividends in the Exchequer, seemeth to be one part of an In∣denture. anno 10. Ed. 1. ca. 11. & anno 28. eiusdem. Stat. 3. ca. 2.

Dyvorce. See. Devorce.

Docket, is a brife in writing. anno. 2. & 3. Ph. & Mar. ca. 6. West writeth it (Dogget) by whome it seemeth to be some small peece of paper or parche∣ment, conteining the effect of a larger writing. Symbol. parte. 2. ti∣tulo Fines. sect. 106.

Doctor and Student, is a booke conteining certaine dialogues, betweene a D. of Diuinitie, and a Student at the common Law, wherein are conteined questions and cases, as well of the equitie and conscience vsed in the com∣mon Lawe, as also a comparison of the Civile, Canon, and com∣mon lawe together, very worthy the reading. The author is said by D. Cosin in his Apologie, to bee a gentleman, called Saint German, The booke was written in the daies of H. 8.

To do lawe (facere legem) is as much as to make lawe. 23. H. 6. ca. 14. See. Make.

Dogge drawe, is a manifest de∣prehension of an offender against venison in the forest. There bee foure of these noted by M. Manhood. parte. 2. of his forest lawes. ca. 18. nu. 9. viz. Stablest and Dogge drawe, Back beare, and Bloodie hand. Dogge drawe, is when one is found drawing after a deere, by the sent of a hound, that he leadeth in his hand.

Dogger, a kinde of shippe. an. 31. Ed. 3. Stat. 3. ca. pr••.

Doggerfish, ibid. c. 2. seemeth to

bee fish brought in those ships to Blackcney hauen, &c. Dogger men. anno 2. H. 8. ca. 4.

Dogget, See Docket.

Domo reparanda, is a writ that lyeth for one against his neigh∣bour, by the fall of whose house he feareth hurt toward his owne house. Register originall. fol. 153. for this point. The ciuilians haue the action de damno infecto.

Dole fishe, seemeth to be that fish, which the fisher men, yere∣ly imployed in the north sease, doe of custome receiue for their allowance, See the statute. a. 35. H. 8. ca. 7.

Donatyue, is a benefice meerely giuen and collated by the Pa∣tron to a man, without either presentation to the Ordinary, or Institution by the Ordinarie, or Induction by his commande∣ment. Fitzh. nat. br. fol. 35. E. See the statute, anno 8. R. 2. cap. 4. Of this Petr. Gregor. de beneficiis cap. 11. nu. 10. hatl. these words: Si tamen Capellaniae fundatae per Lai∣cos non fuerint a Dioecesano approba∣tae, & vt (loquuntur) spiritualizatae, non censentur beneficia, nec ab Epis∣copo conferri possunt, sed sunt sub pia dispositione fundatoris. Ioh. Faber ad §. Nullius. De rerum divis: Ideo fun∣datores & haeredes eorum, possunt tales Capellanias donare sine Episco∣po, cui voluerint, tanquam profona beneficia. Guido Papaeus descis. 187. See also Gregorius. lib. 15. ca. 29. sui syntagmatis. nu. 11. I finde in the preface of M. Gwins readings, that as the king might of aunci∣ent times found a free Chapell, and exempt it from the iurisdi∣ction of the Diocesan: so hee might also by his leters patents licence a common person, to found such a chapell, and to or∣deine, that it shalbe donatiue & not presentable, and that the Chaplaine shall be depriueable by the founder and his heires, and not by the Bishop. And this is likest to bee the originall of these Donatiues in England. Fitzh. saith, that there be certaine Chauntries, which a man may giue by his leters patents. nat. br. fol. 33. C. See him also, fol. 42. B. All Bishopricks were donatiue by the king, Coke. li. 3. fo. 75. b.

Doomes day, (Rotulus Wintoniae) (domus Dei. Coke in Praefatione ad librum suum) is a booke that was made in king Ed. the Confessors dayes, as the author of the old. nat. br. saith, f. 15. containing in it not onely 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 wordes (verbo, Ius Dacoru, &c.) proueth out of Gervasius Tilburiensis, that this booke was made in Wil∣liam the Conquerors time: with whome agreeth M. Camden in

his Britan. pag. 94. prouing it out of Ingulphus, that flourish∣ed the same time. And for the beter commendation of the booke, it is not amisse to set downe the words of Ingulphus, touching the contents thereof. Totam terram descripsit. Nec erat hyda in tota Anglia, quin valorem eius & possessorem scivit, nec lacus nec locus aliquis, quin in Regis ro∣tulo extitit descriptus, ac eius redi∣tus & proventus, ipsa possessio, & e∣ius possessor regiae notitiae manifest a∣tus, iuxta taxatorum fidom qui ele∣cti de qualibet patria territorium proprium describebant. Iste rotulus vocatus est Rotulus Wintoniae, & ab Anglis pro sua generalitate, quòd omnia tenementa totius terrae conti∣nuit (Domesday) cognominatur. So it is called in the Statute anno pri. Ric. 2. cap. 6. And in Ockhams lu∣cubrations de fisci Regii ratione, which seemeth to be taken out of the Booke called (Liber ru∣beus) in the Exchequer. It is ter∣med (liber Iudicatorius) and the reason why quia in eo totius Reg∣ni descriptio diligens continetur: & tam de tempore Regis Edwardi, quàm de tempore Regis Willielmi, sub quo factus est, singulorum fun∣dorum valentia exprimitur.

Dorture (Dormitorium) anno. 25. H. 8. ca. 11. is the common roome, place or chamber, where all the friers of one couent slept, and lay all night.

Dote assignanda, is a writ that lieth for a widowe, where it is found by office, that the kings tenent was seised of tenements in fee, or fee taile, at the day of his death, &c. and that hee holdeth of the king in cheife, &c. For in this case the widowe commeth into the Chauncerie, and there maketh oath, that shee will not mary without the kings leaue. Anno 15. Ed. 3. ca. 4. and herevpon shee shall haue this writte to the Escheatour, for which see the Register originall fol. 297. and Fitzh. nat. br. f. 263. And this sort of widowes is cal∣led the kings widowe. See Wi∣dowe.

Dote vnde nihil habet, is a writ of dower, that lyeth for the wi∣dow against the tenent, which hath bought land of her hus∣band in his life time, whereof he was feised solely in fee sim∣ple, or fee taile, in such sort as the issue of them both might haue inhereted it. Fitzh. nat. br. fol. 147. Register fol. 170.

Dotis admensuratione, See Admē∣surement. See the Register. fol. 171.

Dotkins, a kinde of coine. pl: cor: fol: 37. It seemeth to come of the Dutch word Duythen, that is, the eight part of a Stufer, or French Shilling, which in lat ne is called Solidus Galli∣cus.

Doubles. anno 14. H. 6. cap. 6. signifie as much as leters patents, being as it seemeth a French word made of the Latine (di∣ploma.)

Double plee, (duplex placitum) is that, wherein the defendant alledgeth for himselfe two seue∣rall maters, in barre of the acti∣on, whereof either is sufficient to effect his desire in debarring the plaintiffe. And this is not to be admitted in the common lawe: wherefore it is well to be obserued, when a plee is dou∣ble, and when it is not. For if a man alledge seuerall maters, the one nothing depending of the o∣ther, the plee is accounted dou∣ble. If they be mutually depen∣ding one of the other, then is it accompted but single. Kitchin fo. 223. See Broke hoc titulo. But why this doublenes (for so Kitchin calleth it, fol. 234.) should bee debarred, I see no reason (vnder correction all things being spo∣ken.) For a man may haue two good defences: and happily in the issue he shall contrarily to his hope faile in prouing the one, and yet be able to carie the cause by the other. And there∣fore not onely the Civilians, but Bracton also saith: Pluribus excep∣tionibus uti nemo prohibetur. lib. 5. tract. 5. cap. 5. num. 4. whom also reade, libro, 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me, alledging this to be the course of our pro∣ceeding, because the triall is by twelue rude men, whose heades are not to be troubled with ouer many things at once. lib. 2. de Re∣pub. Anglor. cap. 13.

Double quarell (duplex querela) is a complaint made by any Clerke or other vnto the Arch∣bishop of the Prouince, against an inferiour ordinarie for delay∣ing of iustice in some cause ec∣clefiasticall: as to giue sentence or to institute a clerke presented, or such like. The effect whereof, is that the said Archbishop ta∣king knowledge of such delay, directeth his leters vnder his au∣thenticall seale, to all and singu∣lar clerkes of his Prouince, ther∣by commaunding and authori∣zing them and euery of them, to admonish the said Ordinarie, within a certaine number of dayes, namely, 9. dayes, to doe the iustice required, or otherwise to cite him to appeare before him or his officiall, at a day in the said leters prefixed, and there to alledge the cause of his delay. And lastly, to intimate to the said Ordinarie, that if he nei∣ther performe the thing enioy∣ned, nor appeare at the day assig∣ned, he himselfe will, without farder delay, proceed to perform the iustice required. And this seemeth to be tearmed a double quarell,

because it is most commonly made against both the Iudge, and him at whose petition iustice is delayed.

Dower (dos) commeth of the French (douaire) and signifieth in our common lawe, two things: first, that which the wife bringeth to her hus∣band in mariage, otherwise called maritagiū, mariage good: next, and more commonly, that which she hath of her husband, after the mariage determined, if she out-liue him. Glanvile. lib. 7. cap. 1. Bracton. lib. 2. cap. 38. Britton. cap. 101. in princ. And in Scotland, (dos) signifieth iust as much. Skene de verb. signif. verbo. Dos. The former is in French cal∣led (dot) the other doüayre, and by them latined doarium. I like∣wise once thought it not vnrea∣sonable, to call the former a Dowrie, & the other a Dower: but I find them confounded. For exāple: Smith de rep. Anglo. p. 105. calleth the later a dowrie, and dower is sometime vsed for the former: as in Britton vbi supra. yet were it not inconuenient to distinguish them being so diuers. The Civilians call the former (dotem) and the later (donationem propter nuptias.) Of the former the common law bookes speake very litle. This onely is to be no∣ted, that whereas by the ciuile lawe, instruments are made be∣fore mariage, which containe the quantitie of the wiues dow∣rie, or substance brought to her husband, that he hauing the vse of it, during mariage, may, after certaine deductions, restore it a∣gaine to his wiues heires or friends, after the mariage dissol∣ued: the common lawe of En∣gland, whatsoeuer chatels moue∣able or immoueable, or readie money she bringeth, doth make them foorthwith her husbands owne, to be disposed of, as he will, leauing her at his courtesie, 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. Onely if she be an in∣heretrice, her husband holdeth the land but during her life, ex∣cept he haue issue by her: but then he holdeth it by the courte∣sie of England during his owne life. See Courtesie. And againe, if he haue any land in fee, wher∣of he was possessed during the mariage, she is to haue a third therof during her life, though she bring nothing to him, except she doe by fine release her right, during the mariage. So that here is no great mater to bee spoken of, but touching dower in the later signification. You must know therfore, that vpon speech of mariage betweene two, the parents of both sides are com∣monly

more carefull in proui∣ding each for his childe, then the parties themselues: and that by their meanes there bee diuers bargaines made, some∣time for the conueiance of lands, &c. to them and their issue: and this is said to be giuen in franke mariage: sometime to her during her life, and that before, or at the mariage: if before mariage, then it is called a Ioynture. For a Ioynture is a couenant, whereby the hus∣band, or some for him is tyed (ratione iuncturae) in considerati∣on of the mariage, that the wife surviuing him, shall haue during her life, this or that tene∣ment or lands, or thus much rent yearely paylible out of such land, &c. with clause of distresse: and this may be more or lesse, as they doe accord. Britton, cap. 101. whome read also ca. 102. 103. 104. for conventio vincit legem. Bracton. lib. 5. tract. 4. cap. 9. The diuersitie of these Ioyntures, you may see in West. parte prima symbol. lib. 2. sect. 128. 129. 130. 131. 132. 133. But if none of these former bargaines passe before mariage, then must the wife stick to her Dower: and that is sometime giuen at the Church doore or the Chappell doore, if the mariage bee by li∣cence, but not the chamber doore; and may bee what the husband will: so it exceede not a third part of his lands. G lanvile libro. 6. cap. pri. Or the halfe, as some say. Fitzh. nat. br. fol. 150. N. P. And this Dower is either cer∣tainly set downe and named, or not named but onely in genera∣litie, as the law requireth: if it be not named, then is it by lawe, the third part, and called (dos ligiti∣ma) Bracton. lib. 4. tracta. 6. cap. 6. nu. 6. & 10. Magna. Charta. c. 7. or the halfe by the custome of some countries, as in Gavelkinde. Fitzh. nat. br. fol. 150. O. And though it bee named, it seemeth that it cannot bee aboue halfe the lands of the husband. Fitzh. nat. br. fol. 150. P. And the woman that will chalenge this dower, must make 3. things good, viz. that shee was maried to her husband, that he was in his life time sei∣sed of the land, whereof shee demaundeth dower, and that he is dead. Cokesreportes li. 2. Bing∣hams case. fo. 93. a. Of these things see Glanvile. li. 6. cap. 1. 2. & 3. Bracton lib. 2. ca. 38. 39. & lib. 4. tracta. 6. cap. 1. & 6. and Britton cap. 101. 102. 103. 104. and Fitz∣herb. natur. brev. fol. 147. 148. 149. & 150. And this custumary, dower, seemeth to be obserued in other nations, as well as in ours. Hotoman verbo Dotalitium in verbis feudal: Cassan. de consue∣tud. Burg. pag. 580. 676. 677. & de conventionali. p. 720. And to these

ioyne the graund Custumarie of Normandie, cap. 102. where you shall perceiue, that in a maner all our lawe in this point is taken from the Normans: See Endow∣ment. Of dower reade Fleta like∣wise, who writeth largely there∣of, and hath many things worth the learning. li. 5. ca. 22 & seqq.

Dozenne. See Decennier.

Drags. ano. 6. H. 6. ca. 5. seeme to be wood or timber so ioyned together, as swimming or floting vpon the water, they may beare a burden or load of other wares downe the river.

Drawe latches. anno. 5. Ed. 3. ca. 14. & anno. 7. Rich. 2. ca. 5. Master Lamberd, in his Eire∣narch lib: 2. ca. 6. calleth them miching theeues, as Wasters and Roberdsemen mighty theeues, saying that the words be growne out of vse.

Dreit Dreit, signifieth a double right, that is ius possessionis, & ius Domini. Bracton. lib: 4. cap. 27. & lib. 4. tracta. 4. cap: 4. & lib. 5. tracta. 3. cap. 5.

Drye exchaunge. an. 3. H. 7. ca. 5. (Cambium siccum) seemeth to be a clenly terme inuented for the disguising of foule vsury, in the which some thing is preten∣ded to passe of both sides, wher∣as in truth, nothing passeth but on the one side: in which respect it may well be called drie. Of this Ludouicus Lopes tractat: de contract: & negotiatio. lib: 2. ca. pri. §. Deinde postquam: writeth thus: Cambium est reale vel siccum. Cambium reale dicitur, quod con∣sistentiam veri Cambit realem ha∣bet, & Cambium per trans, & Cambium minutum. Cambium autē siccum est Cambium non habens ex∣istentiam Cambii, sed apparentiam ad instar arboris exsiccatae, quae hu∣more vitali iam carens apparentiam arboris habet, non existentiam. Summa Sylv: Verbo Vsura. quaest: 6. Est ergo Cambium siccum iuxta hanc acceptionem (in qua etiam ac∣cipitur in Extrau. Pii quinti) idem quod Cambium fictū. Non autē ha∣bet propriam naturam Cambii, sed mutui & vsurae. At verò secundum Laurentium de Nauarra in Cōmen∣to de vsuris & Cambiis citatam, Cambium siccum in alia acceptione minùs communi sumptum est Cam∣bium, in quo Campsor prius dat quam accipiat. Dicitur autem isto modo siccum, quia sine praeuia accep∣tione dat Campsor. Quod tamen, vt fic acceptum (autore Siluestro) lici∣tè celebratur aliquando. Quia tunc verum & reale Cambium est diffe∣rens genere ab eo Cambio, in quo Campsor prius recipit. Quia in isto Campsor semper primò dat & deinde accipit.

Drift of the Forest, seemeth to be nothing but an exact view or examination, what catell are in the forest: that it may be known, whether it be ouercharged or

not, and whose the beastes be. This drift, when, how often in the yeare, by whome, and in what maner it is to be made, see Manwood parte. 2. of his forest lawes. cap: 15.

Droit d' Advowzen. See Recto de aduocatione Ecclesiae.

Droit close. See. Recto clausum.

Droit de dower. See Recto dotis.

Droit sur Disclaimer. See Re∣cto sur disclaimer.

Droit patent. See Rectopatens.

Duces tecum, is a writ com∣maunding one to appeare at a day in the chauncery, and to bring with him some peece of euidence, or other thing, that the court would view. See the new booke of Entries, verb. Duces tecum.

Duke (Dux) commethe of the french (Duc) It signifieth in auncient times among the Ro∣maines Ductorem exercitus) such as led their armies, who if by their prowes they obteined any famous victory, they were by their souldiers sa'uted (Imperato∣res) as Hotoman verbo Dux, de verbis feud il: proueth out of Lyvy, Tully, and others. Sithence that they were called (Duces) to whome the king or people com∣mitted the custodie or regiment of any province. Idem. eod. And this seemeth to proceede from the Lombards or Germans, Sigon de regno Ital. l. 4. In some natiōs at this day, the Soveraignes of the country, are called by this name, as Duke of Russia, Duke of Swe∣then. Heere in England, Duke is the next in seculer dignitie to the Prince of Wales. And as (M. Camden saith) heretofore in the Saxons times, they were called Dukes, without any addition, be∣ing but meere officers, and lea∣ders of armies. After the Con∣querour came in, there were none of this title vntil Edward the thirds daies, who, made Ed∣ward his son Duke of Cornwayle. After that there were more made, and in such sort, that their titles descended by inheritance to their posteritie. They were created with solemnitie (per cin∣cturam gladii, cappae{que} & circuli aurei in capite impositionem, vide Camd. Britan. pa. 166. Zasium de feudis parte. 4. nu. 7. & Cassan. de consuetud. Burg pag. 6. & 10. and Ferns glory of generosity. pag. 139.

Dutchy court, is a court, where∣in all maters appertaining to the Dutchy of Lancaster, are descided the decree of the Chauncelour of that Court. And the originall of it was in Henry the fourthes daies, who obtaining the crown, by deposing Richard the second, and hauing the Dutchy of Lanca∣ster by discent in the right of his mother, he was seised thereof as king, and not as Duke. So that all the liberties, fraunchises, and

Iurisdictions of the said Dutchy passed from the king by his graund seale, and not by live∣rie, or attournment: as the pos∣sessions of Everwicke, and of the Earldome of March, and such others did, which had descended to the king, by other Auncesters then kings. But at the last, Henry the 4. by authoritie of Parla∣ment passed a charter, whereby the possessions, liberties, &c. of the said Dutchy were seuered from the Crowne: Yet Henry the 7. reduced it to his former nature, as it was in Henry the fifts daies. Crompton Iurisdict. fol. 136. The officers belonging to this Court are the Chauncellour, the Atturney, Receiuer generall, Clerke of the court, the Messen∣ger. Beside these, there be certain Assistantes of this Court: as one Atturney in the Exchequer: one Atturney of the Dutchy in the Chauncery, foure learned men in the lawe, reteined of councell with the King in the said court. Of this Court M. Gwin. in the preface to his readings thus speaketh: The court of the Du∣chy (or Countie Palatine of Lan∣caster) grew out of the graunt of king Edward the third, who first gaue the Dutchy to his sonne Iohn of Gawnte, and endowed it with such royall right, as the Countie 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 vnion of it with the Crowne: the same king suspecting himselfe to bee more rightfully Duke of Lancaster, then king of England, determined to saue his right in the Dutchy, what∣soeuer should befal of the King∣dome: and therefore hee separa∣ted the Dutchy from the Crowne, and setled it so in the naturall persons of himselfe and his heires, as if he had bin no king or Politique bodie at all: In which plight it continued, du∣ring the reigne of K. Henry the 5. and Henry the 6. that were des∣cended of him. But when King Edw. the 4. had (by recouery of the Crowne) recontinued the right of the house of Yorke, hee feared not to appropriate that Dutchy to the Crowne againe: and yet so, that hee suffered the Court and Officers to remaine as he founde them. And in this maner, it came together with the Crowne, to King Henry the 7. who liking well of that policy of King H. the 4. (by whose right also hee obteined the Kingdome) made like separation of the Dut∣chy, as hee had done, and so left it to his posterity which doe yet inioy it.

Dumfuit infra aetatem, is a writ which lyeth for him, that before hee came to his full age, made

a feofment of his land in fee, or for terme of life, or in taile, to re∣cover them againe from him, to whome he conveied them. Fitzh. nat. br. fol. 192.

Dum non fuit compos mentis, is a writ that lieth for him, that being not of sound memory, did alien any lands or tenements in fee simple, fee tayle, for terme of life, or of yeeres, against the ali∣enee. Fitzh. nat. br. fol. 202.

Duplicat, is vsed by Crompton, for a second leters patent graū∣ted by the Lord Chauncelour, in a case, wherein he had former∣ly done the same: and was there∣fore thought void. Cromptons Iu∣risd. fol. 215.

Dures (Duritia) commeth of the French (dur. i. durus, vel durete. i. duritas) and is in our common lawe, a plee vsed in way of ex∣ception, by him that being cast in prison at a mans suite, or other∣wise by beating or threats hard∣ly vsed, sealeth any bond vnto him during his restraint. For the lawe holdeth this not good, but rather supposeth it to be con∣strained. Brooke in his Abridge∣ment ioyneth Dures and Manasse together. i. duritiam & minas, hardnes and threatning. See the newe booke of Entries, verbo Dures. and the new Termes of law.

E A

EAlderman (Aldermannus) a∣mong the Saxons, was as much as Earle among the Danes. Camden. Britan. pag. 107. If yee goe to the true etimologie of the word, mee thinketh, it shoud sound more generally, so much as 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 with the Graecians, or Senator with the Romanes: who were rather Councellers at large, then bestowed vpon any parti∣cular office, as Comites were. See Countie. And that signification we retaine at this day almost in all our Cities, and Borowes, cal∣ling those Aldermen, that are Associates to the Chiefe Officer in the common councell of the Towne. anno 24. H. 8. ca. 13. or sometime the cheife officer him∣selfe, as in Stawnford.

Earle (Comes) in M. Camdens opinion. pag. 107. is a word made by the Danes of (Ealderman) a word of the Saxons. M. Lamberd seemeth notwithstanding to ac∣knowledge, that Earle is origi∣nally a Saxon word. Explica. of Sax. words. verbo Paganus: and in∣terpreteth it (Satrapam) which word the Romaines borowing of the Persians, applied to those that were praefecti provinciarum. M. Verslegan in his restitution of decaied intelligence, deriueth it from two Netherland words (ear. i. honor) and (ethel i. nobilis) where∣in I leaue the reader to his owne iudgement. This title in auncient time, was giuen to those, that were associates to the king in his

councels and Marshall actions (as Comes was to those that fo∣lowed the Magistrates in Roome, and executed their offices for them as their deputies, and died alwaies with the man. Zasi∣us hath of this word thus much. Comitū originem in Doctoribus non invenimus: sed noveris cam dignita∣tem vetustissimam esse. Nam Cor. Tacitus in libello de Germania scri∣bit apud priscos vsu fuisse receptum, vt cuilibet principi seu Duci exercitus duodecim comites assig∣narentur: ideo dictos, quia comi∣tarentur eos, & à Ducum latere non decederent. Comitū ita{que} originē Germanis moribus ortum esse, di∣ctus receptissimus autor testis est. Quapropter quod in duodecimo li∣bro Codicis aliqui tituli de Comiti∣bus largitionum &c. inscribuntur, usurpationem Imperatoris ex Ger∣manorum ritibus sumptam credo. But the Conquerour (as M. Camd. saith) gaue this dignitie in fee to his nobles, annexing it to this or that countie or province, and allotted them, for their maintenance, a certaine propor∣tion of monie rising from the Princes profits, for the pleadings and forfeitures of the province. For example, he bringeth an aun∣ent Record in these words. Hen∣ricus 2. Rex Anglie his verbis Comitem creauit: Sciatis nos fecisse Hugonet Bigot Comitē de Nortfolk. sc: de tertio denario de Norwic. & Northfolke, sicut aliquis comes An∣gliae liberiùs comitatum suum tenet. Which words (saith the same author) an ould booke of Battell Abbie thus expoundeth: Consue∣tudinaliter per totam Angliammos antiquitùs inoleverat, Comites pro∣vinciarum tertium denarium sibi obtinere, inde Comites dicti. And a∣nother booke without name more fully. Comitatus a Comite dicitur, aut vice versa. Comes au∣tem est, quia tertiam portionem eo∣rum, quae de placitis proveniunt, in quolibet Comitatu percipit. Sed non omnes Comites ista percipiunt: sed hii quibus Rex haereditariò aut per∣sonaliter concessit. You may reade M. Fern in Lacyse nobility, some∣thing to this effect. pa. 12. But he saith, that one Duke or Earle had diuers Shires vnder his go∣uernment, as a viceroy, and had lieuetenants vnder him in euery particular Shire, called a Shy∣reeue. That one Earle was digni∣fied by the appellation or more rhen one Shyreeue, it appeareth by diuers of our auncient Sta∣tutes, as namely by the sentēce of excommunication pronounced by the Bishops against the in∣fringers of the great Charter & charter of the forest. anno. 38. H. 3. Roger Bigot is named Earle both of Northfolke and South∣folke, and anno 1. Ed. 3. Thomas Earle of Lancaster and Leycester. Humsrey Bohum. Earle of Here∣ford

and Essex. Dyer. fo. 285. nu. 39. At these daies, as long since, the kings of England make Earles by their charters, of this or that Countie, giuing them no autho∣ritie ouer the Countie, nor any part of the profit rising of it, but onely some annuall stipend out of the Exchequer, rather for ho∣nours sake, then any great com∣moditie. And these bee in other nations accompted Earles im∣properly. Quia illi dicuntur verè Comites, quibus datur Comitatus in feudum: illi Comites abusivè, qui non habent administrationem. Vincen∣tius de Franchis. descis. 115. nu. 7. The maner of creating Earles is by girding them with a sword. Camden. pag. 107. but see the so∣lemnitie thereof described more at large in Stowes annals. pa. 1121 The occasion why these Earles in later time haue had no swaye ouer the Countie, whereof they beare their name, is not obscure∣ly signified in Sir Thomas Smith. lib. 2. cap. 14. Where he saith, that the Shyreeue is called Vicecomes, as (Vicarius Comitis) following all maters of iustice, as the Earle should do: and that because the Earle is most commonly atten∣dant vpon the king, in his warres or otherwise. So that it seemeth that Earles by reason of their high employments, being not able to follow also the businesse of the countie, were deliuered of all that burthen, and onely enioyed the honour, as now they doe. And the Shyreeue, though he be still called Vice-co∣mes, yet all he doth, is immediat∣ly vnder the king, and not vnder the Earle. See Countie, & see He∣toman. de verb. feudal. verbo Comes: and Cassan, de consuetud. Burg. p 12.

Easement, (esamentum) is a seruice that one neighbour hath of another by charter or pre∣scription, without profite, as a way through his ground, a sinke, or such like. Kitchin. fol. 105. which in the ciuill lawe is called Seruitus pradii.

Eele fares, aliâs, Eele Vare. an. 25. H. 8. cap. 7. be the frie or brood of Eeles.

Egyptians (Egyptiani) are in our statutes and lawes of En∣gland, a counterfeit kinde of roagues, that being English or Welch people, accompany thē∣selues together, disguising them∣selues in straunge roabes, black∣ing their faces and bodies, and framing to themselues an vn∣knowne language, wander vp and downe, and vnder pretence of telling of Fortunes, curing dis∣eases, and such like, abuse the ignorant common people, by stealing all that is not too hote or too heauie for their caria∣age. anno 1. & 2. Phi. & M. cap. 4. anno 5. Eliz. cap. 20. These are very like to those, whom the Ita∣lians

call Cingari: of whom Fran∣ciscus Leo in suo the sauro fori ec∣clesiastici parte prim. cap. 13. thus writeth: Cingari, qui corrupte vo∣cabulo, quandoque etiam Saraceni nominantur, & permissione principū ac aliorum dominorum, per Italian vagantur, nec vnquam viderunt partes infidelium, minus{que} legem Mahome it noverunt: sed sunt ferè omnes Itali, & male habituati, ex rebus furtivis vivunt, ac fraudu∣lentis earum permut ationibus & lu∣dis, in quibus vt plurimum fraudes committunt, & sunt baptizati.

Eiectione custodiae, Eiectment de gard, is a writ which lyeth pro∣perly against him, that casteth out the Gardian from any land, during the minority of the heire. Register origin. fol. 162. Fitz. nat. br. fol. 139. Tearmes of the law. verbo. Gard. There be two other writs not vnlike this: the one is tearmed Droit de gard, or right of guard, the other Rauishment de Gard. Which see in their pla∣ces.

Eiectione firmae, is a writ, which lyeth for the Leassee for terme of yeares, that is cast out before the expiration of his tearme, either by the leassour, or a straunger. Register fol. 227. Fitz. nat. br. fo. 220. See Quare eiecit infra termi∣num. See the new booke of En∣tries. verbo Eiectione firmae.

Einecia, is borowed of the French (Aisne. i. primogenitus) and signifieth in our common lawe, Eldership. Statute of Ireland. anno 14. Hen. 3. Of this see M. Skene deverb. signif. verbo. Eneya.

Eyre, aliâs, Eyer, (Iter. Bracton lib. 3. cap. 11. in Rubrica) com∣meth of the old French word (Erre. i. iter) as (à grand erre. i. magnis itineribus.) It signifieth in Britton cap. 2. the court of Iusti∣ces itinerants: and Iustices in Eyre, are those onely, which Bracton in many places calleth (Iusticia∣rios itinerantes) of the Eyre, reade Britton vbi supra, who expresseth the whole course of it. And Bra∣cton. lib. 3. tractat. 2. cap. 1. & 2. The Eyre also of the Forest is no∣thing, but the Iustice seate other∣wise called: which is or should by auncient custome, be held e∣uery three yeare by the Iustices of the forest, iourneying vp and downe to that purpose. Cromp∣tons Iurisd. fol. 156. Manmood par∣te prima of his Forest lawes. pag. 121. See Iustice in Eyre. Reade Skene de verborum significa. verbo. Iter: whereby, as by many other places you may see great affini∣tie betweene these 2. Kingdomes in the administration of Iustice and gouernment.

Election de Clerke (Electione cle∣rici) is a writ, that lyeth for the choyce of a clerke, assigned to take and make bonds called sta∣tute Merchant: and is graunted out of the Chauncerie vpon sug∣gestion

made, that the Clerke formely assigned, is gone to dwell in another place, or hath hinderance to let him from fol∣lowing that businesse, or hath not land sufficient to answer his transgression, if he should deale amisse, &c. Fitzh. nat. br. fol. 164.

Elegit, is a writ Iudiciall, and lyeth for him, that hath recoue∣red debt or dammages in the kings court, against one not a∣ble in his goods to satisfie: and directed to the Shyreeue, com∣maunding him that he make de∣liuery of halfe the parties lands or tenements, and all his goods, oxen and beasts for the plough excepted. Old nat. br. fol. 152. Register originall fol. 299. & 301. and the Table of the Register Iu∣diciall, which expresseth diuers vses of this writ. The author of the new terms of law saith, that this writ should be siewed with∣in the yeare, whom read at large for the vse of the same.

Elk a kinde of ewe to make bowes of. anno 33. H 8. cap. 9.

Empanel (Impanellare, Ponere in assisis & Iuratis) commeth of the french (Panne. 1. pellis) or of (Pannequ) which signifieth some time as much as a pane with vs, as a pane of glasse, or of a win∣dowe. It signifieth the wrighting or entring the names of a Iury into a parchment schedule or Rolle or paper, by the Shyreeue, which he hath sommoned to ap∣peare for the perfourmance of such publique feruice, as Iuries are imployed in. See Panell.

Emparlance, commeth of the french (Parler) and signifieth in our common lawe, a desire or petition in court of a day to pause, what is best to doe. The ciuilians call it (petitionem induci∣arū) Kitchin fol. 200. interpreteth it in these words: If he imparle or pray continuance. For praying continuance is spoken interpre∣tatiuè in that place, as I take it. The same author maketh menti∣on of Emparlance generall. fol. 201. and Emparlance speciall fol. 200. Emperlance generall see∣meth to be that which is made onely in one word, and in gene∣rall terms. Emparlance speciall, where the party requireth a day to deliberate, adding also these words: saluis omnibus aduantagiis tam ad iurisdictionem Curia quàm ad breue & narrationem, or such like: Britton vseth it for the con∣ference of a Iury vpon the cause committed vnto them. ca. 53. See Imparlance.

Emprouement, See Improuement.

Encheson. A. 50. Ed. 3. ca. 3. is a french word, signifiing as much as occasión, cause, or rea∣son wherefore any thing is done, See Skene de verbo. significa: verbo Encheson.

Encrochement or Accrochemēt, commeth of the french (Accro∣cher. 1. apprehendere, inuncare, harpagare) and that commeth of (Crochure. 1. aduncitas) or (crochu. 1. aduncus) Encrochement, in our common law, signifieth an vn∣lawfull gathering in vpon ano∣ther man. For Example, if two mens grounds lying togither, the one presseth too farre vpon the other: or if a tenent owe two shillings rent seruice to the Lord, & the Lord taketh three: So Hugh and Hugh Spencer en∣croched vnto them royall power and authoritie, annoprim. Ed. 3. in prooem.

Enditement (Indictamentum) commeth of the French (Endi∣ter. i. deferre nomen alicuius, indi∣care) or from the Greeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because M. Lamberd will haue it so. Eirenar. lib. 4. cap. 5. pag. 468. It signifieth in our common lawe, as much as (Ac∣cusatio) in the ciuile lawe, though it haue not in all points the like effect. West parte 2. symb. titulo, Inditements) defineth it thus: An Inditement is a Bill or declaration made in forme of lawe, (for the benefite of the common wealth) of an accusa∣tion for some offence, either cri∣minall or penall, exhibited vnto Iurours, and by their verdict found and presented to be true, before an Officer hauing power to punish the same offence. It is an accusation, because the Iury that inquireth of the offence, doth not receiue it vntill the par∣ty that offereth the Bill, appeare so farre in it, as to subscribe his name, and offer his oth for the truth thereof. It differeth from an Accusation in this, that the preferrer of the Bill is no way tyed to the proofe thereof vpon any penalty, if it be not proued, except there appeare conspira∣cy. Wherefore, though moued by M. Wests authority, I call it an Accusation: yet I take it to be ra∣ther (Denuntiatio) because it is of office done by the great enquest, rather then of a free intent to ac∣cuse. Of this you may reade. S. Tho. Smith de Repub. Anglor. lib. 2. cap. 19. and Stawnf. pl. cor. lib. 2. cap. 23. 24. 25. 26. &c. Vs{que} 34. and M. Lamberds Eirenar∣cha. li. 4. ca. 5. whence you may receiue good satisfaction in this mater.

Endowment (Dotatio) com∣meth of the french (Doüare) and signifieth the bestowing or as∣suring of a Dower. See Dower. But it is sometime vsed meta∣phorically, for the setting forth or seuering of a sufficient porti∣on, for a vickar toward his per∣petuall maintenance, when the benefice is appropriated. See Appropriation. And the statute A. 15. R. 2. cap. 6.

Endowment de la plus Belle part. is where a man dying seised of some lands, houlding in knights seruice, and other some in so∣cage, the widow is sped of her dower, rather in the lands houl∣ding in socage, then knights ser∣uice. Of this reade Litleton more at large. li. 1. ca. 5.

Enfranchisement, cōmeth of the french (Franchise. 1. libertas) and is in a maner a french word of it selfe: It signifieth in our com∣mon law, the incorporating of a man into any societie, or body politicke. For example, he that by charter is made Denizen of England, is said to be enfranchi∣sed; and so is he that is made a citizen of London, or other city, or Burges of any towne corpo∣rate, because he is made parta∣ker of those liberties that ap∣pertaine to the corporation, whereinto he is enfranchised. So a villaine is enfranchised, when he is made free by his Lord, and made capable of the benefites belonging to freemen.

Englecerie (engleceria) is an old abstract word, signifying no∣thing else but to be an English man. For example, if a man bee priuily slaine or murthered, he was in old time accompted (Francigena) which word com∣prehendeth euery alien, vntil En∣glecerie was proued: that is, vn∣till it were made manifest, that he was an Englishman. A man may maruell, what meaning there might be in this: but Bra∣cton cleareth the doubt, who in his third booke tract. 2. cap. 15. num. 3. telleth vs, that when Ca∣nutus the Danish king, hauing setled his estate here in peace, did at the request of our Barons, disburden the land of his armie, wherein he accompted his grea∣test safetie: and conditioned with them, that his countrimen which remained here, should continue in peace: and the more to secure that, that for euery Francigena (vnder which word (as is aboue said) he comprehen∣ded all outlandish men and wo∣men, and especially Danes) that was secretly murthered, there should be leauied to his Treasu∣rie 66. merkes out of the vil∣lage, where the murder was cō∣mitted, or out of the hundred, if the village were not able to pay it: and further, that euery man murdered should be accompted Francigena, except Englecery were proued: which how it was to be proued, looke the 7. number in the same chapter. And see also Horns myrror of Iustices. lib. 1. cap. del office del coroner, and Fleta lib. 1. cap. 30. This Englecerie for the abuses and troubles that af∣terwarde were perceiued to grow by it, was cleane taken away, by a statute made anno

14. Ed. 3. capite quarto.

Enheritance: See Inheritance.

Enquest (Inquisitio) is all one in writing with the french word, and all one in signification both with the French and Latine. Howbeit, it is especially taken for that Inquisition, that neither the Romanes, nor French men e∣uer had vse of, that I can learne. And that is the Enquest of Iurors, or by Iurie, which is the most v∣suall triall of all causes both ci∣uile and criminall in our realme. For in causes ciuill after proofe is made of either side, so much as each partie thinketh good for himselfe, if the doubt be in the fact, it is referred to the discre∣tion of twelue indifferent men, empaneled by the Shyreeue for the purpose: and as they bring in their verdict, so iudgement passeth. For the Iudge saith, the Iurie findeth the fact thus: then is the law thus: and so we iudge. For the enquest in causes crimi∣nall, see Iurie. and see Sir Thomas Smith de Repub. Anglor. lib. 2. cap. 19. An enquest is either of office, or at the mise of the partie. Stawnf. pl. cor. lib. 3. cap. 12.

Entendment, commeth of the French (entendement. i. intellectus, ingenium.) It signifieth in our common lawe so much, as the true meaning or signification of a word or sentence. See of this Kitchin, fol. 224.

Entayle (feudum talliatum) commeth of the French (en∣taille. i. inscisus) and in our cō∣mon lawe, is a substantiue ab∣stract, signifying Fee-tayle, or Fee-intayled. Litleton in the se∣cond chapter of his book, draw∣eth Fee-tayle from the verbe Talliare, (which whence it com∣meth, or whether it will I know not) whereas in truth it must come from the French (taille. i. sectura,) or (tailler. i. scindere, se∣care) And the reason is mani∣fest, because fee-tayle in the law, is nothing but fee abridged, scanted or curtelled, (as you would say,) or limited and tyed to certaine conditions. Taille in Fraunce is metaphorically taken for a tribute or subsidie. v. Lu∣panum de Magistratibus Francorū. lib. 3. cap. Talea. See Fee. See Tayle.

Enterpleder (Interplacitare) is compounded of two french words: (entre. i. inter) and (ple∣der. i. disputare) and it signifieth in our common law, as much as cognitio praeiudicialis in the ciuile law: that is, the discussing of a point incidently falling out, be∣fore the principall cause can take end. For example, two seuerall persons being found heires to land by two seuerall offices in one countie, the king is brought in doubt to whether liuery ought to be made: and therefore be∣fore

liuery be made to either, they must enterpleade, that is, formerly try betweene them¦selues, who is the right heire. Stawnf. praeroga: chap. 19. See more examples in Brooke. titulo Enterpleder.

Entiere tenancie, is contrary to seuerall Tenency, signifiing a sole possession in one man: wheras the other signifieth ioynt or common in more. See Brooke seuerall tenancy. See the new booke of Entries, verbo Entier tenancy.

Entry (Ingressus) commeth of the french (Entree. i. introitus in∣gressus, aditus) and properly sig∣nifieth in our common lawe, the taking possession of lands or te∣nements. See Plowden. Afsise of fresh force in London. fo. 93. b. It is also vsed for a writ of posses∣sion, for the which See Ingressu. And read West also, parte. 2. Sym∣bol. titulo Recoueries. sect: 2. &. 3. Who there sheweth for what things it lyeth, and for what it lyeth not. Of this Britton in his 114. chapter writeth to this effect. The writs of entrie sauour much of the right of propertie. As for example: some be to reco∣uer customes and seruices: in the which are contained these twoe words (solet & debet) as the writs Quo iure, Rationabilibus diuisis, ra∣tionabili estoverio, with such like. And in this plee of entrie there be three degrees: The first is, where a man demandeth landes or tenements of his owne seisin, after the terme is expired. The second is, where one demaun∣deth lands or tenements let by another after the terme expired. The third, where one demaun∣deth lands or tenements of that tenent, that had entry by one, to whom some auncestor of the plaintife did let it for a term now expired. According to which degrees the writs for more fit re∣medie are varied. And there is yet a fourth forme, which is without the degrees, and in case of a more remote seisin, whereunto the other three de∣grees do not extend. The writ in the second degree is called a writ of entrie in le per: and a writ in the third degree is called a writ of entrie in le per & cui: and the fourth forme 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 con∣ceiued out of the right case, so that one forme be brought for another, it is abatable. The form of the first degree is such. Praeci∣pe Willielmo quod reddat Petro ma∣nerium de B. cum pertinentiis quod ille dimisit pro termino, qui est elap∣sus. The second is such: Praecipe Petro quod reddat Willielmo mane∣rium

&c. in quod ille non habuit in∣gressum nisi per patrem a〈…〉〈…〉 matrem, avunculum, vel amitam, vel cogna∣tum, avum vel proavum dicti Pe∣tri, qui dictum manerium danifit pro termino qui est elapsus. The third forme is such: Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum ni∣si per T. cui talis pater vel mater, vel alius antecessor aut cognatus i∣dem dimisit, cuius haeres est ipse Pe∣trus, pro termino, qui est elapsus. And the forme without the de∣grees is such: In quod non habuit ingressum, nisi post lessam, quam talis pater aut mater (sic vt supra) cuius haeres ille est, inde fecit pro termino, qui est elapsus. And in those foure degrees be compre∣hended all maner writs of entry, which be without certaintie and number. Thus farre Britton: by whome you may perceiue, that those words (solet & debet) and also those other words (in le per) (in le per & cut) and (in le post) which we meete with many times in bookes shortly and ob∣scurely mentioned, do signifie nothing else, but diuers formes of this writ, applyed to the case, whereupon it is brought; and each forme taking his name from the said words contained in the writ. And of this reade Fitz. in his nat. br. fol. 193. & 194. This writ of entry differeth from an assise, because it lyeth for the most part, against him, who en∣tred lawfully, but houldeth a∣gainst lawe: whereas an assise ly∣eth against him that vnlawfully disseised: yet sometime a writ of entrie lyeth vpon an intrusion. Regist. orig. fol. 233. b. See the new booke of Entries, verbo. En∣tre Brevis. fol. 254. colum. 3. I reade of a writ of entry in the nature of an assise. Of this writ in all his degrees, reade Fleta lib. 5. cap. 34. & seqq. 5.

Entrusion (Intrusio) in our cō∣mon lawe, signifieth a violent or vnlawfull entrance into lands or tenements, being vtterly voide of a possessour, by him that hath no right nor sparke of right vnto them. Bracton lib. 4. cap. 2. For example, if a man steppe in vpon any lands, the owner whereof lately died, and the right heire, neither by himselfe nor others, as yet hath taken possession of them. What the difference is be∣tweene Abator and Intrudor, I do not well perceiue, except an Abatour be he that steppeth into land voide by the death of a te∣nent in fee, and an Entrudour that doth the like into lands, &c. voide by the death of the tenent for termes of life or yeares. See Fitz. nat. br. fol. 203. F. The au∣thour of the new Termes of law would haue abatement latined, (Interpositionem, aut Introitionem per interpositionem) and to be re∣strained

to him that entreth be∣fore the heyre after the decease of a tenent for life, though the new booke of Entries fol. 63. C. & 205. D. & 519. C. by his confession doth Latine (Abate∣ment) by this word (Intrusionem.) See Abatement. See Disseisin. See Britton, cap. 65. Entrusion is also taken for the writ brought a∣gainst an Intrudour, which see in Fitzh. nat. br. fol. 203.

Entrusion de gard, is a writ, that lyeth where the Infant within age entred into his lands, and houldeth his Lord out: for in this case, the Lord shall not haue the writ (De communi custodia) But this. Old nat. br. fol. 90.

Envre, signifieth to take place or effect, to be avaylable, Exam∣ple: A Release shall envure by way of extinguishment. Litleton. cap: Release: And a release made to a tenent for terme of life, shall inure to him in the Reuersion.

Erius, alius Iris, is the flower de. luce. whose diuers kindes you haue expressed in Gerards herball. lib. 1. ca. 34. The roote of this is mentioned among merchan∣dize or drugs to be garbled. anno. 1. laco. ca. 19.

Ermins, seemeth to come of the french (Ermine. i. mus arane∣us) it signifieth a furre of great price.

Erminstreate. See Watlingstreate.

Errant (Itinerans) commeth of the french (Errer). i. errare) or the ould word (Erre. i. iter) It is attributed to Iustices of cir∣cuit. pl. cor: f: 15. and Baylifes at large. See Iustices in Eyre. and Baylife. See also Eyre.

Errour (Error) commeth of the french (Erreur) and signifi∣eth more specially in our com∣mon law, an errour in pleading or in the proces. Brooke, titulo Er∣rour. And thereuppon the writ, which is brought for remedy of this ouersight, is called a writ of error, in Latine, De errore corrigen∣do: thus defined by Fitz. in his nat. br. fol. 20. A writ of errour is that properly, which lyeth to redresse false iudgement giuen in any court of record, as in the common bench, London, or o∣ther citie, hauing power (by the kings charter or prescription) to hold plee of debt. See the new booke of Entries. verbo. Error. or trespasse aboue the summe of twenty shillings. This is borow∣ed from the French practise, which they call (proposition d'er∣reur.) Wherof you may reade in Gregorius De appellation. pag. 36. In what diuersitie of cases this writ lyeth, see the Register origi∣nall in the Table, verb. Errore corrigendo, and Register iudiciall. fol. 34. There is likewise a writ of errour to reuerse a fine. West parte 2 sect. symbol. titulo. Fines 151.

Errore corrigendo. See Errour.

Escambio, is a licence graunted to one, for the making over of a Bill of Exchange to a man o∣uer Sea. Register. original. fol. 194. a.

Escape (Escapium) commeth of the French (Eschapper.. i. aufugere effugere): and signifieth in the lawe, a violent or priuie evasion out of some lawfull restraint. For example, if the Shyreeue vpon a Capias directed vnto him, take one, and indeavour to carie him to the Gaol, and he in the way, either by violence or by slight, breake from him: this is called an Escape. pl. cor. fol. 70. Many exam∣ples might bee brought out of him and others, but the thing is plaine: Stawnford lib. 1. ca. 26. pl. cor. nameth two kindes of Es∣capes, voluntarie & negligent: Voluntarie is, when one a∣resteth another for felonie or some other crime, and after∣wards letteth him goe whither he listeth. In which escape the partie that permitteth it, is by lawe guiltie of the fault commit∣ted by him that escapeth, be it felonie, treason, or trespas: Neg∣ligent escape is, when one is ar∣rested, and afterward escapeth against his wil that arrested him, and is not pursued by fresh suite, and taken againe, before the partie pursuing hath lost the fight of him: Idem, cap. 27. but there read more of this mater, for there be doubts worth the consideration. And of the course of punishment by the ciuill lawe in this point, reade in practica cri∣minali Claudii de Battandier. reg. 143. reade also Cromptons Iustice. fol. 35. b. & fol. 36. & 37. and read the newe Termes of lawe. There is an escape of beasts like∣wise: and therefore he that by charter, is quietus de escapio in the forest, is deliuered of that pu∣nishment, which by order of the forest, lieth vpon those whose beasts be found within the land forbidden: Cromptons Iurisdict. fo. 196.

Eschequer (Scaccarium) com∣meth of the French (Eschequier. i. abacus, tabula lusoria) and signi∣fieth the place or court of all re∣ceipts belonging to the crowne, and is so termed, as I take it, by reason that in auncient times, the accomptants in that office vsed such tables as Arithmeticians vse for their cal∣culations, for that is one fignifi∣cation of (Abacus) amonst o∣thers. Polidor. Virgil. lib. 9. histo. Anglo. saith that the true word in latine is Statarium, and by a∣buse called Scaccarium. In mine opinion, it may well seeme to be taken from the German word (schatz) signifiing as much as (the saurus) or (fiscus) And from this fountaine (no doubt)

springeth the Italian word (Zec∣cha) signifiing a mynt: and Zec∣cherii aliàs Zecchieri) the officers thereunto belonging, Descis. Ge∣ruen 134. M. Cam. in his Britan. p. 113. saith that this court or of∣fice tooke the name à tabula ad quam assidebant, proouing it out of Geruasius Tilburiensis, whose words you may read in him. This court is taken from the Normans, as appeareth by the grand Custumarie. cap. 56. where you may finde the Esche∣quier thus described. The Eschi∣quier is called an assemblie of high Iusticiers, to whome it ap∣pertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done, and vnaduisedly iudged: and to doe right to all men without delaie, as from the princes mouth: Skene de verbo. significatione: verbo (Scaccarium) hath, out of Paulus Aemilius these words: Scaccari∣um dicitur quasi Statarium, quòd homines ibi in iure sistantur, vel quòd sit stataria & perennis Curia, cum ceterae curiae essent indictivae, nec loco nec tempore statae: where he saith also of himselfe, that in Scotland the Eschequer was stable, but the other session was deam∣bulatorie, before Iames the 5. qui instituit Statariam curiam, cum antea esset indictiva: he addeth farder: Others thinke that Scac∣carium is so called a similitudine ludi Scaccorum, that is the play of the chests: because many persons meete in the Chequer, pleading their causes one against the o∣ther, as if they were fighting in an arraied battaile: Others think that it commeth from an old Saxon word (Scata) as writeth S. Thomas Smith, which signifieth treasure, taxation, or imposts, whereof accompt is made in the Chequer: This court consisteth, as it were, of 2. parts: whereof one is conuersant especially in the iudiciall hearing and deci∣ding of all causes appertaining to the princes cofers, auncient∣ly called Scaccarium computorum, as Ockam testifieth in his lucubra∣tion: the other is called the re∣ceipt of the Eschequer, which is properly imploied in the recei∣uing and paiment of money. Crompton in his Iurisdictions, fo. 105. defineth it to be a court of record, wherein al causes touch∣ing the reuenewes of the crown are handled. The officers belon∣ging to both these, you may find named in M. Camdens Bri∣tannia, ca. Tribunalia Angliae, to whome I referre you. The kings exchequer which now is setled in Westminster, was in diuers countries of Wales, anno 27. H. 8. ca. 5. but especially ca. 26.

Escheate (Eschaeta) cōmeth of the French (escheoir, i. cadere, acci∣dere,

excidere, and signifieth in our common lawe, any lands or o∣ther profits, that fall to a Lord within his maner by way of for∣feiture, or the death of his tenēt, dying without heire generall or especiall, or leauing his heire within age or vnmari∣ed, Magna chart. ca. 31. Fitzh. nat. br. fol. 143. T. &c. Escheate is also vsed some time for the place or circuit within the which the king or other Lord hath es∣cheates of his tenents. Bracton li. 3. tract. 2. cap. 2. & pupilla oculi par∣te 5. ca. 22. Escheate thirdly, is v∣sed for a writ, which lieth, where the tenent hauing estate of see simple in any lands or tenements holden of a superiour lord, dieth seised without heire generall or especiall. For in this case the Lord bringeth this writ against him that possesseth these lands after the death of his tenent, and shall thereby recouer the same in liew of his seruices. Fitzh. nat. br. fol. 144. These that we call Escheats, are in the kingdome of Naples called Excadentiae or bo∣na excadentialia: as: Baro locat ex∣cadentias eo modo quo locatae fuerūt ab antiquo: it a quod in nullo debit a servitia minuantur, & non remittit gallinam debitam: Iacobutius de Franchis in praeludiis ad feudorum vsum, tit. 1. nu. 29. & nu. 23. v. Ma∣ranta singularia, verbo Excadentia. And in the same signification, as we say the fee is escheated, the Feudists vse (feudum aperi∣tur. li. 1. feud. titulo. 18. §. 2. ti. 15. & ti. 26. §. 4.

Escheatour (Escaetor) commeth of (Escheate) and signifieth an officer that obserueth the Esche∣ates of the king in the countie, whereof he is Escheatour, and certifieth them into the Esche∣quer: This officer is appointed by the L. treasurer, and by leters patents from him, and continu∣eth in his office but one yeare, neither can any be Escheatour a∣boue once in 3. yeares. anno. 1. H. 8. cap. 8. & anno 3. eiusd. ca. 2. See more of this officer and his au∣thoritie in Cromptons Iustice of peace. See an. 29. Ed. 1. The forme of the Escheatours oath, see in the Register original. fol. 201. b. Fitzh. calleth him an officer of record. nat. br. fol. 100. C. because that which he certifieth by ver∣tue of his office, hath the credit of a record. Officium escaetriae, is the escheatourship. Register. o∣rig. fo. 259. b.

Escuage (Scutagiū) commeth of the French (Escu. i. clypeus) a bucler or sneild. In our common lawe, it signifieth a kinde of knights seruice, called seruice of the shield, whereby the tenent holding is bound to follow his Lord into the Scottish or Welsh warres, at his owne charge: for

the which see Chyvalrie. But note that Escuage is either vn∣certaine or certaine. Escuage vn∣certaine, is properly Escuage, and knights seruice, being subiect to homage fealtie, ward and mari∣age, so called, because it is vncer∣taine how often a man shalbe called to followe his lord into those wars, and againe what his charge wilbe in each iourney. Escuage certaine, is that which yearely payeth a certaine rent in lieu of all seruices, being no fur∣ther bound then to pay his rent, called a knights fee, or halfe a knights fee, or the fourth part of a knights fee, according to his land & this leeseth the nature of knights seruice, though it hold the name of Escuage, being in in effect, Soccage. Fitzh. nat. br. fol. 84. C.

Esnecy (Aesnecia) is a prero∣gatiue giuen to the eldest copar∣cener, to choose first after the inheritance is diuided. Fleta. li. 5. ca. 10. §. in diuisionem.

Esplees (Expletia) seeme to be the full profits that the ground or land yeldeth, as the hay of the medowes, the feede of the pa∣sture, the corne of the earable, the rents, seruices, and such like issues: Ingham. It seemeth to pro∣ceede from the latine (expleo) The profits comprised vnder this word, the Romans call properly accessiones. Nam accessionum nomi∣ne intelligūtur ea generaliter omnia, quae ex re, de qua agitur, orta sunt, veluti fructus, partus, & om∣nis causa rei, & quaecunque ex re procedunt. l. 2. Π. De in diem ad∣iectio. li. 50. Π. Ad Trebel. l. 61. §. hiis etiam. Π. de furt. See the new Terms of law.

Esquier (Armiger) is in leters little altered from the french (Escuier. i. scutiger) It signifieth with vs a gentleman, or one that beareth armes, as a testimony of his nobilitie or gentrie. S. Tho∣mas Smith is of opinion, that at the first, these were bearers of armes to Lords and Knights, and by that had their name and dig∣nity. Indeede the french word is sometime translated (Agaso) that is, a boy to attend or keepe a horse, and in ould English wri∣ters, it is vsed for a lackey or one that carieth the shield or speare of a knight. Mast. Camden in his Britannia pag: 111. hath these words of them: hauing spoken of Knights: Hiis proximi fuere Ar∣migers, qui & scutiseri, homines{que} ad arma dicti, qui vel a clypeis gen∣tilitiis, qua in nobilitatis insignia gestant: vel quia principibus & ma∣toribus illis nobilibus ab armis e∣rant, nomen traxerunt. Olim enim ex hiis duo vnicuique militi seruie∣bant, galeam clypeumque gestabant. &c. Hotoman in the sixth chapter of his disputatiōs vpon the feods saith, that these which the

French men call Escuiers) were a militarie kinde of vassall haue∣ing ius scuti, which is as much to say (he there interpreteth him selfe) as that they bare a shield, and in it the ensignes of their fa∣mily, in token of their gentility or dignity.

Essendi quietum de telonio, is a writ that lieth for Citizens or burgesses of any city or towne, that haue a charter or prescrip∣tion to exempt them from tolle, through the whole realme, if it chaunce they be any where ex∣acted the same. Fitzh. nat. br. fol. 226. Register fol. 258.

Essoine (Essonium) commeth of the French (Essoniè or exonniè. i. causarius miles) he that hath his presence forborne or excused vpon any iust cause, as sicknesse or other incumbrance. It signifi∣eth in our common lawe, an alledgement of an excuse for him that is summoned, or sought for to appeare and answer to an a∣ction reall, or to performe suite to a court baron, vpon iust cause of absence. It is as much as (ex∣cusatio) with the Ciuilians. The causes that serue to Essoine any man summoned, be diuers & in∣finite: yet drawne to fiue heads, whereof the first is (vltra mare) the second (de terra sancta) the third (de malo vemendi) which is also called the common Essoine the fourth is (de malo lecti) the fifth (de seruitio Regis) For further knowledge of these, I referre you to Glanvile in his whole first booke, and Bracton li. 5. tra∣ctat. 2. per totum. and Brittan ca. 122. 123. 124. 125. and to Horns mirrour of Iustices, li. 1. ca. des Es∣soinis, who maketh mention of some more Essoines touching the seruice of the king celestiall, then the rest doe, and of some other points not vnworthie to be knowne. Of these essoines you may reade farder in Fleta l. 6. c. 8. & seqq. & that these came to vs frō the Normans, is well shewed by the Grand Custumarie, where you may find in a maner all said, that our lawyers haue of this mater, cap. 39. 40. 41. 42. 43. 44. 45.

Essoines and profers, anno 32. H. 8. cap. 21. See Profer.

Essonio de malo lecti, is a writ directed to the Shyreeue, for the sending of 4. lawfull knights to view one that hath essoined himselfe de malo lecti. Register. o∣rig. fol. 8. b.

Establishment of dower, seemeth to be the assurance of dower, made to the wife by the hus∣band or his freinds, before or at mariage. And assignement is the setting it out by the heire after∣ward, according to the Esta∣blishment. Britton. cap. 102. & 103.

Estandard or Standard, com∣meth

of the French (Estandart) or Estendart. i. signum, vexillum. It signifieth an Ensigne in warre, as well with vs as with them. But it is also vsed for the principall or standing measure of the King, to the scant∣ling whereof, all the measures through the land, are or ought to be framed by the Clerk of the market, Aulneger, or other officer according to their functions, For it was established by the statute of Magna charta. anno 6. H. 3. ca. 9. that there should be but one scantlin of weights or measures thorough the whole realme, which is sit hence confirmed by Anno 14. Ed. 3. ca. 12. and many other sta∣tutes, as also that all should be fitted to the Standard sea∣led with the kings seale. It is not called a Standard without great reason: be∣cause it standeth constant and immoueable, and hath all other measures comming toward it for their confor∣mitie, euen as souldiours in field haue their Standard or colours for their direction in their march or skirmish. Of these Standards and measures, reade Britton. cap. 30.

Estate, commeth of the French (Estat. i. conditio) and signifieth especially in our cō∣mon lawe, that title or in∣terest, which a man hath in lands or tenements, as e∣state simple, otherwise cal∣led fee simple, and estate con∣ditionall or vpon condition, which is (as Litleton saith, li. 3. ca. 5.) either vpon condition indeede, or vpon condition in lawe. Estate vpon condition in deede is, where a man by deede indented infeoffeth another in fee, reseruing to him and to his heires yeare∣lie a certaine rent paiable at one feast or at diuers, vp∣on condition that if the rent be behind, &c. that it shall be lawfull to the feoffour and to his heires, to enter in the lands or tenements, &c. E∣state vpon condition in lawe, is such as hath a considerati∣on in the lawe annexed to it, though it be not specified in writing. For example, if a man graunt to another by his deed, the office of a Parkership for terme of his life, this estate is vpon condition in the lawe, or imploied by lawe. viz. if the Parker so long shall wel and truly keepe the parke, &c. I reade also of an e∣state particular, which is an estate for life or for yeares. Parkins Surrenders. 581.

Estopel, seemeth to come from the French (estouper. i. oppilare, ob∣turare, stipare, obstipare) and signi∣fieth

in our common lawe, an impediment or barre of an a∣ction growing from his owne fact, that hath or otherwise might haue had his action: for example: A tenent maketh a feofment by collusion to one: the Lord accepteth the seruices of the feoffee: by this he debar∣reth himselfe of the wardship of his tenents heire. Fitz. nat. br. fo. 142. K. Diuers other examples might be shewed out of him and Brooke h. titule Sir Edward Cooke. lib. 2. casu Goddard fol. 4. b. defi∣neth an estopel to be a barre or hindrance vnto one to pleade the truth, and restraineth it not to the impediment giuen to a man by his owne act onely, but by anothers also. li. 3. The case of Fines. fol. 88. a.

Estovers (Estoverium) com∣meth of the French (estouver. 1. fovere) and signifieth in our com∣mon lawe, nourishment or maintenance: for example: Bra∣cton. lib. 3. tractat. 2. cap. 18. num. 2. vseth it for that suste∣nance, which a man taken for felonie, is to haue out of his lands or goods for himselfe and his family, during his imprison∣ment: and the statute anno 6. Ed. prim. cap. 3. vseth it for an allow∣ance in meate or cloath. It is also vsed for certaine allowances of wood, to be taken out of ano∣ther mans woods. So is it vsed West. 2. cap. 25. anno 13. Edw. 1. M. West parte 2. symbol. titulo Fi∣nes. sect. 26. saith, that the name of Estovers containeth house∣bote, hay-bote, and plow-bote: as if he haue in his graunt these generall words: De rationabili estoverio in boscis, &c. he may thereby clay me these three.

Estrepement, or Estripament, (estrepementum) commeth of the French word (estropier. i. mutilare, obtruncare) the which word the French men haue also borowed of the Italians, or rather Spani∣ards, with whome (Estropear) sig∣nifieth to set vpon the racke. It signifieth in our common lawe, spoile made by the tenent for terme of life, vpon any lands or woods, to the preiudice of him in the reversion, as namely in the statute anno 6. Ed. 1. ca. 13. And it may seeme by the deriuation, that Estrepament is properly the vnm easurable soaking or draw∣ing of the heart of the land by ploughing or sowing it continu∣ally, without manuring, or other such vsage as is requi∣site in good husbandrie. And yet (Estropier signifying mutilare) it may no lesse conueniently be applied to those, that cut downe trees or loppe them farder then the lawe will beare. This signi∣fieth also a writte, which lieth in two sorts, the one is, when a man hauing an action depen∣ding

(as a fordom, or dum fuit in∣fra aetatem, or writ of right, or any such other) wherein the de∣mandant is not to recouer dam∣mages, sieweth to inhibite the tenent for making waste, during the suite. The other sort is for the demaundant, that is adiud∣ged to recouer seisin of the land in question, and before executiō siewed by the writ Habere fa∣cias seisinam, for feare of waste to be made before he can get possession, sieweth out this writ: See more of this, in Fitzh. nat. br. fol. 60. & 61. See the Re∣gister orig. fol. 76. and the Re∣gist. iudicial. fol. 33.

Estreate (extractum vel extra∣cta) commeth of the French (Traict) which among other things signifieth a figure or re∣semblance: and is vsed in our common lawe, for the copie or true note of an originall writing. For example, of amerciaments or penalties set downe in the rolles of a court, to be leauied by the Bay liffe or other officer, of euery man for his offence. See Fitzh. nat. br. fol. 75. H. I. K. & 76. A. And so is it vsed Westm. 2. cap. 8. anno 13. Edw. 1.

Estrey (extrahura) in our com∣mon law signifieth any beast not wilde, found within any Lord∣ship, and not owned by any man. For in this case, if it being cried, according to lawe, in the market townes adioyning, shall not be claimed by the owner within a yeare and a day, it is the Lords of the soyle. See Brit∣ton cap. 17. See Estrayes in the Forest, anno 27. H. 8. cap. 7. New booke of Entries. verbo. Trespas concernant estrey.

Evidence, (Evidentia) is vsed in our lawe generally for any proofe, be it testimonie of men or instrument. Sir Thomas Smith vseth it in both sortes. lib. 2. cap. 17. in these words: Evidence, in this signification, is authenti∣call writings of contracts after the maner of England, that is to say, written, sealed, and deliue∣red. And lib. 2. cap. 23. speaking of the prisoner that standeth at the barre, to pleade for his life, and of those that charge him with felonie, he saith thus: then he telleth what he can say: after him likewise all those, who were at the apprehension of the priso∣ner, or who can giue any Indi∣ces or tokens, which we call in our language (Evidence) against the malefactour.

Examiner in the Chauncerie or Starre-chamber, (examinator) is an Officer in either Court, that examineth the parties to any suite vpon their oathes, or wit∣nesses producted of either side: whereof there be in the Chaun∣cerie two.

Exception (exceptio) is a stoppe

or stay to an action, being vsed in the ciuill and common lawe both alike, and in both diuided into dilatorie and peremptorie. Of these see Bract. lib. 5. tract. 5. per totum, and Britton cap. 91. 92.

Exchaunge, (excambium, vel cambium) hath a peculiar signifi∣cation in our common lawe, and is vsed for that compensation, which the warrantor must make to the warrantee, valewe for va∣lue, if the land warranted be re∣couered from the warrantee. Bracton lib. 2. cap. 16. & li. 1. cap. 19. It signifieth also generally as much as (Permutatio) with the Civilians, as the Kings Ex∣chaunge, anno 1. H. 6. cap. 1. & 4. & anno 9. Ed. 3. stat. 2. cap. 7. which is nothing else, but the place appointed by the king for the exchaunge of bullion, be it gold or siluer, or plate, &c. with the Kings coine. These pla∣ces haue bene diuers heretofore as appeareth by the saide sta∣tutes. But now is there only one, viz. the tower of London conjoy∣ned with the mint. Which in time past might not be, as ap∣peareth by anno 1. Henrici 6. ca. 4.

Exchequer, see Eschequer.

Excheatour, see Escheatour.

Excommunication, (excommu∣nicatio) is thus defined by Panor∣mitan: Excommunicatio est nihil aliud, quàm censura à Canone, vel Iudice ecclesiastico prolata & insti∣cta, privans legitima communione sacramentorum, & quandoque ho∣minum. And it is diuided in ma∣iorem & minorem, Minor est, per quam quis à Sacramentorum parti∣cipatione conscientia vel sententia arcetur. Maior est, quae non solùm à Sacramentorum, verùm etiam fi∣delium communione excludit, & ab omniactu legitimo separat & di vidit. Venatorius de sentent. excom.

Excommunicato capiendo, is a writ directed to the Shyreeue, for the apprehension of him that standeth obstinately excommu∣nicated for fortie dayes: for such a one not seeking absolu∣tion, hath or may haue his contempt certified or signified into the Chauncerie, whence issueth this writ, for the laying of him vp without baile or main∣prise, vntill he conforme him∣selfe. See Fitz. nat. br. fol. 62. & anno 5. Eliz cap. 23. and the Re∣gist. orig. fol. 65. 67. & 70.

Excōmunicato deliberando, is a writ to the vnder shyreeue, for the deliuery of an excōmunicate person out of prison, vpon certi∣ficate from the Ordinary of his conformitie to the iurisdiction ecclesiasticall. See Fitzh. nat. br: fol. 63. A. and the Register fol. 65. & 67.

Excommunicato recipiendo, is a writ whereby persons excommu∣nicate, being for their obstinacie committed to prison, and vn∣lawfully

deliuered thence, be∣fore they haue giuen caution to obey the authority of the church, are commaunded to be sought for and laide vp againe. Register orig. fo. 67. a.

Executione facienda, is a writ commaunding execution of a iudgement: the diuers vses wher∣of, see in the table of the register iudiciall. verbo Executione faci∣enda.

Executione facienda in Wither∣namium, is a writ that lyeth for the taking of his catell, that for∣merly hath conueyed out of the county the catell of another, so that the bayliffe hauing authori∣ty from the shyreeue, to repleuy the cattell so conueighed away, could not execute his charge. Register originall, fol. 82. b.

Execution (Executio) in the common law, signifieth the last performance of an act, as of a fine, or of a iudgement. And the execution of a fine, is the obtain∣ing of actuall possession of the things contained in the same, by vertue thereof: which is either by entry into the lands, or by writ: whereof see West at large, parte. 2. Symbol. titulo Fines. sect: 136. 137. 138. Executing of iudgements, and statutes, and such like, see in Fitzh. nat. br. in Indi∣ce. 2. Verbo Execution. S. Ed. Coke. vol: 6. casu Blumfield. fo. 87. a. maketh two sorts of executions, one finall, another with a (quous∣que) tending to an end. An exe∣cution finall is that, which ma∣keth mony of the defendants goods, or extendeth his lands, and deliuereth them to the plain∣tife. For this the party accepteth in satisfaction: and this is the end of the suite, and all that the kings writ commaundeth to be done. The other sort with a (Quousque) is tending to an end, and not fi∣nall, as in the case of (capias ad satisfaciendum &c.) this is not fi∣nall: but the body of the party is to be taken, to the intent and purpose to satisfie the demaun∣dant: and his imprisonment is not absolute, but vntill the de∣fendant doe satisfie. Idem. ibidem.

Executour (Executor) is he, that is appointed by any man, in his last will and testament, to haue the disposing of all his sub∣stance, according to the content of the said will. This Executor is either particular or vniuersall. Particular, as if this or that thing onely be committed to his charge. Vniuersall, if all. And this is in the place of him, whom the Ciuilians call haeredem, and the law accounteth one person with the party, whose executor he is, as hauing all aduantage of action against all men, that he had, so likewise being subiect to euery mans action, as farre as himselfe was. This executor had

his beginning in the ciuill lawe, by the constitutions of the Em∣perours, who first permitted those, that thought good by their wils to bestowe any thing vpon good and godly vses, to appoint whome they pleased, to see the same performed, and if they appointed none, then they ordained, that the bishop of the place should haue authoritie of course, to effect it. l. 28. C. de Epis∣copis & clericis. And from this in mine opinion, time and ex∣perience hath wrought out the vse of these vniuersall execu∣tors, as also brought the ad∣ministration of their goods that die without will, vnto the Bishop.

Exemplificatione, is a writ gran∣ted for the exemplification of an originall, see the Register original. fol. 290.

Ex gravi querela, is a writ that lieth for him, vnto whome any lands or tenements in fee within a city, towne or borough, being devisable, are deuised by will, and the heire of the deui∣sour entreth into them, and de∣taineth them from him. Register originall. fol. 244. Old nat. br. fol. 87. See Fitzh. nat. br. fol. 198. L.

Exigendarie of the common banke (Exigendarius de banco co∣muni) is otherwise called Exi∣genter. anno 10. H. 6. cap. 4. and is an officer belonging to that court, for the which see Exigen∣ter.

Exigent (Exigenda) is a writ, that lyeth where the defendant in an action personall, cannot be found, nor any thing within the county, whereby to be attached or distrained, and is directed to the Shyreeue, to proclaime and call fiue county daies one after another, charging him to ap∣peare vnder the paine of outlaw∣rie. Termes of the law. This writ lyeth also in an indictment of fe∣lony, where the party indicted cannot be found: Smith de Rep. Angl. li. 2. ca. 19. It seemeth to be called an Exigent: because it exacteth the party, that is, re∣quireth his expearance or forth-comming, to answer the lawe, for if he come not at the last daies proclamation, he is saide to be quinquies exactus, and then is outlawed. Crompton Iurisd. fol. 188. and this M. Manwood also setteth downe for the law of the forest. parte. i. of his forest lawes pag. 71. See the new booke of En∣tries, verbo Exigent.

Exigenter (Exigendarius) an∣no 18. H. 6. ca. 9. is an officer of the court of common plees, of whom there be foure in num∣ber: They make all Exigents and proclamations in all actions, where proces of outlawrie doth lie, and writs of supersedeas, as

well as the protonotaries, vpon such exigents, as were made in their offices.

Ex mero motu, are words for∣mally vsed in any charter of the Prince, whereby he signifieth, that he doth that which is cōtai∣ned in the charter of his owne will and motion, without peti∣tion or suggestion made by any other. And the effect of these words are to barre al exceptions, that might be taken vnto the in∣strument wherein they be con∣tained, by alledging that the Prince in passing that charter, was abused by any false sugge∣stion: Kitchin fol. 151.

Exoneratione sectae, is a writ that lyeth for the kings ward, to be disburdened of all suite, &c. to the Countie, Hundred, Leet, or court Baron, during the time of his wardship. Fitz. nat. br. fol. 158.

Exparte latis, is a writ that lyeth for a Bayliffe or Receiuer, that hauing Auditours assigned to heare his accompt, cannot obtaine of them reasonable al∣lowance, but is cast into prison by them. Regist. fol. 137. Fitzh. nat. br. fol. 129. The maner in this case is, to take this writ out of the Chauncerie directed to the Shyreeue, to take foure mainper∣uours to bring his bodie before the Barons of the Echequer at a day certaine, & to warn the Lord to appeare at that time: Newe Tearmes of the lawe. verb. Ac∣compt.

Expectant, is vsed in the com∣mon lawe with this word (fee) and thus vsed, it is opposite to Fee-simple. For example, lands are giuen to a man and his wife in franke mariage, to haue and to hold to them and their heires. In this case they haue Fee simple. But if it be giuen to them and the heires of their body, &c. they haue tayle and see ex∣pectant. Kitchin fol. 153. Ma∣thaeus de afflictis vseth the Adie∣ctiue (expectativa) substantiuely in the same signification. Descis. 292. num. 2. pag. 412.

Explees. See Espleese.

Expeditate (expeditare) is a word vsuall in the Forest, signifi∣ing to cut out the balles of the great dogges feet, for the pre∣seruation of the Kings game. E∣uery one that keepeth any great dogges not expeditated, forfei∣teth to the king 3. shillings 4. pence. Crompt. iurisd. fol. 152. M. Manwood vseth the same word, parte prim. of his Forest lawes, pag. 205. and pag. 212. he setteth downe the manner of ex∣peditating dogges heretofore, viz. Quòd tres ortelli abscindantur sine pellota de pede anteriori. i. that the three clawes of the sorefoot on the right side, shall be cut off by the skinne, whereunto he also

addeth out of the same ordi∣nance, called the Assise of the Forest, that the same maner of expeditating of dogges, shall be still vsed and kept, and none o∣ther. Quaere whence it groweth, that M. Crompton and hee differ: the one saying, that the ball of the foote it cut out, the other that the three foreclawes are pa∣red off by the skinne.

Expensis militum levandis, is a writ directed to the shyrecue, for levying the allowance for Knights of the Parlament. Regi∣ster original. fol. 191. b.

Expensis militum non levandis ab hominibus de antiquo dominico, nec à natiuis, is a writ whereby to prohibite the Shyreeue from levying any allowance for the Knights of the Shire, vpon those that hold in auncient demesn, &c. Regist. orig. fol. 261. b.

Extend (extendere) commeth of the French (estendre. i. dilatare, dispandere, distendere) and signifi∣eth in our common lawe, to va∣lew the lands or tenements of one bound by statute, &c. that hath forfeited his bond, to such an indifferent rate, as by the yearely rent the obligour may in time be paide his debt. The course and circumstances of this see in Fitzh. nat. br. fol. 131. Brief d'execution sur statut Mer∣chant.

Extendi facias, is a writ ordi∣narily called a writ of extent, whereby the valew of lands, &c. is commaunded to be made and leavied in divers cases, which see in the table of the Register origi∣nall.

Extent (extenta) hath two sig∣nifications, sometime signifi∣ing a writ or commission to the shyreeue for the valuing of lands or tenements. Register iudiciall in the Table of the booke: some∣time the act of the Shyreeue or other Commissioner, vpon this writ. Brooke titulo. Extent. fol. 313.

Extinguishment, in our com∣mon law, signifieth an effect of consolidation. For example, if a man haue due vnto him a yeare∣ly rent out of any lands, and af∣terward purchase the same lands, now both the property and rent are consolidated, or vnited in one possessour, and therefore the rent is said to be extinguished. In like maner it is, where a man hath a lease for yeares, and af∣terwards buyeth the property: this is a consolidation of the property and the fruites, and is an extinguishment of the lease, See the terms of lawe.

Extirpatione, is a writ Iudici∣all, that lyeth against him, who after a verdict found against him for land, &c. doth maliciously o∣uerthrow any house vpon it, &c. and it is two-fold, one ante iudi∣cium,

the other post iudicium: Re∣gister iudiciall fol. 13. 56. 58.

Extortion (Extortio) signifieth in our common law, an vnlaw∣full or violent wringing of mony or mony worth from any man. For example, if any officer by terrifiing any the kings subiects in his office, take more then his ordinary duties, he committeth, and is inditeable of extortion: To this (by M. Wests iudgment) may be referred the exaction of vnlawfull vsurie, winning by vnlawfull games, and (in one word) all taking of more then is due, by colour or pretence of right; as excessiue tolle in mil∣ners, excessiue prices of ale, bread, victuals, wares, &c. West parte. 2. Simbol. titulo. Indictments sect: 65. M: Manwood saith, that extortion is Colore officis, and not virtute officii. parte. 1. of his forest lawes, pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect: wrong done by any man is properly a trespas: but excessiue wrong done by any is called extortion: and this is most properly in offi∣cers, as Shyreeues, Maiors, Bay∣lifes, Escheatours, and other offi∣cers whatsoeuer, that by colour of their office worke great op∣pression, and excessiue wrong vnto the Kings subiects, in taking excessiue rewarde, or fees, for the execution of their office. Great diuersity of cases touching extortion, you may see in Cromptons Iustice of peace. fol. 48. b. & 49. & 50. See the difference betweene colore officij, & virtute vel ratione officij. Plowd. casu. Dives. fol. 64. a. This word is vsed in the same signification in Italy also. For Cavalcanus de brachio regio, parte 5. num. 21. thus describeth it. Extortio dici∣tur fieri, quando Iudex cogit aliquod sibi dari quod non est debitum, vel quodest vltrà debitum: vel ante tempus petit id, quod post admini∣stratam iustitiam debetur.

Extreats. See Estreats.

Eyre. See Eire.

F

FAculty, (facultas) as it is restrained from the original and actiue signification, to a par∣ticular vnderstanding in lawe, is vsed for a priuiledge, or espe∣ciall power graunted vnto a man by fauour, indulgence, and dispensation, to do that which by the common lawe he cannot doe: as to eate flesh vpon daies prohibited, to mary without bans first asked, to hold two or more ecclesiasticall liuings, the sonne to succeede the father in a benefice; and such like. And for the graunting of these, there is an especiall officer vnder the Archbishop of Canterbury, cal∣led (Magister ad facultates) the Master of the faculties.

Fag. anno 4. Ed. 4. cap. 1.

Faint and false action, seeme to be Synonima in Litleton. fol. 144. For (faint) in the French tongue signifieth as much as (fained) in English.

Faint pleader (falsa placitatio) commeth of the French (feint) a participle of the verbe (fein∣dre. i. simulare, fingere) and (ple∣doir. i. placitare.) It signifieth with vs, a false covenous, or collusory maner of pleading, to the de∣ceipt of a third partie. anno 34. & 35. H. 8. cap. 24.

Faire, aliás, Feire, (feria) com∣meth of the French (foire) and signifieth with vs, as much as (Nundinae) with the Civilians: that is a solemne or greater sort of market, granted to any towne by priuiledge, for the more speedie and commodious proui∣sion of such things, as the subiect needeth, or the vtterance of such things, as we abound in, aboue our owne vses and occasions: both our English and the French word seeme to come of (Fe∣riae) because it is alwaies inci∣dent to the priuiledge of a Faire, that a man may not be arested or molested in it for any other debt, then first was contra∣cted in the same, or at least was promised to be payed there. an. 17. Ed. 4. cap. 2. & anno 1. R. 3. cap. 6.

Faire pleading, see Beau pleader.

Faitours, seemeth to be a French word antiquated, or something traduced. For the moderne French word is (faiseur. i. factor) It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part, signifying a bad doer. Or it may not improbably be inter∣preted an idle liuer, taken from (faitardise) which signifieth a kind of numme or sleepy disease, proceeding of too much slug∣gishnesse, which the Latines call (veternus.) For in the said statute it seemeth to be a Synonymon to Vagabound.

Falke land, aliâs, Folke land. See Copi-hold and Free-hold.

False imprisonment, (falsum im∣prisonamentum) is a trespasse cō∣mitted against a man, by impri∣soning him without lawefull cause: it is also vsed for the writ which is brought vpon this tres∣passe. Fitz nat. br. fol. 86. K. & 88. P. v. Broke h. t. See the new booke of Entries. verbo. False im∣prisonment.

Falso iudicio, is a writ, that ly∣eth for false iudgement giuen in the county, Hundred, Court Ba∣ron, or other courts being no court of record, be the plea reall or personall. Register originall fol. 15: Fitzh. nat. br. fol. 17. See the new booke of Entries. verbo False iudgement.

False prophecies. See Prophecies.

Falso returno bre••••im. is a writ

lying against the Syreeue, for false returning of writs. Register iudic. fo. 43. b.

Falsifie, seemeth to signifie as much, as to proue a thing to be false. Perkins Dower. 383. 384. 385.

Farding, or farthing of golde. seemeth to be a come vsed in auncient times, containing in va∣lew the fourth part of a noble. viz. twenty pence siluer, and in weight the sixth part of an ounce of gould, that is, of fiue shillings in siluer, which is threepence and something more. This word is is found anno 9. H. 5. stat. 2. ca. 7. thus: Item that the king doe to be ordained good and iust weight, of the noble, halfe no∣ble, and farthing of gould, with the rates necessary to the same, for euery city, &c. by which place it plainly appeareth, to haue bene a coine, as well as the noble and halfe noble.

Farding deale aliâs Farundell of land (Quadrantata terrae) signifieth the fourth part of an acre. Crompt. Iurisd fol. 220. Quadrantata terrae. is read in the register orig. fol. 1. b. where you haue also Denariata & ••bolata, solidata, & librata ter∣rae, which by probabilitie must rise in proportion of quantitie from the farding deale, as an halfepeny, peny, shilling, or pound rise in valew and estima∣tion: then must ••bolata be halfe an acre, denariata the acre, solida∣ta twelue acres, & librata twelue score acres, and yet I find (vi∣ginti libratas terrae vel reditus. Re∣gist. original. fol. 94. a & fol. 248. b. Whereby it seemeth, that li∣brata terrae, is so much as yeel∣deth twenty shillings per annum, and centum soliditas terrarum tene∣ment orum & redituum. fol. 249. a. And in Fitz. nat. br. fol. 87. F. I find these words: viginti libratas terrae vel reditus, which argueth it to be so much land as twenty shillings per annum. See Fur∣long.

Fate or Fat: is a great woo∣den vessell, which among brew∣ers in London, is ordinarily vsed at this day, to measure mault by, containing a quarter, which they haue for expedition in mea∣suring. This word is read anno 1. H. 5. cap. 10. & anno 11. H. 6. cap. 8.

Fealtie (fidelitas) commeth of the French (feaulte. i. fides) and signifieth in our common lawe, an oath taken at the admittance of euery tenent, to be true to the Lord, of whom he holdeth his land. And he that holdeth land by this onely oath of fealty, hol∣deth in the freest maner, that any man in England vnder the king may hold: because all with vs that haue fee, hold (per fidem & fiduciam) that is, by fealtie at the least. Smith de Repub. Anglor. li. 3.

cap. 8. for, fidelitas est de substantia feudi, as Dwarenus saith de feud. cap. 2. num. 4. and Mathaeus de afflictis decis. 320. num. 4. pag. 465. saith, that fidelitas est sub∣stantiale feudi, non servitium. The particulars of this oath, as it is vsed among the feudists, you may reade well expressed by Zasius in his Tractate de feudis. part. 7. num. 15. & 16. which is woorth the comparing with the vsuall oath taken here in our part of Britannie. This fealtie is also vsed in other nations, as the Lombards and Burgundians. Cas∣sanaus de consuet. Burgund. pag. 419. & 420. And indeed the ve∣ry first creation of this tenure, as it grew from the loue of the lord toward his followers, so did it bind the tenent to fidelitie, as appeareth by the whole course of the feods. And the breach thereof is losse of the fee. Duare∣nus in Commentariis feudorum cap. 14. num. 11. & Wesenbecius in tract. de feudis cap. 15. num. 4 & seqq. Antonius Contius in methodo feudorum cap. Quibus modis feu∣dum amittitur. Hotoman in his Commentaries (De verbis feuda∣libus) sheweth a double fealtie: one generall, to be performed by euery subiect to his prince: the other speciall, required only of such, as in respect of their fee are tyed by this oath toward their landlords: both we may reade of in the grand Customary of Normandy, being of course performed to the Duke, by all resient within the Dutchie. The effect of the words turned into latine by the Interpreter, is this: Fidelitatem autem tenentur omnes residentes in Provincia Duci facere & servare: Vnde tenentur se ei inno∣cuos in omnibus & fideles exhibere, nec aliquid ipsum incommodi procu∣rare: nec eius inimicis praebere con∣tra ipsum consilium vel iuvamen: & qui ex hoc inventi fuerint ex causa manifesta, notabiles & traditores Principis reputantur. Et omnes eo∣rum possessiones perpetuae Principi re∣manebunt, si super hoc convicti fue∣rint vel damnati: Omnes enim in Normania tenentur Principi fideli∣tatem observare. Vnde nullus ho∣mag ium vel fidelitatem alicuius po∣test recipere, nisi salva Principis fi∣deliiate. Quod etiam est in eo∣rum receptione specialiter expri∣mendum. Inter Dominos autem alios & homines fides taliter debet obseruari, quòd neuter in perso∣nam alterius personalem violenti∣am, seu percussionis iniectionem cum violētia, debet irrogari. Si quis e••••m eorū ex hoc fuerit accusatus in curia & conuictus, feudum omne debet amittere &c. This fealty speciall, is with vs performed either by free men or by villeines. The forme of both see anno 14. Ed. 1. stat. 2. in these words: when a freeman shall doe fealty to his

lord, he shall hould his right hand vpon a booke, and shal say thus: Heare you my lord R. that I. P. shalbe to you both faithfull and true, and shall owe my feal∣ty to you for the land that I hould of you at the terms assig∣ned: So help me god and all his saints. When a villaine shall doe fealty vnto his lord, he shall hould his right hand ouer the booke, and shall say thus: Heare you my lord. A. that I. B. from this day forth vnto you shalbe true and faithfull, and shall owe you fealty for the land that I hould of you in villenage, and shalbe iustified by you in body and goods: So helpe me god & all his Saints. See the Register originall. fol. 302. a.

Fee (Feodum, aliâs Feudum) com∣meth of the French) Fief. i. praedi∣um beneficiarium, vel res cliente∣laris) and is vsed in our common lawe, for all those lands which we hold by perpetuall right: as Hotoman well noteth verbo Feo∣dumide verbis f••udalibus: our aun∣cient lawyers either not obser∣uing whēce the word grew, or at the least not sufficiētly expressing their knowledge, what it signifi∣ed among them, from whome they tooke it, Feudum whence the word (Fief) or fee commeth, signifieth in the German lan∣guage (beneficium cuius nomine o∣pera quaedam gratiae testifieandae causa debentur, Hotoman disput. ca. 1. And by this name goe all lands & tenements, that are held by any acknowledgement of a∣ny superioritie to a higher Lord. They that write of this subiect, doe diuide all lands and tene∣ments, wherein a man hath a perpetuall estate to him and his heires, &c, into Allodium & Feu∣dum. Allodium is defined to be euerie mans owne land, &c. which he possesseth meerely in his owne right, without acknow∣ledgement of any seruice, or pai∣ment of any rent vnto any other, and this is a propertie in the highest degree, and of some it is called (allaudium ab a privatiua particula, & laudum vel laudatio, vt sit praedium cuius nullus author est nisi deus. Est enim laudare, vel Nouio teste, nominare. Quod & Bu∣daeus docuit ad Modestinum. l. He∣rennius 63. Π. de haere. institu. Pra∣taeus. verbo. Allaudium. Hotoman in verb. feuda. Feudum is that, which we hold by the benefite of another, and in the name whereof we owe seruice, or pay rent, or both, to a superior lord. And all our land here in Eng∣land (the Crowne land which is in the kings owne hands in the right of his crowne, excepted) is in the nature of Feudum or fee, for though many a man hath land by descent from his Aunce∣stors, and many another hath

dearely boughtland for his mo∣ney, yet is the land of such na∣ture, that it cannot come to any, either by discent or purchase, but with the burthē that was laid vpon him, who had novel fee, or first of all receiued it as a bene∣fite from his Lord, to him and to all such, to whome it might dis∣cend, or any way be conueied from him. So that if we will rec∣kon with our host (as the pro∣verbe is) there is no man here, that hath directum dominium. i. the very propertie or demaine in in any land, but the prince in the right of his crowne. Camd. Bri∣tan. pag. 93. for though he that hath fee, hath ius perpetuum, & vtile dominium: yet he oweth a dutie for it: & therefore is it not simply his owne. Which thing I take those words, that we vse for the expressing of our deepest right in any lands or tenements, to import: for he that can say most for his estate, saith thus: I am seised of this or that land or tenement in my demaine, as of fee. Seisitus inde in dominico meo vt de feudo, and that is as much, as if he said, it is my demaine or pro∣per land after a sort: because it is to me and mine heires fore∣ver: yet not simply mine, because I hold it in the nature of a be∣nefite from another. yet the sta∣tute anno 37. H. 8. ca. 16. vseth these words of lands invested in the crowne: but it proceedeth from the ignorance of the na∣ture of this word (fee) for fee cannot be without fealty sworne to a superiour, as you may reade partly in the word (Fealtie) but more at large in those that write de feudis: and namely Hoto∣man, both in his commentaries and disputations. And no man may graunt, that our king or Crowne oweth fealty to any su∣perior but God onely. Yet it may be said, that land, &c. with vs is termed fee in two respects; one, as it belongeth to vs and our heires for ever: and so may the Crowne land be called Fee: the other, as it holdeth of another, which is and must be farre from our Crowne. Britton ca. 32. defi∣neth fee to this effect. Fee is a right consisting in the person of the true heire, or of some other, that by iust title hath, purchased it. Fleta saith that Feudum est quod quis tenet ex quacun{que} causa sibi & haeredibus suis, siue sit tene∣mentum, siue reditus, qui non prove∣niunt ex camera, & alio modo dici∣tur feudum, sicut eius quifeoffat, & quod quis tenet ab alio: sicut dicitur: talis tenet de tali tot feuda per ser∣vitium militare. li. 5. ca. 5. §. Feu∣dum autem. And all that write de feudis, doe hold that (Feudatari∣us) hath not an entire propertie 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 temporarie, and not per∣petuall and hereditarie. Iacobu∣tius de Franchis in praeludio fend. ca. 2. nu. 133. The diuisions of (fee) in diuers respects are many, and those though little knowne to vs in England, yet better wor∣thie to known, then we com∣monly thinke. But for our pre∣sent purpose, it is sufficient to di∣uide Fee into two sorts: Fee abso∣lute, otherwise called simple: and Fee conditionall, otherwise ter∣med fee tayle: Fee simple (Feudum simplex) is that, whereof we are seised in these generall words (to vs and our heires for ever.) Fee tayle (Feudum talliatum) is that, whereof we are seized to vs and our heires with limitati∣on, that is, the heires of our body, &c. And fee taile is ei∣ther generall or speciall. Generall is, where land is giuen to a man and the heires of his body. The reason whereof is gi∣uen by Litleton ca. 2. li. 1. because a man seised of land by such a gift, if he marie one or more wiues, and haue no issue by them, and at the length marie another, by whome he hath is∣sue, this issue shall inherit the land: Fee taile speciall is that, where a man and his wife be seised of lands to them, and the heires of their two bodies. The reason is likewise giuen by Litle∣ton in the same place, because in this case, the wife dying with∣out issue, and he marying ano∣ther, by whome he hath issue, this issue, cannot inherit the land, being specially giuen to such heires, &c. this Fee taile hath the originall, from the statute of Westm. 2. cap. 1. which was made anno 13. Ed. 1. yet see Bra∣cton. li. 2. ca. 5. nu. 3. hiis verbis. I∣tem quaedam absoluta & larga, & quaedam stricta & coarctata, sicut certis haeredibus to whome adde Plowden, casu Willion. fo. 235. a. b. & seqq. for before that statute, all land giuen to a man and his heires, either generall or speciall, was accompted in the nature of fee: and therefore held to be so firmely in him to whome it was giuen: that, any limitation not∣withstanding, he might alienate and fell it at his pleasure: much like that which the Civilians call (Nudum praeceptum) binding rather by way of counsell and aduice, then compulsion or re∣strainte: And this thing seeming vnreasonable to the wisedome of our realme, because so a man meaning well to this or that po∣sterity of himselfe or his freinds, might be forthwith deceiued of his intention, the said statute was made for redresse of this in∣convenience, wereby it is ordai∣ned, that if a man giue lands in fee, limiting the heires to whome it shall descend, with a reversi∣on

to himselfe or his heires for default, &c. that the forme and true meaning of his gift, shalbe obserued. Wherefore in what conscience our lawyers haue in∣vented meanes, so easily to cut off this forme of gift, it is to be considered. He that hath fee then, holdeth of another by some dutie or other, which is called seruice, and of this seruice and the diuersitie thereof, See Chivalrie and Seruice. He that will learne from what fountaine these feuds or fees did first spring let him read Antonius Contius his first chapter de methodo feudorum, where he shal receiue great light for his guide into so obscure a dungeon. See Liege. This word, (Fee) is sometime vsed with vs, for the compas or circuit of a Lordship or maner. Bracton. lib. 2. cap. 5. in these words: In ea∣dem villa & de eodem feodo. Third∣ly it is vsed for a perpetuall right incorporeall: as to haue the kee∣ping of prisons in fee. old. nat. br. fol. 41. Foster in fee eod. fol: 6. Rent granted in fee. eod. fo. 8 Shy∣reeue in fee. ann 28. Ed pri. stat. 3. ca. 8. Lastly fee signifieth a re∣ward or ordinarie dutie, that a man hath giuen him for the ex∣ecution of his office, or the per∣formance of his industrie in his art or science: as the lawyer or the phisitian is said to haue his fee, when he hath the considera∣tion of his paines taken, the one with his client, the other with his patient.

Fee expectant, is by the feu∣dists termed feudum expectati∣vum, or expectatiua, substantiuely vsed, Mathaeus de Afflictis decis. 292. nu. 2. pag. 417. See expectant.

Fee fcrm (feudi firma) is a com∣pound of Fee. whereof see (Fee) and (ferm. i. coloma, villa, praedium rusticum, of (Ferme) commeth Fermier du prince. i. manceps, re∣demptor publicorum vectigalium, Publicanus,) Feeferm signifieth in our common lawe, land held of another in fee, that is in perpe∣tuitie to himselfe and his heires, for so much yearely rent, as it is reasonably worth, more or lesse, so it be the fourth part of the worth, old tenurcs, See exposition of the statute of Glocester anno 6. Ed. pri. without homage, fealtie or other seruices, other then be especially comprised in the feof∣ment, but by Fitzh. it seemeth that the third part of the value may be appointed for the rent, or the finding of a chaplaine to sing diuine seruice, &c. nat. br. fol. 210. C. And the nature of it is this, that if the rent be behind and vnpaid for the space of two yeares, then the feoffour or his heires haue action to recouer the lands as their demesnes: Britton ca. 66. nu. 4. but obserue out of West. symbol. parte 1. lib. 2. sect. 463.

that the feofment may containe seruices and suite of court, as well as rent: and the author of the new terms of law, saith, that Feeferm oweth fealtie, though not expressed in the feofment, for that fealtie belongeth to all kind of tenures: This is neere the nature of that, which among the Civilians is called (ager vectiga∣lis, qui in perpetuum licetur. i. hac lege vt quam diu pro eo vectigal pendatur, tam diune{que} ipsis qui con∣duxerunt, ne{que} iis qui in locum eo∣rum successerunt, auferri eum liceat. l. 1. Π. siager vectigalis, &c.

Feede (Feida alias Faida) signi∣fieth in the German toung Guer∣ram. i. (capitales inimicitias vel bel∣lum) Hotoman disputat: de feudis ca. 2. B. Foemina dicitur faidam non facere. gloss: in §. vlt. De lege Conradi lib. 2. de feudis, by reason that women by the law, are not subiect to warfare, to battell or proclamatiō made for that cause. Skene de verbo: signif. verbo Assi∣datio. M. Lamberd in his expli∣cation of Saxon words writeth it (Feeth) and saith likewise, that it signifieth capitales inimicitias, and also that (Feud) vsed now in Scotland and the north parts of England, is the same, and that is, a combination of kindred to reuenge the death of any of their blood against the killer and all his race.

Felonie (Felonia) seemeth to come of the french (Felonnie. ā. impetuositas, atrocitas, immisericor∣dia) Felonia (saith Hotomande ver∣bis feudalibus) non praescisè contu∣maciam vasalli in dominum, huius∣ue in vasallum perfidiam significat, verum quoduis capitale facinus. And againe. Felonia Gothis & Longobardis dicitur quod Germanis hodie Schelmarey, latinis Scelus. S. Ed. Cooke saith thus. Ideo dicta est felonia qua fieri debet felleo ani∣mo. li. 4. fo. 124. b. Hostiensis in sua summa titulo, De feudis, and others speak of this to this effect. Felonia, aliàs Fallonia est culpa vel iniuria, propter quam vasallus amit∣tit feudum. Sedhec respicit dominum feudi. Est & alia fallonia quae non re∣spicit dominum, sc. quando vasallus interficit fratrem vel filium suum, vel filium fratris, vel aliud crimen commisit quod parricidii appellatione continetur. & plures aliae falloniae tam respicientes dominum, quàm alios propter quas feudum amittitur ibi not antur. We account any offence felonie that is in de∣gree next vnto petit treason, and compriseth diuers parti∣culars vnder it, as murder, theft, killing of a mans selfe, So∣dometrie, rape, wilfull burning of houses, and diuers such like, which are to be gathered espe∣cially out of statutes, whereby many offences are dayly made felonie, that before were not. Felonie is discerned from light∣ter

offences by this, that the pu∣nishment thereof is death. How be it this is not perpetuall. For petit larcenie (which is the stea∣ling of any thing vnder the valew of twelue pence) is felo∣ny, as appeareth by Broke titulo Coron. num. 2. his reason is, be∣cause the indictment against such a one must runne with these words, (felonicè cepit) and yet is this not punished by death though it be losse of goods. Any other exception I know not, but that a man may call that felony, which is vnder petit treason, and punished by death. And of this there be two sorts: one lighter, that for the first time may be re∣leeued by cleargie, another, that may not. And these you must also learne to know by the sta∣tutes: for Cleargie is allowed, where it is not expressely taken away. Of these maters reade Stawnfords first booke of his pl. cor. from the end of the second Chapter, to the 39. and the sta∣tutes whereby many offences be made felonie, since he writ that learned booke. See also Lam∣berds Iustice of peace, lib. 2. cap. 7. in a Table drawne for the pur∣pose. As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace. fol. 32. &c. Felonie is also punished by losse of lands not entayled, and goods or cha∣tels, as well real as personall: and yet the statutes make difference in some cases touching lands, as appeareth by the statute, anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud, though not, where a statute or∣daineth an offence to be fe∣lonie, and yet withall saith, that it shall not worke corruption of bloud. As anno 39. Eliz. cap. 17. How many wayes felonie is co∣mitted, see Cromptons Iustice of peace. pag. 32. &c.

Feyre. See Fayre.

Felo de se, is he that commit∣teth felonie by murthering him∣selfe. See Cromptons Iustice of peace fol. 28. and Lamberds Ei∣renarcha. lib. 2. cap. 7. pag. 243.

Fencemoneth, is a moneth, wherein it is vnlawful to hunt in the Forest, because in that mo∣neth the female Deere do faune: and this moneth beginneth 15. dayes before Midsomer, and endeth 15. dayes after. So that to this moneth there be 31. daies. See Manwood parte prim. of his Forest lawes. pag. 86. but more at large parte secunda. cap. 13 per totum. It is also called the defence moneth, that is, the for∣bidden moneth, and the word defence is vsed in like sort. West. 2. cap. 47. anno 13. Ed. 1. in these words: All waters where Salmons be taken, shall be in de∣fence for taking of Salmons from the Natiuitie, &c.

Fennycricke, or rather Fene∣greeke, (Foenum Graecum) is a me∣dicinall plant or herbe, so called, because it groweth like hey, and commeth out of Greece. Of this you may reade more in Ger∣rards herball. lib. 2. cap. 483. The seede therof is reckoned among drugs, that are to be garbled. an. 1. Iacob. cap. 19.

Feofment (feoffamentum) by the opinion of Sir Thomas Smith de Repub. Anglor. lib. 3. cap. 8. and M. West part. prim. symbol. lib. 2. sect. 280. is descended from the Gottish word (feudum) which you haue interpreted in (fee) and signifieth (donationem feudi) But (as M. West also addeth) it signifieth in our common lawe, any gift or graunt of any honors, castels, maners, mesuages, lands, or other corporall and immoue∣able things of like nature, vnto another in see simple, that is to him and his heires for euer, by the deliuerie of seisin and posses∣sion of the thing giuen, whether the gift be made by word or writing. And when it is in wri∣ting, it is called a deed of feof∣ment, and in euery feofment the giuer is called the Feaffour feof∣fator,) and he that receiueth by vertue thereof, the Feoffee (fe∣offatus) and Litleton saith, that the proper difference betweene a feoffour and a donour is, that the feoffour giueth in fee-simple, the donour in fee-taile. lib. 1. cap. 6.

Feodarie, aliâs, Feudarie, a∣liâs, feudatarie, (feudatarius) is an officer authorized and made by the master of the Court of wards and liueries, by leters pa∣tents vnder the seale of that office. His function is to be pre∣sent with the Escheater at the finding of any office, and to giue euidence for the king as well cō∣cerning the valew, as the tenure, and also to suruey the land of the ward, after the office found, and to rate it. He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands, with in his cir∣cuit, and to answer them to the Receiuer of the court of wardes and liueries. This officer is men∣tioned anno 32. H. 8. cap. 46.

Ferdfare, significat quietantiam eundi in exercitum. Fleta libr. pri. cap. 47.

Ferdwit, significat quietantiam murdri in exercitu. Fleta libr. prim. cap. 47.

Ferm (firma) commeth of the French (Ferme, i. colonia, villa, praedium,) and signifieth with vs, house or land, or both, taken by Indenture of lease, or lease parol. It may likewise not vnaptly be coniectured, that both the French and English word came from the Latine (firmus) for

(locare ad firmum) I find somtime to signifie with others, as much as (to set or let to farme) with vs. The reason whereof may be in respect of the sure hould they haue aboue tenents at will. v. vo∣cabul. vtriusque iuris. verbo Affli∣ctus. The authour of the new Termes of lawe, deriueth this word from the Saxon (feormian) which signifieth to feed or yeeld victuall. For in auncient time the reseruations were as well in vi∣ctuals as money, which I leaue to the iudgemet of the Reader. How many wayes ferme is takē, see Plowden. casu Wrothesley. fol. 195. a. b.

Feudarie. See Feodarie.

Fieri facias, is a writ iudiciall, that lyeth at all times within the yeare and day, for him that hath recouered in an action of debt or dammages, to the Shyreeue, to commaund him to leuie the debt or the dammages of his goods, against whome the reco∣uerie was had. This writ hath beginning from Westm. 2. cap. 18 anno 13. Ed. 1. See old nat. br. fol. 152. See great diuersitie thereof in the Table of the Register iudiciall. verbo. Fieri fa∣cias.

Fifteenth (Decimaquinta) is a tribute, or imposition of mony laide vpon euery city, borough, and other towne through the realme, not by the polle, or vpon this or that man, but in general, vpon the whole city or towne, so called, because it amounteth to one fifteenth parte of that, which the city or towne hath bene valued at of ould. This is now a dayes imposed by parla∣ment: and euery towne through the realme, great or lesse, know∣eth what a fiftenth for them∣selues doth amount vnto, because it is perpetuall: whereas the sub∣sidie, which is raised of euery particular mans lands or goods, must needs be vncertaine, be∣cause the estate of euery seuerall man is so ticklish and vncertaine. And in that regard am I driuen to thinke that this fifteenth is a rate aunciently laide vpon euery towne, according to the land or circuit belonging vnto it. where∣of M. Camden hath many men∣tions in his Britannia. In stead of the rest take a fewe page. 168. of Wels in Somerset shire he writeth thus. Quo tempore, vt testatur cea∣sualis Angliae liber, Episcopus ipsum oppidum tenuit, quod pro quinqui∣ginta hidis geldauit: And pag. 171. of Bathe. Geldabat pro viginti hi∣dis, quando Schira geldabat. third∣ly, pa. 181. of ould Sarisbury thus pro quinquaginta hidis geldabat. and these rates were taken out of Domes day in the Eschequer. so that this seemed in ould time, to be a yearely tribute in certainty, whereas now, though the rate be

certaine, yet it is not leuied but by Parlament. See Taske, see Quinsie me.

Filazer (Filazarius) commeth of the french (Filace. i. filum, fi∣lacium) it is an officer in the com∣mon plees, whereof there be 14. in number: they make out all ori∣ginall proces, as well reall as per∣sonall and mixt: and in actions meerely personall, where the de∣fendants be returned or sommo∣ned, there goeth out the distresse infinite vntill apparence. If he be returned Nihil, then proces of Capias infinite, if the plaintife will, or after the third Capias, the plaintife may goe to the Ex∣igenter of the Shire, where his originall is grounded, and haue an Exigent and proclamation made: And also the Filazer ma∣keth foorth all writs of viewe in causes, where the view is prayed: he is also allowed to enter the imparlance, or the ge∣nerall issue in common acti∣ons, where apparence is made with him, and also iudgement by confession in any of them be∣fore issue be ioyned, and to make out writs of execution thereupon. But although they entred the issue: yet the proto∣notarie must enter the iudge∣ment, if it be after verdict. They also make writs of Supersedeas, in case where the defendant appea∣reth in their offices, after the Ca∣pias awarded.

Filctale. See Sothale.

File (filacium) is a threed or wyer, whereon writs, or other exhibits in courts, are fastened for the more safe keeping of them.

Finders. anno 18. Ed. 3. stat. 1. cap. vnico. anno 14. R. 2. cap. 10. seeme to be all one with those, which in these dayes we call searchers.

Fine (finis) commeth of the French (fin. i. finis) and hath di∣uers applications in our commō lawe: sometime being vsed for a formall or ceremonious con∣ueyance 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 controuersies. West parte 2. symb. sect. 1. defi∣neth a fine in this signification: couenants made before Iustices, and entred of Record. And out of Glanvile thus lib. 8. cap. 1. Fi∣nis est amicabilis compositio & fina∣lis concordia, ex consensu & licentia Domini Regis, vel eius Iusticiario∣rum. And lib. 9. cap. 3. Talis con∣cordia finalis dicitur, eo quod finem imponit negotio, adeò vt neutra pars litigantium ab eo de caetero poterit recedere. And out of Bracton, lib. 5. tract. 5. cap. 28. num. 7. thus: Finis ideò dicitur finalis concordia, quia imponit finem litibus, & est ex∣ceptio peremptoria. The authour of

the new termes of lawe, defineth it to be a finall agreement had betweene persons concerning a∣ny land or rent, or other thing, whereof any suite or writ is be∣tweene them hanging in any court. See the new booke of En∣tries, verbo Fines. This fine is of so high a nature, that Bracton. lib. 3. cap. 7. num. 3. hath these words of it. Item immediate perti∣net ad Regem querela finis factae in curia Domini Regis, & non obser∣vatae. Et est ratio, quia nemo potest finem interpretari nisi ipse Rex, in cuius curia fines fiunt. See also anno 27. Ed. prim. stat. prim. cap. prim. The Civilians would call this so∣lemne contract transactionem iu∣dicialem de re immobili, because it hath all the properties of a trans∣action, if it be considered in his originall vse. v. Wesemb. pa∣rat. titulo de transact. For it ap∣peareth by the writers of the common lawe aboue named, that it is nothing but a composi∣tion or concord acknowledged and recorded before a compe∣tent Iudge, touching some he∣reditament or thing immouea∣ble, that earst was in controuer∣sie betweene those, that be par∣ties 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 leuied in his Court: and therefore doth it bind women couert being par∣ties, and others whom ordi∣narily the lawe disableth to transact, onely for this rea∣son, that all presumption of deceipt or euill meaning is exclu∣ded, where the king is priuy to the acte. But discourse of wit and reason, hath in time wrought other vses of this concord, which in the begin∣ning was but one: as namely, to secure the title that any man hath in his possession against all men: to cut off intayles, and with more certaintie to passe the interest or the title of a∣ny land or tenement, though not controuerted, to whome we thinke good, either for yeares or in fee. In so much that the passing of a fine, in most cases, now is it but mera fictio iuris, alluding to the vse for the which it was in∣vented, and supposing a doubt or controuersie, where in truth none is: and so not onely to worke a present prescription against the parties to the con∣cord or fine, and their heires, but within fiue yeares against all others, not expresly excepted (if it be leuied vpon good con∣sideration, and without Couin) as women couert, persons vnder 21. yeares, or prisoners, or such as be out of the realme at the time when it was acknow∣ledged.

Touching this mater, see the statutes. anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. & anno 31. Elizab. ca. 2. This fine hath in it fiue essenti∣all parts: the originall writ taken out against the conizour: the kings licence giuing the parties libertie to accord, for the which he hath a fine called the Kings siluer, being accompted a part of the Crownes reuenew. Thirdly, the concord it selfe, which thus beginneth: Et est concordia talis, &c. Fourthly, the note of the fine, which is an abstract of the original concord, and beginneth in this maner: Sc. Inter R. que∣rentem. & S. & E. vxorem eius, deforciantes, &c. Fifthly, the foot of the fine, which beginneth thus: Hac est finalis concordia facta in Curia domini Regis, apud Westm. à die Paschae in quindecim dies, anno &c. So as the foote of the fine includeth all, containing the day, yeare, and place, and before what Iustice the concord was made. Coke vo. 6. casu Teye. fol. 38. & 39. This fine is either single or double: A single fine, is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours, or any of them. A double fine containeth a graunt and render backe againe, either of some rent, common, or other thing, out of the land, or of the land it selfe, to all or some of the Cog∣nizours, for some estate, limiting thereby many times Remainders to straungers, which be not named in the writ of couenant. West vbi supra, sect. 21. Againe, a fine is of the effect, deuided into a fine executed, and a fine execu∣tory. A fine executed is such a fine, as of his owne force giueth a present possession (at the least in law) vnto the Cognizee, so that he needeth no writ of (Ha∣bere facias seisinam) for the exe∣cution of the same, but may en∣ter; of which sort is a fine (sur cognizance de droit come ceo que il ad de son done) that is vpon ac∣knowledgement, that the thing mentioned in the concord be ius ipsius cognizati, vt illa quae idem ha∣bet de dono Cognitoris. West. sect. 51. K. and the reason of this see∣meth to be, because this fine, passeth by way of release of that thing, which the cognizee hath already (at the least by supposi∣tion) by vertue of a former gift of the cognizour. Cokes reports li. 3. the case of fines fo. 89. b. which is, in very deed, the surest fine of all. Fines executorie be such, as of their owne force doe not execute the possession in the Cognizeese, as fines sur cognizan∣ce de droit tantùm. fines sur done, graunt, release, confirmation, or render. For if such fines be not le∣uied, or such render made vnto

them, that be in possession at the time of the fines leuied, the cog∣nizees must needs siew writs of (Habere facias seisinam) accord∣ing to their seuerall cases, for the obtaining of their possessi∣ons, except at the leuying of such executory fines, the parties, vnto whom the estate is by them limi∣ted, be in possession of the lands passed thereby: for in this case such fines doe inure by way of extinguishment of right, not al∣tering the estate or possession of the Cognizee, but perchaunce bettring it. West. vbi supra, sect. 20.

Touching the forme of these fines, it is to be considered vpon what writ or action the concord is to be made, and that is, most commonly, vpon a writ of coue∣nant: and then first there must passe a paire of indentures be∣tweene the Cognizour and Cog∣nizee, whereby the Cognizour couenanteth with the cognizee, to passe a fine vnto him, of such or such things by a day set down. And these indentures, as they are first in this proceeding, so are they saide to lead the fine; vpon this couenant, the writ of coue∣nant is brought by the Cogni∣zee against the cognizour, who therevpon yeeldeth to passe the fine before the Iudge, and so the acknowledgement being re∣corded, the cognizout and his heires are presently concluded, and all straungers not excepted, after fiue yeares once passed. If the writ wherevpon the fine is grounded, be not a writ of coue∣naunt, but of warrantia chartae, or a writ of right, or a writ of mesn, or a writ of custome and serui∣ces (for of all these fines may al∣so be founded. (West. vbi supra, sect: 23.) then this forme is ob∣serued: the writ is serued vpon the party that is to acknowledge the fine, and then he appearing doth accordingly: See Dier, fo. 179. nu. 46.

This word (fine) sometime signifieth a summe of money, paide for an Income to lands or tenements let by lease: some∣time an amends, pecuniarie pu∣nishment, or recompence vpon an offence committed a∣gainst the king and his lawes, or a Lord of a maner. In which case, a man is said facere finem de transgressione cum Rege, &c. Regist. Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning, see Cromp∣tons Iustice of peace, fol. 141. b. 143. 144. and Lamberds Eirenarcha libro. 4. ca 16. pa. 555. But in all these diuersities of vses, it hath but one signification; and that is a finall conclusion or ende of differences betweene parties. And in this last sence, wherein it is vsed for the ending and re∣mission of an offence, Bracton

hath it li. 2. ca. 15. nu. 8. speaking of a common fine that the Countie payeth to the king, for false iudgemēts or other trespas∣ses, which is to be assessed by the Iustices in Eyre before their de∣parture, by the oath of knights and other good men, vpon such as ought to pay it: with whome agreeth the statute anno. 3. Ed. pri. ca. 18. There is also a com∣mon fine in leetes. See Kitchin. fo. 13. a. v. common fine. See Fleta. l. 1. ca. 48.

Fines pro licentia concordandi, anno 21. H. 8. c. 1. See Fine.

Fine force, seemeth to come of the french adiectiue (fin) and the substantiue (force. i. vis) The ad∣iectiue (fin) signifieth sometime as much as craftie, wilie or subtill, sometime as much as, ar∣tificiall, curious, singular, exact, or perfect. as (Rien contrefaict fin. i. nihil simulatum aut adimi∣tationem alterius expressum, potest esse exactum, vel ita absolutum, quin reprehensionem vel offensionem incurrat, as is set downe in that worke, truly regal, intituled 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. pa. 115. so that this (fi∣ne force) with vs, seemeth to sig∣nifie an absolute necessitie or constreint, not avoidable. and in this sence it is vsed, old. nat. br. fol. 78. and in the statute anno. 35. H. 8. ca. 12. in Perkins Dower. fo. 321. and Plowden. fo. 94. Coke. vol. 6. fol. 111. a.

Fine adnullando levato de tene∣mento quod fuit de antiquo dominico, is a writ to Iustices, for the dis∣anulling of a fine levied of lands holding in auncient demesn, to the preiudice of the Lord: Regi∣ster originall. fol. 15. b.

Fine capiendo pro terris, &c. is a writ lying for one, that vpon conviction by a Iury hauing his lands and goods taken into the kings hand, and his body com∣mitted to prison, obteineth fa∣uour for a summe of money &c. to be remitted his imprison∣ment, and his lands and goods to be redeliuerd vnto him. Re∣gister. orig. fo. 132. a.

Fine levando de tenementis ten∣tis de Rege in capite, &c. is a writ directed to the Iustices of the cōmon plees, whereby to licence them to admit of a fine for the sale of land holding in capite, Re∣gist. originall, fol. 167. a.

Fine non capiendo pro pulchre placitando, is a writ to inhibit officers of courts, to take fines for faire pleading, Register origi∣nal. fol. 179. See Beau pleder.

Fine pro redisseisina capienda, &c. is a writ, that lieth for the re∣lease of one laid in prison for a redisseisin, vpon a reasonable fine. Register. originall fol. 222.

Finarie. See Blomarie.

Finours of gold and siluer, be those that purifie and part those metals from other courser, by

fire and water. anno. 4. H. 7. ca. 2. They be also called parters in the same place, sometime de∣parters.

Fireboote, for the composition looke Hayboote. It signifieth al∣lowance or Estovers of woods, to maintaine competent fire for the vse of the tenent.

First fruites (primitiae) are the profits of every spirituall liuing for one yeare, giuen in auncient time to the Pope throughout all Cristendome: but by the statute anno 26. H. 8. cap. 3. translated to the Prince, for the ordring wher∣of, there was a court erected, an. 32. H. 8. ca. 45. but this court was dissolued. anno. pri. Mar. sess. 2. ca. 10. & sithence that time, though those profits be reduced againe to the crowne, by the statute an∣no 1. Eliz. ca. 4. yet was the court neuer restored, but all maters therein wont to be handled, were transferred to the Exche∣quer. See Annats.

Fishgarthe, anno 23. H. 8. ca. 18. Fitche, See furre.

Fitzherberd, was a famous lawyer in the daies of King Henry the eight, and was chiefe Iustice of the common plees, he wrot two worthie bookes, one an a∣bridgement of the common lawes, another intituled de Na∣tura brevium.

Fled••it, commeth of the Saxon word (Fled) that is a fu∣gitiue, & wit, which some make but a termination, signifiing no∣thing of it selfe: how be it others say, it signifieth a reprehen sion, censure, or correction: It signifi∣eth in our auncient lawe, a dis∣charge or freedome from a∣mercements, when one hauing been an outlawed fugitiue com∣meth to the peace of our Lord the King, of his owne accord. Ra∣stall, Exposition of words: or being licensed: Newe termes of lawe. See Bloodwit, and Childwit: See Fletwit.

Fleete (Fleta) is a famous pri∣son in London, so called (as it seemeth) of the riuer, vpon the side whereof it standeth, Camden Britannia, pag. 317. Vnto this none are vsually committed, but for contempt to the king and his lawes, or vpon absolute com∣maundemēt of the king, or some of his courts, or lastly vpō debt, when men are vnable, or vowil∣ling to satisfie their credi∣tours.

Flemeswit or rather (Flehers∣wit) commeth of the Saxon word (Flean) which is a contract of (Flegen) that is, to flie away. It signifieth with our lawyers, a li∣bertie or charter, whereby to chalenge the catel or amerce∣ments of your man a fugitiue: Rastall Exposition of words. See Bloodwit. Fleta writeth this word two other waies, as (Flemenesfree

vie or Flemesfreicthe, and inter∣preteth it, habere catalla fugitivo∣rum. li. 1. ca. 47.

Fleta, is a feigned name of a learned lawyer, that writing a booke of the common lawes of England and other antiquities in the Fleete, termed it thereof Fleta: He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem, li. 1. ca. 20. §. qui ceperint. li. 2. ca. 66. §. item quod nullus.

Fletwit, aliâs Fredwit. Skene de verborum significatione. verb. Mel∣letum. saith, that (Flichtwit) is a li∣bertie to courts, and to take vp the amercements pro melletis. he giueth the reasō because (Flicht) is called Fliting in french (Melle) which sometime is conioyned with hand-strookes: And in some bookes Placitum de melletis, is called the moote or plee of bea∣ting or striking.

Flight See Finer.

Florences, anno 1. R. 3. ca. 8. a kinde of cloth so called.

Flotsen aliâs (Flotzam) is a word proper to the sease, signifi∣ing any goods that by ship∣wrecke be lost, and lie floting or swimming vpon the toppe of the water, which with Ietson and lagon and shares be giuen to the Lord Admirall, by his leters pa∣tents. Ietson is a thing cast out of the shippe being in daunger of wrecke, and beaten to the shore by the waters, or cast on the shore by the marriners. Coke vol. 6. fo. 106. a. Lagon aliâs La∣gam vel Ligan, is that which lyeth in the bottome of the sea, Coke ibi. Shares are goods due to more by proportion.

Foder (fodrum) signifieth in our English tongue, a course kinde of meate for horses and other catell. But among the Feudists, it is vsed for a prerogatiue that the prince hath, to be provided of corn and other meate for his horses by his subiects towards his wars, or other expeditions. Arnoldus Clapmarius. de arcanis imperii. lib. 1. ca. 11. And reade Hotoman de verbis feudalibus. lite∣ra. F.

Folgheres, or rather Folgers, be folowers, if we interpret the word according to the true signi∣fication: Bracton saith it signifi∣eth, eos qui alii deserviunt. lib. 3. tract. 2. cap. 10.

Folkmoote, is a Saxon word, compounded of Folk. i. populus & Gemettan. i. convenire. It signifieth (as M. Lamberd saith in his ex∣plication of Saxon words, verbo (Conuentus) two kind of Courts, one nowe called the countie court, the other called the Shy∣reeues turne: This word is still in vse among the Londoners, and signifieth celebrem ex omni ciuitate conuentum: Stowe in his Suruey of London. but M. Man∣wood in his first part of forest

lawes. pag. 111. hath these words. Folkemote is the court holden in London, wherein all the folke and people of the citie did complaine on the May∣or and the Aldermen, for misgo∣uernment within the citie.

Forbarre, is for euer to depriue. an. 9. Ric. 2. ca. 2.

Force (Forcia) is a french word, signifiing (vim, nervositatem, forti∣tudinem, virtutem) in our com∣mon lawe, it is most vsually ap∣plied to the euill part, and signi∣fieth vnlawfull violence. West thus defineth it: Force is an of∣fence, by which violence is vsed to things or persons. parte 2. symbol. titulo. Inditements. sect. 65. where also he diuideth it thus: Force is either simple or compound. Simple is that which is so committed, that it hath no other crime adioyned vnto it; as if one by force doe onely en∣ter into an other mans pos∣session, without doing any other vnlawfull act there. Mixt force, is that violence, which is commit∣ted with such a fact, as of it selfe onely, is criminall; as if any by force enter into another mans possession, and kill a man, or ra∣vish a woman there, &c. he far∣der diuideth it into true force, and force after a sort, and so pro∣ceedeth to diuers other braun∣ches worth the reading, as forci∣ble entry, forcible deteining, vn∣lawfull assembly, Rowtes, Riets, Rebellions, &c.

Forcible deteining or withholding of possession, is a violent act of re∣sistance by strong hand of men weaponed with harnes, or other action of feare, in the same place or else where, by which the law∣full entrie of Iustices or others is barred or hindred. West parte 2. symbol. titulo Inditements, sect. 65. M. of this see Cromptons Iu∣stice of peace, f. 58. b &c. vs{que} ad 63.

Forcible entrie (Ingressus manu fortifactus) is a violent actuall entrie into an house or land, &c. or taking a distresse of any per∣son, weaponed, whither he offer violence or feare of hurt to any there, or furiously driue any out of the possession thereof: West par∣te 2 symbol. titulo Inditements, sect. 65. L. of this see Cromptons Iu∣stice of peace, fol. 58. b. 59. &c. vs{que} 63. It is also vsed for a writ grounded vpon the statute. anno 8. H. 6. ca. 9. whereof reade Fitz. nat. br. at large, fol. 248. See the newe booke of Entries, verbo Forcible Entrie, see Lamb. definitiō in certen cases. Eiren. l. 2. c. 4. p. 145.

Forein (Forinsecus) commeth of the french (Forain. i. exterus, ex∣ternus) it is vsed adiectiuely in our common lawe, and ioyned with diuers substantiues in sen∣ces not vnworthy the exposition, as Forein mater, that is mater tri∣able in another countie, pl. cor.

fo. 154. or mater done in another countie, Kitchin. fol. 126. Forein∣plea (forinsecum placitum). i. a re∣fusal of the Iudge as incompe∣tent, because the mater in hand was not within his precincts, Kitchin. fol. 75. & anno 4. H. 8. ca. 2. & anno 22. eiusdem. ca. 2. & 14. Forein aunswer, that is, such an answer, as is not triable in the countie where it is made. anno 15. H. 6. ca. 5. Forein seruice (forin∣secum servitium) that is such ser∣vice, whereby a meane Lord holdeth ouer of another, with∣out the compasse of his owne fee. Brooke. titulo Tenures. f. 251. nu. 12. & 28. & Kitchin, fol. 209. or else that which a tenent per∣formeth, either to his owne Lord, or to the Lord paramount out of the fee. For of these ser∣uices, Bracton speaketh thus, lib. 2. cap. 16. nu. 7. Item sunt quaedam seruitia, quae dicuntur forinseca, quamvis sunt in charta de feoffa∣mento expressa & nominata: & quae ideo dici possunt forinseca, quia per∣tinent ad Dominum Regem, & non ad dominum capitalem, nisi cum in propria persona profectus fuerit in seruitio: vel nisi cum pro seruitio suo satisfecerit domino Regi quocun{que} modo, & fiunt in certis temporibus, cùm casus & necessitas evenerit, & varia habent nomina & diuersa: Quando{que} enim nominantur forinse∣ca, large sumpto vocabulo, quoad seruitium domins Regis, quando{que} scutagium, quando{que} seruitium do∣mini Regis, & ideo forinsecum dici po∣test, quia fit & capitur foris, siue extra seruitium quod fit Domino ca∣pitali. v. Broke Tenures 28. 95. Fo∣rein seruice, seemeth to be knights seruice or Escuage vncertaine. Perkins Reseruations 650. Forein attachement (Attachiamentum fo∣rinsecum) is an attachement of foriners goods, found within a libertie or citie, for the satisfa∣ction of some citizen, to whome the said foriner oweth mo∣ney.

Forein Apposer (forinsecarum oppositor) is an officer in the ex∣chequer, to whom all shyreeues and baylifes doe repaire, hy him to be opposed of their greene waxe, and from thence draweth downe a charge vpon the shyreeue and baylife to the clerk of the pipe.

Forest (Foresta) is a french word, signifiing a great or vast wood. Lieu forestier & saüuage: lo∣cus syluestris & saltuosus. The wri∣ters vpon the common law de∣fine it thus: Foresta est locus vbi ferae inhabitant vel includuntur. glos. in ca. cum dilecti. extra. de do∣natio. & Felinus in ca. Rodolphus. versu, quid autem Foresta. extra de rescriptis. speaketh to the same effect. Some other writers doe say, it is called foresta, quasi fera∣rum statio, vel tuta mansio ferarum. But as it is taken with vs, M.

Manw. in his secōd part of forest lawes, cap. 1. nu. 1. thus defineth it: A Forest is a certaine territorie of wooddy grounds & fruitfull pastures, priviledged for wild beasts, and foules of forest, chace, and warren, to rest and a∣bide in, in the safe protection of the King, for his princely delight and pleasure: which terrioritie of ground so priui∣ledged, is meered and bounded with vnremoueable markes, meeres, and Boundaries, either knowne by mater of record, or else prescription, and also reple∣nished with wild beasts of Vene∣rie, or chase, and with great co∣verts of vert, for the succour of the said wild beasts, to haue their aboad in: for the preseruation & continuance of which said place, togither with the vert and veni∣son, there are certaine particular lawes, priviledges, and officers, belonging to the same, meete for that purpose, that are onely pro∣per vnto a forest, and not to any other place. The same definition he hath parte 1. pag. 139. which though it haue many superflui∣ties, yet it well expresseth the na∣ture of the thing, especially the explication adioyned, which there is set downe by the said author in both places in his first part. pag. 16. where he fetcheth a forest from such overgrowne antiquitie, alledging for it the second booke of Kings, ca. 2. ver. 24. & ca. 19. vers. 23. and the 104. psalme vers. 20. the 131. ver. 6. he taketh licence to sport him∣selfe. for though our english translation haue the word forest, to expresse the vastnes of the desert, yet if we looke to the o∣riginall Idiome, we shall finde no more reason to call those places forests, thē either chases or parks.

The maner of making fo∣rests, as the same author well set∣teth downe, parte. 1. pag. 142. is this. The king sendeth out his commissiō vnder the broad seale of England, directed to certaine discreete persōs, for the view, per∣rambulation, meering & boun∣ding of the place, that he mind∣eth to afforest; which returned into the chauncerie, proclamati∣on is made throughout all the Shire, where the ground lieth, that none shal hunt or chace any maner of wilde bests within that precinct, without the kings spe∣ciall licence, after which he ap∣pointeth ordinances, lawes, and officers, fit for the preseruation of the vert and venison: and so becommeth this a forest by ma∣ter of record. The properties of a forest are these in speciall, first, a forest, as it is truly and strictly taken, cannot be in the hands of any but the king: the reason is giuen by M. Manwood, because none hath power to graunt com∣mission to a Iustice in Eire for the forest, but the king. parte. 1.

pag. 87. The second propertie, be the courts, as the Iustice seate every three yeare, the Swaine∣moote thrice every yeare: Idem eodem pag. 90. & parte 2. ca. 1. nu. 4. & 5. and the attachement, once every fortie daies. Idem eod. pag. 92. The third propertie may be the officers belonging vnto it, for the preservation of the vert and venison, as first the Iu∣stices of the forest, the warden or keeper, the verders, the fori∣sters, Agistours, Regarders, Bailiffes, Bedels and such like, which you may see in their pla∣ces. See Manwood part. 2. ca. 1. nu. 4. & 5. But the cheife propertie of a forest, both by M. Manwood. parte 1. pa. 144. and M. Crompton pag. 146. is the Swainmote, which (as they both agree) is no lesse incident vnto it, then the court of Pyepowders to a faire. O∣ther courts and offices are not so requisite, in those forests that are in the hands of subiects, because they be not truly forests: but if this faile, then is there no thing of a forest remaining, but it is turned into the nature of a chace. See Chace. I reade of thus many forests in England. The forest of Windsour in Berkshire: Cambd. Britan. pag. 213. of Picke∣ring. Crompton 190. of Shirwood i∣dem fol. 202. of Englewood in Cum∣berland. anno. 4. H. 7. ca. 6. & Crompton fol. 42. of Lancaster. I∣dem. fol. 196. of Wolemore. Stowes Annals. pag. 462. of Gillingham Idem. pag. 113. of Knaresbo∣row. anno. 21. H. 8. ca. 17. of Wal∣tham. Camd. pag. 328. of Breden. Idem, pag. 176. of Whiteharte Idem, pag. 150. of Wiersdale. I∣dem pag. 589. and Lownsedall ibi∣dem. of Deane. Idem. pag. 266. & & anno 8. H. 6. ca. 27. & anno 19. H. 7. cap. 8. of Saint Leonards in Southsex. Manwood parte. 1. pa. 144. of Waybridge & Sapler. Idem. eodem. pa. 63. of Whitvey. pag. 81. of Fekenham, Camd. pa 441. of Rockingham. Idem pag. 396. Forest de la mer. Idem, pag. 467. of Huckstowe. Idem pa. 456. of Haye. Manwood part. 1. pag. 144. of Cant∣selly, eadem pag. of Ashdowne in the county of Sussex. anno. 37. H. 8. ca. 16. Forests of Whittil∣wood and Swasie in the countie of Northampton. anno 33. H. 8. ca. 38. of Fronselwood in com. Somer∣set. Cooke li. 2. Cromw. case. f. 71. b. I heare also of the forest of Exmore, in Deuonshire. There may be more which he that listeth, may looke for.

Forester (forestarius) is a sworn officer of the Forest, appoin∣ted by the Kings leters pa∣tents, to walke the forest both earely and late, watching both the vert and venison, attaching and presenting all trespassers against them, within their owne bayliwicke or walke: whose oath you may see in Crompton.

fol. 201. And though these le∣ters patents be ordinarily graun∣ted, but quam diu bene se gesserint, yet some haue this graunt to thē and their heires, and thereby are called Foristers or Fosters in fee. Idem, fol. 157. & 159. Et Manwood parte prima. pag. 220. whome in Latine Crompton cal∣leth Foristarium feudi. fol. 175.

Foreiudger, (forisiudicatio) sig∣nifieth in the common lawe, a iudgement, whereby a man is depriued, or put by the thing in question. It seemeth to bee compounded of (fors. i. praeter) & (iuger. i. iudicare.) Bracton lib. 4. tract. 3. cap. 5. hath these words: Et non permittas quòd A. capitalis dominus feudi illius, ha∣beat custodiam haeredis, &c. quia in Curia nostra forisiudicatur de cu∣stodia, &c. So doth Kitchin vse it. fol. 209. and old nat. bre. fol. 44. & 81. and the statute. anno 5. Ed. 3. cap. 9. and anno 21. R. 2. cap. 12. Foriudicatus with authors of other nations signifieth as much as (banished) or as (deporta∣tus) in the auncient Romaine lawe, as appeareth by Vincentius de Franchis, descis. 102. Mathaeus de Afflictis. lib. 3. feudorum. Rub. 31. pag. 625.

Foregoers be pourveyours, go∣ing before the king or queene, being in progresse, to prouide for them, anno 36. Ed. 3. cap. 5.

Forfeiture, (forisfactura) com∣meth of the French word (for∣faict. i. scelus) but signifieth in our language, rather the effect of transgressing a penall lawe, then the transgression it selfe: as forfeiture of Escheates. anno 25. Ed. 3. cap. 2. Statut. de Proditio∣nibus. Goods confiscate, and goods forfeited differ. Stawnf. pl. cor. fol. 186. where those seeme to be forfeited, that haue a knowne owner, hauing commit∣ted any thing whereby he hath lost his goods; and those con∣fiscate, that are disavowed by an offendour, as not his owne, nor claymed by any other. I thinke rather, that forfeiture is more generall, and confiscation parti∣cular, to such as forfeit onely to the Princes Exchequer. Reade the whole chapter. lib. 3. cap. 24. Full forfeiture (plenaforisfactura) otherwise called (plena vita) is forfeiture of life and member, and all else that a man hath. Manwood parte prim. pag. 341. The Canon Lawyers vse also this word. For forisfacta sunt pecu∣niariae poenae delinquentium. Glos. in cap. Praesbyteri, extra. de poenis.

Forfeiture of mariage, (forisfa∣ctura maritagii) is a writ lying a∣gainst him, who houlding by knights seruice, and being vnder age and vnmaried, refuseth her, whome the Lord offereth him, without his disparagement, and marieth another. Fitzh. nat. br. fol.

141. H. I. K. L. Register orig. fol. 163. b.

Forfeng, quiet antiam prioris prisae designat: in hoc enim delinquunt Burgenses Londonenses, cum prisas suas ante prisas regis faciunt. Fle∣ta lib. 1. cap. 47.

Forgerie. See here next fol∣lowing, Forger of false deeds.

Forger of false deedes, com∣meth of the french (Forger). i. accudere, fabricare, conflare, to beate one an anvile, to fashion, to bring into shape, and fignifi∣eth in our common law, either him that fraudulently maketh and publisheth false writings, to the preiudice of any mans right, or else the writ that lyeth against him, that committeth this offence. Fitzh. nat. br. fol. 96. B. C. calleth it a writ of de∣ceite. See Tearmes of law, verbo Forger. and Wests Simbol. parte. 2. Indictments, sectio. 66. See the new booke of Entries. verbo Forger. de faits. This is a branch of that which the ciuilians call crimen falsi: Nam falsarius est, qui decipi∣endi causa scripta publica falsificat. Speculator. de crimine falsi. Falsi crimen propriè dicitur, quod vtilitatis priuatae causa factum est. Connanus li. 5. ca. 7. nu. 4. Ad esse falsitatis tria requiruntur: mutatio veritatis, dolus, & quod alteri sit nocivum. Quorum si alterum desit, falsitas non est punibilis. Hostiensis, & Azo in suis summis.

Forister. See Forester.

Formdon (Breve formatum do∣nationis) is a writ that lyeth for him, that hath right to any lands or tenements by vertue of any entayle, growing from the sta∣tute of Westm. 2. cap. 1. It lyeth in three sorts, and accordingly is called forma donationis, or formdon in the descender: form∣don in the reverter, or formdon in the remainder. Formdon in the descender lyeth for the recouery of lands, &c. giuen to one and the heyres of his bodie, or to a man and his wife, and the heyres of their two bodies, or to a man and his wife being cosin to the donour, in franke mari∣age, and afterward alienated by the Donee. For after his decease his heyre shall haue this writ a∣gainst the tenent or alience. Fitz. nat. br. fol. 211. He maketh three sorts of this formdon in the des∣cender: The first is, in the ma∣ner now expressed: the second is, for the heire of a coparcener, that alienateth and dieth. fol. 214 The third is called by him (In simul tenuit) fol. 216. which lyeth for a coparcener or heire in Ga∣uelkind, before partition against him, to whome the other copar∣cener or heire hath alienated and is dead. Formdon in the reuerter, lyeth for the donour or his heires, where land entayled to certaine and their issue, with

condition for want of such issue to reuert to the donour and his heires, against him to whom the Donee alienateth, after the issue extinct, to which it was entay∣led. Fitzh. nat. br. fol. 219. Form∣don in the remainder lyeth, where a man giueth landes in tayle, the remainder to another in tayle, and afterward the for∣mer tenent in tayle dieth with∣out issue of his bodie, and a stranger abateth, then he in the remainder shall haue this writ. Fitz. nat. br. fol. 217. See the Register original. fol. 238. 242. 243. of this see the new booke of Entries. verb. Formdon.

Forsechoke, seemeth to signi∣fie originally as much as forsaken in our moderne language, or (derelictum) with the Romaines. It is especially vsed in one of our statutes, for land or tenements seised by the Lord, for want of seruices due from the tenent: and so quietly held and possessed be∣yond the yeare and day. As if we should say, that the tenent which seeing his land or tene∣ments taken into the Lords hand, and possessed so long, ta∣keth not the course appointed by lawe to recouerthem, doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them. See the statute anno 10. Ed. 1. cap. vni∣co.

Forstall, is to be quit of a∣merciaments and catels arrested within your land, and the a∣merciaments thereof comming. New termes of lawe.

Forstalling (forstallatio) is part∣ly french, for (Estaller) is in that tongue, as much as (merces expo∣nere, expedire, explicare) or to shew wares in a market or faire. It signifieth in our common law, the buying or bargaining for a∣ny victuals or wares comming to be sould toward any faire or market, or from beyond the seas toward any city, port, hauen, creeke, or roade of this realme, and before the same be there. an∣no. 51. H. 3. stat. 6. West. parte 2. Simbol. titulo indictments. sect. 64. Forstaller, in Cromptons Iurisdicti∣on, fol. 153. is vsed for stopping of a deere broken out of the fo∣rest, from returning home a∣gaine, or laying betweene him and the forest, in the way that he is to returne: See Regratours and Engrossers. See Cromptons Iustice of peace. fol. 69. a. The author of the new terms of law defineth it thus. Forstalling (Forstallamen∣tum) is the buying of corne, cat∣tell, or other merchandies by the way, as it commeth toward the faire or market to be sould, to the intent to sell the same a∣gaine at a more high and deere price. Fleta saith thus of it, signi∣ficat obtrusionem vtae vel impedimentum

transitus & fugae auerio∣rum, li. 1. cap. 47.

Fortescue, was a learned Lawyer, & Lord Chauncelor in Henry the 6. dayes: who writ a booke in the commendation of our com∣mon lawes.

Fortlet (forteletum) commeth nete the french (fortelet. i. va∣lenticulus, forticulus) and signifi∣eth in our common lawe, a place of some strength. old nat. br. fol. 45. This in other coun∣tries is written (fortalitium) and signifieth (castrum.) Scraderus se∣lect. & practabil. quest. §. 12. nu. 7. & 8.

Fother, is a weight of twenty hundred, which is a waine or cartloade. Speight in his Annot. vpon Chawcer.

Fourche (Assorciare) seemeth to come of the french, (four∣cher. i. titubare liuguà) and signi∣fieth in our common lawe, a putting off, prolonging, or de∣lay of an action. And it appea∣sieth no vnpleasant metaphor: for as by stammering we draw out our speech, not deliuering. that we haue to say in ordinary time, so by sourching we prolong a suite that might be ended in a shorter space. To sourch by es∣soine. Westm. 1. cap. 24. anno 3. Ed. prim. where you haue words to this effect: Coparceners, Ioint∣tenants, and Tenents in common, may not sourch by essoine to es∣soine seuerally, but haue only one essoine, as one sole tenent may haue. And anno 6. Ed. 1. ca. 10. you haue it vsed in like sort.

Foutgeld, is a word compoun∣ded of these two German words (fous. i. pes, and (gyldan. i. solvere) and it signifieth an amercement for not cutting out the balles of great dogges feet in the forest. See Expeditate. And to be quit of footegeld is a priuiledge to keepe dogges within the forest, vnlawed, without punishment or controlment. Cromptons Iuris∣dict. fol. 197. Manwood parte pri. of his forest lawes, pag. 86.

Fowles of warren. See War∣ren.

Founder, is he that melteth mettall, and maketh any thing of it, by casting it into a mold, &c. anno 17. Rich. 2. cap. 1. deri∣ued of the verbe (fundere) to powre.

Franchise, (libertas, franchesia) commeth of the french (fran∣chise) so signifiing: it is taken with vs for a priuiledge, or an exemption from ordinarie iuris∣diction, and sometime an immu∣nitie from tribute. It is either personall or reall. Cromp. Iurisd. fol. 141. that is belonging to a personimmediatly, or else by meanes of this or that place, or court of immunitie, whereof he is either chiefe or a member.

In what particular things fran∣chises commonly consist, See Britton cap. 19. Franchise royall anno 15. R. 2. cap. 4. & anno 2. H. 5. cap. 7. in fine, seemeth to bee that, where the kings writs runne not: as Chester and Durham, they are called Seignories royall. an. 28. H. 6. cap. 4. The authour of the new Termes of lawe saith, that franches royall is, where the King graunteth to one and his heires, that they shall be quit of tolle or such like: See franchise in the new booke of Entries. See Bracton lib. 2. cap. 5. See Sac.

Frauk almoine (libera Eleemo∣zyna) in french (frank Ausmone) signifieth in our common lawe, a tenure or title of lands. Britton cap. 66. nu. 5. saith thus of it: Franke almoyne is lands or tene∣ments bestowed vpon God, that is, giuen to such people, as be∣stow themselues in the seruice of God, for pure and perpetuall almes: whence the feoffours or giuers cannot demaund any ter∣restriall seruice, so long as the lands. &c. remaine in the handes of the feoffees. With this agre∣eth the grand custumary of Nor∣mandie. cap. 32. Of this you may reade Bracton at large. lib. 2. cap. 5. & 10. See Fitzh. nat. br. fol. 211. See the new booke of En∣tries. verbo. Franke Almoine. But Britton maketh another kind of this land, &c. which is giuen in almes, but not free almes: be∣cause the tenents in this are tyed in certain seruices to the feoffor, Pritton vbisupra.

Frank bank (francus bancus) in true french, (franc banc) signifi∣eth, word for word, a free bench or seate: and among our lawe writers, it seemeth to be vsed for copyhold lands, that the wife being espoused a virgin, hath af∣ter the decease of her husband for her dower. Kitchin fol. 102. Bracton lib. 4. tract. 6. cap. 13. nu. 2. hath these wordes: Consuetu∣do est in partibus illis, quòd vxores maritorum defunctorum habeant francum bancum suum de terris sockmannorum, & tenent nomine do∣tis. Fitzher. calleth it a custome, whereby in certaine cities the wise shall haue her husbands whole lands, &c. for her dower. Nat. br. fol. 150. P. See Plowden casu Newis. fol. 411.

Frank chase, (Libera chasea) is a libertie of free chase, whereby all men hauing ground within that compasse, are prohibited to cut downe wood, or discouer, &c. without the view of the fo∣rester, though it be his owne demesne. Cromptons Iurisdictions, fol. 187.

Frank fee (feudum francum, seu liberum) is by Brooke tit. Di∣mesn. num. 32. thus expressed: That which is in the hand of the King or Lord of any maner,

being auncient demesn of the Crowne (viz. the Demesnes) is called frank fee, and that which is in the hands of the tenents, is auncient demesn onely: see the Register original. fol. 12. a. Where∣by it seemeth, that that is frank see, which a man holdeth at the common lawe to himselfe and his heires, and not by such ser∣uice as is required in auncient demesn, according to the cu∣stome of the maner. And again, I find in the same booke fol. 14. b. a note to this effect, that the lands which were in the handes of king Edward the Saint, at the making of the booke called Doomesday, is auncient demesn: and that all the rest in the realme is called frank fee: with the which note Fitzherb. agreeth, na. br. fol. 161. E. So that all the land in the realme, by this rea∣son, is either auncient demesn, or frank fee. The new expoun∣der of the lawe termes defi∣neth frank fee, to be a tanure in fee simple, of lands pleada∣ble at the common lawe, and not in auncient demesn: See Fachi∣neus. lib. 7. cap. 39. who defineth feudum francum esse, pro quo nullum seruitium praestatur Domino: with whom agreeth Zasius de fendis. parte 12. saying, that therefore it is feudum improprium, quia ab om∣ni seruitio liberum.

Frank ferme (Firma libera) is land or tenement, wherein the nature of fee is chaunged by feof∣ment, out of knights seruice, for certaine yearely seruices, and whence neither homage, ward∣ship, mariage, nor releife may be demaunded, nor any other seruice not contained in the feof∣ment. Britton. ca. 66. nu. 3. see Fee ferme.

Frank law (libera lex) See Cromptons Iustice of peace, fol. 156. b. where you shall finde what it is, by the contrary. For he that for an offence, as conspiracy, &c. leeseth his franke lawe, is said to fall into these mischiefs: first, that he may neuer be impaneled vp∣pon any iury, or assise, or other∣wise vsed in testifiing any truth. Next, if he haue any thing to doe in the kings court, he must not approch thither in person, but must appoint his attourney. Thirdly, his lands, goods, and chatelsmust be seised into the kings hands: and his lands must be estreaped, his trees rooted vp, and his body committed to pri∣son. For this, the said authour ci∣teth the booke of Assises fo. 59. Conspiracy. F. 11. 24. Ed. 3. fo. 34. See Conspiracy.

Frank mariage (liberū maritagiū) is a tenurein taile speciall, growing from these words in the gift com∣prised: Sciant &c. me M. H de W. dedrsse & concessisse, & praesenti charta mea confirmasse I. A. filio

meo & Margeriae vxori eius, filiae verae T. N. in liberū marit agium v∣num messuagium &c. West parte i. Symbol. li. 2. sect. 303. The effect of which words is, that they shall haue the land to them, and the heires of their bodies, and shall doe no fealty to the donour, vn∣till the fourth degree. See new Terms of law. Glanuile li. 7. ca. 18. & Bracton li. 2. ca. 7. nu. 4. where he diuideth maritagium, in liberum & seruitio obligatum. See Mariage. Fleta giueth this reason why the heires doe no seruice vntill the fourth discent, ne donatores vel eorum haeredes, per homagii receptionem, a reuersione re∣pellantur. And why in the fourth discent and downeward, they shall doe seruice to the donour, quia in quarto gradu vehementer praesumitur, quòd terra non est pro defectu haeredum donatariorum re∣versura, libro tertio. ca. 11. in princ.

Frankpledge (Franoiplegium) is compounded of (Franc. i. liber) and (pleige. i. fideiussor) and signi∣fieth in our common law, a pledge or surety for free men. For the auncient custome of En∣gland for the preseruation of the publique peace, was that euery free borne man, at fourteene yeares of age, after Bracton (reli∣gious persons, clerks, knights, and their eldest sonnes excepted) should finde suerty for his truth toward the King and his sub∣iects, or else be kept in prison, whereupon a certaine number of neighbours became customa∣bly bound one for another, to see each man of their pledge forthcomming at all times, or to answere the transgression com∣mitted by any broken away. So that whosoeuer offended, it was forthwith inquired in what pledge he was, and then they of that pledge, either brought him forth within 31. daies to his aun∣swere, or satisfied for his offence. This was called Frank pledge, causa qua supra. and the circuit thereof was called Decenna, be∣cause it commonly consisted of 10. houshouldes: And euery par∣ticular person thus mutually bound for himselfe and his neighbours, was called Decenni∣er, because he was of one Decen∣na or another: This custome was so kept, that the shyreeues, at euery county court, did from time to time take the oaths of yonge ones, as they grew to the age of 14. yeares, and see, that he were combined in one dozen or another. whereupon this braunch of the shyreeues autho∣rity was called visus Franciplegu, view of frankpledge. See the sta∣tute for view of Frankpledge, made anno. 18. Ed. 1: See Deoen∣nier, Leete vew of Frankpledge, and Freoborghe. That this disci∣pline

is borowed by vs of the Romane Emperours or rather Lom∣bards, appeareth most manifest∣ly in the second booke of Feuds. ca. 53. vpon which if you reade Hotoman, with those authors that he there recordeth, you will thinke your labour well be∣stowed. Reade more of this. viz. what articles were wont to be inquired of in this court, in Hornes mirrour of Iustices li. 1. ca. de la veneudes francs pleges, and what these articles were in aun∣cient times, see in Fleta. li. 2. ca. 52.

Fredwit See Fletwit.

Free chapell (libera Capella) by some opinion, is a chapell founded within a parish for the seruice of God, by the deuotion and liberalitie of some good man, ouer and aboue the mother Church, vnto the which it was free for the parishioners, to com or not to come, & ēdowed with maintenance by the founder, and therevpon called free: I haue heard others say, and more probably, that those only be free chapels, that are of the Kings foundation, and by him exemp∣ted from the Iurisdiction of the Ordinarie: but the King may li∣cence a subiect to found such a chapell, and by his charter ex∣empt it from the Ordinaries vi∣sitation also. That it is called free in respect it is exempted from the iurisdiction of the Diocesan, appeareth by the Register ori∣ginall. fol. 40. & 41. These cha∣pels were all giuen to the King: with chaunteries anno. 1. Ed. 6. ca. 14. Free chapell of Saint Martin le grand. anno. 3. Eduardi 4. capite quarto. & anno. 4. Eduard. quarti ca. 7.

Free hould (liberum tenemētum) is that land or tenement, which a man holdeth in see, see taile, or at the least, for terme of life, Bract. li. 2. ca. 9. The newe expounder of the lawe termes saith, that free hold is of 2. sorts. Freehould in deede, and freehold in lawe: Freehold in deede, is the reall possession of land or tenements in fee, fee tayle, or for life. Freehould in lawe, is the right that a man hath to such land or tenements before his entry or seisure. I haue heard it likewise extended to those offices, which a man hol∣deth either infee or for terme of life. Britton defineth it to this effect. Frank tenement is a posses∣sion of the soile, or seruices is∣suing out of the soile, which a free man holdeth in fee to him and his heires, or at the least, for tearme of his life, though the soile be charged with free ser∣vices or others. ca. 32. Free hold is sometime taken in opposition to villenage. Bract. li, 4. ca. 37. & 38. M. Lamberd (in his ex∣plication

of Saxon words, ver∣bo Terra ex scripto) saith, that land in the Saxons time was called either Bockland, that is holden by booke or writing: or Folc∣land, that is holden without wri∣ting: The former, he reporteth, was held with farre better con∣ditions, and by the beter sort of tenents, as noble men and gen∣tlemen, being such as we nowe call free hould: the later was commonly in the possession of clownes, being that which wee nowe call at the will of the Lord: I finde in the Register iu∣diciall. fol. 68. a. and in diuers other places, that he which hol∣deth land vpon an execution of a Statute merchant, vntill he be satisfied the debt. tenet vt liberum tenementum sibi & assig∣natis suis. and fol. 73. b. I reade the same of a tenent per elegit; where I thinke the meaning is not, that such tenents be free-houlders, but as freehoulders for their time, that is vntill they haue gathered profits to the va∣lue of their debt. Freehoulders in the auncient lawes of Scotland, were called Milites. Skene de verb. signif. verb. Milites: The D. & Stu∣dent saith, that the possession of land, after the lawe of England, is called franck tenement, or free hould. fol. 97. a.

Frenchman (Francigena) was wont to be vsed for euerie out-landish man. Bracton. lib. 3. tract. 2. cap. 15. See Englecerie.

Frendwite, vel Infeng, significat quietantiam prioris prisae ratione convivii, Fleta li. 1. ca. 47.

Frendles maen, was wont to be the Saxon word for him, whome we call an outlawe. And the rea∣son thereof I take to be: because he was vpon his exclusion from the kings peace and prote∣ction, denied all helpe of freinds; after certaine daies. Nam foris∣fecit amicos. Bract. li. 3. tract. 2. ca. 12. nu. 1. whose words are these. Talem vocant Angli (vtlaugh) & alio nomine antiquitùs solet nomina∣ri, sc: Frendles man: & sic videtur quod forisfecit amicos: & vnde st quis talem post vtlagariam & ex∣pulsionem scienter paverit, recepta∣verit, vel scienter cōmunicaverit a∣liquo modo, vel receptauerit, veloc∣cultauerit, eadem paenâ puniri debet, quâ puniretur vtlagatus: ita quòd careat omnibus bonis suis & vita, nisi Rex et parcat de sua gratia. 〈◊〉〈◊〉 Fresh disseisin (Frisca disseisina) commeth of the french (Fraiz. 1. recens) and (disseisir. i. posessione eiicere) It seemeth to signifie in our common law, that disseisin that a man may seeke to defeate, of himselfe, and by his owne power, without the helpe of the king or his iudges, Britton. ca. 5. & that is such disseisin, as is not aboue 15. daies olde. Bract. li. 4. ca. 5. whome you may reade at

large of this mater, concluding that it is arbitrarie, and so doth Britton ca. 65. but ca. 43. he see∣meth to say, that in one case it is a yeare. See him also ca. 44.

Fresh fine, is that which was levied within a yeare past, Westm. 2. cap. 45. an. 13. Ed. 1. Fresh force (Frisca fortia) is a force done within 40. daies, as it see∣meth 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 auncester, to whome he is heire: or after the death of his tenent for life or in taile: he may within 40. daies after his title accrued, haue a bille out of the chauncerie to the Mayor, &c. See the rest.

Fresh suite (recens insecutio) is such a present and earnest fol∣lowing of an offendour, as neuer ceaseth from the time of the offence committed or espied, vn∣till he be apprehended. And the effect of this, in the pursuite of a felon, is, that the partie persiew∣ing shall haue his goods resto∣red him agine: whereas other∣wise they are the kings. Of this see Stawnf. pl. cor. li. 3. ca. 10. & 12. where you shall finde handled at large, what suite is to be ac∣counted fresh, and what not. And the same author in his first booke, cap. 27. saith, that fresh suite may continue for seuen yeres, See Cookes reportes. l. 3. Rige∣waies case. Fresh suite, seemeth to be either within the view or without: for M. Manwood saith, that vpon fresh suite within the view, trespassers in the forest may be attached by the efficers per∣siewing them, though without the limits and boundes of the forest. parte 2. ca. 19. nu. 4. fol. 121.

Freoborgh: aliâs Fridburgh: a∣liâs Frithborg (Frideburgum) com∣meth of two Saxon words (Freo. i. liber, ingenuus) and (borgh. i. fi∣deiussor) or of (Frid. i pax) & (Borgha. i. sponsor) This is other∣wise called after the French (Franck pledge) the one being in vse in the Saxons time, the other sithence the Conquest: wherefore for the vnderstan∣ding of this, reade Franck pledge. That it is all one thing, it appea∣reth by M. Lamberd in his ex∣plication of Saxon words, verbo Centuria and againe in the lawes of King Edward set out by him, fol. 132. in these words: Praeterea est quaedam summa & maxima se∣curitas, per quam omnes statu fir∣missimo sustinentur: viz. vt vnus∣quis{que} stabiliat se sub fideiussionis securitate, quam Angli vocant (Freoborghes) soli tamen Eberacen∣ses, dicunt eandem (Tienmannata∣le) quod sonat latine decem homi∣num numerum. Haec securitas hoc modo fiebat, quòd de omnibus vil∣lis

totius regni sub decennali fide∣iussione debebant esse vniuersi: ita quòd si vnus ex decem forisfecerit, novem adrectum eum haberēt: quòd si aufugeret, daretur lege terminus ei 31. dierum: vt quaesitus interim & inventus, ad iustitiam Regis ad∣duceretur, & de suo illico restau∣raret damnum quod fecerat. Etsi ad hoc forisfaceret, de corpore sno iu∣stitia fieret. Séd si infra praedictum terminum inveniri non posset, &c: as in the booke: 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, & huiusmo∣di libertates, milites suos & proprios servientes, armigeros sc. dapiferos, & pincernas, camerarios, coquos, pi∣stores, sub suo Fridburgo habere de∣bent. Item & isti suos Armigeros, & alios sibi servientes. Quòd si cui forisfecerint, ipsi domini sui habeant eos adrectum, et si non habuerint, solvant pro eis forisfacturam. Et sic obseruandum erit de omnibus alits, qui sunt de alicuius manupastu. Out of these words, I learne the reason, why great men were not combined in any ordinarie do∣zeine, and that is, because they were a sufficient assurance for themselues and for their meniall seruants: no lesse then the tenne were one for another in ordi∣narie dozeins. See Frank pledge: see Skene de verborum significatio∣ne. verbo. Freiborgh. Fleta writeth this word (frithborgh) and vseth it for the principall man, or at the least, for a man of euery do∣zein. Frithborgh (saith he) est laudabilis homo testimonii liber vel servus, per quem omnes iuxta ipsum commorantes firmiori pace susten∣tentur sub stabilitate fideiussionis e∣ius vel alterius per denarium nume∣rum, vnde quilibet quasi plegius al∣terius: it a quod si vnus feloniam fe∣cerit, novem tenentur ipsum ad standum recto praesentare. lib. 1. ca. 47. §. Frithborgh. See Roger Ho∣veden, parte poster. suorum annal. in Henrico secundo. fol. 345. a. b.

Frier (frater) commeth of the French (fiere) there be foure or∣ders reckoned of them. anno 4. H. 4. cap. 17. viz. Minours, Au∣gustines, Preachers, and Gar∣melites, the foure principall or∣ders, of which the test descend. See in Zechius de rep. ecc. pag. 380 Looke Linwood. titulo de relig. de∣mibus. cap. 1. verb. Sancti Au∣gustin.

Frier observant (frater obser∣vans) is an order of Franciscans: for the better vnderstanding of whom, it is to be noted, that of those 4. orders mentioned in the word (Frier,) the Franciscans, are minores tam Obseruantes quòm Conventuales & Capuchini. Zec∣chus de Repub. Eccl. tract. de regu∣lar. cap. 2. These Friers obser∣vant, you find spoken of anno 25.

H. 8. cap. 12. who be called observants, because they are not combined together in any cloyster, covent, or corporation as the Conuentuals are: but only tye themselues to obserue the rites of their order, and more strictly then the Conuentuals doe: and vpon a singularitie of zeale, separate themselues from them, liuing in certaine places, and companies of their owne chusing. And of these you may reade Hospinian. de orig. & progr. Monachatus. fol. 878. cap. 38.

Friperer, is taken from the French (fripier) interpolator, one that scowreth vp and cleanseth old apparell to sell againe. This word is vsed for a bastardly kind of broker. anno 1. Iaco. 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, & (soken. i. quaerere.) Fleta tearmeth it frithsokne, vel forsokne, yeelding this reason, Quòd significat libertatem habendi franci plegii.

Fuer (fuga) commeth of the French (fuir, i. fugere) though it be a verbe, yet it is vsed sub∣stantiuely in our common law, and is twofold: fuer in feit, (in facto) when a man doth appa∣rently and corporally flie, and fuer in ley, (in lege) when being called in the countie, he appea∣reth not vntill he be outlawed: for this is flight in interpretation of law. Staw nf. pl. cor. lib. 3. c. 22.

Fugitiues goods, (bona fugitiuo∣rum) be the proper goods of him that flyeth vpon felonie, which after the flight lawfully found, do belong to the king. Coke vol. 6. fol. 109. b.

Furlong, (ferlingum terrae) is a quantitie of grounde con∣taining twenty lugs or poles in length, and euery pole 16 foote and a halfe, eight of which furlongs make a mile, anno 35. Fd. 1. cap. 6. It is o∣therwise the eighth part of an acre. See Acre. In the former signification the Romanes call it (stadium,) in the later (iuge∣rum.) This measure which wee call a pole, is also called a perch, & differeth in length, according to the custome of the countrey. See Perch.

Furre (furrura) commeth of the French (fourrer. i. pellicu∣lare) to line with skinnes. Of furre I find diuers strange kinds in the statute. anno 24. H. 8. cap. 13. as of sables, which is a rich furre of colour betweene blacke and browne, being the skinne of a beast called a Sa∣ble, of quantitie betweene a Polecat and an ordinarie cat, and of fashion like a Polecat,

bred in Ruscia, but most and the best in Tartaria. Lucerns; which is the skinne of a beast so called, being nere the bignes of a wolfe, of colour betweene red and browne, something mayled like a cat, and mingled with blacke spottes, bred in Muscovie and Ruscia, & is a very rich furre. Genets, that is the skinne of a beast so called, of bignes betweene a cat and a wesell, mayled like a cat, and of the nature of a cat, bred in Spaine. Whereof there bee two kinds, blacke, and gray, and the blacke the more precious furre, hauing blacke spots vpon it hardly to be seene. Foines, is of fashion like the Sable bred in Fraunce for the most part: the toppe of the furre is blacke, and the ground whitish. Marterne, is a beast very like the Sable, the skinne something courser, it li∣ueth in all countries that be not too cold, as England, Ire∣land, &c. and the best be in Ire∣land. Miniuer, is nothing but the bellies of Squirels, as some men say: others say, it is a litle vermin like vnto a Wesell milke white, and commeth from Muscovie. Fitch, is that which we otherwise call the Polecat here in England. Shankes, be the skinne of the shanke or legge of a kind of Kidde which beareth the furre, that we call Budge. Calaber, is a litle beast, in bignes about the quantitie of a squirell, of colour gray, and bred especially in high Germanie.

G

GAbell (gabella, gablum) com∣meth of the French (ga∣belle. i. vectigal) and hath the same signification among our old Writers, that (gabelle) hath in Fraunce, for M. Camden in his Britannia. pag. 213. speaking of Wallingford, hath these words: Continebat 276. hagas. i. domos reddentes novem libras de gablo: and pag. 282. of Oxford, these: Haec vrbs reddebat pro telonio & gablo, & aliis consuetudinibus per annum, Regi quidem viginti libras, & sex sextarios mellis: Comiti verò A'garo decem libras. Gabella (as Cassanaeus defineth it, de consuetu. Burgund. pag. 119. Est vectigal quod solvitur probonis mobilibus, id est, pro hiis quae vehuntur, distin∣guishing it from Tributum, quia Tributum est propriè, quod fisco vel Principi solvitur pro rebus immobi∣libus.

Gage, (vadium) commeth of the French (gager. i. dare pig∣nus, pignore certare) and is it selfe a French word nothing chāged, but in pronunciation. It signi∣fieth with vs also a pawne o•• pledge. Glanvile lib. 10. cap. 6. where he saith thus: Quandoque

res mobiles ponuntur in vadium, quandoque res immobiles, and a li∣tle after that, thus: Invadiatur res quandoque ad terminum, quan∣doque sine termino. Item quando∣que invadiatur res aliqua in mortuo vadio, quandoque non. And from that chapter to the end of the twelfth in the same booke, he handleth this only thing. Though the word (gage) be retained as it is a substantiue, yet as it is a verbe, the vse hath turned the G. into W. so as it is oftener written (wage:) as to wage deliuerance, that is, to giue securitie that a thing shall be deliuered. For if he that distrained, being siewed, haue not deliuered the catell that were distrained, then he shall not onely avow the distresse, but (gager deliuerance) i. put in sure∣tie, that he will deliuer the ca∣tell distrained. Fitzh. nat. br. fol. 74. D. & 67. F. whome see also fol. 67. F. G. yet in some cases, he shall not by tyed to make this securitie: as if the catell died in pound. Kitchin fol. 145. or if he claime a propertie in the ca∣tell siewed for. Termes of the lawe. To wage lawe what it is, see in his place. verbo. Lane. See Mortgage.

Gager deliuerance. See Gage.

Gayle. See Gaoll.

Gainage, (Wainagium) is neere to the French (Gaignage. i. quae∣stus, lucrum,) and signifieth in our common lawe, the land held by the baser kind of Sokemen or villeines. Bract. lib. 1. cap. 9. where he hath these words, spea∣king of seruants: Et in hoc legem habent contra dommos, quòd stare possunt in iudicio contra eos de vita & membris propter saeuitiam domi∣norum, vel propter intolerabilem in∣iuriam. Vt si eos distruant, quòd salvum non possit eis esse Wainagium suum. Hoc autem verum est de illis servis, qui tenent in antiquo domi∣nico coronae. And againe, lib. 3. tract. 2. cap. 1. Miles & liber homo non amerciabitur nisi secundum mo∣dum delicti, secundum quod delictū fuit magnum vel parvum, & salvo contenemento suo: Mercator verò, non nisi salva mercandiza sua: & villanus, non nisi salvo Wainagio suo. This in Westm. 1. cap. 6. an. 3. Ed. prim. is called Gaynure: and againe, cap. 17. and in magna charta, cap. 14. it is called wai∣nage. I find it in the old. nat. br. fol. 117. called Gainor. viz. in these words: The writ of Aile was praecipe, &c. quòd reddat vnam bovatam terrae, & vnam bovatam marisci: and the writ was abated for that the oxegang is alwaies of a thing that lyeth in gainor. I thinke this word was vsed of lands vsually plowed, because they that had it in occupation, had nothing of it but the profit and fruite raised of it by their owne paines, toward their suste

nance, nor any other title, but at the Lords will. Gainor again in the same booke, fol. 12. is vsed for a Sokeman, that hath such land in his occupation. In the 32. chapter of the Grand Custumarie of Normandie: Gaig∣neurs be ruricolae qui terras eleemo∣zin at as possident: and Britton vseth gainer, for to plow or till, fol. 65. a. & 42. b. West parte 2. symbol. titulo, Recoueries. sect. 3. hath these words: A praecipe quòd reddat, lyeth not in Bovata ma∣risci. 13. Ed. 3. fol. 3. nor de seli∣one terrae. Ed. 1. for the vncer∣taintie: because a selion, which is a land, sometime containeth an acre, sometime halfe an acre, sometime more, and sometime lesse. It lyeth not of a garden, cotage, or croft. 14. Assis. 13. 8. H. 63. 22. Ed. 4. 13. de virgata terrae. 41. 43. 13. Ed. 3. de fodina, de minera, de mercatu. 13. E. 3. for they bee not in demesn: but in gaine, &c. Lastly, in the statute of Distresses in the Ex∣chequer. anno 51. H. 3. I find these words. No man of reli∣gion, nor other, shall be di∣streined by his beasts that gaine the land.

Galege, (galicae) seemeth to come of the French, (galloches) which signifieth a certaine kinde of shoo worne by the Gaules in soule weather of old times. I find it vsed for some such imple∣ment. anno 4. Ed. 4. cap. 7. & anno 14. & 15. H. 8. cap. 9. where it is written plainely. Galochet.

Galingal (cyperus) is a medici∣nall herbe, the nature and di∣uersitie whereof is expressed in Gerards herball. lib. 1. cap. 22. The roote of this is mentioned for a drugge to be garbled. anno 1. Iaco. cap. 19.

Gallihalpens, were a kind of coine forbidden by the statute. anno 3. H. 5. cap. 1.

Galloches. See Galege.

Gals, (Gallae) be a kind of hard fruite like a nutte, but rounder, growing of the tree called in la∣tine (galla.) The diuers kinds and vses whereof Gerard expresseth in his Herball. lib. 3. cap. 34. This is a drugge to be garbled. anno 1. Iaco. cap. 19.

Gaol, (gaola) commeth of the French (Geole. i. caveola) a cage for birds, but is metaphorically vsed for a prison. Thence com∣meth (Geolier) whome we call Gayler or Gaoler.

Garbe (garba) commeth of the French (garbe, aliâs, gerbe. 1. fascis.) It signifieth with vs, a bundle or sheafe of corne. Charta de foresta. cap. 7. and gar∣ba sagittarum, is a sheafe of ar∣rowes. Skene de verb. signif. ver∣bo, Garba.

Garbling of bow-staues. anno 1. R. 3. cap. 11. is the sorting or culling out the good from the

bad. As garbling of spice, is no∣thing but to purifie it from the drosse and dust that is mixed with it. It may seeme to pro∣ceed from the Italian (garbo) that is, finenesse, neatnesse.

Gard, (Custodia) commeth of the French, (garde) being all of one signification. It signifieth in our common lawe, a custodie or care of defence: but hath diuers applications: sometimes to those that attend vpon the safetie of the Prince, called Yeomen of the Guard: somtime to such as haue the education of children vnder age, or of an Idiot: sometime to a writte touching wardshippe. Which writs are of three sorts: one cal∣led a right of guard or ward, in French, droit de gard, Fitzh. nat. br. fol. 139. the second is eie∣ctment de gard. Idem fol. 139. L. the third, is rauishment de gard. Idem fol. 140. F. G. See Gardem, see Ward.

Gardein (Custos) commeth of the French (gardien,) and yet the German (Warden) is neare vnto it. It signifieth generally him, that hath the charge or cu∣stodie of any person or thing: but most notoriously him, that hath the education or prote∣ction of such people, as are not of sufficient discretion, to guide themselues and their owne af∣faires, as children and Idiots: being indeede as largely exten∣ded, as both (Tutor and Curator) among the Civilians. For where∣as Tutor is he, that hath the gouernment of a youth, vntill he come to 14. yeares of age, and Curator, he that hath the disposition and ordering of his substance afterward, vntil he attaine to 25. yeares: or that hath the charge of a franticke person during his lunacie: the common Lawyers vse but onely Gardien or Gardian for both these. And for the better vnder∣standing of our English lawe in this thing, you must know, that as tutor is either testamentarius, or à Praetore datus ex lege Atilia, or lastly, legitimus: so we haue three sortes of Gardeines in England: one ordained by the father in his last will, another appointed by the Iudge afterward, the third cast vpon the Minor by the lawe and custome of the land. Tou∣ching the first, a man hauing goods and chatels neuer so ma∣ny, may appoint a gardein to the bodie or person of his child, by his last will and testament, vn∣till he come to the age of four∣teene yeares, and so the dispo∣sing or ordering of his substance, vntill what time he thinketh meet, and that is most common∣ly to the age of 21. yeares. The same may he do, if he haue lands to neuer so great a valew, so they

hold not in capite of the king, nor of any other Lord, by knights seruice. And in the for∣mer case, if the father appoint no Gardein to his child, the Or∣dinarie may appoint one to or∣der his moueables and chatels, vntill the age of 14. yeares: at which time he may chuse his guardian, accordingly as by the the ciuill lawe he may his Cura∣tor. 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 copie of court rolle, com∣monly the Lord of the fee ap∣pointeth him a guardian, vntill he come to the age of 14. yeres, and that is one, next of kind to the Minor of that side, that can hope for least profitby his death. If he hold by charter in socage, then the next of kind on that side by which the land commeth not is the guardian: and hereupon called guardian in socage. And that which is said here of socage seemeth to be true likewise in pe∣tit sergeantie. anno vicesimo octauo. Edvardi primi. statuto primo. And the reason of this, For∣tescue giueth in his booke, in∣tituled, A commendation of the politique lawes of England. cap. 44. viz. because there might be sus∣pition, if the next kinsman on that side by which the land des∣cendeth, should haue the custody and education of the child, that for desire of his land, he might be entised to worke him some mischiefe. Lastly, if a man dye seised of lands, holding by knights seruice, leauing his heire in minoritie, that is, vnder 21. yeares: the Lord of the fee hath, by law, the custodie both of the heire and his land, vntill he come to age. See the statute, anno 28. Ed. prim. statut. prim. And the rea∣son of this, Fortescue likewise gi∣ueth, for that hee to whom by his tenure he oweth knights ser∣uice, when he can performe it, is likeliest to traine him vp in martiall and ingenious disci∣pline, vntill he be of abilitie. But Polidore Virgil in his Chronicle, lib. 16. saith, that this was Mo∣vum vectigalis genus excogitatum, to helpe Henry the third, being oppressed much with pouertie, by reason he receiued the king∣dome much wasted by the wars of his aun cestours: and therefore needing extraordinarie helpe to vphold his estate: yet the 33. chapter of the Grand Custumary maketh mention of this to haue bene vsed by the Normans: and I thinke this the truer opinion. Here it is to be obserued, whe∣ther land in knights seruice 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 heires both person and land by his pre∣rogatiue. Stawnf praerog. cap. 1. If he hould of a common Lord, it is either of one alone or more; if of one onely, then is he guardian of both person and lands; if of more, then the Lord of whome he houldeth by the elder tenure, is guar∣dian of the person, and euery one of the rest hath the cu∣stodie of the land holden of him selfe. If the prioritie of the te∣nure cannot be discerned, then is he guardian of the person, that first happeth him. Termes of the lawe. Stawnf. vbi supra. whom you may reade more at large: which Author fol. 19. maketh mention of gardeyn in feit, and Gardeyn in droit: that is, in deed, and in lawe: I take the first to be him that hath purchased, or otherwise obtained the ward of the Lord of whom the land hol∣deth: the second, him that hath the right by his inheritance and seignorie. old. nat. br. fol. 94 Then is there gardein per cause de gard, which is he that hath the wardship of a Minor, because he is guardian of his Lord being likewise in minoritie. Stawnf. vbi supra. fol. 15. Of this you may reade Skene de verb. signif. verbo Varda. by whom you may learn great affinitie, and yet some dif∣ference betweene the lawe of Scotland, and ours in this point.

Guardia, is a word vsed among the Feudists, for the Latine (cu∣stodia,) and guardianus seu guar∣dio dicitur ille, cui custodia commis∣sa est. lib. Feudo. 1. titulo. 2. & tit. 11.

Gardeyn of the spiritualties, (Custos spiritualium, vel spirituali∣tatis) is he to whom the spirituall iurisdiction of any Diocesse is committed, during the vacancy of the see. anno 25. H. 8. cap. 21. And I take, that the guardeyn of the spiritualties, may be either Guardeyn in lawe, or Iure Magi∣stratus, as the Archbishop is of any Dioces within his prouince, or guardian by delegation, as he whom the Archbishop or Vicar generall doth for the time de∣pute.

Gardeyn of the peace, (Custos pacis.) See Conservatour of the peace.

Gardeyn of the Cinque ports, (Gardianus quinque portuum) is a Magistrate that hath the iurisdi∣ction of those hauens in the east part of England, which are com∣monly called the Cinque ports, that is, the fiue hauens: who there hath all that iurisdiction, that the Admirall of England hath in pla∣ces not exempt. The reason why one Magistrate should be assig∣ned to these few hauens, seemeth

to be, because they in respect of their situation, aunciently re∣quired a more vigilant care, then other hauens, being in greater daunger of invasion by our ene∣mies, by reason that the sea is narrower there then in any o∣ther place. M. Camden in his Britannia, pag. 238. saith, that the Romaines, after they had setled themselues and their Em∣pire here in England, appointed a Magistrate or gouernour ouer those East partes, whom they tearmed Comitem littoris Saxo∣nici per Britanniam, hauing ano∣ther that did beare the same ti∣tle on the opposite part of the sea: whose office was to streng∣then the sea coasts with muni∣tion, against the outrages and robberies of the Barbarians. And farder signifieth his opinion, that this Warden of the Cinque ports, was first erected amongst vs, in imitation of that Ro∣maine policie. See Cinque ports.

Gare, anno 31. Fd. 3. cap. 8. is a course wooll full of staring haires, as such as groweth a∣bout the pesill or shankes of the sheepe.

Garnishment, commeth of the French (Garnir. i. instruere.) It si∣gnifieth in our common lawe, a warning giuen to one for his ap∣pearance, and that for the beter furnishing of the cause and court. For example, one is siewed for the detinew of cer∣taine euidences or charters, and saith, that the euidences were deliuered vnto him not onely by the plaintiffe, but by another also: and therefore prayeth, that that other may be warned to pleade with the plaintiffe, whether the said conditions bee performed yea or no. And in this petition he is said to pray garnishment. New booke of Entries. fol. 211. colum. 3. Termes of the lawe. Cromptons Iurisd. fol. 211. which may be interpreted either warning of that other, or else furnishing of the court with parties sufficient, throughly to determine the cause: because vntill he appeare and ioyne, the defendant (as Fitzh. saith) is, as it were, out of the court. nat. br. fol. 106. G. and the court is not prouided of all parties to the action. I am the bolder thus to interpret it, because I find Britton in the same mind. cap. 28. where he saith, that contracts be some naked, and sans garnment, and some furnished, or to vse the literall signification of his word, appareled: but a naked obliga∣tion giueth no action, but by common assent. And therefore it is necessarie or needfull, that euery obligation be appareled. And an obligation ought to be appareled with these fiue sortes

of garnements, &c. Howbeit, I reade it generally vsed for a warning in many places, and namely, in Kitchin fol. 6. Garni∣sher le court, is to warne the court. And reasonable garnish∣ment in the same place, is no∣thing but reasonable warning: and againe, fol. 283. and many other authours also. But this may be well thought a Metony∣mie of the effect, because by the warning of parties to the court, the court is furnished and ador∣ned.

Garrantie. See Warrantie.

Garter (Garterium) commeth of the french (Iartiere or Iartier. i. periscelis, fascia poplitaria) It signifieth with vs both in diuers statutes, and otherwise, one espe∣ciall garter, being the ensigne of a great and noble societie of knights, called knights of the garter. And this is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Poeta among the Graecians was Homer, among the Romanes Virgill, because they were of all others the most excellent. This high order (as appeareth by M. Camden pag. 211) and many o∣thers, was first instituted by that famous king Edward the third, vpon good successe in a skirmish, wherein the kings garter (I know not vpon what occasion) was vsed for a token. I know that Polidore Virgill casteth in an o∣ther suspition of the originall: but his groundes by his owne confession grew from the vul∣gar opinion: yet as it is, I will mention it as I haue read it. Ed∣ward the third king of England after he had obtained many great victories: King Iohn of Fraunce, King Iames, of Scot∣land, being both prisoners in the tower of London at one time, and king Henry of Castile, the bastard expulsed, and Don Pedro restored by the prince of Wales, did vpon no weighty occasion first erect this order in anno 1350. viz. He dauncing with the Queene, and other ladies of the court, tooke vp a garter that happened to fall from one of them: whereat some of the lords smiling, the king said vnto them, that eare it were long, he would make that garter to be of high reputation, & shortly after instituted this order of the blew garter, which euery one of the order is boūd daily to weare, be∣ing richly decked with gold and pretious stones, and hauing these words written, or wrought vpon it: Honi soit qui mal y pence. which is thus commonly interpreted: euill come to him that euill thinketh: but I thinke it might be better thus: Shame take him that thinketh euill. See knights of the garter. M. Fearne in his glory of generosity agreeth with M. Camden, and expressier set∣teth

downe the victories, whence this order was occasioned: what∣soeuer cause of beginning it had, theorder is inferiorto none in the world, consisting of 26. martiall and heroicall nobles, whereof the king of England is the cheif, and the rest be either nobles of the realme or princes of other countries, friends and confede∣rates with this realme; the ho∣nour being such, as Emperours and Kings of other nations, haue desired and thankfully accepted it: He that will reade more of this, let him repaire to M. Cam¦den, and Polidore, and M. Fern. fol. 120. vbi supra.

The Ceremonies of the chapter proceeding to election, of the inuestures and robes: of his in∣stallation, of his vowe with all such other obseruances, see in M. Segars new booke, intituled Honour militarie and ciuile. li. 2. ca. 9. fo. 65. Garter also signifieth the principall king at armes, a∣mong our English Heralds crea∣ted by king Henry the 5. Stow. pa. 584.

Garthman, anno 13. R. 2. stat. 1. ca. 19. & anno. 17. eiusd. cap. 9.

Gavelet, is a speciall and aun∣cient kinde of Cessauit vsed in Kent, where the custome of Ga∣vill kind continueth: whereby the tenent shall forfeit his lands and tenements to the Lord of whome he holdeth, if he with∣draw from him his due rents and seruices. The new Ex∣pounder of lawe Termes, whom reade more at large: I reade this word, anno 10. Ed. 2. cap. vni∣co. where it appeareth to be a writ vsed in the Hustings at London. And I find by Fleta, that it is vsed in other liberties, as the Hustings of Winchester, Lincolne, Yorke, and the Cinque ports. lib. 2. cap. 55. in principio.

Gavelkind, is, by M. Lam∣berd in his Exposition of Saxon words, verbo. Terra ex scripto, compounded of three Saxon words, gyfe, cal, cin: omnibus co∣gnatione proximis data. But M. Verstegan in his restitution of decayed intelligence, cap. 3. cal∣leth it (Gavelkind) quasi, giue all kind, that is, giue to each child his part. It signifieth in our com∣mon lawe a custome, whereby the lands of the father is equally diuided at his death amongst all his sons, or the lād of the brother equally diuided among the bre∣thren, if he haue no issue of his owne, Kit. fol. 102. This custome is said to be of force in diuers places of England, but especially in Kent, as the said Authour re∣porteth, shewing also the cause why Kentish men rather vse this custome, then any other pro∣vince. viz. because it was a com∣position made betweene the Conquerour and them, after all,

England beside was conquered, that they should enioy their aun∣cient customes, whereof this was one. For M. Camden in his Bri∣tannia, pag. 239. saith in expresse words thus: Cantiani eâ lege Gu∣lielmo Normano se dediderunt, vt patrias consuetudines illaesas retine∣rent, illam{que} inprimis quam Gavel∣kind nominant. Hac terrae quae eo no∣mine censentur, liberis masculis ex aequis portionibus dividuntur: vel foeminis, si masculi non fuerint: ad∣ding more worth the noting, viz. Hanc haereditatem, cùm quin∣tum decimum annum attigerint, adeunt, & sine Domini consensu, cuilibet, vel dando, vel vendendo a∣lienare licet. Hac filii parentibus furti damnatis in id genus fundis succedunt, &c. This custome in diuers gentlemens lands, was al∣tered at their owne petition, by Act of Parlament. anno 31. H. 8. cap. 3. But it appeareth by 18. H. 6. cap. pri. that in those daies there were not aboue thirty or forty persons in Kent, that held by any other tenure. See the new Termes, Gavelet, and Gavel∣kinde.

Gawgeour, (gaugeator) see∣meth to come of the French (Gawehir. i. in gyrum torquere.) It signifieth with vs an Officer of the Kings appointed to examin all tunnes, hogsheades, pipes, barels, and tercians of wine, oile, hony, butter, and to giue them a marke of allowance, before they bee sold in any place. And because this marke is a cir∣cle made with an iron instru∣ment for that purpose: it see∣meth that from thence he taketh his name. Of this office you may find many statutes: the first whereof is, anno 27. Ed. 3. com∣monly called the statute of pro∣uision, or Purveyours. cap. 8.

Geld, signifieth with the Sa∣xons, pecunia vel tributum. See Gyld.

Genets, aliâs, Ienets. See Furre.

Gentleman, (generosus) seemeth to be made of two words, the one French, (gentil. i. honestus, vel honesto loco natus:) the other Saxon (Mon) as if you would say, a man well borne. The Ita∣lian followeth the very word, calling those (gentil homini) whom we call Gentlemen. The Spaniard keepeth the meaning, calling him Hidalgo, or Hyod'al∣go, that is, the son of some man, or of a man of reckoning. The Frenchmen call him also gentil houme: so that gentlemen bee those, whom their bloud and race doth make noble and knowne. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in Greeke, in Latine, Nobiles. Smith de Repub. Anglor. lib. 1. cap. 20. vnder this name are all comprised that are aboue Yeomen: so that Noble∣men be truly called gentlemen.

But by the course and custome of England, Nobilitie is either maior or minor: the greater con∣taines all titles and degrees from Knights vpward: the lesser all from Barons downward. Smith vbi supra. cap. 21. The reason of the name, as I take it, groweth from this, that they obserue gen∣tilitatem suam, that is, the race & propagation of their blood, by giuing of armes, which the cō∣mon sort neither doth, nor may doe. For by the coate that a gen∣tleman giueth, he is knowne to be, or not to be descended from those of his name, that liued ma∣ny hundred yeares since. How∣beit, that this is neglected, where substance faileth to maintaine the countenance. For many of great birth fall to pouerty, whose posteritie liuing and labouring in want, haue small encourage∣ment to looke after the titles of their auncesters, and so in time slippe into the number of the ig∣noble sort: yet if they by their vertue or fortune, can againe ad∣uaunce themselues to sufficient abilitie, the Herald out of his obseruations can restore them to the coat of their progenitors, and now and then helpe them to one, that their auncestors ne∣uer ware. Gentiles homines, see in Tiraquel. de Nobilitate. cap. 2. pag. 53. Tully in his Topickes thus saith of this mater. Gentiles sunt, qui inter se eodem sunt nomine ab ingenuis oriundi, quorum maiorum nemo servitutem servivit, qui capite non sunt diminuti. And in the first booke of his Tusc. questions, hee calleth Tullum Hostilium, one of the kings of Rome, gentilem suum.

Generall Issue. vid. Issue.

Gestu & fama, is a writ. Lamb. Eirenarcha. lib. 4. ca. 14. pag. 531.

Gygge milles, were for the fulling of woollin cloth and forbidden, anno 5. Edward. 6. cap. 22.

Gild: alias Geld (Gildare) com∣meth from the Saxon word (Gil∣dan) i. soluere, Lamb. in his ex∣plica: of Saxon words saith verb. Contubernalis. It is vsed as a verb, and as a substantiue also, and as it is a substantiue, it is latined Gilda and signifieth a tri∣bute, or sometime an amerce∣ment, or thirdly a fraternity or company, combined together by orders and lawes made a∣mong themselues by the princes licence. M. Camden citeth many antiquities, by which it appear∣reth to signifie a tribute or taxe, as pa. 135. 139. 159. 168. 178. M. Crompton in his iurisdictions, fol. 191. sheweth it to be an amerce∣ment, as footgeld, and fol. 197. he interpreteth it to be a presta∣tion 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 sheues of corne, of lambe, and of wolle to the vse of Foresters. Againe M. Camden pag. 349. diuiding Suf∣folke into three parts, calleth the first Gildable, because tribute is thence gathered; the second li∣bertatem S. Edmundi: The third libertatem S. Etheldredae. And the statutes: anno 27. Ed. 3. stat. 2. ca. 13. & anno 11. H. 7. ca. 9. vse Gildable in the same sense, and so doth the statute anno 27. H. 8. ca. 26. From this M. Lamberd, vbi supra, is likewise perswaded, that the common word (Gild) or (Gildhall) doth proceede, being a fraternity or communalty of men gathered into one combina∣tion, supporting their common charge by a mutuall contributi∣on: And in the register originall, fol. 219. b. I reade Gildam mer∣catoriam, that is the Gilde mer∣chaunt, which I haue heard to be a certaine liberty or priui∣ledge belonging to Merchants, whereby they are enabled to hould certaine plees of land within their owne precincts. This word (Gildes) or (Guildes) is so vsed anno 37. Ed. 3. ca. 51. & anno 15. R. 2. cap. 5. And Gildhalda Teutonicorum, is vsed for the fraternity of easterling merchaunts in London, called the stilyard anno 22. H. 8. cap. octauo.

Ginger (Zinziber) is a spice well knowne, being the roote of a plant that groweth in hot countries, as Spaine, Barbary, &c. The true forme whereof you haue expressed in Gerards herball. li. 1. ca. 38. This is a spice whose roote is to be garbled. anno 1. Iaco. ca. 19.

Ginny peper (piper de Ginnea) is otherwise called Indian peper, of the place whence it commeth. The nature and farder descripti∣on whereof you haue in Gerards herball. lib. 2. ca. 66. This you haue mentioned among drugs and spices to be garbled, in the statute. i. Iaco. ca. 19.

Gisarms: anno 13. Ed. 1. stat. 3. cap. 6. is a kinde of weapon. Flet a writeth it Sisarmes. lib. 1. ca. 24 §, item quod quilibet.

Glaunce Ore, Plowden casu Mines. fo. 320. b.

Glanuill was a learned lawyer, that was Chiefe Iustice in Henry the seconds dayes, and writte a booke of the common lawes of England, which is the auncien∣test of any extant touching that subiect. Stawnf. praerog. cap. prim. fol. 5. He was then called in La∣tine Ranulphus de Glanvilla. He died in Richard the first his daies at the citie of Acres in the coast of Iury, being with him in his voyage to the holy land. Plowden. casu. Stowel. fol. 368. b.

Goe, is vsed sometime in a speciall signification in our cō∣mon lawe: as to go to God, is to be dismissed the court. Broke titulo. Fayler de records. num. 1. Goe forward, seemeth also to be a signe giuen by a Iudge to the Sergeant or Counceler, pleading the cause of his client, that his cause is not good. For when he standeth vpon a point of lawe, and heareth those words of the Iudges mouth, he taketh vnder∣standing, that he looseth the a∣ction. Smith de Repub. Anglo. lib. 2. cap. 13. To go without day, is as much as to be dismissed the court. Kitchin fol. 193.

Good behauiour. See Good abearing

Good abearing, (Bonus gestus) is, by an especiall signification, an exact cariage or behauiour of a subiect, toward the king and his liege people, whereunto men vpon their euill course of life, or loose demeanure are sometimes bound. For as M. Lamberd in his Eirenarcha. lib. 2. cap. 2. saith: he that is bound to this, is more strictly bound then to the peace: because, where the peace is not broken without an affray, or bat∣terie, or such like: this suretie (de bono gestu) may be forfeited by the number of a mans company, or by his or their weapons or harnesse: Where of see more in that learned Writer in the same chapter, as also in M. Cromptons Iustice of peace. fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127.

Good country, (Bona patria) is an Assise, or Iury of country men or good neighbours: Skene de verbo. signif. verbo, Bona patria.

Graffer (grafarius) signifieth as much as a notarie or scriuener. It commeth of the French (greffier. i. scriba, actuarius.) This word is v∣sed in the statute anno. 5. H. 8. c. 1.

Graines (grana paradisi, aliâs Cardamomum) is a spice medici∣nable and wholesome, whereof you may see diuers kindes in Gerards herball, l. 3. ca. 148. These are cōprised among merchādise that be to be garbled. an••. I. c. 19.

Grand assise. See Assise. and Magna assisa.

Grand Cape. see Cape and At∣tachment.

Grand Sergeanty: See Chyvalrie. & Seargeantye.

Grand distresse: (Magna de∣strictio) is a distresse taken of all the lands, and goods, that a man hath within the county or bay∣liwicke, whence he is to be di∣strained: Fleta. li. 2. ca. 69. §. penult: See Distresse. This word is vsed anno 51. H. 3. ca. 9. This falleth out when the defendant hath been attached, and yet ap∣peareth not vpō his attachment; or whē he appeareth & afterward makes default. For then the Shy∣reeue is commanded to distreine the Defendant, by all his goods

and chatels, and to answer the king the issues of his lands.

Grange (grangia) is a house or building, not onely where corne is laide vp, as barns be, but also where there be stables for hor∣ses, stalles for oxen and other ca∣tell, sties for hogs, and other things necessary for husbandry, Lindwood ca. item omnes de iudiciis verbo, Graungus, in glossa:

Graunt (Concessio, grantum) Glanvile. signifieth specially in our common law, a gift in wri∣ting of such a thing, as cannot aptly be passed or conueyed by word only: as rent, reversions, seruices, advowsens in grosse, common in grosse, villein in grosse, tythes, &c. or made by such persons, as cannot giue but by deede, as the king and all bodies politique: which differen∣ces be often in speech neglected, and then is it taken generally for euerry gift whatsoeuer, made of any thing by any person, and he that graunteth it, is named the grauntour, and he to whome it is made, the Grauntee. West. parte. i. symbol. lib. 2. sect. 334. A thing is said to lie in graunte, which can∣not be assigned with out deede. Coke l. 3. Lincolnes Coll. case. f. 63. a.

Greate men, are sometimes vn∣derstood of the laity of the high∣er house of parlament, as anno. 43. Ed. 3. ca. 2. & anno 8. R. 2. in prooem. and sometime of the knights &c. of the lower house, as anno 2. R. 2. stat. 2. in princip.

Gree, commeth of the French (Grè). i. sententia, beneplaecitum. It signifieth in our common law, contentment or good liking: as to make gree to the parties, is to satisfie them for an offence done. anno 1. Rich. 2. cap. 15.

Greachbreach, is breaking of the peace. Saxon in the descripti∣ion of England. ca. 11. v. Rastal. titulo exposition of words. The new expounder of lawe termes wri∣teth it (Grichbreach) and giueth it the same signification. See Greve.

Greene hewe, is all one with vert. Manwood parte 2. of his forest lawes. cap. 6. nu. 5. See Vert.

Greene waxe, seemeth to be vsed for estretes deliuered to Shyreeues out of the exchequer, vnder the seale of that court, to be levied in the county, anno 42. Ed. 3. ca. 9. & anno 7. H. 4. cap. 3. See Forein apposer.

Greue (praepositus) is a word of power and authoritie, signifiing as much as Dominus, or praefectus. Lamberd in his exposi. of Saxon words, verbo Praefectus. Where he seemeth to make it all one with (Reve) as I thinke vndoubtedly it is: The Saxon word is Gerefa whereof we haue diuers words compounded, as Shyreeue. Port∣greave, &c. which were wont of the Saxons to be written Scyrge∣refa:

Portgerefa See. Shyreeue and Portgreve. See Roger Hoveden parte poster. suorum annal. fo. 346. b. where he saith thus: Greue dici∣tur, ideo quod iure debeat grithe. i. pacem ex illis facere, qui patriae in∣ferunt Vae. i. miseriam vel malum.

Grithbreach, is a breach of peace. For Grith is a word of the old Angles, signifiing peace. Roger Hovedin parte poster suorum annal. fo. 346. b. See Greachbreach.

Grills anno 22. Ed. 4. ca. 2.

Grocers, be merchants that in∣grosse all merchandize vendible anno 37. Ed. 3. ca. 5.

Groome, anno 33. H. 8. ca. 10. (Valletus) is the name of a seruant that serueth in some inferiour place. M. Verslegan in his restitu∣tion of decayed intelligence saith, that he findeth it to haue beene in times past a name for youths, who albeit they serued, yet were they inferiour to men seruants, and were sometimes vsed to be sent on foote of errands, seruing in such manner as lackies doe nowe.

Growme, anno 43. E. ca. 10. see∣meth to be an engine to stretch wollen cloth withall after it is wouen.

Guydage (Guydāgium) is that which is giuen for safe conduct through a strange territorie. Cassan: de consuet. Bourg. pag. 119. whose words be these. Est Guida∣giū quod datur alicui, vt tutò condu∣catur per loca alterius.

Guylde, See Gyld.

Guylhalda Teutonicorum. See Gild.

Gule of August (Gula Augusti) anno. 27. Ed. 3. stat. 3. cap. vnico Fitzh. nat. br. fol. 62. I. aliâs Goule de August. Plowd. casu Mines, fo. 316. b. is the very day of Saint Peterad vincula, which was wont, and is still within the limits of the Roman church, celebrated vpon the very Kalends of Au∣gust. Why it should be called the gule of August, I cannot other∣wise coniecture, but that it com∣meth of the latine (gula) or the French (gueule) the throate. The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula, who saith that one Quirinus a tribune, hauing a daughter that had a disease in her throat, went to Alexander then Pope of Rome the sixt from Saint Peter, and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero: which request obteined, his said daugh∣ter kissing the said cheine, was cured of her disease and Quiri∣nus with his family was bapti∣sed. Tunc dictus Alexander papa (saith Durand hoc festum in Ka∣lendis. Augusti celebrandum insti∣tuit, & in honorem beali Petri ecclesiam in vrbe fabricavit, vbi vincula ipsa reposuit, & ad

vincula nominavit; & Ka∣lendis Augusti, dedicauit. In qua festivitate, populus illic ipsa vincula hodie osculatur. So that this day being before called onely the Kalends of August, was vpon this occasion afterward termed indifferently either of the instru∣ment that wrought this miracle, Saint Peters day ad vincula, or of that part of the maiden, wheron the miracle was wrought, the Gule of August.

Gultwit, seemeth to be com∣pounded of (Gult. i. noxa) and wit, which is said by some skil∣full men, to be an auncient ter∣mination of the words in the Saxon tongue, signifiing nothing in it selfe, but as (dom) or (hood) and such like be in these english words (Christendom) and (Man∣hood) or such others: others say, and it is true, that wit signifieth blame or reprehension. Gultwit (as Saxon in his description of England ca. 11. doth interpret it) is an amends for trespas.

Gust (Hospes) is vsed by Bra∣cton for a straunger or guest, that lodgeth with vs the second night: lib. 3. tracta. 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd, num. 27. it is written Gest: of this see more in Vncothe.

Gumme (gummi) is a certaine clammie or tough liquor that in maner of a swetie excrement, issueth out of trees, and is har∣dened by the sunne. Of these ther be diuers sorts brought ouer seas, that be drugs to be gar∣bled, as appeareth by the statute anno 1. Iaco. ca. 19.

Gutter tyle, alias corner tyle, is a tile made three cornerwise, es∣pecially to be laid in gutters, or, at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes. anno 17. Eduardi 4. ca. 4.

H A

HAbeas corpus, is a writ, the which a man indited of some trespas before Iustices of peace, or in a court of any fran∣chise, and vpon his apprehension being laid in prison for the same, may haue out of the kings bench, thereby to remooue him∣selfe thither at his owne costs, and to answer the cause there, &c. Fitzh. nat. br. fol. 250. H. And the order is in this case, first to procure a (Certiorari) out of the Chaūcerie directed to the said Iu∣stices for the remoouing of the Inditemēt into the kings bench, and vpon that to procure this writ to the Shyreeue, for the cau∣sing of his body to be brought at a day, Register iudiciall. fol. 81. where you shall finde diuers ca∣ses, wherein this writ is vsed.

Habeas corpora, is a writ that li∣eth

for the bringing in of a Iu∣rie, or so many of them, as re∣fuse to come vpon the (venire facias) for the tryall of a cause brought to issue. old nat br. fol. 157. See great diuersitie of this writ, in the table of the Register Iudiciall. verbo, habeas corpora. & the new booke of Entries. ver∣bo eodem.

Habendum, is a word of forme in a deede of conueyance, to the true vnderstanding whereof you must knowe, that in euery deede of conueyance, there be 2. prin∣cipall parts, the premisses, and the habendum. The office of the premisses is, to expresse the name of the grauntour, the grauntee, and the thing graun∣ted or to be graunted. The office of the (habendum) is to limite the estate, so that the generall impli∣cation of the estate, which by construction of lawe passeth in the premisses, is by the (haben∣dum) 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 generall implicati∣on of the ioynt tenancie in the freehould, which should passe by the premisses, if the (Habendum) weare not. Cooke. vol. 2. Bucklers case. fo. 55. See Vse.

Habere facias seisinam, is a writ Iudicial, which lyeth, where a man hath recouered lands in the kings court, directed to the Shyreeue, and commaunding him to giue him seisin of the land recouered. old nat. br. fol. 154. Termes of the lawe: whereof see great diuersity also in the ta∣ble of the Register Iudiciall, verb. Habere facias seisinā. This writ is issuing sometime out of the Re∣cords of a fine executorie, dire∣cted to the Shyreeue of the countie, where the land lyeth, & commanding him to giue to the Cognizee or his heires, seisin of the land, whereof the fine is levi∣ed. which writ lyeth within the yeare after the fine, or Iudgemēt vpon a (scire facias) and may be made in diuers formes. West. par∣te. 2. symb. titulo Fines. sect. 136. There is also a writ called Ha∣bere facias seisinam, vbi Rex habu∣it annum, diem, & vastum, which is for the redeliuery of lands to the Lord of the fee, after the king hath taken his due of his lands, that was conui∣cted of felonie. Register. orig. fol. 165.

Habere facias visum, is a writ that lyeth in diuers cases, where view is to be taken of the lands or tenements in question. See Fitzh. nat. br. in Iudice. verbo, (View) See Bracton. li. 5. tract. 3. ca. 8. & lib. 5. parte. 2. ca. 11. See vi〈…〉〈…〉 See the Register. Iudiciall, fol. 1. 26, 28. 45. 49. 52.

Haberiects (Hauberietus pan∣nus)

magn. chart. ca. 25. & pupilla oculi. parte. 5. ca. 22.

Hables, is the plurall of the French (hable) signifiing as much as a porte or hauen of the sea, whence ships doe set forth into other countries, and whe∣ther they doe arriue, when they returne from their voyage. This word is vsed. anno 27. Hen. 6. cap. 3.

Haerede deliberando alii qui ha∣bet custodiam terrae, is a writ directed to the Shyreeue, willing him to commande one hauing the body of him, that is ward to another, to deliuer him to him, whose ward he is by reason of his land. Register. originall. fol. 161. b.

Haerede abducto, is a writ that lyeth for the lord, who hauing the wardship of his tenent vn∣der age by right, cannot come by his body, for that he is con∣ueyed away by another. old. nat. br. fol. 93. See Ravishment de Gard, and Haerede rapto, in Regist. orig. fol. 163.

Haeretico comburendo, is a writ that lyeth against him, that is an heretike. viz. that hauing beene once conuinced of herisy by his Bishop, and hauing abiured it, afterward falleth into it againe, or into some other, and is there∣vpon committed to the secular power. Fitzh. nat. br. fol. 269.

Haga, is vsed as a kinde of la∣tine word for a house. I finde in an auncient booke sometime be∣longing to the abbey of Saint Augustines in Canterbury, that king Stephen sent his writ to the Shyreeue and Iustices of Kent, in this maner. Stephanus Rex An∣glorum vicecomiti & Iusticiariis de Kent salutem. praecipio quòd faciatis habere ecclesiae sancti Augustini & monachis hagam suam quam Gos∣ceoldus eis dedit, it a bene & in pace & iustè & quietè & liberè, sicut eam eis dedit in morte sua coram legali∣bus testibus, &c.

Hagbut, See Haque and Ha∣quebut.

Haye boote, seemeth to be compounded (Haye. i. Sepes) and (Bote. i. compensatio) The former is french, and the second is Saxon. And although it doe fall out sometime, that our words be so compounded: yet is it rare. wherefore it may be thought peraduenture to come as well from (Hag) and (boote) which be bothe saxon words. It is vsed in our common lawe for a per∣mission to take thorns and freeth to make or repaire hedges.

Halfe haque, See Haque.

Half merk (dimidia merka) see∣meth to signifie a noble. Fitzh: nat: br: fol: 5. where he saith that in case a writ of right be brought and the seisin of the Demaun∣dant, or his auncester alleaged, the seisin is not traversable by

the Defendant, but he may tender or proferre the halfe merke for the inquirie of this seisin, which is as much to say in plainer termes, that the De∣fendant shall not be admitted to deny, that the Demandant or his auncester, was seised of the land in question, and to proue his deniall: but that hee shal be admitted to tender halfe a merke in money, to haue an in∣quirie made, whether the De∣mandant, &c. were so seised or not. And in this signification I reade the same words in the old English natura breuium, fol. 26. b. viz. Know ye, that in a writ of right of Advouzen brought by the king, the defendant shall not proferre the halfe merke, ne iudgement finall shall be gi∣uen against the king, &c. Wher∣of Fitz. vbi supra. M. giueth the reason, because in the kings case, the defendant shall bee permitted to trauerse the sei∣sin by licence obtained of the Kings Sergeant. To this effect see Fitz. nat. br. fol. 31. C. D. E.

Halfe seale, is vsed in the Chauncerie for the sealing of Commissions vnto Delegates, ap∣pointed vpon any appeale in ec∣clesiasticall or marine causes, an. 8. Elizab. cap. 5.

Halfe tongue. See Medietas lin∣guae.

Halymote, aliâs, Healgemot, is a Court Baron. Manwood parte prim. of his Forest lawes. pag. 111. and the etymologie is the meeting of the tenents of one hall or maner. M. Gwins preface to his reading, which for the esteeme thereof, is by copies spred into many mens hands.

Hallage, is a see due for cloths brought for sale to Blackwell hal in London. Coke vol. 6. fol. 62. b.

Hamlet (Hameletum) is a di∣minutiue of (Ham) which signi∣fieth habitationem. Camden. Brit. pag. 149. & 354. The French (hameau. i. viculus) is also nere vnto it. Kitchin hath Hamel in the same sence. fol. 215. who also vseth hampsel for an ould house or cotage decayed. fol. 103. Hamlet (as Stowe vseth it in Ed. 3.) seemeth to be the seate of a Free holder. For there he saith, that the said king bestowed two maners and nine hamlets of land vpon the mo∣nasterie of Westminster, for the keeping of yearely obits for his wife Queene Eleanor deceased.

Hameling of dogges, or ham∣bling of dogges, is all one with the expeditating of dogges. Manwood parte prim. of his Fo∣rest lawes. pag. 212. & parte 2. cap. 16. num. 5. where he saith, that this is the auncient terme that Foristers vsed for that mater, whence this word might

be drawne, I dare not resolue: but it is not improbable, that hameling is quasi, hamhal∣ding, that is, keeping at home, which is done by paring their feete so, as they cannot take any great delight in running a∣broade. See Expeditate.

Hampsell. See Hamlet.

Hamscken, see Homesoken. M. Skene de verb: significa: writeth it Haimsuken, and deriueth it from (Haim) a German word, signifi∣ing a house or dwelling, and (Suchen) that is to seeke, search, or persiew. It is vsed in Scotland for the crime of him, that vio∣lently, and contrary to the kings peace, assaulteth a man in his owne house: which (as he saith) is punishable equally with ra∣uishing of a woman. significat quietantiam miser••••rdiae intratio∣nis in alienam domum vi & iniustè. Fleta. lib. pri. cap. 47. See Home∣soken.

Hand in and Hand out. anno 17. Ed. 4. cap. 2. is the name of an vnlawful game.

Hand full, is foure inches by the standard. anno 33. H. 8. cap.

Hankwit alias (Hangwit) or (Hengwit) commeth of the Sax∣on words (Hangen. i. pendêre) and (wit) whereof reade in Gult∣wit: Rastall in the title, Expositi∣on of words faith, it is a liberty graunted vnto a man, wherby he is quit of a felon or theese hanged without iudgement, or escaped out of custodie. I reade it interpreted, mulcta pro homine iniustè suspenso. Or whether it may be a libertie, whereby a Lord chalengeth the forfeiture due for him, that fordoeth him∣selfe within his fee or not, let the Reader consider. See Blood∣wit.

Hanper, (haneperium) haueper of the Chauncerie. anno 10. R. 2. cap. prim. seemeth to signifie as fiseus originally doth in Latine. See Clerke of the Hanaper.

Hanse, (as Ortelius in the In∣dex of his Additament to his Theater, verb. Ansiatici. saith,) is an old Gothish word. Where he sheweth not the interpretati∣on. It signifieth a certaine so∣cietie of Merchants, combined together for the good vsage and safe passage of merchandies from kingdome to kingdome. This societie was, and (in part) yet is, endued with many large priuiledges of princes, respe∣ctiuely within their territories. It had foure principall seates, or staples: where the Almaine or Dutch Merchants being the e∣rectours of this societie, had an especiall house, one of which was here in London, called Gild∣halda Teutonicorum, or in our common language, the Steelyard. Of this you may reade more in

the place of Ortelius aboue men∣tioned.

Happe, commeth of the french (Happer. i. rapio, cum quadam velo∣citate capio) and the french see∣meth to come from the greeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. It signifieth in our com∣mon lawe the same thing: as to happe the possession of a deede poll. Litleton. fol. 8.

Haque, is a handgunne of a∣bout three quarters of a yard long, anno. 33. H. 8. ca. 6. & a. 2. et. 3. Ed. 6. ca. 14. There is also the halfe haque or demy hake. See Haquebut.

Haquebut, is that peece of ar∣tilery or gunne, which we other∣wise call an harquebuse, being both french words. anno. 2. & 3. Ed. 6. ca. 14. & anno 4. & 5. Ph. & Ma. ca. 2.

Hariot, aliâs, Heriot (heriotum) is the saxon (heregeat) a litle al∣tered, which is drawn from (here. i. exercitus) and a (heriot) in our Saxons time signified a tri∣bute giuen to the lord for his better preparation toward war. Lamb. in his expl. of Saxon words. verbo. hereotum. The name is still reteined, but the vse altered: for whereas, by M. Lamb. opinion vbi supra, it did signifie so much as Releife doth now with vs: now it is taken for the best cha••ell that a tenent hath at the houre of his death, due vnto the lord by custome, be it horse, oxe, kettle, or any such like. M. Kitchin distinguisheth betweene heriot seruice and heriot custom. fol. 133. & 134. for in∣terpretation whereof, you shall finde these words in Brooke. titulo hariot. nu. 5. Hariot after the death of the tenent for life, is hariot custome. For hariot ser∣vice is after the death of tenent in fee-simple. The new Expoun∣der of the lawe termes saith, that hariot seruice (in some mans opinion) is often expressed in a mans graunt or deed, that hee holdeth by such seruice to pay hariot at the time of his death, that holdeth in fee simple. Hariot custome is, where hariots haue bin payed time out of mind by cu∣stome. And this may be after the death of the tenent for life. See Plowden. fol. 95. b. 69. a. b. Braston saith, that heriotum, est quasi Releuium. lib. 2. cap. 36. See Reliefe. But Britton. cap. 69. saith, that heriot is a reward made by the death of a tenent, to any Lorde, of the best beaste found in the possession of the tenent deceased, or of some o∣ther according to the ordinance or assignement of the party de∣ceased, to the vse of his Lord, which reward toucheth not the Lord at all, nor the heire, nor his inheritance, neither hath any comparison to be Releife: for it proceedeth rather of grace or

goodwill then of right, and ra∣ther from villeins then free men. See Dyer, fol. 199. nu. 58. to the same effect. This in Scotland is called Herrezelda. compounded of herr. i. dominus, herus. and zeild.. i. gift. Skene de verbo. signif. verbo Herrezelda.

Hart, is a stagge of 5. yeares old compleate. Manwood parte 2. of his forest lawes. cap. 4. nu. 5. which he hath out of Budaeus de philologia. li. 2. And if the King or Queene doe hunt him, and he e∣scape away aliue, then afterward he is called a Hart royall. And if the beast by the Kings or Queenes hunting be chased out of the forest and so escape: pro∣clamation is commonly made in the places there about, that in regard of the pastime, that the beast hath shewed to the King or Queene, noneshall hurt him, or hinder him from returning to the forest; and then is he a Hart royall proclaimed. Idem. eo∣dem.

Hauberk, commeth of the French (Haubert. i. lorica) where∣vpon he that holdeth land in France by finding a coate or shirt of mayle, and to be readie with it, when he shall be called, is said to haue Hauberticum feu∣dum. whereof Hotoman writeth thus: Hauberticum feudum gallicâ linguâ vulgò dicitur pro (lorica∣tum). i. datum vasallo ca conditi∣one, vt ad edictum loricatus siue cataphractus praesto sit. Nam vt lo∣rica latinis propriè & minus vsitatè est tegmen de loro factum, quo maio∣res in bello vtebantur, quemadmo∣dum Seruius Honoratus scribit in li∣bro Aeneidū 11 frequentissimè au∣tem pro aenea armatura in tegrav∣surpatur. sic apud Gallos Haubert propriè loricam annulis contextam significat, quam vulgus Cotte de maille appellat. Haec Hot. in verbis feudal. verbo Hauberticum feu∣dum. Hauberk with our awnce∣sters seemeth to signifie, as in France, a shirt or coate of mayle and so it seemeth to be vsed, an∣no 13. Ed. pri. stat. 3. ca. 6. Though in these daies the word is other∣wise written as (Halbert) and signifieth a weapon well enough knowne.

Haward aliâs Hayward, sec∣meth to be componnded of two french word (Hay. i. sepes) & Garde.. i. custodia) It signifieth with vs, one that keepeth the common heard of the towne: & the reason may be, because one part of his office is to looke that they neither breake nor croppe the hedges of inclosed grounds. It may likewise come from the german (herd. i. armen∣tū & (bewarren. i. custodire). He is a sworne officer in the Lords court: and the forme of his oath you may see in Kitchin. fol. 46.

Hawkers, be certaine deceit∣full felowes, that goe from place to place, buying & selling, brasse, pewter, and other merchandise, that ought to be vttered in open market. The appellation see∣meeth to growe from their vn∣certaine wandering, like those that with hawkes seeke their game, where they can finde it. You finde the word. anno. 25. H. 8. ca. 6. & anno 33. eiusdem. cap. quarto.

Headborow, is compounded of two words: (Heofod. i. caput) and (Bor-he. i. pignus) It signifieth him, that is chiefe of the franck∣pledg: and him that had the principall gouernment of them within his owne pledge. And as he was called Headborowe, so was he also called Borowhead, Burshol∣der, Thirdborow, Tithing man, Chiefe pledge, or Borowelder, ac∣cording to the diuersitie of speach in diuers places. Of this see M. Lamberd in his explicati∣on of Saxon words. verbo Centu∣ria. and in his treatise of Consta∣bles. and Smith de Repub. Anglo. lib. 2. cap. 22. It nowe signifieth Constable. See Constable.

Healfang, is compounded of two Saxon words (Hals. i. collū) and (fang. i. capere, captivare). See Pylorie.

Heire (Haeres) though, for the word, it be borowed of the la∣tine; yet, it hath not altogether the same signification with vs, that it hath with the Civilians, for whereas they call him (haere∣dem) qui ex testamento succed〈…〉〈…〉 in vniuersum ius testatoris: the cō∣mon lawyers call him heire, that succeedeth by right of blood, in any mans lands or tenenients in fee, for there is nothing passeth with vs iure haereditatis, but onely fee. Moueables, or cha∣tels immoueable, are giuen by testament, to whom the testator listeth, or else are at the dispo∣sition of the Ordinarie, to be distributed as he in conscience thinketh meete, Glossa in Provin∣ciali constitut. Ita quorundam. De testamentis. verbo. Ab intestato. And whether a man enioy moueable goods and chatels, by will or the discretion of the Or∣dinarie, he is not with vs called an heire: but onely he that suc∣ceedeth either by testament, or right of bloud in fee. Cassanaeus in consuetud. Burg. pag. 909. hath a distinction of haeres, which in some sort well accordeth with our lawe: For he saith, there is haeres sanguinis, & haereditatis. And a man may be haeres sanguinis with vs, that is, heyre apparent to his father, or other auncester: and yet may vpon displeasure, or meere will be defeated of his inheritance, or at the least, the greatest part thereof.

Heyre loome, seemeth to bee

compounded of (heire) and (loome) that is, a frame, namely to weaue in. The word by time is drawne to a more generall signification, then at the first it did beare, comprehending all implements of houshold, as namely, tables, presses, cupbords, bedsteedes, wainscots, and such like, which by the custome of some countries, hauing belon∣ged to a house certaine descents, are neuer inventaried after the decease of the owner, as chatels, but accrew to the heyre with the house it selfe. This word is twice metaphorically vsed in that diuine speech, made by that most worthy & complete noble man the Earle of Northampton, a∣gainst that hellish, vgly, and damnable treason of gunpow∣der, plotted to consume the most vertuous King that euer raigned in Europe, together with his gratious Queene, and pretious posteritie, as also the three ho∣norable estates of this renow∣ned kingdome.

Heck, is the name of an En∣gine, to take fish in the riuer of Owse by Yorke. anno 23. H. 8. cap. 18.

Heinfare, alias, hinefare, (dis∣cessiofamuli à domino) the word is compounded of (hine) a seruant, and (fare) an old English word, signifiing a passage.

Henchman, or heinsman, is a German word signifying (dome∣sticum, aut vnum de familia.) It is vsed with vs, for one that run∣neth on foote attending vpon a man of honour or worship. anno 3. Ed. 4. cap. 5. anno 24. Henric. 8. cap. 13.

Hengwite, significat quiet antiā misericordiae de latrone suspenso abs∣que consideratione. Fleta lib. prim. cap. 47. See Hankwit.

Herauld, (heraldus) is borow∣ed by vs of the French (herault) and in M. Verstegans iudgement proceedeth originally from two Dutch words (here. i. exercitus) and (healt. i. pugil magnanimus,) as if he should be called (the Champion of the armie) hauing by especiall office to chalenge vnto battell or combate. With vs it signifieth an officer at armes, whose function is to denounce warre, to proclaime peace, or o∣therwise to be employed by the King in martiall messages or o∣ther businesse. The Romaines cal∣led them plurally (Feciales.) M. Stow in his Annals deriueth them from heroes. pag. 12. which hee hath from other that writ of that subiect, whose coniecture I leaue to the reader. Their office with vs, is described by Polydore. lib. 19. in this sort: speaking of the knights of the Garter, hee saith: habent insuper Apparitores ministros, quos heraldos dicunt: quo∣rum praefectus armorum Rex voci∣tatur:

hy belli & pacis nuncii. Du∣cibus, Comitibus{que} à Rege factis in∣signia aptant, ac eorum funera cu∣rant. He might haue added far∣der, that they be the Iudges and examiners of gentlemens armes, that they marshall all the solem∣nities at the coronations of prin∣ces, manage combats, and such like. There is also one and the same vse of them with vs, and with the French nation, whence we haue their name. And what their office is with them, see Lupanus lib. prim. de Magist. Francorum, ca. Heraldi. There be diuers of them with vs: whereof three being the chiefe, are called Kings at armes. And of them Garter is the principall, institu∣ted and created by Henry the fifth. Stowes annals. pag. 584. whose office is to attend the knights of the Garter at their so∣lemnities, and to marshall the solemnities of the funerals of all the greater nobility, as of Prin∣ces, Dukes, Marquises, Earles, Vicounts, and Barons, yet I finde in Plowden, casu Reniger, & Fo∣gassa, that Ed. the fourth graun∣ted the office of the king of He∣ralds, to one Garter cum feudis & proficuis ab antiquo, &c. fol. 12. b. The next is Clarentius, ordained by Edward the fourth. for he at∣taining the Dukedome of Clarence by the death of George his bro∣ther, whom he beheaded for aspiring to the crowne, made the Herald, which properly be∣longed to the Duke of Clarence, a King at armes, and called him Clarentius. His proper office is, to marshall and dispose the fu∣nerals of all the lesser nobility, as knights, and Esquires, through the Realme of the south side of Trent. The third is Norroy, or Northroy, whose office is the same on the north side of Trent, that Clarentius hath on this side, as may well appeare by his name, signifiing the northern king, or king of the north parts. Beside these, there be sixe other properly called Heralds accord∣ing to their originall, as they were created to attend Dukes, &c. in marshall executions. viz. York, Lancaster, Somerset, Richemond, Chester, Windlesour. Lastly there be foure other called marshals or pourswivants at armes, recko∣ned after a sort, in the number of Heralds, and doe commonly suc∣ceede in the place of the Heralds as they dye, or be preferred: and those be Blew Mantle, Rouge∣crosse, Rougedragon, and Percull••••. The (feciales) among the Ro∣mans were priests, Nam N〈…〉〈…〉 Pompilius diuini cultus inst〈…〉〈…〉∣nem in octo partes diuisit, & ita iti∣am sacerdotum octo ordines constun∣it, &c. Septimā partem sacrae consti∣tutionis collegio corum adiccit, 〈◊〉〈◊〉 Feciales vocantur. Erant autem ex

optimis domibus viri electi, per om∣ne ipsi vitae tempus sacrati, quorum partes in eo versabantur, vt fidei publicae inter populos praeessent: ne{que} iustum aliquod bellum fore cense∣batur: nisi id per Feciales esset indi∣ctum. Qui vt Festus ait, a faciendo, quòd belli pacisque faciendae apud cos ius esset, Feciales dicti sunt. Co∣rasius miscel. iuris ciui. li. 1. ca. 10. 〈◊〉〈◊〉. 12.

Herbage (herbagium) is a french word, and signifieth in our com∣mon lawe, the fruit of the earth prouided by nature for the bitte or mouth of the catell. But it is most commonly vsed for a li∣berty that a man hath to feede his catell in another mans ground, as in the forest, &c. Cromptons Iurisdiction. fol. 197.

Herbenger commeth of the french (Heberger) or (Esberger) (hesberger). i. hospitio excipere. It signifieth with vs, an officer of the princes court, that allotteth the noble men, and those of the household their lodgings. It sig∣nifieth also in Kitchin, an Inkeep∣er. fol. 176.

Hereditaments (hereditamenta) seeme to signifie all such things immoueable, be they corporeall or incorporeall, as a man may haue to himselfe and his heires, by way of inheritance. v. anno 32. H. 8. ca. 2. or not being o∣therwise bequeathed, doe natu∣rally and of course descend to him which is our next heire of blood, and fall not within the compas of an executour, or ad∣ministratour, as chatels doe.

Heriot. See Hariot.

Hide of land (Hida terrae) Sax∣onicè (Hidelandes) is a certaine measure or quantitie of land, by some mens opinion, that may be plowed with one plowe in a yeare: as the author of the newe Termes saith, verbo Hidage. by other men, it is an hundred a∣cres. By Beda (who calleth it fa∣miliā) it is as much as will main∣taine a familie. Crompton in his Iu∣risdict. fol. 220. saith, that it consi∣steth of an hundred acres: euery acre in length 40. perches, and in breadth 4. perches, everie perch 16. foote and a halfe. and againe, fol. 222. A hide of land conteineth an hundred acres, & 8. hides or 800. acres, conteine a knights fee. Of this reade more in M. Lamberds Explica: of Saxon wordes, verbo Hyda terrae. See Carue.

Hide and gaine. old. nat. br. fol. 71. Coke. lib. 4. Tirringhams case. signifieth carable land. See Gai∣nage.

Hidage (Hidagium) is an extra∣ordinarie taxe, to be paide for euery hide of land, Bracton li. 2. c. 6. writeth thus of it: Sunt etiam quaedam communes praestationes, quae seruitia non dicuntur, nec de consue∣tudine veniunt, nisi cum necessitas in∣tervenerit,

vel cum Rex venerit: sicut sunt Hidagia, Coragia, & Car∣vagia: & alia plura de necessitate & ex consensu communi totius Reg∣ni introducta, & quae ad Dominum feudi non pertinent, &c. of this reade the new expounder of lawe termes, who saith that hi∣dage is to be quit, if the king shall taxe all the lands by hides, and yet also graunteth it to be the taxe it selfe, saying that it was wont to be an vsuall kind of taxing as well for proui∣sion of armour, as payments of money.

Hinefare. See Heinfare.

Hidel. i. H. 7. ca. 6. seeemeth to signifie a place of protection, as a Sanctuarie.

Hierlome, See Heirlome.

Hine, seemeth to be vsed for a Seruant at husbandrie and the master hine a seruant that o∣uerseeth the rest. anno. 12. R. 2. ca. quarto.

Hoblers (Hobellarii) are cer∣taine men, that by their tenure are tyed to maintaine a little light nagge, for the certifiing of any inuasion made by enemies, or such like perill toward the Sea side, as Porchmouth, &c. of these you shall reade. anno 18. Ed. 3. stat. 2. cap. 7. & anno 25. eiusdem. stat. 5. ca. 8.

Hoghenhine, is he that com∣meth guestwise to a house, and lieth there the third night. After which time he is accounted of his familie in whose house he li∣eth: and if he offend the kings peace, his host must be answera∣ble for him. Bracton lib. 3. tract. 2. cap. 10. In the lawes of King Edward set forth by M. Lam∣berd, he is called agenhine. wheare you may reade more of this mater.

Hithe (Hitha) is a petit hauen to land wares out of vessels or boates. new booke of Entrise. fol. 3. colum. 3.

Hoggeshead, is a measure of wine or oyle containing the fourth parte of a tunne. that is 63. gallons. anno. i. R. 3. ca. 13.

Hoistings. See Hustings.

Homage (Homagium) is a french word, signifiing (fidem cli∣entularem.) for in the originall grants of land and tenements by way of fee, the lord did not onely tie his tenents or feed men to certaine seruices: but also tooke a submission with promis and oathe, to be true and loyall to him, as there lord & benefact∣our. This submission was and is called homage: the forme wher∣of you haue in the second statute anni. 17. Ed: 2. in these words: when a free man shall doe ho∣mage to his Lord, of whome he holdeth in chiefe: he shall hold his hands together betweene the hands of his lord, and shall

say thus: I become your man from this day forthe for life, for member, & for wordly honour, and shall owe you my faith for the land I hold of you: sauing the faith, that I doe owe vnto our Soueraigne Lord the king, and to mine other Lords. And in this maner the Lord of the fee, for which homage is due, taketh ho∣mage of euery tenent, as he com∣meth to the land or fee. Glan∣vile. lib. 9. ca. 1. except they be women, who performe not ho∣mage but by their husbands, (yet see Fitzherbert. that saith the contrary in his natura br. fol. 157. F.) Reade Glanuile more at large in the said first chapter, with the second, third & fourth; The reason of this M. Skene gi∣ueth de verbo. significatione, verbo Homagium. viz. because Homage especially concerneth seruice in warre. He saith also, that conse∣crated Bishops, doe no homage, but onely fidelitie: the reason may be all one. And yet I find in the Register. orig. fol. 296. a. that a woman taking liuerie of lands holden by knights seruice, must doe homage, but not being ioyntly infeoffed, for then shee doth only fealtie. And see Glan∣uile in the ende of the first chap∣ter of his nineth booke touching Bishops consecrated, whome he denieth to performe homage to the king for their Baronie, but onely fealty. Fulbeck reconei∣leth this, fol. 20. a. in these words. By our lawe a religious man may doe homage, but may not say to his Lord. Egodevenio homo vester, because he hath professed him∣selfe to be onely Gods man, but he may say, I doe vnto you ho∣mage, and to you shall be faith∣full & loyall. See of this Britton. cap. 68. Homage, is either new with the fee, or auncestrell: that is, wheare a man and his aun∣cesters, time out of minde, haue held their lands by homage to their Lord, whereby the Lord is tied to warrant the land vnto his tenent. newe Termes of the lawe. This homage is vsed in o∣ther countries as well as ours, & was wont to be called Homini∣um. See Hotom. de verbis feudali∣bus, verbo. Homo. Skene diuideth it into liegium & non liegium. de verb. signifi. verbo Homage. for the which see Leige, and Hoto∣man, disputatione de feudis tertia. Homage is sometime vsed for the Iurie in the Courte Baron, Smith de Repub. Anglo. lib. 2. cap. 27. The reason is, because it consisteth most commonly of such, as owe homage vnto the Lord of the fee. And these of the Feudists are called pares curiae, si∣ve ourtis, siue domus, sic dicuntur e∣nim conuassalli siue compares, qui ab eodem patrono feudum receperunt, vel qui in eodom territorio feudum

habent. Hotoman. Of this homage you may read in the 29. c. of the Grand Custumarie of Normandie, where you shall vnderstand of o∣ther sorts of homage vsed by them, & straunge vnto vs. where∣unto ioyne Hotoman. disputat. de feudis, in diuers places & name∣ly columna 860. C. hiis verbis. De∣inceps de nota hominii & feudalitiae subiectionis videamus. Omnium quidem video esse commune, vt dex∣teras tanquam in foederibus iun∣gerent: plerum{que} etiam vt dexte∣ris aversis, osculum praeberent, in∣terdum, vt ambas manus iunctas patrono contrectandas praeberent: supplicum & dedititiorum nomine, qui velatas manus porrigebant. and pag. 861. hiis verbis. Multis Galliae at{que} etiam Angliae moribus constitutum est (Quod ex Anglico Litletonio intelleximus) vt hominium seruili & supplici veneratione, ac plane tanquam a dedititiis praestetur. Nam vasallus discinctus, nudo capi∣te, ad pedet sedentis patroni proie∣ctus, ambas manus iunctas porrigit: quas dum Dominus suis manibus amplectitur, haec verba pronunciat. Here, venio in tuum hominium & fidem, & homo tuus fio ore & mani∣bus; tibi{que} iuro ac spondeo fidelem me tibi futurum eorum feudorum no∣mine, quae tuo beneficio accepi, &c. Whereunto you may adde him, colum. 819. G. 822. F. & 857. B. & D. & F. Of homage in Scotland, reade M. Skene, de verb. signif. verbo Homagium. to whome you may also ioyne a plentifull dis∣course in speculo Durandi. com∣monly called (speculator) among the Civilians, titulo De Feudis.

Homagio respectuando, is a writ to the Escheatour commaund∣ing him to deliuer seisin of lands to the heire, that is at full age, notwithstanding his homage not done, which ought to be performed before the heire haue liuerie of his lands, except there fall out some reasonable cause to hinder it. Fitzh. nat. br. fol. 269.

Homine eligendo ad custodien∣dam peciam sigillipro Mereato∣ribus aediti, is a writ directed to a corporation, for the choice of a new man to keepe the one part of the seale, appointed for sta∣tutes Merchant, when the other is dead, according to the statute of Acton Burnel. Register. orig. fol. 178. a.

Homine replegiando, is a writ for the bayle of a man out of pri∣son: which, in what cases it lyeth, and what not, See Fitz. nat. br. fol. 66. See also the Register orig. fol. 77. See the new booke of Entries. verb. Homine replegi∣ando.

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 countie, so that he or shee can∣not

be repleuied according to lawe. Register orig. fol. 79. a. See Withernam.

Homicide (homicidium) is the slaying of a man: and it is diui∣ded into voluntarie, or casuall: homicide voluntarie is that, which is deliberated, and com∣mitted of a set mind, and pur∣pose to kill: homicide volūtary, is either with precedent malice, or without. The former is mur∣der, and is the felonious killing through malice prepensed of any person liuing in this realme vnder the Kings protection. West. part. 2. simbol: tit. Inditment. sect: 37. &c. vsque ad 51. where you may see diuers subdiuisions of this mater. See also Glanuile. lib 14. cap: 3. Bract. l: 3. tra: 2. c. 4. 15. & 17. Brit. c. 5. 6. 7. See Muder. Mans slaughter & Chaūce medley.

Homesoken, aliâs Hamsoken (Hamsoca) is compounded of (Ham. i. habitatio) and (Soken. i. quaerere). It is by Bracton. lib. 3. tract: 2. c: 23. thus defined. Home∣soken dicitur inuasio domus contra pacem Domini Regis. It appeareth by Rastall in the title. Expositiō of of words: that in auntient times some men had an immunitie to doe this: for he defineth Home∣soken to be an immunitie from amercements for entring into houses violently, and without licence. which thing seemeth so vnreasonable, that me thin∣keth he should be deceiued in that his exposition. I would ra∣ther thinke it should be a liber∣tie, or power graunted by the king to some common person, for the cognisance or punish∣ment of such a trangression. for so I haue seene it interpreted in an old note that I haue giuen me by a freind, which he had of an expert man toward the Ex∣chequer, but of what authoritie I know not. See Hamsoken.

Hondhabend, is compounded of two Saxon words (Hond. i. hand, and habend. i. hauing) and signifieth a circumstance of ma∣nifest theft, when one is depre∣hended with the thing stollen in his hand. Bracton. lib. 3. tract. 2. ca. 31. & 54. who also vse the (handberend) for the same, eodem cap. 8.

Honour (honor) is, beside the generall signification, vsed speci∣ally for the more noble sort of seigneuries: whereof other infe∣riour Lordships, or maners doe depend by performance of cu∣stomes and seruices, some or o∣ther, to those that are Lords of them. And I haue reason to think that none are honours originally, but such as are belonging to the King. How be it they may after∣ward be bestowed in fee vpon o∣ther nobles. The maner of crea∣ting these honours may in part be gathered out of the statutes

anno 31. H. 8. cap. 5. where Hampton court is made an ho∣nour. and anno 33. eiusdem. cap. 37. & 38. whereby Amptill and Grafton be likewise made ho∣nours. and anno 37. eiusdem ca. 18. whereby the King hath pow∣er giuen by his leters patents, to erect foure seuerall honours. Of Westminster, of Kingston vpon Hull, Saint Osithes in Essex, and Dodington in Berkshire. This word is also vsed in the selfe same sig∣nification in other nations. See ca. licet causam. extra de probatio∣nibus. and Minsinger vpon it. nu. 4. In reading I haue obserued thus many honours in England: The honour of Aquila. Camden. Britan. pag. 231. of Clare. pag. 351. of Lancaster. pag. 581. of Tickhill. pag. 531. of Wallingford, Notingham, Boloine. Magna char∣ta. cap: 31. of West Greenewish, Camd: pag. 239. of Bedford. pu∣pil. oculi. parte. 5. cap. 22. of Bar∣himsted. Brooke, titulo Tenure. nu. 16. of Hwittam. Camd pag. 333. of Plimpton. Cromptons Iurisd. fol. 115. of Creuecure, and Hagenet Febert. anno 32. H. 8. cap. 48. of East Greenewish. of Windsour in Berk shire, and of Bealew in Essex. anno 37. H. 8. ca. 18. of Peverell in the county of Lincolne. Regi∣ster orig. fol. 1.

Horngeld, is compounded of Horn and Gildan or Gelder. i. Sol∣uere. It signifieth a taxe within the forest to be paid for horned beasts. Cromptons Iurisd. fol. 197. And to be free thereof, is a pri∣uiledge graunted by the king vnto such as he think eth good. Idem, ibidem. and Rastall in his exposition of words.

Hors de sonfee, is an excepti∣on to auoide an action brought for rent, issuing out of certaine land by him that pretendeth to be the Lord, or for some cu∣stomes and seruices. for if he can iustifie that the land is without the compas of his fee, the action falleth. v. Brooke. hoc titulo.

Hospitallers (Hospitalarii) were certaine knights of an order, so called, because they had the care of hospitals, wherein Pilgrims were receiued to these Pope Cle∣ment the fift transferred the Tem∣plers, which order, by a councell held at Vienna in Fraunce, he sup∣pressed for their many and great offences, as he pretended. These Hospitallers be now the knights of Saint Iohn of Malta. Cassan: gloria mundi. parte. 9. considerat. 5. This constitution was also obey∣ed in Ed. the 2. time here in En∣gland, and confirmed by Parla∣ment. Tho. Walsing ham. in histori∣a Ed. 2. Stawes annals. ibidem. These are mentioned anno 13. Ed. 1. ca. 43. & anno 9. H. 3. ca. 37.

Hostelers (Hostellarius) com∣meth of the french (Hosteler. i. Hospes) and signifieth with vs, those that otherwise we call In∣keepers, an. 9. Ed. 3. stat. 2. c. 11.

Hotchepot (in partem positio) is a word that commeth out of the lowecountries, where (Huts∣pot) signifieth flesh cut into pretie peeces, and sodden with herbs or roots, not vnlike that which the Romans called farraginem. Festus. Litleton saith that literally it signifieth a pudding mixed of diuers ingredients: but me∣taphorically a commxtion or putting together of lands, for the equall diuision of them be∣ing so put together. Examples you haue diuers in him. fo. 55. and see Briton, fol: 119. There is in the Ciuile law collatio bonorum answerable vnto it, whereby if a child aduaunced by the father in his life time, doe after his fa∣ther decease, chalenge a childs part with the rest, he must cast in all that formerly he had receiu∣ed, and then take out an equall share with the others. De colla∣tio: bonorum. Π. lib: 37. titulo. 6.

Housebote, is compounded of House, and Bote. i. compensatio. It signifieth estovers out of the Lords wo••de to vphould a te∣nement or house.

Houserobbing, is the robbing of a man in some part of his house, or his booth, or tēt in any faire or market, and the owner, or his wife, children, or seruants, being within the same. for this is felonie by anno. 23. H: 8. cap. i. and. anno. 3. Ed. 6. cap 9. yea, now it is felonie thoughe none be within the house. anno. 39. Eliz: ca. 15. See Burglarie. see West. part. 2. sym. tit. Inditemēts, sect: 67.

Hudegeld, significat quiet antiam transgressionis illatae in seruum transgredientem. Fleta lib. i. ca: 47. Quare whether it should not be Hindegeld.

Hue, and Crie (Hutesium & Clamor) come of 2. french words: (Huier) and (Crier) both signifiing to shoute or cry a loude. M. Manwood, parte. 2. of his forest lawes. ca: 19. nu. 11. saith, that Hew is latine, meaning belike the Interiection: but vnder reformation, I think he is decei∣ued; this signifieth a pursuite of one hauing committed felonie by the high way, for if the party robbed, or any in the companie of one murdered or robbed, come to the Constable of the next towne, and will him to raise Hiew and Crie, or to make pur∣suite after the offēdour, describ∣ing the partie, and shewing as neere as he can, which way he is gone: the Constable ought forth∣with to call vpon the parishe for aide in seeking the felon: and if he be not found theare, then to giue the next Constable

warning, and he the next, vntill the offender be apprehended, or at the least, vntill he be thus persued to the sea side. Of this reade Bracton. lib: 3. tracta: 2. ca. 5. Smith de Repub: Anglo: lib: 2. cap: 20. and the statute anno. 13. Ed. 1. statute of Winchest. c. 3. &. a. 28. Ed: 3. c: 11. & anno. 27. El: c: 13. The Normans had such a per∣suite with a Crie after offenders as this is, which they called Ha∣ro: whereof you may reade the Grand Custumarie, cap. 54. Some call it Harol: the reason where∣of they giue to be this, that there was a Duke of Normandy called Rol, a man of great iustice and seruerity against grieuous offen∣ders: and that thereupon when they follow any in this persuite, they crie Ha-Rol, as if they should say, Ah Rol where art thou that wert wont to redresse this, or what wouldst thou doe against these wretches, if thou now wert liuing. But in truth I thinke it commeth, from Harier. 〈◊〉〈◊〉 flagi∣tare, inquiet are, vrgere. Hue is v∣sed alone. anno 4. Ed. pri. Stat. 2. This the Scots call Huesium and M. Skene de verbo. signif. verb. Hu∣esium, saith, that it commeth of the french Oye••. i. Audite. making one etymologie of this and the crie vsed before a proclamation, The maner of their hue and cry, as he there describeth it, is that if a robberie be done, a horne is blowne, and an out crie made: after which, if the partie flie a∣way, and not yeeld himselfe to the Kings Bayliffe, he may be lawfully slaine, and hanged vp vpon the next gallowes. Of this Hue and crie, see Cromptons Iu∣stice of peace. fol. 160. b.

Huissers. See Vshers.

Hundred (Hundredum) is a part of a shire, so called originally, because it conteined ten tithings called in latine Decennas. These were first ordeined by king Al∣fred the 29. king of the West Sax∣ons. Stowes Annals pag. 105. of these thus speaketh M. Lamb. in his explica. of Saxon words. verbo, Centuria•• Aluredus rex, vbi cum Guthruno Daca foedus inierat, pru∣dentissimum illud ••lim a Ietr•••• Moysi datum secutus consilium, Angliamprimus in satrapias, Cen∣turias, & Decurias, partitus est. Sa∣trapiam, shire a shyran (quod parti•• significat) nominavit: Centuriam, Hundred: & Decuriā, Toothing siue Tienmantale. i. Decemvirale colle∣gium appellavit: at{que} iisdem nomi∣nibus vel hodie vocantur, &c. And againe afterward: Decrevit tum porro Aluredus liberae vt condicio∣nis quis{que} in Centuriam ascriberi∣tur aliquam, at{que} in Decemviralt aliquod coniiceretur collegium. De minoribus negotiis Decurionet vt tudicarent: ac si••quae esset re•• diffici∣lior, ad Centuriam deferrent: diffi••il∣limas deni{que} & maximi mo••••enti

lites, Senator & praepositus in fre∣quenti illo ex omni satrapia conven∣tu componerent. Modus autem iudi∣candi quis fuerit, Ethelredus Rex, legum, quas frequenti apud Vana∣tingum senatu sancivit, capite 4. hiis fere verbis exponit. In singulis centuriis comitia sunto, at{que} liberae condicionis viri duodeni, aetate supe∣riores, vnà cum praeposito, sacra te∣nentes iur anto, se adeo virum ali∣quem innocent em haud damnaturos sortemve absoluturos. This forme of diuiding counties into Hun∣dreds for beter gouernment, howsoeuer it is attributed to King Alfred here with vs: yet he had it from Germanie, whence he and his came hither. For there centa or centena is a iu∣risdiction ouer a hundred townes, and conteineth the pu∣nishment of capitall crimes. Andraeas Kitchin. in his tractate, de sublimi & regio territorii iure. ca. 4. pa. 123. where he also shew∣eth out of Tacitus, de situ & moribus Germa. that this diuiui∣sion was vsuall amongst the Germans before his daies. By this you vnderstand the original and old vse of Hundreds, which hold still in name, and remaine in some sort of combination, for their seuerall seruices in diuers respects, but their iurisdiction is abolished, and growne to the countie court, some few excep∣ted, which haue beene by pri∣uiledge annexed to the crowne, or graunted vnto some great subiect, and so remaine still in the nature of a Fraunchise. And this hath beene euer sithence the stat. anno 14. Ed. 3. stat. 1. ca. 9. whereby these Hundred courts formerly fermed out by the Shyreeue to other men, were re∣duced all, or the most part, to to the countie court, and so haue and doe remaine at this present. So that where you read now of any hundred courts, you must know, that they be seuerall fraunchises, wherein the Shy∣reeue hath not to deale by his ordinarie authoritie, except they of the Hundred refuse to doe their office. See West. parte. 1. sym∣bol. lib. 2. sect. 288. See. Turn. The newe expounder of lawe termes saith, that the latine Hundredum is sometime vsed for an immu∣nitie or priviledge, whereby a man is quit of mony or customes due to the gouernours, or Hun∣dreders.

Hundreders (Hundredarii) be men empaneled or fit to be empaneled of a Iurie vpon any controversie, dwelling within the Hundred where the land li∣eth, which is in question, Cromp∣tons Iurisdict. fol. 217. & anno 35. Henrici 8. cap. 6. It signifieth also him that hath the Iurisdiction of a hundred, and holdeth the hundred court. anno. 13. Ed. pri.

ca. 38. anno. 9. Ed. 2. stat. 2. & anno 2. Ed. 3. ca. 4. and sometime is v∣sed for the Bayliffe of an hun∣dred. Hornin his mirrour of Iustices, li. 1. ca del office del coroner.

Hundredlaghe, signifieth the Hundred courte, from the which all the officers of the Kings fo∣rest were freed by the charter of Canutus. ca. 9. Manwood. parte. 1. pag. 2.

Huors, See Conders.

Huseans, commeth of the French (houseaux) i. ocrea, aboote. It is vsed in the Statute anno. 4. Ed. 4. ca. 7.

Hustings (Hustingum) may seeme to come from the French (Haulser. i. tollere, attollere, suberi∣gere) for it signifieth the princi∣pall and highest court in London. anno 11. H. 7. ca. 21. & Fitzh. nat. br. fol. 23. See anno. 9. Ed. pri. ca. v∣nico. Other Cities and townes also haue had a court of the same name, as Winchester, Lin∣colne, Yorke, and Sheppey, and o∣thers, where the Barons or Citi∣zens haue a record of such things as are determinable be∣fore them. Fleta. libro 2. cap. 55.

Husfastene, is he that holdeth house and land, Bracton lib. 3. tra∣ctat. 2. ca. 10. His words be these, Et in franco plegio esse debet omnis, qui terram tenet & domum, qui di∣cuntur Husfastene, & etiam alii qui illis deserviunt, qui dicuntur Folghe∣res, &c.

I A

IArrock: anno 1 Rt. 3. ca. 8. is a kinde of cork so called.

Identitate nominis, is a writ that lyeth for him who is vpon a Capias or Exigent, taken and committed to prison for another man of the same name: whereof see the forme and farder vse, in Fitzh. nat. br. fol. 267. see the Register originall, fol. 194.

Idiot, and he that afterward becometh of insane memory, dif∣fereth in diuers cases, Coke. fol. 154. b. lib. 4. See here following Idiota inquirenda.

Idiota inquirenda vel ex aminan∣da, is a writ that is directed to the excheatour or the Shyreeue of a∣ny county, where the king hath vnderstanding that there is an I∣diot, naturally borne so weake of vnderstanding, that he connot gouern or mannage his inheri∣tance, to call before him the par∣tysuspected of Idiocie, & examin him: And also to inquire by the oaths of twelue men, whether he be sufficiently witted to dispose of his owne lands with discre∣tion or not, and to certifie ac∣cordingly into the Chauncery: For the king hath the protection of his subiects, & by his preroga∣tiue the gouernmēt of their lands and substance, that are naturally

defectiue in their owne discreti∣on: statut. de praerogatiua Regis edi∣tum anno 17. Ed. 2. cap. 8. wher∣of read Stawnf. praerog. cap. 9. and of this writ, read Fitzh. nat. br. fol. 232. see the register orig. fol. 267.

Ietzon se Flotzon.

Ieofaile, is cōpoūded of 3. french words, I' ay faille: i. ego lapsus sum: & signifieth in our commō lawe, an ouer-sight in pleading, touch∣ing the which you haue a statute anno 32. H. 8. cap. 30. whereby it is enacted, that if the Iury haue once passed vpon the issue, though afterward there be found a Ieofaile in the pleading, yet iudgement shall likewise be gi∣uen according to the verdict of the Iury. See Brooke, tit. Rrepleder: the author of the new tearms of law saith, that a Ieofaile is when the parties to any suite, haue in pleading proceeded so farre, that they haue ioyned issue, which shalbe tried or is tried by a Iury or inquest: and this pleading or issue is so badly pleaded or ioy∣ned, that it will be errour if they proceed: then some of the said parties may by their councell shew it to the court, as well after verdict giuen and before iudge∣ment, as before the Iury be charged: the shewing of which defects before the Iury charged, was often when the Iury came into the court to trie the issue, then the councell which will shew it, shall say: this inquest you ought not to take, and if it be after verdict, then he may say: to Iudgement you ought not to goe: and because of this many delayes grew in suites, diuers sta∣tutes are made to redresse them: viz. 32. H. 8. c. 30. & others in Q. Elizabethes daies, and yet the fault litle amended.

Ignoramus, is a word properly vsed by the grand Enquest em∣paneled in the inquisition of cau∣ses criminall and publique: and writen vpon the bill, whereby any crime is offered to their cōsi∣deration, when as they mislike their euidence, as defectiue or to weake to make good the pre∣sentment. The effect of which word so written is, that all farder inquiry vpon that party for that fault, is thereby stopped, and he deliuered without farder aun∣swer. It hath a resemblance with that custome of the auncient Ro∣mans: where the Iudges, when they absolued a person accused, did wright A. vpon a litle table prouided for that purpose. i. Ab∣soluimus: if they iudged him guil∣ty, they writ C. id est. Condemna∣mus: if they found the cause diffi∣cult and doubtfull, they writ. N. L. id est. Non liquet. Asconius Pedi∣anus in oratio. pro Milone. Alex∣ander ab Alexandro. Genial. die∣rum, li. 3. ca. 14.

Ikenildstreate, is one of the four famous wayes that the Romans made in England, taking the be∣ginning ab Icenis, which were they that inhabited Northf. Southf. and Cambridg shyre, Camd. Britan. fol. 343. See Watlingstreat.

Imparlance (interlocutio vel in∣terloquela) is a petition made In court vpon the count of the De∣manndant by the tenent, or de∣claration of the plaintife, by the defendant, whereby he craueth respight, or an other day to put in his aunswer, See Brooke, titulo Continuaence: See Dies datus: Im∣parlaunce seemeth to be generall or speciall: speciall imparlaunce is with this clause saluis omnibus aduantagiis tam ad iurisdictionem curiae, quàm breue & narrationem. Kitchin: fol. 200. Then generall in reason must be that, which is made at large without inserting that or the like clause. See Emper∣launce

Impeachment of Waste, (impetitio vasti) commeth of the french (empeschement. i. impedimentum) and signifieth with vs, a restraint from committing of waste vpon lands or tenements: See Waste.

Implements, commeth of the french (emploier, i. insumere in re aliqua) it signifieth with vs, things tending to the necessarie vse of any trade or furniture of house∣hould.

Impost, is a french word signi∣fiing tribute, comming of the verb (imposer) i: iniungere, irrogare, it signifieth with vs, the taxe receiued by the prince for such merchandise, as are brought into any heauen from other nations: anno. 31. Elizabeth. cap: 5. and I thinke it may in some sort be distinguished from cu∣stoms, bicause custom is rather that profit, which the prince maketh of wares shipped out of the land: yet may they be confounded:

Improuement, See Approue.

In casu consimili. is a Writt: See casu consimili.

In casu prouiso: is a Writt: See casu prouiso.

Incident (incidens) signifieth a thing necessarily depending vpon another as more princi∣pall: for example, a court Baron is soe incident to a maner, and a court of piepowders to a faier, that they cannot be seuered by graunt: for if a maner or faire be graunted, these coutts cannot be referued. Kitchin. fol: 36.

Incroche (incrociare) Se encroch∣ments. Admirals, and their de∣puties doe incroche to them∣selues Iurisdictions, &c: anno. 15. Rich: 2. ca: 3.

Indenture (indentura) is a writing comprising some con∣tract betwene two, and being indented in the toppe aunswer∣ably to another, that likewise

conteineth the same contract: this the Latines called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which among the ciuilians, is defined to be scrip∣tura inter creditorem & debitorem indentata, in cuius sciscura literis capitalibus haec dictio 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or plurally 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 scribitur. and it differeth from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, quia hoc manu vnius tantùm, puta debitoris scribitur, & penes debito∣rem relinquitur pruinc. consttut. de offic: archidiaco: cap: pri: verbo In scriptis. vid. Gothosr: in notis ad l. 27 §. 3. Π. ad leg. Corn. de fals.

Indicauit, is a writ or prohi∣bition that lieth for a patron of a church, whose Clerk is defen∣dant in court Christian, in an acti∣on of tithes commenced by an∣other clerke, and extending to the fourth part of the church, or of the tithes belonging vnto it. for in this case, the suite be∣longeth to the kings court, by the statute Westm: 2: cap: 5. wher∣fore the patron of the defen∣dant, being like to be preiudiced in his church and aduowzen, if the plaintife obteine in the court Christian, hath this means to remoue it to the kings court; the Register originall fol. 35. b. see ould. nat: br. fol. 31. & the register fol: 35. and Britton. cap: 109. fol. ••60. A.

Indictment (Indictamentum) see indightment.

Indiuisum, is vsed in the com∣mon law, for that which two houlde in common without particiō. Kitchin. fol. 241. in these words: he houldeth pro indiuiso, &c:

Indorsment (indorsamentum, sig∣nifieth in the common law, a condition writen vpon the other side of an obligation: West: part: 2. simbol: sect: 157.

Infang, alias infeng, significat quietantiam prioris prisae ratione conuiuij, Fleta l: i. cap: 47.

Infangthef, or Hinfangthefe, or Infangtheof, is compounded of 3. Saxon words: the preposition (In) (fang or fong) to take or catch, & (thef) it signifieth a priuiledge or libertie graunted vnto Lords of certaine maners, to iudge any theeife taken within there fee. Bracton. lib. 3. tracta. 2. cap. 8. In the lawes of King Edward, set out by M. Lambard: nu. 26: you haue it thus described: In∣fangthefe, Iustitia cognoscentis latro∣nis sua est, de homine suo, si captus fuerit super terram suam: Illiverò qui non habent has consuetudines, coram insticia regia rectum faciant in Hundredis, vel in Wapentachiis, vel in Scyris: The definition of this see also in Britton: fol: 90. b. and Roger Houeden. parte poster. suorū annalium. fol. 345. b. & M. Skene de verborum significatione, verbo Infangthefe, who writeth of it at large, reciting diuersitie of opinions touching this and

outfangthefe: Fleta saith that (in∣fangtheef) for soe he writeth it, dicitur latro captus in terra ali∣cuius seisitus aliquo latrocinio de suis propriis hominibus. libro 1. cap: 47: § Infangtheefe.

Information, See Enditement: See the new termes of lawe.

Informer (informator) in french (informateur) is an officer belong∣ing to the exchequer or kings bench, that denounceth or com∣plaineth of those that offend a∣gainst any penall statute. They are otherwise called promotors, but the men being bashfull of nature, doe blush at this name: these among the Ciuilians are called delatores.

Informatus non sum, is a for∣mall aunswer or of course made by an atturney, that is commaun∣ded by the court to say what he thinketh good in the defence of his client, by the which he is deemed to leaue his client vnde∣fended, and so iudgement pas∣eth for the aduerse party. See the new booke of Entries. titulo Non sum informatus. and Iudgement 12.

Ingressu, is a writ of entrie, that is, whereby a man seeketh entry into lands or tenements; it lyeth in many diuers cases wher∣it hath as many diuersities of formes. See Entry: this writ is also called in the particular, prae∣cipe quod reddat: because those be formall words in all writs of en∣try. The writs as they lye in di∣uers cases, are these described in the old natura breu: Ingressu ad terminum qui praetertit, fol. 121. ori∣ginall Regist. sol. 227. which ly∣eth where lands or tenements are let to a man for terme of yeares, and the tenent houldeth ouer his terme: Ingressu dum non fuit compos mentis. fol. 223. origi∣nal: regist: fol. 228. which lyeth where a man selleth land or te∣nement when he is out of his wits, &c. Ingressu dum fuit infra aetatem, fol. 123. Register originall fol. 228. which lyeth where one vnder age selleth his lands, &c. Ingressu super deseisina in le quibus fol. 125. Regist. orig. fol. 229. which lyeth where a man is dis∣seised and dyeth, for his heire a∣gainst the disseisour. Ingressu in per fol. 126. original register fol. 229. Ingressu sur cui in vita, fol. 128. o∣riginall Register fo. 239. both which see in Enrry: Ingressu cause matrimonii praelocuti. fol. 130. ori∣ginal register fol. 233: which see causa matrimonii praelocuti. Ingressu in casu proviso, f. 132. Register ori∣ginal. fo. 235. which see casu pro viso. Ingressu cui ante diuortium. fol. 130. original register fol. 233. for which see, cui ante diuorium. Ingressu in consimili casu, fol. 233. originall Register fol. 236. for which see Confimili casu. Ingressu sine consensu capituli, fol. 128. ori∣ginal

register, fol. 230: for which see Sine assensu capituli. Ingressu ad communem legem. fol. 132. origi∣nall register, fol. 234. which lyeth, where the tenent for terme of life or of anothers life, tenent by curtesie, or tenent in Dower ma∣keth a feofment in fee, & dyeth; he in the reuersion shall haue the foresaid writagainst whomsoeuer that is in the land, after such feof∣ment made.

Ingrossing of a fine, is making the indentures by the chirogra∣pher, and the deliuery of them to the party vnto whom the cog∣nisance is made. Fitzh. nat. br. fol. 147. A.

Ingrosser (ingrossator) commeth of the frence Grosseur: i. crassiiudo. or Grosier. i. Solidarius venditor, it signifieth in the common law, one that buieth corne growing, or dead victuall, to sell againe, except barly for mault, oats for oatemeale, or victuals to retaile, badging by licence, and buying of oiles, spices, and victualls, other then fish or salte. anno. 5. Edward: 6. cap: 14. anno. 5. Elizab: cap: 14. anno. 13. Elizab. cap: 25. these be M. Wests. words, parte. 2. simbol: titulo Inditements: sect. 64. howbeit this definition rather doth belong to vnlawfull in∣grossing, then to the word in generall. see Forstaller.

Inheritance (hareditas) is a per∣petuity in lands or tenements to a man and his heirs. For Litleton cap: i. lib: i: hath these words: and it is to be vnderstand, that this word (inheritance) is not onely vnderstand, where a man hath inheritance of lands and tene∣ments by discent of heritage, but also euery fee simple or fee taile that a man hath by his pur∣chase, may be said inheritance: for that, that his heires may in∣herit him: Seuerall inheritance is that, which two or moe hould seuerally, as if two men haue land giuen them to them and the heires of their two bodies, these haue ioynt estate during their liues, but their heires haue seue∣rall inheritance. Kitchin. fol: 155. See the new terms of law. verbo Enheritance:

Inhibition (Inhibitio) is a writt to inhibit or forbid a Iudge from farder proceding in the cause depēding before him: See Fitzh: nat: br: fol: 39. where he putteth prohibition and inhibition to∣gether: inhibition is most com∣monly a writ issuing out of a higher courte Christian to a lower and inferiour, vpon an Appeale. anno. 24. H. 8. cap: 12. and prohibition out of the kings courte to a court Christian, or to an inferiour temporall court.

Iniunction (iniunctio) is an inter∣locutory decree out of the Chā∣cerie, sometimes to giue posses∣sion vnto the plaintife, for want

of apparence in the defendant, sometime to the Kings ordinary court, and somtime to the court Christian, to stay proceeding in a cause vpon suggestion made, that the regour of the law, if it take place, is against equitie and conscience in that Case. see West: parte. 2. simb: titulo Proceeding in Chauncery sect: 25.

Inlawgh (Inlagatus) vel homo sub lege) signifieth him that is in some frank pledge, of whome take Bractons words, l. 3. tracta: 2. cap. H. nu. 5. Minor verò, & qui infra aetatem duodecim annorū fuerit, vtlagari non potest nec extra legem poni: quia ante talem aetatem non est sub lege aliqua, nec in de∣cenna, non magis quam foemina. quae vtlagari non potest quia ipsa non est sub lege. i. Inlowghe anglicè: sc: in franco plegio siue decenna sicut masculus duodecim annorum & vlteriūs, &c. Inlaughe, significat hominem subiectum leg i, Fleta li. i. cap. 47.

Inlagary (Inlagatio) is a restitu∣tion of one outlawed, to the kings protection, and to the be∣nifite or estate of a subiect. Bracton: lib. 3 tracta: 2 cap. 14. nu. 6. 7. 8. Britton cap: 13.

Inmates, are those that be ad∣mitted to dwell for their mony iointly with another mā, though in seuerall roomes of his mantiō house, passing in and out by one doore, and not being able to maintaine themselues, which are inquiralle in a leete. Kitchin. fol: 45 where you may reade him at large who be properly Inmates in intendment of law, and whoe not.

Imprision, anno 18 Ed: 3 statu: 4: cap. vnico. seemeth to signifie so much as an attempt, comming of the french empris) which is all one with (enterpris) an en∣terprise.

Inquirendo, is an authoritie giuen to a person or persons, to inquire into some thing for the kings aduantage, which in what cases it lieth, see the Register ori∣ginall, fol. 72. 85. 124. 265. 266. 179. 267.

Inquisition (Inquisitio) is a maner of proceeding in maters crimi∣nall, by the office of the Iudge, which Hostiensis defineth thus: Inquisitio nihil aliud est quàm alicu∣ius criminis manifesti ex bono & a∣quo Iudicis compeientis canonicè fa∣cta investigatio, ca. qualiter. de ac∣cusatio. In the Decretales: this course we take here in England by the great Enquest before Iu∣stices in Eyre: See Eyre. and the places in Bracton and Britton there noted; Inquisition is also with vs, vsed for the King in temporall causes and profits, in which kinde it is confounded with Office: Stawnf praerog. fo. 51. See Office.

Inrolement (Irrotulatio) is the

registring, recording or entring of any lawful act in the rowles of the chauncerie, as recogni∣sance acknowledged, or a sta∣tute or a fine leuied. 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 kinde of theeues in Ridesdall. anno. 9. H. 5. ca. 8. so called, as it seemeth, because they dwelling within that libertie, did receiue in such booties of catell or other things as the out parters brought in vnto them. See Out parters.

Interdiction (Interdictio) is v∣sed in the common lawe, in the same signification that it hath in the canon lawe, where it is thus defined: interdictio est censura ec∣clesiastica prohibens administratio∣nem diuinorum: c. quod in te: de pae∣nitent: & remiss. in the Decre∣tals: and thus is it vsed. anno. 24. H. 8. cap. 12.

Interpleder, See Enterpleder.

Intrusion (Intrusio) by Bracton lib. 4. cap. 2. is thus defined. Intru∣sio est, vbi quis (cui nullum ius com∣petit in re nec scintilla Iuris, posses∣sionem vacuam ingreditur, quae nec corpore nec animo possidetur, sicut hae∣reditatem iacentem antequam adi∣ta fuerit ab harede, vel saltem a do∣mino capitals ratione, custodiae, vel ratione eschaeta si forte heredes non existant, vel si post mortem alicu∣ius per finem factum, vel per mo∣dum donationis, vbi successio sibi lo∣cum vendicare non possit, vel si post mortem alicuius qui tenuit ad vi∣tam, debeat tenementum reverti ad proprietariū, ponat quis se in seisinā antequā tenemētū illud veniat ad illū ad quem pertinere deberet ex praedi∣ctis causis, with whome agreeth Fleta, lib. 4. cap. 30. §. 1. & 2. See Britton cap. 65. to the same effect. See the newe booke of Entries. verbo Entrusion. See Entrusion. See disseisin: the author of new Terms of lawe would haue intrusion especially after the tenent for life is deceased. verbo, Abatement. and abatement in all other ca∣ses: But I finde not any latine word for abatement but intrusio, so that I rather thinke these 2. english words to bee synonyma: and Fleta cap. suprà citato, see∣meth direct against this his opi∣nion.

Intrusione, is a writ that lyeth against the intruder: Register: fol. 233.

Inuentarie (inuentarium) is a description or repertory orderly made of all dead mens goods and catels prized by foure cre∣dible men or more, which euery executor or administrator ought to exhibite to the Ordinary, at such times as he shall appoint the same. West. parte prim: Simb: lib: 2. sect: 696. where likewise

you may see the forme: This In∣uentary proceedeth from the ci∣uill law; for whereas by the aun∣cient law of the Romans, the heire was tyed to aunswer all the testators debts, by which meanes heritages were preiudiciall to many men and not profitable: Iustinian to encorage men the better to take vppon them this charitable office, ordained, that if the heire would first make and exhibite a trew Inuentary of all the testatours substance com∣ming to his hand, he should be no furder charged, then to the va∣lew of the Inuentarie: l. vlt. Cod. de Iure de liberando.

Inuest (Inuestire) commeth of the french word (Inuester) and signifieth to giue possession. He are Hotoman de verbis fendalibus, ver∣bo Inuestitura: Inuestitura barba∣rum nomen, barbaricam quo{que} ratio∣nem habet. Nam vt ait Feudista, lib. 2. titulo. 2. Inuestitura propriè dici∣tur quando hasta vel aliquod corpo∣reum traditur à domino; with vs we vse likewise to admit the tenents by deliuering them a verge or rodd into their hands, and mi∣nistring them an oath, which is called Inuesting: others define it thus: Inuestitura, est alicuius in suumius introductio.

Inure, signifieth to take effect: as the pardon inureth: Stawnf: praerog: fol. 40. See Enure.

Ioynder, is the coupling of two in a suite or action against ano∣ther: Fitzh. nat. br. fol. 118. H. 20••. H. 221. & H. in many other pla∣ces, as appeareth in the Index. verbo Ioynder.

Ioynt tenents (simul tenentes) li∣ber intrationum, titulo Formdon in vieu. 3. be those that come to and hould lands or tenements by one title pro indiuiso, or with∣out partition. Litleton lib. 3. cap. 3. and termes of law: See Tenents in common.

Ioyning of issue (Iunctio exitus) See Issue.

Iointure (Iunctura) is a coue∣nant, whereby the husband or some other freind in his behalfe assureth vnto his wife, in respect of mariage, lands or tenements for terme of her life, or other∣wise, See West: part: 2. Symbol. lib. 2. titulo Couenants. sect. 128. and the new expositiō of the law terms: it seemeth to be called a Ioynture, either because it is granted ratione iuncturae in matri∣monio, or because the land in franke mariage, is giuen ioyntly to the husband and the wife, and after to the heirs of their bodies, whereby the husband and wife be made ioynt tenents during the couerture. Coke li. 3. Butler & Bakers case. f. 27. b. See franckmari∣age. Ioynture, is also vsed as the ab∣stract of ioynt tenents. Coke lib. 3. the Marques of Winchesters case. fol. 3. a. b. Iunctura, is also by

Bracton and Fleta vsed for ioyn∣ing of one bargaine to another. Fleta lib. 2. ca. 60. touching the selfe same thing: and therefore ioynture in the first signification, may be so called, in respect that it is a bargaine of liuelyhood for the wife: adioyned to the con∣tract of mariage.

Iourn Choppers, anno 8. Hen. 6. cap. 5. be regraters of yarn. Whe∣ther that we now call (yarne) were in those daies called (iourn) I cannot say: but (choppers) in these daies are well knowne to be chaungers. as choppers of churches, &c.

Iourneyman, commeth of the French (Iournee) that is a day or dayes worke. which argueth that they were called Iourneymen, that wrought with others by the day, though now by statute it be extended to those likewise, that couenant to worke in their oc∣cupation with another by the yeare. anno quinto Elizabeth. cap. quarto.

Issue (Exitus) commeth of the French (Issir: i. emanare) or the substantiue (Issue: i. exitus, euentus) It hat diuers applications in the common lawe: sometime being vsed for the children begotten betweene a man and his wife: sometime for profits growing from an amercement or fine, or expenses of suite: sometime for profits of lands or tenements: West: 2. anno. 13. Edw. prim. cap. 39. sometime for that point of mater depending in suite, wher∣upon the parties ioyne and put their cause to the triall of the Iu∣ry: 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 ma∣riage betweene the parents: the profits growing to the king or Lord from the punishment of any mans offence, is the effect of his transgression: the point refer∣red to the triall of twelue men is the effect of pleading or processe. Issue, in this last signification, is either generall or speciall: Ge∣nerall issue seemeth to be that, whereby it is referred to the Iury to bring in their verdict, whe∣ther the defendant haue done a∣ny such thing, as the plaintife layeth to his charge. For exam∣ple: if it be an offence against a∣ny statute, and the defendant pleade: not culpable: this being put to the Iury, is called the ge∣nerall issue: and if a man com∣plaine of a priuate wrong which the defendant denieth, & plead, no wrong nor disseisin, and this be referred to the 12. it is like∣wise the generall issue. Kitchin. fol. 225. See the Doctor and Stu∣dent, fol. 158. b. the speciall issue then must be that, where speciall mater being alleadged by the defendant for his defence; both

the parties ioyne therevpon, and so grow rath er to a demurrer, if it be quaestio Iuris, or to tryall by the Iurie, if it be quaestio facti; see the new booke of Entries: verbo, Issue.

Iuncture see Iointure.

Iure patronatus, See the newe booke of Entries, verbo Iure pa∣tronatus in quar•• impedit. fol. 465. col. 3.

Iurie (Iurata) commeth of the french (Iurer: i iurare.) it sig∣nifieth in our common lawe, a companie of men as 24. or 12. Sworne to deliuer a truth vpon such euidēce, as shalbe deliuered them touching the matter in question. Of which triall who may and who may not be em∣paneled, see Fitzh. nat. br. fol. 165. D. And for beter vnderstanding of this point, it is to be knowne, that there be. 3. maner of trials in England: one by Parlament, another by battle, and the third by Assise or Iurie: Smith de repub. Anglorum. lib: 2. cap: 5. 6. 7. touch∣ing the 2. former reade him, and see Battell, and Combat, and Parlament: the triall by Assise (be the action ciuile or criminall, publick or priuate, personall or reall) is referred for the fact to a Iurie, and as they finde it, so passeth the Iudge∣ment. and the great fauour that by this the King sheweth to his subiects more then the princes of other nations, you may reade in Glanuil. lib: 2: cap: 7. where he called it Regale beneficium cle∣mentis principis de consilio procerum populis indultum, quo vitae hominū, & status integritati tam salubri∣ter consulitur; vt in iure, quod quis in libero soli tenemento possidet, retinendo, duells casum declinare possint homines ambiguum, &c: see the rest. This Iury is not vsed onely in circuits of Iustices er∣rant, but also in other courts and maters of office, as if the Esche∣atour make inquisition in any thing touching his office, he doth it by a Iury or inquest: if the Co∣roner inquire how a subiect found dead, came to his end: he vseth an inquest. the Iustices of peace in ther quarter Sessions, the Shyreeue in his county and Turne, the baylife of a Hundred, the Stewarde of a court Leete or court Baron, if they inquire of any offence, or descide any cause betweene party and party, they doe it by the same maner. So that where it is said that all things be triable by Parlament, Battell, or assise; Assise in this place is taken for a Iury or En∣quest, empaneled vpō any cause in a court, where this kind of triall is vsed: and though it be commonly deemed, that this custome of ending and desci∣ding causes proceede from the Saxons and Brittons, and was of

fauour permitted vnto vs by the Conquerour: yet I finde by the grand Customarie of Normandie. cap: 24. that this course was vsed likewise in that countrie. For Assise is, in that Chapter, defined to be an assembley of wise men, with the Bailife in a place cer∣taine at a time assigned 40. daies before. wherby Iustice may be done in causes heard in the court: of this custome also and those Knights of Normandie Iohannes Faber maketh mention, in the Rubrique of the title de militari testamento, in Institut. this Iury, though it appertaine to most courts of the common law, yet is it most notorious in the half yeare courts of the Iusti∣ces errants, commonlie called the great assises, and in the quar∣ter Sessions, and in them it is most ordinarily called a Iurie. And that in ciuile causes: wher∣as in other courts, it is oftener tearmed an enquest, and in the court Baron the Homage. In the generall Assise there are vsually many Iuries, bicause there be store of causes both ciuil and criminall commonly to be tri∣ed, wherof one is called the Grand Iury, and the rest petit Iuries: whereof it seemeth there should be one for euery Hun∣dred, Lamb. Eirenar. l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and sub∣stantiall gentlemen, or some of them yeomen chosen indiffe∣rently out of the whole shyre by the Shyreeue, to consider of all bils of Inditement preferred to the court: which they doe either approoue, by writing vpon them these words, billa vera: or disal∣lowe, by writing, Ignoramus: such as they doe approoue, if they touch life and death, are farder referred to another Iury to be considered of, because the case is of such importance: but others of lighter moment, are vpon their allowance, without more worke fined by the bench, except the party travers the In∣ditement, or chalenge it for insufficiencie, or remooue the cause to a higher court by certi∣orarie, in which 2. former ca∣ses it is referred to another Iurie, and in the latter transmitted to the higher. Lamb. Eire. l. 4. c. 7. & presently vpon the allowance of this bill by the Grand Enquest, a man is said to be indighted. Such as they dissalowe, are deliuered to the benche, by whome they are forthwith cancilled or torne. The petit Iury consisteth of. 12. men at the least, & are Em∣panelled, as well vpon criminall as vpon ciuile causes. those that passe vpon offences of life and death, doe bring in their verdict either guiltie or not guiltie, wherevpon the prisoner, if he

be found guiltie, is said to be conuicted, and so afterward re∣ceaueth his iudgment and con∣demnation: or otherwise is ac∣quited and sett Free: of this reade Fortes: cap: 27. those that passe vpon ciuile causes reail, are all, or so many as can conueni∣ently be had, of the same hun∣dred, where the land or tene∣ment in question doth lie, and 4. at the least: And they vpon due examination bring in their verdict either for the demaun∣dant, or Tenent. of this see For∣tesc. cap. 25. 26. according vnto which, iudgement passeth after∣ward in the court where the cause first began: and the reason hereof is, because these Iustices of Assise, are in this case, for the ease of the cuntry, onely to take the verdict of the Iurie, by the vertue of the writ called (nisi pri∣us) and so returne it to the court where the cause is depending. See (Nisi prius.) Ioyne with this the chapter formerly cited out of the custumary of Normandie, and that of King Etheldreds lawes mentioned by Maister Lamberd, verbo Centuria. in his explication of Saxon words; and by these two words you shall perceiue, that as well among these Normans, as the Saxons, the men of this Iuty were associats and Assistants to the Iudges of the court, in a kind of equality; where as now a daies they attend them in great humi∣lity, and are, as it were, at their commaund for the seruice of the court: the words set downe by M. Lamberd are these: In singu∣lis centuriis comitia sunto, at{que} libe∣rae condicionis viri duodeniaetate su∣periores, vnà cum praeposito sacra tenentes, iuranto, se adeo virum ali∣quem innocentem haud condemna∣turos, sontemve absoluturos: to this ioyne also the 69. chapter of the saide custumarie. See Enquest. See 12. men. See Lamberds Eurenarch. lib. 4. cap. 3. p. 384.

Iuris vtrùm, is a writ, that ly∣eth for the incumbent, whose predecessour hath alienated his lands or tenements. the diuers v∣ses of which writ, see in Fitzh. nat. br. fol. 48.

Iurisdiction (Iurisdictio) is a dignity which a man hath by a power to doe Iustice in causes of complaint made before him. And there be two kinds of Iuris∣dictions, the one that a man hath by reason of his fee, and by ver∣tue thereof doth right in all plaints concerning his see: The other is a Iurisdiction giuen by the prince to a baylife: this diui∣sion I haue in the Custumary of Normandy, cap. 2. which is not vnapt for the practise of our common welth, for by him whom they call a baylife, we may vnderstand all that haue

commission from the prince to giue iudgement in any cause: The ciuilians diuide iurisdictionem generally vnderstand in imperium & iurisdictionem: and imperium in merum & mixtum. Of which you may reade many especiall tra∣ctats writen of them, as a mater of great difficulty and impor∣tance.

Iustes, commeth of the French (Ioustes. i. decursus) and signifieth with vs, contentions betweene Martiall men by speares on hors∣backe, anno 24. H. 8. cap. 13.

Iustice (Iusticiarius) is a French word, and signifieth him, that is deputed by the king, to do right by way of iudgement. the reason why he is called Iustice and not Iudex, is because in auncient time the latine word for him was (Iusticia) and not (Iusticiarius) as appeareth by Glan. lib. 2. cap. 6. Roger Houeden parte poster. suorum annalium, fo. 413. a. and diuers other places, which appellation we haue from the Normans, as appeareth by the grand custuma∣ry. cap. 3. and I doe the rather note it, because men of this fun∣ction should hereby consider, that they are or ought to be, not (Iusti) in their iudgements, but in abstract (ips•• iusticia) how be it I hould it well, if they per∣forme their office in concreto. Another reason why they are called Iusticiary with vs and not Iudices, is, bicause they haue their authority by deputation, as De∣legates to the king, and not iure magistratus; and therefore can∣not depute others in their steed, the Iustice of the Forest onely excepted, who hath that liber∣ty, especially giuen him by the statute anno. 32. H. 8. cap. 35. for the Chanceller, Marshall, Admi∣rall, and such like are not called Iusticiarii but Iudices: of these Iustices you haue diuers sorts in England, as you may perceaue heare following. The maner of creating these Iustices, with other appertenences reede in Fortescu. cap. 51.

Iustice of the Kings bench (Iusti∣ciarius de Banco regis) is a Lord by his office, and the cheife of the rest. wherefore he is also cal∣led Capitalis Iusticiarius Angliae, his office especially is to heare and determine all plees of the crowne: that is, such as concerne offences committed against the crowne, dignitie, and peace of the King; as treasons, felonies, may hems and such like, which you may fee in Bracton, lib. 3. tra∣ctat. 2. per totum▪ and in Stawnf. treatise intituled the plees of the crowne, from the first chapter to the 51. of the first Booke. But either it was from the begin∣ning, or by time it is come to passe, that he with his assistans, heareth all personall actions, and

reall also, if they bee incident to any personall action depending before them: See Cromptons Iu∣ridict. fol. 67. &c. of this court Bracton lib. 3. cap. 7. nu. 2. saith thus: placita verò ciuilia in rem & personam in Curia Domini Regis terminanda, coram diuersis iustici∣arus terminantur: Habet enim plu∣res curias in quibus diversae actiones terminantur; & illarum curiarum habet vnam propriam, sicut aulam regiam, & iusticiarios capitales qui proprias causas Regis terminant, & aliorum omnium per querelam vel per priuilegium siue libertatam; vt si sit aliquis qui implacitari non de∣beat, nisi coram Domino rege. This Iustice (as it seemeth) hath no pa∣tent vnder the broad seale. For so Crompton saith vbi supra. He is made onely by writ, which is a short one to this effect. Regina Iohanni Popham militi salutē. Scia∣tis quod consistuimus vos Iusticiari∣um nostrum capitalem, ad placita coram nobis terminandum, durante beneplacito nostro, Teste, &c. And Bracton in the place nowe reci∣ted, speaking of the common plees, saith, that sine warranto in∣risdictionem non habet, which (I thinke) is to be vnderstood of a commission vnder the great Seale. This court was first called the kings bench, because the King sate as Iudge in it in his proper Person, and it was mo∣ueable with the court. See anno 9. H. 3. cap. 11. more of the Iu∣risdiction of this court see in Crompton vbi supra. See Kings bench. The oath of the Iustices see in the statute. anno 18. Ed. 3. stat. 4. See Oathe.

Iustice of common plees (Iusticia∣rius communium placitorum) is al∣so a Lord by his office, and is called (Dominus Iusticiarius com∣munium placitorum) and he with his assistants originally did heare and determine all causes at the common lawe, that is, all ciuil causes betweene common per∣sons, as well personall as reall, for which cause it was called the court of common plees, in op∣position to the plees of the Crowne or the Kings plees, which are speciall and appertai∣ning to him onely. Of this, and the Iuridisdiction hereof, see Cromptons Iurisdiction. fo. 91. This Court was alwaies setled in a place, as appeareth by the statute anno 9. H. 3. cap. 11. The oath of this Iustice and his associats, see anno 18. Ed. 3. stat. 4. See Oath.

Iustice of the Forest (Iusticiarius Forestae) is also a Lord by his office, and hath the hearing and determining of all offences, with∣in the Kings forest, commit∣ted against Venison or Vert, of these there bee two, whereof the one hath Iurisdiction oueral the forests, on this side Trent:

the other of all beyond. the cheifest point of their Iuris∣diction, consisteth vpon the arti∣cles of the Kings Charter, called Charta de Foresta, made anno 9. H. 3. which was by the Barons hardly drawne from him, to the mitigation of ouer cruell ordi∣nances made by his predecessors. Reade M. Camdens Britan. Pag. 214. See Protoforestarius. The Court where this Iustice sitteth and determineth, is called the Iustice seate of the Forest, held euery three yeares once, where∣of you may reade your fill in M. Manwoodes first part of Forest lawes. pag. 121. & 154. & pag. 76. He is sometimes called Iu∣stice in Eyre of the forest. See the reason in Iustice in Eyre. This is the only Iustice that may ap∣point a deputy per statutum anno 32. H. 8. cap. 35.

Iustices of Assise (Iusticiarii ad capiendas Assisas) are such as were wont by speciall commissi∣on to be sent (as occasion was offered) into this or that county to take Assises; the ground of which polity, was the ease of the subiects: For whereas these acti∣ons passe alway by Iury, so ma∣ny men might not without great hinderance be brought to Lon∣don, and therefore Iustices for this purpose were by commissi∣on particularly authorised, and sent downe to them. And it may seeme that the Iustices of the common plees had no power to deale in this kinde of busines, vntill the statute made anno 8. Rich. 2. cap. 2. for by that they are enhabled to take Assises, and to deliuer Gaols. And the Iustices of the kings Bench haue by that statute such power affirmed vnto them, as they had one hundred yeares before that: Time hath taught by experience, that the beter sort of Lawyers being fit∣test both to iudge and plead, may hardly be spared in terme time to ride into the country a∣bout such busines: and therefore of later yeares it is come to passe, that these commissions (ad ••apie∣das Assisas) are driuen to these two times in the yeare out of terme, when the Iustices and o∣ther may beat leasure for these controuersies also: whereupon it is also fallen out, that the ma∣ters wont to be heard by more generall Commissions of Iustices in Eyre, are heard all at one time with these Assises: which was not so of ould, as appeareth by Bra∣cton, lib. 3. c. 7. nu. 2. Habet etiam Iusticiarios itinerātes de comitatu in Comitatum, quando{que} ad omnia pla∣cita, quando{que} ad quaedam specialia, sicut Assisas &c. & ad Gaolas deli∣berandas, quando{que} ad vnicam vel duas, & non plures. And by this meanes the Iustices of both ben∣ches, being iustly to be accoun∣ted

the fittest of all others, and o∣thers their assistants, as also the Sergeants at law may be imploy∣ed in these affaires, who as gra∣uest in yeares, so are they ripest in iudgement, and therefore li∣kest to be voide of prociality, for being called to this dignity, they giue ouer practise anno 8. R. 2. cap. 3. but this alway to be re∣membred, that neither Iustice of either bench, nor any other, may be Iustice of Assise in his owne country, anno 8. Rich. 2. cap. 2. & anno 33. H. 8. cap. 24. lastly, note that in these daies, though the selfe same men dispatch busines of so diuers natures, and all at one time, which were wont to be performed by diuers, and at seuerall times, yet they doe it by seuerall commissions. Cromptons Iurisdictions. fo. 210. For those who be in one word called Iusti∣ces of circuit, and twice euery yeare passe, by two and two, through all Englād, haue one cō∣mission to take Assises; another to deliuer Goales, another of oyer and terminer. That Iustices of Assise, and Iustices in Eyre did aunciently differ, it appeareth an. 27. Ed. 3. cap. 5. and that Iusti∣ces of Assise, & Iustices of goale deliuery were diuerse, it is e∣uident by anno 4. Fd. 3. cap. 3. The oath taken by Iustices of as∣sise, is all one with the oath taken by the Iustices of the kings bench. Ould abridgement of statutes. titulo Sacramentum Iusti∣ciariorum. See Oath.

Iustices of oyer and terminer, Iusticiarii ad audiendum & termi∣nandum) were Iustices deputed vpon some especiall or extraor∣dinary occasion, to heare and determine some or more causes. Fitzherberd in his natura beruium saith, that the commission d' oy∣er and terminer, is directed to certaine persons vpon any great assembly, insurrection, hainous demeanure, or trespasse com∣mitted. And because the occa∣sion of granting this commissi∣on should be maturely wayed, it is prouided by the statute anno 2. Ed. 3. cap. 2. that no such com∣mission ought to be graunted, but that they shalbe dispatcheo before the Iustices of the one bench or other, or Iustices errāts, except for horrible trespasses, & that by the especial fauour of the King. The forme of this cō∣mission, see in Fitzh. natura breu. fol. 110.

Iustices in Eyre (Iusticiarii iti∣nerantes) are so termed of the French (Erre. i. iter) which is an old word, as (a grand erre. i. mag∣nis iteneribus) prouerbially spo∣ken. the vse of these in auncient time, was to send them with commission into divers coun∣ties, to heate such causes es∣pecially, as were termed the

plees of the crowne, and there∣fore I must imagine they were so sent abroad for the ease of the subiects, who must els haue beene hurried to the kings bench, if the cause were too high for the countie court. They differed from the Iustices of oyer and terminer, because they (as is aboue said) were sent vpon some one, or fewe speciall cases and to one place: whereas the Iustices in Eyre, were sent through the prouinces and counties of the land, with more Indefinite and generall commission, as appeareth by Bracton, lib. 3. cap. 11. 12. 13. and Britton cap. 2. And againe they seeme to differ in this, because the Iustices of oyer and terminer (as it is before said) were sent vn∣certainly, vpon any vproare or other occasion in the country: but these in Eyre (as M. Gwin setteth downe in the preface to his reading, were sent but euery seuen yeare once; with whome Horn in his myrrour of Iustices, seemeth to agree. lib. 2. cap. queux poient estre actours, &c. and lib. 2. c. des peches criminels &c. al suyte de Roy, &c. and lib. 3. c. de Iustices in Eyre. where he also de∣clareth 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 poste∣ri. annalium. fo. 313. b. hath of them these wordes: Iusticiarij itinerantes constituti per Henricum secundum. i. qui diuisit regnum su∣umin sex partes, per quarum singu∣las tres Iusticiarios itinerantes con∣stituit, quorum nomina haec sunt, &c.

Iustices of Gaol deliuery (Iustici∣arii ad Gaolas deliberandas) are such as are sent with commissi∣on, to heare and determine all causes apperteining to such, as for any offence are cast into the Gaol, part of whose authori∣tie is, to punish such, as let to mainprise those prisoners, that by lawe be not bayleable by the statute de finibus, cap. 3. Fitzh. nat. br. f. 251. I. These by likely∣hoode in auncient time, were sent to countries vpon this se∣uerall occasion. But afterward Iustices of Assise were likewise authorised to this, anno. 4. Ed. 3. cap. 3. Their oath is all one with other of the kings Iustices of ei∣ther bench. Ould Abridgement of statutes. titulo Sacramentum Iusti∣ciariorum. See Othe.

Iustices of labourers, were Iu∣stices appointed in those times, to redresse the frowardnesse of labouring men, that would ei∣ther be idle, or haue vnreasona∣ble wages. See anno 21. Ed∣uardi 3. cap. primo. anno. 25. eiusd. cap. 8. & anno 31. eiusdem cap. 6.

Iustices of Nisi prius, are all one now a daies with Iustices of Assises: for it is a common Ad∣iournment of a cause, in the common plees to put it off to such a day, Nisi prius Iusticiarii ve∣nerint ad eas partes, ad capiendas Assisas: and vpon this clause of Adiournment, they are called Iustices of Nisi prius, as well as Iustices of Assises; by reason of the writ or action that they haue to deale in: their com∣mission you may see in Cromp∣tons Iurisdsctious fol. 204. yet M. Crompton maketh this difference betweene them, because Iustices of Assise haue power to giue iudgement in a cause, but Iu∣stices of Nisi prius. only to take the verdict. But in the nature of both there functions this see∣meth to be the greatest diffe∣rence, because Iustices of Nisi prius haue to deale in causes personall as well as reall, wher∣as Iustices of Assise, in strict ac∣ception, deale only with the possessory writs called Assises.

Iustices of trial bastō, alias of trayl baston, were a kind of Iustices ap∣pointed by King Edward the first vpon occasion of great dis∣order growne in the Realme, during his absence in the Scot∣tishe and French warres, they are called in the ould nat. bre. f. 52. Iustices of triall Baston, but by Holynshed and Stow in Edw. pri. of Traile baston, of trailing or drawing the staffe as Holinshed saith. Their office was to make inquisition through the Realme by the verdict of substantiall Iuries vpon all officers, as Mayors Shyreeues, Bailifes, escheatours & others, touching extortion, bribe∣ries and other such greeuances, as intrusions into other mens lands, and Barratours that vsed to take mony for beating of men, and also of them whom they did beate; by meanes of which inquisitions many were punished by death, many by ran∣some, and so the rest flying the Realme, the land was quieted, & the king gained greate riches toward the supporting of his wars. Inquire farder of the name. Baston is thougt by some to be the beame of a paire of Scoales or waights. and this is in this place metaphorically appli∣ed to the iuste peising of re∣compence for offences com∣mitted. My poore opiniō is, that the etymology of this title or addition groweth from the French (treilles) i. cancelli, barres or letises of what thing soeuer, a grate with crosse bars, or of the singuler (treille) i. pargula, an house arbour, a raile or forme, such as vines runne vpon, and (Baston) a staffe or pole, noting thereby that the Iustices emploied in this commission, had au∣thoritie

to proceede without any solemne iudgement seate in any place either compassed in with railes, or made booth or tent-wise, set vp with staues or poales without more worke, wheresoeuer they could appre∣hend the malefactors they sought for. See, lib. Assisarum. fol. 141. 57.

Iustices of peace (Iusticiarii ad pacem) are they that are ap∣pointed by the kinges com∣mission, with others, to attend the peace in the County where they dwell: of whom some vpon speciall respect are made of the Quorum, because some busines of importance may not be dealt in without the presence or assēt of them, or one of them. Of these it is but folly to write more, because they haue so many thinges perteining to their office, as cannot in fewe words be comprehended. And againe Iustice Fitzherberd some time sithence, as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatiō, and fruit∣full benefit of the whole Realme. See also Sir Thomas Smith de repub: Angl: lib: 2. cap. 19. They were called Gardians of the peace, vntill the 36. yeare of King Edward the third, cap. 12. where they be called Iustices. Lamb. Eirenarcha. lib. 4. cap. 19 pag. 578. There oathe see also in Lambard. lib. i. ca. 10.

Iustices of peace, &c. within liberties, Iusticiarii ad pacem infra libertates, be such in cities and other corporate townes, as those others be of any countie: and their authoritie or power is all one within their seueral precincts anno. 27. H. 8. ca. 25.

Iusticies, is a writ directed to the Shyreeue, for the dispatch of iustice in some especiall cause, wherewith of his owne au∣thoritie he cannot deale in his Countie Courte. lib. 12. cap. 18. wherevpon the writ de excom∣municato deliberando, is called a Iusticies in the old nat. bre. fol. 35. Also the writ de homine replegiando. eodem: fol. 41. Thirdly the writ de secunda superonerati∣one pasturae. eodem: fol. 73. Kitchin fol. 74. saith, that by this writ called Iusticies, the Shyreeue may hold plee of a greate summe, whereas of his ordinary au∣thoritie he cannot hold plees but of summes vnder 40. shil∣lings. Crompt on fo. 231. agreeth with him. It is called a Iusticies, because it is a commission to the Shyreeue ad Iusticiandum ali∣quem, to ••doe aman right, and requireth noe returne of any certificat of what he hath done. Bracton. lib. 4. tracta. 6. cap. 13. nu. 2. maketh mention of a Iusticies to the Shyreeue of London, in a

case of Dower. See the newe booke of Entries, Iusticies.

Iustification (Iustificatio) is an vpholding or shewing a good reason in courte, why he did such a thing as he is called to answere: as to iustifie in a cause of Repleuin. Broke. titulo Repleuin.

K E

KEeper of the great Seale (Custos Magni Sigills) is a L. by his office and called Lord Keeper of the great Seale of England, &c. & is of the Kings priuy Councell, vnder whose hands passe al char∣ters, Commissions, and graunts of the King strengthened by the great or broad Seale. Without the which Seale, all such Instru∣ments, by Lawe are of no force. for the King is in interpretation and intendment of Law, a Cor∣poration, and therefore passeth nothing firmely, but vnder the said Seale. This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place, authority, preemi∣nence, Iurisdiction, execution of Lawes, and all other Customes, Cōmodities; and Aduantages, as hath the Lord Chaunceler of England for the time being.

Keeper of the priuy Seale (Cu∣stos priuati Sigilli) is a Lord by his office, vnder whose hands passe all Charters signed by the Prince, before they come to the broad or great Seale of Eng∣land. He is also of the Kings priuy Councell. He seemeth to be called Clerke of the priuy Seale. anno 12. R 2. Cap. 11. But of late daies, I haue knowne none to beare this office, by rea∣son the Prince thinketh good, ra∣ther to keepe this Seale in his owne hands, and by priuate trust to commit it to his principall Secretary, or some such one of his Councell, as he thinketh fit for that function.

Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint, which at this day is termed the master of the assay. See Mint.

Keeper of the Forest (Custos Fo∣restae) is also called cheife War∣den of the Forest. Manwood part. pri. of his Forest Lawes, pag. 156. &c. & hath the principall go∣uernmēt of all things belonging thereunto: as also the check of all officers belonging to the Fo∣rest. And the Lord Cheife Iustice in Eyre of the Forest, when it pleaseth him to keepe his Iustice Seate, doth 40. daies before, send out his generall Summons to him, for the warning of all vnder-officers, to appeare before him at a day assigned in the Sum∣mons. This See in Manwood V∣bi Supra.

King (Rex) is thought by M.

Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge, signifing him that hath the highest power & abso∣lute rule ouer our whole Land. and thereupon the King is in in∣tendment of Lawe cleared of those defects, that common per∣sons be subiect vnto. For he is al∣waies supposed to be of full age, though he be in yeares neuer so young. Cromptons Iurisdictions fol. 134. Kitchin. fol. i. He is taken as not subiect to death, but is a Corporation in himselfe that li∣ueth euer. Crompton ibidem. Third∣ly, he is aboue the Law by his absolute power. Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe ad∣mitte the 3. estates, that is, Lords Spirituall, Lords temporall, and the Commons vnto Councell: yet this, in diuers learned mens opinions, is not of constreinte, but of his owne benignitie, or by reason of his promise made vpon oath, at the time of his coronation. For otherwise were he a subiect after a sort and sub∣ordinate, which may not bee thought without breach of duty and loyaltie. For then must we deny him to be aboue the lawe, and to haue no power of dispen∣sing with any positiue lawe, or of graunting especiall priuiled∣ges and charters vnto any, which is his onely and cleare right, as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican. and Bracton. lib. 2. cap. 16. num. 3. and Britton, cap. 39. For hee pardoneth life and limme to of∣fendours against his crowne and dignitie, except such as he bin∣deth himself by oath not to for∣giue. Stawnf. pl. cor. lib. 2. cap. 35. And Habet omnia iura in ma∣nu sua. Bracton. lib. 2. cap. 24. num. prim. And though at his co∣ronation he take an oath not to alter the lawes of the land: Yet this oath notwithstanding, hee may alter or suspend any parti∣cular lawe that seemeth hurtfull to the publike estate. Blackwood in Apologia Regum, c. 11. See Oath of the king. Thus much in short, be∣cause I haue heard some to be of opiniō, that the lawes be aboue the king. But the kings oath of old you may see in Bracton, lib. 3. cap. 9. nu. 2. for the which looke in Oath of the King. The kings oath in English, you may see in the old abridgement of Statutes, titulo, Sacram. Regis. Fourthly, the kings only testimonie of any thing done in his presence, is of as high nature and credit as any Record. Whence it cōmeth, that in all writs or precepts sent out for the dispatch of Iustice, he v∣seth none other witnesse but himselfe, alwaies vsing these words vnder it, Teste me ipso.

Lastly, he hath in the right of his crowne many prerogatiues aboue any common person, be he neuer so potent or honoura∣ble: whereof you may reade your fill in Stawnf. tractate v∣pon the Statute thereof made, anno 17. Ed. 2. though that con∣taine not all by a great number. What the kings power is, reade in Bracton. lib. 2. cap. 24. nu. prim. & 2.

King of Heradls (Rex Heraldorū is an officer at Armes, that hath the preeminence of this Soci∣ety. See Herald. This officer of the Romans was called Pater Patratus.

Kings Bench (Bancus Regius) is the Court or Iudgment seate where the Kinge of England was wont to sitte in his owne person: and therefore was it mo∣ueable with the court or kings Houshould. And called Curia domini Regis, or Aula Regia, as M. Gwine reporteth in the pre∣face to his readings; and that, in that and the Exchequer, which were the only courts of the king, vntill Henry the thirds daies, were handled all maters of Iu∣stice, as well Ciuill as Criminall. whereas the court of common plees might not be so by the sta∣tute: anno 9. H. 3. cap. 11. or ra∣ther, by M. Gwins opinion, was presently vpon the graunt of the great charter seue∣rally erected. This court of the Kings bench was wont in aunci∣ent times to be especially exer∣cised in all Criminall maters & plees of the crowne, leauing the handling of priuate contracts to the cownty court. Glanuil. lib. 1. cap. 2. 3. 4. & li. 10. cap. 18. Smith de Repub: Anglicana, lib. 2. cap. 11. and hath president of it, the Lord Cheife Iustice of Eng∣land, with three or foure Iustices assistaunts, four or fiue as Fortescu saith, cap. 51. and officers there∣unto belonging, the clearke of the crowne, a Praenatory or Proto∣notari, and other sixe inferior mi∣nisters or Atturnies. Camd: Bri∣tan: pag. 112. See Latitat: How long this court was moueable, I finde not in any wrighter: But in Brittons time, who wrot In K. Ed: the 1. his daies, it appeareth it fol∣lowed the court, as M. Gwin in his said preface wel obseruethout of him. See Iustice of the Kings Bench.

Kings siluer, is pro∣perly that mony, which is due to the king in the court of com∣mon plees in respect of a licence there graunted to any man for passing a fine. Coke vol. 6. fo. 39. a. & 43. b.

Kintall of woad, iron &c. is a certaine waight of merchandize to the valew of a hundred, or something vnder or ouer, accor∣ding to the diuers vses of sundry nations. This word is mentioned

by Plowden in the case of Reni∣ger and Fagossa.

Knaue, is vsed for a man ser∣uant. a. 14. Ed. 3. stat. 1. ca. 3. And by M. Verstigans iudgemēt, in his Restitutiō of decaied intel∣ligence. ca. 10. it is borowed of the dutch (cnapa) cnaue or knaue, which signifie all one thing: and that is some kinde of officer or seruant: as (scild-cnapa) was he, that bore the weapon or shield of his superior, whom the latines call (armigerum) and the French men (escuyer.)

Knight (Miles) is almost one with the Saxon (Cnight. i. Admi∣nister) and by M. Camdens iudg∣ment, pag. 110. deriued from the same. with vs it signifieth a gen∣tleman, or one that beareth Armes, that for his vertue and especially Martiall prowes, is by the King, or one hauing the Kings authority, singled (as it were) from the ordinary sort of gentlemen, and raised to a high∣er accompt or steppe of dignity. This among all other nations, hath his name from the Horse: Because they were wont in aun∣cient time, to serue in warrs one horsbacke. The Romans called them Equites, the Italians at these daies terme them Cauallieri. The French men Cheualliers. The Ger∣man, Reiters. The Spaniard Caual∣leros, or Varoncs a Cauallo. It ap∣peareth by the statute anno 1. Ed. 2. cap. 1. that in auncient times, gentlemen hauing a full knights fee, and houlding their land by knights seruice, of the king, or other great person, might be vr∣ged by distresse, to procure him∣selfe to be made knight, when he came to mans estate for the answerable seruice of his Lorde in the Kings warres. To which point you may also reade M. Camden in his Britannia. pag. 111 But these customes be not nowe much vrged: this dignity in these dayes being rather of fauour be∣stowed by the Prince vpon the worthier sort of gentlemen, then vrged by constraint. The maner of making knights (for the dig∣nitie is not hereditarie) M. Cam∣den in his Britan. pag. 111. shortly expresseth in these words: No∣stris verò temporibus, qui Equestrem dignitatem suscipit, flexis genibus educto gladio leuiter in humero per∣cutitur. Princeps his verbis Gallicè affatur: Sus vel sois Cheualier au nom de Dieu. id est, Surge, aut, Sis Eques in nomine Dei. The so∣lemnitie of making Knights a∣mong the Saxons, M. Stow men∣tioneth in his Annals. pag. 159. See the priuiledges belonging to a knight in Fernes Glorie of Ge∣nerositie. pag. 116. Of these knights there be two sorts: one spirituall, another temporall. Cassanaeus in gloria mundi. parte 9. Considerat. 2. of both those sorts,

and of many subdiuisions, reade him in that whole part. The temporall or second sort of knights M. Ferne in his Glorie of generositie. pag. 103. maketh threefold here with vs. Knights of the sword, Knights of the Bath, and Knights of the soue∣raigne Order, that is, of the Gar∣ter: of all which you may reade what he saith. I must remember that mine intent is but to explain the termes especially of our com¦mon lawe. Wherefore such as I find mentioned in Statutes, I will define as I can. M: Skene de verb. significat. verbo Milites, saith, that in the auncient lawes of Scotland, Freeholders were called Milites. Which may seem to haue bene a custome with vs also by diuers places in Bracton, who saith, that knights must be in Iuries, which turne Freehol∣ders doe serue.

Knights of the Garter, (Equi∣tes Garterii) are an order of knights, created by Edward the third, after he had obtained ma∣ny notable victories, (king Iohn of Frannce, and king Iames of Scotland being both his priso∣ners together, and Henry of Ca∣stile the bastard expulsed out of his Realme, and Don Petro being restored vnto it by the Prince of Wales, and Duke of Aquitane, called the blacke Prince) who for furnishing of this honorable Order, made a choice out of his owne realme, and all Christen∣dome, of the best and most ex∣cellent renowned Knights in vertues and honour, bestowing this dignitie vpon them, and gi∣uing them a blew Garter, dec∣ked with gold, pearle, and pre∣cious stones, and a buckle of gold to weare daily on the left legge onely, a kirtle, gowne, cloake, chaperon, a coller, & other state∣ly and magnificall apparell both of stuffe and fashion, exquisite and heroicall, to weare at high feastes, as to so high and prince∣ly an order was meete. Of which Order, he and his successours, kings of England, were ordai∣ned to be the Soueraignes, and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo. cap. 20. I haue seene an auncient mo∣nument, whereby I am taught that this Honourable compa∣nie is a Colledge or a Corpora∣tion, hauing a common Seale belonging vnto it, and consi∣sting of a Soueraigne Gardian which is the King of England, that alwaies gouernes this order by himselfe or his Deputie, of 25. Companions called Knights of the Garter, of 14. secular Chanons that be Priests, or must be within one yeare after their admission: 13. Vicars also Priests, and 26. poore Knights, that

haue no other sustenance or meanes of liuing but the al∣lowance of this house, which is giuen them in respect of their daily praier to the Honour of God, and (according to the course of those times) of Saint George. There be also certaine officers belonging to this order, as namely the Prelate of the Garter, which office is inherent to the Bish: of Winchester for the time being, the Chaunceler of the Garter, the Register, who is alwaies Deane of Windesour. The principall King at Armes called Garter, whose chiefe fun∣ction is to manage and marshall their Solemnities at their yearely feasts and Installations. Lastly, the Vsher of the Garter, which (as I haue heard) belon∣geth to an Vsher of the Princes chamber, called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society, with certaine for∣feitures, and sometime penances for the Breakers of them; which constitutions concerne either the solemnities of making these Knights, or their duties after their Creation, or the Priuiledges belōging to so high an order, but are too large for the nature of this poore Voca∣bularie. The site of this Colledge, is the Castle of Windesoure, with the Chapel of Saint George, erected by Edward the third, and the Chapter house in the said Castell. Howbeit the year∣ly Solemnity or prosession may be, and is, by the Soueraignes direction, performed at the Court, wheresoeuer it lyeth, vpō Saint Georges day. M. Camden saith, that this order receiued great ornament from Edward the 4 See Fearns glory of Gene∣rosity. pag. 120. See Garter. Hospi∣nian in his booke de origine & progressu Monachatus, maketh mention of this honourable or∣der, terming it by ignorance of our tongue ordinem Carteriorum equitum, and Charteriorum equi∣tum. which you may reade. cap. 307. as also Bernardus Girardus in his historie, libr. 15. ca. 185.

Knights of the Bath (milites balnei, vel de balneo) are an order of Knights made within the Lists of the Bath, girded with a sword, in the ceremonie of his Creation. Ferns glorie of genero∣sity. pag. 105. These are spoken of, anno. 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind, whereby it appea∣reth, that these Knights were soe called of a Bath, into the which (after they had bine shauen and trimmed by a Bar∣ber) they entred, and thence, the night before they were Knigh∣ted, being well bathed, were taken againe by two Esquiers

commanded to attend them, dri∣ed with fine linnen cloathes, and so apparelled and ledde through many solemne Ceremonies. viz. Confessing their sinnes, watch∣ing and praying all night in a church or chappell, with many other,) to the order of Knight∣hood the next day. So that by the same reason these seemed to be termed Knights of the Bathe, by which Knights made out of the feild in these daies are cal∣led knights of the Carpet, be∣cause in receiuing their order they commonly kneele vpon a Carpet.

Knights of the order of Saint Iohn of Ierusalem (milites Sancti Io∣hannis Heirosolumitani) were o∣therwise called the Knights of the Rhodes, being an order of Knighthood, that had begin∣ning about the yeare of the Lord. 1120. Honorius then Pope of Rome. Cassanaeus de gloria mundi, parte. 9. Considerarione 4. & M. Fern. in his glorie of Ge∣nerosity: pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem, and thē in Rhodes, wheremany of thē liued vnder their Principall cal∣led the M. of Rhodes. vntill they were expelled thence by the Turke, anno 1523. sithence which time their cheife seate is at Malta, where they haue done great exploits against the Infi∣dels, but especially in the yeare 1595. These, though they had their beginning & especialest a∣bode first at Ierusalem and next in Rhodes, yet they encreased both in number and Reuenues, liuing after the order of Friers vnderthe Rule of Saint Augustine, and were dispersed into France, Spaine, Alvern, Campany, Englād, and Ireland. Of these mention is made in the stat: anno. 25. H. 8. ca. 2. & anno 26. eiusdem, cap. secundo. and it appeareth that they in England had one generall prior, that had the gouernment of the whole order within England & Scotland. Reg. orig. fol. 20. b. But toward the ende of Henrie the eights daies, they in England and Ireland being found ouer much to adhere to the B. of Rome against the King, were sup∣pressed, and their Lands and goods referred by Parlament to the Kings disposition. anno. 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described, you may reade in the Treatise intituled the Booke of Honour and Armes, lib. 5. cap. 18. written by M. Rich. Ihones.

Knights of the Rhodes, anno. 32. H. 8: ca. 24. See Knights of the or∣der of Saint Iohn.

Knights of the Temple other∣wise called Templers) Templa∣plarii

was an order of Knight∣hood created by Gelasius the Pope, about the yeare of our Lord. 1117. and so called, be∣cause they dwelt in a part of the buildings belonging to the Temple. These in the beginning dwelling not far from the Se∣pulchre of the Lord entertained Cristian straungers and Pilgrims charitably, and in their armour ledde them through the Holy Land, to view such things, as there were to be seene, without feare of Infidels adioyning. This Order continuing and increasing by the space of 200. yeares, was farre spred in Christendome, and namely here in England. But at the last, the cheife of them at Hierusalem, being (as some men say) found to fall away to the Sazarens from Christianity, and to abound in many vices, the whole Order was suppressed by Clemens quintus, which was a∣bout King Ed. the 1. daies, and their substance giuen partly to the Knights of the Rhodes, and partly to other Religious. Cas∣san: de gloria mnndi, parte 9. Con∣sid. 5. and See anno prim: Ed. 1. cap. 42. Others wright that in truth their destruction grewe from leaning to the Emperour against the Pope of Rome, what soeuer was pretended. Ioach. Stephanus De iurisdictione. lib. 4. cap. 10. nu. 18. See Templers.

Knights of the Shire (Milites Comitatus) otherwise be called Knights of the Parlament, and be two Knights, or other gen∣tlemen of worth, that are chosen in pleno Comitatu, by the free hol∣ders of euery Countie that can dispend 40. shillings per annum, and be Resient in the shire, anno 10. H, 6. cap. 2. & anno 1. H. 5. cap. 1. vpon the Kings writ, to be sent to the Parlament, and there by their counsell to assist the common proceedings of the whole Realme. These when e∣uery man that had a Knights fee, were custumarily constrei∣ned to be a Knight, were of ne∣cessity to be milites gladio cincti, for so runneth the tenour of the writ at this day. Cromptons Iu∣risdict. fol. pri. But nowe there be∣ing but fewe Knights in compa∣rison of former times, & many men of great liuing in euery county, Custome beareth that Esquiers may be chosen to this office. anno 23. H. 6. ca. 6. so that they be resient within the coun∣tie, anno H. 6. cap. 7. & anno 1. H. 5. cap. prim. For the obserua∣tions in choice of these knights, see the statutes anno 7. H. 4. cap. 15. & anno 11. eiusdem, cap. 1. & anno 6. H. 6. cap. 4. & anno 23. H. 6. cap. 15. and the new booke of Entries. verbo Parlament. nu. 1. Their expences during the Parlament are borne by the

County, anno 35. H. 8. cap. 11.

Knight Marshiall (Marescallus hospitii Regii) is an officer in the kings house, hauing iurisdiction, and cognisance of any trans∣gression within the kings house and verge, as also of contracts made within the same house, whereunto one of the house is a partie. Register orig. fo. 185. a. b. & fo. 191. b. whereof you may there reade more at large.

Knights fee, (Feudum militare) is so much inheritaunce, as is sufficient yearely to maintaine a knight with conuenient reuenew which in Henry the. 3. daies was fifteene pounds. Camdeni Britan. pag. ••11. or 680. acres of land, or 800. acres. eodem: But S. Tho∣mas Smith in his Repub. Angl. lib. pri. cap. 18. rateth it at fourtie pound. And I finde in the statute for knights anno pri. Ed. 2. cap pri. that such as had 20. pound in fee or for terme of life per annum, might be compelled to be knights. M. Stowe in his an∣nals, pag. 285. saith, that there were found in England at the time of the Conqueror 60211. Knights fees: others say 60215. whereof the religious houses be∣fore their suppression were possessed of 28015. Knights fee, is sometime vsed for the rent, that a knight payeth for his fee to his Lord, of whom he houldeth. And this is an vn∣certaine summe, some houlding by fortie shillings the sheild, some by twenty shillings as ap∣peareth by Bracton. lib. 5. tract: pri. cap. 2.

Knighten Gylde, was a Gylde in London consisting of 19. knights, which king Edgar foun∣ded, giuing vnto them a porti∣on of void ground lying without the walls of the city, now called Portesoken ward. Stow. in his An∣nals, pag. 151.

L

LAborariis, is a writ that lieth against such, as hauing not whereof to liue, doe refuse to serue, or for him that refuseth to serue in summer, where he serued in winter: orig. Register, fol. 189. b.

Laches, commeth of the French (lascher. i. laxare, or lus∣che. i. frigidus, ignavus, flaccidus) it signifieth in our common law, negligence: as no laches shalbe adiudged in the heire within age, Litleton fol. 136. and old nat. br. fol. 110. where a man ought to make a thing, and makes it not, I of his laches cannot haue an Assise, but I must take mine acti∣on vpon the case.

Lagon, See Flotzon.

Laised listes, anno i. R. 3. cap. 8.

Land tenent, anno 14. Ed. 〈◊〉〈◊〉. stat. 1. cap. 3. & anno 23. eiusdem.

cap. 1. &. 26. eiusdem, stat. 5. cap. 2. See Terre-tenent, & anno 12. R. 2. cap. 4. & anno 4. H. 4. cap. 8. it is ioyned with this word (Possessor) as Synonymon. v. anno 1. H. 6. cap. 5. See Terretenent.

Lanis de crescentia Walliae tradu∣cendis ab{que} custuma, &c. is a writ that lyeth to the customer of a porte, for the permitting one to passe ouer wolles without cu∣stome, because he hath paid cu∣stome in Wales before, Register, fol. 279.

Lapse (Lapsus) is a slippe or departure of a right of presēting to avoide benefice, from the o∣riginall patron neglecting to present within six monethes, vnto the Ordinary. For we say that benefice is in lapse or lap∣sed, wherevnto he that ought to present, hath omitted or slip∣ped his oportunitie, anno 13. Eliz. cap. 12. This lapse grow∣eth as well the Patron being ignorant of the auoydance, as priuie, except onely vpon the re∣signation of the former Incum∣bent, or the depriuation vpon any cause comprehended in the statute, anno 13. Eliz. cap. 12. Pa∣nor: in cap. quia diuersitatem. nu. 7. de concess: praebend. Rebuffus de de∣volut: in praxi beneficiorum: Lance∣lotus de collation: lib. 1. Institut. ca∣non: §. Tempus autem. In which cases the Bishop ought to giue notice to the Patron.

Larceny (Laricinium) com∣meth of the French (Larcen. i. furtum, detractio alicui) It is defi∣ned by West. parte. 2. Symbol titu∣lo Inditements, to be theft of per∣sonall goods or chatels, in the owners absence: and in respect of the things stollen, it is either great or small. Great Larceny is, wherin the things stolne, though seuerally, exceede the value of 12. pence, and petit Larceny is when the goods stolne exceede not the value of 12. pence, hi∣therto M. West. But he differeth from Bracton. lib. 3. tract. 2. c. 32. n. 1. Of this see more in Stawnf. pl. cor. l. 1. cap. 15. 16. 17. 18. 19.

Laghslite, is compounded of (lah. i. lex) and (slite. i. ruptum) and signifieth mulctam ruptae vel violatae legis. Lamb: explicat. of Saxon words, verbo Mulcta.

Last, is a Saxon word, signi∣fiing a burden in generall, as also particularly a certaine weight: for as we say a last of hering, so they say Ein last corns, last wines, &c. thence commeth lastage, which see in Lestage. A last of he∣ring conteineth 10. thousand, an. 31. Ed. 3. stat. 2. cap. 2. a last of pitch and tarre, or of ashes, conteineth 14. barrels. anno. 32. H. 8. cap. 14. a last of hides, anno 1. Iac. cap. 33. conteineth 12. dozen of hides or skins.

Latitat, is the name of a writ whereby all men in personall

actions are called originally to the Kings bench. Fitz. nat. br. fo. 78. M. And it hath the name from this, because in respect of their beter expedition, a man is supposed to lurke, and therefore being serued with this writ, he must put in securitie for his appearance at the day, for la∣titare, est se malitiosè occultare ani∣mo fraudandi creditores suos a∣gere volentes. l. Fulcinius §. Quid sit latitare. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Quibus ex causis in possessionem eatur: But to vnderstand the true original of this writ, it is to be knowne, that in auncient time, whilest the kings bench was moueable, and followed the court of the King, the custome was, when any man was to be siewed, to send forth a writ to the Shyreeue of the county where the Court lay, for the calling him in: and if the Shyreeue returned, non est in∣ventus in baliva nostra, &c. then was there a second writ procured foorth, that had these words, (testatum est eum latitare, &c.) and thereby the Shyreeue wil∣led to attach him in any other place where he might be found. Now when the tribunall of the Kings bench came to be setled at Westminster, the former course of writ was kept for a long time, first sending to the Shy∣reeue of Midlesex to summon the party, and if he could not be found there, then next to appre∣hend him wheresoeuer. But this seeming too troublesome for the subiect, it was at last de∣uised, to put both these writs in∣to one, and so originally to attache the party complained of vpon a supposall or fiction, that he was not within the coun∣ty of Middlesex, but lurking else where, and that therefore he was to be apprehended in any place else, where he was presu∣med to lye hidden, by a writ di∣rected to the Shyreeue of the county where he is suspected to be: and by this writ a man being brought in, is committed to the Marshall of that court, in whose custodie when he is, then by reason he is in the same countie where the Kings bench is, he may be siewed vpon an action in that court, whereas the original cause of apprehending him must be a pretence of some de∣ceit or contempt committed, which most properly of old belonged to the cognizance of that court. I haue bene enfor∣med, that the bringing of these actions of trespas so ordinarily to the kings bench, was an inuen∣tion of Councelers, that because onely Sergeants may come to the common plees barre, found a meanes to set themselues on worke in that court. The forme of this writ is such: Iacobus Dei

gratia Angliae, Francis, Scotiae, & Hiberniae Rex, fidei defensor, &c. Vicecomiti Cantabrigiae salutem. Cum Vicecomitinostro Midlesexiae nuper praeceperimus, quod caperet Thomam T. & Wilielmum W. si inuenti fuissent in balliua sua, & eos saluo custodiret, ita quòd haberet corpora eorum coram nobis apud Westminster die vene∣ris proximo post octavas Sanctae Trinitatis, ad respondendum Ro∣berto R. de placito trangressi∣onis; cum{que} vicecomes noster Mi∣dlesexiae, ad diem illum nobis re∣turnauerit, quod praedicti Thomas T. & Wilielmus W. non sunt inuenti in balliua sua, super quo ex part: praedicti Roberti in curia nostra coram nobis sufficienter te∣statum est, quòd praedicti Thomas & Wilielmus latitant & discur∣runt in comitatu tuo. Idcirco ti∣bipraecipimus quòd capias eos, si in∣vētifuerint in balliua tua, & eos sal∣vo custodias, it a quod habeas corpo∣ra eorum coram nobis apud West∣minster, die. Martis proximo post tres septimanas, eodem Trinitatis, ad respondendum praefato Roberto deplacito praedicto, & habeas ibi tunc hoc breve. Teste Iohanne P••pham apud Westminster. Roper.

Launcegay, anno. 7. Rich. secun∣di: cap. 13.

Law (lex) cometh of the Sax∣on (lah) the generall significatiō is plaine, only this I thought to note, that the law of this land hath beene variable. For first Dunwallo Mulmutius otherwise Molincius a Brittaine, that be∣ing Duke of Cornwall reduced the whole land formerly seue∣red by ciuile wars, into the state of a Monarchy, made certaine wholsome lawes, which long after were called Mulmutius lawes, and by Gyldas translated out of the Bryttish tongue into latine. Stow in his Annals, pag. 16. Of these there remaine yet certaine heads, recorded by our historiographers, as followeth. 1. vt Deorum templa, & ciuitates ho∣minum consequantur tantam dig∣nitatem, ne quis illò confugiens ex∣trahipossit, antequàm ab eo quem laeserat, veniam impetraverit. 2. vt huiusmods privilegium immunita∣tis habeant etiam ipsae viae, quae ducunt ad templa & ad vrbes. 3. Imo & iumenta quo{que} illa, quae res rusticae subueniunt. 4. Deni{que} colo∣norum aratra ipsa tali praerogati∣va libertatis perfruantur. 5. Hoc amplius, vt ne quaterra vacaret culturâ, neve populus inopia reifru∣mentariae premeretur, aut ea mi∣nueretur, si pecora sola occuparent agros qui ab hominibus coli dobent. 6. Constituit quot aratra quaelibet dioece sis haberet ac poenam statuit iis, per quos ille numerus aratrorum foret diminutus: 7. Item vetuit, bovem arator••m pro debito pecuniae, assignari debitoribus, si alia bonae debitoris essent. Ita fore, ne compen∣dii

causa homines pecuarii agros incultos redderent: sic etiam fore, ne quid carum rerum, quas natura prae∣bet, hominibus vsquam deesse posset. Rich. Vitus historiarum Britanniae. li. 3. nu. 1. And of these lawes we finde no obscure remanets in our lawes now in vse: See Magna charta. ca. 1: &c••. 14. See San∣ctuary. See Peace. Then was there a lawe called Merchenlage, whereby the Mercians were gouerned, being a kingdome in the heart of the land, conteining those countries, that be nowe called Northampton shire, Leyce∣ster shire, Rutland shire, Lin∣colne shire, Nottingham shire, and Derby shire. Camd. Britan. pag. 94. whose power was great in the Heptarchy of the Saxons, vn∣till at the last they were conque∣red by the west Saxons, and made subiect to them. Polydor. in Angl. Hist. lib. 5. But whereas the name of these lawes sauou∣reth of the Saxons time, it is re∣ported by others that Martia a very learned Queene and wife to Quintelinus a Britton king, was the author of them, long be∣fore the Saxons set foote in En∣gland. Rich. Vitus. histo. Britan. li. 3. nu. 14. who also saith that Al∣phred the Saxon King translated both these, and also those of Mulmutius into the English or Saxon tongue. Thirdly, there was the lawe of the west Sax∣ons, called west Saxenlage, and the lawe of the Danes when they set foote into the Realme▪ called Denelage. And of these lawes, Edward made one lawe, as some write, whereby he ruled his kingdome. But M. Camd. vbi supra, speaking nothing of Mulmutius lawes, saith out of Geruasius Tilburiensis, that of the other three William the Conque∣rour chose the best, and to them adding of the Norman lawes, such as he thought good, he ordeined lawes for our king∣dome, which we haue at this present, or the most of them.

Lawe hath an especiall signi∣fication also, wherein it is ta∣ken for that which is lawfull with vs, and not els where. As tenent by the courtesie of Eng∣land. anno 13. Ed. 1. cap. 3. and againe, to wage lawe, vadiare le∣gem, and to make lawe, facere legem. Bracton lib. 3. tract. 2. cap. 37. is to chalenge a speciall be∣nefite, that the lawe of this Realme affordeth in certaine ca∣ses: whereof the first, sc. vadiar•• legem, is to put in securitie, that he will make lawe at a day as∣signed, Glanuile lib. 1. cap. 9. and to make law is to take an oath, that he oweth not the debt cha∣lenged at his hand, and also to bring with him so many men as the court shall assigne, to a∣vowe vpon their oath, that in there consciēces he hath sworne truly. And this lawe is vsed in

actions of debt, without special∣ty, as also where a man com∣ming to the court, after such time, as his tenements for de∣fault be seised into the Kings hands, will denie himselfe to haue beene summoned, Glanuile lib. 1. cap. 9. & 12. and See Bracton vbi supra. nu. 1. v. Kitchin. fol. 164. See the newe expositi∣on of lawe Termes verbo (Ley) this is borrowed from Norman∣die, as appeareth by the grand Custumarie, cap. 8y. But Sir Ed∣ward Cooke saith, it springeth originally from the iudiciall lawe of god, li. 4. of his reports, Slades case, fol. 95. b. alleaging the 22. cap. of Exodus, versu. 7. Whether so or not, the like cu∣stome is among the Feudists: by whome they that come to purge the defendant, are called (Sacramentales.) libro feud. 1. tit. 4. §. 3. & titulo 10. & titulo. 26.

Lawe of armes (ius militare) is a law that giueth precepts & rules how rightly to proclaime warre, to make and obserue leagues & truce, to set vpon the enemie, to retire, to punish offendours in the campe, to appoint souldi∣ers their pay, to giue euery one dignitie to his desert, to diuide spoiles in proportion, and such like, for farder knowledge wher∣of, reade those that write de iure bells.

Lawe day, signifieth a leete Cromptons Iurisdict. fol. 160. and the county court, anno 1. Ed. 4. cap. 2.

Lawles man, is he qui est extra legem, Bracton lib. 3. tract. 2. cap. 11. nu. 1. See Outlawe.

Lawe of Marque, See Retri∣salles. This word is vsed anno 27. Ed. 3. stat. 2. ca. 17. and groweth from the German word March. i. limes, a bound or limite. And the reason of this appellation is, because they that are driuen to this lawe of reprisall, do take the goods of that people of whome they haue receiued wrong, and cannot get ordinary iustice, when they can catch them within their owne terri∣tories or precincts.

Lawe Merchant, is a priui∣ledge or speciall lawe differing from the common lawe of England, and proper to mer∣chants and summary in procee∣ding, anno 27. Ed. 3. stat. 8. 9. 19. & 20. anno 13. Ed. 1. stat. tertio.

Lawing of dogs (expeditatio ca∣num) See Expeditate. Mastifs must be lawed euery three yeare. Cromptons Iurisd. fol. 163.

Lease (lessa) commeth of the French (laysser. i linquere, relin∣quere, omittere, permittere:) It sig∣nifieth in our common lawe, a dimise or letting of lands or te∣nements or right of common, or of a rent or any hereditament

vnto another, for terme of yeares or of life, for a rent reser∣ued. And a lease is either writ∣ten, called a lease by Indenture, or made by word of mouth, cal∣led a lease paroll. See the newe Termes of the lawe. The party that letteth this lease, is called the leassour, and the partie to whom it is let, the leassee. And a lease hath in it sixe points: viz. words importing a dimise, a leassee named, a commence∣ment from a day certaine, a term of yeares, a determination, a reseruation of a rent. Coke vol. 6. Knights case. fol. 55. a.

Leete (leta) is otherwise cal∣led a lawe day, Smith de Republ. Anglor. lib. 2. cap. 18. the word seemeth to haue growne from the Saxon (Lethe) which as ap∣peateth by the lawes of king Edward set out by M. Lamberd. num. 34. was a court or iurisdi∣ction aboue the Wapentake or Hundred, comprehending three or foure of them, otherwise cal∣led Thryhing, and contained the third patt of a Prouince or Shire. These iurisdictions one and other be now abolished, and swallowed vp in the Countie court, except they be held by prescription. Kitchin. fol. 6. or charter in the nature of a franchise, as I haue said in (Hundred.) The libertie of Hundreds is rare, but many Lordes, together with their courts Baron, haue likewise Leetes adioyned, and thereby do enquire of such transgres∣sions, as are subiect to the enquirie and correction of this Court: whereof you may read your fill in Kitchin, from the be∣ginning of his booke to the fifth chapter, and Briton. cap. 28. But this court, in whose maner soeuer it be kept, is accompted the kings court, be∣cause the authoritie thereof is originally belonging to the Crowne, and thence deriued to inferiour persons, Kitchin fol. 6. Iustice Dyer saith, that this Leete was first deriued from the Shyreeues Turn. fol. 64. And it enquireth of all offences vn∣der high treason, committed against the Crowne and dig∣nitie of the king; though it cannot punish many, but must certifie them to the Iustices or Assise, per Statut. anno 1. Ed. 3. cap. vlt. Kitchin fol. 8. but what things bee onely inquirable, and what punishable, see Kitchu in the charge of a court Leet▪ fol. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. See also the Sta∣tute anno 18. Ed. 2. The Iurisdi∣ction of Bayliffes in the Dutchy of Normandie, within the com∣passe of their Prouinces, seemeth to be the same, or very neare the ••ame, with the power of our

Leete. cap. 4. of the grand Custu∣marie.

Legacie (legatum) is a particu∣lar thing giuen by last will and testament. For if a man dis∣pose or transferre his whole right or estate vpon another, that is called Haereditas by the Ciuili∣ans, and he to whome it is so transferred, is tearmed haeres. Howbeit our common Lawyers call him Heire, to whom all a mans lands and hereditaments doe descend by right of bloud. See Heire. See Hereditaments.

Leproso amouendo, is a writ that lyeth for a Parish, to remoue a Leper or Lazar, that thrusteth himselfe into the company of his neighbours, either in church or other publike meeting, and communeth with them to their annoyance or disturbance. Regi. orig. fol. 267. Fitz. nat. br. fol. 234.

Lestage, aliâs lastage, (lastagi∣um) proceedeth from the Sa∣xon word (last. i. onus) and is a custome chalenged in Faires & markets for carying of things. Rastals Exposition of words: or a custome chalenged in chea∣pings or Faires. Saxon in the des∣cription of England, cap. 11. Lastage. anno 21. R. 2. cap. 18. seemeth to be the Ballance of a shippe. Fleta tearmeth it Lesting, saying, quòd significat acquietantiā Lestagii. lib. 1. cap. 47. §. Lesting.

Leters of exchaunge, (literae Cambitoriae, vel litera Cambii) Regist. orig. fol. 194. a.

Leters patents (literae patentes) be writings sealed with the broad Seale of England, whereby a man is authorized to do or en∣ioy any thing that otherwise of himselfe he could not. anno 19. H. 7. cap. 7. And they be so tearmed of their forme, because they be open with the Seale han∣ging, readie to be shewed for the confirmation of the autho∣ritie giuen by them. If any will say, that leters patents may bee graunted by common persons, I will not greatly contend. For I find that to be true in Fitzh. nat. br. fol. 35. E. Howbeit they bee called rather patents in our cō∣mon speech, then Leters patents. Leters patents to make Deni∣zens. anno 32. H. 6. cap. 16. yet for difference sake, the kings leters patents be called leters pa∣tents royall. anno 2. H. 6. cap. 10. There is likewise a writ patent. Fitzh. nat. br. fol. 1. & seqq.

Leuari facias, is a writ directed to the Shyreeue, for the leuying of a Summe of money vpon lands and tenements, of him that hath forfeited a recognizance, &c. Regist. origin. fol. 298. b. & 300. b.

Leuari facias damna de disseisi∣toribus, is a writ directed to the Shyreeue, for the leauying of

dammages, wherein the dissei∣sour hath formerly beene con∣demned to the disseisee. Regist. fol. 214. b.

Leuari facias residuum debiti, is a writ directed to the Shyreeue, for the leuying of a Remanent of a debt vpon lands and tene∣ments, or chatels of the debtor, that hath in part satisfied before, Regist. orig. fol. 299.

Leuari facias quando vicecomes returnavit quòd non habuit empto∣res, is a writ commaunding the Shyreeue to sell the goods of the debtor, which he hath al∣readie taken, & returned that he could not sell them, and as much more of the debtours goods, as will satisfie the whole debt. Re∣gist. orig. fol. 300. a.

Leter of Atturney, (litera At∣turnatus) is a writing, authori∣zing an Atturney, that is, a man appointed to do a lawfull act in our steedes, West parte prim. sym∣bol. lib. 2. sect. 559. It is called in the ciuile lawe (mandatum, or procuratorium) There seemeth to be some difference betweene a leter of Atturney, and a warrant of Atturney. For where∣as a leter of Atturney is suffi∣cient, if it be sealed and deliue∣red before sufficient witnesse: a warrant of Atturney must be acknowledged and certified be∣fore such persons, as fines bee acknowledged in the country, or at the least before some Iustice or Sergeant, West. parte 2. symbol. titulo Recoveries. sect. 1. F. See the statute, anno 7. R. 2. cap. 14.

Leters of Marque. See Mar∣que and lawe of Marque. See Re∣prisals. see a. 14. Hen. 6. cap. 7.

Leters patents of summons for debt: anno 9. H. 3. cap. 18.

Leuy (Leuare) commeth of the French (Leuer. i. alleuare, attoller••) It is vsed in our common law, for to set vp any thing, as to le∣uy a mill. Kitchin, fol. 180. or to cast vp, as to leuy a ditch. Old. nat. br. fol. 110. or to gather and exact, as to leuy mony. See Leu••∣ri facias.

Libell (Libellus) literally sig∣nifieth a litle booke, but by vse it is the originall declaration of any action in the ciuill lawe, an∣no 2. H. 5. cap. 3. & anno 2. Ed. 6. cap. 13. it signifieth also a cri∣minous report of any man cast abroad, or otherwise vnlawfully published in writing, but then for difference sake it is called an in famous libel, famosus libellus.

Libello habendo. See Copia libel∣li de liberanda.

Libera Chasea habenda, is a writ Iudiciall, graunted to a man for a free chace belonging to his maner, after he hath by a Iury prooued it to belong vnto him. Register Iudiciall, fol. 36. & 37.

Liberate, is a warrant issuing out of the Chaūcery to the Trea∣surer,

Chamberlaines, and Ba∣rons of the Exchequer, or clerk of the Hamper, &c. for the pay∣ments of any annuall pension or other summes graunted vnder the broad seale. v. Brooke. titulo Taile d'Exchequer. nu. 4. orig. Reg. fol. 193. a. b. or sometime to the shyreeue. &c. n. br. f. 132. for the deliuery of any lands or goods taken vpon forfeits of a Recog∣nisaunce. Fitzh. nat. br. fol. 131. & 132. v. Coke. li. 4. Fulwods case, so. 64. 66. & 67. It is also to a Gaoler from the Iustices for the deliuery of a prisoner, that hath put in baile for his appearaunce. Lamb. Eirenarch. lib. 3. cap. 2.

Libertate probanda, is a writ that lyeth for such, as be cha∣lendged for slaues, and offer to proue themselues free, to the Shyreeue, that he take security of them for the prouing of their freedome before the Iustices of Assise, and prouide, that in the meane time they be quiet from their vexations, that chalenge them for slaues. Fitz. nat. br. fol. 77. See Natiuo habendo.

Libertatibus allocandis, is a writ that lyeth for a citizen or Burges of any citie, that contra∣rily to the liberties of the city or towne whereof he is, is implea∣ded before the kings Iustices, or Iustices errants, or Iustice of the Forest, &c. that refuseth or deferreth to allow his priuiledge Orig. Regist. fol. 262. Fitz. nat. br. fol. 229.

Libertatibus exigendis in itinere, is a writ, whereby the king wil∣leth the Iustices in eyre, to admit of an Atturney for the defence of another mans libertie, &c. before them. Regist. origin. fol. 19. b.

Libertas (libertas) is a priui∣ledge held by graunt or prescri∣ption, whereby men enioy some benefite or fauour beyond the ordinarie subiect. Liberties royal what they be, see in Bracton. lib. 2. cap. 5. Broke hoc titulo. See Franchise.

Librata terrae, containeth foure oxegangs, and euery oxegange 13. acres. Skene de verb. signif. verbo Bovata terrae. See Farding deale of land.

Licence to go to election, (Licen∣tia eligendi, Regist. fol. 294.) See Conge d'eslire.

Licence to arise, (licentia sur∣gendi) is a libertie giuen by the Court to a tenent, that is essoy∣ned de malo lecti in a reall action. For the lawe is, that in this case he may not arise out of his bed, or at least goe out of his cham∣ber, vntill he haue bene viewed by Knights thereunto appoin∣ted, and so vpon view of his sicknesse, haue a day assigned him to appeare, or else lye, vntill he be licenced by the court to arise. And the reason of this is, as I

take it, because it may appeare, whether he caused himselfe to be essoyned deceitfully yea or not: And therefore if the de∣maundant can prooue, that he be seene out of his chamber, wal∣king vp and downe his grounds, or els going abroad vnto any o∣ther place, before he be viewed or haue licence of the court, he shalbe adiudged to be deceitful∣ly essoyned, and to haue made default. Of this see Bracton, lib. 5. tract. 2. cap. 7. 10. & 12. and Fle∣ta, li. 6. cap. 10. Horne in his se∣cond booke of his mirrour, ca. des Essoines, saith that the aduerse party may graunt licentiam sur∣gendi to his aduersary thus essoy∣ned: And if he will not, the king vpon iust cause, may.

Licentia surgendi, is the writ whereby the tenent essoyned de malo lecti, obteineth liberty to rise. See Licence to arise. See the Register, fol. 8.

Licentia transfretandi, is a writ or warrant directed to the kee∣pers of the Port at Douer, &c. willing them to let some passe quietly ouer sea, that hath for∣merly obteined the kings licence thereunto, Reg. Orig. fol. 193. b.

Lieftenent (locum tenens) is a French word, signifiing as much as (Legatus) it is compounded of (Lieu. i. Locus) and (tenir. i. tenere) It signifieth with vs him, that occupieth the kings place, or representeth his person, as the Liefetenent of the Kings of Ireland. anno 4. H. 5. cap. 6. so is it vsed anno 2. & 3. Ed. 6. cap. 2. whence that officer seemeth to take his beginning. But I read al∣so in M. Manwoods first part of forest lawes. pag. 113. that the lord cheife Iustice in Eyre of the Forest: and the cheife warden also, haue their Liefetenents in the forest. So that though a Leif∣tenent be most ordinary and most properly vsed for the De∣pute of the king: yet is it some∣time extēded to ther deputes that be but Liefetenents to the King.

Liefetenent of the Ordinance, anno 39. El. ca. 7.

Liege, (ligius) is a word bo∣rowed from the Feudists, and hath two seuerall significations in our common lawe: sometime being vsed for Liege Lord. anno 34. & 35. H. 8. cap. 1. & anno 35. eiusdem, cap. 3. and som∣times for Liege man. anno 10. R. 2. cap. vnico. & anno 11. eiusdem. cap. prim. Liege Lord is he, that acknowledgeth no superiour. Duarenus in Comment. de Consue∣tud. Feudorum, cap. 4. num. 3. Liege man is he, that oweth le∣geancie to his liege Lord. M. Skene de verb. sign. verbo Lige∣antia, saith, that it is deriued from the Italian word, (liga) i. a band, league, or obligation, in whom read more of this mater.

Ligeancie, is such a duty or fealtie, as no man may owe or beare to more then one Lord. I∣dem, eodem. num. 4. I find also this definition of ligeancie in the grand Custumarie of Normandy, cap. 13. Ligeantia est, ex qua Do∣mino tenentur vasalli sui contra om∣nes homines qui mori possunt & vi∣uere, proprii corporis praebere consi∣lii & auxilii iuvamentum, & ei se in omnibus innocuos exhibere, nec ei adversantium partem in aliquo con∣fouere. Dominus etiam eosdem te∣netur regere, protegere & defensare: eosque secundum iura & consuetu∣dines, & leges patriae pertractare: this is otherwise called l••gietas, Cassan: de Consuetud: Burgund: pag. 420. & 421. This word is vsed in the statutes of our realm: as the kings liege people. anno 14. H. 8. c. 2. Of the oath of lea∣geancy, Iacobutius de Franchis in praeludio feudorum, cap. 2. nu. 138. hath these words: Praestatur hoc Ligeum Homagium in manibus Re∣gis vel imperatoris, genibus flexis, positis manibus iunctis in manibus Domini, dicendo: Ego iuro homagiū tibi Dom. vt a modo sim homo ligeus vester, contra omnem hominem, qui potest viuere: verba sunt pulchra Andr. de Isern: in cap. 1. in verbo omnem. Colum: prima. de noua for∣ma fidelita: & hoc ligeum Homa∣gium videmus praestari domino Regi tantum: quia cum per id efficiatur ho∣mo solius illius, cui iuratur, vt dixit Hostiensis in cap. ex diligenti. de Sy∣mon: alii non potest praestari. i. quia illius solius esse similiter non potest: Non〈…〉〈…〉. esse potest duorum in soli∣dum. l. si vt certo. §. si duobus ve∣hiculum. 〈◊〉〈◊〉: commodati. secundùm And: in dicto cap: 1. §. omnem. & Bald: hic in 7. diuis & Aluar. in 13. diuisione.) Non ligeum verò di∣citur, quando quis ••••rat fidelita∣tem Domino, excepta aliqua per∣sona, viz. domino superiori, vel an∣tiquiore: Hactenus Iacobutius. where you may reade more touching this point: as also in Hotomans disputations de feudis, pag. 816. fol. 820. &c.

Ligeance (Ligeantia) See Liege It sometime signifieth the do∣minions or territoritie of the Liege Lord: as anno 25. Ed. 3. stat. 2. Children borne out of the Ligeance of the King.

Lierwit est mulcta adulteriorum. Fleta li. 1. ca. 47. It is vsed for a libertie whereby a Lord cha∣lengeth the penalty of one that lyeth vnlawfully with his bond woman. See Lotherwit.

Limitation of Assise (Limitatio assisae) is a certaine time set downe by statute, within the which a man must alledge him∣selfe or his auncester to haue bin seised of lands, siewed for by a writ of Assise. See the statute of Merton, cap. 8. anno 20. H. 3. and West. 1. cap. 38. and an. 32. H. 8. c. 2. & an. 1. M. 1. p. c. 5. See also

Theloals digest of writs lib. 10. cap. 2. So it is vsed in the old. nat. br. fol. 77. in these words: the writ de consuetudinibus & seruitiis lyeth, where I or mine Aunce∣sters after the limitation of As∣sise, were not seised of the Cu∣stomes, &c. But before the Limi∣tation of Assise wee were sei∣sed, &c.

Lindwood, was a Doctor of both Ciuill and Canon lawes, and Deane of the Arches, he was Embassadour for Henry the fiueth into Portingall, anno 1422. as appeareth by the preface to his commentarie vpon the Pro∣vincialls.

Litleton, was a lawyer of great ac∣compt, liuing in the daies of Ed∣ward the fourth, as appeareth by Stawnf. praerogat: cap. 21. fol. 72. he wrot a booke of great ac∣compt, called Litletons tenoures, which Hotoman in his commen∣tary de verbis feudalibus. verb. Foe∣dum, thus commendeth. Stepha∣nus Pasquerius excellenti vir inge∣nio, & inter Parisienses causidicos di∣cendi facultate praestans, libellum mihi Anglicanum Litletonum de∣dit, quo Feudorum Anglicorum lu∣ra exponuntur, ità inconditè, absur∣de, & inconcinnè scriptum, vt facilè appareat verum esse, quod Polidorus Virgilius in Anglica historia scribit, stultitiam in eo libro cum malitia & calumniandi studio certare.

Literae ad faciendum attorna∣tum pro secta facienda: see in the Regist: originall, fol. 172. Literae de annua pensione, eodem, 266. & 307. Litera patens ad faciendum generalē atturnatum quia infirmus, eodem, fol. 21. Litera per quam do∣minus remittit curiam suam Regi, eodem. fol. 4. Literae de requestu, eo∣dem, fol. 129. Literae canonici ad ex∣ercendam iurisdictionem loco suo, fo. 305. Literae patentes ad conferendum beneficta, domino in remotis agente. fol. 305. Literae ad innote scēdum re∣cuperationem Regis de ecclesia omnibus quorum interest, fol. 305. Literae patentes regis quod Ab∣bas ad totam vitam suam possit facere Atturnatos generales, f. 21. Literae procuratoriae; fol. 205. 306. Literae Regia deprecatoriae pro an∣nua pensione, fol. 307. All these you may see in their places, & vnderstand the meaning of them, as occasion shall re∣quire.

Liverie (Liberatura) is drawne from the French (••••vree i. insigne, gestamen, Centuriale discrimen, no∣ta centurialis, turmalis) or els from (livrer. i. tradere) and accor∣dingly hath 3. significations. In one it is vsed for a suite of cloth or other stuffe, that a gentleman giueth in coates, cloakes, hats or gownes, with cognisaunce or without, to his seruants or fol∣lowers, anno 1. Rich. 2. cap. 7. & anno 20. eiusdem, cap. 1. & 〈◊〉〈◊〉. & anno 7. H. 4. ca. 14. &

anno 8. Ed. 4. ca. 2. & anno 7. e∣iusdem, ca. 14. & anno 13. eiusdem, ca. 3. & a. 8. H. 6. ca. 4. & anno 8. Ed. 4. ca. 3. & anno 3. H. 7. ca. 1. & 12. & anno 11. eiusdem, ca. 3. & anno 19. eiusdem, cap. 14. In the other signification, it beto∣keneth a deliuery of possession vnto those tenents, which hould of the king in capite, or in knights seruice: for the king by his pre∣rogatiue hath primier seysini (or the first possession) of all lands and tenements so houlden of him. anno 52. H. 3. cap. 16. & an. 17. Ed. 2. cap. 3. that is, when any such tenent dyeth, the king foorthwith entreth, and holdeth it vntill the heire do his ho∣mage, and so pray his land to be deliuered vnto him. Which act in the king is called Liuerie: and liuerie in this signification is either generall or speciall. Stawn. praerog. fol. 12. & cap. 3. Liuerie generall seemeth to be that, which is made in general words, and therefore may easily be missued. Liuerie speciall is that, which containeth in it a pardon of ouersights committed by the tenent in siewing out his liuerie, by which pardon the missuing is dispensed with. Stawnf. pag. 67 cap. Trauers. 20. See the Institutes and grounds of the common lawe. cap. 30. of generall and speciall liueries. Liuerie in the third signification is the writte which lyeth for the heire to ob∣taine the possession or seisin of his lands at the kings handes: which see in Fitz. nat. br. fol. 155.

Liuerie of seisin (deliberatio sei∣sinae) is a deliuerie of possession of land or tenement, or other things corporeall, (for of things incorporeall no liuerie of seisin may be) vnto one that hath right or a probabilitie of right vnto them. For as Bracton saith: Tra∣ditio debet esse vestita & non nuda, sc. quòd traditione praecedat vera causa vel putatiua, qua tran∣seat Dominicum. lib. 2. cap. 18. num. 3. West parte prim. symbol. li. 2. sect. 196. calleth this a cere∣monie in the common lawe, vsed in the conueyance of lands or tenements, &c. where you may see the vsuall forme hereof par∣ticularly set downe, whereunto ioyne the new exposition of law tearmes.

Lieutenent. See Lieftenent.

Lieutenent of the tower, seemeth to haue bene an officer vnder the Constable. anno Henr. 4. cap. 15.

Locus partitus, signifieth a di∣uision made betweene 2. townes or counties, to make triall in whether the land or place in question lieth. Fleta lib. 4. cap. 15. num. 1.

Locall (localis) signifieth in our common lawe, as much as tyed or annexed to a place cer∣taine: Example: the thing is lo∣call

and annexed to the Free-hold. Kitchin fol. 180. and a∣gaine in the same place: An a∣ction of trespasse for battery, &c. is transitorie and not locall: that is, not needfull that the place of the batterie should bee set downe as materiall in the decla∣ration: or if it be set downe, that the defendant should tra∣uerse the place set downe, by saying, he did not commit the batterie in the place mentioned in the declaration, and so auoide the action. And againe, fol. 230. the place is not locall: that is, not materiall to be set down in certaintie. And the gard of the person and of the landes differeth in this, because the person being transitorie, the lord may haue his rauishment de garde, before he be seised of him, but not of the land, because it is locall. Perkins Graunts 30.

Lobbe, is a great kinde of north sea fish. anno 31. Ed. 3. stat. 3. cap. 2.

Lodemanage, is the hire of a Pilot for conducting of a ship from one place to another.

Loichfish, as Lob. Ling. Cod. an∣no 31. Ed. 3. stat. 3. cap. 2.

Lode works, is one of the works belonging to the Stannaries in Cornwall: for the which reade M. Camdens Britan: in his title of Cornwal. pa. 119. See Streme work.

Lollards (Lollards) were in ac∣compt and reputation of those times, Heretiks that abounded heere in England, in the daies of Edward the third, and Henry the fifth. anno 2. H. 5. cap. 7. where∣of Weekleife was the cheife, as Stowe saith in his Annalls: pag. 425. who by his report, went barefooted and baslely clothed, to wit in base russet garments downe to the heeles: they preach∣ed, and especially against Monks and other religious men. Of these reade more in him and o∣thers that writ of those times. The name Lindwood deriueth a lolio: quia sicut lolium inficit se∣getes: sic Lollardi multociens infici∣unt fideles simplices inter quos con∣uersantur. in ca. finali: de Haereticis verbo Lollardiae: But Tritemius in his chronicle, deduceth the name from one Gualter Lolhard a Ger∣man as the first author of that sect, liuing about the yeare of our redemption. 1315.

Lord (Dominus) by M. Cam∣dens opinion, is a contract (of Lafford) which is the Danish word for Dominus. It is a word of honour with vs, and is vsed di∣uersly. Sometime being attribu∣ted to a man, that is noble by birth or creation, which sort are otherwise called Lords of the Parlament. Sometime to those that be so called by the courtesie of England, as all the sonnes, of a Duke, or the eldest sonne of an

Earle. Sometime to men hono∣rable by office, as lord chiefe Iu∣stice, &c. and sometime to a meane man that hath fee, and so consequently the homage of te∣nents within his maner. For by his tenents he is called Lord, and by none other, and in some places, for distinction sake, he is called Landlord. It is vsed neuer∣thelesse by the Writers of the common lawe, most vsually in this signification. And so is it diuided into lord aboue, and lord mesn: lord mesn, is he that is owner of a maner, and by vertue thereof hath tenents hol∣ding of him in fee, and by copy of court rolle, and yet holdeth himselfe ouer of a superiour Lord: who is called lord a∣boue, or lord Paramount, old nat. br. fol. 79. Although I thinke none simply to be accounted lord Paramount, but the Prince: because all hold either medi∣ately or immediatly of him, and he of none. In this significa∣tion I likewise reade Very lord, and Very tenent. eod. fol. 42. & Broke titulo Heriot. num. 1. where (I thinke) very lord, is he which is immediate Lord to his tenent: and him to be very tenent to that Lord, of whom he immedi∣ately holdeth. So that if there be lord aboue, lord mesn, and te∣nent, the lord aboue is not very lord to the tenent, nor the tenent very tenent to the lord aboue.

Lord in grosse. Fitz. nat. br. fol. 3. is he that is lord hauing noe maner, as the king in respect of his crown. idem, f. 5. F. See him also, fol. 8. A. B. where I finde a case wherein a priuate man is lord in grosse. viz. a man maketh a gift in tayle of all the land hee hath, to hold of him and dyeth: his heire hath but a Seignorie in grosse.

Lorimers. anno 1. R. 3. cap. 12. is one of the companies in London, tha makeht bits for bri∣dles of horses and such like. The name seemeth to be taken from the latine (lorum) and is else where writen Lorinors.

Lotherwit, aliâs Leyerwit, is a libertie or priueledge to take amends of him that defileth your bondwoman without li∣cence, Rastall: exposition of words. It is an amends for lying with abondwoman. Saxon in his description of England. cap. 11. Some thinke it should be rather writen (Legerwit) For (Leger) is the Saxon word for a bedde, or (Logherwit) of the old word (Logher) being of the same signification. See Bloodwit and Lyerwit.

Lusernes, See Furre.

Lushoborow, is a base coine vsed in the daies of King Ed. the 3. coined beyōd Seas to the like∣nes of English money, and

brought in to deceiue the King and his subiects. To auoide the which it was made treason for any man wittingly to bring in any such. an. 25. Ed. 3. stat. 4. cap. secundo.

M

MAcegriefs. aliâs Macegrefs. be such as willingly buie and sell stolen slesh, Britton, cap. 29. fo. 71. b. Cromptons Iustice of peace. fo. 193. a.

Magna assisa eligenda, is a writ directed to the Shyreeue, to summon foure lawful knights before the Iustices of Assise, there vpon their oathes to chuse 12. knights of the vicenage, &c. to passe vpon the great assise betweene A. plaintife and B. de∣fendant, &c. Register originall, fol. 8. a.

Magna Charta, called in English the great charter, is a charter conteining a number of lawes ordained the ninth yeare of Henry the third, and confir∣med by Edward the first. The reason why it was tearmed Magna charta, was either for that it conteined the summe of all the writen lawes in Eng∣land, or else that there was a∣nother Charter called the Char∣ter of the Forest, established with it, which in quantitie was the lesser of the two. I reade in Holinshed, that King Iohn to ap∣pease his Barons, yelded to lawes or articles of gouernment much like to this great Charter, but wee nowe haue noe aun∣cienter writen lawe, then this, which was thought to be so be∣neficall to the sublect, and a lawe of so great equitie in comparison of those, which were formerly in vse, that K. Henry the third was thought but hardly to yeld vnto it, and that to haue the fifteenth peny of all the moueable goods both of the spiritualtie and temporaltie throughout his realme. Holinshed in Henry the third. And though this Char∣ter consist not of aboue 37. chapters or lawes: yet is it of such extent, as all the lawe wee haue, is thought in some sort to depend of it. Polydorus and Ho∣linshed, vbi supra.

Mahim (Mahemium) com∣meth of the old French (Me∣haigne) as M. Skene saith, de ver∣bo. signif. verbo Machanium, and signifieth a corporal hurt, where∣by a man looseth the vse of any member, that is or might bee any defence vnto him in batel. The Canonists call it membrima∣tilationem, as the eye, the hand, the foote, the scalpe of the head, his foretooth, or, as some say, of any finger of his hand, Glanuile lib. 14. ca. 7. See

Bracton at large, lib. 3. tracta. 2. cap. 24. nu. 3. and Britton cap. 25. and Stawnf. pl. cor. lib. pri. ca. 41. and the newe exposition of law Termes, and the Mirrour of Iu∣stices, cap. d'homicid. The grand Custumarie of Normandie, cap. 6. calleth it Mahaignium, and defi∣neth it to be enormem laesionem. All agree that it is the losse of a member, or the vse 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 reade more of this point. But if you will see it largely discussed, look Vgolinus de irregularitatibus, ca. 4. §. 3. 4. 5. also read M. Skene vbi supra.

Mainour, aliâs Manour, aliâs Meinoure, seemeth to come of the French (Manier. i. manu tra∣ctare, attrectare) or els of (Ame∣uer. i. abducere). It signifieth in our common lawe, the thing that a theefe taketh away or stealeth: as to be taken with the mainor. pl. cor. fol. 179. is to be taken with the thing stolen a∣bout him: and againe, fol. 194. It was presented that a theefe was deliuered to the Vicount toge∣ther with the Mainor: & third∣ly, fol. 186. If a man be indited that he feloniously stole the goods of another, where, in truth, they bee his owne goods, and the goods bee brought in∣to the court as the manour, and it be demaunded of him, what hee saith to the goods, and he disclaime them: though he be quitted of the felonie, he shall loose the goods, and againe. fol. 149. if the defendant were ta∣ken with the manour, and the manour bee caried to the court, they in auncient times would arraine him vpon the manour, without any appeale or inditement. I find this word v∣sed in the old. nat. br. fol. 110. in this sort: where a man maketh a thing by mainour, or leuying, or estopping, in such case he shall haue Assise. where it sig∣nifieth handie labour, and is but an abbreviation of Main∣ov∣rey.

Mainovre, see Minouerye.

Mainprise (Manucaptio) is compounded of two French words (Main. i. manus) & (prins. i. captus) which is a participle of the verbe) prendre i. capere, excipere, captare) It signifieth in our common lawe, the taking or receiuing a man into friendly custody, that otherwise, is or might bee committed to the mercie of the prison, vpon secu∣ritie giuen for his forth com∣ming at a day assigned: as to let one to mainprise. old nat. br. fol. 42. is to commit him to them, that vndertake his apparence at

the time appointed. And they that do thus vndertake for any, are called Mainpernouns, because they do receiue him into their hands. pl. cor. fol. 178. Of this sort is the word (Mainpernable) which signifieth him that hath committed such an offence, as by law he may be thus bayled. For in many cases a man is not mainpernable: whereof see Broke, titulo Mainprise, per totum. and Fitz. nat. br. fol. 249. & seqq. M. Manwood in the first part of his Forest lawes. pag. 167. maketh a great difference betweene Bayle and Mainprise. For he that is mainprised (quoth he) is al∣wayes said to be at large, and to goe at his owne libertie out of ward, after the day is set to mainprise, vntill the day of his appearance, by reason of the said common summons or o∣therwise. But otherwise it is, where a man is let to bayle to foure or two men, by the lord Iustice in eyre of the Forest, vntill a certaine day. For there he is alwayes accounted by the lawe to be in their ward and custody for the time. And they may, if they will, keepe him in ward, or in prison all that time, or other∣wise at their will. So that he that is so bayled, shall not be said by the lawe to be at large, or at his owne libertie. Thus farre M. Manwood. The myrror of Iustices maketh a difference also be∣tweene pledges and mainper∣nours, saying, that pledges are more generall, & that mainper∣nours are bodie for bodie. lib. 2. cap. de trespasse venial. and lib. 3. cap. des pledges & mainpernours. When mainprises may be gran∣ted, and when not, see Cromptons Iustice of peace. fol. 136. &c. vsque 141. and Lamberd. Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges & main∣pernours: the author of the Myr∣ror of Iustices saith, that pled∣ges bee those, that bayle or redeeme any thing but the bo∣dy of a man, and that main∣pernours be those, that free the body of a man. And that pled∣ges therefore belong properly to reall and mixt actions, and mainpernours to personall.

Maintenance (manutentio vel manutenentia) is a French word, and signifieth an vpholding of a cause or person, metaphorically drawne from the succouring of a young child, that learneth to goe, by ones hand. In our common lawe, it is vsed in the euill part, for him, that secon∣deth a cause depending in suite betweene others, either by len∣ding of mony, or making friends for either partie, toward his help. anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Mainte∣nance,

and when not, see Broke, titulo Maintenance: and Kitchin, fol. 202. & seqq. and Fitz. nat. br. fol. 172. and Cromptons Iuris∣dict. fol. 38. The writ that lyeth against a man for this offence, is likewise called Maintenance. Termes of the lawe. verb. Main∣tenance. Speciall maintenance Kitchin, fol. 204. seemeth to bee maintenance most properly so tearmed. Of this see Cromptons Iustice of peace. fol. 155. b. and the new booke of Entries. verbo, Maintenance. Maintenance, vid. Nouos terminos Iuris.

Make (facere) signifieth in the common lawe, to performe or execute: as to make his lawe, is to performe that lawe which he hath formerly bound himselfe vnto, that is, to cleare himselfe of an action commenced against him by his oath, and the oathes of his neighbours. Old nat. br. fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists, who call these men that come to sweare for ano∣ther in this case, Sacramentales. Of whom thus saith Hotoman in verbis foundal. Sacramentales a sa∣cramento i. iuramento diccbantur ••i, qui quamuis res, de qua ambige∣batur, testes non fuissent, tamen ex eius, cuius res agebatur, animi sen∣tentia, in eadem quae ille verba iu∣rabant: illius vide licet probitate & innocentia confisi. Nam tum demum adhibebantur, cùm testes nulli exta∣rent. See the rest. The formall words vsed by him that maketh his lawe, are commonly these. Heare O ye Iustices, that I doe not owe this summe of money demaunded, neither all nor any part thereof, in maner and forme declared, so helpe me God, and the contents of this booke. To make seruices or custome, is no∣thing else but to performe them. Old. nat. br. fol. 14. To make oath, is to take an oath.

Maletent, in the Statute cal∣led the Confirmation of the li∣berties of &c. anno 29. Ed. prim. cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll. Stow in his An∣nals calleth it a Maletot. pag. 461 See also the Statute (de tallagio non concedendo) an. 34. eius. stat. 5.

Malin. See Marle.

Manbote signifieth a pecunia∣ry compensation for killing of a man. Lambard in his exposition of Saxon words. verbo Aestima∣tio. Of which reade Roger Houe∣den also, in parte poster. suorum an∣nal. fol. 344. a. b.

Mandamus, is a writ, that ly∣eth after the yere and day, wher∣as in the meane time the writ cal∣led (diem clausit extremum) hath not bene sent out to the Exchea∣tour, for the same purpose, for the which it should formerly haue bene sent forth. Fitzh. nat.

br. fol. 253. B. See Diem clausit extremum. Mandamus is also a charge to the shyreeue, to take into the kings hands, all the lands and tenements of the kings wi∣dowe, that against her oath for∣merly giuen, marieth without the kings consent. Register. fol. 295. b. See Widow.

Mandatum, is a commaund∣ment iudiciall of the king or his Iustices, to haue any thing done for the dispatch of iustice, wher∣of you shall see diuersity in the table of the Register iudiciall. verbo Mandatum.

Maner (Manerium) seemeth to come of the French (manoir. i. domicilium, habitatio) M. Skene. de verbo. significatione. verbo Maneri∣um, saith it is called Manerium, quasi Manurium, because it is la∣boured with handy worke by the Lord himselfe. It signifieth in our common law, a rule or go∣uernmēt, which a man hath ouer such as hould land within his fee. Touching the originall of these maners, it seemeth that in the beginning, there was a cer∣taine compasse or circunt of ground, graunted by the king vn∣to some man of worth (as a Ba∣ron or such like) for him and his heires to dwell vpon, and to ex∣ercise some iurisdiction more or lesse within that compasse, as he thought good to graunt, per∣forming him such seruices, and paying such yearely rent for the same, as he by his graunt requi∣red: and that afterward this great man parcelled his land to other meaner men, inioyning them a∣gaine such seruices and rents, as he thought good, and by that meanes, as he became tenent to the king, so the inferiours be∣came tenents vnto him. See Per∣kins Reseruations 670. and An∣drew Horns booke intituled the mirrour of Iustices li. 1. ca. du. Roy Alfred. See the definition of a Maner. Fulb. fol. 18. And this course of benefiting or reward∣ing their nobles for good ser∣uice, haue our kings borowed from the Emperours of Rome, or the Lombard kings, after they had setled themselues in Italy, as may well appeare by Antonius Contius in methodo feudorum, c. i. de origine, & libris Feudorum. And I finde that according to this our custome, all lands houlden in fee throughout Fraunce, are diui∣ded into Fiefz and arrierfiefz: whereof the former are such as are immediatly graunted by the king, the secōd such as the kings feudataries doe againe graunt to others. Gregorii Syntagm. lib. 6. an. 5. nu. 3. But the inconstancy of mans estate, and the mutability of time, hath brought to passe, that those great men, or their po∣sterity, haue alienated these Mansions and lands so giuen

them by their Prince, and others that had none, haue by ther welth purchased many of them: and a∣gaine that many for capitall offences haue forfeited them to the king, and that thereby they still remaine in the crowne, or are bestowed againe vpon o∣thers: so that at these daies ma∣ny be in the hands of mean men, such as by their skill in lawe or phisicke, by merchaundize, graz∣ing, or such other good husban∣dry, haue gathered welth, and inabled themselues to purchase them of those, that by discent receiued thē from their ancestors in greater aboundance, then wit to keepe them. But who so euer possesseth these maners, the li∣berty belonging vnto them is reall and prediall; and therefore remaineth still, though the ow∣ners be changed. In these daies a maner rather signifieth the Iuris∣diction and royalty incorporeal, then the land or site. For a man may haue a maner in grosse (as the law termeth it) that is, the right and interest of a court Ba∣ron, with the perquisites thereun∣to belonging: and another or o∣thers haue euery foote of the land thereunto belonging. Kit∣chin. fol. 4. Brooke hoc titulo per to∣tum. Bracton, lab: 4. ca. 31. nu. 2. diuideth manerium, in capitale & non capitale. See Bracton lib. 5. tracta. 5. ca. 28. nu. pri. See Fee: The new expositor of law terms saith, that Manour is a thing compounded of diuers things, as of a house, land earable, pasture, meadow, wood, rent, advouzen, court Baron, and such like. And this ought to be by long conti∣nuance of time, to the contrary whereof mans memory cannot discerne, &c.

Mansion (Mansio) as Eracton defineth it, lib. 5. cap. 28. nu. pri. is a dwelling, consisting of one or more houses without any neighbour. And yet he graunteth forthwith, that Mansio Mansioni possit esse vicinata. I finde it most commonly vsed for the lords cheife dwelling house within his fee, whether it haue neighbours adioyning or not, otherwise cal∣led the capitall mesuage. Bracton. li. 2. c. 26. or the cheife maner place. Mansio amongst the aun∣cient Romans, was a place ap∣pointed for the lodging of the Prince or souldiers in their iour∣ney, furnished with conuenient entertainement by the neigh∣bours adioyning. And in this sence we reade primam mansio∣nem, for the first nights lodging, and so in order. It is probable that this word (Mansion) doth in some construction signifie so much land, as Beda calleth fami∣liam in his ecclesiasticall history. For Master Lambert in his ex∣plica. of Saxon words, ver. Hida

terrae, saith, that that which he calleth familiam, others sithence call Manentem vel Mansam. (Mansus and Mansum) I reade of in the Feudists, which as Hotoman saith, in verbis feuda∣libus, est neque domus, neque area, neque hortus, sed ager certi modi ac mensurae. And againe, in Commen∣tarus feudorum, lib. p. tit. 4. vers. de Manso. Agri deserti & inculti certa mensura dabantur cultoribus quasi in emphyteusin, vt culti & meliora∣ti, feudi iure a vasallis possiderentur. In contractu autem vasalls non∣nunquam incrementum. i. meliorati∣onem omnem sibi recipiebant, siue per culturam, siue per inaedificatio∣nem ea melioratio fieret, &c. And Cassanaeus de consuet. Burg. pag. 1195. defineth it thus: Mansus est, quantum qu is cum vno pari boum laborare possit. prouing it out of Bartolus, in li. si ita. 〈◊〉〈◊〉. de auro & argen. legato: in fine legis. Reade M. Skene de verbo. sign. verbo Mansus. I reade the latine word (Mansia) in the same significati∣on, as namely in the charter graunted by King Kanulphus to Ruchin the abbot of Abingdon, which Sir Edward Cooke setteth downe in his booke de iure Re∣gis ecclesiastico.

Manslaughter (Homicidium) is the vnlawfull killing of a man, without prepensed malice: as when two, that formerly meant no harme one to the other, meet togither, and vpon some sodaine occasion falling out, the one killeth the other. West par. 2. symb. titulo Inditements. sect. 44. It diffe∣reth from murder, because it is not done with foregoing ma∣lice: & from chauncemedly, be∣cause it hath a presēt intēt to kill. And this is felony, but admitteth clergie for the first time. Stawnf. pl. cor. lib. 1. cap. 9. and Brit∣ton ca. 9. It is confounded with murder in the statute, anno 28. Ed. 3. ca. 11.

Mantyle (Mantile) commeth of the French (Manteau) and signifieth with vs a long roabe, anno 24. Hen. 8. cap. 13.

Manucaptio, is a writ that lyeth for a man, who taken for supition of felony, and offe∣ring sufficient Bayle for his ap∣pearance, cannot be admitted thereunto by the Shyreeue, or other hauing power to let to mainprise. Fitzh. nat. br. fol. 249. See Mainprise. How diuersly it is vsed, see the Register originall, in the table.

Manuel (Manualis) is a thing whereof present profit may be made. Stawnf. praerogat. fol. 54. And a thing not manuell is that, whereof no present profit may be made, but hereafter, when it falleth, ibid.

Manumission (Manumissio) is a freeing of a villein or slaue out of his bondage. The forme of

this in the time of the Conque∣rour, M. Lamb. in his 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. fol. 126. setteth downe in these words: Si quis velit seruum suum liberum facere, tradat eum vice-comiti, per manum dexteram, in pleno comitatu, & quietum illum clamare debet à iugo seruitutis suae per manumissionem: & ostendat ei liberas portas, & vias, & tradat illi libera arma, scilicet lanceam & gladium: & deinde liber homo effi∣citur. Some also were wont to be manumitted by charter of manumission. vide Brooke, titulo Villenage. fol. 305. The newe ex∣positour of lawe Termes ma∣keth two kinds of manumissi∣on: one expressed, an another implied. Manumissiō expressed is, when the Lord maketh a deede to his villein to infranchise him by this worde (Manumittere) The maner of manumitting in old time was thus: The Lord in pre∣sēce of his neighbours tooke the bondman by the head, saying: I will that this man be free, and therewith shoued him for∣ward out of his hands. Manumission implied, is, when the Lord maketh an obligation for paiment of mo∣ny to him at a certaine day, or sieweth him, where he might enter without suite, or granteth him an annuitie, or leaseth land vnto him by deede, for yeeres, or for life, and such like.

Manutenentia, is the writ vsed in case of maintenance, Register originall, fol. 182. & 189. See Maintenance.

Marches (Marchia) be the bounds and limits betweene vs and Wales, or betweene vs and Scotland. anno. 24. Henry 8. cap. 9. Camd. pag. 453. & 606. and the marches of Scotlād are deuided into west and midle marches anno 4. H. 5. ca. 7. & anno 22. Ed. 4. cap. 8. It seemeth to bee borowed from the German (March. i. limes) Camd. Britan. pag. 27. or it may be from the French (Marque. i. signum) being the notorious distinction of two diuers countries or territo∣ries. It is vsed in the statute anno 24. Hen. 8. ca. 12. generally for the precincts of the Kings do∣minions.

Marchers, be the noble men dwelling on the Marches of Wales or Scotland: who in times past (as M. Camden saith, pag. 453.) had their priuate lawes, much like as if they had beene Kings, which now be worne out. Of these Marchers you may reade, anno 2. H. 4. cap. 18. & an∣no 26. Hen. 8. cap. 6. & anno 1. Ed. 6. cap. 10. where they are called Lord Marchers. See anno 27. Hen. 8. cap. 26. howe these were extinguished.

Mareshall (Mariscallus) is a French word, signifying as much

as Tribunus Celerum, or Tribunus militum with the auncient Ro∣manes, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 with the Grecians, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Tiraquel. de Nobilitate, ca. 8. p. 42. nu. 17. The french word may seeme also (a∣mong many other that they haue, to proceede from the Ger∣man Marschalk. i. equitum magi∣ster. which Hotoman in verbis feu∣dalibus, verbo Marschalkus, deri∣ueth from the old word (March) signifiing a house, with whome agreeth Lupanus, de Magistrati∣bus Eranciae, lib. pri. ca. Marcshal∣lus. Others make it of these two Saxon words. (Mar. i. equus and scalch. i. praefectus) or as M. Verste∣gan saith, from (Mare) the gene∣rall appellation of all horses, as hors) is now in Englishe, and (Scalc) which, in the auncient language of the Netherlanders, he affirmeth to signifie a kind of seruant, as Scalco, doth at this day among the Italians, being originally a Dutch word. with vs there be diuers officers of this name: but one most noble of all the rest, who is called Lord or Earle Marshall of England, of whome mention is made in diuers statutes, as anno. 1. H. 4. ca. 7. & 14. & anno. 13. Rich. 2. ca. 2. His office consisteth especially in maters of warre and armes, as well with vs as in other countries. whereof you may reade in Lupanus vbi supra. and Tilius. li. 2. ca. de Conestabili, Mariscallo. &c. But he that will knowe the office of our Lord Marshall, had neede beside the fewe statutes which concerne him, to read his commission, and also to haue acces to the Heradls, who out of their antiquities are able to discouer much, that by prescription belongeth vn∣to this office. The next to this is the Marshal of the Kings house, whose especiall authoritie is, ac∣cording to Britton and M. Gwin in the preface to his reading, in the Kings place to heare and determine all plees of the Crowne, and to punish faults committed within the verge, & to heare and determine suites betweene those of the kings houshold, and others within the verge. Cromptons Iurisdict. fol. 102. of him you may reade Fitzh. nat. br. fol. 241. B. and anno. 18. Ed. 3. statut. 2. ca. 7. & anno 27. Ed. 3. stat. 2. c. 6. & an. 2. H. 4. c. 23. & a. 15. H. 6. c. 1. Fleta saith, that the office of the Marshall of the kings house belongeth to the Earle of Northf. in fee, and that he may appoint (with the Kings consent) a Knight vnder him to execute the office. which office he also describeth to be especi∣ally to execute the iudgements & decrees of the Steward, & to haue the keeping of the priso∣ners. li. 2. cap. 4. and read farder of his office in the 5. chapter

of the said booke, which is to dispose of the Lodging in the Kings houshold vnder the Chamberlaine, and to cleere the Verge of strumpets, &c. anno 5. Hen. 3. statut. 5. Then be there other inferiour officers of this name: as Marshall of the Iusti∣ces in Eyre, anno 3. Ed. 1. ca. 19. Marshall of the Kings bench, anno 5. Ed. 3. ca. 8. and this is he which hath the custodie of the prison, called the Kings bench in Southwarke. Fitzh. nat. br. fol. 251. I. And these inferiour Mar∣shalls be either ad placitum, or in fee, Kitchin. fol. 143. I finde also in Fleta li. 2. ca. 15. mention of a Marshall of the Kings hall, whose office is, when the tables be prepared and clothes laide, to call out both those of the hous∣hold and straungers, according to their worth, and decently to place them, to reiect vnworthy persons, to knowe the number of the hall, and to testifie it at the next accompt, to see dogs kept out, to saue the almes from filching, to see filence kept, and euery man competently serued with meate and drinke, and when the courte remoueth, to appointe euery one of the hous∣hold his lodging. There is also a Marshall of the esche quer, an∣no. 51. H. 3. sta. 5. to whome the courte committeth the custody of the kings debters during the terme time, to the end they may be farder imprisoned, if they cleere not their debts. He also assigneth Shyreeues, escheators, customers, and collectors, their auditours before whome they shall accompt. He hath all inqui∣sitions taken before escheators virtute officii, deliuered vnto him, to be deliuered by him to the treasurers Remembrancer.

Mareshalsee (Marescaltia) is the Court of the Marshall or (word for word) the seate of the Mar∣shall, of whome see Cromptons Iu∣risdict. fol. 102. It is also vsed for the prison in Southwarke, the reason whereof may be, because the Marshall of the kings house was wont perhaps to sit there in iudgment. See the statute anno 9. R. 2. cap. 5. & anno 2. Hen. 4. ca. 23.

Martiall lawe, is the law that dependeth vpon the voice of the king, or the kings leiuetenent in warres. For how be it, the king for the indifferent and equall temper of lawes to all his sub∣iects, doe not in time of peace make any lawes but by the con∣sent of the three estates in Par∣lament: yet in warres by reason of great daungers rising of small occasions, he vseth absolute pow∣er: in so much as his word goeth for law. And this is called Marti∣all law. Smith de repub: Angli: li. 2. c. 3. See Law of armes.

Mariage (Maritagium) signi∣fieth not onely the coupling to∣gether of man and wife, but also the interest of bestowing a ward or a widow in mariage. Magna charta, ca: 6. anno 9. He. 3. and Bracton lib. 2. ca. 3. and also it signifieth land giuen in mariage, Bracton li. 2. ca. 34. & 39. And in this signification the same au∣thour saith, that Maritagium est aut liberum aut seruitio obligatum. li. 2. ca. 7. nu. 3. & 4. Liberum maritagium dicitur, vbi donator vult, quòd terra sic data, quieta sit & libera ab omni seculari serui∣tio, quod ad Dominum feudi possit pertinere; et ita quòd ille, cui sic da∣ta fuerit, nullum omninò inde faciat seruitium vs{que} ad tertium haeredem, & vs{que} ad quartum gradum: ita quòd tertius heres sit inclusivus. See the rest. See also Skene de verbo. signi∣ficatione, verbo Maritagium, who is worth the reading.

Maritagio amisso per defaltam, is a writ for the tenent in frank mariage, to recouer lands, &c. whereof he is deforced by another. Regist. fol. 171.

Maritagio forisfacto, is a writ. See Forisfactura Maritagii.

Marke, (merca) commeth of the Saxon (Mearc) which sig∣nifieth a peece of mony worth thirty siluer pence. Lamb. ex∣plicat. of Saxon words. verbo, Mancusa: what it now signifieth in our coyne euery man know∣eth. But in auncient times I find a merke of gold, which was the quantitie of eight ounces. Stowes annals. pag. 32. and againe, pag. 691. 12. merkes of golde Troy weight, the which was 200. pounds of English mony, after which rate euery merke va∣lued 16. pounds, 13. shillings, 4. pence. M. Skene de verbor. signific. verbo, Merke. saith, that in tra∣ctatu de ponderibus & mensuris, a Mercke signifieth an ounce weight, or halfe a pound, wher∣of the dramme is the eighth part, like as the ounce is the eighth part of a marcke: citing Cassa∣naeus de consuet. Burgund. Rub. prim. §. 7. verbo. Solz Turnoys. hiis verbis. Solidus (inquit) in iure capitur pro auro, quorum 72. faci∣unt libram auri, & duodecim vncia faciunt libram, & octo vnciae mercā.

Market (mercatus) commeth of the French (marche. i. empo∣rium, forum nundinarium) it signi∣fieth with vs, the same thing, and also the liberty or priuiledge whereby a towne is enabled to keepe a market. Old nat. br. fol. 149. So doth Bracton vse it, lib. 2. cap. 24. num. 6. & lib. 4. cap. 46. where he sheweth, that one market ought to bee distant from another sex lencas & di∣midiam, & tertiam partem dimidiae. The reason thereof both he and Fleta giueth in these wordes: Quia omnes rationabiles dietae con∣stant

ex 20. milliaribus. Diuidatur ergo dieta in tres partes: prima autē matutina detur euntibus versus mercatum: secunda detur ad emen∣dum & vendendum: quae quidem sufficere debet omnibus, nisi sint forte mercatores statarii qui merces depo∣suerint & exposuerint venales, qui∣bus necessaria erit prolixior mora in mercatu: & tertia pars relinquitur redeuntibus de mercatu ad propria. Et quaequidem omnia necesse erit facere de die, non de nocte, propter infidias & incursum latronum, vt omnia sint in tuto, &c. lib. 4. cap. 28. §. Item refert.

Marle, is a kind of stone or ••halke, which men in diuers countries of this Realme, cast vpon their land to make it the more fertile. It is some where called Malin. anno 17. Edvard. 4. cap. 4.

Marque, seemeth to bee a French word signifying notam, vel signum, or else to come from the German (march. i. limes) it signifieth in the aunciēt statutes of our land, as much as repri∣sals, as anno 4. H. 5. cap. 7. Mar∣ques and Reprisals are vsed as synonyma. And leters of Mar∣que are found in the same sig∣nification in the same chapter. The reason may be, because ••••e griefes wherevpon these le∣••••rs are sought and graunted, are commonly giuen about the ••ounds and limits of euery con∣trey: or at least the remedie for the same is likest there to bee had by some sodaine inrode, & happing of such recompence of the iniurie receiued, as may most conueniently be lighted vpon. See Reprisals. See Marches.

Marquis (Marchio) by the o∣pinion of Hotom. verbo Marchio, in verbis feudalibus, commeth of the German March. i. limes, signi∣fiing originally as much as (Cu∣stos limitis) or (Comes & praefectus limitis) of these Zasius thus wri∣teth: de Marchione nihil compertū est, nisi quod Gothicum vocabulum putamus. And afterward thus: Huiusmodi Marchionum (siue vt nos appellamus) Margraphiorum o∣rigo in limitaneos, praepositos, siue duces referenda: Margraphis dicti quòd limitibus, quos vulgò marken appellamus, graphii, id est praepositi fuerunt, &c. For in those terito∣ries, that haue naturally noe bounds of great strength or de∣fence, there is neede of wise and stout men toward their borders, for the keeping out of neigh∣bour enemies. But here in En∣gland though we haue a Lord warden of the marches north∣ward, and a warden of the cin∣que ports toward the south east, and were wont to haue Lo. Mar∣chers between vs and Wales, that serued this turne, yet those which we call Marquises, are lords of more dignity, without any such

charge: and are in honour and accompt next vnto Dukes. At this day I know but one in Eng∣land, and that is the Marquis of Winchester, being of that noble familie of the Powlets. See Cassa∣naeus de consuetud. Burg. pag. 15.

Marrow, was a lawyer of great accompt, that liued in Henry the seuenth his daies, whose learned readings are extant, but not in print. Lamb. Eiren. li. pri. cap. 1.

Marterns, see Furre.

Master of the Rols (Magister rotulorum) is an Assistāt vnto the Lord Chauncelour of England in the high court of Chauncery, and in his absence heareth cau∣ses there, and giueth orders. Crompt. Iurisd. fol. 41. His title in his patent (as I haue heard) is Clericus paruae bagae, custos rotulo∣rum & domus conuersorum. This domus conuersorum, is the place where the rols are kept, so cal∣led because the Iewes in aunci∣ent times, as they were any of them brought to christianity, were bestowed in that house se∣paratly from the rest of their nation. But his office seemeth o∣riginally to haue sprong, from the safe keeping of the Roules or records of inditements passed in the kings courts, and many other things. He is called clerke of the rols, anno 12. R. 2. ca. 2. and in Fortescue his booke, cap. 24. and no where master of the rols, vntil anno 11. Hen. 7. cap. 20. and yet anno 11. einsdem, cap. 25. he is also called clerk. In which respect, Sir Thomas Smith, li. 2. ca. 10. de Repnb. Angl. well saith that he might not vnfitly be cal∣led (Custos Archiuorum). He see∣meth to haue the bestowing of the offices of the sixe clerks. an∣no 14. & 15. Hen. 8. cap. 8.

Master of the mint, anno 2. Hen. 6. cap. 14. he is now called the Warden of the mint, whose office, see in Mint.

Master of the court of Wards and Liueries, is the cheife and principall officer of the court of wards and liueries, named and assigned by the king, to whose custodie the seale of the court is committed. He at the entring vpon his office, taketh an oath before the Lord Chauncelour of England, well and truly to serue the King in his office, to mini∣ster equal iustice to rich & poore, to the best of his cunning, witte, and power, diligently to procure all things, which may honestly and iustly be to the kings aduā∣tage and profit, and to the aug∣mentation of the rights and pre∣rogatiue of the crowne, truly to vse the kings seale appointed to his office, to end eauour to the vt∣termost of his power, to see th〈…〉〈…〉 king iustly aunswered of all suc〈…〉〈…〉 profits, rents, reuenewes, a〈…〉〈…〉∣issues

as shall yearely rise, grow, or be due to the king in his office from time to time, to deliuer with speed such as haue to do before him, not to take or re∣ceiue of any person any gift or reward in any case or mater de∣pending before him, or wherein the king shall be party, where∣by any preiudice, losse, hinde∣rance, or disherison shall be or grow to the king, a. 33. H. 8. c. 33. Master of the horse, is he that hath the rule and charge of the kings stable, being an office of high accompt, and alwaies be∣stowed vpon some Noble man both valiant and wise. This Officer vnder the Emperours of Rome, was called (comes sacri stabuli.) The Master of the horse is mentioned. anno 39. Eliz. cap. 7. & anno prim. Ed. 6. cap. 5.

Master of the posts, is an Offi∣cer of the Kings court, that hath the appointing, placing, and displacing of all such through England, as prouide post horse for the speedie passing of the kings messages and other bu∣sinesse, in the through-fayre townes where they dwell: as also to see that they keepe a certaine number of conuenient horses of their owne, and when occasion is, that they prouide others, wherewith to furnish such, as haue warrant from him to take post horses, either from or to the seas, or other borders, or places within the Realme. He likewise hath the care to pay them their wages, and make their allowance accordingly, as he shall thinke meete. This officer is mentio∣ned, anno 2. Ed. 6. cap. 3.

Master of the armorie, is he that hath the care and ouersight of his Maiesties armour for his person or horses, or any other prouision or store thereof in any standing Armories: with com∣mand, and placing or displacing of all inferiour Officers there∣unto appertaining. Mention is made of him. anno 39. E∣liz. cap. 7.

Master of the Iewel house, is an Officer in the Kings houshould, of great credit, beeing allowed bouge of court, that is, diet for himselfe and the inferiour Officers. viz. Clerks of the Iewell house, and a speciall lodging or chamber in court, hauing charge of all plate of gold, of siluer dou∣ble or parcell guilt, vsed or occu∣pied for the Kings or Queenes board, or to any Officer of ac∣compt attendant in court, and of all plate remaining in the Tower of London, of cheynes and loose Iewels not fixed to any garment. Mention is made of this Officer anno 39. Eliz. cap. 7.

Master of the Kings houshould,, (magister hospitii) is in his iust ti∣tle called grand Master of the

Kings houshould, and beareth the same office that he did, that was wont to be called Lord Ste∣ward of the kings most hono∣rable houshould. anno 32. H. 8. ca. 39. Whereby it appeareth, that the name of this Officer was then chaunged, and Charles Duke of Suffolke, President of the Kings Councell, then en∣ioying that office, was so to be called euer after, so long as he should poffesse that of∣fice.

Master of the Ordinance. anno 39. El. cap. 7. is a great Officer, to whose care all the Kings Ordi∣nance and Artillerie is commit∣ted, being some great man of the Realme, and expert in mar∣shall affaires.

Master of the Chauncery (Ma∣gister Cancellariae) is an assistant in Chauncerie to the Lord Chaunceler or Lord Keeper of the broad seale in maters of iudgement. Of these there be some ordinarie, and some extra∣ordinarie: of ordinarie there be twelue in number, whereof some fit in court euery day thorough each Terme, and haue committed vnto them (at the Lord Chauncelers discretion) the interlocutorie report, and sometimes the finall determina∣tion of causes there depen∣ding.

Master of the Kings musters, is a martiall officer in all royall ar∣mies most necessarie, as well for the maintaining of the forces complete, well armed and trei∣ned, as also for preuention of such fraudes, as otherwise may exceedingly waste the Princes treasure, and extreamly weaken the forces. He hath the ouersight of all the captaines and bands, and ought to haue at the begin∣ning deliuered vnto him by the Lord Generall, perfect lists and rolles of all the forces both horse and foot, Officers, &c. with the rates of their allow∣ances signed by the Lord Ge∣nerall, for his direction and dis∣charge, in signifying warrants for their full pay. This Officer is mentioned in the statue, anno 2. Ed. 6. cap. 2. and Muster master ge∣nerall, anno 35. Eliz. cap. 4. who so desireth to reade more of him let him haue recourse to Master Digs his Stratioticos.

Master of the Wardrobe (mag∣ster garderobae) is a great and principall officer in Court, ha∣uing his habitation and dwel∣ling house belonging to that of∣fice, called the Wardrobe neere Puddle-wharfe in London. He hath the charge and custodie of all former Kings and Queenes auncient robes, remaining in the Tower of London, and all han∣gings of Arras, Tapestrie, or the like, for his Maiesties houses,

with the bedding remaining in standing wardrobes, as Hampton court, Richmond, &c. He hath also the charging and deliuering out of all either Veluet or Scarlet al∣lowed for liueries, to any of his Maiesties seruants of the priuie chamber, or others. Mention is made of this officer. anno. 39. Eliz. ca. 7.

Mater in deede, and mater of record, are said to differ. old. nat. br. fol. 19. where mater in deede, seemeth to be nothing else, but a truth to be prooued, though not by any Record: and mater of Record, is that which may be proued by some Record. For example, if a man be siewed to an exigent, during the time he was in the kings warres, this is mater in deede, and not mater of record. And therefore (saith the booke) he that will alledge this for himselfe, must come, before the Scire facias for execu∣tion be awarded against him. For after that, nothing will serue but mater of Record; that is, some errour in the processe ap∣pearing vpon the Record. Kit∣chin fol. 216. maketh also a dif∣ference betweene mater of Re∣cord, and a specialitie, and nude mater; where he faith, that nude mater is not of so high nature, as either a mater of Record or a speciality, otherwise there cal∣led mater in deede; which ma∣keth mee to thinke, that nude mater is a naked allegation of a thing done, to be proued only by witnesses, and not either by Record, or other speciality in writing vnder seale.

Mauger, is shuffied vp of two French words (Mal) and (Gre) id est, animo iniquo) it fignifieth with vs as much as in despight, or in despight of ones teeth. as the wife mauger the husbande, Litleton fol. 124. that is, whether the husbund will or not.

Meane (Medius) signifieth the middle betweene two ex∣treames, and that eitherin time or dignitie. Example of the first: His action was meane be∣twixt the disseisin made to him and his recouerie: that is in the interim. Of the second there is Lord Meane and Tenent. See Mesn.

Mease (Mesuagium) seemeth to come of the French (Maison) or rather (Meix) which word I finde in Cassanaeus de consuetu. Burgund. pag. 1195. and interpre∣ted by him Mansus: what Mansus is, see Mansiō. It signifieth a house. Kitchin fol. 239. and Fitzh. nat. br. fol. 2. C. See Mesuage.

Medlefe. Cromptons Iustice of peace, fol. 193. is that which Bra∣cton calleth (medletum) It. 3. tract. 2. ca. 35. It seemeth to signifie quarels, scuffling, or brawling, & to be deriued from the French

(mesler). i. miscere, turbare

Meere (Merus) though an A∣diectiue, yet is it vsed for a sub∣stantine, signifiing meere tight. Owld nat. br. fol. 2. in these words. And knowe yee, that this writte hath but two issues: that is to say, ioyning the mise vpon the meere: And that is, to put himselfe in the great assise of our Souerainge Lord the King, or to ioyne battell. See Mise.

Mesurement. See Admesure∣ment.

Medietas linguae, signifieth an enquest empaneled vpon any cause, wereof the one halfe con∣sisteth of Denizens, the other of straungers. It is called in English the halfe tongue, and is vsed in plees, wherein the one party is a straunger, the o∣ther a denizen. See the statute, anno 28. Ed. 3. ca. 13. &. anno, 27. eiusdem, statu: 2. ca. 8. commonly called the statute of the Staple. & anno. 8. H. 6. ca. 29. &. anno. 2. He. 5. ca. 3. &. anno. 11. He. 7. ca. 21. &. anno. 1. &. 2. Phi. &. Mar. ca. 8. And before the first of these statutes was made, this was wonte to be obteined of the King by graunt made to any company of straungers, as Lom∣bards, Almaines, &c. Stawnf. pl. cor. lib. 3. ca. 7.

Medio acquietando, is a writ iudiciall, to distraine a lord for the acquiting of a meane Lord from a rent, which he formerly acknowledgeth in court not to belong vnto him. Register iudici∣all, fol. 29. b.

Melius inquirendo, is a writ that lyeth for a second inquiry, as what lands and tenements a man dyed seised of, where parti∣all dealing is suspected vpon the writ, Diem clausit extremum. Fitzh. nat. br. fol. 255.

Merchenlage, was one of the three sorts of lawes, out of which the Conquerour framed lawes vnto vs, mingled with those of Normandy. Camd. Britan. pag. 94. who also, pag. 103. sheweth that in the yeare of our lord 1016. this land was diuided into three parts, whereof the west Saxons had one, gouerning it by the lawes called West Saxon lawes, and that conteined these nine shyres, Kent, Southsex, South. rey, Barkeshire, Hamshire, Wil∣shire. Somerset, Dorset and Deuon∣shire. the second by the Danes, which was gouerned by the lawes called Denelage, and that conteined these fifteene shires, Yorke, Darby, Notingham, Leyce∣ster, Lincolne, Northampton, Bed∣ford, Buckingham, Hertford, Essex, Midlesex, Northf. Southf. Cam∣bridge, Huntington. The third was possessed and gouerned by the Mercians, whose lawe was called Merchenlage. which were these

eight, Glocester, Worcester, Here∣ford, Warwicke, Oxenford, Chester, Salop, and Stafford. See Lawe.

Mercy (Misericordia) signifi∣eth the arbitrement or discretion of the King or Lord, in punish∣ing any offence, not directly cen∣sured by the law. As to be in the grieuous mercie of the king. anno 11. H. 6. cap. 6. is to be in hazard of a great penaltie. See Misericordia.

Measondue, (domus Dei) com∣meth of the French (maison de dien) by which names diuers Hospitals are named. You find the word, anno 2. & 3. Philip. & Mar. cap. 23. in fine.

Mese, See Mease.

Mesn (medius) seemeth to come from the French (mains∣nè. i. minor natu) it signifieth in our common lawe, him that is lord of a maner, and there∣by hath tenents holding of him, yet holding himselfe of a superiour Lord. And there∣fore it seemeth not absurdly to be drawne from the French (mainsnè) because the Lord∣ship is created after the high∣er, whereof he holdeth. Mesn also signifieth a writ, which lyeth where there is Lord, mesn, and tenent, the tenent holding of the mesn by the same seruices, whereby the mesn holdeth of the Lord, and the tenent of the mesn is distrained by the superi∣our lord, for that his seruice or rent, which is due to the mesn. Fitz. nat. br. fol. 135. See Mesnaltie.

Mesnaltie (medietas) commeth of Mesn, and signifieth nothing but the right of the mesn: as, the mesnaltie is extinct. old net. br. fol. 44. if the mesnalty descend of the tenent. Kitchin fol. 147. For farder vnderstanding wher∣of, take these words out of the Custumarie of Norm. Medietate tenentur feuda, quando aliqua persona intervenit inter Dominum & tenentes. Et hoc modo tenent om∣nes post nati, mediante ante nato.

Messenger of the Exchequer, is an Officer there, of which sorte there be foure in that court, that be Pursuyvants attending the lord Treasurer, to cary his leters and precepts. See Pursuyvant.

Mesuage (mesuagium) is a dwel∣ling house. West part. 2. symbol. titulo. Fines. sect. 26. But by the name of a mesuage may passe al∣so a Curtilage, a garden, an or∣chard, a doue house, a shoppe, a mill, as parcell of an house, as he himselfe confirmeth out of Bra∣cton. lib. 5. cap. 28. sect. prim. and Plowden fol. 199. 170. 171. and of himselfe he auoucheth the like of a cotage, a tost, a cham∣ber, a celler, &c. yet may they be demaunded by their single names. Mesuagium in Scotland, signifieth the principall dwelling

place or house within a Barony, which in our land is called a maner-house. Skene de verb. sig∣nificat. verbo, Mesuagium, where he citeth Vaientine Leigh, that in his booke of Suruey he affir∣meth Mesuagium to be the tene∣ment or land earable, and the dwelling house or place, or court hall thereof, to be called the site, in Latine called Situs.

Mile (milliare) is a quantitie of a thousand paces, otherwise de∣scribed to containe eight fur∣longs, and euery furlong to con∣teine forty lugs or poles, and e∣uery lugger or pole to containe 16. foote and a halfe. anno 35. El. cap. 6.

Mildernix. anno 1. Iacob. cap. 24.

Mindbruch, is hurting of ho∣nour and worship. Saxon in his description of Engl. cap. 71.

Miniuer. See Furre.

Minouery. anno 7. R. 2. cap. 4. seemeth to be compounded of two French words (main. i. manus and (ouvrer. i. operari) and to sig∣nifie some trespasse or offence committed by a mans handie worke in the Forest, as an engyn to catch Deere. Britton vseth the verbe (Meinoverer) for to occu∣pie and manure land. cap. 40. and cap. 62. main-ovre, for handy∣worke. It is not vnlike, that our English (manure) is abbreuiated of the French.

Mint, commeth of the Ger∣mane word, (meunk. i. pecunia, moneta) and it signifieth with vs, the place where the kings coyne is formed, be it gold or siluer, which is at this present, and long hath bene, the Tower of London, though it appeare by diuers stories, and other anticui∣ties, that in auncient times the mint hath bene also at C••leis, an. 21. R. 2 cap. 16. & anno 9 Hen. 5. stat. 5. cap. 5. The Officers be∣longing to the mint, haue not bene alwaies alike. At this present they seeme to be these: The Warden, who is the chiefe of the rest, and is by his office to receiue the siluer of the Gold∣smiths, and to pay them for it, and to ouersee all the rest belon∣ging to this functiō. His fee is an hundred pounds per annum. The master-worker, who receiueth the siluer from the Warden, cau∣seth it to be melted, and deliue∣reth it to the moniers, and ta∣keth it from them againe, when it is made. His allowance is not any set fee, but according to the pound weight. The third, is the Controller, who is to see that the mony be made to the iust assise, to ouersee the officers, and con∣troll them, if the money be not as it ought to be: his fee is 100. merkes per annum. Then is the Master of the Assaye, who weigheth the siluer, and seeth

whether it be according to stan∣dard: his yerely fee is also an hundred merkes. Then is the Auditour to take the accompts, and make them vp Auditor-like. Then is the Surueyor of the mel∣ting, who is to see the siluer cast out, and not to be altered after it is deliuered to the melter: which is after the Assay-master hath made triall of it. Then is the Clerke of the Irons, who seeth that the Irons be cleane, and fit to worke with. Then the Grauer, who graueth the stampes for the monies. Then the Smyters of Irons, who after they be grauen, smiteth them v∣pon the money. Then the Mel∣ters, that melt the Bullion, be∣fore it come to the coyning. Thē the Blanchers, who do aneale, boyle, and cleanse the money. The Porter, who keepeth the gate of the mint. The Prouost of the mint, who is to prouide for all the monyers, and to ouer∣see them. Lastly, the monyers, who are some to sheere the mo∣ney, some to forge it, some to beate it abroade, some to roūnd it, some to stampe or coyn it. Their wages is not by the day or yeare, but vncertaine, according to the waight of the money coyned by them. Other officers that haue benein former time, are said nowe to bee out of vse.

Misauenture, or misaduenture, commeth neere the French (mes∣aduenture. i. infortunium.) In our common law, it hath an especi∣all signification for the killing of a man, partly by negligence, and partly by chaunce. As if one thinking no harme, dissolutely throweth a stone, where with he killeth another: or shooteth an arrow, &c. For in this case he committeth not felony, but one∣ly looseth his goods, and hath pardon of course for his life. Stawn. pl. cor. li. 1. ca. 8. Britton ca. 7. distinguisheth betweene A∣uenture and misauenture. Auen∣ture he maketh to be meere chaunce, as if a man being vpon or neere the water, be taken with some sodaine sicknes, and so fall in, and is drowned, or into the fire, and be burned to death. Misauenture he maketh, where a man commeth to his death by some outward violence, as the fall of a tree, or of a gate, the running of a cartwheele, the stroke of a horse, or such like. So that misauenture in Stawnfords opi∣nione, is construed somewhat more largely, then Britton vnder∣standeth it. West parte. 2. Symbol. titulo Inditement, sect. 48. maketh homicide casuall, to be meerely casuall or mixt. Homicide by meere chaunce, he defineth sect. 49. to be, when a man is slaine by meere fortune, against the

minde of the killer; as if one hew∣ing, the axe flieth of the haste, and killeth a man. And this is all one with Brutons misauenture. Ho∣micide by chaunce mixed he de∣fineth sect. 50. to be, when the killers ignorance or negligence is ioyned with the chaunce: as if a man loppe trees by an high way side, by which many vsually trauell, and cast downe a bowgh not giuing warning, &c. by which bowgh a man passing by is slaine.

Miscontinuance, Kitchin fol. 231. See Discontinuance.

Mise (misa) is a French word signifing as much as (expensum) in latine, and the latine word (Misa) is so vsed in Kitchin fol. 144. and in West. parte. 2. Simbol. titulo, Proceedings in chauncery, sect. 21. F. It is vsed anno 2. & 3. Ed. 6. ca. 36. for a somme of mony paid by the Kings tenents in certaine counties in Wales ac∣cording to their seuerall cu∣stomes. In the statute 33. H. 8. ca. 13. it is vsed plurally, for cer∣taine custumary gratuities sent to to the Lord Marchers of Wales, by their tenents, at their first comming to their lands. And anno 4. & 5. Phil. & Mar. ca. 11. mise is vsed in an action of right or property, for the point where∣upon the parties proceede to tri∣all, either by Assise or battaile: as issue is in an action personall; if the Mise be vpon battell. Litleton fol. 102. and in the old nat. br. fol. 〈◊〉〈◊〉. you haue these words. Know yea that this writ hath but two issues: that is to say, ioyning the mise vpon the meere, and that is, to put himselfe into the great Assise of our soueraigne Lord the King, or to ioyne battaile, See anno 37. Ed. 3. ca. 16. To ioyne the mise vpon the meere, is as much to say, as to ioyne the mise vpon the cleare right, and that in more plaine terms is no∣thing else, but to ioyne vpon this point, whether hath the more right, the tenent or demaundant. Litleton. li. 3. ca. 8. foll. 101. b. This word in some other place is vsed for a participle, signifiing as much as (cast or put vpon) in en∣glish, which appeareth by S. Ed. Cokes report in Saffins case. vol. 6. fo. 124. a.

Misericordia, is vsed in the common law, for an arbitrary punishment. Bracton li. 4. tracta. 5. ca. 6. in these words. Item si∣quis in misericordiam inciderit pro disseisina, non remanebit misericor∣dia exigenda, si ille qui ••miserit, quaesiuerit conuictionem. Kitchin. fol. 78. out of Glanuile saith thus, Est autem misericordia, quia quis per iuramentum legalium hominum amerciatus est, ne aliquid de suo ho∣norabili contenemento amitta••, which saying you haue in a ma∣ner word forword in Glanvile,

lib. 9. cap. 11. Fitzherbert saith, that it is called misericordia, be∣cause it ought to be very mo∣derate, and rather lesse then the offence, according to the tenure of the great charter. cap. 14. This saith Fitz. in his nat. br. in the writ De moderata mise∣ricordia, fol. 75. A. I. Miseri∣cordia is to be quit of Mise∣ricors, that is, to be dischar∣ged of all maner of amerce∣ments, that a man may fall into within the Forest. Cromp∣ton. Iurisd. fol. 196. See Amercia∣ment. See Mercy, and Moderata misericordia.

Miske••ning. i. chaunging of speech in court. Saxon in the des∣cription of Engl. cap. 11.

Misnomer, is compounded of the French (mes) which in com∣position alwaies signifieth as much as (amisse) and (nomer. i. nominare.) It signifieth in our common lawe, the vsing of one name for another, or mis-tear∣ming. Broke, titulo Misnomer.

Misprision (Misprisio) commeth of the French (Mespris. i. fastidiū, contemptus,) it signifieth in our common lawe, neglect, or neg∣ligence, or ouersight: As for ex∣ample, Misprision of treason, or of felony, is a neglect or light accompt shewed of treason or felony commited, by not reuea∣ling it, when we know it to be committed; Stawnf: pl. cor. li. 1. ca. 19. which read at large: or by letting any person committed for treason or felony, or suspitiō of either, to goe before he be in∣dited. Also Misprision of Clerks, anno. 8. He. 6. ca. 15. is a neglect of Clerks in wrighting, or kee∣ping records. Thirdly, anno. 14. Ed. 3. ca. 6. statu. pri. by misprision of Clerks no processe shalbe admitted. Misprision of treason, is the concealement, or not dis∣closing of knowne treason, for the which the offendours are to suffer imprisonment during the Kings pleasure, loose their goods, and the profits of their lands, during their liues. Cromp∣ton in his Iustice of peace. cap. Misprision of felony, fol. 40. West. parte 2. symbol. titulo Inditements, sect. 63. in siue. Misprision of felo∣nie, seemeth only finable by the Iustices, before whome the party is attainted. Crompton. Iustice of peace, vbisupra. The Iustices of the common place haue power to assesse fines and amercia∣ments vpon persons offending for misprisions, contempts, or negligences, for not doing, or misdoing any thing, in or con∣cerning fines. West parte 2. sym∣bol. titulo Fines. sect. 133. Iustices of Assise shall amend the de∣faults of Clerks misprising of a sillable or leter in writing. Cromp∣tons Iurisd. fol. 208. But it is to be noted, that other faults may

be accompted misprisions of treasons or felonie, because cer∣taine later statutes doe inflict that punishment vpon them, that of old hath beene inflicted vpon misprisions. whereof you haue an example. anno 14. El. ca. 3. of such as coine foreine coines not current in this Realme, and of their procurers, aiders, and abetters. And see the newe ex∣position of lawe Termes. Mispri∣sion signifieth also a mistaking, anno 14. Ed. 3. stat. pri. ca. 6.

Misses, See Mise.

Misuser, is an abuse of libertie or benefite: As, he shall make fine for his misuser. old. nat. br. fol. 149.

Mistery (mysterium) commeth of the latine (Mysterium) or ra∣ther from the French (Mestier. i. ars, artificium) an art or occupa∣tion.

Mittendo manuscriptum pedis finis, is a writ Iudiciall, directed to the Treasurer and Chamber∣laines of the Exchequer, to search and transmit the foote of a fine, acknowledged before Iustices in Eyre, into the com∣mon plees, &c. Register. fol. 14. a. b.

Mittimus, signifieth a precept sent by the King out of his Bench, to those that haue the custodie of fines levied, that they send them by a day assigned to his Bench, West parte 2. symbol. titulo Eynes sect. 138. F. & 154. B. and also to the Exchequer for certificate that Iudgment is gi∣uen for the liuerie of lands to such or such a one, out of the Kings hands: whervpō he is dis∣missed also out of the exchequer, a. 5. R. 2. c. 15. of diuers other v∣ses and applicatiōs of this (Mitti∣mus) see the Register originall in the table of the booke.

Moderata misericordia, is a writ that lieth for him that is amer∣sed in court Baron or other, be∣ing not of Record, for any trans∣gression or offence beyond the qualitie of a fault. It is directed to the Lord of the court, or his Bayliffe, commanding them to take a moderate amerciament of the party: and is founded vp∣on Magna charta, ca. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti, &c. The rest touching this writ, see in Fitzh. nat. br. fol. 75. See Mise∣ricordia.

Modo & forma, are words of art in a processe, and namely in the answer of the defendant, wherby he denieth himselfe to haue done the thing layde to his charge, modo & forma decla∣rata. Kitch. fol. 232. It signifieth as much, as that clause in the ciuile lawe, Negat allegata, prout allegantur, esse vera.

Moitye, commeth of the French (Moitiè) id est, coaequa vel

mediapars) and signifieth the halfe of any thing, Litleton. fol. 125.

Monks clothes, anno 20. Hen. 6. cap. 10.

Moniers (Monetari••) Register. ori∣ginal. fol. 262. b. & anno 1. Ed. 6. ca. 15. be ministers of the Mint, which make and coine the Kings mony. It appeareth by some antiquity which I haue seen that in auncient times our kings of England had mints in most of the countries of this Realme. And in the tractate of the Ex∣chequer, writen by Ockham, I finde, that whereas the Shy∣reeues ordinarily were tyed to pay into the Exchequer the kings sterling, for such debts as they were to answer, they of Northumberland, and Cumber∣land, were at libertie to pay in any sort of mony, so it were sil∣uer. And the reason is there giuen, because those two shires, monetarios de antiqua institutione non habent.

Monstrance de droyt, is as much to say, as shewing of his right. It signifieth in our cōm∣mon lawe, a sulte in Chancerie to be restored to lands or te∣nements, that indeede be mine in right, though they were by some office found to be in possessiō of another lately dead. See Stawnf. praerog. ca. 21. at large, and Brooke, titulo Petition. of this also reade Sir Edward Cookes reports, lib. 4. fol. 54. b. &c. the Wardens of the Sadlers case.

Monstrauerunt, is a writ that lieth for tenents that hold freely by charter in auncient Demeane, being distreined for the pay∣ment of any tolle or imposition, contrary to their libertie, which they do or should enioy, which see in Fitzh. nat. br. fol. 14.

Morian, is all one in significatiō with the french (Morion. i. cassis) a head peece: which word the french man boroweth from the Italian (morione) anno. 4. & 5. Phi. &. Ma. ca. 2.

Morlinge, aliâs Mortling. seemeth to be that wolle which is taken from the skinne of a dead sheep, whether dying of the rotte, or being killed. anno. 27. H. 6. ca. 2, This is writen Morki••. anno. 3. Iaco. ca. 8.

Mort d'auncester, See Assise.

Mortgage (Mortuum vadium, vel Morgagium) is compounded of 2. French words (Mort, id est, mors) and (Gage, id est, pignus, merces) It signifieth in our com∣mon lawe, a pawne of land or tenement, or anything mouea∣ble, laid or bound for mony bo∣rowed, peremptorily to be the creditours for euer, if the mo∣ny be not paide at the day a∣greed vpon. And the creditour holding land or tenement vpon this bargaine, is in the meane

time called Tenēt in mortgage. Of this we reade in the grand Custumarie of Normandie, cap. 113. in these wordes. Notan∣dum insuper est, quod vadiorum, quoddam viuum, quoddam mortu∣um nuncupatur. Mortuum autem dicitur vadium, quod se de nihilo redimit & acquietat, vt terra tra∣dita in vadium pro centum solidis, quam cum obligator retrahere vo∣luerit, acceptam pecuniam restituet in solidum. Vivum autem dicitur vadium, quod ex suis prouentibus acquir atur. Vt terra tradita in va∣dium pro centum solidis vsque ad tres annos, quae, elapso tertio anno, reddenda est obligatori, vel tradita in vadium, quous{que} pecunia recepta de eiusdem proventibus fuerit per∣soluta. Glanvile likewise lib. 10. cap. 6. defineth it thus: mortuum vadium dicitur illud, cuius fructus vel reditus interim percepti in nullo se acquietant. Soe you see by both these bookes, that it is called a dead gage, because whatso∣euer profit it yeeldeth, yet it re∣deemeth not it selfe by yelding such profit, except the whole somme borowed be likewise paid at the day. See M. Skene. de verborum signif. eodem. He that layeth this pawne or gage, is called the Mortgager, & he that taketh it, the Mortgagee. West. par. 2. symb. titulo Fines: sect. 145. This if it containe excessiue vsurie, is prohibited. anno 37. H. 8. c. 9.

Mortmaine (Manus mortua) is compounded of two french words (Mort. i. mors) and Main. i. manus) It signifieth in the com∣mon lawe, an alienation of lands or tenements to any corporati∣on, guilde, or fraternitie, and their successours, as Bishops, parsons, vicars, &c. which may not be done without licence of the king, and the Lord of the maner. The reason of the name proceedeth from this, as I con∣ceiue it, because the seruices and other profits due for such lands, as escheates, &c. comme into a dead hand, or into such a hand as holdeth them, and is not of power to deliuer them, or any thing for them backe againe. Magna charta, cap. 36. & anno 7. Ed. prim. commonly called (the statute of Mortmaine) and anno 18. Ed. 3. statut. 3. cap. 3. & anno 15. Richard. 2. cap. 5. Polydor. Virgill in the 17. booke of his Chronicles, maketh men∣tion of this lawe, and giueth this reason of the name. Et le∣gem hanc manum mortuam voca∣runt, quòd res semel datae collegiis sacerdotum, non vtique rursus ven∣derentur, velut mortuae, hoc est, v∣sui aliorum mortalium in perpe∣tuum ademptae essent. Lex diligenter servatur, sic vt nihil possessionum or∣dini sacerdotali a quoquam detur, ni∣si Regio permissu. But the former statutes be some thing abridged

by anno 39. Elizabeth cap. 5. by which the gift of lands, &c. to Hospitals is permitted without obteining of Mortmaine. Hoto∣man in his commentaries de ver∣bis feudal. verbo Manus mortua, hath these words. Manus mortua locutio est, quae vsurpatur de ijs, quo∣rum possessio, vt ita dicam, immor∣talis est: quia nunquam haeredem habere desinunt. Quâ de causâ res nunquam ad priorem dominum re∣vertitur. Nam manus pro possessione dicitur, mortua pro immortali. Sic municipium dicitur non mori, l. An vsusfructus 56. D. de vsufr. legat. quoniam hominibus aliis succres∣centibus, idem populi corpus videtur. l. proponebatur. 76. D. de Iudiciis: Haec Hotemanus. & read the rest. Amortizatio, est in manum mortu∣am translatio Principis iussu. Petrus Belluga in speculo principum: fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam. Idem, eodem. where you may reade a learned tractate both of the be∣gicning and nature of this do∣ctrine. To the same effect you may read Cassa. de consuetu. Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif. saith that Di∣mittere terras ad manum mortuam, est idem atque dimittere ad multi∣tudinem sive vniuersitatem, quae nunquam moritur: id{que} per 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, seu a contrario sensu, because communalties neuer die.

Mortuary (Mortuarium) is a gift lest by a man at his death, to his parish church, for the re∣compence of his personall tithes and offerings not duly payed in his life time. And if a man haue three or more catell of any kind, the best being kept for the lord of the fee, as a Heriot, the se∣cond was wont to be giuen to the persō in right of the church, cap. statutum. De consuetu. in pro∣vincial. Touching this you haue two statutes. one anno 13. Ed. pri. commonly called, Circumspectè agatis: whereby it appeareth, that Mortuaries are suable in the court Christian; the other an∣no 21. H. 8: cap. 6. whereby is set downe an order and rate in mo∣ny for mortuaries.

Mulier, as it is vsed in the common lawe, seemeth to be a word corrupted and vsed for (Melior) or rather the French (Melieur). It signifieth the law∣full issue preferred before an el∣der brother borne out of matri∣mony: anno H. 6. cap. 11. Smith de repub. Anglo. lib. 3. cap. 6. But by Glanuile lib. 7: ca. pri. the lawfull issue seemeth rather (Mu∣lier) then (Melior) because it is begotten (è Muliere) and not (ex Concubmâ). for he calleth such issue filios mulierato••, opposing them to bastards. And Britton cap. 70. hath frere mulier. i. the brother begotten of the wise,

opposit to frere bastard. This see∣meth to be vsed in Scotland al∣so, for M. Skene de verborum sig∣nifi. verbo (Mulieratus filius) saith that Mulieratus filius, is a lawful son begotten of a lawfull wife. Quia mulieris appellatione vxor continetur. l. Mulieris 13. & ibid. glossa de verborum significati∣ne.

Mulmutius lawes, See Lawe.

Multure (molitura, vel multura) commeth neare the French, (moulture) and signifieth in our common lawe, the tolle that the miller taketh, for grinding of corne.

Murage, (muragium) is a tolle or tribute to be leuied for the building or repayring of publike edifices or walles. Fitz. nat. br. fol. 227. D. Murage seemeth also to be a libertie graunted by the King to a towne, for the gathering of money toward walling of the same. anno 3. Ed. 1. cap. 30.

Murder (murdrum) is borowed of the French, (meurtrier. i. car∣nifex, homicida) or (meurtre. i. in∣ternecio, homicidium,) The new Expositour of the lawe termes draweth it from the Sa∣xon word, (mordren) signifying the same thing. It signifieth in our common lawe, a wilfull and felonious killing of any o∣ther vpon prepensed malice. anno 52. H. 3. cap. 25. West. part. 2. symbol. titulo, Inditements. sect. 47. Bracton. lib. 3. tract. 2. cap. 15 num. prim. defineth it to be Ho∣micidium, quod, nullo praesente, nullo sciente, nullo audiente, nullo vidente, clam perpetratur. And of the same minde is Britton. cap. 6. as also Fleta, lib. 1. cap. 30. yet Fleta saith also, that it was not mur∣der, except it were proued the partie slaine were En∣glish, and no straunger. But as Stawnf. saith, pl. cor. lib. 1. cap. 2. the lawe in this point is altered, by the statute, anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined. When a man vpon prepensed malice killeth another, whether secrotly or openly, it maketh no mater: or be he an English man, or a forainer liuing vnder the Kings protection. And prepen∣sed malice is here either expresse or implyed: expresse, when it may be euidently proued, that there was formerly some euill will implyed: when one killeth another sodainly, hauing no∣thing to defend himselfe: as going ouer a style, or such like. Crompton. Iustice of peace, in the chapter of Murder. fol. 19. b. See M. Skene de verbor. signif. verbo, Murdrum. This by the Latine In∣terpretour of the graund Custu∣marie of Normandy, is called multrum. cap. 68. See Were.

Muster, commeth of the French

(moustre. i. specimen, spectamen, ex∣emplum,) as, feire moustre gene∣rale de toute son armee, is as much as, lustrare exercitum. The signi∣fication is plaine. Mustred of re∣cord. anno 18. H. 6. cap. 19. see∣meth to be dare nomen, or to bee inrolled in the number of the kings souldiours. Master of the kings musters. anno. 2. Ed. 6. cap. 2. See Master.

Muster master general. anno. 35. Eliz. ca. 4. See Master of the kings musters.

N

NAam (Namium) seemeth to come from the Dutch word (nemmen. i. capio) It signifi∣eth in our common law, the ta∣king or apprehending of ano∣ther mans moueable goods: and is either lawfull or vnlawfull. Lawfull naam, is nothing els but a reasonable distresse, propor∣tionable to the valew of the thing distreined for. And this naam was aunciently called ei∣ther vif or mort, quicke or dead, accordingly as it was made of dead or quicke chatels. Lawfull naam is so, either by the common law, or by a mans perticular fact: by the common law, as when one taketh another mans beasts dammage seisant in his grounds: by a mans particular fact, as by reason of some contract made, that for default of payment of an annuity agreed vpon, it shall be lawfull to distreine in such or such lands, &c. Horns mirrour of Iustices. lib. 2. ca. de vec de naam. where you may read of other circumstances required in law∣full naam: viz: of what thing, or of what things first, in what ma∣ner, on what daies, and at what houres it ought to be made; with other points worth the reading, for the vnderstanding of our law antiquities. See Wither∣nam.

Nasse. anno. 4. H. 7. ca. 21. seemeth to be the proper name of Orford Hauen. Whether it be so termed of the boates or water vessels that lye there or not, let the reader iudge. But (nasselle) is in French a kinde of small boat.

Natiuo habendo, is a writ that lyeth to the Shyreeue for a Lord, whose vilein claimed as his in∣heritance, is runne from him, for the apprehending and restoring of him to his Lord againe. Regi∣ster orig. fol. 87. Fitzh. nat. br. fol. 77. See Libertate probanda.

Naturalization. See Denizen.

Ne admittas, is a writ that ly∣eth for the plaintife in a Quare impedit, or him that hath an acti∣on of Darrein presentment de∣pending in the common Bench, and feareth that the Bishop will admit the clerke of the defen∣dant, during the suite betweene

them. And this writ must be su∣ed within sixe monethes after the avoydance. Because after the sixe moneths the Bishop may present by lapse. Register orig. fol. 31. Fitzh. nat. br. fol. 37. where see the rest.

Negatiue pregnant (Negatiua praegnans) is a negatiue implying also an affirmatiue. As is a man being impleaded, to haued one a thing vpon such a day, or in such a place, denyeth that he did it modo & forma declarata: which implyeth neuer the lesse, that in some sort he did it. Or if a man be said to haue alienated land, &c. in fee, he denying that he hath alienated in fee, seemeth to confesse that he hath alienated in some other sort. Dyer. fol. 17. nu. 95. See Brooke hoc titulo and Kitchin, fol. 232. And see the new exposition of lawe terms. And read also in some Ciuilians, of Affirmatiua praegnans, and that is, quae habet in se inclusiuam negati∣uam. Et hoc importare videntur dictiones (Solùm & tantùm, quae implicant negatiuam) Pacianus. De probationibus. lib. 1. ca. 31. nu. 16. fol. 93.

Neif (natiua) commeth of the French (Naif. i. naturalis, vel na∣tivus) it signifieth in our common law, a bond woman, anno. 1 Ed. 6. ca. 3. the reason is, because women become bond rather na∣tiuitate, than by any other means.

Ne in iuste vexes, is a writ that lyeth for a Tenent, which is di∣strained by his Lord, for other seruices than he ought to make, and is a prohibition to the Lord in it selfe, commaunding him not to distreine. The especial vse of it is, where the tenent hath formerly preiudiced himselfe by performing more services, or paying more rent without con∣straint, than he needed. For in this case, by reason of the Lords seisin, he cannot avoide him in avowry: and therefore he is dri∣uen to this writ as his next re∣medie, Register orig. fol. 4. Fitzh. nat. br. fol 10.

Ne vicecomes colore mandat•• Regis quenquam amoueat à pos∣sessione ecclesiae minus iustè. Register orig. fol. 61.

Nient comprise, is an exception taken to a petition as vniust, bi∣cause, the thing desired, is not conteined or comprehended in that act or deede, wherevpon the petition is grounded. For ex∣ample, one desireth of the court, to be put in possession of a house formerly among other lands &c. adiudged vnto him. The adverse party pleadeth, that his petitiō is not to be granted, because thogh he had a iudgement for certaine lands and houses: yet the house into the possession wherof he de∣sireth to be put, is not conteined among those for the which he

had iudgement. See the newe booke of Entries. titulo, Nient comprise. This seemeth to be especially to hinder execution.

Nifle, anno 3. Ed. 4. cap. 5.

Nihil. anno. 5. R. 2. stat. pri. cap. 3. is a word set vpon a debt illeuiable, by the foreine Apposer in the Exchequer.

Nohil dicit, is a fayling to put in answer to the plee of the plaintiffe by the day assigned, which if a man do commit, iudgement passeth against him, as saying nothing why it should not.

Nisi prius, is a writ iudiciall, which lyeth in case, where the Enquest is paneled, and returned before the Iustices of the Banke, the one partie or the other making petition, to haue this writ for the case of the con∣trie. It is directed to the Shy∣reeue, commaunding that hee cause the men impaneled to come before the Iustices in the same countie, for the determi∣nation of the cause there, except it be so difficult, that it need great deliberation. In which case it is sent againe to the Bank, v. anno 14. Ed. 3. cap. 15. The forme of the writ, see in old. nat. br. fol. 159. and in the Regist. in∣dic. fol. 7. & 28. & 75. See the new booke of Entries, verbo, Nisi prius. And it is called (Nisi prius) of these words compri∣sed in the same, whereby the Shyreeue is willed to bring to Westminst. the men impaneled at a certaine day, or before the Iustices of the next Assises: nisi die Lunae apud talem locum prius venerint, &c. whereby it appea∣reth, that Iustices of Assises, and Iustices of (nisi prius) are diffe∣ring. And Iustices of (nisi prius) must be one of them, before whom the cause is depending in the Bench, with some other good man of the Countie asso∣ciated vnto him. Fitz. nat. br. fol. 240. E. which he taketh from the Statute of Yorke. ann. 12. Ed. 2. See Westm. 2. cap. 30. anno 13. Ed. prim. & anno 27. eiusdem. cap. 4. & anno 2. Ed. 3. cap. 17. & anno 4. eiusdem, cap. 11. & anno 14. eiusdem cap. 16. & anno 7. Rich. 2. cap. 7. & anno 18. Eliz. cap. 12.

Nobility (nobilitas) in England compriseth all dignities aboue a Knight. So that a Baron is the lowest degree thereof. Smith de Repub. Anglor. lib. prim. cap. 17. Bartolus in his Tractate De No∣bilitate, which he compiled vpon the lawe, Si vt proponis C. de di∣gnitatibus, libro. 12. rehear∣seth foure opinions de Nobilitate, but reiecteth them, and himselfe defineth it thus: Nobilitas est qualitas illata per principatum te∣nentem, qua quis vltra honestos plebeios acceptus ostenditur. But

this definition is too large for vs, except we will accompt Knights and Banerets inter ple∣bem, which in mine opinion were too harsh. For Equites among the Romanes, were in a middle ranke inter Senatores & ple∣bem.

Nocumento. See Nusance.

Nomination (nominatio) is vsed by the Canonists, and common Lawyers, for a power that a man by vertue of a maner or other∣wise, hath to appoint a Clerke to a patron of a benefice, by him to be presented to the Or∣dinarie. New termes of the lawe.

Non-abilitie, is an exception taken against the plaintiffe or demandant vpon some cause, why he cannot commence any suite in lawe, as a Praemunire, Outlawrie, Villenage, Excommu∣nication: or because he is a stran∣ger borne. The Ciuilians say, that such a man hath not perso∣nam standi in iudicio. See Broke, hoc titulo. see Fitzh. nat. br. fol. 35. A. fol. 65. D. fol. 77. C. The new Expositour of lawe termes rec∣koneth sixe causes of Non-ability: as if he be an outlawe, a stranger borne, condemned in a premu∣nire, professed in religion, ex∣communicate, or a villein. How∣beit the second cause holdeth onely in actions reall or mixt, and not in personall, except he be a straunger and an ene∣mie.

Non admittas. See Ne admit∣tas.

Non-age, is all the time of a mans age vnder one and twenty yeares in some cases, or fourteen in some, as mariage. See Broke, titulo, Age. See Age.

Non capiendo clericum. See Clerico non capiendo.

Non clayme, Cromptons Iurisd. fol. 144. seemeth to be an excep∣tion against a man that claimeth not within the time limited by lawe, as within the yeare and day, in case where a man ought to make continuall claime, or within fiue yeares after a fine le∣uyed. v. Coke. lib. 4. in prooemio. See Continuall clayme.

Non compos mentis, is of foure sortes: first, he that is an idiot borne: next, he that by accident afterward wholy leeseth his wits: thirdly, a lunaticke, that hath somtime his vnderstanding, and sometime not: lastly, hee which by his own act depriueth himselfe of his right mind for a time, as a drunkard, Coke lib. 4. fol. 124. b.

Non distringendo, is a writ, comprising vnder it diuers par∣ticulars, according to diuers ca∣ses: all which you may see in the Table of the Register original, verbo, Non distringendo.

Non est culpabilis, is the ge∣nerall

answer to an action of trespasse, whereby the defen∣dant doth absolutely deny the fact imputed vnto him by the plaintiffe, whereas in other e∣speciall answers, the defendaunt graunteth the fact to be done, and alledgeth some reason in his defence, why he lawfully might doe it. And therefore whereas the Rhetoricians, comprise all the substance of their discourses, vnder three questions, An sit, quid sit, quale sit, this aunswere falleth vnder the first of the three: all other answers are vn∣der one of the other two. And as this is the generall aunswer in an action of trespasse, that is, an action criminall ciuily prosecu∣ted: so is it also in all actions cri∣minally followed, either at the suite of the king or other, wherein the defendant denieth the crime obiected vnto him. See the new booke of Entries. titulo, Non culpabilis, and Stawnf. pl. cor. lib. 2. cap. 62.

Non est factum, is an aunswer to a declaration, whereby a man denyeth that to be his deed, whereupon he is impleaded. Broke, hoc titulo.

Non implacitando aliquem de li∣bero tenemento fine breui, is a writ to inhibit Bayliffes, &c. from distraining any man without the kings writ, touching his free hould. Register, fol. 171. b.

Non intromittendo quando bre∣ue praecipe in capite subdolè impetra∣tur, Is a writ directed to Iustices of the bench or in Eyre, wil∣ling them not to giue one hea∣ring, that hath vnder the colour of intitling the king to land, &c. as houlding of him in capite, deceitfully obteined the writ called: praecipe in capite. but to put him to his writ of right, if he thinke good to vse it. Register orig. fo. 4. b.

Non mercandizando victualia, is a writ directed to the Iustic̄es of Assise, commaunding them to inquire whether the officers of such a towne, doe sell victuals in grosse or by retaile, during their office, contrary to the statute, and to punish them, if they finde it true. Register, fol. 184.

Non molestando, is a writ that lyeth for him, which is molested contrary to the kings protecti∣on graunted him. Register fol. 24.

Non omittas, is a writ lying where the Shyreeue deliuereth a former writ to a Bayliffe of a fraunchis, within the which the party, on whom it is to be ser∣ued, dwelleth, & the Bayliffe neg∣lecteth to serue it: for in this case, the Shyreeue returning, that he deliuered it to the Bayliffe, this shalbe directed to the Shyreeue, charging him himselfe to exe∣cute the kings commaundement. Old. nat. br. fol. 44. of this the

Reg. orig. hath three sorts. fol. 82. b. & 151. and the Reg. Iudi∣ciall one, fol. 5. & 56.

Non ponendo in Assisis & Iura∣tis, is a writ founded vpon the stat. Westm. 2. ca. 38. and the stat: Articuli super chartas. ca. 9. which is graunted vpon diuers causes to men, for the freeing them from Assises and Iuries. See Fitzh. nat. br. fol. 165. See the Register, fol. 179. 100. 181. 183.

Non procedendo ad Assisam Rege inconsulto, is a writ to stop the triall of a cause appertaining vn∣to one, that is in the kings ser∣uice, &c. vntill the kings plea∣sure be farder knowne. Reg. fol. 220. a.

Non residentia pro clericis Regis, is a writ directed to the Ordina∣ry, charging him not to molest a Clerk imployed in the kings ser∣uice, by reason of his non resi∣dence. Register orig. fol. 58. b.

Non-suite, is a renuntiation of the suite by the plaintife or de∣maundant, when the mater is so farre proceeded in, as the Iury is ready at the barre, to deliuer their verdict. anno 2. H. 4. ca. 7. See the new booke of Entries, verbo Non-suite. The ciuilians terme it Litis renunciationem.

Non soluendo pecuniam ad quam Clericus mulctatur pro non residen∣tia, is a writ prohibiting an Ordi∣nary to take a pecuniary mulct, imposed vpon a clerk of the kings for non-residence. Regist. orig. fol. 59.

Non tenure, is an exception to a coumpt, by saying that he houldeth not the land specified in the coumpt, or at the least, some parte of it. anno 25. Ed. 3. stat. 4. ca. 16. West parte. 2. Sim∣bol. titulo. Fines. sect. 138. ma∣keth mention of non-tenure ge∣nerall, and non-tenure speciall. See the new booke of Entries, verbo, Non-tenure. where it is said, that especiall non-tenure is an excep∣tion, alledging that he was not tenent the day whereon the writ was purchased. Non-tenure ge∣nerall is then by likelyhood, where one denyeth himselfe e∣uer to haue bene tenent to the land in question.

Non sum informatus. See Infor∣matus non sum.

Non sane memorie (Non sane memoriae) is an exception taken to any act declared by the plain∣tife or demaundant to be done by another, wherupon he groun∣deth his plaint or demaund. And the contents of this exceptiō be, that the party that did that act (being himselfe or any other) was not well in his wits, or madde, when he did it. See the new booke of Entries, titulo Non sane memory, and Dum non fuit compos mentis. See also supra Non compos mentis.

Non terme (non terminus) is the

time of vacation between Terme and Terme. It was wont to bee called the times or dayes of the kings peace, Lamb. Archaiono. fol 126. and what these were in the time of King Edward the Confessour, see there. This time was called (Iusticium) or (Feriae) among the Romanes, or (dies ne∣fasti) Ferias appellari notum est tempus illud, quod forensibus nego∣tus & iure dicendo vacabat. Ea∣rum autem aliae solennes erant, aliae repentinae. Brisson. de verb. signif. lib. 6. vide Wesenbec: paratit. De Ferits. num. 6.

Note of a fine, (nota finis) is a briefe of a fine made by the Chi∣rographer, before it be engrossed. The forme whereof see in West. part. 2. symbol, titulo. Fines. sect. 117.

Novell assignement (noua assig∣natio) is an assignement of time, or place, or such like, otherwise then as before it was assigned. In Brocke you may find these wordes in effect: titulo, Deputie. num. 12. See novell assignement of trespasse in a new place after Barre pleaded. Broke. titulo, Trespasse. 122. and, novel assignement in a writ de e••ectione custodiae. titulo, Eiecti∣one custodiae. num. 7. See Assigne∣ment.

Nude mater. See Mater.

Nunne (Nonna) is the French word (nonnain) or (nonne) some∣thing altered, which signifieth a holy or consecrated virgin, or a woman that hath by vowe bound her selfe to a single and chast life, in some place and company of other women, se∣parated from the world, and ad∣dicted to an especiall seruice of God, by prayer, fasting, and such like holy exercises. If we wold know whence this word came into Fraunce, S. Hierome maketh it an Egyptian word, as Hospi∣nian recordeth of him, in his booke De origine & progressumo∣nachatus. fol. 3.

Nuper obtit, is a writ that lyeth for a coheire being deforced by her coheire of lands or tene∣ments, whereof the graundfa∣ther, father, vncle, or brother to them both, or any other their common auncesters, dyed seised of an estate in fee simple. See the forme of the writ, origin. Regist. fol. 226. &c. Fitz. nat. br. fol. 197. If the auncestour dyed seised in fee tayle, then the co∣heire deforced shall haue a Form∣don. Idem. ibid.

Nusance (nocumentum) com∣meth of the French (nuire. i. no∣cere.) It signifieth in our com∣mon lawe, not onely a thing done, whereby another man is annoyed in his free lands or te∣nements, but especially the As∣sise or writ lying for the same. Fitz. nat. br. fol. 183. And this writ (de Nocumento) or of Nu∣sance

is either simply De nocu∣mento, or de paruo nocumento; and then it is Vicountiel. old. nat. br. f. 108. & 109. & Fitzh. nat. br. vbi supra. & fol. 184. Britton calleth it Nosance. whome also reade. ca. 61. & 62. M. Man∣wood parte 2 of his forest lawes. ca. 17. maketh three sorts of Nu∣sance in the forest, the first is Nocumentum commune, the se∣cond Nocumentum speciale, the third Nocumentum generale. which reade with the rest of that whole chapter. See the Re∣gister originall, fol. 197. & 199.

Nutmegs (nux myristica vel nux muscata) is a spice well knowne to all. It groweth of a tree like a peach tree, and is in∣closed in two huskes, whereof the inner huske is that spice which we call mace. Of this who will, may reade more in Gerards herball, lib. 3. ca. 145. It is menti∣oned among spices that are to be garbled. anno 1. Iaco. ca. 19.

O

OBedientiae, was a rent, as ap∣peareth by Roger Hoveden parte poster: suorum annalium, fol. 430. in these words: vt ergo eis, sc: regularibus, adimatur oportunitas evagandi, prohibe〈…〉〈…〉, ne reditus, quos obedientias vocant, ad firmam teneant, &c. Obedientia in the ca∣non lawe is vsed for an office or the administration of an office, ca. cùm ad monasterium. 6. extra de statu monacho: & cano. regula. And therevpon the word (obedi∣entiales) is vsed in the provinciall constitutions for those which haue the execution of any office vnder their superiors. cap. pri. de statu. regula. For thus saith Lyndwood in his glosse vpon that word: Hii sunt qui sub obedientia suorum praelatorum sunt, & habent certa officia administranda interiùs vel exterius. It may be that some of these offices called obedienti•• consisted in the collection of rents or pensions: and that there∣fore those rents were by a me∣tonymie called obedientiae, quia colligebantur ab obedientialibus.

Oblations (oblationes) are thus defined in the canon lawe. Obla∣tiones dicuntur, quaecun{que} a pi••s fidelibus{que} Christianis offeruntur Deo & ecclesiae, siue res soli, siue mobiles sint. Nec refert an legen∣tur testamento, an aliter donentur, cap. clerici. 13. quaest. 2. Reade more of these in Duarenus. De sacr. eccl. minister. ac benefi. cap. tertio.

Obligation (Obligatio) and Bill be all one, sauing that when it is in English, it is commonly called a Bill, and when it is in Latine, an Obligation. West parte 1. symbol. lib. 2. sect. 146. True it is that a Bill is obligatorie: but we commonly call that an

obligation, which hath a con∣dition annexed. The former author in the same place saith thus farder. An obligation is a deede, whereby the obligour doth knowledge himselfe to owe vnto the Obligee, a cer∣taine summe of money or other thing. In which, besides the par∣ties names, are to be considered the thing due, and the time, place and maner of payment, or deliuerie. Obligations be ei∣ther by mater in deede, or of record. An obligation by mater in deede is euery ob∣ligation not acknowledged & made in some court of record. Hitherto M. West.

Occupauit, is a writ that lieth for him, which is eiected out of his land or tenement in time of warre: as a writ of Novel disseisin lieth for one eiected in time of peace. Ingham §. Bref de novel disseisin.

Octo tales. See Tales: See Brooke tit. Octo tales.

Odio & atia, anno 3. Ed. 1. ca. 11: is a writ sent to the vnder∣shyreeue, to inquire whither a man being committed to prison vpon suspition of murder, be committed vpon malice or euill will, or vpon iust suspition. Re∣gister originall, fol. 133. b. See Bra∣cton li. 3. parte 2. ca. 20.

Office (Officium) doth signifie not onely that function, by ver∣tue whereof a man hath some imploiment in the affaires of a∣nother, as of the King or other common person; but also an Inquisition made to the Kings vse of any thing by vertue of his office who inquireth. And therefore wee oftentimes reade of an office found, which is no∣thing but such a thing found by Inquisition made ex officio. In this signification it is vsed anno 33. H. 8. cap. 20. and in Stawn∣fords praerog. fol. 60. & 61. where to trauers an office, is to trauers the inquisition taken of office. And in Kitchin fol. 177. to re∣turne an office, is to returne that which is found by vertue of the office, see also the newe booke of Entries, verbo Office pur le Roy. And this is by a metonymie of the effect: And there be two sorts of offices in this significati∣on, issuing out the exchequer by commission viz. an office to in∣title the King in the thing inqui∣red of, and an office of instru∣ction. which reade in Sir Edw. Cokes reports, vol. 6. Pages case. fol. 52. a. b. Office in fee, is that which a man hath to himselfe and his heires, anno 13. Ed. 1. ca. 25. Kitchin fol. 152. See Clerk.

Official (officialis) is a word very diversly vsed. For by sun∣dry Ciuilians of other countries, that write in these daies, it ap∣peareth to be applyed in many

places, to such as haue the sway of temporall iustice. Aegidius Bossius in pract. crim. tit. De offici∣alibus corruptis, &c. But by the auncienter ciuile lawe, it signi∣fieth him, that is the minister or appparitor of a magistrate or Iudge. l. 1. §. si quis vl∣tro. Π. de quaestio. & Co. de filiis offi∣cialium, &c. li. 12. In the Canon lawe, it is especially taken for him, to whome any Bishop doth generally commit the charge of his spirituall iurisdiction. And in this sence one in euery Dioces is (officialis principalis) whome the statutes and lawes of this King∣dome call chanceler. anno 32. H. 8. cap. 15. The rest, if there be more, are by the canō law called officiales foranei. glos: in clem. 2. de Rescriptis, but with vs termed Cō∣missaries (Commissarii) as in the statute of H. 8. or some times (Commissarii foranei.) The diffe∣rence of these 2. powers you may reade in Lyndwood, titulo de sequestra posses. ca. 1. verbo. Officia∣lis. But this word (officiall) in our statutes and common lawe signifieth him, whom the Arch∣deacon substituteth in the exe∣cuting of his iurisdiction. as ap∣peareth by the statute aboue mentioned and many other places.

Officiariis non faciendis vel a∣movendis, is a writ directed to the magistrates of a corporatiō, willing them not to make such a man an officer, and to put him out of the office he hath, vntill enquirie be made of his maners, according to an in∣quisition formerly ordeined. Re∣gister originall, fol. 126. b.

Onerando pro rata portionis, is a writ that lieth for a ioint tenent, or tenent in common, that is distreined for more rent, then the proportion of his land cōmeth vnto. Reg orig. f. 182. a.

Open Lawe (Lex manifesta; Lex apparens) is making of Lawe. which by Magna charta ca. 28. Bayliffes may not put men vnto vpon their owne bare assertions, except they haue wit∣nesses to proue their imputation.

Orchel. anno. 1. R. 3. ca. 8: Or∣chall anno. 24. H. 8. ca. 2. &. anno. 3. & 4. Ed. 6. ca. 2. seemeth to be all one with cork.

Ordinance of the forest (Ordi∣natio Forestae) is a statute made touching forest causes in the 34. yeare of Edward. 1. See As∣sise.

Ordinarie (Ordinarius) though in the ciuil lawe, whence the word is taken, it doth signifie a∣ny iudge that hath authoritie to take knowledge of causes in his owne right, as he is a magistrate, and not by deputation: yet in our common lawe, it is most commonly, and for ought I re∣member, alway taken for him,

that hath ordinarie Iurisdiction in causes ecclesiasticall. See Brooke hoc titulo. Lindwood in cap. exterior. titulo de Constitutioni∣bus. verbo Ordinarii, saith quòd Ordinarius habet locum principali∣ter in Episcopo, & aliis superioribus, qui soli sunt vniuersales in suis iu∣risdictionibus, sed sunt sub eo alii or∣dinarii, hii viz. quibus competit Iu∣risdictio ordinaria de iure, privilegio, vel consuetudine, &c. v. c.

Ordinatione contra seruientes, is a writ that lieth against a ser∣vant for leauing his master a∣gainst the statute: Register origi∣nall, fol. 189.

Ordael (Ordalium) is a Saxon word, signifiing as much as Iudgement, in some mens opini∣ons compounded of two Saxon words (or) a priuatiue, as (α) in greeke, and (dael. i. pars) It signi∣fieth as much as expers: but it is artificially vsed for a kind of purgation practized in auncient times: whereby the party pur∣ged, was iudged expers criminis, called in the canon lawe purgatio vulgaris, and vtterly con∣demned. 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 vsed in it. Of this you may like∣wise read Holinshed in his descrip∣tion of Britanie fol. 98. and also M. Manwood, parte pri. of his fo∣rest lawes, pag. 15. But of all the rest, Hotoman especially, disput. de feud. ca. 41. where of fiue kinde of proofes, which he calleth feudales probationes, he maketh this the fourth, calling it explora∣tionem, & huius furiosae probatio∣nis 6. genera fuisse animadvertit, per flammam, per aquam, per fer∣rum candens, per aquam vel geli∣dam vel feruentem, per sortes, & per corpus Domini, of all which he alledgeth seuerall examples out of historie, very worthie the rea∣ding. See M. Skene also de verbor. significatione. verbo (Machamiū) This seemeth to haue bene in vse here with vs in Henry the se∣conds dayes, as appeareth by Glanvile. lib. 14. cap. 1. & 2. Reade also of this in M. Verste∣gans Restitution of decayed in∣telligence. cap. 3. pag. 63. & seqq.

Orfgild, aliâs, Cheapegild, is a restitution made by the Hun∣dred or Countie, of any wrong done by one that was in plegio. Lamberd. Archaion. pag. 125. & 126.

Orgeis, anno, 31. Ed. 3. stat. 3. cap. 2. is the greatest sort of North sea-fish, now adaies called Organ ling.

Oredelfe, is a liberty whereby a man claimeth the Ore found in his soyle. New exposition of

Termes.

Ortelli, is a word vsed in the booke termed (pupilla oculi) in the chapter containing the char∣ter of the Forest. parte 5. cap. 22. and signifieth the clawes of a dogges foote, being taken from the French, orteils des pieds. i. digiti pedum, the toes.

Osmonds, anno 32. Henr. 8. cap. 14.

Oath of the King, (Iuramentum Regis) is that which the King ta∣keth at his Coronation, which in Bracton is set downe in these words. Debet Rex in coronatione sua, in nomine Iesu Christi praestito sacramento haec tria promittere po∣pulo sibi subdito: Inprimis se esse prae∣cepturum & pro viribus opem im∣pensurum vt ecclesiae dei & omni populo Christiano vera pax omni suo tempore observetur. Secundò, vt rapacitates & omnes iniquitates omnibus gradibus interdicat: 3. vt in omnibus iudieiis aequitatem praecipiat & misericordiam, vt in∣dulgeat et suā misericordiā clemens & misericors Deus, & vt per Iustitiā suam firma gaudeant pace vniuersi. And in the old abridgement of statutes set out in H. 8. daies, I finde it thus described. This is the oath that the King shall sweare at his coronation: That he shall keepe and maintaine the right and the liberties of the holy church, of old time graun∣ted by the righteous Christian Kings of England, and that he shall keepe all the lands, ho∣nours, and dignities righteous and free of the Crowne of England in all maner whole, without any maner of minish∣ment, and the rights of the Crowne hurt, decayed, or lost, to his power shall call againe into the auncient estate, and that he shall keepe the peace of the ho∣ly church and of the clergy, and of the people with good ac∣cord: and that he shall doe in all his iudgements equitie and right iustice with discretion and mer∣cie: and that he shall graunt to hold the lawes & customes of the realme, and to his power keepe them, and affirme them, which the folke and people haue made and chosen: and the euill lawes and customes wholly to put out: and stedfast and stable peace to the people of this realme keepe and cause to be kept to his power: and that he shall graunt no charter, but where he may doe it by his oath. All this I finde in the foresaide Booke, titulo. Sacramentum Regis. and Charter of pardon. quin∣to.

Oth of the Kings Iustices is, that they well and truly shall serue the king, and that they shall not assent to things, that may turne to his dammage or disinheri∣tance. Nor that they shall take

no fee nor liuerie of none but the king. Nor that they shall take gift nor reward of none that hath adoe before them, ex∣cept it be meate and drinke of smal value, as long as the plee is hanging before them, nor after for the cause. Nor that they shall giue councell to none in mater that may touch the King, vpon paine to be at the kings will, bo∣dy and goods. And that they shall doe right to euery person, notwithstanding the Kings le∣ters, &c. anno 18. Ed. 3. statut. 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se.

Otho, was a Deacon Cardinall of S. Nichens in carcere Tulliam, and Legate for the Pope heere in England, anno 22. H. 3. whose constitutions we haue at this day: Stowes An. pa. 303. & see the first constitution of the said Legat.

Othobonus was a Deacon Cardi∣nall of S. Adrian, and the Popes legate heere in England anno 15. H. 3. as appeareth by the award made betweene the said King and his commons, at Kenelworth. his constitutions we haue at this day in vse.

Ouch, anno 24. H. 8. ca. 13.

Ouster le main (Amouere ma∣num) word for word, signifieth to take off the hand, though in true French, it should be (Oster la main) It signifieth in the com∣mon law, a Iudgement giuen for him that tendeth a trauers, or sieweth a Monstrance de droit, or petition. For when it appear∣eth vpon the mater discussed, that the King hath noe right nor title to the thing he seised, then Iudgement shalbe giuen in the Chauncery, that the kings hands be amoued, and thereupon A∣moueas manum shalbe awarded to the Escheatour: which is as much, as if the iudgement were giuen, that he should haue a∣gaine his land. v. Stawn. praerog. ca. 24. See anno 28. Ed. 1. stat. 3. ca. 19. It is also taken for the writ graunted vpon this petiti∣on. Fitzh. nat. br. fol. 256. C. It is written oter le maine, anno 25. Hen. 8. ca. 22.

Ouster le mer (vltra mare) commeth of the French (oultre. i. vltra) and (le mer. i. mare) and it is a cause of excuse or Essoine, if a man appeare not in Court vp∣on Summons. See Essoin.

Outfangthef, aliâs vtfangthef, is thus defined by Bracton li. 3. tra. 2. ca. 34. vtfangthef dicitur la∣tro extraneus veniens aliunde de terra aliena, & qui captus fuit in terra ipsius, quitales habet liber∣tates, but see Britton otherwise. fol. 91: b: It is compounded of three Saxon words (out. i. extra) (fang. i. capio vel captus) and (Thef. i. fur) It is vsed in the common law, for a liberty or

priuiledge, whereby a Lord is inhabled to call any man dwel∣ling within his owne fee, and ta∣ken for felony in any other place, and to iudge him in his owne court. Rastals expos. of words.

Owelty of seruices, is an equali∣ty when the tenent parauaile oweth as much to the mesn, as the mesn doth to the Lord para∣mont: Fitzh. nat. br. fol. 136 A. B.

Outlawry (vtlagaria) is the losse or depriuation of the bene∣fit belonging to a subiect: that is, of the Kings protection and the Realme: Bracton: li. 3. tract. 2. ca. 11. num. pri. & nu. 3. Forisfacit vtlagatus omnia quae pacis sunt: Quia a tempore quo vtlagatus est, caput gerit lupinum, ita quòd ab omnibus interfici possit, & impunè: maxime si se defenderit, vel fuge∣rit, ita quòd difficilis sit eius captio. &, nu. 4. Si autem non fugerit, nec se defenderit cùm captus fuerit: ex∣tunc erit in manu domini Regis mors, & vita. & qui taliter captum interfecerit, respondebit pro co sicut pro alio, v. c.

Outeparters anno. 9. H. 5. ca. 8. seemeth to be a kind of theeues in Ridesdall, that ride abroad at their best advantage, to fetch in such catell or other things, as they could light on without that liberty: some are of opinion that those which in the forena∣med statute, are termed out-pat∣ters, are at this day called out∣putters, and are such as set mat∣ches for the robbing of any man or house: as by discouering which way he rideth or goeth, or where the house is weakest & fittest to be entred. See Intakers.

Owtryders, seeme to be none other but bayliffe errants, em∣ployed by the Shyreeues or their fermers, to ride to the fardest places of their counties or hun∣dreds, with the more speede to summon to their county or hun∣dred courts, such as they thought good to worke vpon. anno 14. Ed. 3. stat. 1. ca. 9.

Oxgang of Land (Bouata ter∣rae) Sixe oxgangs of land, seeme to be so much as sixe oxen will plough. Crompton. iurisd. fol. 220. but an oxegang seemeth pro∣perly to be spoken of such land as lyeth in gainour, old nat. br. fol. 117. M. Skene de verbor. significat. verbo Bovata terrae, saith, that an oxen-gate of land should alway conteine 13. acres, and that 4. oxen-gates extendeth to a pound land of old extent. See Librata terrae.

Oyer and Terminer, (audiendo & terminando) in true French (Ovir & terminer) is, in the in∣tendment of our lawe, a com∣mission especially graunted to certaine men, for the hearing and determining of one or more

causes. This was wont to be in vse vpon some sodaine out∣rage or insurrection in any place. Cromptons Iurisd. fol. 131. & 132. See The Statute of Westm. 2. cap. 29 anno, 13. Ed. 1. who might graunt this commission. And see Fitzh. nat. br. fol. 100. for the forme and occasion of the writ, as also to whom it is to bee graunted, and whom not. See Broke, titulo, Oyer & determi∣ner.

Oyer de Record, (Audire Re∣cordum) is a petition made in court, that the Iudges, for beter proofes sake, will be pleased to heare or looke vpon any Re∣cord.

P

PAcking whites. anno, 1. R. 3. cap. 8.

Pain fort & dure (poena fortis & dura) is in true French (peine fort & dure.) It signifieth in our common lawe, an especiall pu∣nishment for those, that being arraigned of felonie, refuse to put themselues vpon the ordi∣narie triall of God and the cun∣trey, and thereby are mute, or as mute in interpretation of law. This (as Stawnf. thinketh, pl. cor. lib. 2. cap. 60.) is founded vpon the Statute of Westm. prim. cap 12. anno. 3. Ed. prim. His rea∣son is, because Bracton, who writ before that Parlament, maketh no mention of it: and Britton writing after that time, toucheth it in his 4. chapter; fol. 11. viz. in words to this effect: If they will not acquite themselues, let them be put to their penance vntill such time as they do desire triall: and let the penance bee such: viz. Let them be bare leg∣ged, without girdle, and with∣out hatte or cappe, in their coate onely, and lye in prison vpon the naked earth day and night. And let them eate no bread, but of barley and branne, nor drink any other then water, and that vpon that day when they eate not. And let them be chained. Stawnford in his said 60. chapter of his second booke, expoun∣deth it more plainely and parti∣cularly in this sort. And note, that this strong and hard paine shall be such: sc. He shall be sent backe to the prison whence he came, and layed in some lowe darke house, where he shall lye naked vpon the earth without a∣ny litter, rushes, or other clo∣thing, and without any raiment about him, but onely something to couer his priuie members. And he shall lye vpon his backe with his head couered and his feete. And one arme shall bee drawne to one quarter of the house with a cord, and the o∣ther arme to another quarter: and in the same maner let it be

done with his legges: and let there be layed vpon his body i∣ron and stone, so much as he may beare or more: and the next day following, he shall haue three morsels of barley bread without drinke: and the second day, he shall haue drinke three times: and as much at each time, as he can drinke, of the water next vnto the prison doore, except it be running water, without any bread. And this shall be his diet vntill he dye.

Palatine. See County Palatine. See Cassan. de consuetud. Burg. pag. 14.

Palingman, anno. 11. Henr. 7. cap. 22.

Panell (panellum) commeth of the French (panne. i. pellis, or paneau) a peece or pane, as wee call it in English. It signifieth in our common lawe, a shedule or rolle, containing the names of such Iurours, as the Shyreeue prouideth to passe vpon any triall. Register orig. fol. 223. a. Kitthin, fol. 266. See Broke, hoc titulo. And thereupon the empa∣neling of a Iurie, is nothing but the entring of them into the Shyreeues rolle or booke.

Pannage (pannagium) is a tolle or contribution. Fitz. nat. br. fol. 227. D. See Pawnage.

Paramounte, aliâs peremounte, commeth of these two French words (par. i. per) and (Monter. i. ascendere) It signifieth in our law, the highest Lord of the fee: for there may be a Tenent to a Lord, that houldeth ouer of a∣nother Lord. And the former of those is called Lord Mesn, the second Lord paramount. And a Lord paramount (as it seemeth by Kitchin, fol. 209) consisteth only in comparison: as one man may be great being compared with a lesser, and litle being compared with a greater: and as Genus, among the Logicians, may be in diuers respects both genus, and species. Fitzh. nat. br. fol. 135. M. So that none seemeth simply to be Lord paramount but only the King, as Genus summum is simply Genus. For the King is patron paramount to all the be∣nefices in England, Doctor and student: ca. 36. See Parauaile, Maner. and Fee.

Parauaile, aliâs Perauaile, is compounded of two French words (par. i. per) and (aualler. i. dimittere, demittere) It signifieth in our common law, the lowest tenent, or him that is tenent to one, who houldeth his fee ouer of another, So is it vsed. pl. cor. fol. 197. and Fitzh. nat. br. fol. 135. M. See Paramounte. See Mesn.

Parcell makers, are two officers in the eschequer, that make the parcels of the escheators ac∣coumpts, wherein they charge

them with euery thing they haue leuyed for the kings vse, within the time of their office, & deliuer the same to one of the auditors of the court, to make an accompt for the escheatour thereof.

Parceners. See Coparceners.

Parcinarie (participatio) com∣meth of the French (partir. i. diui∣duum facere. It signifieth in our common law, a houlding or oc∣cupying of land by more pro in∣diviso, or by ioynt tenents, other∣wise called Coparceners, of the French (parsonnier. i. partiarius, particeps.) For if they refuse to diuide their common inheritance and chuse rather to hold it ioynt∣ly, they are said to hold in parci∣narie. Litleton, fol. 56. & 57. This by the Feudists and Lombards is termed (adaequatio, vel paragium.) And among the auncient Ro∣manes particulones, sic enim au∣thore Nonio, a veteribus cohaeredes inter se dicebantur, quòd partes in∣vicem facerent. Spigelius.

Pardon (Perdouatio) is a French word, signifiing as much as pax, venia, gratia. It is vsed most no∣toriously in our common lawe, for the remitting or forgiuing of a felonious or other offence committed against the king. This pardon is two-fold: one ex gratia Regis, the other, per cours del ley, by course of law. Stawns. pl. cor. fol. 47. Pardon ex gratia Regis, is that, which the king, in some speciall regard of the person or other circum∣stance, sheweth or affoordeth vpon his absolute prerogatiue or power. Pardon by course of lawe, is that, which the lawe in equitie affoordeth, for a light offence, as homicide casuall, when one killeth a man hauing no such meaning. West. parte 2. symbol. titulo, Inditements. sect. 46. Of this see the new booke of Entries, verbo, Perdon.

Pardoners, anno 22. H. 8. c. 12. were certaine fellowes that ca∣ried about the Popes Indulgen∣ces, and sold them to such as would buy them, against whom Luther, by Sleydans report, in cen∣sed the people of Germany in his time, exhorting them, ne merces tam viles tanti emerent.

Parke (parcus) commeth of the French (parquer. i. vallo, vel fossa circundare.) It signifieth with vs, a peece of grounde inclosed and stored with wild beastes of chase. Which a man may haue by prescription or the kings graunt. Cromptons Iurisd. fol. 148. M. Manwood parte pri. of his Forest lawes. pag. 148. de∣fineth it thus: A parke is a place of priuiledge for wilde beastes of venerie, and also for other wild beasts, that are beasts of the Forest, and of the chase, tam syluestres, quam campestres. And all those wild beastes are to

haue a firme peace and protectiō 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 parke is of another nature, then either a chase, or a warren is. For a parke must bee inclosed, and may not lye ope: for if it doe, that is a good cause of seisure of the same into the hands of the king, as a thing for∣feited: as a free chase is, if it be enclosed. And moreouer, the owner cannot haue action against such as hunt in his park, if it lye open. See Forest. See Chase. See Warren. This word Parke, Baldwinus deriueth a para∣diso, eum{que} locum esse dicit, in quo varia animalia ad vsum voluptatis, aut venationis includuntur & possi∣dentur, adempta naturali libertate. Ad tit. de rerum divis. in Institu∣tionib.

Parco fracto, is a writ which lyeth against him, that violently breaketh a pound, and taketh out beasts thence, which, for some trespas done vpon another mans ground, are lawfully im∣pounded. Register originall fol. 166. Fitzh. nat. br. fol. 100.

Parish (parochia) commeth of the greeke (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. Acco∣larum conuentus, accolatus, sacra vicinia) it is vsed in the Cannon law, some time for a Bishoprick. But in our common law, it signi∣fieth the particular charge of a secular priest. For euery church is either Cathedrall, Couentuall, or Parochiall. Cathedrall is that, where there is a Bishop seated, so called a Cathedra: Conuentu∣all consisteth of Regular clerks, professing some order of religi∣on, or of Deane and chapter, or other colledge of spirituall men. Parochiall is that, which is instituted for the saying of di∣uine seruice, and ministring the holy Sacraments to the people dwelling within a certaine com∣pas of ground neare vnto it. Our Realme was first diuided into parishes by Honorius Archb: of Canterbury, in the yeare of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I finde there were in England in the daies of H. 8. the number of 45000. Hotoman in his disputa∣tions de feudis. ca. 2. maketh mention of this word (parochia) out of Pomponius Laetus in these words. Nam sic quo{que} Pompo∣nius Laetus veterem consuetudinem fuisse scribit, eam{que} ab Imperat〈…〉〈…〉 Constantino repetitam, vt Duc〈…〉〈…〉 praefectis, Tribunis qui pro augend•• Imperio consenuerant, darentur agri, villae{que}, vt necessaria suppet〈…〉〈…〉, quoad viuerent, quas paroehias cabant. And a litle after: ver〈…〉〈…〉 inter feuda & parochias hoc 〈…〉〈…〉 est, quod hae plerum{que} senibus〈…〉〈…〉 veteranis, pleris{que} emeritae 〈…〉〈…〉

dabantur, qui cum de Rep. bene me∣riti essent, publico beneficio reliquum vitae sustentabant: aut si quod bel∣lum nasceretur, euocati non tam milites, quàm magistri militū vide∣rentur. Feuda vero plurimum I•• ••e∣nibus robustis, & primo flore aetatis, qui militiae munus sustinere poterāt: i∣mo verò & vt possēt & vt vellēt, &c.

Parlament (parlamentum) is a French word signifiing original∣ly as much as (Collocutio) or (col∣loquium) but by vse, it is also ta∣ken for those high courts of Iu∣stice throughout the kingdome of Fraunce, where mens causes and differences are publikely determined without farder ap∣peale. Whereof there be seuen in number: as Paris, Tolouse, Gresnoble in Daulphene, Aix in Prouence, Bordeaux, Diion in Bour∣gogine, and Roan in Normandy. Vincentius Lupanus de Magistrat. Franc. lib. 2. cap. Parlamentum. num. 28. whereunto Gerard de Haillon addeth the eighth. viz. Rhenes in Brettagne.

In England we vse it for the assembly of the king and the three estates of the Realme, videlicet. the Lords Spirituall, the Lords Temporall, and com∣mons, for the debating of maters touching the common wealth, and especially the ma∣king and correcting of lawes. which assembly or court is of all other the highest, and of grea∣test authoritie, as you may reade in Sir Thomas Smith. de Repub. Anglo lib. 2. cap. 1. & 2. Camd. Britan. pag. 112. and Cromptons Iurisd. fol. pri. & seqq. The instituti∣on of this court Polydor Vir∣gil, lib. 11. of his Chronicles, referreth after a sort to Henry the first: yet confessing that it was vsed before, though verie seldome. I find in the former prologue of the Grande Custu∣marie of Normandie, that the Normans vsed the same meanes in making their lawes. And I haue seene a monument of An∣tiquite, shewing the maner of houlding this parlament in the time of King Edward the sonne of King Etheldred, which (as my note saith, was deliuered by the discreeter sorte of the Realme vnto William the Con∣querour, at his commaunde∣ment, & allowed by him. This writing beginneth thus. Rex est caput, principium, & finis par∣lamenti, & ita non habet pa∣rem in suo gradu. Et sic ex Rege solo primus gradus est. Secundus gradus est ex Archiepiscopis, Episco∣pis, Abbatibus, Prioribus per Baro∣niā tenentibus. Tertius gradus est, de procuratoribus cleri. Quartus gradus est de Comitibus, Baronibus, & aliis Magnatibus. Quintus gra∣dus est de militibus Comitatuum. Sextus gradus est de civibus & Burgensibus: & ita est parlamen∣tum

ex sex gradibus. sed sciendum, licet aliquis dictorum quin{que} gradu∣um post Regem absens fuerit, dum tamen omnes praemoniti fuerint per rationabiles summonitiones, parla∣mentum nibilo minus censetur esse plenum. Touching the great au∣thoritie of this court, I finde in Stowes Annalls, pag. 660. that Henry the sixth directing his priuie seale to Richard Earle of Warwicke, thereby to dis∣charge him of the Captain∣ship of Cales, the Earle refu∣sed to obey the priuie seale, and continued forth the said office, because he receiued it by Parlament. But one example cannot make good a doctrine. And of these two one must needes be true, that either the king is aboue the Parlament, that is, the positiue lawes of his kingdome, or els that he is not an absolute king. Aristotle lib. 3. Politico. cap. 16. And therefore though it be a mercifull policie, and also a politique mercie (not altera∣ble without great perill) to make lawes by the consent of the whole Realme, be∣cause so no one part shall haue cause to complaine of a partialitie: yet simply to binde the prince to or by these lawes, weare repugnant to the nature and constitution of an absolute monarchy. See Bracton. lib. 5. tract. 3. ca. 3. nu. 3. and Cassan de consuet: Burg: pag. 335. and Tira∣quel. in his booke De Nobilitate, cap. 20. pag. 68. nu. 26. See the statute anno 31. H. 8. cap. 8. in prooemio. and many excellent men more, that handle this point. That learned Hotoman in his Francogallia, doth vehe∣mently oppugne this ground, as some other that write in corners: but he is so cleane o∣verborne by the pois of rea∣son, that not onely many meaner men for learning triumph ouer him in this case, but himselfe, as I haue credi∣bly hard, vpon the sight of his fault, cried God and the world mercie for his offence, in writing that erroneous and seditious booke. The Emperours of Rome had their semestria consilia, & their praetorium or place of councell, builded by Augu∣stus in his palace, and therevp∣on called (palatium) afterward termed (consistorium) where they, as in their principall court, did both determine the greatest sort of their causes, and also made their constitutions. And heere had they assisting them many of the wisest of their em∣pire; whome Augustus first called (consiliarios,) Alexander Se∣verus afterward (scriniorum prin∣cipes) others after that (palati∣nos) and then (comites consistori∣anos)

And these men in this respect, were indued with great honour, and enioyed many pri∣uiledges. Yet were they but assi∣stants to the Emperour to ad∣uise him, not chalenging any power ouer him, or equal with him. More touching the course and order of this Parlament, see in Cromptons Iurisdict. fol. pri. & seqq. and Vowell, aliâs Hooker, in his booke purposely writen of this mater. See King.

Parole (Loquela) is a French word, signifying as much as (Dictio, allocutio, sermo, vox) It is vsed in Kitchin, fol. 193. for a plee in court. It is also some∣time ioyned with lease, as Lease parol, that is Lease per parole. a lease by word of mouth.

Parson (Persona) commeth of the French (Personne). It peculi∣arly signisieth with vs, the Re∣ctor of a church: the reason whereof seemeth to be, bi∣cause he for his time repre∣senteth the church, and sustei∣neth the person thereof, as well in siewing, as being siewed in any action touching the same. See Fleta. lib. 6. ca. 18. Parson impersonee (persona imper∣sonata) is he that is in posses∣sion of a church, whether ap∣propriated or not appropriated. for in the new booke of Entries, verbo Ayde in Annuity, you haue these words. Et praedictus A dicit, quod ipse est persona prae∣dictae ecclesiae de S. impersonata in eadem ad praesentationem E. pa∣tronissae, &c. So I haue reason to thinke, that persona is the patrō or he that hath right to giue the benefice, by reason that before the Lateran councell he had right to the tithes, in respect of his liberalitie vsed in the ere∣ction or endowment of the church, quasi sustineret personam ecclesiae. and he persona impersona∣ta to whome the benefice is giuen in the patrons right. For I reade in the Register Iudiciall personam impersonatam, for the Rector of a benefice presenta∣tiue and not appropriated, fol. 34. b. and see Dyer. fol. 40. nu. 72. where he saith that a Deane and chapter be per∣sons impersonees of a bene∣fice appropriated vnto them. who also fol. 221. num. 19. plainly sheweth that persona impersonata is he that is indu∣cted and in possession of a benefice. So that persona see∣meth to be termed impersona∣ta, onely in respect of the possession that he hath of the benefice or Rectorie, be it ap∣propriated or otherwise, by the act of another. And yet I haue talked with men of good opini∣on in the common lawe, that hold onely the proprietarie of

a benefice to be the person per∣sonee. But if that weare true, he should rather be called person parsonnier. i. partiarius vel particeps fructuum, because the Vicare hath some parte toward his paines in ser∣uing the cure. For (parsonnier) in the french tongue. is (partiarius) or (particeps)

Partes finis nihil habuerunt, &c. is an exception taken against a fine levied. Cookes reports lib. 3. the case of Fines. fol. 88. a. b.

Parters of gold and siluer. See Finours.

Partitione facienda, is a writ that lieth for those, which hould lands or tenements Pro Indiuiso, and would seuer to euery one his part, against him or them that refuse to ioyne in partition as Coparceners and Tenents in Gauel kind, ould: nat. br. fol: 142. Fitzh. nat. br. fol. 61. Register orig. fol. 76. 316. and Register Iudiciall, fol. 80. and the new booke of Entrise. verbo Partition.

Part let, seemeth to be some part of a mans attire, as name∣ly some loose collar of a dub∣let, to be set on or taken of by it selfe. without the bodies, as mens bands or womens nec∣kirchiefs be, which are in some places, or at least haue beene within memory, called partlets. This word is reade in the sta∣tute, anno 24. H. 8. ca. 13. and seemeth to be a diminutine of the word (part.)

Paruo nocumen to, is a writ. See Nusance.

Passage (Passagium) is a French word, signifying transitum, transi∣tionem, meatum. It signifieth in our common lawe, the hire that a man payeth for being trans∣ported ouer sea, anno 4. Ed. 3. cap. 7. or ouer any riuer. Westm. 2. cap. 25. anno 13. Ed. pri.

Passagio, is a writ to the kee∣pers of ports, to let a man passe ouer, that hath license of the king. Register originall. fol. 193. b. 194. a.

Passeport, is compounded of two French words (Passer. i. per∣ambulare, transire) and (port. i. portus) It signifieth with vs, a license made by any that hath authoritie, for the safe pas∣sage of any man from one place to another. anno 2. Ed. 6. ca. 2.

Pasuage, pasuagium. See Paw∣nage.

Patent (literae patentes) is diffe∣rent from a writ, Cromptons Iurisd fol. 126. The Coroner is made by writ and not by pa∣tent. See Leters patents. See also Literae patentes in the table of the Register, where you shall finde the forme of diuers pa∣tents.

Patron (Patronus) is vsed in

the Ciule lawe, for him that hath manumitted a seruant, and thereby is both iustly ac∣compted his great benefactor, and challengeth certaine reve∣rence and dutie of him during his life: see the title De iure patranatus: in the Digest: with the Feudists it is vsed pro au∣thore feudi. Hotom. verbo Patro∣nus, in his commentarie de verbis feudal. In the canon lawe, as also in the feuds, and our com∣mon lawe, it signifieth him that hath the gift of a bene∣fice. And the reason is, be∣cause the gift of churches and benefices originally belonged vnto such good men, as either builded them, or els indowed them with some great part of the reuenew belonging vnto them. De iure patronatus in the Decretals. Such might well be called patrons, as builded the Church, or inriched it: but these that now haue the gift of a benefice, are more com∣monly patronized by the Church, though against her will, alway selling their presentati∣ons as deerely as they can: and therefore may be called Patroni a patrocinando, as Mons à mouendo. Patronum faciunt dos, aedificatio, fundus, saith the old verse, Of lay patrons one writeth thus. Quod autem a supremis pontisicibus proditum est, (ca. cùm dilectus, extra de iure patronatus) laicos ius habe∣re presaentādi clericos Ordinarois: hoc singulari favore sustinetur, vt alle∣ctētur laici, invitētur, & inducantur ad constructionē ecclesiarū (c. quoni∣am. eodem) Nec omni ex parte ius patronatus spirituale censeri debet, sed temporale potius spirituali an∣nexum. (glos. in c. piae mentis, 16. qu. 7.) These be Corasius words in his paraphrase ad sacerdotiorum mate∣rium, parte pri. cap. 2. and parte. 4. cap. 6. in principio, he thus writeth of the same mater. Patroni in iure Pontificio dicuntur qui alicuius ecclesiae extruendae. aut alterius cu∣iuscun{que} fundationis ecclesiasticae authores fuerunt, ideo{que} praesentan∣di & offerendi clericum ius habent. quem ecclesiae vacanti praeesse, & in ea collatis reditibus frui velint. Acquirunt autem hoc ius, qui de Episcopi consensu vel fundant ec∣clesiam, hoc est, locum in quo templum extruitur, assignant, vel ecclesiam aedificant, vel etiam con∣structas ecclesias ante consecratio∣nem dotant. vt non valde sit ob∣scurum, ius patronatus quo de agi∣mus, finire, ius esse praesentandi cle∣ricum ad ecclesiam vacantem ex gratia ei concessum, qui consentien∣te Episcopo, vel const••uxi••, vel dot a∣vit ecclesiam.

Pannage (Pannagium, aliâs pas∣nagium) or (pennagium) as it is latined (in pupilla oculi) may be probably thought to come of the French (panez) or (panets) which

is a roote something like a par∣snep, but somewhat lesse and ranker in taste, which hogs in Fraunce feede vpon, though it be eaten by men also; and the French may seeme to come of the latine (pamcium). i. that which men vse in the steede of bread (Isodorus) or (panicium) of the French. It signifieth in our common law, the mony taken by the Agistors for the feede of hogs with the mast of the kings fo∣rest: Crompton. Iurisd. fol. 165. Westm. 2. cap. 25. anno 13. Ed. pri. with whom M. Manwood parte pri: of his forest lawes a∣greeth in these words: Agist∣ment is properly the common of herbage of any kinde of ground, or land, or woods, or the mo∣ney due for the same: and paw∣nage 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, driueth the word from the greeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 at the which (I thinke) he smiled himselfe when he set it downe. Lindwood defineth it thus: Panagi∣um est pastus pecorum in nemoribus & in syluis, vtpote de glandibus & aliis fructibus arborum syluestrium, quarum fructus aliter non solent colligi. titulo de decimis. ca. san∣cta. verb: Pannagiis. M. Skene de verborum signf. calleth it pan∣nagium, and defineth it to be the duty giuen to the king, for the pasturage of swine in his forest. The French word for the same thing is (panage) or (glandee). i. glandatio, vel glandium collectio, & pastio suum ex glandibus. And we surely take it from the French, whence they had it, or what eti∣mologie they make of it, let themselues looke.

Peace (pax) in the generall signification is opposite to warre or strife. But particularly it signi∣fieth with vs, a quiet and harm∣lesse cariage, or behauiovr to∣ward the king and his people. Lamb. eirenarcha. li. 1. ca. 2. pag. 7. And this is one way prouided for all men by oath, as you may read in Frank pledge, but more e∣specially in case, where one par∣ticular man or some few goe in daunger of harme from some o∣ther. For vpon his oath made thereof before a Iustice of peace, he must be secured by good bond. See Lamb. eirenarcha lib. 2. c. 2. p. 77. See also Cromptons Iu∣stice of peace. fol. 118. b. &c. vs{que} f. 129. This amōg the Ciuiliās is called cautio de non offendedo. Gail, de pace publ. lib. pri. c. 2. nu. 〈◊〉〈◊〉.

Peace of God and the church, (pax Dei & ecclesiae) is auncient∣ly vsed for that rest, which the kings subiects had from trouble and suite of law, betweene the

termes. See Vacation.

Peace of the King. anno. 6. R. 2. stat. pri. ca. 13. is that peace and securitie both for life and goods, which the King promi∣seth to all his subiects or others taken to his protection. See Suite of the kings peace. This pointe of policie seemeth to haue beene borowed by vs from the Feudists. for in the second booke of the seuds, there is a chapter viz. the 53. chapter intituled thus. De pace tenenda inter subditos, & iuramento firman∣da, & vindicanda, & de poena iu∣dicibus apposita, qui cum vindicare & Iustitiam facere neglexerint, the contents of which chapter is a Constitution of Fredericke the first, as Hotoman there proueth, expounding it very learnedly and like himselfe. Of this kings peace, Roger Houeden setteth downe diuers branches, parte po∣ster. suorum annalium. in Henr. 2. fol. 344. a. b. and fol. 430. b. he mentioneth a sorme of an oth which Hubert Archbishop of Canterburie, and chiefe Iustice of Englād in R. the first his daies, sent through the whole realme, to be taken by the kings sub∣iects. See Deciners. See Suertie of peace. There is also the peace of the Church, for which, see Sanctuarie. And the peace of the kings high way, which is the immunitie that the kings high way hath, from all annoyance or molestation. See Watling street. The peace of the plowe, where∣by the plow and plow catell are secured from distresses. For which, see Fitz. nat. br. fol. 90. A. B. So Fayres may be said to haue their peace, because noe man may in them be troubled for any debt elsewhere contra∣cted. See Fayre.

Pedage (pedagium) signifieth money giuen for the passing by foote or horse through any countrey. extra de Censibus, ca. Innovamus. I reade not this word in any English writer, but onely the author of the booke called pupilla oculi. parte 9. cap. 7. A. D. I thinke we ra∣ther vse passage for it. Pedagia dicuntur quae dantur â transeunti∣bus in locum constitutum à prin∣cipe. Et capiens pedagium debet dare saluum conductum, & terri∣torium eius tenere securum. Baldus in vsibus Feudorum. de pa. iura. fir. §. Conventionales. Cassan. de con∣suetud. Burg. pag. 118. hath these wordes, Pedagium a pede dictum est, quòd à transeuntibus solvitur, &c.

Peere (pila) seemeth properly to be a fortresse made against the force of the sea, for the better securitie of ships, that lye at harbour in any hauen. So is the peere of Douer described in M. Camd. Brit. p. 259. in meo.

Peeres (pares) commeth of the French (per. i. par) it signifieth in our common lawe, plurally those, that are empaneled in an Enquest, vpon any man for the conuicting and clearing him of any offence, for the which he is called in question. And the rea∣son thereof is, because the course and custome of our nation is, to trie euery man in this case by his equals. West prim. cap. 6. anno. 3. Ed. prim. So Kitchin vseth it. fol. 78. in these wordes: Mais si le a∣merciament soit affirre per pares. And this word in this significa∣tion, is not in vse with vs onely, but with other nations also. For pares sunt conuasalli, quorum sententiá vasallus propter feloniam est condemnatus. Barklaius de Re∣gno, lib. 4. cap. 2. Et pares sunt qui ab eodem domino feudum tenent, lib. prim. Feudor. cap. 26. But this word is most notoriously vsed for those that be of the Nobili∣tie of the Realme, and Lords of the Parlament, and so is it vsed in Stawnf. pl. of the Crowne, lib. 3. cap. Triall per les Peeres, being the first. The reason whereof is, because though there be a di∣stinction of degrees in our Nobi∣litie, yet in all publike actions they are equall: as in their voices in Parlament, and in passing v∣pon the triall of any Noble man, &c. This appellation seemeth to be borowed from Fraunce, and from those twelue Peeres, that Charles the Great, (or Lewis the younger, in some mens opi∣nion) instituted in that king∣dome, which be next vnto the King, and are of like dignitie a∣mong themselues, touching their power in publike affaires. Of whome you may reade Vincen∣tius Lupanus de magistrat. Fraun∣ciae lib, 1. cap. Pares Fraunciae. So that we though we haue bo∣rowed the appellation, and ap∣plied it with some reason to all that are Lords of the Parla∣ment, yet haue wee no sett number of them, because the number of our Nobles, may be more or lesse, as it plea∣seth the King.

Pelota, is a word vsed in the booke called (pupilla ocult) par∣te 5. cap. 22. signifying the ball of the foot, of the French (pelote.) i. pila.

Peru fort & dure. See Pain for & dure.

Pelt wooll, is the woll pul∣led off the skinne or pelt of dead sheepe, anno 8. H. 6. cap. 22.

Penon, anno 11. R. 2. cap. prim. is a Standard, Banner, or Ensigne, caried in warre. It is borowed from Fraunce: for pennon in the French language signifieth the same thing. See Baneret: yea reade this word anno 21. R. 2. cap. 1.

Penne, See Baye.

Peper, (piper) is a spice known in a manner to euery childe, beeing the fruite of a plant, that is betweene a tree and an herbe: of whose diuersities and nature, you may reade Ge∣nards herball, lib. 3. cap. ••46. This is set among merchandize that are to be garbled. anno, 1. Iacob. cap. 19.

Peper lowse, anno, 32. H. 8 cap. 14.

Per. cui, & post, See Entrie.

Perambulatione facionda, is a writ, that is siewed out by two or more Lords of manets, lying neere one another, and consen∣ting to haue their bounds seue∣rally knowne. It is directed to the Shyreeue, commanding him to make perambulation, and to set downe their certaine limits betweene them. Of this reade more at large in Fitz. nat. br. fol. 133. See Rationabilibus diuisis. See the Regist. orig. fol. 157. and the new booke of Entries, verbo, Perambulatione facienda.

Perche (pertica) is a French word, signifying a long pole. It is vsed with vs for a Rodde or Pole of 16. foote and a halfe in length. Where of 40 in length and foure in bredth make an acre of ground. Cromptons. Iurisd. fol. 222. Yet by the custome of the countrie, is may be longer, as he there saith: For in the Forest of Sheerewood it is 25. foot, fol. 224. M. Skene de verbor. signif. verbo, Particata terrae, saith, that partica∣ta terrae is a Roode of land: where he hath also these wordes in effect: Three beere cornes with∣out tayles set together in length make an inch: of the which cornes one should be taken of the midde ridge, one of the side of the ridge, another of the furrow. Twelue inches make a foot of measure: three foote and an inch make an elne; sixe elnes long make one fall. which is the common lineall measure, and sixe elnes long, and sixe broade, make a square and su∣perficiall fall of measured land. And it is to be vnderstood, that one rod, one raip, one line all fall of measure, are all one, for each one of them containeth sixe elnes in length. Howbeit, a rod is a staffe or pole of wood, a raipe is made of tow or hempe. And so much land as falleth vn∣der the rod or raipe at once, is called a fal of measure, or a lineal fall: because it is the measure of the line or length onely. Like as the superficiall fall is the mea∣sure both of length and bredth. Item, tenne fals in length and foure in bredth make a Roode; foure Roodes make an acre, &c. This is the measure of Scotland, where of you may reade more in the same place.

Perdonatio vtlagariae, in the Re∣gister iudiciall, fol. 28. is the forme of pardon for him, that for not comming to the kings court is outlawed, and afterward of his owne accord yeldeth himselfe to prison.

Peremptorie (peremptorius) com∣meth of the verb (perimere) to cut of, and ioyned with a sub∣stantiue (as action or exception) signifieth a finall and determi∣nate act without hope of renew∣ing. So Fitzh. calleth a peremp∣tory action, nat. br. fol. 35. P. fol. 38. M. fol. 104. O. Q. R. fol. 108. D. G. and non-suite pe∣remptorie. idem, eodem, fol. 5. N. F. fol. 11. A. peremptory excep∣tion. Bracton li. 4. ca. 20. Smith de rep. Anglorum, li. 2. ca. 13. cal∣leth that a peremptory excepti∣on, which can make the state and issue in a cause.

Perinde valere, is a dis∣pensation graunted to a clerk, that being defectiue in his capacity to a benefice or other ecclesiasticall function, is de facto admitted vnto it. And it hath the appellation of the words which make the faculty as effectuall to the party dispensed with, as if he had bene actually capable of the thing, for which he is dispensed with, at the time of his admissiō.

Perkins, was a learned Lawyer, fellow and bencher of the inner Temple, that liued in the daies of Edward the 6. and Queene Ma∣ry. He writ a booke vpon diuers points of the common law of very great commendation.

Permutatione Archidiaconatus & ecclesiae eidem annexae, cum ec∣clesia & praebenda, is a writ to an Ordinary commaunding him to admit a clerk to a benefice, vpon exchaunge made with ano∣ther: Register orig. fol. 307. a.

Pernour of profits, commeth of the French verb (prendre. i. acci∣pere) and signifieth him that ta∣keth as pernour of profits, anno 1. H. 7. ca. pri. Pernour de profits, and cesti quevse is all one, Coke li. i. casu Chudley. fol. 123. a. See Pernour, anno 21. R. 2. ca. 25.

Per quae seruitia, is a writ iudi∣ciall issuying from the note or fine, and lyeth for the cognizee of a maner, seignory, cheife rent, or other seruices, to compell him that is tenent of the land at the time of the note of the fine leui∣ed, to atturne vnto him. West parte 2. symbol. titulo Fines. sect. 126. To the same effect speaketh the old nat. br. fol. 155. See also the new booke of Entries. ver•••• Per quae seruitia.

Perquisite (perquisitum) signifi∣eth, in Bracton, any thing pur∣chased, as perquisitum facere. 〈◊〉〈◊〉 2. cap. 30. nu. 3. & lib. 4. ca. 22. Perquisites of court, be those profits that grow vnto the Lord of a maner, by vertue of his

Court Baron, ouer and aboue the certaine and yearely profits of his land, as escheats, mariages, goods purchased by villeines, fines of copie houlds, and such like. New terms of the law.

Person. See Parson.

Personable, signifieth as much as inhabled to hould or maine∣taine plee in a court. for example: The demaundant was iudged personable to maintaine this a∣ction. old. nat. br. fol. 142. and in Kitchin fol. 214. The tenent plea∣ded that the wife was an alien borne in Portingall without the ligeance of the King, and Iudge∣ment was asked whether she∣would be answered. The plain∣tife saith: shee was made perso∣nable by Parlament, that is, as the Ciuilians would speake it, habere personam standi in iudi∣cio. Personable is also as much, as to be of capacitie to take any thing graunted or giuen. Plow∣den, casis Colthirst. fol. 27. b.

Personall (Personalis) hath in our common lawe, one strange signification, being ioyned with the substantiue, things, goods, or Chatels: as things personall, goods personall, Chatels perso∣nall, for thus it signifieth any corporeall, and moueable thing belonging to any man, be it quicke, or dead. So is it vsed in West, parte 2. symbol. titulo Indite∣ments, sect. 58. in these words. Theft is an vnlawfull felonious taking away of another mans moueable personall goods, and againe, fol. 61. Larceny is a felo∣nious taking away of another mans moueable personal goods; & Kitchin f. 139. In these words: Where personall things shalbe giuen to a corporation: as a horse, a cowe, an oxe, sheepe, hogs, or other goods, &c. and Stawnford. pl cor. fo. 25. Contrecta∣tio rei aliena, is to be vnderstood of things personall: for in things reall it is not felony, as the cut∣ting of a tree is not felony. The reason of this application, see in Chatell.

Personalty (Personalitas) is an abstract of persouall. The acti∣on is in the personalty, old. nat. br. fol. 92. that is to say, brought a∣gainst the right person, or the person against whome in lawe, it lieth. I find these contrary words. (Personalitas & Impersona∣litas) in the author of the booke called vocabularius vtrius{que} iuris: as for example, Personalitas signifi∣catur per has dictiones: tu, mihi, ego, tibi, cum alto significato quod pro∣babiliter conclulitur & si nullo modo concludatur, tunc est Impersonali∣tas, quia actum vitiat, prout ratio dictat. verbi gratia. Ego stipulor: constituis te mihi soluturum debi∣tum a Titio mihi debitum: Tu re∣spondes, Satisfiet. Haec Impersonali∣tas non contrahit obligationem.

Persons ne Praebendaries ne se∣ront

charges as quinsimes, &c. is a writ that lyeth for preb en∣daries or other spirituall per∣sons, being distreined by the shyreeue, or collectours of fif∣teenths, for the fiftenth of their goods, or to be contributory to taxes. Fitzh. nat. br. fol. 176.

Pesterable wares, seeme to be such wares, as pester and take vp much roome in a shippe, an∣no 32. H. 8. cap. 14.

Peter pence (Denar〈…〉〈…〉 Sancti Pe∣tri) otherwise called in the Sax∣on tongue Roomfooh. i. the see of Rome, or due to Rome, and also Romescot, and Rome penning, was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome, in the yeare of our Lord. 720. which was a peny for euery house. Lamberds explication of Saxon words. verbo Numus. whome see also fol. 128. in Saint Edwards lawes. nu. 10. where it is thus writen. Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio, Anglorum lege dabit denariū Sancti Petri, & lege Danorum, dimidiam merkam: Iste verò denarius debet summoniri in solennitate. Apostolorum Petri & Pauli & colligi ad festivitatem, quae dicitur ad vincula: ita vt vltra illum diem non detincatur. Si quis∣piam detinuerit, ad Insticiam Re∣gis 〈◊〉〈◊〉 deferatur, quoniam dena∣rius hic Rogis eleemmoz〈…〉〈…〉 est, Iusticia verò faciat denarium 〈◊〉〈◊〉 dere, & foriffacturam. Episcopi•• & Regis. Quòd si quis domos plures had buerit, de illa, vbi residens fuerit in∣festo Apostolorum Petri & Paul•• denarium reddat. See also King Edgars lawes. fol. 78. cap. 4. which containeth a sharpe constitution touching this 〈…〉〈…〉∣ter, Stowe in his Annals, pag. 67. saith, that he that had 20. pe∣ni worth of goods of one manes catell in his house, of his own proper, was to giue a p〈…〉〈…〉 at Lammas yearly. See Romes〈…〉〈…〉

Petit Cape. See Cape.

Petit Larceny (parvum latr〈…〉〈…〉 nium) See Larcenye.

Petit treason (parua traditio) in true French is (petit trahizon. 〈…〉〈…〉 proditio minor) treason in a lesser or lower kinde. For whereas treason in the highest kinde, is an offence done against the se∣curitie of the common wealth West parte 2. symb. titulo Indi••e∣ments, sect. 63. petit treason is of this nature, though not so expres∣ly as the other. Examples of petit treason you shall find to be these: if a seruant kill his ma∣ster, a wife her husband, a secu∣lar or religious man his prelate, anno 25. Edward 3. cap. 2. Where∣of see more in Staw••f. pl. cor. lib. 1. cap. 12. See also Crom〈…〉〈…〉 Iustice of peace. fol. 2. where he addeth diuers other examp〈…〉〈…〉 those of Stawnford. For the pu∣nishment

of petit treason, see the statute, anno 22. H. 8. cap. 14. and Crompton vbi supra.

Petition (Petitio) hath a general signification for all intreaties made by an inferiour to a supe∣riour, and especially to one ha∣uing iurisdiction: But most es∣pecially it is vsed for that reme∣die, which the subiect hath to helpe a wrong done, or preten∣ded to be done by the King. For the King hath it by prero∣gatiue, that he may not be siew∣ed vpon a writ. Stawnf. praer. cap. 15. whome also read cap. 22. And a petition in this case is ei∣ther generall, or speciall. It is called generall of the generall conclusion set downe in the same. viz. que le Roy lui face droit & reison. that the King doe him right and reason: where∣vpon followeth a generall in∣dorsement vpon the same. soit 〈◊〉〈◊〉 fait aux partis. let right be done to the partise. Petition spe∣cial is where the conclusion is speciall for this or that: and the Indorsment to that is like∣wise speciall. See the rest cap. 21.

Petra lanae, a stone of wooll See Stone.

Philiser, See Filazer.

Piccage (Piccagium) is money paid in faires for breaking of the ground to set vp boothes or standings.

Picle, ali〈…〉〈…〉 p〈…〉〈…〉 seemeth to come from the Italian (piccolo vel picciolo. i. parvus, minutus) and signifieth with vs a little small close or inclosure.

Pienour, commeth of the French (Pionnier. i. fossor) and signifieth such labourers, as are taken vp for the Kings host to cast trenches, or vndermine forts anno. 2. & 3. Ed. 6. cap. 20.

Piepowders court (Curia pedis pul∣verizati) cōmeth of two French words (pie••. i. pes) and pouldreux. i. pulverulentus) It signifieth a court held in faires for the redres of all disorders cōmitted within them: which because it is summarie, de plano, & sine figura iudicii, it hath the name of dustie seete, which we cōmonly get by sitting neere the ground: of this see Cromptons Iurisd. fol. 221. Reade M. Skene. de ver. signif. verbo Pede∣pulverosus: which word he re∣porteth to signifie a vagabond, especially a merchant, which hath no place of dwelling, where the dust may be wiped of his feet or shooes, & therefore must haue iustice summarily ministred vnto him. viz. within three flow∣ings and three ebbings of the sea. Bract. calleth it Iustitiam pe∣poudrous, li. 5. tract. 1. ca. 6. nn. 6. Of this court reade the statute anno 17. Ed. 4. cap. 2.

Pille of Foddray, in the coun∣tie of Lancastor, an. 〈◊〉〈◊〉. H. 6. ca. 5.

seemeth to be a creeke, and cal∣led pille by the ideom of the country for pile: for the which see Pile.

Pillorie (Collistrigium, Pillorium) commeth of the French (Pilo∣rie) which may seeme to smell of the greeke, and to proceede from (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) because one stan∣ding on the pillory putteth his head through a kind of doore. i. ianua: & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. video: it signifieth all one thing with it, sauing that the French is vsed for a tumbrell, as well as for that which we call the pillorie, There is a statute made of the pillorie. anno 51. H. 3. wherein you may see who were then subiect to this punishment. This was among the Saxons called Healsfang of (Heals) a necke and (Fang) to take, Lamb. expli∣cation of Saxon words. verbo. Mulcta.

Pipe (pipa) seemeth to be a rolle in the exchequer, otherwise called the great rolle, anno 37. Ed. 3. ca. 4. See Clerke of the pipe. It is also a measure of wine or oile couteining halfe a tunne, that is sixe score & sixe gallons, anno 1. R. 3. cap. 13.

Piscarie (piscaria) commeth of the French (peschario. i. pisca∣tio) It signifieth in our common lawe, a libertie of fishing in an other mans waters.

Pittle. See Picle.

Placard, anno 2. & 3. Ph. & Mar. cap. 7. is a licence whereby a man is permitted to main∣taine vnlawfull games.

Plaint (Querela) is a French word, signifing as much as Que∣stus, querimonia. In our common law, it is vsed for the propoun∣ding of any action personall or reall in writing. So it is vsed in Brooke, titulo. Plaint in Assise. And the party making this plaint, is called plaintife: Kitchin, fol. 231.

Plea (placitum) commeth of the French (ploid. i. lis. controver∣sia). It signifieth in our com∣mon lawe, that which either partie alleadgeth for himselfe in court. And this was wont to be done in French from the Conquest vntill Edward the 〈◊〉〈◊〉 who ordeined them to be done in English. a. 36. cap. 15. Pleas are diuided into pleas of the Crowne, and common pleas. Pleas of the Crowne in Scotland be 4. roberie, rape, murder, and wilfull fire, Skene de verb. sign. verb. Placitum. with vs they be all suites in the Kings name against offences committed against his Crowne and dignitie. Stawnf. pl. cor. cap. 1. or against his Crowne and peace. Smith. de Repub. Augl. li. 2. cap. 9. And those seeme to be treasons, felonies, misprisi∣ons of either, and mayhem. For those onely doth that reverend

Iudge mention in that tractat. Common pleas be those that be held betweene common per∣sons. Yet by the former defini∣tions, these must comprise all other, though the king be a par∣tie. Plea may farder be diuided into as many braunches as A∣ction, which see. For they sig∣nifie all one. Then is there a Fo∣rein plea, whereby mater is al∣leadged in any court that must be tried in another. As if one should lay Bastardy to ano∣ther in a court Baron. Kitchin. fo. 75. The word (placitum) is vsed by the Commentours v∣pon the Feuds in the same sig∣nification that pleas be with vs. And (placitare) with them is (litigare, & causas age∣re. Hotom. in verb. feudal. verb. Placitare.

Pledge (Plegius) com∣meth of the French (Pleige. i. fideiussor) Pleiger ancun. i. fideiubere pro aliquo. In the same signification is Plegius vsed by Glanuile. libro deci∣mo, capite quinto, and Plegiatio for the act of suretiship in the interpreter of the Grand Custumarie of Normandie, ca∣pite. 60. Plegii dicuntur per∣sona•• qua se obligant ad hoc, ad quod qui eos mittit tene∣batur. And in the same booke, capit. 89. & 90. Pligutio is vsed as Glanuile before doth vse it. Salui plegii, be vsed for plegii, pu∣pill. oculi, parte quint. ca∣pit. 22. Charta de Foresta. This word plegius is vsed al∣so for Frank pledge some∣time, as in the ende of William Conquerours lawes set out by Master Lamberd in his Archaiononi. fol. 125. in these words. Omnis homo qui voluerit se teneri pro libero, sit in plegio, vt plegius eum ha∣beat ad Iusticiam, si quid of∣fenderit, &c. And these be called capitall pledges. Kit∣chin. folio decimo. See Frank pledge.

Plena forisfactura, and plena vita, fee Forfeiture.

Plegiis acquietandis, is a writ that lieth for a suretie a∣gainst him, for whome he is suretie, if he pay not the mo∣ney at the day. Fitzh. nat br. fol. 137. Regist. original. 158. a.

Plenartie, is an abstract of the adiectiue (plenus) and is vsed by our common Law∣yers in mater of benefices▪ Wherein plenartie and vacati∣on be meerely contrarie. Stawnford. prarogativ. cap. octau. fol. 32. West. se∣cundo, capit. quint. anno 13. Ed∣vard. pri.

Plevin (pleuina) commeth of the French (plenine. i. sponsio)

See Replevin.

Plite of Lawne, &c. anno. 3. Ed. 4. cap. 5. seemeth to be a certaine measure, as a yard, or elle, &c.

Plonkets, anno 1. R. 3. cap. 8. is a kind of wollen cloth.

Pluries, is a writ that goeth out in the third place. For first goeth out the originall Capias: which, if it speed not, then go∣eth out the Sicut aliâs: and if that faile, then the Pluries. See old nat. br. fol. 33. In the writ De excom. capiendo, see in what diuersitie of cases this is vsed in the Table of the original Regist.

Pole. See Perch.

Polein, anno 4. Ed. 4. cap. 7. seemeth to be a sharpe or pic∣ked toppe set in the forepart of the shooe or boott. This fa∣shion was first taken vp in Ri∣chard the seconds dayes, the pickes being made so long as they were tyed vp to the knees with siluer or golden chaines, and forbidden by Edward the fourth. Stow pag. 4.

Policie of assurance, is a course taken by those which do aduen∣ture wares or merchandize by sea, whereby they, loche to ha∣zard their whole aduenture, do giue vnto some other a certaine rate or proportion, as tenne in the hundred, or such like, to se∣cure the safe arriuall of the ship, and so much wares at the place; agreed vpon. So that if the ship and wares do miscarie, the ass∣rer maketh good to the venturer so much as he promiseth to se∣cure, as 20. 30. 100. more or lesse: and if the ship do safely ariue, he gaineth that clearely which the venturer compoun∣deth to pay him. And for the more euen dealing betweene the venturer and the securer in this case, there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement, that they afterward differ not betweene themselues vpon the bargaine. This is in course Latine elsewhere called assecuratio. This terme you haue anno 43. Fliz. cap. 11.

Pondage. See Poundage.

Pone, is a writ, whereby a cause depending in the County court, is remoued to the com∣mon Banke. old nat. br. fol. 2. See in what diuersitie of cases it is vsed, in the table of the Origi∣nall Register.

Pone per vadium, is a writ com∣maunding the Shyreene to take suretie of one for his appearance at a day assigned: of this see fiue sorts in the table of the Regists Iudic. verbo, Pone per vadium.

Ponondis in Assisis, is a writ founded vpon the statute of Westm. 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew, what

persons Vicounts ought to im∣panell vpon Assises and Iuries, and what not: as also what num∣ber he should empanell vpon Iu∣ries and Inquests, which see in the Register orig. fol. 178. a. and in Fitz. nat. br. fol. 165.

Ponendo in ballum, is a writ whereby to will a prisoner held in prison, to be committed to baile in cases baylable. Register orig. fol. 133. b.

Ponendo sigillum ad exceptio∣nem, is a writ whereby the king willeth Iustices, according to the statute of Westm. 2. to put their seales to exceptions laid in a∣gainst the plaintiffes declaration by the defendant.

Pontage (pontagium) is a con∣tribution toward the mainte∣nance or reedifying of bridges Westm. 2. cap. 25. anno 13. Ed. pri. It may be also tolle taken to this purpose of those that passe ouer 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 Shyreeue, &c. willing him to charge one or more to repaire a bridge, to whom it belongeth. Regist. orig. fol. 153. b.

Portgreue (portgreuius) is com∣pounded of two words (port) & (greue) or (graue) i. praefectus. It signifieth with vs the chiefe ma∣gistrate in certaine coast townes, and as M. Camden saith in his Britan. pag. 325. the chiefe magi∣strate of London was termed by this name: in steed of whom Ri∣chard the first ordained two Bay∣liffes: but presently after him, King Iohn granted them a Maior for their yearely Magistrate.

Porter of the doore of the Parla∣ment house, is a necessary officer belonging to that high court, & enioyeth the priuiledges accor∣dingly. Cromptons. Iurisd. fol. 11.

Porter in the circuit of Iustices, is an officer that carieth a verge or white rodde before the Iustices in Eyre, so called, a portando vir∣gam, anno 13. Ed. 1, cap. 24.

Porter bearing verge (virgator) before the Iustices of either benth, anno 13. Ed. 1. cap. 41. See Vergers.

Portemote, is a word com∣pounded of (port. i. portus) and the Saxon (Gemettan. i. conuenire) or of the French (mot. i. dictio, verbum.) It signifieth a Court kept in hauen townes, as Swain∣mote in the Forest. Manwood, parte prim. of his Forest lawes, pa. 111. It is sometime called the Port∣moote Court, anno 43. Eliz. cap. 15.

Portsale, anno 35. H. 8. cap. 7. id est, sale of fish presently vpon returne in the hauen.

Possession (possessio) is vsed two waies in our common lawe. First for lands and inheritance: as, he is a man of large possessions. In

which signification it is also vsed among the Ciuilians sc: for the thing possessed, l. possessionum: Cod. commun. vtrius{que} Iudic. Next, for the actuall enioying of that, which either in truth or pretence is ours. And in this signification there is possession indeed, and possession in lawe: pl. cor. fol. 198. The example there is this: Before or vntill an office to be found, the king hath onely 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 al∣so there is an vnitie of possessiō, which the Ciuilians call Consoli∣dationem. Take an example out of Kitchin, fol. 134. if the Lord purchase the tenancie held by Heriot seruice, then the He∣riot is extinct by vnity of posses∣sion: that is, because the seig∣neurie and the tenancie be now in one mans possession. Many diuisions of possession you may reade in Bracton. lib. 2. cap. 17. per totum.

Post. See Per.

Post diem, is a returne of a writ after the day assigned for the returne: for the which, the Custos breuium hath foure 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 halfe so much, as was payed to the king for the fine, and is ga∣thered by the Shyreeue of the Countie where the land, &c. ly∣eth, whereof the fine was le∣uyed, to be aunswered by him into the Exchequer.

Post terme, is a returne of a writ, not onely after the day assigned for the returne there∣of, but after the terme also; which may not be receiued by the Custos brevium, but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh, for the returne thereof, which is twen∣ty pence.

Postea, is a word vsed for a mater tried by Nisi prius, and re∣turned into the court of com∣mon pleas for Iudgement, and there afterward recorded. See Plowden, casu Saunders. fol. 211. a. See an example of this in Sir Edw. Cokes reports. volum. 6. Rowlands case. fol. 41. b. 42. a. See Custos breuium.

Post disseisin (post disseisina) is a writ giuen by the statute of West. 2. cap. 26. and lyeth for him that

hauing recouered lands or te∣nements by (praecipe quod reddat) vpon default, or reddition, is againe disseised by the former diffeisour. Fitz. nat. br. fol. 190. see the writ that lyeth for this in the Register originall, fol. 208. a.

Posteriority, (posterioritas) is a word of comparison and relati∣on in tenure, the correlatiue whereof is prioritie. For a man holding lands or tenements of two lords, holdeth of his aunci∣enter Lord by prioritie, and of his later Lord by posterioritie. Stawn. praerog. fol. 10. & 11. when one tenent holdeth of two Lords, of the one by prioritie, of the other by posterioritie, &c. old nat. br. fol. 94.

Pourchas (perquisitum) com∣meth of the French (pourchasser, i. sollicitare, ambire:) it signifieth the buying of lands or tene∣ments with money or other a∣greement, and not the obtai∣ning of it by title or discent. Coniunctum perquisitum. Ioynt pourchase. Regist. originall. fol. 143. b.

Pour faire proclaimer, que nul eniect fimes ou ordures en fosses euriuers pres cities, &c. is a writ di∣rected to the Maior, Shyreeue or Bayliffe of a citie or towne, cōmanding them to proolaime, that none cast filth into the ditches or places neare adioy∣ning: and if any be cast alreadie, to remoue it. This is founded vpon the statut, anno 12. Rich. 2. cap. 13. Fitzherb. nat. br. fol. 176.

Pourparty (propars, propartis, vel propartia) is contrarie to (pro indiuiso) For to make pour∣party is to diuide, and seuer the landes that fall to Parceners, which before partition they hold ioyntly, and pro indiuiso. old. nat. br. fol. 11.

Pourpresture (pourprestura, vel perprestura, vel paraprestura) see∣meth to come from the French (pourpris. i. conseptum.) It is thus defined by Glanuile, lib. 9. cap. 11. Pourprestura est propriè, quando aliquid super Dominum Regem in∣iustè occupatur. Vt in Dominicis Regis, vel in viis publicis abstru∣ctis, vel in aquis publicis trans∣uersis à recto cursu: vel quando ali∣quis in ciuitate super Regiam pla∣team aliquid adificando occupauerit: & generaliter, quoties aliquid fit ad nocumentum Regii tenementi, vel Regiae viae, vel ciuitatis. Crompton. in his Iurisd. fol. 152. defineth it thus: Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not, whether it be in any Iurisdiction, land or fraunchis: and generally, when any thing is done to the Nusance of the kings tenents. Et idem, eodem, fol. 203. saith to the same effect, but

more at large. See Kitchin, fol. 10. and Manwood, parte prim. of his Forest lawes, pag. 169. & parte 2. cap. 10. per totum. See Skene de verbor. signif. verb. Pur∣presture. 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 ly∣ing neare him.

Pour seisir terres la femme que ti∣ent en Dower, &c. is a writ where∣by the King seiseth vpon the land, which the wife of his Te∣nent, that held in capite, discea∣sed, hath for her Dowrie, if shee marry without his leaue: and is grounded vpon the statute of the Kings prerogatiue. cap. 3. see Fitzh. fol. 174.

Poursuyuant, commeth of the French (poursuiure. i. agere, agita∣re, persequi) It signifieth the Mes∣senger of the king attending vp∣on him in warres, or at the coun∣sell table, the Starre Chamber, Exchequer, or commission court, to be sent vpon any occasion, or message, as for the apprehension of a party accused, or suspected of any offence committed. Those that be vsed in marshall cau∣ses, be called Poursw〈…〉〈…〉ts at armes, anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names, which see in Herald. And M. Stowe speaking of Richard the third his end. pag. 784. hath these words: For his bodie was na∣ked to the skinne, notso much as one cloute about him, and was trussed behinde a Pursuy∣uant at armes, like a hogge, or a calfe, &c. The rest are vsed vpon other messages in time of peace, and especially in maters touching iurisdiction. See He∣rald.

Pourueyour, (prouison) com∣meth of the French (pour〈…〉〈…〉. i. prouidere prospicere.) It signifieth an Officer of the King, Queene, or other great personage, that prouideth corne and other vi∣ctuall, for the house of him whose Officer he is. See magna charta. cap. 22. & 3. Ed. prim. cap. 7. & cap. 31. & anno 28. eiusdem. Articuli super chartas. 2. and many other statutes gathe∣red by Rastal vnder this title.

Powldauis. anno 1. Iacob. ca.. ••4.

Power of the countie, (posse c〈…〉〈…〉∣tatus) by M. Lamberds opinion in his Eirenar. lib. 3. cap. 1. fol. 309. containeth the ayde and at∣tendance of all Knights, gentle∣men, yeomen, labourers, ser∣uants, apprentises, and villaines: and likewise of Wardes, and of other young men aboue the age of fifteene yeeres, within the countie, because all of that age are bound to haue harnesse, by the statute of Winchester. But women, ecclesiasticall per∣sons,

and such as be decrepit, or do labour of any continuall infirmitie, shall not be compel∣led to attend. For the statute 2. H. 5. cap. 8. (which also wor∣keth vpon the same ground) saith, that persons sufficient to trauell, shall be assistant in this seruice.

Pounde (parcus) seemeth to sig∣nifie generally any inclosure of strength to keepe in beasts: but especially, with vs, is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them, vntill they be repleuied or re∣deemed. And in this significati∣on it is called a pound ouert, or o∣pen pound being builded vpon the wast of some Lord within his fee, and is called the Lords pownd. For he provideth it to his vse, and the vse of his te∣nents. See Kitchin. fol. 144. It is diuided into pound open, and pound close: pound open or o∣uert, is not onely the Lordes pownd, but a backside, court, yarde, pasture, or else what soe∣uer, whether the owner of any beasts impounded may come to giue them meate and drinke without offence, for their being there, or his comming thither: pound close is then the contrary viz. such a one as the owner can∣not come vnto, to the purpose aforesaide without offence, as some close house, or such like place.

Powndage, is a Subsidie gran∣ted to the King of all maner of merchandies of euery merchant denizen and alien, caried out of this realme, or brought into the same by way of Merchandize, to the valew of twelue pence in e∣euery pound, anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi, cap. 33.

Pray age. See Age prier.

Pray in ayd. See Ayd.

Prebend (praebenda) is the por∣tion, which euery member, or Canon of a Cathedrall church receiueth in the right of his place, for his maintenance. And though vse haue wrought the la∣tine word into the nature of a Substantiue: yet I thinke it origi∣nally to be an Adiectiue, or par∣ticiple, and to haue bene ioyned with (pars or portio) as (Canonica portio) which is in a maner all one in signification. How be it (Cano∣nica portio) is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church: and praebenda is a seuerall benefice rising from some tem∣porall land, or church appropria∣ted, toward the maintenance of a Clerke, or member of a Colle∣giat Church; and is commonly surnamed of the place, whence, the profit groweth. And Pre∣bends

be either simple, or with dignity. Simple Prebends be those, that haue no more but the reuenew toward their mainte∣nance: Prebends with dignity are such, as haue some Iurisdicti∣on annexed vnto them accor∣ding to the diuers orders in eue∣ry seuerall church. Of this see more in the title. De praebendis, & dignitat: in the Decretalls. Alciat saith that (praebenda) in the plurall number and neuter gender was aunciently vsed: as now (praeben∣da) in the singuler number and feminine gender is vsed. parerg. ca. 43.

Praebendary (praebendarius) is he that hath a prebend: See Praebend.

Praecept (praeceptum) is diuersly taken in the cōmon law: sometime for a commaundement in wrigh∣ting sent out by a Iustice of peace, or other for the bringing of a person one or more, or re∣cords before him: of this you haue examples of diuers in the table of the Reg. Iudiciall: And this vse seemeth to be borowed from the customes of Lombardy, where praeceptum signifieth scrip∣turam, vel instrumentum. Hot. in verbis feudal. & libro. 3. Commen∣tariorum in libros fendorum, in prae∣fatione. Sometime it is taken for the prouocation, whereby one man inciteth an other to commit a felony, as theft, or murder. Stawnf. pl. cor. fol. 105. Bracton calleth it (praeceptum) or (manda∣tum) lib. 3. tract. 2. ca. 19. whence a man may obserue three diuersi∣ties of offending in murder: Prae∣ceptum, fortia, consilium: praecep∣tum, being the instigation vsed before hand, fortia, the assistance in the fact, as help to binde the party murdered, or robbed: con∣silium, aduise either before or in the deede. The Ciuilians vse (mandatum) in this case, as ap∣peareth by Angelus in tracta: de maleficus. vers. Sempronium Man∣datorem.

Praeceptories, anno 32. H. 8. cap. 24. were benefices in a kinde, & termed preceptories, because they were possessed by the more eminent sort of the Templers, whome the cheife master by his authoritie created and called (praeceptores Templi) Ioach. Stepha. de Iurisdict. li. 4. cap. 10. num. 27. See Comaundry.

Praecipe quod reddat, is a writ of great diuersitie touching both the forme and vse, for beter de∣claration whereof see Ingressu, and Entrie. This forme is exten∣ded as well to a writ of right, as to other writs of entry, or pos∣session. old. nat. br. fol. 13. and Fitzh. nat. br. fol. 5. And it is cal∣led sometime a writ of Right close, as a praecipe in capite, when it issueth out of the court of common plees for a tenent holding of the King in cheife, as

of his Crowne, and not of the King, as of any honour, castell or maner. Register orig. fol. 4. b. Fitzh. nat. br. fol. 5. F. Sometime a writ of Right patent: as when it issueth out of any Lords court, for any of his tenents deforced, against the deforcer, and must be determined there. Of this reade more at large in Fitzh. nat. br. in the very first chapter or writ of all his booke.

Praemunire, is taken either for a writ, or for the offence where∣vpon the writ is graunted. The one may well enough be vnder∣stoode by the other. It is there∣fore to be noted, that the church of Rome vnder pretence of her supremacie and the dignitie of Saint Peters chaire, grew to such an incroching, that there could not be a benefice (were it Bisho∣prick, Abbathy, or other) of any worth here in England, the be∣stowing whereof could escape the Pope by one meanes or o∣ther. In so much, as for the most part, he graunted out Mandats of ecclesiasticall liuings, before they were voide to certaine per∣sōs by his buls, pretēding there∣in a great care to see the Church prouided of a Successorbefore it needed. Whence it grew that these kinde of Buls were called (Gratiae expectativae) or (Prouisi∣ones) whereof you may reade a learned discourse in Duarenus that worthie Ciuilian in his tra∣ctat: De beneficiis lib. 3. c. 1. and in his treatise De immunitate ec∣clesiae Gallicanae. These prouisi∣ons, wereso rife with vs, that at the last, King Edward the third, that heroicall Prince, not disge∣sting so intolerable an oppressi∣on, made a statute in the 25. yeare of his reigne, statuto 5. cap. 22. and another, statuto 6. eiusdem anni. cap. pri. and a third anno 27. against those that drew the Kings people out of the Realme, to answer of things belonging to the kings court; and another anno 28. statu. 2. 6. 1. 2. 3. & 4. to the like effect whereby he great∣ly restained this libertie of the Pope. Yet such was the wanton∣nesse that grew out of his pow∣er, & the num patiēce of princes in those daies, that hee still advē∣tured the continuance of these prouisions: in so much as King Richard the second made like∣wise a statute against them in the 12. yeare of his reigne, cap. 15. and the 13. yeare statut. 2. ca. 2. making mention of the said first statute of Edward the third, ratifiing the same, and appoin∣ting the punishment of those, that offēded against it, to be per∣petuall banishment, forfeiture of their lands, tenements, goods, and catels, as by the same doth more at large appeare. And againe in the 16.

yeare of his reigne, cap. 5. to meete more fully with all the shifts inuented to defraude these former statutes, he expres∣seth the offence more particu∣larly, and setteth the same pu∣nishment to it, that hee ordeined in the last former statute. for there toward the ende he hath these words: If any purchase or pursiew, or do to be purchased, or pursiewed in the court of Rome, or els where, any such translati∣ons, processes, and sentences of excommunication, Buls, Instru∣ments, or any other things, &c. After him K. H. the fourth in like maner greeued at this importuny by other abuses not sully mette with in the former statutes, in the second yeare of his reigne, cap. 3. & 4. addeth certaine new cases, and laieth vpon the offen∣dours in them the same censure, whereunto for shortnes sake I referre you: admonishing like∣wise to adde the statute, anno. 9. eiusdem. cap. pri. & anno 7. cap. 9. & 8. & anno 9. eiusdem. cap. 8. & anno 3. H. 5. cap. 4. Out of which statutes haue our professors of the common lawe, wrought many daungers to the Iurisdicti∣on ecclesiasticall, thretning the punishment conteined in the statute anno. 27. Ed. 3. &. 38. eiusdem, almost to euery thing that the court Christian dealeth in, pretending all things delt with in those courts to be the disherison of the Crowne. from the which, and none other fountaine, all ecclesiasticall Iu∣risdiction is now deriued: wher∣as in truth Sir Tho. Smith saith ve∣ry rightly, and charitablely, that the vniting of the supremacie ecclesiasticall, and temporall in the king, vtterly voideth the vse of all those statuts. Nam cessante ratione, cessat lex. And whatso∣euer is now wrought or threa∣tened against the Iurisdiction ecelesiasticall, by colour of the same, is but in emulation of one court to another: and by con∣sequent a derogation to that au∣thoritie, from which all Iuris∣diction is now deriued, and the maintenance whereof was by those Princes especially pur∣posed. But of this reade Sir Thomas Smith, lib. 3. de Rep. Angl. cap. 9.

Some later statutes doe cast this punishment vpon other of∣fenders: as namely the statute, anno 1. El. cap. primo, vpon him that denieth the Kings suprema∣cie the second time, &c. and the statue anno 13. El. ca. 2. vpon him that affirmeth the authoritie of the Pope: or that refuseth to take the oathe of supremacie. and the statute, anno 13. El. cap. 1. fuch as be seditious talkers of the inheritance of the Crowne, or affirme the Queenes Maiestie

to be an heritique. And the word is applied most common∣ly to the punishment first or∣deined by the statutes before mentioned, for such as trans∣gressed them; but in later times imposed vpon other offences. for that, where it is saide that a∣ny man for an offence commit∣ted shall incurre a premunire, it is meant, that he shall incurre the same punishment, which is inflicted against those that trangresse the statute made, anno 16. R. 2. ca. 5. which is common∣ly called the statute of premu∣nire, which kinde of reference is not vnusuall in our statutes. Cor example, I shew onely the sta∣tute, anno 5. El. ca. 5. where it is inacted that if any man preach or teach by wrighting, that the cōmon Counsell of the Realme doe by that statute forbid flesh to be eaten, as of necessitie for the sauing of mans soule, that he shall for such preaching, &c. be punished as they be, which be spredders of false newes: ha∣uing reference thereby to those statutes, which conteine the pu∣nishment of such offenders.

Now touching the Etymolo∣gie of this word (Praemunire) some thinke it proceedeth from the strength giuen to the Crown by the former statutes, against the vsurpation of forein and vn∣naturall power: which opinion may receiue some ground from the statute, anno 25. Ed. 3. stat. 6. cap. pri. But other thinke it to grow from the verb (Praemonere) being barbarously turned into (Praemunire) which corruption is taken from the rude Interpre∣ters of the Ciuile, and Canon lawes, who indeede doe vse the effect (Praemunire) many times for the efficient cause (Praemone∣re) according to our prouerb: He that is well warned, is halfe armed. And of this I gather rea∣son from the forme of the writ, which is thus conceiued in the old. nat. br. fol. 143. Praemunire faci∣as praefatum praepositum & I. R. procuratorem, &c. quod tune sint coram nobis, &c. for these words can be referred to none, but parties charged with the of∣fence.

Praepositus villae, is vsed some∣time for the Constable of a town, or petit Constable. Cromptons Iurisdict. fol. 205. how be it the same author, fol. 194. seemeth to apply it otherwise. for there quatuor homines praepositi, be those 4. men, that for euery towne must appeare before the Iustices of the Forest in their Circuit. It is vsed sometime for a Reeve. See Reeve.

Praerogatiue of the King (praere∣gatiua regis) is that especiall

power, preeminence, or priui∣ledge that the King hath in any kinde, ouer and aboue other persons, and aboue the ordinarie course of the common lawe, in the right of his crowne. And this word (Praerogatiua) is vsed by the Ciuilians in the same sense. l. Rescriptum. 6. §. 4. Π. de hono. & muner. But that privi∣ledge that the Roman Empe∣rour had aboue common per∣sons, they for the most part comprised (sub iurefisci. Π. de iure fisct, per totum tit. & Co. li. 10. tit. 1. Among the Feudists this is ter∣med (ius regalium, ius regaliorum vel a nonnullis ius regaliarum) But as the Feudists, sub iure regalium, soe our lawyers (sub praerogatiua regis) doe comprise also, all that absolute heighth of power that the Ciuilians call (maiesta∣tem, vel potestatem, vel ius imperii,) subiect only to god: which (regalia) the Feudists diuide in∣to two sorts, maiora sc. &. mino∣ra regalia. for to vse their owne words, Quaedam regalia, dignita∣tem, praerogatiuam, & imperii prae∣emmentiam spectant: quaedam verò ad vtilitatem, & commodum pecu∣niarium immediatè attinent: & haec proprièfiscalia sunt, & ad ius fisci pertinent. Peregri: de iure fisci, li. pri. cap. 1. nu. 9. See also Arnoldus Clapmarius. de arcanis Imperii. lib. pri. cap. 11. & seqq. who see∣meth to make difference be∣twene maiestatem, & ius regalio∣rū. Others also make those (maio∣ra regalia) that appertaine to the dignitie of the prince, and those minora, which inrich his cofers. Regnerus Sixtinus, de iure rega. cap. 2. By this it appeareth, that the statute of the Kings prerogatue made, an. 17. Ed. 2. conteineth not the summe of the Kings whole prerogatiue, but onely so much thereof, as concernes the profit of his cofers growing by vertue of his regall power and crowne. for it is more then manifest, that his prerogatiue reacheth much farder: yea euen in the maters of his profit, which that statute especially consisteth of. For example, it is the kings prerogatiue to graunt protection vnto his debtours a∣gainst other creditours, vntill himselfe be satisfied. Fitzh. nat. br. fol. 28. B. to distreine for the whole rent vpon one tenent, that hath not the whole land. Idem. fol. 235. A. to require the auncesters debt of the heire, though not especially bound. Brit. cap. 28. fo. 65. b. to seise vpon money paid by his deptour into a court, for the satisfaction of an executor. Plowden, fol. 322. a. to permit his deptours to siew for their debts by a (Quo minus) in the exchequer. Per∣kins. Grawnts. 5. to be first paid by one that oweth money both to

him and others. Dyer. fol. 67. nu. 20. to take the lands of accoun∣tants into his hands for his own satisfaction. Plowd. casu Almes. fol. 321. & 322. to take his acti∣on of accoumpt against execu∣tors, eodem, fol. 320. not to be ti∣ed to the demaund of his rent. Coke. li. 4. fo. 73. a. Now for those regalities which are of the high∣er nature (all being within the compas of his prerogatiue, and iustly to be comprised vnder that title) there is not one that belonged to the most absolute prince in the world, which doth not also belong to our king, ex∣cept the custome of the nations so differ (as indeede they doe) that one thing be in the one ac∣compted a regalitie, that in an∣other is none. Onely by the cu∣stome of this kingdome, he maketh no lawes without the consent of the 3. estates though he may quash any lawe conclu∣ded of by them. And whether his power of making lawes be restreined (de necessitate) or of a godly and commendable policy, not to be altered without great perill, I leaue to the iudgement of wisermen. But I hold it in∣controwlable, that the king of England is an absolute king. And all learned politicians doe range the power of making lawes, inter insignia summae & ab∣solutae potestatis. Maiora autem regalia sunt haec: clausula plenitu∣dinis potestatis, & ex ea aliquid sta∣tuere, leges condere, ac eas omnibus & singulis dare, bellum indicere, belli indicenci licentiam alii dare, pronunciare ita vt a sententia ap∣pellari non possit, committere sive delegare alicui causam cum clau∣sula appellatione remota, cognosce∣re de crimine laesae maiestatis, legiti∣mare per rescriptum eos qui extra legitimum matrimonium nati sunt, ad famam, honores, & natales in integrum restituere, veniam aeta∣tis dare, creare Duces, Marchiones, Comites, regnum in feudum concede∣re. Huc referri potest ius erigendi scholam, quae hodie Vniuersitas vel Academia appellatur, etiā ius creādi doctores, gradu licentiae aliquem in∣signiendi, creandi magistratus, ta∣belliones, siue notarios, ius dandi in∣signia nobilitatis, siue nobiles crean∣di, ius cudendae monetae, noua vecti∣galia instituendi, vel instituta ve∣ctigalia augendi; Sixtinus vbi supra. So that those other which are mentioned in libris feudorum, and the interpreters of them, are (at the least for the most part) iustly called regalia minora, as armandiae, viae publicae, flumina nauigantia, portus, ripalia, vectigalia, monetae, mulctarum poenarum{que} compendia, bona vacantia, bona quae indignis auferuntur, bona eorum qui incestum matrimonium contrahunt, bona damnatorum, & proscriptorum, an∣gariae & parangariae, extraordinariae

ad expeditionem imperatoris colla∣tiones, potestas creandorum magi∣stratuum ad iusticiam exequendam, argentarie, palatia in ciuitatibus constituta, piscationum reditus, sali∣narum reditus, bona committentium crimen laesae maiestatis, thesaurus inuentus. By setting downe these regalities of both sorts, as they are accoumpted in the Empire, and other forein kingdomes, they may be the more easily com∣pared with our kings preroga∣tiues, and so the differences no∣ted betweene vs and them. And whereas some things are before reckoned both (inter regalia ma∣iora, & minora) the reader must vnderstand that this may be in diuers respects. For example, the power of raising a tribute, or of coyning money is inter maiora: but the profit that groweth to the Prince by the one or other, is (inter minora) Now may there al∣so be noted out of books a great number of prerogatiues belon∣ging to the king of this land, which doe not bring profit to his cofers immediately, and therefore may be accoumpted inter regalia maiora, or at the least, in a middle or mixt nature, or inter maiora & minora, because by a consequent they tend to the increase of the kings exchequer. Of these such as I haue obserued in reading, I will set downe as they come to my hands, without farder curiosity in diuiding. It is the kings prero∣gatiue that he may not be siew∣ed vpon an ordinary writ as te∣nent to lands, but by petition. Plowd. casu Walsingham fo. 553. to haue a cecessary consent in the appropriation of all benefices. I∣dem, casu Grendon. fol. 499. to waiue and to demurre, and to pleade to the issue, or to waiue the issue, and to demurre vpon the plee of the aduers part, yet not to chaunge the issue another terme after he and the aduers part be once at issue. Idem, casu Willion. fol. 23. 6. a. & casu Mines fol. 322. a. to be receiued in a suite before issue ioyned vpon an (ayde prier) Idem, casu Dutchry of Lancaster, fol. 221. b. to be neuer in nonage, eodem, fol. 218. b. that a man indicted may not wage battell with him. Idem casu nimes fol. 335. b. that no man vpon any right may enter vpon him being in possession, but must be put to suite. Dyer fol. 139. nu. 33. to seise the lands of his tenents that alienate without licence. Plowd. casu. Mines. fol. 322. a. that no subiect may wage his law against him. Broke. chosein action. 9. Coke. lib. 4. fol. 93. to present in the right of the youn∣gest coparcener being his worde before the elder. Plowd: casu. Mi∣nes. fol. 332. b. & fol. 333. a. that a benefice by institution is

not full against him. Coke. Dig∣bies case, fol. 79. a. not to finde pledges for the persecuting of a∣ny action. For he cannot be a∣merced. Fitzh. nat. br. fo. 31. F. & fo. 47. C. to siew in what court he will. Fitzh. nat. br. f. 7. B. & 32. E. to siew the writ Ne ad∣mittas after sixe monethes. Regist. orig. fol. 31. a. that a mans villein hauing remained in his auncient demesn by the space of a yeare, may not be recouered by the writ (de natiuo habendo) Fitzh. nat. br. fol. 79. A. to graunt an office with the (babendum post mortem alterius) Dyer. fo. 295. nu. 1. to shorten the ordinary time of summons (being 15. daies) in writ of right. Brit. ca. 121. to giue what honour or place he listeth to his subiects. anno 31. H. 8. ca. 10. to be owner of a forest. See Forest. to haue free warren. See Warren. Not to be owted of his free hould. Cromptons Iu∣stice of peace. fol. 59. b. & 16. a. to araigne a man being both a Traitor, and a Felon, rather vp∣on the treason, than vpon the felony, because he may haue the whole escheats. Idem. eodem. fol. 99. a. to warrant the day of ap∣pearance to his subiect being in his seruice, and summoned to appeare at a day certaine. Fitzh. nat. br. fol. 17. a. Diuers of these and many others did belong (fis∣co imperatorum) which you may finde in the Digest: De iure fisci. & Co. lib. 10. tit. 1. Besides these also many moe may be obserued to belong vnto our King out of lawes, which I leaue to their col∣lection that are of longer read∣ing, and more painefull industry.

Prerogatiue of the Archbishop of Canterbury, or Yorke, (prarogatiua Archiepiscopi Cantuariensis, seu E∣boracensis) is an especiall pre∣eminence, that these Sees haue in certaine cases aboue ordinary Bishops within their Prouin∣ces. And that of the Arch∣bishop of Canterburie, princi∣pally consisteth of these points.

First, in the confirmation of all elections made of Bishops by the Deane and Chapter of all Cathedrall Churches, as also the consecration of them.

Next, in a power of visi∣ting his whole Prouince, of assembling Synods, of supply∣ing the defects and negligen∣ces of inferiour Bishops, of receiuing appeales from their courtes, of assigning coadiu∣tours to those Bishops, that grow weake and insufficient to dis∣charge their function, of ap∣pointing Vicars generall to those that haue either none, or an insufficient man employed in that office: and of dispensing in all ecclesiasticall cases, wherein the lawes beare dispensation: of taking oath of euery Bishop, at his confirmation, to performe

canonicall obedience vnto the See of Canterburie. But thes seem to belong vnto him by an ordi∣narie archiepiscopall authority.

Certaine other things there be, that appertaine vnto him more then ordinarily to other Arch∣bishops: as the originall calling of any person in any cause be∣longing to spirituall iurisdiction, out of any part of his prouince, though not appealed. But this point is now limited by the Sta∣tute made, anno 23. Henr. 8. ca. 9.

The receyuing of an appeale from the lowest Iudge ecclesi∣asticall within his prouince im∣mediatly. The appointing of a keeper or guardian of the spiri∣tualties during the vacancie of a∣ny bishopricke. By which means all episcopall rites of the Dioces for that time do belong vnto him: as Visitation, Institution to Benefices, and such like.

The visitation of euery Dio∣cesse within his prouince, when & in what order it pleaseth him. As also of all other priuiledged Churches. The probate of Testa∣ments and graunting of admini∣strations, in case where the party deceased hath goods of any con∣siderable valew out of the dio∣cesse wherein he dyeth. And that valew is ordinarily fiue pounds, except it be otherwise by com∣position betweene the said Arch∣bishop, and some other Bishop: as in the Diocesse of London it is tenne pounds.

The probate of euery Bishops Testament, or the administration of his goods dying intestate, though not hauing any goods, chatels, or debts without the compasse of his owne iurisdicti∣on. The bestowing of any one dignitie or prebend in any Ca∣thedrall church vpon the crea∣tion of a new Bishop, that him∣selfe thinketh good to make choice of.

There may be more particu∣lars of this prerogatiue, that I know not: but these may be suf∣ficient to expresse the thing that I desire to declare. Who so desi∣reth to reade these more at large, and other priuiledges of this Church in temporall maters, may resort to the booke intituled: De antiquitate Britannicae Ecclesia, & nominatim de priuilegiis Ecclesia Cantuariensis historia: and espe∣cially to the 8. chapter of the said booke. pa. 25.

Prerogatiue Court, (curia prero∣gatiuae Archiepiscopi Cantuariensis) is the Court wherein all Wils be proued, and all administra∣tions taken, that belong to the Archbishop by his prerogatiue, which see in Prerogatiue. And if any contention do grow be∣tweene two or more touching any such will or administration, the cause is properly debated &

determined in this Court. The Iudge of this Court is called Iu∣dex Curiae praerogatiuae Cantuari∣ensis. The Archbishop of Yorke hath also the like power and court, which is tearmed his Ex∣chequer, but farre inferiour to this in countenance and pro∣fite.

Prescription (praescriptio) is a course or vse of any thing for a time beyond the memory of man, as the exposition of the law terms doth define it. Kitchin fol. 104. saith thus: Prescription is, when for continuance of time, whereof there groweth no me∣mory, a perticuler person hath perticuler right against another perticuler person. And custome is, where by continuance of time beyond memorie, diuers persons haue gotten a right: with whome agreeth Sir Edward Cooke, lib. 4. fol. 32. a. And v∣sage is by continuance of time the efficient cause of them both, and the life of both prescription and custome. Thus saith Kit∣chin. But as in the Ciuill lawe, so I think likewise in the common, Prescription may be in a shorter time. As for example, where the Satute anno, 1. H. 8. cap. 9. saith, that all actions popular must be siewed within three yeares after the offence committed, and the Statute anno, 7. eiusdem. cap. 3. That foure yeares being past af∣ter the offence committed in one case, and one yeare in another, no suite can be commenced, and the Statute 31. Eliz. cap. 5. saith, (by way of correcting the two former statutes) that all actions, &c. brought vpon any Sta∣tute, the penaltie whereof be∣longeth to the King, shall be brought within two yeares after the offence committed, or else be voide. And the Satute, anno 39. Eliz. cap. prim. & secund. saith, that actions brought after two yeare by any common person, or after three yeares by the king alone for decay of husbandry or tillage, shall bee of noe force. Whosoeuer offendeth against any such Statute, and doth escape vncalled for two yeares, or three yeares, in one case of the two later of these three Statutes, may iustly be said to haue prescribed an im∣munitie against that action. The like may be said of the Sta∣tute made anno 23. Eliz. cap. prime. which saith, that all of∣fences comprised in the Statute made in the 13. yeere of Eliz. cap. 2. are inquirable before both Iustices of peace and of Assise, within one yeare and a day, af∣ter the offence committed. Also the title that a man obtaineth by the passing of fiue yeares after a fine acknowledged of any lands or tenements, may

iustly be said to be obtained by prescription. And whereas the Statute, anno 8. R. 2. cap. 4. saith, that a Iudge or Clerke convi∣cted for false entring of plees, &c. may be fined within two yeares; the two yeares being ended, he prescribeth against the punishment of the saide Statute; and whereas the Sta∣tute anno 11. H. 7. saith, that he which will complaine of maintenance, or embracery, whereby periurie is commit∣ted by a Iurie, must doe it within sixe dayes, those sixe daies ended, the parties pre∣scribe: and whereas the sta∣tute anno prim. Ed. 6. saith, that a man being not indicted within 3 monethes of any offences there mentioned touching Seruice and Sacraments, he shalbe cleare from thence forward: the three monethes being ended, he pre∣scribeth: And the same may be said of the statute anno 5. Ed. 6. cap. 5. which saith that a man shall not be indited of any offence there mentioned touch∣ing the decay of tillage, after. 3. yeares. And whereas it is ordein∣ed by the statute anno 8. H. 6. cap. 9. that those which keepe possession of lands by force af∣ter. 3. yeares possession held by themselues & their auncestours, shall not be subiect to the arbi∣trement of Disseisours there set down, I hould this a prescription likewise against those censures. v. anno 23. H. 6. ca. 15. Lastly a seruant prescribeth liberty after a yeare. Bracton. li. 1. ca. 10. nu. 3. and the right that is gotten in any Stray to a Lord of a maner, no man claiming it within the yeare and day after proclamation made, is an vsucapion, or pre∣scription. See Action perpetuall, and temporall. And see Cromptons Iustice of peace. fol. 173. b. vbi ha∣bebis festum. But see one rule for all in Lamb. Eirenarch. li. 4. ca. 5. pa. 469. Of this prescription, and the learning touching the same, you may reade a solemne report in S. Ed. Cookes, and Luttrels case. vol. 4. fo. 84. b. & seqq.

Presentation (Praesentatio) is vsed properly for the act of a patron offering his Clerke to the Bi∣shop, to be instituted in a be∣nefice of his gift: the forme whereof see in the Register ori∣ginall fol. 302. a.

Presentment, is a meere de∣nuntiation of the Iurours them∣selues, or some other offices, as Iustice, Constable, searcher, surueiours &c. (without any information) of an offence in∣quirable in the court where∣vnto it is presented. See Lam∣berd Eirenarcha, lib. 4. ca. 5. pa. 467.

President (Praeses) is vsed in the Common law for the kings

Liuetenent in any Prouince or function: as President of Wales, of Yorke, of Barwick. President of the Kings Councell. anno. 22. H. 8. cap. 8. & anno 24. H. 8. cap. 3. & 14.

Preignotarie (Protonotarius) is a word that seemeth to be made either of two French words (Prime) or Primier. i. primus) and (Notaire. i. Notarius, tabellio, or of two Latine words (prae) & notarius) quasi primus aut principalis notarius. The office is likewise borowed from the later Romanes, who made his name of halfe Greeke, and halfe Latine, viz 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. primus, princi∣palis) and (Notarius). It is vsed in our common lawe for the cheife clerks of the Kings courts, whereof 3. be of the common pleas, and one of the Kings bench. For the pregnotarie of the commmon plees, anno 5. H. 4. cap. 14. is termed the cheife clerke of that court. He of the Kings Bench recordeth all acti∣ons civile siewed in that court, as the Clerke of the Crowne of∣fice doth all criminall causes. Those of the common plees doe enter and inrolle all maner of declarations, pleadings, Assises, and Iudgements: and all actions, the same terme that the appa∣rence is made. Also they make out all iudiciall writs, as the veni∣re facias after issues ioyned, and Habeas corpus, for the bringing in of the Iurie, after it is returned vpon the venire facias. They also make forthe writs of executi∣ons, and ofseisin, writs of super∣sedeas, for appearance to exi∣gents, as well as the exigents, and writs of priuiledges, for remouing of causes from other inferiour courts of Record, in case where the partie hath cause of priuiledge: Also writs of pro∣cedendo, of scire facias in all ca∣ses, and writs to inquire of dam∣mages: and all proces vpon pro∣hibitions, and vpon writs of audita querela, and false Iudge∣ment. Finally they inrolle all re∣cognisances acknowledged in that court, and all common Re∣coueries: and may make exem∣plifications of any Record the same terme, before the rols be deliuered from them.

Prender, commeth of the French (prendre. i. accipere, accep∣tare, capere, prehēdere) it signifieth in our common lawe sometime a power, or right to take a thing before it be offered: as such things as lie in Prender, or such as lie in render. West. parte 2. titula Fines. sect. 126. where you haue these words: If the lord graunt the seruices of his tenent by fine, or otherwise, the Lord before atturnment, shall haue such things as lie in prender: as the ward of the body of the heire

and of the land: escheats, &c. but not such things as lie in prender, as rents, and releifes, he∣riots and other seruices. For he canot avowe for them be∣fore the atturnment.

Prender de Baron, signifieth literally in barbarous French to take a husband: but it is vsed in our common lawe, as an ex∣ception to disable a woman from persiewing an appeale of murder against the killer of her former husband, Stawnf. pl. cor. li. 3. cap. 59. The reason whereof whether it be, because by her secōd mariage, she may iustly be thought to haue giuen vp the interest shee had in her former husband, or for that shee is now couert againe, or for both, I leaue to consideration.

Prender del profits, signifieth verbatim to take the profits. It signifieth substantiuely the ta∣king of the profits. See Cromp∣tons Iurisdict. fol. 185. See Pernour of profits.

Prest, is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer, anno 2. & 3. Ed. 6. cap. 4.

Prest mony, is so called of the French word (Prest. i. expli∣catus, promptus, expeditus) for that it bindeth those, that haue re∣ceiued it, to be ready at all times appointed.

Primage, is a dutie due to the mariners and saylers for the loa∣ding of any shippe at the setting forth from any hauen, anno 32. H. 8. cap. 14.

Primier seisin (Prima seisina) ad verbum signifieth the first posses∣sion. It is vsed in the common lawe, for a braunch of the kings prerogatiue, whereby he hath the first possession of all lands, and tenements through the Realme, holding of him in cheife, whereof his tenent died seised in his demesn as of fee; and so consequently the rents, and profits of them, vntill the heire, if he be of age, doe his ho∣mage, if he be vnder yeares, vntill he come to yeares. See Stawnf. prarog. cap. 3. and Bracton lib. 4. tract. 3. cap. pri.

Primo beneficio. See Bene∣ficio.

Prince (Princeps) is a french word, and taken with vs diuersly, sometime for the king himselfe, but more properly for the kings eldest sonne, who is prince of Wales, as the eldest sonne to the French king is called Dolphine, both being princes by their natiuitie. M. Fearn in the glory of generositie. pag. 138. For Edward the first to appease the tumultu∣ous spirits of the Welch men, who being the auncient Indige∣nae

of this land, could not in long time beare the yoke of vs, whome they call strangers, sent his wife being with childe into Wales. where at Carnaruan shee was deliuered of a sonne, there∣vpon called Edward of Carnar∣van and afterward asked the Welch men, seing they thought much to be gouerned by straun∣gers, if they would be quietly ruled by one of their owne nati∣on; who answering him, yea: then (quoth he) I will appoint you one of your owne country men, that cannot speake one word of English, and against whose life you can take no iust exception: and so named vnto them his sonne borne in Carnar∣van not long before. from which time it hath continued, that the kings eldest sonne (who was before called: Lord Prince, Stawnf. praerog: cap. 22. fol. 75.) hath beene called prince of Wales: Stowes Annals, pag. 303. See anno 27. H. 8. cap. 26. & an∣no 28. eiusdem, cap. 3.

Principality of Chester. anno 21. Rich. 2. cap. 9. See Cownty pa∣latine. and Cromptons diuers iuris∣dictions, fol 137.

Prior perpetuall, or datife and re∣moveable. anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem. Lord prior of Saint Iohns of Ierusalem, anno 26. H. 8. cap. 2.

Priors aliens (Priores alieni) were certaine religious men borne in Fraunce, and gouer∣ners of religious houses erected for out-landish men here in England: which were by Henry the fifth thought, no good mem∣bers for this land, after such conquest obtained by him in Fraunce, and therfore suppressed. Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning. Stowes Annals. pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colled∣ges called the Kings Colledges of Cambridge and Eton.

Prioritie, (prioritas) signifieth in our common lawe, an anti∣quitie of tenure in comparison of another not so auncient. As to hold by Prioritie, is to hold of a Lord more aunciently then of another. old. nat. br. fol. 94. So to hold in posterioritie, is vsed by Stawnf. praerog. cap. 2. fo. 11. And Crompton in his Iurisdiction. fol. 117. vseth this word in the same signification. The Lord of the prioritie shal haue the custo∣die of the bodie, &c. fol. 120. If the tenent hold by prioritie of one, and by posterioritie of a∣nother, &c. To which effect, see also Fitz. nat. br. fol. 142. F. Bartolus in his Tractate, De insig∣niis & armis, vseth these very wordes, prioritas, and posterioritas,

concerning two that beare one coate armor.

Prisage, seemeth to be that custome or share, that belon∣geth to the King out of such merchandize, as are taken at sea, by way of lawfull prize, anno 31 Eliz. cap. 5.

Prisage of Wines, anno I. H. 8. cap. 5. is a word almost out of vse, now called Butlerage, it is a custome wherby the prince cha∣lengeth out of euery barke loa∣den with wine, containing lesse then forty tunne, two tunne of wine at his price.

Prise (prisa) commeth of the French (prendre. i. capere) it signi∣fieth in our Statutes, the things taken by pourveyours, of the Kings subiects. As anno 3. Ed. 1. cap. 7. & anno 28. eiusdem. stat. 3. cap. 2. It signifieth also a cu∣stome due to the King, anno 25. eiusdem cap. 5. Regist. origin. fol. 117. b.

Prisoner (priso) commeth of the French (prisonnier) and signi∣fieth a man restrained of his li∣bertie vpon any action ciuill or criminall, or vpon commaun∣dement. And a man may be pri∣soner vpon matter of Record, or mater of fact: prisonervpon ma∣ter of Record is he, which be∣ing present in court, is by the court committed to prison, only vpon an arrest, be it of the Shy∣recue, Censtable, or other. Stawnf. pl. cor. lib. prim. cap. 32. fol. 34. & 35.

Prinie, commeth of the French (priuè. i. familiaris) and signifi∣cth in our common lawe, him that is partaker, or hath an inte∣rest in any action, or thing: as, priuies of bloud, old nat. br. fol. 117. be those that be linked in consanguinitie. Eucry heire in tayle is priuy to recouer the land intayled. eodem fol. 137. No priuitie was betweene me and the tenent. Litleton, fol. 106. If I deliuer goods to a man to be caried to such a place, and he, af∣ter he hath brought them thi∣ther, doth steale them, it is fele∣nie: because the priuitie of deli∣uerie is determined, as soone as they are brought thither. Stawn. pl. cor. lib. prim. cap. 15. fol. 25. Merchants priuie be opposite to merchant straungers. anno 2. Ed. tertii. cap. 9. & cap. 14. & ann. eiusdem, stat. 2. cap. 3. The newe Expositour of lawe termes ma∣keth diuers sorts of priuics: as priuies in estate, priuies in deed, priuics in lawe, priuies in right, and priuies in bloud. And see the examples he giueth of euery of them. See Perkins Conditions. 831. 832. 833. and Sir Edward Cooke lib. 3. Walkers case. fol. 23. a. & lib. 4. fol. 123. b. & 124. a. where he maketh foure kindes of priuies, viz. priuies in bloud, as the heire to his fathes, &c.

priuies in representation, as exe∣cutours or administratours to the deceased: priuies in estate, as he in the reuersion, and he in the remainder, when land is giuē to one for life, and to another in see: the rcason is giuen by the Expositour of lawe termes, for that their estates are created both at one time. The fourth sort of priuies are priuies in tenure: as the Lord by escheate: that is, when the land escheateth to the Lord for want of heires, &c.

Priuie seale (priuatum sigillum) is a scale that the King vseth some time for a warrant, whereby things passed the priuy signet and brought to it, are sent farder to be confirmed by the great seale of England: sometime for the strength or credit of other things written vpon occasions more transitory and of lesse continu∣ance, then those be that passe the great seale.

Priuiledge (priuilegium) is defi∣ned by Cicero in his oration pro domo sua, to be lex priuata homini ••••ogata. Frerotus in paratitlis ad titulum decretalium de priuilegiis, thus defineth it: priuilegium est ius singulare, hoc est priuata lex quae v∣ni homini, vel loco, vel Collegio, & similibus aliis concedit ur: cap. priuile∣gia, distinct: 3. priua enim veteres dixere que nos singula dicimus. Insit Agellius lib. 10. ca. 20. Ideo{que} pri∣uilegia modò beneficia, modò perso∣nales constitutiones dicuntur, &c. It is vsed so likewise in our com∣mon law, and sometime for the place, that hath any speciall im∣munity. Kitchin fol. 118. in the words: where depters make sai∣ned gifts and feofements of their land, and goods to their freinds, and others, and betake themselues to priuiledges, &c. Priuiledge is either personall, or reall: a perso∣nall priuiledge is that, which is graunted to any person, either against, or beside the course of the common law: as for example, a person called to be one of the Parlament, may not be arrcsted either himselfe, or any of his at∣tendance, during the time of the Parlament. A priuiledge reall is that, which is graunted to a place, as to the Vniuersities, that none of either may be called to Westm. hall, vpon any contract made within their owne pre∣cincts. And one toward the court of Chauncery, cannot originally be called to any court but to the Chauncery, certaine cases ex∣cepted. If he be, he will remoue it by a writ of Priuiledge groun∣ded vpon the statute anno 18. Ed. 3. See the new booke of Entries. verbo Priuilege.

Probat of testaments (probatio testamentorum) is the producting, and insinuating of dead mens wils before the ecclesiasticall Iudge, Ordinary of the place,

where the party dyeth. And the ordinary in this case is knowne by the quantity of the goods, that the party deceased hath out of the Dioces, where he depar∣ted. For if all his goods be in the same Dioces, then the Bishop of the Dioces, or the Archdeacon (according as their compositi∣on, or prescription is) hath the probate of the Testament: if the goods be dispersed in diuers Dio∣ces, so that there be any summe of note (as fiue pounds ordinari∣ly) out of the Dioces where the party let his life: then is the Arch∣bishop of Canterbury the ordina∣ry in this case by his preroga∣tiue. For whereas in ould time, the will was to be proued in cue∣ry Dioces, wherein the party diceased had any goods: it was thought conuenient both to the subiect, and to the Archiepisco∣pall See, to make one proofe for all before him, who was and is of all the generall Ordinary of his prouince. But there may be aun∣ciently some composition be∣tweene the Archebishop and an inferiour ordinary, whereby the summe that maketh the preroga∣tiue, is abouc fiue pound. See praerogatiue of the Archbishop. This probate is made in two sorts ei∣ther in common forme or perte∣stes. The proofe in common forme, is onely by the oath of the exceutour, or party exhibi∣ting the will, who sweareth vp∣on his credulity, that the will by him exhibited, is the last will, and testament of the party deceised. The proofe per testes is, when ouer and beside his oath, he also pro∣duceth witnesses or maketh o∣ther proofe, to confirme 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, af∣ter they haue beene lawfully summoned to see such a will pro∣ued, if they thinke good. And the later course is taken most commonly, where there is feare of strife, and contention be∣tweene the kindred and freinds of the party deceased about his goods. For a will proued only in common forme, may be called into question any time within 30. yeares after by common o∣pinion, before it worke prescrip∣tion.

Procedendo, is a writ whereby a plee, or cause formerly cal∣led from a base court to the Chaūcerie, Kings bench, or com∣mō plees, by a writ of priuiledge or certiorare, is released, and sent downe againe to the same court, to be proceded in there, after it appeareth that the de∣fendant hath no cause of prini∣ledge; or that the mater compri∣sed in the bille, be not well pro∣ned. Brooke hoctitulo. and Termes

of lawe: Cooke vol. 6. fol. 63. a. See anno. 21. R. 2. cap. 11. in fine, leters of procedendo graunted by the keeper of the priuie scale. See in what diuersitie it is vsed in the table of the originall Register, and also of the Iudiciall.

Proces (Processus) is the maner of proceeding in euery cause, be it personall, or reall, ciuile, or criminall, even from the origi∣nall writ to the end. Britton fol. 138. a. where in there is great di∣uersitie, as you may see in the ta∣ble of Fitzh. br. verbo Proces, and Brookes Abridgement, hoc titu∣lo. And whereas the wtitings of our common lawyers sometime call that the proces, by which a man is called into the court and no more: the reason thereof may be giuen, because it is the beginning, or the principall part thereof, by which the rest of the busines is directed, accor∣ding to that saying of Ari∣stotle. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Diucrs kinds of proces vpon Inditements before Iustices of peace: See in Cromptons Iustice of peace. fol. 133. b. 134. 135. But for orders sake, I referre you ra∣ther to M. Lamberd in his tra∣ctat of ptocesses adioyned to his Eirenarcha, who acording to his subiect in hand, diuideth crimi∣nall proces, either into proces touching causes of treason, or selonie, and proces touching in∣feriour offēces. the former is vsu∣ally a capias, capias aliâs, & exigi facias. The second is either vpon enditement, or presentment, or information: that vpon endite∣ment or presentment, is all one, and is either generall, and that is a venire facias', vpon which if the partie be returned sufficient, then is sent out a Distringas infi∣nite vntill he come: if he be re∣turned with a Nibil habet, then ifsueth out a Capias, Capias ali∣âs, Capias pluries, and lastly an Exigifacias. The speciall proces is that, which is especially ap∣pointed for the offēce by statute. for the which he referreth his reader to the 8. Chapter of his 4. booke being very different.

Processium continuando, is a writ for the continuance of a proces after the death of the cheife Iustice, in the writ of oyer and terminer. Register originall. fol. 128. a.

Prochein Amy (Proximus ami∣cus, vel propinquior) is, word for word, a neere freind. It is vsed in our common lawe, for him that is next of kinde to a childe in his nonage, and is in that re∣spect allowed by lawe, to deale for him in the managing of his affaires: as to be his Gardian, if he hold of any in socage, and in the redresse of any wrong done vnto him, be it by his Gardian, if he be ward and hold in Chiual∣rie,

or any others. Statut. West. pri. cap. 48. 3. Ed. pri. and Westm. 2. cap. 15. anno 13. Ed. pri.

Profe, aliâs Prove, is vsed for an Enquest. anno 28. Ed. 3. cap. 13.

Proclamation (Proclamatio) signifieth a notice publikely gi∣uen of any thing, whereof the King thinketh good to advertise his subiects. So it is vsed, anno 7. Rich. 2. ca. 6. Proclamation of rebellion is a publike notice gi∣uen by the officer, that a man not appearing vpon a Sub poena, nor an attachment in the Starre Chamber or Chauncerie, shalbe reputed a rebell, except he ren∣der himselfe by a day assigned. Cromptons Iurisd. fol. 92. See Com∣mission of rebellion.

Proclamation of a fine, is a no∣tice openly, and solemnly giuen at all the Assises, that shall be holden in the Countie within one yeare after the ingrossing of the fine, and not at the foure generall quarter sessions. And these proclamations be made vpon transcripts of the fine, sent by the Iustices of the Common plees, to the Iustices of Assise, and the Iustices of peace. West. parte 2. symbol. titulo Fines. sect. 132. where also you may see the forme of the proclamarion. Pro∣clamare est palā, & valde clamare, vsed by Tullie, Liuie, and the Civilians. Π. Quibus ad liberta proclamare non licet. And Procla∣mator signifieth him qui litem intendit, vel causam agit. Cicero de oratore. lib. pri. Non enim causi∣dicum nescio quem, ne{que} proclama∣torem, aut rabulam hoc sermone conquirimus, &c. I reade in Fitzh. nat. br. fol. 85. C. that the kings proclamation is sufficient to stay a subiect from going out of the Realme. See the force of procla∣mations. anno. 31. H. 8. cap. 8. see also Proclamations in diuers cases. Newe booke of En∣teries. verbo Proclamation.

Procters of the clergie (procura∣tores cleri) are those which are chosen and appointed to ap∣peare for cathedrall, or other Collegiat churches, as also for the common clergie of euery Dioces, at the Parlament, whose choice is in this sort. First, the king directeth his writ to the Archebishop of each province for the summoning of all Bi∣shops, Deanes, Archdeacons, ca∣thedrall and collegiat churches, and generally of all the clergie of his prouince, after their best discretion and iudgement, assig∣ning them the time and place in the said writ. Then the Arche∣bishops proceede in their ac∣customed course. One example may serue to shew both. The Archebishop of Canterbury vpō his, writ receiued, directerh his leters to the Bishop of London as

his Deane provincial. 1. §. statui∣mui. de poenis & verb. tanquam in glos. first citing himselfe pe∣temptorily and then willing him to cite in like maner all the Bi∣shops, Deanes, Archedeacons, cathedrall and collegiate chur∣ches, and generally all the Clergie of his Prouince to the place, and against the day pre∣fixed in the writ. But directeth withal that one Proctor sent for euery Cathedrall or Collegiat Church, and two for the bo∣die of the inferiour Clergie of each Diocesse, may suffice. And by vertue of these le∣ters authentically sealed, the said Bishop of London directeth his like leters seuerally to the Bishop of euery Diocesse of the Prouince, citing them in like sort▪ and commaunding them not onely to appeare, but also to admonish the said Deanes, and Archdeacons, personally to ap∣peare, and the Cathedral〈…〉〈…〉 and collegiat Churches, as also the common Clergie of the Di∣ocesse, to send their Proctors to the place, and at the day ap∣pointed: and also willeth them to certifie the Archbishop the names of all and euery so mo∣nished by them, in a shedule an∣nexed to their leters certifica∣torie. The Bishops proceed ac∣cordingly, and the Cathedrall and collegiate churches as also the Clergie make choice of their Proctors: which done, and certified to the Bishop, he returneth all answerably to his charge at the day. These pro∣ctors of the Clergie, howsoeuer the case of late dayes is altered, had place and suffrage in the lower house of Parlament, as well as the knights, citizens, Ba∣rons of the Cinque ports, and Burgesses. For so it plainely ap∣peareth by the Statute, anno 21. R. 2. cap. 2. & cap. 12. And sithence they were remooued, the Church hath daily growne weaker and weaker: I pray God that in short time she famish not, but that her liberties be better maintained.

Procurator, is vsed for him that gathereth the fruites of a bene∣fice for another man. anno 3. R. 2. stat. 1. cap. 2. And procuracy is vsed for the specialtie, whereby he is authorized. Ibid. They are at this day in the West parts cal∣led Proctors.

Profer (profrum vel proferum) is the time appointed for the ac∣compts of Shyreeues, and other officers in the Exchequer, which is twice in the yeare, anno 51. H. 3. statut. quint. And it may be gathered also out of the Register, fol. 139. in the writ De Attur∣nato Vicecomitis pro profro faciendo. I reade also of profers, anno 32. H. 8. cap. 21. in these words:

Trinitie terme shall beginne the Monday next after Trinity Sun∣day, whensoeuer it shall happen to fall, for the keeping of the essoins, profers, returnes, and o∣ther ceremonies heretofore vsed and kept. In which place (profer) seemeth to signifie the offer, or indeauour to proceede in action by any man, whom it concer∣neth so to doe. See Briton. cap. 27. fol. 50. b. & 55. a. & fol. 80. b. and Eleta lib. 1. cap. 38. §. Vt∣lagati & seqq.

Profer the halfe merke. See Halfe merke.

Profession (professio) is in the common lawe, vsed particularly fot the entring into any religious Order of Friars, &c. New booke of▪ Entries, verbo Profession.

Profits apprender. See Pren∣der.

Prohibition, (prohibitio) is a writ framed for the forbidding of a∣ny court, either spirituall or se∣cular, to proceed in any cause there depending, vpon sugge∣stion, that the cognition thereof belongeth not to the said court. Fitz. nat. br. fol. 39. G. but is most vsually taken, especially in these dayes, for that writ, which lyeth for one that is impleeded in the Court Christian, for a cause be∣longing to the temporall iuris∣diction, or the cognisance of the Kings court, whereby as well the partie and his Councell, as the Iudge himselfe, and the Register, are forbidden to pro∣ceed any farder in that cause: for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it. In how many cases this lyeth, see▪ Broke, hoc titulo, and Fitz. na. br. fol. 39. & seqq. This writ, and the praemunire, might in these daies well be spared: For they were helpes to the kings inheri∣tance and Crowne, when the two swords were in two diuers hands. Whereas now both the Iurisdictions being setled in the King, there is small reason of ei∣ther, except it be to weatie the subiect by many quircks and de∣layes, from obtaining his right▪ of this prohibition, you may reade Bracton also, lib. 5. tract. 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith, that it lyeth not after sen∣tence giuen in any cause, how∣soeuer the case is altered: and a∣gaine, the statute made, anno 50. Ed. 3. which ordaineth, that a∣boue one prohibition should not lye in one cause. See the di∣uersitie of prohibitions in the ta∣ble of the original Regist. See the new booke of Entries, verbo, Prohibition, and Fitz. nat. br. fol. 39.

Prohibitio de vastodirecta parti, is a writ Iudiciall directed to the tenent, and prohibiting him from making waste vpon the

land in controuersie, during the suite. Register Iudiciall. fol. 21. It is sometime made to the Shy∣reeue, the example whereof you haue there next following.

Pro Indiuiso, is a possession, and occupation of lands, or tene∣ments belonging vnto two or more persons, whereof none knoweth his seuerall portion, as Coparceners before partition. Bracton lib. 5. tracta. 2. cap. pri. nu. 7.

Prolocutour of the conuocation house (prolocutor domus conuocatio∣nis) is an officer chosen by per∣sons ecclesiasticall publiquely assembled by the kings writ at e∣uery parlament. And as there be two houses of conuocation, so be there two prolocutours, one of the higher house, the other of the lower house, who presently vpon the first assembly is by the motion of the Bishops, chosen by the lower house, and presen∣ted to the Bishops for their pro∣locutour, that is, the man by whom they meane to deliuer their resolutions to the higher house, and to haue their owne house especially ordered and go∣uerned. His office is to cause the clerk to call the names of such as are of that house when he seeth cause, to cause all things pro∣pounded to be read by him, to gather the suffrages, and such like.

Promoters (promotores) be those, which in popular and penall a∣ctions doe deferre the names, or complaine of offenders, hauing part of the profit for their re∣ward. These were called among the Romaines Quadruplatores, or Delatores. They belong especial∣ly to the Exchequer and the kings bench. Smith de Repub: Anglo. li. 2. cap. 14.

Pro partibus liberandis, is a writ for the partition of lands be∣tweene coheires. Register origi∣nall, fol. 316.

Prophecies (prophetia) be in our common law, taken for wiserdly foretellings of maters to come, in certaine hidden and enigma∣ticall speeches. Whereby it fal∣leth out many times, that great troubles are stirred in our com∣mon wealth, and great attempts made by those, to whom the speach framed, either by the de∣scription of his cognisance, armes, or some other quality, promiseth good successe anno. 3. Ed. 6. cap. 15. & anno 7. eiusdem. cap. 11. & anno 5. Eliza. ca. 15. But these for distinctions fake are called false, or phantasticall prophecies.

Property (proprietas) signifieth the highest right that a man hath or can haue to any thing, which is no way depending vpon any other m••ns courtesie. And this none in our kingdome can be

said to haue in any lands, or te∣nements, but onely the King in the right of his Crowne. Because all the lands through the realme, are in the nature of fee, and doe hould either mediately or imme∣diately of the Crowne. See Fee. This word neuerthelesse is in our common law, vsed for that right in lands and tenements, that common persons haue, be∣cause it importeth as much as (vtile dominium) though not (di∣rectum).

Proprietate probanda, is a writ. See the originall Regist. fol. 83. a. & 85. b. It lyeth for him, that will proue a propertie before the Shyreeue. Brookes Propertie, 1. For where a propertie is al∣ledged, a replegiare lyeth not. Idem ibidem.

Proprietarie (proprietarius) is he that hath a propertie in any thing but it is most notoriously vsed for him, that hath the fruites of a benefice, to himselfe and his heires or successours, as in time past Abbots and Pri∣ors had to them and their successours. See Appropriation.

Prorata portionis. See Oneran∣do pro rata portionis.

Protection (protectio) hath a ge∣nerall and a speciall significa∣tion. In the generall it is vsed for that benefite and safetie, that euery subiect, or Denizen, or a∣lien specially secured, hath by the Kings lawes And thus it is vsed, anno 25. Ed. tertii. capite. 32. Protection in the speciall sig∣nification is vsed for an exemp∣tion, or an immunitie giuen by the King to a person against suites in lawe, or other vexations vpon reasonable causes him thereunto moouing, which I take to be a braunch of his pre∣rogatiue. And of this prote∣ction, Fitzh. maketh two sortes in his nat. br. fol. 28. The first forme or sort he calleth a prote∣ctiō, cum clausula volumus, wher∣of he mentioneth foure parti∣culars. A protection, quia profectu∣rus, for him that is to passe ouer sea in the kings seruice: A prote∣ction, quia moratur, for him that is abroad in the Kings seruice vpon the sea, or in the marches, anno 7. H. 7. cap. 2. A protecti∣on for the Kings debter, that he be not siewed or attached vn∣till the King be payed his debt. See anno 15. Ed. 3. This some Ciuilians call moratoriam: which see In singularibus Marantae, verb. Princeps. pag. 79. col. 2. And a protection in the kings seruice beyond the seas, or on the mar∣ches of Scotland: whereof you may reade something, anno 1. R. 2. cap. 8. See the Regist. orig. fol. 23. and Britton, cap. 123. The second forme of protection is tearmed cum clausula, Nolu〈…〉〈…〉 which is graunted most com∣monly

to a spirituall company for their immunitic from taking of their catell by the Kings ministers. But it may be graun∣ted also to one man spirituall or temporall. Of these things reade the same authour: and the formes of these writs. See also in the Register originall. fol. 22. & 23. And see the new Expo∣sitour of lawe termes, to what action the kings protection doth not extend. See also the new booke of Entries, verbo Prote∣ction.

Protonotarie, (protonotarius.) See Preignetarie.

Protestation, (protestatio) is (as Iustice Walsh defineth it) a de∣fence or safegard to the partie, which maketh it from being cō∣cluded by the act he is about to doe, that issue cannot be ioyned vpon it, Plowden. fol. 276. b. whereof see the Register original. fol. 306. b. And see Protest.

Protest, (protestari) hath two diuers applications: one is by way of cautell, to call witnesse (as it were) or openly to affirm, that he doth either not at all, or but after a sort yeeld his consent to any act, as vnto a proceeding of a Iudge in a court, wherein his iurisdiction is doubtfull, or to answer vpon his oath farder then he by lawe is bounde. See Plowden. casu Gresbroke. fol. 276. b. and the Register orig. fol. 306. b. Another is by way of complaint to protest a mans bill: For example, if I giue mony to a Merchant in Fraunce, taking his bill of ex∣change to be repayed in En∣gland, by one to whome he assigneth me, if at my com∣ming I find not my selfe sa∣tisfied to my contentment, but either delayed or denyed: then I goe into the Burse, or some open concurse of Merchants, and protest that I am decei∣ued by him. And thereupon if he haue any goods remai∣ning in any mans hands with∣in the Realme, the lawe of Merchants is, that I be paid out of them.

Prouuer (Probator) See Ap∣prouuer. anno 5. H. 4. ca. 2. See Approuours.

Prouince (Prouincia) was v∣sed among the Romans for a Country without the compasse of Italie, gained to their sub∣iection by the sword. where∣vpon the part of Fraunce next the Alpes was soe called of them, when it was in their do∣minion, and of that carieth the same name at this present: But with vs a province is most vsu∣ally taken for the circuit of an Archebishops Iurisdiction, as the Province of Canterbury, and the province of Yorke. anno 32. H. 8. cap. 23. & anno 33. eius∣dem,

cap. 31. yet it is vsed diuers times in our statutes for seuerall parts of the Realme.

Provinciall (Prouincialis) is a cheife gouernour of an order of Friers, anno quar. Henr. quar. cap. 17.

Protoforestarius, was he whom the auncient kings of this Realme made chiefe of Win∣sour forest, to heare all causes of death, or mayhem, or of slaughter, or of the Kings deare within the Forest. Camd. Britan. pag. 213. See Iustice of the Fo∣rest.

Prove. See Profe.

Prouision (Provisio) is vsed with vs, as it is vsed in the Ca∣non lawe, for the providing of a Bishop, or any other person of an ecclesiasticall liuing, by the Pope, before the Incum∣bent be dead. It is also called gratia expectatiua, or Mandatum de providendo. The great abuse whereof in the Pope through all Christendome heretofore, you may read, not only in Dua∣renus de sacris ecclesiae ministoriis, & beneficiis. lib. 3. cap. 2. but also for England particularly, in diuers statuts of the Realme. viz. anno. 25. Ed. 3. cap. 22 sttat. 4. & statu. 5. commonly called the statute de prouiscribus. &. anno. 27. eius∣dem. cap. i. & anno 38. eiusdem. stat. 2. cap. 1. & 2. 3. 4. & anno 38. eiusdem, & anno 2. Rich. 2. cap. 7. & anno 3. eiusdem cap. 3. & anno. 7. eiusdem. cap. 12. & anno 12. eiusdem, cap. 15. & anno 13. eiusdem, stat. 2. cap. 2. & 3. & anno 16. eiusdem cap. 5. & anno 2. H. 4. cap. 3. & 4. & anno 5. eiusdem, cap. pri. & anno 7. eiusdem, cap. 6. & 8. & anno 9. eiusdem, cap. 8. & anno 3. H. 5. cap. 4. See Praemunire.

Provisour (Provisor) is he that sieweth to the court of Rome for a prouision. old. nat. br. fol. 143. See Provision.

Proviso, is a condition inser∣ted into any deede, vpon the obseruance wherof the va∣liditie of the deede consisteth, which forme of condition see∣meth to be borrowed from Fraunce. for (Pourve u Gallicum semper conditionem inducit. Tira∣quel. tomo. 3. pag. 216. Our com∣mon lawyers say that it some∣time signifieth but a couenant, whereof you haue a large dis∣dispute in the 2. booke of Sir Ed. Cokes reports in the Lord Cromwels case. It hath also ano∣ther signification in maters Iu∣diciall: as if the plaintife or de∣maundant desist in prosecuting an action, by bringing it to a triall, the defendant or tenent may take out the venire facias to the Shyreeue: which hath in it these words, Prouiso quòd, &c. to this ende, that if the plain∣tife

take out any writ to that purpose, the shyreeue shall sum∣mon but one Iurie vpon them both. See old natura breuium in the writ Nisi prius. fol. 159.

Purchas. See pourchas.

Purfles of a womans growne. anno 33. H. 8. cap. 5.

Purgation (Purgatio) is a cleering of a mans selfe from a crime, whereof he is probably and publiquely suspected, and thereof denounced to a Iudge. Of this there was great vse in England touching maters of fe∣lonie imputed to Clerks in for∣mer time, as appeareth by Stawnf. pl. cor. lib. 2. cap. 48. See Clergie. It is still obserued for mater pertaining to the ecclesi∣asticall court, as suspicion, or common fame of Incontinen∣cie, or such like. Purgatio is either canonicall (canonica) or vulgar (vulgaris) Canonicall is that which is prescribed by the Ca∣non lawe: the forme whereof is vsuall in the spirituall courte, the man suspected taking his oath that he is cleere, of the fault obiected, and bringing so many of his honest neighbours, being not aboue twelue, as the court shall assigne him, to sweare vpon their consciences and cre∣dulitie that he sweareth truly, or hath taken a true oath. Vulgar purgation was by fire, or water, or by combat, vsed by Infidels, and Christians also, vntill by the Canon lawe it was abolished, tit. 15. de purgatione Can. & vul∣ga. in Decretalibus. Combat, though it be lesse in vse then it was, yet is it, and may be still practised by the lawes of the Realme, in cases doubtfull, if the defendant chuse rather the Combat then other triall. See Ordel. See Combat.

Purlue, is all that ground neere any Forest, which being made Forest by Henry the se∣cond, Richard the first, or King Iohn, were by perambulations graunted by Henry the third, se∣uered againe from the same. Manwood. parte 2. of his Forest lawes. cap. 20. And he calleth this ground either Pourallee. i. peram∣bulationem, or purlieu. and purluy, which he saith be but abusiuely taken for pourallee. vbi supra. nu. 3. But with the licence of that industrious and learned gentle∣man, I am bold to say, that this word may be no lesse fitly made of two French words (pur. i. pu∣rus) and (lieu. i. locus) and my reason is, because that such grounds as were by those kings subiected to the lawes, and or∣dinances of the Forest, are now cleered and freed from the same: for as the Ciuilians cal that purum locum, qui sepul∣chrorum religioni non est obstri∣ctus. §. 9. de rerum divis. in institut.

so, no doubt, in imitation of that very point, our auncestours cal∣led this purlieu, id est, purum lo∣cum, because it was exempted from that seruitude or thraul∣dom, that was formerly laid vp∣on it. So (ager purus est, qui ne{que} sacor, ne{que} sanctus, ne{que} religiosus, sed ab omnibus huiusmodi nominibus vacare videtur. l. 2. §. 4. 〈◊〉〈◊〉. de religio. & sumptibus funerum.) And therefore M. Cromptons Purraile is not much amisse fol. 153. of his Iurisd. because we may also deriue it from the French words (pur) and (Allee) that is as much to say, as a cleere, or a free walke or passage. And where it is sometime called Pouralee, that may and doth come from (pur) and (Allee) i. Itio, profectio, ambulatio) because he that wal∣keth or courseth within that compasse, is cleere enough from the lawes, or penalties incurred by them, which hunt within the precincts of the Forest. See the stat. anno 33. Ed. pri. stat. 5.

Pourlie man, is he that hath groūd within the Purlieu, and being able to dispend 40. shillings by the yeare of free hould, is vpon these two points licen∣sed to hunt in his owne purlieu. Manwood. parte pri. of his Forest lawes. pag. 151. & 177. but what obseruations he must vse in his hunting, see him pag. 180 181. 186. See him likewise par∣te 2. cap. 20. nu. 5. 8. 9. &c. See Purlieu.

Purpresture. See Pourpresture.

Pursey, anno 43. Elizabeth. cap. 10.

Purswivant. See Poursui∣vant.

Purveyours. See Pourvey∣ours.

Pyker, alias Pycar, a kind of shippe. anno 31. Ed. 3. Stat. 2. cap. 2.

Q

QVadragesima, is the first son∣day in lent, so called (as I take it) because it is the four∣tith day before Easter. The son∣day before that is Quinquage∣sima, the second before Sexage∣sima, the 3. septuagesima.

Quae plura, is a writ, that lieth where an Inquisition hath beene made by the Escheatour in any countie, of such lands or tene∣ments, as any man died seised of, and all that was in his possessi∣on be not thought to be found by the office. The forme where∣of see in the Register originall, fol. 293. and in Fitzh. nat. br. fol. 255. It differeth from the writ called melius inquirendo, as Fitz. there saith, because this is gran∣ted, where the Escheatour for∣merly proceeded by vertue of his office: and the other, where he found the first office by ver∣tue

of the writ called, Diem clausit exeremum. See the newe booke of Entries. verbo. Quae plura.

Quaerens non invenit plegium. is a returne made by the Shy∣reue vpon a writ directed vnto him with this condition inser∣ted. Si A fecerit B. securum de loquela suae prosequenda, &c. Fitzh. nat. br. fol. 38. O.

Quae seruicia, is a writ. See Per quae servitia.

Quale ius, is a writ Iudiciall, that lieth where a man of reli∣gion hath iudgement to reco∣uer land, before execution be made of the Iudgement. for this writ must betweene Iudgement and execution, goe forth to the Escheatour, to inquire whe∣ther the religious parson hath right to recouer, or the Iudge∣ment is obteined by collusion betweene the Demaundant and the Tenent, to the intent the true Lord be not defrauded. See Westm. 2. cap. 32. Cum virire∣ligiosi, &c. the forme of this writ you may haue in the Re∣gister Iudiciall, fol. 8. 16. 17. & 46. and in the old. nat. br. fol. 161. See the newe boke of Entries. verbo. Qualeius.

Quare eiecit infra terminum, is a writ, that lieth for a leassee, in case where he is cast out of his ferme before his terme be ex∣pyred, against the feoffee of the leassour, that eiecteth him. And it differeth from the Eiectione Firmae, because this lyeth: where the leassour after the lease made, infeoffeth another, which eie∣cteth the leassee. And the Eiecti∣one firma lieth against any other Straunger, that eiecteth him. The effect of both is all one: and that is to recouer the residue of the terme. See Fitzh. nat. br. fol. 197. See the Register originall, fol. 227. and the newe booke of Entries. verbo. Quare eiecit infra terminum.

Quare impedit, is a writ, that lyeth for him, who hath pourchased a maner with an Advousen thereunto belonging, against him that disturbeth him in the right of his Advowsen, by presenting a Clerk thereunto, when the Church is voide. And it differeth from the writ called (Assisa vltimae praesentationis) be∣cause that lieth, where a man or his Auncestours formerly pre∣sented, and this for him, that is the pourchasour him selfe. See the Expositour of the termes of law, and owld nat. br. fol. 27. Bracton. lib. 4. tracta. 2. cap. 6. Britton cap. 92. and Fitzh. nat. br. fol. 32. and the Register originall. fol. 30. where it is said that a Quare im∣pedit is of a higher nature, then Assisa vltimae praesentationis; be∣cause it supposeth both a posses∣sion and a right. See at large

the newe booke of Entrise. verbo. Quare impedit.

Quare incumbrauit, is a writ, that lyeth agaiust the Bishop, which within sixe monethes af∣ter the vacation of a benefice, conferreth it vpon his Clerke, whilest two others be contend∣ing in law for the right of pre∣senting. Exposition of the terms of law, old. nat. br. fol. 30. and Fitzh. nat. br. fol. 48. Register ori∣ginall. fol. 32.

Quare intrusit matrimonio non satisfacto, is a writ that lyeth for the Lord against his tenent be∣ing his ward, that after couena∣ble mariage offered him, marieth another, and entreth neuer the lesse vpon his land, without a∣greement first made with his Lord and Gardian. Terms of the law.

Quare non permittit, is a writ that lyeth for one that hath right to present for a turne against the proprietary. Fleta. lib. 5. cap. 16.

Quarentine (quarentina) is a benefit allowed by the lawe of England, to the widow of a landed man deceased, whereby shee may challenge to continue in his capitall messuage, or cheife mansion house, by the space of 40. daies after his decease. Of this see Bracton lib. 2. cap. 40. And if the heire, or any other at∣tempt to eiect her, shee may haue the writ De Quarentina ha∣benda. Fitzh. nat. br. fol. 161. see anno 9. H. 3. cap. 7. & anno 20. cap. pri. and Britton. cap. 103. M. Skene de verborum significatione. verbo Quarentina viduarum, deri∣ueth this word from the French Quaresme. Who also haue this custome called lo quaresme des vefues granted to widows after the decease of their husbands: as he proueth out of Papon in his Arrests libro 15. titulo des dots. cap. 7. & lib. 10. tit. Substitutio∣nes cap. 30. Of this read Fleta al∣so lib. 5. cap. 23.

Quarentena habenda, is a writ, that lyeth for a widow to inioy her Quarentine. Register originall. fol. 175.

Quare non admisit, is a writ, that lyeth against the Bishop re∣fusing to admit his Clerk, that hath recouered in a plee of Ad∣uowsen. The furder vse whereof see in Fitzh. nat. br. fol. 47. & Register originall: fol. 32. See the new booke of Entries. verbo qua∣re non admisit.

Quare obstruxit, is a writ, that lyeth for him who hauing a ser∣uitude to passe through his neighbours ground, cannot in∣ioy his right, for that the owner hath so strengthened it. Fleta: li. 4. cap. 26. §. Item si minus.

Quarter Sessions, is a court held by the Iustices of peace in euery Countie, once euery quarter. The iurisdiction where∣of

how farre it extendeth, is to be learned out of M. Lam∣berds Eirenarcha. Sir Thomas Smith de Republ. Anglor. lib. 2. ca. 19. But to these you must adde the late statutes of the Realme, for their power dai∣ly increaseth. Originally it see∣meth to haue bene erected onely for maters touching the peace. But in these daies it exten∣deth much farder. That these Ses∣sions shold be held quarterly, was first of all ordeined (so farre as I can learne) by the statute anno 25. Ed. 3. stat. pri. cap. 8. of these read Lamberds Eirenarcha the fourth booke throughout, where he setteth them out, both lear∣nedly, and at large.

Quashe (quassare) commeth of the French (quasser. i. quassare, conquassare) it signifieth in our common law to ouerthrowe, Bracton lib. 5. tracta. 2. cap. 3. nu. 4.

Quekbord, anno 17. Ed. 4. ca. 2.

Que est mesme, signifieth ver∣batim. Which is the selfe same thing. It is vsed in our common law as a word of art in an action of trespas, or of like nature, for a direct iustification of the very act complained of by the plaintffe as a wrong. for example, in an a∣ction of the case, the plaintiffe saith that the Lord threatned his Tenents at will in such sort, as he draue them to giue vp their te∣nures. The Lord for his defence pleadeth, that he said vnto them, that if they would not depart, he would siew them as the law would. This being the same thretning that he vsed, or, to speake artificially, que est le mesme the defence is good. Of this see Kitchin in the chapter. Que est le mesme. fol. 236. where you may haue many like examples.

Que estate, word for word, sig∣nifieth, Quem statum: It signifi∣eth in our common law, a plee whereby a man intitling another to lands, &c saith that the same estate that he had, himselfe hath from him: for example, in a Qua∣re impedit the Plaintife allead∣geth that such foure persons were seised of lands, whereun∣to the Advowsen in question was appendant in fee, and did present to the Church, and after∣ward the Church was voide, Que estat del, &c. that is which estate of the foure persons, he faith also, that he hath nowe during the vacation, by vertue whereof he presently, &c. Brooke titulo Que estate. fol. 175. & 176. But it is harder to knowe when this Que estate is to be pleaded, then to vnderstand what it is, as by him may appeare. See the new booke of Entries. verbo. Que estate.

Queene (Regina) is either shee that houldeth the Crowne of this

Realme by right of blood, or els shee that is maried to the King. In the former signification shee is in all construction the same that the King is, and hath the same power in all respects. In the other signification shee is inferi∣our, and a person exempt from the King. For shee may siew and be siewed in her owne name. Yet that shee hath, is the Kings, and looke what shee looseth, so much departeth from the King. Stawnf: praerog: cap. 2. fol. 10. in fine. See Kitchin fol. 1. b. See Cooke lib. 4. Copy-hould cases, fo. 23. b. Augusta was the like among Romaines, how be it not euisdem iuris in all things.

Queenes siluer. See Kings siluer.

Quem reditum reddat, is a writ Iudiciall, that lyeth for him to whom a rent seck, or rent charge is graunted by fine leuied in the Kings Court, against the Tenent of the land, that refuseth to at∣turne vnto him, thereby to cause him to atturne. See old: nat. br: fol. 156. and West. parte 2. Sim∣bol: titulo Fines. sect: 125. See the new booke of Entries. Verbo Quem reditum reddit.

Querela friscae fortiae, is a writ. See Fresh force.

Querela coram Rege & consilio discutienda, & terminanda, is a writ, whereby one is called to iustifie a complaint of a trespasse made to the king and himselfe before the King & his counsell. Register originall, fol. 124. b.

Questus est nobis, &c. is the sorme of a writ of Nusance, which by the statute anno 13. Ed. pri. cap. 24. lieth against him, to whome the house or other thing that breedeth the Nusance, is alienated, wheras before that sta∣tute, this actiō lay onely against him, that first leuied the thing, to the hurt of his neighbour. See the Statute.

Quia improvide, seemeth to be a supersedeas graunted in the behalfe of a clerke of the Chawncerie siewed against the priuiledge of that court, in the common plees, & persiewed to the exigēd. See Dyer. f. 33. n. 18.

Quid iuris clamat, is a writ Iudiciall issuing out of the Re∣cord of the Fine, which remai∣neth with the Custos breuium of the common place, before it be ingrossed (for afterward it cannot be had) and it lieth for the Grauntee of a Reversion, or Remainder, when the parti∣cular tenent will not atturne. West. parte. 2. symbol. titulo. Fines. sect. 118. whome see farder. See the Register Iudiciall, fol. 36. 57. And the newe booke of Entries. verbis Quid iuris clamat.

Quinquagesima Sunday, is al∣way the next Sabbath before Shrouetide, so called, because it is the fiueteth day before

Easter. The reasons of this appellation who so desireth to know, hee may finde diuers such as they bee, in Durandi Rationaeli diuinorum, capit. De Quinquagesima. Sexagesima Sun∣day is the next Sabbath before Quinquagesima, so called in the opinion of the said authour, because the number of sixtie consisteth of sixe times tenne: sixe hauing reference to the sixe workes of mercie, and tenne to the tenne commandements. Septuagesima is the next before Sexagesima, and isinstituted and so called, as Durand likewise saith, for three things: and (to vse his owne words,) Primò, propter redemptionem Sabbathi, vel secundum alios, quintae feria, in quae sancti Patres statuerunt ieiunari. Secundò, propter repraesentationem, quoniam repraesentat septuaginta annos captiuitatis Babilonicae. Ter∣tio, propter significationem, quo∣niam per hoc tempus significatur deniatio, exilium, & tribulatio to∣tius humani generis ab Adam vs{que} ad finem mundi: quod quidem ex∣ilium sub revolutione septem die∣rum peragitur, & sub septem milli∣bus annorum includitur. But of these three dayes, you may reade him at large, that haue a mind to learne of him. I onely take occasion to note, what time of the yeare they be, because I find them spoken of in our an∣cient lawe writers, as Britton ca. 53. and such like.

Quite claime (quiete claman∣tia, vel quieta clamantia) is a re∣lease or acquiting of a man for any action, that he hath, or might haue against him. Bracton lib. 5. tract. 5. cap. 9. num. 9. & lib. 4. tractat. 6. cap. 13. num. prim.

Quittance (quietantia,) see Ac∣quitance.

Quid pro quo, is an artificiall speech in the common lawe, sig∣nifying so much as the Greeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, among the Ciuili∣ans, which is a mutuall pre∣testation or performance of both parties to a contract: as a horse and tenne pound betweene the buyer and the sel∣ler. Kitchin, fol. 184.

Quinsieme (Decima quintae) is a French word, signifying a fifteenth. It is vsed in our com∣mon lawe, for a taxe laid vpon the subiects, by the Prince. an. 7. H. 7. cap. 5. so tearmed, be∣cause it is rated after the fif∣teenth part of mens landes or goods. See Fifteenth and Taxe. The Fifteenth (as Crompton saith in his Iurisdict. fol. 21.) is leuied more commonly in these dayes by the yards of land: and yet in some places by goods also: and note also, that he there saith, that it is well knowne by the Exchequer rolle, what euery

towne through England is to pay for a Fifteenth. Sometime this this word Quinsieme is vsed for the fifteenth ••ay after any feast, as Quinsieme of S. Iohn Ba∣ptist. anno 13. Ed. prim. cap. 3. & anno decimo octano. eiusd. capit. prim.

Quòd ei deforciat, is a writ that lyeth for the tenent in tayle, tenent in dower, or tenent for terme of life, hauing lost by default, against him that reco∣uered, or against his heire. Expo∣sition of termes. See Broke hoc tit. See the Regist. original. fol. 171. and the new booke of Entries. verbo Quod ei defortiat.

Quod permittat, is a writ, that lyeth for him that is disseised of his commune of pasture, against the heire of the dissei∣sour being deade. Termes of lawe. Britton ca. 8. saith that this writ lyeth for him, whose aunce∣stour died seised of commune of pasture, or other like thing annexed to his inheritance, a∣gainst the Deforceour. See Broke hoc titulo. See the Register origin. fol. 155, and the new booke of Entries. verbo, Quod permit∣tat.

Quod Clerici non eligantur in officio Ballivi, &c. is a writ, that lyeth for a Clerke, which by reason of some land he hath, is made, or in doubt to be made either Bayliffe, Bedell, or Reeue, or some such like officer. See Clerico infra sacros, &c. See the Register orig. fol. 187. Fitz. nat. br. fol. 175.

Quòd Clerici beneficiatide Can∣cellaria, &c. is a writ to exempt a Clerk of the Chauncerie from contribution toward the Pro∣cters of the Clergie in Parla∣ment. Register originall: fol. 261. a.

Quòd personae, nec Praebendarii, &c. is a writ, that lieth for spirituall persons, that are di∣strained in their spirituall pos∣sessions for the payment of the fifteenth with the rest of the parish. Fitz. nat. br. fol. 176.

Quòd non permittat. See Consu∣etudinibus, & seruiciis.

Quo iure, is a writ, that ly∣eth for him that hath land, wherein another chalengeth commun of pasture time out of mind. And it is to com∣pell him to shewe by what title he challengeth this com∣mune of pasture. Fitzh. nat. br. fol. 128. Of this see Brit∣on more at large, cap. 59. see the Register origin. fol. 156. and the newe booke of Entries. verbo Quo iure.

Quo minus, is a writ, that lyeth for him, which hath a graunt of housebote, and hey∣bote, in another mans woods, against the graunter making such waste, as the grauntee

cannot enioy his graunt. old nat. br. fol. 148. Termes of lawe: see Brooke, hoc titulo. See Kitchin fol. 178. b. This writ also ly∣eth for the Kings fermer in the Exchequer, against him to whom he selleth any thing by way of bargaine touching his ferme. Perkins Graunts. 5. For he sup∣poseth, that by the breach of the vendee he is disabled to pay the king his rent.

Quo warranto, is a writ that ly∣eth against him, which vsurpeth any Frawnchis or libertie against the king, as to haue wayfe, stray, faire, market, court Baron, or such like, without good title. old. nat. br. fol. 149. or else a∣gainst him that intrudeth him∣selfe as heire into land. Bracton, lib. 4. tractat. 1. cap. 2. num. 3. See Brook hoc titulo. You may reade of this also. anno 18. Ed. prim. Stat. 2. & 3. & anno 30 eiusdem. And the new booke of Entries. Quo warranto.

R

RAcke vintage, anno 32. H. 8. cap. 14. is a second vintage o•• voyage for wines by our Mer∣chants into Fraunce, &c. For rackt wines, that is, wines clen∣sed and so purged, that it may be and is drawne from the leese. From this voyage▪ our Mer∣chants commonly returne a∣bout the end of December, or beginning of Ianuarie.

Radknights. See Rodeknights.

Ran, is a Saxon word, signify∣ing so open a spoiling of a man, that it cannot be denied. Lamb. Archan. fol. 125. defineth it thus: Ran dicitur aperta rapina, quae ne∣gari non potest.

Ransime, (redemptio) commeth of the French (rançon) or (ren∣çon) i. (redemptio.) It signifieth properly with vs, the summe paid for the redeeming of a Cap∣tiue: and sometime a great summ of money to be paid for the par∣doning of some heinous crime. anno pri. H. 4. cap. 7. Note that when one is to make fine, and Ransome, the Ransome shalbe treble to the Fine. Cromptons Iu∣stice of peace. fol. 142. a. and Lamb. Eirenarch: lib. 4. ca. 16. pa. 556. Horne in his mirrour of Iustices, maketh this difference betweene amerciament, and ransome, because ransome is the redemption of a corporall pu∣nishment, due by law to any of∣fence, lib. 3. cap. de amerciament taxable.

Rape (rapus vel rapa) is a part of a county, signifiing as much as a Hundred. As Southsex is diui∣ded into sixe parts, which by a peculiar name are called rapes: viz: the Rape of Chichester, of Arundell, of Brember, of Lewis, of Peuersey, of Hastings. Camden:

Britan. pag. 225. whom also see pag. 229. These parts are in o∣ther places called Tithings, Lathes, or Wapentakes. Smith de Repub. Anglo. lib. 2. ca. 16.

Rape (raptus) is a felony com∣mitted by a man in the violent deflowring of a woman, be shee ould, or young: Britton: cap. 1. whereof West. parte. 2. Simbol. ti∣tulo Inditements, secto: 54. hath these words: Copulation violent, is termed, a rape, or rauishment of the bodie of a woman against her will: which is carnall know∣ledge had of a woman, who ne∣uer consented thereunto before the fact, nor after. (And this in Scotland ought to be complai∣ned of the same day, or night that the crime is committed. Skene de verborum significa. verbo Raptus. his reason. quia lapsu diei hoc crimen prescribitur) This offence is with vs Felony in the princi∣pall, and his ayders. anno 11. H. 4. cap. 13. anno pri. Ed. 4. cap. pri: Westm. 2. cap. 13. (But Fleta saith that the complaint must be made within fourty daies, or els the woman may not be heard. lib. 3. cap. 5. §. Praeterea. And carnall knowledge of a woman vnder tenne yeares ould is felo∣ny. anno. 8. Elizab. cap 6. Thus far M. West: of the diuersity of Rapes, see Cromptons Iustice of peace. fol. 43. b. & 44. See Rauish∣ment. The ciuile lawe vseth (rap∣tus) in the same signification. And (rapere virginem vel mulierem, est ei vim inferre & violere. Co. li. 9. de raptu virgines.

Raptu haeredis, is a writ lying for the taking away of an heire houlding in Soccage, and of this there be 2. sorts, one when the heire is maried, the other when he is not; of both these see the Register originall. fol. 163. b.

Rastall, was a Lawyer of reue∣rend accoumpt, that liued in Queene Maries daies, and was a Iustice of the common plees. He gathered the statutes of the land into an Abridgement, which ca∣rieth his name at this day. He is also the author of the new booke of Entries.

Ratification (ratificatio) is vsed for the confirmation of a Clerk, in a pre bend, &c. formerly gi∣uen him by the Bishop, &c. where the right of patronage is doubted to be in the King. Of this see the Register originall: fol. 304.

Rationabili parte bonorum, is a writ that lyeth for the wife a∣gainst the Executours of her hus∣band, denying her the third part of her husbands goods after debts and funerall charges de∣frayed. Fitzh. nat br. fol. 222. Who there citeth the 18. chap. of magna charta, and Glanuile, to proue, that according to the common law of England, the

goods of the deceased, his debts first paid, should be diuided into three parts, whereof his wife to haue one, his children the se∣cond, and the Executours the third. Fitzherbert saith also, that this writ lyeth as well for the children, as for the wife. And the same appeareth by the Regi∣ster originall fol: 142. b. I haue heard some learned men say, that it hath no vse, but where the cu∣stome of the country serueth for it. See the new booke of Entries, verbo: Rationabili parte: et Rationa∣bili parte bonorum.

Rationabilibus diuisis, is a writ, which lyeth in case, where two Lords in diuers townes haue their seigneuries ioyning toge∣ther, for him, that findeth his waste, by litle and litle, to haue bene encroched vpon within memory of man, against the o∣ther that hath encroched, there∣by to rectifie the bounds of their seigneuries. In which respect Fitzherbert calleth it, in his owne nature, a writ of right. The old natura breuium saith also, that this is a Iusticies, and may be re∣moued by a pone out of the county to the common Bank: See farder the forme and vse of this writ in Fitzh. nat. br. fol. 128. and in the Register, fol. 157. b. and the new booke of Entries. verbo. Rationabilibus diuisis. The ciuili∣ans call this Iudicium finium regun∣dorum.

Rauishment, raptus commeth of the French (rauissement. i. di∣reptio, ereptio, raptio, raptus, raptu∣ra) and signifieth in our law, an vnlawfull taking away either of a woman, or of an heire in ward. Sometime it is vsed also in one signification with rape, viz. the violent deflowring of a woman, See Rape. And thereupon is the writ called Rauishment de gard, o∣therwise called de haerede abducto, lying for the Lord, whose tenent by reason of his tenure in Knights seruice being his ward, is taken and conueied from him. See Fitzh. natu. br. in the writ De recto de custodia. fol. 140. F. See also the old. nat br. fol. 92. 93. & 94. See the new booke of Entries. verbo. Rape, & Rauishment de gard.

Rawe, anno 4. Ed. 4. cap. 1.

Rawnge, commeth of the French (Ranger. i. astituere, or∣dinare) or else the Substantiue (Rang. i. ordo, series) It is vsed in our common lawe, both as a verbe (as to Raunge) and also as a substantiue (as to make Rawnge) charta de Foresta, cap. 6. The word is appropriated to the Forest, signifiing the office of the Rawnger. The Rawnger is a sworne officer of the Forest (of which sort there seeme to be twelue) charta de Foresta. cap. 7. whose authoritie is partly declared in his oath, set downe

by M. Manwood parte pri. of his Forest lawes, pag. 50. in these words: You shall truly execute the office of a Rawnger in the Purlieuse of B. vpon the bor∣ders of the kings Forest of W. you shall rechase, and with your hound driue backe again the wild beasts of the Forest, as often as they shall raunge out of the same Forest into your Pur∣lieuse. You shall truly present all vnlawfull hunting, and hunters of wild beasts of venerie, as well within the purlieuse, as within the Forest. And these and all other offences you shall present at the Kings next court of Attachements, or Swainmote, which shall first happen, so helpe you God. But the same author setteth downe his office more particu∣larly in his second part c. 20. n. 15. 16. & 17. The summ wherof is this. A Raunger is an officer of the Forest, or to the Forest, but not within the forest, hauing no charge of vert, but only of venison that commeth out of the forest into his charge, or part of the pourallee, to sale conduct them back againe. And ther∣fore in those forests that haue no pouralleeses, there be no Rawngers, but Fori∣sters serue the turne. This Raunger is made and appointed by the King his leters patents vnder the great seale, and for his beter incouragement in his dutie, he hath a yearely fee of 20. pound or 30. pound paid out of the Exchequer, and cer∣taine fee Deere both redde and falow. His office consisteth cheifely in these three points ad perambulandum quotidie per terras deafforestatas, ad videndum, audiendum & inquirendum, tam de malefactis, quàm de malefactori∣bus in Balliua sua: ad refugandum feras Forestae tam veneris quàm chaseae de terris deafforestatis, in terras afforestatas: and, ad praesen∣tandū omnes transgressiones Forestae in terris deafforestatis factas, ad pro∣ximas curias illius Forestae tentas.

Rawnsom. See Ransom.

Ray, seemeth to be a word at∣tributed to cloth neuer coloured or died. v. anno 11. H. 4. cap. 6.

Realtie. See Royaltie.

Reasonable ayde (Rationabile auxilium) is a duty that the Lord of the fee claimeth hol∣ding by Knights seruice or in soccage to marie his daughter, or to make his sonne Knight. Westm. 1. cap. 39. See Ayde. See Brooke titulo Reasonable aide.

Reattachement (Reattachia∣mentum) is a second attache∣ment of him, that was formerly attached, and dismissed the court without day, as by the not cōming of the Iustices, or some such like casualtie. Brooke tit. Re∣attachment; where he maketh a

Reattachment generall and a Reattachment speciall. Reat∣tachment general seemeth to be, where a man is reattached for his appearance vpon all writs of Assise lying against him. Brooke eodem, nu. 14. Then spe∣ciall must be for one, or more certaine, Register Iudiciall, fol. 35. See the newe booke of En∣trise. verbo Reattachment.

Rebellion (Rebellio) is a French word signifiing the taking vp of armes against the King or pre∣sent estate. This French com∣meth from the Latine (Rebellio) which signifieth a second resi∣stance of such as being former∣ly ouercome in battaile by the Romanes, yeelded themselues to their subiection. The French men and we vse it generally for the traiterous taking vp of armes against the estate, be it by naturall subiects, or by o∣thers formerly subdued. Reade more of this. lib. 3. feudorum cap. 61. and Hotoman vpon the same chapter. See the writ of Rebellion. Rebell is sometime attributed to him that wilful∣ly breaketh a lawe. anno 25. Ed. 3. cap. 6. & anno 31. eiusdem, stat. 3. c. 2. sometime to a villein disobeying his Lord, a. 1. R. 2. c. 6.

Rebellious Assembly, is a ga∣thering together of 12. persons or more, intending or going a∣bout, practising, or putting in vre vnlawfully of their owne au∣thoritie to chaunge any lawes, or statutes of this Realme, or to destroy the inclosure of any park, or ground inclosed, or bankes of any fisheponds, pale, or conduict, to the intent the same shall remaine voide, or to the intent vnlawfully to haue common, or way in any of the said grounds, or to destroy the Deere in any Park, or any warrē of conies, or deuehouses, or fish in any pondes, or any house, barnes, mils, or bayes, or to burne stacks of corne, or to a∣bate rents, or prices of victuals, an. pri. Mar. c. 12. & an. 1. Eliza. cap. 17. See West parte 2. symbol. titulo Inditem〈…〉〈…〉s. Sectio 65. And Cromptons Iustice of peace. f. 41. b.

Rebutter, commeth of the French (Bouter. i. pellere, impellere, propellere, intrudere) and signifieth in our common lawe the same thing. For example, a man gi∣ueth land to him and the issue of his body, to antoher in fee with warranty. And the Donnee leaseth out this land to a third for yeares. The heire of the Donour impleadeth the tenent, alleadg∣ing that the land was intailed to him. The Donee commeth in, and by vertue of the warrantie made by the Donour, repelleth the heire, because though the land were intailed to him: ye•• he is heire to the warranty like∣wise;

and this is called a Rebut∣ter. See Brooke. titulo Barre: nu. 13. And againe if I graunt to my tenent to hould sine impe∣titione vasti, and afterward I im∣plede him for waste made, he may debarre me of this action, by shewing my graunt, and this is likewise a Rebutter. I∣dem, eodem, nu. 25. See the newe booke of Entries, verbo Rebutter.

Renant, anno 32. H. 8. ca. 2.

Recaption (Recaptio) signifieth a second distresse of one for∣merly distreined for the selfe same cause, and also during the plee grounded vpon the for∣mer distresse. It likewise signifi∣eth a writ lying for the party thus destreined, the forme, and farder vse whereof, you may see in Fitzh. nat. br. fol. 71. and the Register orig. fol. 86. and the Re∣gister Iudiciall, fol. 69. and the new booke of Entries. verbo. Recapti∣on.

Receyver (Receptor, or Recepta∣tor) generally and indefinitely vsed, is as with the Ciuilians, so also with vs, vsed commonly in the euill part for such as receiue stollen goods from theeues, and conceale them. l. 1. Π. de receptato∣ribus, but annexed to other words, as the receiuer of rents, &c. it signifieth many times an officer of great accoumpte, be∣longing to the king or other great personage. Cromptons Iuris∣dict. fol. 18. There is also an officer called the Reiceiuer of Fynes, who receiueth the mony of all such, as compound with the King in the office of the finances for the buying of any lands, or tenements houl∣den in Capite. West. parte 2. sym∣bol. titulo Fines. sect. 106. Recei∣uer of all offices accounptable. anno. 1. Ed. 4. ca. 1.

Receiuer generall of the Duchy of Lancaster, is an officer belon∣ging to the Duchy court, that gathereth in all the reuenewes and fines of the lands of the said Duchy, and of all forfeitures and assesments, or what else is thence to be receiued.

Receiuer generall of the court of Wards and liueries, is an officer be∣longing to that court, that is to receiue all rents, revenewes and fines of the lands belonging to his maiesties wards, as also the fines for licences to the Kings widowes to mary, of ouster le main sued out, and for idiots and lunatikes land, and finally all other profits whatsoeuer in mony arising to his maiestie out of or by reason of the court of wards and lyveries.

Receiuer generall of the Muster rolles. anno. 35. El. ca. 4.

Receiuer generall of the Duchie of Lancaster of the wards, and live∣ries, anno 39. Elizab. cap. 7.

Receyt. See Resceit.

Recluse (Reclusus) is he, that by reason of his order in religi∣on, may not stirre out of his house or cloyster. Litleton fol. 92.

Recognisance (Recognitio) com∣meth of the French (Recognoi∣sance. i. agnitio, recognitio) and in our common lawe is thus de∣fined. A Recognisance is a bond of record, testifing the re∣cognizour to owe vnto the recognizee a certaine summe of money, and is knowled∣ged in some court of record, or before some Iudge or o∣ther officer of such court, ha∣uing authoritie to take the same: as the Masters of the Chan∣cerie, the Iudges of either Bench, Barons of the Exche∣quer, Iustices of peace, &c. And those that be meere recognisan∣ces are not sealed, but inrolled. And execution by force thereof is of all the recognisours goods, and chatels, except his draught beasts, and implements of hus∣bandrie, and of the moitie of his lands, West. parte prim. symb. lib. 2. titulo Recognisances. sect. 149. And of these you may see there great diuersitie of pre∣sidents.

Note farder, that a Re∣cognizance, though in the spe∣ciall signification, it do but acknowledge a certaine debt, and is executed vpon all the goods, and halfe the lands of the recognisour: yet by extention it is drawne also to the Bonds, commonly called Statute Mer∣chant, and Statute of the Staple: as appeareth by the Register ori∣ginal. fol. 146. 151. & 252. and by West. vbi supra, and others. See Statute Merchant, and Sta∣tute Staple.

Recognisance hath yet ano∣ther signification, as appeareth by these wordes in the sta∣tute, West. 1. c. 36. anno 3. Ed. 1. It is prouided also and agreed, that if any man be attainted of disseisin done in the time of our King that now is, with roberie of any maner of goods, or moueables, by recognisance of Assise of nouel disseisin, the iudgement shall, &c. In which place it is vsed for the verdict of the twelue men empaneled vpon an Assise, which twelue are also called recognitours of the Assise, Litleton fol. 72. So also Bracton calleth them lib. 5. tractat. 2. cap. 9. num. 2. in these words: In essonio verò reddendo ex∣igentur omnes illi, quos causa tetige∣rit: sicut particeps, Warantus, & alii vt. supra. Recognitores in Assi∣sis, Iuratores in Iuratis, Inquisito∣res in Inquisitionibus, &c. And againe, lib. 3. tract. prim. cap. 11. num. 16. See the Statute anno 20. Ed. prim. stat. 4. See the newe book of Entries, ver. Recognisance.

Recognitione adnullanda per vim & duritiem facta, is a writ to the Iustices of the common Bench, for the sending of a record, touching a recognisance, which the recognisour sugge∣steth to be acknowledged by force and hard dealing, that if it so appeare, it may be dis∣anulled. Register original. fol. 183. a. b.

Recognitours (recognitores) is a word vsed for the Iurie empane∣led vpon an assise. 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) commeth of the Latine (recordari.) The word is both French and En∣glish, and in both tongs sig∣nifieth an authenticall or vn∣controulable testimonie in wri∣ting. Britton cap. 27. and Lamb. Eirenarch. lib. 1. cap. 13. In the Grand Custumarie of Norman∣die, there are seuerall Chapters of diuers 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 haue wordes to this effect. The record of the Kings Court, is a record of things done before the King. All things done before the King, so he haue one other witnesse. This record may he and other make: if he himselfe will not make it, it may be made by three others. And his person may not bee impeached (or excepted against) either in this or any other thing. The next chapter. viz. the 103. sheweth how many persons suffise to make a record in the Exche∣quer. The next how many in an assise, &c.

I find not that wee in our Courts (especially the Kings Courts) stand much vpon the number of recorders or witnes∣ses for the strength of the testi∣monie which the record wor∣keth: but that we take it suffi∣cient which is registred in each Court. Glanvile lib. 8. cap. 8. Bracton lib. 3. tract. 2. cap. 37. num. 4. Britton in the Proeme of his booke, saith, that the Iusti∣ces of the Kings Bench haue a record, the Coroner, Vicount, Iustices of the Exchequer, Iusti∣ces of Goale deliuerie, the Ste∣ward of England, Iustices of Ire∣land, Iustices of Chester, Iustices assigned by the Kings leters pa∣tents, in those causes they haue commission to take knowledge of. All which (as I take it) must be vnderstood with that caueat of Brooke, titulo (Record) num. 20 & 22. that an act committed to writing in any of the Kings

Courts, during the terme where∣in it is written, is alterable, and no record: but that terme once ended, and the said act duly en∣rolled, it is a record, and of that credit, that admitteth no altera∣tion, or proofe to the contrarie. Yet see Sir Edward Cookes Reports lib. 4. Rawlins case. fol. 52. b. ann. 12. Ed. 2. cap. 4. It is said, that two Iustices of either Bench haue power to record Non suites, & Defaults in the countrey. It ap∣peareth by Bracton, lib. 5. tract. 2. c. 1. & 11. that quatuor milites babent recordum, being sent to view a partie essoined de malo lecti, and lib. 5. tract. 1. cap. 4. nu. 2. that Seruiens Hundredi habet recordum in testimonio proborum honinum. And in the Statute of Carleil, made anno 15. Ed. 2. it is said, that one Iustice of either Bench with an Abbot, or a Prior, or a Knight, or a man of good same and credence, hath a re∣cord in the view of one that is said by reason of sicknesse, to be vnable to appeare personally for the passing of a fine. And anno 13. H. 4. cap. 7. & anno 2. H. 5. cap. 3. that two Iustices of peace, with the Shyreeue, or Vnder∣shyreeue haue power to record, what they find done by any in a ryot, or route, &c.

That which is before mentio∣ned out of Britton touching the Shyreeue, seemeth to be limited by Fitzh: nat. br. fol: 81. D. Who alloweth him a Record in such maters onely, as he is commaun∣ded to execute by the Kings writ, in respect of his office. And thence it commeth that Kitchin fol. 177. saith, that the Eschea∣tour, and Shyreeue be not Iusti∣ces of record, but officers of re∣cord. In which words he signifi∣eth, that their testimony is au∣thenticall onely in some certaine things that are expresly inioyned them by vertue of their. Com∣mission, as ministers to the King in his higher Courts, whereas Iustices of record haue in genera∣lity a record for all things within their cognisance done before them as Iudges, though not ex∣presly or particularly commaun∣ded. Fitzherbert in his Nat: br. fo. 82. in principio, something expla∣neth this point, writing to this effect: Euery act that the Shy∣reeue doth by vertue of his com∣mission, ought to be taken as mater of record, no lesse then the Iustices of peace. His reasons be two: the former, he cause his pa∣tent is of record: the other, be∣cause he is a conseruatour of the peace. And then he addeth, that the plees held before him in his County be not of record. Yet is the county called a Court of record. Westm. 2. ca. 3. anno 13. Ed. 1. But it seemeth by Britton. cap. 27. that it is onely in these

causes, whereof the Shyreeue houldeth plee by especiall writ; and not those that he houldeth of course or custome. And in that case also it may be gathered out of the same authour, that he hath a record, but with the testimony of those annexed, that be suiters to the Court. Which seemeth to agree with Bractons words aboue specified. Seruiens Hundredi habet recordum in testimonio proborum ho∣minum. And to this purpose read Glanuile. lib. 8. cap. 8. 9. & 10. One Iustice vpon view of for∣cible detinew of land, may re∣cord the same by statute. anno 15. R. 2. cap. 2. the Maior, and Constables of the Staple, haue power to record recognisances of debt taken before them. anno 10. H. 6. ca. 1.

Brooke, titulo (Record) seemeth to say, that no court ecclesiasti∣call is of record: how truly, it is to be inquired. For Bishops cer∣tifiing bastardy, bigamy, excom∣munication, the vacancy or ple∣narty of a Church, a mariage, a diuorce, a spirituall intrusion, or whether a man be professed in a∣ny religion, with other such like, are credited without farder en∣quiry or controlment. See Brooke, titulo Bastardy. See Fleta. lib: 6. ca. 39. 40. 41. 42. Lamb. cire∣narcha: lib: pri. cap. 13. Glanuile. li. 7. ca. 14. & 15. the Register originall: fol. 5. b. Bracton. lib. 5. tracta. 5. ca. 20. nu. 5. Britton ca. 92. 94. 106. 107. & 109. Doct. and Stud. li. 2. ca. 5. but especi∣ally Cosius apologie, parte pri. ca. 2. And a testament shewed vnder the seale of the Ordinary is not trauersable. 36. H. 6. 31. Perkins Testament. 491. Fulb. paral. fol. 61. b. But it may be that this o∣pinion groweth from a difference betweene that law, whereby the court Christian is most ordered, and the common law of this land. For by the ciuile or canon law no instrument, or record is held so firme, but that it may be checked by witnesses able to depose it to be vntrue. Co. plu•• valere quod agitur quàm quod simu∣late concipitur. ca. cùm Iohannes. 10. extra: de fide instrumentorum. Whereas in our common law a∣gainst a record of the Kings Court, after the terme wherein it is made, no witnes can preuaile. Britton. ca. 109. Coke lib. 4. Hindes case. fol. 71. lib. assisarum fol. 227. nota. 21. This reconci∣liation may be iustified by Brooke himselfe. titulo, Testaments. num. 4. 8. & 14. and by Glanuile, lib. 8. cap. 8.

The King may make a court of record by his graunt. Glanuil. li. 8. ca. 8. Britton cap. 121. as for example, Queene Elizabeth of worthy memory by her Charter dated. 26. Aprilis. anno 3. regni sui made the Consistory Court of

the Vniuersity of Cambridge a Court of record.

There are reckoned among our common lawyers three sorts of records: viz: A record iudici∣all, as attainder, &c. A record ministeriall vpon oath, as an office found. A record made by conueyance by consent, as a fine, deede enrolled, or such like. Coke. li. 4. Andrew Ognels case. fo. 54. b.

Recordare facias, or recordari facias, is a writ directed to the Shyreeue, to remoue a cause de∣pending in an inferiour court, to the Kings bench, or common plees, as out of a court of aunci∣ent Demesn, Hundred, or Countie, Fitz. nat. br. fol. 71. B. out of the countie Court. idem, fo. 46. B. or other courts of record. idem fol. 71. C. & 119. K. How∣beit, if you will learne more ex∣actly, where, and in what cases this writ lyeth, reade Brooke in his Abridgm. titulo, Recordare & pone. It seemeth to be called a recordare, because the forme is such, that it commaundeth the Shyreeue to whom it is directed, to make a record of the procee∣ding by himselfe, and others, and then to send vp the cause. See the Register, verbo, Recordare, in the Table of the originall Writs. See Certiorart. See Accedas ad Cu∣riam.

Recorder (recordator) commeth of the French (recordeur. i. talis persona quae in Ducis Curia â iudicio faciendo non debet amoueri.) Grand Custumarie of Norm. cap. 107. & 121. Whereby it appeareth, that those which were necessarie Iud∣ges in the Duke of Normandies Courts, were called Recorders: and who they were, is shewed in the ninth chapter of the said booke. And that they, or the greater part of them, had power to make a record, it is euident in the chapter 107. Here in England a Recorder is he, whome the Maior or other Magistrate of any citie, or towne corporate, hauing Iurisdiction, or a Court of record within their precincts by the Kings graunt, doth asso∣ciate vnto him for his beter di∣rection in maters of Iustice and proceedings, according vnto lawe. And he is for the most part a man well seene in the common lawe.

Recordo & processis mittendis, is a writ to call a Record, toge∣ther with the whole proceeding in the cause, out of one court in∣to the Kings Court. Which see in the Table of the Register orig. how diuersly it is vsed.

Recordo vtlagariae mittendo, is a writ Iudiciall, which see in the Register iudicial. fol. 32.

Recouerie (Recuperatio) cōmeth of the French) Recouvrer. i. Recu∣perare. It signifieth in our commō

lawe, an obteining of any thing by Iudgement, or triall of lawe, as evictio doth among the Ciui∣lians. But you must vnderstand, that there is a true recouerie and a feigned. A true Recouerie is an actuall, or reall recouerie of any thing, or the value there∣of by Iudgement: as if a man siewed for any land, or other thing moueable or immouea∣ble, and haue a verdict, and Iudgement for him. A feigned recouerie is (as the Ciuilians call it) quaedam fictio iuris. a certaine forme, or course set downe by lawe, to be obserued for the be∣ter assuring of lands or tene∣ments vnto vs. And for the be∣ter vnderstanding of this, reade West. parte 2. symbol. titulo Reco∣veries. sect. pri. who saith, that the end, and effect of a Recoue∣rie, is to discontinue and destroy estates Tayles, Remainders, and Reuersions, and to barre the for∣mer owners thereof. And in this formality there be required 3. parties, viz. the Demaundant, the Tenent, and the Vowchee. The Demaundant is he that bringeth the writ of Entrie, and may be termed the Recouerer: The Tenent is he, against whom the writ is brought, and may be termed the Recoveree. The Vowchee is he, whom the te∣nēt vowcheth, or calleth to war∣tantie for the land in demaund. West. vbi supra. In whom you may reade more touching this mater.

But for example to explane this point, a man that is desirous to cut of an estate tayle in lands or tenements, to the end, to sell, giue, or bequeath it, as him self seeth good, vseth his frend to bring a writ vpon him for this land. He appearing to the writ saith for him selfe, that the land in question came to him or his auncesters from such a man or his auncester, who in the conueiance thereof, bound him selfe and his heires to make good the title vnto him or them to whome it was conueied. And so he is allowed by the court to call in this third man to say what he can for the iustifiing of his right to this land, before he so conveied it. The third man commeth not: wherevpon the land is recouered by him that brought the writ: and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent. And by this meanes the entayle which was made by the tenent, or his auncester, is cut of by iudgement herevpon giuen: for that he is pretended to haue no power to entaile that land, wherevnto he had no iust title, as now it appeareth: because it

is evicted, or recouered from him.

This kinde of recouery is by good opinion, but a snare to de∣ceiue the people. Doctor & Stud. ca. 32. dial. pri. fol. 56. a. This feigned Recouery is also called a common Recouery: And the reason of that Epitheton is, be∣cause it is a beaten and common path to that end, for which it is ordeined, viz. to cut of the e∣states aboue specified. See the new booke of Entries verbo. Reco∣uery.

I saide before, that a true recouery is as well of the value, as of the thing: for the beter vnderstanding whereof, know, that (In valew) signifieth as much as (Illud quod interest) with the Ciuilians. For example, if a man buy land of an other with warranty, which land a third person afterward by suite of lawe recouereth against me, I haue my remedie against him that sould it me, to recouer in value, that is, to recouer so much in mony as the land is worth, or so much other land by way of exchaunge. Fitzh. nat. br. fol. 134. K. To recouer a warranty. old. nat. br. fol. 146. is to proue by iudgement that a man was his warrant against all men for such a thing.

Recto, is a writ, called in En∣glish, a writ of Right, which is of so high a nature, that whereas o∣ther writs in reall actions, be onely to recouer the possession of the land, or tenements in que∣stion, which haue beene lost by our auncester, or our selues, this aimeth to recouer both the sei∣sin, which some of our Aunce∣sters, or wee had, and also the propertie of the thing, whereof our Auncester died not seised, as of fee: and whereby are pleaded, and tried both the rights togither, viz. as well of possession, as property. Insomuch as if a man once loose his cause vpon this writ, either by Iudge∣ment, by Assise, or batell, he is without all remedie, and shall be excluded (per exceptionem Rei iu∣dicatae) Bracton lib. 5. tract. 1. cap. 1. & seqq. where you may reade your fille of this writ.

It is diuided into two species: Rectumpatens, a writ of right patent, and Rectum clausum, a writ of right close. This the Ciuilians call Iudicium petitorium. The writ of right patent is so called, because it is sent open, and is in nature the highest writ of all other, lying alwaies for him that hath fee simple in the lands, or tenements siewed for, and not for any other. And when it lieth for him that cha∣lengeth fee simple, or in what cases, See Fitzh. nat. br. fol. pri. C. whome see also. fol. 6. of a

speciall writ of right in London, otherwise called a writ of right according to the Custome of London. This writ is also called Breue magnum de Recto. Register originall. fol. 9, A. B. and Fleta li. 5. cap. 32. §. 1.

A writ of right close, is a writ directed to a Lord of aun∣cient Demesn, and lieth for those, which hould their lands and te∣nements by charter in fee simple or in fee taile, or for terme of life, or in dower, if they be eiected out of such lands, &c. or disseised. In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn, comman∣ding him to doe him right, &c. in his court. This is also called a small writ of right. Breve parvum, Register originall. fol. 9. a. b. and Britton, cap. 120. in fine. Of this see Fitzh. likewise at large. nat. br. fol. 11. & seqq.

Yet note that the writ of right patent seemeth farder to be extended in vse, then the origi∣nall inuention serued: for a writ of Right of Dower, which lieth for the tenent in Dower, and onely for terme of life, is pa∣tent, as appeareth by Fitzh. nat. br. fol. 7. E. The like may be said of diuers others that doe here∣after followe. Of these see also the table of the originall Register. verbo Recto. This writ is proper∣ly tried in the Lords court be∣tweene kindsmen, that claime by one title from their Aunce∣ster. But how it may be thence remoued, and brought either to the Countie, or to the kings court, see Fleta, lib. 6. cap. 3. 4. & 5. Glanvile seemeth to make e∣uery writ, whereby a man siew∣eth for any thing due vnto him, a writ of right. lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1.

Recto de dote, is a writ of Right of Dower, which lieth for a woman, that hath receiued part of her Dower, and purposeth to demaund the Remanent in the same towne, against the heire, or his Gardian, if he be ward. Of this see more in the old nat. br. fol. 5. and Fitzh. fol. 7. E. and the Register origi∣nall, fol. 3. and the newe booke of Entries, verbo Droyt.

Recto de dote vnde nihil habet, is a writ of right, which lieth in case, where the husband ha∣uing diuers lands or tenements, hath assured no dower to his wife, and she thereby is driuen to siew for her thirds against the heire or his Gardian, old. nat. by. folio 6. Register originall, fol. 170.

Recto de rationabili parte, is a writ that lieth alway, beweene priuies of bloud, as brothers in Gauel-kind, or sisters, or other Coparceners, as Nephewes or

Neeces, and for land in Fee simple. For example, if a man lease his land for tearme of life, and afterward dyeth, leauing is∣sue, two daughters, and after that the tenent for terme of life likewise dyeth: the one sister en∣tring vpon all the land, and so deforcing the other; the sister so deforced, shall haue this writ to recouer her part. Fitz. nat. br. fo. 9. Register origin. fol. 3.

Recto quando Dominus remisit, is a writ of right, which lyeth in case, where lands or tenements that be in the Seigneurie of any Lord, are in demaund 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 (sauing to him another time the right of his Seigneurie) then this writ is∣sueth out for the other partie, and hath this name from the words therein comprised, be∣ing the true occasion thereof. This writ is close, and must be returned before the Iustices of the common Bancke. old. nat. br. fol. 16. Regist. orig. fol. 4.

Recto de Advocatia Ecclesiae, is a writ of right, lying where a man hath right of Advouzen, and the Parson of the Church dying, a straunger presenteth his Clerke to the Church, & he not hauing moued his action of Quare impe∣dit nor darrein presentment within sixe monethes, but suffered the straunger to vsurpe vpon him. And this writ he only may haue, that claimeth the Aduowzen, to himselfe and to his heires in fee. And as it lyeth for the whole ad∣uowzen: so it lyeth also for the halfe, the third, the fourth part. old. nat. br. fol. 24. Register origi∣nall. fol. 29.

Recto de custodia terrae & haere∣dis, is a writ that lyeth for him, whose Tenent houlding of him in Chiualry, dyeth in his nonage, against a straunger, that entreth vpon the land, and taketh the body of the heire. The forme, and farder vse whereof see in Fitzh. nat. br. fol. 139. and the re∣gister originall: fol. 161.

Recto sur disclaimer, is a writ that lyeth, where the Lord in the kings court, sc: in the common plees, doth avow vpon his te∣nent, and the Tenent disclai∣meth to hould of him, vpon the disclaimer he shall haue this writ: and if the Lord auerre, and proue, that the land is houlden of him, he shall recouer the land for euer. old. nat. br. fo. 150. which is grounded vpon the sta∣tute, Westm. 2. ca. 2. anno 13. Ed. pri. which statute beginneth. Quia Domini feudorum, &c.

Rector, is both Latine, and En∣glish, signifiing a Gouernour. In

the common law rector ecclesia parochialis, is he that hath the charge, or cure of a parish Church: qui tantum ius in ecclesia parochiali habet, quantum praela∣tus in ecclesia collegiata. ca. vlt: De locat; & Conduct: in glos: ver∣bo Expelli potuissent. In our com∣mon law, I heare that it is lately ouer ruled, that rector ecclesiae pa∣rochialis is he, that hath a perso∣nage, where there is a vicarage, endowed: and he that hath a personage without a vicarage, is called persona. But this distin∣ction seemeth to be new and subtile praeter rationem. I am sure Bracton vseth it otherwise, lib: 4. tracta: 5. ca. pri. in these words. Et sciendum quod rectoribus ecclesi∣arum parochialium competit Assisa qui instituti sunt per Episcopos, & Ordinarios vt personae. Where it is plaine, that rector and persona be confounded. Marke also these words there following: Item dici possunt rectores Canonici de ecclesus praebendatis. Item dici possunt recto∣res, vel quasi, Abbates, Priores & alii, qui habent ecclesias ad proprios vsus.

Rectus in curia, is he that stan∣deth at the barre, and hath no man to obiect any offence a∣gainst him. Smith de repub: Angl: li. 2. c. 3. see a. 6. R. 2. sta. 1. c. 12.

Reddendum, is vsed many times substantiuely for the clause in a lease, &c. Whereby the rent is reserued to the leasour. Coke lib. 2. Lord Cromwels case. fol. 72. b.

Redisseisin (redisseisina) is a dis∣seisin made by him, that once before was found, and adiudged to haue disseised the same man of his lands, or tenements. For the which there lyeth a speciall writ, called a writ of redisseisin. old: nat. br. fol. 106. Fitzh. nat. br. fol. 188. See the new booke of Entries. verb. Redisseisin.

Redisseisina, is a writ lying for a redisseisin. Reg. orig. fo. 206. 207.

Reddicion, is a iudiciall con∣fession, and acknowledgement that the land or thing in demaūd belongeth to the demaundant, or at the least, not to himselfe. a. 34. & 35. H. 8. ca. 24. Perkins Dower. 379. 380.

Redubbours, be those that buy cloth, which they know to be stollen, and turne it into some o∣ther forme or fashion. Britton. cap. 29. Cromptobs Vicount, fol. 193. a.

Reentry, cōmeth of the French (r••••trer). i. rursus intrare, and sig∣nifieth in our common law, the resuming, or taking againe of possession, which we had ••••••st forgone. For example, if I make a lease, of land, or tenement, I doe thereby forgoe the possession, and if I doe condition with the Leassee, that for non payment of the rent at the day it shalbe lawfull for me to reenter, this

is as much as if I conditioned to take againe the lands &c. into mine owne hands, and to reco∣uer the possession by mine owne fact without the assistance of Iudge or proces.

Reere countie. See Rier Cown∣tye.

Re extent, is a a second ex∣tent made vpon lands, or te∣nements, vpon complaint made, that the former extent was par∣tially performed. Brooke, titulo. Extent. fol. 313.

Regard (regardum) is borowed of the French (Regard) or Regar∣dure. i. aspectus, conspectus, respe∣ctus.) and though it haue a gene∣rall signification of any care or diligence: yet it hath also a spe∣ciall acceptance, and therein is vsed onely in maters of the Fo∣rest: and there two waies: one for the office of the Regarder, the other for the compasse of ground belonging tothe Regar∣ders office or charge. Cromptons Iurisd. fol. 175. 199. Touching the former, thus saith M. Man∣wod, parte pri. of his Forest lawes. pag. 198. The Eire, generall sessions of the Forest, or Iustices seat, is to be houlden, and kepte euery third yeare: and of necessity before that any such sessions or Iustices seate can be houlden, the Regarders of the Forest must make their Regard. And this making of the Regard must be done by the kings writ. And the Regard is, (as he after∣ward there saith) to goe through the whole Forest, and euery Bayliwicke of the same, to see and enquire of the trespasses of the Forest: which he com∣priseth in these 4. viz. ad viden∣dendum. ad inquirendum, ad imbre∣viandum, ad certificandum. Of euery of which braunches you may reade there his exposi∣tion.

Touching the second signifi∣cation, the compas of the Re∣garders charge is the whole Fo∣rest, that is, all that ground, which is parcell of the Forest. For there may be woods within the limits of the Forest, that be no parcell thereof, and those be without the Regard, as the same author plainely declareth, parte pri. pag. 194. and againe parte 2. cap. 7. nu. 4. where he sheweth the difference between these words: (Infra Regardum) or (Rewardum) & Infra Fore∣stam.

Regarder (Regardator) com∣meth of the French (Regar∣deur). i. spectator) & signifieth an officer of the Forest. Cromptons Iurisdict. fol. 153. where it is thus defined. A Regarder is an offi∣cer of the Forest, appointed to survew all other officers. He saith there also, that this officer was ordeined in the beginning of

King Henry the seconds daies. M. Manwood in his first part of Forest lawes. pag. 188. thus defi∣neth him. A Regarder is an offi∣cer of the Kings Forest, that is sworne to make the Regard of the Forest, as the same hath been vsed to be made in auncient time. And also to view and in∣quire of all offences of the Fo∣rest, as well of vert as of venison, and of all concealements of a∣ny offences or defaults of the Foresters, and of all other offi∣cers of the Kings Forest, concer∣ning the execution of their offi∣ces. He saith there also, that a Regarder may be made either by the Kings leters patents, or by any one of the Kings Iusti∣ces of the Forest, at his discre∣tion in the generall Eyre, or at such time, as the Regard is to be made, by vertue of the Kings writ, directed to the Shyreeue of the Countie for that purpose. The forme of which writ he there setteth downe.

After that pag. 192. he set∣teth downe his oath in these words. You shall truly serue our souereigne Lord the King in the office of a Regarder in the Forest of Waltham. You shall make the Regard of the same in such maner, as the same hath beene accustomed to be made. You shall raunge through the whole forest, and through euery Bailiwicke of the same, as the Foresters there shall lead you to view the said forest. And if the foresters will not, or doe not know how to lead you, to make the regard or raunge of the Fo∣rest, or that they will conceale from you any thing that is for∣feited to the King, you your selues shall not let for any thing: but you shall see the same for∣feiture, and cause the same to be inrolled in your rolle. You shall inquire of all wastes, pourpre. stures, and Asserts of the Forest, and also of concealements of a∣ny offence, or trespasse in the Fo∣rest. & all these things you shall to the vttermost of your power doe, so helpe you God. Then you may reade farder the parti∣culars of his office. eadem, pag. 195. And pag. 207. he saith that their presentments must be vpon their view, and so recorded, and that the Regarders of them∣selues haue power to heare and determine the fine, or amer∣ciament for expeditating of dogs. See Regard.

Regio assensu, is a writ where∣by the King giueth his Royall assent to the election of a Bi∣shop or Abbot. Register origin. fol. 294. b.

Registrie) Registrum) commeth of the French (Registre. i. liber, librarium, codex ratiocinarius, e∣phemeris, commentarius) it signi∣fieth

with vs the office, or books, or rolls, wherin are recorded the proceedings of the Chauncerie, or any spirituall courte. The wri∣ter, and keeper whereof is cal∣led the Register, in latine, Regi∣starius. Register is also the name of a booke, wherein are ex∣pressed all the formes of writs vsed at the common lawe, called the Register of the Chauncerie. anno 13. Ed. prim. cap. 24. Some say it is tear∣med Registrum quasi Regestum. Prataeus.

Regrator (regratator) com∣meth of the French (regratter i. desquamare.) Regratter quelque vielle robe & la faire neufue) is to scoure or furbush an old garment and to make it new againe. Also (regratteur) signi∣fieth as much as (Mango) in Latine: which kind of men sold children, and to sel them the beter, mentiends coloris ar∣tem optime callebant. Martialis & Plinius. This word in our cō∣mon lawe, did aunciently signi∣fie such as bought by the great, and sold by retayle. anno 27. Ed. 3. stat. prim. ca. 3. but now it signifieth him, that buyeth and selleth any wares, or victuals in the same market, or faire, or within 5. miles thereof. anno 5. Ed. 6. cap. 14. anno 5. Eliz. cap. 12. anno 13. Eliz. cap. 25. See Fore∣stallers and Engrossers.

Rehabere facias seisinam quando Vice comes liberavit seifinam de maiore parte, quam deberet, is a writ Iudiciall. Regist. Iudicial, fol. 13. 51. There is another writ of this name and nature. eodem fol. 54.

Reioynder (reiunctio) signifieth in our common lawe, as much as Duplicatio with the Ciuili∣ans, that is, an exception to a replication. For the first answer of the Defendant to the Plain∣tiffes bill, is called an excep∣tion: the plaintiffes aunswer to that, is called a Replication: and the Defendants to that, Dupli∣cation in the ciuill lawe, and a Reioynder with vs; especially in Chauncerie. West. parte 2. symb. titulo Chauncerie. sect. 56. where he citeth these words out of Spigelius. Est autem reiunctio seu duplicatio, vel allegatio, quae da∣tur reo ad infirmandum replicationē actoris, & confirmandum except io∣nem Rei.

Relation (relatio) idem quod fictio∣iuris, to make a nullitie of a thing from the beginning, (for a cer∣taine intent) which had essence, Cooke lib. 3. Butler & Baker. fol. 28. b. which in playner termes may be thus expounded. Rela∣tion is a fiction of the lawe, whereby something is (for a speciall purpose) imagined ne∣uer to haue bene, which in

truth was. Reade the rest.

Release (relaxatio) commeth of the French Relasche. i. cessa∣tio, relaxatio, lax amentum) and in our common lawe is thus de∣fined: A Release is an Instrument whereby estates, rights, titles, entries, actions, and other things be some time extinguished, some time transserred, sometime a∣bridged, and sometime enlar∣ged. West. parte prim. symbol. lib. 2 sect. 509. And there is a Release in fact, and a release in lawe. Perkins Graunts 71. A release in fact seemeth to be that, which the very words expressely de∣clare. A Release in lawe is that, which doth acquite by way of consequent, or intendment of lawe. An example whereof you haue in Perkins vbi supra. Of these, how they be auaileable, & how not, see Litleton at large. li. 3. cap. 8. fol. 94. of diuers sortes of these Release see the newe booke of Entries. verbo Re∣lease.

Reliefe (relevium) commeth of the French (relever. i. relevare) and fignifieth in our common lawe, a certaine summe of money, that the tenent holding by knights seruice, grand serge∣antie, or other tenure, for the which homage or regall ser∣uice is due, or by soccage, for the which no homage is due, and being at full age at the death of his auncestour, doth pay vnto his Lord at his entrance. Bracton lib. 2. cap. 36. giueth a reason why it is called a Reliefe. viz. quia haereditas, quae tacens fuit per antecessoris decessum, relevatur in manus heredum, & propter factam relevationem, facienda erit ab he∣rede quaedam praestatio, quae dicitur Relevium. Of this you may read Britton. cap. 69. in a maner to the same effect. Of this also speaketh the Grand Custumary of Normandie, cap. 34. to this effect: It is to be knowne, that the Lord of the fee ought to haue reliefe of the lands, which be held of him by homage, when those die, of whom he had ho∣mage. And that this is not onely proper to vs in Eng. or Norman∣die, appeareth by Hotoman in his Commentaries, de verbis feud. verbo Relevium, who there defi∣neth it thus: Relevium est ho∣norarium, quodnovus vasallus pa∣trono introitus causa largitur, quasi morte vasalli alterius, vel alto quo casu feudum ceciderit: quod iam à novo sublevetur: and farder spea∣keth of it, that which is worth the reading, and containeth great knowledge of antiquitie. See the like definition in Maran∣ta singularibus. verbo Relevium. For the quantitie of this reliefe, see the Great charter, cap. 2. in these words: If any of our Earles or Barons, or any other

our tenents, which hold of vs in chiefe by knights seruice, dye, and at the time of his death his heire is of full age, and ow∣eth to vs reliefe, he shall haue inheritance by the old Reliefe: that is to say, the heire, or heires of an Earle for one whole Earl∣dome one hundred pound: the heire or heires of a Baron for one whole Baronie, one hundred merkes: the heire or heires of a Knight, for one whole Knights fee, one hundred shil∣lings at the most. And he that hath lesse, shall giue lesse, ac∣cording to the old custome of the fees. Reade also. Glanvile lib. 9. cap. 4. fol. 68. who saith, that in his dayes the Reliefe of a Ba∣ronie was not certaine. The heire in francke soccage, when he commeth to his full age, after the death of his auncester, shall double the rent that he was wont to pay to the Lord, and that shall be in place of reliefe. old nat. br. fol. 94. Somewhat more hereof you may reade in anno 28. Ed. prim. statut. prim. and Kitchin fol. 145. ca. Reliefe. and Glanvile, lib. 7. cap. 9. The Feudists also write of this at large. Among others Vincentius de Franchis descis. 121. saith, that Relevii solutioest quaedam ex∣trinseca praestatio à consuetudine in∣troducta, quae non inest feudo, quod∣que soluitur proconsirmatione, seu re∣nouatione investiturae & possessionis. See Heriot. This Leo the Empe∣rour Novella 13. calleth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. By the auncienter ciuile lawe it is termed (introitus) l. pe∣nult. §. Alumno. Π de legatis. Skene de verb. signif. saith, that Reliefe is a French word from the La∣tine relevare, which is to releeue or take vp that which is falen. For it is giuen by the tenent, or vassall being of perfect age, af∣ter the expiring of the warde∣ship to his Lord, of whome he holds his land by Knights ser∣uice, that is, by ward and re∣liefe; and by payment thereof he relieues, and (as it were) rai∣seth vp againe his lands, after they were fallen downe into his superiours hands by reason of wardship, &c.

Remainder (remanentia) signi∣fieth in our common law, a pow∣er or hope to inioy lands, tene∣ments, or rents after the estate of another expired. For example, a man may let land to one for terme of his life, and the Remain∣der to another for terme of his life. Litleton cap. Atturnment: fol: 113. And this Remainder may be either for a certaine terme, or in fee simple, or fee taile, as might be proued by many places in the law writers. But in steed of the rest, take Brooke, titulo Done & Re∣mainder, fol: 245. Glanuile. lib. 7. ca. pri: in fine hath these words:

Not andum quod nec Episcopus, nec Abbas, quiaeorum Baroniae sunt de eleemozina Domini Regis, & ante∣cessorum eius, non possunt de Domini∣cis suis aliquam partem dare ad re∣manentiam sine assensu & confir∣matione Demini Regis. Where it appeareth that Dare ad remanen∣tiam is to giue away for euer. To the same effect doth he vse it cap. 9. eiusdem libri in these words, speaking of the Lords of mancrs during the minority of their wards. Nihil tamen de haereditate, de iure alienare possunt ad remanen∣tiam. In the like sort doth Bracton vse it. lib. 2. cap. 23. in fine: and also lib. 4. tracta. 2. cap. 4. nu. 4. See the new booke of Entries. verbo Remainder.

Remembrancers of the Exche∣quer (Rememoratores) be three offi∣cers, or clerks, one called the Kings Remembrancer. anno 35. El. cap. 5. The other the Lord Treasurers Remembrancer, vp∣on whose charge it seemeth to lye, that they put all Iustices of that court, as the Lord Treasurer and the rest, in remembrance of such things, as are to be called on, and delt in for the Princes behoofe. The third is called the Remembrancer of the first fruites. Of these you may read something. anno 5. Rich. 2. stat. pri: cap. 14. & 15. to the effect aboue specified. These anno 37. Ed. 3. cap. 4. be called clerks of the Remembrance. It seemeth that the name of this officer is borowed from the Ciuilians, who haue their (Memoriales) qui sunt notarii Cancellariae in regno subiects officio Questoris. Lucas de penna. C. lib. 10. tit. 12. nu: 7. The kings Remembrancer en∣treth in his office all recognican∣ces taken before the Barons for a∣ny the Kings debts, for apparen∣ces, or for obseruing of orders. He taketh al bonds for any of the kings debts, or for apparance, or for obseruing of orders, and maketh proces vpon them for the breach of them. He writeth proces against the collectors of customes, subsidies and fiue∣teenthes, for their accompts. All informations vpon penall sta∣tutes are entred in his office. And all maters vp on English bils in the Exchequer chamber are re∣maining in his office. He maketh the bils of compositions vpon penall lawes: taketh the stal∣ments of debts: maketh a record of a certificate deliuered vnto him by the clerk of the Starre-chamber of the fines there set, and sendeth them to the pipe. He hath deliuered vnto his office all maner of indentures, fines, and other euidences whatsoeuer, that concerne the assuring of any lands to the Crowne. He yearely in crastino animarum readeth in open court the statute for the

elections of Shyreeues, and gi∣ueth those that chuse them their oath: he readeth in open court the oath of all the officers of the court, when they are admit∣ted.

The treasurers remembrancer maketh proces against all Shy∣reeues, escheators, receiuers, and bayliffs for their accoumpts. He maketh proces of (fieri facias) and extent for any debts due to the King, either in the pipe, or with the auditors. He maketh proces for all such reuenew as is due to the King by reason of his tenures. He maketh a record, whereby it appeareth whether Shyreeues and other accountants pay their profers dew at Easter and Michelmas. He maketh a∣nother record, whereby it ap∣peareth, whether Shyreeues and other accountants keepe their daies of prefixion. All extreats of fines, issues, and a∣merciaments set in any courts of Westminster, or at the assises, or sessions, are certified into his of∣fice, and are by him deliuered to the clerk of extreats to write proces vpon them. He hath also brought into his office all the ac∣coumpts of customers, control∣lers, and other accoumptants to make thereof an entry of re∣cord.

The Remembrancer of the first fruites, taketh all compositi∣ons for first fruites and tenthes: and maketh proces against such as pay not the same.

Remittere, commeth of the French (remettre. i. restituere, re∣ponere) and signifieth in our com∣mon law, a restitution of one that hath two titles to lands or tenements, and is seised of them by his later title, vnto his title that is more auncient, in case where the later is defectiue. Fitz. nat. br. fol. 149. F. Dyer fol. 68. nu. 22. This in what case it may be graunted to any man, see in Brooke, titulo Remitter: and the terms of law. The Doctor and Stu∣dent of this mater hath these words: if land discend to him that hath right to that land be∣fore, heshalbe remitted to his beter title, if he will. capite no∣no. fol. 19. b. See the new booke of Entries: verbo Remit∣ter.

Render, commeth of the French (Rendre. i. reddere, retribu∣ere, restituere) and signifieth in our common lawe, the selfe same thing. For example, this word is vsed in leuying of a fine. For a fine is either single, by which nothing is graunted, or rendred backe againe by the Cognizee, to the Cogni∣zoumor double, which contei∣neth a graunt, or render backe againe of some rent, common,

or other thing, out of the land it selfe to the Cognizor, &c. West. parte. 2. symbol. titulo Fines. sect. 21. & 30. F. Also there be certaine things in a maner that lie in prender, that is, which may be taken by the Lord, or his officer, when they chaunce, without any offer made by the tenent, as the ward of the body of the heire, and of the land, escheats, &c. and certaine that lie in Render, that is, must be deliuered or answered by the Tenent, as rents, reliefes, heri∣ots, and other seruices. Idem, eo∣dem sect. 126. C. Also some ser∣vice confisteth in seisāce, some in Render. Perkins Reseruations. 696.

Rent (Reditus) commeth of the French (Rent. i. vectigal, pen∣sitatio annua) and signifieth with vs, a summe of mony or other consideration issuing year∣ly out of land or tenements. Plouden, casu Browning. fol. 132. b. & fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers: that is, Rent seruice, Rent charge, and Rent seck. Rent seruice is, where a man houldeth his land of his Lord by fealty, and certaine rent, or by fealty, seruice, and certaine rent. Litleton lib. 2. ca. 12. fol. 44. or that which a man, making a lease to another for terme of yeares, reserueth yearely to be paid him for the same. Termes of lawe. verbo Rents. who giueth this reason thereof, because it is in his li∣bertie, whether he will distraine, or bring an action of debt. A Rent charge is that, which a man making ouer an estate of his land, or tenements to another, by deede indented either in in fee, or fee tayle, or lease for terme of life, reserueth to him∣selfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse, or to him and his heires. See Litleton, vbi supra. A Rent seck, otherwise a drie rent, is that, which a man ma∣king ouer an estate of his land or tenement, by deede inden∣ted, reserueth yeerely to be paid him without clause of distresse mentioned in the Inden∣ture. Litleton vbi. supra. and termes of the lawe. verbo Rents. see the newe expositour of lawe Termes: See Plowden, casu Browning. fol. 132. b. See the differences betweene a rent, and an annuitie. Doctor and Stu∣dent. cap. 3. O••dialo. primo.

Reparatione facienda, is a writ, which lieth in diuers cases, whereof one is, where three be tenents in common, or ioynt tenents, or pro Indiviso, of a mille, or house which is fallen into decay, and the one being wil∣ling to repaire it, the other two

will not. In this case, the party willing shall haue this writ a∣gainst the other two. Fitzh. nat. br. f. 127. where read at large the form & many vses of this writ. as also in the Regi. orig. fol. 153. b.

Repeale, commeth of the French (Rappel. i. Revocatio) and signifieth in our common lawe euen the same; as the Repeale of a statute, Rastall titulo Repeale. Brooke vseth Repellance in this signification, titulo Repellance.

Repleader (Replacitare) is to plead againe, that which was once pleaded before. Rastall, titulo Repleader. See the newe booke of Entries, verbo Repleder.

Replegiare. See Replevie. See Second deliuerance.

Replevie (Pleuina) is the brin∣ging of the writ called Replegi∣arifacias, by him that hath his catel or other goods distreined by another for any cause, and putting in suerty to the Shyreue, that upon the deliuery of the thing distreined, he will per∣siew the action against him that distreined. Termes of lawe. See Replegiare. It is vsed also for the bayling of a man. pl. cor. fol. 72. 73. 74. & West pri. cap. 11. & cap. 15. anno 3. Ed. 1.

Replegiare de averus, is a writ brought by one, whose catell be distreined or put in pound vpon any cause by another, vp∣on surety giuen to the Shyreeue to persiew the action in lawe. anno 7. H. 8. cap. 4. Fitzh. nat. br. fol. 68. See the Register originall, of diuers sorts of this writ cal∣led Replegiare. in the table, ver∣bo eodem. See also the Register Iudiciall, fol. 58. & 70. see also the newe boke of Entries. verbo Replevin. See Dyer. fol. 173. nu. 14.

Replevish (Replegiaro) is to let one to mainprise vpon suretie. anno 3. Ed. 1. cap. 11.

Replication (replicatio) is an ex∣ception of the second degree made by the plantife vpon the first answer of the Defendant, West. parte 〈◊〉〈◊〉. symbol. titulo Chaun∣cerie. sect. 55. & Westm. 2. anno. 13. Ed. pri. cap. 36. This is borow∣ed from the Ciuilians, De replica∣tionibus, lib. 4. Institutio. titulo. 14.

Report (Reportus) is in our com∣mon lawe a relation, or repe∣tition of a case debated, or ar∣gued. which is sometime made to the court, vpon reference from the court to the Reporter, somtime to the world voluntari∣ly, as Ploydens reports, & such like.

Reposition of the Forest, was an act whereby certaine forest grounds being made purlieu vpon view, were by a second view laide to the Forest againe. Manwood, parte pri. pag. 178.

Reprisels (Reprisalia) are all one in the common and Ciuill law. Represalia est potestas pignoran∣di contra quemlibet de terya debi∣toris

data creditori pro iniuriis & damnis acceptis. Vocabularius v∣trius{que} iuris. This among the auncient 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. lawe of Marque, of the German word March. i. termi∣nus, limes. And the reason may be, because one destitute of Iustice in another territory, redresseth himselfe by the goods belonging to men of that terri∣torie, taken within his owne bounds.

Requests (Supplicum libelli, Cu∣ria Requisitionum) is a Court of of the same nature with the Chauncerie, redressing by equi∣tie the wrongs that poore men doe suffer at their hand, whose might they are not able to withstand either in lawe or o∣therwise. It tooke beginning as some men thinke, by commis∣sion from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction, but travai∣led betweene the Prince and petioners, by direction from the mouth of the King. Guins preface to his readings, But see Court of Requests.

Resceyt (Receptio) seemeth to be an admission of a third person to pleade his right in a cause formerly commenced, betweene other two. See the newe booke of Entries. verbo Resceit. v. Aide prier. The Ciuilians call this admissionem tertii pro suo interesse. Of this you haue one example in the Termes of lawe, viz. if Tenent for terme of life, or tenent for terme of yeares bring an action: he in the reuer∣sion commeth in, and prayeth to be receiued to defend the land, and to plead with the De∣mandant. Many more you may haue in Brooke, titulo, Resceite. fol. 205. See Perkins Dower. 448. ••eceit is also applied to an ad∣mittance of plee, though the controuersie be but betweene two onely. Brooke estoppell. in ma∣ny places.

Resceyt of homage, is a relatiue to doing homage, for as the Te∣nent, who oweth homage, doth it at his admission to the land: so the Lord receiueth it. Kitchin fol. 148. See Homage.

Rescous (Rescussus) commeth of the French (Rescourre se Rescourre du danger. i. asserere se ab iniuria) It signifieth in our common law a resistance against a lawfull authoritie: as for exam∣ple, if a Baylife, or other officer vpon a writ doe arrest a man, and another (one or more) by violence doe take him away, or procure his escape: this act is called, a Rescus Cassanaeus in his booke de consuetud. Burg. hath

the same word coupled with (resistentia) fol. 294. whereby it appeareth, that other nations do vse this word in the same signifi∣cation that we doe, or the very like. It is also vsed for a writ, which lyeth for this act called in our lawyers latine (Breue de res∣cussu) whereof you may see both the forme and vse in Fitzh. nat. br. fol. 101. and the register origi∣nall: fol: 125. See the new booke of Entries. verbo rescous. This res∣cous in some cases is treason, and in some felony. Crompton. Iustice fol: 54. b.

Reseiser (reseisire) is a taking againe of lands into the Kings hands, whereof a generall liue∣ry, or ouster le main was formerly missued by any person or per∣sons, and not according to forme and order of law. Of this see Stawnf. praeroga: 26. where it is handled at large. See resumption.

Resiance (resiantia) seemeth to come of the French (rasseoir, see Rasseoir. i. residere) and signifieth a mans aboad or continuance in a place. Old nat: br. fo. 85. whence also commeth the participle (re∣siant) that is continually dwel∣ling, or abiding in a place. Kit∣chin, fol. 33. It is all one in truth with Residence, but that cu∣stome of speach tyeth that onely to persons ecclesiasticall.

Reseruation, signifieth that rent or seruice which the graunter in any graunt tyeth the grauntee to performe vnto him, or them, or the Lord Paramonte. Perkins re∣seruations: per totum.

Residence (residentia) commeth of the Latine (residere) and is pe∣culiarly vsed both in the Ca∣non and Common lawe, for the continuance or abode of a Parson or Vicar vpon his benefice. The default whereof (except the partie be qualified, and dispenced with) is the losse of tenne pounds for eue∣ry moneth, anno 28. Henr. 8. cap. 13.

Resignation (resignatio) is vsed particularly for the giuing vp of a Benefice into the hands of the Ordinarie, otherwise called of the Canonists (renunciatio.) And though it signifie all one in nature with the word (Sur∣render) yet it is by vse more re∣streined to the yeelding vp of a spirituall liuing, into the hands of the Ordinarie, and Sur∣render to the giuing vp of tem∣porall lands into the handes of the Lord. And a resigna∣tion may now be made into the hands of the King, as well as of the Diocesan, because he hath supremam authoritatem Ecclesia∣sticam, as the Pope had in time past. Plowden. casu Grendon. fol. 498. a.

Resort, is a word vsed pro∣perly in a writ of ayle, or couse∣nage,

as discent is in a writ of right. Ingham.

Respectu computi Vice-comitis habendo, is a writ for the res∣piting of a Shyreeues accompt vpon iust occasion, directed to the Treasurer and Barons of the Exchequer. Register fol. 139 & 279.

Respight of homage, (respectus homagii) is the forbearing of homage, which ought first of all to be performed by the te∣nent, that holdeth by homage. Which respight may be occa∣sioned vpon diuers good rea∣sons: but it hath the most fre∣quent vse in such as hold by Knights seruice in capite: who because the Prince cannot be at leasure to take their homage, do pay into the Exchequer, at cer∣taine times in the yeare, some small summe of money to be res∣pighted, vntill the Prince may be at leasure to take it in per∣son.

Responsions (responsiones) seeme to be a word vsed properly and especially by the knights of S. Iohn of Ierusaiem, for certaine accompts made vnto them by such as occupied their landes or stockes. anno 32. H. 8. cap. 24.

Responsalis, is he that com∣meth for another at the day as∣signed for his appearance in Court, Bracton. Fleta seemeth to make a difference betweene atturn atum, essoniatorem & respon∣salem, lib. 6. cap. 11. §. Officium: as if essoniator came onely to alledge the cause of the parties absence, be he the demandant or tenent, and responsalis came for the te∣nent not onely to excuse his ab∣sence, but also to signifie what triall he meant to vndergoe, viz. the combat or the countrie. lib. 6. cap. 11. §. Si autem. A man in auncient time could not ap∣point an Atturney for him, without warrant from the king. Fleta, eodem cap. 13. in fine. See Atturney. This word is vsed in the Canon lawe, Et significat procuratorem vel eum qui absentem excusat. cap. Cùm olim propter. extra. de rescript.

Restitution (restitutio) is a yeel∣ding vp againe of any thing vn∣lawfully taken from another. It is vsed in the common law, most notoriously for the setting him in possession of lands or tene∣ments, that hath bene vnlaw∣fully disseised of them, which when it is to be done, and when not, see Cromptons Iustice of peace. fol. 144. b. &c. vsque 149.

Restitutione extracti ab Ecclesia, is a writ to restore a man to the Church, which he had recoue∣red for his sanctuarie being sus∣pected of felonie. Register ori. fol. 69. a.

Restitutione temporalium, is a writ that lyeth in case, where a

man being elected, and confir∣med Bishop of any Diocesse, and hath the Princes royall as∣sent thereunto, for the recouery of the temporalities, or Baronie of the said Bishopricke with the appurtenances. And it is directed from the King to the Eschea∣tour of the Countie, the forme whereof you haue in the Regist. origin. fol. 294. and in Fitz. nat. br. fol. 169. Where you may read also, that it lyeth for those Ab∣bots and Priors newly elected and confirmed, that were of the kings foundation.

Resummons (resummonitio) is compounded twice, that is, of re, sub, and Moneo: and signifi∣eth a second summons and cal∣ling of a man to answer an a∣ction, where the first summons is defeated by any occasion, as the death of the partie, or such like. Brook tit. See Resummons. fol. 214. See of these foure sorts, ac∣cording to the foure diuers ca∣ses in the Table of the Register Iudiciall. fol. 1. See also the new booke of Entries, verbo. Reat∣tachement, & Resummons.

Resumption (resumptio) is parti∣cularly vsed for the taking again into the Kings hands, such land or tenements, as before vpon false suggestion, or other error, he had deliuered to the heire, or graunted by leters patents to any man. Brooke, titulo Repel∣lance, & Resumption. fol. 298. Thus it is applyed, anno 31. H. 6. cap. 7. See Reseiser.

Retainer, commeth of the French (retenir. i. detinere, retinere) It signifieth in the cōmon law, a seruant not meniall nor familiar, that is not continually dwelling in the house of his Lord or Ma∣ster, but onely vsing, or bearing his name, or liuery. This liuery was wont to consist of hats (o∣therwise hoods) badges, and o∣ther suits of one garment by the yeare. anno pri: R. 2. cap. 7. These were taken by great Lords, ma∣ny times vpon purpose of main∣tenance, and quarels, and there∣fore they haue beene iustly, for the better freedome of law, for∣bidden by many statutes: as namely by anno pri: R. 2. cap. 7. vpon paine of imprisonment, and greeuous forfeiture to the King: and againe anno 16 eiusd. cap. 4. & anno 20. eiusedem, cap. 1. & 2. and anno pri. H. 4. cap. 7. by the which the Lords offen∣ding herein should make ran∣some at the Kings will, and any Knight or Esquire hereof duly at∣tainted, should loose his said Li∣uery, and forfeit his see for e∣uer; and any yeoman wearing the Liuery of the King, or other Lord, should be imprisoned, and make raunsome at the Kings will, onely some fewe excepted in the said statute: which statute

is farder confirmed, and expla∣ned anno 2. H. 4. cap. 21. & an. 7. eiusd. cap. 14. & anno 13. eiusd. cap. 3. & anno 8. H. 6. ca. 4. And yet this offence was so deeply rooted, that Edward the fourth was driuen to confirme the for∣mer statutes, and farder to extend the meaning of them, as appea∣reth by the statute made anno 8. Ed. 4. cap. 2. adding an espe∣ciall paine of fiue pounds to e∣uery man that giueth such Liue∣ry, and as much to euery one so retained, either by writing, oath, or promise, for euery moneth. Yet is not this fault so well looked vnto, but that there is need of more pregnant lawes for the redresse thereof, or at the least beter execution of those, that be already made. These be by the Feudists called (affidati.) Sic e∣nim dicuntur, qui in alicuius fidem & tutelam recepti sunt. Neapol. constitu. li. 3. titulo 7. And as our retainers are here forbidden: so are those (affidati) in other coun∣tries.

Retraxit, is an exception a∣gainst one that formerly com∣menced an action, and withdrew it, or was non-suit before triall. Brooke. titulo. Departure in de∣spight, & Retraxit. fol. 216. See also the new booke of Entries: verbo Deperter & verbo retrar it.

Returne (returna) commeth of the French (retour. i. reditio, reuer∣sio, recursus) and in our common law, hath two particular apply∣cations, as namely the return of a writ by Shyreeues, and Bayliffs, which is nothing but a certificate made to the Court, whereun∣to the writ directeth him, of that which he hath done, tou∣ching the seruing of the same writ. And this among the Ciui∣lians is called Certificatorium. Of returnes in this signification, speake the statutes of Westm. 2. cap. 39. anno 13. Ed. prim. and Tractatus contra Vice-comites & Clericos, with diuers other, colle∣cted by Rastal, titulo Returne of Shyreeues. So is the returne of an office, Stawnf. prarog. fol. 70. a certificate into the court, of that which is done by vertue of his office: See the Statutes of dayes in banke. anno 51. H. 3. & anno 32. H. 8. cap. 21. And in this signifi∣cation Hilary terme is said to haue 4. returnes. viz. Octabis Hilarii, Quindena Hilarii, crastino Purificationis, Octabis Purifica∣tionis: and Easter terme to haue 5. returnes, viz. Quindena paschae, Tres paschae, mense paschae, Quinque pasche, & crastino Ascensionis. And Trinity terme 4. returnes. i. Cra∣stino Trinitatis, Octabis Trinitatis, Quindena Trinitatis, Tres Trini∣tatis. And Michaelmas Terme 8. returnes. sc. Octabis Michae∣lis, Quindena Michaelis, Tres Michaelis, Mense Michaelis, Cra∣stino

animarum, Crastino Marti∣ni, Octabis Martini, Quindena Martini.

The other application of this word is in case of Repleuy. For if a man distraine catell for rent, &c. And afterward iustifie or a∣vowe his act, that it be found lawfull, the catell before deliue∣red vnto him that was distrained vpon security giuen to follow the action, shall now be retur∣ned to him, that distrained them. Brooke, titulo Returne d'auers & hommes. fol. 218. you shall finde this word often vsed in Fitzh. nat: br. as appeareth in the word Returne in his table: but in all those places it hath the one or the other of these two significa∣tions.

Returno habendo, is a writ, which lyeth for him that hath a∣uowed a distresse made of catell, and proued his distresse to be lawfully taken for the returne of the catell distrained vnto him, which before were expleuied by the party distrained, vpon suerty giuen to persiew the action. Terms of law, verbo Repleuin.

Returnum aueriorum, is a writ Iudiciall, graunted to one im∣pleaded for taking the cattell of another, & vniust deteining of them contra vadium & plegios, and appearing vpon summons is dis∣missed without day, by reaso•• that the plaintife maketh de∣fault, and it lyeth for the returne of the cattell vnto the Defen∣dant, whereby he was summo∣ned, or which were taken for the security of his apparence vp∣on the summons. Register Iudici∣all. fol. 4. a.

Returnum irreplegiabile, is a writ iudiciall sent out of the common plees to the Shyreeue, for the finall restitution or re∣turne of catell to the owner, vn∣iustly taken by another as dam∣mage seisant, and so found by the Iury before Iustices of Assise in the County. For which see the Register Iudiciall fo. 27. a. b.

Reue, aliâs Greue (Praefectus) is made of Gerefa the Saxon word for a gouerner. Lamb: explica: of Saxon words, verb. Profectus, and that by reiecting the first silla∣ble, which (he saith) among the Saxons is vsuall. It signifieth in our common law, the Bayliffe of a Fraunchis or maner, and espe∣cially in the West parts. Of this you may see Kitchin. fol. 43. See Greue. See Shyreeue. See also of this word M. Verstigan in his re∣stitution of decayed intelli∣gence. cap: 10. speaking much to the same effect.

Reuels, seemeth to be deriued from the French word (Reueiller. i. excitari, vel expergefieri) It sig∣nifieth with vs sports of daun∣sing, masking, comedies, tra∣gedies, and such like vsed in

the Kings house, the houses of court or of other great person∣ages. The reason whereof is, because they are most vsed by night, when otherwise men commonly sleepe, and be at rest. In the Kings house there is an officer called the Master of these Reuils, who hath the or∣dering, and dispositions of these pastimes in the court.

Reuenewe, is a French word, signifiing as much as Reditio, Reuersio, Reditus. It signifieth properly the yearely rent that groweth to euery man from his lands and possessions.

Reuersion (Reversio) signifieth in the comon lawe, a possibili∣ty reserued to a mans selfe and his heires, to haue againe lands or tenements made ouer conditionally vnto others, vpon the defect or fayling of such condition. The difference be∣tweene a Remainder, and a Reversion is, that a Remainder is generall, and may be to any man but to him that graun∣teth, or conueieth the land, &c. for terme of life onely or o∣therwise: a Reuersion is to him∣selfe from whome the convei∣ance of the land, &c. proceeded, and commonly perpetuall, as to his heires also, Litleton, fol. 112. in fine. See Cooke lib. 2. Sir. Hugh Cholmleis case, fol. 51. a. And yet a Reuersion is sometime confoun∣ded with a remainder. Cooke li. 2. Tookers case, fol. 67. b. Plowden, casu Hille. fol. 170. b. what this word Reuersion in a deede doth carie. See Litleton lib. 2. ca. 12.

Revocation (Revocatio) is the calling backe of a thing gran∣ted. Of these you haue diuers in the Register originall, as Reuo∣vocationem brevis de audiendo & terminando. fol. 124. Revocatio∣nem praesentationis. fol. 304 & 305. Revocationem protectionis, fol. 23. Revocationem specialium Iusticiari∣orum quia, &c. fol. 205.

Reviving, is a word meta∣phorically applied to rents and actions and signifieth a re∣newing of them, after they be extinguished: no lesse then if a man, or other liuing crea∣ture should be dead, and resto∣red to life. See diuers exam∣ples in Brooke titulo. Revivings of rents, actions, &c. fol 223.

Rewardum. See Regard.

Reweye. anno. 43. Elizab. cap. 10.

Rie, is a Saxon word signifiing as much as Regnum, in Latine. Camd. Britan. pag. 346.

Riens passe perle fait, is a forme of an exception taken in some cases to an action. See Brooke titulo Estaunger al fait or Re∣cord.

Riens dans le gard, was a cha∣lenge to a Iurie, or Enquest with∣in

London. for that foure suffici∣ent men of liuelyhood to the yearely value of fortie shillings aboue all charges, within the same City, and dwelling and ha∣uing within the same ward, weare not impanelled therein. But it is abrogated by the sta∣tute. anno 7. H. 7. cap. 4.

Rier countie (Retrocomitatus) seemeth to come of the French (Arriere. i. posterior) and in the statute. anno 2. Ed. 3. cap. 5 is opposite to the open countie And by comparison of that statute with Westm. 2. cap. 38. it appeareth to be some publique place, which the Shyreeue ap∣pointeth for the receipt of the kings money after the ende of his Countie. Fleta saith that it is dies crastinus. post comitatum. lib. 2. cap. 67. §. Quia Iusticiarii.

Right Rectum. See Recto.

Ridings, be the names of the parts or diuisions of Yorke shire, being three in number. viz. West riding, East riding, and North riding. Camd. Britan. pag. 530. This word is mentioned in the statute, anno 22. H. 8. cap. 5. & 23. H. 8. cap. 18. and M. West. parte 2. symbol. titulo Inditements saith, that in Inditements within that Countie, it is requisite that the towne, and the Riding be ex∣pressed. 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) commeth of the French (Rioter. 〈…〉〈…〉rixari.) It signifieth in our common lawe, the forcible doing of an vnlaw∣full act, by three or more per∣sons assembled togither for that purpose. Westm. parte. 2. symbol. ti∣tulo, Inditements. sect. 65. P. The differences and agreements be∣tweene a Riot, a Rout, and vn∣lawfull assembly. See in M. Lamb. Eirenarcha. lib. 2. cap. 5. &c. See the statute. 1. M. 1. cap. 12. & Kitchin. fol. 19. who giueth these examples of Riots: the breach of inclosures, or banks or conduicts, parks, pownds, houses, barnes, the burning of stacks of corne. M. Lamberd vbi supra. vseth these examples: to beate a man, to enter vpon a possession forcibly, See Route. and vnlawfull assembly. See also Cromptons Iustice of peace diuers cases of Riots, &c. fol. 53. See Trihings.

Ripiers (Riparii) be those that vse 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 latine (Ripa).

Rise (oriza) is a kinde of corne growing in Spaine, Asia, and India, with the which both good foodes and medicines be

made. whereof if you desire farder knowledge, reade Gerards herball. lib. 1. cap. 52. This is men∣tioned among merchandize to be garbled in the statute. anno 1. Iaco. cap. 19.

Roag (Rogus) seemeth to come of the French (Rogue. i. ar∣rogans) It signifieth with vs an idle sturdie beggar, that wan∣dring from place to place with∣out pasport, after he hath beene by Iustices bestowed vpon some certaine place of aboade, or offe∣red to be bestowed, is condem∣ned to be so called. who for the first offence, is called a Roag of the first degree, and puni∣shed by whipping, and boring through the grissell of the right eare with a hot yron an inch in compas: & for the secōd offence, is called a Roag of the second degree, and put to death as a fe∣lon, if he be aboue 18. yeares ould. See the statute, anno 14. Elizab. cap. 5. & 18. eiusdem, cap. 3. & anno 36. cap. 17. If you will know who be Rogues, and to be punished as Rogues by lawe, Reade Lamberds Eirenar∣cha. lib. 4. cap. 4. See Rout.

Robberie (Robaria) commeth of the French (Robbe. 1. vestis) and in our common lawe, a fe∣lonious taking away of ano∣ther mans goods from his per∣son or presence, against his will, putting him in feare, and of purpose to steale the same goods. West. parte 2. symbol. ti∣tulo Inditments, sect. 60. This is sometime called violent theft. Idem, eodem. which is felonie for two pence. Kitchin fol. 26. and 22. lib. Assis. 39. Robaria is a word vsed also in other nations, as appeareth by the annotations vpon Mathaeus de Afflictis, descis. 82. nu. 6. pag. 122. See Skene verbo Reif. libro de verbo significat. See Cromp. Iustice of peace. f. 30. b.

Roberdsmen, anno 5. Ed. 3. cap. 14. & anno 7. R. 2. cap. 5. M. Lamb. interpreteth them to be mighty theeues. Eironarch. lib. 2. cap. 6. pag. 190.

Rodknights, aliâs Radknights, are certaine seruitours, which hould their lands by seruing their Lord on horseback. Bra∣cton lib. 2. cap. 36. nu. 6. faith of them, debent equitare cum Domi∣no suo de manerio in manerium. vel cum Domini vxore. Fleta. lib. 3. cap. 14. §. Continetur.

Rodde (Pertica) is otherwise called a pearche, and is a mea∣sure of 16. foote and an halfe long, and in Stafford Shire 20. foote, to measure land with. See ••earch.

Rofe tyle, aliât Creast tyle, is that tyle which is made to lay vp∣on the rudge of the house. anno 17. Ed. 4. cap. 4.

Rogation weeke (dies rogatio∣num) is a time well knowne to

all, being otherwise called Gang weeke. The reason why it is so termed, is because of the espe∣ciall deuotion of prayer and fa∣sting, then inioyned by the Church to all men, for a prepa∣ratiue to the ioyfull remem∣brance of Christs glorious as∣cension, and the descension of the holy Ghost, in the forme of cloven tongues shortly after. And in that respect the solemnizati∣on of carnall matrimony is for∣bidden from the first day of the said weeke, vntill Trinitie Sun∣day. See Aduent.

Roode of land (Roda terrae) is a certaine quantitie of land be∣ing the fourth part of an acre. ann. 5. Eliz. ca. 5. See Perch.

Roll, aliâs Roule (Rotulum) commeth of the French (Rouler. i. volvere, pervolvere, rotare) whence also is the French (Role ou Roule. i. volumen, catalogus, Co∣dex) It signifieth with vs a she∣dule of paper, or parchment turned, or wound vp with the hand to the fashion of a pipe. So is it vsed in Stawnf. plees of the Crowne, fol. 11. The chequer rolle of the kings house, out of the statute anno 3. H. 7. cap. 13. which signifieth nothing but the catalogue, wherein the names of the Kings houshould seruants are set downe. And anno 5. Rich. 2. cap. 14. stat. pri: there is men∣tion made of the great Rolle of the Exchequer which seemeth otherwise to be called the pipe. The Roules is also a place desti∣nated by Ed. 3. to the the kee∣ping of the Rols, or Records of the Chauncery situat betweene the two Temples in London. Camd: Britan: pag. 321. the Ma∣ster whereof is the second man in Chauncery, and in the absence of the Lord Chaunceler, or Kee∣per, sitteth as Iudge, being commonly called the Master of the Rols. See Master of the Rols.

Romescot, is compounded of Rome, and Scot, as you would say, the tribute due to Rome: it is called by Mathaeus Westmo∣nasteriensis, Consuetudo Apostolica, à qua, neque Rex, neque Archiepis∣copus, vel Episcopus, Abbas, vel Prior, aut quilibet in regno immu∣nis erat: and was first graunted by Offa a Saxon King. Camd. Britan. pag. 306. See Peter pence: and Roger Houeden parte poster. suorum annalium. fol. 344. a. in Henrico secundo.

Roundlet, is a certaine mea∣sure of wine, oyle, &c. contai∣ning 18. gallons and a halfe, anno 1. R. 3. cap. 13.

Route (Routa) is a French word signifying a companie, or flocke: as (vne grande route de gents, on de cerfs. i. grex hominum, longa ceruorum series.) It signifi∣eth in our common lawe, an as∣sembly

of three persōs or more, going on about forcibly to cō∣mit an vnlawfull act, but yet doe it not, Westm. parte 2. sym. titulo Indictments. sect. 65. o. M. Lamberd thus saith of it: A Route is the same, which the Germans yet call Rot, meaning a band or great companie of men gathered together, and going about to execute, or ex∣ecuting indeed, any ryot or vn∣lawfull act: and (saith more) it is said properly of the multitude that assembleth themselues in such disorderly sort, for their common quarels. As if the in∣habitants of a towneship doe assemble to pull downe a hedge, or pale, to haue their common, where they ought to haue none, or to beate a man, that hath done them some publike offence or displeasure. But the statute of 18. Ed. 3. stat. prim. cap. vnico. which giueth processe of out∣lawrie against such as bring routes into the presence of the Iustices, or in affray of the peo∣ple, and the Statute of 2. Rich. 2. cap. 6. that speaketh of riding in great routes to make entrie into lands, and to beate others, and to take their wiues, &c. doe seeme to vnderstand it more largely. And it is a route, whe∣ther they put their purpose in execution or no: if so be, that they do goe, ride, or moue for∣ward after their meeting. Broke, titulo Riot. 4. & 5. So (as it see∣meth) a route should be a speci∣all kind of vnlawfull assembly: and a riot the disorderly fact committed generally by any vn∣lawfull assembly. Howsoeuer it be, two things are common both to Riot, Route, and vn∣lawfull assembly: the one, that three persons at the least bee gathered together: for so it is commonly taken at this day, as I haue learned: the other, that they being together, do breed disturbance of the peace, either by signification of speech, shew of armour, turbulent ge∣sture, or actuall and expresse violence: so that either the peaceable sort of men be vn∣quieted, and feared by the fact, or the lighter sort, and busie bodies emboldened by the example. Thus farre M. Lam∣berd in his Eirenarcha. lib. 2. cap. 5. &c. Where you may reade more worth the noting, though too long to be copied out. See Riot, and Vnlawfull as∣sembly. Kitchin giueth the same definition of a Route, fol. 20.

Rowing of clothes anno 27. H. 8. cap. 13.

Royall assent (regius assensus) is that approbation which the King giueth to a thing formerly done by others: as to the electiō of a Bishop by Deane and

Chapter. Which giuen, then he sendeth an especiall writ to some person for the taking of his fealtie. The forme of which writ you may see in Fitz. nat. br. fol. 170. C. And also to a bill passed by both the Houses of Parlament. Cromptons Iuris. fol. 8. which assent being once gi∣uen, the bill is indorsed with these wordes: Le Roy veult, i. it pleaseth the King. If he refuse to agree vnto it, then thus: Le roy aduisera. 1. the King will yet thinke of it. See Parlament.

Royalties (regalia vel regalita∣tes) be the rights of the King. Iu∣ra Regis. Hotoman in verbis feu∣dal: verbo. Regum Feudistae. And so are they vnderstoode of vs likewise, who otherwise call them the Kings prerogatiue. See Prerogatiue. And some of these be such as the King may graunt vnto common persous, some so high, as may not be separated from his owne Crowne priuatiuè as the Ciuilians terme it, though cumulatiuè he may. See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Sa∣muell. cap. 8. but these genera∣lities bee specified more at large by those Lawyers that write of this point. Among whom I especially commend Mathaeum de Afflictis vpon the ti∣tle of the Feuds. Quae sint regalia. being the 33. title of the third booke, as some diuide them, but according to others the 56. of the second booke: where be named in the text 25. specialties of Royalties. See also Hotomans Commentaries in lib. 2. Feudor. cap. 56.

Rouge crosse. See Herald.

Rudge washed Kersey. i. made of fleece wooll washed onely on the sheepes backe. anno 35. Eliz. cap. 10.

S

SAbles. See Furre.

Sac (sacha vel Sacca) is a Royalty or priuiledge touching plee, and correction of trespasses of men within a maner. Rastal, titulo expos: of words: where he addeth this reason: because (saith he) Sac in english is (Encheson) in French: as to say, for sick, sack, pour quel encheson. i. for what hurt. That which our common law∣yers call (encheson) the true French man termeth (Achoise. i. occasionem) as (Achoise fort gran∣de, occasio ampla) or els may en∣cheson come of (Encheoir. i. inci∣dere) which we in english call an accident, or incident. But all this is farre enough from (sac) and from the interpretation thereof, as it is a liberty or priuiledge. Bracton hath the word, as Stawn∣ford not eth out of him, pl. cor: li. pri: cap: 23. but neither of them both doe particularly interpret it. Bractons words be these lib. 3.

tract. 2. cap. 8. vel si sit aliquis qui de concessione Domini Regis talem habeat libertatem (sicut sock & sack, Tolnetum, Team, Infang thefe, & Hutfanghhefe) qui inuētus fue∣rit seisitus de alique latrocmio, sicut Hondhabende & Backberend, tales habent regalē potestatē: & vnde qui tales libertates habēt, habebūt priso∣nam suam de talibus, quia possunt tales in Curia sua iudicare. Of the which mater he speaketh also in lib. 2. cap. 24. nu. 2. & 3. and a∣gaine lib. 3. tracta. 2. cap. 35. But in none of these places he giueth any interpretation of the word. Saxon in his description of England defineth Sack to be a forfeiture, as doth Rastall vbi supra. fol, 132. M. Camden in his Britan: pag. 415. speaking of Lincoln. hath these words: Ed∣uardo Confessore regnante, erant (ex censuali libro loquor) 1070. man∣siones hospitalae, & duodecim Lage∣man habentes socam & sacam. To all these adde Bracton, lib. 2. cap. 5. where he writeth thus. Sunt & aliaeres quasi sacrae, quae personam Regis respiciunt, & aliquando transferri non possunt, nisi Iusticia∣riis Domini Rogis, ficut visus Fran∣ciplegii, placita de vetito nannio, e∣mendatio transgressionis Assisarum, Iudicium latronum, sicut de illis qui habent sock & sack, & huius∣modi omnia, quae pertinent ad pacem, & per consequens ad Coronam. I am informed, that the word (sack) in the Saxon tongue doth pro∣perly signifie so much as (causa) with the Latines: whence wee in English haue the word (sake) as (for whose sake.) M. Skene de verbor. signif. verbo, Sacke, wri∣teth thus. In some old books it is called placitum & emenda de transgressione hominum in Curia nostra. In the lawes of king Ed∣ward set foorth by M. Lamberd, fol. 132. it is written, (Sacha) Sacha autē est, si quilibet aliquē no∣min atim de aliquo calumniatus fu∣erit, & ille negauerit, foris factura probationis vel negationis, (si eue∣nerit) sua erit. Which may be called the amercement payed by him, who denieth that thing, which is proued against him to be true, or affirmeth that thing, the contrarie whereof is true. Thus farre M. Skene. Fleta of this hath these words: Sake signifi∣cat acquietantiam de secta ad Co∣mitatum, & Hundredum. lib. pri. cap. 47. §. Sake. But by all those I find not any reason of the word, that is, why this liberty should be so called, and there∣fore I must leaue it to beter An∣tiquaries or Linguists. see Rog. H. part. poster. suorum annaliū. f. 345.

Saccus cum brochia, seemeth to be a seruice of finding a sacke and a broch to the King by vertue of a tenure, for the vse of his armie. Bract. li. 2. c. 16. n. 6.

Sacke of wooll, (saccus laenae) is

a quantitie of wooll, that contai∣neth 26. stone, and a stone, four∣teene pounds, anno 14. Ed. 3. stat. 1. cap. 21. See Sarplar.

Sacramento recipiendo, quòd vi∣dua Regis se non maritabit sine li∣centia Regis, is a writ or commis∣sion to one for the taking of an oath of the Kings widowe, that she shall not marie with∣out the Kings licence. Register o∣riginal, fol. 298. a.

Safe conduict. See Saulf con∣duict.

Salus, is a coine of gold stamped by king Henry the sixth in Fraunce, which onely come, with another of Blanes of eight pence a peice, was cur∣rent in those places of Fraunce, where King Henry was obeyed. Stowes Annals, pag. 586.

Safe pledge (Salvus plegius) is a suretie giuen for a mans appa∣rence against a day assigned, Bracton lib. 4. cap. 2. nu. 2. where it is also called certus plegi∣us.

Sailing ware. anno prim. R. 3. cap. 8.

Sak. See Sac.

Sakebere, in Britton cap. 15. & 29. seemeth to be he that is robbed, or by theft depriued of his goods: with whome Bracton also agreeth, lib. 3. tracta. 2. cap. 32. nu. 2. iu these words: Furtum vero manifestum est, vbi latro de∣prehensus sit feisitus de aliquo la∣trocini o. sc. Hondhabende, & Back∣berend, & insecutus fuerit per ali∣quem, cuius res illa fuerit. qui dici∣tur Sacaburthe, &c. or Sathaber, as Stawnford calleth it, pl. cor. lib. pri. cap. 21. The interpretation of this word I find not. Onely M. Skene de verb. interpretatione. verbo. (Sacreborgh) thinketh it should rather be written. Sicker∣borgh, of (Sicker. i. Securus) and (Borgh. i. plegius) signifiing a sure cautioner or suretie which one findeth to another for theft, or slaughter: whereof he offereth to accuse him iudicially. For in this case it behoueth the per∣siewer to oblige, or binde him∣selfe into the hands of the offi∣cer, or before a Iudge compe∣tent with Sicker borgh, or sure caution, that he will persiew in forme of lawe. And by this meanes it may be, that the ac∣cuser was wont with vs to be called Sakbere of a circumstance, because in this case he was sure∣ly bound to persiew. Sycker is also an old english word, signifi∣ing as much as sure, secure, or certaine, and see Borowe.

Salet, is a headpeece. anno 4. & 5. Phil & Mar. it seemeth to come from the French (Sa∣lut. i. Salus).

Salmon sewse, seemeth to be the young fry of Salmon, quasi sal∣mon issue. anno 13. R. 3. stat. pri. cap. 19.

Salva Gardia, is a securitie giuen by the King to a straun∣ger, fearing the violence of some of his subiects, for seeking his right by course of lawe: the forme whereof see in the Register originall. fol. 26. a. b.

Sanctuarie (Sanctuarium) is a place priviledged by the prince, for the safegard of mens liues, that are offenders, being foun∣ded vpon the lawe of mercie, and vpon the great reuerence, honour, and deuotion, which the Prince beareth to the place, whereunto he graunteth such a priuiledge. Of this you may read a sufficient treatis in Stawnf. pl. cor. lib. 2. cap. 38. This see∣meth to haue taken beginning from the Cities of refuge, which Moyses appointed them to flie vnto for safegard of their liues, that had by casualty slaine a man. Exodus, cap. 21. In bastard∣ly imitation whereof, first the A∣thenians, then Romulus erected such a place of immunity, which they, & he after them called A∣yslum. Polidor: Virg: de inuentione rerum, lib. 3. cap. 12. The Empe∣rours of Rome made the places of their owne statues or Ima∣ges, a place of refuge, as appea∣reth. Cod. lib. 1. titulo 15. De iis qui ad statuas confugiunt: as also the Churches: eodem, titulo 12. De iis qui ad ecclesias confugiunt, &c. But among all other nations, our auncient Kings of England seeme to haue attributed most to these Sanctuaries, permitting them to shelter such, as had committed both felonies, and treasons, so that within fourty daies they acknowledged their fault, and so submitted them∣selues to banishment: during which time, if any man expelled them, if he were laye, he was ex∣communicated, if a Clerk, he was made irregular. But after fourty daies noe man might re∣leeue them. Stawnf. vbi supra. See of this the new booke of En∣tries: verb Sanctuary: and Fleta: lib. 1. cap. 29. And how by de∣grees they haue beene taken a∣way, you may read partly in him, and partly in the statutes. a. 26. H. 8. ca. 13. & anno 28. eius∣dem, ca. 7. & anno 32. eiusd. ca. 12. & anno 33. eiusdem, cap. 15. & anno pri: Ed. 6. cap. 12. & ann. 2. eiusdem, cap. 2. & cap. 33. & anno 5. eiusdem, cap. 10. See Ab∣iuration.

Salarie (salarium) is a recom∣pence or consideration made to any man for his paines or indu∣stry bestowed vpon another mans busines. So called, as Pliny saith, qui tam necessarium quam sal homini. The word you haue anno. 23. Ed. 3. ca pri.

Salmon pipe, anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish.

Sandall, anno 2. Rich. 2. cap. 1. is a merchandize brought into England. And it seemeth to be a kinde of wood brought out of India. For (Sandal) in French so signifieth, and in latine it is cal∣led Santalum.

Sarcling time, or time of sar∣cling. Seemeth to be all one with hey seele. Or the time when the country man weedeth his corne. And it proceedeth from the la∣tine sarculare, to rake or weed. Or from the French (Sarcler) which hath all one significa∣tion.

Sarpler (Sarplera lanae) is a quantitie of woll. This in Scot∣land is called Serplathe, and con∣teineth fourescore stone, for the Lords in the counsell in an∣no 1527. decreed foure serpli∣athes of packed wolle to con∣taine 16. score stone of woll, by the trafique of Merchants now vsed. The Merchants vse to fraught for their goods to Flaū∣ders, by the Sack, to Fraunce, Spaine, and England, by the Tunne, and to Dansken and the Easter seas, by the Serpliāthe. Skene de verbo. significatione, verbo. Serpliathe. with vs in England a loade of wolle (as I haue beene informed) consisteth of 80. todde, each todde consisting of two stone, and each stone of 14. pound. And that a Sack of wolle is in common accoumpt equall with a load: and a Sarpler (otherwise called a pocket) is halfe a Sack. Further that a packe of wolle is a horse loade, which consisteth of 17. stone. two pounds. Fleta lib. 2. cap. 12. saith that all our English mea∣sures are compounded of the peny sterling, which weigheth 32. wheate cornes of the mid∣dle sort. and that 2. of those pence make an ounce, and 12. ounces a pound in weight, or 20. shillings in number, and that 8. pound of wheat maketh a ia∣lon or a galon as we now call it, and eight galons a bushell, and 8. bushels a com∣mon quarter. Also that 15. ounces of the quantitie afore∣said doe make a merchants pounde. And that 12. such pound and a halfe, make a stone, and that 14. stone make a waigh, and that two waighes or 28. stone, make a sack of wolle, which ought to waigh a quarter of wheate, and that 12. sacks make a last. So that a waigh, and a sarpler seemeth to be all one, but that the sarpler is the case, and the weigh respecteth the quantitie of the wolle it selfe: And that a loade and a sacke is all one.

Saunkfin, is a pharse vsed by Britton. cap. 119. for the deter∣mination, or finall end, of the lineall race, or discent of a kin∣dred.

It seemeth to come from the French (Sang. i. sanguis) and Fine. i. finitus.)

Sauer de default, is word for word, to excuse a default. This is properly, when a man hauing made default in court, com∣meth afterward and alleadgeth good cause, why he did it, as im∣prisonment at the same time, or such like. Newe booke of En∣tries. verbo. Sauer de default.

Saulfe conduict (Salvus condu∣ctus) is a security giuen by the Prince, vnder the broad seale to a straunger, for his quiet com∣ming in and passing out of the Realme, touching which you may see the statuts. anno 15. H. 6. cap. 3. & anno 18. eiusdem. ca. 18. & anno 28. H. 8. cap. pri. The forme of this see in the Regi∣ster originall, fol. 25.

Stawnford, was a man very learned in the common lawes of the land, wherein he wrote 2. bookes one termed the plees of the Crowne, the other the Princes prerogatiue. He flori∣shed in the daies of Ed. the sixth, and of Queene Mary, being in Queene Maries daies a Iudge, and knighted.

Scandalum Magnatum, is the especiall name of a wrong done to any high personage of the land, as Prelates, Dukes, Earles, Barons, and other Nobles: and also of the Chanceler, treasurer, clerk of the priuy seale, stew∣ard of the kings house, Iustice, of the one bench or of the other, & other great officers of the realm, by false news: or horrible & false messages, whereby debates and discords betwixt them and the commons, or any scandall to their persons might arise. anno 2. R. 2. cap. 5.

Scauage, otherwise called Shewage is a kind of tolle, or custome exacted by Maiors, Shyreeue, and Baylifs of Cities and Borough townes, of Mer∣chants for wares shewed to be soulde within their precincts, which is forbidden by the sta∣tute. anno 19. H. 7. cap. 8. It com∣meth of the Saxon word (Sceawe) to behold or view, or to shewe. whence is the word (Sceaw-stowe) a theater or shew place, a beholding place. M. Verstegan in his restitution of decayed intelligences. litera S.

Scire facias, is a writ Iudiciall, most commonly to call a man to shew cause vnto the Court, whence it is sent, why exe∣cution of a Iudgement passed, should not be made. This writ is not graunted before a yeare and a day be passed after the Iudgement giuen, ould nat. br. fol. 151. Scire facias vpon a fine, lieth after a yeare and a day from the fine levied. Otherwise it is all one with the writ ha∣babere

facias seisinam. West. part. 2. simb. titulo fines, sect. 137. See an. 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ, which reade. See also the newe booke of Entries. verb. Scire facias.

Scyra. Camd. Britan. pag. 103. & 544. See Shyre.

Scot, seemeth to come of the French (eseot. i. symbolum) Rastall saith it is a certaine custome, or common tallage made to the vse of the Shyreeue, or his Baylifes. Saxon in his description of England. cap. 11. saith thus: Scot a gadering to worke of Bailes: what he meaneth God knoweth I thinke the place is corruptly printed. Scot (saith M. Camden out of Mathewe of Westm:) illud dicitur, quod ex di∣uersisrebus in vnum aceruum ag∣gregatur. In the lawes of William the Conquerour, set forth by M. Lamberd: fol. 125. you haue these words, Et omnis Franci∣gena, qui tempore Edwardi propin∣qui nostri fuit in Anglia, particeps consuetudinum Anglorum, quod di∣cunt ane hlote, & aue scote persol∣••antur secundum legem Anglorum.

Scot and Lot. anno 33. H. 8. ca. 19. signifieth a custumary con∣tribution laid vpon all subiects after their hability. Roger Houe∣den writeth it Aulote & Ausco∣te, in principio Henrici secundi.

Scotall (Scotalla) is a word v∣sed in the Charter of the Forest. ca. 7. in these words, as Pupilla oculi hath them, parte 5. cap. 22. Nullus Forestarius vel Bedellus, faciat Scotallas, vel garbas colligat, vel aliquam collectam faciat. &c. M. Manwood parte pri. of his Fo∣rest lawes. pag. 216. thus defineth it. A Scotall is where any offi∣cer of the Forest doth keepe an alehouse within the Forest, by colour of his office, causing men to come to his house, and there to spend their mony, for seare of hauing displeasure. It seemeth to be compounded of Scot and Ale.

Scutagio habendo, is a writ that lieth for the King or other Lord against the Tenent, that houldeth by knights seruice, (wherein homage, fealtie, and escuage be conteined) being to make a viage to warre against the Scots, or French men. For in those cases, this writ issueth out to all such tenents to serue by themselues, or a sufficient man in their place, or else to pay, &c. See Fitzh. nat. br. fol. 83. It is vsed in the Register origi∣nall, for him to recouer escu∣age of others, that hath either by seruice or fine performed his owne to the King. fo. 88. a.

Sealer (Sigillator) is an officer in Chauncerie, whose dutie is to

seale the writs and instruments there made.

Seane fish, anno 1. Iacob. ses. 1. cap. 25. Sea ne fish, ibidem, seemeth to be that fish which is taken with a very great and long net called a seane.

Second deliuerance (Secunda de∣liberatione) is a writ that lyeth for him who after a returne of catel repleuied adiudged to him that distreined them, by reason of a default in the party that replevied, for the repleuying of the same catell againe, vpon securitie put in for the redeliuerie of them, if in case the distresse be iustified. New booke of Entries. verbo, Replevin in second deliuerance. fol. 522. col. 2. v. Dyer fol. 41. n. 4. 5.

Secta ad Curiam, is a writ that lyeth against him, who refu∣seth to performe his suite either to the Countie, or Court Baron. Fitz. nat. br. fol. 158.

Secta facienda per illum qui ha∣bet eniciam partem, is a writ to compell the heire that hath the elders part of the cobeires, to performe seruice for all the co∣parceners, Regist. origin. f. 177. a.

Secta molendini, is a writ ly∣ing against him, that hath vsed to grind at the mille of B. and after goeth to another mille with his corne. Register origin. fol. 153. Fitz. nat. br. fol. 122. But it seemeth by him, that this writ lyeth especially for the Lord a∣gainst his franke Tenents, who hold of him by making suite to his mill, eodem. See the new book of Entries. verbo Secta ad molen∣dinum. By likelihood this ser∣uice is also in Fraūce. For Baldui∣nui ad titulum de servitutibus pra∣diorum, in Institut. hath these words: Bannalis mola nova & barbarae seruitutis species est, qua hodie passim rustici coguntur vna mola, quam bannalem vocamus, v∣noque furno vti ad quaestum Domi∣ni, qui fortasse praeest iurisdictioni e∣ius pagi.

Sectam proferre, est testimonium leg alium hominum qui contractui inter eos habito interfuerint praesen∣tes producere. Fleta lib. 2. cap. 63. §. Nullus. And secta is vsed for a witnes. Idem, lib. 4. cap. 16. §. fi∣nal. Habes tamen sectam vnam vel plures, &c.

Secta ad Iusticiam faciendam, is a seruice due for ••a mans see to be performed, ••eing by his see bound thereunto. Bra∣cton. lib. 2. cap. 16. num. 6.

Secta vnica tanium facienda pro pluribus haereditatibus, is a writ that lyeth for that heyre that is distreined by the Lord to more suites then one, in respect of the land of diuers heires des∣cended vnto him. Register orig. fol. 177. a.

Sectis non faciendis, is a writ, that lyeth for one in wardship

to be deliuered of all suites of Court during his wardship, Re∣gister origin. fol. 173. b. See other vse of ••••is writ, eodem, fol. 174. touching women that for their dower ought not to performe suite of Court.

Seounda superoneratione pastura, is a writ that lyeth, where mea∣surement of pasture hath bene made, and he that first surchar∣ged the common, doth againe surcharge it, the measurement notwithstanding. Register origin. fol. 157. oldnat. br. fol. 73.

Secundarie, (secundarius) is the name of an Officer next vn∣to the chiefe Officer: as the Secundarie of the fine Office: the Secundarie of the Coun∣ter: which is (as I take it) next to the Shyreeue in London in ech of the two Counters. Secunda∣rie of the office of the priuie seale. anno 1. Ed. 4. cap. 1. Se∣cundaries of the Pipe two: Se∣cundarie to the Remembran∣cers, two, which be Officers in the Exchequer. Camden. pag. 113.

Securitatem inueniendi, quòd se non diuertat ad partes exteras fine licentia Regis, is a writ that lyeth for the King against any of his subiects, to stay them from going out of his kingdome. The ground whereof is this, that euery man is bound to serue and defend the Commonwealth, as the King shall thinke meet. Fitz. nat. br. fol. 85.

Securitate pacis, is a writ that lyeth for one, who is threa∣tened death or daunger, against him that threateneth, taken out of the Chauncerie to the Shy∣reeue: whereof the forme and farder vse you may see in the Re∣gister origin. fol. 88. b. and Fitzh. nat. br. fol. 79.

Se defendendo, is a plee for him that is charged with the death of another, saying that he was driuen vnto that which he did, in his owne defence, the other so assaulting him, that if he had not done as he did, he must haue beene in perill of his owne life. Which daunger ought to be so great, as that it appeare incuita∣ble. As Stawnford saith in his plees of the Crowne. li. 1. ca. 7. And if he doe iustifie it to be done in his owne defence, yet is he driuen to procure his pardon of course from the Lord Chan∣celer, and forfeiteth his goods to the King. As the said authour saith in the same place.

Seignior (Dominus) is borow∣ed of the French (seigneur) It sig∣nifieth in the generall significati∣on, as much as Lord: but parti∣cularly it is vsed for the Lord of the see, or of a maner, euen as (Dominus) or (senior) among the Feudists, is he, who graunteth a a fee or benefite out of his land

to another. And the reason is, (as Hotoman saith) because hauing graunted the vse and profite of the land to another: yet the pro∣pertie. i. (Dominium) he still re∣teineth in himselfe. See Hotoman in verbis feudal. verbo Dominus, & Senior. Seignior in grosse, see∣meth to be he that is Lord, but of no maner, and therefore can keepe no court. Fitz. nat. br. fol. 3. b. See Seignorie.

Seignourage. anno 9. H. 5. stat. 2. cap. 1. seemeth to be a regali∣tie or prerogatiue of the king, whereby he challengeth allow∣ance of gold and siluer brought in the masse to his Exchange, for coyne.

Seignorie (Dominium) is bo∣rowed of the French (seigneury. i. ditio, dominatus, imperium, princi∣patus, potentatus.) It signifieth pe∣culiarly with vs, a Maner, or Lordship. Seignorie de soke mans. Kitchin fol. 80. Seignorie in grosse, seemeth to be the title of him that is not Lord by meanes of any maner, but immediatly in his owne per∣son: as Tenure in capite, whereby one holdeth of the King, as of his Crowne, is seignorie in grosse: because it is held of the king for the time being, and not of the King, as of any honour, maner, &c. Kitchin, fol. 206. See Seig∣nior.

Seisin (seisina) is borowed of the French (seisine. i. possessio,) and so it signifieth in our common lawe: and to seise, is to take pos∣session. Primier seisin (prima seisi∣na) is the first possession. See Pri∣mier seisin, of the French word (seisir) is made a Latine (seisire,) vsed by the Canonists. cap. Cle∣ricis. § Nos igitur non semel de im∣munitate Ecclesiae, num. 6. as also the Ciuilians. Guido. Pap. singula. 865. Seisire est etiam possessionem tradere. Tiraquellus in Tractatu. Le mort saisit le vif. pag. 53. num. 3. Seisin with our common Law∣yers, is two fold: seisin in fact, and seisin in lawe. Perkins Dower. 369. 370. Seisin in fact is, when a corporall possession is taken: sei∣sin in lawe, is when something is done, which the lawe accom∣pteth a seisin, as an Inrolment. Seisin in lawe, is as much as a right to lands and tenements, though the owner be by wrong disseised of them. Perkins Tenent per le courtesie. 457. 478. And it seemeth by Ingham, that he who hath had an houres possession quietly taken, hath seisin de droit, & de claime, whereof no man may disscise him by his owne force or subtiltie, but must bee driuen to his action. §. Bref deno∣vel disseisin. Sir Edward Cooke lib. 4. calleth it seisin in lawe, or seisin actuall. fol. 9. a. The Ciuilians call the one ciuilem possessionem, the other naturalem.

Seisiua habenda quia Rex habu∣it annum, diem, & vastum, is a writ that lyeth for the deliuery of seisin to the Lord, of his land, or tenements, that formerly was conuicted of felony, after the King in the right of his preroga∣tiue hath had the yeare, day, and wast. Rog. orig. fol. 165. a.

Selion (selio) is borowed of the French (sellon. i. terra elata inter duos sulcos) in Latine (Porca) in english a Ridge, or land. It signifieth euen so with vs also: and is of no certaine quantity, but some time conteineth an a∣cre, sometime halfe an acre, sometime more, and sometime lesse. West. parte 2. symbol: titulo. Recouery: sect: 3. Therefore Crompton in his Iurisdictions: fol: 221. saith, that a selion of land cannot be in demaund, because it is a thing vncertaine.

Seneshall (senescallus) is a French word, but borowed from Germany, being (as Tilius saith) compounded of Schal. i. servus, aut officialis, and (Gesnid. 1. familia) we english it a Ste∣ward. As the high Seneshall, or Steward of England: pl. cor: fol. 152. High Seneshall or Steward, and South seneshall, or vnderste∣ward. Kitchin fol. 83: is vnder∣stood for a steward, or vnderste∣ward of Courts. Seneshal de l'ho∣stel de Roy, Steward of the Kings houshold. Cromptons Iurisdictions. fol. 102.

Senescallo & Mareshallo quod non teneant placita de libero te∣nemento, &c. is a writ directed to the Steward or Marshall of En∣gland, inhibiting them to take cognisance of any action in their court, that concerneth ei∣ther Freehold, dept, or coue∣nant. Register orig. fol. 185. a. 191. b.

Senie, aliâs, Sene, (sena) is a leafe of a medicinable herbe, that bringeth foorth stalkes of a cubite high, purging phlegma∣ticke, cholericke, and also me∣lancholicke humors, without great violence. The farder vse whereof you may reade in Ger∣rards Herbal. lib. 3. cap. 8. This is mentioned among other drugs and spices to be garbled. anno 1. Iacob. cap. 19.

Septuagesima is a sunday cer∣taine, and alwayes the third sab∣bath before Shrouesunday, from the which vntill the Octaues af∣ter Easter, the solemnizing of mariage is by the Canon lawes forbidden. The reason whereof is giuen, for that all this time vntill Easter, is a time of mour∣ning for the fall of Adam, and for the miserie of man thereof insuing. And Easter with the O∣ctaues thereof is a time of Christs glorification, and so of ours also in him, for his, and by him our conquest ouer death and sinne.

And that therefore all carnall affection ought, during that space, to be wholy mortified in vs See Quinquagesima, see Ad∣uent, see Rogation weeke.

Sequatur sub suo periculo, is a writ, that lyeth, where a sum∣mons ad warrantizandum is a∣warded, and the Shyreeue re∣turneth, that he hath nothing, whereby he may be summoned. For then 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 con∣trouersie from the possession of both those that contend for it. And it is double: voluntarie, or necessarie Voluntarie, is that which is vsed by the consent of each partie. Necessarie is that, which the Iudge of his autho∣ritie doth, whether the parties will or not. It is vsed also for the act of the ordinarie disposing of office, the goods and chatels of one deceased, whose estate no man will meddle with. Dyer. fol. 232. num. 5. & fol. 256. num. 8. & fol. 160. nu. 42. & fol. 271. num. 26. As also in the gathering of the fruites of a Benefice voide, to the vse of the next incumbēt. anno 28. H. 8. cap. 11. Fortescue cap. 50. and in diuers other cases.

Sequestro habendo, is a writ iu∣diciall for the dissoluing of a se∣questration made by the Bishop, at the Kings commaundement, of the fruites of a benefice, there∣by to compell the Parson to ap∣peare at the suite of another: for the Parson vpon his apparence may haue this writ, for the re∣lease of the sequestration. egist. Iudicial. fol. 36. a.

Sergeant (seruiens) commeth of the French (sergeant. i. satel∣les, accensus) a man of the Guard, a kind of souldier, so called, be∣cause he was saepè aecitus ad res necessarias in exercitu peragendas. Calepin. M. Skene de ver. sign. verb. Seriant, hath these words: Ser∣geant commeth from Sergent: quae est vox composita de (Serrer) quod est, includere, & gent, quod pro gente, populo vel plebe vsurpa∣tur. Itaque Seriandus dicitur, qui iussu magistratus, quemlibet de po∣pulo reum crimin is in carcerem con∣iicit, seu includit. This word Ser∣geant is diuersly vsed in our law, and applyed to sundrie offices and callings. First, a Sergeant at lawe, (or of the coyfe) is the highest degree taken in that pro∣fession, as a Doctor is in the ciuill lawe. And to these, as men best learned, and best experienced of all others, is there one court se∣uered, to plead in by themselues: (and that is the Court of com∣mon-plees) where the common

lawe of England is most strictly obserued. These are made by the Kings mandat, or writ, dire∣cted vnto them, commaunding them vpon a great penaltie, to take vpon them that degree by a day certaine therein assigned. Dyer fol. 72. num. 1. see Counte. And of these one is the Kings Sergeant, being commonly cho∣sen by the King out of the rest, in respect of his great learning, to pleade for him in all his causes: as namely, in causes of treason. pl. cor. lib. 3. cap. prim. And of these there may be more if it so please the King. This is called in other Kingdomes, Ad∣uocatus Regius. Cassan. de consuet. Burgund. pag. 850. With what solemnitie these Sergeants be created, reade Fortescue, cap. 50. This word Sergeant seemeth to be vsed in Brition for an Officer belonging to the Countie: who, in his first chapter speaking of Appeales made before the Co∣rones, hath these words in effect: And then let the Coroner cause his appeale to be entred, and the names of his sureties. And after∣ward let commaundement be giuen to the Sergeant of the countrie, where the felonie was committed, that he haue the bodie of the persons appealed at the next Countie. And it is probable, that this officer was all one with him, whom Bra∣cton in his fifth booke cap. 4. num. 2. calleth Seruientem Hun∣dredi. of whome he hath these words: Post probationem defaltae, faciet seruiens Hundreds inconti∣nenti summonitionem, vel affidet partibus diem, si praesentes sint, ad proximum Comitatum, &c. This is like to be the same Officer, which in auncient time was called the Bayliffe of the Hundred, who (as is declared in Baylife) had the like authoritie in his Hundred, that the shyreeue had in the Countie, though inferiour to him, and to be controlled by him, as appeareth by diuers aun∣cient presidents set downe by Kitchin in his tractat of Returns in Court Hundred, Court Baron, &c. I read also in Bracton lib. 3. tractat: 2. ca. 28. Of the Kings Sergeant, who is like to be also an officer in the County, in these words: speaking of a woman ra∣nished, and what shee ought to doe for the persuite of the Ra∣uisher & sic ire debet ad praepositum Hundredi, & ad seruientem Domini Regis, & ad coronatores, & ad vice-comitē, & ad primū comitatū faciat appellū suum. And againe eod. li: c: 32. in these words: & si sine secta cognouerit se inde esse latronem co∣ram vicecomite, vel coronatore, vel seruiente Domini Regis, &c. And againe lib. 5. tractat: 3. cap. 4. nu. 8. in these words. Quid si seruiens Domini Rogis dederit partibus diem

ad Comitatum, &c. And by Fleta it seemeth, that this terme was generall to the Shyreeue, Coro∣ner, and Bayliffes of Counties, who in his sixth booke. cap: 3. §. 1. hath these worde: Cum quis i∣gitur senserit dominum suum vel cu∣riam suam sibi de recto defecisse, tunc ostenso hoc vicecomiti, statim praeci∣piat balliuo Hundredi, vel itineran∣ti, vel alteri seruienti Regis, quòd assumptis sibi liberis, & legalibus hominibus de vicineto illo, ad curi∣am illius domini, si quem habuerit accedat, &c. And to helpe this probability, I finde that the ste∣ward of a maner is termed serui∣ens manerii. Coke Vol: 4. Copyhould cases. fo. 21. a. Then is there a Sergeant at armes (seruiens ad arma) whose office is to attend the person of the King, anno 7. H. 7. ca. 3. to arrest traitours, or men of worth or reckoning, that doe, or are like to contemne messengers of ordinary conditi∣on for other causes, and to at∣tend the Lord high Steward of England sitting in Iudgement vpon any Traytour, and such like: pl: cor. lib. 3. cap. pri: Of these by the statute anno 13. R. 2. cap. 6. there may not be aboue thirtie in the Realme. This sort is called del espee. In the custumary of Nor. ca. 5. which read. There be also some two of these Serge∣ants of the Parlament, one for the vpper, another for the lower house, whose office seemeth to serue for the keeping of the doores, and the execution of such commaundements, especially touching the apprehension of a∣ny offender, as either house shall thinke good to inioyne them. See Cromptons Iurisdictions, fol. nono. See also Vowels, aliâs Hookers booke of the order of the Parl. There is one of these that belongeth to the Chaunce∣ry, who is also called a Sergeant of the Mace, as the rest may be, because they cary Maces by there office. He of the Chaunce∣ry attendeth the Lord Chaunce∣ler, or Keeper in that court, for the meanes to call all men into that court, is either by this officer or by sub poena. West. pa. 2. sym. tit. Chauncery Sect. 17. Then be there sergeants that be the chiefe offi∣cers in their seuerall functions within the kings houshould, which be chiefe in their pla∣ces, of which sort you may read many named in the statute anno 33. H. 8. ca. 12. There is also a more base kinde of serge∣ant of the Mace, whereof there is a troupe in the City of Lon∣don, and other townes corpo∣rate, that serue the Maior or o∣ther head officer, both for mes∣niall attendance, and mater of Iustice. Kitchin fol. 143. And these are called Seruientes ad cla∣uā. New book of Entries. ver. scire

facias: in Mainperners. f. 538. c. 3.

Sergeantie) Seriantia) com∣meth of the French (Sergeant. i. satelles) & fignifieth in our cō∣mō law, a seruice due to the King frō his tenēt holding by such ser∣uice. For this seruice cannot be due to any L. from his Tenēt, but to the King onely. And this is either grand, or petit, as you shall find at large set downe in Chivalrie. Of this also you may read Bra l. 2. c. 16. &c. 37. n. 5. 4. & Brit.. c. 66. n. 1. & 2. See Ser∣uice. M. Skene de ver. signifi. calleth this Sergeanterie, defining and diuiding it as we doe in England.

Servientibus, are certaine writs touching seruants, and their Masters violating the statutes made against their abuses. which see in the Regist. orig. fol. 189. & 190. & 191.

Service (seruitium) though it haue a generall signification of dutie toward them vnto whome we owe the performance of any corporall labour, or function: yet more especially in our common lawe, it is vsed for that seruice, which the tenent by reason of his see, oweth vn∣to his Lord. And so doth it sig∣nifie among the Feudists also For Hotoman thus defineth it. Seruitium est munus obsequii clien∣telaris. verbo Servitium. De ver∣bis feudal. or rather declareth it so to be defined. lib. feud. 2. titulo 51. §. 8. It is sometime called seruage, as anno. i. R. 2. cap. 6. This seruice is either militarie, and noble, commonly called Knights seruice: or clownishe & base, commonly called socage. of both which reade Chiualry, as also socage. and Bracton lib. 2. cap. 16. Seruice is divided by Britton into personall, and reall. cap. 66. where he maketh wards, mariags, homage, Releifs, and such like, to be reall seruices: per∣sonall, I imagine, may those be called, that are to be performed by the person of the Tenent, as to follow his Lord into warre, &c. The Ciuilians diuide munera in this sort, either in personalia, or patrimonalia. Then Bracton vbi supra num. 7. distributeth seruitium in intrinsecum, & ex∣trin secum aliás forinsecum. & me∣dium. Seruitium intrinsecū is that, which is due to the capitall Lord of the maner, Forinsecum is that which is due to the King, and not to the capitall Lord, but when he goeth in his owne person to serue: or when he hath satisfied the king for all seruices whatsoeuer. And againe in the same place he saith, it is called Fornisecum, quia fit, & ca∣pitur foris, sive extra seruitium, quod fit Domino capitali. see Fo∣rein seruice. Of this reade him vbi supra, more at large. and Fleta, lib. 2. ca. 14. §. Continetur.

Seruitia quae nec intrinseca nec fo∣rinseca sunt, Bract. handleth in the same chap. n. 8. saying thus: sunt etiam quaedam consuetudines, quae nec dicuntur intrinsecae, nec forinse∣cae: sed sunt quaedam seruitia con∣comitantia, sicut seruitia regalia, & militaria, & etiam homagia: & ideo in chartis non sunt exprimen∣da. Quia si homagium praecesserit, & regale seruitium, sequitur ex∣inde quòd ad capitalem Dominum pertinebit Releuium, & custodia, & maritagium: siue seruitium sit mi∣litare, vel seriantia propter exer∣citum, &c. Here then Reliefe, Ward, and Mariage, be those seruices, which he calleth, nec intrinseca, nec forinseca, sed con∣comitantia. Seruice is also divi∣ded into frank seruice, and base, or villenous seruice: the one Bra∣cton, calleth (liberum seruitium) the other (seruitium villanum) or (villenagium) lib. 2. cap. 8. nu. pri. This villenagium is Socage in base tenure, as to dung the Lords ground, to serue him so many daies in haruest, to plash his hedges, &c. or els copy hould. All other seruices seeme to be frank. Seruice consisteth some in seisance, some in render. Perkins Reseruations. 696. Seruice see∣meth also to be diuided into continuall, otherwise annu∣all, and casuall, or accidentall. An example of the former is the sei∣sin of rent, and of the other, sei∣sin of reliefe. Sir Ed. Cookes re∣ports. lib. 4. Bevils case. fol. 9. a. See Copy hould: See Socage. see Ayde.

Seruice secular. anno 1. Ed. 4 ca. 1. which may be contrary to spi∣rituall, viz. the seruice diuine commaunded to spirituall men by their founders.

Servitours of bils, seeme to be such seruāts or messengers of the marishall belonging to the kings bench, as were sent abroad with bils, or writs to summon men to that court, being now more ordinarily called Tip. stafs.

Servitiis acquietandis, is a writ Iudiciall, that lieth for one distreined for seruices by Iohn, which oweth and perfor∣meth to Robert, for the acquitall of such seruices. Register Iudicial, fol. 27. a. & 36. b.

Sessions (Sessiones) signifieth in our common lawe a sitting of Iustices in court vpon their commission: as the sessions of oyer, and terminer. pl. cor. fol. 67. Quarter sessions, otherwise cal∣led generall sessions. anno 5. Elizab. cap. 4. or open sessions. ibidem. Opposite wherevnto are especiall, otherwise called priuie sessions, which are procured vp∣on some speciall occasion, for the more speedie expedition of Iustice in some cause. Cromptons Iustice of peace. fol. 110. what

things be inquirable in gene∣rall sessions see Cromptons Iustice of peace, fol. 109. Petit sessions, or statute sessions, are kept by the high Constable of euery Hun∣dred, for the placing of seruants, anno 5. Eli. cap. quart. in fine.

Sessour. anno 25. Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of wages at this day,

Set clothes, anno. 27. Henric. 8. cap. 13.

Setwell, Valeriana, is a medicinal herb, the nature and diuers kinds whereof you haue in Gerards herball, lib. 2. cap. 424. The roote of this is mentioned among drugs to be garbled, anno. 1. Ia. cap. 19.

Seuerance, is the singling of two or more, that ioyne in one writ, or are ioyned in one writ. For example, if two ioyne in a writ de libertate probanda, and the one afterward be non-suite, here seuerance is permit∣ted; so that, notwithstanding the non-suite of the one, the other may seuerally proceede. Fitzh. nat. br. fol. 78. I. K. Of this see Brooke, titulo severance, & summons. fol. 238. For it is har∣der to knowe in what cases seuerāce is permitted, then what it is. There is also seuerāce of the tenents in an Assise, when as one or two, or more disseisours appeareth vpon the writ, and not the other. New booke of Entries, fo. 81. col. 4. & seuerance in attaints. eod. fol. 95. col. 2. And seuerance in debt. verbo. debt. fol. 220. col. 1. see the saide booke, verbo Seuerance.

Severall taile (tallium separa∣tum) is that whereby land is giuen and entayled seuerally to two. For example, land is giuen to two men, and their wiues, and to the heires of their bodies begotten: the Donees haue ioynt estate for their two liues, and yet they haue seuerall inheritance: because the issue of the one shall haue his moyety, and the issue of the other, the other moyetie, Kitchin ibidem.

Severall tenancie (tenura sepa∣ralis) is a plee, or exception taken to a writ, that is laide a∣gainst two as ioynt, which are seuerall, Brooke titulo, Severall te∣nancie, fol. 237.

Sewantly wouen, an. 35. El. c. 10.

Sewar, hath two significations with vs, one applied to him that issueth or commeth in before the meate of the King, or other great personage, and placeth it vpon the table: the other to such passages, or gutters as carie water into the sea, or riuer, in lawyers Latine called Sewera, an. 6. H. 6. c. 5. which is also vsed in common speach for commi∣ssioners authorised vnder the broad seale to see draines, and

ditches well kept, and maintai∣ned in the marish and fenne countries, for the better con∣ueyance of the water into the sea, and the preseruing of the grasse for feede of catell. stat. anno 6. H. 6. cap. 5. It is proba∣ble to bring this word from the French (issir) or (issue) as if we should call them (Issuers) because they giue issue or passage to the water, &c. And the latine word (suera) sometime vsed in these commissions for these draines, is a competent reason of this coniecture: see Eitzh. nat. br. in oyer and terminer. Yet I finde in an old French booke contei∣ning the officers of the King of Englands court as it was aunci∣ently gouerned, that he whom in court we now call Sewer, was called (Asseour) which may seeme to come from the French (Asseour) wherein his office in setting downe the meat vpon the table is well expressed. And Sewer as it signifieth an officer, is by Fleta latined Assessor: li. 2. ca. 15. All which argueth that the descent of this word is from the French (Asseoir) as signifiing a disposing or placing of any thing, or (as we say in English) an assessing of any person to∣ward the performance of a dutie.

Sexagesima. See Septuagesima.

Shanckes See Furre.

Shares. See Flotzon.

Shewing, is to be quit of at∣tachment in any court, and be∣fore whom soeuer in plaints shewed and not avowed. Newe exposition of law termes. verbo, Shewing. See Scauage.

Shipper. anno 1. Iac. ses. 1. ca. 33. is a Dutch word, signifying the Master of the ship.

Shire, (Comitatus, Shira) is a Saxon word, signifying Satra∣pian, of the verbe (scyran. 1. partiri.) Lamb. in his explicati∣on of Saxon words. verbo Cen∣turia. The word is in vse so rife, that euery child vnder∣standeth it. Who first thus diui∣ded this land into shires, appea∣reth by M. Camdens Britan. pa. 102. in these words. Nee dum tamen florente Heptarchia, An∣glia ita in Comitatus diuisa, (sic enim vulgò vocant) sed postea, cum solus Aluredus rerum potiretur. Vt enim Germani maiores nostri, te∣ste Tacito, iura per pagos vicos{que} reddebant, & centeni ex plebe co∣mites ad rem administrandam ad∣iungebantur: sic ille (vt Ingulfi Croulandensis verbi. vtar) primus Angliam in Comitatus diuisit, quod indigenae rapinas committerent ex∣emplo & colore Danorum. Comi∣tatus porrò in Centurias. i. Hun∣dreds, & Decimas. i. Tythings, distribus fecit: praecepit{que} vt omnis indigena in aliqua esset Centuria, & Decima. Praefectos etiam pre∣uinciarum,

qui antea Vicedomini vocabantur, in duo officia diuisit, viz Iudices, nunc Iusticiarios: & Vice-comites, qui adhuc idem nomen re∣tinent. See the rest.

Shyreeue (Vicecomes) is com∣pounded of these saxon words (Scyre. 〈◊〉〈◊〉 satrapia) and (Reue i. praefectus) and accordingly he is the cheife officer vnder the King of his Shyre, or County. See Ferme in Lacies nobility: pag. 12. M. Camden: pag. 104. Thus de∣scribeth his office: Singulis verò annis, nobilis aliquis ex incolis praefi∣citur, quem vicecomitem, quasi vi∣carium comitis, & nostrâ linguá Shief. i. comitatus praepositum vo∣camus: qui etiam comitatus, vel prouinciae Quaestor rectè dici potest Eius enim est publicas pecunias pro∣uincia suae conquirere, mulctas irro∣gatas, vel pignoribus ablatis collige∣re, & aerario inferre, Indicibus prae∣sto adesse, & eorum mandata exe∣qui, duodecim viros cogere, qui in causis de facto cognoscunt, & ad Iudices referunt (Iudices enim apud nos, iuris solùm, non facti sunt Iudi∣ces) condemnatos ad supplicium du∣cere, & in minoribus litibus cognos∣cere. In matoribus autemius 〈◊〉〈◊〉 Iusticiarii, quos itiner antes ad 〈◊〉〈◊〉∣sas vos ant, qui quotannis bos. Comi∣tatus bis adeunt, vt de causis cog∣noscant, & de incarceratis fen∣tentiam ferant. Henricus secundus hos it inerantes instituit, vel poteùs restituit. Ille (vt inquit Mathaeus Parisiensis) consilio filii sui & Epis∣coporum constituit Iusticiar os per sex paries regni; in qualibet parte tres, qui iurare nt quod cuilibet ius suum conseruarent illaesum. Of the anti∣quitie and authoritie of this of∣ficer, reade Sir Edward Cookes Reports. lib. 4. Mittons case. The maner of appointing these Shy∣reeues in Henry the sixt his dayes, see in Fortescue. cap. 24. fol. 53. b. The name Vicecomes commeth from the Normans, as Shyreeue commeth from the Saxons. For in the fifth Chapter of the Grand Custumarie, you haue (viconte) which the Latine Interpreter turneth (vicecomitem) whose office you shall find in that Chapter to be very like vnto ours. The forme of the Shyreeues oath see in the Regi∣ster origin. fol. 301. b. Of this reade M. Skene de verbor. signif. verbo Shyreeue: where he largely describeth the office of the Shy∣reeue in Scotland, in a discourse woorth the reading.

Shyreeue weke of Winchester and of Essex. anno 21. R. 2. cap. 10. & 11.

Shire Clerke, seemeth to bee the Vnder shyreeue. anno 11. H. 7. cap. 15. It is vsed sometime for a Clerk in the County court, deputie to the Vndershyreeue. See Sir Edward Cookes 4. booke of Reports in Mittons case.

Shire moote, see Turne.

Shorling, and Morling seeme to be words to distinguish fels of sheepe: as if shorling should signifie the fels after the fleeces be shorne off the sheepes backe, and morling the fels fleane off af∣ter they be killed or dye alone. anno 3. Ed. 4. cap. prim. & anno 4. eiusdem, cap. 3. & anno 12. eius. cap. 5. & anno 14. eiusdem, cap. 3.

Shot commeth of the Saxon word, sceate, signifying pecuntam aut vectigal. Lamberds explicatiō of saxon words, verbo Primi∣tiae.

Shrof metall.

Sicut aliâs, is a writ sent out in the second place, whereas the first sped not. Coke libro quart. folio 55. b. It is so called of these words expressed in it. For example. Iacobus dei gratia, &c. vicecomiti Kan: salutem: Praecipt∣mus tibi (sicut aliâs praecepimus) quod non omittas propter aliquam li∣bertatem in Balliua tua, quin eam ingrediaris, & capias. A. B. de C. in comitatu tuo Labourer, &c. as in the first capias. Lamb: in his tra∣ctat of processes in the end of his Eiranarcha.

Sidemen aliâs Quest men, be those that are yearely chosen ac∣cording to the custome of euery parish, to assist the church war∣dens in the inquiry and presen∣ting such offenders to the Ordi∣nary, as are punishable in the Court Cristian.

Significauit, is the writ de ex∣communicato capiendo, which issu∣eth out of the Chauncery vpon a certificate giuen by an Ordina∣ry of a man that standeth obsti∣nately excommunicate by the space of fourty daies, for the laying him vp in prison without bayle, or mainprise, vntill he submit himselfe to the authority of the church. And it is so cal∣led, because of the word (signifi∣cauit) mentioned in the writ (De excōmunicato capiendo) which haue relation to the certificate, sent into the Chauncery by the Ec∣clesiasticall Iudge. There is also another writ in the Register orig. of this name, fo: 7. a. directed to the Iustices of the bench, wil∣ling them to stay any suite de∣pending betweene such and such, by reason of any excom∣munication alledged against the plaintiffer because the sentence of the Ordinarie that did ex∣communicate him, is appealed from, and the appeale yet han∣geth vnderided. Which see: and see Fitz. nut. br. De excommuni∣cato capiendo. fol. 62. N. but espe∣cially 66. A. where you may find writs of this name in other cases.

Sine asseusu capituli, is a writ that lyeth in case where a Deane, Bi∣shop, Prebendarie, Abbot, Prior or Master of Hospitall, alieneth

the land held in the right of his house, without the consent of the Chapter, Couent, or Frater∣nitie. For in this case his suc∣cessor shall haue this writ. Fitzh. nat. br. fol. 195.

Si non omnes, is a writ of as∣sociation, whereby if all in cō∣mission cannot meete at the day assigned, it is permitted, that two or more of them may finish the businesse. See Asso∣ciation. And Fitz. nat. br. fol. 185. & 111. C. and Register origin. fol. 202. 206. & 124.

Si recognoscant, is a writ that lyeth for a Creditour against his depter for money num∣bred, that hath before the shyreeue in the Countie court, acknowledged himselfe to owe vnto his creditor such a summe receiued of him in numeratis pecunits. The forme of the writ is this: Rex Vicecomiti salutem. Praec. tibi quod si A. recognoscat se debere R. 40. solid. fine vlteriori di∣latione, tunc ipsum distringas ad praedictum debitum eidem R. sine di∣latione reddendum. Teste, &c. Old nat. br. fol. 68.

Skawe. anno 4. Ed. 4. cap. 1.

Skyvinage. anno 27. H. 6. cap. 2. a proper name, signifying the precincts of Caleis.

Sluse (exclusa) is a frame to keepe, or let water out of a grounde.

Soc (Soca) is a word signi∣fiing a power, or libertie of Iurisdiction, as appeareth by these words out of Bracton, Sunt quidam Barones, & alii liber∣tatem habentes, sc: soc, & sac, Tol & Thean, Infangthefe, & Vt∣fangthefe, & isti possunt iudicare in Curia sua, eum qui inuentus fue∣rit iufra libertatem suam seisitus de aliquo latrocinio manifesto. & li. 3. tractat. 2. cap. 8. In the lawes of King Edward set out by M. Lamberd, fol. 132. you haue these words: Socha est quod si aliquis quarit aliquid in terra sua, etiam furtum, sua est Iusticia, si inuentum fuerit, an non. Saxon in the description of Britany, cap. 11. saith, that Sock is a suite of Court and that thereof com∣meth Soken. But the significati∣on of the word (as I haue bene credibly informed) is as much as Inquisitio which we in moderne English, terme (seeking) Of this (Sok) Skene de verborum signifie. speaketh to this effect. Sok is an ould word vsed in Charters and feofments, which in sundry old bookes conteining the municipiall law of this Realme, is called Secta de hominibus suis in curia, secundum consuetudinem Regni. So after my opinion he that is infeoffed with Sck. (which now we call Soit (but we in Eng∣land Suite) hath power to hould courts within his owne Baronie, in which, homines sui

should giue Soyt. Thus farre M. Skene. Of this Fleta hath these words. In huiusmodi verò maneriis (speaking of the Kings maners) erant olim liberi homines liberè tenentes, quorum quidam cum per potentiores è tenementis suis eiecti fuerant, & eadem post∣modum in villenagium tenenda re∣sumpserūt: & quia huiusmodi tenen∣tes cultores Regis esse dinoscuntur, eis provisa fuit quies ne sectas face∣rent ad comitatus vel hundredōs, vel ad aliquas inquisitiones, assisas vel iuratas, nisi in manerio tantùm, dum tamen pro terra, quorum con∣gregationem tunc socam appella∣runt. & hinc est quòd Socmanni hodie dicuntur esse. A soco enim de∣riuantur, quorum tonementa sunt villenagium domini privilegiatum, & ideo dicuntur glebae ascriptitii, eo quòd ab huiusmodi glebis amoueri non deberent, quam diu soluerent de∣bitas pensiones: nec compelli poterunt ad buiusmodi tenementa tenenda, contra suas voluntates, eo quòd cor∣pora sua sunt libera. Nec obstabit longa seruitutis possessio ad libertatē extinguendam, quamuis ad mer∣chetum sanguinis sui compulsus fuerit quis pro tenemento reddendo. Nulla enim servitus ratione prae∣scriptionis temporis potest liberum sanguinē in seruitute reducere, non magis quam liberum tenementum potest servum in libertatem, &c. By whose words it appeareth, that Soca is nothing else, but the meeting or assembly of these kinde of tenents in any place within the maner or liber∣tie: wherefore he that hath soc may seeme to haue such a ma∣ner, such tenents, and such a libertie belonging to his maner and tenents, as is here described. Here you see diuersities of opi∣nions touching this word, one saying that it is a power or li∣bertie to seeke after theeues & stollen goods within a maner or fee, and to doe iustice vpon such inquisition. others that it is a libertie onely to haue sui∣ters to his court. other (as Fleta, that it conteineth both the former significations, and furder that it is taken for the company of tenents which liue within such a liberty; and are exem∣pled from those common ser∣uices of the Prince and coun∣try wherunto subiects are or∣dinarily tied. This kinde of li∣berty is in diuers places at this day in England, and com∣monly knowne by the name of soke or soken. See Soke and Sockmans.

Soccage (soccagium) commeth of the French (Soc. i. vomer, a plowshare or coulter). It sig∣nifieth in our common lawe a tenure of lands by or for cer∣taine inferiour, or husbandly seruices to be performed to the Lord of the fee. See Instituts of

common lawe. 31. As I haue shew∣ed in (Chivalrie), all seruices due for land, is either knights seruice, or socage. So then, what∣soeuer is not knights seruice, is soceage: Bracton in his 2. booke cap. 35. num. primo. describeth it thus. Dici poterit soccagium à Soc∣co, & inde tenentes qui tenent in Sockagio, Sockmanni dici poterunt, eo quòd deputati sunt, vt vide∣tur, tantummodo ad cultur am, & quorum custodia, & maritagia ad propinquiores parentes iure san gui∣nis pertinebit. Et si aliquando in∣de de facto capiatur homagium, quòd pluries contingit, non tamen habebit propter hoc Dominus capi∣talis custodiam, & maritagium. Quia non semper sequitur homagi∣um, licet aliquando sequatur. M. Skene de verborum significatione. verb. Sockmanria, saith, that Soc∣kage is a kinde of holding of lands, when a man is infeoffed freely without any seruice, ward, reliefe, or mariage, and paieth to his Lord such dutie, as is called petit serge∣antie, or when one holdeth land in the name of burgage, or in libera elemozina, or otherwise in blenche ferme, siue nomine albae firmae, & opponitur militi, qui tenet per seruitium militare. Out of the place aboue named in Bracton, you may finde a diuision of Soccage, wherby it is termed either Soccagium liberum, or villa∣num. frank or free Soccage, and base, otherwise called villenage. The former is there thus defined. Soccagium liberum est, vbi fit seruitium in denariis Dominis capitalibus, & nihil inde omnino datur ad scutum & seruiti∣um Regis. Where I gather that to be free soccage which paieth a certaine summe of money to the chiefe Lord in regard of some tillage, or such like, and not of any Sergeantie, or eschuage. And to this effect he writeth also, lib. 2. cap. 16. nu. 9. &c. vnde si tantum in denariis & sine scut agio vel seriantiis, vel si ad duo teneatur sub disiunctione, sc: ad certam rem dandam pro omni seruitio, vel aliquam summam in denariis, id tenementum potest dici Soccagium: si autem superaddas Scutagium, aut servitium regale, licet ad vnum obulum vel serian∣tiam, illud poterit dici feudum mi∣litare. This free Soccage, is also called common Socage, anno 37. H. 8. cap. 20. Soccage in base tenure, or villanum Soccagium, is diuided againe in villanum Soccagium, & purum villenagium: Villanum Soccagium est illud, de quo fit certum seruitium, idque ratione sui tenemēti, non personae suae. Purum villenagium est illud, in quo praestatur seruitium incertum, & indeterminatum, vbi sciri non poterit vespere, quale seruitium fieri debet mane. viz. vbi quis facere tenetur

quicquid ei praeceptum fuerit. Bra∣cton lib. 2. cap. 8. num. 3. The old. nat. br. fol. 94. maketh three parts of this diuision. viz. Soc∣cage of free tenure, Soccage of auncient tenure, and soccage of base tenure. soccage of free tenure is (as the booke saith) where a man holdeth by free seruice of 12. pence by yeare, for all maner of seruices, or by other seruices yearely. Soccage of auncient tenure is of land of auncient Demesn, where no writ originall shall be siewed, but the writ of Right, that is called secundum consuetudinem manerii. Soccage of base tenure is of those that hould in Soc∣cage, and may haue none other writ, but the Monstraverunt: and such Sockmen hould not by certaine Seruice. And for that are they not free Sockmen. Then againe Soccage is diuided into soccage in cheife, and common soccage. Soccage in cheife or in capite, is that which holdeth of the King, as of his Crowne. Praerog. fol. 41. Common Soc∣cage is that, which holdeth of any other capitall Lord, or of the King by reason of some honour or maner. Ibidem. Bur∣gage is also a kinde of Soc∣cage, See Burgage.

Sockmans (Sockmanni) are such tenents as hould their lands, and tenements by Soccage tenure. And accordingly as you haue 3. kinds of Soccage, soe be there 3. sorts of sockmans. as sock∣mans of frank tenure. Kitchin, fol. 81. sockmans of anncient De∣mesn. ould nat. br. fol. 11. and Sockmans of base tenure. Kit∣chin vbi supra. But the tenents in auncient Demesn, seeme most properly to be called Sockmans, Fitzh. na. br. f. 14. B. Brit. c. 66. n. 2.

Soke, anno 32. H. 8. cap. 15. & cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium. quam socam appellamus. lib. 1. cap. 47. §. Soke. See Roger Houeden, parte poster. suorum anna∣lium. fol. 345. b. and See Soc.

Soken (Soca) see Soc. and Hamsoken. Soken is latined Soca Register originall, fol. 1. a.

Sokereue seemeth to be the Lords rent. gatherer in the Soke, or Soken, Fleta, lib. 2. cap. 55. in principio.

Sole tenent (Solus tenens) is he or shee which holdeth onely in his or her owne right with∣out any other ioyned. For ex∣ample, if a man and his wife hould land for their liues, the remainder to their son: here the man dying, the Lord shall not haue Heriot, because he dieth not sole tenent. Kitchin, fol. 134.

Solicitour (Solicitator) com∣meth of the French (Soliciteur) It signifieth in our commō law, a man imploied to folow suites depen∣ding

in law, for the beter re∣membrance and more case of Atturnies, who commonly are so full of clients and busines, that they cannot so often at∣tend the seriants and counsel∣lers as the case may require.

Solet & Debet. See Debet & solet.

Solidata terrae. see Farding deale of land

Sollace, anno 43. Elizabeth. cap. 10.

Sommons, aliâs summons (sum∣monitio) commeth of the French (semondre. i. vocare) It signifieth in our common law, as much as (vocatio in ius) or (citatio) among the Ciuilians. And thence is our word (somner) which in French is (semonneur. i. vocator, monitor) The Custumary of Normandie for our (sommons hath (semonse) ca. 61. summons of the Exchequer anno 3. Ed. pri: ca. 19. & anno 10. eiusdem, cap. 9. How sum∣mons is diuided, and what cir∣cumstances it hath to be obser∣ued. See Fleta, lib. 6. cap. 6. 7.

Solutione feodi militis Parla∣menti, and solutione feodi Burgen. Parlamenti, be writs whereby Knights of the Parlament may recouer their allowance, if it be denyed, anno 35. H. 8. ca. 11.

Sontage. Stow. pag. 284. is a taske of fourty shillings laid vp∣on euery Knights fee.

Sorting Kerseies. 3. Iacobi: ca: 16.

Sothale, is a kinde of inter∣tainment made by Bayliffes to those of their Hundreds for their gaine. Which sometime is called Filctale. Of this Bracton lib. 3. tracta: 2. cap. pri. hath these words: De Balliuis, quifaciunt ceruisias suas. quas quando{que} vocant (sothale) quando{que} (Filctale) vt pe∣cunias extorque ant ab eis qui sequn∣tur Hundreda sua, & Baliuas sitas, &c. I thinke this should rather be written Scotale. See Scotale.

Southvicont (Subvicecomes) is the vnder Shyreeue. Cromptone Iurisdict: fol: 5.

Sowne, is a verb neuter, pro∣perly belonging to the Exche∣quer, as a word of their art, signi∣fiing so much, as to be leuiable, or possible to be gathered or collected. For example, estreats that sowne not, are such as the Shyreeue by his industry can∣not get, and estreats that sowne, are such as he can gather, anno 4. H. 5. ca. 2.

Speaker of the Parlament, is an officer in that high Court, that is as it were the common mouth of the rest: and as that honoura∣ble assembly consisteth of two houses, one called the higher or vpper house, consisting of the King, the nobility, and Kings councell, especially appointed for the same, the other termed the lower or commonhouse,

containing the Knights of the Shires, the citizens, barons of the cinque ports, and the burge∣ses of borough townes: so be there also two speakers, one ter∣med the Lord speaker of the higher house, who is most commonly the Lord Chaunce∣ler of England, or Lord Keeper of the great seale: the other is called the speaker of the lower house. And the duties of these two you haue perticularly de∣scribed in M. Vowels, aliâs Hoo∣kers booke, intituled The order and vsage of keeping the Parla∣ment.

Speciall mater in euidence. See Generall issue. And Brooke. titulo Generall issue, and speciall euidence.

Spiritualties of a Bishop (spiritua∣lia Episcopi) be those profits which he receiueth, as he is a Bishop, and not as he is a Baron of the Parlament. Stawnf. pl. cor. fol. 132. The particulars of these may be the duties of his Visi∣tation, his benefite growing from ordering and instituting Priests, prestation money, that subsidium charitatiuum, which vp∣pon reasonable cause he may require of his Clergie. Iohannes Gregorius de Beneficiis. cap. 6. num. 9. and the Benefite of his Iu∣risdiction. Ioachimus Stephanus de Iurisd. lib. 4. cap. 14. num. 14. for these reckoneth exactionem Cathedratici, quartam Decima∣rum, & mortuariorum, & oblatio∣num pensitationem, subsidium chari∣tatiuum, celebrationem synodi, col∣lationem viatici vel commeatus, cùm Episcopus Romam proficiscitur, ius hospitii, Litaniam & Processi∣onem.

Spikenard (spica nardi, vel nar∣dus) is a medicinall herbe, whereof you may for your farder instruction reade Gerards Herball. lib. 2. cap. 425. The fruite or eare of this (for it brin∣geth forth an eare like La∣uender) is a drugge garbleable, anno 1. Iacob. cap. 19.

Spoliation (spoliatio) is a writ, that lyeth for an incumbent, against another incumbent, in case where the right of patro∣nage commeth not in debate. As if a Parson bee made a Bishop, and hath dispensation to keepe his Rectorie, and after∣ward the patron present ano∣ther to the Church, which is instituted and inducted: The Bi∣shop shall haue against this in∣cumbent a writ of spoliation in Court Christian. Fitz. nat. br. fol. 36. see Beneuolence.

Squalley. anno 43. Elizab. cap. 10.

Squyers. See Esquires.

Stablestand, is one of the foure Euidences, or presumptians whereby a man is convinced to intend the stealing of the Kings Deere in the Forest.

Manwood. parte 2 of his Forest lawes. cap. 18. num. 9. the o∣ther three be these Dogdrawe, Backbeare, Bloudie-hand. And this stablestand, is when a man is found at his standing in the Fo∣rest, with a Crosse bowe bent, ready to shoote at any Deere, or with a long bowe, or else standing close by a tree with Greyhounds in a lease, ready to slippe, Idem, eodem.

Stalkers, a kind of net anno 13 R. 2. stat. 1. cap. 20. & anno 17. eiusdem, cap. 9.

Stallage (stallagium) commeth of the French (Estaller. i. mer∣ces exponere, expedire, explicare.) It signifieth in our common law, money payed for pitching of stalles in Faire or Market. See Scavage. This in Scotland is called stallange. Skene de verbor. signif. verbo Stallangiatores. And among the Romaines it was ter∣med (Siliquaticum) à siliqua, primo & minimo omnium pondere apud il∣lam nationem.

Stannaries (stannaria) com∣meth of the Latine (stannum.) i. tynne, signifying the Mines and workes touching the getting, and purifying of this mettall in Cornewall, and other places. Of this read Camden. Britan. pa. 119. The liberties of the stanna∣rie men graunted by Ed. 1. be∣fore they were abridged by the statute, anno 50. Ed. 3. see in Plowden. casu Mines. fol. 327. a. b.

Staple (Stapulum) signifieth this or that towne, or citie, whe∣ther the Merchants of England by common order, or comman∣dement, did carie their wolles, wol-fels, cloathes, lead, and tinne, and such like commo∣dities of our land for the vtte∣rance of them by the great. The word may probably be inter∣preted two wayes: one taking it from (staple) which in the Saxon or old English language, signifieth the stay or hold of any thing. Lamb. in his duties of Constables. num. 4. because the place is certaine, and setled: and againe, from the French (estape. i. forum vinarium) because to those places, whether our En∣glish Merchants brought their commodities, the French would also meete them with theirs, which most of all consisteth in wines: but I thinke this latter the truer because I finde in the Mirrour of the world written in French these words. A Calais. 〈◊〉〈◊〉 auoit Estape de le laine, &c. Which is as much to say, as the staple for wols, &c. You may read of many places appointed for this staple in the statutes of the land, according as the Prince by his Councell thought good to alter them, from the second yeare of Ed: 3. cap. 9. to the fifth of Edw:

the sixth. cap: 7. what officers the staples had belonging to them you may see anno 27. Ed. 3. stat. 2. ca. 21.

Starre chamber (Camera stella∣ta) is a Chamber at Westminster so called (as Sir Tho. Smith con∣iectureth lib. 2. cap. 4.) either because it is full of windowes, or because at the first all the roofe thereof was decked with Ima∣ges of guilded starres. And the later reason I take to be the trew∣er, because anno 25. H. 8. ca. 1. It is written the Sterred Cham∣ber. In this Chamber euery weeke twice during the terme, and the very next day after terme, is there a Court held by the Lord Chaunceler or Keeper, and other honourable persona∣ges of the Realme. This Court seemeth to haue taken begin∣ning from the statute anno 3. H: 7. ca. pri. Whereby it is ordain∣ed, that the Lord Chaunceler and Treasurer of England for the time being, and the Keeper of the Kings priuy seale, or two of them, calling to them a Bishop, and a temporall Lord of the Kings most honourable Coun∣cell, and the two cheife Iustices of the Kings Bench, and com∣mon place, for the time being, or other two Iustices in their ab∣sence, should haue power to call before them, and punish such misdoers, as there be mentio∣ned. The faults that they punish, be Routes, Riots, Forgeries, Main∣tenances, Embraceries, Periurics, and such other Misdemeanures as are not sufficiently prouided for by the common law. It appea∣reth both by Sir. Tho: Smith lib. 2. de Rep: Anglo: cap. 4. and by experience also, that at this day, the whole number of the Prin∣ces most honourable priuy Councell, and such other Barons spirituall, or temporall as be cal∣led thither by the Prince, haue place in this Court with those aboue named. Of this Court thus speaketh M. Gwin in the preface to his readings: It ap∣peareth in our bookes of the termes of K. Edward 4. And of the report of cases hapning vn∣der the vsurpation of Richard the third that sometime the King and his Councell, and sometime the Lord Chaunceler, and other great personages, did vse to sit iudicially in the place then and yet called the Starre Chamber. But for as much as be like that assembly was not ordi∣nary, therefore the next Kings, Henry the seuenth, and his some. H. 8. tooke order by two seue∣rall lawes. viz. 3. H. 7. ca. pri. & 21. H. 8. ca. 2. That the Chaun∣celer assisted with others there named, should haue power to heare complaints against Retai∣nours, Embraceours, misdeme∣nures

of officers, and such other offences, which through the power and countenance of such as do commit them, do lift vp the head aboue other faults: and for the which inferiour Iudges are not so meete to giue correction. And because that place was before dedicated to the like seruice, it hath bene euer since also accordingly v∣sed. Touching the officers be∣longing to this Court, see Cam∣den. pag. 112. & 113.

Statute, (statutum) hath di∣uers significations in our com∣mon lawe. First, it signifieth a Decree or act of Parlament, made by the Prince and three estates, which is the bodie of the whole Realme. And though it borow the name from that kind of Decree, which those cities, that were vnder the Ro∣maine Empire, made for the particular gouernment of them∣selues, ouer and aboue the vni∣uersall or common lawe of the Empire: yet in nature it com∣meth nearest to that which the Romaines called (legem) for that, as that was made by the whole people noble and ignoble: so this is ordeined by those, that represent the whole number, both of prince, and subiects, one and other, through the whole kingdome. The difference neuerthelesse was this, that Lex was offered to the consideration of the people by the Magistrate of the Senate, or Consull: but the bils or sug∣gestions whence our statutes spring, are offered by any of ei∣ther house, and so either passed or reiected. In this signification a statute is either generall or spe∣ciall. Coke lib. 4. Hollands case, fol. 76. a.

Statute, in another significa∣tion is a short speach taken for a bond; as statute Marchant, or statute staple. anno 5. H. 4. cap. 12. The reason of which name is, because these bonds are made according to the forme of sta∣tuts expressely, and particularly prouided for the same; which direct both before what per∣sons, and in what maner they ought to be made. West. parte pri. symbol. li. 2. sect. 151. where he defineth a statute Merchant thus. A statute Merchant is a bond acknowledged before one of the Clerks of the statutes Merchant, and Maior or chiefe Warden of the citie of London, or two Merchants of the said citie for that purpose assigned, or before the Maior, cheife Warden, or Master of other Ci∣ties or good townes, or other sufficient men for that purpose appointed, sealed with the seale of the Depter, and of the King, which is of two peeces, the

greater is keept by the saide Mai∣or, cheife Warden, &c. and the lesser peece thereof by the saide Clerks. The form of which bond, you may see in Fleta. lib. 2. c. 64. §. 2. to be such; Noverint vni∣uersi me. N. de tali comitatu tene∣ri. N. in 10. marcis soluendis ei∣dem ad festum Pent. anno regni Regis, &c. & nisi fecero, concedo quod currant super me & haeredes meos districtio, & poena provisa in statuto domini Regis edito apud Westm. Datum London, tali die, an. supra dicta. The fee for the same seale, is for statutes know∣ledged in Faires. for euery pound an halfepeuy, and out of faires a farding. The execution vpon statute Merchant, is first to take the bodie of the Deptor, if he be lay, and can be found: if otherwise, then vpon his lands, and goods: The bound is founded vpon the statute, anno 13. Ed. pri. statut. 4. Of this also as of the statute Staple, see the newe booke of Entries. verbo. Statut Merchant. and reade in Fleta vbi supra, more touching this mater worth the reading.

Satute staple (to vse the very words of M. West.) is either properly so called, or impro∣perly, A statute staple pro∣perly so called is a bond of Record knowledged before the Maior of the Staple, in the presence of one of the two constables of the same staple, for which seale the fee is of eue∣ry pound, if the summe exceed not a 100. poūd, an halfepeny, & if it exceed and 100. poūd, of euery pound a farding. And by ver∣tue of such statute Staple, the Creditor may forthwith haue execution of the body, lands & goods of the Depter. and this is founded vpon the statute anno 27. Ed. 3. cap. 9. A Statute Sta∣ple improper, is a bond of Record, founded vpon the sta∣tute anno 23. H. 8. cap 6. of the nature of a proper statute sta∣ple, as touching the force, and execution thereof, and know∣ledged before one of the chiefe Iustices, and in their absence before the Maior of the staple, and Recorder of London. The formes of all these bonds, or statutes, see in West. parte pri. simbol. li. 2. sect. 152. 153. 154. 155. Statutes is also vsed in our vulgar talke, for the petit sessi∣ons, which are yearely kept for the disposing of seruants in seruice, by the statute, anno 5. Eliz. cap. 4. see Recognisance.

Statute sessions, otherwise cal∣led petit sessions, are a meeting in euery hundred of all the shires in England, where of cu∣stome they haue beene vsed, vn∣to the which the constables doe repaire, and others both hous∣holders and seruants, for the

debating of differences between masters and their seruants, the rating of seruants wages, and the bestowing of such people in seruice, as being fit to serue, either refuse to seeke, or cannot get Masters, anno 5. Eliz. cap. 4.

Statuto stapulae, is a writ that lieth to take his body to prison, and to seise vpon his lands and goods, that hath forfeited a bond, called statut staple. Re∣gister orig. fol. 15••. a.

Statutum de laboriis, is a writ Iudiciall for the apprehending of such laborers, as refuse to worke according to the statut. Register Iudicial l. fol. 27. b.

Statuto Mercatorio, is a writ for the imprisoning of him, that hath forfeited a bond called the statut Merchant, vntill the dept be satisfied. Register orig. fol. 146. b. and of these there is one against lay persons, vbi supra. and another against Ecclesia∣sticall. 148.

Stavisaker, staphis agria, vel herba pedicularis, is a medicina∣ble herb, the kinde and vertues whereof, you haue set forth in Gerards herball, lib. 1. cap. 130. The seede of this is mentioned among drugs to be garbled, anno prim. Iacob. cap. 19.

Stennerie, is vsed for the same that Stannaries be, in the statute anno 4. H. 8. cap. 8. see Stanna∣ries.

Sterling (Sterlingum) is a pro∣per epitheton for money cur∣rent within the Realme. The name groweth from this, that there was a certain pure coyne, stamped first of all by the Ea∣sterlings here in England. Stowes Annalls. pag. 312. The which I rather beleeue, because in cer∣taine old monuments of our English, and broken French, I finde it written Esterling. so Ro. Hoveden writeth it. parte po∣ster. annalium. fol. 377. b. M. Skene de verborum signif. verbo. Sterlingus, saith thus: sterling is a kinde of weight conteining 32. cornes, or graines of wheat. And in the Canon law mention is made of fiue shillings sterling, and of a merke starling. cap. 3. de arbitris. &. c. constituit. 12. de procu∣rator: And the sterling peny is soe called, because it waighes so many graines, as I haue sundry times proued by experience. And by the law of England the peny which is called the sterling round and without clipping wayeth 32. graines of wheat without tailes, whereof 20. make an ounce, and 12. onnces a pound, and eight pound maketh a gallon of wine, and eight gal∣lons make a bushell of London, which is the eight part: of a quarter. Hitherto M. Skene. Bu∣chanan. lib. 6. saith, that the common people thinke it so

termed, of sterling a towne in Scotland. Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth, was ingra∣uen in one quarter of the coine so termed. cap. Item quia. de te∣stamentis. verbo. Centum solidos. in glos.

Stewes, are those places, which were permitted in England to women of professed incontinen∣cie, for the profer of their bodies to all commers: It is deriued from the French (Estu∣ves. i. thermae, vaporarium, Bal∣neum) because wantons are wont to prepare themselues, to these venerous acts, by bathing themselues. And that this is not, newe, Homer sheweth in the 8. booke of his Odiss. where he reckoneth hot bathes among the effeminate sort of pleasures, Of these stewes see the statute anno 11. Henric. 6. cap. pri.

Steward. See Seneschall and Stuward, Steward of the Kings house anno 25. Ed. 3. statute. 5. ca. 21.

Stillyard (Guilda Theutonico∣rum anno 22. H. 8. ca. 8. & anno 32. eiusdem ca. 14.) is a place in London, where the fraternity of the Easterling Merchants, other∣wise the Merchants of Hawnse and Almaine. anno pri: Ed. 6. cap. 13. Are wont to haue their a∣boade. see Geld. It is so called of a broad place, or courte, wherein steele was much sould. vpon the which that house is now founded. Nathan Chitraens. See Hawnse.

Stone of woll. (Petra lanae) see weights. See Sarpler. It ought to weigh fourteene pounds, yet in some places by custome it is more. See Cromptons Iustice of peace. fol. 83. b.

Straife alias Stray. See Estrae.

Straites anno 18. H. 6. ca. 16.

Streme workes, is a kinde of worke in the Stannaries: for (saith M. Camden titulo Cornwall pag. 119.) Horum Stannariorum siue metallicorum operum duo sunt gene∣ra: Alterum Lode-works, alterum streme-works vocant. Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur & fluuiorum alueos subinde deflectunt: illud in lo∣cis aeditioribus, cùm in montibus pu∣teos, quos Shafts vocant in mag∣nam altitudinem defodiunt, & cuni∣culos agunt. These you may read mentioned anno 27. H. 8. ca. 23.

Stirks.

Strip. See Estreapement.

Stuard, alias steward (senescal∣lus) seemeth to be compounded of Steede and ward, and is a word of many applications: yet alway signifieth an officer of cheife ac∣coumpte within the place of his sway. The greatest of these is the Lord high Steward of England, whose power (if those antiqui∣ties

be true which I haue read) is next to the kings, and of that heighth, that it might in some sort match the Ephori amongst the Lacedemonians. The custome of our commonwealth hath vp∣pon great consideration and po∣licie brought it to passe, that this high Officer is not appointed for any long time, but onely for the dispatch of some especiall busi∣nesse, at the arraignment of some Noble man in the case of trea∣son, or such like: which once en∣ded, his commission expireth. Of the high Steward of Englands Court, you may reade Cromptons Iurisdiction. fol. 82.

I haue reade in an auncient manuscript of what credit, I know not, that this officer was of so great power in auncient times, that if any one had sought iustice in the Kings court and not found it, he might vpon complaint thereof made vnto him, take those petitions, and re∣seruing them to the next Parla∣ment, cause them there to bee propounded, and not onely so, but also in the presence of the King openly to rebuke the Chaunceler, or any other Iudge, or officer whom he found defe∣ctiue in yeelding iustice. And if in case the Iudge, or officer so reprehended, did alledge, that his defect grew from the difficul∣tie of the case, insomuch as he durst not aduenture vpon it: then the case being shewed, and so found, the Lord steward to∣gether with the Constable of England there in the presence of the King and Parlament, might elect 25. persons, or more, or fewer, according to their discretion, and the case or cases in question, some Earles, some Barons, some Knights, some Citizens and Bur∣gesses, which vpon deliberation should set downe, what they thought iust and equal: and their decree being read and allowed by Parlament, did stand as a law for euer: fardermore, if the Chaunceler or other Iudge or officer, could not well approue, that the delay of iustice com∣plained of, grew from iust diffi∣cultie, by reason that the case in question was formerly determi∣ned by lawe or statute: then might the steward on the Kings behalfe, admonish him of his negligence, and will him to be more carefull and studious. Or if there appeared malice, or cor∣ruption, then the King and Par∣lament was wont to remoue him and assigne another of better hope to the place. Lastly, if the king had about him any such e∣uill Counceller, as aduised him to things vniust, or vnanswera∣ble to his Maiestie, as tending either to the disherifon of the

Crowne, publike hurt, or de∣struction of the subiect. The of∣fice of the Steward was, taking to him the Constable, and other great men, with some of the Commons, and giuing notice to the King of their intention, to send to that Counseler, and will him to desist from misleading the king, yea, if need so requi∣red, to charge him to stay no longer about him, but to depart from the Court, which if he neg∣lected to performe, then they might send to the King, and will him to remoue him: and if the king refused, then they might take him as a publike enemie to the King and Realme, seise on his goods and possessions, and commit his body to safe custo∣dy, vntill the next Parlament, there to be Iudged by the whole kingdome: examples are brought of Godwin Earle of Kent in the time of King Edward next be∣fore the Conquerour, of Hubert Burgh Earle of the same County, in the reigne of Henry the third, and of Peter Gaueston, in Edward the seconds daies. But experience (as I said) hath found this officer more daungerous then profita∣ble, and therefore hath time taught, though not wholly to suppresse him, yet to limite him to particular occasion, and to re∣straine his power. Then is there the Steward of the Kings most honourable houshould, anno 24. H. 8. cap. 13. whose name is changed to the name of great Master. anno 32. eiusdem, cap. 39 But this statute was repealed by anno prim. Mar. 2. Parlam. cap. 4 and the office of the Lord Steward of the Kings houshold reuiued: where you may at large reade diuers things touching his office. As also in Fitzh. nat. br. fol. 241. B. Of this Officers aun∣cient power, reade Fleta, lib. 2. cap. 3. There is also a Steward of the Marshalsea. pl. cor. fol. 52. & anno 33. H. 8. cap. 12. To be short, this word is of so great diuersitie, that there is not a cor∣poration of any accompt, or house of any honour, almost through the realme, but it hath an officer toward it of this name. A steward of a maner, or of a houshold, what he is or ought to be, Fleta fully describeth. lib. 2. cap. 71. & 72.

Straunger, commeth of the French (estranger. i. alienare.) It signifieth in our Language ge∣nerally a man borne out of the land or vnknowne: but in the lawe, it hath an especiall signifi∣cation for him that is not priuie or a party to an act: as a Straunger to a iudgement: oldna. br. fol. 128. is he to whome a iudgement doth not belong. And in this signification it is di∣rectly contrarie to (partie) or

(priuie.) See Priuie.

Submarshall, (submarescallus) is an officer in the Marshal sea, that is, deputie to the chiefe Marshall of the Kings house, commonly called the Knight Marshall, and hath the custody of the prisoners there. Cromptons Iurisdict. fol. 104. He is other∣wise called Vnder-marshall.

Subpoena, is a writ that lyeth to call a man into the Chaun∣cerie, vpon such case onely, as the common lawe faileth in, and hath not prouided for: so as the partie who in equitie hath wrong, can haue none ordinary remedie, by the rules and course of the common lawe, West. part. 2. symbol. titulo Proceedings in Chauncerie. sect. 18. where you may reade many examples of such cases, as sub poena lyeth in. There is also a sub poena ad testifi∣candum, which lyeth for the cal∣ling in of witnesses to testifie in a cause, as well in Chauncerie, as in orher courts. And the name of both these proceede from words in the writ, which charge the partie called to ap∣peare at the day and place assig∣ned, sub poena centum librarum, &c. I find mention of a common sub poena in Cromptons Iurisdict. fol. 33. which signifieth nothing else but such a sub poena, as euery common person is called by into the Chauncerie: whereas any Lord of Parlament is called by the Lord Chauncelers leters: giuing him notice of the suit in∣tended against him, and re∣quiring him to appeare. Cromp∣ton. eodem.

Subsidie, (subsidium) com∣meth of the French (subside) sig∣nifying a taxe or tribute assessed by Parlament, and graunted by the commons to be leuied of e∣uery subiect, according to the value of his lands or goods after the rate of 4. shillings in the pound for land, and 2. shillings 8. pence for goods, as it is most commonly vsed at this day. Some hold opinion, that this subsidie is graunted by the subiect to the Prince, in re∣compence or consideration, that whereas the Prince of his absolute power, might make lawes of himselfe, he doth of fauour admit the consent of his subiects therein, that all things in their owne confes∣sion may be done with the grea∣ter indifferencie. The maner of assessing euery mans lands or goods, is this: first, there issu∣eth a Commission out of the Chauncerie to some men of ho∣nour or worship in euery Coun∣tie, by vertue thereof to call vn∣to them, the head Constables or Bayliffes of euery Hundred, and by them the Constable and three or foure of the substantiallest

housholders in euery towne within their hundred at a day certaine: which men so called, or so many of them, as the Com∣missioners thinke good to vse, do rate the inhabitants of their owne towne, in such reasonable maner, as they find meete, yet by the discretion of the said Commissioners. And then euery man after his value set downe, must at his time pay to the Col∣lectour appointed, after the rate aforesaid. Yet in auncient time, these subsidies seeme to haue beene graunted both for other causes, as in respect of the Kings great trauell, and expences in warres: or his great fauours to∣ward his subiects: as also in o∣ther maner then now they be: as euery ninth Lambe, euery ninth fleece, and euery ninth sheafe. anno 14. Ed. 3. stat. prins. cap. 20. And of these you may see great, varietie in Rastals Abridgement. tit. Taxes, Tenths, Fifteenths, Subsi∣dies, &c. whence you may gather that there is no certaine rate, but euen as the two houses shall thinke good to conclude. Subsi∣die is in the statute of the land, fometime confounded with cu∣stome. anno 11. H. 4. cap. 7. See Beneuolence.

Suretie of peace, (securitas pacis) is an acknowledging of a bond to the Prince, taken by a com∣petent Iudge of Record, for the keeping of the peace. Lamberds Eirenarcha, li. 2. cap. 2. pag. 77. This peace may a Iustice of peace commaund, either as a Minister, when he is willed so to doe by a higher authoritie, or as a Iudge, when he doth it of his owne power deri∣ued from his commission. Of both these see Lamberd. Eire∣narcha. lib. 2. ca. 2. pag. 77. see Peace, see Supplicauit.

Suffragan (Suffraganeus) is a titular Bishop ordeined, and assisted to aide the Bishop of the Dioces in his spirituall function. c. Suffraganeus. Extra de electione. For the Etimology, Suffraganes dicuntur, quia eorum suffragiis causae ecclesiasticae iudi∣cantur. Ioach. Stephanus de Iurisd. li. 4. ca. 16. nu. 14. It was in∣acted anno 26. H. 8. ca. 14. that it should be lawfull to e∣very Diocesan at his pleasure to elect two sufficient men with∣in his Dioces, and to present them to the King, that he might giue the one of them such title, stile, name, and dignity of sease in the saide statut specified, as he should think conuenient.

Suyte (Secta) commeth of the French (Suite. i. affectatio, consecu∣tio, sequela, comitatus) It signifi∣eth in our common law, a fol∣lowing of another, but in di∣uers senses, the first is a suite

in lawe, and is diuided into suite reall, and personall. Kit∣chin, fol. 74. which is all one with action reall and personal. Then is there suite of Court, or suite seruice; that is an atten∣dance which a tenent oweth at the court of his Lord. Fitzh. nat. br. in Indice. verbo Suite. suyte seruice and suyte reall, anno 7. H. 7. cap. 2. The newe expositour of lawe Termes, maketh menti∣on of foure sorts of suites in this signification. Suite couenant, suite custom, suite reall, and suite seruice. Suite couenant, he defi∣neth to be, when your auncester hath couenanted with mine aun∣cester, to siew to the court of mine auncesters. Suite cu∣stome, when I and mine auncesters haue beene sei∣sed of your owne, and your auncesters suite, time out of minde, &c. Suite reall, when men come to the Shyreeues Turne, or Leete, to which court all men are cōpelled to come, to knowe the lawes, so that they may not be ignorant of things de∣clared there, how they ought to be gouerned. And it is called reall, because of their alle∣gance. And this appeareth by common exeperience, when one is sworne: his oath is that he shall be a loyall and faithfull man to the King. And this suite is not for the land that he holdeth within the Countie but by reason of his person and his aboade there, and ought to be done twice a yeare: for de∣fault whereof he shallbe amer∣ced and not distreined. I thinke this should be called ra∣ther regall or royall, because it is performed to the King for (royall). The French word in the vsuall pronuntiation com∣meth neere to reall, the leter (o) being almost suppressed. see Leete. Suyte seruice, is to siew to the Shyreeues Turn or Leete, or to the Lords court from three weekes to three weekes by the whole yeare. And for default thereof a man shall be distrei∣ned, and not amercied. And this suite seruice is by reason of the tenure of a mans land. Then doth suite signifie the follow∣ing of one in chace, as fresh suite. West. 1. c. 46. a. 3. Ed. 1. Last∣ly, it signifieth a petition made to the prince, or great personage.

Suyte of the Kings peace (secta pacis Regis) anno 6. R. 2. stat. 2. ca. pri. & anno 21. eiusdem, cap. 15. & anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace, by treasons, in∣surrectiōs, rebelliōs, or trespasses.

Summoneas, is a writ Iudiciall of great diuersitie, according to the diuers cases wherein it is vsed, which see in the table of the Register Iudiciall.

Summoner (summonitor) signi∣fieth one vsed to call or cite a man to any court. These by the common lawe, ought to be boni, that is by Fleta his Iudge∣ment, liberi homines, & ideo bo∣ni, quia terras tenentes, quod sint co∣ram talibus Iusticiariis ad ce ••tos diem, & locum secundum manda∣tum Iusticiariorum vicecomiti dire∣ctum, parati inde facere recognitio∣nemilib. 4. cap. 5. §. Etcum.

Summons (Summonitio) see Som∣mons, Common Summons. Marlb. cap. 18. anno. 52. Henric. 3. is l.

Summons in terra petita Kitch. fol. 286. is that summons which is made vpon the land, which the party at whose suite the summons is sent forth, seeketh to haue, Summons ad Warranti∣zandum. Dyer fol. 69. nn. 35.

Sumage (Sumagium) seemeth to be tolle for cariage on horseback, Crompton Iurisd. fol. 191. Forwhere the Charter of the Forest, cap. 14. hath these words: for a horse that beareth loades euery halfe yeare, a halfe penny: the booke called Pupilla ocult, vseth these wordes: pro vno equo portante summagium, per di∣midium annum obolum. It is o∣therwise called a Seame. And a Seame in the Westerne parts is a horse loade.

Superoneratione pasturae, is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell, in case where he is formerly im∣pleaded for it in the countie, and the cause is remooued into the Kings court at Westm.

Supersedeas, is a writ which lieth in diuers, and sundry cafes, as appeareth by the table of the Register originall, and the Iudi∣ciall also, and by Fitzh. nat. br. fol. 236. and many other places noted in the Index of his booke verbo. Supersedeas. But it signifi∣eth in them all a command, or request to stay or forbeare the doing of that, which in appa∣rence of law were to be done, were it not for the cause, where∣vpon the writ is graunted. For example: a man regularly is to haue surety of peace against him, of whome he will sweare that he is afraide, and the Iustice required herevnto cannot denie him. Yet if the party be former∣ly bound to the peace, either in Chauncerie, or else where: this writ lyeth to stay the Iustice from doing that, which o∣therwise he might not de∣nie.

Superstatutum, Ed. 3. vers ser∣vants and labourers, is a writ that lyeth against him, who keepeth my seruant departed out of my seruice against lawe. Fitzh. nat. fo. 167.

Super statuto de York quo nul sera viteller, &c. is a writ lying against him, that occupieth vit∣teling either in grosse or by retaile in a Citie, or Borough towne, during the time he is Maior, &c. Fitzh. natur. bre. fol. 172.

Super statuto, anno pri. Ed. 3. cap. 12 & 13. is a writ that lyeth against the Kings Tenent holding in cheife, which aliena∣teth the kings land witout the Kings license. Fitzh: nat. br. fol. 175.

Super statuto facto pour sene∣shall & Marshall de Roy, &c. is a writ lying against the Ste∣ward, or Marshall for holding plee in his court of freehould, ot for trespasse, or contracts not made within the Kings hous∣hold. Fitzherbert nat. breu. fol. 241.

Super statuto de Articulis Cleri, cap. 6: is a writ against the Shy∣teeue, or other officer, that di∣streineth in the Kings high way, or in the glebe land aunciently giuen to Rectories. Fitzh. nat. br. fol. 173.

Super praerogatiuae Regis, cap. 3. is a writ lying against the kings widow for marying without his licence. Fitzherbert. nat. br. fol, 174.

Supplicauit, is a writ issuing out the Chauncerie for taking the surety of peace against a man. It is directed to the Iusti∣ces of peace of the county, and the Shyreeue: and is grounded vpon the statute, anno pri. Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shallbe assigned to take care of the peace, See Fitzh. nat. br. fol. 80. This writ was of old called Breve de minis, as M. Lamberd in his Emenarcha. noteth out of the Register originall, fol. 88.

Sur cui in vita, is a writ that lyeth fot the heire of that wo∣man, whose husband hauing ali∣enated her land in fee, shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease. Fitzh. nat. br. fol. 193. B.

Surgeon, commeth of the French (Chirurgien. i. Chirurgus, vulnerarius) signifiing him that dealeth in the mechanicall parte of phisicke, and the outward cures performed with the hand. The French word is compoun∣ded of two greeke words (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. manus) and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. opus) And therefore are they not al∣owed to minister inward medi∣cine. See the statut. 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons.

Surcharger of the forest, is he that doeth common with more beasts in the forest, then he

hath right to common with∣all. Manwood, parte 2. of his forest lawes. cap. 14. nu. 7.

Surplusage (surplusagium) com∣meth of the French (surplus. i. co∣rollarium, additamentum) It signi∣fieth in the common law, a super∣fluity or addition more then needeth, which sometime is a cause that a writ abateth. Brooke, titulo. Nugation & Superfluity, fol. 100. Plowden casu Dine, contra Maningham, fol. 63. b. It is some∣time also applied to mater of ac∣coumpt, and signifieth a greater disbursement, then the charge of the accoumptant amounteth vnto.

Surreioynder, is thus defined by West. parte 2. symb. titulo. Supplica∣tions. sect. 57. A Surreioynder, is a second defence of the plaintifes actiō, opposite to the Defendants Reioynder. And therefore (as he saith) Hotoman call eth it Tripli∣cationem, quaeest secunda actoris de∣fensio, contra Rei duplicationem op∣posita. Not Hotoman onely calleth this triplicationem: but the Empe∣rour himselfe. De Replicationibus, libro. 4. Institut: titulo. 14.

Surrender (sur sum redditio) is an Instrument testifiing with apt words, that the particular tenent of lands, or tenements for life or yeares, doth sufficiently consent and agree, that he which hath the next or immediate Remain∣der, or Reuetsion thereof shall also haue the particular estate of the same in possession: and that he yeeldeth, and giueth vp the same vnto him. For euery sur∣render ought forthwith to giue a possession of the things surrendred. West: parte pri: lib. 2. sectio. 503. where you may see diuers presidents. But there may be a surrender without writing. And therefore there is said to be a surrender in deede, and a sur∣render in law. A surrender in deede, is that which is really and sensibly performed. Surrender in law is in intendment of law by way of consequent, and not a∣cutall. Perkins Surrender. 606. & seqq. as if a man haue a lease of a serm, & during the terme he ac∣cept of a new lease, this act is in law a surrender of the former. Coke. vol. 6. fo. 11. b.

Sursise (supersisae) anno 32. H. 8. ca. 48. seemeth to be an especi∣all name vsed in the Castle of Douer, for such penalties, and forfeitures, as are laid vpon those that pay not their duties or rent for Castle ward at their daies. a. 32. H. 8. ca. 48. Bract. hathit in a generall signification lib. 5. tract. 3. ca. 1. nu. 8. and Fleta lib. 6. ca. 3. in prin.

Surueiour (superuisor) is com∣pounded of two French words (sur. 1. super) and veoir. 1. ce••ert intueri, despioere, prospicere, videre) It signifieth in qur common law,

one that hath the ouerseeing or care of some great personages lands, or works. As the Suruei∣our generall of the Kings ma∣ners. Cromptons Iurisd. fo. 106. And in this signification it is ta∣ken anno 33. H. 8. cap. 39. where there is a court of Surueiours e∣rected. And the Surueiour of the Wards and Liueries West par∣te 2. simbologr: titulo Chauncery, sect: 136. which officer is erected anno 33. H. 8. ca. 22. who is the second officer by his place in the court of wards and Liueries, as∣signed and appointed by the king. His office seemeth especial∣ly to consist in the true examina∣tion of the lands belonging to the Kings wards, that the King be not deceiued. At the entrance into his office, he taketh an oath ministred vnto him by the Mai∣ster of that Court, which see an. 33. H. 8. cap. 39.

Surueiour of the Kings exchange, anno 9. H. 5. stat. 2. ca. 4. was an officer, whose name seemeth in these daies to be changed into some other. For I cannot learne that there is any such now.

Suruiuour, is compounded of two French words (Sur. 1. super) and viure. 1. aetatem agere, viuere) whence also commeth the com∣pound (Suruiure. i. superesse) It signifieth in our common law, the longer liuer of two ioynt te∣nents. See Brooke, titulo Ioynt te∣nents, fol. 33. or of any two ioy∣ned in the right of any thing.

Suspension (Suspensio) is vsed for a temporall stop of a mans right, and differeth from extin∣guishment in this, that a Right of Estate suspended reuiueth a∣gaine, but extinguished it dyeth for euer. Brooke, titulo Extinguish∣ment and Suspension. fol. 314. Suspension is also vsed in our common lawe, sometimes as it is vsed in the Canon lawe, pro minori excommunicatione. As anno 24. H. 8. cap. 12. See Ex∣communication.

Suspirall, seemeth to be a spring of water passing vnder the ground, toward a conduit or cesterne. anno 35. H. 8. ca. 10. and to be deriued from the Latine (suspirare) or the French (souspirer) i. ducere suspiria. And indeed the word it self is French for (souspiral) in that tongue, signifieth (spiramentum cauernae) the mouth of a caue or den: or the tunnell of a chimney.

Swainmot, alias Swanimote, (Swainmotum) signifieth a Court touching maters of the Forest kept by the Charter of the Fo∣rest, thrice in the yeare: anno 3 Henr. octau cap. 18. it is called a Swannie-mote: what things be inquirable in the fame, you may reade in Cromptons Iurisd. fol. 180. who saith that this court of Swainemote is as in∣cident

to a Forest, as the court of Piepowder is to a faire, with whome agreeth M. Manwood parte pri. of his Forest lawes, pag. 144. The word seemeth to be compounded of (Swain) and (mot) or (Gemot). For swaine, as M. Manwood saith vbi supra, pag. 111) in the Saxons tongue signifieth a Bockland man, which at this day is taken for a Char∣terer, or freeholder: and (Gemot) as M. Lamberd saith in his ex∣plication of Saxon words, verbo Conventus, is Conventus, where∣vpon it is to be noted, as he saith in the same place, that the Swainemote is a court of free-holders within the Forest. Of the which you may reade him at large, pag. 110. &c. vsque 122.

T

TAbling of fines, is the making of a table for e∣uery countie, where his Ma∣iesties writ runneth, contei∣ning the contents of euery fine, that shall passe in any one terme, as the name of the Countie, townes, and places, wherein the lands or tenements mentioned in any fine, do lye, the name of the plaintiffe and Deforceant, and of euery ma∣ner named in the fine. This is to be done properly by the Chirographer of fines of the com∣mon plees: who the first day of the next terme after the en∣gressing of any such fine, shall fixe euery of the said tables in some open place of the court of Common plees: and so euery day of the said terme during the sitting of the said court. And the said Chirographer shall de∣••iuer to the Shyreeue of euery Countie, his Vndershyreeue or Deputie, faire writen in parch∣ment, a perfect content of the table so to be made for that shire, in the terme that shall be next before the Assises to be holden in the same coun∣tie, or else in the meane time betweene the terme, and the said assises, to be set vp the first day, and euery day of the next assises, in some open place, of the Court, where the Iustices of Assises then shall sit, to continue there so long, as they shall sit in the said court. If either the Chirographer, or Shyreeue faile herein, he forfeiteth fiue pounds. And the Chirogra∣phers fee for euery such table is foure pence. anno 23. Elizab. cap. 3. This saith, West. parte 2. symbol. titulo. Fines, sect. 130.

Taile (Tallium) commeth of the French (taile. i. Sectura) or the verb (tailler. i. scindere) signi∣fiing in our common law two se∣uerall things, both grounded vp∣on one reason. Plowden, casu Wil∣li••n,

fol. 251. a. b. First it is vsed 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 own∣eth it: but is by the first giuer cut, or diuided from all other, and tyed to the issue of the Donee, Cooke lib. 4. in prooemio. And this limitation, or taile, is either ge∣nerall, or speciall. Taile generall is that, whereby lands, or tene∣ments are limited to a man, and to the heires of his body begot∣ten. And the reason of this terme is, because how many soeuer wo∣men, the tenent houlding by this title, shall take to his wiues, one after another in lawfull matri∣mony; his issue by them all, haue a possibility to inherit, one after the other. Taile speciall is that, whereby lands, or tenements be limited vnto a man and his wife, and the heires of their two bo∣dies begotten: because if the man bury his wife before issue, and take another: the issue by this second wife cannot inherit the land, &c. Also if land should be giuen to a man and his wife, and to their sonne and heire Iohn, for euer: this is taile espe∣ciall. See more of this in see, and Litleton lib. pri: ca. 2. and the new booke of Entries. verbo Taile. Taile in the other signification, is that which we vulgarly call a Tallie. For it is vne taille de bois a clouen peece of wood to nick vp an accoumpt vpon, for in the statute anno 10. Ed. pri. cap. 11. and anno 27. eiusdem, stat. pri. ca. 2. it is termed a Taile, and anno 38. Ed 3. cap. 5. And so in Brooke his Abridgement, titulo. Taile d'¦Exchequer fol. 247. See Tayles.

Tailes (talliae) are in these daies called Talleyes, well knowne what they be. Of these reade in our statutes two sorts, to haue bene vsuall in the Exchequer for a long continuance. The one is tearmed tayles of debt, anno 1. R. 2. cap. 5. which are a kind of acquittance for dept paide in to the king. For exam∣ple, the Vniversitie of Cambridge payeth yearely ten pounds, for such things as are by their Char∣ter graunted them in fee ferme, fiue pounds at the Annunciation and fiue at Michaelmas. He that payeth the first fiue pounds, receiueth for his discharge a taile or taley, and he that payeth the other fiue, receiueth the like. With both which, or notes of them, he repayreth to the Clerke of the Pipes office, and there in steede of them receiueth an acquittance in parchment for his whole discharge. Then be there also mentioned tayles of re∣ward, anno 27. H. 8. cap. 11. & anno 33. & 34. eiusdem. ca. 16. and anno 2. & 3. Ed. 6. ca.

4. And these seeme to be tailes, or talyes of allowances, or re∣compence made to Shyreeues for such maters, as to their charge they haue performed in their office, or for such monies as they by course haue cast v∣pon them in their accompts, but could not leauie thē where they were due. And these, as it seemeth by the said statute, anno 27. H. 8. cap. 11. were of old graunted in the Exchequer vnto them, vpon warrant made to the Treasurer and Chamberlaines there, by the Clerkes of the signet vpon bill assigned by the King. But sithence the statute anno 2. & 3. Ed. 6. cap. 4. what the course in this case is, I am not so well informed. Only I heare, that for some counties these tayles be still in vse, and that the warrant commeth now from the Auditour of the re∣ceipts, vnto those that make these taleys. And that the Shy∣reeue with them proceedeth to those who take his finall ac∣compt, and there hath his al∣lowance accordingly.

Taylage (tallagium) aliâs, Tal∣lage, commeth of the French (taille) which originally signifi∣eth a peece cut out of the whole: and metaphorically is v∣sed for a share of a mans sub∣stance payed by way of tribute. It signifieth with vs a tolle, or taxe, as anno pri. Ed. 2. cap. vnico. And Stowes Annals. pag. 445. Thence commeth Tailagiers in Chawcer for taxe, or tolle ga∣therers.

Taint (Attinctus) commeth of the French (teinct. i. infectus, tin∣ctus) and signifieth either sub∣stantiuely a conviction, or adie∣ctiuely a person convicted of felonie or treason, &c. See At∣taint.

Tales, is a latine word of knowne signification: It is v∣sed in our common lawe, for a supply of men empaneled vpon a iury or enquest, and not appea∣ring, or at their apparence, chalenged by the partie, or either partie, if there be two, as not indifferent. for in this case, the Iudge vpon petition graun∣teth a supply to be made by the Shyreeue of some men there present, equall in re∣putation to those that were impaneled. And herevpon 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 defaulte, or els be cha∣lenged by each party. Stawf. pl. cor. lib. 3. ca. 5. How be it, he that hath had one Tales, ei∣ther vpon default or challenge: though he may haue ano∣ther,

yet he may not haue the later to conteine so many as the former, for the first Tales must be vnder the principall panell, except in a cause of Appeale, and so euery Tales lesse then o∣ther, vntill the number be made vp of men present in courte, and such as are without excep∣tion to the partie, or parties. Of this see Stawnford more at large vbi supra. where you may finde some exceptions to this generall rule. These commonly called (Tales) may in some sort, and in deede are called (Meli∣ores) viz. when the whole Iurie is chalenged, as appeareth by Brooke, titulo. Octo tales & auter tales, fol. 105. In whome you may likewise reade many cases touching this mater.

Tales, is the proper name of a booke in the Kings bench office. Coke lib. 4. fol. 93. b.

Tallage. See Taylage.

Talshide. See Talwood.

Talwood, v. anno 34. & 35. Henric. octau. capit. 3. & anno 7. Ed. 6. ca. 7. & 43. El. cap. 14. Talshide. ibidem. It is a long kinde of shide riuen out of the tree, which shortened is made into billets.

Tartaron, anno 12. Ed. 4. cap. 3. & anno 4. H. 8. cap. 6.

Tasels. anno 4. Ed. 4. cap. 1. is a kinde of hard burre vsed by clothiers and cloth workers in the dressing of cloth.

Task, aliâs Tare, by M. Cam∣den following the authoritie of Doctor Powell (whome he great∣ly commendeth for his dili∣gence in the search of anti∣quities) is a Britishe word sig∣nifiing tribute. Camden. Britan. pag. 304. And it seemeth, it is such a kinde of tribute, as be∣ing certainly rated vpon e∣uery towne, was wont to be yearely paide. See Gild, and the places there cited out of M. Camden. Now is it not paide, but by consent giuen in Parlament, as the Subsidie is. And it differeth from Subsidie in this, that it is alway certaine, accordingly as it is set downe in the Chequer booke, and le∣vied in generall of euery towne, and not particularly of euerie man. Lastly, it is a fifteenth of that substance, that euery town was first rated at, by the num∣ber of hides of land in the same. Wherevpon it is also cal∣led a fifteenth v. anno 14. Ed. 3. stat. 1. cap. 20. for whereas M. Crompton in his Iurisdictions, saith that it is leuied som∣time by goods, as well as by lands, as also appeareth by the statute, anno 9. H. 4. ca. 7. I take his meaning there to be, that though the task in the

whole were at the first by the Prince proportioned by the land: Yet the townes men among themselues to make vp that summe, are at these daies sometime valued by goods. See Fiftenth. It seemeth that in aun∣cient times, this task was impo∣sed by the king at his pleasure, but Edward the first, anno 25. of his raigne, bound himselfe, and his successours from that time forward; not to leuie it but by the consent of the Realme. anno 25. Ed. pri. cap. 5. The word Task may be thought to proceede from the French (Taux, aliâs Taxe. i. aestimatio, pre∣tium) for we call it also Taxe: but ouer curiously to contend in these derivatiōs, may seeme friuo∣lous, cōsidering that many words are common to diuers peoples.

Telonium, or Breue essendi quie∣tum de Telonio, is a writ lying for the Citizens of any Citie, or Bourgesses of any towne that haue a Charter, or prescrip∣tion to free them from Tolle, a∣gainst the officers of any town, or market constraining them to pay Tolle of their Merchan∣dise, contrary to their said graunt or prescription. Fitzh. nat. br. fol. 226. Hotoman lib. 2. commentariorum in feuda, cap. 56. vers. Vectigalia, hath these words: Telonis autem dicuntur, public ano∣rum stationes in quibus vectigalia recipiunt: sed apud istius generis scriptores, Telonium dicitur vecti∣gal, quod pro pontium aut riparum munitione penditur: & plerum{que} á principibus solius exactionis causa, imperatur.

Team, aliás Theam, is an ould Saxon word, signifiing a Royal∣ty granted by the Kings charter, to a Lord of a maner. Bracton li. 3. tracta. 2. ca. 8. of this Saint Edwards lawes, nu. 25. say thus. Quod si quisquam aliquid interciet (id est, penes alium defendat) super aliquem, & intercitatus, non poterit warantum suum habere, erit foris∣factura sua, & Iusticia similiter de calumniatore, si defecerit. M. Skene de verborum significatione, verbo Theme. saith, that it is a power to haue seruants and slaues, which are called natiui, bondi, villani; and all Baronies insoffed with Theme, haue the same power. For vnto them all their bondmen, their children, goods and cattels, properly appertaine: so that they may dispose of them, at their pleasure. And in some ould au∣thentike bookes it is writen. Theme est potestas habends natinos, it a quòd generationes villanorum vestrorum, cum eorum catallis, vbi∣cun{que} inueniantur, ad vos pertine∣ant, Theme commeth from Than. i. servus, and therefore some time signifieth the bondmen, and slaues, according to an ould sta∣tute and law. De curia de The∣me.

Quod si quis teneat curiam de Theme, & illa querela in illa curia mouetur, ad quam Theme vocatur: non debet illa curia elongari, sed ibidem determinari, & om∣nes Theme ibi compareant. Which is vnderstoode of the question of liberty, when it is in doubt, whether any person be a bond∣man or free man. Which kinde of proces should not be delayed but summarily discided. And the new expositour of law terms. speaketh to the like effect, verbo Them. I read it also in an ould paper writen by an exchequer man thus translated: Theam. i. propago villanorum.

Teller, is an officer in the Es∣chequer, of which sort their be foure in number. And their of∣fice is, to receiue all monies due to the King, and to giue to the clerk of the Pel a bill to charge him therewith. They also pay to all persons, any money paiable vnto them by the King, by war∣rant from the auditour of the re∣ceipt. They also make weekely and yearely bookes both of their receipts & payments, which they deliuer to the L. Treasurer.

Templers (Templarii) See Knights of the Temple. These whil lest they florished here in En∣gland, which seemeth to be all that time betweene Henry the seconds daies, vntill they were suppressed, had in euery nation a particular gouernour, whom Brac. calleth Magistrū militiae Tē∣pli: l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers.

Temporalties of Bishops (Tempo∣ralia Episcoporum) be such reue∣newes, lands, and tenements, as Bishops haue 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 Parlament. See Spiritualties of Bishops.

Tend, seemeth to signifie, as much as to indeuour, or offer, or shew forth, to tend the estate of the party of the Demaundant, old n. br. f. 123. b. to tend to trauers. Stawnf: prarog. fol. 96. to tend an auertment. Britton, cap. 76.

Tender, seemeth to come of the French (Tendre. i. tener, deli∣catus) and being vsed adiectiue∣ly, signifieth in english speech, as much as it doth in French. But in our common law, it is vsed as a verb: and betokeneth as much, as carefully to of∣fer, or circumspectly to in∣deuour the performance of any thing belonging vnto vs: as to tender rent, is to offer it at the time and place where and when it ought to be paid. To tender his law of non Summons. Kitch. fo. 197. is to offer himselfe ready to make his law, whereby to prooue that he was not summo∣ned. See law. See make.

Tenementis legatis, is a writ

that lyeth to London, or other corporation, where the custome is, that men may demise tene∣ments by their last will, as well as their goods and catels, to whome they list, for the hea∣ring of any controuersie tou∣ching this mater, and for the rectifying of the wrong. Regist. orig. fol. 244. b.

Tenant, aliâs, tenent, (tenens) commeth either of the Latine (tenere) or of the French (tenir) and signifieth in our common lawe, him that possesseth lands, or tenements by any kind of right, be it in fee, for life, or for yeares. This word is vsed with great diuersitie of Epithits in the lawe, sometime signify∣ing or importing the efficient cause of possession, as tenent in Dower: which is shee, that possesseth land, &c. by vertue of her Dower. Kitchin, fol. 160. Tenent per statute Merchant. I∣dem, fol. 172. that is, he that hol∣deth land by vertue of a statute forfeited vnto him. Tenent in franck mariage. Kitchin, fol. 158. viz. he that holdeth land or tene∣ment by reason of a gift thereof made vnto him vpon mariage, betweene him and his wife. Te∣nent by the courtesie. Idem, fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an in∣heritrix, and borne aliue. Te∣nent per elegit. Idem, fol. 172. i. he that holdeth by vertue of the writ termed Elegit. Tenent in mortgage. idem, fol. 38. is he that holdeth by vertue of a mortgage or vpon condition, that if the lessour pay so much money at such a day, that he may enter, and if not, that the leassee shall haue a fee simple, fee tayle, or free hould. Sometime these E∣pithites import the maner of ad∣mittance: as tenent by the verge in auncient demesn. Idem. fol. 81. is he that is admitted by the rod in a court of auncient demesne. Sometime the euidence, that he hath to shew for his estate: as Tenent by copy of court rolle, which is one admitted Tenent of any lands, &c. within a maner, that time out of the memorie of man, by the vse and custome of the said maner, haue bene de∣misable, and demised to such as will take the same in see, fee-tayle, for life, yeares, or at will, according to the custome of the said maner. West parte prim. sym. lib. 2. se. 646. whom reade more at large. Againe, Tenent by char∣ter, is he that holdeth by feof∣ment in writing or other deede. Kitchin; fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure. As Te∣nent by Knights seruice, Tenent in socage, Tenent in burgage, Tenent

in frank fee, Tenent in villenage. Sometime they import the estate of the tenent, or his continuance in the land, as Tenent in fee sim∣ple. Kitchin, fol. 150. Tenent in fee taile, Idem fol. 153. Tenent for life, and tenent for yeares: I∣dem, fol. 163. Tenent at the will of the Lord according to the cu∣stome of the maner. Idem fol. 132. & 165. Tenent at will by the common law. Idem, eodem. Te∣nent vpon sufferance. Idem, fol. 165. Tenent of state of inheri∣tance. Stawnf: praerog. fol. 6. Sometime they containe a rela∣tion toward the Lord of whom he houldeth, as Tenent in cheife. i. he that houldeth of the King in the right of his crowne. Fitz. nat: br. fol. 5. F. Tenent of the King, as of the person of the King. Idem, eodem. or as of some honour. eodem: Very tenent. i. he that houldeth immediately of his Lord. Kitchin fol. 99. For if there be Lord Mesn. and Te∣nent, the Tenent is very Tenent to the mesn, but not to the Lord aboue. Tenent parauaile, pl. cor: fo. 197. & Fitzh. nat. br. fol. 136. D. is the lowest tenent, and far∣dest distant from the Lord Para∣mont. It seemeth to be tenent per auaile. See Diers commentaries fol. 25. nu. 156. Noe tenent in right to the Lord, but Tenent as for the avowrie to be made, Li∣tleton, fol. 96. Sometime they haue a relation betweene Te∣nents, and Tenents in seuerall kindes, as ioynt tenents. i. they that haue equall right in lands and tenements, and all by vertue of one title. Litleton, li. 3. ca. 3. Tenents in common, be they that haue equall right, but hold by diuers titles, as one or more by gift or descent, and others by purchase. Idem, eod. cap. 4. Particular tenent. Stawnf. praerog. fol. 13. that is, he which holdeth onely for his terme, as tenent in dower, tenent by the courtesie, or otherwise for life, West parte 2. symbol. titulo. Fines. sect. 13. G. See anno 32. H. 8. ca. 31. and Cooke in Sir William Pel∣lams case. lib. 5. fol. 15. a. they be termours for yeares or life. See Plowden casu Colthirst. fol. 23. b. Sole tenent, Kitchin 134. i. he that hath none other ioy∣ned with him. If a man and his wife hold for both their liues, and the man dyeth, he dieth not sole tenent, Idem eodem. Seue∣rall tenent, is opposite to ioynt tenents or tenents in common. See Seuerall tenencie. Tenent al praecipe, is he, against whom the writ (Fraecipe) is to be brought. Cookes Reports. lib. 3. the case of fines. fol. 88. a. Tenent in demesn, anno 13. Ed. 1. cap. 9. anno 32. H. 8. cap. 37. is he that holdeth the demeanes of a maner for a rent without seruice. Tenent in

feruice, an. 20. Ed. 1. stat. pri. is he that holdeth by seruice v. Britton. cap. 79. in principie, & ca. 96. Car fealte, &c. vel quaere whether he may be termed te∣nent in demesne, that holdeth some of the Demeanes howsoe∣uer, and he tenent in seruice, which is a freehoulder to a maner houlding by ser∣uice, for the free houlds of a manner are not accounted of the demesne, but onely that which the Lord keepeth in his owne hand or letteth out by copie, according to the custome of the maner. Tenent by execu∣tion an. 32. Henr. 8. cap. 5. is he that holdeth land by vertue of an exeution vpon any statute, re∣cognisance, &c.

Tendeheved (decanus, vel ca∣put decem familiarum) of this see Roger Hoveden, parte poster. suorum annalium. fol. 346. a. See Frank pledge.

Tenement (Tenementum) is diuersly vsed in the common lawe, Most properly it signi∣fieth a house or home stall: but in a larger signification it is ta∣ken for either house or land that a man holdeth of another. And ioyned with the adiectiue (Frank) in our lawyers French, it conteineth generally lands or houses, yea or offices, wherein we haue estate for terme of life, or in fee. And in this significa∣tion, Kitchin, fol. 41. maketh frank tenement, and base estate opposite the one to the other. In the same sort doth Britton vse it, through his whole 27. chapter, as also Bracton doeth the latine (liberum tenentum) lib. pri. cap. 5. & 6. and many other places.

Tenentibus in assisa non oneran∣dis, &c. is a writ that lieth for him to whome a disseisour hath alienated the land whereof he disseised another, that he be not molested for the dammages a∣warded, if the Disseisour haue wherewith to satisfie them him selfe. Register. orig. fol. 214. b.

Tenths (Decimae) is that yearely portion or tribute, which all liuings ecclesiasticall doe yeeld to the king. For though the Bishop of Rome doe origi∣nally pretend right vnto this revenewe, by example of the high preist among the Iewes, who had tenths from the Le∣vites, Numb. cap. 8. Hieronimus in Ezechielem. yet Iread in our Chronicles that these were of∣ten graunted to the King by the Pope, vpon diuers occasions, sometime for one yeare, some∣time for more, vntill by the statute, anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown. See Disms. It signi∣fieth also a taske leuied of the temporalty. Holinshed. H. 2. f. 111.

Tenore indictamenti mittendo, is a writ whereby the Record of an indictment, and the pro∣ces thereupon, is called out of another court into the chaunce∣rie. Register orig. fol. 169. a.

Tenure (Tenura) commeth of the Norman (Teneure) as appea∣reth by the Grand Custumarie: cap. 28. where it is defined to this effect: Tenure is the ma∣ner, whereby tenements are houlden of their Lords. What may make a tenure and what not, see Perkins Reseruations, 70. And in that chapter shall you finde the most of those tenures recited, that be now vsually in England. In Scotland I finde that there be foure maner of te∣nures, which they call halding of land; the first is pura eleemozi∣na, which is proper to spirituall men, paying nothing for it, but deuot a animarum suffragia: the se∣cond they call Few, or few ferme, which houldeth of the King, Church, Barons, or others, pay∣ing a certaine duty called Feudi firma. The third is a hould in (Blench) as they terme it, by payment of a peny, rose, paire 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 seruice of ward, and relieue, where the heire be∣ing minor, is in the gard or custo∣dy of his Lord, togither with his lands, &c. And land houlden in this fourth maner, is called there feudum de Hauberk, or Haubert. or feudum militare, or feudum Hauberticum, or feudum loricatum: because it is giuen vpon conditi∣on, that the vassall possessor ther∣of, shall come to the host with a lack, or Haubert which is a coate of maile. M. Skene de verb: signi∣fica: verbo. Haubert. Tenure in grosse, is the Tenure in Capite. For the Crowne is called a Seig∣nory in grosse, because it consi∣steth as a corporation of and by it selfe, not tyed to any honour, or maner. See Cromptons Iurisd: fol: 206. See the new booke of Entries, verbo Tenure.

Term (Terminus) signifieth with vs commonly, the bounds and limitation of time: as a lease for terme of life or terme of yeares. Bracton lib. 2. cap. 6. nu. 4. But most notoriously it is vsed for that time, wherein the Tribunals, or places of Iudgement are open to all that list to complaime of wrong, or to seeke their right by course of law, or action. The rest of the yeare is called vacation. Of these terms there be foure in euery yeare: during the which, maters of Iustice (for the most part) are dispatched. and this Sir Tho. Smith lib. 3. de Rep. Ang: cap. 2. reckoneth as miraculous: that in lesse time then the third part of the yeare, three Tribu∣nals,

all in one city, should certi∣fie the wrongs of so large and populous a nation, as England is. Of these terms one is called Hilary terme which beginneth the 23. of Iannuary, or if that be Sunday, the next day following, and eudeth the 21. of February. Another is called Easter terme, which beginneth 18. daies after Easter and endeth the munday next after Ascension day. The third is Trinity terme, beginning the Friday next after Trinity Sū∣day, and ending the Wedensday fortnight after. The fourth is Mich aelmas terme, beginning the 9 of October, or if that be Sunday, the next day after, and ending the 28. of Nouember.

Termor (Tenens extermino) is he that ••houldeth for terme of yeares or life. Kitchin fol. 151. Litleton fol. 100.

Terra extendenda is a writ di∣rected to the Escheatour, &c. willing him to inquire and find the true yearely value of any land, &c. by the oath of twelue men, and to certifie the extent into the Chauncerie, &c. Regist. orig. fol. 293. b.

Terris, bonis & catallis rehaben∣dis post purgationem, is a writ that lyeth for a Clerke to recouer his lands, goods, or chatels former∣ly seised on, after he hath clea∣red himselfe of that felonie, vp∣on suspition whereof he was formerly conuicted, and deliue∣red to his Ordinarie to be pur∣ged. Regist. orig. fol. 68. b.

Terris liberandis, is a writ, that lyeth for a man conuicted by attaint, to bring the Record and processe, before the King, and to take a fiue for his im∣prisonment, and to deliuer him his lands and tenements againe, and to release him of the Strip and Waste. Regist. orig. fol. 232. a. It is also a writ for deliuery of lands to the heire after ho∣mage, and reliefe performed. eodem fol. 293. b. or vpon securi∣tie taken, that he shall performe them. eodem, fol. 313. b.

Terris & catallis ventis vltra debitum levatum, is a writ Iudi∣ciall, for the restoring of lands or goods to a deptour that is di∣strained aboue the quantitie of the dept. Register Iudiciall. fol. 38. b.

Terretenent, (terratenens) is he which hath the naturall, and actuall possession of the land, which we otherwise call the oc∣cupation. anno. 39. Eliz cap. 7. For example, a Lord of a maner hath a freeholder, who letteth out his freeland to another to be occupied: this occupier is called the Terretenent. West. parte 2. symb. titulo. Fines. sect. 137. Cromp∣tons Iurisd. fol. 194. Britton. cap. 29. Perkins feofments. 231. And Petrus Bellugain speculo Princi∣pum.

Rub. 46. versiculo, Restat videre num. 9. vseth this word Terratenentes in the same signifi∣cation. See Land tenents. Yet I haue heard some learned in the lawe say, that the Tertenent, is the teuent in free, or copyhold, according to the custome of the maner, and opposite to te∣nent for terme of yeres. Quae∣re.

Ters, is a certaine measure of liquide things, as wine, oyle, &c. conteining the sixth part of a Tunne. anno 32. H. 8. cap. 14. or the third part of a pipe.

Testament, (testamentum.) See Will.

Testatum, is a writ that see∣meth especially to lye against great personages of the realm, whose bodies may not be med∣led with in actions of dept. And therefore if the Shyreeue return, (nihil habet in balliva mea) in a case of execution, another writ shall be sent out into any other Countie, where such personage is thought to haue whence to sa∣tisfie, which is termed a Testa∣tum; because the Shyreeue hath formerly testified, that he found nothing in his Bayliweeke to serue the turne. See Kitchin in his Returnes of writs. fol. 287. b.

Teste, is a word commonly v∣sed for the last part of any writ: so called, because the very con∣clusion of euery writ wherein the date is contained, beginneth with these words, (teste ••eipso, &c.) If it be an originall writ, or if iudiciall, teste Thom. Flem∣ming, or Edovar do Cooke, accor∣ding to the Court whence it commeth. Where I may note by the way, that in Glanvile lib. pri. cap. 6. & 13. & lib. 2. cap. 4. I find the forme of an originall writ in the last clause to be (te∣ste Ranulpho de Glanvilla apud Clarindon, &c. And diuers times in the Register orig. Teste custode Anglu: as namely, in the title Prohibition. fol. 42. a. and Consul∣tation, fol. 54. b.

Thanus, is a made Latin word of the Saxon (thegn) which com∣meth of (thenian. i. alicui mini∣strare.) It signifieth sometime a Noble man, somtime a free man, sometime a Magistrate, somtime an Officer, or minister. Lamb. in in his Explication of Saxon words. verbo: Thanus. See the place. See vavasour. M. Skene de verbor. signif. saith, it is the name of a dignitie, and appeares to be equall with the sonne of an Earle. And Thanus was a free holder holding his lands of the King. And a man not taken with the fang (that is, with the maner, as we say,) accused of theft, no sufficient proofe being brought against him, must purge himselfe by the oath of 27. men, or of three Thanes. Tha∣nagtum

Regis, signifieth a cer∣taine part of the Kings lands, or propertie, whereof the rule and gouernement appertaineth to him, who therefore is called Tha∣nus. For Domania Regis, and Thanagia, idem significant. It is a Dutch word: For (teiner) signi∣fieth a seruant, and teiner to serue. And thane is likewise a seruant, and vnder-thane, an in∣feriour thane or subiect. Thus farre M. Skene.

Thack tile. anno 17. Ed. 4. cap. 4. otherwise called plaine tyle, is that tile which is made to be layed vpon the side, and not vpon the rudge of a tyled house. anno 17. Ed. 4. cap. 4.

Theam. See Team.

Theft (furtum) is an vnlaw∣full felonious taking away of another mans moueable, and personall goods against the ow∣ners will, with an intent to steale 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 presence of the owner, is of two sorts: the one putting the owner in feare, the other not. Idem, eodem, sect. 59. The former is properly cal∣led Robberie. ibid. sect. 60. The new expounder of lawe termes, verbo Larconie, diuideth theft in∣to theft so simply called, and pe∣tit or litle theft. Whereof the one is of goods aboue the va∣lue of twelue pence, and is felonie, the other vnder that value, and is no felonie. But see Felonie.

Theftbote, is made of (theft) and (boote) i. compensatio, and sig∣nifieth properly the receiuing of goods from a theefe, to the end to fauour, and maintaine him. The punishment whereof is raunsome and imprisonment, and not losse of life and mem∣ber. Stawnf. pl. cor. lib. prim. cap. 43. and the myrror of Iustices. lib. 2. cap. des peches criminels al sute le Roye. And yet he there maketh mention of a Record alledged, which testified a iudge∣ment of life and member given in this case.

Thegue. See Thanus, and Thin∣gus.

Them. See Team. It signifi∣eth acquietantiam amerciamento∣rum sequelae propriorum servorum. Fleta lib. prim. cap. 47. §. Theme.

Thelonium. See Tholle, and Tholonium, and Tolle.

Theolonio rationabili habendo pro Dominis habentibus Dominica Regis ad firmam, is a writ, that lyeth for him, that hath of the Kings demesne in fee ferme, to recouer reasonable tolle of the Kings tenents there, if that his demesn haue bene accustomed to be tolled. Register origin.

fol. 87. b.

Thingus. Cromptons Iurisd. fol. 197. seemeth to be vsed for the Saxon Thegne. See Thanus. His words are these, speaking of a Charter or Graunt made by a Lord of a Forest. Scietis me con∣cessisse omnibus militibus, & omni∣bus thingis, & omnibus liberè te∣nentibus, qui manent in Forestamea do Honore de Lancaster, quòd pos∣sunt, &c. Fleta writeth it Tlem, & saith, quod significat liberum.

Then, significat servum. Fleta li. prim. cap. 47. See Thanus, and Thingus.

Thridborow, is vsed for a con∣stable. anno 28. H. 8. cap. 10. which also is noted by M. Lam∣berd in his Tractate intituled: The dutie of Constables, pag. 6. which seemeth to be corruptly vsed for the Saxon (freoborh. i. ingenuus fide iussor,) or (freborhe∣she ofod. i. vas primarius) Idem. in his explication of Saxon words. verbo. Centuria.

Thrid with hawan man (trium noctium hospes) who if he did a∣ny harme, his host, by the lawes of Saint Edward, and of the Conquerour, was answerable for the harme. Rogerus Hoveden par∣te poster suorum annal. fol. 345.

Thokei of fish, anno 22. Ed 4. cap. 2.

Tholl (Thollonium) est libertas emendi, & vendendi in terra sua. Archainom. Lamb. fol. 132. See Toll.

Thraue of corne, anno 2. H. 6. ca. 2. consisteth of two shookes: and euery shoke conteineth 6. sheaues. It seemeth to be a word proper to the north parts.

Thrimsa, commeth of (Threo) that is three, and signifieth a peece of money of three shil∣lings. Lamb. expla. of Saxons words. verbo Thrimsa.

Tilsen of saten, anno 1. H. 8. ca. 14.

Tince••, commeth of the French (Estincelle. i. scintilla) or the verb (Estinceller. i. scintillare) It signifieth with vs a stuffe or cloath made partly of silke and partly of gold or siluer, so called because it glistereth or spark∣leth like starres.

Tissu, is a French word sig∣nifiing as much as (wouen) Cloth of Tissue, with vs cloth of silke and siluer, or of silke, and gould wouen togither.

Tithe (Decimae) seemeth to be an abbreuiat of (tything) being the Saxon (Teothung) a litle altered, which signifieth Decu∣riam, Lamb. explica. of Saxon words. verbo. Decuria. It signifi∣eth in our common lawe, the tenth part of all fruites prediall, or personall, which be due to God, and so consequently to his Minister, toward the recom∣pence of his paines taken in in∣structing his charge, how to

liue after Gods commande∣ments, and his continuall inter∣cession that he doth or ought to make vnto God for their both spirituall and temporal blessings Leuit. cap. 27. versu. 30. I say the tenth part, though Couar∣ruvias with other learned Ca∣nonists and Scholemen, hold the rate of tithes, not to be necessa∣rily the tenth part of the fruites by the morall lawe of God. Yet the beter and more theologi∣call opinion is, that they are all deceiued, and that from their errour hath sprong much wrong to almighty God, and greate mischief to his church: & that by the law of God and nature no contrary custome ought to last any longer, then the parson and parishioner shall both thinke well of it. Where∣fore those customes of paying a halfepeny for a lambe, or a pennie for a calfe by such as haue vnder seuen in one yeare, how long so euer it hath indu∣red, is but very vnreasonable in these daies, when both lamb and calues are growne foure times deerer, and more then they were when this price was first accepted. And therefore no man dischargeth well his conscience in this point that paieth not duly the tenth of euery Lamb, euery calfe, and e∣uery otherthing titheable. For by this course the minister fa∣reth well or euill in a propor∣tion with his parishioner, as it pleaseth God to giue increase, whereas by any other order the one or the other shall finde want of indifferencie, as the prices of things shall rise or fall.

Tithing (Tithingum) is the Saxon word Teothung for the which see (Tithe) It signifieth (as M. Lamb. saith in his dutie of Constables) the number or company of ten men with their families cast, or knit together in a societie, all of them being bound to the King for the peaceable and good behauiour of each of their societie. Of these companies was there one cheife or principall person, who of his office was called (Toothung man) at this day in the West parts (Tithingman) But now he is nothing but a Constable. For that old discipline of Tithings is left long sithence. It signifieth also a court, anno 23. Ed. 3. cap. 4. & anno 9. H. 3. cap. 35. See Chiefe Pledge and Frank pledge, and Decennier. Tithing is vsed for a Court. Magna charta, cap. 25. and Merton, cap. 10.

Todde of wooll, is a quantitie conteining 28. pound in weight, or two Stone.

Tost (Tostum) is a place, wherein a mesuage hath stoode

West. parte 2. symbol. titulo Fines sect. 26.

Toile, commeth of the French (Toile. i. tela) and signifieth with vs a net of cord to compasse or take Deere.

To lange and to bred. See Bred.

Tolle (Tollere) as it is a verbe signifieth to defeate or take a∣way, anno 8. H. 6. cap. 9.

Toll, aliás Tholl (Tolnetum, aliás Theolonium) is a Saxon word, and hath in our common lawe two significations: first it is vsed for a libertie to buy and sell within the precincts of a maner. Lamb. Archainom. fol. 132. which seemeth to import so much as a faire or market. The words be these: Thol (quod nos dicimus Tho∣loniū) est scilicet quod habeat liber∣tatem vendendi & emendi in terra sua. In the second signification it is vsed for a tribute or cu∣stome paid for passage, &c. as in Bracton. Si cui concedatur ta∣lis libertas quòd quietus sit de The∣olonio & consuetudinibus dan∣dis per totum Regnum Angliae in terra & mari, & quod Theolonium & consuetudines capiat infra liber∣tatem suam de ementibus & ven∣dentibus, &c, lib. 2. cap. 24. num. 3. But euen 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 aboue written folowing a little after, he inter∣preteth to be a libertie as well to take as to be free from Tolle. The made Latine word (Theoloni∣um) Cassanaus in consuetud. Bur∣gund. pag. 118, deriueth a Tollen∣do) but I rather thinke it com∣meth from the greeke (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) or (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉). i. vectigalium re∣demptio, vel etiam vectigalium exactio) Fleta hath these words of it: Tol significat acquietantiam Theolonii vbi{que} in Regno, lib. pri. cap. 47. M. Skene de verb. signifi. verbo Toll, saith it is a custome, and that it commeth from the Greeke word of the same signifi∣cation (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and that he who is infeoffed with Toll, is custome free, and payeth no custome: which is manifest by sundry ould bookes, wherein it is writen: Toll, hoc est quod vos & homines vestri de toto homagio vestro sint quieti de omnibus mercantus, & de Tolneto, de omnibus rebus emptis & venditis. Thus farre he. Kit∣chin fol. 104. maketh mention of Tolle through, and Toll Tra∣uers, his words be to this effect. Custom or prescription to haue Toll through in the high way, is not good: for it is against the common right. But to haue prescription of Tolle Trauers, is good. In which place the diffe∣rence betweene the one, and the other the newe expositour of lawe terms faith to be, that tolletrauers is that mony, which

is taken for passing ouer a priuate mans ground. But this author seemeth to differ from Kitchin touching the lawfulnes of tolle through, saying that by reason of a bridge prouided at the cost and charge of the towne, for the ease of trauellers, he thinketh it resonable, that tolle through be exacted toward the maintenance thereof: which writer also maketh mention of tolle turn: and that he defineth to be tolle paide for beastes dri∣uen to be sold, though they be not sold indeede. Where, I think, he must meane a tolle paide in the returne homeward from the faire or market, whether they were driuen to be sold. Plowden, casu Willion, fo. 236. agreeth in this definition of tolle trauers. And this the Feudists call parangariam, defining it to be sumptus & labores ferendi re∣ferendiue alicui••s causa a principe impositi, cùm non per viam, sed aliò versùm iter suscipitur. l. 2. Co. de Episc. & cleri. a graeco (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉). i. transitus per viam transversam. Gothofred. ad. l. 4. §. 1. Π. de vete∣ra. I finde in Andrew Horns mir∣rour of Iustices, lib. 1. cap. des arti∣cles, &c. that by the auncient lawe of this land, the buyers of corne or catell in faires or mar∣kets, ought to pay tolle to the Lord of the market, in testimo∣ny of their contract there law∣fully made in open market: for that priuie contracts were held vnlawfull.

Toloneum or Breve de essends qui∣etum de Toloneo, is a writ that ly∣eth in case, where the Citizens of any Citie, or Burgesses of any towne, be quit from tolle by the graunt of the kings predeces∣sours, or prescription: which you haue at large in Fitzh. nat. br. fol. 226. See Telonium.

Tolt (Tolta) is a writ whereby a cause depending in a court Baron, is remoued into the coun∣ty court. Old. nat. br. fol. 2. The reason of the appellation see∣meth ••o come from the verb (Tollo) v: Cooke, lib. 3. in praefatione ad lectorem.

Tonne. See Tunne.

Tonnage, is a custome or im∣post due for merchādise brought or caried in tonns and such like vessels, from or to other nations after a certain rate in euery tonne anno 12. Ed. 4. ca. 3. anno 6. H. 8. ca. 14. & anno pri. Ed. 6. cap. 13. anno pri. Iacobi, cap. 33. I haue heard it also called a duty due to the Mariners for vnloading their ship arriued in any hauen after the rate of euery tonne.

Torny. See Turney.

Totted anno 42. Ed. 3. cap. 9. & anno 1. Ed. 6. ca. 15. is a word vsed of a dept, which the forein Apposer or other officer in the Exchequer noteth for a good

dept to the King by writing this word (Tot) vnto it.

Tourn. See Turn.

Tout temps prist & vncore est: that is to say in English, Alway ready and is at this present: this is a kinde of plee in way of ex∣cuse or defence vnto him that is siewed for withhoulding any dept, or duty belonging to the plaintiffe. See of this Brooke his Abridgement, fol. 258.

Traile baston. See Iustices of tri∣all baston.

Traitor (traditor, proditor) See Treason.

Transgressione, is ••writ, called commonly a writ or action of trespas. Of this Fitzherbert in his Naturabre: hath two sorts: one Vicountiel, so called, because it is directed to the Shyreeue, and is not returnable but to be determined in the countie: The forme whereof differeth from the other, because it hath not these words: Quare vi & amis, &c. and this see in Fitzh. nat. br. fol. 85. G. The other is termed a writ of trespasse vpon the case, which is to be siewed in the common Bank, or the Kings Bench, in which are alwaies vsed these words vi & armis, &c. And of this you haue Fitzh. nat. br. fol. 92. E. See Trespas. See the di∣uers use of this writ in the Re∣gister originall, in the table.

Transcript, anno 34. & 35. H. 8. cap. 14. is the copy of any o∣riginall writen againe or ex∣emplified.

Transcripto Recognitionis factae coram Iusticiariis itiner antibus, &c. is a writ for the certifiing of a Recognisance, taken before Iu∣stices in Eire, into the Chaun∣cery, Register orig fol. 152. b.

Transcripto pedis finis levati mittendo in Cancellariam, is a writ for the certifiing of the foote of a fine leuied before Iustices in Eyre, &c. into the Chauncerie, eodem. fol. 169. & Register Iudici∣all, fol. 14.

Travers, cōmeth of the French (Traverser. i. transfigere) It sig∣nifieth in our common lawe sometime to denie, sometime to ouerthrow, or vndoe a thing done. Touching the former signification take these words in Wests symbol. parte 2. titulo Chaun∣cery, sect. 54. An answer (saith he, speaking of an answer 〈◊〉〈◊〉 a bille in Chauncerie) is that, which the Defendant pleadeth or saith in barre to avoide the plantiffes bille, or action, either by confession and avoi∣ding, or by denying and traver∣sing the materiall parts thereof. And againe, sectio. 55. A replicati∣on is the plaintifles speech or answer to the Defendants an∣swer, which must affirme and persiew his bille, and confesse

and auoide, deny or traverse the Defendants answer. And the formall words of this trauers are in Lawyers French (sans ceo) in Latine (absque hoc) in English (without that.) See Kitchin fol. 227. titulo Affirmatiue & Nega∣tiue. In the second signification I find it in Stawnfords praerog. cap. 20. through the whole chapter, speaking of trauersing an office: which is nothing else, but to proue, that an inquisition made of goods or lands by the Esche∣tour, is defectiue and vntruly made. So trauersing of an Indite∣ment, is to take issue vpon the chiefe mater thereof: which is none other to say, then to make contradiction, or to deny the point of the Enditement. As in presentment against A. for a high way ouerflowne with wa∣ter for default of scowring a ditch, which he and they, whose estate he hath in certain land there, haue vsed to scower and cleanse. A. may trauerse either the mater, viz. that there is no high way there, or that the ditch is sufficiently scowred: or otherwise he may trauers the cause, viz. that he hath not the land, &c. or that he and they whose estate, &c. haue not vsed to scoure the ditch. Lamb. Ei∣renarcha. lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin, fol. 240. See the new booke of Entries. verbo, Trauers.

Treason (traditio, vel proditio) commeth of the French, trahison, i. proditio) and signifieth an of∣fence committed against the amplitude and maiestie of the commonwealth. West parte 2. symbol. titulo Inditements. sect. 63. by whom it is there diuided into High treason, which other call altam proditionem, and petit treason. High treason he defineth to be an offence done against the securitie of the common wealth, or of the Kings most ex∣cellent Maiestie: whether it be by imagination, word, or deed: as to compasse or imagine trea∣son, or the death of the Prince, or the Queene his wife, or his sonne and heyre apparent, or to deflowre the Kings wife, or his eldest daughter vnmaried, or his eldest sonnes wife: or leuie war against the King in his Realme, or to adhere to his enemies, ay∣ding them, or to counterfeit the Kings great Seale, priuie Seale, or money, or wittingly to bring false money into this Realme counterfeited like vn∣to the money of England, and vtter the same: or to kill the Kings Chaunceler, Treasurer, Iu∣stice of the one bench, or of the other, Iustices in Eyre, Iustices of Assise, Iustices of oyer and termi∣ner, being in his place, & doing

of his office. anno 25. Ed. prim. ca. 2. or forging of the Kings seale manuell, or priuy signet, priuy seale, or forrein coine cur∣rent within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current, an. 5. Elizab. ca. 11. & anno 14. El. ca. 3. & 18. Elizab. ca. pri. and many other actions which you may read there and in other places particularly expressed. And in case of this treason a man forfeiteth his lands, and goods to the King onely. And it is also called treason Paramount. anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this. The Kings Sergeant after the verdict deliuered, craueth Iudge∣ment against the prisoner in the behalfe of the King. Then the Lord Steward (if the traitour haue bene noble) or other Iudge (if he be vnder a peere) saith thus: N. Earle of P. For so much as thou before this time hast bene of these treasons indited, and this day arraigned for thee same, and put thy selfe vpon God and thy peeres, and the Lords thy peeres haue foūd thee guilty, my Iudgement is that thou shalt from hence be con∣ueied vnto the Tower of Lon∣don, whence thou camest, and from thence drawne through the middest of London to Tiburne, and there hanged: and liuing thou shalt be cut downe, thy bowels to be cut out and burnt before thy face, thy head cut off, and thy body to be diuided in foure quarters, and disposed at the Kings Maiesties pleasure: and God haue mercy vpon thee.

Petit treason is rather descri∣bed by examples, then any where logically defined: as when a ser∣uant killeth his master, or a wife her husband, or when a secular or religious man killeth his pre∣late, to whom he oweth faith and obedience. And in how many o∣ther cases petit treason is com∣mitted. See Cromptons Iustice of peace. And this maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract. 2. cap. 3. nu. pri. & 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat. 3. cap. 4.

Treasure troue (The saurus in∣uentus) is as much as in true French (Tresor trouuè). i. treasure found: and signifieth in our com∣mon law, as it doth in the Ciuile law, idest, veterem depositionem pecuniae, cuius non extat memoria, vt iam dominum non habeat. l. 31 §. prim. Π. de acquir. rerum Dom. Neere vnto which definition commeth Bracton. lib. 3. tract. 2. cap. 3. num. 4. And this trea∣sure

found, though the ciuill lawe do giue it to the finder, according to the lawe of na∣ture; yet the lawe of England, giueth it to the King by his pre∣rogatiue, as appeareth by Bra∣cton vbi supra. And therefore as he also saith in the sixth chapter, it is the Coroners office to enquire therof by the coun∣trie to the Kings vse. And Stawn. pl. cor. lib. pr. cap. 42. saith, that in auncient times, it was doubt∣full, whether the concealing of treasure found were felonie, yea or not: and that Bracton calleth it grauem praesumptionem, & qua∣si crimen furti. But the punish∣ment of it at these dayes, as he proueth out of Fitzh. Abridg∣ment. pag. 187. is imprisonment, and fine, and not life and mem∣ber. And if the owner may any way be knowne, then doth it not belong to the kings prero∣gatiue. Of this you may reade Britton also; cap. 17. who saith, that it is euery subiects part, as soone as he hath found any trea∣sure in the earth, to make it knowne to the Coroner of the countrie, or to the Bayliffes, &c. See Kitchin also, fol. 40.

Treasurer, thesaurarius, com∣meth of the French (tresorier) i. quaestor, praefectus fisci) and signifi∣eth an Officer, to whom the trea∣sure of another, or others, is committed to be kept, and truly disposed of. The chiefest of these with vs, is the Treasurer of England, who is a Lord by his office, and one of the grea∣test men of the land: vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer, as also the checke of all Officers any way employed in the collecting of the Imposts, tributes, or other reuenewes belonging to the Crowne. Smith de Repub. An∣glor. lib. 2. cap. 14. more be∣longing to his office, see ann. 20 Ed. 3. cap. 6. & anno 31. H. 6. cap. 5. & anno 4. Ed. 4. cap. pri. & anno 17. eiusdom. cap. 5. & anno prim. R. 2. cap. 8. & anno 21. H. 8. cap. 20. & anno prim. Ed. 6. cap. 13. Ockams Lucubrations af∣firme, that the Lord chiefe Iu∣stice had this authoritie in times past: and of him hath these words: Iste excellens Sessor omni∣bus, quae in inferrore vel superiore scacchio sunt, prospicit. Ad nutum ipsius quaelibet officia subiecta dispo∣nuntur: sic tamen vt ad Domini Re∣gis vtilitatem iuste perueniant: Hic tamen inter caetera videtur excel∣lens, quod potest his sub testimonio suo breve Domini Regis facere fieri, vt de thesauro quaelibet sum∣ma liberetur, vel vt compu∣tetur quod sibi ex Domini Regis mandato praenouerit computandum, vel si maluerit, breve suum sub alio∣rum testimonio faciet de his rebus.

This high Officer hath by ver∣tue of his office at this day, the nomination of the Escheatours yeerely throughout England, and giueth the places of all cu∣stomers, controllers, and sear∣chers in all the ports of the Realme. He sitteth in the che∣quer chamber, and with the rest of the court, ordereth things to the Kings best benefite. He with the Barons may by statute stall depts of three hundred pounds and vnder. And by commission from his maiestie, he with others ioyned with him, letteth leases for liues or yeares, of the lands that came to the Crowne by the dissolu∣tion of Abbeys. He by his of∣fice giueth warrant to certaine men to haue their wine without impost. He taketh declaration of all the money payed into the Receipt of the Exchequer, and of all Receiuers accompts.

Then is there a Treasurer of the kings houshold, who is al∣so of the priuie Councell, and in the absence of the Steward of the Kings houshold, hath power with the Controller and the Ste∣ward of the Marshalsea, with∣out commission to heare and de∣termine treasons, misprisions of treasons, murder, homicide, and bloudshed, committed within the Kings pallace. Stawnf. pl. cor. lib. 3. cap. 5. In the statute anno 28. Rich. 2. cap. 18. & anno 11. H. 7. cap. 16. mention is made of the Treasurer of Calis. In Westm. 2. cap. 8. of the Trea∣surer of the Exchequer. & anno 27. Ed. 3. stat. 2. cap. 18. & ann. 35. Eliz. cap. 4. Of the Treasu∣rer of the Nauie, or Treasurer of the warres or garrisons of the Nauie. anno 39. El. cap. 7. Trea∣surer of the Kings chamber. anno 26. H. 8. cap. 3. & anno 33 eiusdem cap. 39. Treasurer of the warres. anno 7. H. 7. cap. prim. anno 3. H. 8. cap. 5. Treasurer of the Chauncerie. West. parte 2. symbol. titulo Fines. sect. 152. Treasurer of the Kings Ward∣robe. anno 15. Ed. 3. stat. prim. cap. 3. & anno 25. eiusdem, stat. 5. cap. 21. whose office you haue well set foorth in Fleta, lib. 2. cap. 14. Treasurer of the Coun∣tie for poore souldiers. anno 35. Eliz. cap. 4. And most corpora∣tions through the kingdome, haue an officer of this name, that receiueth their rents, and disburseth their common ex∣pences.

Treate commeth of the French (traire. i. emulgere) and signifieth in the common lawe, as much as taken out, or withdrawne. As a Iu∣rour was chalenged, for that hee might not dispend 40. pounds, and for that cause he was treate by the Statute. old na. br. fol. 159. that is, remoued or discharged.

Breade of treate, anno 51. H. 3. Statute of breade, &c. what it signifieth, I cannot learne.

Trespas (Transgressio) is a French word signifiing as much as Mors, obitus, excessiss. The rea∣son 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 vsed for any transgression of the lawe, vnder treason, fe∣lonie, or misprision of treason, or of felonie, as may be gathered out of Stawnf. pl. cor. fol. 38. where he saith, that for a Lord of the Parlament to depart from the Parlament without the kings licence, is neither treason nor fe∣lonie, but trespasse. And againe, fol. 31. saying, that where it was wont before the statute made anno prim. Ed. 2. called Statutum de frangentibus prisonam, that the breach of prison was felonie, if it were the Kings prison: it is sithence but trespasse, except the prisoner were committed for felonie. But it is most com∣monly vsed for that wrong or dammage, which is done by a priuate man to the King, as in his Forest, pl. cor. lib. 2. cap. 18. or to another priuate man. And in this signification it is of two sortes: trespasse generall, other∣wise termed, trespasse vi & ar∣mis: and trespasse especiall, other∣wise called trespasse vpon the case. And this seemeth to be without force. Termes of the Lawe. Action vpon the case, as appeareth by Kitchin, fol. 176. The former I take to be called generall, because it riseth from that generall ground in lawe, that whatsoeuer is done by any priuate mans humour vi & armis, is an offence. The later I call e∣speciall, because Kitchin calleth the other generall: and another reason may be this, because it springeth from a particular case or fact, not conteined vnder any other generall head. And the a∣ction lying for this trespasse, is otherwise called an action vpon the case, as may be gathered out of diuers places vnder the title Trespasse, in Brookes his Abridge∣ment. How to distinguish the forme of these writs or actions, See Fitz. nat. br. fol. 86. I. & 87. H. I. In an action of trespasse, this is perpetuall, that the plain∣tiffe sieweth for dammages, or the valew of the hurt cone vn∣to him by the Defendant. It seemeth an hard thing to distin∣guish these two kinds of tres∣passes so, as to be able to say when it is a trespasse vi & armis, and when vpon the case: as may well appeare to him that shall peruse this title in Brooke. But this is to be left to the experiēce

of graue and skilfull pleaders. I find moreouer in Kitchin, fol. 188 that there is a trespasse locall, and trespasse transitorie: trespasse locall is that, which is so annexed to a place certaine, as if the Defen∣dant ioyne issue vpon the place, and trauers the place, onely by saying, Absque hoc, that he did the trespasse in the place men∣tioned in the declaration, and a∣verre it, it is enough to defeate the action. Trespasse transitorie is that, which cannot be defeated by the defendants trauers of the place, saying: without that I cō∣mitted the trespasse in the place declared: because the place is not materiall. Examples of both you haue set downe by Kitchin, in the place aboue named, to this effect: trauers by (Absque hoc) of trespasse in batterie, or goods brought in, is transitorie, and not locall: as it is of trees cut, or herbes.

And therefore in trespasse transitorie the place shall not make issue, neither is it trauersa∣ble: no more then is a trespasse vpon a case of an Assumption. Bracton in his fourth booke, cap. 34. num. 6. diuideth transgressionē in maiorem & minorem: which place reade. See also great di∣uersitie of trespasses in the new booke of Entries. verbo Tres∣passe.

Triall (triatio) is vsed in our common lawe, for the examina∣tion of all causes ciuill or crimi∣nall, according to the lawes of our Realme. 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 furder enacted by the authoritie aforesaid, that all trials hereafter to be had, awar∣ded or made for any treason, shal be had and vsed according to the due order and course of the common lawes of this Realme, and not otherwise, &c. By this word (triall) saith Stawnf. in that place, some vnderstand as well the inquest that indicteth a man as the enquest vpon the arraign∣ment, that attainteth or acqui∣teth him. For these two make but one entire triall, that euery man is to haue, when he is im∣peached of treason. But others haue answered to this, that triall in common speech, is the triall that a man is to haue, after he is indicted, and not before. For in lawe the inditement is nought, but the accusation against him, which he is to make answer vnto and that being tried, it either attainteth, or acquiteth him. So that the triall is the issue, which is tried vpon the Inditement, & not the Inditement it selfe. For that is no part of the thing which trieth, but the thing which

is tried, and the offence. And so is this word Triall vnder∣stood in the statute, anno 33. H. 8. cap. 23. where it saith thus. must be indighted within the shires or places, where they committed their offences, and also tried by the Inhabi∣tants, or feeeholders. So he put∣teth a differen ce betwene In∣ditement and Triall, as he doth also afterward in these words: There to be indited and tried of their offences, &c. Thus far: Stawnf. Sir. Tho. Smith de Rep. Anglo. li 2. ca 5. saieth, that by order and vsage of England, there are three trialls, that is. 3. waies and maners, whereby ab∣solute, and definite Iudgement is giuen: by Parlament, which is the highest, and most absolute. by battell and great Assise: which he seuerally describeth in 3. chapters folowing, though not so fully as the thing requi∣reth. But of the great Assise, he speaketh at large in the 23. chapter of the same booke. And of these trials see more in Stawnf. pl. cor. lib. 2. cap. pri. 2. & 3. whereof he deuideth the great Assise into two sorts: one pro∣per to Baro•• of the Parlament, which is by 20. or 18. of their Peeres: 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 saide chapters there following. See Twelue men. See the new booke of Entrise. verbo. Triall.

Trihing (Trihinga, vel Tri∣thinga) seemeth by a place in Edward the confessours lawes, set out by M. Lamberd, nu. 34. to be the third part of a shire or prouince, otherwise called (Leth) which we now call (Leete). The same lawe doth M. Camden also mention, pag. 102. & 103. This court is ahoue a court Baron, and inferiour to the Shire, or countie. This word is also vsed in the sentence of excommunication vpon the great Charter and charter of the Forest. denounced in the daies of Edward the first, as it is latined in the booke called pupilla oculi. parte 5. cap. 22. A. I. in these words: Visus au∣tem de franco plegio sic fiat, sc: quòd pax nostra teneatur, & quod Trihing a integra sit, sicut es∣se consueuit, &c. Of this Fleta lib. 2. cap. 61. §. final. writeth thus; Sciendum est quod al•••• potestates erant super Wapentakia, quae Tritin∣ga dicebantur, eo quòd erat tertia pars prouinciae, qni verò super eas do∣minabantur, trithingreves voca∣bantur, quibus deferebantur causa quae non in Wapentakiis poterant de∣finiri in Schiram Sic{que} quòd vocatur

Hundredum, iam per variationem locorum & idiomatis, Wapenta∣kie appellatur, & tria vel quatuor velplura Hundreda solebant tri∣thinga vocari: & quod in trithingis non poterant diffiniri in shiram. i. in comitatum deferebatur termi∣nandū. Modernis autem temporibus pro vno & eodē habentur apud ho∣mines Hundreda Wapentakia & trithinga Learne whether those diuisions in Yorke-shire called ridings, be not quasitrithings. Of this Roger Houeden parte post. suorum annal. fo. 346. b. hath the same words in effect.

Treswell of double soled shooes, anno 2. & 3. Ed. 6. cap. 9. which as I haue heard should rather be written creswel, signifieth the broad edge or verge of the shoe sole round about.

Trinitie honse, is a certaine house at Deptford which belon∣geth to a companie or corpo∣ration of sea-faring men that haue power by the Kings Char∣ter to take knowledge of those that destroy sea markes, and to redresse their doings, as al∣so to correct the faults of say∣lers, &c. and to take care of di∣uers other things belonging to nauigation and the seas. v. anno 8. Elizab. ca. 13. & anno 35. eiusdem, ca. 6.

Trink, is a kind of net to fish withall. anno 2. H. 6. cap. 15.

Triours, be such as be chosen by the court to examine whe∣ther a challenge made to the panell, or any of the panell, be iust yea, or not. Brooke titulo. Cha∣lenge. f. 122. & ould na. br f. 158.

Tritis, aliás Tristis, is an im∣munitie from that attendance, in the forest, whereby euery man dwelling in the forest, is tyed to be readie, houlding of a Greyhound, when the Lord of the Forest is disposed to chace within his Forest, at such place as he shall be appointed, or els to be amerced for dis default. Manwood parte pri. of his forest lawes. pag. 86. and Cromptons Iurisdict. fol. 192. & 197.

Tronage (Tronagium) is a kind of tolle, Westm. 2. cap. 25. anno 13. Ed. 1. taken (as it seemeth) for weying. For I find in Fleta li. 2. cap. 12. §. Item vlnas that trona is a beame to weigh with. See Weight.

Trover, commeth of the French (Trouver. i. Invenire) It signifieth in our common lawe, an action which a man hath a∣gainst one that hauing found a∣ny of his goods, refuseth to de∣liuer them vpō demaund. See the new bookof Entries ver. Trover.

Troy weight (Pondus Troiae) See Weight.

Tumbrell (Tumbrellum) is an engine of punishment, which ought to be in euery libertie that hath view of frank pledge,

for the coertion of skowldes and vnquiet women, Kitchin. fo. 13. a. Newe booke of Entries. Franchise 2. & Quo warranto. 〈◊〉〈◊〉. See Cucking stoole.

Tunne, is a measure of oile or wine conteining twelue score and twelue gallons, anno 〈◊〉〈◊〉. R. 3. cap. 12. that is 4. hogs∣heads.

Tunnage. See Tonnage.

Turbarie (Turbaria) is an in∣terest to digge turves vpon a common. Kitchin, fol. 94. old. not. br. fol. 70. It commeth of the rude Latine word (Tur∣ba) which is vsed for a turfe. Lynd, in provin. de de••imis cap. fi∣nali••

Turmerick (Turmerica) is a certaine roote of an herb grow∣ing in Arabia, as I haue bene in∣formed, very wholsome for di∣uers diseases in horses, and some∣time vsed for man also in the case of ieandes. It is reckoned among the garbleable drugs anno 1. Iaco. ca. 19.

Turne (Turnum) is the Shy∣reeues court kept euery yeare twice: once after Faster, and a∣gaine after Micheelmas. Magna charta cap. 35. and that within one moneth after each feast, anno 3. Ed. 3. c. 15. from this court are exempted onely, Archbishops, Bishops, Abbots, Priors, Earles, Barons, all religious men, and women, and all such as haue Hundreds of their owne to be kept. And these are not bound to appeare there except their ap∣parence be especially required vpon some extraordinary cause, anno 25. H. 3. cap. 10. and Brit∣ton, cap. 29. It seemeth to be cal∣led the Shyreeues Turn of the French word (Tour. i. ambitus. circuitus, vicissitudo) and is of Britton called Tour, cap. 61. sub fi∣ne capitis, as if we would say (The Shyreeue his course) for (as Britton noteth in the said 29. chapter) that which before the Shyreeue, is called the Shyreeues Turne, is called in the court of Fraunchises and Hundreds, the view of Frank-pledge: wherein inquirie is especially made of such as be not in any dozin. with whome Fleta agreeth: And by Fleta it appeareth that this Turn was the Shyreeues course to keepe his courtin e∣uery Hundred. lib. 2. cap. 52. in princip. So that as the inferiour courts had their times to take knowledge of those, and other causes belonging to their cog∣nisance: So the Shyreeue had his course or turne to doe the like at these two seuerall seasons. That if there were any defects in them, it might be redressed in these, and Gods peace and the Kings so much the more carefully obserued. This, as Lamberd saith, was of old called

also the Shyreeues moote, lib. 4. cap. 4. In this court (as Britton saith vbisupra ) the Shyreeue causeth tobe found out 12. of the most sage, loyall and suffi∣cient men of all the Hundred (for he kept his turne twice every yeare in each Hundred. Magna charta, cap. 35. & Brit∣ton vbi supra) whome he char∣ged vpon their oathes, to pre∣sent the truth touching the ar∣ticles ministred vnto them, and set downe by Britton in the same chapter. This done he put all other to their oathes, accor∣ding to their dozins and villa∣ges; truly to present vnto the former twelue all things con∣cerning such articles, as by them they should be asked of. But fithence the Hundred courts are all called to the county by the statute anno. 14. Ed. 3. cap. 3. Statut. pri. these Turnes be like∣wise kept in one cheife place of euery shire; and not seuerally in euery Hundred, as before they were. Of this you may reade more in Britton or in Cromptons Iurisdiction fol. 230. and in the Mirrour of Iustices, lib. pri. cap. de Turnes.

Turney (Torneamentum) com∣meth of the French (Tournoy. i. Decursorium) It signifieth a mar∣tiall exercise of Knights or Souldiers fighting one with a∣nother in disport, and is thus defined. ca•• felicit Extra de Tor∣neamentis Torneamenta dicuntur Nundinae vel feriae, in quibus milites ex condicto convenire, & ad often∣tationem virium suarum, & auda∣ciae, temerè congredi solent. This word is vsed in the statute, an∣no. 24. Henric. octau. capit. 13. and as I haue heard, it signifieth with vs in England those combats, that are made with arming swords on horse∣backe. And I thinke the reason of the name to proceede from the French (Tourner. i. vertere) because it consisteth much in agilitie both of horse and man.

Turno vececomitum, is a writ, that lyeth for those that are cal∣led to the Shyreeues turne out of their owne Hundred. Register o∣rig. fol. 174.

Tuain nithes gest. (hospes dua∣rum noctium) Roger Houeden, par∣te poster suorum annalium, fol. 345. b. who if he did harme to any, his hoste was not aunswerable for it, but himselfe. See Thrid ni∣thes hawan man.

Twelue men (Duodecim homines legales) is a number of twelue persons, or vp wards to the num∣ber of 24. by whose discretion all tryals passe both in ciuill and criminall causes, through all courts of the common law in this Realme. First for ciuile cau∣ses, when proofe is made of the

mater in question, as the parties and their councell thinke good, on both sides, the point of the fact, that they are to giue their verdict of, is deliuered likewise vnto them, which we call the issue: and then are they put in minde of their oath formerly taken, to doe right betweene party and party, and so sent out of the court seuerally by them∣selues to consider vpon the evi∣dence of both sides, vntill they be agreed; which done they re∣turne to the court againe, and deliuer their verdict by the mouth of the foreman. And ac∣cording to this verdict, Iudge∣ment afterward passeth, either condemnatorie for the plantife, or absolutory for the Defen∣dant. These 12. be called 12. milites. Glanuilo, lib. 2. cap. 14. & 15. and so be they in Bracton diuers times: but that word is altered.

In causes criminall there be two sorts of Enquests, one called the graund Enquest, and the other the Enquest of life and death. The graund Enquest is so called, either because it con∣sisteth commonly of a greater number then 12. as of 24. 18. or 16. at the least, or els because all causes criminall or penall first passe through them: whereas the other Enquest is e∣specially appointed for one or few maters touching life and death, committed to their consi∣derations. Those of the grand Enquest are also called by Bra∣cton 12. milites lib. 3. tracta. 2. cap. pri. nu. 2. because they were wont to be Knights, as it see. meth, and not inferiours, except so many knights could not be found. Idem eodem. num. 1. in fine. And their function is to receiue all presentments made vnto them of any offence, and ac∣cordingly to giue their generall opinion of the presentment by writing either these words (Balla vera) vpon the bille of present∣ment, which is an Inditement of the party presented: or els this word (Ignoramus) which is an absoluing of him. Now as cri∣minall causes be of two sortes, either capitall touching life and member, or finable: so is there a double course of these Indite∣ments. For in causes onely fina∣ble, the party indited must ei∣ther trauers the Inditement by denying it and so it is referred to a petit Iury, whereby he is either conuicted or discharged of the crime, or els he confessing it, the court setteth his fine vpon his head wirhout more worke. But in maters of life and death, the party indited is commaunded to hold vp his hād, & āswer (guilty) or (not guilty) if (guilty) he stan∣deth conuicted by his owne con∣fession:

if (not guilty) he is far∣der referred to the Enquest of life and death: which consider vpon the proofe brought a∣gainst the prisoner, and accor∣dingly bring in their verdict, (Guilty) or (not Guilty) So is he iudged to dye, or deliuered by the court. Of this read more in Iuditement. Assise, Iury, See the statute anno 35. H. 8. cap. 6. & 37. ciusdem cap, 22. & anno 2. Ed. 6 cap. 32. & an. 5. El. ca. 25.

V

VAcation (vacatio) hath an especiall signification in this kingdome, being vsed for all that time respectiuely which passeth betweene terme and terme at London. And when such times begunne and ended in our anncesters daies, see Roger Hovedens annals parte posteriori fo. 343. a. where you shall find that this intermission was called (pax Dei & ecclesiae.)

Vaccarie, aliâs vacharie (vac∣caria, aliâs vacheria) semeth to be a house to keepe kine in, Fleta lib. 2. cap. 41. §. Item inquira∣tur 12. and Cromptons Iurisd. fol. 194. in these words: without warrant no subiect may haue within the Forest a vacarie. But in the statute anno 37. H. 8. cap. 16. I finde vacharie to be, as it were a speciall proper name of a certaine quantitie and com∣passe of ground within the fo∣rest of Ashedowne.

Valewe (valentia, valor) The word is in it selfe plaine enough: But I cannot omitte one place in M. West. parte. 2. symbol. titu∣lo Inditements, sect. 70. V. W. tou∣ching the difference betweene value and price. These be his words, And the value of those things, in which offences are committed, is vsually compri∣sed in Inditements, which see∣meth necessary in thest, to make a difference from perit larce∣ny: and in trespas, to aggrauate the faulte, and increase the fine. But no price of rhings ferae na∣turae, may be expressed, as of deere, of hares &c. if they be not in Parks and warrens, which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land. And where the number of the things taken are to be expressed in the Inditement, as of yong Doucs in a Doue house, yong haukes in a wood, there must be saide (pretii) or (ad valentiam) but of diuers deade things (ad valentiam) and not (pretii) of coine not current, it shalbe (pretii) but of co••ne current, it shall neither be saide (pret••) nor (ad valentiam) for the price and value thereof is cer∣taine. But of counterfeit coine, shall bee said (ad valentiam) and in couterfeiting of coine shall not be said (decem libras in dena∣riis

Dominae Reginae) nor (in pecu∣nia Dominae Reginae) but (ad instar pecuniae Dominae Reginae).

Valour of mariage (Valore ma∣ritagii) is a writ that lyeth for the Lord, hauing profered co∣venable mariage to the Infant, without disparidgement, against the Infant, comming to his yeares, if he refuse to take the Lords offer. And it is to recouer the value of the mariage, Regist. orig. fol. 164. old. nat. br. fol. 90.

Variance, commeth of the French (varier. i. alter are) it signi∣fieth in the common lawe, an al∣teration, or change of condition after a thing done. For exam∣ple, the communality of a towne make a composition with an Ab∣bot. Afterward this towne by a graunt from the king obteineth Bayliffes. This is a variance, and in this case, if the Abbotcōmence any suite for breach of the com∣position, he must varie from the words of the communalty set downe in the Composition, and begin against the Bayliffes and the Communalties. Brooke tit. Variance. fol. 292. It is also vsed for an alteration of some thing formerly laide in a plee, which is easilier knowne what it is, then when it may be vsed as it appeareth by Brooke through the whole title aforesaide: See variance in the newe booke of Entries.

Vassall, (vassallus) signifi∣eth him, that holdeth land in see of his Lord, Hot. verbo Feu∣dal: we call him more vsually a tenent in fee: whereof some owe fidelitie and seruice, and are called vassalli iurati: some that owe neither, and are called vas∣salli iniurati. But of this later sort, I thinke that in England we haue not any. Of these thus writeth Hotoman in his dispu∣tations vpon the Feuds, cap. 3. Propriè is vassa dicitur, qui ab Impe∣ratore regale feudum accepit, vas∣sallus autem 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 di∣minutivo nomine qui ab illo feudale beneficium adeptus est: quasi qui in vassi fide & clientela est &c. M. Skene de verbor. signif. verb. Ligentia, saith, that vassallus is diuided into homologum, & non homologum. Homologus is he that sweareth seruice with exception of a higher Lord: and non ho∣mologus, is he that sweareth with out exception, all one with Li∣geus. And the same author verb. Vassallus, saith, that it is vassal∣lus, quasibassallus, id est, inferior soctus. From the French (bas. i. humilis, dimissus) and the Dutch word (gesel. i. socius:) his reason is, because the vassall is inferior to his master, and must serue and reuerence him: and yet he is in maner his companion, be∣cause each of them is obliged

one to the other. He saith farder out of Cuiacius, lib. prim. de Feud. that leades, leodes, fideles, homines nostri, feudatarii, ministeriales, be∣neficiarii, beneficiati, vassalli, sig∣nifie almost all one thing. And a litle after he saith thus: In the lawes of the Feuds, vassallus is called fidelis, quia fidelitatem iu∣rat. Amongst vassals the first place of dignitie is giuen to them, that are Duces, Marchio∣n••s, Comites, and are called Ca∣p••tanti Regni. The second is gran∣ted to Barons and others of like estate, and are called Valvasores Maiores. The third to them who are called Gentlemen or Nobles holding of Barons, which also may haue vnder them vas∣sals that be Gentlemen. And such vassals holding in chiefe of Barons, are called Valv aso∣••ts minores. And they which hold of Gentlemen, are called vas∣salli, valvassini, seu minimi valva∣sores. But in this Realm (he spea∣keth of Scotland) they that hold of Barons, are called Milites, and they that hold of them, are cal∣led subvassores. Thus fa••e M. Skene.

Vasto, is a writ that lyeth for the heire against the tenent for terme of life or of yeares, for making waste, or for him in the Reuersion or Remainder. Fitzh. 〈◊〉〈◊〉. br. fol. 55. Regist. orig. fol. 72. & 76. and Regist. Iudic. fol. 17. 21. 23. & 69. v. anno 6. Ed. pri∣cap. 5.

Vavasour (vavasor, aliâs, valva∣sor) is one that in dignitie is next vnto Baron. Camden Britan. pag. 109. Bracton lib. prim. cap. 8 saith thus of this kind of men. Sunt & alii potentes sub Rege, qui dicuntur Barones, hoc est, robur belli: sunt & alii qui dicuntur Va∣vasores, viri magnae dignitatis. Vavasor enim, nihil meliùs dici po∣terit, quàm vas sortitum ad vale∣tudinem. Iacobutius de Franchis in praeludio Feudorum. tit. prim. num. 4. &c. calleth them valvasores, and giueth this reason of it: Quia assident valva i. portae Domi∣ni in festis, in quibus consueueruat homines curtizare & eis reueren∣tiam exhibere, propter Beneficium eis collatum, sicut libertus patrono: M. Camden. in his Britan. pag. 108. hath these words of them. Primus etiam Normannorum tem∣poribus, & Thani proximi à Comiti∣bus in dignitate censebantur. Et val∣vasores maiores (si illis qui de feudis scribunt credimus) iidem fuerunt Barones.

Venditioni exponas, is a writ Iu∣diciall, directed to the Vnder∣shyreeue, commaunding him to sell goods that he hath formerly by commaundement taken into his hands, for the satisfying of a iudgement giuen in the kings Court. Register Iudicial. fol. 33. b.

Venire facias, is a writ Iudicall, and goeth out of the Record, lying where two parties plead and come to issue. sc: vpon the saying of the country. For then the party plaintiffe, or Defen∣dant shall haue this writ directed to the Shyreeue, that he cause to come twelue lawfull men of the same country, to say the truth vpon the sayd issue taken. And if the Enquest come not at the day of this writ returned, then shall goe a habeas corpora, and after a distresse vntill they come. old. nat. br. fol. 157. See how di∣uersly this writ is vsed in the ta∣ble of the Register Iudiciall. There is also a writ of this name, that is originall, as appeareth in the Register orig. fol. 200. b. which M. Lamberd in his processes an∣nexed to his Eirenarcha saith to be the common proces vpon a∣ny presentment not being felo∣ny, nor especially appointed for the fault presented by statute. Whereof he setteth downe an example in the same place. See also the new booke of Entries. verbo Enquest fol. 253. columna. 1. 2. & 3.

Venire facias tot matronas. See Ventre inspiciendo. See Lamb. Ei∣renarcha, li. 4. ca. 14. pa. 532.

Venew (vicinetum) is taken for a neighbour or neare place. As for example twelue of the Assise ought to be of the same Venew where the Demaund is made. old. nat. br. fol. 115. and in the statute anno 4. H. 4. ca. 26. & anno 25. H. 8. ca. 6. I finde these words: And also shall returne in euery such panell vpon the (ve∣nire facias) sixe sufficient Hun∣dreders at the least, if there be so many within the Hundred, where the Venew lyeth.

Ventre inspiciendo, is a writ for the search of a woman that faith shee is with childe, and thereby withhouldeth land from him that is the next heire at the com∣mon law. Register originall fol. 227. a.

Verdour (viridarius) commeth of the French (verdior. i. Saltua∣rius, vel custos nemoris) he is (as M. Manwood parte pri: of his fo∣rest lawes pag. 332. defineth him) a Iudiciall officer of the Kings forest, chosen by the King, in the full county of the same shire, within the forest, where he doth dwell, and is sworne to maintaine, and keepe the Assises of the forest, and also to view, receiue, and inrolle, the Attachments and presentments of all maner of trespasses of the forest of vert, and venison. And the same authour vpon the first artitle of Canutus charter, in the beginning of the same part, saith, that these in the Saxons times were called (Pagened) be∣ing foure in number, and they

chiefe men of the forest as then they were. Their fee was in Canutus time, each of them euery yeare of the Kings allowance, two horses, one of them with a saddle, another of them without a saddle, one sword, fiue Iaue∣lins, one speare, one shield, and ten pounds in money. These foure (as appeareth by the said charter, nu. 11.) had regalem pote∣statem, and might proceede to a threefold iudgement: And if a∣ny man offered them, or any of them violence, if he were a free man, he should loose his free∣dome, and all that he had: if a villein, he should loose his right hand. All the officers of the fo∣rest were to be corrected and punished by them. ibidem, nu. 10. The verdour is made by the Kings writ. Cromptons Iurisd: fol: 165. the forme of which writ you haue in Fitzh. nat. br. fol. 164. which is directed to the Shyreeue for the choice of him in a full County, by the as∣sent of the said County. Yet if a verdour bee sodainely sicke or dead at the time of the Iustice seate, a new may be chosen without a writ. Manwood parie prim. pag. 72. the office is (as Crompton saith) loco allega∣to) properly to looke to the vert, and to see that it be wel main∣tained. Also when any forfei∣ture is taken in the Forest be∣fore the Foristers, or other mi∣nisters: the price thereof shall be deliuered to the verdour, who is to answer for it before the Iu∣stices in Eyre. And if he die, his heire is chargeable therewith. Crompton ibidem. The forme of his oath at his admittance you may see in Manwoods first part of his Forest lawes. pag. 51. who there calleth him verderour, aliâs, verdictor. You shall truly serue our Soueraigne Lord the King in the office of a verderor of the Forest W. you shall to the vttermost of your power, and knowledge, do for the profit of the King, so farre as it doth apperteine vnto you to do. You shall preserue and maintaine the auncient rights and franchises of his Crowne: you shall not conceale from his Maiestie any rights or priuiledges, nor any offence either in vert or venison, or any other thing. You shall not withdraw, nor abridge any defaults, but shal endeuour your selfe to manifest and redresse the same, and if you cannot doe that of your selfe, you shall giue knowledge thereof vnto the King, or vnto his Iustice of the Forest. You shall deale in∣differently with all the Kings liege people: you shall execute the lawes of the Forest, and do equall right and iustice, as well vnto the poore, as vnto the rich

in that appertaineth vnto your office: you shall not op∣presse any person by colour thereof, for any reward, fauour or malice. All these things you shall to the vttermost of your power obserue and keepe. Their office is farder expressed, eodem pag. 93. which is to sit in the court of attachment, to see the attachments of the Forest, to receiue the same of the Fo∣resters and Woodwards, that do present them, and then to enter these Attachments into their rolles.

Verdict, (veredictum) is the an∣swer of a Iurie or Enquest made vpon any cause ciuill or crimi∣nall, committed by the court to their consideration or triall. And this verdict is two-fold: either generall or especiall. Stawnf. pl. cor. lib. 3. cap. 9. A general ver∣dict is that, which is giuen or brought into the Court, in like generall termes to the generall issue: as in an action of disseisin the Desendant pleadeth, No wrong, no disseisin. Then the issue is this in generall, whether the fact in question be a wrong or not. And this committed to the Iurie, they vpon consideration of their eui∣dence, come in and say, either for the plaintiffe, that it is a wrong, and disseisin: or for the Defendant, that it is no wrong, no disseisin. And againe, the pri∣soner at the barre pleading, Not guiltie: the Enquest in like ge∣nerall termes bring in their ver∣dict, either for the King, Cuilty, or for the prisoner, Not guilty. A speciall verdict is that, where∣by they say at large, that such a thing, and such, they find to be done by the Defendant, or Tenent, so declaring the course of the fact, as in their opinions it is proued: and for the quali∣tie of the fact, they pray the dis∣cretion of the Court. And this speciall verdict, if it containe any ample declaration of the cause, from the beginning to the end, is also called a verdict at large. Whereof reade diuers examples in Stawnf. pl. cor. lib. 3. cap. 9. and one or two in Litleton. fol. 78. & 79. See the new booke of Entries, verb. Verdict.

Verge (virgata) may seeme to come from the French (verger i. viridarium, hortus.) It is vsed here in England for the com∣passe about the Kings court, that boundeth the iurisdiction of the Lord Steward of the Kings houshold, and of the the Coroner of the Kings house, and that seemeth to haue bene 12. miles compasse. anno 13. R. 2. Stat. prim. cap. 3. & Fitz. nat. br. fol. 241. B. and Britton. fol. 68 b. 69. a. and Fleta lib. 2. cap. 2. and Sir Edward Cookes Reports. li. 4. fol. 47. a. For this see the Sta∣tute

anno 33. H. 8. cap. 12. to∣ward the end. But Fleta saith, that this compasse about the Court is called virgata, a virga, quam Marishallus portat vt signū suae potestatis. lib. 2. cap. 4. §. prim. Verge hath also another signifi∣cation, and is vsed for a sticke, or rodde, whereby one is ad∣mitted tenent, and holding it in his hand sweareth fealtie vnto the Lord of a maner: who for that cause is called Tenent by the verge. old nat. br. fol. 17.

Vergers, (virgatores) be such as cary white wands before the Iu∣stices of either banke, &c. Fleta lib. 2. cap. 38. otherwise called Porters of the verge.

Very Lord, and very Tenent (ve∣rus Dominus, & verus Tenens) are they that be immediate Lord & Tenent one to the other; Brooke. titulo, Hariot. fol. 23. In the old nat. br. and in the writ (Re∣plegiare de averits. fol. 42. I find these words: And know ye that in taking of leases, six things are necessarie: that is to say, very Lord and very tenent, Seruice behind, the day of the taking, seisin of the seruices, and within his Fee. And know ye, that a man is not very tenent, vntill he haue atturned to the Lord by some seruices. So that by Brooke, the very Lord, and the very Tenent, must be immediate, and by this booke there must be an acknowledgement. See an. 19. H. 7. cap. 15. See Tenent.

Vert, (viride) is made of the French (verd. i. viridis) and sig∣nifieth with vs in the lawes of the Forest, euery thing that doth growe, and beare greene leafe, within the Forest, that may co∣uer and hide a Deere. Manwood in the second part of his Forest lawes, fol. 6. a. and fol. 33. b. (with whom also Crompton agre∣eth, fol. 170. of his Iurisd.) And vert (as the same author saith, eodem, fol. 34.) is diuided into Ouer vert, and Neather vert. O∣uer vert, is that, which the Law∣yers call (Hault bois) and Nea∣ther vert, is that which they cal (South bois.) And of this you may reade him in his second part of Forest lawes. cap. 6. per totum. Where you shall find, that he diuideth vert into generall, and speciall: Generall is, as it is aboue defined: vert speciall, is e∣uery tree and bush within the Forest to feed the Deere withall: as Peare trees, Crabtrees, Hau∣thornes, Blackbush, and such like. And the reason of this name is, because the offence of destroying of such vert, is more highly punished, then of any o∣ther, according to the quantity thereof. eod ca. 6. nu. 2. fol. 35. a.

Vervise, otherwise called Plonkets. anno. 1. R. 3. cap. 8. a kind of clothe.

Vesses. anno 1. R. 3. cap. 8. & anno 14. & 15. H. 8. cap. 11. o∣therwise called, Set clothes.

Vesture (vestitura) is a French word signifying a garment: but in the vse of our common lawe, turned metaphorically to beto∣ken a possession, or an admit∣tance to a possession. So it is ta∣ken, Westm. 2. c. 25. anno 13. Ed. prim. And in this signification is it borowed from the Feudists, with whom (Investitura) signifi∣eth a deliuerie of possession by a speare, or staffe, and vesti∣tura, possession it selfe. Hotoman. in verbis feudal. verbo Investi∣tura.

Vesture of an acre of land. an. 4. Ed. prim. stat. prim. is the pro∣fit of it. & anno 13. Edvard. 1. cap. 25.

Vice-treasurer of the Exchequer 1. Iacob. 26. See Vnder-treasurer of England. See Treasurer of the Exchequer.

View of frank pledge, (visus Franci plegii) is the office which the Shyrecue in his Countie court, or the Bayliffe in his Hun∣dred, performeth in looking to the Kings peace, and seeing that euery free man be in some pledge. This is called of Bracton li. 2. ca. 5. nu. 7. in fine, Res quasi sacra, quia solam personam Regis respicit, & quòd introductus sit pro pace & communi vtilitate. codem, ca. 16. nu. 8. in fine. See frank pledge, and Leete, and Decennier. See the new booke of Entries. verb: view of frank pledge.

Veiours (visores) commeth of the French (Veoyr. i. cernere, intu∣eri, despicere, prospicere, videre) and signifieth in our common lawe those, that are sent by the court to take view of any place in question, for the beter descisi∣on of the right: old. nat. br. fol. 112. So doth Bracton, vse it, lib. 5. tract. 3. cap. 8. per totum. It signifieth also those, that are sent to view such as essoine themselues de malo lecti, whether they be in truth so sicke, as they cannot appeare, or whether they counterfeit. Bracton lib. 5. tracta. 2. cap. 10. & cap. 14. per totum. Lastly it is vsed for those that are sent or appointed to view an offence, as a man mur∣dered, or a Virgin rauished. See View.

Vicario deliberando occasione cuinsdam Recognitionis, &c. is a writ that lyeth for a spirituall person imprisoned vpon forfei∣ture of a Recognisance, without the Kings writ. Reg. orig. fol. 147. See statuto mercatorio contra personam ecclesiasticam.

Vicis & venellis mundandis, is a writ that lyeth for a Maior and Bayliffes of a towne, &c. For the cleane keeping of their streets. Register orig. fol. 267. b.

View (visus) commeth of the

French (veue. i. visus, aspectus, conspectus, prospectus) and signifieth with vs, the act of viewers. For (as the author of the Termes of lawe saith) when any action reall is brought, and the Tenent knoweth not well what land it is, that the Demandant asketh, then he may pray the view: that is to say, that he may see the land, which is claimed: of this Britton speaketh, cap. 45. This point of proceeding we haue receiued from the Normans, as it appeareth by the Grand custumarie. cap. 66. where you shall reade to this effect. It is to be knowne that there bee diuers sorts of viewes: one of a fee, another of a man in sicknes, another of an offence, as of a man slaine, or of a Virgin deflowred: all which he describeth in that place, and againe, cap. 80. & 96. which are worth the reading: this view at this day is vsed in an Assise of rent seruice, rent charge, or rent seck. Fitzh. nat. br. fol. 178. D. and in a writ de Curiā clau∣denda. Idem, fol. 128. B. In a writ of Nusance. Idem, fol. 183. L. N. O. In a writ Quoiure. Idem. fol. 128. L. In the writ de rationalibus diuisis. Idem. fol. 129. D. And in the writ de secta ad moliendinum. Idēf. 123. B. See the new booke of Entries: verbo: View. and see Fleta how this view is made. lib. 4. ca. 6. See Veiours.

Vicechamberlaine, called vn∣derchamberlaine anno 13. R. 2. stat. 2. cap. 1. is a great officer in court next vnder the Lord Chamberlaine, and in his ab∣sence, hath the command and controlmēt of all officers superi∣or & inferior whatsoeuer, apper∣taining to that part of his ma∣iesties houshold, which is called the chamber, wherein is included as well the bedde chamber, as the priuy chamber, the presence and the great Chamber, and all other roomes, as galeries, &c. thereto belonging, with the Councell chamber, priuic closet, &c. And in the Lord Chamberlaines absence he kee∣peth his table in the great cham∣ber, commanding and oversee∣ing the attendance of all, to whome it appertaineth to be ready and waiting on his maie∣stie going to the chapell, or to speake with ambassadours, or els walking or riding forth.

Vicount, aliâs Viscount (vice∣comes) commeth of the French (vicompte. i. Procomes) and signi∣fieth with vs as much as Shy∣reeue. Betweene which two words I finde no other diffe∣rence, but that the one com∣meth from our Conquerours the Normans, and the other from our Auncesters the Saxons, wherefore see

more of this in Shyreeue. Vi∣count also signifieth a degree of nobility next vnto an Earle, which (as M. Cam. Brita. p. 107. saith) is an old name of office, but a newe one of dignitie, neuer heard of amongst vs, vntill Hen∣ry the sixth his daies. But this degree of honour is more aunci∣ent farre in other countries. Cassan in gloria mundi, parte 5. con∣sid. 55. whome you may reade.

Vicountie, is an adiectiue made of vicountiè, and signifieth as much, as belōging to the vicount; as writs vicountiel are such writs as are triable in the countie or Shyreeues court. old. nat. br. fol. 109. Of this kinde you may see diuers writs of Nusance set downe by Fitzh. in his nat. br. fol. 184. b. There be also cer∣taine fermes called Vicountiels, which the Shyreeue for his time payeth a certaine rent for to the King, and maketh what profit he can of them. See the statutes, anno 33. & 34. H. 8. ca. 16. & anno 2. & 3. Ed. 6. ca. 4. and anno 4. H. quint. capite secund.

Vilaica removenda, is a writ that lyeth for the remooving of forcible possession of a benefice kept by lay men. And this writ is graunted some time vpon the Certificate of the Bishop into the Chauncerie, that there is such a force in his Dioces: some time vpon a surmise made there of by the Incumbent himselfe, without the certificat of the Bi∣shop, and hath a seuerall forme for either case. Fitzh. nat. br. fol. 54. Register orig. fol. 59. & 60.

Villanis Regis subtractis redu∣cendis, is a writ that heth for the bringing back of the kings bondmen, that haue beene caried away by others out of his maners, wherevnto they belonged, Register origin. fol. 87. b.

Villein (villanus) commeth of the French (vilain. i. illiberalis, impurus, vilis, turpis) and signifi∣eth in our common lawe a bondman, or as much as Servus among the Ciuilians. Of these there be two sorts in England, as Sir Tho. Smith saith in his repub. Anglo. li. 3. cap. 8. one termed a Villein in grosse, which is im∣mediately bound to the per∣sons of his Lord and his heires, the other a villein regardant to a maner, whome the Ciuili∣ans terme (Glebae ascriptitium) being bound to their Lord, as members belonging and an∣nexed to such a maner, where∣of the Lord is owner. This di∣uision is affirmed by diuers places of our common lawe writers: as in the old. nat. br. fol. 8. You haue these words. Know ye that a woman shall

be indowed with a villein in grosse, &c. and againe. fol. 39. If a man doe menace or threa∣ten any villeins, which are regar∣dant to a maner, &c. Bracton hath another diuision of villeins, which is all one with the Ciui∣lians. For in his first booke, cap. 6. nu. 4. he saith thus: Serui autem nascuntur aut fiunt, and then thus goeth forward: Nascuntur ex nativo & natiua alicuius copu∣latis vel solutis, sive sub potestate Domini constituti sint, sive extra potestatem. Item nascitur seruus, qui ex natiua soluta generatur, quamvis ex patre libero: quia sequitur condi∣tionem matris quasi vulgò concep∣tus, &c. And after diuers things deliuered of this sort, he saith againe thus: Fiunt etiam servi liberi homines captivitate de iure Gentium: &c. Fit etiam servus liber homo pro confessionē in Curia Regis factam: vt cum liber homo sit in Curia Regis, & se cog∣noscat ad villanum. Item liber ho∣mo fit servus, si cum semel ma∣numissus fuerit, ob ingratitudinem in seruitutem reuocetur. Item fit liber homo seruus, cùm ab initio clericus vel monachus factus fuerit, postea ad secularem vitam redierit. Quia talis restitus debet Domino suo. v. Tiraquellum de Nobilitate. cap. 2. pag. 14. num. 54. In very many provinces of Fraunce there be certaine men called (homines ma∣nus mortuae, qui tanta iuris simili∣tudine adscriptiis colonis coniuncti, & prope iidem videntur. Non au∣tem serui sunt omnino, sed in terri∣torio domini sunt, tanquam alliga∣ti, non habentes demigrandi pote∣statem. Ita{que} serui corporis & pro∣secutionis vulgò dicuntur, quòd si fugerint, potest eos profequi domi∣nus & capere. Tributum antem isti & nonnullas commoditates domino praestant: in quibus haec maxima, quod ipsis vita functis sine sobole, succedit dominus vel ex toto vel ex parte. Connanus. li. 2. cap. 10. num. 3. whose words I thought not vnfit for this place, because they expresse the nature of our villenage somthing aptly.

Villein fleeces: anno 31. Ed. 3. cap. 8. are fleeces of wolle that are shorne from scabbed sheepe

Vidimus, anno 15. H. 6. ca. 3.

Villenage (Villenagium) com∣meth of (villein) and signifieth a seruile kinde of tenure belon∣ging to lands or tenements; that is, a tenure of lands or tene∣ments, by such a seruice, as vil∣leins are fittest to performe. For euery one that houldeth in ville∣nage, is not a villein, or a bond man. Villenagium vel seruitium nihil detrabit libertatis, habit a ta∣men distinctione, vtrum tales sint vil∣lani, & tenuerint in villano soccagio de dominico Domini Regis. Bracton, lib. pri. ca. 6. nu. pri. Britton in his 66. chapter speaketh to this

effect: Villenage is a tenure of the demesns of a Lord deliuered to a Tenent at the Lords will, by villenous seruices, to improoue it to the Lords vse, and deliue∣red by the rodde, and not by a∣ny title of writing, or succession of inheritance, &c. And a litle after he hath words to this effect: In the maners of our auncient Demesns, there be pure villeins both by blood and tenure: the which may be cast out of their tenement, and depriued of their chatels, at the pleasure of the Lord. By which two places I ga∣ther, though villein tenure doe not alway make the Tenent a villein: yet that there is a two fold tenure called villenage: one wherin both the persō & the te∣nure is bound, and in all respects at the disposition of the Lord: and another, which in respect of the tenure is after a sort ser∣uile, though the person be not bond. This is well proued by Bracton, li. 2. ca. 8. nu. 3. in these words. Item tenementum non mu∣tat statum liberi, non magis quam serut: Poterit enim liber homo tene∣re purum villenagium, faciendo quicquid ad villanum pertinebit, & nihilo-minus liber erit, cum hoc fa∣ciat ratione villenagii, & non perso∣nae suae: & ideo poterit, quando volu∣crit, villenagium deserere, & liber discedere, nisi illaque atus sit per vxo∣rem natiuam ad hoc faciendum. ad quam ingressus fuit in villenagium, & quae praestare poterit impedimen∣tum, &c. So that a man may hould in pure villenage, and yet be a free man in respect of his person. But what is pure ville∣nage? Bracton aunswereth in the words there next following: Pu∣rum villenagium est, à quo praestatur seruitium incertum & indetermina∣tum, vbi scirinon poterit vespere, quale seruitium fieri debet mane. viz: vbi quis facere tenetur quic∣quid ei praeceptum fuerit. The o∣ther sort of villenage which is not pure, is there called of Bra∣cton (villanum soccagium) which differeth from the other in this, because it is onely tyed to the performrnce of certaine seruices agreed vpon betweene the Lord and the Tenent. Whereof see Bracton also in the same place: by whom you may perceiue, that a man may hould (per villa∣num soccagium) and yet haue (li∣berum tenementum if he haue it to himselfe and his heires. This villanous soccage is to cary the Lords dung into his feilds, to plow his ground at certaine daies, sow and reape his corne, plash his hedges, &c. See Soc∣cage.

Villenous iudgement (Villanum iudicium) is that which casteth the reproch of villeny and shame vpon him against whom it is gi∣uen, as a Conspiratour; &c.

Stawnf: pl: cor. lib. 3. 12. f. 175. This M. Lamb. in his Eirenarcha, lib. 1. ca. 13. pag. 63. calleth villenous punishment, and saith that it may well be called infamous, because the iudgement in such a case shalbe like the auncient iudge∣ment in Attaint (as it is said anno 4. H. 5. Fitzh. Iudgement 220.) and is (in 27. lib. Assis: pl. 59.) set downe to be, that their oathes shall not be of any credit afterward, nor lawfull for them in person to aproch the Kings Courts: and that their lands and goods be seised into the Kings hands, their trees rooted vp, and their bodies imprisoned, &c. And at this day the punishmēt apoin∣ted for periury, (hauing som∣what more in it, then corporall or pecuniary paine) stretching to the discrediting of the testi∣mony of the offender from euer after, may be partaker of this name. Thus farre M. Lamberd.

Virgata terrae. Register orig. fol. 167. a. See yard land.

Viridario eligendo, is a writ that lyeth for the choice of a verdour in the forest. Register orig. fol. 177.

Visitation of maners (Visitatio morum) was wont to be the name of the Regarders office in aunci∣ent time. Manwood, parte pri. of his forest lawes, pag. 195. See Regarder.

Visne (Vicinetum) signifieth a neihgbour place, or a place neere at hand anno 16. R. 2. ca. 6.

Vtsu Franciplegū, is a writ to exempt him from comming to the view of Frankpledge, that is not within the Hundred re∣sident. For men are bound vnto this view by reason of their habitation, and not of lands held where they dwell not, Register orig. fol. 175.

Vitteller (victualarius) com∣meth of the French, victuai∣les. i. commeatus) and signifieth with vs, him that selleth victu∣als. For these there is a writ in Fitz. nat. br. fol. 172. if they exercise their trade, bearing a magistracie in any towne cor∣porate.

Vmple. anno 3. Edvard. 4. cap. 5.

Vncore prist, is a plee for the Defendant, being siewed for a debt due at a day past, to saue the forfeiture of his bond; saying, that he tendered the dept at the time, and place, and that there was none to re∣ceiue it, and that he is now also readie to pay the same. 7. Ed. 6. 83. Dyer. See Vnquest prist.

Vncuth, is a Saxon word signi∣fying as much as (incognitus) It is vsed in the auncient Sa∣xon lawes, for him that com∣meth to an Inne guest wise, and lyeth there for two nights at the most. In which case

his host was not bound to an∣swer for any offence, that he committed, whereof he was guiltlesse himselfe. But if he laid there the third night, then he was called (guest, hospes) and thē must the host answer for him, as for one of his owne familie. And if he taried any longer, then was he called Agen hine, that is to say, familiaris. Whom, if he offend against the Kings peace, his hoste was to see foorth∣comming: or if he could not bring him out within a moneth and a day, he must satisfie for his offence. Lamberd. Archaiono. fol. 133. num. 7. Of this Bracton. lib. 3. cap. 10. num. 2. writeth thus: Item secundum antiquam con∣suetudinem dici paterit de familia alicuius, qui hospitatus fuerit cum alio per tres noctes: quia primâ nocte poterit dici Vncuth, secunda verò Gust, tertiâ nocte Hoghen∣hine, &c. This law was made for the better preseruation of the Kings peace, and to shew in what pledge euery man was to be accompted, that trauelled by the way. See Tuainnithes: gest.

Vnde nihil habet, is a writ. See Dote vnde nihil habet.

Vnder-chamberlaine of the Ex∣chequer, is an Officer there, that cleaueth the taileys written by the Clerke of the Taileys, and readeth the same, that the Clerke of the Pel and the con∣trollers thereof may see their entrie be true. He also maketh searches for all Roords in the Treasurie. There be two Officers there of this name.

Vnderescheateur. Subescheatour. anno 5. Ed. 3. cap. 4. See Es∣cheatour.

Vndershyreeue, (Subvicecomes) See Shyreeue.

Vndersitter is an Inmate. See Inmate.

Vndertakers, be such as are em∣ployed by Pourueyours of the King as their deputies. anno 2. & 3. Phil. & Mar. cap. 6. and such as vndertake any great worke, as drying of Fennes, &c. anno 43. Eliz. cap. 11.

Vnder-treasurer of England, (viccthesaurarius Angliae) anno 39. El. cap. 7. & anno 43. eius∣dem. Subsidie of the Clergie. This Officer (as some Exchequer men thinke) was first created in the time of king H. the seuenth, to chest vp the Kings Treasure at the end of euery Terme, and to note the content of money in each chest, and to see it caried to the Kings Treasurie in the Tower, for the ease of the Lord Treasurer, as being a thing too meane for him to be troubled with, and yet meete to be per∣formed by a man of great se∣crecie and trust. He in the va∣cancie of the Lord Trea∣surers

office, doth all things in the receipt, that the Lord Trea∣surer doth. He nominateth the two Praysers of all goods sei∣sed as not customed, and orde∣reth, whether the partie shall haue them at the price or not. He appointeth the Steward, Cooke, and Butler for the proui∣sion of the Starre-chamber. But this Officer in other mens iudg∣ment, is farre more auncient then Henry the seuenths dayes, yet named Treasurer of the Ex∣chequer in the Statutes vntill Queene Elizabeths time, where he is tearmed Vnder-treasurer of England. Neuerthelesse, anno 35 Eliz. he is also written Treasu∣rer of the Exchequer. Read the Statutes, anno 18. Ed. 3. stat. 2. cap. 17. & 27. eiusdem. Stat. 2. cap. 18. 1. Rich. 2. cap. 5. 4. Hen. 4. cap. 18. 8. H. 6. cap. 17. 27. H. 8. cap. 11. with di∣uers other places, that seeme to approue this to be true.

Vnion (vnio) is a combining or consolidation of two Chur∣ches in one, which is done by the consent of the Bishop, the Patron, and the Incumbent. And this is properly called an Vnion. Howbeit, that there be two o∣ther sortes: as when one Church is made subiect to the other, and when one man is made Prelate of both, and when a conuentual is made Cathedrall, as you may reade in the Glosse of the chap∣ter, Licet. De locato & conducto, in Lyndwoods Prouincials. §. Et quia. versu Appropriationis. Tou∣ching Vnion in the first signifi∣cation there was a statute, an. 37. H. 8. cap. 21. that it should be lawfull in two Churches, wher∣of the value of the one is not aboue sixe pounds in the Kings bookes of the first fruites, and not aboue one mile distant from the other. Vnion in this signifi∣cation is personall, that is, for the life of the Incumbent: or reall, that is, perpetuall, whoso∣euer be Incumbent.

Vnitie of possession, is called consolidatio vsus fructus, & propri∣etatis in the Ciuill lawe, signify∣ing a ioynt possession of two rights by seuerall titles. For ex∣ample, I take a lease of land from one vpon a certaine rent: after∣ward I buy the Fee-simple. This is an vnitie of possession, wher∣by the lease is extinguished: by reason that I, which had before the occupation only for my rent, am become Lord of the same, and am to pay my rent to none, but my selfe. Also an Abbot being seated within a certaine parish, afterward obtaineth an appropriation of the tythes be∣longing to that Church, for the vse of his house. Here is an vnity of possession, by reason that the tythes, which before were to be

paid to the Incumbēt, are now to be paid to none but himselfe, by vertue of the appropriation.

Vniversitie, (Vniuersitas) is by the Ciuill lawe any bodie po∣liticke, or corporation: but in our language it is (at the least most ordinarily) taken for those two bodies, that are the Nou∣rishes of learning, and the libe∣rall Sciences, Cambridge and Oxford: endowed with great fa∣uours, and priuiledges, for their beter maintenance, as appea∣reth not onely by an. 2. & 3. Ph. & Mar. c. 15. a. 13. El. c. 21. & a. 18. eius. c. 6. but much more by their seuerall charters, graunted vnto them by diuers godly and mag∣nanimous Kings of this land.

Vnlawfull assembly, (Illicita congregatio, illicita assemblata) is the meeting of three or more persons together, with force to commit some vnlawfull act, and abiding stil, not indeuouring the execution thereof, as to assault or beate any person, to enter in∣to his house or land, &c. West. parte 2. symb. titulo, Inditements, sect. 65. M. Lam. in his Eirenar∣cha. cap. 19. saith thus: An vn∣lawfull assembly is the compa∣nie of three persons or more, gathered together, to do such an vnlawfull act, although they do it not indeed. So saith Kitchin in effect, fol. 20.

Vnques prist, is (word for word) alwaies readie. And it signifieth a Plee, whereby a man professeth himselfe alway ready to do or performe that, which the Demaundant requireth, ther∣by to auoide charges. For exam∣ple: a woman sieweth the tenent for her Dower: and he cōming in at the first day, offereth to auerre, that he was alway ready and still is, to performe it. In this case except the Demaundant will auerre the contrarie, he shall recouer no dammages. When this Plee will serue to a∣uoide Charges, and when not, see Kit. fol. 243. See Vncore prist.

Voydance (vacatio) is a want of an Incumbent vpon a bene∣fice: and this voydance is dou∣ble: either in law, as when a man hath more benefices incōpetible: or indeed, as when the Incumbēt is dead, or actually depriued. Brooke, titulo Quareimpedit. n. 51.

Voucher (Aduocatio) is a cal∣ling in of one into the Court at the petition of a party that ho∣peth to be helped thereby. New booke of Entries. verbo. voucher. voucher de garantie Brit. ca. 75. in latine (Aduocatio ad war antizan∣dum) is a petition in court made by the Defendant to haue him called, of whom he or his Aun∣cester bought the land or tene∣ment in question, and receiued warranty for the secure inioy∣ing thereof against all men.

Britton of this writeth a long chapter. vbi supra, intituling it Garant voucher. But Bracton writeth a large tractate of it, lib. 5. tracta. 4. per totum. Litleton al∣so handleth it not minsingly, in the last chapter of all his Te∣nures. Of this you may read Fitzh. also in his nat. br. fol. 134. De warantia chartae. All this law seemeth to haue bene brought into England out of Normandy. For in the Grand Custumary you haue likewise a chapter intituled (vouchement de garant, cap. 50. id est, vocamentum Garanti) where it is set downe, what time ought to be giuen, for the appearance of the warrant called in this case, how many warrants may be vouched, one calling in ano∣ther, and diuers other points touching this doctrine. All which, and many more, you may read in Bracton vbi supra. A com∣mon voucher, a double voucher. Coke lib. 2. Sir Hughe. Cholmleis case, fol. 50. b. This is very aun∣swerable to the contract in the Ciuill lawe, whereby the buyer bindeth the seller, sometime in the simple value of the thing bought, sometime in the dou∣ble, to warrant his secure en∣ioying of the thing bought. But this difference I find betweene the Ciuill lawe and ours, that whereas the Ciuill lawe bindeth euery man to warrant the secu∣ritie of that which hee selleth, ours doth not so, except it be e∣specially couenanted. The party that voucheth in this case, is cal∣led the Tenent, the partie vou∣ched is tearmed the Vouchee. The writ whereby he is called, is ter∣med Summoneas ad warranti∣zandum. And if the Shyreeue re∣turn vpō that writ, that the party hath nothing, whereby he may be summoned: then goeth out another writ. viz. Sequntur sub suo periculo. See Termes of the lawe. verbo Voucher. And Lamb. in his Explication of Saxon wordes, verbo Advocare. See Warrantie. I reade in the new booke of Entries, of a forain voucher, which hath place pro∣perly in some Franchise, Coun∣tie Palatine, or other where one voucheth to warrantie one not dwelling within the Franchise. fol. 615. columna. 1. whereupon because the foreyner neede not be tryed in that Court, the re∣cord and cause is remooued to the common plees, &c. See of this Fitz. nat. br. fol. 6. E.

Vser de action, is the persiewing or bringing of an action, which in what place and countie it ought to be, See Brooke, titulo Lieu & Countie. fol. 64.

Vse (vsus) is in the originall signification, plaine enough: but it hath a proper application in our common lawe, and that is

the profit or benefit of lands or tenements. And out of M. Wests first parte of his simbol: lib. pri sect. 48. 49. 50. 51. and 52. I ga∣ther shortly thus much for this purpose. Euery deede in writing hath to be considered the sub∣stance, and the adiuncts. Touch∣ing the substance, a deede doth consist of two principall parts, namely the premisses and the consequents. The premisses is the former parte thereof, and is commonly saide to be all that, which preceedeth the (Habendum) or limitation of the estate, which be the persons contracting, and the things con∣tracted. The consequent is that which foloweth the premisses, & that is the (Habendum) In which are two limitations: the one of the estate, or propertie, that the party passiue shall receiue by the deede, the other of the vse: which is to expresse in the said (Ha∣bendum) to or for what vse, and benefite he shall haue the same estate. And of the limitation of those vses, you may read ma∣ny presidents set downe by the same author in his second booke of his saide first part, sectio. 308. and so forth to 327. These v∣ses were inuented vpon the sta∣tute called, West. 3. or Quia em∣ptores terrarum, before the which statute no vses were knowne. Perkins. Devises. 528. And be∣cause mens wits, had in time de∣vised many deceits, by the set∣ling of the possession in one man and the vse in another, there was a statute made, anno, 27. H. 8. ca. 1. wherby it was inacted, that the vse and posses∣ssion of lands and possessions should alway stand vnited. New expositour of lawe termes, ver∣bo. Vse. v. Coke lib. 1. Chudleise case. fol. 121. & seqq.

Vsher (Ostiarius) commeth of the French (Huissier. i. Accensus, apparitor, Ianitor) It signifieth with vs first an officer in the Eschequer: of which sort there be foure ordinarie vshers that attend the cheife officers and Barons of the court at Westmin∣ster, and Iuries, Shyreeues and all other accoumptants at the pleasure of the court. Therbe also Vshers in the Kings house, as of the priuy chāber, &c.

Vtas (Octavae) is the eight day following any terme or feast: as the vtas of Sainct Mi∣chaell, the vtas of Sainct Hilary, the vtas of Sainct Martine, of Sainct Iohn Baptist, of the Trini∣tie &c. as you may reade. anno 51. H. 3. stat. concerning generall daies in the Benche. And any day betweene the feast and the eighth day, is saide to be within the vtas. The vse of this is in the returne of writs, as appeareth by the same

statute.

Vtfangthef, is an auncient Royaltie graunted to a Lord of a maner, by the King which giueth him the punish∣ment of a theefe dwelling out of his liberty, and hauing com∣mitted theft without the same, if he be taken within his fee. Bra∣cton. lib. 2. cap. 24. who in his third booke, tract. 2, ca. 35. see∣meth rather to interpret the word, then to expresse the effect, and saith thus. Vtfangthef dici∣tur extraneus latro, veniens aliun∣de de terra aliena, & qui captus fuit in terra insius, qui tales habet libertates. It seemeth to be com∣pounded of these three words. Vt, fang, thef. which in our mo∣derne English be, oute, take or taken, Theefe. Of this Fleta hath these words. vtfangenthef dicitur latro extraneus veniens a liunde de terra aliena, & qui captus fuerie in terra ipsius qui tales habet liber∣tates. Sed non sequitur quod possit il∣le hominem suum proprium extra libertatem suam captum reducere vs{que} in libertatem, & ibi eum iudi∣care: reducere tamen poterit indi∣catum, & iudicium in proprio pati∣bulo exequiratione libertatis: com∣modum tamen non video. Debet e∣nim quilibet iuri subiacere, vbi deli∣quit: proprios tamen latrones & ali∣enos iudicare possunt, dum tamen in∣fra libertatem fuerint capti, &c.

Vtlaghe, significat bannitum extra legem. Fleta. li. 1. cap. 47. See Vtlawrie.

Vtlagato capiendo quando vtla∣gatur in vno comitatu, & postea fugit in alium, is a writ, the nature whereof is sufficiently expressed in the words set downe for the name thereof. See the Register originall, fo. 133.

Vtlawrie (vtlagaria, aliâs vtla∣gatio) is a punishment for such as being called into lawe, and lawfully sought, doe comtēptu∣ously refuse to appeare. And as Bracton saith li. 3. tract. 2. ca. 11. He that is siewed must be sought, and called at 5. coun∣ties, a moneth being betweene euery countie, to answer to the lawe. And if he come not with∣in that time, pro exlege tenebitur cum principi non obediat, nec legi: & ex tunc vtlagabitur: that is, as the author of the termes of lawe saith, he shalbe pronoun∣ced by the coroner, to be out of the Kings protection, and depriued of the benefit of the lawe. The effect of this is diuers (as the same Author saith). for if he be outlawed in an action personall, (he meaneth) at the suite of another in a ciuile cause: he shall forfeit all his goods and cattells to the King: if vpon fe∣lonie then he shall forfeit all his lands and tenements, that he hath in fee simple, or for terme of his life, and his goods

and cattles. Bracton: vbi supra, nu. 5. saith, that such as be out-lawed vpon felonie, ex tunc gerunt caput lupinum, ita quod sine iudiciali inquisitiene ritè pereant, & secum suum iudicium portent & meritò sine lege pereunt, qui se∣cundum legem viuere recusarunt. Et haec ita, si cum capiendi fuerint, fugiant, vel se defendant si autem vivi capti fuerint, vel se reddiderint, vita illorum & mors erit in manu Domini Regis. See Horns mirrour of Iustices, lib. 3. cap. des fautes punishables. Bracton saith in the place aboue specified (with whome also Fleta agreeth, lib. 1. cap. 27.) that a Minor or a woman cannot be outlawed. But take his owne words: Minor verò, & qui infra aetatem. 12. an∣norum fuerit, vtlagarinon potest, nec extra legem poni, quia ante ta∣lem aetatem non est sub lege aliqua, nec in Decenna, non magis quàm foemina, quae vtlagari non potest, quia ipsa non est sub lege. i. Inlaugh Anglicè, sc: in frāco plegio, sive de∣cenna: sicut masculus, 12. anno∣rum, & vlteriùs. Et ideo non potest vtlagari. Waiviari tamen bene po∣test, & pro derelicta haberi, cum pro felonia aliqua fugam fecerit siue ceperit. Est enim waiuium, quod nullus aduocat, nec princeps eum ad∣vocabit, nec tuebitur, cum fuerit rite Waiviata: sicut fit de masculo, qui secundum legem terrae ritè fuerit vtlagatus, &c. To the same effect writeth Fitz h. in his na. br. fo. 161. viz; And because women be not sworne in leetes to the King, as men be of the age of 12 yeares or vpward: it is said, when a woman is outlawed, that shee is waiued, but not out-lawed. for shee was neuer vnder the law, nor sworne vnto it. More of this you may reade in Bracton, lib. 3. tracta. 2. cap 12. &. 13. and then in the 14. how an outlaw is inlawed a∣gaine, and restored to the Kings peace and protection. See al∣so Fleta, lib. 1. cap. 28. per totum.

Virum. See Assise.

Viter Baristers, be such as for their longe study and great industry bestowed vpon the knowledge of the common lawe, be called out of their contemplation to practise, and in the face of the world to take vpon them the protection and defence of clients. These are in other countries called, (Licenti∣ati in iure). How be it in mo∣destie they still continue them∣selues hearers for diuers yeares, like the scholers of Pythagoras, that for the first fiue yeres neuer aduentured to reason or dis∣course openly vpon any point of their masters Doctrine, which their silence (a cohibendo sermo∣ne) was termed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 as Suidas and Zenedorus doe re∣port.

Vtlepe significat escapium latro∣num. Fleta lib. 1. ca. 47.

W

VVAge (vadiare) pro∣ceedeth of the French (Gager. i. dare pignus, pignore certare) and signifieth in our common lawe the giuing of securitie for the performing of any thing: as to wage lawe, & to wage deliuerance which see before in Gage. None wageth lawe against the King. Brooke tit. Chose in action, num. 9. The substantiue of this verb is (Wa∣ger) in the latine (vadium) which some Feudists call (wadium) as testifieth Hotoman in his Com∣mentaries de verbis feudalibus. verbo Wadium. See Lawe.

Wainage (Wainagium, aliâs Wan∣nagium) signifieth as much as peculium servorum of the Saxon word wouen. i. habitare, & woe∣uing. i. habitatio. See. Gainage.

Waiue (waiuiare) Register orig. fol. 277. a) is to forsake (habe∣re pro derelicto) as the Ciuilians terme it. Waiviare feudum suum. Bracton lib. 2. cap. 7. that is to forsake. Many of the Kings liege people to be outlawed, and many waiued by erroneous proces. anno 7. H. 4. ca. 13. See Vtlawrie. To waiue the company of theeues. Stawnf. pl. cor. fol. 26. To waiue his benesit. Idem fol. 46. to waiue the aduantage. Idem praerog. fol. 17. Persons attainted or waiued. West. parte 2. simbol. titulo Fines, sect: 13. D. This word waiued waiuiata properly belon∣geth to a woman that being siewed in law contemptuously refuseth to appeare, as outlawed doth to a man. Registerorig. fo. 132. b. & 277. a. The reason whereof see in Fitzh. nat. br. fol. 161. A. See Weif.

Wales (Wallia) is a part of En∣gland, on the west side inhabi∣ted by the ofspring of the aun∣cient Britons chased thither by the Saxons, being called hether by them to assist them against the might of the Picts. The rea∣son of the appellation commeth from the Saxon (wealh. 1. exte∣rus, vel peregrinus) for so the Saxons both called them and held them, though now to the great quiet of this kingdome they be incorporated vnto vs See M. Lamb: explication of Sax∣on words. verbo. Wallus.

Walkers, seeme to be those that are otherwise called Foresters. Crompton in his Iurisdictions, fol. 154. hath these words in effect. There be Foresters assigned by the King, which be walkers within a certeine space assigned them to looke vnto.

Waiuiaria mulieris, is as much as vtlagatio viri. Register originall fol. 132. b. See Waiue.

Wapentake (Wapentakium) is all one with that, which we call a Hundred, as appeareth by Bra∣cton, lib. 3. tract. 2. ca. pri. nu. pri. in fine. Conuocentur (saith he) post∣modum seruientes & Baliui Hun∣dredorum, & per ordinem irrotulen∣tur Hundredarii, siue wapentakia, & nomina seruientium, quorum qui∣libet affidabit, quod de quolibet Hun∣dredo eliget quatuor milites, qui statim veniant coram Iusticiariis ad faciendum preceptum Domini Regis, & qui statim iurabunt, quòd eligent duodecim milites, vel liberos & legales homines, si milites non in∣ueniantur, &c. M. Lamberd in his explication of Saxon words, verbo Centuria, is of the same minde: and farder saith, that this word is especially vsed at this day in the countries be north the riuer Trent. And in the lawes of King Edward set forth by him nu. 33. it is most plaine in these words. Et quod Angli vocant Hun∣dredum, supradicti comitatus vo∣cant wapentakium. But there he nameth some shires of this side Trent, as Warwick shire, Leicester shire, and Northhampton-shire. In the words there folowing, there is a reason giuen of this appella∣tion in these words. Et non sine causa: Cum quis enim accipiebat praefecturam wapentakii, die statuto in loco, vbi consueuerant congrega∣ri, omnes maiores contra eum con∣ueniebant, & descendente de equo suo, omnes assurgebant ei. Ipse ve∣rò, erecta lancea sua, ab omnibus secundum morem foedus accipiebat. Omnes enim quotquot vtnissent, cum lanceis suis ipsius hastam tan∣gebant, & ita confirmabant per con∣tractum armorum, pace palam con∣cessa. Anglicè enim arma vocantur (waepun) & taccare confirmare: quasi armorum confirmatio. Vel vt magis expressè secundum linguam anglicanam dicamus, waepentak ar∣morum tactus est (waepun) enim ar∣ma sonant (tac) tactus est. Quamo∣brèm poterit cognosci, quòd hac de causa, totus ille conuentus dicitur (wapentae) eò quòd per tactum ar∣morum suorum ad inuicem confoede∣rati sunt. Thus farre the booke goeth word for word. With whom Fleta agreeth, sauing that Fleta saith, that this word is vsed in all counties be north Watlin∣streete, li. 2. ca. 61. §. vniuersimode. Take Sir Tho: Smithes opinion also: whose words in his second booke de Rep: Anglo: ca: 16. be these: Wapentak. I suppose, came of the Danes, or peraduenture of the Saxons. For that so many townes came by there order then into one place, where was taken a mouster of there armour and weapons: in which place, from them that could not finde sufficient pledges for their good abearing, their weapons were ta∣ken away. The statute anno. 3. Henrici 5. ca. 2. & anno 9. H. 6.

cap. 10. & anno 15. H. 6. ca. 7. T. maketh mention of Stainctife Wapentake, and Frendles Wapen∣take, in Crauen in the County of Yorke. See Roger Houeden, parte poster: suorum annalium, fo. 346. b.

Wards and Liueries (wardi & liberaturae) is a Court first erected in King Henry the eighth his time, and afterward augmented by him with the office of Liue∣ries, and therefore called by him (as now it is) the Court of wards and Liueries. The chiefe of this Court is called the master of the Court, &c. To whom are ioyned the Surueiour, Atturny, and Re∣ceiuer of the said Court, as his Assistants: then as Ministers the Register, two inferiour Atturnies or Clerks, and a Messenger.

Ward (Custodia) is the German word, as (Garde) is the French. Both these be vsed among our common lawyers: the one by those that write in French, the other by those that write in English. Wherefore for your farder vnderstanding, See Gard and Gardein. Yet is Gard some∣time vsed in the Englishbookes also: as yeomen of the Gard. And also the keeper of one in his minority, is not called a warder but a Gardein or Gardian. Ward hath diuers applications, as a Ward in London, latined (warda) which is a portion of the City committed to the especiall charge of some one of the 24. Al∣dermen of the city, in such sort as euery one knoweth his cer∣taine ward assigned vnto him, and hath dwelling within the same compas some one graue Citizen for the good gouernment thereof: who is in that respect a Deputie to the said Alderman, and commonly called the Al∣dermans Deputie. Of these there be 25. within the citie, and one without, beside other liberties and the suburbes. Stowes Suruey of London. Also a Forest is diuided into wards: Manwood, parte prim. of his Fo∣rest lawes. pag. 97. Lastly, a prison is otherwise called a Ward. And the heire of the Kings tenent, houlding by knights seruice, or in capite, or of any common person by Knights seruice, is called Ward, during his nonage. See anno 32. H. 8. cap. 46.

Warden (Gardianus) signifi∣eth al one thing with the French (Gardien.) And therefore of this see more in Gardien. But it is the more vsuall 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 Felowships in London. anno 14. H. 8. cap. 2. Warden courts, anno 31. H. 6. ca. 3. Warden of the Marches, anno 4 H. 7. cap. 8. Wardens and Com∣munaltie

of the lanes contri∣butorie to Rochester bridge. anno 18. Eliz. cap. 7. Wardens of peace. anno 2. Ed. 3. cap. 3. Sta∣tute Northampton. Warden of the West Marches. Camd. Brit. pag. 606. Warden of the Forest. Manwood, parte prim. pag. 111. & 112. Warden of the Aulnage. anno 18. H. 6. cap. 16. Chiefe Warden of the Forest. Manwood parte prim. pag. 42. & 43. Warden of the Kings wardrobe. anno 51 H. 3. statut. quinto. Wardens of the tables of the Kings Ex∣chaunge, anno 9. Ed. 3. stat. 2. cap. 7. & anno 9. H. 5. stat. 2. c. 4. Warden of the rolles of the Chauncerie. anno 1. Ed. 4. cap. 1. & cap. 5. Warden or Clerke of the hamper of the Chaun∣cerie. ibid. Warden of the kings writs, and Records of his com∣mon bench, ibid. Warden of the Kings armour in the tower. anno 1. Ed. 4. cap. 1.

Wardnote; is a court kept in euery ward in London. anno 32. H. 8. cap. 17. ordinarily called among them, the Wardmote Court.

Ward peny, is money to be contributed toward watch and ward.

Warantie, (warantia) commeth of the French (garantie) or (ga∣rant) i. vindex litis:) which is a word of great antiquitie with the French men, being brought first thither by the Franco∣galli. And thence do they make a Latinish verbe, viz. (guaren∣tare) vel, vt est in aliis libris, gua∣rentisare. i. causam alterius susci∣pere, se defensorem profiteri. The Feudists also vse this word (gua∣rentus) quo significatur is, qui La∣tinis author dicitur, & euictionem praestat. lib. 2. Feud. titulo 34. §. 2. The Ciuilians haue a stipulation (habere licere) whereby is signi∣fied a power of perpetuall & quiet possession to be giuen: l. 11. § final. Π. de action empt. & vend. But this reacheth not so farre as our warrantie. For the seller hereby is bound but to a kind of diligence and care to maintaine the buyer in his pos∣session. For if he be euicted, the buyer is not tyed to recōpence. Doctores in l. stipulatio ista, Ha∣bere licere. Π. de verb. obliga. Warrantie signifieth in our com∣mon lawe, a promise made in a deed by one man vnto another for himselfe and his heires, to secure him and his heires against all men, for the enioying of any thing agreed of betweene them. And he that maketh this warrantie, is called Warrantus by Bracton, lib. 2. cap. 10. & 37. The Romaines called him Au∣ctorem, as Hotoman testifieth in his Commentarie vpon Tullies oration pro Aulo Caecinna. verbo, Cesennius author fundi, whom you

may reade more at large. And that which we terme vocationem warranti, the Ciuilians call au∣thoris laudationem vel nominatio∣nem. Eimer pract. cap. 48. This warranty passeth from the seller to the buyer, from the feoffer to the feoffee, from him that releaseth, to him that is released of an action reall, and such like. And for the forme it passeth in a clause toward the end of a deed in these wordes: Et ego verò praefatus I. & haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus, & assig∣natis suis contra omnes gentes war∣rantizabimus in perpetnum per prae∣sentes. West. parte prim. symbol. lib. 2. titulo Feofments. sect. 281. & 288. So a release may be with a clause of warrantie. Idem, eodem. titulo Releases. sect. 510.

There is also a warrant of At∣turney, whereby a man appoin∣teth another to do some thing in his name, and warranteth his action, West. eod. sect. 181. And these warrāts of Atturney seeme to differ from leters of Attur∣ney, because that, whereas leters passe ordinarily vnder the hand and seale of him, that maketh an Atturney by them, before any credible witnesses: warrants of Atturney be acknowledged be∣fore such persons, by such means and in such maner, as Fines. West. parte 2. symbol. titule Recoueries. sect. prim. F. See Atturney.

But these waranties in passing land from one to another, be of greatest consequent, & of more intricate vnderstanding. And therefore of these, diuers haue written at large: as Glanvile lib. 3. per totum. Bracton lib. 5. tract. 4. per totum. Britton. cap. 105. Litleton in the last chapter of his tenures: the forme and ef∣fect whereof Bracton in his se∣cond booke cap. 16. num. 10. declareth thus: Et ego & haere∣des mei warrantizabimus tali & haeredibus suis tantùm, vel tali & haeredibus & assignatis, & haere∣dibus assignatcrum, vel assignatis assignatorum, & eorum haeredi∣bus, & acquietabimus, & defen∣demus eis totam terram illam cum pertinentiis (secundum quod praedi∣ctum est) contra omnes gentes in perpetuum, per praedictum seruitium. Per hoc autem quòd dicit (Ego & haeredes mei) obligat se & haeredes suos ad warrantiam, propinquos, & remotos, praesentes & futuros ei succedentes in infinitum Per hoc autem quòd dicit (warrantizabi∣mus) suscipit in se obligationem ad defendendum suum Tenementum in possessione res datae, & assigna∣tos suos & eorum haeredes, & omnes alios, secundum quod supradictum est, si fortè tenementum datum pe∣tatur ab antiquo in Dominico. Per hoc autem quòd dicit (acquiet abi∣mus) obligat se & haeredes suos ad

acquietandum, si quis plus petierit seruitis, vel aliud seruitium, quam in charta donationis continetur: per hoc autem quòd dicit (Defendemus) obligat se & haeredes suos ad De∣fendendum, si quis velit seruitutem ponere rei datae contra formam suae donationis, &c. But the new ex∣pounder of law terms saith, that this warranty beginneth two waies: one by deede of law: as if one and his auncesters, haue held land of another and his aun∣cesters, time out of minde byho∣mage (which is called Homage auncestrell) for in this case, the ho∣mage cōtinually performed by the tenent is sufficient to bind the Lord to warrant his estate. The other is by deede of the party, which by deede or fine tyeth himselfe to warrant the land or tenement to the tenent. And Sir Ed: Cooke in the fourth booke of his reports, mentioneth the same distinction. Nokes case, fo. 81. a. calling the one a warranty in law, the other an expresse war∣ranty. Ciuilians would call these species, tacitam & expressam.

Warranty (as the said author of the terms of law saith, is in two maners: warranty lineall, and warranty collaterall. But (Litleton saith vbi supra) it is threefold: warranty lineall, war∣ranty collaterall, and warranty that beginneth by disseisin. War∣ranty by disseisin what it is, is partly declared in Sir Ed. Cookes reports, li. 3. Fermors case, fol. 78. a. Whether of them deuideth more aptly, let the learned iudge. For my part, I thinke that line∣all and collaterall be no essenti∣all disserences of warranty, as it is originally considered in the first warranter. For he bindeth himselfe and his heires in gene∣rall. And such be bound, be they lineall or collaterall vnto him. Therefore this diuision riseth rather from the euent of the ori∣ginall warranty: videlicet, because it so falleth out, that the tenent, to whom the warranty was made, or his heires, when he or they be called into question for the land warranted formerly by the first feoffour, is driuen by the meanes of the first warranters death, to cal or vouch him to wa∣ranty that is his heire, and now presently liuing, be he descen∣ding or collaterall, as it falleth out. For example. A. infeoffeth B. in twenty acres land, with clause of warranty against all men. So long as A. himselfe li∣ueth, he is liable to this coue∣nant, and none els: after his dis∣cease his heire is subiect vnto it, be he his sonne, brother, vncle, or what els. And whether of these, or neither of these it will be, none knoweth vntill he be dead. Wherefore I conclude that this distinction of lineall or

collaterall hath no vse originally in this contract. For (as the au∣thor of the terms of law saith) the burden of this warranty, af∣ter the death of the first warran∣ter, falleth vpon him, vpon whom the land should haue des∣cended, if the warranty had not bene made. And that is the next of blood to the warranter, be he in the defcending or collate∣rall line. And therefore I re∣solue that this distinction grow∣eth from an euent, after the death of him that couenanteth to war∣rant. But to make this plaine, I finde warranty to be vsed equi∣uocally: signifiing in one sort, the contract, or couenant of war∣ranty 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 war∣ranter or his heires, when he or they be by the tenent thereunto vouched, or called: As also I shew out of Bracton, lib. 5. tract. 4. ca. pri. nu. 2. in these words. Imprimis videndum est quid sit war∣rantizatio. Et sciendum quod war∣rantizare, nihil aliud est, quàm de∣fendere & acquietare tenentem, qui warrantum vocabit in seisina sua, &c. With whom agreeth Fleta saying that warrantiz are nihil ali∣ud est, quam possidentem defendere, li. 5. ca. 15. §. 1. & lib. 6. ca. 23. quod lege per totum. And the for∣mer diuision of lineall and colla∣terall warranty, rather belongeth to warranty in this second signi∣fication then the former.

And that this way it is im∣perfect or at the least obscure, I thinke it not hard to declare. First to shew this I note out of Bracton, who may be called to warrantie. And he lib. 5. tra∣ctat. 4. cap. pri. num. 5. saith thus: Videndum est quis vocari possit ad warrantum, & sciendum, quod tam masculus quam foemina, tam minor quàm maior (dum tamen si minor vocetur, remane at placitum de wa∣rantia in suspenso vs{que} ad aetatem, nisi causa fuerit ita fauorabilis, quòd aetas expectari non debeat; si∣cut ex causa Dotis) Item non so∣lum vocandus est ad warantum ille qui dedit, vel venddit: ve∣rùm etiam vocandi sunt eorum hae∣redes descendentes in infinitum propter verba in Chartis contenta, (Ego & haeredes mei warantiza∣bimus tali & haeredibus suis, &c.) Et in quo casu tenentur haeredes warantizare, sive sint propinqui, si∣ve remoti, remotiores, vel remo∣tissimi. Et quod de haeredibus dici∣tur, idem dici poterit de assignatis, & de illis, qui sunt loco illorum haeredū, sicut sunt capitales Domini qui tenentibus suis quasi succedunt, vel propter aliquem defectum, vel propter aliquod delictum, si∣cut de eschaetis Dominorum: By which words we perceiue

that the burden of this warran∣tie is not tyed to heires on∣ly, be they in the descending or collaterall line, but that vnder this word (Haeredes) are compri∣sed all such, as the first warran∣ters lands afterward come vn∣to either by discent, or other∣wise ex causa lucratiua So that if a man haue 20 chil∣dren, yet if he will, and may giue his land to a straūger, leauing his childrē no land: that straunger in this case is his assigne, & is con∣teined vnder this word, heire. So if he commit felonie after such warrantie covenanted, and for∣feit his lands to his Lord by escheate: the Lord is quasi hae∣res in this case, and lyable to the warrantie formerly passed. And in these two later cases, warranty in the secōd significa∣tion seemeth to be neither line∣all, nor collaterall: at the least as Litleton, and the other author haue defined, or by examples expressed them.

But yet let vs define these two species, as they be. wherefore li∣neall warranty is that, which he is called vnto by the tenent, vpon whome the land warran∣ted had descended, if the war∣ranty had not beene couenan∣ted. For example; A selleth to B. 20. acres land with clause of warranty, and afterward dieth leauing issue. C. soone after B. is impleaded for this land by D. and voucheth. C. This is called a lineall warranty: be∣cause but for it the land had descended from A. to C.

Warranty collaterall, is that wherevnto he is called by the tenent vpon the couenant of him, from whome the land could not descend to the party called. For example; B. the sonne pourchaseth tenements in fee, whereof A. his father disseiseth him, and selleth them to C. with a clause of war∣ranty. A being deade, C. is impleaded for the tenements, and calleth B. to warranty. This warranty wherevnto B. is caled, is collaterall: by cause the tene∣ments, if the warrnty had not beene couenanted by A. could not haue descended from him to his father A. for they were his owne by Pourchase. Many other exāples there be of this in Litleton. And this very case he maketh his example of war∣ranty by disseisin, as also of warranty collaterall. which plainly argueth, that warranty by disseisin, and warranty col∣laterall, are not distinct mem∣bers of warranty, but may be confounded: though one war∣ranty may cary both names in diuers respects. For there is some warranty collaterall that beginneth not by disseisin. For

example. A. tenent in taile, alienateth to B. in fee, and dieth leauing issue. C. Afterward. D. brother to A. and vncle to C. releaseth to B. with warranty, and dying leaueth. C. his heire being next of blood vn∣to him. This warranty is col∣laterall, because it descendeth vpon. C. from his vncle. D. and yet it beginneth not by desseisin of his said vncle.

Warranty, hath a double effect: one to debarre him vpō whome it discendeth from the first warranter as his next of blood, from claiming the land war∣ranted: and another to make it good to the tenent, if by him he be vouched thereunto, or els to giue him as much o∣ther land by exchange. But as the former of these effects ta∣keth place with all heires, ex∣cept those to whome the land warranted was intailed, and that reape no equiualent bene∣fit by the first warranter. anno 6. Ed. pri, ca. 3. soe the lat∣ter preiudiceth none that recei∣ueth not sufficient land from the first warranter to make it good. Bracton, lib. 5. tractat. 4. ca. 8. nu. pri. & cap. 13. nu. 2. In the custumaric of Norm. ca. 5. you haue vouchement degarant, which the Interpre∣ter translateth, Vocamentum Ga∣ranti. a voucher or calling of the wartanter into the court to make good his sale or gift.

Warantiadiei, is a writ lying in case, where a man hauing a day assigned personally to appeare in court to any action wherein he is siewed, is in the meane time by commaunde∣ment imployed in the Kings seruice, so that he cannot come at the day assigned. This writ is directed to the Iustices to this end, that they neither take nor: record him in defaulte for that day. Register originall, fol. 18. Of this you may read more in Fitzh. nat. br. fol. 17. and see Glanuile, lib. pri. ca. 8.

Warantia. chartae., is a writ that lieth properly for him who is infeoffed in land or tenements with clause of warranty, and is impleaded in an Assise or writ of Entrie, wherein he cannot vouche or call to warranty: for in this case his remedy is, to take out this writ against the se∣offour or his heire. Register orig. fol. 157. Fitzh. nat. br: fol. 134 Of this you may likewise reade Fleta, lib. 6. ca. 35. and West parte 2. simb. titulo Fines. sect. 156.

Warrantia custodia, is a writ Iudiciall, that lyeth for him that is challenged to be ward vnto another, in respect of land said to be houlden in Knights ser∣uice, which when it was bought

by the auncesters of the ward, was warranted to be free from such thraldome. And it lieth a∣gainst the warranter and his heires, Register Iudiciall, fol. 36.

Warrant of Atturney. See Leter of Atturney, and Waranty.

Wardwite significat quietantiam misericordia in casu quo non inve∣nerit quis hominem ad wardam fa∣ciendam in castra, vel alibi. Flet a lib. 1. cap. 47.

Warren (Warrenna, aliâs varren∣na) commeth of the French (Garrenne. 1. vivarium, vel locus in quo vel aves, vel pisces, vel ferae continentur, quae ad victum di••ntax∣at pertinent) Calapine out of Au∣lus Gellius. lib. 2. Noct. Attica: cap. 20. A warren (as we vse it) is a prescription or graunte from the king to a man of hauing fesants, partridges, connies, and hares, within certaine of his lands, Cromptons Iurisdict. fol. 148. where he saith, that none can haue war∣ren, but onely the King, no more then Forest or chase. Because it is a speciall priuiledge belon∣ging to the King alone. And a little after he hath words to this effect. The king may graunt warren to me in mine owne lands, for fesants and partridges onely. And by this graunt no man may there chase them without my licence. And so of Hares, but not of Connies. For their property is to destroy the 〈◊〉〈◊〉 of the 〈◊〉〈◊〉, as to eate corne, and pille the barke of ap∣ple trees. M. Manwood in his first part of Forest lawes, saith thus of it: A warren is a fraunchise or priuiledged place of pleasure, onely for those beasts and foules that are beasts and foules of warren, tantùm campestres & non syluestres. viz. For such beasts and foules as are altogether belonging to the feilds, and not vnto the woods: and for none o∣ther beasts or foules. There are but two beasts of warren, that is to say Hares and Connies: and there are also but two foules of warren, viz. Fesants and partrid∣ges. And none other wild beasts or birds haue any firme peace, priuiledge, or protection, within the warren. If any person be found to be an offender in any such free warren, he is to be punished for the same by the course of the common law, and by the statute. auno 21. Ed. 3. called the statute de male facto∣ribus in parcis & chaceis &c. For the most parte there are not officers in a warren, but the master of the game, or the kee∣per. A free warren is some time in closed, and also the same some time doth lie open. for there is no necessity of inclosing the same, as there is of a park, for if a park be suffered to lie open, it ought to be seised into the kings

〈…〉〈…〉 Manwood.

Warscot, is the contribution, that was wont to be made to∣wards armour in the Saxons time. In Canutus his charter of the Forest set out by M. Man∣wood in the first part of his Forest lawes, num. 9. you haue these wordes: Sint omnes tam primarii quàm mediocres, & minuti, immu∣nes, liberi & quietiab omnibus pro∣uincialibus summonitionibus, & po∣pularibus placitis, quae Hundred laghe Angli dicunt, & ab omnibus armorum oncribus, quod Warscot Angli dicunt, & forinsecis quere∣lis.

VVarwit, aliâs, VVardwit, is to be quite of giuing money for keeping of watches. New ex∣position of lawe termes.

VVaste (vastum) commeth of the French (gaster. i. populari. It signifieth diuersly in our com∣mon lawe, first, a spoile made, either in houses, woods, gar∣dens, orchards, &c. by the te∣nent for terme of life, or for terme of anothers life, or of yeares, to the preiudice of the heire, or of him in the Reuersion or Remainder. Kitchin fol. 168. &c. vsque 172. vpon this com∣mitted the writ of waste is brought for the recouerie of the things, whereupon the waste is made. See Vasto. VVaste may be also made of tenents or bond∣men belonging or 〈◊〉〈◊〉 to the maner. Regist. orig. fol. 72. a. & 73. a. See the new booke of Entries. verbo VVaste. A waste of the Forest (as M. Manwood saith, parte prim. of his Forest lawes, pag. 172.) is most pro∣perly where any man doth cut downe his owne woods within the Forest, without licence of the king, or of the Lord chiefe Iu∣stice in Eyre of the Forest. But it is also, where a man doth plow vp his owne medow or pasture, and conuerterh it vnto tillage. And of this you may reade him at large, in his second part, cap. 8. num. 4. & 5. VVaste in the second signification is ta∣ken for those parts of the Lords Demesns, that be not in any one mans occupation, but lye common for bounds or passa∣ges of the Lord and tenent from one place to another, and som∣times for all the Kings subiects. VVhich 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 vse which o∣thers haue of it in passing to and fro. Vpon this none may build or feed, or cut downe trees, without the Lords licence. VVaste hath a third significati∣on, as yeare, day, and waste. Annus, dies, & vastum: which is a punishment or forfeiture be∣longing

to petittreason, or felo∣nle: whereof you may reade Seawnf. pl. cor. lib. 3. cap. 30. And see Yeare, Day, and VVaste.

VVasters. anno 5. Ed. 3. cap. 14 See Roberds men. See Draw lat∣ches.

VVastell breade; anno 51. H. 3. statute of bread, and statute of pilorie.

VVater bayliffes, seeme to bee officers in port townes for the searching of shippes, anno 28. H. 6. cap. 5.

Watling street, is one of the 4. waies, which the Romaines are said to haue made here in England, and called them Consu∣lares, Praetorias, Militares, Publicas. M. Camden in his Britannia, perswadeth himselfe that there were more of this sort than 4. This streete is otherwise called Werlam streat, (as the same au∣thor saith, and howsoeuer the Romains might make it and the rest, the names be from the Sa∣xons. And Roger Houeden saith, it is so called, because the sonnes of Wethle made it, leading from the East sea to the West. Annal. part. prior. fol. 248. a. This street leadeth from Douer to London, and so to S. Albons, and there onward directly to∣ward the North-west through the land, as from Donstable to Westchester: anno 39. El. cap. 2. the second street is called Ike∣nild street, beginning ab Icenis, who were the people inhabiting Northfolke, Southfolke, and Cam∣bridge shire, as M. Camden declareth, pag. 345. The third is called Tosse: the reason of the name he giueth, because he thin∣keth it was ditched of each side. The fourth is called Ermin street, Germanico vocabulo, à Mercurio, quem sub nomine Irmunsull. i. Mer∣curii columna, Germani maiores nostri coluerunt. Of these reade more in the said author, pag. 43. & 44. In the description of England going vnder Saxons name, cap. 7. I reade that Belinus a Briton king made these 4. wayes: whereof the first and greatest he calleth Fosse, stretch∣ing out of the South into the North, and beginning from the corner of Cornwel, and passing soorth by Deuonshire, Somerset∣shire, and so along by Tetburie v∣pon Toteswould besides Couentree vnto Lecester, and thence, by the wide plaines to Newarke and to Lincolne where it endeth. The se∣cond he nameth Watling street, comming out of the South-east toward the Fosse, beginning at Dover, and passing through the middle of Kent ouer Thames beside London nere Westminster, and thence to S. Albons, by Donstable, Stratford, Towceter, Weden, Lilborn, Atheriston, Gilberts hill, now called Wreaken, by Se∣uerne,

Workecester, Stratton, and so foorth by the middle of Wales, vnto Cardican and the Irish seas. The third he calleth Erminage∣street, stretching out of the West North-west into the East South-east, from S. Dauids in the west Wales vnto Southhampton. The fourth he called Rikenild street, stretching foorth by Worcester, by Wicombe, Brinningham, Litch∣field, Derby, Chesterfield, and by Yorke foorth into Tynmouth. But he that listeth to reade at large of these wayes, let him haue re∣course to the first volume of He∣linsheds Chronicle, and the de∣scription of England there, the 19. chapter. Where this antiqui∣tie is farre otherwise declared, then by the former writer. Henry of Huntington likewise in the first booke of his historie, not farre after the beginning men∣tioneth these 4. streetes, terming them calles Regia sublimatos au∣thoritate, ne aliquis in eis inimicum invadere auderet, &c.

Waterbayliffes. anno 28. H. 6. cap. 5. is an officer belonging to the citie of London, which hath the superuison and search of fish, that is brought to that citie, as also the gathering of the tolle rising from that water. He is reckoned an Esquier by his office, as the Sword-bearer, the Huntsman, and the chiefe Ser∣geant is. He also attendeth vpon the Lord Maior for the time being, and hath the principall care of marshalling the guests at his table.

Way. See Chimin.

Weife (wauium) whence it hath his originall, I cannot certainely say. But I finde the nineteenth chapter of the Grand Custumary of Normandy to be intitled (De choses gaiues) and latined by the interpreter (De rebus vaiuis) which are there thus defined vaiua sunt res, vel alia, qua nullius proprietati attributa, sixe possessio∣nis reclamatione sunt inuenta, quae vs{que} ad diem & annum seruanda sunt. Et de iis modo, quo dictum est de veriscis, that is (weeks) easua esse probantibus est restitutio facien∣da, &c. This weife or things wei∣ued haue the very same significa∣tion in our common law, and be nought but things forsaken. The Ciuilians call it (Derelictum) or (Quod est pro derelicto) Bracton in the twelue chapter of his first booke nu. 10. reckoneth them inter res quae sunt nullius ea quae pro waiuio habentur: sicut de aueriis, v∣bi non apparet Dominus, where he also saith, quòdo lim fuerunt inuen∣toris de iure naturali, & iam effici∣untur principis de iure Gentium. That this is a Regality, and be∣longing to the King, except it be challenged by the owner within a yeare and a day, it appeareth by Britton in his

uenthteene chapter. Now the Kings in their times haue graunted this and such like prerogatiues vnto diuers sub∣iects with their fees. who there likewise saith, that weifes, things lost, and estrayes, must by the Lord of the fraunchise where they are found, be cau∣sed to be cried and published in markets and churches nere a∣bout, or els that the yeare and day doth not runne to the pre∣iudice of him that hath lost them. See Waiue. M. Skene de verborum signifi. verb. waife, saith, that waife est pecus, vel animal a∣berrans, which wanders and wa∣uerrs without a knowne ma∣ster, and being found by any man within his owne bounds, must be by him proclaimed vp∣on diuers, and sundry market daies, at the parish church, and within the shyreeuedome. O∣therwise the deteiner may be accused of theft. And it is law∣full for the owner to challenge the beast within a yeare and day. Whereby it appeareth, that in Scotland that is called a weife which we heere call a stray or e∣stray.

Weald of Kent, is the wooddie part of the Countrie. Camden Britannia, pag. 247. M. Verstegan in his restitution of decayed in∣telligence saith, that Wald, Weald, and Would differing in vowell, signifie one thing, to wit a Forest. See the rest luera. W.

Wedding (Nuptiae) commeth of the German (wed). i. pignus. and wedde in Scotland signifieth so much at this day. Skene de ver∣borum signifi. verbo Vadium.

Weigh (waga) is a certaine waight of cheese or wooll, con∣teining 256. pounds of avoyr de poyce. See Clove.

Weights (Pondera) what they be, it is wellknowne. There be 2. sorts of them in vse with vs. The one called Troy weight, which conteineth 12. ounces in the pound, and no more: by the which, pearl, pretious stones, electuaries, & medicinal things, gould, siluer, and bread be wai∣ed: The other is called Auer de pois, which conteineth 16. ounces in the pound. By this all other things are waied, that passe betweene man and man by weight, sauing onely those aboue named. why the one should be called Troy weight, I haue not learned. though I reade it termed libram & vn∣ciam Troianam: as if it came from Troy. But Georg. Agricola in his learned tractate de ponde∣ribus & mensuris pa. 339. termeth the pound of 12. ownces li∣bram medicam, and the other of 16. ownces libram ciuilem. saying thus of them both: Me∣dica & ciuilis libra, numero non

grauitate vnciarum differunt. The second seemeth soe to be ter∣med by reason of the more full weight. for (Avoir de pois) in French, isas much to say, as to haue full weight. But by these words (Avoir de pois) are some time signified such mar∣chandies as are bought and sould by this kinde of weights. the first statute of Yorke anno 9. Ed. 3. in prooem. & anno 27. Ed. 3. stat. 2. ca. 10. & ann. 24 H. 8. ca. 13. Of weights in Scotland. See Skene de verb: signif. verbo Serplathe. All our weights and measures haue their first compo∣sition from the peny sterling which ought to weigh 32. wheat corns of a middle sort, twenty of which pence make an ownce and twelue such ownces a pound or twenty shillings, but 15. ownces make the Merchants pound. Fleta, li. 2. ca. 12. It is not vnlike that this mer∣chants pound, though an ounce lesse, should be all one in signification with the pound of auoir de pois: and the other pound, called by Flata trone weight, plainely appeareth to be all one with that which we now call trole weight. And I finde not Troie weight men∣tioned by any other that euer I read vpon this subiect, but onely our owne contry men. See Tronage.

Weights of Awncell, anno. 14. Ed. 3. stat. pri. c. 12. See Auncell weight.

Were, aliâs werre signifieth as much as (Aestimatio capitis, aut pretiū hominis. M. Lam. exp. of Saxō words, verbo: Aestimatio. That is to say, so much as one paid for killing of a man. Whereby he gathereth that slaughters, and such other great offences, were more rarely committed in aunci∣ent times, then now: when as for the multitude of offenders, death is most iustly inflicted for those crimes, that then were redressed by pecuniary mulcts. Of this see Roger Houeden, parte poster. suoruns annalium, in Henrico 2. fo. 344.

Weregelt thef. significat latro∣nem quire dimi potest. wera enim an∣glicè idem est in Saxonis lingua, vel pretium vitae hominis appraetiatum. Fleta lib. 1. ca. 47.

West Saxon lage, aliâs West sex∣enlage. See Lawe.

Wharfe (wharfa) is a broad plaine place neare to a Creeke or hithe of the water, to lay wares vpon, that be brought to or from the water to be transported to a∣ny other place. New booke of Entries, fol. 3. col. 3.

Wharfinger, is the keeper of a wharfe, anno 7. Ed. 6. ca. 7.

White hart siluer (Candidi Cerui argentum) is a tribute or mulct paid into the Eschequer out of the Forest of white hart: which (as M. Camden reporteth in his

Britan. pag. 150.) hath continued from Henry the thirds time, and was imposed by him vpon Tho∣mas De-la-linde, for killing of a most beautifull hart, which him∣selfe before had purposely spared in hunting.

Widow (vidua) seemeth to come of the French (vide. i. ina∣nitus, exinanitus) or the verb (vui∣der. i. inaniare) quasi priuata at{que} orba marito. Macrobius lib. pri. sa∣turn. ca. 15. draweth it from the Hetruscan verb (Iduare. i. diuide∣re. Vnde vidua quasi valde idua. i. valde diuisa: aut vidua. i. a viro diuisa. The signification with vs is apparent. But there is one kinde of widow, called the wi∣dow of the King, or the Kings widow (vidua Regis) that requi∣reth exposition. And shee is that widow, which after her hus∣bands death being the Kings te∣nent in capite, is driuen to reco∣uer her Dower by a writ De dote assignanda. Of whom you may read Stawnf: praerog. cap. 4. The words of the statute of the prarog: made anno 17. Ed. 2. be these. I∣tem assignabit viduis post mortem virorum suorum, qui de co tenuerunt in capite, dotem suam, quae eas con∣tingit, &c: licet haeredes fuerint plenae aetatis, sividuae voluerint. Et viduae illae ante assignationens dotis suae praedictae, fiue haeredes plenae aeta∣tis fuerint, siue infra aetatem, iura∣bunt, quòd se non maritabunt sine licentia Regis. Tunc Rex capiet in manum suam nomine districtionis omnes terras, & tenementa, quae de eo tenentur in dotem, donec satisfe∣cerint ad voluptatem suam: ita quòd ipsa mulier nihil capiet de exitibus, &c. quia per huiusmodi districtiones huiusmodi mulieres, seu viri corum sinem facient Regiad voluptatem suam. Et illae voluntas tempore Re∣gis Henrici patris Regis Edwardi aestimari consueuit ad valentiam prae∣dictae dotis per vnum annum adplus nisi vlteriorem gratiam habuerint. Mulieres, quae de Rege tenent in ca∣pite aliquam haereditatem, iurabunt similiter, cuiuscun{que} fuerint aetatis, quòd se non maritabunt sine licentia Regis. Et sifecerint, ••errae & tene∣menta ipsarum eodent modo ca〈…〉〈…〉∣tur in manum De••ini Regis, 〈…〉〈…〉∣us{que} satisfecerint ad voluntatem Regis. Of this see likewise the great charter cap. 7. whereby it appeareth that other common Lords haue the same power o∣uer their widowes, touching their consent, in their mariage, that the King hath. Of this you may read more in the writ De dote assignanda. Fitzh. nat. br. fo. 263. C. See also the statute anno 32. H. 8. cap. 46.

Windelesor. a Herald. See He∣rald.

Withernam (vetitum Namium) Master Lamberd thinketh to be compounded of (wither. i. altera, siue secundae) & (Nam. i.

pignoris captio) marueiling much why it should so farre be de∣praued in the interpretation, as to be translated (vetitum Namium.) Reade him in the explication of Saxon wordes, verbo, Pignorari. The concord of the thing signified with the meaning of the Latine words, maketh some to thinke, that it is compounded of (wehren. i. veto,) and (nyman,) or nemmen. i. capio.) For withernam in our common lawe is the taking, or driuing a distresse to a hould, or out of the countie, so that the Shyreeue cannot vpon the repleuin make deliuerance ther∣of to the partie distreined: In which case, the writ of Wi∣thernam, or de vetito Namio is di∣rected to the Shyreeue, for the taking of as many of his beasts that did thus vnlawfully distrein, or as much goods of his, in∣to his keeping, till that he hath made deliuerance of the first distresse. Also if the beastes be in a fortlet or castell, the Shy∣reeue may take with him the power of the countie, and beat downe the castell, as it appea∣reth by the Statute. Westm. pri. cap. 20. Britton. cap. 27. But M. Lamberds interpretation seemeth more consonant to the writ, the forme whereof is thus in part, (Fitz. nat. br. fol. 73.) Tibi praecipimus quòd averia prae∣dicti B. in Balliva tua capias in withernam, &c. and the Register o∣rig. fol. 82. & 83. & 79. a. & 80. a. and in the Register Iudic. fol. 29 a. & 30. a. Whereby it appea∣reth, that the Shyreeue by these words is willed to take in compensation of the former ta∣king, so many cattell, &c. But yet this may qualifie M. Lam∣berds maruelling, because they that translated this word into such Latine, seeme to haue bene deceiued by the propinqui∣tie of the word, (wehren) both to the word (withernam) and also to the meaning. This error (if it be an error) hath a pro∣bable likelihood of descent from the Normans, as appeareth by the grand Custumarie. cap. 4. where you haue wordes to this effect: Deficientes (sc. Ba∣liuos) facere iusticiari, & ca, de quibus iudicium vel recordatio ha∣bet fieri in curia: debet (sc. Iusti∣ciarius) retrahere vel recitare. Treugam dari debet facere, quod est assecuratio pacis observandae. Nam∣pta iniuste capta per ius facere liberari, &c. Here you may see (nampta) referred to the first taking or distresse, which is vn∣lawfull. Sir Thomas Smith in his Repub. Anglor. agreeth with M. Lamberd in these words: This (withernam) he (meaning Litleton, with whom Bracton also agreeth. lib. 2. cap. 5. & lib. 3. tract. 2.

cap. 36.) interpreteth vetitum Namium, in what language I know not. Whereas in truth it is in plaine Dutch, and in our old Saxon language (wither nempt. i. alterum accipere, alterum rapere,) a word that signifieth all one with that barbarous Latine word, (Repraesalia) when one ta∣king of me a distresse, which in Latine is called (pignus) or any other thing, and carying it away out of the Iurisdiction, where I dwell, I take by order of him that hath iurisdiction, another of him againe, or of some o∣ther of that Iurisdiction: and do bring it into the iurisdiction, wherein I dwell: that by equall wrong I may come to haue e∣quall right, &c. Namatio anima∣lium in Scotland is vsed for the pounding of cattell, Skene de verbor. signif. verbo, Averia: whom also reade, verbo, Namare. Wi¦thernam in Bracton lib. 3. tract. 2. cap. 37. and also in Westm. 2. ca. 2. seemeth to signifie an vnlaw∣full distresse, made by him that hath no right to distreine. an. 13. Ed. prim. cap. 2. See the newe booke of Entries. verbo Wi∣thernam.

Woad, (glastum) is an herbe brought from the parts of Tolouse in France, & from Spayno, much vsed and very necessary in the dying of wollen cloth. an 7. H. 8. cap. 2. we call it woad of the Italian word (guado) or the Ger∣mane word (weidt.)

Woodgeld, seemeth to be the gathering or cutting of wood within the Forest, or money payed for the same, to the vse of the Foresters. And the immu∣nitie from this by the Kings graunt, is by Crompton called Woodgeld. fol. 197.

Woodmen, seeme to be those in the Forest, that haue their charge especially to looke to the Kings woods. Manwood parte pri. of his Forest lawes pag. 193. and Cromptons Iurisd. fol. 146.

Woodmote court, is the Attach∣ment of the Forest. Manwood parte pri. of his Forest lawes. pag. 95. See Attachment.

Woodward (Woodwardus) is an officer of the Forest, whose fun∣ction you may partly gather by his oath set downe in Cromptons Iurisd. fol. 201. which M. Man∣wood hath also in his first part of his Forest lawes pag. 50. to the same effect, but something more at large. viz. You shall truly exe∣cute the office of a woodward of B. woods within the Forest of W. so long as you shalbe wood∣ward there: you shall not con∣ceale any offence either in Vert or in Venison, that shalbe com∣mitted or done within your charge: but you shall truly pre∣sent the same, without any fa∣uour, affection or reward. And

if you doe see or know any ma∣lefactors, or doe finde any Deere killed or hurt, you shall forth∣with doe the verderour vnder∣stand thereof. And you shall pre∣sent the same at the next court of the Forest: be it Swainmote, or court of Attachments, so help you God. Woodwards may not walke with bow and shafts, but with Forest bills. Manwood parte pri. of his Forest lawes pag. 189. and more of him pag. 97.

Wooldriuer, anno 2. & 3. Ph. & Ma. ca. 13. be those that buy wool abroad in the country of the sheep masters, & carry it by horse backe to the clothyers or to market townes to sell it a∣gaine.

Woolferthfod (Caput lupinum) is the condition of those, which were outlawed in the Saxons time, for not yelding themselues to Iustice. For if they could be taken aliue, they must haue bene brought to the King: and if they in feare of apprehension did de∣fend themselues they might be slaine, and their heads brought to the King. For they carried a woolues head, that is to say: their head was noe more to be accoumpted of, then a woolues head, being a beast so hurtfull vnto man. See the lawes of K. Edw: set out by M. Lamberd fol. 127. b. nu. 7. The very like where∣of Bracton also saith lib. 3. tract. 2. ca. 11. See vtlarie. Roger Ho∣ueden writeth it (Wuluesheued. parte poster, suorum annalium fol. 343. b.) whom read of this mater because you shall there see what it was in those daies to violate the peace of the church.

Woolstaple, anno 51. H. 3. stat. 5. See Staple.

Wooll winders, be such as winde vp euery fleece of wooll that is to be packed and sould by weight, into a kinde of bundle after it is clensed in such maner as it ought to be by statute. And to auoide such deceit as the ow∣ners were wont to vse by thru∣sting locks of refuse wooll and such other drosse to gaine weight they are sworne to performe that office truly betweene the owner and the merchant. See the statute, anno 8. H. 6. cap. 22. & anno 23. H. 8. ca. 17. & anno 18. Eliza. ca. 25.

Would. See Weald.

Wranglands, seeme to be mis∣growne trees that will neuer prooue timber. Kitchin fol. 169. b.

Wormseede (semen santoni∣cum) is medicinal seede browght forth of that plant which in Latine is called (Sementina) in English, holy wormwood, whereof you may read in Ge∣rards Herball li. 2. ca. 435. This is a drugge to be gar∣bled, anno 1. Iacob. cap. 19.

Wreck (wreccum vel wrectum maris) is the losse of a shippe and the goods therein contei∣ned by tempest, or other mis∣chaunce at the sea. The Ciuili∣ans call it (Naufragium) This wreck being made, the goods that were in the shippe, being brought to land by the waues, belong to the king by his prerogatiue. And therevpon in many bookes of our common lawe the very goods, so brought to land are called wreck. And wreck is defi∣ned to be those goods which are so brought to land. Sir Ed. Coke vol. 6. relatio, f. 106. a. & the statute anno 17. Ed. 2. ca. 11. in these words. Item Rex habebit wreccum maris, per totum Regnum, ballenas, & sturgiones captas in mari vel alibi infra Regnum, ex∣ceptis quibusdam locis privilegiatis per Regem. Whereby it appea∣reth that the King hath them, or such as haue by graunt this libertie or priuiledge of him. And that this statute doth but affirme the auncient lawe of the land, it appeareth by Bra∣cton, lib. 2. cap. 5. num. 7. hiis ver∣bis: Suntetiam alia res quae per∣tinent ad coronā propter privilegi∣um Regis, & it a communem non recipiunt libertatem, quin dari pos∣sint, & ad alium transferi. Quia si transferantur, translatio nulli erit damnosa, nisi ipsi Regi fiue princi∣pi. Et si huiusmods res alicui conces∣sae fuerint, sicut wreccum maris, &c. The reason of this he toucheth shortly in his first booke. cap. 12. num. 10. where he reckoneth these goods (iure naturali) to be (in bonis nullius) quia non apparet Dominus eorum, sed iure Gentium fieri principis: And see him also, lib. 2. cap. 24. num. 1. & 2. It is worth the asking to know: what is a wreck, and what not in this stricter sig∣nification. And the author of the termes of lawe saith, that if any person of the shippe come to land, it is not a wreck, or the wreck is not such, that the king ought to haue the goods. with whome agreeth S. Ed. Coke vol. 6. f. 107. a. No, if either Dogge or Catte escape aliue to the land: the goods are the owners still, so he come within a yeare, and day to claime them. And for this the statute is plaine Westm. pri. ca. 4. anno 3. Edw. pri. which do∣ctrine Fitzh. in his nat. br. fol. 112. 〈◊〉〈◊〉 extendeth thus farre, that if any of the goods be cast vpon the drie land by any in the shippe, it is no wreck subiect to the prerogatiue, for by this some of the shippe are presumed to come to land, and still to haue a custodie of the goods. Cooke vbi supra. This in the

Grand Custumarie of Norman∣die. cap. 17. is called (varech) and latined (veriseum) where it appeareth that the like lawe to ours was in Normandie al∣most in all points. But some sorts of their pretious Merchan∣dise doe by their lawe apper∣taine to the Duke by his pre∣rogatiue, though a iust challenge of the goods be made within the yeare and day. The Empe∣rours of Rome made no advan∣tage of this pitifull event, as appeareth: titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some re∣morse of poore sea mens mise∣ries in this case. For he quietum clamavit wreck suis subditis. Rog. Hoveden parte poster. suorum an¦nal. fol. 386. Of this M. Skene de verb. signif. speaketh to this effect: wreck signifieth a power, liberty, and prerogatiue apper∣taining to the King, or to any person, to whome the same is graunted by him by feofment, or any other disposition, to take vp and gaine such goods as are ship broken, or fall to him by escheate of the sea.

Writ, (breue) is that with our common lawyers (in Sir Tho. Smiths iudgement lib. 2. de Re∣pub. Anglorum. cap. 9.) which the Civilians call (Actionem, siue formulam) But I am rather of his iudgement, that hath added the marginall note vnto him, saying that (Actio) is the parties whole suite: and that (Breue) is the kings precept, whereby a∣ny thing is comaunded to be done touching the suite or a∣ction: as the defendant or te∣nent to be summoned, a distresse to be taken, a disseisin to be redressed, &c. And these writs are diuersly diuided, in diuers respects. Some in respect of their order, or maner of graunting, are termed originall, and some Iudiciall. Originall writs be those, that are sent out for the summoning of the Defendant in a personall, or Tenent in a reall action, or other like pur∣pose, before the suite beginneth, or to begin the suite thereby Those be iudiciall, that be sent out by order of the court, where the cause dependeth, vp∣on occasion growing after suite begunne. old. nat. br. fol. 51. And Iudiciall is thus by one signe knowne from the Originall, because the Teste beareth the name of the chiefe Iustice of that Court whence it com∣meth, where the Orig. beareth in the Teste the name of the Prince. Then according to the nature of the action, they be personall or reall: and reall be ei∣ther touching the possession, cal∣led writs of Entrie, or the pro∣perty, called writs of right.

Fitzh. nat. br. sparsim per totum. Some writs be at the suite of a party, some of office. old. nat. br. fol. 147. Some ordinary, some of priuiledge. A writ of priui∣ledge is that which a priui∣ledged person bringeth to the court, for his exemption, by reason of some priuiledge. See Pro cedendo. See the new booke of Entrise. verbo. priviledge. See Briefe.

Writ of rebellion. See Com∣mission of rebellion.

Writer of the talies (Scriptor tal∣liarum) is an officer in the Ex∣chequer being clerk to the au∣ditour of the receipt, who wri∣teth vpon the talies the whole letters of the tellers billes.

Y

YArd land (Virgataterrae) is a quantitie of land called by this name of the Saxon (Gyrd∣lander (but not so certaine a quantity, as that it is all one in all places. For in some country it conteineth 20. acres: in some 24. in some 30. as M. Lamb. saith in his explication of Saxon words: verbo virgata terrae. This yard land Bracton calleth (vir∣gatam terrae. lib. 2. cap. 20. & 27.) but he expresseth no cer∣tainty what it conteineth.

Yere and day (annus & dies) is a time thought in construction of our common lawe fit in many cases to determine a right in one, and to worke an vsuca∣pion or prescription in another. As in a case of an estray, if the owner (proclamations being made) chalenge it not within that time, it is forfeit. So is the yeare and day giuen in case of appeale, in case of descent after entry or claime; of no claime vpon a fine or writ of right at the common lawe: so of a vil∣lein remaining in auncient de∣meane, of the death of a man sore bruised or wounded: of protections; essoines in re∣spect of the Kings 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 ci∣vile lawe. Nam si mortifere fue∣rit vulneratus, & postea post lon. gum intervallum mortuus sit, inde annum numerabimus secundum ••u∣lianum. l. ait lex. Π. ad legē Aquil.

Yeare, day, and waste, (annus dies, & vastum) is a part of the Kings prerogatiue, whereby he challengeth the profits of their lands and tenements for a yere, and a day, that are attainted of petit treason or felonie, whoso∣euer be Lord of the maner, whereunto the lands or tene∣ments do belong, and not onely so, but in the end wasteth the tenement, destroyeth the hou∣ses, rooteth vp the woods, gar∣dens,

pastures, and ploweth vp medowes, except the Lord of the fee agree with him for the redemption of such waste, af∣terward restoring it to the Lord of the fee. Whereof you may reade at large in Stawnf. praerog. cap. 16. fol. 44. & seqq.

Yoman, seemeth to be one word made by contraction of two Danish words (yong men) which I gather out of Canutus Charter of the Forest set out by M. Manwood parte prim. fol. prim. num. 2. in these words: Sunt sub quolibet horum quatuor ex medio∣cribus hominibus, quos Angli (Le∣gespend) nuncupant, Dani verò (yong men) vocant, locati, qui curam & onus tum viridis tum veneris suscipiant. These M. Camden in his Britan. pag. 105. placeth next in order to Gentlemen, calling them (Ingenuos) whose opinion the statute affirmeth, anno 16. R. 2. cap. 4. whereunto adde the statute anno 20. eiusdem Re∣gis cap. 2. Sir Thomas Smith in his Repub. Anglor. lib. prim. cap. 23. calleth him a Yoman, whom our lawes call legalem hominem: which (as he saith) is in English a Free man borne, that may dispend of his owne free land, in yerely reuenew, to the summe of forty shillings sterling. Of these he writeth a good large dis∣course, touching their estate and vse in this common wealth. The former etymologie of the name he liketh not, making question whether it come of the Dutch (yonker) yea or not, which in the Low countries signifieth a meane Gentleman, or a gay fellow. But he that hath added the marginall notes to that booke, seemeth to draw it from the Saxon (Geman) which signi∣fieth a maried man. M. Versteg an in his restitution of decayed in∣telligence, cap. 10. writeth, that (Gemen) among the auncient Teutonicks, and (Gemein) among the moderne, signifieth as much, as Common, and that the first leter G. is in this word, as in ma∣ny others, turned into Y. and so written Yemen, and that therfore Yemen, or Yeomen signifieth so much as Commoner. Yoman signifieth an Officer in the Kings house, which is in the middle place betweene the Serge ant and the Groome: as Yoman of the Chaundrie, and Yoman of the Scullerie. anno 33. H. 8. cap. 12. Yoman of the Crowne. anno 3. Ed. 4. cap. 5. & anno 22. eius. cap. 1. & anno 4. H. 7. cap. 7. This word (Yongmen) is vsed for Yo∣men in the statute. anno 33. H. 8. cap. 10.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

FINIS.